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06-28-2021 Council Packet
Agenda Council Meeting Monday, June 28, 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 June 14, 2021 2. Council Work Session Minutes of June 14, 2021 3. Claims/Bills 4. Lurton Park Trail Improvements 5. Big Island Park ADA Trail Project (19-033) – Interpretive Signage & State Grant Agreement 6. LA21-000035 – Darrin Rosha o/b/o Orono Station West, LLC, 2160 Wayzata Blvd West, Sign Variances – Resolution 7. LA21-000030 – Tom Bergstrom, 1509 Long Lake Boulevard, Variances – Resolution 8. LA21-000032 – Al Azad, 165 Bederwood Drive, Variances – Resolution Public Comments – (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Presentation 9. Gillespie Center Annual Report 10. Tour de Tonka – Tim Litfin Public Hearing 11. LA21-000026 – JALIN Design LLC o/b/o Tim Holland, 1395 Orono Lane, Variances – Resolution 12. Annual Public Meeting for MS4 Storm Water Permit City Attorney Report City Administrator/ City Engineer Report 13. Provision of Public Works Service to the City of Spring Park by the City of Orono Mayor/Council Report Adjournment Agenda Council Meeting Monday, June 28, 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 Upcoming Events 2021 07-05-21 Official Holiday, City Offices Closed 07-06-21 Park Commission Work Session, Tuesday, 6:00 p.m. 07-12-21 Council Work Session, Monday, 5:00 p.m. 07-12-21 City Council Meeting, Monday, 6:00 p.m. 07-19-21 Planning Commission Meeting, Monday, 6:00 p.m. (Matthew Johnson) 07-26-21 Council Work Session, Monday, 5:00 p.m. 07-26-21 City Council Meeting, Monday, 6:00 p.m. 08-02-21 Park Commission Work Session, Monday, 6:00 p.m. 08-09-21 Council Work Session, Monday, 5:00 p.m. 08-09-21 City Council Meeting, Monday, 6:00 p.m. 08-16-21 Planning Commission Meeting, Monday, 6:00 p.m. (Dennis Walsh) 08-23-21 Council Work Session, Monday, 5:00 p.m. 08-23-21 City Council Meeting, Monday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 13 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Matt Johnson, Aaron Printup, and Victoria Seals. Representing Staff were City Attorney Soren Mattick, Community Development Director Jeremy Barnhart, and Finance Director Ron Olson. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA Crosby would like to remove items 11 and item 16 from the Consent Agenda. 1. MEETING MINUTES OF May 24, 2021 2. CLAIMS/BILLS 3. APPROVAL OF GARBAGE HAULERS LICENSES 4. APPROVAL OF RENTAL LICENSES 5. APPROVAL OF GAMBLING LICENSE RESOLUTION NO. 7192 6. APPROVAL TO ACCEPT DONATIONS 7. DISPOSAL OF BICYCLES 8. DISPOSAL OF UNCLAIMED PROPERTY 9. ADOPTION OF THE SCHOOL RESOURCE OFFICER AGREEMENT WITH THE WESTONKA SCHOOL DISTRICT – RENEWAL 10. 2021 CRACK SEALING 11. DOCK AND RIP RAP IMPROVEMENTS FOR CASCO BEACH a. This item was removed from the Consent Agenda 12. APPOINTMENT OF SEASONAL EMPLOYEES 13. ACCEPT RESIGNATION OF MARGARET UNG 14. LA21-000031 – DOUG JOHNSON O/B/O STEVE ZAWOYSKI, 724 TONKAWA RD, VARIANCE – RESOLUTION NO. 7193 15. LA20-000033 – DUPONT CONSTRUCTION & REMODELING INC., O/B/O CAROLYN & MASON HARDY, 1579 MAPLE PLACE, VARIANCES – RESOLUTION NO. 7194 16. ORONO MOUNTAIN BIKE TEAM USE OF BEDERWOOD PARK a. This item was removed from the Consent Agenda MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 13 CONSENT AGENDA – Continued Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Jim Hillegass, 2465 French Lake Road, is here to serve a summons and complaint in a civil matter against the City, the City Councilmembers, and others involved in a dispute they have had that lasted almost five years regarding a septic system. He did not cause the problem, he fixed the problem, it was complicated to fix, and took longer than the City was willing to wait. Therefore, the City brought a criminal complaint against him which he could go to jail for. He thinks that is overreach and part of his request to the Council is that they reconsider what they are doing in that area. A zoning matter or a minor offense shouldn’t be punishable by a steep fine or jail time. His friend Matt Ashland is here to serve. Mr. Hillegass noted there was some question on Attorney Mattick’s part about who should be served if he is trying to serve the City; his reading of the law is the chief executive of the City which in this case could be the Mayor or the City Administrator. Because the City Administrator is not present this evening, Attorney Mattick has invited Mr. Hillegass to come back the following day to serve the Clerk. Mr. Hilegass would like the City’s permission to do it in person so he does not have to ask Matt Ashland to come back again and if not, he will hire a sheriff to do it if necessary. Mayor Walsh will give Mr. Hillegass permission to do whatever he wants but is not any authority that can tell him what is right or wrong. If he wants to serve the Council it will be at his own prerogative and Mr. Hillegass can follow through on whatever he thinks is the right way to do it. Mr. Hillegass replied the law allows the City to waive the need to serve it by a third party. Walsh moved, Crosby seconded, to waive the service need for a third party. VOTE: Ayes 5, Nays 0. Attorney Mattick clarified for the record that he did not give Mr. Hillegass any advice, he simply stated a concern about who was being served, but he cannot advise Mr. Hillegass. Mr. Hillegass stated as a City resident, he thinks he is entitled to know what the opinion is and how it should be served. He asked is that not the case? Attorney Mattick replied no, in his opinion. Mr. Hillegass clarified Attorney Mattick works for the Council but not for the residents in any way. Attorney Mattick replied that is right, he works for the Council. Mr. Hillegass would ask the Mayor and Councilmembers to ask the Attorney to provide the information necessary. Attorney Mattick stated any time they want to go in to a closed session, they certainly can. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 13 PUBLIC COMMENTS – Continued Mayor Walsh would defer that to Mr. Hillegass’ own counsel. Mr. Hillegass noted he is representing himself. He is ready to talk anytime anyone wants to talk. Amy Antilla of Minnetrista, is present somewhat representing the Orono and West Tonka Mountain Bike Teams. Mayor Walsh clarified it is an agenda item and they will discuss it later on. PRESENTATION 17. COMMISSIONER CHRIS LATONDRESSE UPDATE Mr. LaTondresse is the newly elected Commissioner for Hennepin County District 6 and gave a short update to build on the practice of his predecessor Jan Callison, who once a year tried to make it to each of the 16 cities in District 6 for a short County update. He is committed to ensuring the partnership between Hennepin County and the City of Orono remains strong for years to come. He is proud of the ways they have met the moment, combatting the Covid-19 virus directly through testing and vaccination, providing extra help to residents and small businesses who have needed it, and to rethink how they serve people. He noted emergency rental assistance programs of over $16,000,000 and another allocation of $31,000,000 from the federal government to help with this assistance through the end of the eviction moratorium and out the other side. The single biggest thing Hennepin County has spent money on during the pandemic is small business grants, investing more than $69,000,000 to small businesses. He is advocating for another allocation of dollars to go to small businesses to help them through some of the economic impacts. He spoke about public safety and mental health, including posting a full-time social worker at 911 dispatch to better understand those mental health calls. Commissioner LaTondresse highlighted infrastructure projects and the climate action plan which is a roadmap to mitigate the impacts of climate change. His top priorities as Commissioner include housing, public safety, and economic inclusion. Mayor Walsh congratulated Mr. LaTondresse on his election and noted Ms. Callison was stalwart in helping out Orono for a long time. He noted his top priorities include the relationship with roads to make sure they are upgraded and brought up to par, and making sure the Sherriff’s patrol is adequately funded because they manage everything on the lake and he wants to make sure they are funded correctly. Seals noted Orono has 24 parks and Ms. Callison was a good partner in making sure when Orono was trying to do improvements that they partnered with Hennepin County. Making all of that accessible to more people would be a priority for her. Partnering on grants and keeping their parks fresh is important. Johnson said regarding landlords, some of the help they need is to get the eviction courts back open; he thinks the tremendous financial risks that landlords take for their own investment is forgotten. Many landlords have been left behind and as mentioned there are some programs to help with payment which takes some cooperation out of a tenant. With those eviction courts being closed it has taken away a tool for the tenant to secure their financial interest; if there is an area that can help landlords it would help to get that balance of power back to an even place with two people under contract that have equal rights under the law. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 13 17. COMMISSIONER CHRIS LATONDRESSE UPDATE – Continued Mr. LaTondresse replied anytime they have that conversation regarding economic impacts and housing people think about tenants and landlords and they are often pitted against one another. From a County standpoint, they are not responsible for any of the laws surrounding evictions or eviction court as that is set at the State level. In terms of the money they have received, they are trying to do their best to get people whole, so when residents come to the County asking for help on arrears, back payments, etcetera, they pay those funds directly to landlords. This is one reason Hennepin County has probably been leading many of the counties in Minnesota; they are trying to be proactive with landlords to make sure they know they can apply on behalf of their residents and they get paid directly rather than going to the residents first. Johnson asked if Mr. LaTondresse has anything to do with the Department of Motor Vehicles (DMV). He noted he has a commercial vehicle and the only way to renew tabs is in person, one cannot do it online like a car. After 3 different attempts of stopping at the local DMV which had 2 hour plus wait times, he got to the point where he was getting desperate. Johnson made the time, got to the end of the line, and was told that this appointment system and the other DMV locations is so inefficient as they are months out, so everyone is moving out to the regional DMV’s. He asked if there is any relief in the DMV process. Mr. LaTondresse replied he hears from residents about two things: the service centers for driver’s license renewals and library re-openings. He noted it is a pain point and the following day the Hennepin County Board is reviewing what have been the COVID policies in place for over a year which have had impacts on service centers. He stated he is of the view that it is time to reopen for business and hopefully there will soon be relief. The Councilmembers thanked Mr. LaTondresse for his time. FINANCE DIRECTOR REPORT 18. BUILDING FEE UPDATE Finance Director Olson reported Building Permit revenue is doing very well this year; five months into the year they are at 51% of Building Permit revenue. For new homes, to compare in 2019 they were at 20 homes, in 2020 were at 16 homes, and in 2021 they are at 19 homes. Regarding finance updates, the Council accepted the resignation of the accountant today and tomorrow the City will be advertising for a new accountant. Mayor Walsh asked Barnhart how the backlog of permits coming for the next month are doing. Barnhart replied they will be pretty consistent across the board in terms of permits. He does not recall any big jumps in value or huge projects. Staff is pretty consistently busy in getting those permits through. 16. ORONO MOUNTAIN BIKE TEAM USE OF BEDERWOOD PARK Olson said as the Council is aware the Mountain Bike Team approached the City about using Bederwood Park on a trial basis to build a course and teach skills to younger riders. They did that and now require an amendment to the City Code as bikes are not allowed in the City’s parks on trails. There is a resolution MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 13 16. ORONO MOUNTAIN BIKE TEAM USE OF BEDERWOOD PARK – Continued before the Council tonight to approve the use of bikes at Bederwood Park. The Council received an email the previous week as there has been some discussion in the community. Mayor Walsh said the bike community has been there for a while, and they have been good citizens and doing their part. Seals noted the more people that use the parks, the better off they are as that is what they are there for. The mountain biking club has been at Bederwood for a significant amount of time and she met with them; in talking about being responsible citizens, the club was picking up garbage on the way back, and she said they are very respectful. Seals has checked and they always have adults/coaches just like any other sport. She has no complaints and said they need to be sure they mark off the boundaries so it is clear where the lines are. It is unfortunate that the private property that abuts Bederwood has had issues over the years as that should never happen, but that does not mean the Mountain Biking Club caused those issues. Seals also think when there are positive activities at the Park it actually deters the negative activities. Her viewpoint is that young kids with coaches in any sports activity create a positive activity. She made it clear that they do not want any entity going on private property and again suggested marking those boundaries. She lives next to the park and she can always pop down there when she is home. Crosby agrees that it is great for youth and adults to have activities at the parks. Johnson suggested having that line surveyed and putting monuments there to be respectful of the abutting property owners. The mission has been to get more people to use the parks and he likes the diversity of adding the bike club. Amy Antilla is one of the coaches with the Orono/West Tonka Mountain Bike Team, and could not say it better than Seals. They really appreciate the Council’s support in allowing the team to utilize that area and Bederwood Park and they hope that it all works out. She agrees it would be a good idea to survey the area and make everyone aware of where the boundary line is. Crosby asked how many kids are on the team. Ms. Antilla replied they have 60 students, about 40 from Orono and 20 from West Tonka. Barbara Schmidt, owner of 50 Landmark Drive, lives at the property that abuts the park. She would like to go on record saying that she has had a lot of damage and part of it is from the team. However, she also wants to ask that they look at the park from the natural side because that is big woods and the stream is getting destroyed right now and makes her feel bad. Ms. Schmidt noted they have counsel and have reached out to Edwards and copied Olson on some emails; her counsel is trying to get in touch with the City and trying to go down that trail. Mayor Walsh is not sure what trail she is referring to. Ms. Schmidt replied that her counsel will contact the City. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 13 16. ORONO MOUNTAIN BIKE TEAM USE OF BEDERWOOD PARK – Continued Olson spoke with Ms. Schmidt’s attorney for a few minutes and sent him what was on this evening’s agenda. Johnson said they will get the property line identified so it eliminates any concern about trespassing. Ms. Schmidt does not think that would take care of it. Johnson noted it is a good start. Ms. Schmidt agreed and is glad the City Council is looking at it; she thinks a lot more needs to be looked at because it has been less than a month and she found out by accident. She would like neighbors and everyone to know and look at this. Mayor Walsh said parks are always a moving piece of property as the City is always making them better. The best thing to do is always be in communication, including the Parks Director and Parks Commission Chair; they are always looking for new thoughts and ideas of what they can do to make them better all the time. Ms. Schmidt said that is great to hear and thanked the Council. Seals moved, Crosby seconded, to approve the attached Resolution No. 7195 designating Bederwood Park as a designated pathway area for mountain bike use, including marking of the property line. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT DIRECTOR REPORT 19. LA21-000030 – TOM BERGSTROM, 1509 LONG LAKE BLVD, VARIANCES Curtis presented a summary packet of information to the Council and said the property owner is requesting rear setback and 75-foot lake setback variances in order to expand the existing deck by 227 square feet (including staircase). The property owner has indicated a willingness to remove an 80 square foot deck/patio within the 75-foot setback to facilitate approval of the requested variances and offset 75- foot hardcover. In May the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7-0 to deny the variances. Planning Staff recommends denial of the requested variances to enlarge the deck within the lake setback as the property has reasonable use with the existing improvements. The requested lake setback variance is not supported by practical difficulty. Staff would support a rear setback variance if it is out of the lake setback. Tonight the Council should consider directing Staff to draft a resolution reflecting their decision. Mayor Walsh said if the Applicant is willing to give up 85 or 100 feet to grab 16 feet to make the deck in this weird site work, it seems like a pretty reasonable trade-off. His question is, this house is only a few years old and obviously had to have variances to build the house. In that variance request, did the City tell him to remove all the 0-75 that was already there? Curtis noted Laura Oakden handled the variance for the home and she does not know the conversations, but the City was not able to require him to remove it. He was allowed to keep it as an existing non- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 13 19. LA21-000030 – TOM BERGSTROM, 1509 LONG LAKE BLVD, VARIANCES – Continued conforming improvement. Portions of the house that exist today were built within the previous home footprint. Johnson has the same thought as Mayor Walsh – if he was not supposed to remove that hardcover as a function of his original permit and is willing to relinquish that in exchange for that small chunk, Johnson thinks that achieves what they are trying to do in limiting within the 0-75. That is a net gain. Mayor Walsh stated that is a huge net gain and is the direction they want to keep going. Johnson would be comfortable approving this variance application while getting rid of the deck and rocks that go with it. Johnson moved, Printup seconded, to approve LA21-000030, 1509 Long Lake Blvd, variances with the removal of the existing hardcover in the 0-75 with the surrounding rock and deck in exchange for allowing the new encroachment into the 75 foot setback. 20. LA21-000032 – AL AZAD, 165 BEDERWOOD DR., VARIANCES Curtis presented a summary packet of information to the Council and said the Applicant is requesting variances related to lot area, lot width, and front and rear setback in order to redevelop the property with a new single family home. In May, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7-0 to deny the variances. The Commission contemplated different orientations for the home with respect to the setbacks, but the Applicant chose to proceed as proposed. Planning Staff does not support the variance for front and rear yard setbacks as supporting practical difficulties have not been clearly identified. Council should consider directing Staff to draft a resolution reflecting their decision. Mayor Walsh asked to explain the moving pieces on this application. Curtis noted this lot previously had front (defined as east) and rear (defined as the west lot line) which is an awkward configuration because there is no technical road frontage. Bederwood Drive is not a platted roadway and it ends within the Luce Line property. There is a detached garage shown up and possibly over the property line. Johnson said the purposes of the setbacks of a house by ordinance are ultimately for conformity with the neighborhoods, etcetera. Curtis replied that is correct and is why the front is oriented towards the road as the neighbor’s house is. Johnson noted this is such a bizarre circumstance. When he looked at it, he was pretty comfortable with the design because it is by itself around the corner and set back in there. As the Planning Commission talked about, what is actually the “front” is really arbitrary because there is a secret little road going on the Luce Line property and into that property. He did not see a problem with what they are doing as long as they are fine on hardcover, etcetera. He likes the fact that they are getting rid of the garage that was MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 13 20. LA21-000032 – AL AZAD, 165 BEDERWOOD DR., VARIANCES – Continued potentially encroaching and at the front of the property; this property is not harming anyone by their location. Curtis explained the way the Applicant has the proposed home oriented puts that home’s rear yard abutting the rear yard of 3580. Al Azad, 165 Bederwood Drive, tried to look into remodeling the property and brought a few people out who told him he is wasting his money, and that it is a good thing to rebuild the house. As for the garage, the roof is connected but the garage is detached right now; it would be an enhancement to the neighborhood if they put a nice house there. Johnson moved, Printup seconded, to approve LA21-000032, 165 Bederwood Dr., Variances VOTE: Ayes 5, Nays 0. 21. LA21-000035 – DARRIN ROSHA O/B/O ORONO STATION WEST, 2160 W. WAYZATA BLVD, VARIANCE Barnhart presented a summary packet of information to the Council. Orono Station is seeking variance approval for second free standing sign that is 95.79 square feet where 63 square feet exists, and three canopy signs where two are permitted. They also request variances for the canopy to be lit. Staff supports the number of free-standing signs (2) and the number of canopy signs (3), however Staff does not support the lighting of the canopy nor the increase in size of the signage for the free-standing sign to 95.79 square feet. A monument sign size and the changeable copy signs comply with the Code if the Council were to approve the sign area. Planning Commission reviewed this at the May meeting and recommended approval of the sign package as presented; they did not see an issue with the larger sign area, recognizing the characteristics of Wayzata Boulevard and also some competition further down the street in Long Lake. They also put some weight behind what Marathon proposes or requires from a sign package perspective for their brand. Barnhart is looking for direction from the Council on either drafting a resolution of approval or a resolution of denial. Crosby asked if Marathon has regulations on the sign size. Barnhart replied they have certain parameters they look for in their franchise agreement and certain standards they look for. Mayor Walsh said it is interesting as they do not have a lot of commercial in Orono. As long as it is in character with what is in Long Lake along the boulevard and they are not creating something crazy, it would seem to fit and be just fine. Johnson noted the sign on screen is smaller than the Holiday in Navarre. He does not concern himself with what Marathon wants. Crosby and Walsh agreed. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 13 21. LA21-000035 – DARRIN ROSHA O/B/O ORONO STATION WEST, 2160 W. WAYZATA BLVD, VARIANCE – Continued Johnson spoke about the lighting of the outside of the canopy, the blue and red strips, and said that does not need to be lit. The name can be lit but the entire ribbon around the outside seems unnecessary. He noted this is the first challenge of the City’s sign code and asked Barnhart if that is correct. Barnhart replied Lund’s and Byerly’s got a variance for their sign when it was rebuilt for a setback issue, and Bridgewater Bank was also probably related to its setback. Johnson said it would be nice – if people are doing reasonable signs – that they do not have to come to the Council. Crosby stated for him it comes down to what they are doing across the City and consistency. He noted Holiday has a blue line lit up around the whole thing to highlight it. If it is consistent he is good with it. Printup agrees it would be nice to have some consistency, but at the same time they must dissect it a bit when it comes into a certain neighborhood. When that was Mr. Bill’s place, it wasn’t a really high commercial area. As opposed to what a nice light and property improvement, there was an old cabin rental dilapidated house in front of it a few years ago. He noted there are improvements to that spot. Printup moved, Crosby seconded, to direct Staff to draft a Resolution of Approval of LA21-000035, Orono Station West, 2160 W. Wayzata Blvd, Variance based on the sign package presented. VOTE: Ayes 5, Nays 0. 22. LA21-000028 - CITY OF ORONO TEXT AMENDMENT RELATED TO SIGN REGULATIONS Barnhart presented a summary packet of information and stated Staff is proposing some amendments to the sign ordinance in part triggered by the review of the previous sign permits. In review of that permit process, several things were identified to be unclear in the sign Code and tried to clarify. The goal is to keep the sign ordinance content-neutral, they cannot regulate signs based on content but most sign ordinances are based on what the sign says. The Planning Commission reviewed this at the previous month’s meeting and recommended some changes to canopy signage in terms of what the face of a canopy is and regulations for that. The concern on the canopy signs was encroaching into residential areas and impacts. They also asked Staff to provide some analysis on what area communities do in terms of their free standing signage to be sure Orono is in the same ballpark which is provided in the packet. Staff recommends some changes to the sign area to be more in line with what the industry is looking for with certain types of signs. Crosby asked if there is anything restricting people from putting up completely offensive signs. Barnhart noted they have a section in their code about offensive language but is not necessarily in the sign Code. He walked the Council through some housekeeping clean up items in the Code and some of the updates in the packet including traffic signs on private roads, signs announcing new neighborhood developments, and the increase for most common commercial areas from a maximum area of 45 square feet to 60 square feet to be in line with what neighboring cities allow. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 13 22. LA21-000028 - CITY OF ORONO TEXT AMENDMENT RELATED TO SIGN REGULATIONS – Continued Johnson moved, Seals seconded, to approve LA21-000028, City Of Orono Text Amendment Related To Sign Regulations as noted. VOTE: Ayes 5, Nays 0. 23. LA21-000034 – REPRISE DESIGN O/B/O BROOK INVESTMENT GROUP, LLC, 3423 SHORELINE DRIVE – SKETCH PLAN Barnhart presented a summary packet of information. The Applicants are seeking non-binding feedback on a proposed sketch plan that would create one new commercial site for a potential drive-through business. If a plat is approved, then any permitted use can go within that new lot; if it is a drive-through business initially, that could change. Based on the review of the subdivision which is an existing lot and a new lot, the lot meets the area and width requirements for the zoning district. However, once they split the lot, Lot 1 will likely exceed the lot coverage in hardcover limits because most of the front area is paved for parking and most of the back area is also paved for parking. There will likely be some need for variance on both lots due to the nature of how the shopping center has developed over the years. Mayor Walsh noted it is all paved now so they are not adding hardcover. Barnhart stated no, they are just removing the lot area. Some of the Councilmembers may recall there used to be a gas station on this lot and that clean-up finished 20-30 years ago. The Planning Commission reviewed this in a public meeting but it was not a public hearing, and the City has since received a letter of comment from a neighboring property owner. The subdivision and any variance will require a public hearing. The Planning Commission was a bit concerned with the traffic backing up from the drive- through onto the street. Walsh noted it would be quite a ways to have traffic back up that far. Johnson thinks it would be nice to see something there. Barnhart noted the Planning Commission also spoke about potentially developing this as a PUD; Staff will look into that a bit further, and that would require a zone change. Barnhart is not sure what the benefit would be to a PUD, but they can look at that. Corey Englund, Reprise Design 12400 Portland Ave S, Burnsville, noted the Applicant is looking at a coffee shop concept which helps further with the stacking problem as many quick-serve coffee restaurants can turn cars around in 2-3 minutes tops. This is an empty, vacant lot that is occasionally used for fireworks sales and he thinks this is a very, very good improvement of the space. However, it does have some difficulties with the site; there is a retaining wall to the south and east that is really binding them just to the tiny quadrant shown on screen. He thinks it is perhaps a 6 foot drop in grade. He also believes they need a minor setback variance on the east end and the hardscape and structural limitations for the different plots. Mayor Walsh noted they have a drive-through at Culver’s right now and there is historically not a back- up there. Plus, in the winter, drive-throughs are beneficial and more convenient. Crosby is comfortable with improving that corner. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 13 23. LA21-000034 – REPRISE DESIGN O/B/O BROOK INVESTMENT GROUP, LLC, 3423 SHORELINE DRIVE – SKETCH PLAN – Continued Printup stated when improvements start to be made, it is a domino effect. Overall, the Council felt positive about the sketch plan. 11. DOCK AND RIP RAP IMPROVEMENTS FOR CASCO BEACH Johnson wants to be sure he is correct on something, and said they received bids for docks; one was a tilt- in dock and the other was a roll-in which he assumes is the same as they purchased for Lydiard Beach. He asked how much more was it? Olson believes it was about $1,200 more. The tilt-in dock is approximately $2,600 and the roll-in dock is approximately $3,400. Johnson moved, Crosby seconded, to accept the roll-in dock bid to keep the consistency. VOTE: Ayes 5, Nays 0. CITY ATTORNEY REPORT Attorney Mattick had nothing to report, and noted that the City and Mayor were sued this evening during public comments. Richie Anderson noted the Councilmembers should have received a copy of a document from the Lake Minnetonka Conservation District (LMCD) Executive Director about the 2022 budget. The Council is invited to provide comments and he hopes someone would strongly follow up with a letter that they are in favor of reducing the City’s levy by $11,500. He updated the Council that he found a buyer for the harvesters and is setting a budget for 2 patrolman deputies that will stay on the lake and not go down to the river which is $84,000; the previous year Mr. Anderson and Gabe funded the final $42,000 so they have made progress. They are currently out fundraising and will have a big surprise when the Treasurer’s Report is presented at the next LMCD meeting. Mayor Walsh asked how the crystal clear is going. Mr. Anderson replied his area is gorgeous and they drafted a strong letter; he said the LMCD supports the City of Minnetonka Beach getting in bed with Orono to treat Crystal Bay. They will see how that goes. He explained when they did their bay they raised money to do a Lake Vegetation Management Plan (LVMP), and a Lake Improvement District (LID) is for the entire bay. He stated this bay is different because they need a joint powers agreement with the City of Minnetonka Beach who did not see it in their wisdom to step out a bit and take a chance. Johnson said as a testimony on the reality of the difference, he is renting a house straight across. This year with the early ice out, one has to get to 16 feet of water depth right now to get out of the weeds on the depth locator. However on Mr. Anderson’s side it is unbelievable and gorgeous. Mr. Anderson clarified the citizenry is doing all this, not the LMCD. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 13 CITY ATTORNEY REPORT – Continued Mayor Walsh thinks that is sad. Johnson asked of the $75,000 collected for the Aquatic Invasive Species (AIS) from the cities the previous year, how much of that was spent on AIS? Mr. Anderson said Orono paid $11,900 and they could have paid twice what they spent…it was less than $5,000. Seals asked where that money went? Mr. Anderson replied they have $697,000 of reserve money in the LMCD; the auditor says they should have 30-50% of expenses. In looking at the spreadsheet, expenses were $493,000 so 50% would be $250,000. In the 2021 budget there is still another $75,000 and he does not see how that will be spent. MAYOR/COUNCIL REPORT Johnson likes adding more biking around the area and this is the busiest he has seen the Luce Line. He noted Mr. Anderson has done a lot to hold the LMCD accountable for their spending. Crosby had a great time at Bederwood Park, they had a nice turn out and the mascot from the Minnesota United was there. The park looked great and he hopes to get those dugouts painted and cleaned up a bit. He wished his wife a happy anniversary and noted they celebrate 30 years on Wednesday. Printup said school is out for summer, it is hot yet good to be outside. Seals noted there was awesome feedback on Bederwood, people love it, it is a great field. She supports people really utilizing the parks, the more the better. She spoke with Joey Brettingen and said they trusted Bolton and Menk to map it out correctly and when they mapped it out the understanding was that they would have the base for a full-size field. She noted Bolton and Menk did not include 6 feet down the sides for referees running down the field, and for parents and spectators; therefore Mr. Brettingen’s team had to shrink the sides of the field so that the lines are not in the swale. Seals told Brettingen to broaden it up almost out to the swale and see what the feedback is. Crosby thinks it is not unreasonable to ask Bolton and Menk to fix it in the off-season at their expense. If a City asks for a full-size field it is reasonable to have a sideline. Mayor Walsh thinks they should give the feedback that it was an error so it does not happen again. He added Bederwood was fun, it has been hot, and the previous weekend he was not on the lake at all as there were too many boats. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 13 ADJOURNMENT Crosby moved, Seals seconded, to adjourn the meeting at 7:53 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Council Work Session Monday, June 14, 2021 5:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Victoria Seals, and Matt Johnson. Staff members present were City Administrator/Engineer/Public Works Director Adam Edwards, Finance Director Ron Olson, and City Clerk Anna Carlson. Meeting started: 6:20 p.m. 1. Fire Department Equipment Overview Fire Chief James Van Eyll presented an overview of the Fire Department Equipment to the City Council. There was some discussion about equipment needs and the possible creation of a fire department committee. Adjourned: 5:45 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: MLU Reviewed By: RJO Approved By: 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 116628 to 116728, totaling $230,096.24. 3. Noteworthy Payments. Vendor Amount Description of Payment #116642 American Engineering Testing Inc $2,175.00 Payment for test borings at the new Public Works facilities. This tests for the site’s condition, such as soil and water conditions. #116705 Quality Flow Systems $6,745.00 Payment for 2 lift station repairs and for yearly lift station and grinder station maintenance. #116706 Randy’s Environmental Services $10,835.80 Payment for garbage service and for City’s spring clean-up day haul-away. #116716 The Gillespie Center $9,500.00 Payment for Senior 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: June 28, 2021 Item Description: Claims/Bills Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Marie Jorland 06/24/2021 113373 011020 101-45210-331 Reimb Mileage Golf Course 34.80- Marie Jorland 06/24/2021 113373 120719 101-45210-331 Reimb Mileage to buy Supplies Golf Course 32.48- Marie Jorland 06/24/2021 113373 120719 101-45210-201 Reimburse for GC Supplies Golf Course 78.53- Total 113373:145.81- Int'l Institute of Municipal Clerks 06/24/2021 115482 111220 101-41300-433 TRAINING MEMBERSHIPS Administration 170.00- Total 115482:170.00- MET COUNCIL ENVIRONMENTA 06/15/2021 116583 0001125481 602-49450-383 WASTEWATER CHARGES 07/2021 Sewer 58,379.16- MET COUNCIL ENVIRONMENTA 06/15/2021 116583 053121 101-20809 SAC CHARGES 5/2021 4,970.00- MET COUNCIL ENVIRONMENTA 06/15/2021 116583 053121 101-39610 SAC CHARGES 5/2021 24.85 Total 116583:63,324.31- Void Check 06/15/2021 116628 MET COUNCIL ENVIRONMENTA 06/15/2021 116628 0001125481 602-49450-383 WASTEWATER CHARGES 07/2021 Sewer 58,379.16 MET COUNCIL ENVIRONMENTA 06/15/2021 116628 0001125481 602-49450-383 WASTEWATER CHARGES 07/2021 Sewer 58,379.16- MET COUNCIL ENVIRONMENTA 06/15/2021 116628 0001125481 602-49450-383 WASTEWATER CHARGES 07/2021 Sewer 58,379.16 MET COUNCIL ENVIRONMENTA 06/15/2021 116628 053121 101-20809 SAC CHARGES 5/2021 4,970.00 MET COUNCIL ENVIRONMENTA 06/15/2021 116628 053121 101-20809 SAC CHARGES 5/2021 4,970.00- MET COUNCIL ENVIRONMENTA 06/15/2021 116628 053121 101-39610 SAC CHARGES 5/2021 24.85- MET COUNCIL ENVIRONMENTA 06/15/2021 116628 053121 101-39610 SAC CHARGES 5/2021 24.85 Total 116628:58,379.16 MET COUNCIL ENVIRONMENTA 06/15/2021 116629 053121 101-20809 SAC CHARGES 5/2021 4,970.00 MET COUNCIL ENVIRONMENTA 06/15/2021 116629 053121 101-39610 SAC CHARGES 5/2021 24.85- Total 116629:4,945.15 ICMA RETIREMENT TRUST 45 06/17/2021 116630 06172021 101-21705 457 - 06/13/2021 1,691.00 Total 116630:1,691.00 International Union Local #49 06/17/2021 116631 06172021 101-21707 LOCAL 49 DUES - 6/2021 210.00 Total 116631:210.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LAW ENFORCEMENT LABOR S 06/17/2021 116632 06172021 101-21707 LELS DUES - LOCAL 40 6/2021 1,302.48 LAW ENFORCEMENT LABOR S 06/17/2021 116632 06172021 101-21707 LELS DUES - LOCAL 168 6/2021 317.50 Total 116632:1,619.98 MN STATE RETIREMENT-HCSP-06/17/2021 116633 06172021 101-21718 PEHSCP - 6/13/2021 2,559.15 Total 116633:2,559.15 NATIONWIDE RETIREMENT 06/17/2021 116634 06152021RO 101-21705 ROTH - 06/13/2021 200.00 NATIONWIDE RETIREMENT 06/17/2021 116634 06172021OB 101-21705 OBRA - 6/13/2021 633.98 NATIONWIDE RETIREMENT 06/17/2021 116634 06172021US 101-21705 457 - 06/13/2021 880.00 Total 116634:1,713.98 OPEIU - LOCAL 12 06/17/2021 116635 06172021 101-21707 UNION DUES - LOCAL 12 6/2021 574.00 Total 116635:574.00 ORCHARD TRUST-MNDCP-ING 06/17/2021 116636 06172021 101-21705 457 - 06/13/2021 1,770.00 Total 116636:1,770.00 PUBLIC EMPLOYEES RETIREM 06/17/2021 116637 06172021 101-21704 PERA 05/31/21-06/13/21 39,475.82 Total 116637:39,475.82 Mound Volunteer Fire Dept Relief 06/23/2021 116638 062521 101-42110-489 GOLF ENTRY FEE-TEAMBUILDING EVENT Police Department 400.00 Total 116638:400.00 IIMC 06/24/2021 116639 111220 101-41300-433 TRAINING MEMBERSHIPS Administration 170.00 Total 116639:170.00 PAYCHEX 06/28/2021 116640 1421486 710-49970-416 KIOSKS X3 75.00 Total 116640:75.00 ALLSTREAM 06/28/2021 116641 17571029 101-42110-321 PHONE SERVICE 6/23/21-7/22/21 Police Department 323.18 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ALLSTREAM 06/28/2021 116641 17571029 101-41900-321 PHONE SERVICE 6/23/21-7/22/21 Central Services 452.45 ALLSTREAM 06/28/2021 116641 17571029 601-49400-321 PHONE SERVICE 6/23/21-7/22/21 Water 75.41 ALLSTREAM 06/28/2021 116641 17571029 602-49450-321 PHONE SERVICE 6/23/21-7/22/21 Sewer 172.36 ALLSTREAM 06/28/2021 116641 17571029 101-45210-321 PHONE SERVICE 6/23/21-7/22/21 Golf Course 53.86 Total 116641:1,077.26 AMERICAN ENGINEERING TES 06/28/2021 116642 INV-007648 601-16500 21-039 NEW PUBLIC WORKS FACILITY 1,087.50 AMERICAN ENGINEERING TES 06/28/2021 116642 INV-007648 602-16500 21-039 NEW PUBLIC WORKS FACILITY 1,087.50 Total 116642:2,175.00 ASPEN EQUIPMENT 06/28/2021 116643 10229343 701-49800-221 SNOWPLOW UNDERBODY REPAIR 465.04 Total 116643:465.04 Aspen Mills 06/28/2021 116644 275631 101-42110-226 UNIFORMS Police Department 65.10 Total 116644:65.10 Awards by Cindy LLC 06/28/2021 116645 5082 101-41900-221 NAME PLATE DJ & JOEY Central Services 23.00 Total 116645:23.00 BIFFS INC 06/28/2021 116646 W814675 101-45200-415 BEDERWOOD PARK Parks 160.00 BIFFS INC 06/28/2021 116646 W814676 101-45200-415 SUMMIT BEACH Parks 160.00 BIFFS INC 06/28/2021 116646 W814677 101-45200-415 HACKBERRY PARK Parks 170.00 BIFFS INC 06/28/2021 116646 W814678 101-45210-415 ORONO GOLF COURSE Golf Course 85.00 BIFFS INC 06/28/2021 116646 W814679 101-45200-415 CRYSTAL BAY PLAYGROUND Parks 85.00 BIFFS INC 06/28/2021 116646 W814680 101-45200-415 NAVARRE PLAYGROUND Parks 160.00 BIFFS INC 06/28/2021 116646 W814681 101-45200-415 FRENCH CREEK PRESERVE Parks 85.00 BIFFS INC 06/28/2021 116646 W814682 101-45200-415 LURTON PARK Parks 85.00 BIFFS INC 06/28/2021 116646 W814683 101-45200-415 BRUSH SITE Parks 85.00 BIFFS INC 06/28/2021 116646 W814684 101-45200-415 PUBLIC WORKS BUILDING Parks 85.00 Total 116646:1,160.00 Bratt Tree Company 06/28/2021 116647 5410 435-48974-590 TREE REMOVAL KENWOOD WAY EXTENTION 2,600.00 Bratt Tree Company 06/28/2021 116647 5411 101-43000-408 TREE REMOVAL IN ROW Public Works Department 2,000.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116647:4,600.00 CAMPBELL KNUTSON 06/28/2021 116648 0000G-187 101-41600-307 GENERAL MATTERS 05/21 Law/Legal Services 2,900.97 CAMPBELL KNUTSON 06/28/2021 116648 0004G-175 101-42110-307 POLICE MATTERS 05/21 Police Department 429.00 CAMPBELL KNUTSON 06/28/2021 116648 0047G-4 101-43280-307 FOX ISLAND 05-3097 Special Services 72.00 CAMPBELL KNUTSON 06/28/2021 116648 0201G-109 101-41600-307 MISC RECORDINGS 05/21 Law/Legal Services 216.40 CAMPBELL KNUTSON 06/28/2021 116648 0683G-6 101-43280-307 LA20-000050 & LA20-000030 135 ORONO ORCHA Special Services 467.50 CAMPBELL KNUTSON 06/28/2021 116648 0702G-6 101-41600-307 VERIZON LEASE AGREEMENT Law/Legal Services 33.00 CAMPBELL KNUTSON 06/28/2021 116648 0727G-3 101-41600-307 LA21-000017 480 BIG ISLAND Law/Legal Services 82.50 CAMPBELL KNUTSON 06/28/2021 116648 0735G-2 101-43280-307 LA21-000037 ORCHARD CREEK Special Services 391.80 CAMPBELL KNUTSON 06/28/2021 116648 0736G-1 101-43280-307 LA21-000023 3215 CRYSTAL BAY RD Special Services 82.50 CAMPBELL KNUTSON 06/28/2021 116648 0737G-1 101-43280-307 LA21-000024 706 NORTH ARM Special Services 82.50 CAMPBELL KNUTSON 06/28/2021 116648 0738G-1 101-43280-307 LA21-000025 2709 WALTERS PORT Special Services 440.00 CAMPBELL KNUTSON 06/28/2021 116648 0739G-1 101-43280-307 LA21-000026 1395 ORONO LANE Special Services 165.00 CAMPBELL KNUTSON 06/28/2021 116648 0800G-70 101-42400-307 B&Z ASSISTANCE 05/21 Building & Zoning 264.00 CAMPBELL KNUTSON 06/28/2021 116648 0801G-70 101-41600-307 COUNCIL MEETINGS 05/21 Law/Legal Services 808.50 CAMPBELL KNUTSON 06/28/2021 116648 0803G-59 101-41600-308 ORDINANCES Law/Legal Services 1,303.50 Total 116648:7,739.17 CAPITOL BEVERAGE SALES L.P 06/28/2021 116649 2560519 101-45210-091 BEER FOR RESALE Golf Course 407.50 Total 116649:407.50 CARDMEMBER SERVICE 06/28/2021 116650 042621-2 101-45210-201 CLUBHOUSE SUPPLIES Golf Course 30.00 CARDMEMBER SERVICE 06/28/2021 116650 051121-3 101-41110-439 CC MEETING FOOD 5/10/21 Mayor & Council 5.99 CARDMEMBER SERVICE 06/28/2021 116650 051221-2 101-41110-439 CC MEETING FOOD 5/10/21 Mayor & Council 79.57 CARDMEMBER SERVICE 06/28/2021 116650 051421 101-41300-433 MCFOA MEMBERSHIP Administration 46.00 CARDMEMBER SERVICE 06/28/2021 116650 051421-1 101-41300-433 MCFOA MEMBERSHIP - N DICKHAUSEN Administration 46.00 CARDMEMBER SERVICE 06/28/2021 116650 051421-2 101-41300-433 MCFOA MEMBERSHIP - A JOHNSON Administration 46.00 CARDMEMBER SERVICE 06/28/2021 116650 060221-1 101-45200-225 BEDERWOOD SPORT FIELD RIBBON CUTTING I Parks 100.00 CARDMEMBER SERVICE 06/28/2021 116650 060821 101-45210-201 CLUBHOUSE SUPPLIES Golf Course 9.94 CARDMEMBER SERVICE 06/28/2021 116650 060921 614-49840-329 IMAGES FOR CITY COMMUNICATIONS - WEBSIT Cable Franchise 299.00 CARDMEMBER SERVICE 06/28/2021 116650 060921-1 710-49970-416 DROPBOX LINK FOR DOCS -ALL DEPARTMENT 119.88 CARDMEMBER SERVICE 06/28/2021 116650 061521 701-49800-212 NON-OXY FUEL 134.87 CARDMEMBER SERVICE 06/28/2021 116650 061721 101-42110-439 MEETING WITH 5701 - WMFTF AND HWY 12 Police Department 41.48 CARDMEMBER SERVICE 06/28/2021 116650 061821 101-45210-240 COOLER BAGS Golf Course 128.02 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116650:1,086.75 CARGILL SALT 06/28/2021 116651 2906313316 601-49400-216 SALT FOR NAVARRE WATER PLANT Water 5,508.09 Total 116651:5,508.09 CARLSON, ROBERT 06/28/2021 116652 062321 101-22205 ESCROW REFUND SE20-000015 4465 BAYSIDE 1,000.00 Total 116652:1,000.00 CARTEGRAPH 06/28/2021 116653 BD0002596 710-49970-416 2021 LICENSE-ASSET MANAGEMENT SOFTWAR 416.66 Total 116653:416.66 CASEY WEBBER & SYDNEY AN 06/28/2021 116654 062321 101-22205 ESCROW REFUND SE20-18, RAS20-79, RAS20-8 3,000.00 Total 116654:3,000.00 CCP INDUSTRIES INC.06/28/2021 116655 IN02785952 101-43000-226 TRAFFIC VESTS Public Works Department 159.97 Total 116655:159.97 CECE S SIGNS 06/28/2021 116656 8751 101-45200-223 PARK BOUNDARY LABELS Parks 80.00 Total 116656:80.00 Century Link 06/28/2021 116657 060421 601-49400-321 WATER PLANT PHONE/INTERNET 6/4/21-7/3/21 Water 130.54 Total 116657:130.54 CenturyLink 06/28/2021 116658 230566724 614-49840-329 INTERNET 2/08/21-3/07/21 Cable Franchise 1,056.54 Total 116658:1,056.54 CHUNKS LAKESHORE AUTO 06/28/2021 116659 0017218 101-42110-402 #251 SERVICE Police Department 43.30 CHUNKS LAKESHORE AUTO 06/28/2021 116659 0017227 101-42110-402 #253 SERVICE Police Department 45.58 CHUNKS LAKESHORE AUTO 06/28/2021 116659 0017270 101-42110-402 #253 SERVICE Police Department 48.35 CHUNKS LAKESHORE AUTO 06/28/2021 116659 0017280 101-42110-402 #266 SERVICE Police Department 48.35 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116659:185.58 CITY OF BLOOMINGTON 06/28/2021 116660 19277 601-49400-489 BACTERIAL WATER TESTING Water 31.50 Total 116660:31.50 CITYVIEW PLUMBING & HEATIN 06/28/2021 116661 109113377 601-49400-489 REPAIR @ 2482 SANDSTONE LN.Water 279.34 Total 116661:279.34 CONCEPT LANDSCAPING 06/28/2021 116662 7449 101-45200-319 BARGE TO BIG ISLAND - MOWER Parks 962.50 Total 116662:962.50 CONTINENTAL RESEARCH CO 06/28/2021 116663 0026842 101-43000-489 RED SPEC TUBES Public Works Department 338.00 Total 116663:338.00 DELTA DENTAL 06/28/2021 116664 RIS0003549 101-15998 484213 JUNE 2021 DENTAL 100.70 DELTA DENTAL 06/28/2021 116664 RIS0003549 101-21709 484213 JUNE 2021 DENTAL 3,416.03 Total 116664:3,516.73 DITTER INC.06/28/2021 116665 I8737 101-42110-404 BUILDING MAINTENANCE Police Department 143.20 DITTER INC.06/28/2021 116665 I9042 101-42110-404 BUILDING MAINTENANCE Police Department 654.52 Total 116665:797.72 EARL F ANDERSON & ASSOC 06/28/2021 116666 0126565-IN 101-45200-223 SIGNS Parks 125.30 EARL F ANDERSON & ASSOC 06/28/2021 116666 0126652-IN 101-43000-224 STREET DIVIDER FLEX POSTS - E. LONG LAKE Public Works Department 424.43 Total 116666:549.73 ECM PUBLISHERS INC 06/28/2021 116667 839657 101-42400-340 JUNE PH Building & Zoning 32.78 ECM PUBLISHERS INC 06/28/2021 116667 839838 101-45210-340 PW SUPERVISOR AD Golf Course 150.00 ECM PUBLISHERS INC 06/28/2021 116667 839839 602-49450-352 MAINTENANCE WORKER ADVERTISEMENT Sewer 120.00 ECM PUBLISHERS INC 06/28/2021 116667 840916 602-49450-352 ACCOUNTANT ADVERTISEMENT Sewer 290.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116667:592.78 EMBEDDED SYSTEMS INC.06/28/2021 116668 344225 101-42110-403 SIREN MAINTENANCE 07/01/21 TO 12/31/21 Police Department 1,107.00 Total 116668:1,107.00 FASTENAL 06/28/2021 116669 MNPLY1299 602-49450-227 PAINT Sewer 78.26 Total 116669:78.26 FERGUSON WATERWORKS #25 06/28/2021 116670 0475364 601-49400-227 IRRIGATION METER FOR LAKE MTKA WOODS Water 915.75 FERGUSON WATERWORKS #25 06/28/2021 116670 0476191 601-49400-227 HORNS Water 878.50 FERGUSON WATERWORKS #25 06/28/2021 116670 0476323 601-49400-227 PAINT & FLANGE KIT FOR 2190 WAYZATA BLVD Water 195.46 FERGUSON WATERWORKS #25 06/28/2021 116670 0476718 601-49400-227 METER FOR 2190 WAYZATA BLVD Water 757.90 Total 116670:2,747.61 GOPHER ACE 06/28/2021 116671 006866/1 101-45200-223 PARKS KEYS Parks 4.40 GOPHER ACE 06/28/2021 116671 6595/1 101-42110-240 MISC EQUIPMENT Police Department 7.99 GOPHER ACE 06/28/2021 116671 6703/1 101-45200-221 ROPE FOR SOCCER NETS Parks 22.77 GOPHER ACE 06/28/2021 116671 6721/1 101-42110-240 SURGE PROTECTOR Police Department 23.99 GOPHER ACE 06/28/2021 116671 6734/1 101-41900-223 CREDIT Central Services 13.98- GOPHER ACE 06/28/2021 116671 6747/1 701-49800-403 CHAINSAW REPLACEMENT BAR 36.99 Total 116671:82.16 GREAT LAKES COCA-COLA 06/28/2021 116672 3609213841 101-45210-092 BEVERAGES FOR CONCESSIONS Golf Course 276.08 Total 116672:276.08 GROW GREEN HYDROSEEDIN 06/28/2021 116673 061821 999-10016 REFUND - BULK WATER OVERPAYMENT 102.26 Total 116673:102.26 HARTMAN, KEVIN 06/28/2021 116674 062321 101-22205 ESCROW REFUND RPS18-000080 1030 NORTH 9,000.00 Total 116674:9,000.00 HEALTH PARTNERS 06/28/2021 116675 105492949 101-21706 HEALTH INSURANCE 7/2021 55,199.57 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount HEALTH PARTNERS 06/28/2021 116675 105492949 101-15998 COBRA HEALTH INS 7/2021 4,449.54 HEALTH PARTNERS 06/28/2021 116675 105492949 101-42110-135 HEALTH INS 7/2021 - POLICE CONT Police Department 717.47 Total 116675:60,366.58 Henn county Community Correcti 06/28/2021 116676 1000166527 101-41600-309 04/21 JAIL CHARGES ORONO Law/Legal Services 117.00 Total 116676:117.00 HENNEPIN COUNTY INFOR TE 06/28/2021 116677 1000167255 101-42110-414 RADIO LEASE Police Department 2,398.15 Total 116677:2,398.15 HENNEPIN COUNTY SHERIFF 06/28/2021 116678 1000166558 101-41600-309 05/21 JAIL CHARGES Law/Legal Services 333.66 Total 116678:333.66 KLEIN UNDERGROUND LLC 06/28/2021 116679 52705 601-49400-405 WATERMAIN REPAIR @ KELLY AVE & 19 Water 4,673.50 Total 116679:4,673.50 KLINGBERG EXC INC 06/28/2021 116680 062321 101-22205 ESCROW REFUND SE19-000019 387 ORONO OR 1,000.00 KLINGBERG EXC INC 06/28/2021 116680 062321 101-39615 ESCROW REFUND SE19-000019 387 ORONO OR 30.00- Total 116680:970.00 KRAHL'S PLUMBING 06/28/2021 116681 2021-101 101-41900-404 POST OFFICE FAUCET Central Services 250.00 Total 116681:250.00 LANO EQUIPMENT 06/28/2021 116682 03-838524 701-49800-221 MIRROR FOR UNIT 452 95.00 Total 116682:95.00 MANDEL, REED 06/28/2021 116683 062321 101-22205 ESCROW REFUND SE20-000022 2435 COUNTRY 1,000.00 Total 116683:1,000.00 MANSFIELD OIL COMPANY 06/28/2021 116684 22426353 101-42110-212 UNLEADED FUEL Police Department 1,144.18 MANSFIELD OIL COMPANY 06/28/2021 116684 22434288 701-49800-212 DIESEL FUEL 163.32 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MANSFIELD OIL COMPANY 06/28/2021 116684 22434289 101-42110-212 UNLEADED FUEL Police Department 2,367.14 MANSFIELD OIL COMPANY 06/28/2021 116684 22434301 701-49800-212 DIESEL FUEL 762.48 MANSFIELD OIL COMPANY 06/28/2021 116684 22434302 101-42110-212 UNLEADED FUEL Police Department 868.53 Total 116684:5,305.65 Marie Jorland 06/28/2021 116685 011020 101-45210-331 Reimb Mileage Golf Course 34.80 Marie Jorland 06/28/2021 116685 061421 101-45210-221 ICE FOR GOLF COURSE Golf Course 11.34 Marie Jorland 06/28/2021 116685 120719 101-45210-331 Reimb Mileage to buy Supplies Golf Course 32.48 Marie Jorland 06/28/2021 116685 120719 101-45210-201 Reimburse for GC Supplies Golf Course 78.53 Total 116685:157.15 Metro Sales Inc 06/28/2021 116686 INV1834317 710-49970-401 B&Z COPIERS 06/19 - 09/18/21 131.27 Metro Sales Inc 06/28/2021 116686 INV1834318 710-49970-401 COPIERS 06/19 - 09/18/21 1,042.20 Total 116686:1,173.47 MHSRC/Range 06/28/2021 116687 060721 101-42110-437 TRAINING - STENSRUD Police Department 445.00 MHSRC/Range 06/28/2021 116687 629430-8611 101-42110-437 TRAINING Police Department 595.00 Total 116687:1,040.00 MINNEAPOLIS OXYGEN COMPA 06/28/2021 116688 20193957 101-42110-221 MEDICAL OXYGEN Police Department 106.38 Total 116688:106.38 MN DEPT OF COMMERCE 06/28/2021 116689 400481 101-42110-403 SCALE CERTIFICATION Police Department 364.00 Total 116689:364.00 MN LAW ENFORCEMENT EXPL 06/28/2021 116690 5013 101-42110-229 2021 STATE EXPLORERS CONFERENCE Police Department 80.00 Total 116690:80.00 MN NATIVE LANDSCAPE 06/28/2021 116691 29411 101-45210-404 BUCKTHORN CONTROL GOLF COURSE Golf Course 1,495.00 MN NATIVE LANDSCAPE 06/28/2021 116691 29418 101-45200-404 SAGA HILL SPOT SPRAY Parks 700.00 Total 116691:2,195.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Modern Power Solutions LLC 06/28/2021 116692 720 701-49800-403 GENERATOR REPAIR LS 18 - TASK #54094 2,086.00 Total 116692:2,086.00 MOUND TRUE VALUE 06/28/2021 116693 175427 101-42110-240 MISC EQUIPMENT Police Department 8.98 MOUND TRUE VALUE 06/28/2021 116693 175503 101-42110-240 MISC EUIPMENT Police Department 2.79- MOUND TRUE VALUE 06/28/2021 116693 175505 101-42110-240 CORD REEL Police Department 47.99 Total 116693:54.18 MTI DISTRIBUTING INC 06/28/2021 116694 1308090-00 701-49800-212 TEE MOWER REPAIR 93.52 Total 116694:93.52 MUNICIPAL CODE CORPORATI 06/28/2021 116695 00357945 101-41900-352 CODE OF ORDINANCE UPDATES Central Services 1,620.00 Total 116695:1,620.00 NAVARRE HARDWARE 06/28/2021 116696 331444 602-49450-227 POS SUPPLIES Sewer 31.98 NAVARRE HARDWARE 06/28/2021 116696 331479 602-49450-227 LS#5 Sewer 6.49 NAVARRE HARDWARE 06/28/2021 116696 331769 601-49400-240 MISC SUPPLIES Water 19.98 Total 116696:58.45 NCPERS GROUP LIFE INS.06/28/2021 116697 6732000720 101-21710 PERA LIFE 7/2021 304.00 Total 116697:304.00 Newegg Business Inc 06/28/2021 116698 1303338384 710-49970-221 MONITOR STAND 44.99 Newegg Business Inc 06/28/2021 116698 1303345543 710-49970-221 USB - CABLES SQUAD HOT SPOTS 23.76 Total 116698:68.75 O SULLIVANS HOLIDAY 546 06/28/2021 116699 053121 101-42110-402 05/21 CAR WASHES Police Department 66.00 Total 116699:66.00 OFFICE DEPOT 06/28/2021 116700 1737638460 101-41900-201 CONFERENCE ROOM WALL CLOCK Central Services 18.99 OFFICE DEPOT 06/28/2021 116700 1774302890 101-42110-201 OFFICE SUPPLIES Police Department 23.76 OFFICE DEPOT 06/28/2021 116700 1774302890 101-42110-201 PAPER-OFFICE SUPPLIES Police Department 62.49 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OFFICE DEPOT 06/28/2021 116700 1774693930 101-42110-201 OFFICE SUPPLIES Police Department 13.15 OFFICE DEPOT 06/28/2021 116700 1791559660 101-41900-201 STAMP Central Services 27.99 OFFICE DEPOT 06/28/2021 116700 1797412440 101-42110-201 OFFICE SUPPLIES Police Department 45.48 Total 116700:191.86 OTTEN BROTHERS 06/28/2021 116701 1-1661845 601-49400-223 SOD FOR 126 CHEVY CHASE Water 4.55 Total 116701:4.55 PIRTEK 06/28/2021 116702 PL-T0000666 701-49800-403 MOWER HYDRAULIC HOSE REPLACEMENT 87.03 Total 116702:87.03 PLUNKETT S 06/28/2021 116703 7100658 101-41900-404 CITY HALL PEST CONTROL 6/1/21 Central Services 232.54 Total 116703:232.54 PRAIRIE RESTORATIONS INC 06/28/2021 116704 28734 101-45200-404 FRENCH CREEK PARK VEGETATION MGMT Parks 630.00 Total 116704:630.00 QUALITY FLOW SYSTEMS INC 06/28/2021 116705 41093 602-49450-406 LS27 & 14 REPAIRS Sewer 620.00 QUALITY FLOW SYSTEMS INC 06/28/2021 116705 41109 602-49450-406 YEARLY LIFT STATION AND GRINDER STATION Sewer 6,125.00 Total 116705:6,745.00 RANDYS ENVIRONMENTAL SER 06/28/2021 116706 051921 603-49500-442 2021 SPRING CLEAN UP DAY 9,542.40 RANDYS ENVIRONMENTAL SER 06/28/2021 116706 JUNE 2021 101-41900-404 GARBAGE SERVICE - 06/2021 Central Services 501.36 RANDYS ENVIRONMENTAL SER 06/28/2021 116706 JUNE 2021 101-41900-489 GARBAGE SERVICE - 06/2021 Central Services 24.43 RANDYS ENVIRONMENTAL SER 06/28/2021 116706 JUNE 2021 101-45200-404 GARBAGE SERVICE - 06/2021 Parks 643.27 RANDYS ENVIRONMENTAL SER 06/28/2021 116706 JUNE 2021 101-45210-404 GARBAGE SERVICE - 06/2021 Golf Course 124.34 Total 116706:10,835.80 REGENTS OF THE UNIV OF MIN 06/28/2021 116707 0230041134 225-45200-530 19-033 BIG ISLAND PROJECT 1,500.00 Total 116707:1,500.00 RITEWAY BUSINESS FORMS 06/28/2021 116708 21-85182 602-49450-201 UB BILL - PAPER STOCK Sewer 472.92 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116708:472.92 ROSEDAHL, MICHAEL 06/28/2021 116709 061421 999-10015 UB REFUND 1-434220-01 3422 LIVINGSTON AVE 148.36 Total 116709:148.36 RYDEL HOMES INC 06/28/2021 116710 062321 101-22205 ESCROW REFUND RPS18-000080 1030 NORTH 1,000.00 RYDEL HOMES INC 06/28/2021 116710 062321 101-39615 CONVIENENCE FEE 30.00- Total 116710:970.00 SECURITY & SOUND CO 06/28/2021 116711 23954 101-42110-580 HARDWARE FOR BODY WORN CAMERAS Police Department 424.00 Total 116711:424.00 SUMMIT FIRE PROTECTION 06/28/2021 116712 130017917 101-42110-404 FIRE EXTINGUISHER SERVICE Police Department 252.22 Total 116712:252.22 SUN LIFE FINANCIAL 06/28/2021 116713 0721LIFE 101-15998 LIFE INS-COBRA-JULY/2020 269.75 SUN LIFE FINANCIAL 06/28/2021 116713 0721LIFE 101-21710 LIFE INS-JULY/2021 1,168.00 SUN LIFE FINANCIAL 06/28/2021 116713 0721STD 101-21714 STD-JUL/2021 875.00 Total 116713:2,312.75 TEMPLE ISRAEL OF MINNEAPO 06/28/2021 116714 062321 101-22205 ESCROW REFUND Z21-000012 645 TONKAWA R 1,000.00 Total 116714:1,000.00 TESSMAN COMPANY 06/28/2021 116715 S336333-IN 101-45210-223 TRASH CANS GC Golf Course 658.05 TESSMAN COMPANY 06/28/2021 116715 S338500-IN 101-45210-240 HEX PLUGGER GC Golf Course 185.00 Total 116715:843.05 THE GILLESPIE CENTER 06/28/2021 116716 053021 101-41800-490 2021 ANNUAL GRANT Human Services 9,500.00 Total 116716:9,500.00 THE HARTFORD 06/28/2021 116717 0721LTD 101-21713 LTD 07/2021 1,786.21 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116717:1,786.21 THE HOME DEPOT 06/28/2021 116718 5011915 101-41900-223 SOAP REFILL Central Services 22.32 THE HOME DEPOT 06/28/2021 116718 5011915 101-43000-224 ZIP TIES FOR BANNERS Public Works Department 76.30 THE HOME DEPOT 06/28/2021 116718 5011915 701-49800-212 WD 40 11.96 Total 116718:110.58 THOMSON WEST 06/28/2021 116719 844431572 101-42110-311 DATA PROCESSING Police Department 255.00 Total 116719:255.00 TimeSaver Off Site Secretarial Inc 06/28/2021 116720 M26518 101-41300-319 CC MEETING MINUTES 5/24/21 Administration 151.00 Total 116720:151.00 U.S. AutoForce 06/28/2021 116721 6401879 101-42110-402 SQUAD TIRES Police Department 981.76 Total 116721:981.76 UNG, MARGARET 06/28/2021 116722 062421 101-41500-331 MILEAGE 5/07/21-6/24/21 Finance Department 43.12 Total 116722:43.12 UNIFIRST CO 06/28/2021 116723 0900629493 101-41900-223 MATS - CH & CC Central Services 47.38 Total 116723:47.38 VERIZON WIRELESS 06/28/2021 116724 9881330775 101-42110-321 INTERNET 6/7/21-7/6/21 Police Department 1,596.45 VERIZON WIRELESS 06/28/2021 116724 9881330775 101-41900-321 INTERNET 6/7/21-7/6/21 Central Services 208.65 VERIZON WIRELESS 06/28/2021 116724 9881330775 101-42400-321 INTERNET 6/7/21-7/6/21 Building & Zoning 35.01 VERIZON WIRELESS 06/28/2021 116724 9881330775 101-43000-321 INTERNET 6/7/21-7/6/21 Public Works Department 35.01 VERIZON WIRELESS 06/28/2021 116724 9881330775 101-45200-321 INTERNET 6/7/21-7/6/21 Parks 80.03 VERIZON WIRELESS 06/28/2021 116724 9881330775 101-45210-321 INTERNET 6/7/21-7/6/21 Golf Course 115.04 VERIZON WIRELESS 06/28/2021 116724 9881330775 101-43100-321 INTERNET 6/7/21-7/6/21 Brush Site 70.02 VERIZON WIRELESS 06/28/2021 116724 9881330775 601-49400-321 INTERNET 6/7/21-7/6/21 Water 165.83 VERIZON WIRELESS 06/28/2021 116724 9881330775 602-49450-321 INTERNET 6/7/21-7/6/21 Sewer 165.83 VERIZON WIRELESS 06/28/2021 116724 9881330775 101-42110-221 INTERNET 6/7/21-7/6/21 Police Department 29.99 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 6/15/2021 - 6/28/2021 Jun 24, 2021 03:17PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 116724:2,501.86 WAYZATA BAY CAR WASH 06/28/2021 116725 19393 101-42110-402 SQUAD MAINTENANCE Police Department 9.95 Total 116725:9.95 WILLIAMS TOWING 06/28/2021 116726 154943 231-45650-436 FORFEITURE TOW FEES 155.00 Total 116726:155.00 Wright-Hennepin Coop Electric 06/28/2021 116727 3502885976 101-43100-381 BRUSH SITE 5/1-6/1/21 Brush Site 27.65 Wright-Hennepin Coop Electric 06/28/2021 116727 3502885976 101-43000-381 ELECTRICAL SERVICE 05/01-6/01/21 Public Works Department 175.40 Wright-Hennepin Coop Electric 06/28/2021 116727 3502885976 101-45210-381 GC SECURITY 7/1-7/30/21 Golf Course 41.82 Total 116727:244.87 YAMAHA MOTOR CORP.06/28/2021 116728 744346 101-45210-415 GOLF CART RENTAL-18 CARS Golf Course 1,647.00 YAMAHA MOTOR CORP.06/28/2021 116728 744415 101-45210-415 UTILITY CART RENTAL Golf Course 295.00 Total 116728:1,942.00 Grand Totals: 230,096.24 AGENDA ITEM Prepared By: Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to gain council approval to improve select trails at Lurton Park. 2. Background. The first round of trail improvements was completed in 2018. Now that the Lurton Park Fund has been replenished, we are due for round two of the trail improvements. 3. Scope of Work. Installation of approximately 900 ft. of aggregate trails. The green overlay are the trails that have been completed. The areas circled in red are the proposed phase two. 4. Cost. Contractor Cost Witt’s End Landscaping $ 22,850 Blackstone Construction $ 22,250 5. Funding. The project will be funded from the Lurton Park Fund. The fund is now being supported from the revenues for annual dog parks pass fees. 6. Staff Recommendation. Staff recommends acceptance of the proposal/quote from Witt’s End Landscaping to maintain consistency as they did phase one of the trail improvements. COUNCIL ACTION REQUESTED Motion to accept the proposal from Witt’s End Landscaping to install gravel trails at Lurton Park for a fee of $22,850. Item No.: 4 Date: June 28, 2021 Item Description: Lurton Park Trail Improvements Presenter: Joey Brettingen Parks and GC Superintendent Agenda Section: Consent Agenda 1. Purpose. The purpose of this action item is for Council to review the interpretive sign designs, accept a quote from a sign manufacture, accept donation from the Big Island Legacy Group and approve the Grant Agreement with the State for the State Bonding funding. 2. Background. a. Bonding Bill Funding. The State Bonding Bill included $300,000 for Orono’s Big Island Park Project: For a grant to the city of Orono to predesign, design, construct, furnish, and equip improvements at Big Island Park, including a picnic area, trails and trail gates, restrooms, permanent seating, and interpretive panels. To maximize Special Appropriation Funding the following adjustments were included in the budget calculations: an ADA Trail extension to the north, development of and installation of additional interpretive signs and some additional sitting stones. The State Bonding Fund money is administered by DEED via a grant. The State provided a grant agreement for approval. b. Interpretive Signage. The initial project included seven interpretive signs and two informational signs. The interpretive signs were designed by the Park Commission and the informational signs by staff. City staff installed the signs. The Big Island Legacy (BIL) (501C3) and the Parks Commission indicated a desire to have additional interpretive signage. On January 25th 2021, Council approved the interpretive sign concept planning. At the April 26th 2021 meeting the council approved the contractors sign design proposal. The contractor has completed the sign designs. 3. Project Scope of Work. The project scope consists of ADA accessible pathway, picnic shelter, interpretive signage and ADA compliant restroom facilities. a. Interpretive Sign Scope of Work. The scope for the interpretive sign proposal includes the design of 11 interpretive signs. 4. Cost. Total project costs based on previously approved items and the proposed sign costs below is $709,914. a. Sign Costs. Jim Roe Museum Planning has proposed a fee of $20,900. A cost estimate for sign manufacture has also been provided. Project Activity Estimated cost Remarks a. Interpretive sign concept plan $ 10,000 Complete b. Interpretive sign design $ 20,900 Complete c. Sign, frame and post procurement $ 7,934.40 Quote from iZone Imaging d. Sign Installation City Labor TOTAL $38,834.40 5. Funding. Overall funding for the project comes from a combination of City Park Dedication funds, Item No.: 5 Date: June 28, 2021 Item Description: Big Island Park ADA Trail Project (19-033) – Interpretive Signage & State Grant Agreement Presenter: Adam T. Edwards City Administrator /City Engineer Agenda Section: Consent Agenda Prepared By: Reviewed By: A.Carlson Approved By: Donations, a DNR Grant and State Bonding Funds. Current funding amounts to $714,412. a. Sign Funding. Funding for the sign manufacture will come from donation and DNR Grant funding. Project Item Funding Source Amount Remarks Interpretive Sign Concept Plan State Bond Funds $10,000.00 Approved and Committed Interpretive Sign Design State Bond Funds $ 20,900.00 Sign, frame and post procurement Donations / DNR Grant match $7934.40 Donation received to meet DNR match for this item TOTAL $38,834.40 b. Donations. The Big Island Legacy (BIL), a 501C3, has initiated a funding drive to provide amenities to the ongoing Big Island Project. The most recent donations amount to $6,000. 6. Project Timeline. When What June –August Project construction- trail extension, shelter, toilets. June-August Sign Procurement August-September Sign Installation 7. Staff Recommendation. I recommend acceptance of the proposal at exhibit B in order to continue the interpretive sign design process. COUNCIL ACTION REQUESTED Motion to: a. Approve the signs designed by Jim Roe Museum Planning at Exhibit A. b. Accept proposal/quote from iZone imaging for the manufacture of the signs, posts and frames. c. Approve Grant Agreement with State of Minnesota for State Bonding Funds at Exhibit B. d. Accept donation from Big Island Legacy in the amount of $6,000. Exhibits A. Interpretive Signs B. State Bond Fund Grant Agreement WELCOME TO Big Island Nature Park This island holds many stories— some going back centuries, others from recent memory. Today you’ll see a landscape partly reclaimed by the woodlands that once flourished here. You’ll also see remnants of century-old walkways and building foundations. These mysterious artifacts open a window to the history of the island. Starting here, on the landing and stairs in front of you, imagine crowds of steamboat passengers stepping off the wharf into a wonderland of amusements and scenic beauty. On warm summer weekends, Big Island Park (1906–1911) could attract up to 15,000 visitors a day. The park featured live music, picnics on the grass, carnival rides, and evening walks on lighted trails. Big Island Veterans Camp (1921–2003) offered Minnesota veterans a welcoming and affordable place to vacation with their families. In its heyday in the 1950s and ‘60s, the camp served up to 250 families a season. He n n e p i n H i s t o r y M u s e u m Westonka Historical Society In early spring, while there was still ice on the lake, Dakota from nearby villages camped on this island they called Wíta Táŋka to collect maple sap for making sugar. In d i a n S u g a r C a m p , S e t h E a s t m a n , 1 8 4 9 – 1 8 5 5 , L i b r a r y o f C o n g r e s s Big Island Nature Park, opened in 2008, features 56 acres of hardwood forests, wetlands, grasslands, and some of the longest stretches of undeveloped shoreline on Lake Minnetonka. Fl i c k r / C h u c k K i n g Getting Here Was Half the Fun Unless it’s winter, chances are you arrived here on a boat, just as visitors have for more than a century. Standing here in 1906 you would look out over a recently built wharf to see steamboats filled with passengers ready for a day of picnics and amusements. We s t o n k a H i s t o r i c a l S o c i e t y A vacation at Big Island Veterans Camp (1921–2003) began when the camp launch pulled up to the Excelsior docks ready to take on people and supplies. The camp operated several boats over the years, including the two launches pictured here in the late 1930s. Ex c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y The Minneapolis was one of three steamers built to ferry passengers between the Excelsior docks and Big Island. The summer after the park closed, she was burned and scuttled in a spectacle watched by thousands. What remains of the ferry lies just south of the island in 70 feet of water. “As the flames started to eat their way in all parts of the “Minneapolis,” some person in a nearby motor craft sounded “taps” with a bugle. . . . For an hour and five minutes the boat blazed and then, burned to the water line, it settled and sank beneath the waters with a sound that resembled a half audible sigh, leaving only a few smoldering timbers floating on the surface.” Minneapolis Morning Tribune, August 9, 1912 Westonka Historical Society Steam whistles announced the departure of boats leaving the Excelsior docks heading for Big Island. Twin Cities Rapid Transit Company developed Big Island Park (1906–1911) in hopes of increasing ridership on its streetcars, particularly on summer weekends. It was the last leg of the journey—across the water on a steamboat—that set this experience apart from most other weekend getaways. Ex c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y The story of this place extends deep into the past. Long before Europeans and Americans found their way here, Indigenous people revered this lake and the surrounding woods and prairies. It’s where relatives were buried, and it’s a place that has sustained life since time immemorial. The City of Orono acknowledges the relationship between this land and the Dakota people, today and through time. Detail from Map of the Territory of Minnesota, 1849, Minnesota Historical Society This map of what is now east-central Minnesota was published in 1849, when this lake was largely unknown to American settlers. It documents many of the Dakota names by which the people and places of this region were known. THIS IS Dakota Homeland No Ordinary Water Tower Imagine this 15-story tower standing on the hill in front of you—its ornamented spire rising high above the trees, hard to miss, even from miles away. Copied from a centuries-old Spanish bell tower, this electrified beacon not only astounded visitors with its great height and exotic appearance, it also held the island’s water supply. Ex c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y Br o c h u r e d e t a i l , E x c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y LAKE MINNETONKA LANDING STAIRS BIG ISLAND N S EW YOU AREHERE ROLLERCOASTER AMUSEMENTSBUILDINGS MUSICCASINO WATERTOWER BATHROOM BATHROOM PICNICKITCHEN PICNICKITCHEN DOCKS BOATHOUSE ICE HOUSE MEN’SDORMITORY WOMEN’SDORMITORY DANCEPAVILION MYSTICCHUTE The tower’s ornate exterior concealed a large water tank that delivered running water to bathrooms and kitchens across the island. The well beneath the tower provided water to the island for nearly a century after the structure was demolished. This 1908 brochure promised visitors an unforgettable spectacle of lights and activity. Promoters described an “Electric Tower” that could light the entire expanse of water between here and the Excelsior docks, two miles away. We s t o n k a H i s t o r i c a l S o c i e t y Early visitors to the park saw the tower’s thin steel frame before it was clad in stucco—its solid appearance only an illusion. The tower stood until 1918, when it was toppled by crews salvaging steel for use in World War I. Big Island Park 1906–1911 Big Island Veterans Camp 1921–2003 LAKE MINNETONKA LANDING STAIRS BIG ISLAND N S EW YOU AREHERE CABINS CABINS SWIMMINGBEACH CABINS BOATHOUSE DOCKS BERGHALL DININGHALL Where Campers Gathered for Food and Fun Standing on this spot in the 1950s you would have seen the daily rhythm of activity around the mess hall. This is where meals were dished up three times a day, and campers gathered in the evening, making it the social center of the camp. Pictured here in the 1950s, the mess hall sat on the same hill as the Big Island Park water tower. Its wide open interior could seat more than 100 campers. This building replaced an earlier hall, which burned in 1924. This one also burned, intentionally in 2006, several years after the camp closed. Da r e l a n d L a V e r n a L e i p o l d A young camper joins the lunch line with longtime camp employee, George Mexes, in 1966. The camp was originally established to serve injured former servicemen, mainly from World War I. Eventually, it became a family destination open to all Minnesota veterans. “The food is served cafeteria style in the mess hall three times a day. A big ship’s bell calls the guests at mealtime. Since this is a Veterans Camp, breakfast is served at the unholy hour of 7:30 in the MORNING. So we always miss that meal of course. . . . In the evenings after swimming and supper, we sit around the lodge and either play cards, sit and talk with some of the interesting people staying there, or read one of the hundreds of books available.” Ursula Kozak , camper, September, 1965 Su s a n D . L i s e l l Big Island Park 1906–1911 Big Island Veterans Camp 1921–2003 YOU AREHERE LAKE MINNETONKA LANDING STAIRS BIG ISLAND NS E W ROLLERCOASTERAMUSEMENTSBUILDINGS MUSICCASINO WATERTOWER BATHROOM BATHROOM PICNICKITCHEN PICNICKITCHENDOCKS BOATHOUSE ICE HOUSE MEN’SDORMITORY WOMEN’SDORMITORY DANCEPAVILION MYSTICCHUTE Summer Jobs on the Island Looking across this grassy field, you would have seen the men’s dormitory for summer workers tucked into the distant trees. The women’s dormitory was located on the other end of the island—with plenty of distance in between. It’s not known how many people worked at Big Island Park, but given the number of attractions and size of the crowds, it was a multitude. The men’s dormitory, pictured here in 1955, was located in one of the working areas of the park, which included the ice house, ice cream factory, horse barn, and the staff kitchen and dining hall. When the Veterans Camp opened in 1921, the building served as a bunkhouse for single men. This was one of the last remaining buildings from Big Island Park, not demolished until the late 1980s. Da r e l a n d L a V e r n a L e i p o l d A group poses with gamekeeper Dan Schmid (standing) at the office and living quarters for the Big Island Game Farm. The building is believed to be the former staff kitchen and dining hall at Big Island Park, one of several structures given new uses after the park closed. Off in the distance to the right you can see the back of the men’s dormitory. Ex c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y The Big Island Game Farm Rows of bird coops once filled the open area in front of you. From 1915 to 1919, Big Island was home to the state’s first game farm, where birds were hatched and reared before their release into the wild. The farm’s biggest claim to fame was its successful introduction of ring- necked pheasants—an import from China—to the upper Midwest. William Beebe, A Monograph of Pheasants, 1922 Big Island Park 1906–1911 Big Island Veterans Camp 1921–2003 A Day’s Worth of Rides and Attractions Standing here on a weekend afternoon would have given you a behind- the-scenes glimpse of the Mystic Chute, one of the many popular attractions at Big Island Park. Excited screams and the rattling of the roller coaster next door would have filled the air. Other attractions included an aviary of exotic birds, an aquarium, and a carousel. Ex c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y Ma r i t i m e H e r i t a g e M i n n e s o t a Ex c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y LAKE MINNETONKA LANDING STAIRS BIG ISLAND N S EW YOU AREHERE ROLLERCOASTER AMUSEMENTSBUILDINGS MUSICCASINO WATERTOWER BATHROOM BATHROOM PICNICKITCHEN PICNICKITCHEN DOCKS BOATHOUSE ICE HOUSE MEN’SDORMITORY WOMEN’SDORMITORY DANCEPAVILION MYSTICCHUTE A ride on the Mystic Chute began inside the Amusement Building. Visitors boarded small boats that were pulled through dark tunnels featuring “enchanted” scenes, much like Ye Old Mill at the Minnesota State Fair. At the end of the ride, cars ramped up into the daylight, then slid down into a pool, coming to rest back indoors. This pair of photos was taken in 1912 by a family exploring the recently abandoned park. They show the roofs of the Mystic Chute channels (left) and the figure-eight roller coaster, (right). The contours of the Mystic Chute waterways—usually hidden by trees— can still be seen today on the ground. This image was made using airborne laser equipment similar to radar. Big Island Park 1906–1911 Big Island Veterans Camp 1921–2003 Roughing It on Lake Minnetonka Between here and the edge of the bluff stood a row of nine cabins, named A through I. It was a good long hike from here to the mess hall and boat docks, but this site afforded outstanding views of the lake and was close to the swimming beach. YOU AREHERE LAKE MINNETONKA LANDING STAIRS BIG ISLAND N S E W CABINS CABINS SWIMMINGBEACH CABINS BOATHOUSE DOCKS BERGHALL DININGHALL A step up from tent camping, the cabins pictured here in 1955 were simply places to sleep out of the rain and away from the mosquitos. Campers were required to bring their own sheets and towels—and keep the “comfort stations” (bathroom buildings) clean at all times. “I will remember the day I got back out to Big Island about five years ago. . . . I had a wonderful day walking all the paths I had run along when I was 6, 7, & 8, and sat at the swimming beach by the cliff that had the little white cottages we stayed in. . . . I loved going into areas of that magnificent Big Island Lodge I had not been allowed to see as a youngster. I lay back on one of the benches and looked up at the vaulted ceiling—and fell asleep for a while.” Dick Fiske, 1992, reminiscing about the Veterans Camp in the 1930s We s t o n k a H i s t o r i c a l S o c i e t y From this end of the island, campers could watch the activity around the boathouse and docks just across the bay, seeing summer friends on their way home or new arrivals just starting their vacations. Da r e l a n d L a V e r n a L e i p o l d Big Island Park 1906–1911 Big Island Veterans Camp 1921–2003 Big Island Park’s Main Attraction Standing here among the crowds on a summer evening in 1907 you could hear some of the most popular tunes of the day. Big Island Park hired big name bands and advertised them widely in Twin Cities newspapers. All of this entertainment was yours for the price of a streetcar ticket to the island. Minnesota Historical Society LAKE MINNETONKA LANDING STAIRS BIG ISLAND N S EW YOU AREHERE ROLLERCOASTER AMUSEMENTSBUILDINGS MUSICCASINO WATERTOWER BATHROOM BATHROOM PICNICKITCHEN PICNICKITCHEN DOCKS BOATHOUSE ICE HOUSE MEN’SDORMITORY WOMEN’SDORMITORY DANCEPAVILION MYSTICCHUTE Ex c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y This postcard view from about 1907 features the main walkway from the wharf up to the casino. The path walked by visitors more than a century ago, through the white-columned pergola, is the same path you’re walking today. It was called the Music Casino, but no games of chance were played here. This 1,500 seat performance hall, with its high-domed ceiling, was designed for big bands and orchestras. Visitors could come and go through the open archways or sit among the trees and listen. After the park closed, the casino’s ruins continued to attract curious visitors until the site was finally cleared in about 1960. Big Island Park 1906–1911 Big Island Veterans Camp 1921–2003 “A Spend-the-Day Picnic Resort” From here you would have seen one of the park’s picnic kitchens surrounded by tree-shaded lawns for spreading out a blanket and eating a sandwich. Today, the hill on the left is almost completely obscured by trees. Ex c e l s i o r - L a k e M i n n e t o n k a H i s t o r i c a l S o c i e t y LAKE MINNETONKA LANDING STAIRS BIG ISLAND N S EW YOU AREHERE ROLLERCOASTER AMUSEMENTSBUILDINGS MUSICCASINO WATERTOWER BATHROOM BATHROOM PICNICKITCHEN PICNICKITCHEN DOCKS BOATHOUSE ICE HOUSE MEN’SDORMITORY WOMEN’SDORMITORY DANCEPAVILION MYSTICCHUTE Well-outfitted kitchens made the chore of laying out a picnic much easier. Free of charge, the kitchens provided stoves for cooking, running water for washing up, and ice for keeping food cool. This kitchen slowly fell into ruins and was demolished in the late 1950s. A fish-cleaning shack was built on its foundation. If you looked directly behind you, you would have seen one end of the roller coaster, pictured here in about 1907. It was one of the most prominent structures in the park, visible from all over the island. Groups like this one, photographed in 1906, were the target audience for Big Island Park. By creating a picnic destination, the streetcar company operating the park wanted Twin Cities residents to buy tickets and then spend a little more once they got here. Unfortunately, not enough picnickers came to keep it open for more than a few years. Mi n n e s o t a H i s t o r i c a l S o c i e t y Ed w a r d A . B r o m l e y , p h o t o g r a p h e r , H e n n e p i n C o u n t y L i b r a r y Big Island Park 1906–1911 Big Island Veterans Camp 1921–2003 Ex c e l s i o r - M i n n e t o n k a H i s t o r i c a l S o c i e t y Throughout Big Island Nature Park you’ll see remnants of the maple and basswood forest that once covered these hills. Many of these trees are more than 140 years old. Among the island’s mature, craggy trees are seedlings and saplings gradually filling in the woods where lawns once grew. The Trees of Big Island LAKE MINNETONKA LANDING STAIRS BIG ISLAND N S E W YOU AREHERE ROLLERCOASTER AMUSEMENTSBUILDINGS MUSICCASINO WATERTOWER BATHROOM BATHROOM PICNICKITCHEN PICNICKITCHEN DOCKS BOATHOUSE ICE HOUSEMEN’SDORMITORY WOMEN’SDORMITORY DANCEPAVILION MYSTICCHUTE For generations, Dakota people gathered among the island’s old-growth sugar maples to tap trees and boil sap for sugar. Their spring visits to the island were marked by the change from ice to open water. This 1840s image is likely a scene from what is now Nicollet Island in Minneapolis. More than 1,000 tons of cord wood were cut from the future site of the Big Island Park, clearing the hardwood forest into a “sylvan dale,” with perfectly spaced trees and rolling lawns in between. Big Island Park 1906–1911 Big Island Veterans Camp 1921–2003 1921 Big Island Veterans Camp opens2021 1906 Big Island Park opens2008 Big Island Nature Park opens Se t h E a s t m a n , In d i a n S u g a r C a m p , L i b r a r y o f C o n g r e s s This tree core (actual size) was taken from a sugar maple here in the park. Each ring marks a year in the life of a tree that started growing in the 1870s. This community of sugar maples provides a living thread back through history and into the future. Coring study provided by the University of Minnesota, Department of Forest Resources. Generic GO Bond Proceeds Ver – 10/26/20 Grant Agreement for Construction Grants General Obligation Bond Proceeds Grant Agreement - Construction Grant for the Orono Big Island Park Project SPAP-20-0021-P-FY21 Generic GO Bond Proceeds Ver – 10/26/20 Grant Agreement for Construction Grants i TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess Funds. Article III – USE CONTRACTS Section 3.01 – General Provisions Section 3.02 – Initial Term and Renewal Section 3.03 – Reimbursement of Counterparty Section 3.04 – Receipt of Monies Under a Use Contract Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01 – The Advances Section 6.02 – Draw Requisitions Section 6.03 – Additional Funds Section 6.04 – Conditions Precedent to Any Advance Section 6.05 – Construction Inspections Generic GO Bond Proceeds Ver – 10/26/20 Grant Agreement for Construction Grants ii Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by State Entity Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Project Completion Schedule Section 7.26 – Third-Party Beneficiary Section 7.27 – Public Entity Tasks Section 7.28 – State Entity and Commissioner Required Acts and Approvals. Section 7.29 – Applicability to Real Property and Facility Section 7.30 – E-Verification Section 7.31 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – PROJECT COMPLETION SCHEDULE Generic GO Bond Proceeds 3 Ver – 10/26/2020 Grant Agreement for Construction Grants General Obligation Bond Proceeds Grant Agreement - Construction Grant for the Big Island Park Project THIS AGREEMENT shall be effective as of October 22, 2020, and is between the city of Orono, a statutory city (the “Public Entity”), and the Minnesota Department of Employment and Economic Development (DEED) (the “State Entity”). RECITALS A. Under the provisions contained in Minnesota Statute§ 412.221 subd. 6, the Public Entity has been given the authority to predesign, design, construct, furnish, and equip improvements at Big Island Park, including a picnic area, trails and trail gates, restrooms, permanent seating, and interpretive panels; and B. Under the provisions contained in the Laws of Minnesota, 2020, 5th Special Session, Chapter 3, Article 1, Section 21, Subdivision 30, (the “G.O. Bonding Legislation”) the State of Minnesota has allocated $300,000 (the “G.O. Grant”), which is to be given to the Public Entity as a grant to predesign, design, construct, furnish, and equip improvements at Big Island Park, including a picnic area, trails and trail gates, restrooms, permanent seating, and interpretive panels; and C. Under the provisions contained in Minnesota Statute§ 471.15-471.16 the Public Entity has been given the authority to predesign, design, construct, furnish, and equip improvements at Big Island Park, including a picnic area, trails and trail gates, restrooms, permanent seating, and interpretive panels; (the “Governmental Program”) and D. The monies allocated to fund the grant to the Public Entity are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution; and E. The Public Entity’s receipt and use of the G.O. Grant to acquire an ownership interest in and/or improve real property (the “Real Property”) and, if applicable, structures situated thereon (the “Facility”) will cause the Public Entity’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended (the “Commissioner’s Order”), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. F. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Public Entity, and the operation of the Real Property and, if applicable, Facility. Generic GO Bond Proceeds 4 Ver – 10/26/2020 Grant Agreement for Construction Grants IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Advance(s)” – means an advance made or to be made by the State Entity to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means this General Obligation Bond Proceeds Grant Agreement - Construction Grant for the Big Island Park Project, as such exists on its original date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. “Architect”, if any - means N/A , which will administer the Construction Contract Documents on behalf of the Public Entity. “Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. “Commissioner’s Order” - means that certain “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended. “Completion Date” – means December 31, 2023 the date of projected completion of the Project. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. Generic GO Bond Proceeds 5 Ver – 10/26/2020 Grant Agreement for Construction Grants “Construction Contract Documents” - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” – means the work to be performed under the Construction Contract Documents. “Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to the State Entity when an Advance is requested, as referred to in Section 6.02. “Event of Default” - means one or more of those events delineated in Section 2.07. “Facility”, if applicable, - means park improvements, which are located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the G.O. Grant. “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. “G.O. Bonding Legislation” – means the legislation delineated in Recital B hereinabove as the G.O. Bonding Legislation. Generic GO Bond Proceeds 6 Ver – 10/26/2020 Grant Agreement for Construction Grants “G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the G.O. Grant and any bonds issued to refund or replace such bonds. “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695 as such may subsequently be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. “G.O. Grant” - means a grant of monies from the State Entity to the Public Entity in the amount identified as the “G.O. Grant” in Recital B to this Agreement, as the amount thereof may be modified under the provisions contained herein. “Governmental Program” – means the operation of the Real Property and, if applicable, Facility for the purpose specified and identified in Recital C of this Agreement as the Governmental Program. “Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. “Inspecting Engineer”, if any - means the State Entity's construction inspector, or its designated consulting engineer. “Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Generic GO Bond Proceeds 7 Ver – 10/26/2020 Grant Agreement for Construction Grants “Outstanding Balance of the G.O. Grant” – means the portion of the G.O. Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB. “Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $300,000 or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). “Project” - means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Public Entity is not using any portion of the G.O. Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) “Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. “Real Property” - means the real property located in the County of Hennepin, State of Minnesota, legally described in Attachment II to this Agreement. “Real Property/Facility Lease” - means a long-term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “State Entity” - means the entity identified as the “State Entity” in the lead-in paragraph of this Agreement. “Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Generic GO Bond Proceeds 8 Ver – 10/26/2020 Grant Agreement for Construction Grants Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property and/or, if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.X, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the G.O. Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The G.O. Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the G.O. Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. X Fee simple ownership of the Real Property. Generic GO Bond Proceeds 9 Ver – 10/26/2020 Grant Agreement for Construction Grants A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ______________.) Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the G.O. Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the G.O. Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Acquisition of a leasehold interest in the Real Property. Acquisition of an easement for the Real Property. Improvement of the Real Property. Acquisition of fee simple title to the Facility. Acquisition of a leasehold interest in the Facility. x Construction of the Facility. Generic GO Bond Proceeds 10 Ver – 10/26/2020 Grant Agreement for Construction Grants Renovation of the Facility. . (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used for the operation of the Governmental Program or for such other use as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or Generic GO Bond Proceeds 11 Ver – 10/26/2020 Grant Agreement for Construction Grants greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the G.O. Grant for the purpose or purposes described in Recital B of this Agreement. C. It has legal authority to operate the Governmental Program. D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the G.O. Bonding Legislation. G. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. Generic GO Bond Proceeds 12 Ver – 10/26/2020 Grant Agreement for Construction Grants I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the State Entity and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay Generic GO Bond Proceeds 13 Ver – 10/26/2020 Grant Agreement for Construction Grants for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the G.O. Grant to complete and fully pay for the Project. U. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and all such items along with, if applicable, the Facility will be situated entirely on the Real Property. V. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. W. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. X. The Useful Life of the Real Property and, if applicable, Facility is 50 years. Y. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or Generic GO Bond Proceeds 14 Ver – 10/26/2020 Grant Agreement for Construction Grants prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor Generic GO Bond Proceeds 15 Ver – 10/26/2020 Grant Agreement for Construction Grants lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12. The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the G.O. Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any Draw Requisition, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the G.O. Grant, shall prove Generic GO Bond Proceeds 16 Ver – 10/26/2020 Grant Agreement for Construction Grants to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the G.O. Bonding Legislation. D. If the Public Entity fails to complete the Project, or cause the Project to be completed, by the Completion Date. E. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. F. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.W. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the G.O. Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions of Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the G.O. Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions of Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. Generic GO Bond Proceeds 17 Ver – 10/26/2020 Grant Agreement for Construction Grants D. Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the Governmental Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the Project is not started on or before the date that is 5 years from the effective date of this Agreement or all of the G.O. Grant has not been disbursed as of the date that is 4 years from the date on which the Project is started, or such later dates to which the Public Entity and the State Entity may agree in writing, then the State Entity’s obligation to fund the G.O. Grant shall terminate. In such event, (i) if none of the G.O. Grant has been disbursed by such dates then the State Entity’s obligation to fund any portion of the G.O. Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the G.O. Grant has been disbursed by such dates then the State Entity shall have no further obligation to provide any additional funding for the G.O. Grant and this Agreement Generic GO Bond Proceeds 18 Ver – 10/26/2020 Grant Agreement for Construction Grants shall remain in full force and effect but shall be modified and amended to reflect the amount of the G.O. Grant that was actually disbursed as of such date. This provision shall not, in any way, affect the Public Entity’s obligation to complete the Project by the Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed. Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and its contents are not needed and should be ignored and treated as if it were left blank, and any reference to this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated as if the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which it was entered into must be to operate the Governmental Program in the Real Property and, if applicable, Facility. B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that it is being entered into in order for the Counterparty to operate the Governmental Program and must describe such program. D. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to Generic GO Bond Proceeds 19 Ver – 10/26/2020 Grant Agreement for Construction Grants provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the Governmental Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the Governmental Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the Governmental Program. E. It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the Governmental Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the Governmental Program. G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in “private business use” under Section 141(b) of the Code. I. It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect. J. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Generic GO Bond Proceeds 20 Ver – 10/26/2020 Grant Agreement for Construction Grants Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the G.O. Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M. It must contain a provision that clearly states that the Public Entity is not required to renew the Use Contract beyond the original term thereof and that the Public Entity may, at its sole option and discretion, allow the Use Contract to expire at the end of its original term and thereafter directly operate the governmental program in the Real Property and, if applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and, if applicable, Facility. Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the Governmental Program and that the Counterparty is suited and able to perform the functions contained in Use Contract that is to be renewed, (c) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity’s voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if Generic GO Bond Proceeds 21 Ver – 10/26/2020 Grant Agreement for Construction Grants the Public Entity does not renew a Use Contract if requested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity does receive any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the G.O. Grant and the denominator of which is sum of the G.O. Grant and the Approved Debt. Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the Governmental Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the Generic GO Bond Proceeds 22 Ver – 10/26/2020 Grant Agreement for Construction Grants purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the Governmental Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the G.O. Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the G.O. Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. Generic GO Bond Proceeds 23 Ver – 10/26/2020 Grant Agreement for Construction Grants All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the G.O. Grant. Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the G.O. Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B. It will deposit into and hold all of the G.O. Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, as amended by Rev. Proc 2016-44 and Rev. Proc. 2017-13, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, Generic GO Bond Proceeds 24 Ver – 10/26/2020 Grant Agreement for Construction Grants in an “unrelated trade or business” or for any “private business use” (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the G.O. Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the G.O. Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the G.O. Grant. If the amount of G.O. Grant that the State Entity cumulatively disburses hereunder to the Public Entity is less than the amount of the G.O. Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the G.O. Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity’s obligation to make Advances shall terminate as of the dates specified in such Section even if the entire G.O. Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the G.O. Bonding Legislation, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 7.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 7.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Generic GO Bond Proceeds 25 Ver – 10/26/2020 Grant Agreement for Construction Grants Formula #1 Cumulative Advances < (G.O. Grant) × (percentage of matching funds, if any, required under Section 7.23 that have been disbursed) Formula #2 Cumulative Advances < (G.O. Grant) × (percentage of Project completed) Section 6.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the G.O. Grant, which shall be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition shall be submitted on or between the 1st day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by the State Entity unless the Public Entity shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Real Property and, if applicable, Facility and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Public Entity shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Public Entity. Generic GO Bond Proceeds 26 Ver – 10/26/2020 Grant Agreement for Construction Grants Section 6.03 Additional Funds. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the G.O. Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the State Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Section 6.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the G.O. Grant delineated in Section 1.01. B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, Generic GO Bond Proceeds 27 Ver – 10/26/2020 Grant Agreement for Construction Grants have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. Generic GO Bond Proceeds 28 Ver – 10/26/2020 Grant Agreement for Construction Grants O. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the State Entity and the Public Entity dual obligees thereunder, or such other evidence as may be acceptable to the Public Entity and the State Entity. P. No determination shall have been made by the State Entity that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 6.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the State Entity that sufficient funds are available. Q. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Section 6.05 Construction Inspections. The Public Entity and the Architect, if any, shall be responsible for making their own inspections and observations of the Construction Items, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. If any work done or materials supplied by a Contractor are not satisfactory to the Public Entity or the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Public Entity shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer, if any, may conduct such inspections of the Construction Items as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer, if any, are made and all certificates issued by the Insp ecting Engineer, if any, will be issued solely for the benefit and protection of the State Entity, and the Public Entity will not rely thereon. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages which are covered by such Generic GO Bond Proceeds 29 Ver – 10/26/2020 Grant Agreement for Construction Grants required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. Generic GO Bond Proceeds 30 Ver – 10/26/2020 Grant Agreement for Construction Grants Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. Generic GO Bond Proceeds 31 Ver – 10/26/2020 Grant Agreement for Construction Grants The Public Entity shall not, without the written consent of the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the Governmental Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the G.O. Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the G.O. Bonding Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Generic GO Bond Proceeds 32 Ver – 10/26/2020 Grant Agreement for Construction Grants Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity agrees to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial Generic GO Bond Proceeds 33 Ver – 10/26/2020 Grant Agreement for Construction Grants changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Public Entity must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. E. The program plan and cost estimates referred to in Section 7.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the G.O. Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.10.B and the program plan and cost estimates referred to in Section 7.10.C must include provisions for cost-effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. H. The Project must be: (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Generic GO Bond Proceeds 34 Ver – 10/26/2020 Grant Agreement for Construction Grants Provided, however, the provisions and requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the Governmental Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the Governmental Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence Generic GO Bond Proceeds 35 Ver – 10/26/2020 Grant Agreement for Construction Grants or breach of statutory duty) of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: Generic GO Bond Proceeds 36 Ver – 10/26/2020 Grant Agreement for Construction Grants City of Orono 2750 Kelley Parkway Orono, MN 55356 Attention: City Engineer/Director of Public Works To the State Entity at: The Minnesota Department of Employment and Economic Development First National Bank Building, 332 Minnesota Street, Suite E200 St. Paul, MN 55101 Attention: Patrick H. Armon, or his successor To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Generic GO Bond Proceeds 37 Ver – 10/26/2020 Grant Agreement for Construction Grants Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: (If there are no matching funds requirements then insert the word “NONE”.) NONE Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB. Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. Generic GO Bond Proceeds 38 Ver – 10/26/2020 Grant Agreement for Construction Grants B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the G.O. Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the G.O. Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the G.O. Bonding Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Project Completion Schedule. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 7.26 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Generic GO Bond Proceeds 39 Ver – 10/26/2020 Grant Agreement for Construction Grants Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.27 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.28 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.29 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section 7.30 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.31 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. (If there are no additional requirements then insert the word “NONE” The grantee shall satisfactorily complete and submit all reports as required by the State Entity to the State Entity. [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] Generic GO Bond Proceeds 40 Ver – 10/26/2020 Grant Agreement for Construction Grants IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the Big Island Park Project on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: The City of Orono, a statutory city By: Its: City Engineer/Public Works Director Dated: __________________, _____ And: Its: Finance Director Dated: __________________, _____ STATE ENTITY: Minnesota Department of Employment and Economic Development, By: Its: Deputy Commissioner Dated: __________________, _____ STATE ENTITY: Minnesota Department of Employment and Economic Development-Encumbrance Verification By: Its: MA 2 Dated: __________________, _____ 6/8/21 Generic GO Bond Proceeds 41 Ver – 10/26/2020 Grant Agreement for Construction Grants Attachment I to Grant Agreement DECLARATION Generic GO Bond Proceeds 42 Ver – 10/26/2020 Grant Agreement for Construction Grants Generic GO Bond Proceeds 43 Ver – 10/26/2020 Grant Agreement for Construction Grants Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY Generic GO Bond Proceeds 44 Ver – 10/26/2020 Grant Agreement for Construction Grants Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition G.O. Grant $300,000 and Other Items Paid for with G.O. Grant Funds Other State Funds Purchase of Ownership $__________ ____________ $__________ Interest ____________ $__________ Other Items of a Capital ____________ $__________ Nature Subtotal $300,000 ADA Trails and Gates $62,532 Permanent Seating $5,955 Restrooms $140,300 Shelter and Picnic Area $71,213 Matching Funds Interpretive Signs (Panels) $20,000 ____________ $__________ Subtotal $300,000 ____________ $__________ Subtotal $__________ Items Paid for with Non- G.O. Grant Funds Other Public Entity Funds ADA Trails and Gates $161,978 Orono, City of $402,492 Permanent Seating $9,945 Restrooms $73,500 Shelter and Picnic Area $37,977 Interpretive Signs (Panels) $4,820 Subtotal____________ $402,492 Archeology $26,272 Predesign and Design $44,900 Construction Management $43,100 Subtotal $402,492 Prepaid Project Expenses ____________ $__________ ____________ $__________ Subtotal $__________ TOTAL FUNDS $702,492 TOTAL PROJECT COSTS $702,492 Generic GO Bond Proceeds 45 Ver – 10/26/2020 Grant Agreement for Construction Grants Attachment IV to Grant Agreement PROJECT COMPLETION SCHEDULE Activity Finish All permits in place October 2020 Project out for public bid March 2020 Bid accepted 1 April 2020 Project started 2 November 2020 Project complete November 2021 Project inspected and operational November 2021 Notes: 1 The original project began in 2020. The additional items funded by the Bond funds will be executed as change order in November 2020-February 2021. 2 The original project started in 2020 the additional work funded by the Bond will occur in 2021. AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: 1. Purpose. To consider a resolution approving variances for signage at Orono Station: the number of free standing signs, sign copy area, canopy signage area, and lighting of the canopy. 2. MN§15.99 Application Deadline. The application was received on April 21, 2021 and considered to be complete on that date. The 60-Day review period has been extended and will expire on August 19, 2021. 3. Background. At its meeting on June 14th, the Council directed staff to prepare a resolution approving variances for the number of freestanding signs, size of freestanding signs, the number of canopy signs, the area of canopy signs, and the lighting of the canopy face. The resolution is attached as exhibit A, formally approving the variances described above. A summary of the request, and the applicable regulations. 4. Public Comment. No comments for or against the proposal have been received. 5. Staff Recommendation. Staff recommends approval of the resolution as drafted. COUNCIL ACTION REQUESTED City Council should approve or amend the prepared resolution. Exhibits A. Draft Resolution B. Sign Plan C. CC Minutes 6-14-21 -Draft References PC Staff Report & Exhibits May 17, 2021 CC Staff report and exhibits June 14, 2021 Item No.: 6 Date: June 28, 2021 Item Description: LA21-000035 – Darrin Rosha o/b/o Orono Station West, LLC, 2160 Wayzata Blvd West, Sign Variances – Resolution Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM THE ORONO SIGN CODE FILE NO. LA21-000035 WHEREAS, on April 21, 2021, Darrin Rosha o/b/o Orono Station West (“Applicants”), applied for variances from the City Code for the property addressed 2160 Wayzata Blvd West and legally described as: THE WEST 200· FEET OF THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 18, RANGE 23 DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF OF THE NORTHWEST QUARTER; THENCE DUE SOUTH (ASSUMED BEARING) ALONG THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER A DISTANCE OF 1311.29 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES EAST, 545.87 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 41 MINUTES WEST, 200 FEET; THENCE NORTH 2 DEGREES 19 MINUTES EAST, 188.93 FEET; THENCE NORTH 87 DEGREES, 41 MINUTES WEST, 200 FEET; THENCE SOUTH 2 DEGREES 19 MINUTES WEST, 334.96 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 12; THENCE SOUTH 69 DEGREES 41 MINUTES EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE 45.94 FEET; THENCE EASTERLY 364.3 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE BEING A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1587.28 FEET TO AN INTERSECTION WITH A LINE BEARING SOUTH 2 DEGREES 19 MINUTES WEST FROM THE ACTUAL POINT OF BEGINNING; THENCE NORTH 2 DEGREES 19 MINUTES EAST, 232.24 FEET TO ACTUAL POINT OF BEGINNING, ACCORDING TO THE GOVERNMENT SURVEY THEREOF. (hereinafter the “Property WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Sign Code to allow two free standing signs, one of which is 97 square feet, three canopy signs, and lighting on the face of the canopy; and WHEREAS, on May 17, 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, on May 17, 2021, the Planning Commission recommended approval of the variances; and WHEREAS, on June 14, 2021, the City Council directed preparation of findings for approval of the variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000035. 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 B-1 Zoning District. 3. The Property contains 1.57 acres in area and has a defined lot width of 212 feet. 4. Applicant has applied for the following variances: a. Variance 1: Number and size of freestanding signs b. Variance 2: Number and size of Canopy Signs c. Variance 3: Lighting of canopy face 5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the ordinance is to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communicatio ns, including business identification. The second free standing sign accommodates that goal, as does the additional canopy signs. The larger sign area for the canopy and freestanding sign is necessary due to the characteristic of the adjacent County Road. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2. The variance is consistent with the comprehensive plan. The use of the property, and its inherent signage, is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; There is two freestanding signs on the property, replacing and relocating one of them is reasonable. The number of canopy signs is reasonable, given that the sign area Is a modest increase over the existing levels of signage. b. There are circumstances unique to the property not created by the landowner; The multiple uses of the property and the variance history for two free standing signs are unique, supporting the need for a second free standing sign. Variance history does support additional signage for the property, as does other competing businesses in the area. Further, the inherited design of the canopy has three sides that are visible from the street, and could support the uniqueness argument. and c. The variance will not alter the essential character of the locality. The proposed signage, including the second free standing sign, will fit into the commercial character of the corridor. 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 alone 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 signage is a permissible accessory use in the B-1 District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The unique use of the property as a mall with multiple uses supports the need for two free standing signs and the sign area proposed. The enhanced aesthetics of the sign structure supports the monument sign area. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. There are no similar parcels in this area, in Orono. There are three other gas stations in Orono, in the Navarre neighborhood. Further west on Wayzata Blvd, there is a gas station; that station is in Long Lake. Other buildings with multiple tenants are in Navarre, and none of them include a gas station. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. A second sign for the gas station use is necessary. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The updated, signage will aid in the provision of information to the traveling public, necessary for health and safety. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant states that variances are necessary to provide for competitive signage. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to the Orono Sign Code to allow signage as depicted on the attached Exhibit A, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the 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 permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (June 28, 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 28th day of June, 2021. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Council Exhibit B LA21-35 PC Exhibit B-2 LA21-35 Orono Station Marathon 2160 Wayzata Blvd, Long Lake, MN 55356 60’ 8’8’ 50’ 18’18’ 3 logo’s per canopy Each Marathon canopy logo 15.49” h x 118” L = 12.7 sq ft PC Exhibit B-3 LA21-35 Orono Station Marathon 2160 Wayzata Blvd, Long Lake, MN 55356 60’ 8’8’ 50’ 18’18’ Orono Station Marathon Site Plan 2160 Wayzata Blvd, Long Lake, MN 55356 60’ 8’8’ 50’ 18’18’ Property line is 9’ off sidewalk at the sign New sign min. 5’ off property line MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 2 21. LA21-000035 – DARRIN ROSHA O/B/O ORONO STATION WEST, 2160 W. WAYZATA BLVD, VARIANCE Barnhart presented a summary packet of information to the Council. Orono Station is seeking variance approval for second free standing sign that is 95.79 square feet where 63 square feet exists, and three canopy signs where two are permitted. They also request variances for the canopy to be lit. Staff supports the number of free-standing signs (2) and the number of canopy signs (3), however Staff does not support the lighting of the canopy nor the increase in size of the signage for the free-standing sign to 95.79 square feet. A monument sign size and the changeable copy signs comply with the Code if the Council were to approve the sign area. Planning Commission reviewed this at the May meeting and recommended approval of the sign package as presented; they did not see an issue with the larger sign area, recognizing the characteristics of Wayzata Boulevard and also some competition further down the street in Long Lake. They also put some weight behind what Marathon proposes or requires from a sign package perspective for their brand. Barnhart is looking for direction from the Council on either drafting a resolution of approval or a resolution of denial. Crosby asked if Marathon has regulations on the sign size. Barnhart replied they have certain parameters they look for in their franchise agreement and certain standards they look for. Mayor Walsh said it is interesting as they do not have a lot of commercial in Orono. As long as it is in character with what is in Long Lake along the boulevard and they are not creating something crazy, it would seem to fit and be just fine. Johnson noted the sign on screen is smaller than the Holiday in Navarre. He does not concern himself with what Marathon wants. Crosby and Walsh agreed. Johnson spoke about the lighting of the outside of the canopy, the blue and red strips, and said that does not need to be lit. The name can be lit but the entire ribbon around the outside seems unnecessary. He noted this is the first challenge of the City’s sign code and asked Barnhart if that is correct. Barnhart replied Lund’s and Byerly’s got a variance for their sign when it was rebuilt for a setback issue, and Bridgewater Bank was also probably related to its setback. Johnson said it would be nice – if people are doing reasonable signs – that they do not have to come to the Council. Crosby stated for him it comes down to what they are doing across the City and consistency. He noted Holiday has a blue line lit up around the whole thing to highlight it. If it is consistent he is good with it. Printup agrees it would be nice to have some consistency, but at the same time they must dissect it a bit when it comes into a certain neighborhood. When that was Mr. Bill’s place, it wasn’t a really high commercial area. As opposed to what a nice light and property improvement, there was an old cabin rental dilapidated house in front of it a few years ago. He noted there are improvements to that spot. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 2 Printup moved, Crosby seconded, to direct Staff to draft a Resolution of Approval of LA21-000035, Orono Station West, 2160 W. Wayzata Blvd, Variance based on the sign package presented. VOTE: Ayes 5, Nays 0. AGENDA ITEM Prepared By: mcc Reviewed By: A.Carlson Approved By: 1. Purpose. Consider a resolution approving variances to construct a lakeside deck. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on April 20th. The 60-Day review period has been extended and now expires on August 18, 2021. 3. Background/ Summary. On June 14th the Council considered a request for rear setback and 75-foot lake setback variances in order to expand the existing deck on the home by 227 square feet (including staircase). As part of the project, the property owner has indicated that an 80 square foot deck/patio within the 75-foot setback will be removed to offset the additional 75-foot hardcover. 4. Planning Commission Vote and Comment. On May 17th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7-0 to deny the variances. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Planning Staff has drafted a resolution reflecting the Council’s 5 to 0 vote approving the variances as presented on June 14th. COUNCIL ACTION REQUESTED Council should consider adopting or amending the draft approval resolution. Exhibits A. Draft Resolution B. Council Staff Report 06/14/2021 References Council Exhibits 06/14/2021 PC Memo + Exhibits 05/17/2021 Item No.: 7 Date: June 28, 2021 Item Description: LA21-000030 – Tom Bergstrom, 1509 Long Lake Boulevard, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-305; 78-1279; and 78-1680 FILE NO. LA21-000030 WHEREAS, on April 20, 2021, Thomas C. Bergstrom and Kathryn A. Bergstrom, husband and wife (hereinafter the “Applicants”), applied for variances from the City Code for the property addressed 1509 Long Lake Boulevard and legally described as: Lot 22, and the East half of Lot 21, ALBEE’S LONG LAKE ADDITION, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a deck within the 50-foot rear, street setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow to allow construction of a deck within the 75-foot lake 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 construction of a deck resulting in approximately 17 square feet of additional hardcover within the 75-foot setback where 80 square feet currently exist and no hardcover is permitted; and WHEREAS, on May 17, 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 May 17, 2021, the Planning Commission recommended denial of the variances finding no practical difficulty to support additional hardcover within the 75-foot setback area; and WHEREAS, following the Planning Commission meeting, the Applicants made modifications to the proposed plan resulting in a reduction in the overall 75-foot hardcover with the proposal; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, on June 14, 2021, the City Council reviewed the revised application and the recommendations of the Planning Commission and City staff and, based on the overall net reduction of hardcover, directed preparation of findings for approval of the variances. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as amended and described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000030 The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A, Single Family Lakeshore Residential Zoning District. 3. The Property contains 0.37 acres in area and has a defined lot width of 130 feet at the OHWL and 116 feet at the 75-foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Hardcover within the 75-foot Setback Variance b. Rear, Street Setback Variance c. 75-foot Lake Setback Variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The rear and lake yard setback variances are in harmony with the purpose of the ordinance. The lot has topographic challenges as well as an extreme curved right-of-way and shoreline virtually eliminating the building envelope on the property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a permit for construction of a residential deck within a residential zone are consistent with the Comprehensive Plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the deck addition on the substandard lot, in the proposed location within the rear yard and lake yard setbacks seems reasonable as the Property has extreme topography, curve of the shoreline, and shape of the lot result in challenges for development. The enlarged deck will allow the Applicants to create an outdoor living space on the Property where it is difficult to utilize the lake yard. The elevated deck and proposed removal of hardcover will also provide more infiltration opportunities for stormwater before it reaches Long Lake. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The configuration and shape of the lot were not created by the owners. Variances were granted in 2018 to construct a new home on the Property Resolution No. 6877. The uniqueness found in the shape, size, slope, and proximity to the lake are difficulties which support granting of the variance for the additional deck space. The proposed deck expansion is located within the footprint of the previously existing home on the Property. c. The variance, if granted, will not alter the essential character of the locality.” The variances permitting the deck addition will not alter the character of the neighborhood. Many of the surrounding homes have decks on the lake side of their home. It does not appear that the setback variances will adversely impact the adjacent property owners or views of the Property from the lake. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable as a residential improvement is permitted in the LR-1A zoning district. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The lot size and shape, proximity to the lake, and the topography are particular to the Property and surrounding properties within this immediate neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The setbacks of adjacent homes in the neighborhood are somewhat similar to the Property, as well as the conditions specifically impacting the Property. The lot size and shape, topography, home proximity to the lake, and the required 50-foot street setback generally apply to the other substandard properties in this immediate LR- 1A neighborhood. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The owner indicates that granting the variances are necessary for the preservation of their property right. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the variances to allow construction of additional deck area while reducing the level of nonconforming hardcover in the lake yard is not likely to impair health, safety, and comfort and 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 substandard area and width of the Property; shape and depth of the lot; steepness of the lot; and unique shoreline configuration create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owner. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following: • A variance from Section 78-305 to allow construction of a deck within the 50-foot rear, street setback; and • A variance from Section 78-1279 to allow to allow construction of a deck within the 75-foot lake setback; and • A hardcover variance from Section 78-1680 resulting in a reduction of hardcover within the 75-foot setback where 330 square feet of hardcover currently exists and 238 square feet is proposed to construct a deck expansion; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey and deck plan 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 (June 28, 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 28th day of June, 2021. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Approved Deck Deck +flagstonet o be removed . Resol. No.________________ Exhibit A AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. Consider variances to add on to an existing deck within the rear and lake setbacks. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on April 20th. The 60- Day review period has been extended and now expires on August 18, 2021. 3. Background/ Summary. The applicant is requesting rear setback and 75-foot lake setback variances in order to expand the existing deck by 227 square feet (including staircase). The property owner has indicated a willingness to remove an 80 square foot deck/patio within the 75-foot setback to facilitate approval of the requested variances and offset 75-foot hardcover. 4. Planning Commission Vote and Comment. On May 17th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7-0 to deny the variances. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Planning Staff recommends denial of the requested variances to enlarge the deck within the lake setback as the property has reasonable use with the existing improvements. The requested lake setback variance is not supported by practical difficulty. COUNCIL ACTION REQUESTED Direct staff to draft a resolution of approval or denial. Exhibits Exhibit A. Proposed Plans Exhibit B. Draft PC Minutes Exhibit C. PC Staff Report 05/17/2021 References PC Exhibits 05/17/2021 Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan + Staff Annotated Plan Exhibit D. Submitted Hardcover Calculations – edited by staff Exhibit E. Proposed Deck Plans Exhibit F. Resolution No. 6877 Exhibit G. Property Owners List Exhibit H. Plat Map Item No.: # Date: 14 June 2021 Item Description: ##LA21-000030, Tom Bergstrom, 1509 Long Lake Blvd, Variances Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. To consider a resolution permitting redevelopment of a substandard lot. 2. MN§15.99 Application Deadline. The application was received on April 21, 2021 and was considered to be complete on April 28th. The 60-Day review period has been extended and now expires on August 26, 2021. 3. Background/ Summary. On June 14th, the Council considered an application for lot area, lot width, and front and rear setback variances to redevelop the subject property with a new single family home. The Council discussed the request siting the unique shape, substandard size, lack of frontage, ambiguous yard orientation, the proximity to the Luce Line Trail as difficulties impacting the property. The Council voted 5 to 0 to approve the requested variances as proposed. 4. Public Comment. No comments for or against the project have been received. 5. Staff Recommendation. Staff recommends the Council adopt the attached approval resolution. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution as drafted. Exhibits A. Draft Resolution B. Council Staff Report 06/14/2021 References City Council Exhibits + Draft Minutes 06/14/2021 PC Report + Exhibits 05/17/2021 Item No.: 8 Date: June 28, 2021 Item Description: LA21-000032 – Al Azad, 165 Bederwood Drive, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. LA21-000032 WHEREAS, on April 20, 2021, Al Azad (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 165 Bederwood Drive and legally described as: Boundary Description (Doc. 5536466) That part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line of Government Lot 3, Section 5, Township 117, Range 23, 1350.36 feet South of the Northwest corner of said Government Lot; thence Southeasterly at an angle of 69 degrees 30 minutes to the West line of said Government Lot 3 to a line drawn parallel to and 305.54 feet east of the West line of said Government Lot 3; thence North along said parallel line 287.46 feet to the point of beginning of the property being described; thence continuing North along said parallel line 87.75 feet; thence deflecting left 65 degrees 53 minutes 43 seconds to a line drawn parallel to and 163 feet East of the West line of said Government Lot 3; thence South along last said parallel line to a line drawn through the point of beginning at right angles to the West line of said Government Lot 3; thence East to the point of beginning. Subject to easements, restrictions and reservations of record, if any, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-305 to allow construction of new single family home on the Property which has 0.39 acres in area where 2.0 acres is required; and 87.7 feet in width where 200 feet is required; and WHEREAS, the Applicants have made application to the City of Orono for variance from Orono Municipal Zoning Code Section 78-305 to allow to allow construction of the home 15.3 feet from the front lot line, and 44.8 feet from the rear lot line where 50-foot setbacks are required; and WHEREAS, on May 17, 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, on May 17, 2021, the Planning Commission recommended denial of the front and rear setback variances finding no clear practical difficulty to support the proposed setback encroachments; and WHEREAS, on June 14, 2021, the City Council reviewed the revised application and the recommendations of the Planning Commission and City staff and, based on the findings outline below, directed preparation of findings for approval of the lot area, lot width and front yard and rear yard setback variances. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as amended and described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000032. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A, Single Family Lakeshore Residential Zoning District. 3. The Property contains 0.39 acres in area and has a defined lot width of 87.7 feet along the front lot line (the Property does not have frontage on a public or private roadway). 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Area Variance b. Lot Width Variance c. Rear Yard Setback Variance d. Front Yard Setback Variance 6. The Property has no lake or street frontage, or roadway access; rather the driveway access to Bederwood Drive is provided via a leased easement over the DNR Luce Line Trail right-of-way. 7. The Property has no clear front or rear property line. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 8. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances area supported by practical difficulties due to the substandard lot conditions and lot of record status. The variances appear to be in harmony with the City’s goals for conforming development and is in harmony with the Ordinance. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a permit for construction of a residence within a residential zone are consistent with the Comprehensive Plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the new home on the substandard lot, in the proposed location within the rear yard and front yard setbacks seems reasonable as the Property is unique based on the lack of frontage (on the lake or on a street) and abuts a public regional trail. The lot has ambiguous orientation with respect to front and rear yard areas. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The configuration, location, and shape of the lot were not created by the owner. The substandard size of the Property and easement access are existing conditions; there is no available land with which to make the Property conforming. State Statute and City Code allow for redevelopment of a nonconforming lot of record however there is no street or lake frontage to clearly define the front yard area. The applicant’s site design appears to be sensitive to the adjacent properties and maintains an existing easement access location. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 c. The variance, if granted, will not alter the essential character of the locality.” The orientation and placement of the home on the Property does not negatively impact the local neighborhood character. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable as a residential improvement is permitted in the LR-1A zoning district. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The lot size and orientation without direct frontage on a roadway or lakeshore are particular to the Property and is a relatively unique condition within the City. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The lot size and orientation without direct frontage on a roadway or lakeshore are particular to the Property and is a relatively unique condition within the City. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The owner indicates that granting the variances are necessary for the preservation of their property right. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the variances to allow construction of a new residence on a substandard lot is not likely to impair health, safety, and comfort and is not contrary to the intent of the zoning chapter. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The substandard area and width of the Property; and unique landlocked configuration without road or lake frontage create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owner. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Section 78-305 to allow construction of new single family home on the Property which has 0.39 acres in area where 2.0 acres is required; and 87.7 feet in width where 200 feet is required; also setback variances to construct the home 15.3 feet from the front lot line, and 44.8 feet from the rear lot line where 50-foot setbacks are required; and 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 2/4/21 and revised on 4/19/21 as well as 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 (June 28, 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 28th day of June, 2021. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor F r o n t R e a r Si d e Si d e Pr o p o s e d C o n d i t i o n s Ex h i b i t D AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. To consider variances related to lot area, lot width, and front and rear setback in order to redevelop the property with a new single family home. 2. MN§15.99 Application Deadline. The application was received on April 21, 2021 and was considered to be complete on April 28th. The 60-Day review period has been extended and now expires on August 26, 2021. 3. Background/ Summary. The applicant is requesting approvals in order to redevelop the property with a new single family home. Requested are for the following: lot area, lot width, and front and rear setback variances. 4. Planning Commission Vote and Comment. On May 17th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7-0 to deny the variances. The Commission contemplated different orientations for the home with respect to the setbacks, but the applicant chose to proceed as proposed . Please review the draft minutes for more detail and direction. 5. Public Comment. No comments for or against the project have been received. 6. Staff Recommendation. Planning Staff does not support the variance for front and rear yard setbacks as proposed. COUNCIL ACTION REQUESTED Council should direct staff to draft a resolution of approval or denial. Exhibits Exhibit A. Proposed Plans Exhibit B. Draft PC Minutes Exhibit C. PC Staff Report References PC Exhibits 05/17/2021 Exhibit A. Application Item No.: # Date: 14 June 2021 Item Description: #LA21-000032, Al Azad, 165 Bederwood Dr, Variances Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. Property Owners List Exhibit H. Plat Map Presentation to Orono City Council June 28, 2021 Susan Navratil –President, Gillespie Center Board Jeanne Brustad –Past President, Gillespie Center Board www.gillespiecenter.org | www.seniorcommunity.org In the 1970’s, Senior Community Services provided staff for the Mound Senior Club, which changed its name to Westonka Senior Citizens, Inc. and became a nonprofit 501 c 3. Twenty years ago, the Westonka Senior Citizens became The Gillespie Center. SCS has been a partner through all the changes and the growth of what we know today as The Gillespie Center. We continue to contract with The Gillespie Center to provide senior programming. Call Roberta Jordan at 952-767-0665 or email r.jordan@seniorcommunity.org Sara Roberts, LSW Senior Community Services Office at the Gillespie Center Call 952-767-7890 or email s.roberts@seniorcommunity.org CareNextion.org, developed by Senior Community Services is a free online care team tool that helps caregivers coordinate care of a loved one by assigning and organizing tasks, locating local resources, and journaling visits, updates and progress. Users can also connect with a licensed social worker at 612-770-7005 Virtual Programs Center Staff Mindy Anderson An employee of Senior Community Services she is contracted as our Gillespie Center Director 2021 Enacted COVID Shutdown Plan late in December 2020 Re-Opened on January 4th after two week shut-down and deep clean Continued to follow MNSure and CDC Guidelines 2021 Financial Picture “Interesting” Tapped into Reserve Fund Fundraisers started with Member and Board Ask Fundraisers Greeting Card Sale Drive Thru Bakery Boat Cruises Community Involved 14 Spring Park Pharmacy COVID-19 Vaccination Clinic Mound Westonka Community Blood Drive Activities Coffeehouse Card Groups Square Dancing Ukulele Group Cribbage Quilters Knitters Book Club Art Group Photo Club Programs and Classes Tax Preparation from AARP Movies Defensive Driving “Name That Town” with Doug Ohman Drive Up or Eat Inside Wednesday Lunches Party & Lunch Under The Portico Music By Greg Sletten 18 New Group Organized 19 Volunteers 20 Volunteer Appreciation 21 Drive Up Lunch Serenaded by the Mound Westonka High School Pep Band Event Space Weddings Celebration of Life Business Meetings Local Club Meetings Birthday Parties Baby Showers Church Groups HOA Meetings The Numbers SCS Programs served 39 Orono Residents •Down from 60 in 2019 •COVID-19? SCS Services used included: •HOME Program •Senior Outreach & Caregiver Services •Medicare Partners •CareNextion.org The Center has 31 Registered Members from Orono •Including the Board Vice President and a Past President/Current Membership Database Admin 20th Anniversary Year! Thank You Orono! You are helping to create an awesome environment to help us live in for the present as well as the future! AGENDA ITEM Prepared By: RJO Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this item for the presentation of the Gillespie Center’s annual report to the City Council. 2. Background. Susan Navratil and Jeanne Brustad are here from the center to present the report. COUNCIL ACTION REQUESTED Informational only. No action required. Item No.: 9 Date: June 28, 2021 Item Description: Gillespie Center Annual Report Presenter: Susan Navratil and Jeanne Brustad Agenda Section: Presentation AGENDA ITEM Prepared By: Reviewed By: Approved By: 1. Purpose. The purpose of this council action will be for the council to receive a briefing on the upcoming Tour de Tonka. 2. Background. Mr. Tim Litfin will be presenting this item. Council Action Requested: None- Presentation. Item No.: 12 Date: June 28, 2021 Item Description: Annual Tour de Tonka – Tim Litfin Presenter: Tim Litfin Agenda Section: Presentation AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. The purpose for this action item is to hold a public hearing on the variances for side yard, lake, and average lakeshore setback to follow direction provided by the Council and to adopt a resolution. 2. MN§15.99 Application Deadline. The application was received on March 17, and considered to be complete on March 30th. Due to the tabling on May 10th the 60-day deadline has been extended until July 28, 2021. 3. Background/ Summary. At meetings on May 10th and 24th the Council discussed the applicant’s request for variances for two separate accessory buildings. The Council supported the setback variances relating to the reconstruction of the carriage house, however did not support relocating the boat house. Placing the boathouse in the same location requires a variance in order to comply with the Floodplain Regulations. City Code requires the establishment of an elevation ‘bench’ 15 feet around the perimeter of the elevated structure, that 15 feet is not able to be provided due to the proximity of the structure to the property line and the lake. At the May 24th meeting, with a unanimous 4 to 0 vote, the Council waived the Planning Commission’s review of the additional variances relating to the use of fill to elevate the boathouse out of the floodplain based on Council direction. Staff has prepared additional practical difficulty findings based on the Council’s direction which have been included in the draft resolution attached as Exhibit A. 4. Staff Recommendation. Staff recommends approval of the additional variances relating to the floodplain. COUNCIL ACTION REQUESTED The Council should hold the public hearing for the variance relating to the fill surrounding the boathouse. Following the public hearing the Council should consider a motion to adopt the draft resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. City Code Sections Exhibit C. Council Staff Report 05/24/2021 Item No.: 11 Date: June 28, 2021 Item Description: LA21-000026 – JALIN Design LLC o/b/o Tim Holland, 1395 Orono Lane, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Public Hearing CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-305; 78-1279; and 78-1680 FILE NO. LA21 -000026 WHEREAS, on March 17, 2021, JALIN Design LLC (hereinafter the “Applicant”), on behalf of the property owner Tim Holland, applied for variances from the City Code for the property addressed 1395 Orono Lane and legally described as: Lot 7 & Lot 8, Homes on Browns Bay, according to the plat thereof, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of an existing boathouse 5 feet from the side property line where a 15 foot setback is required and a 2.5 foot setback currently exists with minor roof volume expansions; and WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of an existing boathouse 24 feet from the OHWL of Lake Minnetonka where a 15-foot setback currently exists and a 75 foot is required; the boathouse will be located entirely lakeward of the average lakeshore setback; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow reconstruction of the existing carriage house 1 foot from the side property line and 3 feet from the rear property line where a 1 foot setback and 3 foot setback currently exist with minor roof volume expansions; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 768 square feet of hardcover for the boathouse within the 75-foot setback where limited hardcover improvements are permitted; and WHEREAS, on April 19, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 19, 2021, the Planning Commission recommended approval of the variances; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, at meetings on May 10 and 24, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and directed the Applicant to modify the application to keep the boathouse in the same footprint and location as the existing, thus requiring the use of fill to elevate the building out of the 100-year floodplain elevation; and WHEREAS, the location of the boathouse near the side lot line and lake in the will not allow for establishment of the required elevation bench 15 feet from the perimeter of the boathouse as required by City Code Section 78-1117 thus requiring a variance; and WHEREAS, on May 24, 2021, the City Council voted 4 to 0 on a motion to waive reference to the Planning Commission public hearing for the additional variance to City Code Section 78-1117 relating to elevating the boathouse on fill, agreeing to hold the public hearing; WHEREAS, on June 28, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 28, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000026. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A One Family Lakeshore Zoning District. 3. The Property contains 0.9 acres in area and has a defined lot width of 150 feet at the OHWL of Lake Minnetonka and 158 feet at the 75-foot lake setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 5. Applicant has applied for the following variances: a. Average Lake Setback Variance b. Lake Setback Variance c. Side Setback Variances d. Rear Setback Variance e. Hardcover within the 75-foot Lake Setback Variance f. Floodplain fill elevation less than 15-feet from the building perimeter 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances support the minimal expansion of a non- conforming structure within in the lake yard and average lakeshore setback. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, the requested variances to increase the height of the existing boathouse the minimum amount necessary to meet the ceiling height and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors are situated so that their lake views will not be impacted by the changes to the existing boathouse. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the property from the lake. The lack of elevation bench on the north and west sides of the structure will not suppress safety and access for this accessory building. Additionally, the minimal expansions proposed to the nonconforming carriage house building will not adversely impact the adjacent property, nor will they result in a significant massing increase within the required rear and side yard setback areas. The requested variances to increase the height of the existing carriage house garage ceiling while maintaining a livable height in the upper level are the minimum amount necessary to meet the ceiling height needs. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in reconstruction of the existing buildings (without footprint expansions), in a residential zone are consistent with the Comprehensive CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 Plan. The variance to permit the minimal upward volume expansions is solely to upgrade the functionality of the carriage house, as well as allow the boathouse to conform to the floodplain regulations. The setbacks of the boathouse do not allow for the full 15 feet of rescue bench fill around the building as required. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit minor upward expansions of the buildings within the setbacks appear to be reasonable; the flat roof design of the boathouse minimizes any potential negative impacts; the existing setbacks; the mature vegetation, and location of neighboring homes separate the buildings from the adjacent neighbors. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Applicant proposes to reconstruct two nonconforming buildings to improve functionality for the owners. The buildings were not constructed by the current owners, or by current construction standards, and are in need of replacing due to their age and deferred maintenance; and c. The variance, if granted, will not alter the essential character of the locality.” The requested variances will not result in the Property being out of character with the neighborhood; will not expand the footprint of the buildings; or result in additional encroachment into the setbacks toward the lake. The new encroachments will not alter the character of the locality. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential accessory buildings are an allowed use in the LR-1A District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The location and orientation of the existing buildings within the setbacks is an existing condition which is unique to the Property. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location and existence of the nonconforming accessory buildings is an existing condition unique to a small number of properties in the City, but could be applied to all other lakeshore properties with detached garages, lake yard accessory buildings and boathouses. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Substantial property right is provided by the principal structure. The nonconforming buildings are allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right, however the buildings will be expanded in order meet current building code standards, modern garage functionality, and floodplain minimum low floor regulations. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the property. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The Applicant asserts that the variances are necessary to modestly increase functionality, and for safety and regulatory compliance, and will not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following to support reconstruction of two accessory buildings: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 • Variances from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of an existing boathouse in its existing footprint and location 2.5 feet from the side property line where a 15 foot setback is required and a 2.5 foot setback currently exists with minor roof volume expansions; • A variance from Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of an existing boathouse 15 feet from the OHWL of Lake Minnetonka where a 15-foot setback currently exists and a 75 foot is required; the boathouse will be located entirely lakeward of the average lakeshore setback; • A variance from Orono Municipal Zoning Code Section 78-305 to allow reconstruction of the existing carriage house 1 foot from the side property line and 3 feet from the rear property line where a 1 foot setback and 3 foot setback currently exist with minor roof volume expansions; and • A variance from Orono Municipal Zoning Code Section 78-1680 to allow 768 square feet of hardcover for the boathouse within the 75-foot setback where limited hardcover improvements are permitted; and • A variance from the rescue bench 15 foot fill perimeter around the boathouse as required by the floodplain regulations. Subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 12/09/2020 and revised on 01/29/2021 by Sathre-Bergquist, Inc., and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B . 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 (June 28, 2022). 5. An as-built survey shall be provided upon completion of the site development to demonstrate compliance with the approvals and floodplain regulations. 6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 ADOPTED by the Orono City Council on this 28th day of June, 2021. 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Ƕ ȇ ȱ ĉ Ȝ ȱ ą : ȱ H Ŭ + ȱ 2 " ȱ 9 + ȱ * 2 ȱ 9 o + ȱ k 2 ȱ ± ȱ S = : ȱ H 7 ȱ Ƌ v ƽ ȱ U þ ² ȱ p ȱ ý c # _w ȱ ȱ ȱ ȱ ½ ! ȱ y s Ą Ĉ ȱ % ȱ ȱ ȱ ȱ ȱ ȱ ² ȱ ȱ ȕ ȱ ȱ p ȱ Ă ȱ & ȱ ȱ ½ ! ȱ ȱ ȱ ȱ ø & ȱ ƫ v ! ȱ . t ȱ N ȱ & ȱ ǀȟ ȱ a ȱ N ȱ & ȱ ~ ȱ . ȱ º : ȱ s Ą ȱ ȱ B ȱ ȱ õ ȱ ǰ ȱ ȱ ³ ȱ DZ Ċ ȱ ȱ ö ǧ ȱ ȱ B ȱ 4 ȱ 4 ȱ ȱ ³ ȱM ȱ ¬ ă 4 ! ȱ { ¶ p ȱ ȱ ȱ ȱ ȱ G Ȅ ȱ ½ ! ȱ ö Ǩ þ ȱ ȱ u t ! ȱ º : ȱ Ȃ ț ȱ ø ȱ & ȱ 4 G - j# ƛȓ » NJ ¹ + ȱ p ȱ ȱ % ȱ ȱ û ȱ 9 ȱċ ȱ ȱ & ȱ e | ȱ ȱ ȱ e | ȱ x a Nj ȱ - ȱ ù e ȱ ȱ ȱ Ċ c G ȱ Ĉ û ć ȱ c a ċ 4 ! ȱ & ȱ ÿ a ȱ % ȱ B ȱ Č % @ ȱ _ ȱ ȱ ȱ % ȱ ȱ ȱ ȱ ȱ ȱ ȱ $ ȱ A w ȱ s ȱ & ȱ | ȱ ȱ ȱ { ȱ ȱ c ȱ ȱ G G ȱ 4 ȱ ȱ & ȱ ȱ , ȱ N ȱ ȱ ȱ ȱ ȱ ȱ N ȱ M ȱ ȱ : ȱ ȱ ȱ ȱ B ȱ & P ȱ @ ȱ . , ȱ ȱ ȋ ȱ ȱ ȱ ȱ ȱ y ȱ ȱ ȱ ȱ u ȱ Ȇ ȱ ȱ & ȱ ´ P ȱ ȱ ȱ & ȱ ÿ ȱ -ȱ ¢ N ȱ ! ! 4 ! , ȱ ȱ B ȱ Ǽ ș ȱ ȱ w % ȱ ȱ Ǜ ȱ Ƿ ȱ ȱ $ ȱ A ƺ ȱ ȱ J l ȱ ȱ ȱ ȱ ȱ j 2 * f J 2 J H "" " 5 - ! ȱ ȱ v ȱ ȱ v v ȱ ȱ ´ ȱ ǁ Ă ȱ ȱ 4 ! l# . ȱ ȱ Ǘ ȱ ȱ ȱ ȱ ȱ · ȱ 9 ȱ ȱs ȱ M ȱ M ȱ ȱ ȱ ȱ DŽ ȱ N ȱ y ĉ ć - \# è ȱ { ȱ % ȱ % ȱ P ȱ ā ȱ Ǯ ȱ ȱ ȱ ȱ Ȟ ą ȱ ȱ %ȱ ȱ % ȱ & ȱ e % ȱ ȱ ȱ @ ŋ" # _ ȱ ! ȱ % ȱ ǫ ȱ ȱ ! ȱ ǒ ǵ G ȱ õ ȱ ȱ ȱ 9 : ȱ lj @ ** # Ɲ ǜ ȱ x P ȅ ȱ ȱ x ȱ { ȱ ȱ x Ƞ ȱ x Dž ȱ % : = ȱ . ȱ U ȱ . ȱ % ȱ . ȱ . : ȱ . ā ȱ . ȱ A { ! ¾ Ë1 Ê 1 Ȱȱ 1 7 7 7 7 ~ 7 ~ 7 Ê1 Ë 1 ŝȱ 3 ' ȱ \z r o ¨ 0 1¨ \z r o ¨ u \ u H¨ m r o m H o ¨ |H ¨ \z r o ¨ u \ u I ¨ 0 ȱ Or o D ¨ 6 ȱ Vr g I ¨ O r o D ¨ AV \ | H g H D ¨ ¨ mr o m H p ¨ |H ¨ 3/ ' 6 ȱ ¨ 0 ȱ Or o D ¨ £ ȱ 0 ȱ ; 0 6 ub ¨ o 9 \ g ¨ mr o m I o ¨ |I ¨ ub ¨ o 9 \ g ¨ 0 ȱ Or o D ¨ ub ¨ o 9 \ g ¨ 0 ¨ 0 0 ȱ D\ | A ¨ '0 K q ȱ 3 ȱ > 90 A ¨ p \ ¨ A9 = g H ¨ K ȱ > ( 6 ( ' ( ( 3 3 ȱ z 9 p | O r z m H z ¨ Ig I A z \ A ¨ m 9 o V r h I ¨ Hg H A z \ A ¨ m H H z ¨ ¨ ( ( 3 3 ȱ r g H ¨ ǂ 9 z D ¨ < / ě < / ȱ > ŧ ; £ ȱ > 3 ȱ m9 o V r g I ¨ ǻ ; ( ȱ DH u * ¨ / Ý ȱ u ¨ ; < ȱ > ( ¨ O H g ¨ u m u ¨ Ʈ O H g ¨ 9 o b ¨ Ư uz r u 9 o H ¨ 9 o b ¨ Ď R9 | ¨ ¨ R 9 | ¨ 9 g ¨ H ¨ Ď R9 | ¨ / ¨ R H o H z 9 r z ¨ R 9 z D ¨ > ' 5¨ V 9 o D ¨ / ( N¨ m 9 \ g ¨ = r ¨ ő1 ÖV r Ǿ ü W ǟ ¸ ȱ r ȁ ȱ ƿ r ¸ V ó ȱ W ȱ Ȍ ǡ V ȱ ŵ V W W V ǹ ü W ȱ T Ș W Ȗ T ǿ ý W r Ć V ȱ © ȡ ¸ Ć V Dz ȱ 8 ã ȱ Ñ Í ȱ H h Ò Ñ œ ȱ r ó Ǭ ~ # ¨ u \ I r m I I z ¨ / ¡ ¨ u r H z ¨ u r g H ¨ R ¨ \ z I ¨ zr r O ¨ D z 9 \ o ¨ ; ȱ | 9 \ r o ¨ |9 o \ 9 z ¨ / ( ' q ȱ Ag I 9 p ¨ r ¨ | r z m ¨ m 9 o V r g H ¨ ' ȱ Dz 9 \ o ¨ 3 3 / ȱ =9 | \ o ¨ ; 6 ȱ 6 ȱ |I A \ r o ¨ z H H ¨ A r o \ O H z r | ¨ z I I ¨ D I A \ D r | ¨ r H ¨ L Ý 0 ȱ K OO I ¨ O \ z | ¨ Og r r z ¨ H g H 9 \ r o ¨ <; ȱ < < ȱ ; ȱ K r O ¨ r u ¨ r O ¨ ; 0 6 ȱ ( ( K Ļ ( ȱ L ' ȱ ru I o \ o R ¨ I g I * ¨ Ar o ¨ A z H H ¨ =\ m \ o r | ¨ = \ g D \ oR ¨ | H = 9 A b ¨ g\ o H ¨ A9 = g I ¨ Ar p ¨ 3 ( ( ȱ A z = Įį Ř Ŕ Ň ȱ Ʒ ȱ ŀ Ł ȱ Ar p r z ¨ ƥ ' < ¤¨ Ar p r z ¨ u z r u r | H D ¨ ¥ ¦ R 9 z D ¨ z9 \ g ¨ z H H ¨ A r o \ O H z r | ¨ z Hm r H D ¨ s ¨ Dz 9 \ o ¨ \ g H ¨ z I I ¨ D I A \ D r | ¨ z I m r I D ¨ Ki S Ig I A z \ A ¨ o D I z R z r p D ¨ H g H u V r o H ¨ m 9 o V r g H ¨ O H o A H a¨ > / ȱ > 6 ' ĝ 0 q ȱ / ( ſ \ g \ ¨ > 6 ' Ž 0 q ȱ K 0 Š L ȱ / Ğ L ȱ Ŧ 9 I z ¨ | u \ R r ¨ Ş H g g ¨ Ō mr o \ r z \ o R ¨ L ¨ A z = ¨ | r u ¨ Ƈ R9 I ¨ K K Ƅ / q 6 ¨ \ z z \ R 9 \ r o ¨ 9 g I ¨ ¢¨ u r | ¨ \ o D \ A 9 r z ¨ 9 g H ¨ ' < £¨ | r \ g ¨ = r z \ o R ¨ Q G ¨ ; £ ȱ > 3 ȱ o D I z R z r o D T: } R9 | ¨ o D H z R z r o D W r I z V I 9 D ¨ \ g \ §¨ z J J ¨ g \ o J 7 ¨ | 9 o \ 9 z ¨ | H H z }}İȩ } } ı | r z m ¨ | I I z K i H g H u V r o H ¨ o D H z R z r o D ¨ zI 9 \ o \ o R ¨ L  \ g \ ¨ o D H z R z r o D ¨ L z 9 O O \ A ¨ ' < z9 \ g z r 9 D ¨ z 9 A b | ¨ z9 \ g z r 9 D ¨ ' < z9 \ g z r 9 D ¨ 'L 3 / ' ȱ 6 ' / H g 9 o D ¨ = O O H z ¨ | \ R o ¨ z I I ¨ A r o \ O I z r | ¨ D \| I 9 | I D 0 D 9 m R I D ¨ z H H ¨ D H A \ D r | ¨ D \ | H 9 | H D 0 D 9 m R H D ¨ ƘƏ Ŝ ȱ É ¡ Ä ¨ Ų @ Ä ª ¤ @ 1 Ŷô ô Ǻ Ǧ ȱ ¤ Ǵ ȗ Ȑ Ȣ ůŻ ƃ ȱ Ɖ - ¡ [ Î [ à 1 1 Ca r r i a g e Ho u s e Bo a t h o u s e Bo a t h o u s e : Re c o n s t r u c t i n s a m e lo c a t i o n . E l e v a t e t o me e t R F P E FD WH F .P .REC E S S T V A B O V E 3'0 " x 8 ' IN S U L A T E D ST E E L D O O R 8'0 " x 8 ' 0 " S L I D E R 2'x 2 ' T R A N S O M 8'0 " x 8 ' 0 " SLI D E R 4'8 " x 6 ' P I C T U R E 4'8 " x 2 ' A W N I N G 6'x 6 ' P I C T U R E 6'x 2 ' A W N I N G 6 ' x 2 ' T R A N S O M 2 ' x 6 ' C A S E M E N T 2 ' x 2 ' A W N I N G TH I N VE N E E R ST O N E AD H E R E D TO W A L L A1 .3 0 BO A T H O U S E FL O O R P L A N / FO U N D A T I O N BO A T H O U S E SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .3 D W 25 ' - 1 0 " 9'- 6 " 5 ' - 9 3 / 4 " 2 1 ' - 9 " 3 5 ' - 3 " 25 ' - 1 0 " 15 ' - 4 " 8'- 2 " 1 2 ' - 6 " 2 1 ' - 9 " PO W . 6'6 " x 5 ' 0 " ME C H ./ S T O R . 8'2 " x 5 ' 0 " 36 " RE F . 93 3 .5 93 3 .5 PR E P A R E A 10' 0 " x 1 8 ' 7 " LO U N G E 15 ' 0 " x 1 8 ' 7 " BO A T H O U S E F O U N D A T I O N P L A N SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 2'- 0 1 / 2 " 1'- 0 " 26 ' - 1 0 " 1 ' - 1 1 " 2'4 " 4" C O N C . SL A B W / # 4 R E B A R @ 2 4 " O .C . EA . W A Y C E N T E R E D , O N 2 " R I G I D IN S U L A T I O N W/ IN - F L O O R H Y D R O N I C H E A T I N G OV E R M I N . 6 M I L . V A P O R B A R R I E R PLA C E D O N C O M P A C T E D G R A N U L A R M A T E R I A L UN E X C A V A T E D ISL A N D TA B L E 3'0 " x 7 ' 6 " 2'- 4 " 2 ' - 4 " 1 ' - 0 " P R O P E R T Y L I N E 5'- 0 " P R O P E R T Y L I N E GA M E 15 ' 0 " x 14 ' 0 " 15 ' - 5 1 / 2 " 4'- 7 " 1 ' - 6 " 7 ' - 1 1 " 2 ' - 1 " S H E L V E S 12 ' 0 " x 8 ' 0 " DO O R EX I S T I N G C A B I N FO O T P R I N T EX I S T I N G C A B I N RO O F O V E R H A N G FO O T P R I N T C A B I N E T 6 ' - 8 1 / 4 " 1 2 ' - 6 " 3 4 ' - 3 " 1'- 0 " 1 ' - 0 " 5 ' - 3 5 / 8 " 1 4 ' - 1 0 1 / 4 " 3 4 ' - 3 " MIN I - S P L I T LO C A T I O N BO I L E R LO C A T I O N OF P L U M B I N G AB O V E 3'0 " X 3 ' - 0 " X 1 2 " F T G . w 4 - # 4 R E B A R E A . W A Y AT B O T T O M . P R O V I D E 48 " FR O S T D E P T H , (T Y P x 8 ) 2 ' - 4 " 2'- 4 " 3'- 0 " WA L L & D O O R K E Y EX I S T I N G T O R E M A I N EX I S T I N G T O B E R E M O V E D , UN L E S S N O T E D O T H E R W I S E 2'0 " EX I S T I N G D O O R T O B E R E M O V E D EX I S T I N G D O O R T O R E M A I N NE W O R R E L O C A T E D D O O R NE W C O N C R E T E B L O C K F O U N D A T I O N NE W F R A M E D W A L L / F U R R I N G NO R T H PO S S I B L E 6 " CE I L I N G D R O P FO R H V A C EX I S T I N G C A B I N FO O T P R I N T 4 " AR C H I T E C T U R A L SH E A R W A L L D E T A I L AR C H I T E C T U R A L SH E A R W A L L D E T A I L AR C H I T E C T U R A L SH E A R W A L L D E T A I L 1'- 0 " 11 ' - 3 1 / 2 " 2'- 0 " AIR E X C H . AB O V E ST E P 1'- 0 " 1'- 4 " 1 ' - 0 " 4 " 7 ' - 1 1 " 3'- 5 1 / 2 " TH I N V E N E E R S T O N E AD H E R E D T O W A L L 3'-2 " H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CIT Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SIT E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CIT Y V A R I A N C E SU B M I S S I O N - 2 03 - 1 7 - 2 1 Bo a t h o u s e A1 .3 1 BO A T H O U S E EL E V A T I O N S BO A T H O U S E E A S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .3 1 BO A T H O U S E N O R T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 4 A1 .3 1 BO A T H O U S E S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .3 1 BO A T H O U S E W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .3 1 MA I N L E V E L EL E V . 9 3 3 . 5 ' 33 5 ' 9 LE V E 93 3 93 3 3 9 9 93 3 9 93 3 .2 2 93 4 .1 94 6 .2 5 93 33 93 3 2 .2 2 9 4 6 .2 5 93 4 .1 9 46 .2 5 93 3 93 3 .2 2 93 4 .1 93 2 .4 E X I S TI N G G RA D E 9 4 1 94 6 .2 5 PE A K PE R S P E C T I V E A N .T .S . 5 A1 .3 1 PE R S P E C T I V E B N .T .S . 6 A1 .3 1 PE R S P E C T I V E C N .T .S . 7 A1 .3 1 EX I S T I N G B O A T H O U S E GH O S T E D O U T L I N E P E R EL E V A T I O N MA I N L E V E L EL E V . 9 3 3 . 5 ' EX I S T I N G M A I N T .O .R . 9 4 3 . 0 9 ' - 7 " T .O .W . 9 4 4 .0 T .O .W . 9 4 3 .0 1 0 ' - 7 " T .O .W . 9 4 4 .5 1 1 ' - 1 " T .O .W . 9 4 4 .5 T .O .W . 9 4 4 .0 T .O .W . 9 4 3 .0 EX I S T I N G B O A T H O U S E GH O S T E D O U T L I N E P E R EL E V A T I O N T .O .W . 9 4 4 .5 T .O .W . 9 4 4 .0 T .O .W . 9 4 3 .0 MA I N L E V E L EL E V . 9 3 3 . 5 ' MA I N L E V E L EL E V . 9 3 3 . 5 ' AR C H I T E C T U R A L S T O N E SH E A R W A L L D E T A I L 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D AR C H I T E C T U R A L S T O N E SH E A R W A L L D E T A I L 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D AR C H I T E C T U R A L S T O N E SH E A R W A L L D E T A I L AR C H I T E C T U R A L S T O N E SH E A R W A L L D E T A I L H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N - 2 03 - 1 7 - 2 1 A1 .3 2 BO A T H O U S E SE C T I O N 3 ' - 1 0 " 8 ' - 6 " 9 ' - 1 0 1 / 2 " PR O P O S E D P E A K 9 4 3 .4 1 ' - 0 " PE R C I T Y : LO W O P E N I N G = 9 3 3 .5 LO W F L O O R = 9 3 2 .5 BO A T H O U S E S E C T I O N SC A L E : 1 / 2 " = 1 ' - 0 " 3 A1 .3 2 EX I S T I N G B O A T H O U S E PR O F I L E 3 ' - 1 " 2 ' - 9 1 / 2 " 3 1 / 4 " 6 " 93 3 .5 - P R O P O S E D M A I N L O W E R T H A N E X I S T I N G 2 ' - 2 " H I G H E R RO O F 60 M I L E P D M M E M B R A N E ( W H I T E ) TA P E R E D I N S U L A T I O N S Y S T E M ( 1 / 4 " P E R F T .) PI T C H T O P E R I M E T E R G U T T E R S Y S T E M 12 " S I P S R O O F P A N E L S ( R - 4 9 I N S U L A T I O N ) VA P O R B A R R I E R I N T E G R A T E D I N W A L L 1/ 2 " G Y P . B D . F I N I S H 2 L A Y E R S G R A D E ' D ' P A P E R EX T E R I O R W A L L 6" S I P S W A L L P A N E L ( R - 2 4 I N S U L A T I O N ) NE W T E C H W O O D S I D I N G P E R P L A N 1/ 2 " S H E E T R O C K F I N I S H VA P O R B A R R I E R I N T E G R A T E D I N W A L L EX T E R I O R W A L L , T Y P . WA T E R P R O O F M E M B R A N E 8" C I P C O N C R E T E F N D W A L L CR U S H R O C K B A C K F I L L CR U S H R O C K B A C K F I L L 2" R I G I D I N S U A L T I O N FO U N D A T I O N W A L L : 1" M I N . T H E R M A L B R E A K FL O O R S Y S T E M : FI N I S H : E P O X Y / P O L I S H E D O R C O L O R E D C O N C . 4" C O N C . S L A B W / # 4 R E B A R @ 2 4 " O .C . EA . W A Y C E N T E R E D , O N 2 " R I G I D I N S U L A T I O N W/ I N - F L O O R H Y D R O N I C H E A T I N G OV E R M I N . 6 M I L . V A P O R B A R R I E R PL A C E D O N C O M P A C T E D G R A N U L A R M A T E R I A L 1/ 4 " / F T . S I P PR O P O S E D G R A D E VA R I E S A L L S I D E S 12 ' x 8 ' D O O R S H O W E N LA K E S I D E ( S O U T H ) A R C H I T E C T U R A L ST O N E S H E A R W A L L D E T A I L HO U S E S I D E ( N O R T H ) A R C H I T E C T U R A L ST O N E S H E A R W A L L D E T A I L 1 ' - 7 " 1' - 0 " 1/ 4 " / F T . 93 3 .2 - E X I S TI N G M A IN E XI S TI N G P E A K 9 4 6 K .2 93 4 .1 - E X I S TI N G M A I N E XI S TI N G G RA D E L A K E S ID E AT E X I S TI N G L O CA T I ON 1 0 ' - 7 " 1 1 ' - 1 " T . O . S O U T H S H E A R W A L L T . O . N O R T H S H E A R W A L L BO X S T Y L E G U T T E R ,V E R I F Y F I N A L DE T A I L F I E L D V E R I F Y L O C A T I O N OF D .S . O N W E S T F A C E T .O .W . 9 4 3 .0 12 " A R C H I T E C T U R A L FI N W A L L B E Y O N D H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N - 2 03 - 1 7 - 2 1 DW 30 " R E F . 29 ' - 1 0 1 / 2 " 2 1 ' - 5 " 27 ' - 1 0 1 / 2 " 2 0 ' - 5 " GU E S T H O U S E - L O W E R SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .4 GU E S T H O U S E - U P P E R SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .4 56 9 S F 64 0 S F 1' - 0 " 1' - 0 " 1 ' - 0 " 3' 0 " 2' 4 " 63 " EX P . DO O R BE D R O O M 10 ' 6 " x 1 1 ' 4 " KI T C H E N / D I N I N G 16 ' 6 " x 9 ' 0 " LI V I N G 16 ' 6 " x 1 0 ' 4 " BA T H 9' 0 " x 5 ' 6 " 8' x 7 ' 6 ' - 5 " 1 5 ' - 0 " A1 .4 0 GU E S T H O U S E FL O O R P L A N GR A D E P A T I O 23 ' 0 " x 1 2 ' 0 " ST E P EX I S T I N G G U E S T H O U S E F L O O R E L E V . = 9 4 2 .9 ' EX I S T I N G G A R A G E F L O O R E L E V A T I O N = 9 3 3 .8 ' 8 " S T E E L B E A M ( F L U S H ) 6' A R M O I R E 5' x 3 ' T A B L E / I S L A N D VIN Y L TIL E SH O W E R T R A N S O M T R A N S O M ST A C K W/ D MI E L E WW H 8 6 0 W C S LI N E N B E N C H W / H O O K S 8' x 7 ' 8' x 7 ' 2 ' - 4 1 / 2 " 2' 8 " 6' - 0 " 8' - 1 1 1 / 4 " 8' - 1 1 1 / 4 " 6' - 0 " 1 5 ' - 0 " 6 ' - 5 " SO F F I T E .P . ON - DE M A N D B O I L E R PO S S I B L E MI N I - S P L I T WA L L U N I T KO H L E R AR C H E R WI N D O W WI N D O W 2 0 ' - 5 " 1 ' - 0 " 2 1 ' - 5 " 2 ' - 2 1 / 2 " 27 ' - 1 0 1 / 2 " 1' - 0 " 1' - 0 " 5' - 0 1 / 2 " 3' - 4 1 / 4 " 7' - 9 1 / 8 " 7' - 0 3 / 8 " 2 ' - 2 1 / 2 " 9 ' - 8 1 / 2 " 5' - 0 " 6' - 2 3 / 4 " 2' - 8 1 / 2 " 8' - 1 1 1 / 4 " 5' - 0 " 1 1 ' - 1 1 3 / 4 " 4' - 8 1 / 4 " 3 ' - 8 1 / 4 " 5 ' - 0 " P . O . 8 " S T E E L B E A M ( F L U S H ) PO I N T L O A D AB O V E 9- 1 / 2 " 2 3 0 T J I JO I S T S @ 1 6 " O .C . 9- 1 / 2 " 2 3 0 T J I JO I S T S @ 1 6 " O .C . 9- 1 / 2 " 2 3 0 T J I JO I S T S @ 1 6 " O .C . 8" S T E E L B E A M ( F L U S H ) 3' x 3 ' C L E A R A N C E FO R E .P . WO O D F L O O R O V E R L A Y W/ R U B B E R F O R S L E D TR A C T I O N WA L L L I N E A B O V E SH O W N I N B L U E V A U L T E D C E I L I N G W / 1 2 " S I P S WA L L & D O O R K E Y EX I S T I N G T O R E M A I N EX I S T I N G T O B E R E M O V E D , UN L E S S N O T E D O T H E R W I S E 2' 0 " EX I S T I N G D O O R T O B E R E M O V E D EX I S T I N G D O O R T O R E M A I N NE W O R R E L O C A T E D D O O R NE W C O N C R E T E B L O C K F O U N D A T I O N NE W F R A M E D W A L L / F U R R I N G NO R T H PR O P O S E D G U E S T H O U S E F L O O R E L E V . ( + .7 ' ) = 9 4 3 .6 ' PR O P O S E D G A R A G E F L O O R E L E V A T I O N ( + .5 ' ) = 9 3 4 .3 ' 93 4 .3 ' 94 3 .6 ' EX I S T I N G G U E S T H O U S E FO O T P R I N T , P E R S U R V E Y G . T . G . T . 8' 0 " C E I L I N G 7' 2 " C E I L I N G 8' 0 " C E I L I N G 3 0 " R A N G E A N D H O O D (3 ) 1 6 " L V L R I D G E B E A M W A L L B E L O W V O I D V O I D 1 0 ' - 8 1 / 2 " 1 ' - 0 " VA R I E S @ 9 4 3 .0 ' (3 ) 5 - 1 / 2 " L V L (F L U S H ) (3 ) 5 - 1 / 2 " L V L (F L U S H ) (3 ) 5 - 1 / 2 " L V L (F L U S H ) (2 ) 7 - 1 / 2 " L V L (2 ) 7 - 1 / 2 " L V L (2 ) 7 - 1 / 2 " L V L H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N 03 - 1 7 - 2 1 Ca r r i a g e H o u s e EA S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 3 A1 .4 1 NO R T H E L E V A T I O N ( S T R E E T S I D E ) SC A L E : 1 / 4 " = 1 ' - 0 " 2 A1 .4 1 A1 .4 1 GU E S T H O U S E EL E V A T I O N S WE S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 4 A1 .4 1 2 1 ' - 3 1 / 2 " GF E = 9 GF E = 9 GF E = 9 GF E 9 33 8 33 8 33 8 33 . 8 WO E = 9 4 2 WO E .9 G FE= 94 2 .9 9 9 9 9 9 9 GFE = 9 3 GFE = 9 3 GFE = 9 3 GFE 9 3 3 3 3 3 .8 8 8 .8 GFE = 9 4 2 .9 9 9 9 9 WE S T FA C E T SO U T H E L E V A T I O N ( P R O P E R T Y S I D E ) SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 .4 1 1 9 ' - 4 " GF E = 9 3 GF E = 9 3 GF E 9 3 3 3 3 .8 8 .8 G G GF E = 9 4 G G 2 .9 EX I S T I N G G U E S T H O U S E GH O S T E D O U T L I N E P E R EL E V A T I O N BU R I E D F O U N D A T I O N PR O P O S E D 9 3 4 .3 ' PR O P O S E D 9 4 3 .6 ' PR O P O S E D 9 5 3 .6 ' EX I S T I N G 9 5 5 .0 ' EX I S T I N G 9 3 3 .8 ' EX I S T I N G 9 4 2 .9 ' EX I S T I N G 9 3 3 .8 ' EX I S T I N G 9 4 2 .9 ' WE S T E L E V A T I O N SC AL E : 1 /4 " = 1 '-0 " 4 A1 A .41 SO U T H P E R S P E C T I V E N .T .S . 5 A1 .4 1 NO R T H P E R S P E C T I V E N .T .S . 6 A1 .4 1 PR O P O S E D 9 3 4 .3 ' PR O P O S E D 9 4 3 .6 ' PR O P O S E D 9 5 3 .6 ' EX I S T I N G 9 5 5 .0 ' H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CIT Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SIT E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CIT Y V A R I A N C E SU B M I S S I O N 03 - 1 7 - 2 1 6" S I P S W A L L P A N E L ( R - 2 4 I N S U L A T I O N ) OP T I O N F O R 2 X 6 S T U D S @ 1 6 " O .C . W/ S P R A Y U R T H A N E I N S U L 2 L A Y E R S G R A D E ' D ' P A P E R NE W T E C H W O O D S I D I N G O R PE R P L A N S T O N E V E N E E R 1/ 2 " S H E E T R O C K F I N I S H VA P O R B A R R I E R I N T E G R A T E D I N W A L L EX T E R I O R W A L L WA T E R P R O O F M E M B R A N E 8" C I P C O N C R E T E F N D W A L L CR U S H R O C K B A C K F I L L CR U S H R O C K B A C K F I L L 2" R I G I D I N S U A L T I O N FO U N D A T I O N W A L L : FL O O R S Y S T E M : FI N I S H : E P O X Y / P O L I S H E D O R C O L O R E D C O N C . 4" C O N C . S L A B W / # 4 R E B A R @ 2 4 " O .C . EA . W A Y C E N T E R E D , O N 2 " R I G I D I N S U L A T I O N W/ I N - F L O O R H Y D R O N I C H E A T I N G OV E R M I N . 6 M I L . V A P O R B A R R I E R PL A C E D O N C O M P A C T E D G R A N U L A R M A T E R I A L 9 ' - 6 " 8 ' - 6 " + / - 1 0 1 / 4 " 7 ' - 6 " 1 0 7 / 8 " 1 1 1 / 4 " H E E L J O I S T B E A R I N G 12 2 12 1+ / - FL O O R S Y S T E M : FI N I S H : E N G I N E E R E D W O O D / V I N Y L / T I L E 9- 1 / 2 " T J I 2 1 0 @ 1 6 " O .C . R- 3 0 M I N . S P R A Y U R A T H A N E I N S U L A T I O N OP T I O N A L I N - F L O O R H Y D R O N I C H E A T I N G VA P O R B A R R I E R I N T E G R A T E D W / U R A T H A N E 5/ 8 " T Y P E ' X ' G Y P . B D . H E E L OP T I O N A L T O F R A M E DO W N C E I L I N G TO C O N C E A L R I D G E B E A M LO W C L E A R A N C E GA R A G E D O O R SY S T E M PO S S I B L E I N S U L A T E D S O F F I T FO R D U C T S 1 0 " 2' - 4 " RO O F ST A N D S E A M M E T A L R O O F IC E & W A T E R E N T I R E R O O F PR E P F O R H O T R O O F S Y S T E M 12 " S I P S R O O F P A N E L S ( R - 4 9 I N S U L A T I O N ) OP T I O N A L 2 x 1 2 R A F T E R S ( W / S P R A Y I N S U L .) VA P O R B A R R I E R I N T E G R A T E D I N W A L L 1/ 2 " G Y P . B D . F I N I S H VE R I F Y G U T T E R S Y S T E M WA T E R P R O O F M E M B R A N E 8" C I P C O N C R E T E F N D W A L L CR U S H R O C K B A C K F I L L CR U S H R O C K B A C K F I L L 2" R I G I D I N S U A L T I O N FO U N D A T I O N W A L L : 4 ' - 0 " M I N . F R O S T F T G . 6 ' - 9 1 / 2 " F R A M I N G H T . W I N D O W H T . 1 ' - 4 1 / 2 " DI F F E R E N C E 1 ' - 1 1 / 8 " H E E L NE W C O N C . P A T I O GU E S T S E C T I O N SC A L E : 1 / 2 " = 1 ' - 0 " 1 A1 .4 2 F O U N D A T I O N 8 ' - 1 1 / 8 " A1 .4 2 GU E S T H O U S E SE C T I O N / D E T A I L S F R A M I N G H E I G H T 6 " R A I S E 8 3 / 4 " 94 2 . 5 PR O P O S E D GF E = 9 3 4 .3 ' PR O P O S E D WO E = 9 4 3 .6 ' EX I S T I N G GF E = 9 3 3 . 8 EX I S T I N G WO E = 9 4 2 .9 2 1 ' - 3 1 / 2 " 1 9 ' - 4 " 6 " 1 ' - 5 1 / 2 " EX I S T I N G S T R U C T U R E PR O F I L E I N MA G E N T A EX I S T I N G W O O D DE C K / B R I D G E 12 10 EX I S T I N G S T R U C T U R E PR O F I L E I N MA G E N T A CR U S H E D R O C K B A C K F I L L TO A L L O W F O R P R O P E R D R A I N A G E SL O P E 1 / 4 " / F T 9 ' - 4 " 8 ' - 4 1 / 4 " 1 ' - 7 3 / 4 " H O L L A N D C O V E 1 3 9 5 O R O N O L A N E O R O N O , M N 5 5 3 9 1 Co p y r i g h t © 2 0 2 1 J A L I N D e s i g n CI T Y R E V I E W 02 - 2 2 - 2 1 CO N C E P T SI T E R E V I E W 01 - 0 6 - 2 1 CO N C E P T RE V I E W 02 - 1 2 - 2 1 CO N C E P T RE V I E W 02 - 1 6 - 2 1 WA T E R R E S O U R C E PE R M I T S U B M I S S I O N 03 - 0 5 - 2 1 IS S U E S / R E V I S I O N S DA T E ST R U C T U R A L RE V I E W 03 - 1 2 - 2 1 CI T Y V A R I A N C E SU B M I S S I O N 03 - 1 7 - 2 1 Created: 2021-05-30 12:16:52 [EST] (Supp. No. 19, Update 3) Page 1 of 4 Sec. 78-305. LR-1A district—Area, height, lot width, setbacks, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements: Lot Area (Minimum): 2.0 acre. Lot Width (Minimum): 200 feet. Height: Maximum 30 feet defined height; accessory buildings may not exceed height of principal building. Setbacks: Street/Front (feet) Interior Side (feet) Side Street (feet) Rear/Street (feet) OHWL* (feet) Wetland (feet) Principal Building 50 30 30 50 75/100/150 + ALS 25 or MCWD buffer Accessory Building (AB) <1,000 sf 50 15 30 15 75/100/150 + ALS 25 or MCWD buffer Oversize Accessory Building (OAB) >1,000 sf 50 30 30 50 75/100/150 + ALS 25 or MCWD buffer Accessory Structures (AS) 25 15 15 15 75/100/150 + ALS 25 or MCWD buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. (b) Exceptions: (1) Side yard setback. For lots that are non-conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. (2) Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.23(6); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 4, 6-27-2016; Ord. No. 199 3rd series, § 2, 6-12-2017; Ord. No. 222 3rd series, § 7, 12-10-2018) Created: 2021-05-30 12:16:58 [EST] (Supp. No. 19, Update 3) Page 2 of 4 Sec. 78-1125. Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (b) Accessory structures. As an alternative to the fill requirements of section 78-1125(a), structures accessory to the uses identified in section 78-1124 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided that: (1) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (3) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with section 78-1125(a) of this article, or if allowed as a conditional use under section 78-1126(3) below. (d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (e) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. (f) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (g) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (h) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city. (i) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated Created: 2021-05-30 12:16:58 [EST] (Supp. No. 19, Update 3) Page 3 of 4 to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (one percent chance) flood. (j) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. (k) Manufactured homes and recreational vehicles must meet the standards of division 9 of this article. (Ord. No. 177 3rd series, § 1, 9-12-2016) Sec. 78-1279. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (1) Building, structure, and on-site sewerage system setbacks (in feet) from ordinary high water level: Public Water Classification Setbacks Building/Structure Sewage Treatment System Unsewered Sewered NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional building and structure setbacks. The following additional setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the Shore Setback zone. Created: 2021-05-30 12:17:00 [EST] (Supp. No. 19, Update 3) Page 4 of 4 (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 most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. (Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004; Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series, § 1, 8-10-2015; Ord. No. 222 3rd series, § 19, 12-10-2018; Ord. No. 234 3rd series, § 1, 10-14-2019; Ord. No. 243 3rd series, § 2, 4-13-2020) Sec. 78-1680. Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1700. Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. (Ord. No. 94 3rd series, § 11, 9-24-2012) AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. The current request is to waive Planning Commission review of a Conditional Use Permit and/or Variance for the modified application pursuant to City Code Sections 78-122 and 78-912. 2. MN§15.99 Application Deadline. The application was received on March 17, and considered to be complete on March 30th. Due to the tabling on May 10th the 60-day deadline has been extended until July 28, 2021. Background/ Summary. On May 10th the Council discussed the applicant’s request for variances for two separate accessory buildings. The Council supported the setback variances relating to the reconstruction of the carriage house, however did not support relocation of the boathouse away from the lake. In order to comply with the Floodplain Regulations and maintain the same location and footprint, the applicant will either need to elevate the boathouse on fill (which will require a variance) or create a floodable foundation which requires a conditional use permit. The applicant and property owner are in the process of evaluating the project to determine their best path forward. Because both options require an additional public hearing, staff is requesting the Council waive the Planning Commission’s review of the public hearing and hold the public hearing following the required publication. The Ordinance allows the Council to waive Planning Commission review, by unanimous consent. 3. Staff Recommendation. Staff recommends the Council vote to waive reference of the additional public hearing to the Council on June 14th. COUNCIL ACTION REQUESTED Motion to waive the Planning Commission’s review of the forthcoming land use application relating to LA21-000026 (Boathouse). Exhibits Exhibit A. City Code Sections Exhibit B. Draft Council Minutes 05/10/2021 Exhibit C. Council Staff Report 05/10/2021 Item No.: # Date: 24 May 2021 Item Description: #LA21-000026, JALIN Design LLC o/b/o Tim Holland, 1395 Orono Lane, Variances Presenter: Melanie Curtis Planner Agenda Section: Consent AGENDA ITEM Prepared By: Reviewed By: A.Carlson Approved By: 1.Purpose. The purpose of this action item is meet the requirements of the City’s Municipal Separate Storm Sewer System permit. (MS4) 2.Background. The City of Orono holds a MS4 permit under the National Pollutant Discharge Elimination System (NPDES) program for operation of the City’s stormwater drainage system. The NPDES is a national regulatory program under the jurisdiction of the US Environmental Protection Agency (EPA), and is administered at the State level by the Minnesota Pollution Control Agency (MPCA). 3.Requirement. A requirement of the permit is that an Annual Report be prepared and submitted to the MPCA. Staff has prepared the report, and will submit to the MPCA after this meeting. One component of the report is that the City must hold a Public Meeting. The meeting must provide a summary of the City’s Storm Water Pollution Prevention Program (SWPPP), the activities of the City for the past calendar year in regards to the permit requirements, and must afford the opportunity for public input and comment. 4.Action. There will be a short presentation as part of the public meeting. COUNCIL ACTION REQUESTED Conduct a public meeting to receive public input and comments regarding the City of Orono’s SWPPP Item No.: 12 Date: June 28, 2021 Item Description: Annual Public Meeting for MS4 Storm Water Permit Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Presentation Prepared By: Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this item is to review and approve a contract for the City of Orono to provide Public Works (PW) support to the City of Spring Park (SP). 2. Background. In December of 2019 Spring Park staff reached out to Orono staff to explore the possibility of the City of Orono providing public works support to Spring Park. The City of Spring Park currently contracts out their public works support. Their primary contract is with People Service which expires in September of 2021. In June of 2020 the City Council provided staff guidance on proceeding with negotiations with Spring Park. Based on feedback from the May 24th, 2021 Council meeting the City Attorney and Administrator prepared a draft agreement. The City Council for Spring Park approved the Agreement on June 21st, 2021. 3. Agreement Summary. Per the agreement the City of Orono would provide standard public works support to the city of SP including water, sanitary sewer, streets, storm water and parks maintenance in a manner consistent with how those services are provided to the City of Orono. The one key service not included is snow and ice removal, which SP will contract separately. 4. Cost. The baseline fee to SP for service will be $191,000 per year adjusted annually based on the COLA rate in the PW Collective bargaining Agreement. 5. Way Forward. SP’s current contract ends at the end of August 2021 so we will need to be ready to provide services by September 1st. Council Action Requested: Motion to approve the agreement attached at Exhibit A for the provision of Public Works Support to the City of Spring Park. Exhibits A. Agreement Item No.: 13 Date: June 28, 2021 Item Description: Provision of Public Works Service to the City of Spring Park by the City of Orono Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: City Administrator/ City Engineer Report June 28th, 2021 Agreement review/ Approved by Orono Council July-Aug 2021 Establish Administrative procedures and systems (GIS, Cartegraph, invoicing.) July-Aug 2021 Familiarization and training for Orono PW staff Sep 1st 2021 Orono Provides PW support to Spring Park 1 AGREEMENT FOR STANDBY SERVICE This Agreement (“Agreement”) is made effective this ____ day of __________________ 2021, by and between the City of Orono, a Minnesota municipal corporation (“Orono”), and the City of Spring Park (“Spring Park”), a Minnesota municipal corporation. 1. Purpose. This Agreement provides that Orono shall furnish public works services to Spring Park based upon the terms and conditions described herein, under authority of Minn. Stat. § 471.59. 2. Responsibilities of Spring Park. a. Maintain and make available to Orono all information necessary to perform public works services. b. Provide access to facilities and infrastructure to Orono Public Works Personnel. c. Pay to Orono all amounts due hereunder in a timely fashion, including but not limited to the cost of repairs, parts, and material supplied by Orono, and the charges from independent contractors of Orono. d. Continue to provide sufficient capital investment in city infrastructure and facilities to ensure their long term viability. 3. Responsibilities of Orono. a. Perform Public Works Services for Spring Park as described in Exhibit A. b. Orono shall submit to Spring Park a monthly report of services rendered and charges due in such detail as Spring Park may reasonably require, as well as periodic suggestions related to the services. Orono shall provide inspection reports, timesheets, invoices, receipts, and other information for the permanent records kept by Spring Park. c. Provide a monthly, written report to designated officials of Spring Park, summarizing plant performance, production, flows, major projects or accomplishments, and preventive and corrective maintenance activities for the month. 4. Level of Public Works Services Provided. Orono agrees to furnish public works services to Spring Park 24 hours per day, seven days a week at the same level and quality as rendered to the citizens of Orono. The manner and means of performing the services are to be determined by Orono, except as specifically provided to the contrary in this agreement. 5. Personnel, Employees of Orono. Orono shall retain all obligations with regard to the salary, workers’ compensation benefits, PERA, health insurance, and other benefits of such employees that Orono may offer to its employees. Orono shall retain full control of the way the work and other matters incidental to the performance of services is performed pursuant to this Agreement. Nothing in this Agreement shall be construed to obligate Orono to provide benefits to employees who are not eligible for those benefits. Spring Park shall have none of the responsibilities which arise out of the employer-employee relationship with respect to personnel assigned by Orono to provide services hereunder, except as provided in paragraph 9. 6. Equipment. Vehicles, tools, and equipment used in the performance of this Agreement shall remain the property of Orono. Equipment that is a permanent part of or specific to Spring Park facilities and infrastructure are the property and responsibility of Spring Park, and Spring Park shall be responsible for 2 replacement and repair of said equipment as needed. Spring Park waives any claim it may have against Orono for damage to its equipment. 7. Cooperation and Assistance. Spring Park shall provide full cooperation and assistance to Orono, its agents, and employees in rendering of these services. 8. Duration of Contract. The initial term of this agreement shall be five (5) years commencing on September 1, 2021, and the Agreement shall automatically be extended for additional five (5) year terms without any action of the parties. The parties acknowledge that they must follow the termination procedure in paragraph 9 if they wish to avoid the automatic renewal of this Agreement. 9. Termination of Agreement. This Agreement shall be in full force and will automatically continue unless terminated by either party. In order to terminate this Agreement, a party must provide written notice to the other party at least one (1) year in advance of termination. If notice of termination is properly given, this Agreement shall terminate as of the date set forth in the notice, which shall not in any event be less than one (1) year from the date of said notice. Any amounts due to Orono shall become immediately due and payable on the date this Agreement terminates. If Spring Park terminates this Agreement before the conclusion of any five-year term, then Spring Park shall be responsible for any unemployment claims that arise from the termination of this agreement for a period of two (2) years from the termination date. If Orono provides notice to terminate this Agreement at the end of a five-year term, Orono shall be responsible for any unemployment claims that arise from the termination. 10. Cost to Spring Park. For and in consideration of the rendition of the services, Spring Park shall make payments to Orono as follows: a. Baseline Public Works Services Cost. $191,000.00 per year. The amount will be paid in twelve (12) monthly installments. This annual rate shall be adjusted annually based on the COLA rate change per the Orono Public Works Collective bargaining agreement. b. Pass through costs. Any supplies or materials will be passed through for Spring Park to pay directly or will be billed to Spring Park at cost. Any overtime beyond the 100 hours per year included in the baseline rate will be billed directly to Spring Park as it occurs at the current overtime rates. Applicable rates will be provided to Spring Park on an annual basis as the Orono fee schedule is approved. c. Software Costs. Cost associated with maintaining the software licenses, database management for asset management, and GIS will be passed through to Spring Park at cost. d. Cost Review. One year after the effective date of this Agreement, an audit of actual expenses associated with the Baseline Public Works Services Cost will be reviewed. Upon agreement by both parties, the Baseline Public Works Services Cost may be adjusted. The adjustment shall be no more than ± 7% and said adjustment shall cover Orono’s expenses and administrative costs. If the parties are unable to reach a mutual agreement regarding an adjustment of the Baseline Public Works Services Cost, then the Baseline Public Works Services Cost shall remain the same. e. Implementation Costs. Spring Park shall reimburse Orono for the cost associated with training and familiarizing Orono Staff with Spring Park infrastructure. These costs shall not exceed $9,000. 3 11. Invoicing. Orono shall bill Spring Park within 15 days after the last day of each month for which services were rendered, and Spring Park shall remit payment thereon by the first day of the month following receipt of the bill. 12. Emergency Repair Authority. During emergencies or in response to infrastructure issues after hours, Spring Parks authorizes Orono Staff to make repairs or contract for repairs up to $15,000. Orono staff will contact Spring Park City Administrator as soon as practical to get authorization for any additional .repairs that may be required. 13. Insurance. Orono shall maintain workers’ compensation insurance as required by law covering its own personal and commercial general liability insurance, or its equivalent, in the amount of not less than $2,000,000 per occurrence. Orono shall add Spring Park as an additional insured to its liability coverage. Orono shall furnish Spring Park with a certificate of insurance as to the policies in force. In addition, Orono shall require any independent contractors providing services in Spring Park to procure and maintain insurance with limits of liability not less than those provided herein. 14. Indemnification and Liability. Each party shall be liable for the acts or omissions of its respective officers, agents and employees. Each party agrees to indemnify and hold harmless the other from any claims, losses, costs, expenses or damages, including reasonable attorney fees, resulting from the acts or omissions of the respective officers, agents or employees of the indemnifying party to the extent such acts or omissions relate to activities conducted by the indemnifying party under this Agreement. Nothing herein shall be deemed a waiver of any statutory or common law limitations on liability available to either of the parties. For the purposes of determining total liability, the parties shall be considered a single governmental unit pursuant to Minnesota Statutes, Section 471.59, subd. 1a, and their total liability shall not exceed the limits for a single governmental unit as specified in Minnesota Statutes, Section 466.04. 15. Data Practices. The parties agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. The parties understand that all of the data created, collected, received, stored, used, maintained, or disseminated by Orono or Spring Park pursuant to this Agreement is subject to the requirements of Chapter 13, and the parties must comply. 16. Waiver. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 17. Entire Agreement. It is understood that this Agreement contains the entire Agreement between Orono and Spring Park and that no statement, promise, or inducement made by any party hereto, or officer, agent or employee of either party hereto which is not contained in this written Agreement shall be valid or binding; this Agreement may not be enlarged, modified, or altered except in writing signed by the parties endorsed hereon. It is expressly understood between the parties hereto, and this understanding shall be considered when interpreting the provisions of this Agreement, that upon notice given by any party hereto, good faith 4 negotiations may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this Agreement which appear to be unworkable. Any mutually acceptable change to the original provisions of this Agreement shall be written and attached to the Agreement as provided above and any such revision, addition, or deletion shall only apply to the provision revised, added or deleted, and the remainder of the Agreement shall remain in full force and effect. 18. Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in Hennepin County, Minnesota. 19. Official Notices. All notices shall be in writing and considered to have been duly given if sent by first class certified mail or delivered to the address as set forth below by reputable overnight delivery service or local messenger, or to such other address as such party may hereafter designate by written notice to the other party. Notices given by certified mail shall be effective two (2) business days after their postmark; notices delivered by overnight delivery service or local messenger shall be effective upon receipt or refusal of receipt; and notices by email shall be effective upon delivery, provided that if an email notice is delivered after 5:00 PM or on a non-business day, then such email notice shall be effective on the next business day. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notice by or to a party shall be effective if delivered by or to such party's attorney. To Spring Park: City of Spring Park 4349 Warren Avenue Spring Park, MN 55384 To Orono: City of Orono, Minnesota Orono City Hall 2750 Kelley Parkway Orono, MN 55356 Attn: City Administrator Copy to: Campbell Knutson, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Attn: Soren Mattick 5 IN WITNESS WHEREOF, the City of Orono and the City of Spring Park have executed this Contract this __________ day _______________ 2021. City of Orono ________________________________________________ Mayor Dennis Walsh Attest: ________________________________________________ Anna Carlson, City Clerk City of Spring Park ________________________________________________ Mayor Attest: ________________________________________________ City Clerk 6 Exhibit A Services to be provided by Orono Orono Public Works will: 1. Maintain Spring Parks Water and Waste Water Systems. Provide the personnel necessary to manage, operate, and maintain Spring Park’s water production, treatment, storage and distribution facilities as well as the wastewater collection system to achieve optimum performance and to maintain equipment for system integrity. A. Monitor, sample, analyze, and report as required by the Minnesota Department of Health (MDOH) in matters related to municipal water supply. Process control testing include those tests necessary to maintain the daily operation of the water treatment system (pH, iron and manganese, chlorine residual, etc.). Any additional testing required by regulatory agencies such as but not limited to bacteria, inorganic chemicals, synthetic organic chemicals and volatile organic chemicals will be sent to a commercial laboratory for completion. The cost of shipping and the laboratory analysis of the samples shall be the responsibility of Spring Park. B. Monitor, sample, analyze, and report as required by any agreement between Spring Park and the Met Council with respect to the wastewater pumped to the Met Council for treatment. For any testing required by the Met Council, Orono shall collect the samples and send them to a commercial laboratory for analysis. The cost of shipping and the laboratory analysis of the samples shall be the responsibility of Spring Park. C. Act as liaison between Spring Park and the MDH, DNR, and Met Council in matters relating to compliance with water quality and discharge requirements, and other liaison activities, as required. D. Implement the use of a comprehensive, preventative maintenance program in an attempt to ensure the projected life expectancy of water plant equipment, and enforce existing equipment warranties and guarantees, and maintain all warranties on any new equipment purchased after the effective date of this Agreement. E. During normal business hours, complete all requests for customer "turn-ons" and "turn-offs". F. Replace malfunctioning water meters and curb stops. Spring Park shall provide the meters and supplies necessary for these activities. Orono Public Works shall read the water meters quarterly, providing the readings to Spring Park's staff, and will complete any requested "re-reads" and "final reads". Spring Park shall be responsible for hiring a contractor to conduct the mass change out of meters. G. Flush and inspect fire hydrants a minimum of once each year, performing hydrant maintenance and lubrication as necessary. H. Inspect and exercise water main valves a minimum of once per year. I. Orono Public Works will be responsible for coordinating any repairs to the water distribution or wastewater collection systems, using contractors approved by Spring Park. J. Monitor the operation of the wastewater collection system lift stations and conduct a visual inspection of each at least weekly. Coordinate the annual cleaning of and any required repairs of the six wastewater collection system lift stations including generators. K. Complete all water/sewer line, storm sewer, and municipal streetlight locates of the portions of the system owned by the city and requested by the Gopher State One Call System. Any fees for participating in this program shall remain the responsibility of Spring Park. L. Clean/flush/vacuum sewer mains and structures as needed and ensure 100% of sewer mains are flushed a minimum of once every 5 years. Inspect and coordinate the cleaning of known problem areas within the sanitary sewer system as needed. M. Inspect all new water/sewer service lines connecting to Spring Park’s water and sewer mains. 7 N. Maintain cleanliness of water process equipment and building, and general appearance of all buildings and grounds, and conduct operations such that nuisances of sight, sound, and odor are eliminated or minimized to the extent reasonably possible. Spring Park shall be responsible for all snow removal, grass mowing, and the maintenance of access to the facilities. 2. Maintain Spring Parks Streets. A. Street sweeping of all city streets twice annually (spring and fall) and spot sweep as necessary. B. Completing repairs and maintenance as needed C. Coordinating and scheduling painting of crosswalks and pavement striping by contractors. D. Installing, inspecting and repairing signs. E. Posting road restrictions F. Cutting grass and weeds at intersections as needed G. Coordinating maintenance of city owned streetlights H. Installing and removing banners, flags, and decorations on municipal street lights. I. Periodically inspect sidewalks and coordinating repairs and maintenance as needed. J. Orono Public Works will be responsible for coordinating repairs and contracted preventive maintenance activities of city streets and sidewalks using contractors approved by Spring Park. K. Spring Park will remain responsible for coordinating and scheduling snow removal from streets and sidewalks. 3. Maintain Spring Parks Storm Sewer. A. Cleaning culverts and drains B. Picking up debris in ditches and retention basins C. Completing minor repairs and maintenance as needed D. Perform routine inspections of the system. E. Coordinating for major repairs to the City's storm water system using contractors approved by Spring Park. F. Assist with the completion of routine stormwater reports and activities as required by MPCA, DNR, and MCWD. 4. Maintain Spring Park's parks, City Hall , trees and tennis court by: A. Coordinating and inspection contracted park maintenance. B. Spot mowing and trimming as necessary. C. Trimming public trees as necessary. D. Coordinating and scheduling substantial tree removal and trimming work with contractors, which shall be hired by Spring Park. E. Inspecting, installing and repairing all park and tennis court equipment as necessary. F. Cleaning up debris. G. Managing weeds as necessary. H. Maintaining park parking lots. I. Maintaining and repairing City Hall and adjoining green space. J. Maintaining various public right-of-way areas throughout the City. K. Coordinating as necessary with landscaping and beautification contractor. L. Maintain and coordinate contracted maintenance and repair of water fountains and irrigation systems as needed using contractors approved by Spring Park. M. Conduct annual playground safety inspections. 5. Completing miscellaneous tasks, such as but not limited to the following: A. Directing and supervising contractors and vendors. Spring Park's contractors will be responsible for providing the personnel, supplies and equipment necessary to complete assigned 8 repairs. Spring Park or its contractor shall also be responsible for the removal, replacement, and resurfacing of all streets or private property, and Spring Park shall be responsible for any associated expenses. B. Maintaining working knowledge of equipment and machinery used throughout the City. C. Prepare and maintain logs of all activities for accurate assessment of costs. D. Maintain all City owned property, buildings, and equipment in a clean and orderly manner. E. Work with engineers and building inspector on all required projects. F. Assist in the preparation of yearly departmental budgets. G. Attend City Council meetings as necessary. 6. City Services. Orono will provide Spring Park residents substantially similar access to services provided by the Orono public works as the citizens of Orono do. These services are subject to change but currently consist of spring and fall cleanup days, brush site, leaf and grass clippings drop off, compost and wood chip pick up point, and the annual Christmas tree drop off points. 7. Coordinate and cooperate with Spring Park's engineer and contractors to facilitate the completion of any expansion or improvement to the facilities.