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03-09-2020 Council Packet
Agenda Council Meeting Monday, March 9, 2020 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of February 24, 2020 2. Council Work Session Minutes of February 24, 2020 3. Claims/Bills 4. Approval of Rental License 5. Park Commission Schedule Revision 6. Parks Mowing Services 7. Appointment of Seasonal Employees 8. 2020 Road Maintenance Project – Award 9. Appointment of Planning Commissioners – Resolution 10. LA19-000097 – City of Orono Text Amendment Related to Dock Licensing 11. LA19-000063 – City of Orono Text Amendment Related to Special Events 12. LA20-000007 – Revision LLC o/b/o Dennis & Cynthia Bremer, 1030 Tonkawa Rd, CUP – Resolution 13. LA20-000010 – Jamison Kohout o/b/o Real Assets LLC, 1645 Shadywood Road, Final Plat: Leslie Lakeview Estates – Resolution Public Comments – (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report (Planning Commission Representative – Chris Bollis) 14. LA20-000005 – Gordon James Construction o/b/o David & Lynn Gutermuth 2665 Casco Point Road , After-the-Fact Variances 15. LA19-000091 – City of Orono, Text Amendment Related to Grading and Land Alterations 16. LA19-000103 – City of Orono, Text Amendment Related to Dock Permitting, Joint Use Dock Licensing, and Marina Licensing 17. LA20-000003 – John Newell - 1485 Sixth Ave N - Sketch Plan 18. LA19-000102 – Kevin Clark o/b/o YMCA Greater Twin Cities, 135 Orono Orchard Road 19. LA20-000009 – Don Gamble o/b/o Richard A and Kim A Edwards, 2480 and 2474 Carman Street, Sketch Plan 20. City of Orono Fee Schedule Agenda Council Meeting Monday, March 9, 2020 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us Mayor/Council Report City Administrator Report City Attorney Report Adjournment Upcoming Events 2020 03-16-20 Planning Commission Meeting, Monday, 6:00 p.m. (Matt Johnson) 03-30-20 Council Work Session, Monday, 5:00 p.m. 03-30-20 City Council Meeting, Monday, 6:00 p.m. 04-13-20 Council Work Session, Monday, 5:00 p.m. 04-13-20 City Council Meeting, Monday, 6:00 p.m. 04-20-20 Planning Commission Meeting, Monday, 6:00 p.m. (Dennis Walsh) 04-27-20 Council Work Session, Monday, 5:00 p.m. 04-27-20 City Council Meeting, Monday, 6:00 p.m. 05-04-20 Park Commission Meeting, Monday, 6:00 p.m. 05-11-20 Council Work Session, Monday, 5:00 p.m. 05-11-20 City Council Meeting, Monday, 6:00 p.m. 05-18-20 Planning Commission Meeting, Monday, 6:00 p.m. (Richard Crosby) 05-25-20 Official Holiday, City Offices Closed 05-26-20 Council Work Session, Tuesday, 5:00 p.m. 05-26-20 City Council Meeting, Tuesday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 15 ROLL CALL The Orono City Council met on the above -mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, II, and Matt Johnson. The following members were absent: Aaron Printup and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Accountant Maggie Ung, Development Director Jeremy Barnhart, City Planner Laura Oaken, Public Works Director/City Engineer Adam Edwards, and City Attorney Soren Mattick. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF FEBRUARY 10, 2020 2. COUNCIL WORK SESSION MINUTES OF FEBRUARY 10, 2020 3. CLAIMS/BILLS 4. DISPOSAL OF FIREARMS 5. APPOINTMENT OF SEASONAL EMPLOYEES 12. APPOINTMENT OF PARK COMMISSIONERS – RESOLUTION NO. 7075 Crosby moved, Johnson seconded, to approve the Consent Agenda as revised, with Item No. 12 being added to the Consent Agenda. VOTE: Ayes 3, Nays 0. PUBLIC COMMENTS Mr. Rich Anderson, representing North Shore Marina, said they sponsored several years ago and he is very excited to be involved in the process. They committed to four years and he sees no reason to not keep doing so. He prese nted a $2,500 check to Mr. Rief. Crosby moved, Johnson seconded, to accept the gift of $2,500 from North Shore Marina. VOTE: Ayes 3, Nays 0. Crosby thanked Mr. Anderson for his and North Shore Marina's generosity, adding that he is a great partner to the community and the Council appreciates it. Mr. Anderson said when Walsh was running for office he talked about public/private partnerships and it stuck with him. Early on they donated the land for the sewer backup generator and other things. He has made a living in the community and it's a pleasure to be able to give it back. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 15 Walsh noted that Mr. Anderson is an outstanding supporter of the community. He presented Mr. Anderson with a picture of him taking the oath as an LMCD representative. The City Council posed for a picture with Mr. Anderson. PRESENTATION 6. CITY PROSECUTOR ANNUAL UPDATE – STEVE TALLEN Mr. Steve Tallen reported that nothing too unusual has taken place since his last report. His fees were $32,592. The total revenue brought in from fines and bail forfeitures was $73,492.65. They are not in the business of making money but are trying to administer things fairly. Sometimes fa ir means they pay a fine; sometimes it means they do not. Overall, he hoped the numbers were satisfactory to the Council. Mr. Tallen indicated he recently got a couple of new code enforcement items with one more pending. Most people follow the rules. Whe n they don't, they get a letter/letters from City Staff, and they tend to comply. If they don't, he gets involved and creates a criminal complaint. He noted there are quality of life things that are important to the City. Sometimes when people don't like it, they call the newspaper and there's an article in the newspaper. He said there are good lines of communication between the police department and his office. There are cases like drunk-driving, theft, domestic assault, and traffic law but no big cases. He prosecutes cases which can be punished up to a year in jail. Walsh noted the City is very particular about having a very even-handed process when dealing with people before it gets to Tallen. He asked whether Tallen had any insight as to how that has changed over the last three years with respect to the Ordinance violations. Mr. Tallen indicated he does not know what happened before he was there. His position is the City Staff should do what they think they need to do to be fair and not make unreasonable demands of one person while letting someone else in a similar situation off the hook, which has been the case since he started. City Staff should try to resolve the problem. If they can't resolve the problem, then it gets sent to him. Walsh said he is glad to hear Tallen thinks it's been even-handed because the City Council has made a very conscious effort to make sure it is that way for everyone and people have to comply. Mr. Tallen indicated his goal is to get compliance. He is not going to get a judge to put someone in jail for 30 days because they didn't pull their garbage cans back from the street. However, he might get a judge to fine them. When citizens realize it is a serious matter, most people will say, "Okay." He tries to get some nominal fees from them so there's a consequence for ignoring previous atte mpts. Crosby said Tallen has the benefit of working with other cities and knowing what processes work more effectively. Mr. Tallen stated each city has a slightly different approach. His goal is to try to convince people to comply. If not, everyone has a right to a trial. 7. LONG LAKE FIRE DEPARTMENT UPDATE – JAMES VAN EYLL Chief James Van Eyll echoed Crosby's sentiments regarding Mr. Anderson/North Shore Marina's generosity. He thanked Mr. Anderson for giving the fire department $500 at the end of December. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 15 Chief Van Eyll said the Mission Statement, Vision Statement, and Value Statement have not changed in the past couple of years. There are roughly 40 firefighters; all of them are either EMT or EMR, Firefighter I or II. Eight years is the average years of service; the most senior firefighter, Kelly Shaughnessy has 43½ years of service and has been a great asset and mentor to younger members . Dwayne Gluh retired in 2019 with 33 years of service. There are five new probationary members: Hue Alexande r, Matt Kulseth, and Richard Loosbrock from Station 1; Kennedy Wright and Clifford "Rusty" Mayes from Station 2. Chief Van Eyll stated Station 1 and 2 facilities and equipment have not changed much. Minnetonka Beach was added in 2019, and they accounted for 38 total incidents with nothing major except for one gas leak. Orono had 280 calls, down approximately 40-50 from previous years, which he felt was a result of Xcel doing a lot of tree work so there weren't many power line issues when wind storms occur red. The emergency call breakdown has remained fairly consistent over the last several years. There has been a reduction in good intent calls and false alarm and false calls, some of which he attributes to the duty officer program: When there is a false alarm or fire alarm, a duty officer is sent to a commercial or residential building even when cancelled to provide education about proper placement of detectors. Johnson asked what falls under the good intent category. Chief Van Eyll said that is mainly c ancelled en route calls, including cancelled fire alarms and medicals they are paged to but the police get there and say the fire department is not needed. Sometimes there is no incident but someone reports a gas odor or smoke and there’s nothing in the ar ea when they get there. Chief Van Eyll discussed mutual aid calls statistics: The fire department gave auto aid twice, received auto aid four times, which is when Long Lake Police Department is paged at the same time. They went on 12 mutual aid calls and received mutual aid for eight calls. For the first unit average on-scene time, meaning the first unit that arrives on the scene, Long Lake averaged 7:20 and Orono averaged 8:54, which is a little higher than the previous year. For a lot of the residential false alarm calls they are not going lights and sirens, because 99.9 percent of those are basically burnt food. Johnson asked whether the response times were good compared to surrounding cities. Chief Van Eyll said he has not checked but can do so, but believes they stack up fairly well. The area is a little larger than cities like Wayzata as opposed to Loretto and Maple Plain, who have more rural areas. Walsh asked if there were any national averages that it could be compared to. Chief Van Eyll stated there are national averages they can look at. The National Fire Protection Agency talks about putting a certain number of personnel on-scene in a certain amount of time, not necessarily that your first unit is there within seven minutes. For example, 18 people on-scene within 12 minutes. Johnson asked if the numbers presented are within the set goals. Chief Van Eyll said their goal is to get the first rig, an engine or medical truck, out the door and heading to the scene before six minutes. The las t three years they have been averaging about 6:04-6:05. This will lead to faster response times and gets more people on-scene to take care of a larger incident. Crosby asked about the time involved when someone responds to a page and goes directly to the station. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 15 Chief Van Eyll said it's dependent on what time it is and what they are doing. He noted that firefighters do not have authority to do 45 in a 30, coast through stop signs, et cetera. People in the fire department have been pulled over and given a ticket if needed because other lives are being put in jeopardy. Johnson noted there's a 50 percent chance it is a false alarm. Chief Van Eyll said that was true. Crosby commented that it adds to the response time numbers. Chief Van Eyll agreed with Crosby. He noted in the Station 2 area there are members who live a couple blocks away from the station but others live farther away. In the Long Lake area people live a little bit closer, but they have people that live on the we stern edge of Orono and the eastern side of Long Lake so it takes some time to travel to the station. They like to have four in a rig and call it "four and out the door." Crosby agreed that the most important number is once you have a unit in service that has a crew. Chief Van Eyll added that from a medical standpoint, it does take somebody responding right to the scene. He referred to an overdose incident where one of the firefighters drove by the scene and the police department was already there, so he turned around and assisted. However, if the call location is not on the way to the station, they are asked to get to the station and truck so the truck can be put in service. Chief Van Eyll said there is an average of 11.2 responders per call. During the weekdays, they average 10 responders. 47 percent of the calls occur during the six a.m. to six p.m. time period, which is down a little bit. Orono had 3,730 calls, which is down from last year. The total calls were 5,815 compared to the previous year of 5,900. Chief Van Eyll discussed the training goals for 2020, including: giving more power back to companies to do training with their fellow firefighters; making the pump operator curriculum easier to get more drivers; having not-on-call training tasks; having short trainings while people are at the station; doing more live fire trainings; and doing more mutual aid/Orono PD training. Overall goals include: streamlining the on- boarding process; using technology more; doing a road map for new recruits for the first five years for expectations; increasing Station 2 membership by 20 percent; and purging/updating old equipment. Chief Van Eyll reviewed last year's goals: The north ride -along did not happen; that is now part of the 2020 goal. They did some mutual aid partner training and would like to continue that, and also do more training with the Orono and Wayzata PD. They did a lot of “Get to know your firefighter and their families” so they had family training with fun activities once a quarter. They implemented a recruitment committee which helped increase the number of new recruits. They want to improve service times. He thanked the Council for their help with the new unif orms. Also, the quality-of-service measuring and understanding was taken up by a firefighter at Station 1. He identified the top responders at Station 1: Tom Aldrich, Blair Mileski, Zach Berbig, Pat Cotton, Ryan Gonsior; at Station 2: Scott Spinks, Shane Gardner, Derek Lee, Jeff Krahl, Ted Woychick. Top training attendants at Station 1: Blair Mileski, John Paszkiewicz, Ryan Hoster, Cody Farley, Matt Smiley; at Station 2: Ted Woychick, Shane Gardner, Shawn Revicks, Scott Spinks, Jeff Krahl. 2019 milestones include Tom Aldrich at 30 years; Paul Bullemer, John Hall, Jeff Krahl, and Ted Woychick at 15 years; Zach Berbig at 5 years. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 15 Chief Van Eyll said calls by day of the week were broken down. There is no rhyme or reason but is generally related to wind storms or ice storms. May, June, July, and August are the busier months. The fire department participated in numerous team activities such as the Fire Department Boot Hockey Tournament, Fight For Air Climb-American Lung Association, Chili Cook-Off, Twin Cities Ra ce for the Cars, Long Lake Rowing Crew LLPD versus OPD, OPD versus LLFD Softball, and Bell Ringing for the Salvation Army. There are several “Save the dates” for 2020, including a pancake breakfast on April 26, the 5K on July 25, an open house on October 5, and the toy and food drive on December 5. Walsh asked when Minnetonka Beach was brought in, and if there was any fluctuation in numbers. Chief Van Eyll said it was 2019 and the numbers were pretty much what was expected, with approximately 40 calls from Minnetonka Beach. However, they did not see their numbers fluctuate, which was due to reductions in Orono and a slight increase in Long Lake. Walsh noted there were not a lot of power outages the past summer. Chief Van Eyll stated there was a lot of tree-trimming done and he did not feel the wind storms were as powerful as they have been in the past. There were 38 calls from Minnetonka Beach, and he feels so far it's been a success and looks forward to another year with them. He will get back to the Council regarding national averages in addition to the surrounding area's averages. Crosby and Chief Van Eyll discussed getting national average numbers on first unit in service and first active unit on-scene as opposed to a duty officer. Crosby thanked the fire department for their work. PUBLIC WORKS/CITY ENGINEER REPORT 8. BIG ISLAND PARK ADA TRAIL PROJECT (19-033) PRE-BID DESIGN REVIEW Edwards said the purpose of the action is three -fold: One, to provide an update on the design for the project; two, to clean up some administration with the grant of restrictive covenant which is required by the grant from the DNR; three, to discuss where they are in funding. Edwards presented the Big Island design review and pointed out trails they intend to upgrade to an ADA standard. For the most part, trails are being upgraded except the trail that will be built from the docks up to just past the visitor center. There are some challenges with the grade in meeting the ADA standards. Johnson asked if that location was where it makes a left turn instead of going off to the right. Edwards stated he was correct, that you would come off the docks and go immediately left, which is the least grade and a little bit of winding back and forth to avoid tree s. They believe those trails are camp roads from when it was a veterans ’ camp so there is a decent base, and they will be improved. He indicated the location for a vault toilet system by the visitor center and the location for a sheltered pavilion, rock be nch area, and pavilion area with picnic tables. They have templated a second vault toilet, but that location is less preferred because it would be more challenging to maintain. He discussed trail nodes details and the plan to restrict vehicular access into and out of wooded areas to keep down motor vehicles on the island, especially in the winter. They would use a mix of large rocks with removable MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 15 bollards in the trail area, removing the bollards for the summer season and putting them in for the winter season. The restroom would be a one -seat vault toilet and would be ADA compliant. The shade structure being installed is a very simple design, using concrete or steel to make them as vandalism-proof as possible. There would be a mix of regular and ADA picnic tables, again installing something that is fairly indestructible/vandal-proof and using squared-off boulders for the seating. Edwards explained the cost estimates for work that needs to go out on bid, the work that can be done by City forces, and the administration and engineering costs. The total project currently is $526,000. The item estimates are conservative; a ten percent contingency was added to cover that. Once they get bids in, they will have a better idea of costs. He noted the costs are higher than previous estimates and funding goals. He indicated there was $80,000 allocated from the park dedication funds, which is the City’s contribution to the project. They are looking for $120,000 from the Big Island Legacy Foundation and $200,000 from the DNR grant, which is a matching grant from the 120 and the 80, to come up with $400,000. The consulting firm Bolton & Menk has donated $10,000 towards the project, which will come out of project oversight costs. Walsh asked if the $10,000 amount could go towards the match. Edwards indicated it could, but only ten percent of the overall cost can be in the form of engineering and administrative costs. With $400,000, they can have $40,000 worth of administrative costs be associated in either the match or the grant dollars. They have $78,000 of administrative and design costs. Edwards said he is proposing to go out for bids in the next few weeks and bid the project with alternates, meaning everything will be bid on but bid separately. That allows the City to go through the bids and accept the base bid but say they don't have the funding available for the alternates or maybe only one or two of the alternates. The base bid would be all the things associated with the trails and signs. Alternate A would be for the vault toilet, and alternate B would be for the picnic structure and associated tables. That would allow for options at award time based on funding. Walsh and Crosby indicated that made sense to them. Edwards said he would like to get an award approved at the end of March/beginning of April. Johnson asked if there were two vault toilets in the plan. Edwards said when they did the master plan, they identified locations for two potential toilets. As the design became more defined, they made a decision to put only one in the bid based on costs. Johnson commented the vault toilet next to the lake welcomes it to be kind of a public restroom versus one up in the lookout area, because if you’re using the facility there, it’s because you're using the trail. Johnson referenced the gates that would be used to keep snowmobiles off the trail and asked if it wo uld still be accessible to people that want to hike or ride their bike. Walsh indicated the gates are predominantly to restrict vehicles and snowmobiles. Edwards said that is why they want the bollards to be removable, to make it more welcoming in the summertime. The bollards would be spaced 36 inches apart, which is plenty of width to walk and cross - MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 15 country ski through but narrow enough that it would deter a snowmobile and four-wheel drive vehicle, which is what tends to cause the most damage to the island in the wintertime. Johnson asked if everything the City puts in on the island is subject to the perpetuity in the contract. For example, if a park benc h is put there, how long is it required to be there and maintained. Edwards said the main restriction that the DNR requires on the deed is that the property remains a public park in perpetuity. It does not name specific items or structures. The intent is the City continues to maintain the island and park, but it may change over the years. The DNR can inspect things and make sure everyone is living up to their part of the agreement. Johnson stated the City is giving up some rights by entering into the agreement and he is wondering if dumbing down what the City does, as far as the grant goes, might make sense. For example, if the City just takes money for trails, is that the only thing they are bound to maintain until the DNR says otherwise. Mattick indicated the agreements say “shall be managed and maintained for public outdoor recreation use.” If funds are used for a park bench, it does not mean the City is agreeing to have a park bench there forever. The City is agreeing to keep the area for the public forever and ever. The DNR will give the City the $200,000 but the City is saying they will maintain the property. Walsh noted the City also committed to that on the master plan of buying the island. The management plan says the City has to do all of tha t. Johnson said the agreement is very vague and he was expecting more detail. The City does not know how this will go with the bathrooms and everything else, and he is not comfortable agreeing into perpetuity for things like bathrooms and shelters. Every year something could happen to these indestructible bathrooms and all of a sudden, the City says it is ridiculous, because a lot of people outside of the City are going to be using this resource. He does not want the City to get into something that binds them to be management. Crosby indicated the City is not held to replace anything. Mattick said the City is guaranteeing that the land will be held in public trust, not guaranteeing there will be a toilet out there for the next 100 years. Johnson asked whether the City could say they would not maintain the ADA -compliant trails because they are too hard to maintain. Mattick said once you have trails and upgrade them to be ADA, the ADA has certain requirements. If you own public property, you have certain obligations as far as the ADA. Johnson asked whether the City was under that jurisdiction at this time on the island. Mattick stated the ADA is a federal law. Walsh indicated that there is a public facility there and technically the C ity needs to have ADA facilities. Crosby added the City is probably not in compliance at this time. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 15 Rief said he was correct and that when he worked at the City of Omaha, they had the same problem with city intersections and had to come up with an ADA master plan. It's just a matter of time until they get to trails and other things. When they are being reconstructed/reconfigured, that's the first thing that kicks in. Whether or not it is compliant now, if they ever check on it, they will make the City c hange it, anyway. Johnson stated the point he was trying to make is that even though it does not say ADA in the agreement, it is assumed the City is doing certain things and he wants to make sure the Council is comfortable that it is not park benches, ba throoms, shelters. He asked if the dock was also included. Edwards indicated it was. Johnson asked if the City was stuck with the dock. Edwards stated in the recreational facilities in the ADA requirements, there is some latitude given to the governments and how that is done. Federal regulations don't require everything, for instance, in parks to be ADA accessible. A portion of what the City has needs to be ADA accessible. Once some ADA accessible elements are established to your park or facility, it has to remain that way. If the trails are set up as ADA accessible and ten years from now the City decides they are not easy to maintain and they need to do things differently, the City has latitude to do different things. Within the design itself, not all picnic benches proposed are ADA -compliant; half of them are. Different elements have different proportions. Some things are goals; some things are requirements. Walsh said Johnson wants to make sure that the City is not committed to having to have picnic benches or shelters or bathrooms, but it's just keeping it open to the public in general. Mattick indicated that is what the document that the State has requested is saying. Johnson said, by taking the money, the City is buying into some responsibilit y and over the course of time, especially as the City's budget goes down, it is not a lot of money from the State. Whether they give $140,000 or $200,000, their teeth into the City is the same. At some time, the City might get the project down to a point where it is self-funded and they won't want to use the grant because there's some value in not being under scrutiny. He is hearing there isn't any real scrutiny. It's already a park. As far as the trails, the City would meet the ADA requirements anyway. The rest of the items, with the exception of maybe the dock, the City can modify as it sees fit without anyone else's permission. Mattick stated he was correct, although he gets nervous about the phrase "without anybody's permission." Walsh indicated the City is already under essentially the perpetuity to have this as an open public space based on buying it and the documents they are bound to. Johnson said he does not want the vault bathroom to be the central Lake Minnetonka public re stroom, or the expense to maintain it will be exceptional. Edwards agreed and stated that it is not going to be advertised as a public restroom across the lake. If you go there and you know it's there, use it. Johnson wanted to make sure there wouldn't be a Lake Minnetonka fan club page on Facebook. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 15 Walsh said people would not go from Cruiser's Cove to get to the bathroom. He said the Big Island Legacy Committee has also been vetting out where there's more value and they don't agree yet either. There's still a lot of conversation to be had and a final decision made at some point. Crosby noted, with all the water issues, Cruiser's Cove might consider putting a bathroom there. Walsh indicated that is another issue with the LMCD. Johnson asked what three things Edwards was looking for from the City Council. Edwards said he is looking for guidance that the City Council is happy with his proposal to go out for bids and to do so with bid alternates and that there are no major concerns with the design a s it is laid out; second, approve the grant of deed restriction; third, give an overview of the design. Johnson asked if it made sense to do the final approval on the language when the budget is completed and they know the project scope, and whether ther e is a reason to do so before the scope is determined. Edwards stated it is one of the outlying items for the grant that the City said they would do when they signed the grant agreement. Walsh clarified that it does not relate to the amount of the grant. Rather, that the City Council has to approve they are going in that direction. Walsh said it was a matter of how much later the City Council determines up to 200,000. He added it was giving direction to go out to bid and get things rolling. Johnson asked if Walsh was fine with the deed restriction regardless of the amount. Walsh said the deed restriction does not restrict the City Council any more than what the City already is. It's a public open space and the City is required to keep it a public open space. The City has to make it accessible, which is already in their management plan of buying the property. Mattick stated if the bids come back really high and the City decides it doesn't make sense to do any of it at this point, the City can hold on. He did not know whether or not there was a timing issue of signing documents recording the restriction until the bids get back. Edwards said they could not record until the bids come back. Crosby and Edwards noted the City is tiering the bids. Walsh stated it could be approved and held; and if the City ends up doing nothing, it could be rescinded. Crosby said that made sense to him. Mattick noted that at that point the City has not taken any grant proceeds and they are not under any obligations. Johnson noted this is the next step in receiving grant money and is not t he final commitment. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 15 Edwards said this is the final step the City owes the State of Minnesota to get the grant money. Johnson stated he does not see a reason not to agree to sign it now if the City is not exposing themselves to any new restrictions. Walsh said the City would hold off from recording it until the final bids come in and final decisions. Johnson moved, Crosby seconded, to approve Big Island Park ADA Trail Project (19 -033) Pre -bid Design but not to sign the document until the final bids and bid alternates come in, the final budget is complete, and final decisions are made. VOTE: Ayes 3, Nays 0. PLANNING DEPARTMENT REPORT 9. LA19 -000101 – AL AZAD, 200 BEDERWOOD ROAD, LOT AREA - RESOLUTION Staff presented a summary of packet information. Walsh said he understood the sewer line was done in the '90s. Oaken agreed with his statement. Walsh noted it was PVC, up to code, roughly ten feet deep based on the plans, and asked whether the City installed those lines and if the prope rty owners were assessed. Edwards stated it was a City project and that he believed the property owners were assessed. Walsh said the City knows the plans were good and the City did the work and knows the depth. Mr. Azad indicated he would be glad to give the neighbors an easement. He did not see anything holding the City back as far as approval with the contingency that an easement is in place with the neighbors. Johnson asked if the City has heard from the neighbors. Crosby, Johnson, and Walsh discussed that they had seen the neighbors once or twice at either City Council or Planning Commission meetings. Walsh stated the neighbor's big issue was wanting to know the depth and the ability to have access if there was a problem. He said this is the City's chance to rectify an issue that didn't get taken care of in the '90s. Johnson referenced the Planning Department's recommendation which said the applicant could be required to field locate, confirm the depth, and then protect the service line where t he proposed driveway crosses if it is less than 6.5 feet. Oaken indicated that was a comment from the analysis, which could be done to verify or ensure the service line. Walsh stated they found out the City did the project and plans and are going off t he plans and saying they know how deep it is. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 15 Edwards agreed with Walsh and said he took the as -built plans for that sewer line. They have good data for the sewer main and they know the depth of the main, the depth of where the connection connects to the main, and based off of installation standards on what slopes you can have on a service line, he came up with the maximum/minimum depth that service line should be at. He also recommended to the Planning Commission if there was still some concern about tha t, it could be written into any requirements that the applicant be required to field locate, which would entail a contractor to come in through the City's sewer main and run a locator up the sewer service to ascertain the depths under the driveway. He said that is not something the City would do but it could be done by somebody else. Walsh noted that the City did not feel it was necessary to do that because they had accurate data and it was a job the City undertook. Edwards agreed and stated he did not think the City would need to do that. Johnson asked whether it was the 222 property that needs the easement. Walsh stated that was correct. Johnson noted the neighbors were not present. Walsh said they were present at the last meeting. He noted the other issue was the easement they have never had and that their line is under somebody else's property. Edwards stated it would be an easement between two private properties, not something the City is directly involved in. The City recommended the 222 property owners get the easement because it protects them and their continued access to the sewer system. Walsh said Mr. Azad was nice enough to acknowledge the easement would not be a problem. Johnson clarified that the variance request is because the easement will reduce the size of the lot. Walsh, Crosby, and Staff indicated it reduces the lot area. Walsh said the City Council would be taking the recommendation and approving the variance with the contingency that an easement is created between the two private parties. Johnson asked if the City Council was approving a motion to create that. Staff and Walsh said the City Council would be approving a variance. Johnson noted it would be based upon something that has not yet happened. Walsh and Crosby stated it is a variance conditioned upon getting the easement put together between the two parties. Mr. Al Azad and Walsh discussed that Mr. Azad would need to get involved and talk with his neighbors to get the variance. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 15 Mattick said it would be an easement that would be recorded against his property based upon the legal description the City has that's going to say 222 has the right to have their sewer line in this area. Mr. Azad would record it against his property for the benefit of the other parcel, and it does not require the other property owner's signature. Walsh stated the 222 owners have to contact the City to get that. Mattick and Crosby said the 222 owners do not have to be involved. It is something Mr. Azad s igns and records against his property. Walsh said the 222 people will want to make sure it is the correct easement. Mr. Azad can do it himself without needing their signature. Johnson asked how the motion should be made, because Mr. Azad has a right to have a driveway. The neighbor should not be able to hold him up if he grants an easement. Mattick stated language should not be used where it is subject to the neighbor's approval. He suggested using language that the variance is approved subject to the City’s satisfaction that the easement has been prepared and recorded. The document will show that it's for a sewer line in the correct place and recorded and produced to the neighbors. The City needs to review and sign off on it, but the City will not pre pare the document. Mr. Azad asked if a surveyor would be able to help him with that. Mattick and Council members discussed that Mr. Azad should contact a surveyor or engineer to put together the easement and Staff could look at it after that. Johnson mo ved, Crosby seconded, to approve the variance subject to the applicant putting the utility easement on the property and satisfactorily recorded with the evidence to the City. VOTE: Ayes 3, Nays 0. FINANCE DIRECTOR REPORT 10. FOURTH QUARTER FINANCIAL REP ORT Ung indicated the amounts given in the presentation are based on preliminary numbers and may have minor changes after Staff prepares for the 2019 audit. She said the City is over budget by 106.9 percent, with approximately 50 percent of the overall budgeted revenue coming from taxes. Taxes are at 99.9 percent of the budgeted amount. Building activities make up a good portion of the revenue budget, with licenses and permits coming in at 141.5 percent of the budgeted amount. There were two permits that contributed to the overage. Charges for service is also over budget by 108.8 percent which includes fees related to building activities. All other revenues are meeting or exceeding budget, and interest is expected to meet budget as well once it is allocated. Overall, the revenue is expected to exceed budget by $680,000. Ung used a graph to compare actual revenue to budgeted revenue and indicated once interest is allocated, it is expected to be similar to year-end 2018. Ung said overall expenditures are also on track at 99.5 percent. The police department is over budget which is due to the tort zero desk grant disbursement which is offset by the unbudgeted revenue. Depreciation expenses have not yet been allocated, which may MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 15 have a minor effect on the overall budget. Ung displayed documents showing the top ten vendors used in the fourth quarter of 2019 and also the top ten vendors used in 2019, indicating these vendors also make up 50 percent of payments during 2019. She noted new investments were added during the fourth quarter of 2019. Rates were rising at the beginning of 2019; in the second half of the year, the Feds cut the rate three times. In the upcoming months it is expected the Feds will cut rates again. Interest received at the end of 2019 totaled $285,000. Walsh asked how the numbers compared to what was expected. Olson said they thought they would do a little better since interest rates were rising, but it came in about $15,000 less than last year on basically the same amount of principal. They have not done the mark to market exercise. As interest rates dropped at the end of the year, the City gets a positive bump. Walsh indicated things are looking good. Crosby said there would be more money for roads. Walsh stated all road work can get done and extra money can be put aside for a bigger project such as the public works facility or the park trails. They are starting to have an actual funding mechanism in place for the Park Commission because they are on board for 5-10,000 a year. Now that the parks are up and running, the City needs to keep them that way, so they will probably need 100-150,000 a year in their budget. It would be a good year to start talking about that in addition to bringing the roads up some more. The goal is to have them self-sustaining. The City is in a good place right now. MAYOR/COUNCIL REPORT Crosby acknowledged Dwayne Gluh’s 33 years of service on the Long Lake Fire Department. He worked with Dwayne for almost 11 years in the department, and he was outstanding. Johnson noted he had an unwanted interaction with the fire department and Orono Police Department when his sister was involved in a car accident. He should have thanked the fire department chief; they did a great job. He said he would like to be more in tune with how often the City is having code enforcement issues being sent off for prosecution for non-compliance. He put in a request but has not gotten a reply from anybody. He suggested getting a breakdown of where code enforcement is going. He said it wasn't too long ago when numbers couldn't be pulled so progress is being made in the right direction, but he thinks the process needs to be fine -tuned. Otherwise, the Council doesn't know what the issues are to have a good judgment. Council members suggested incorporating the code enforcement information in the weekly updates and that if there are any questions, Barnhart could be contacted. Walsh said he met with a few people that are interested in buying developments and there is a lot of activity going on in the City. He stated several years ago when they brought fees down from $750 to whatever it costs currently, about $235, he was told the City would lose about $30,000 in revenue. His comment was that it would be an incentive for people to have more stuff done. He believes it's happened tenfold over that. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 15 Johnson stated he made a good point, because halfway through the year the Council was concerned they would not hit the budgeted number. He noted Orono's reputation is changing in a positive way with Walsh's leadership and reducing fees, reviewing the Ordinances and asking why they are there. He said Citizenserve saves time and money and people want to spend money when it is easier to do. Council members discussed the amount of paperwork that is no longer at City Hall. Instead, the City is using various technology to reduce paper amounts. Also, good business common sense is being used. CITY ADMINISTRATOR REPORT 11. RESOLUTION OF APPRECIATION OF OUTGOING PARK COMMISSIONERS Walsh said he thanked Bryce Johnson in person at the Park Commission meeting and that he was one of the founding members of the reconstituted Park Commission who had true passion and real dedication and the Park Commission will miss his leadership. He read a Resolution of Appreciation to Bryce Johnson for distinguished service as a member of the Park Commission. Johnson moved, Crosby seconded, to approve Resolution No. 7075 a Resolution of appreciation for Mr. Bryce Johnson. VOTE: Ayes 3, Nays 0. 13. 2020 PRIORITIES Rief stated he put together a number of priorities in administration for the upcoming year in no particular order. His priorities include Election support: It is ongoing for the first of three election cycles this year. 70 election judges were hired for the presidential primary. 2020 census support: The census is April 1 and it is a once-a-decade opportunity to gather data on citizens, go through maps and verify addresses. They have been working on it since last summer, and the final component is the planning and zoning department verifying all of the annexation-related documents to ensure boundaries are correct. Fire contract: One of the goals is to develop a plan for the next version of fire services for the City of Orono. Utility billing transition: The City Council last fall agreed to a monthly billing process rather than a quarterly billing. An Ordinance will be brought forward at the next Council meeting to address that. Budget and capital planning: The goal is to normalize capital expenditures. They ha ve made great strides in trying to normalize expenditures relative to revenue and increasing the levy for roads, et cetera. Once normalized, it becomes a lot easier to replace things as needed. Performance Metrics: Analyze and develop relevant metrics for all departments, develop standard reporting schedules, and ensure measurements are useful and relevant. Employee handbook: They will look at and compare policies. Mattick has provided a handbook as well as a couple of neighboring cities to see what's out t here. It has not been updated in ten years. Finance software upgrades and process improvements: The software has been upgraded and it will allow for digital accounts payable and timesheets. They are in the process of digitizing everything. CITY ATTORNEY REPORT Mattick had nothing to report. ADJOURNMENT MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 20 20 6 :00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 15 Crosby moved, Johnson seconded, to adjourn the Orono City Council meeting at 7:50 p.m. VOTE: Ayes 3, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Page 1 of 1 Orono City Council Work Session Monday, February 24, 2020 Council Chambers 5:00 p.m. AGENDA PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, and Matt Johnson. Staff members present were City Administrator Dustin Rief, Director of Public Works/City Engineer, and City Clerk Anna Carlson. 1. Park Commission Interviews Council Members interview the Park Commission candidate Taylor Stephens and discussed the processes and functions of the Park Commission. Adjourned: 5:18 p.m. ATTEST: ___________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 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 113497 to 113564, totaling $187,718.64. 3. Noteworthy Payments. Vendor Amount Description of Payment #113500 Abdo Eick & Meyers $8,000.00 First payment for 2019 audit services. #113545 Modern Power Solutions $36,480.00 Payment for portable generator #851. #113558 Sunram Construction $23,423.86 Third payment for Bederwood Park improvement. 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: March 9, 2020 Item Description: Claims/Bills Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount DVS RENEWAL 03/02/2020 113497 022020 101-42110-441 TABS #256 AND #257 Police Department 28.50 Total 113497:28.50 Joe Hahs 03/02/2020 113498 022120 101-22205 ESCROW REFUND LA19-000098 2385 SHADYWO 700.00 Joe Hahs 03/02/2020 113498 022120 101-39615 ESCROW REFUND LA19-000098 2385 SHADYWO 21.00- Total 113498:679.00 Kevin Cody Construction 03/02/2020 113499 022120 101-22205 ESCROW REFUND RPS19-000134 3790 TOGO R 1,000.00 Kevin Cody Construction 03/02/2020 113499 022120 101-39615 ESCROW REFUND RPS19-000134 3790 TOGO R 30.00- Total 113499:970.00 Abdo, Eick & Meyers LLP 03/09/2020 113500 42057 101-41900-301 2019 AUDIT Central Services 8,000.00 Total 113500:8,000.00 ADVANCED IMAGING SOLUTIO 03/09/2020 113501 408155760 710-49970-413 PW COPIER LEASE 02/20/20-3/20/20 233.52 Total 113501:233.52 ALLSTREAM 03/09/2020 113502 16683229 101-42110-404 PHONE SERVICE 02/23-03/23/20 Police Department 313.35 ALLSTREAM 03/09/2020 113502 16683229 101-41900-404 PHONE SERVICE 02/23-03/23/20 Central Services 438.69 ALLSTREAM 03/09/2020 113502 16683229 601-49400-404 PHONE SERVICE 02/23-03/23/20 Water 73.12 ALLSTREAM 03/09/2020 113502 16683229 602-49450-404 PHONE SERVICE 02/23-03/23/20 Sewer 167.12 ALLSTREAM 03/09/2020 113502 16683229 101-45210-404 PHONE SERVICE 02/23-03/23/20 Golf Course 52.22 Total 113502:1,044.50 APACHE GROUP 03/09/2020 113503 212117 101-41900-223 PAPER TOWELS, TRASH BAGS, BATH TISSUE Central Services 1,038.98 APACHE GROUP 03/09/2020 113503 212238 101-41900-223 TISSUES Central Services 832.64 Total 113503:1,871.62 APPRIZE TECHNOLOGY SOLUT 03/09/2020 113504 19606 101-41900-319 ADMINISTRATIVE FEE 03/20 Central Services 566.50 Total 113504:566.50 ASPEN EQUIPMENT 03/09/2020 113505 10215533 701-49800-221 O RINGS 7.18 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 113505:7.18 Aspen Mills 03/09/2020 113506 252984 101-42110-226 CLOTHING Police Department 97.52 Total 113506:97.52 AWWA 03/09/2020 113507 7001763131 601-49400-433 AWWA MEMBERSHIP Water 214.00 Total 113507:214.00 BIFFS INC 03/09/2020 113508 W755948 101-45200-415 BIFFS RENTAL Parks 66.50 Total 113508:66.50 BOLTON & MENK INC.03/09/2020 113509 0247017 651-16500 2019 DRAINAGE IMPROVEMENTS 19-029 84.00 BOLTON & MENK INC.03/09/2020 113509 0247018 651-49910-305 STORM SEWER GIS Storm Water 460.00 BOLTON & MENK INC.03/09/2020 113509 0247018 101-43170-305 GIS MAINTENANCE Engineering 1,265.00 BOLTON & MENK INC.03/09/2020 113509 0247019 602-16500 2019 SEWER IMPROVEMENTS 19-013 968.00 BOLTON & MENK INC.03/09/2020 113509 0247020 435-48972-304 2019 STREET IMPROVEMENTS 19-001 84.00 BOLTON & MENK INC.03/09/2020 113509 0247021 101-43280-304 RPS18-000124 325 CRESTVIEW AVE Special Services 897.00 BOLTON & MENK INC.03/09/2020 113509 0247022 101-43280-304 LA18-000034 2635 KELLY PKWY Special Services 124.00 BOLTON & MENK INC.03/09/2020 113509 0247023 101-43280-304 LA18-000034 2745 KELLY PKWY Special Services 483.00 BOLTON & MENK INC.03/09/2020 113509 0247025 651-16500 2020 DRAINAGE IMPROVEMENTS 222.00 BOLTON & MENK INC.03/09/2020 113509 0247028 101-43170-305 GIS MAINTENANCE Engineering 517.50 BOLTON & MENK INC.03/09/2020 113509 0247029 602-16500 20-019 BACKUP GENERATORS 3,762.00 BOLTON & MENK INC.03/09/2020 113509 0247030 651-49910-304 STORMWATER ENGINEERING Storm Water 483.00 BOLTON & MENK INC.03/09/2020 113509 0247030 101-43170-305 GIS MAINTENANCE Engineering 115.00 BOLTON & MENK INC.03/09/2020 113509 0247032 602-16500 2020 SEWER IMPROVEMENTS 20-014 16,744.00 BOLTON & MENK INC.03/09/2020 113509 0247065 435-48973-304 2020 STREETS IMPROVEMENTS 20-001 2020 Street Improvments 2,834.00 BOLTON & MENK INC.03/09/2020 113509 0247066 225-45200-530 BIG ISLAND IMPROVEMENT PHASE 1 19-033 3,226.50 BOLTON & MENK INC.03/09/2020 113509 0247067 601-16500 CR 15 & 19 RECONSTRUCT 19-021 468.00 BOLTON & MENK INC.03/09/2020 113509 0247067 602-16500 CR 15 & 19 RECONSTRUCT 19-021 468.00 BOLTON & MENK INC.03/09/2020 113509 0247068 225-45200-304 EAST LONG LAKE TRAIL 20-029 9,212.50 BOLTON & MENK INC.03/09/2020 113509 0247069 402-48055-304 OCB PROJECT 18-021 OCB Road Reconstruction 124.00 Total 113509:42,541.50 BOYER TRUCKS INC 03/09/2020 113510 75098R 701-49800-222 BATTERY BOX COVER 114.70 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 113510:114.70 CARDMEMBER SERVICE 03/09/2020 113511 011320 101-41110-439 1/13/20 WS FOOD Mayor & Council 77.42 CARDMEMBER SERVICE 03/09/2020 113511 011320-1 101-41110-439 1/13/20 WS FOOD Mayor & Council 15.57 CARDMEMBER SERVICE 03/09/2020 113511 012720 101-41110-439 1/27/20 WS FOOD Mayor & Council 72.69 CARDMEMBER SERVICE 03/09/2020 113511 012920-2 101-41410-439 COOKIES FOR EJ TRAINING SESSIONS, 1/29 PN Elections 36.95 CARDMEMBER SERVICE 03/09/2020 113511 020420-1 101-41410-439 PNP ELECTION JUDGE FOOD Elections 25.96 CARDMEMBER SERVICE 03/09/2020 113511 020420-2 101-41410-439 ELECTION JUDGE FOOD PNP Elections 12.43 CARDMEMBER SERVICE 03/09/2020 113511 021020-1 101-41110-439 2/10/20 WS FOOD Mayor & Council 50.81 CARDMEMBER SERVICE 03/09/2020 113511 021020-2 101-41110-439 2/10/20 WS COOKIES Mayor & Council 11.98 CARDMEMBER SERVICE 03/09/2020 113511 021220-01 710-49970-416 DRIVE CLONING SOFTWARE 21.45 CARDMEMBER SERVICE 03/09/2020 113511 021420 710-49970-221 POLYCOM - ADMIN CONFERNECE 213.70 CARDMEMBER SERVICE 03/09/2020 113511 02142020 101-42110-437 FRAMES FOR AWARDS CERTIFICATE Police Department 70.92 CARDMEMBER SERVICE 03/09/2020 113511 021620 101-42110-402 SQUAD #261 CARWASH Police Department 12.00 CARDMEMBER SERVICE 03/09/2020 113511 02182020 101-41500-433 2020 MN GFOA MEMBERSHIP-OLSON Finance Department 70.00 CARDMEMBER SERVICE 03/09/2020 113511 022120 101-41500-433 2020 MN GFOA MEMBERSHIP-UNG Finance Department 70.00 CARDMEMBER SERVICE 03/09/2020 113511 022120-1 101-42110-402 SQUAD #261 CARWASH Police Department 12.00 CARDMEMBER SERVICE 03/09/2020 113511 022420 101-41110-439 2/24 WS FOOD Mayor & Council 30.46 CARDMEMBER SERVICE 03/09/2020 113511 02242020 101-43000-437 TREE TRAINING Public Works Department 960.00 CARDMEMBER SERVICE 03/09/2020 113511 022520 710-49970-221 POLYCOM - ADMIN CONFERNECE 322.52 CARDMEMBER SERVICE 03/09/2020 113511 022620 101-41900-322 SHIPPING Central Services 19.65 CARDMEMBER SERVICE 03/09/2020 113511 02262020 101-42110-437 RESERVE BANQUET/AWARDS Police Department 243.11 CARDMEMBER SERVICE 03/09/2020 113511 022720 101-42110-437 ADULT CRIMINAL RECORD EXPUNGEMENT CLA Police Department 160.00 CARDMEMBER SERVICE 03/09/2020 113511 022720-1 101-41410-437 ELECTION SUPPLIES Elections 32.25 CARDMEMBER SERVICE 03/09/2020 113511 022820 710-49970-416 MALWAREBYTES RENEWAL 1,470.00 CARDMEMBER SERVICE 03/09/2020 113511 022820-1 101-41410-221 PRECINCTS PNP ELECTIONS - DUCT TAPE Elections 10.80 CARDMEMBER SERVICE 03/09/2020 113511 030220 601-49400-227 WATER SUPPLIES Water 166.12 CARDMEMBER SERVICE 03/09/2020 113511 030320 101-41410-439 ELECTION JUDGE FOOD PNP Elections 282.15 CARDMEMBER SERVICE 03/09/2020 113511 030320-1 101-41410-439 PNP ELECTION JUDGE FOOD Elections 183.88 CARDMEMBER SERVICE 03/09/2020 113511 030320-2 101-41410-439 PNP ELECTION JUDGE FOOD Elections 19.96 CARDMEMBER SERVICE 03/09/2020 113511 030420 101-41410-331 PARKING AT HC - ELECTION MATERIALS RETUR Elections 21.00 CARDMEMBER SERVICE 03/09/2020 113511 110419-2 101-41300-489 RETIREMENT PLANT - J. YOUNG Administration 30.09 Total 113511:4,725.87 CARGILL SALT 03/09/2020 113512 2905285156 601-49400-216 NAV WTR PLANT SALT Water 5,129.58 Total 113512:5,129.58 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CENTERPOINT ENERGY MAIN 03/09/2020 113513 022720 601-49400-381 GAS 1/23/20-2/20/20 Water 733.65 CENTERPOINT ENERGY MAIN 03/09/2020 113513 022720 602-49450-381 GAS 1/23/20-2/20/20 Sewer 768.11 CENTERPOINT ENERGY MAIN 03/09/2020 113513 022720 101-41900-381 GAS 1/23/20-2/20/20 Central Services 1,438.25 CENTERPOINT ENERGY MAIN 03/09/2020 113513 022720 101-42110-381 GAS 1/23/20-2/20/20 Police Department 460.17 CENTERPOINT ENERGY MAIN 03/09/2020 113513 022720 101-45210-381 GAS 1/23/20-2/20/20 Golf Course 243.96 Total 113513:3,644.14 CENTURY LINK 03/09/2020 113514 021920 101-45210-321 GC PHONE/INTERNET 2/19-3/18/20 Golf Course 232.11 Total 113514:232.11 CenturyLink 03/09/2020 113515 1485872176 614-49840-329 INTERNET 1/8/20-2/7/20 Cable Franchise 1,056.44 Total 113515:1,056.44 CHRIS FISCHER 03/09/2020 113516 021720 101-42110-226 REIMBURSE-CLOTHING Police Department 27.98 Total 113516:27.98 CINTAS CORPORATION 03/09/2020 113517 4038281301 101-41900-401 GRAY MATS AND AIR SVC Central Services 21.92 CINTAS CORPORATION 03/09/2020 113517 4038281337 101-41900-404 MAT SERVICE - CH Central Services 10.80 CINTAS CORPORATION 03/09/2020 113517 4040587111 101-41900-404 MAT SERVICE - CC Central Services 10.80 CINTAS CORPORATION 03/09/2020 113517 4040587139 101-41900-401 GRAY MATS AND AIR SVC Central Services 21.92 CINTAS CORPORATION 03/09/2020 113517 4043486743 101-43000-226 UNIFORMS Public Works Department 59.54 CINTAS CORPORATION 03/09/2020 113517 4043486743 101-43000-221 SHOP TOWELS Public Works Department 2.63 CINTAS CORPORATION 03/09/2020 113517 4044147692 101-43000-226 UNIFORMS Public Works Department 59.54 CINTAS CORPORATION 03/09/2020 113517 4044147692 101-43000-221 SHOP TOWELS Public Works Department 2.63 CINTAS CORPORATION 03/09/2020 113517 4044147692 101-43000-404 MAT SERVICE - PW Public Works Department 14.40 Total 113517:204.18 CITYVIEW PLUMBING & HEATIN 03/09/2020 113518 103280167 101-43000-404 REPAIR HEATER PW Public Works Department 487.98 Total 113518:487.98 CORREY FARNIOK 03/09/2020 113519 021920 101-42110-437 MEALS - 1ST RESPONDER TRAINING Police Department 14.47 Total 113519:14.47 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount DELTA DENTAL 03/09/2020 113520 RIS0002669 101-21709 4842130001 MARCH 2020 DENTAL 3,353.18 Total 113520:3,353.18 EARL F ANDERSON & ASSOC 03/09/2020 113521 0122554-IN 101-43000-224 TRAFFIC CONES Public Works Department 411.50 EARL F ANDERSON & ASSOC 03/09/2020 113521 0122578-IN 101-43000-224 GUARD RAIL SIGNS Public Works Department 256.30 Total 113521:667.80 ECM PUBLISHERS INC 03/09/2020 113522 760445 435-48973-352 20-001 2020 STREETS BID SOLICITATION PUBLI 2020 Street Improvments 152.88 ECM PUBLISHERS INC 03/09/2020 113522 761838 101-42400-340 MARCH PC NOTICE Building & Zoning 74.50 Total 113522:227.38 FASTENAL 03/09/2020 113523 MNPLY1212 701-49800-221 SNOW PLOW WING BOLTS UNIT #425 41.22 FASTENAL 03/09/2020 113523 MNPLY1215 101-43000-224 NUTS & BOLTS Public Works Department 131.34 FASTENAL 03/09/2020 113523 MNPLY1215 601-49400-227 MARKING PAINT Water 51.38 Total 113523:223.94 FERGUSON WATERWORKS #25 03/09/2020 113524 0348226 601-49400-227 WATER METER Water 2,068.41 Total 113524:2,068.41 GENUINE PARTS COMPANY/NA 03/09/2020 113525 3270-468090 701-49800-221 AIR FILTER 15.49 Total 113525:15.49 GOPHER ACE 03/09/2020 113526 507/1 101-43000-226 PPE GLOVES FOR GREGG P.Public Works Department 19.99 Total 113526:19.99 HENNEPIN COUNTY ENVIRON 03/09/2020 113527 01091183-20 101-45210-441 2020 FOOD LICENSE-GC Golf Course 281.00 Total 113527:281.00 Hoss Plumbing LLC 03/09/2020 113528 2020-06102 101-42110-404 WATER FILTER SYSTEM FOR PD Police Department 700.00 Total 113528:700.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount IN CONTROL INC.03/09/2020 113529 19053NB01 601-49400-405 WELL 4 REPAIR Water 420.00 Total 113529:420.00 JESSICA WERDER 03/09/2020 113530 022620 101-42110-439 SUSPENSE WORKGROUP Police Department 21.28 JESSICA WERDER 03/09/2020 113530 022620 101-42110-437 NIBRS TRAINING REIMB Police Department 28.05 Total 113530:49.33 JOHNSON, ANTHONY 03/09/2020 113531 022520 999-10015 REFUND - OVERPAYMENT 407.37 Total 113531:407.37 KYLE KIRSCHNER 03/09/2020 113532 021120 101-42110-317 XERXES FOOD, EXAM, VACCINATION Police Department 544.36 Total 113532:544.36 LANO EQUIPMENT 03/09/2020 113533 03-732639 101-45200-415 BOBCAT TRACKED RENTAL Parks 35.78 LANO EQUIPMENT 03/09/2020 113533 722281-1 701-49800-222 UNIT #451 REPAIR TASK 39575 84.45 Total 113533:120.23 LeadsOnline 03/09/2020 113534 254669 101-42110-311 INVESTIGATION SYSTEM SERVICE Police Department 2,933.00 Total 113534:2,933.00 LEAGUE OF MN CITIES 03/09/2020 113535 316917 651-49910-433 MN CITIES STORMWATER COALITION Storm Water 640.00 Total 113535:640.00 LOGIS 03/09/2020 113536 48409 101-42110-310 POLICE RECORDS 3/20 Police Department 7,305.00 LOGIS 03/09/2020 113536 48409 710-49970-329 INTERNET 3/20 509.00 LOGIS 03/09/2020 113536 48409 710-49970-329 BACKUPS 3/20 804.00 LOGIS 03/09/2020 113536 48409 710-49970-311 HOSTED SERVERS 3/20 1,247.00 LOGIS 03/09/2020 113536 48470 405-48500-575 HOSTED SERVERS PROJECT 1,937.50 LOGIS 03/09/2020 113536 48510 710-49970-311 HOSTED SERVERS 1/20 & 2/20 208.00 Total 113536:12,010.50 LUBE TECH ESI 03/09/2020 113537 1555730 701-49800-212 OIL FOR TRUCK - BULK 960.55 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 113537:960.55 MACQUEEN EQUIPMENT 03/09/2020 113538 P25254 701-49800-221 SWEEPER GUTTER BROOM WIRES 253.93 Total 113538:253.93 MANSFIELD OIL COMPANY 03/09/2020 113539 21690007 101-42110-212 UNLEADED FUEL Police Department 1,146.07 MANSFIELD OIL COMPANY 03/09/2020 113539 21690008 701-49800-212 DIESEL FUEL 615.36 MANSFIELD OIL COMPANY 03/09/2020 113539 21690025 101-42110-212 UNLEADED FUEL Police Department 1,855.33 Total 113539:3,616.76 METRO WEST INSPECTIONS S 03/09/2020 113540 2316 101-42400-310 BUILDING INSPECTIONS Building & Zoning 8,453.50 Total 113540:8,453.50 MINNESOTA EQUIPMENT 03/09/2020 113541 P12835 701-49800-221 CUTTING EDGE 521.76 Total 113541:521.76 MINUTEMAN PRESS 03/09/2020 113542 26123 101-41900-352 WINTER NEWSLETTER POSTAGE Central Services 802.14 MINUTEMAN PRESS 03/09/2020 113542 26124 101-41900-352 WINTER NEWSLETTER Central Services 2,054.08 Total 113542:2,856.22 MISSION COMMUNICATIONS LL 03/09/2020 113543 1037452 602-49450-416 MISSION ANNUAL SERVICE Sewer 1,042.20 Total 113543:1,042.20 MN CHIEF OF POLICE ASSN 03/09/2020 113544 10607 101-42110-437 CONFERENCE REGISTRATION Police Department 485.00 MN CHIEF OF POLICE ASSN 03/09/2020 113544 10631 101-42110-437 ETI REGISTRATION C. STENSRUD Police Department 485.00 Total 113544:970.00 Modern Power Solutions 03/09/2020 113545 0395 602-16500 GENERATOR 851 36,480.00 Total 113545:36,480.00 MOUND TRUE VALUE 03/09/2020 113546 166255 101-42110-221 CLEANING SUPPLIES Police Department 11.99 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MOUND TRUE VALUE 03/09/2020 113546 166309 101-42110-221 CLEANING SUPPLIES Police Department 67.25 MOUND TRUE VALUE 03/09/2020 113546 166314 101-42110-240 SMALL TOOLS Police Department 15.48 Total 113546:94.72 NAVARRE HARDWARE 03/09/2020 113547 322946 701-49800-222 SUPPLIES FOR UNIT 426 24.77 NAVARRE HARDWARE 03/09/2020 113547 323033 101-45200-223 PARK PADLOCKS Parks 204.38 Total 113547:229.15 NEWEGG INC 03/09/2020 113548 1302065612 710-49970-221 VGA TO HDMI ADAPTER 48.68 NEWEGG INC 03/09/2020 113548 1302627989 710-49970-221 WALL MOUNT - CONFERENCE ROOM 99.00 NEWEGG INC 03/09/2020 113548 1302647859 710-49970-221 MONITORS - K HERZOG 315.94 NEWEGG INC 03/09/2020 113548 1302648411 710-49970-221 BLU-RAY DRIVE 90.98 NEWEGG INC 03/09/2020 113548 1302648510 710-49970-221 RAM - DKLITZKE 79.66 NEWEGG INC 03/09/2020 113548 1302649755 710-49970-575 LAPTOPS - 2PW, 1CH 974.85 NEWEGG INC 03/09/2020 113548 1302657030 710-49970-221 MONITORS 209.96 Total 113548:1,819.07 O SULLIVANS HOLIDAY 546 03/09/2020 113549 01312020 101-42110-402 01/20 CAR WASHES Police Department 49.50 Total 113549:49.50 O SULLIVANS HOLIDAY 547 03/09/2020 113550 013120 101-42110-402 01/20 CAR WASHES Police Department 132.81 Total 113550:132.81 OFFICE DEPOT 03/09/2020 113551 4427475240 101-41900-201 OFFICE SUPPLIES Central Services 283.58 OFFICE DEPOT 03/09/2020 113551 4436097000 101-41900-221 WALL CLOCK Central Services 18.99 OFFICE DEPOT 03/09/2020 113551 4436099340 101-41900-201 PAPER PLATES Central Services 100.78 OFFICE DEPOT 03/09/2020 113551 4449169940 101-41900-221 WALL CLOCK Central Services 18.99- OFFICE DEPOT 03/09/2020 113551 4480217840 101-41900-221 SIGN HOLDER Central Services 21.66 OFFICE DEPOT 03/09/2020 113551 4494626950 101-42110-201 OFFICE SUPPLIES - PD Police Department 74.08 Total 113551:480.10 PIRTEK 03/09/2020 113552 PL-T0000124 701-49800-221 HYDRAULIC HOSE 155.71 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 113552:155.71 PLEAA 03/09/2020 113553 2020 101-42110-433 2020 MEMBERSHIP- H. GEHLEN Police Department 35.00 PLEAA 03/09/2020 113553 2020 101-42110-433 2020 MEMBERSHIP- K. HERZOG Police Department 35.00 PLEAA 03/09/2020 113553 2020 101-42110-433 2020 MEMBERSHIP-J. WERDER Police Department 35.00 Total 113553:105.00 RANDYS ENVIRONMENTAL SER 03/09/2020 113554 FEBRUARY 101-41900-407 GARBAGE SERVICE - 2020 Central Services 453.96 RANDYS ENVIRONMENTAL SER 03/09/2020 113554 FEBRUARY 101-45210-404 GARBAGE SERVICE - 2/2020 Golf Course 83.59 Total 113554:537.55 REESE, SHAWN 03/09/2020 113555 022420 999-10010 REFUND - OVERPAYMENT 335.74 Total 113555:335.74 ROTARY CLUB OF ORONO 03/09/2020 113556 022620 101-42110-433 2020 MEMBERSHIP Police Department 1,200.00 Total 113556:1,200.00 STAR TRIBUNE 03/09/2020 113557 022320 101-41900-352 2/4/20-2/2/21 SUBSCRIPTION 3009532 Central Services 182.00 Total 113557:182.00 SUNRAM CONSTRUCTION INC.03/09/2020 113558 19-032-PAY 225-45200-511 BEDERWOOD PARK IMP RFP 3 19-032 24,656.69 SUNRAM CONSTRUCTION INC.03/09/2020 113558 19-032-PAY 225-16500 BEDERWOOD PARK IMP RFP 3 19-032 1,232.83- Total 113558:23,423.86 TALLEN AND BAERTSCHI 03/09/2020 113559 021820 101-41600-306 PROSECUTION SERVICES-02/2020 Law/Legal Services 2,886.43 Total 113559:2,886.43 TimeSaver Off Site Secretarial Inc 03/09/2020 113560 M25419 101-41110-439 CITY COUNCIL MEETING MINUTES Mayor & Council 149.75 TimeSaver Off Site Secretarial Inc 03/09/2020 113560 M25419 101-41300-439 PLANNING COMMISSION MINUTES Administration 268.50 TimeSaver Off Site Secretarial Inc 03/09/2020 113560 M25449 101-41110-439 CC MEETING MINUTES Mayor & Council 148.00 TimeSaver Off Site Secretarial Inc 03/09/2020 113560 M25482 101-41110-439 CC MEETING MINUTES Mayor & Council 275.50 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 2/25/2020 - 3/9/2020 Mar 05, 2020 12:51PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 113560:841.75 US Bank Equipment Finance 03/09/2020 113561 408202638 710-49970-413 COPIERS 596.76 Total 113561:596.76 VANGUARD CLEANING SYSTE 03/09/2020 113562 71035 101-42110-407 JANITORIAL SERVICE -PD Police Department 1,039.50 VANGUARD CLEANING SYSTE 03/09/2020 113562 71035 101-41900-407 JANITORIAL SERVICE - CITY Central Services 1,435.50 Total 113562:2,475.00 VARNER MOBILE SERVICES LL 03/09/2020 113563 7832 701-49800-402 UNIT#426 TASK 34379 339.80 Total 113563:339.80 WELLS FARGO BANK 03/09/2020 113564 335128 101-42110-311 DOCUMENT COPYING Police Department 39.00 Total 113564:39.00 Grand Totals: 187,718.64 AGENDA ITEM Prepared By: A.Carlson Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license period of March 9, 2020 to December 31, 2021. 2. Staff Recommendation. Staff recommends approval of the rental licenses as listed in Exhibit A for the license period of March 9, 2020 to December 31, 2021. The Rental License Applicants in Exhibit A have submitted all of the requested documents and have met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental licenses listed in Exhibit A for the license period of March 9, 2020 to December 31, 2021. Exhibits A. Listing of Rental Licenses Item No.: 4 Date: March 9, 2020 Item Description: Approval of Rental Licenses Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda Exhibit A City Council 2020 Rental License RL20-000003 Konrad Kruger 100 License# Licensee Total License Fees AGENDA ITEM Prepared By: Reviewed By: Approved By: 1. Purpose. The purpose of this action is to get a Council approval of the revised schedule for Park Commission meetings. 2. Background. At their March 3rd Commission Meeting the Parks Commission voted unanimously to propose an adjusted calendar for their meetings. 3. Existing Calendar. Currently the Park Commission meets formally every other month except December and on the alternating months has a work session. Meetings are on the first Monday of the month. January February March Regular (6 PM) Work Session (1 PM) Regular (6 PM) April May June Work Session (1 PM) Regular (6 PM) Work Session (1 PM) July August September Regular (6 PM) Work Session Regular (6 PM) October November December Work Session (1 PM) Regular (6 PM) No Meeting 4. Proposed Calendar. The proposed meeting calendar consists of one regular meeting per quarter, one work session per quarter at 1PM and one work session per quarter at 6PM. The exception remains the fourth quarter when there is not a meeting in December. Meetings remain on the first Monday of the Month except when a holiday forces a move to later in the week.. January February March Work Session (6 PM) Work Session (1 PM) Regular (6 PM) April May June Work Session (6 PM) Work Session (1 PM) Regular (6 PM) July August September Work Session (6 PM) Work Session (1 PM) Regular (6 PM) Wednesday October November December Work Session (1 PM) Regular (6 PM) No Meeting COUNCIL ACTION REQUESTED Motion to approve the attached revised 2020 Orono Official Meetings Calendar Exhibits A. Draft Revised 2020 Orono Official Meetings Calendar B. 2020 Orono Official Meetings Calendar Item No.: 5 Date: March 9, 2020 Item Description: Park Commission Schedule Revision Presenter: Adam T. Edwards City Engineer/Director of Public Works Agenda Section: Consent Agenda Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1 2 3 4 5 6 7 5 6 7 8 9 10 11 2 3 4 5 6 7 8 8 9 10 11 12 13 14 12 13 14 15 16 17 18 9 10 11 12 13 14 15 15 16 17 18 19 20 21 19 20 21 22 23 24 25 16 17 18 19 20 21 22 22 23 24 25 26 27 28 26 27 28 29 30 31 23 24 25 26 27 28 29 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 *7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 * H E Election Dates Park Commission Work Session at 6:00 p.m. Council Meeting at 6:00 p.m.Council Work Session at 5 p.m. 2020 Official Calendar approved on 11-12-19 by Motion of the City Council. Council Meeting w/ Truth in Taxation at 6:00 p.m. Park Commission Meeting at 6:00 p.m. Planning Commission Meeting at 6:00 p.m. Planning Commission Work Sessions Scheduled and Posted as Needed 5:30 p.m. October November December Park Commission Work Session at 1:00 p.m. Official Holidays July August September January February March April May June CITY OF ORONO 2020 OFFICIAL MEETINGS CALENDAR Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1 2 3 4 5 6 7 5 6 7 8 9 10 11 2 3 4 5 6 7 8 8 9 10 11 12 13 14 12 13 14 15 16 17 18 9 10 11 12 13 14 15 15 16 17 18 19 20 21 19 20 21 22 23 24 25 16 17 18 19 20 21 22 22 23 24 25 26 27 28 26 27 28 29 30 31 23 24 25 26 27 28 29 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 *7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 * H E April May June July August September October November December January February March Official Holidays Election Dates Park Commission Work Session at 1 p.m. Council Meeting at 6:00 p.m.Council Work Session at 5 p.m. 2020 Official Calendar approved on 11-12-19 by Motion of the City Council. Council Meeting w/ Truth in Taxation at 6:00 p.m. Park Commission Meeting at 6:00 p.m. Planning Commission Meeting at 6:00 p.m. Planning Commission Work Sessions Scheduled and Posted as Needed 5:30 p.m. CITY OF ORONO 2020 OFFICIAL MEETINGS CALENDAR AGENDA ITEM Prepared By: JG Reviewed By: Approved By: 1. Purpose. The purpose of this item is to gain Council Approval to accept the proposal for lawn mowing services for 2020-2022. 2. Background. The latest three year mowing contract ended in 2019. The parks department solicited quotes for 2020-2022 annual lawn mowing services and proposals were received from 3 firms. 3. Project Scope The scope of work includes the mowing of selected parks and city property (see exhibit A) from April through November. Changes to the parks mowing contract include the addition of trail mowing at Saga Hill, Casco Circle, Seven Nations, and increased mowing at Lurton Dog Park. The agreement for park mowing services is for 3 years, providing the company is continuing to provide high quality work. 4. Cost. The table below is a summary of the three proposals received. Firm One (1) Year Agreement Two (2) Year Agreement Three (3) Year Agreement Three (3) Year Total Shaughnessy Lawn Care $25,500 $26,000 $26,500 $78,000 Norling’s Lake Minnetonka Landscapes $49,335 $50,321 $51,328 $150,984 Larson Lawnscape, Inc. $49,224.50 $50,701.24 $52,222.28 $152,148.02 5. Funding. Mowing is funded through the Park Operation and Maintenance budget and the Central Services budget. 6. Staff Recommendation. Staff recommends acceptance of the lowest responsible quotation of $78,000 received from Shaughnessy Lawn Care. COUNCIL ACTION REQUESTED Motion to accept the proposal from Shaughnessy Lawn Care for park mowing services for the 2020-2022 seasons in the amount of $78,000. Exhibit A. Map of Lawn Maintenance Areas Item No.: 6 Date: March 9, 2020 Item Description: Parks Mowing Services Presenter: Jason Goehring Parks and Golf Course Supervisor Agenda Section: Consent Agenda A. Lawn Maintenance Areas AGENDA ITEM Prepared By: JG Reviewed By: Approved By: 1. Purpose. The purpose of this action item is to gain Council approval of seasonal and part time employees. 2. Background. The hourly pay is proposed to be $12.00-14.00 for the Golf Course Clubhouse Attendants, Brush Site Attendants, and Sledding Attendants; $12-$16 for Parks and Golf Course Maintenance Employees, and $10-$16 for Utilities Maintenance Workers; and a pay range of $15.00- $20.00 for the Clubhouse Manager. The Clubhouse Manager will be a part time employee. All other employees will be seasonal and fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. Name Position Wage ($/hr) Remarks Approved 1-13-20 Danielle Middendorf Sledding Hill Attendant $12.00 Returnee Approved 2-24-20 Marie Jorland Clubhouse Manager $16.00 Returnee Danielle Middendorf Clubhouse Attendant $13.00 Returnee Wendy Middendorf Clubhouse Attendant $13.00 Returnee Marshall Hambro Clubhouse Attendant $14.00 Returnee Calvin Schmidt Parks and Golf Maintenance $14.00 Returnee Paul Tolzmann Clubhouse Attendant $14.00 Returnee Rebecca Anderson Seasonal Utility Maintenance $14.00 Returnee Requesting Approval Chad Stowell Parks and Golf Maintenance $15.00 Returnee Ron Steffenhagen Parks and Golf Maintenance $14.00 Returnee Scott Prochnow Clubhouse Attendant $14.00 Returnee Fermin Aragon Parks and Golf Maintenance $14.00 Returnee 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. Item No.: 7 Date: March 9, 2020 Item Description: Appointment of 2020 Seasonal Employees Presenter: Jason Goehring Parks and Golf Course Supervisor Agenda Section: Consent Agenda Prepared By: Reviewed By: Approved By: 1. Purpose. The purpose of this action item is to award the contract for the 2020 Street Maintenance Project. 2. Background. At the May 28th, 2019 Council meeting streets were selected for maintenance in 2020 and design and engineering was authorized. Throughout the summer and fall Staff and our consulting firm, Bolton and Menk, have been preparing plans for the selected streets. Council was provided a status update a scope of work review at the October 28th Council Meeting. At which time the scope of work was reduced to bring it in line with budgetary limitations. Since the engineer estimates for the project was still higher than the projected fund availability for street projects, the bid was broken in to two parts. The Fox Street Extension was listed as a bid alternate (Part B) during the solicitation process. The other roads are the base (Part A) of the bid. 3. Scope of Work. The projects consists of the reclamation and/or mill and overlay of the bituminous pavement, select subgrade corrections, and the replacement / improvement of the associated stormwater systems for Smith & Lyman Avenues, Livingston and Navarre Avenues, Togo Road, and Briar Street as well as the paving of Fox Street Extension. . 4. Cost. The city received seven bids. The Bid Summary is at Exhibit A. The low bid is for $796,604.32 is from Omann Brothers. In addition to the construction cost, Bolton and Menk provided a proposal of NTE $ 124,000 for construction oversight. (Exhibit B) Who Work Cost Status Bolton &Menk, Inc Design and Bid Engineering Construction Oversight $156,000 Not to exceed Previously approved Omann Brothers Reclamation and resurfacing of roadways and associated utilities $ 796,604.32 Pending award Bolton &Menk, Inc Construction Oversight $ 124,000 Not to exceed TOTAL $1,076,604.32 5. Funding. Funding for the project will come from a combination of the pavement management fund, stormwater fund, Water fund and sewer fund. Fund Engr Estimate As bid Est. 2019 End of Year Fund Balance Pavement Fund $ 932,212 $ 826,562.71 $ 0 Stormwater Fund $ 214,641 $ 205,331.01 $ 802,708 Sewer Funds $15,194 $ 17,118.00 $ 1,287,310 Water Fund $ 46,750 $ 27,592.60 $ 208,779 Total $ 1,208,797 $1,076,604.32 6. Staff Recommendation. I recommend award of Parts A&B of the bid to Omann Brothers in the amount of $796,604.32. COUNCIL ACTION REQUESTED Move to award the 2020 Streets project to Omann Brothers for $796,604.32 and to authorize Bolton and Menk to perform construction oversite for a fee not to exceed $ 124,000.00. Reference A. Bid Tab B. Bolton and Menk Construction Services proposal Item No.: 8 Date: March 9, 2020 Item Description: 2020 Road Maintenance Project – Award Presenter: Adam Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda AGENDA ITEM Exhibit A-Bid Tab City Of Orono 2020 Street Improvements Bid Date: 4 March 2020 Contractor Part A Part B Part A+B Omann Brothers $ 760,171.42 $ 36,432.90 $ 796,604.32 GMH Asphalt $ 876,605.75 $ 39,564.00 $ 916,169.75 Valley Paving $ 907,293.00 $ 46,670.00 $ 953,963.00 Asphalt Surface Tech $ 948,120.35 $ 40,966.50 $ 989,086.85 Bituminous Roadways $ 957,134.00 $ 42,866.00 $ 1,000,000.00 Park Construction $ 1,186,183.45 $ 52,091.50 $ 1,238,274.95 Meyer Contracting $ 1,273,860.00 $ 60,293.20 $ 1,334,153.20 Part A = Smith & Lyman Avenues, Livingston and Navarre Avenues, Togo Road, and Briar Street. Part B = Paving of Fox Street Extension (East end) H:\ORNO\C13119315\1_Corres\C_To Others\2020 Street Improvements Construction Services 3-04-20.docx March 4, 2020 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2020 Street Improvement Project - Construction Services Dear Adam: As requested, we have prepared a scope of services and estimated fee for the construction services associated with the Street Improvement Project. Scope of Services Public Coordination/Communications Bolton & Menk is committed to supporting the coordination requirements of this project with qualified staff and will proactively engage affected property owners and the general public with timely and accurate information via newsletters and website updates as desired by the City. Construction Staking and Observation Construction staking will be provided along with full time construction observation. Duties of the Construction Observer will include the following: • Attendance at the pre-construction meeting and all construction-related meetings • Serve as a liaison between the City and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Review of all materials testing • Maintenance of construction documentation • Communication with affected property owners, as necessary, to address their construction-related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre-construction meeting and weekly construction meetings • Review of shop drawings • Preparation of pay estimates • Contractor Communications • Liaison with City Staff and Council Record drawings detailing the completed improvements as recorded by the construction observer and the City of Orono’s contractor will be completed and furnished to the City in hard copy and electronic format. Record plans will also be linked to the City mapping system and the City’s GIS system will be updated. 2020 Street Improvements Page 2 H:\ORNO\C13119315\1_Corres\C_To Others\2020 Street Improvements Construction Services 3-04-20.docx Fee Estimate In addition to the fees for the construction phase of the project, additional design services were required due to the change in scope for Togo Avenue from a mill and overlay to a full reconstruction. The fees associated with this change is $29,000. Based on the scope of services described above, and the additional design work, we propose a not-to-exceed of $124,000 to be billed on an hourly basis. A separate proposal for materials testing services will be submitted to the City for Review. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer AGENDA ITEM Prepared By: AMC Reviewed By: DJR Approved By: 1. Purpose. The purpose of this action item is to make appointments to the Planning Commission. 2. Discussion. The Ordinance allows for a maximum of three, three year terms. John Thiesse’s third term will expire on March 31, 2020. The city has received two applications: Scott Kirchner 1090 Heritage Lane (Rural) David Peterson, 2625 Fox Street (Rural) 3. Recommendation. Staff recommends that the City Council appoint one Planning Commissioner to three year term. COUNCIL ACTION REQUESTED Motion to adopt the resolution of appointments to the Planning Commission. Exhibits A. Draft Resolution to Appoint a Planning Commissioners Item No.: 9 Date: March 9, 2020 Item Description: Appointment of Planning Commissioners Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION DESIGNATING APPOINTMENTS TO THE ORONO PLANNING COMMISION BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments for the Orono Planning Commission are as follows: APPOINTMENT/DESIGNATION Term End Name Planning Commissioner March 31st, 2023 Planning Commissioner March 31st, 2022 Mark McCutcheon Planning Commissioner March 31st, 2021 Bob Erickson Planning Commissioner March 31st, 2022 Matthew Gettman Planning Commissioner March 31st, 2021 Dennis Libby Planning Commissioner March 31st, 2022 Christopher Bollis Planning Commissioner March 31st, 2021 Jon Ressler Alternate Planning Commissioner March 31st, 2021 Janice Berg Alternate Planning Commissioner March 31st, 2021 JB Seals Alternate Planning Commissioner March 31st, 2021 Mark Deopke Alternate Planning Commissioner March 31st, 2020 Loren Schoenzeit Alternate Planning Commissioner March 31st, 2020 Denis Leskinen Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held March 9, 2020. ATTEST: ______________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: 1. Purpose. To adopt an amendment to the city code that allows for the licensing of city land for the installation of private docks by adjacent property owners. 2. Background. The City Council, at its meeting on February 9th, directed staff to finalize the ordinance related to dock licensing. The final draft is provided as Exhibit A. The Council also directed the City Attorney to draft a lease agreement template; that is attached as exhibit B. The Council will appoint a dock administrator, expected to be the City Administrator or Community Development Director, who will review the dock license and recommend an action for the City Council. Since the lease agreement is a contract, the Mayor should sign it. The draft allows only the owner of a particular lot on Crystal Bay Road to be eligible for a particular dock site. If the Council wanted to expand the practice in the future, an ordinance amendment will be necessary. The only change from February is found in Section 38-905 (o). Staff added language regarding payment options (full payment, or annual payment by April 1st) and a prorated refund option. Staff has prepared a revision to the fee schedule introducing the license fee and license application. The proposed fee schedule adds a license fee of $325 per year. 3. Public Comment. No written comments have been received to date. 4. Staff Recommendation. Staff recommends approval of the ordinance as drafted. COUNCIL ACTION REQUESTED Staff recommends the Council approve the ordinance as drafted. Exhibits A. Draft Ordinance B. Draft License agreement template C. February 10, 2020 City Council minutes References October 14, 2020 Workshop Minutes January 13, 2020 Minutes February 10 City Council packet Item No.: 10 Date: March 9, 2020 Item Description: LA19-000097 – City of Orono Text Amendment Related to Dock Licensing Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report Page 1 LA19-97 ExA 3-9-2020 ORDINANCE NO. ___, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES ADDING A PROVISION FOR THE ESTABLISHIMENT OF A DOCK LICENSING PROGRAM THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Article VI is added to Chapter 38, Amusements and Entertainments to read as follows: Article VI Public Lakeshore, Lakeshore Rights of Way and Docks. Subd. 38-900 Definitions. For purposes of this section, the following terms shall have the meaning given them. A. “Dock” shall mean any wharf, pier, boat ramp, boat slip, or other structure constructed or maintained in, upon, or into the water of a lake from either public property or public rights of way. B. “Public property or public rights of way” shall mean all publicly owned property and all public rights of way that are immediately adjacent to a lakeshore, as designated on the dock location map to be maintained at all times by the City pursuant to this Section. C. “Dock accessories” shall mean all structures and materials used in conjunction with a dock including but not limited to boat lifts, buoys, fences or other obstructions and permanent or semi- permanent steps, ramps or other structures leading to the shoreline. D. “Dock site” shall mean the property designated in the license issued pursuant to this Section and as designated on the dock location map to be maintained by the City. Subd.38-901 License required. No person shall erect, place, keep, or maintain a dock or other structure from public property or public rights of way without a dock license. Subd.38-902 Applications. Applications for dock licenses shall contain the following information and such other information as the City deems necessary: A. Full name of applicant; B. Address; C. Preferred dock location on the dock location map and dock specifications; D. Boat license number of any boats to be moored at the dock. E. An application fee as established by the City Council. The application fee shall be refunded if the applicant is not awarded a dock license. Page 2 F. Proof of ownership of Residential Lot. Subd. 38-903 Eligible applicants. Property owners of land adjacent to city owned lakeshore parcels as described in the table below are eligible to apply for a dock license for said site or sites. Only one individual per household may apply for a dock license and only one license shall be issued per city owned parcel. Residential Lot Dock site PID 3445 Crystal Bay Road Is eligible for 1711723430123 3435 Crystal Bay Road Is eligible for 1711723430119 3415 Crystal Bay Road Is eligible for 1711723430117 3407 Crystal Bay Road Is eligible for 1711723430115 Subd. 38-904 Application approval and denial. The Dock Administrator shall provide a recommendation to the City Council who shall approve or deny all applications. No application shall be approved if there are any outstanding noncompliance orders against the applicant or if the proposed dock will not comply with all terms of the City Code. Subd. 38-905 Terms of License. Before a dock license is issued, the applicant must sign a license agreement containing the following terms and conditions and other provisions as the Council may require. A. Rights and Liabilities. Except as otherwise provided, a City dock license entitles the license holder to the exclusive use and control of the dock site and the same rights, obligations and liabilities as a private property owner. In addition to the provisions of this Section, all dock license sites shall fully comply with LMCD regulations and all applicable state laws and regulations. B. Indemnification. Dock license holders shall be solely responsible for the dock license site and all activities thereon. The license holder shall indemnify, defend and hold the City, its officers, boards, commissions, agents and employees harmless from and against any and all lawsuits, claims, causes of action, liability, and costs, of any nature that the City may at any time, directly or indirectly, suffer, sustain in any way connected with the grant of a dock license or activities on the dock license site. C. Docks. The license holder shall maintain only one dock at the dock license site. D. License plates. Dock license plates shall be issued by the City after approval of the license application. The license plate must be securely fixed to the streetside end of the licensed dock. License plates shall be maintained by the licensee and shall remain the property of the City. E. Transferability. Dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership or corporation, except that the license may be transferred to a purchaser of the license holder’s residential property within the City. Dock space may not be rented. F. Removal of docks. Upon termination of a dock license, the license holder must completely remove the licensed dock and all accessory items, including but not limited to stairs leading to the dock from the public property or public right of way. Any dock or accessory item that has not been removed will be removed by the City and all costs the responsibility of the last license holder for that dock site. G. Dock Construction; specifications and dimensions. 1. Docks on dock sites shall comply with LMCD regulations. Page 3 2. Docks shall be constructed of materials approved by the Dock Inspector; docks shall be of plank or rail construction; and all dock posts shall be of equal height above the dock; 3. Docks shall not be located closer than 10 feet to a neighboring dock license site or private property line. The Dock Administrator may refer, and the City Council may grant exceptions where there are unusual circumstances and such an exception will not have a detrimental impact on the lake. The City Council may impose conditions on any exception granted under this subsection. 4. Docks may not be permanently installed. H. Dock accessories. All dock accessories must be approved in writing prior to use at a Dock Site. I. Dock Storage. Docks must be removed from the water no later than November 1. Docks and Dock Accessories may not be stored on the Dock Site between November 1st and April 1st of the following year. J. Declaration of Watercraft – Requirements. Watercraft that are moored at a City dock or multiple slip site must be declared on the Dock License Application. The applicant must provide the City with a copy of the current DNR Watercraft Registration or US Coast Guard documentation or recently applied for DNR Watercraft Registration or US Coast Guard documentation for each watercraft, at the time of application. This DNR Registration or US Coast Guard documentation must verify that the watercraft is in the name of the Licensee. If a declared watercraft is removed from the City dock program, the site holder may substitute a replacement watercraft upon providing the City with required documentation as stated above. Newly declared replacement watercraft may be subject an additional LMCD fee. (1) Allowable Mooring of Non-Owned Watercraft. Mooring of watercraft not owned by the dock licensee is permitted for a period of up to 48 hours, two times in a calendar year. Unless permitted under the preceding two subsections, no watercraft shall be moored at a City dock site. K. Subject to inspections. All licensed docks are subject to inspection at reasonable times by the Dock Inspector or his or her designee. L. City Access. The City shall be free to enter the dock site for any reason at any reasonable time and to perform maintenance and regulatory functions to be specified in the terms of the dock license agreement. M. Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the license holder. N. Term. All dock licenses shall be valid for ten (10) years. O. License Fee. The City Council shall establish license fees. License fees shall not increase during the term of a license. A licensee must pay a license fee in full at the beginning of the term of the license or on a prorated annual basis by April 1 of each calendar year of the term of the license. Failure to pay the license fee by April 1 shall result in the termination the license agreement. In the event the licensee paid a license fee at the beginning of the term, and the license is terminated, the city may refund a prorated amount of the license fee, based on the number of years remaining at Page 4 the time of refund request, unless the licensee owes the City for costs and expenses as outlined in the license agreement. Subd.38-906 Administration. A. Dock Administrator. The City Council shall appoint a Dock Administrator who shall be responsible for the administration of the City Dock Licensing Program to include: processing applications, and maintaining the dock location map. B. Dock location map. There shall be on file with the City a map maintained by the Dock Administrator showing the approved locations of docks on public land and public rights of way. The map shall contain the following information: 1. Locations of public property and public rights of way; 2. Specific dock locations; 3. A numerical designation for each dock location to correspond with a list of license holders; 4. Restrictions applicable to certain areas of shoreline; 5. Shoreline access points; 6. Shoreline areas available for winter storage. C. Inspections; license revocation. The Dock Administrator or designee shall from time to time inspect any dock erected or maintained on public property or public rights of way. If there are any violations of the City Code, state statute or state regulation, the dock license holder shall be notified in writing of the way or ways the dock or dock area does not comply. The license holder shall have fourteen days to remove the dock or otherwise bring the dock license site into compliance. If the violation is not corrected after fourteen days, the license shall be revoked and all property removed from the dock license site unless, within the fourteen days, the Dock Administrator receives from the license holder a written request for a hearing. E. Appeals from any decision of the Dock Administrator shall be as provided for in Section 2-41 of the City Code. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this _____ day of _____, 2020 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Page 5 Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker Pioneer newspaper the week of ________, 2020. 1 DOCK SITE LICENSE AGREEMENT THIS LICENSE AGREEMENT is made on _______________________________ between the CITY OF ORONO, a Minnesota municipal corporation, located at 2750 Kelley Parkway, Orono, MN 55323 (the “City”), and ___________________________, an individual who owns property at _______________________________________________________ (“Licensee”). WHEREAS, the City has made available dock sites at specified locations on public property and public rights of way; WHEREAS, Licensee wishes to construct and maintain a dock at a dock site and agrees to the terms of this License Agreement; NOW, THEREFORE, the parties agree as follows: 1. License to Use Property. Subject to the terms and conditions of this License Agreement, the City hereby grants to the Licensee a license to use Dock Site # _______ (“Dock Site”), as designated on the official Orono Dock Location Map. 2. Term. The term of this License Agreement shall be for ten (10) years and will commence on __________________________ and end on ____________________________ unless terminated prior thereto as provided herein. 3. Conditions. The City and the Licensee agree that the Licensee will use the Dock Site subject to the following conditions: A. Docks. The Licensee shall maintain only one (1) dock at the Dock Site. B. License plates. Licensee shall securely fix the license plate issued by the City to the street-side end of the licensed dock. License plates shall be maintained by the Licensee and shall remain the property of the City. C. Removal of docks. Upon termination of a dock license, the Licensee must completely remove the licensed dock and all accessory items, including but not limited to stairs leading to the dock from the public property or public right of way. Any dock or accessory item that has not been removed will be removed by the City and all costs the responsibility of the last license holder for that Dock Site. D. Dock Construction; specifications and dimensions. The dock on the Dock Site shall comply with the following regulations: 1) The dock shall comply with LMCD regulations and all applicable state laws and regulations; 2) Docks shall be constructed of materials approved by the Dock Inspector; docks shall be of plank or rail construction; and all dock posts shall be of equal height above the dock; 2 3) Docks shall not be located closer than ten (10) feet to a neighboring dock license site or private property line unless City Council grants an exception. 4) Docks may not be permanently installed. E. Fires. No fires of any kind shall be permitted on the Dock Site. F. Landscaping. Licensee shall not cut or disrupt any trees or other vegetation along the shoreline in any way. All landscaping activity must be approved by the City. G. Mowing. Licensee shall mow and maintain the Dock Site area. H. Trails and Sidewalks. Licensee shall not obstruct the trails or sidewalks adjacent to the Dock Site in any way. I. Watercraft. The Licensee shall only moor watercraft that were declared on the Licensee’s Dock License Application at the Dock Site. If the declared watercraft is removed from the City dock program, the Licensee may substitute a replacement watercraft upon providing the City with the documentation it requires. Newly declared replacement watercraft may be subject an additional LMCD fee. Mooring of watercraft not owned by the Licensee is permitted for a period of up to 48 hours, only two (2) times in a calendar year. Except as described in the Orono City Code and herein, no watercraft shall be moored at the Dock Site. J. Dock accessories. All dock accessories must be approved in writing by the Dock Inspector prior to use at the Dock Site. K. Parking. Licensee agrees not to park at the Dock Site. L. Dock Storage. The dock must be removed from the water no later than November 1. The dock and dock accessories may not be stored on the Dock Site between November 1st and April 1st. 4. Use and Control of Property. Except as provided herein, the Licensee shall have the exclusive use and control of the Dock Site and the same rights, obligations, and liabilities as a private property owner. The Licensee shall be permitted to use the Property for the purposes described in this License Agreement and shall not use the Property for any other purposes. The Licensee shall not use the Dock Site, or permit anything to be done in or about the Property, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation. The Licensee shall use and keep the Dock Site in a clean and orderly condition. 5. City Access. City staff shall be free to enter the Dock Site for any reason at any time to perform maintenance, landscaping, inspections, and other regulatory functions. 6. Failure to Comply. If the Licensee fails to comply with the terms of this Agreement, the City Code, a state statute or a state regulation, the Licensee shall be notified in writing of the way or ways the dock or Dock Site area does not comply. The Licensee shall have fourteen (14) days to remove the dock or otherwise bring the Dock Site into compliance. If the violation is not corrected within fourteen (14) days, the license shall be revoked, this Agreement shall be terminated and all property shall be removed from the dock lease site unless, within the 3 fourteen (14) days, the Dock Administrator receives from the Licensee a written request for a hearing. 7. Payment. The Licensee agrees to pay for all costs of bringing the Dock Site into compliance, including the costs of removing property from the dock site. 8. License Fee. The Licensee agrees to pay a license fee in full at the beginning of the term of the license, or on a prorated annual basis by April 1 of each calendar year of the term of the license. Failure to pay the license fee by April 1 shall result in the termination of this License Agreement. Licensee understands that if the Licensee pays the license fee at the beginning of the term, the City may refund a prorated amount of the license fee to the Licensee, based on the number of years remaining at the time of the refund request, unless the licensee owes the City costs and expenses as outlined in this License Agreement. 9. Indemnification. The Licensee agrees to indemnify and hold harmless the City from and against all liability, damages, penalties, judgments, or claims of whatever nature arising from injury to person or property sustained by anyone arising out of use by the Licensee, its members, guests and invitees and occupancy of the Dock Site and will at Licensee’s own cost and expense defend any and all suits or actions (just or unjust) which may be brought against the City or in which the City may be impleaded with others upon any such above-mentioned matter, claim, or claims. This indemnity and hold harmless agreement will include indemnity against all costs, expenses, and liabilities incurred in or in connection with any such claims or proceedings brought thereon and the defense thereof. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. 10. Liability Insurance. Licensee will, at Licensee’s sole cost and expense, provide and maintain during the term of this License Agreement a blanket or general liability insurance policy against claims for personal injury, death, or property damage occurring in connection with the use and occupancy of the Dock Site. 11. Property Damage Insurance. Licensee will, at Licensee’s sole cost and expense, provide and maintain all risk property insurance during the term of this License Agreement in an amount sufficient to cover all items of property owned, maintained, or controlled by Licensee, its members, guests and invitees on the Dock Site. 12. Transferability. Dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership or corporation, except that the license may be transferred to a purchaser of the license holder’s residential property within the City. Dock space may not be rented. 13. Waiver of Default. Any waiver by the City of a default under the provisions of this License Agreement will not operate or be construed as a waiver of a subsequent default by Licensee. No waiver will be valid unless in writing and signed by the Mayor and attested by the City Clerk on behalf of the City. 14. Invalidity of Provisions. If any term or provision of this License Agreement or any application hereof to any person or circumstance is to any extent found to be invalid or unenforceable, the remainder of this License Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not 4 be effected thereby and each term and provision of this License Agreement will be valid and be enforced to the fullest extent permitted by law. 15. Entire Agreement. This instrument together with the Lease Agreement contain the entire and only agreement between the parties and no oral statements or representations or prior written matter not contained in this instrument will have any force and effect. This License Agreement cannot be modified in any way except by writing executed by both parties. 16. Governing Law. This License Agreement will be governed exclusively by the provisions hereof and by the laws of the State of Minnesota, as the same from time to time exists. 17. Attorney’s Fees. The Licensee shall pay all of the City’s costs, charges, and expenses, including reasonable attorneys’ fees and fees of agents and others retained by the City, incurred in enforcing Licensee’s obligations hereunder or incurred by the City in any litigation, negotiation or transaction in which Licensee causes the City, without the City’s fault, to become involved or concerned. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. CITY OF ORONO BY: Mayor Dennis Walsh Attest:__________________________________________ Anna Carlson, City Clerk LICENSEE: Printed Name: MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 15. LA19-000097 – CITY OF ORONO TEXT AMENDMENT – DOCK LICENSING Barnhart said he introduced the dock licensing ordinance in January which allows the City to issue licenses for the placement of private docks on City property. It was drafted for four properties on Crystal Bay Road, allowing them to put a dock on City property across Crystal Bay Road directly in front of their house. The goal was to minimize the reach of these types of improvements. He made some minor changes based on a discussion with the Council and is interested in feedback from the balance of the ordinance. The ordinance introduces a new duty on the part of either the City Administrator or Community Development Director. As Dock Administrator, you're granting certain authority for one of those individuals to issue licenses. The City Attorney would likely draft a template License Agreement the Council could review, but it would not necessarily go in front of the Council in the future. The suggested term for the license is ten years, which would provide enough time that the property owner could retrieve the value of that improvement. The other direction the Council had was to remove the docks from City property and they would need to be stored on private property over the winter. The ordinance was drafted to include a provision for visitor dock passes, although dock rental was prohibited. He asked for direction from the Council as to whether to leave that in or take it out and any other feedback. Seals asked what the current language is for any docks on lakes in Orono properties and whether it states 48 hours or anything regarding days. In other words, someone could have a weekend visitor. Barnhart indicated that is not permitted elsewhere. Seals asked why the City Council would do anything differently here than is done for anybody else. Barnhart said the reason he suggested it is the model ordinances he reviewed -- Minnetonka Beach, Mound, and Big Lake -- have that provision because the City is allowing private improvements on City property and allowing licensing or rental of docks which is not allowed elsewhere. He felt there was some value in providing a little measure of additional protection against that concept spreading. Walsh stated this was a privilege because the City is basically doing a license, it's more the character of the neighborhood, and the City has the ability to do that. He likes that there is a lot of bite in the ordinance so if rules are not followed, the City can take it away. He suggested getting rid of lines 83 to 88 so the visiting dock permit could be up to a period of 48 hours occurring two times in one calendar year. Seals stated that's why she was asking, because it seemed different than everywhere else and she wondered why Orono was creating something else. Walsh said it is more of a privilege than anything else so the City might as well have a little more control, especially for the character of the neighborhood. Mr. Scott Brown, 3435 Crystal Bay Road, said he wanted to clarify that the 48 hours pertains to if somebody wants to visit him and tie their boat up on his dock for 48 hours. Walsh stated he was correct, then clarified that the language was fine and it can be done twice a year. The part he wanted to get rid of is where someone could get a temporary dockage permit for somebody to sit there for 21 days. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 Seals stated they have a place on the lake. When they have family over, they bring over a pontoon and park it for the weekend. They are not around to inspect it, but 21 days is a little much. Walsh said most of the time people are coming and going, and there are not a lot of times that people are docking for a couple days straight. Johnson stated he would not be in favor of having overnight parking other than registered boat owners. In reviewing other cities' language, he did not see provisions for other people to use that space. There are two types of properties here: Two that already have a dock and two that have no dock rights. The City is grouping them together, but they are completely different. His recommendation would be to not muddy it with any rights of overnight parking other than the registered owner on the application. Walsh commented that language was getting a little too tough and the City Council could really stick it to somebody, and he does not want to get in that position. He would like to have a little flexibility. Printup stated the issue was discussed as far as overnight and friends and family and who comes and visits and how it should be done. It was decided to get away from having too stringent of language in the enforceability. If he is on a boat and wants to visit Crosby and gets too tired and can't drive later, is that going to be the greatest choice, to say they can't dock here, they’ve got to go to. He felt it was a safety aspect. Printup asked how it would be enforced on the weekend. Crosby said leaving the 48 hours in the language is reasonable but he would get rid of the 21 days. Printup said he understands Johnson's point as far as safety and not having strangers around. However, if the police notice something going on around the weekend, it would be documented. The City Council has teeth and can say, "Guess what, folks, you just lost your dock." They are not going to want to lose their dock. His big issue was, he had no interest in selling the land. The Council settled on the idea of maybe allowing some docks. The City does not want to be in the dock business. If it's not already in there, he would like to see a termination clause. Walsh stated that language was in there. Johnson said it's a little softer in that people have the right to become compliant. Crosby agreed with Printup’s point, that there are going to be times when you have a friend over, possibly drinking. You don't want to send somebody out intoxicated just because of your dock license. Walsh stated there are appeals in the document such as appealing per the City Code. Crosby said the 21-day language should be removed but the 48 hours is reasonable. Printup noted there's language regarding on November 1 the dock has to be removed for City-owned parcels both in the water and on land. He asked what would happen on November 2 if the dock is still there. He suggested the City take it and store it for a fee. If it is not picked up in two days, then the City gets rid of it. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 Mattick stated he is reluctant to codify every single thing one can do, but in the license application it is your property and it is their dock. You can have items in there that will allow the City to remove it. Walsh and Printup discussed that the City could do most of the codifying and stringent teeth in the License Agreement, as that is where they would agree to the terms. Printup said he does not want to seem like a bull and just taking stuff but wants it to be very clear so people don't mess this up. The Council wants it to be successful. Walsh agreed and said that is why the City Council is doing it. Mattick stated the license is a privilege and if there are problems and constantly enforcement actions, the City does not have to issue the license the next time. Walsh added that there are enforcement provisions within the term of the license to begin with. Mattick agreed and said the next year when the property owner applies again, the answer can be no. Walsh reminded Mattick it is a ten-year deal, and that is why there are provisions in the document to enforce and take away if the City needs to. Printup indicated there’s a question about dock length which gets into the LMCD world. Seals asked if that is something the City needs to be involved in. Printup said it is something the City can be involved in because the City is the owner. If it is a drought year or years and if you have to go out 150 feet to get into four-six feet of water, those are LMCD issues. Does the City want to apply to make that happen or say, “Forget it, we're only going out 50 feet or whatever the LMCD says.” The City would not apply for variances through the LMCD. Walsh stated the property owner would have to go through a variance for the City on top of dealing with the LMCD. Printup stated that is what he meant: The City does not want to get involved in that. He used drought years as an example of having to extend the dock out farther. The property owner would come to the City to apply. He said the City does not want to get involved in that, that it is not going up in the drought years. Walsh stated the City has the option of not applying. Printup stated he is suggesting that the City does not. Walsh commented that the owners can always ask and the City Council can decide. Crosby asked if the property owners had fairly good depth in the area. Mr. Brown said it was five-six feet. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 Johnson asked if the City Council is being asked to approve an ordinance, or in the same stroke is this also approving the docks for that stretch. Barnhart said he is looking for direction for changes in the ordinance and then will bring it back. The Council could direct the City Attorney to draft a template License Agreement so the Council reviews it, is comfortable with it, and adopts it. Then the property owners can be invited to make license applications. Printup moved, Seals seconded, to accept what the City Council has with the changes and then move forward at the same time to have Attorney Mattick start putting together a License Agreement to couple with that for review again as a final package. Johnson suggested adding a provision that it be the property owner's primary residence. He asked if it's a vacation rental, if that property can be used by someone other than the property owner. There are four properties -- two with docks, two without -- and the City is giving two people that don't have the privilege now, so wouldn't it make sense that it is their primary residence in order to have the privilege. Walsh stated if the property owner's primary residence is Florida, he would say no. As long as they own the property and they can show they own the boat, they have the right to put it out there. He would keep it with the homeowner, whether it's their primary residence or not. Johnson asked if the homeowner would be allowed to create a rental, purchase a boat in their name, and rent it out with the privilege of the boat as part of their rental. Crosby said if it is not in the homeowner's name, the answer would be no. Printup, Seals, and Walsh said it has to be the same owner for the boat and home. Crosby said the City would be getting into situations of VBRO, like renting out a vacation home for a longer period of time. Walsh said if they want to rent out their house and have somebody use their boat because it's at their dock, that is their issue. The Council is giving the homeowner the right but it's got to be his boat at the dock. Crosby said the craft has to be licensed to the homeowner. Walsh said it would be clear that the City would not let somebody rent and have their own boat. Crosby stated he thought that language would cut out a lot of that situation. Walsh said the City does not have a lot of that to begin with. Johnson agreed but said it could be created. Johnson said if the Council passes this, anybody that has property across from City land has the right to come to the City and get a dock. Walsh said that was not true. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 Johnson asked how the situation is different in this case from other cases. Walsh said it is a very specific and unique situation in Orono, where you have a road on your property. Printup added that people have been asking to buy it for decades. Barnhart stated it was spelled out for four specific parcels by PID. Johnson agreed that the City Council is calling attention to the specific four but did not see how somebody else who has a similar situation cannot apply for a dock license. Barnhart said a resident could ask to change the ordinance to include their property. Crosby clarified that a resident can ask, but the City Council has to look at each specific circumstance because they're all slightly different. Walsh stated the situation is pretty unique. Crosby said to him it is cleaning up an abnormality and that it shouldn't have been like this to begin with. Johnson asked if Printup weighed in on having one dock cluster versus a singular dock since it was tabled earlier until the full City Council was present. Printup indicated he is okay with it being adjacent, or single dock, and that it should include the termination clause and not messing with variances, no 21 days, and the property owner is the boat owner. Seals asked if it should be approved as a resolution so it comes back again to make sure it is right. Walsh stated that is being done and the motion is to continue to move it forward. Johnson brought up the fee that would be charged, noting he thought Staff’s recommendation was $300. Barnhart said originally it was $325 a year for three years, which is about $1,000. It would be up to the City Council on how to charge the fee. Walsh stated to him it is $325 a year and residents can pay it every year or all at once, but every year it has to be paid by X date or they are in default of the License Agreement, which could be part of the License Agreement. Johnson shared the rates that Excelsior and Tonka Bay charge which are based in part on boat footage and residents vs. non-residents. Walsh noted the City Council has tried to keep fees as low as they can, actually what it costs versus trying to get as much money as the City can. Johnson said he wanted to tell the Council what other cities were doing because they were not introduced. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 6 Crosby, Johnson, and Printup had a discussion regarding Orono being in the dock business to a degree but that it does not want to be overly involved. Barnhart asked if the City wanted to charge for a second boat. Walsh said no, as long as they go by the LMCD regulations. If the property owners want to have Jet Skis or boats, the residents are treating it like it is their property and they have to comply. It should be $325 a year whether it's one boat or two boats. Printup asked if it was normal to have more than one boat; he was thinking one boat. Walsh said they would have to have room for it. Crosby stated he did not know where they would fit more than one boat on those lots. Seals, Walsh, and Crosby discussed the need to address swimming/bathing rights if there are four docks and a lot of boats, since the area would be clogged up. Crosby stated he did not think the City should go down that path and did not think it would happen, and Walsh said there are still setbacks between neighbors and there are setbacks for docks and everything else for the LMCD. Mattick said if someone has a dock and a boat 20 feet from the shoreline, once you're talking about swimming on the surface water, they can do that in front of anyone's property. VOTE: Ayes 4, Nays 1 (Johnson). AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: 1. Purpose. To consider an ordinance revising the regulations related to special events in the city. 2. Background. In December, the City Council started the review of the special event ordinance, an ordinance intended to clarify and where necessary, adjust the review, standards, and enforcement of special events in the city. The City Council reviewed this ordinance in draft form in workshops in January and February. During these reviews, the Council received comments primarily related to fireworks activities, with a focus on notification and compliance with applicable fire codes. Notable changes to the special event regulations include: The City Council approves Special Events on city land or using fireworks. The police chief reviews all others, and may refer an event to the Council. Revisions to the home tour definition, intended to exclude brokers open houses. The City Attorney’s office added “provided that the event is likely to generate parking needs for more than 20 vehicles on city streets at any one time.” To the definition of Open House Tour. Addition of administrative penalties for violations of special event activities. Notification of all property owners within 500 feet, to be performed by the applicant. As noted above, Comments received focused on Fireworks. Related regulations include: Notification to all special events using fireworks is for all property owners within 1000 feet of the launch site. An insurance policy in favor of the city in the amount of $1,500,000. During the development of the ordinance, there was discussion regarding the definition of fireworks. The recommended definition refers to the Minnesota State Fire Code, administered by the Fire Chief and the Building Official. The Fire Chief confirms his support for the definition as proposed. 3. Staff Recommendation. Staff recommends adoption of the ordinance as drafted. COUNCIL ACTION REQUESTED City Council should review the ordinance and adopt or amend. Exhibits A. Draft Ordinance B. Draft Ordinance - clean References Council workshop packets and minutes 1-13-2020 Council workshop packets and minutes 2-10-2020 Council packet and minutes 12-9-19 Item No.: 11 Date: March 9, 2020 Item Description: LA19-00063 – City of Orono Text Amendment Related to Special Events Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda CITY OF ORONO 1 HENNEPIN COUNTY, MINNESOTA 2 3 ORDINANCE NO. 4 5 6 AN ORDINANCE AMENDING ARTICLE VI SPECIAL EVENTS AND ARTICLE VIII 7 ADMINISTRATIVE OFFENSES AND PENALTIES 8 OF THE ORONO CITY CODE 9 10 11 THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: 12 13 SECTION 1. Article VI of the Orono City Code is amended as follows: 14 15 ARTICLE VI. - SPECIAL EVENTS 16 17 Sec. 66-191. - Definitions. 18 The following words, terms and phrases, when used in this article, shall have the meanings 19 ascribed to them in this section, except where the context clearly indicates a different meaning: 20 Road Race or Tours means any organized event that requests alterations to the traffic control 21 features of public roads, including, but not limited to alteration of stop, yield, or merge signs, or 22 requests of dedicated use of traffic lanes. 23 Fireworks means the display of any composition or device that meets the definition of 24 fireworks as set forth in the Minnesota State Fire Code. any substance or combination of 25 substances or article prepared for the purpose of producing a visible or an audible effect by 26 combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, 27 and toy canes in which explosives are used, the type of balloons which require fire underneath to 28 propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, or other 29 fireworks of like construction, and any fireworks containing any explosive or inflammable 30 compound, or any tablets or other device containing any explosive substance and commonly 31 used as fireworks as defined by Minn. Stat. § 624.20. 32 Special Service in this chapter means traffic control, crowd control, or the display of City of 33 Orono or Long Lake, including police, fire, or public works resources, vehicles or equipment. 34 Open House Home Tour means an event hosted over multiple days or weekends for the 35 purpose of promoting homes for sale and or craftsmanship, provided that the event is likely to 36 generate parking needs for more than 20 vehicles on city streets at any one time. This may 37 include remodeling home tours, builders home tours, artesian tours and similar but does not 38 include brokerage open houses. 39 ParadeParade means any movement of vehicles, persons or animals, in any combination, 40 which either moves together andeither moves together or as a body so as to impede or affect the 41 free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part is 42 in violation of one or more traffic laws or regulations. 43 Private event means any private function or special event that exceeds normal levels of city 44 public service and requires Sspecial Sservice from city departments and/or mutual-aid 45 agreements or requires 20 or more on street parking spaces at the same time.. 46 Special eventSpecial Event means any Road Race or Tour, Fireworks, Private Event, Parade, 47 any non-city event using city property, provided that the event is likely to generate parking needs 48 for more than 20 vehicles on residential streets at any one time or is otherwise likely to impede 49 or affect the free and unobstructed flow of vehicular or pedestrian traffic marathon run, block 50 party, fishing contest, parachute jump, hot-air balloon event, carnival, open house held as part of 51 a home tourOpen House Home Tour, or Estate Sale., or any other activity or event which in 52 some way impedes or affects the free and unobstructed flow of vehicular or pedestrian traffic, 53 generates parking needs for more than 20 vehicles off the site at any one time on residential 54 streets, not including a public access to Lake Minnetonka, or requires the posting of no parking 55 signs to maintain compliance with traffic laws and regulations. 56 (Code 1984, § 6.08(1); Ord. No. 48 3rd series, § 1, 8-25-2008; Ord. No. 57 3rd series, § 1, 4-27-57 2009) 58 Cross reference— Definitions generally, § 1-2. 59 Sec. 66-192. - Impeding prohibited. 60 It is unlawful for any person to hamper, obstruct, or impede, or interfere with any parade, 61 parade assembly, special eventSpecial Event or any person, animal or vehicle participating in a 62 parade or special eventSpecial Event. 63 (Code 1984, § 6.08(5)(A)) 64 Sec. 66-193. - Driving vehicles between paradeParade units. 65 It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a 66 paradeParade or special eventSpecial Event when such paradeParade or special eventSpecial 67 Event is in motion, except by direction of police officers directing traffic. 68 (Code 1984, § 6.08(5)(B)) 69 Sec. 66-194. - Unauthorized entering. 70 It is unlawful for any person to enter into a paradeParade or special eventSpecial Event 71 without prior authorization from the person in charge of the event. 72 (Code 1984, § 6.08(5)(C)) 73 Sec. 66-195. - Removal of obstructions of traffic. 74 In any case where vehicles or parking by an activity obstructs traffic, regardless of whether 75 or not the activity required a permit. The City may ticket that person and all the cars that 76 constitute the traffic hazard. Vehicles that constitute a hazard may be towed at the owner's 77 expense if so ordered by the police officer. 78 (Code 1984, § 6.08(6)) 79 Secs. 66-196—66-220. - Reserved. 80 DIVISION 2. - PERMIT 81 82 Sec. 66-221. - Required. 83 A permit shall be obtained from the city by any person who will be holding or sponsoring a 84 parade, private event or Sspecial Eevent on City property, or the owner or their agent for any 85 Special Event on private propoerty. The permit requirements set forth in chapter 38, article V, 86 apply in addition to all licensing requirements. 87 (Code 1984, § 6.08(2); Ord. No. 48 3rd series, § 2, 8-25-2008) Sec. 66-222. - Exceptions. 88 The following are not required to apply for permits under this division: 89 (1) Funeral processions; 90 (2) A governmental agency acting within the scope of its functions; 91 (3) An occasional private party that is held on private residential lots that does not require 92 special service from a city department. 93 (Code 1984, § 6.08(7); Ord. No. 48 3rd series, § 3, 8-25-2008) Sec. 66-223. - Application. 94 (a) Application for a parade or sSpecial Eevent permit shall be made to the city at least 14 21 95 days in advance of the date on which the parade or special event Special Event is to occur 96 unless waived by the city administrator or designee if, after due consideration of the date, 97 time, place, and nature of the parade or sSpecial Eevent, the anticipated number of 98 participants, and the city services required in connection with the event, the city administrator 99 or designee determines that the waiver will not present a hazard to public safety. 100 (b) The applicant shall complete an application fill out a form as offered provided by the city 101 administrator or designee, and may include the followingstating the: 102 (1) Applicant's name, address, and telephone number (including the telephone number(s) 103 in which the applicant can be reached on the day of the paradeParade or special 104 eventSpecial Event); 105 (2) Proposed parade route or location of special eventSpecial Event; 106 (3) Time of commencement and termination and date when the parade or special 107 eventSpecial Event is to occur; 108 (4) Anticipated number of participants; 109 (5) Shuttle bus plan for participants and location of off-site parking for open houses; 110 (6) Site plan locating buildings, driveways, local streets, parking location, temporary 111 structures (tents) (including size), temporary restrooms, stage and location of speakers, 112 or any cordoned off area(s) for special eventSpecial Events; 113 (7) Signature of the owner of the property on which the special eventSpecial Event is to be 114 held; 115 (8) Proof of written notice to all property owners within 350 feet of the location on which 116 a special event is to be held at least ten days prior to the special event. The notice must 117 contain the date, time, and location of the special event; and 118 ((89) Proof of possession of any license or permit which, under federal, state or local laws 119 or regulations, the applicant is required to have in order to conduct the parade or special 120 eventSpecial Event, or which, under any such law or regulation, would exempt the applicant 121 from the licensing requirements of this article. 122 (c) The application shall be executed by the individual applying for the permit or the duly 123 authorized agent or representative of the sponsoring organization. The permit requirements 124 set forth in this section apply in addition to all requirements in section 38-802. 125 126 (Code 1984, § 6.08(2); Ord. No. 57 3rd series, § 2, 4-27-2009) 127 Sec. 66-224. - Application review and issuance. 128 (a) The city administrator or designee shall forthwith refer all applications for paradeParades 129 and special eventSpecial Events to the police chief or designee and to other city departments as 130 deemed necessary. 131 (b) The police chief or designee shall review each application to determine whether and to what 132 extent additional police protection is reasonably necessary and to what extent the paradeParade or 133 special eventSpecial Event will interfere with the safe and orderly movement of vehicular and 134 pedestrian movement on public streets. 135 136 (c) The Police Chief city administrator or designee shall issue the permit as provided for herein, 137 unless grounds exist for denying the permit under section 66-225. 138 (d) The City Council shall review all special events requesting the use of city land. The City 139 administrator or their designee may refer any Special Event Permit to the City Council for their 140 review. 141 (e) The applicant shall provide notice of the date and time and contact information for the 142 Special Event to all property owners within 500 feet of the property hosting a Special Event. 143 The City Administrator may accept alternative methods of notification , unless an alternative 144 notification method has been approved by the City Administratorwhere appropriate given the 145 scope of the Event. 146 (f) Additional Regulations for those Special Events that employ Fireworks. 147 1. The Fire Chief shall review all applications involving Fireworks for compliance with 148 applicable state codes, and forward a recommendation to the City Council. 149 2. The City Council shall review all applications involving Fireworks. 150 3. Notice of the date, time, and contact information shall be provided to all property 151 owners within 1,000 feet of the launch site of the fireworks. 152 4. A policy or certificate of insurance on which the city, its agents and employees, are 153 additional insureds, providing public liability insurance providing umbrella or all perils 154 coverage in the amount of $1,500,000.00. 155 Sec. 66-225. - Denial of permit. 156 (a) The city administrator or designee may refuse to issue a parade or special eventSpecial Event 157 permit to the applicant for any of the following reasons: 158 (1) The conduct of the parade or special eventSpecial Event will substantially interrupt the 159 safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route 160 or location. 161 (2) The conduct of the parade or special eventSpecial Event will require the diversion of an 162 amount of city resources necessary to maintain adequate city function, in the sole 163 discretion of the City Administrator or their designee. 164 (3) The paradeParade or Road Race or Tour is not scheduled to move from its point of 165 origin to its point of termination expeditiously and without unreasonable delays ien- 166 route. 167 (4) Adequate sanitation and other required health facilities are or will not be available. 168 (5) Sufficient parking near the site of the paradeParade or special eventSpecial Event has 169 not been provided to accommodate the number of vehicles reasonably expected, or the 170 applicant has not provided a plan that is sufficient to shuttle visitors to and from a special 171 eventSpecial Event. 172 (6) The application fails to comply with relevant provisions of section 38-802. 173 (7) An investigation revealed that theThe applicant falsified information on the application. 174 (8) Failure of the applicant to pay the required fee. 175 (910) Failure of the applicant or the owner of the property on which the special eventSpecial 176 Event is to be held to sign the application. 177 (10) The special event has failed to obtain state or county required permits, including but not 178 limited to Fire, Health, or Liquor permits. 179 (11) The completed application was not received 210 or more days before the event. 180 181 (b) The city administrator or designee shall act promptly upon a timely filed application for a 182 paradeParade or special eventSpecial Event permit, but in no event shall grant or deny a permit 183 less than 48 hours prior to the paradeParade or special eventSpecial Event and shall include 184 reasons for denial. 185 (Code 1984, § 6.08(4); Ord. No. 57 3rd series, § 2, 4-27-2009; Ord. No. 178 3rd series, § 5, 10-186 10-2016) 187 Sec. 66-226. - Payment of expenses. 188 The applicant for a parade, a special eventSpecial Event, or a private event permit shall pay 189 an application fee as determined from time to time by the City Councilservice charge for the 190 governmental services provided to enforce this article; and the city may, as a condition of 191 approval of the permit, require that the applicant deposit money with the city in a sum equal to 192 the estimated service charge to be incurred by the city. Service charges include all city staff and 193 resource time or city consultant time necessary. The city may certify to the county auditor any 194 unpaid service charges which shall be collected together with property taxes levied against the 195 property. 196 (Code 1984, § 6.08(8); Ord. No. 48 3rd series, § 4, 8-25-2008) 197 Sec. 66-227. - Fees. 198 All permits provided for in this division shall be issued only upon payment in full of permit 199 fees and other costs fixed and determined by resolution. 200 (Code 1984, § 6.08(9)) 201 Sec. 66-228. - Prohibitions. 202 The following prohibitions shall apply to all parades and special eventSpecial Events: 203 (1) It shall be unlawful for any person to stage, present, or conduct any parade or special 204 eventSpecial Event without first having obtained a permit as herein provided. 205 (2) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly 206 licensed paradeParade or special eventSpecial Event to knowingly fail to comply with 207 any condition of the permit. 208 (3) It shall be unlawful for any person to engage in any paradeParade or special eventSpecial 209 Event that would constitute a substantial hazard to the public safety or that would 210 materially interfere with or endanger the public peace or rights of residents to the quiet 211 and peaceful enjoyment of their property. 212 (4) The following Special Event types and locations shall be prohibited: 213 a. Closeda. Closed Road Races 214 b. Eventsb. Events using Trunk Highways 215 c. Eventsc. Events on Big Island. 216 (Ord. No. 57 3rd series, § 3, 4-27-2009) 217 Sec. 66-229. - Revocation of permit. 218 The city administrator or designee shall have the authority to revoke a paradeParade or 219 special eventSpecial Event permit instantly upon violation of the conditions or standards for 220 issuance as set forth in this article or when a public emergency arises where the police resources 221 required for that emergency are so great that deployment of police services for the paradeParade 222 or special eventSpecial Event would have an immediate and adverse effect upon the welfare and 223 safety of persons or property. 224 Sec. 66-230. – Penalties 225 (a) On a finding thatIf an applicant, permit holder, or any person licensee has failsed to 226 comply with any provision of an applicable statute, rule or ordinance relating to alcoholic 227 beverages,Article VI Special Events, the city may impose an administrative penalty as set 228 forth in the chart in clause (c) of this Section. revoke the license, suspend the license, impose 229 a civil penalty of up to $2,000.00 for each violation, or impose any combination of these 230 sanctions. Conviction of a violation in a court of law is not required in order for the council to 231 impose the civil penaltyimposition of an administrative penalty. Appeals of an administrative 232 penalty issued pursuant to this section shall be heard in accordance with the procedure set 233 forth in Article VII Administrative Offenses and Penalties. 234 235 Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall 236 take effect until the licensee has been afforded an opportunity for a hearing pursuant to the 237 Administrative Procedures Act, Minn. Stat. §§ 14.57 to 14.70, as it may be amended from 238 time to time. The council may act as the hearing body under that act, or it may contract with 239 the office of hearing examiners for a hearing officer. Non-payment of the penalty is grounds 240 for suspension or revocation of the license. 241 (b) Multiple violations are computed by checking the time period of the three (3) years 242 immediately prior to the date of the most current violation. 243 244 (c) The presumptiveed penalties for violations are as follows: 245 246 1st Violation $250.00 2nd Violation $500.00 3rd Violation $1,000.00 247 1 st violation $250.00 plus costs 2 nd violation $500.00 plus costs 3 rd violation $1,000.00 plus costs 248 SECTION 2. Article VIII of the Orono City Code is amended by adding and striking text as 249 follows: 250 ARTICLE VIII. - ADMINISTRATIVE OFFENSES AND PENALTIES 251 DIVISION 1. - IN GENERAL 252 Sec. 66-250. - Administrative offenses. 253 The Orono City Council has determined to enforce certain offenses within the City of 254 Orono as administrative offenses. Those offenses to be enforced as administrative offenses shall 255 be determined by resolution of the city council as recommended by the chief of police. These 256 administrative penalty procedures in this section are intended to provide the public and the city 257 with an informal, cost effective, and expeditious alternative to traditional criminal charges for 258 violations of certain provisions of this code. The procedures are intended to be voluntary on the 259 part of those who have been charged with those offenses. 260 (Ord. No. 121 3rd series, § 1, 12-9-2013) 261 Sec. 66-251. - Violation/penalty. 262 Any person violating one of the administrative offenses within the City of Orono shall be 263 subject to the scheduled administrative penalty. The city council shall determine the 264 administrative penalties and both the administrative offenses and the penalty amount may be 265 amended, from time to time, by resolution of the city council. 266 (Ord. No. 121 3rd series, § 1, 12-9-2013) 267 Sec. 66-252. - Enforcement. 268 Any member of the police department or any other person employed by the city with 269 authority to enforce the city Code may issue administrative violations under this article. 270 Notice shall be given to the violator setting forth the nature of the offenses, the date, time of 271 the violation, the name of the official issuing the citation and the amount of the scheduled 272 penalty. 273 (Ord. No. 121 3rd series, § 1, 12-9-2013) 274 Sec. 66-253. - Payment. 275 Once notice of an administrative violation is given, the person responsible for the violation shall, 276 within 14 calendar days of issuance of the notice, pay the stated violation penalty to the City. At 277 any time before the payment of the administrative penalty is due, the person who has been given 278 notice of an alleged violation may request to appear before the city council to contest the request 279 for payment of the penalty. After a hearing before the council, the council may determine to 280 withdraw the request for payment or to renew the request for payment. Because the payment of 281 the administrative penalty is voluntary, there shall be no appeal from the decision of the council. 282 (Ord. No. 121 3rd series, § 1, 12-9-2013) 283 Sec. 66-254. - Failure to pay. 284 If a violator fails to pay the penalty imposed by this administrative citation, or if the violator 285 wishes to contest the citation,or the situation that created the violation remains uncorrected, then 286 the matter shall be processed as an article violation or criminal offense through the Hennepin 287 County District Court System the City may issue a petty misdemeanor or misdemeanor citation 288 for the violation of the ordinance. A person convicted of a violation of this Ordinance shall be 289 guilty of a misdemeanor and punished by a fine of not more than $1,000.00, imprisonment for a 290 term not exceeding 90 days, or any combination thereof; provided, however, that if the violation 291 is declared to be a petty misdemeanor, the penalty shall be a fine not to exceed $300.00. 292 Additionally, a person convicted of a violation of this article shall pay the costs of prosecution. 293 The city, in its discretion, may bring criminal charges in the first instance, rather than requesting 294 the payment of an administrative penalty, even if a penalty for the particular violation has been 295 established by Council resolution. If the administrative penalty is paid, or if any requested 296 correction of the situation resulting in the violation is completed, no criminal charges shall be 297 initiated by the city for the alleged violation. 298 (Ord. No. 57 3rd series, § 3, 4-27-2009) 299 SECTION 3. This ordinance shall be effective immediately upon its passage and publication. 300 301 ADOPTED this day of , 2020, by the City Council of the City of 302 Orono. 303 304 CITY OF ORONO 305 306 BY: 307 Dennis Walsh, Mayor 308 309 ATTEST: 310 311 312 Anna Carlson, City Clerk 313 314 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE VI SPECIAL EVENTS AND ARTICLE VIII ADMINISTRATIVE OFFENSES AND PENALTIES OF THE ORONO CITY CODE THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Article VI of the Orono City Code is amended as follows: ARTICLE VI. - SPECIAL EVENTS Sec. 66-191. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Road Race or Tours means any organized event that requests alterations to the traffic control features of public roads, including, but not limited to alteration of stop, yield, or merge signs, or requests of dedicated use of traffic lanes. Fireworks means the display of any composition or device that meets the definition of fireworks as set forth in the Minnesota State Fire Code. Special Service in this chapter means traffic control, crowd control, or the display of City of Orono or Long Lake, including police, fire, or public works resources, vehicles or equipment. Open House Home Tour means an event hosted over multiple days or weekends for the purpose of promoting homes for sale and or craftsmanship, provided that the event is likely to generate parking needs for more than 20 vehicles on city streets at any one time. This may include remodeling home tours, builders home tours, artesian tours and similar but does not include brokerage open houses. Parade means any movement of vehicles, persons or animals, in any combination, which either moves together or as a body so as to impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part is in violation of one or more traffic laws or regulations. Private event means any private function that requires Special Service from city departments and/or mutual-aid agreements or requires 20 or more on street parking spaces at the same time. Special Event means any Road Race or Tour, Fireworks, Private Event, Parade, any non-city event using city property, provided that the event is likely to generate parking needs for more than 20 vehicles on residential streets at any one time or is otherwise likely to impede or affect the free and unobstructed flow of vehicular or pedestrian traffic Open House Home Tour, or Estate Sale.. (Code 1984, § 6.08(1); Ord. No. 48 3rd series, § 1, 8-25-2008; Ord. No. 57 3rd series, § 1, 4-27- 2009) Cross reference— Definitions generally, § 1-2. Sec. 66-192. - Impeding prohibited. It is unlawful for any person to hamper, obstruct, or impede, or interfere with any Special Event or any person, animal or vehicle participating in a Special Event. (Code 1984, § 6.08(5)(A)) Sec. 66-193. - Driving vehicles between Parade units. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a Parade or Special Event when such Parade or Special Event is in motion, except by direction of police officers directing traffic. (Code 1984, § 6.08(5)(B)) Sec. 66-194. - Unauthorized entering. It is unlawful for any person to enter into a Parade or Special Event without prior authorization from the person in charge of the event. (Code 1984, § 6.08(5)(C)) Sec. 66-195. - Removal of obstructions of traffic. In any case where vehicles or parking by an activity obstructs traffic, regardless of whether or not the activity required a permit. The City may ticket that person and all the cars that constitute the traffic hazard. Vehicles that constitute a hazard may be towed at the owner's expense if so ordered by the police officer. (Code 1984, § 6.08(6)) Secs. 66-196—66-220. - Reserved. Sec. 66-221. - Required. A permit shall be obtained from the city by any person who will be holding or sponsoring a Special Event on City property, or the owner or their agent for any Special Event on private property. The permit requirements set forth in chapter 38, article V, apply in addition to all licensing requirements. (Code 1984, § 6.08(2); Ord. No. 48 3rd series, § 2, 8-25-2008) Sec. 66-222. - Exceptions. The following are not required to apply for permits under this division: (1) Funeral processions; (2) A governmental agency acting within the scope of its functions; (Code 1984, § 6.08(7); Ord. No. 48 3rd series, § 3, 8-25-2008) Sec. 66-223. - Application. (a) Application for Special Event permit shall be made to the city at least 21 days in advance of the date on which the Special Event is to occur unless waived by the city administrator or designee if, after due consideration of the date, time, place, and nature of the Special Event, and the city services required in connection with the event, the city administrator or designee determines that the waiver will not present a hazard to public safety. (b) The applicant shall complete an application as offered by the city administrator or designee, and may include the following: (1) Applicant's name, address, and telephone number (including the telephone number(s) in which the applicant can be reached on the day of the Parade or Special Event); (2) Proposed route or location of Special Event; (3) Time of commencement and termination and date when the Special Event is to occur; (4) Anticipated number of participants; (5) Shuttle bus plan for participants and location of off-site parking; (6) Site plan locating buildings, driveways, local streets, parking location, temporary structures (tents) (including size), temporary restrooms, stage and location of speakers, or any cordoned off area(s) for Special Events; (7) Signature of the owner of the property on which the Special Event is to be held; (8) Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the Special Event, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this article. (c) The application shall be executed by the individual applying for the permit or the duly authorized agent or representative of the sponsoring organization. The permit requirements set forth in this section apply in addition to all requirements in section 38-802. (Code 1984, § 6.08(2); Ord. No. 57 3rd series, § 2, 4-27-2009) Sec. 66-224. - Application review and issuance. (a) The city administrator or designee shall forthwith refer all applications for Parades and Special Events to the police chief or designee and to other city departments as deemed necessary. (b) The police chief or designee shall review each application to determine whether and to what extent additional police protection is reasonably necessary and to what extent the Parade or Special Event will interfere with the safe and orderly movement of vehicular and pedestrian movement on public streets. (c) The Police Chief or designee shall issue the permit as provided for herein, unless grounds exist for denying the permit under section 66-225. (d) The City Council shall review all special events requesting the use of city land. The City administrator or their designee may refer any Special Event Permit to the City Council for their review. (e) The applicant shall provide notice of the date and time and contact information for the Special Event to all property owners within 500 feet of the property hosting a Special Event. The City Administrator may accept alternative methods of notification where appropriate given the scope of the Event. (f) Additional Regulations for those Special Events that employ Fireworks. 1. The Fire Chief shall review all applications involving Fireworks for compliance with applicable state codes, and forward a recommendation to the City Council. 2. The City Council shall review all applications involving Fireworks. 3. Notice of the date, time, and contact information shall be provided to all property owners within 1,000 feet of the launch site of the fireworks. 4. A policy or certificate of insurance on which the city, its agents and employees, are additional insureds, providing public liability insurance providing umbrella or all perils coverage in the amount of $1,500,000.00. Sec. 66-225. - Denial of permit. (a) The city administrator or designee may refuse to issue a Special Event permit to the applicant for any of the following reasons: (1) The conduct of the Special Event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location. (2) The conduct of the Special Event will require the diversion of an amount of city resources necessary to maintain adequate city function, in the sole discretion of the City Administrator or their designee. (3) The Parade or Road Race or Tour is not scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays in-route. (4) Adequate sanitation and other required health facilities are or will not be available. (5) Sufficient parking near the site of the Parade or Special Event has not been provided to accommodate the number of vehicles reasonably expected, or the applicant has not provided a plan that is sufficient to shuttle visitors to and from a Special Event. (6) The application fails to comply with relevant provisions of section 38-802. (7) The applicant falsified information on the application. (8) Failure of the applicant to pay the required fee. (9) Failure of the applicant or the owner of the property on which the Special Event is to be held to sign the application. (10) The special event has failed to obtain state or county required permits, including but not limited to Fire, Health, or Liquor permits. (11) The completed application was not received 21 or more days before the event. (b) The city administrator or designee shall act promptly upon a timely filed application for a Parade or Special Event permit, but in no event shall grant or deny a permit less than 48 hours prior to the Parade or Special Event and shall include reasons for denial. (Code 1984, § 6.08(4); Ord. No. 57 3rd series, § 2, 4-27-2009; Ord. No. 178 3rd series, § 5, 10- 10-2016) Sec. 66-226. - Payment of expenses. The applicant for a Special Event shall pay an application fee as determined from time to time by the City Council; and the city may, as a condition of approval of the permit, require that the applicant deposit money with the city in a sum equal to the estimated service charge to be incurred by the city. Service charges include all city staff and resource time or city consultant time necessary. The city may certify to the county auditor any unpaid service charges which shall be collected together with property taxes levied against the property. (Code 1984, § 6.08(8); Ord. No. 48 3rd series, § 4, 8-25-2008) Sec. 66-227. - Fees. All permits provided for in this division shall be issued only upon payment in full of permit fees and other costs fixed and determined by resolution. (Code 1984, § 6.08(9)) Sec. 66-228. - Prohibitions. The following prohibitions shall apply to all Special Events: (1) It shall be unlawful for any person to stage, present, or conduct any Special Event without first having obtained a permit as herein provided. (2) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed Parade or Special Event to fail to comply with any condition of the permit. (3) It shall be unlawful for any person to engage in any Parade or Special Event that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property. (4) The following Special Event types and locations shall be prohibited: a. Closed Road Races b. Events using Trunk Highways c. Events on Big Island. (Ord. No. 57 3rd series, § 3, 4-27-2009) Sec. 66-229. - Revocation of permit. The city administrator or designee shall have the authority to revoke a Parade or Special Event permit instantly upon violation of the conditions or standards for issuance as set forth in this article or when a public emergency arises where the police resources required for that emergency are so great that deployment of services for the Parade or Special Event would have an immediate and adverse effect upon the welfare and safety of persons or property. Sec. 66-230. – Penalties (a) If an applicant, permit holder, or any person fails to comply with any provision of Article VI Special Events, the city may impose an administrative penalty as set forth in the chart in clause (c) of this Section. Conviction of a violation in a court of law is not required in order for imposition of an administrative penalty. Appeals of an administrative penalty issued pursuant to this section shall be heard in accordance with the procedure set forth in Article VII Administrative Offenses and Penalties. (b) Multiple violations are computed by checking the time period of the three (3) years immediately prior to the date of the most current violation. (c) The presumptive penalties for violations are as follows: 1st Violation $250.00 2nd Violation $500.00 3rd Violation $1,000.00 SECTION 2. Article VIII of the Orono City Code is amended by adding and striking text as follows: ARTICLE VIII. - ADMINISTRATIVE OFFENSES AND PENALTIES DIVISION 1. - IN GENERAL Sec. 66-250. - Administrative offenses. The Orono City Council has determined to enforce certain offenses within the City of Orono as administrative offenses. Those offenses to be enforced as administrative offenses shall be determined by resolution of the city council as recommended by the chief of police. These administrative penalty procedures in this section are intended to provide the public and the city with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain provisions of this code. The procedures are intended to be voluntary on the part of those who have been charged with those offenses. (Ord. No. 121 3rd series, § 1, 12-9-2013) Sec. 66-251. - Violation/penalty. Any person violating one of the administrative offenses within the City of Orono shall be subject to the scheduled administrative penalty. The city council shall determine the administrative penalties and both the administrative offenses and the penalty amount may be amended, from time to time, by resolution of the city council. (Ord. No. 121 3rd series, § 1, 12-9-2013) Sec. 66-252. - Enforcement. Any member of the police department or any other person employed by the city with authority to enforce the city Code may issue administrative violations under this article. Notice shall be given to the violator setting forth the nature of the offenses, the date, time of the violation, the name of the official issuing the citation and the amount of the scheduled penalty. (Ord. No. 121 3rd series, § 1, 12-9-2013) Sec. 66-253. - Payment. Once notice of an administrative violation is given, the person responsible for the violation shall, within 14 calendar days of issuance of the notice, pay the stated violation penalty to the City. At any time before the payment of the administrative penalty is due, the person who has been given notice of an alleged violation may request to appear before the city council to contest the request for payment of the penalty. After a hearing before the council, the council may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary, there shall be no appeal from the decision of the council. (Ord. No. 121 3rd series, § 1, 12-9-2013) Sec. 66-254. - Failure to pay. If a violator fails to pay the penalty imposed by this administrative citation, or the situation that created the violation remains uncorrected, the City may issue a petty misdemeanor or misdemeanor citation for the violation of the ordinance. A person convicted of a violation of this Ordinance shall be guilty of a misdemeanor and punished by a fine of not more than $1,000.00, imprisonment for a term not exceeding 90 days, or any combination thereof; provided, however, that if the violation is declared to be a petty misdemeanor, the penalty shall be a fine not to exceed $300.00. Additionally, a person convicted of a violation of this article shall pay the costs of prosecution. The city, in its discretion, may bring criminal charges in the first instance, rather than requesting the payment of an administrative penalty, even if a penalty for the particular violation has been established by Council resolution. If the administrative penalty is paid, or if any requested correction of the situation resulting in the violation is completed, no criminal charges shall be initiated by the city for the alleged violation. (Ord. No. 57 3rd series, § 3, 4-27-2009) SECTION 3. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2020, by the City Council of the City of Orono. CITY OF ORONO BY: Dennis Walsh, Mayor ATTEST: Anna Carlson, City Clerk From:Jeremy Barnhart To:Jeremy Barnhart Cc:Dustin Rief; Bob Erickson; Anna Carlson Subject:Item 11, supplemental information. Date:Friday, March 06, 2020 4:00:27 PM Attachments:Sec. 624.22 MN Statutes.pdf Sec. 624.20 MN Statutes.pdf ACE Pyro __ Online ordering of Consumer Fireworks (1.4G_Class C).pdf Council members, Staff met with Bob Erickson regarding the draft Special Events Ordinance after the packet was distributed. Mr. Erickson does not agree with staffs proposed definition. This definition is supported by the Fire chief and reflects his review process. Mr. Erickson intends to request the Council pull the Special Event ordinance from the consent agenda, and recommends a change in the definition from “Fireworks means the display of any composition or device that meets the definition of fireworks as set forth in the Minnesota State Fire Code.” to “Fireworks means the display of any composition or device that meets the definition of fireworks as set forth in Minnesota Statute 624.22.“ (Change highlighted in bold) Mr. Erickson’s argument is that the definition proposed by staff and supported by the Fire Chief is too broad and would include fireworks that aren’t the intended concern. The Minnesota State Fire Code references two types of fireworks 1.3G and 1.4G. 1.4G fireworks are sometimes referred to as consumer fireworks, and examples could include are shells, firecrackers, fountains, Rockets, and Roman Candles. Attached is a website site where 1.4G fireworks could be purchased, if they were legal to purchase in Minnesota. While the reach of the 1.4G fireworks is much smaller, I think it is still desirable to include these in the review. The state Statute referenced by Mr. Erickson is attached. This section 624.22, references Fireworks defined in Section 624.20, also attached. Staff respects Mr. Erickson’s concern, but does not recommend adoption of his changes. Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding a conditional use permit (“CUP”) to permit plumbing, including a shower, within an accessory building. 2. MN§15.99 Application Deadline. The application was received and was considered to be complete on January 22, 2020. Therefore the 60-Day review period expires on March 22, 2020. 3. Background/ Summary. The applicant wishes to install full bathroom facilities within an accessory building with a garage on their property which includes an office and recreational space. A CUP is required due to the proposed shower. 4. Planning Commission Vote and Comment. On February 18th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion to recommend approval of the requested CUP subject to the recording of the standard oversized accessory building and the plumbing covenants. 5. Public Comment. There were no submitted comments from the neighbors. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 02/18/2020 A. Application B. Proposed Survey & Hardcover C. Proposed Plans and Elevations D. Property Owners List E. Plat Map Item No.: 12 Date: March 9, 2020 Item Description: LA20-000007 – Revision LLC o/b/o Dennis & Cynthia Bremer, 1030 Tonkawa Rd, CUP – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-328(7) & 78-916 FILE NO. LA20 -000007 WHEREAS, on January 22, 2020, Dennis C. Bremer and Cynthia A. Bremer (hereinafter the “Applicants”), applied for a conditional use permit (hereinafter the “CUP”) pursuant to City Code for the property addressed 1030 Tonkawa Road and legally described as: Tract C, Registered Land Survey No. 617, files of the Registrar of Titles, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a CUP pursuant to Orono Municipal Zoning Code Section 78-328(7) to allow plumbing including a bathtub or shower within an accessory building; and WHEREAS, on February 18, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 18, 2020 the Planning Commission recommended approval of the CUP to allow plumbing including a bathtub or shower within an accessory building; and WHEREAS, on March 9, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested CUP for plumbing including a bathtub or shower within an accessory building as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000007. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. 3. The Property contains 1.56 acres in area. 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: a. A conditional use permit for plumbing including a bathtub or shower within an accessory building. 6. In considering this application for CUP for plumbing including a bathtub or shower within an accessory building, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed CUP 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. CONDITIONAL USE PERMIT ANALYSIS: The Council finds that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The Property is served by City sewer and private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed accessory building with a garage and entertaining space is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The accessory building including plumbing is residential in visual character and is expected to be compatible with the house on the Property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed accessory building is expected to be residential-looking in character and consistent with that of the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the accessory building with entertaining space which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The accessory building will be situated in a conforming location and will not be significantly visible when viewed from off the Property on the street side, and the views from the neighbors will be screened somewhat by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed accessory building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the Property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; the Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. 16) The plumbing fixtures proposed are in keeping with the intended use of the accessory building. 17) The Owners agree to the filing of a covenant in the title of the Property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. d. Regarding future subdivision of the Property: i. No future subdivision will be approved that places the oversized accessory building within a lot that has no principal building ii. If the Property is subdivided, the oversized accessory building and principal building will be located together within a lot that meets the minimum lot area requirement for the given size of the oversized accessory building. iii. In subdivision approval, the setback required for the oversized accessory building shall remain. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to allow plumbing including a bathtub or shower in an accessory building pursuant to Orono Municipal Zoning Code Section 78-328(7) in conjunction with the construction of a new detached garage; subject to the following conditions: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 1. Council approval is based on the entire record, above Findings. 2. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 1. The conditional use permit granted by this resolution runs with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the conditional use permit will expire on that date (March 9, 2021). 2. The undersigned Owners hereby agree to the filing of a covenant in the title of the Property providing that the accessory building will not be: e. Used for a home occupation unless specifically approved by the city or if allowed by this Code. f. Used as a dwelling unless a guest house conditional use permit is obtained. g. Rented, leased or otherwise provided for use as a dwelling under any circumstances. h. Regarding future subdivision of the property: i. No future subdivision will be approved that places the oversized accessory building within a lot that has no principal building ii. If the Property is subdivided, the oversized accessory building and principal building will be located together within a lot that meets the minimum lot area requirement for the given size of the oversized accessory building. iii. In subdivision approval, the setback required for the oversized accessory building shall remain. 3. 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 9th day of March, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 ______________________________ ________________________________ Dennis C. Bremer, Property Owner Cynthia A. Bremer, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of ___________, 2020, by Dennis C. Bremer, spouse to Cynthia A. Bremer. ____________________________________ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of ___________, 2020, by Cynthia A. Bremer, spouse to Dennis C. Bremer. ____________________________________ Notary Public WATER HEATER FURNACE DRAIN MECH. CONCRETE 30 ' - 0 " 26'-0"36'-0" UNEXCAVATED 4" CONCRETE SLAB VAPOR BARRIER 2" RIGID INSULATION GRANULAR FILL 28'-6"7'-6"26'-0" 30 ' - 0 " 62'-0" 2' - 6 " 22 ' - 0 " FLOOR DRAIN FLOOR DRAIN DROPPED STRUCTURAL BEAM FL O O R J O I S T S SI Z E & S P A C I N G B Y S U P P L I E R FL O O R J O I S T S SI Z E & S P A C I N G B Y S U P P L I E R 5' - 6 " 11'-6"14'-6" UNEXC. BASEMENT 4" CONCRETE SLAB FL U S H B E A M 3'-11"18'-2" M.O.3'-11" 1'-8" FOOTING 2" LEDGE6" STEM 8" FOUNDATION 2' - 6 " 3' - 2 " 8'-2" A1.0 PLAN FOUNDATION BR E M E R G A R A G E 10 3 0 T O N K A W A R O A D O R O N O , M N 1.21.20 ISSUE DATE WDS WINDMILLERDESIGNSTUDIO.COM T. 952.250.1941 N 30 ' - 0 " 26'-0"36'-0" 2'-4"2'-4"11'-5" 3/4 BATH 48" VANITY TILE 18 ' - 4 " 11 ' - 8 " TR/ REC. 2+ CAR GARAGE CONCRETE INSULATE WALLS & CEILING SHEETROCK ENTRY CONCRETE 11'-6"14'-6" 28'-6"7'-6"26'-0" 30 ' - 0 " 62'-0" 5' - 4 " 18'-0" X 7'-0" O.H. DOOR PATIO PAVERS HOSE BIB 2' - 6 " 5' - 6 " 10 ' - 4 " 9'-0"10'-11" 5' - 0 " 2' - 5 " 3'-0" 3 ' - 0 " 3'-0" 3' - 0 " 3'-0" 20 MIN. RATED 3'-0" FLOOR DRAIN FLOOR DRAIN 6' - 4 " 2'-4" X 4'-0"2'-4" X 4'-0"2'-4" X 4'-0"2'-4" X 4'-0"2'-4" X 4'-0" 2' - 4 " X 4 ' - 0 " 2- 2'-4" X 4'-0"2- 2'-4" X 4'-0"2- 2'-4" X 4'-0" 2- 2 ' - 4 " X 4 ' - 0 " 2- 2 ' - 4 " X 4 ' - 0 " 8'-0" HEAD HEIGHT 8'-0" HEAD HEIGHT 8'-0" HEAD HEIGHT 7'-8"6'-7"6'-7"7'-8" 3' - 0 " LINEN 3'-3"2'-0"7'-8"7'-10"7'-8"1'-6" 3' - 8 " 8' - 0 " 2' - 8 " 3' - 0 " 6' - 8 " 3' - 0 " 3' - 0 " 9' - 0 " 9' - 0 " A1.1 PLAN MAIN LEVEL BR E M E R G A R A G E 10 3 0 T O N K A W A R O A D O R O N O , M N 1.21.20 ISSUE DATE WDS WINDMILLERDESIGNSTUDIO.COM T. 952.250.1941 N 9' - 1 1 / 8 " FIRST FLOOR TOP OF SUB FLOOR PLATE HEIGHT 22 ' - 6 3 / 4 " 4' - 2 " 9' - 1 1 / 8 " FIRST FLOOR TOP OF SUB FLOOR PLATE HEIGHT A2.0 ELEVATIONS BR E M E R G A R A G E 10 3 0 T O N K A W A R O A D O R O N O , M N 1.21.20 ISSUE DATE WDS WINDMILLERDESIGNSTUDIO.COM T. 952.250.1941 9' - 1 1 / 8 " FIRST FLOOR TOP OF SUB FLOOR PLATE HEIGHT 9' - 1 1 / 8 " FIRST FLOOR TOP OF SUB FLOOR PLATE HEIGHT A2.1 ELEVATIONS BR E M E R G A R A G E 10 3 0 T O N K A W A R O A D O R O N O , M N 1.21.20 ISSUE DATE WDS WINDMILLERDESIGNSTUDIO.COM T. 952.250.1941 2 6 6" M I N . 2 6 2 6 2 6 MECH./ BASEMENT MAIN FLOOR9' - 1 1 / 8 " FIRST FLOOR TOP OF SUB FLOOR PLATE HEIGHT TOP OF BLOCK TOP OF FOOTING 8' - 0 " 8" H E E L H T . TYPICAL ROOF CONSTRUCTION: -ROOF VENTS AS REQ'D - 1/300 -ARCHITECTURAL ASPHALT SHINGLES -FELT PAPER W/ ICE & WATER SHIELD, 100% COVERAGE ON LOWER 6 FT. -5/8" CDX ROOF SHEATHING -ROOF TRUSSES BY MANUFACTURER -MIN. R-49 BLOWN BATT ATTIC INSULATION -POLY VAPOR BARRIER - 6 MIL. -5/8" GYP. BD. CEILING TYPICAL WALL CONSTRUCTION: -SIDING: PER ELEVATION -BUILDING PAPER -1/2" EXTERIOR PLYWOOD SHEATHING -2" x 6" WOOD STUDS @ 16" O.C. -R-21 INSULATION PER SPEC. -VAPOR BARRIER -1/2" INTERIOR GYP. BOARD SMOOTH FINISH 2 6 6" M I N . 2 6 FILTER FABRIC 24" MIN. WASHED ROCK TYPICAL BELOW GRADE FOUNDATION CONSTRUCTION: GRAVEL BACKFILL DRAINAGE MAT "TUFF N' DRY" WATERPROOFING MEMBRANE POURED CONCRETE FOUNDATION WALL INTERIOR RIGID INSULATION (R-5 MIN). EXTERIOR RIGID INSULATION (R-10 MIN.) CONT. DRAIN TILE SET IN PEA ROCK BED W/ SILT CLOTH OVER-SLOPE INTO DRAIN TILE TO SUMP-EXT DRAIN TILE TO DAYLIGHT REINFORCE CONCRETE FOOTING (SEE STRUCTURAL) GRADE CLOSED CELL SILL SEALER BETWEEN TREATED PLATE & CONCRETE FOUNDATION REINFORCED CONCRETE FOUNDATION WALL INTERIOR (R-5) RIGID FOAM INSULATION TYPICAL EXTERIOR WALL SYSTEM INSTALL SIDING OVER DRAINAGE PLANE (IF USING) CONTINUOUS METAL FLASHING UP WALL (BEHIND AIR BARRIER & OVER WATER TABLE TRIM) WATER TABLE TRIM PER PLAN FLOOR SYSTEM PER PLAN 3/4" SUB FLOOR 5/8" GYP. BOARD ON CEILING SET WALL WITH SHEATHING FLUSH WITH FOUNDATION WALL 2 6 TYPICAL EXTERIOR WALL SYSTEM (SEE ELEVATIONS FOR SIDING) SET WALL WITH SHEATHING FLUSH WITH FOUNDATION WALL GRADE TREATED SILL PLATE PREFINISHED METAL FLASHING GRANULAR BASE VAPOR BARRIER 4" CONCRETE SLAB EXTERIOR RIGID INSULATION (R-10 MIN.) PREFINISHED METAL PROTECTION SHEETING 2" RIGID INSULATION A3.0 SECTIONS BR E M E R G A R A G E 10 3 0 T O N K A W A R O A D O R O N O , M N 1.21.20 ISSUE DATE WDS WINDMILLERDESIGNSTUDIO.COM T. 952.250.1941 Date Application Received: 01/22/2020 Date Application Considered as Complete: 01/22/2020 60-Day Review Period Expires: 03/22/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 18 February 2020 Subject: #LA20-000007, Revision LLC o/b/o Dennis & Cynthia Bremer, 1030 Tonkawa Rd, CUP Public Hearing Background The applicant wishes to install full bathroom facilities in an 1,800 square foot accessory building with a garage on their property which includes a recreational space. A conditional use permit is required due to the proposed shower. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-328(7) & 78-1434) The proposed oversized accessory building, a detached garage with recreation space, is permitted, the applicant’s request to install a bathroom with full bathing facilities requires a CUP. The property is 1.56 acres in area, allowing a total of 2,000 square feet in accessory building. There is an existing 63 square foot shed near the lake, this affords the property an additional 1,937 square feet remaining of the 2,000 square foot accessory building limit. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building Application Summary: The applicant is requesting a conditional use permit to install a full bathroom, including shower, in an oversized accessory building. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA20-000007 18 February 2020 Page 2 of 4 improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by City sewer and private well. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed accessory building with a garage and entertaining space is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The accessory building including plumbing is residential in visual character and is expected to be compatible with the house on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed accessory building is expected to be residential-looking in character and consistent with that of the principal structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the accessory building with entertaining space which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The accessory building will be situated in a conforming location and will not be significantly visible when viewed from off the Property on the street side, and the views from the neighbors will be screened somewhat by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed accessory building with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and FILE # LA20-000007 18 February 2020 Page 3 of 4 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants’ intended use of the accessory building. 3. The accessory building is conforming in location, size and height. 4. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner as allowed by the Zoning Code? 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owners’ agreement to the filing of a covenant in the title of the property addressing the plumbing and the status as an oversized accessory building, providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. Regarding future subdivision of the property: a. No future subdivision will be approved that places the oversized accessory building within a lot that has no principal building b. If the property is subdivided, the oversized accessory building and principal building will be located together within a lot that meets the minimum lot area requirement for the given size of the oversized accessory building. c. In subdivision approval, the setback required for the oversized accessory building shall remain. FILE # LA20-000007 18 February 2020 Page 4 of 4 List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey & Hardcover Exhibit C. Proposed Plans and Elevations Exhibit D. Property Owners List Exhibit E. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding a final plat approval for a subdivision to create one additional residential buildable lot and a shared driveway access outlot at 1645 Shadywood Road. 2. MN§15.99 Application Deadline. The final plat application was received on February 3, 2020 and was considered to be complete on February 19, 2020. The 60-Day review period will expire on April 3, 2020. 3. Background. The applicant is requesting final plat approval for a residential subdivision of the property at 1645 Shadywood Road. The proposal includes two lots in a front lot / back lot configuration. All lots and the shared access outlot meet the size and width requirements of the Zoning Ordinance. The grading for the house sites and utility connections will be done as part of the building permit. 4. Public Comment. During the preliminary plat review a comment was received from a neighbor regarding overdevelopment of the area, stormwater, and tree removal. The suggested grading plan for the individual home sites shows the creation of defined swales along the access drive which will channel water to the right of way. Stormwater management is looked at very carefully on all building projects. The lots meet or exceed the minimum lot areas, there is no way to prevent future subdivision if it meets applicable standards, and the trees are not protected and may be removed. No new or additional comments from the public have been received. 5. Staff Recommendation. Staff recommends approval of the plat. COUNCIL ACTION REQUESTED Council should consider a motion to adopt or amend the final plat approval resolution for the plat of Leslie Lakeview Estates. Exhibits A. Draft Resolution B. Plat Drawing C. Council Minutes April 8, 2019 D. Preliminary Plat Resolution No. 6962 References Council Packet #LA19-000009: Preliminary Plat 04/08/2019 Item No.: 13 Date: March 9, 2020 Item Description: LA20-000010 – Jamison Kohout o/b/o Real Assets LLC, 1645 Shadywood Road, Final Plat: Leslie Lakeview Estates – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING THE PLAT OF LESLIE LAKEVIEW ESTATES FILE NO. LA20-000010 WHEREAS, the City of Orono (hereinafter the “City”) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Real Assets, LLC is the owner of the property addressed 1645 Shadywood Road (hereinafter the “Owner”); and WHEREAS on February 20, 2019, Jamison Kohout (hereinafter the “Developer”) on behalf of the Owner, applied for Preliminary Plat approval to subdivide the property legally described below into two buildable lots. Legal description of the property: That part of the South 140 feet of the North 428. 5 feet of Government Lot 2, Section 17, Township 117, Range 23, lying West of the West line. of" Shady Wood" and East of a line drawn parallel with and 777. 85 feet West, measured at right angles, from the West line of" Shady Wood", Hennepin County Minnesota (hereinafter the “Property”); WHEREAS, at its regular meeting on March 18, 2019, the Orono City Council granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 6962; and WHEREAS, on February 3, 2020, the Developer submitted an application for final plat approval for the Property; and WHEREAS, the Developer has agreed to comply with all conditions of Resolution No. 6962 and has completed or has agreed to complete all other requirements of the platting regulations of the City. NOW, THEREFORE, BE IT RESOLVED, based upon the findings of Resolution No. 6962, the Orono City Council and the City of Orono does hereby approve the plat of LESLIE LAKEVIEW ESTATES, Hennepin County, Minnesota (a copy of which is attached as Exhibit A), subject to the following conditions: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 1) Development within LESLIE LAKEVIEW ESTATES is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6962 dated April 8, 2019. 2) Dedication on the plat of the perimeter Drainage and Utility Easements as required in Resolution 6962. 3) Executed Driveway Easement and Maintenance Agreements. 4) The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 5) Building height determination for both lots shall be determined by the existing grades on the Property. 6) Minnehaha Creek Watershed District (MCWD) approved permits for the grading, storm water pollution prevention plan (SWPPP), and erosion control plan shall be submitted prior to building permit approvals for each lot and/or construction of the shared driveway. 7) A title opinion for the Property and certified copies of all recorded easements currently affecting the Property shall be submitted. 8) Payment of Development Fees: a. Park Dedication Fee: $5,550. b. Stormwater and Drainage Trunk Fee: $6,050.00. c. Final Plat Application Fee: $500.00. d. Water Unit Connection Charge of $4,240.00. e. Met Council SAC fees will be due at the time of the building permit for each lot. 9) The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director and City Engineer that all requirements of the platting regulations have been satisfied. 10) The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before September 9, 2020 (six months from approval date), together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. 11) Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 ADOPTED by the Orono City Council on this 9th day of March, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 8,2019 7:00 o'clock p.m. Walsh stated the City Council could approve the application with the caveat that the 700 square feet of hardcover does not include any new hardcover in the 0-75 foot zone. Since there already is hardcover there,the City Council will allow the 700 square feet but no more. Seals commented her understanding is they can replace it in like and kind. Barnhart stated it looks like there is a 158 square foot patio that is existing in the 0-75 foot zone according to the memo to the Planning Commission. Johnson stated the survey appears to show 123 square feet. Walsh stated it does not really matter to the City Council what the shape of the patio is since the applicants are only allowed 700 square feet and that the applicants can design it as they would like. Johnson noted the City is assuming that is an approved patio that was originally put in there. Barnhart stated it is almost impossible for Staff to go back and find the original permits given the amount of time it would take to review the application. Seals moved,Crosby seconded,to adopt RESOLUTION NO.6966,a Resolution Approving Variance from Municipal Zoning Code Sections 78-330; 78-1279; and 78-1680,with the requirement that the current hardcover within the average lakeshore setback consisting of 701 square feet not be exceeded. VOTE: Ayes 4,Nays 0. 12. LA19-000009 JAMISON KOHOUT ON BEHALF OF REAL ASSETS, LLC, 1645 SHADYWOOD ROAD—PRELIMINARY PLAT—RESOLUTION NO.6962 Barnhart stated this is a preliminary plat application to subdivide this parcel into two buildable lots with one driveway. It is based on a front lot/back lot configuration. The property is located in the LR-1C district,which has a minimum width of 100 feet and a half acre lot size. The back lot has to be 150 percent of the minimum requirement of the zoning district. The width is the same as what was previously proposed,but the setbacks have increased for the back lot. The applicant has prepared a preliminary plat that meets all of those requirements and provides a building pad for both lots with the enhanced setbacks. Access will be provided via Shadywood Road with a new outlot. The driveway will be gravel at first and then pavement will be applied the second year. The properties will be served by water and sewer and the applicants will need to obtain a permit from Hennepin County. Staff and Planning Commission recommend approval. Seals stated whenever there is a subdivision, everyone wants to make sure everything is correct, and that it sounds like the lot size and everything is correct. Walsh stated that was also his question, and as long as it meets all the requirements, he is fine with it. Crosby asked whether this will be a shared driveway. Page 5 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 8,2019 7:00 o'clock p.m. Barnhart indicated it will be and that it is likely Hennepin County will restrict access for Lot 2 directly onto Shadywood Road and that the driveway will need to go through the outlot,which will result in it being a shared driveway. Johnson noted at the Planning Commission meeting there were some neighbors that expressed concern about the drainage on the road. Johnson indicated he did review that area and that in his view there are some additional potholes that relate to the existing driveway. Johnson stated his assumption is that the City Engineer has reviewed that and that they will ensure the grade is correct. Barnhart stated those comments will be incorporated into the final plat. Johnson moved, Crosby seconded,to adopt RESOLUTION NO. 6962,a Resolution Approving a Preliminary Plat for the Property Located at 1645 Shadywood Road. VOTE: Ayes 4,Nays 0. 13. LA19-000010 REHKAMP LARSON ARCHITECTS ON BEHALF OF ALEXANDER AND AMY WARE,2587 KELLEY AVENUE Barnhart stated the applicant is proposing a new 744 square foot garage with a setback of 4.3 feet from the side yard line,which requires a variance and a conditional use permit. The existing 441 square foot garage is currently two feet from the property line. The requirement for this district is 7.5 feet. The conditional use permit will allow a full bathroom with a shower and a tub. The City does allow plumbing in accessory buildings with a conditional use permit for the bath facility. Part of that is a covenant that prevents it from being used as a dwelling. The Planning Commission recommended approval. Crosby asked what the side yard setback is currently. Barnhart indicated it is currently 2.5 feet and it will go to 4.3 feet. Johnson noted the required setback is 7.5 feet and the architectural firm said the reason for keeping it pushed back is to not take away from the aesthetics of the house. Jean Rehkamp noted there is also an easement that this property owner has with the neighbor for access. If the garage is pushed forward, it makes it more difficult for the homeowners to park and navigate the driveway. In addition,the neighbor's garage is backed up to that driveway. It was felt the proposed location was the best use of the site. There is also an existing cottage on the site that consists of 900 square feet and it is a darling, quaint little cottage that has been restored. The extra space between the structures is to help maintain that little charming structure. Walsh noted there needs to be a practical difficulty demonstrated and that aesthetics is not a practical difficulty. The garage is currently a nonconforming use and the applicants would like to make the structure bigger,which is not a practical difficulty. Rehkamp stated the distance from the easement to the front of the garage is part of that circulation. The distance from that easement to the face of the garage is not enough to park a car in front of the garage. Page 6 of 12 gO O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G NO. tgkES H Ott A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE PROPERTY LOCATED AT 1645 SHADYWOOD ROAD FILE NO. LA19-0000009 WHEREAS, Real Assets, LLC, a Minnesota Limited Liability Company, hereinafter the "Developer") is the owner of the property within the City of Orono (hereinafter the "City") identified as property identification number (PID) 17-117-23-22-0013 and legally described as follows: That part of the South 140 feet of the North 428.5 feet of Government Lot 2, Section 17, Township 117, Range 23, lying West of the West line. of"Shady Wood" and East of a line drawn parallel with and 777.85 feet West,measured at right angles,from the West line of"Shady Wood", Hennepin County Minnesota hereinafter the 'Property"); and WHEREAS,on February 20,2019,the Developer represented by Jamison Kohout filed an application with the City for preliminary approval of a 2-lot residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et.seq.and the City of Orono Zoning and Subdivision Codes,on March 18,2019, the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on March 18, 2019 the Planning Commission reviewed the application and recommended on a vote of 6 to 0 that the City Council grant preliminary plat approval, subject to a number of specified conditions; and WHEREAS,the City Council reviewed the proposal at a regular meeting held on April 8, 2019, and hereby makes the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File LAI 9-000009. 2. The property is guided in the 2008-2030 Orono Community Management Plan (CMP) for single family residential use at a density of 2 units per acre. The proposed development with single family homes is consistent with the provisions of the CMP, and is consistent with surrounding development. The property is located within the MUSA and will be served with city sewer and city water. Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 6 9 6 2 tgkES H 0 3. The Property is zoned LR-1C Single Family Lakeshore Residential District, which requires a minimum lot area of 0.5 acres and minimum lot width of 100'. The Property contains a total area of approximately 109,109 s.f. or 2.50 acres and has a width of 140 feet along Shadywood Road(County Road 19). 4. The proposed plat would create a front lot (Lot 2) of 0.75 acres in area and 110 feet in width along Shadywood Road; and a back lot (Lot 1) of 1.55 acres in area, meeting the 0.75 acre minimum for a back lot in the LR-1C district, and with a defined width of 140 feet. 5. Access to both new lots will be via a single shared driveway Outlot being 30 feet in width extending westward from Shadywood Road along the southerly boundary of the property. 6. The property lies within 1,000' of Lake Minnetonka requiring conformance with the hardcover regulations of the Stormwater Quality Overlay District. The entire property is within Hardcover Tier 2 allowing 30% impervious surface. 7. A trail easement is proposed along the east side of Lot 2. Because dedication of actual land for park purposes is not required at this location, a Park Dedication Fee in lieu of land per City Ordinance would be appropriate. 8. Hennepin County has requested an additional 17 feet of right-of-way for County Road 19 for potential future road and trail purposes. The City per its standard practices will only require the dedication of a 10' trail easement along the easterly boundary of Lot 2 and Outlot A as noted above. 9. Both proposed lots will contain suitable area meeting all established setback, hardcover and lot coverage requirements to allow the construction of single family residences without the need for variances CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for a 2-lot plat per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg&Associates, Inc. dated February 18,2019 and attached hereto as Exhibit A, subject to the following conditions: 1) Lot Standards. Structure setbacks shall adhere to the requirements of the Zoning Code for front/back lot division. 2) Driveway Access.Driveway access to Lots 1 and 2 shall be a shared driveway within Outlot A. All other curb cuts or access points onto the adjacent County Road shall be removed. The Developer shall establish the appropriate shared driveway easements and maintenance Page 2 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G NO. 6962 jgkEs ti o covenants over Outlot A. Developer shall provide copies of approved Hennepin County permit for driveway access location for Outlot A. 3) Trail Easement. An easement for public trail purposes shall be granted by the Developer over the easterly 10 feet of the plat. 4) Municipal Sewer and Water.The subject property is located within the Metropolitan Urban Service Area (MUSA). Sewer and water service is available to the property in Shadywood Road. Both Lots 1 and 2 shall make connections to the existing sewer and water mains in Shadywood Road. This plat proposal will be submitted to the Fire Chief/Fire Marshal for review of whether the remoteness of the building site for Lot 1 will require installation of a new hydrant within the property. If a hydrant is required,the developer shall be responsible for the costs of installation of said hydrant. 5) City Utility Connection Charges.The property was fully assessed for sanitary sewer as part of the 1963-1A sewer projects based on front footage and acreage. The property was charged for only one unit as part of the 1970-LW-1 project. A second water unit connection charge will be due prior to Final Plat approval in the amount of$4,240 (2019 Fee Schedule). 6) Metropolitan Council Sewer Availability Charge (SAC). Met Council SAC charges for both lots will be due at the time of building permit for each respective lot. 7) Stormwater and Drainage Improvements. Final plat approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. Upon building permit issuance the property owner will be required to comply with individual lot stormwater and erosion control management practices. 8) Drainage and Utility Easements. On the final plat, Drainage and Utility Easements shall be dedicated to the public 10' along all exterior property lines, and 5' either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. A Drainage and Utility easement shall be granted over the entirety of Outlot A. Drainage Easements shall be granted over any stormwater facilities that may be required by the Minnehaha Creek Watershed District. 9) Development Fees. A. Park Dedication Fee. The subdivision is subject to the standard Park Dedication Fee requirement. Because the value of newly created Lot 1 is expected to be in excess of the threshold value of$69,375.00,the 8%park fee cap of$5,550 per new lot will apply. A Park Dedication Fee will be due for 1 lot, in the amount of$5,550. (2019 fee schedule) B. Stormwater and Drainaize Trunk Fee. The development is subject to the Stormwater and Drainage Trunk Fee, established in the 2013 Fee Schedule and revised in 2018, of$3,025.00 Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6962 G jAkES H O4ti per lot for the 1/2-acre zone. The Storm Water Drainage and Trunk Fee is calculated as follows: 2 lots x $3,025/lot=$6,050. C. Utility connection fees as described above. The development will be subject to the Stormwater truck fee, $3,025 per lot. 10) City Engineer Approval. Approval is subject to recommendations of City Engineer Adam Edwards. 11) Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions prior to final plat approval,to ensure that the proposed plat will accomplish the intended purposes: a) Final conceptual grading, drainage and erosion control plan for the proposed shared driveway, showing existing and proposed contours;any proposed stormwater facilities and calculations that may be required by the Minnehaha Creek Watershed District; proposed utility connections; and erosion control measures to be used during construction. Final Plat Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater management plans. b) Sufficient detail to meet the recommendations of the City Engineer. 12) The Preliminary Plat approval granted by this Resolution shall expire one-year from the approval date (April 8, 2020). FINAL SUBMITTALS The following list of final submittals must be submitted to the Planning& Zoning Coordinator at least four (4) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one(1)copy reduced to 1" _ 200'. Drawing to include: A. Dedication of"Drainage and Utility Easements" 10'along exterior property lines, 5'along interior property lines and over all of Outlot A. B. Dedication of"Drainage Easements" over all drainageways or stormwater facilities required by the MCWD. C. Naming of plat. I Page 4 of 6 O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6-9 j 2 AkES H 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. 3. Plat approval fees to be paid: Total due: $16,115.00 A. Final plat fee: $275.00 B. Park Dedication Fee: $5,550.00 C. Stormwater and Drainage Trunk Fee: $6,050.00 D. Water Unit Connection Charge: $4,240.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of April, 2019. ATTEST: Anna Carlson, City Clerk Dennis Walsh,Mayor Page 5 of 6 AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding after-the-fact variances to permit as-constructed improvements within the lake and average lakeshore setbacks. 2. MN§15.99 Application Deadline. The application was received on January 10, 2020 and was considered to be complete on January 23, 2020. The 60-Day review period has been extended and now expires on May 22, 2020. 3. Background/ Summary. A variance for a new home (File #17-3965) was granted in 2017, and a building permit consistent with the approvals was issued in January 2018. In October 2019, the builder submitted an as-built survey and requested a final Certificate of Occupancy. Upon inspection it was noted that unpermitted changes were made to the existing boathouse and a new deck had been installed replacing a deck shown as to be removed to offset hardcover. The deck was not shown on the submitted as-built survey. The boathouse is situated 16.5 feet from the ordinary high water level and is entirely within the average lakeshore setback. It is considered to be a legal non-conforming building. It can be rebuilt in-kind, but expansions to the footprint and/or volume of the building are not permitted without variance(s). Additionally, the new ±240 square foot lakeside deck was not rebuilt in-kind and not accounted for in the hardcover calculations; the hardcover now exceeds the approved level. 4. Planning Commission Vote and Comment. On February 18th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 5 to 1 (Erickson) on a motion to recommend denial of the after-the- fact variances. There appeared to be support for the cosmetic changes which do not result in expansions to the height, footprint, or lakeward extent of the non-conforming boathouse. There also appeared to be support of allowing a minimal landing from the boathouse door to connect to the dock. The dissenting Commissioner supported the request as submitted. 5. Public Comment. There was neighbor testimony during the public hearing in support of the aesthetic changes. 6. Revised Plans. Based on the Planning Commission and staff feedback, the applicant has provided a revised plan which modifies the lakeside deck area, attached as Exhibit C. This plan reflects a reduction in hardcover from the original after-the-fact variance request, but results in a 32 square foot increase above the approved variance level. Item No.: 14 Date: March 9, 2020 Item Description: LA20-000005 – Gordon James Construction o/b/o David & Lynn Gutermuth 2665 Casco Point Road, After-the-Fact Variances Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 7. Staff Recommendation. Staff recommends denial of the variances as amended. Staff is challenged to determine the practical difficulty arguments are satisfied with an accessory structure, especially when the encroachments are architectural/ decorative in nature. Further, the applicant made hard cover decisions at the time of building permit to meet the hard cover limits imposed by the variance. Staff cannot support a variance to exceed those limits, especially after the fact. COUNCIL ACTION REQUESTED Council should make a determination regarding the new encroachments and hardcover resulting in after-the-fact lake setback, average lakeshore setback, and 75-foot hardcover variances. Council should direct staff to draft a resolution reflecting your decision. Exhibits A. As-Built Survey & Hardcover B. Boathouse Elevations C. Revised Deck Layout - Proposed D. Boathouse Photos E. Draft PC Minutes F. PC Staff Report References PC Exhibits 02/18/2020 A. Application Summary B. Practical Difficulties Documentation & Applicant’s Narrative C. As-Built Survey 09/27/2019 D. As-Built Hardcover Calcs 09/27/2019 E. Survey for Variance (#17-3965) 05/31/2017 F. Building Permit Survey (Approved) 01/05/2018 G. Boathouse As-Built Elevations H. Photos I. Aerial Photos J. Resolution 6796 (variances for lake yard retaining wall) K. Property Owners List L. Plat Map From:Will Haack To:Melanie Curtis Subject:RE: Revisions to the Variance 2665 Casco Point Rd. Date:Tuesday, March 3, 2020 5:25:35 PM Attachments:Boat house dock change.pdf Well, attached is what I gave to Gronberg. This shows a 3’ standard removable dock section walkway that connects to the currently used boat dock shown in your pictures. My calculation is a hard cover increase of 105.90 sq feet with a 3’ walk way on the 2 sides. Calculations are as follows: 22.7 ‘ long x 3’ wide = 68.10 sf + 12.6’ long x 3’ wide = 37.8 sf = Total add of 105.90 sf Total HC is 3315 + 105.90 = 3420.9/12873 = 26.57%. The variance approval was 26.33% (pretty darn close) I do not have the info back from Gronberg yet. If what I am giving you here is OK then use it and keep it on the agenda. Let me know if you have any questions. Thanks! CWH From: Melanie Curtis <MCurtis@ci.orono.mn.us> Sent: Tuesday, March 3, 2020 5:08 PM To: Will Haack <will@gordon-james.com> Subject: Re: Revisions to the Variance 2665 Casco Point Rd. Can you get it to me tomorrow early? Sent from my iPhone. Ex i s t i n g B o a t h o u s e April 2015 Same view - Enlarged Date Application Received: 01/10/2020 Date Application Considered as Complete: 01/23/2020 60-Day Review Period Expires: 03/23/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 18 February 2020 Subject: #LA20-000005, Gordon James Construction o/b/o David & Lynn Gutermuth 2665 Casco Point Road • After-the-Fact Variances • Public Hearing Background A variance for a new home (File #17-3965) was granted in 2017, and a building permit consistent with the approvals was issued in January 2018. In October 2019, the builder submitted an as-built survey and requested a final Certificate of Occupancy. Upon inspection it was noted that unpermitted changes were made to the existing boathouse and a new deck had been installed replacing a deck shown as to be removed to offset hardcover. The deck was not shown on the submitted as-built survey. The boathouse is situated 16.5 feet from the ordinary high water level and is entirely within the average lakeshore setback. It is considered to be a legal non-conforming building. It can be rebuilt in-kind, but expansions to the footprint and/or volume of the building are not permitted without variance(s). Additionally, the new ±240 square foot lakeside deck was not rebuilt in-kind and not accounted for in the hardcover calculations; the hardcover now exceeds the approved level. Practical Difficulties Analysis Applicant Submittal Information: The applicant has provided a narrative and supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the expansions to the building are not supported by unique practical difficulties inherent to the land. The property owner has a right to maintain and even rebuild the existing building, however the expansions are cosmetic in nature (expansion of the roof gable) and are a convenience to the applicant; the building location did not change. Application Summary: The applicant is requesting after-the-fact lake setback, average lakeshore setback, and 75-foot hardcover variances. Staff Recommendation: Planning Department Staff recommends denial of the request for after-the-fact approval of hardcover and setback variances. FILE # LA20-000005 18 February 2020 Page 2 of 6 “Before Remodel” (photo provided by builder) “After Remodel” (taken by Orono’s Building Inspector) LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Boathouse Setbacks: LR-1C Required Existing Proposed/AS-BUILT North Side 7.5’ 1.6’ boathouse 1.6’ boathouse South Side 7.5’ 35.4’ boathouse 35.4’ boathouse Lakeshore 75’ 16.5’ boathouse ±8.5’ deck 16.5’ boathouse ±8’ deck (estimate) Average Lakeshore The entire boathouse is lakeward of the average lakeshore setback line. FILE # LA20-000005 18 February 2020 Page 3 of 6 Section 78-350 - Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 12,873 s.f. (0.29 acre) 60’ @ 75’ / 60’ @ OHWL Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 12,873 s.f. (0.29 acre) Allowed: 2,574 s.f. (20%) Proposed: 2,425 s.f. (18.8%) Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Code- Allowed Hardcover Approved Resol No. 6796 Hardcover Existing/As-Built Hardcover Tier 1 12,873 s.f. 3,218 s.f. (25 %) 3,389 s.f. * (26.3%) 3,555 s.f. 27.6% Including the 240 sf (approximate) lakeside deck: Submitted HC calcs: 3,315 s.f. 25.7% *Within the 75-foot setback the following were included and permitted in the Resolution- approved hardcover: boathouse, retaining walls, and lake access stair. The fire ring, and the boathouse deck were not approved or included. Applicable Regulations: Hardcover Variances (Sections 78-1680 & 78-1700) and Lake Setback and Average Lake Setback Variances (Section 78-1279) The boathouse and deck are located within the 75-foot lake and average lakeshore setbacks. They are both legally non-conforming and could be replaced in-kind following the procedure and timelines in the Code. The boathouse is situated approximately 16.5 feet from the OHWL and was not to be removed or altered as indicated in the previous variance and building permit submittals. In order to make the hardcover work for the previous variance, the applicant showed the lakeside deck being completely removed. The deck was located approximately 8 feet from the OHWL. It was removed as part of the home construction. The new deck was constructed following the as-built survey and results in an excess of hardcover beyond the approved level. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider FILE # LA20-000005 18 February 2020 Page 4 of 6 recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances for expansion of non-conforming structures in the lake yard are not supported by practical difficulties. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Additionally, the goals of the average lakeshore setback requirement include protecting views from land into the lake, the requested variances to expand the volume of the existing boathouse are not in harmony with the Ordinance. The additional mass of the roof areas within the setbacks result in an increase of the building height closer to the lake than existing and may negatively impact the views into the property from the lake. The reorientation of the boathouse egress, and reconstruction of the lakeside deck with an expanded footprint and elevation are not in harmony with the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The variances resulting in modifications to the existing boathouse with a volume expansion and a minor footprint expansion within the setbacks in a residential zone are inconsistent with the Comprehensive Plan. The changes are cosmetic and are not supported by necessary practical difficulties inherent to the land. The reconstruction and reorientation of the lake deck were not contemplated with the original approvals, and result in an increase in 0-75’ zone hardcover which is inconsistent with the Comprehensive Plan. This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The reasonable use of the property is established with the principal structure. The applicant suggests that reasonable use extends to cosmetic improvements to a non-conforming building and structure which are not in-kind and therefore not protected by statute. The request to permit expansion of the boathouse lakeward of the average lakeshore setback and within the 75-foot lake setback do not appear to be reasonable. The reconstruction and reorientation of the lake deck were not contemplated with the original approvals, and result in an increase in 0- 75’ zone hardcover which is inconsistent with the Comprehensive Plan. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The applicant states that the boat house supersedes the homeowners ownership of the property. This is not justification necessary support the new FILE # LA20-000005 18 February 2020 Page 5 of 6 encroachments into the lake yard. While the boathouse was not constructed by the current owners, they have a right to keep and even re-build the boathouse in-kind. The constructed expansions are not a right and are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The applicant states that the improvements “…enhances the character of the locality.” The proposed variances allow for the expansion of the footprint of the deck and expansion of the volume of the boathouse; and result in additional encroachment into the setbacks toward the lake, all of which are out of character with the neighborhood; they are not permitted for other structures. The reconstruction and reorientation of the lake deck are not supported by practical difficulty; were not contemplated with the original approvals; and result in an increase in 0-75’ zone hardcover which is inconsistent with the Comprehensive Plan. This criterion is not met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 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 maintenance of a legal non-conforming accessory building is permitted by code. 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. There are no obvious special conditions applying to the structure or the land which are unique, or support the requested variances. The applicant has not identified special conditions to the structure or land justifying the variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant has not identified conditions. This criteria is not met. 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 boathouse is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming building or structure is not a 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 requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the expansions negate the goals of the code in relation to views into, and out of the property, and hardcover limitations. 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 and will not merely serve as a convenience to the owners. The variances provide an improved aesthetic and outdoor living space near the OHWL, which could FILE # LA20-000005 18 February 2020 Page 6 of 6 be considered conveniences. The fact that the improvements are installed is not a deterrent to their required removal, as that would be considered a convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial of the requested variances. The modifications to restore the boathouse to the original volume and footprint should be completed prior to issuance of a final Certificate of Occupancy. If the planning commission feels it appropriate and if applicant chooses to reconstruct the pre- existing lakeside deck in-kind or smaller to fit within the pre-existing volume and footprint, adjustments to hardcover elsewhere should be required. List of Exhibits Exhibit A. Application Summary Exhibit B. Practical Difficulties Documentation & Applicant’s Narrative Exhibit C. As-Built Survey 09/27/2019 Exhibit D. As-Built Hardcover Calcs 09/27/2019 Exhibit E. Survey for Variance (#17-3965) 05/31/2017 Exhibit F. Building Permit Survey (Approved) 01/05/2018 Exhibit G. Boathouse As-Built Elevations Exhibit H. Photos Exhibit I. Aerial Photos Exhibit J. Resolution 6796 (variances for lake yard retaining wall) Exhibit K. Property Owners List Exhibit L. Plat Map AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: 1. Purpose. To consider an ordinance to amend the regulations related to grading and land alterations, including slope stabilization mitigation. 2. Background. The City Council received testimony at their workshop on September 23, 2019 regarding the timing challenges inherent with grading projects in the lake yard, specifically slope stabilization projects, and directed staff to prepare an ordinance to address the issues. In reviewing the city code, and applicable state regulations for work in the shore land zone, staff prepared an ordinance that: Clarifies what requires an IUP (Line 460, 6 week lead time, minimum), and what requires an administrative permit (Line 318), and summarizes these in tables. Recently, most of the IUPs have involved import/ export as part of a principal structure, the draft ordinance would not require an IUP. Adjusts the requirements for slope failure mitigation (line 471)*. When the slope failure mitigation is the only permitting activity proposed, and would normally trigger an Interim Use Permit (IUP), the City Engineer may declare an emergency repair and recommend the City Council review the application. This would bypass the Planning Commission, saving about a month. As an alternative, the Council could raise the threshold for projects requiring an IUP, though this would apply to all projects. Due to their sensitive nature, the ordinance requires grading plans involving steep slopes, bluffs, or for slope failure mitigation to be prepared by a Professional Engineer. (Line 301) Introduces haul route standards (Line 402). Typically one of the primary issues in an IUP, the City Engineer will review and approve the route, and may inspect the condition of the streets. Introduces stockpiling standards, and ties these to duration, rather than volume. Tables starting on line 318 and line 460. *The Council should recognize that in cases where slope failure mitigation involves structures (above or below ground retaining walls for example), these structures will require a variance and its 6 week public hearing process. 3. Planning Commission Vote and Comment. The draft ordinance was introduced to the Commission in January. On February 18th, the Planning Commission reviewed the document line by line in their workshop, and later that evening, concluded the public hearing and recommended approval of the draft. 4. Public Comment. No comments for or against the proposal have been received. 5. Staff Recommendation. Staff recommends the Council review the ordinance and provide feedback. The Council should direct staff to forward the near final draft to the DNR for their review and comment, as required. COUNCIL ACTION REQUESTED City Council should review the ordinance and table action, directing staff to forward the draft to the DNR Item No.: 15 Date: March 9, 2020 Item Description: LA19-000091 – City of Orono Text Amendment Related to Grading and Land Alterations Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: for their review and comment. Exhibits A. Draft Ordinance B. Permitting summary chart C. PC Staff report D. PC Minutes 2-18-2020 Draft E. Summary of 2019 Interim Use Permits. References PC Staff Report & Exhibits 1/21/2020 Page | 1 March 9, 2020 Added Definitions 1 Sec. 78-1 2 Stockpiling: On-site storage of 10 cubic yards or more of soil and/ or aggregate in a concentrated state 3 where the material is intended to be distributed throughout the site or exported from the site. 4 5 Yard, lakeshore, means a yard lying between the natural ordinary high water mark of a public water on 6 the lakeshore and a line parallel to it at the Shore Setbackthe required lakeshore setback line, for the 7 full width of the lot. 8 9 10 ARTICLE IX. - SHORELAND MANAGEMENT[21] 11 12 Sec. 78-1220. - Zoning district compliance with minimum requirements. 13 (a) The zoning district standards of this chapter currently comply with the lot size, lot width, permitted 14 use and conditional use standards set forth by the department of natural resources shoreland 15 management regulations, MR 6120.2500—6120.3900. 16 (b) The following city zoning districts are partially or fully located within the Shoreland Overlay District: 17 LR-1A RR-1A B-1 LR-1B RR-1B B-2 LR-1C RR-1B-1 RS B-3 LR-1C-1 RS B-5 B-4 B-5 DIVISION 2. - ADMINISTRATION AND ENFORCEMENT[22] 18 19 (Ord. No. 101 2nd series, § 1(10.56(6)), 2-24-1992) 20 Sec. 78-1247. - Land alteration and building permits required. 21 A permit is required for the construction of buildings, building additions, related work such as 22 construction of decks and signs, installation or alteration of sewage treatment systems, grading and filling 23 activities, and other activities as regulated in article X, Division 7 Grading and Land Alterations 24 elsewhere in this Code. 25 (Ord. No. 101 2nd series, § 1(10.56(10)), 2-24-1992) 26 Sec. 78-1252. - Nonconformities. 27 All legally established nonconformities as of February 24, 1992, may continue subject to applicable 28 state statutes and as regulated elsewhere in this Code. In shoreland areas, the following standards shall 29 also apply: 30 (1) Construction on nonconforming lots of record. Development or use of existing lots of record 31 shall be regulated as set forth in section 78-72. 32 (2) Additions/expansions to nonconforming structures. All additions or expansions to the outside 33 dimensions of an existing nonconforming structure must meet the setback, height, and other 34 requirements set forth in this chapter. Any deviation from these requirements must be authorized 35 by a variance pursuant to provisions of this chapter. 36 Commented [JB1]: New definition. Storage of less than 10 CY is not d . Commented [JB2]: Matching the definition to Shore setback zone. Shore setback is from the Shoreland Management section Commented [JB3]: We do not have a RR-1B-1. Commented [JB4]: Lots of Record Page | 2 March 9, 2020 (3) Nonconforming sewage treatment systems. A nonconforming sewage treatment system (also 37 defined as a noncompliant system) as defined in section 58-41 and located within the Shoreland 38 Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or 39 variance of any type is required for any improvement on, or use of, the property, except that 40 systems which are noncompliant due solely to lack of three feet of unsaturated soil or sand 41 between the distribution device and the limiting soil characteristics shall have seven years in 42 which to become compliant per the provisions of chapter 58, article II, of this Code. All other 43 noncompliant sewage treatment system provisions of chapter 58, article II, of this Code shall 44 apply to all shoreland areas. 45 (Ord. No. 101 2nd series, § 1(10.16(17)), 2-24-1992; Ord. No. 162 2nd series, § 1, 9-22-1997) 46 Secs. 78-1253—78-1275. - Reserved. 47 48 DIVISION 3. - SHORELAND OVERLAY DISTRICT STANDARDS 49 Sec. 78-1276. - Generally. 50 The Shoreland Overlay District standards are in addition to the requirements set forth in this chapter 51 for the various zoning districts. In case of conflict, the most restrictive provision applies. 52 (Ord. No. 101 2nd series, § 1(10.56(16)), 2-24-1992) 53 Sec. 78-1277. - Minimum lot area/lot width standards. 54 Minimum lot area and lot width standards of the underlying zoning district shall apply, with the 55 following exceptions: 56 (1) No lot within 1,000 feet of a general development lake and approved for duplex use per sections 57 78-228(810), 78-253(810), 78-303(910), 78-328(9), 78-348(10), or 78-367(10) shall be less than 58 135 feet in width nor less than 26,000 square feet in area, if riparian, nor less than 17,500 square 59 feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width 60 requirements of the respective underlying zoning district. 61 (2) No lot within 300 feet of a tributary and approved for duplex use per sections 78-228(810), 78-62 253(810), 78-303(910), 78-328(9), 78-348(10), or 78-367(10) shall be less than 150 feet in width 63 when no sewer is available, nor less than 115 feet in width when sewer is available, but such lot 64 shall also meet the minimum lot width requirements of the respective underlying zoning district. 65 Sec. 78-1279. - Placement of buildings and structures on lots. 66 When more than one setback applies to a site, buildings, structures, and facilities must be located to 67 meet all setbacks. Buildings and structures shall be located as follows: 68 * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings 69 and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various 70 zoning districts. 71 (3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways, landings and 72 lock boxes, must not be placed within bluff impact zones. 73 (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots 74 or parcels without public waters frontage, or, if located on lots or parcels with public waters 75 frontage, must either be set back double the normal ordinary high water level setback or be 76 substantially screened from view from the water by vegetation or topography, assuming summer, 77 leaf-on conditions. 78 Commented [JB5]: Chapter 58 is SSTS regulations Commented [JB6]: Zoning chapters, Duplexes are a conditional use Page | 3 March 9, 2020 (5) Fences, docks, retaining walls. No fence shall be placed within the shore setbackShore Setback 79 zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject 80 to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the 81 shore setbackShore Setback zone. 82 Sec. 78-1282. - Driveways, stairways, lifts and landings. 83 (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the 84 property has no other frontage on or access to a public or private road. 85 (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access 86 up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in 87 the shore setbackShore Setback zone and must meet the following design requirements: 88 (1) Stairways and lifts must not exceed four feet in width. 89 (2) Landings for stairways and lifts shall not exceed 32 square feet in area. 90 (3) Canopies or roofs are not allowed on stairways, lifts, or landings. 91 (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or 92 placed into the ground, provided they are designed and built in a manner that ensures control of 93 soil erosion. 94 (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, 95 as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever 96 practical. 97 (6) Facilities necessary to provide shore area access to physically handicapped persons shall be 98 allowed, provided that the dimensional and performance standards of subsections (1)—(5) of this 99 section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. 100 (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless 101 of whether such improvements are constructed above, at or below grade. 102 Sec. 78-1283. - Steep slopes. 103 Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways, 104 structures, grading, or other improvements on steep slopes shall provide adequate information to allow the 105 city to evaluate possible soil erosion impacts and development of visibility from public waters before 106 such permit may be issued. Grading plans prepared for steep slopes shall be prepared by a Professional 107 Engineer licensed by the State of Minnesota. When determined necessary, conditions shall may be 108 attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, 109 vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on 110 vegetation. 111 112 Sec. 78-1285. - Vegetation alterations. 113 (a) (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 114 six inches or more (or 19 inches in circumference or greater) measured three feet above the ground 115 may be removed without first obtaining a permit from the city staff. 116 Live trees removed within 75 feet of the shoreline shall be replaced based in the following manner: 117 1. Trees less than 36 inches in diameter 1 inch of replacement tree per inch of tree 118 diameter removed 119 2. Trees greater than 36 inches in diameter, ½ inch of replacement tree per diameter 120 inch of tree removed 121 Commented [JB7]: Shore setback varies between lake and whether the lot is sewered or not. Commented [JB8]: Plymouth 530.07: For each one (1.0) tree inch that is removed or disturbed beyond the threshold, the subdivider shall replant 1.25 inches of new trees or provide the City with $125.00 in restitution. Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5" Commented [JB9]: Planning Commission proposed a scale for tree replacement, citing concerns with over population on some lots. Page | 4 March 9, 2020 3. Replacement trees shall be at least 1.5 inches in diameter, and of a type approved 122 by the City, provided that at least the equivalent number of replacement trees of a 123 size and nature found acceptable to the staff are planted at the same setback from 124 the shoreline as those removed. Removal of trees that are dead shall not require a 125 permit, but such trees must be inspected by city staff prior to their removal. 126 (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact 127 zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 128 six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a 129 view to the water from the principal dwelling site and to accommodate the placement of permitted 130 stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted 131 lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the 132 water, assuming summer, leaf-on conditions, is not substantially reduced. 133 (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7-11-1994; Ord. No. 134 178 3rd series, § 14, 10-10-2016) 135 Sec. 78-1286. – Topographic alterations/grading and filling. New Public and Private roads. 136 (a) Permit Required. A plan showing proper drainage and protection of adjoining properties shall be submitted. 137 The city engineer shall have the authority to refer any requests for land alteration permits to the city council for 138 review and approval in instances where the land alteration appears to create negative impacts or be inconsistent 139 with the goals and policies of the community management plan. An active building permit or separate land 140 alteration permit is required for the following: 141 (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and 142 driveways under validly issued construction permits for these improvements do not require the issuance of a 143 separate grading and filling permit. However, All grading and filling activity as a part of approved permits for 144 construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling 145 standards of this article. 146 (b) Grading, filling or excavating of more than 50 cubic yards is prohibited without an interim use permit within 147 the shore setback of the public waters enumerated in section 78-1217. 148 (c) New Public and private roads, driveways, parking areas, and public or private watercraft access ramps 149 shall not be constructed within the shore setbackShore Setback of the public waters enumerated in 150 section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning 151 variance review procedure, and such review shall consider the following: 152 (1) Such improvements shall be designed to take advantage of natural vegetation and topography to 153 achieve maximum screening from view from public waters. 154 (2) All roads and parking areas shall be designed and constructed to minimize and control erosion 155 to public waters consistent with the requirements of all agencies with jurisdiction and in 156 accordance with City Code chapter 79. 157 (d) Except for those projects requiring permits for construction of structures, sewage treatment systems 158 and driveways, an administrative land alteration permit will be required as follows: 159 (1) For movement of up to 50 cubic yards of material within the shore setback as per item (b) above, 160 (2) Import/export of 51 through 500 cubic yards of material anywhere within the Shoreland Overlay 161 District, except for within the shore setback. 162 (3) Import/export of more than 500 cubic yards of material within the Shoreland Overlay District 163 interim use permit approval by the city council is required in addition to the administrative land 164 alteration permit. 165 Formatted: Not Highlight Commented [JB10]: Most of the following sections were moved to lines 320… Formatted: Not Highlight Page | 5 March 9, 2020 (e) Permits are issued based on the applicant's ability to meet and adhere to the following standards: 166 (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how 167 extensively the proposed activity would affect the following functional qualities of the wetland: 168 a. Sediment and pollutant trapping and retention; 169 b. Storage of surface runoff to prevent or reduce flood damage; 170 c. Fish and wildlife habitat; 171 d. Recreational use; 172 e. Shoreline or bank stabilization; and 173 f. Noteworthiness, including special qualities, such as historic significance, critical habitat for 174 endangered plants and animals, or others. 175 This evaluation must also include a determination of whether the wetland alteration being 176 proposed requires permits, reviews or approvals by other sections of city ordinances or by other 177 local, state or federal agencies including but not limited to watershed districts, state Department 178 of Natural Resources, or the United States Army Corps of Engineers. 179 (2) Alteration activities shall be in accordance with City Code section 79-9 Minimum SWPPP Best 180 Management Practices (BPMs). 181 (3) Fill or excavated material must not be placed in a manner that creates an unstable slope. 182 (4) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer 183 for continued slope stability and must not create finished slopes of 30 percent or greater. 184 (5) Fill or excavated material must not be placed in bluff impact zones. 185 (6) Any alterations below the ordinary high water level of public waters must first be authorized by 186 the commissioner of the department of natural resources under Minn. Stat. § 103G.245. 187 (7) Alterations of topography must only be allowed if they are accessory to permitted, conditional 188 use or interim use and do not adversely affect adjacent or nearby property. 189 (8) Placement of natural rock riprap, including associated grading of the shoreline and placement of 190 a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot 191 vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and 192 the height of the riprap above the ordinary high water level does not exceed three feet. A riprap 193 permit shall be obtained per the requirements of section 78-969. 194 (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, 195 lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the 196 elevation or the ordinary high water level are subject to approval of the Department of Natural 197 Resources and other agencies with concurrent jurisdiction. 198 Sec. 78-1289. - Standards for commercial, public and semipublic uses. 199 (a) Surface-water-oriented commercial uses and public or semipublic uses with similar needs to have 200 access to and use of public waters may be located on parcels or lots with frontage on public waters, if 201 permitted by the underlying zoning district standards. Those uses with water-oriented needs must meet 202 the following standards: 203 (1) In addition to meeting impervious coverage (hard cover) limits, setbacks, and other zoning 204 standards in this article, the uses must be designed to incorporate topographic and vegetative 205 screening of parking areas and structures. 206 Page | 6 March 9, 2020 (2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and 207 design them to avoid obstructions of navigation and to be the minimum size necessary to meet 208 the need. 209 (3) Uses that depend on patrons arriving by watercraft may use the minimum amount of signage and 210 lighting necessary to convey needed information to the public, subject to the following general 211 standards: 212 a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. 213 Signs conveying information or safety messages may be placed in or on public waters by a 214 public authority or under a permit issued by the county sheriff. 215 b. Signs may be placed, when necessary, within the shore setbackShore Setback zone if they 216 are designed in size to be the minimum necessary to convey needed information. They must 217 only convey the location and name of the establishment and the general types of goods or 218 services available. The signs must not contain other detailed information such as product 219 brands and prices, must not be located higher than ten feet above the ground, and must not 220 exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded 221 or directed to prevent illumination out across public waters. 222 c. The aggregate square footage of sign space per property shall not exceed the limitations on 223 sign square footage as regulated in article X, division 4, of this chapter. 224 d. Non sign-related outside lighting may be located within the lakeshore setback zone or over 225 public waters only if it is used primarily to illuminate potential safety hazards and is shielded 226 or otherwise directed to prevent direct illumination out across public waters. This does not 227 preclude use of navigational lights. 228 (b) Uses without water-oriented needs must be located on lots or parcels without public waters frontage, 229 or, if located on lots or parcels with public waters frontage, must either be set back double the normal 230 ordinary high water level setback or be substantially screened from view from the water by vegetation 231 or topography, assuming summer, leaf-on conditions. 232 (Ord. No. 101 2nd series, § 1(10.56(16)(M)), 2-24-1992) 233 Sec. 78-1290. - Agricultural use standards. 234 (a) When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries, 235 horticulture, truck farming and wild crop harvesting shall be allowed in the Shoreland Overlay District; 236 except that no such activity shall occur within the shore setbackShore Setback zone nor on steep slopes 237 or bluff impact zones. Steep slopes, shore setbackShore Setback zone and bluff impact zones shall be 238 maintained in permanent vegetation. 239 (Ord. No. 101 2nd series, § 1(10.56(16)(N)), 2-24-1992) 240 Sec. 78-1292. - Extractive use standards. 241 In addition to Interim Use Permit requirements included within Article XIV of this Chapter, the 242 following standards apply: 243 244 (a) Site development and restoration plan. An extractive use site development and restoration plan must 245 be developed, approved and followed over the course of operation of the site. The plan must address 246 dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation 247 and topographic alterations. It must also identify actions to be taken during operation to mitigate 248 Commented [JB11]: Orono Sign Code Page | 7 March 9, 2020 adverse environmental impacts, particularly erosion, and must clearly explain how the site will be 249 rehabilitated after extractive activities end. 250 (b) Setbacks for processing machinery. Processing machinery must be located consistent with setback 251 standards for structures buildings from ordinary high water levels of public waters and from bluffs. 252 Secs. 78-1296—78-1320. - Reserved. 253 254 Sec. 78-1331. - Conversion. 255 Existing resorts or other land uses may be converted to planned residential developments if all of the 256 following standards are met: 257 (1) Proposed conversions must be initially evaluated using the same procedures for PRDs involving 258 all new construction. Inconsistencies between existing features of the development and these 259 standards must be identified. 260 (2) Deficiencies involving water supply and sewage treatment, impervious coverage, open space, 261 and shore recreation facilities must be corrected as part of the conversion or as specified in the 262 conditional use permit. 263 (3) Shore setbackShore Setback zone and bluff impact zone deficiencies must be evaluated, and 264 reasonable improvements be made as part of the conversion. These improvements must include, 265 where applicable, the following: 266 a. Removal of extraneous buildings, docks or other facilities that no longer need to be located 267 in shore setbackShore Setback zone or bluff impact zone. 268 b. Remedial measures to correct erosion sites and improve vegetative cover and screening of 269 buildings and other facilities as viewed from the water. 270 c. If existing dwelling units are located in the shore setbackShore Setback zone or bluff impact 271 zone, conditions shall be attached to approvals of conversions that preclude exterior 272 expansions in any dimension or substantial alterations. The conditions must also provide for 273 future relocation of dwelling units, where feasible, to other locations, meeting all setback 274 and alteration requirements when they are rebuilt or replaced. 275 (4) Existing dwelling unit or dwelling site densities that exceed the standards in section 78-1326 276 may be allowed to continue but must not be allowed to be increased, either at the time of 277 conversion or in the future. Efforts must be made during the conversion to limit impacts of high 278 densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation 279 facilities, installing new sewage treatment systems, or other means. 280 (Ord. No. 101 2nd series, § 1(10.56(19)(K)), 2-24-1992) 281 Secs. 78-1332—78-1365. - Reserved. 282 283 284 Commented [JB12]: PRD density Page | 8 March 9, 2020 285 DIVISION 7. - GRADING AND LAND ALTERATIONS 286 287 288 Sec. 78-1590. - Purpose. 289 The purpose of this section is to promote the health, safety, and welfare of the community and to 290 establish reasonable uniform limitations, standards, and controls for land alterations, excavating, filling 291 and grading within the city. The regulations will allow the city to better manage stormwater discharge, 292 ensuring drainage does not negatively impact neighboring properties, manage hauling traffic and noise, 293 and prevent erosion issues onto adjacent properties, wetlands, lakes, and roads. It is the intent that 294 development conform to the character of the land wherever practical, and the reconfiguration of the land 295 necessary to support development be kept to the minimum amount necessary. 296 (Ord. No. 219 3rd series, § 5, 12-10-2018) 297 Sec. 78-1591. -– Information Required. All information required by the city shall be submitted for 298 review. Required information may include, but is not limited to: Grading plans, cut/ fill calculations, haul 299 route proposals, erosion control plan, and Watershed district comments. 300 a. Grading plans involving Steep Slopes, Bluffs, or prepared for slope failure mitigation shall be 301 prepared by a professional engineer licensed in the State of Minnesota. Grading plans A 302 planshall showing proper drainage and protection of adjoining properties shall be submitted. 303 b. The city engineer shall have the authority to refer any requests for land alteration permits to the 304 city council for review and approval in instances where the land alteration appears to create 305 negative impacts to the infrastructure network, length of time of the project, or be inconsistent 306 with the goals and policies of the community management plan. 307 308 309 Commented [JB13]: Some methods for slope failure mitigation include underground retaining structures. These would still require a variance, for hardcover in the lake-yard. Commented [JB14]: P.E to prepare grading plans in sensitive areas. Page | 9 March 9, 2020 Sec. 78-1592 Permit Required 310 311 1. Administrative Ppermit required. 312 A plan showing proper drainage and protection of adjoining properties shall be submitted. The city 313 engineer shall have the authority to refer any requests for land alteration permits to the city council for 314 review and approval in instances where the land alteration appears to create negative impacts or be 315 inconsistent with the goals and policies of the community management plan. 316 (a) (a) Unless approved as part of a project in which a permit has been issued, a separate land 317 alteration permit shall be required for the following. 318 319 An active building permit or separate land alteration permit is required for the following: 320 (1) Normal and customary grading in the area of an existing or a newly constructed building; or 321 the grading of the driveway serving such building; and less than 500 cumulative 322 import/export of material, except for fill required to raise grade for adequate frost footing 323 protection, the intent being that structures shall not be artificially raised above the preexisting 324 surrounding topography. 325 (2) Import/export of 51—500 cubic yards which does not adversely impact the existing drainage, 326 (3) Changing the grade on a lakeshore property within the shore setback up to 50 cubic yards. 327 a. Exception. A building permit or land alteration permit is not required for earth movement 328 50 cubic yards or less outside the shore setback. 329 (4) Repair or restoration of grade within the shore setback provided import/export does not 330 exceed 500 cubic yards to reestablish existing/ failing slope with engineer review. 331 (5) Stockpiling less than 500 cubic yards of material provided that the following documents be 332 submitted: 333 a. An erosion control plan, meeting the standards of chapter 79; and 334 b. Proposed haul routes. 335 (6) Installation of septic systems in accordance with chapter 58, Environment, article II, on-site 336 sewage disposal. 337 (7) Grading, excavation, or fill which is greater than or equal to 50 CY or disturbs5,000 square 338 feet. 339 Location Lake Yard or Shore Setback Zone Activity in the Shoreland Overlay District, but outside the Lake Yard All other areas, lots that are 5 acres or less All other areas, lots greater than 5 acres in size Grading 0-10 Cubic yards, or 0-1,000 sq ft of arfea 50-2,500 cubic yards, or 5,000-10,000 sq ft of area 50-2,500 cubic yards, or 5,000-10,000 sq ft of area 50-5,000 cubic yards, or 5,000-20,000 sq ft of area Import/ Export Between 10 CY and up to 500 CY Between 50 and 500 CY Between 50 and 2,500 CY Between 50 and 5,000 CY Stockpiling Up to 90 days Up to 180 days Up to 180 days Up to 180 days ACTIVITY Commented [JB15]: Unless part of a permitted project…. The Planning Commission suggested breaking the “all other areas” into two sections. Commented [JB16]: The following activities do not require a separate permit IF part of a permitted project. Commented [JB17]: If import of soil is greater than 500 CY to repair a slope failure, a IUP will be required. Page | 10 March 9, 2020 (Ord. No. 219 3rd series, § 5, 12-10-2018) 340 (a)(b) Sec. 78-1592. - Within Shoreland Overlay Districtmanagement and floodplain 341 management. 342 343 (a) Permit Required within Shoreland management and Floodplain management. A plan showing proper 344 drainage and protection of adjoining properties shall be submitted. The city engineer shall have the 345 authority to refer any requests for land alteration permits to the city council for review and approval in 346 instances where the land alteration appears to create negative impacts or be inconsistent with the goals 347 and policies of the community management plan. An active building permit or separate land alteration 348 permit is required for the following: 349 All grading and filling activity as a part of approved permits for construction of structures, sewage 350 treatment systems, and driveways shall adhere to the Standards for Issuance of this article. land 351 alteration permit is required for the following: 352 (b) Grading, filling or excavating of more than 50 cubic yards is prohibited without an interim use permit within 353 the shore setback of the public waters enumerated in section 78-1217. 354 (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and 355 driveways, an administrative land alteration permit will be required as follows: 356 (1) For movement of up to 50 cubic yards of material within the shore setback as per item (b) above, 357 (2) Import/export of 51 through 500 cubic yards of material anywhere within the Shoreland Overlay District, 358 except for within the Shore Setback. 359 (3) Import/export of more than 500 cubic yards of material within the Shoreland Overlay District interim 360 use permit approval by the city council is required in addition to the administrative land alteration permit. 361 Sec 78-1593 Standards for Issuance 362 (e) 363 (A) In addition to the rules, process, and procedures outlined with Chapter 79, Construction Site Runoff 364 Control of this Code, Permits are issued based on the applicant's ability to meet and adhere to the 365 following standards: 366 (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how 367 extensively the proposed activity would affect the following functional qualities of the wetland: 368 a. Sediment and pollutant trapping and retention; 369 b. Storage of surface runoff to prevent or reduce flood damage; 370 c. Fish and wildlife habitat; 371 d. Recreational use; 372 e. Shoreline or bank stabilization; and 373 f. Noteworthiness, including special qualities, such as historic significance, critical habitat for 374 endangered plants and animals, or others. 375 This evaluation must also include a determination of whether the wetland alteration being 376 proposed requires permits, reviews or approvals by other sections of city ordinances or by other 377 local, state or federal agencies including but not limited to watershed districts, state Department 378 of Natural Resources, or the United States Army Corps of Engineers. 379 Commented [JB18]: The highlighted section is largely copied from the Shoreland regulation section. Commented [JB19]: One of initial purpose of the amendment, reduce the red tape and time involved in slope failures. Commented [JB20]: Most of the following standards are from the Shoreland Overlay District Division. Page | 11 March 9, 2020 (2) Alteration activities shall be in accordance with City Code section 79-9 Minimum SWPPP Best 380 Management Practices (BPMs), including, but not limited to: 381 a. Alterations must be designed and conducted in a manner that ensures only the smallest 382 amount of bare ground is exposed for the shortest time possible. 383 b. Mulches or similar materials must be used, where necessary, for temporary bare soil 384 coverage, and a permanent vegetation cover must be established as soon as possible. 385 c. Methods to minimize soil erosion and to trap sediments before they reach any surface 386 water feature must be used. 387 d. Altered areas must be stabilized to acceptable erosion control standards consistent 388 with the field office technical guides of the local soil and water conservation districts and 389 the United States Natural Resources Conservation Service. 390 391 (3) Fill or excavated material must not be placed in a manner that creates an unstable slope. 392 (4) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer 393 for continued slope stability and must shall not create finished slopes of 30 percent or greater. 394 (5) Fill or excavated material must shall not be placed in bluff impact zones, unless approved by the 395 City engineer as part of a slope stabilization project. 396 (6) Any alterations below the ordinary high water level of public waters must first be authorized by 397 the commissioner of the department of natural resources under Minn. Stat. § 103G.245. 398 (7) Alterations of topography may only be permitted must only be allowed if they are accessory to 399 permitted, conditional use or interim use and if they do not adversely affect adjacent or nearby 400 property. 401 (8) Any permit involving the import or export of material, the proposed haul route shall maximize 402 use of County and State roads and be approved by the City Engineer. In addition, , the City 403 Engineer shall review the proposed haul route and document the condition of the city streets prior 404 to import/ export activity. The city may require an escrow deposit to guarantee repair of city 405 streets damaged by the hauling activity. Placement of natural rock riprap, including associated 406 grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does 407 not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within 408 ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water 409 level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 410 78-969. 411 (Bf) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, 412 lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the 413 elevation or the ordinary high water level are subject to approval of the Department of Natural 414 Resources and other agencies with concurrent jurisdiction. 415 (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994; Ord. No. 416 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 417 8-22-2005; Ord. No. 133 3rd series, §§ 2, 3, 1-26-2015; Ord. No. 219 3rd series, § 4, 12-10-2018) 418 419 (C) Additional requirements for grading and land alterations may apply to projects within the Shoreland 420 Overlay District in City Code section 78-1286 and floodplain management areas under City Code 421 article VIII. 422 423 Commented [JB21]: From state rules relative to grading. Formatted: Not Highlight Commented [JB22]: Haul route standards introduced. Page | 12 March 9, 2020 (Ord. No. 219 3rd series, § 5, 12-10-2018) 424 Sec. 78-15943. - Interim use permit requirements. 425 Interim use permits may be required for larger certain grading and land alterations projects outlined 426 in City Code section 78-1726Article XIV, Division 1. 427 (Ord. No. 219 3rd series, § 5, 12-10-2018) 428 Secs. 78-15954—78-1600. - Reserved. 429 430 Page | 13 March 9, 2020 ARTICLE XIV. - INTERIM USES 431 432 DIVISION 1. - GENERALLY 433 434 Sec. 78-1726. - Interim use permit required. 435 An application for an interim use permit shall be accompanied by a certified site plan showing the 436 location of the proposed excavation or storage and shall state the amount of material which is to be 437 removed, excavated or stored, placed, or graded, and such other information as the council may require. 438 Applications shall be filed with the city administrator and shall be accompanied by a deposit to be 439 determined by the city, which will be used to offset the cost of processing the application. Any unused 440 portion will be refunded to the applicant. 441 (a) Except where otherwise provided in the article, it is unlawful for any person to perform or have 442 performed the following land alteration activities without an interim use permit issued by the 443 council: 444 (1) Mining. The commercial extraction of sand, gravel or other material from the land and their 445 removal from the site without processing shall be mining. In all districts, the conduct of 446 mining shall be permitted only upon issuance of a interim use permit. Such permit shall 447 include, as a condition, a plan for a finished grade which will not adversely affect the 448 surrounding land or development of the site on which the mining is being conducted, and the 449 route of trucks moving to and from the sites. A bond will be required for restoration 450 (2) Soil processing. The operation of processing of sand, gravel or other material mined from 451 the land shall be permitted only by interim use permit. Such permit shall include a site plan 452 where the processing is to be done, showing the location of the plant, disposal of water, route 453 of trucks moving to and from the site in removing processed material from the site, the 454 condition in which the site is intended to be left upon completion, hour of operation; and 455 such permit shall not be granted for a period of longer than 12 months 456 (3) Creation of an engineered grade for the basis of building height determination outside of a 457 subdivision. 458 (4) Unless included as part of a permitted project or as exempted below, the following activities 459 require a separate Interim Use Permit. 460 461 462 Location Lake Yard or Shore Setback Zone Activity in the Shoreland Overlay District, but outside the Lake Yard All other areas, lots 5 acres or less All other areas, lots greater than 5 acres Grading More than 10 CY, or more than 1,000 sq ft of disturbed area More than 2,500 cy, or more than 10,000 sq ft of area More than 2,500 cy, or more than 10,000 sq ft of area More than 5,000 cy, or more than 20,000 sq ft of area Import/ Export More than 500 CY More than 500 CY More than 2,500 CY More than 5,000 CY Stockpiling Stockpiling more than 90 days Stockpiling more than 180 days Stockpiling more than 180 days Stockpiling more than 180 days ACTIVITY Formatted: Not Highlight Commented [JB23]: If import of material exceeds 500 cy is necessary to repair slope failure, an IUP (6 weeks) is required. Page | 14 March 9, 2020 (4) Change the grade or shore of lakeshore property within the shore setback, in excess of 50 463 cubic yards. 464 (5) Stockpiling on site in excess of 500 cubic yards or longer than 180 days, without an 465 associated building permit. 466 (6) Any import/export of material in excess of 500 cumulative cubic yards, also see City Code 467 section 78-1286(d)(3). 468 (57) Conducting grading or land alterations which result in changes in elevations within five 469 feet of adjacent properties, unless part of a building project. 470 outside of an active building permit. 471 Emergency repair exception. Slope failures have a direct impact on the health and welfare 472 of Orono residents, and timely response to such events is important to the protection of natural 473 resources and private property. Therefore, the City Engineer may declare grading and/ or export/ 474 import activities in the Lake yard exceeding the limits above as Emergency Repair and forward 475 such application to the City Council for immediate review. Emergency repair shall be defined for 476 the purposes of this Article as the activities necessary to stabilize a failing slope, or prevent the 477 imminent failure of a slope, in the opinion of the City Engineer. 478 479 (Ord. No. 219 3rd series, § 6, 12-10-2018) 480 Sec. 78-1746. - Application procedure. 481 The information required and the procedures to be followed for all interim use permit applications 482 shall be the same as that required for a conditional use permit as provided for in this chapter in sections 483 78-912 through 78-917. In addition, the following information shall be provided: 484 (a) Written documentation that includes a complete description of the use, schedule for 485 commencement and termination of the use, hours and dates of operation and anticipated 486 employment. 487 (b) Any special studies requested by the city when there is evidence that the proposed use may 488 negatively impact public infrastructure, the environment or adjacent land uses. These studies may 489 examine the impacts on such things as traffic, environment, wetlands and utilities. 490 (c) Evidence of approval or preliminary approval from all other agencies with jurisdiction over 491 elements of the use. 492 493 Formatted: Indent: Left: 0.55", No bullets ornumbering Commented [JB24]: Emergency repair exception Commented [JB25]: Process to review CUP’s. Location Activity in the Lake Yard Activity in the Shoreland Overlay District, but outside the Lake Yard All other areas Grading Up to 50 CY (Secs. 78‐ 1591 a.3) and 78‐1286 (d)(1) Grading more than or equal to 50 CY or 5,000 sq. ft. (79‐6 a.3) Grading more than or equal to 50 CY or 5,000 sq. ft. (79‐6 a.3) "Normal and Customary" (78‐1591‐ (a)(1) Import/ Export 51‐500 CY (78‐1591 a.2) and (78‐1286 (d)(2)) 51‐500 CY (78‐1591 a.1, a.2) Stockpiling Less than 500 CY (78‐ 1591 a.5) Less than 500 CY (78‐ 1591 a.5) Less than 500 CY (78‐ 1591 a.5) Activity Activity in the Lake Yard Activity in the Shoreland Overlay District, but outside the Lake Yard All other areas Grading More than 50 CY (78‐ 1286 (b)) Import/ Export *Does not differentiate between areas More than 500 CY (78‐ 1726 (a)(6)) More than 500 CY (78‐ 1286 (d)(3)) and (78‐ 1726 (a)(6)) More than 500 CY (78‐ 1286 (d)(3)) and (78‐ 1726 (a)(6)) Stockpiling Stockpiling more than 500 CY (78‐1726 (a)(5)) w/o a building permit Stockpiling more than 500 CY (78‐1726 (a)(5)) w/o a building permit Stockpiling more than 500 CY (78‐1726 (a)(5)) w/o a building permit Grading Less than 10 CY Less than 50 CY or disturbing less than 5,000 sf Less than 50 CY or disturbing less than 5,000 sf Import/ Export Up to 50 CY Stockpiling Less than 500 CY Less than 500 CY Less than 500 CY Existing No permit is required for the following activities Unless included as part of a permitted project, a separate Land Alteration permit is required for the following activities: Activity An Interim Use Permit is required for the following activities Location Location Lake Yard or Shore Setback Zone Activity in the Shoreland Overlay District, but outside the Lake Yard All other areas, lots that are 5 acres or less All other areas, lots greater than 5 acres in size Grading 0‐10 Cubic yards, or 0‐ 1,000 sq. ft. of area 50‐2,500 cubic yards, or 5,000‐10,000 sq. ft. of area 50‐2,500 cubic yards, or 5,000‐10,000 sq. ft. of area 50‐5,000 cubic yards, or 5,000‐20,000 sq. ft. of area Import/ Export Between 10 CY and up to 500 CY Between 50 and 500 CY Between 50 and 2,500 CY Between 50 and 5,000 CY Stockpiling Up to 90 days Up to 180 days Up to 180 days Up to 180 days Activity Grading More than 10 CY, or more than 1,000 sq. ft. of disturbed area More than 2,500 cy, or more than 10,000 sq. ft. of area More than 2,500 cy, or more than 10,000 sq. ft. of area More than 5,000 cy, or more than 20,000 sq. ft. of area Import/ Export More than 500 CY More than 500 CY More than 2,500 CY More than 5,000 CY Stockpiling Stockpiling more than 90 days Stockpiling more than 180 days Stockpiling more than 180 days Stockpiling more than 180 days Grading Less than 10 CY or disturbing less than 1000 sq. ft. Less than 50 CY or disturbing less than 5,000 sf Less than 50 CY or disturbing less than 5,000 sf Less than 50 CY or disturbing less than 5,000 sf Import/ Export Less than 10 CY Less than 50 CY Less than 50 CY Less than 50 CY Stockpiling Less than 14 days or less than 10 CY Less than 14 days or less than 10 CY Less than 14 days or less than 10 CY Less than 14 days or less than 10 CY Proposed 3‐9‐2020 Unless included as part of a permitted project, a separate Land Alteration permit is required for the following ACTIVITY Interim Use Permit is required if the following activities are NOT included in a permitted project Location No permit is required for the following activities To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: February 18, 2020 Subject: #LA19-000091, City of Orono Text Amendment Related to Grading and Land Alterations Public Hearing Background This item was introduced to the Planning Commission in January, 2020. A workshop is scheduled for Tuesday, February 18, 2020 at 5:00 p.m. to review and discuss. The City Council identified the need to review the Grading and Land Alterations (GLA) at their workshop on September 23, 2019. At that meeting, a constituent noted the time it took to get the appropriate permits for grading in the lake yard (slope stabilization). Virtually all slope stabilization activity in the lake yard requires an Interim Use Permit, which triggers a public hearing process, and typically takes 6-8 weeks, making preventative work virtually impossible. In reviewing this process, staff noted that the DNR (in managing public waters impacts) requires a local permit for the activity, and does not require a public hearing (IUP or CUP). Conditional Use (or Interim Use) permits require a 6-8 week public review process. Further, staff has long received complaints about the lack of clarity in our current ordinance, specifically which activity requires a permit. Lastly, regulations for grading and land alteration activity can be found in several different sections of the code: Grading and Land Alterations, Shoreland Management, Interim Use Permits, and Construction Site Run-Off Control. This diversity in location lends to confusion and missed regulations. With these issues identified, staff has developed an amendment that clarifies what actions require permits, who reviews which permits, what is required for certain applications, and organizes those regulations in a logical way. Analysis Perhaps the most prominent changes to the process and procedures are summarized below and Application Summary: The Amendment revises and restates the triggers, standards, and procedure for the review of grading and land alteration activities in the city. Staff Recommendation: Planning Department Staff recommends the Commission approve the draft, subject to any changes identified during the workshop or public hearing. FILE #LA19-000091 February 18, 2020 Page 2 of 2 charted on the attached Exhibit B. All changes are shown; text with strikethrough formatting is proposed to be deleted, and underlined text is proposed to be added. 1. Grading and Land Alteration (GLA) regulations currently found in the Shoreland Overlay district are moved to the Grading and Land Alteration section; most GLA regulations can be found together. 2. Standards for grading and land alteration in the shore land are added for all GLA activities. 3. Interim Use Permits (IUP) are currently required for any export/ import over 500 cy. The draft requires an IUP if this activity is not part of a permitted project. The draft also establishes a review of public roads (the primary issue typically) and includes use of county and state roads as much as practical. 4. Slope failure language is added in the shoreline, in lieu of an IUP, these projects require a permit. If these validity of the slope repair is in question, the City Engineer can refer the question to the City Council. 5. Stockpiling is proposed to be regulated not by the volume, but by the duration, which is an attempt to address the bigger impact to that activity. 6. New definitions are introduced, more can be added as necessary. Public Comments To date, no public comments have been received. The DNR has reviewed an early draft. Per state Statute, the DNR must review all changes that impact the Shoreland Overlay District. After the Council’s initial comments, staff intends to provide that draft to the DNR for review; the City Council will then revisit it after the DNR has commented. Issues for Consideration 1. Has the Commission identified anything areas requiring further clarification or discussion? 2. Are there any other issues or concerns with this amendment? Planning Staff Recommendation Planning Staff recommends approval of the ordinance, subject to any changes identified during the workshop or public hearing. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Permitting requirement summary Exhibit C January 21, 2020 Minutes (draft) References January 21, 2020 PC Packet February 18, 2020 PC workshop packet Grading and Land Alteration IUP History 2019 Case #Address IUP Approved New House? 18-102 2455 North Shore Dsrive 315 CY fill in 75 lake yard, Engineered grade Yes Yes 19-19 1400 Bracketts Point Rd Export 9500 CY, grading 5,800 cy in 75 Yes Yes 19-23 1600 Bohns Point Export 1,300 Yes Yes 19-40 3280 Fox Street Export 4,000 CY Yes Yes 19-42 1929 Fagerness Pt Rd Export 1,000 CY Yes Yes 19-51 1905 Concordia St Grading 0-75 Lake yard, Slope Failure Yes No 19-54 855 Old Crystal Bay Rd Export 3,200 Yes Yes 19-55 3345 Fox Street Export 1260-400 CY (ATF)Yes Yes 19-58 1080 Heritage Lane Export 5,500 CY Yes Yes AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: 1. Purpose. To consider an ordinance related to licensing of joint use facilities and marinas, and amending the permitting requirements of seasonal docks and joint use facilities. 2. Background. The City Council identified a number of fees that should be changed during their review of the fee schedule in December 2019; these fees required additional ordinance amendments. Additionally, the Council directed staff to remove the marina licensing and joint use facility licensing requirements from the ordinance. This ordinance makes those necessary housekeeping amendments. In December, the Council discussed exempting seasonal docks from the permitting requirements. The draft does do that, but does require a joint use facility to obtain a permit, since there are a number of city regulations that should be reviewed. 3. Planning Commission Vote and Comment. The Planning Commission reviewed the proposed changes at their meeting on February 18, 2020. The Planning Commission supported the changes. 4. Public Comment. No comments for or against the proposed changes have been received. 5. Staff Recommendation. Staff recommends the Council adopt the ordinance as drafted. COUNCIL ACTION REQUESTED City Council should review the ordinance and adopt or amend. Exhibits A. Draft Ordinance B. Staff report to the Planning Commission C. Planning Commission minutes 2-18-2020 - draft References PC Staff Report & Exhibits 2-18-2020 Item No.: 16 Date: March 9, 2020 Item Description: LA19-000103 - City of Orono Text Amendment Related to Dock Permitting, Joint Use Dock Licensing, and Marina licensing Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report 1 ORDINANCE NO. ___, THIRD SERIES 1 2 CITY OF ORONO 3 HENNEPIN COUNTY, MINNESOTA 4 5 AN ORDINANCE AMENDING THE CODE OF ORDINANCES 6 REMOVING LICENSING REQUIREMENTS FOR MARINAS 7 AND JOINT USE FACILITIES, AND ADJUSTING 8 THE PERMITTING REQUIREMENTS FOR SEASONAL AND JOINT USE DOCKS 9 10 11 THE CITY COUNCIL OF ORONO ORDAINS: 12 13 SECTION 1. Sec. 86-66 shall be amended by adding text to read as follows: 14 Permits for Docks 15 Sec. 86-66. - Required. 16 (a)Permits required. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, 17 improve, remove, convert, or demolish any building or structure, or any part or portion, including but 18 not limited to the general construction, plumbing, on-site sewage treatment system, wood stoves and 19 fireplaces, ventilating, heating or air conditioning systems, or cause such work to be done, without first 20 obtaining a separate building, sign, or general permit for each such building, structure or separate 21 component from the city. 22 Exception. Seasonal Docks, except for Joint Use facilities are exempt from this section. For the 23 purposes of this section, seasonal docks are docks so designed and constructed that they may be removed 24 from the Lake on a seasonal basis. All components such as supports, decking, and footings must be 25 capable of removal by manual means without use of power equipment, machines, or tools other than 26 handheld power tools. 27 28 SECTION 2. Chapter 94, Article II Joint Use of Lake Facilities shall be amended by adding 29 text to read as follows: 30 31 ARTICLE II. - JOINT USE OF LAKE FACILITIES 32 Sec. 94-36. - Definitions. 33 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to 34 them in this section, except where the context clearly indicates a different meaning: 35 Boat slip, land, means a structure, space or other thing designed or used for storing a boat temporarily 36 or permanently on land adjacent to a lake, whether it is located on or off the licensed premises. 37 Boat slip, permanent, means a boat slip on land or water used for the storing of a given boat on a long-38 term or yearly basis. 39 Boat slip, transient, means a boat slip on land or water used for the temporary storage of many 40 different boats for short periods of time. 41 Boat slip, water, means a structure, space, dock or other thing designed or used for the docking, 42 mooring or storing of a boat temporarily or permanently in or on water, including mooring posts, buoys or 43 other devices. 44 Joint use means more than two adjacent riparian landowners joining for the purpose of using lakeshore 45 property for swimming, bathing, fishing, docking or mooring boats, or for any other purpose. Joint use 46 includes the following activities: 47 Council Exhibit A LA19-103 March 9, 2020 2 (1) More than two adjacent riparian landowners sharing in the use of a single dock. 48 (2) An association of riparian and/or nonriparian landowners within a subdivision adjacent to the lake 49 sharing a dock or dock system providing permanent boat slips for the members. 50 (3) In the RS zoning district only, a not-for-profit organization or association providing transient boat 51 slips for stakeholders or a property used for day use recreation or overnight camping purposes. 52 Sec. 94-37. - License. 53 (a) It is unlawful for any person to engage or participate in joint use without first having obtained an annual 54 license from the city. 55 (b) Any person or group of persons making application for a joint use license shall do so on forms provided 56 by the city and shall provide such information as may be deemed necessary by the council in order to 57 act on such application. The fee for license applications shall be set by ordinance. 58 (c) Upon filing of any application for license, the council may call a hearing upon such notice as it may 59 deem appropriate. No such hearing shall be mandatory, but wholly within the discretion of the council; 60 except that a hearing shall be held at the request of the applicant in cases of license revocation or denial. 61 Sec. 94-38. - Joint use standards. 62 Joint uses shall adhere to the following standards: 63 (1) Any association of riparian and/or nonriparian landowners within a subdivision adjacent to the 64 lake which initiates a new joint use shall adhere to Lake Minnetonka Conservation District 65 regulations, and no such use shall have more than one boat slip per 50 feet of shoreline as measured 66 by a straight line between the points at which the side lot lines meet the ordinary high water line. 67 Further, all such use shall adhere to the shoreland management regulations of chapter 78, article 68 IX. 69 (2) Any joint use in the RS zoning district by a not-for-profit organization or association providing 70 transient boat slips for stakeholders of a property used for day-use recreation or overnight camping 71 purposes shall be allowed only in conjunction with a valid conditional use permit for such use 72 issued by the council. 73 (3) No joint use shall be approved which necessitates provision of parking stalls or which creates the 74 need for parking on any street right-of-way. 75 Sec. 78-663. - Business license required. 76 Each marina business within the B-2 lakeshore business district shall obtain an annual marina 77 business license per the provisions of this Code. 78 SECTION 3. Chapter 94, Article III Marinas shall be amended by adding and deleting text to 79 read as follows: 80 ARTICLE III. - MARINAS 81 DIVISION 1. - GENERALLY 82 Sec. 94-71. - Definitions. 83 The following words, terms and phrases, when used in this article, shall have the meanings ascribed 84 to them in this section, except where the context clearly indicates a different meaning: 85 3 Boat slip, water, boat slip, land, boat slip, permanent, and boat slip, transient, shall have the 86 meanings given them in section 94-36. 87 Business of docking, mooring or storing boats means renting or otherwise providing space, 88 including boat buoys, for docking, mooring or storing one or more boats belonging to persons other than 89 the owner or occupant of the property, except when permitted licensed as a joint use. 90 Business use means engaging in either a marina business or the business of docking, mooring or 91 storing boats. 92 Marina business means engaging in one or more of the permitted, accessory or conditional uses 93 allowed within the B-2 zoning district. 94 (Ord. No. 117 2nd series, § 2(5.43(1)), 6-28-1993) 95 Cross reference— Definitions generally, § 1-2. 96 Sec. 94-72. - Zoning standards. 97 Businesses operating required to be licensed under this article shall be subject to the requirements 98 and performance standards of the B-2 zoning district. 99 (Ord. No. 117 2nd series, § 2(5.43(5)), 6-28-1993) 100 Sec. 94-73. - Designation of primary operator. 101 The primary business operator on the property shall be the licenseholder and shall be responsible 102 for notifying the city of any and all businesses subleased on the premises. Such secondary businesses 103 shall not be separately licensed but shall be allowed only when in conformance with the provisions of 104 the B-2 zoning district standards. 105 (Ord. No. 117 2nd series, § 2(5.43(5)(B)), 6-28-1993) 106 Sec. 94-74. - Operation standards. 107 Each business licensee shall adhere to the following minimum operation standards: 108 (1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, 109 eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. 110 (2) Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. 111 (3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to 112 accommodate normal fishing activity or private use of premises-stored boats. 113 (4) The site shall be kept neat and orderly, and free of garbage. 114 (5) On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic 115 entering and leaving the site. 116 (6) Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those 117 locations shown on an approved site operation plan, which plan shall be submitted or updated as part of 118 the annual license application. Such site operation plan shall also indicate seasonally variable uses. 119 (7) Lights shall be shielded from the road, the lake and adjacent properties. 120 121 4 Chapter 94, Article III, Division 2. 122 Marinas 123 DIVISION 2. - LICENSE[2] 124 Sec. 94-96. - Required. 125 It is unlawful for any persons to engage or participate in a business use without first having obtained 126 an annual license from the city. 127 Sec. 94-97. - Application. 128 Any person or group of persons making license application for a business use shall do so on forms 129 provided by the city and shall provide such information as may be deemed necessary by the council in 130 order to act on such application. The fee for license application shall be set by resolution. 131 Sec. 94-98. - Hearing. 132 Upon filing of any application for a business use license, the council may call a hearing upon such 133 notice as it may deem appropriate. No such hearing shall be mandatory but wholly within the discretion of 134 the council, except that a hearing shall be held at the request of the applicant in cases of license revocation 135 or denial. 136 Sec. 94-99. - Insurance required. 137 Each business shall provide certification of liability insurance coverage for the duration of the license 138 period. 139 Sec. 94-100. - Business use licenses limited to B-2 zone. 140 No business use shall be licensed in any zoning district other than B-2; except that when a business 141 use is allowed by ordinance in another zoning district, such use conducted in that district shall not be 142 required to obtain a license. 143 Sec. 94-101. - Revocation. 144 Failure to adhere to this article shall be cause for license suspension or revocation. 145 Secs. 94-102—94-135. - Reserved. 146 SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage 147 and publication. 148 ADOPTED this _____ day of _____, 2020 on a vote of __ ayes and __ nays by the City 149 Council of Orono, Minnesota. 150 151 ATTEST: 152 153 154 155 ______________________________ _____________________________ 156 Anna Carlson, City Clerk Dennis Walsh, Mayor 157 158 Ordinance published in The Laker Pioneer newspaper the week of ________, 2020. 159 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: February 18, 2020 Subject: #LA19-103, City of Orono, Text Amendment related to dock permitting, Joint Use Dock Licensing, and Marina licensing. Public Hearing Background Over the course of the summer in 2019, the City Council reviewed licensing requirements for commercial marinas. Ultimately, on August 26th, the Council determined that a license was not necessary. During the review of the fee schedule in December, 2019, the City Council questioned the need for permits for docks and the need for joint use dock licenses, with the direction that the ordinances should be amended. This ordinance incorporates those changes, outlined below. An amendment to the fee schedule will be prepared for the City Council review. Analysis Dock permits The City, in Section 86-66 requires a permit “…to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion…” This has applied to the first seasonal dock placed on a lakeshore property. In practice, there are not a lot of new lakeshore lots being created. Further, the Lake Minnetonka Conservation District (LMCD) has established rules and regulations for docks. Given the LMCD placement standards, removing the city’s permitting requirements is recommended. Joint Use Dock Section 94-36 starts the regulations for Joint Use , which means “…more than two adjacent riparian landowners joining for the purpose of using lakeshore property for Application Summary: The amendment would remove the requirement for dock permits, joint use dock licensing, and licenses for marinas. Staff Recommendation: Planning Department Staff recommends the Planning Commission support the ordinance as written, subject to any comments received during the public hearing. FILE # LA19-103 February 18, 2020 Page 2 of 3 swimming, bathing, fishing, docking or mooring boats, or for any other purpose. Joint use includes the following activities: (1) More than two adjacent riparian landowners sharing in the use of a single dock. (2) An association of riparian and/or nonriparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. (3) In the RS zoning district only, a not-for-profit organization or association providing transient boat slips for stakeholders or a property used for day use recreation or overnight camping purposes.” Joint uses currently require a license, issued by the City Council. Annually, the City issues 11 licenses a year, though no new joint use docks have been issued since 2005. In the last 5 years, the city has not received any complaints about joint use docks. The issuing of licenses is a fairly intensive process for both the applicant and the city with marginal benefit. Staff recommends the licensing requirement be stricken. It should be noted that removal of the license requirement, coupled with the removal of the initial permitting requirement for docks, removes city oversight from joint use dock facilities. The LMCD does require a license for placement of 5 or more boats, or sharing shoreline. The Planning Commission should provide feedback on whether a permit should be required for the initial placement of a joint use dock. Staff’s proposed ordinance requires a permit for the initial placement of a joint use facility. Marina Licensing The rental of in-water boat slips, sales, and service of boats and boating equipment are among the listed permitted uses in the B-2 zoning district, and are commonly associated with a marina. Section 78-663 requires marinas obtain a business license. Section 94-74 outlines the operation standards for marinas, as part of the license criteria. Most of these standards echo standards already contained within the B-2 zoning district standards. The last time the Council issued marina licenses was in 2005. If the Council is comfortable that the standards in the B-2 zoning district are adequate, they should strike the licensing requirement. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission concur with the recommendation that a joint use facility obtain a permit? 2. Are there any other issues or concerns with this application? FILE # LA19-103 February 18, 2020 Page 3 of 3 Planning Staff Recommendation Planning Staff recommends approval of the changes as proposed. List of Exhibits Exhibit A. Draft amendment Exhibit B. LMCD Handout Exhibit C. Joint Use Dock location summary Exhibit D. Section 94-74 regulations Exhibit E. B-2 Standards (excerpt) Exhibit F. License summary Exhibit G. August 26, 2019 CC workshop minutes AGENDA ITEM Prepared By: LLO Reviewed By: J. Barnhart Approved By 1. Purpose. To consider a sketch plan proposal for a 3 lot single family residential subdivision. 2. Background. The property is located in the LR-1A, zoning district (2 acre minimum), and currently contains one house located on the south side. According to the survey, the property is 26.12 acres. The property includes a segment of Long Lake Creek running through the property connecting the pond on the west side to Long Lake. The proposed property would be divided into 3 lots. The new proposed private road and cul-de-sac will be placed over the existing driveway. There is currently a shared driveway which serves the home within the project property and 2 other homes. Roads: The plan proposes a new private road to serve the proposed new lots, and a shared driveway off of the cul de sac serving three lots: Lot 2, and 1305 and 1405 6th Avenue N. The City Code only allows 2 homes to share 1 driveway. This subdivision does not create or improve this non-conforming situation. The council should discuss if allowing flexibility to allow the existing 3 property to continue to share a driveway off a new cul-de-sac would be supported. The alternative would be to extend the road to the south, across long lake creek. Utilities: The property is in the Metropolitan Urban Service Area (MUSA); however, sanitary sewer service is not ‘available’. The applicant proposes establishing septic systems for each lot, shown on the sketch plan. Water will be furnished by individual wells. Natural Environment. City Code requires conservation design for projects either greater than 5 acres, or at densities greater than one unit per 2 acres. A Conservation design plan will be required, unless waived by the City Council. The council may discuss support a waiver of the conservation design requirement in lieu of identifying substantial trees (Oaks, Maple, Basswood, etc. greater than 6’ DBH). 3. Planning Commission Vote and Comment. The Planning Commission reviewed the proposed sketch plan at the February 18, 2020 Meeting. The Commission advised the applicant to explore connecting to a low pressure sewer system per the City Engineer’s comments. The Commission gave a favorable recommendation to the project with the current design of the cul-de-sac driveway configuration and conservation design waiver. 4. Public Comment No public comment was received. During the meeting, the applicant indicated that the project may not go through, and that a portion of the property may be sold to a neighbor. If a new lot is created, a subdivision will be required. It is not uncommon for a subdivision proposal to change between the sketch and the preliminary plat stage. 5. Staff Recommendation. Staff is requests feedback from the Council regarding the project, including the proposed driveway/ cul-de-sac configuration and a waiver to the conservation design requirement. COUNCIL ACTION REQUESTED City Council should provide feedback regarding the project as proposed. Item No.: 17 Date: March 9, 2020 Item Description: LA20-000003 – John Newell, 1485 Sixth Ave N, Sketch Plan Presenter: Laura Oakden Planner Agenda Section: Planning Department Report) Exhibits A. Sketch Plan and Location Maps B. Staff Report Planning Commission C. Draft PC Minutes 2/18/2020 References PC Exhibits A. Application B. Proposed Plan C. Applicants response letter D. County Comments E. Location Map and Aerial Photos 3, 20 0.0© Bolton & Menk, Inc - Web GIS 0 Legend Map Name This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. Disclaimer: 2/13/2020 11:49 AM 2,240 Feet City Limits 40 0.0 © Bolton & Menk, Inc - Web GIS 0 Legend Map Name This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. Disclaimer: 2/13/2020 11:48 AM 280 Feet City Limits Lake Access Points Parcels (2/1/2020) Lakes & Ponds 20 0.0 © Bolton & Menk, Inc - Web GIS 0 Legend Map Name This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. Disclaimer: 2/13/2020 11:51 AM 140 Feet City Limits Parcels (2/1/2020) To: Jon Ressler and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: February 18, 2020 Subject: #LA20-000003, John Newell, 1485 Sixth Ave N, Sketch Plan Background The property is located in the LR-1A, 2 acre, zoning district and currently contains one house located on the south side. According to the survey, the property is 26.12 acres with roughly 1.59 acres as Co Rd 6 easement. The existing lot is roughly 1042’ wide along Co Rd 6. The property has a pond located on the west side that is managed though the DNR by the MCWD. The property also includes a segment of Long Lake Creek running through the middle NW to SE which connects this pond to Long Lake. The existing house will be retained on proposed lot 2 of the plat. Proposal The proposed property would be divided into 3 lots. The new proposed private road and cul-de- sac will be places over the existing shared driveway. There is currently a share driveway which serves a home within the project property and 2 other homes. Roads/ Access. The plan shows a cul-de-sac and a road as Outlot A roughly 600 feet in length. Based on the rural nature of this development, and the cul de sac, it is anticipated that the road and cul-da- sac will be private. No paved roadway is shown. It is assumed that the paved roadway will meet city standards of 24 feet in width. The cul de sac will provide access to the new lots, lots 1 and 3. Access onto 6th Avenue N will be restricted. The proposed road follows the existing driveway. The plan proposes a shared driveway off of the cul de sac serving three lots: Lot 2, and 1305 and 1405 6th Avenue N. This subdivision does not create or improve this non-conforming situation. The City Code only allows 2 home to share 1 driveway. Application Summary: The applicant is requesting sketch plan consideration on a proposed 3 lot single family residential development to be served by septic and a new private road. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Planning Commission’s discussion with the applicants to bring to light potential issues for discussion and issues to be addressed prior to submission of a formal Preliminary Plat application. Planning Department Staff requests input on the flexibility requested for allowing a shared driveway which serves 3 existing homes from the new cul-de- sac. FILE #LA 20-000003 February 18, 2020 Page 2 of 4 The Planning Commission should discuss if allowing flexibility to allow the existing 3 property to continue to share a driveway off a new cul-de-sac would be supported. The alternative would be to extend the road to the south, across long lake creek. Parks/ Trails. The plans do not suggest any interior sidewalks or trails through the development. The plans also do not show any proposed parkland dedication. The Comprehensive Plan does not identify the need for additional park land on this property; it is anticipated that park dedication will be satisfied by a cash donation for the 2 new lots. Utilities. The property is in the Metropolitan Urban Service Area (MUSA); the applicant proposes establishing septic systems. While the property is within the MUSA boundary, there is no infrastructure currently in place which will allow this property to connect to the sanitary sewer system. (Sec. 82-224 only requires connection when the system is “reasonable accessible”.) The two new lots have been tested but Olsons Septic Testing and each lot show 2 septic areas shown on the sketch plan. Water will be furnished by individual wells. The City Engineer provided comments recommending the applicant explore installing a low pressure system which would allow them to connect to the municipal sanitary sewer. This would require the applicant to obtain easements across private properties. The roads and all utilities will be installed by the developer. This project will trigger stormwater management rules of the MCWD. Additional improvements including ponding, ditches, and curbing may be required. The applicant has been advised to visit with the watershed district early in the subdivision design process. Lots The property is located within the LR-1A Zoning district. The three new proposed lots must have a minimum of 2 acres in size and 200 feet of defined width. As shown on the sketch plan all 3 lots appears to meet the minimum size requirement, though surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements, and may impact Lot 2. Area (Gross) Width Width @Co. Rd 6 Lot 1 3.49 536’ 565’ Lot 2 17.20 225’ N/A Lot 3 3.04 497 145* • Area for Dry-buildable not identifies at this time. Lot 3 is considered a corner lot with the front yard identified as the shortest distance abutting a road. Staff supports establishing the front yard of lot 3 along the new road, meeting the width requirements. The OHWL elevation for Long Lake (944.3) is not identified on the survey and should be verified.. Because Long Lake Creek feeds into the lake in a close proximity to the project there is a chance the OHWL touches the property. This could possibly create a lakeshore lot along Lot 2 and/or FILE #LA 20-000003 February 18, 2020 Page 3 of 4 Lot 3 changing the standards and setbacks to the proposed lots. Currently the lots are not identified as lakeshore lots. The Planning Commission should provide feedback whether or not some flexibility from identifying the front lot for Lot 3 along the Outlot A will be supported. Natural Environment. For the Preliminary Plat a determination of the floodplain, wetlands, top of bank and bluff for the property will be required. These areas are to be preserved and protected. A wetland delineation will be required and approved by MCWD. Long Lake Creek is a main waterway to the lake. Further analysis of the project with regard to shoreland management may yield additional comments. The applicant has stated there will no grading south of the proposed cul- de-sac where the creek crossing, wetlands, floodplain, steep slopes and woods areas exist. The grading plan, once developed, will need to be further evaluated to ensure that this goal can be met. A Long Lake Creek runs through the property, running from the pond in Lot 2 toward Long Lake. Depending on the identified top of bank all three proposed lots could be affected by the 100’ creek setback. This creek is considered a tributary, and the 100 lake yard applies from the top of bank if the lots are served by septic systems. The watershed districts comments may influence changes to the plan. The applicant is stating no work is being proposed in the wetlands, creek, floodplain and steep slopes. A Wetland Delineation and a NOD from the MCWD will be required. City Code requires conservation design for projects either greater than 5 acres, or at densities greater than one unit per 2 acres. A Conservation design plan will be required, unless waived by the City Council. The Planning Commission should discuss support a waiver of the conservation design requirement in lieu of identifying substantial trees (Oaks, Maple, Basswood, etc. greater than 6’ DBH). Engineer Comments The following are comments given by the City Engineer to be addressed with a preliminary plat. 1. Private Roadway- A maximum of two properties are allowed to share a driveway. The proposed roadway should be extended to a point to allow the homes to the south to access it directly without a shared drive. As currently depicted three houses would share driveway south of the proposed cul-de-sac. 2. Private Roadway- a roadway and cul-de-sac conforming to City standards will need to be constructed in Outlot A. 3. Sanitary- Property is within the MUSA and therefor eligible to connect to city sanitary sewer. Applicant should explore the possibility of constructing a low pressure system to serve the properties included in the sketch plan. The closest connection is to the south and would require easements to cross private property. 4. Any existing easements on the property should be shown. 5. All existing structures on the property should be shown such as the dam and Creek crossing. 6. Extent of the wetlands/ creek flood plain should be depicted FILE #LA 20-000003 February 18, 2020 Page 4 of 4 Hennepin County Comments The City has received comments from Hennepin County included as Exhibit D. Overall the access looks to be adequate pending verification of sight distances. The county will be requesting a 50 foot right-of-way section plus a 10 foot D/U easement during the plat. The county is also requesting the existing gravel driveway on the east side of the lake/pond be removed. Issues for Consideration • The Planning Commission should discuss if allowing flexibility to allow the existing 3 properties to continue to share a driveway off a new cul-de-sac. • The Planning Commission should provide feedback whether or not some flexibility identifying the front lot for Lot 3 along the Outlot A. • The Planning Commission should discuss support a waiver of the conservation design requirement in lieu of identifying substantial trees (Oaks, Maple, Basswood, etc. greater than 6’ DBH). List of Exhibits Exhibit A. Application Exhibit B. Proposed Plan Exhibit C. Applicants response letter Exhibit D. County Comments Exhibit E. Location Map and Aerial Photos AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: 1. Purpose. To consider a sketch plan proposal for a 5 lot single family residential subdivision. 2. Background. This property was the subject of a sketch plan in 2017 (Case # 2017-3932). At that time, the applicant proposed 15 lots to be served by sanitary sewer, requiring a modification of the comprehensive plan to expand the MUSA boundary and change the density. That proposal was not supported by either the Planning Commission or the City Council. The applicant now proposes to subdivide the property at 135 Orono Orchard into five, 2 acre parcels, consistent with the zoning ordinance. Proposed improvements include a new private road serving the lots. All lots would be served by on-site septic systems. The attached Planning Commission report provides further analysis of the proposal. The lots appear to meet the lot area requirements of a non-sewered RR-1B property; Primary comments include: Lot 1 does not meet the lot width requirement, but could with removal of frontage on Orono Orchard Road. Lot 2 does not meet the width requirement, but could with the extension of the private road. Lot 3 shows a problematic buildable area, which could be improved if the existing sanitary sewer easement is relocated to a property line. It does not appear that the easement contains improvements, the applicant is researching this easement. 3. Planning Commission Comment. On February 18, 2020, the Planning Commission reviewed the proposal. The Commissioners were generally not opposed to provision of sanitary service to the area, and generally supported the project layout. 4. Public Comment. The neighbor to the east, at 105 Orono Orchard Road, provided verbal comments related to concerns about noise, lack of screening/ loss of privacy. 5. Staff Recommendation. Staff recommends the Council provide feedback. COUNCIL ACTION REQUESTED City Council should provide feedback regarding the project as proposed. Exhibits A. Sketch Plan B. Staff report to Planning Commission C. PC minutes 2-18-2020 (Draft) D. Building elevations (samples) E. Staff comment letter F. Narrative G. Wetland Boundaries NOW References Case 17-3932 Planning Commission staff report and exhibits 2-18-2020 Item No.: 18 Date: March 9, 2020 Item Description: LA19-000102 – Kevin Clark o/b/o YMCA Greater Twin Cities, 135 Orono Orchard Road Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report EXISTING WETLAND (TO REMAIN) LONG LAKE CREEK O R C H A R D R O A D N LUCE LIN E T R A I L EXISTING WETLAND (TO REMAIN) PROPERTY BOUNDARY PROPERTY BOUNDARY WETLAND LIMITS WETLAND LIMITS PRIVATE D R I V E 16.72 AC 7.84 AC 3.53 AC 8.17 AC 2.19 AC To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: February 18, 2020 Subject: #LA19 -000102, Kevin Clark o/b/o YMCA Greater Twin Cities, 135 Orono Orchard Road, Sketch Plan Background The YMCA of the Greater Twin Cities is owner of a 39.4 acre parcel at 135 Orono Orchard Road. The property is zoned RR-1B, One Family Rural Residential, requiring a minimum lot size of 2.0 dry buildable acres and 200’ lot width. The property has been zoned for 2-acre lots since 1975, and is guided in the Orono Community Management Plan (CMP) for Rural Residential Use (1 unit per 2 acres). The property is improved with a single family home, located on the upland peninsula in the middle of the property. Must of the property is wetlands and steep slopes. Approximately 11 acres of the property is buildable. The YMCA proposed a sketch plan in 2017 (Case 17-3932); that plan proposed expansion of the Metropolitan Urban Service District (MUSA) and development for 15 single family homes, both requiring an amendment to the comprehensive plan. That project was not supported by the Planning Commission or City Council. The current proposal shows 5 single family residential lots on the property, based on the current zoning of RR-1B. The lots would be accessed via private road intersecting with Orono Orchard Road. The proposed road includes a cul de sac and is located within an outlot. The cul de sac length is approximately 700 feet, within the 1000 foot limit in the subdivision code. The cul de sac dimensions are consistent with the city code. Analysis The RR-1B zoning district requires lots to be 2.0 acres of dry buildable (land excluding drainageways, flowage areas, floodplains, wetlands, marshland or slopes of 18 percent or greater), and 200 feet in width. Lot width for non-lakeshore lots is measured parallel Application Summary: The applicant is requesting sketch plan review of a proposed 5 lot single family subdivision. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Planning Commission’s discussion with the applicants to bring to light potential issues to be addressed prior to submission of a formal Preliminary Plat application. FILE #LA19-102 February 18, 2020 Page 2 of 3 to the front lot line, at the building setback line. Lots abutting a lake or tributary (lots 3, 4, and 5) are measured at the OHWL and at the building setback line. Lot 1 is a corner lot, with frontage on both Orono Orchard Road and the new road. The ordinance requires a width measurement at the narrowest frontage, Orono Orchard Road. Gross area Buildable Area (acres) Width (feet) Adjusted width (feet) Lot 1 2.19 2.07 21 200+* *removing OOR frontage Lot 2 8.17 2.3 132 Lot 3 3.53 2.53 200+ Lot abutting tributary Lot 4 7.84 2.01 200+ Lot abutting tributary Lot 5 16.72 2 200+ Lot abutting tributary The applicant’s engineers have provided documentation suggesting that all lots meet the 2.0 acre dry buildable requirements. Buildable area is shown in gray on Exhibit C. Lots. Septic sites have not been verified for the proposed lots. Additional analysis follows: Lot 1. Most of Lot 1 is buildable, though a wetland and its buffer dominates the buildable area. However, the lot appears to include adequate area for a house pad. The width of Lot 1 does not meet the strict requirements written in the ordinance. However, if an outlot is added (for a future entrance monument or similar feature) between lot 1 and Orono Orchard Road, removing this frontage from Lot 1, Lot 1 will meet the requirement. Lot 2. About 30% of lot 2 is buildable, with the balance being a large wetland. There appear to be some steep slopes on the property, limiting building sites. The Planning Commission should discuss whether the buildable area (in gray_ on the sketch plan represents contiguous area. There does appear to be adequate space for home construction. Lot 2 cannot meet the width requirement at the current configuration. Lengthening the road to increase frontage for lot 2 may correct the issue. Lot 3. Lot 3 represents the most challenging lot for future building, given the scale of home anticipated, and the limited building area. The northern edge of the lot is a tributary, Long Lake Creek. An existing sanitary sewer easement runs through the property. Lot 3 also contains a small wetland, in addition to a portion of the larger wetland on the west side of the property. The buildable area for Lot 3 is minimal. Due to the sanitary sewer easement and the tributary setbacks, the house will likely be forced to the south of the easement, where the buildable envelope is approximately 90 feet wide, including the side yard setback of 30 feet. Lot 4. Lot 4 is a large lot, with about 75% in wetland. There appears to be adequate area for a house pad on generally flat ground. FILE #LA19-102 February 18, 2020 Page 3 of 3 Lot 5. Lot 5 is the lot that contains the existing house. The buildable area is located generally within the center of the lot, with steep slopes extending down toward the wetlands that form three sides of the lot. Access to this lot is via a long driveway from the cul de sac. Road. The road follows the existing driveway and appears to meet the requirements of the code for length and cul de sac size. The road does not line up with the road across the street, Long Lake’s Stoneridge Circle. It does not appear that this can be accomplished without impacting the existing home at 105 Orono Orchard Road. Based on the volume of traffic on Orono Orchard Road now and expected in the future, this does not seem to be a concern. Conservation Design. This project, due to the size of the property will trigger a Conservation Design plan. One was not created previously. Fees. Given 4 new lots, subdivision of this property will trigger park dedication and stormwater trunk fees, as follows: Park dedication is $5,550 per new lot, or $22,200 Stormwater Trunk is $8,060 per new lot, or $32,240.00 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission have comments regarding the general lot layout? 2. Does the Commission have concerns with the road intersection? 3. Does the Planning Commission have concern with the buildable area of lot 3? 4. Does the Commission have concerns with the lot width issues identified? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff requests non-binding feedback. List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. Sketch Plan Exhibit D. Plan (Colored) Exhibit E. Elevations Exhibit F. Wetland Boundaries Exhibit G. Staff Comment letter January 30, 2020 Kevin Clark Sambatek VIA EMAIL 12800 Whitewater Drive kclark@sambatek.com Minneapolis, MN 55402-3198 Re: YMCA Property 135 Orono Orchard Road The city has received your submittal of a sketch plan for a proposed development of 135 Orono Orchard Road. This project is scheduled for review at the February 18, 2020 Planning Commission meeting. Based on my initial review, I have the following comments to offer. If you choose to incorporate any changes to your proposal, or add documents for consideration by the Planning Commission, I need those no later than close of business February 10th, 2020. 1. On the document “20658.01-Plan Sketch”, please confirm the areas shown in green. Are these areas with slopes less than 18%? If so, they probably don’t need to be shown/ colored. It would be better to illustrate the buildable areas. (Areas devoid of steep slopes or wetlands/ buffers) 2. The narrative suggests a private road serving the lots. This road will need to be placed in an outlot. The outlot needs to be 50 feet wide, culminating in a cul de sac with a 50 foot radius. (Previously, I misstated the radii minimum as 45 feet.) The paved surface is to be 24 feet wide and the cul de sac pavement is 90 diameter. 3. Documentation will be required for each lot to confirm the location of two septic sites. The existing site for the existing home may be used as a site. The configuration of lot 3 may limit options for two sites. . 4. Each lot must have two contiguous acres of dry buildable land. Due to the steep slopes, and a portion of ‘buildable’ land downhill from the main building site, Lot 5 may not work. 5. It is advised to contact the watershed district as their stormwater management rules will be triggered by the proposed development, and the placement of stormwater facilities may impact lot lines and building placement. 6. Lot width is measured at the building setback line (50 feet back). The entire width does not need to be dry-buildable. 7. Tree removal should be kept to a minimum. A conservation design plan (Section 78-1635 of the City Code) will be required for a plat of this property. It is recommended, but not required, to prepare that plan prior to the sketch plan so that it can influence building site and road routing. An exhibit showing the limits of tree removal would be helpful. 8. The front yard of a corner lot is the side with the shortest frontage, and the front yard setback is measured off this shortest street frontage. For lots 1 and 3, this is Orono Orchard Road. Your proposal with regard to the location of the road off of Orono Orchard Road is appropriate, and staff will support this establishment of the new road as the front for these lots. I mention it now so as not to surprise you when I call it out during the formal review. At this point additional information is not required for submittal, though a revised plan sketch referenced in #1 above might be advantageous for the Commissions understanding of the project. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director BWSR Forms 7-1-10 Page 1 of 3 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Minnehaha Creek Watershed District Address 15320 Minnetonka Blvd Minnetonka, MN 55345 1. PROJECT INFORMATION Applicant Name YMCA of the Greater Twin Cities Project Name 135 Orono Orchard Rd N Date of Application 10/11/2016 (incomplete) 10/18/2016 (complete) Application Number W16-58 Attach site locator map Type of Decision: Wetland Boundary or Type No-Loss Exemption Sequencing Replacement Plan Banking Plan Technical Evaluation Panel Findings and Recommendation (if any): Approve Approve with conditions Deny Summary (or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 12/14/2016 Approved Approved with conditions (include below) Denied BWSR Forms 7-1-10 Page 2 of 3 LGU Findings and Conclusions (attach additional sheets as necessary): For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for Withdrawal (sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: Financial Assurance: For project-specific replacement that is not in-advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). Deed Recording: For project-specific replacement, evidence must be provided to the LGU that the BWSR “Declaration of Restrictions and Covenants” and “Consent to Replacement Wetland” forms have been filed with the county recorder’s office in which the replacement wetland is located. Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner YMCA of the Greater Twin Cities applied for a wetland boundary & type confirmation for the wetlands located at the 135 Orono Orchard Rd N (PID= 3411823440035) in the City of Orono, Hennepin County, Minnesota. Legal description: Section 34, Township 118N, Range 23W. The boundary & type approval was requested October 11th, 2016. A wetland delineation was conducted by Sambatek on September 27th, 2016. A complete delineation report and WCA application were submitted to MCWD on October 18th, 2016. Three wetlands were delineated within the project area. Wetland 1 was identified as a Type 3, Shallow Marsh wetland. Wetland 2 was identified as a Type 1, Seasonally Flooded Basin. Wetland 3 was identified as a Type 1, Seasonally Flooded Basin. One DNR Public Water, Long Lake Creek, is located on the property. MCWD reviewed the boundaries in the field on October 25th, 2016. During the field review, the following changes were made: 1. The boundary of Wetland 1 was revised. 2. An Other Acquatic Resource, Long Lake Creek, was identified (OAR 1). These changes were delineated in the field on October 28th, 2016 and an updated figure reflecting these changes was submittted on December 14th, 2016. MCWD approves the wetland boundaries and types as delineated in the field on October 28th, 2016, the wetland types documented in the delineation report submitted on October 18th, 2016, and the wetland boundaries documented in the updated delineation figure submitted on December 14th, 2016. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Page 3 of 3 and are available from the LGU upon request. Name Rachel Workin Title Permitting Technician Signature Date 12/14/2016 Phone Number and E-mail (952) 641-4518 rworkin@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT . Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal , the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: Appeal of an LGU staff decision. Send petition and $0 fee (if applicable) to: Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 Appeal of LGU governing body decision. Send petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 4. LIST OF ADDRESSEES SWCD TEP member: Tony Brough BWSR TEP member: Ben Meyer LGU TEP member (if different than LGU Contact): DNR TEP Becky Horton; Kate Drewry DNR Regional Office (if different than DNR TEP member): WD or WMO (if applicable): Applicant (notice only) and Landowner (if different): Anita Lancello Bydlon (YMCA) Members of the public who requested notice (notice only): Todd Ullom (Sambatek); Jessica Abernathy (Sambatek); Heidi Quinn (MCWD); Wes Boll (Wenck Associates); Chris Mattson (City of Orono); Melanie Curtis (City of Orono); Mike Gaffron (City of Orono) Corps of Engineers Project Manager (notice only): Melissa Jenny – melissa.m.jenny@usace.army.mil BWSR Wetland Bank Coordinator (wetland bank plan applications only) 5. MAILING INFORMATION For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf BWSR Forms 7-1-10 Page 4 of 3 For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR_TEP_contacts.pdf Department of Natural Resources Regional Offices: NW Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. NE Bemidji, MN 56601 NE Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1201 E. Hwy. 2 Grand Rapids, MN 55744 Central Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1200 Warner Road St. Paul, MN 55106 Southern Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 261 Hwy. 15 South New Ulm, MN 56073 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr_regions.pdf For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: Approved wetland boundaries LongLake LongLake DickeysLake Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors Legend Approxim ate Project BoundaryLocation Map YMCA - Single Family Development 135 Orono Orchard Road NorthOrono, MN 55356 This m ap was created using Sambatek’s GeographicInformation System (GIS), it is a com pilation ofinformation and data from various sources. Thismap is not a surveyed or legally recorded mapand is intended to be used as a reference.Sambatek is not responsible for any in accuraciescontained herein. 0 1,000500 Scale In Feet 5 #0#0 #0#0 #0#0#0#0 ^_ Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMapcontributors Legend Approxim ate Project Boundary ^_Non-wetland Area Other Aquatic ResourceWetland Boundary UpdateWetland Boundary Updated Wetland Boundaries YMCA - Single Family Development 135 Orono Orchard Road NorthOrono, MN 55356 This m ap was created using Sambatek’s GeographicInformation System (GIS), it is a com pilation ofinformation and data from various sources. Thismap is not a surveyed or legally recorded mapand is intended to be used as a reference.Sambatek is not responsible for any in accuraciescontained herein. 0 300150 Scale In Feet 5 Wetland 1 Wetland 2 Wetland3 Sa m p l e Tr a ns e c t(S P 1 -1 ) Sa m p l e Tr a ns ect(S P 1 -2 ) Sa m p l e Tr a ns e c t(S P 2 -1 ) Sa m p l e Tr a ns e c t(S P 3 -1 ) Area BOAR 1 AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: 1. Purpose. To consider a sketch plan proposal for a 4 lot single family residential subdivision. 2. Background. The applicant proposes to subdivide two existing parcels into 4 lots. Two of the lots would be substandard by virtue of lot area, and two lots would be conforming. Lot Analysis Area Required Width Required Conforming? Notes West Side (2474 Carman Street) North of Inlet (LR- 1C-1) 0.93 .5 acre 136' 100' Yes Width is measured only at lake, wetlands may reduce lot area South of Inlet (LR- 1B) 0.66 1 acre 124' 140' No, Lot area and width Width is measured only at lake East Side (2480 Carman Street) North of Inlet (LR- 1C-1) 1.02 .5 acre 121' 100' Yes Width is measured only at lake South of Inlet (LR- 1B) 0.64 1 acre 155' 140' No, Lot area Width is measured only at lake The two proposed lots south of the inlet are currently developed with single family homes. The two proposed lots north of the inlet are undeveloped. Access to these lots would likely come via a shared driveway off of Shoreline Drive. One of the lots contains a wetland, reducing the lot area; extent to be verified. The attached Planning Commission staff report provides further detail on the proposal. The primary question for the Council regards their appetite for waiving the minimum standards for the lots south of the inlet. Due to the land characteristics, the lots south of the inlet could not be conforming unless they were combined. A secondary question is the two proposed lots south of the inlet share a private driveway with a 3rd lot off of Carman, the city ordinances allow two properties to share a driveway. This proposal does not increase nor improve this non-conformity. 3. Planning Commission Vote and Comment. On February 18th, the Planning Commission reviewed the project, and provided feedback. The Planning Commission noted the challenges with creating conforming lots [due to the amount of land available], but did not support a waiver of the lot area requirements. 4. Public Comment. To date, no comments have been received in support or opposition to the request. 5. Staff Recommendation. Staff recommends the City Council provide feedback. COUNCIL ACTION REQUESTED Staff requests feedback. No formal action is requested. Item No.: 19 Date: March 9, 2020 Item Description: LA20-000009 – Don Gamble o/b/o Richard A and Kim A Edwards, 2480 and 2474 Carman Street, Sketch Plan Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: Exhibits A. Plans B. PC Staff report C. PC Minutes - Draft D. Applicants narrative E. Comment Letter dated January 14, 2020. F. Hennepin County Comments References PC Staff Report & Exhibits 2-18-2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: February 18, 2020 Subject: #LA20-09, Don Gamble o/b/o Richard A and Kim A Edwards, 2480 and 2474 Carman Street, Sketch Plan Background The applicant represents the two property owners of 2474 and 2480 Carman Street. 2474 Carman is west of 2480 Carman street, both have street frontage on Shoreline Drive. These lots are long and narrow, and their listed area (per Hennepin County) is 2 and 2.24 acres respectively, including a small inlet harbor type area. The lots are each improved with single family home on the portion of the lot south of the inlet. These homes are accessed via a private driveway off of Carman Street. They are the second and third lots off of this driveway (nonconforming). The portions of the lots north of the inlet are unimproved. It is the applicant’s goal to split the lots to facilitate two new building sites north of the inlet. The portion of the lots north of the inlet are heavily wooded. The west lot includes a wetland. Both lots drop off quickly from Shoreline Drive. There are rumors of debris buried within the property, though the city is not aware of any official findings or soil borings. The property is unique in that the portion of the lot south of the inlet is zoned LR-1B, and the portion north of the inlet is zoned LR-1C-1. The applicable lot areas and width are illustrated in the table below. Proposal The applicant proposes splitting both lots, creating two buildable lots north of the inlet, and two lots south of the inlet. The lots would be required to connect to municipal sanitary sewer. The applicant proposes access to the lot via a curb cut off of Shoreline Drive. The applicant has not provided information relative to the housing style or character. Application Summary: The applicant is requesting informal feedback on the proposed sketch plan for the two existing lots at 2480 and 2474 Carman Street Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Commissions discussion with the applicant to bring to light potential issues to be addressed prior to submission of a formal Preliminary Plat application. Planning Department Staff recommends the Commission provide feedback. FILE # LA20-000009 February 18, 2020 Page 2 of 3 Planning Staff Analysis LOT ANALYSIS WORKSHEET Lot Analysis Area Required Width Required Conforming? Notes West Side (2474 Carman Street) North of Inlet (LR-1C-1) 0.93 .5 acre 136' 100' Yes Width is measured only at lake, wetlands may reduce lot area South of Inlet (LR-1B) 0.66 1 acre 124' 140' No, Lot area and width Width is measured only at lake East Side (2480 Carman Street) North of Inlet (LR-1C-1) 1.02 .5 acre 121' 100' Yes Width is measured only at lake South of Inlet (LR-1B) 0.64 1 acre 155' 140' No, Lot area Width is measured only at lake Due to the configuration of the lots, and the shoreline, the two lots south of the inlet cannot meet the lot area requirements unless they are combined. The Planning Commission and City Council will have to support variances for the lot size (and lot width for 2474 Carman) to create four lots. Engineer Comments The proposal was shared with Hennepin County transportation, as they control Shoreline Drive (County Rd 15) Their comments were: • If the watershed district concludes there to be developable land here, our 1st recommendation would be to pursue an access easement to the east (commercial parcel). With the high crash rates and nearly 20,000 vehicles per day along this segment of Shoreline Dr we need to avoid direct access when we can. If an easement proves not to be a viable option, will need to combine two sites into one shared access. • Access should be between Navarre and the existing remnant curb cut app. 20’ to the east. Most importantly would be ensuring adequate sight distance and maintaining a positive offset for opposing left turns (with EB left turns @ Navarre) as we recently restriped (2019 overlay) this segment into a shared center left-turn lane • Driveway needs to have level landing to allow for optimal sight distance • Need to have site grading avoid need for any retaining walls along Shoreline Dr • If/when replatting we will require right-of-way dedication to match a 45’ half section (33’ half ROW today). • Please submit a drainage report when available. Public Comments To date, no public comments have been received. FILE # LA20-000009 February 18, 2020 Page 3 of 3 Issues for Consideration 1. Does the Planning Commission have any concerns with the layout? 2. In the Planning Commission comfortable with the proposed variances necessary? Planning Staff Recommendation Planning Staff requests feedback. List of Exhibits Exhibit A. Application Summary Exhibit B. Subject Parcels Exhibit C. Sketch Plan (3 pages) Exhibit D. Narrative Exhibit E. Wetland information Exhibit F. Staff comment letter 1-14-2020 January 14, 2020 Don Gamble III VIA EMAIL Bgamble48@gmail.com Re: 2474 and 2480 Carman Street Mr. Gamble, Thank you for submitting plans showing a proposed subdivision of the lots at 2474 and 2480 Carman Street. Your proposal shows 5 lots on the north side of the lagoon. It is assumed that the proposal retains the two houses on the south side of the lagoon as two separate parcels. In subdivisions, all created lots must meet the zoning requirements, or variances must be requested and granted. Please be advised that the City Council does not typically grant variances for subdivisions. Further, any existing non-conformities (driveway configuration) are often expected to be resolved. My comments are intended to provide guidance as you consider your next steps. 1. Zoning. The subject properties are unique, in that they both extend from Shoreline Drive south, over a lagoon, then onto Lake Minnetonka. The portion of each lot north of the lagoon is zoned LR-1C-1, and the portion south of the lagoon is zoned LR-1B. The lot area/ width, and setbacks for each zone are as follows: LR-1C-1 LR-1B Area 0.5 acres 1.0 acres Width 100 140 Lake Setback 75 75 Side Setback 10 10 Rear setback 30 30 Based on the unscaled plans provided, the lot sizes are as follows: You will need to show that each lot has a building site that conforms to these setbacks. The lot areas noted above are assumptions based on the plans received January 13, 2020 and ignore possible wetlands/ slopes, etc. that may reduce the calculable lot area: In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. Dry buildable land is also defined in the city code as land area occurring within the property lines of a parcel or lot, excluding drainage-ways, flowage areas, floodplains, wetlands, marshland or slopes of 18 percent or greater. Your engineer can confirm, but it appears that a substantial portion of 2474 Carman includes wetlands and the southern parcels cannot meet the lot area requirements when water area, floodplains, and wetlands are excluded. Variances will be required. 2. Access/ roads. The road from shoreline providing access to the lots will need to be within a 50 foot wide outlot (for a private road). The paved surface will need to be 24 feet wide. The road will need to terminate in a cul de sac. The County will need to approve the intersection location. I’m sure the County will confirm, but the road should line up with Navarre Avenue on the north side of Shoreline. The remaining parcels (south of the lagoon) do not have frontage on a public or private street. The shared driveway serving 2470, 2474, and 2480 Carman Street will need to be improved to city standards as a private street (50 feet of right of way, and a paved surface of 24 feet). The end of this road will need to include a cul de sac. 3. Utilities. All lots will need to be served by the Sanitary sewer system. Utility trunk lines, if not at the property, will need to be extended to the property at the developers expense. Stormwater management will be necessary for a lot with 7 lots. Area Width Conforming?Notes West Side Lot 1 14000 100 No, Area Width is measured at the narrowest street frontage Lot 2 23746 131 Yes Remainder property 29920 121 No, Width and Area 1 acre, 140 width East Side Lot 1 10000 100 No, Area Width is measured at the narrowest street frontage Lot 2 10000 100 No, Area Lot 3 21300 121 No, Area Remainder Property 33000 160 No, Width and Area 1 acre, 140 width Lot Analysis 4. Conservation Design. This project will require a conservation design plan. The applicable regulations can be found here. The northern sites are heavily wooded, the conservation design plan should identify tree removal boundaries, including the identification of substantial trees. You have the right to apply for a subdivision. It is recommended that you initiate a sketch plan application, where you can receive Planning Commission, and if desired, Council feedback. The next deadline for a sketch plan submittal is Wednesday, January 22nd. Your plans should be to scale, and complete enough to adequately demonstrate your proposal. You will submit your application online, through the city’s application portal. Staff will not support variances that result in the creation of substandard lots. In advance of making a formal sketch plan application, I would visit with the Hennepin County transportation office regarding the access locations off of Shoreline and the Minnehaha Creek Watershed district for stormwater management and erosion control requirements. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements or the subdivision process. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director From:Jason D Gottfried To:Jeremy Barnhart Cc:Robert H. Byers Subject:RE: [External] Subdivisions proposed in Orono Date:Tuesday, January 28, 2020 2:29:50 PM Attachments:image001.png Hello Jeremy, We discussed both items in our plat review committee mtg today (01/28) and offer the following preliminary thoughts for your team’s consideration: CSAH 15 (Carman St Parcels) · If the watershed district concludes there to be developable land here, our 1st recommendation would be to pursue an access easement to the east (commercial parcel). With the high crash rates and nearly 20,000 vehicles per day along this segment of Shoreline Dr we need to avoid direct access when we can. If an easement proves not to be a viable option, will need to combine two sites into one shared access. · Access should be between Navarre and the existing remnant curb cut app. 20’ to the east. Most importantly would be ensuring adequate sight distance and maintaining a positive offset for opposing left turns (with EB left turns @ Navarre) as we recently restriped (2019 overlay) this segment into a shared center left-turn lane · Driveway needs to have level landing to allow for optimal sight distance · Need to have site grading avoid need for any retaining walls along Shoreline Dr · If/when replatting we likely would request right-of-way dedication to match a 45’ half section (33’ half ROW today). · Please submit a drainage report when available CSAH 6 (1485 6th Ave N) Access is okay as is (pending verification of adequate sight distance) When replatting we likely would request a 50’ half right-of-way section (33’ half today) + a 10’ D+U easement For drainage pipe under CSAH 6, that empties into the lake on the west end of the subdivision plat, ensure adequate easement exists or can be dedicated to allow sufficient space for maintenance We request the gravel driveway on the east side of the lake be removed (appears this is no longer needed?) Ensure an access easement covers all three existing parcels served by the driveway Please submit a drainage report when available Thank you Jeremy for bringing these items to our attention early on in the process. Please keep us involved should either item continue to move forward Jason Jason Gottfried Transportation Planner Transportation Planning Office: 612-596-0394 jason.gottfried@hennepin.usHennepin County Public Works1600 Prairie DriveMedina, MN 55340 From: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Sent: Friday, January 24, 2020 8:24 AM To: Jason D Gottfried <Jason.Gottfried@hennepin.us>; Robert H. Byers <Robert.Byers@hennepin.us> Subject: RE: [External] Subdivisions proposed in Orono Thank you. From: Jason D Gottfried [mailto:Jason.Gottfried@hennepin.us] Sent: Friday, January 24, 2020 8:14 AM To: Robert H. Byers <Robert.Byers@hennepin.us>; Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Subject: RE: [External] Subdivisions proposed in Orono Bob and Jeremy, Yes I can. Putting together the agenda now and will contact Jeremy should I need any additional info I will follow up with Jeremy next week with our prelim comments Thanks! Jason Jason Gottfried Transportation PlannerTransportation Planning Office: 612-596-0394 jason.gottfried@hennepin.usHennepin County Public Works1600 Prairie DriveMedina, MN 55340 From: Robert H. Byers <Robert.Byers@hennepin.us> Sent: Friday, January 24, 2020 6:02 AM To: Jason D Gottfried <Jason.Gottfried@hennepin.us> Subject: FW: [External] Subdivisions proposed in Orono Jason: Can you get these items on your Plat Committee agenda for next Tuesday? Thanks! - Bob ___________________________________________________ Bob Byers, P.E.Principal Professional EngineerTransportation Planning Division Office: 612-596-0354robert.byers@hennepin.us | hennepin.us Hennepin County Public Works Facility1600 Prairie DriveMedina, MN 55340-5421 Connect: Facebook | Twitter | YouTube | LinkedIn | Instagram From: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Sent: Thursday, January 23, 2020 9:08 AM To: Robert H. Byers <Robert.Byers@hennepin.us> Cc: Laura Oakden <loakden@ci.orono.mn.us>; Adam Edwards <aedwards@ci.orono.mn.us> Subject: [External] Subdivisions proposed in Orono Bob, The City of Orono has received two sketch plan proposals for properties with frontage on Hennepin County Roads. The first is a proposed subdivision of 2474 and 2480 Carman Street, the applicant would split each of these lots, essentially creating two buildable lots with frontage and access off of Shoreline Dr. (See attachment Subject Parcels). Does the County have any recommendation relative to access location, type (shared driveway, etc.)? The second is a proposed subdivision at 1485 Sixth Avenue (see Newell Sketch Plan, attached), where the applicants proposed to split the large 24 acre parcel into three, with two lots fronting on 6th Avenue N. The proposed private road would be located over an existing driveway. The plans suggest access off of this new private road. We would appreciate any comments the County can offer prior to February 3rd. Please feel free to give me a call if you have any questions. Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 ***CAUTION: This email was sent from outside of Hennepin County. Unless you recognize the sender and know the content, do not click links or open attachments.*** Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. AGENDA ITEM Prepared By: J. Barnhart Reviewed By: Approved By: 1. Purpose. To adopt changes to the fee schedule. 2. Background. In December, while adopting the 2020 Fee schedule, the City Council noted a number of fees that should be removed, including the Dock Permit fee*, Marina License fee, and Joint Use Dock License fee. Additionally, through the development of the Dock Licensing Ordinance, and changes to the Special Event process, further changes to the fee schedule were identified. Exhibit A is the ordinance repealing the original 2020 fee schedule and adopting the revisions. Exhibit B is an excerpt of the larger ordinance and highlights the changes proposed. The changes include removal of the marina license fees, the joint use dock fees, adding a dock license fee ($325 per year), changing the special event fees, and adding penalties for violation. *In December, the Council suggested removing the dock permit fee of $50.00. After further review, staff proposes to keep this fee, but provide a notation that it is only required for initial Joint Use dock permits. This reiterates the need for an initial review of these features, which carry specific review standards. 3. Staff Recommendation. Staff recommends the Council adopt the ordinance. COUNCIL ACTION REQUESTED City Council should adopt the ordinance as drafted. Exhibits A. Draft Fee Schedule - Ordinance B. Draft Fee schedule excerpt References Land Use Applications: LA19-97 Dock Licensing LA19-63 Special Events LA19-103 Permitting and Licensing Item No.: 20 Date: March 9, 2020 Item Description: Fee Schedule Revision Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report 1 ORDINANCE NO. ____, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE ADOPTING THE 2020 FEE SCHEDULE AND AN ORDINANCE REPEALING ORDINANCE NO. 235, THIRD SERIES THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Ordinances Repealed. Ordinance No. 235, Third Series, entitled 2020 Fee Schedule is hereby repealed. SECTION 2. The City Council of Orono per Section 2-171 of the Municipal Code hereby ordains the fees attached as Exhibits A-G effective during the calendar year 2020: SECTION 3. EFFECTIVE DATE: This ordinance establishing the 2020 Fee Schedule shall be published as a Summary Ordinance and shall be effective on March 10, 2020 and publication. ADOPTED this 9th day of March, 2020 on a vote of ___ ayes and ___ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2020. A. Bu i l l d i n g , Pl a n n i n g , an d Zo n i n g B. Li c e n s e Fe e s an d Mi s c e l l a n e o u s Ch a r g e s C. Ut i l i t y Ra t e s an d Fe e s D . Ad m i n i s t r a t i v e Of f e n s e s E . Pa r k Fe e s F . Po l i c e Ad m i n i s t r a t i o n G . Documents and Services Zo n i n g Ap p l i c a t i o n s Co m m e r c i a l Ma r i n a Sa n i t a r y Se w e r an d Mu n i c i p a l Wa t e r Co n n e c t i o n Tr a f f i c / Ve h i c l e Go l f Co u r s e Do g s at La r g e Zoning Documents Zo n i n g Pe r m i t s Jo i n t Us e Do c k Se w e r Pr o j e c t s Sn o w m o b i l e Vi o l a t i o n s Lu r t o n Pa r k An i m a l s at La r g e General Administrative Documents Bu i l d i n g Co d e Ad m i n i s t r a t i o n Re n t a l Li c e n s e Wa t e r Co n n e c t i o n s An i m a l s Su m m i t Be a c h La r g e As s e m b l e Pe r m i t Bu i l d i n g Pe r m i t s Ga r b a g e Ha u l e r Wa t e r Me t e r an d Ho r n Pu b l i c Nu i s a n c e s Be d e r w o o d & Ha c k b e r r y Sp o r t Fi e l d s Fi r e w o r k s Co n t r a c t u a l In s p e c t i o n s Ho m e Oc c u p a t i o n Se w e r an d Wa t e r Un i t Ad j u s t m e n t Ch a r g e s Op e n Bu r n i n g Fi r e a r m s Fi r e Te m p o r a r y Tr a i l e r s an d Bu i l d i n g s Ut i l i t y Se r v i c e Fe e s No i s e Tr a p p i n g Pa r k De d i c a t i o n Ke n n e l Li c e n s e s Mu n i c i p a l Wa t e r Ra t e s Pa r k Vi o l a t i o n s Sp e c i a l Ev e n t s St o r m Wa t e r Tr u n k Be e r , Wi n e , an d Li q u o r St o r m w a t e r Ut i l i t y Ra t e s Si g n Vi o l a t i o n s Fa l s e Al a r m Am u s e m e n t De v i c e s Re c y c l i n g Ch a r g e Ju v e n i l e Vi o l a t i o n s Fi n g e r p r i n t i n g Pu b l i c Da n c e Su m p Pu m p Su r c h a r g e Se a s o n a l Ov e r w e i g h t Ve h i c l e s Po l i c e Sp e c i a l Se r v i c e s Ge n e r a l Ad m i n i s t r a t i v e Li c e n s e s / F i n e s PW su p p l i e s an d se r v i c e Pa r k i n g Co p y Se r v i c e Mi s c e l l a n e o u s Ch a r g e s Mi s c e l l a n e o u s Ph o t o s No Pa r k i n g Si g n s St a t e m e n t s Fi r e ar m st o r a g e Ta b l e of Co n t e n t s 20 2 0 Or o n o Fe e Sc h e d u l e Application Adjusted Fee Escrow Notes Variance $275.00 $700.00 + Consultant fees 1st Extension $50.00 Staff approved 2nd and subsequent $50.00 City Council meeting Conditional Use Permit $275.00 $700.00 + Consultant fees CUP amendment $275.00 $700.00 1st Extension $50.00 Staff approved Interim Use Permit $275.00 $700.00 + Consultant fees Site Plan Review $275.00 $700.00 + Consultant fees Zoning Amendments including map amendments $275.00 $700.00 + Consultant fees Concept Review $275.00 Comprehensive Plan Amendment $275.00 $700.00 + Consultant fees Subdivision Subdivision: Sketch Plan $275.00 Subdivision: Class I and II $275.00 $1,000.00 + Consultant fees Subdivision: Class III Prel Plat $500.00 $5,000.00 + Consultant fees Subdivision: Final Plat $500.00 $2,500.00 + Consultant fees Subdivision: Preliminary plat extension $275.00 Subdivision Exception $50.00 n/a + Consultant fees if Applicable Vacations Vacations: Road $275.00 $700.00 Vacation: Easement not associated with subdivisions $275.00 $700.00 Vacation: Easements associated with a subdivision $0.00 Easement Creation (see Class I Subdivision)$700.00 Appeal of Administrative Decision $150.00 $700.00 Stairway to Lake $50.00 Structures not requiring a building permit $50.00 Plus Engineering Costs Encroachment Permit/ Agreement $150.00 Tree removal in shore setback $0.00 Signs (Alteration of cabinent or raceway)$50.00 Vehicle Storage $50.00 78‐1577 (C) Land Alteration $50.00 $1,000.00 May also require a CUP Dock $50.00 1st time dock installation Tent/ Canopy Permits $50.00 *City Administrator may require an erosion control escrow for projects disturbing soils. $1,000.00 Variable depending on project scope, but not to exceed Zoning confirmation letter $50.00 Request for zoning confirmation letter Address Change Request by Owner $50.00 Exhibit A Buillding, Planning, and Zoning All fees, unless otherwise noted, are application fees and are non‐refundable after staff work has begun on the application. All after the fact applications are double fees. All applicants are responsible for actual costs incurred by the City by its' consultants in the review of the application. BUILDING CODE ADMINISTRATION: ZONING PERMIT: ZONING APPLICATIONS: PLANNING, BUILDING, ZONING Application Adjusted Fee Escrow Notes Building Permits Based on Value Table Plan Review Fee 65% of Building Permit Fee Minimum Fee $26.25 Sign structure Based on Value Table Entrance monuments Based on Value Table Temporary Certificate of Occupancy Escrow 3% of project value, not to exceed $10,000 City Administrator may require an erosion control escrow for projects disturbing soils.$1,000.00 Total Valuation $1.00 to $500 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up State Surcharge as required by State Demolition: Principal structure $100.00 $1,000.00 Demolition: Accessory structure $50.00 Retaining walls Based on Value Table $1,000.00 May require City Council approval (Variance or CUP) Plumbing 1.25% of project n/a Backflow registration $10.00 Plumbing minimum $26.25 Mechanical (All Types)1.25% of project n/a Mechanical Minimum $26.25 Tent/ Canopy $50.00 Municipal Connection permit n/a Sewer $50.00 SAC (Sewer Availability Charge) (MCES)$2,485.00 Fee $26.25 $26.25 for the first $500.00 plus $3.41 for each additional $100.00, or fraction thereof, to and including $2,000.00 Valuation based on ICC 2012 Building Valuation tables $6,254.92 for the first $1,000,000.00 plus $4.20 for each additional $1,000.00, or fraction thereof $77.40 for the first $2,000.00 plus $15.49 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $433.67 for the first $25,000.00 plus $11.29 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $715.92 for the first $50,000.00 plus $7.88 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $1109.92 for the first $100,000.00 plus $6.30 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,629.92 for the first $500,000.00 plus $5.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 Application Adjusted Fee Escrow Notes Water $50.00 Horn Quote Basis Septic Residential System Permit, Repair $100.00 Residential System Permit, New/ replace $460.00 $1,000.00 Non‐Residential System Permit $260.00 Subdivision site evaluation review $60.00 Per lot Inspection surcharge for RS zones (Big Island and Deering island) $30.00 plus cost of boat rental if transportation not provided. Reinspection fee $30.00 plus $60/ hour after 1st hour Site inspection without permit $30.00 Annual Septic Fee $45.00/per year, plus applicable late fee plus 8% interest for unpaid charges Septic Late Fee $10.00 Contractural Inspection Service Monthly Retainer Fee $30/ month (Includes clerical time) Inspection Charge $30.00 per inspection Plan Review Charge Per 2008 Building Permit Fee Based on Valuation Clerical Fee (Only charged if clerical use is excessive)$20.00 per hour Fire Protection inspection Actual Cost Per 2012 Building Permit Fee Based on Valuation Fire Plan review fee 65% of permit fee Burning permits No Charge Reinspection $20.00 FIRE All fire suppression and alarm permits are based on value, and include a plan review fee and are subject to the state surcharge. Application Adjusted Fee Escrow Notes Res. 4738 (12‐10‐01) Res. 4739 (12‐10‐01) Per new lot, or new structure on previously vacant lot Per buildable acre $16,150.00 $8,060.00 $5,250.00 $3,025.00 $7,275.00 $8,490.00 $9,690.00 The City Council has established by resolution a minimum residential park fee of $3,250 per dwelling unit and a maximum of $5,550 per dwelling unit. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be that would otherwise have been conveyed or dedicated. The City shall account for such funds inequivalent to the fair market value of the equivalent undeveloped land a special fund named Park Dedication Funds. The City Council has established by resolution a minimum commercial/industrial park fee of $8,125 per acre and a maximum of $13,875 per acre. STORMWATER AND DRAINAGE TRUNK FEES Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the land use and acreage of the property being developed. An equivalency factor multiplier is assigned to each land use type, with a 2‐acre residential lot considered as the standard in the City with an equivalency factor of 1.0. The table below lists the storm water trunk fees per acre for the various zoning districts and land uses in the City. NEW DEVELOPMENT LAND USE Single Family Residential 5 Acre Zone Stormwater and Drainage Trunk fees as established by Subdivision IV, Section 14‐283 of the City Code. Single Family Residential 2 Acre Zone ‐ all wetland acreage up to the delineation line ‐ acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the development site. ‐ acreage of conservation easements resulting from Conservation Design process Multi‐family and High‐Density Single Family Developments. Trunk fee shall be charged on a per‐acre basis, except that the following acreages will not be subject to the trunk fee: Single Family Residential 1 Acre Zone Single Family Residential 1/2 Acre Zone Multi Family Residential 4 Units/Acre or Less Multi Family Residential Greater than 4 Units/Acre Commercial or Industrial PARK DEDICATION Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) Dedicated requirement of 8% of the land being platted or subdivided. Land Dedication Minimum Area ‐ Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. (2) Commercial/Industrial Zoned Land. Fee COMMERCIAL MARINA LICENSE Initial Application Fee $300.00 Renewal Application & Inspection Fee $200.00 Late fee $100.00 DOCK LICENSE $325.00 per year JOINT USE DOCK LICENSE Initial Application Fee $50.00 Renewal Application Fee $20.00 Plus each slip $2.00 Late Fee $25.00 CANOE RACK RENTAL $40.00 Per Slip RENTAL LICENSE License Fee $100.00 2 year term GARBAGE HAULER LICENSE Flat Rate $75.00 Ch. 54, Article III Per Hauler $15.00 Per Truck Transfer Fee $30.00 HOME OCCUPATION LICENSE (Level 2)$100.00 Initial Review Fee Sec. 26‐76 $30.00 Annual Review Fee $30.00 KENNEL LICENSES Sec. 62‐161 thru 62‐185 Commercial Application & Inspection Fee (Annual) $150.00 Residential Application & Inspection Fee (Annual)$50.00 BEER, WINE & LIQUOR LICENSES Initial Investigation $500.00 Per License Ch. 34, Article II On‐Sale & Off‐Sale Intoxicating Liquor Licenses Ch. 34, Article II Ch. 34, Article II In state investigation Out state investigation Actual cost Off‐Sale Liquor License $150.00 Sec. 34‐66 On‐Sale Liquor License $5,000.00 Sec. 34‐66 On‐Sale Wine License $2,000.00 Sec. 34‐77 3.2 % Malt Liquor Off‐Sale (Annual) $50.00 Sec. 34‐66 3.2 % Malt Liquor On‐Sale (Annual) $100.00 Sec. 34‐66 Setup (Annual) $100.00 Sec. 34‐126; 34‐143 Club Liquor License Sec. 34‐66 (weekday) $200.00 Sec. 34‐66 (Sunday) $200.00 Sec. 34‐66 On‐Sale & Off Sale 3.2% Malt Liquor/Wine Licenses Type Exhibit B Licenses and Miscellaneous Charges TEMPORARY TRAILERS & BUILDINGS License Fees for new licenses may be prorated; after 75% of the license period has elapsed, the fee is reduced by 50%. Actual cost up to $10,000 Temporary Set‐up Permit (1‐4 days) $25.00 Each Sec. 34‐42 Temporary On Sale 3.2% Malt Liquor (1‐7 days) $25.00 Each Sec. 34‐82 Temporary Off‐Sale Wine License (wine auction) $25.00 Each Sec. 34‐42 Temporary On‐Sale Wine License (1‐4 days) $25.00 Each Sec. 34‐42 Temporary On‐Sale Liquor License (1‐4 days) $25.00 Each Sec. 34‐42 1st Violation $500.00 Sec. 34‐41 2nd Violation $1,000.00 & 3‐day license suspension 3rd Violation $2,000.00 & 2‐week license suspension 4th Violation License revocation AMUSEMENT DEVICE LICENSES Sec. 38‐601 thru 38‐603 Per Establishment (Annual) $100.00 + Machine fee Per Machine Fee $25.00 Each PUBLIC DANCE LICENSE Annual License $100.00 Individual License $10.00 Gambling & Raffle Investigation $10.00 Ch. 38, Article II Massage Therapy License $100.00 Ch. 31, Article II Background Investigation $150.00 Annual Renewal $100.00 Solicitor/Transient Merchant/Peddler License $100.00 + Actual costs up to $1,500.00 Ch. 30 Tobacco Licenses $125.00 Ch. 50, Article II 1st Offense $150.00 2nd Offense $400.00 3rd Offense & Over $500.00 Penalty for Use of Tobacco Where Prohibited $100.00 Sec. 51‐5 MISCELLANEOUS FEES Convenience Fee ‐ Credit Card Transactions 2.75% Returned Check $30.00 Licensee or Employee Violations within 24 month period GENERAL ADMINISTRATIVE LICENSES/FINES Liquor Violations (3 years immediately prior to date of most current violation) Sec. 38‐501 thru 38‐506 Sewer $50.00 SAC (Sewer Availability Charge) (MCES)$2,485.00 Water $50.00 Horn Quote Basis Connection inspection (Water or Sewer) $100.00 Disconnection inspection (Water or Sewer)$100.00 Connection to existing City Sewer System: $5,380.00 Fee 2004 North Long Lake East Extension $16,495.00 2004 West Farm/Homestead $9,900.00 2005‐1 Webber Hills/S Brown Rd Ext $14,990.00 2005‐1 Dickey Lake Dr N $19,125.00 2006‐1 Jamestown Road $15,930.00 2007 Farview Lane Sewer $12,025.00 2010 North Farm Road $20,020.00 2014 Green Trees $21,830.00 2015 Green Trees Extension $20,890.00 Connection to Sewer System in adjacent city Fee Connection to Long Lake Sewer System $1,900.00 or per current Long Lake Fee Schedule Connection to Wayzata Sewer System $1,000 or per current Wayzata Fee Schedule Connection to existing City Water Main $4,370 per unit *or 20% over adjacent city's fee schedule, whichever is greater of Connection to Wayzata Water System $2,351.00 or per current Wayzata Fee Schedule ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES Exhibit C Utility Rates and Fees Connection fees have been determined as a way to provide a fair and equitable recovery of the costs associated with providing water and wastewater utility services to new customers to avoid placing these costs on existing customers. The connection fee includes those portions of existing assets that will benefit new customers together with any anticipated future capital improvements constructed for the purpose of providing utility services to new customers. The connection charge applies to those properties not previously assessed for the associated utility project. Connection to City Sewer in areas still within their assessment window (less than 15 years since project was assessed) shall pay an amount equivalent to the assessment amount plus interest that residences were charged at the time of the project: Current Fee per Adjacent City $1,900.00 or per current Long Lake Fee Schedule MUNICIPAL CONNECTION PERMIT SEWER PROJECTS WATER CONNECTIONS Fee Connection to Long Lake Water System 5/8" (3/4"x7‐1/2") meter with horn including sales tax Actual Cost 3/4" (3/4"x9") meter with horn including sales tax Actual Cost 1" meter with horn including sales tax Actual Cost Larger meter Actual Cost CHARGES CREDIT UNIT CHARGE Municipal Sewer Rate By Unit: 1st $188.16/per quarter 2nd $166.32/per quarter By flow: $6.96/1000 gallon plus $18.00/per quarter/per SAC unit Long Lake Service Minimum Charge (10,000 Gallons or Less Water Usage) $188.16/per quarter Over 10,000 Gallons Water Usage, per 1,000 Gallons $6.96/1000 gallon Wayzata Service Metered Service Minimum Charge (10,000 Gallons or Less Water Usage) $188.16/per quarter Over 10,000 Gallons Water Usage, per 1,000 Gallons $6.96/1000 gallon Unmetered Service Per Property $188.16/per quarter Residential Billing & Ready to Serve Charge $50.00/qtr WATER METER AND HORN SEWER AND WATER UNIT ADJUSTMENT CHARGES UTILITY SERVICE FEES MUNICIPAL WATER RATES Some Properties on Mytlewood and Old Long Lake Road are not connected to water. Wayzata bills Orono based on a quarterly usage of 25,000 gallons. Charge is based on the metered rates and 25,000 gallons. Charges shall result from either an intensification of an existing non‐residential use or a new non‐residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer and water. Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use. Unconnected Property Charge $50.00/qtr Water Usage Rate Navarre Area (Area #1) and Hwy 12 (Area #2) Tier 1 (0‐10,000 gal) $7.07/1000 gal Tier 2 (11‐25,000 gal) $9.90/1000 gal Tier 3 (>25,000 gal) $14.85/1000 gal Chevy Chase Area (Area #3) Tier 1 (0‐15,000 gal) $7.07/1000 gal Tier 2 (15‐25,000 gal) $9.90/1000 gal Tier 3 (>25,000 gal) $14.85/1000 gal Long Lake Area (Area #4) Tier 1 (0‐8,000 gal) $7.07/1000 gal Tier 2 (8‐22,000 gal) $9.90/1000 gal Tier 3 (>22,000 gal) $14.85/1000 gal Multi‐Family Billing & Ready to Serve Charge per SAC Unit $50.00/qtr Unconnected Property Charge $50.00/qtr Water Usage Rate Tier 1 (0‐25,000 gal) $7.07/1000 gal Tier 2 (25‐100,000 gal) $9.90/1000 gal Tier 3 (>100,000 gal) $14.85/1000 gal Commercial Billing & Ready to Serve Charge per SAC Unit $50.00/qtr Unconnected Property Charge $50.00/qtr Water Usage Rate Tier 1 (0‐25,000 gal) $7.07/1000 gal Tier 2 (25‐100,000 gal) $9.90/1000 gal Tier 3 (>100,000 gal) $14.85/1000 gal Federally Mandated Safe Drinking Water Testing Program (Charged per service connection) Quarterly Service Charge for Non‐Functioning or Inaccessible Water Meter $100.00 Bulk sale to Minnetonka Beach for Lafayette Ridge Area Water Usage Rate $7.07/1000 gal Billing $50.00 Bulk sale ‐ All Others Processing Fee (Per Monthly Billing Cycle) $25.00 Plus Water Usage Rate $7.07/1000 gal i.e. Fill swimming pool or watering sod. Penalty for late payment of sewer/water bills ‐ 8% after 30 days from billing date (applied to the total unpaid $9.72/year on second quarter billing Assessment Charge for Unpaid Accounts Certified $25.00 County Fee for Unpaid Accounts Certified $2.50 Water Turn‐On $50.00 Water Turn‐off $50.00 Water System Repair/Replacement if damage caused by property owner: Labor ‐ Current Hourly Rate Parts ‐ At Cost One residential unit: $46.25/per quarter Non‐residential unit: Based on “Residential Equivalent Factor” $64.00/year Recycling Cart from Waste Management No Charge $100.00 per month Right of Way Permit $50.00/permit Right of Way Escrow (for other than Public Utility) $1,500 New Street Intersections (See zoning section ‐ Special improvement fees) On‐Call Service to Other Cities Base On‐Call Fee $61.60/day Call‐Out Fee Actual wage and equipment rates Water Meter Sales (See Building Permit Section) Wetland Buffer Signs $8.00 RECYCLING CHARGE SUMP PUMP SURCHARGE PUBLIC WORKS SUPPLIES & SERVICES balance). Interest at 8% on unpaid water/sewer bills certified. STORM WATER UTILITY RATES The basic intent of storm water regulations is to minimize the impact of development on natural drainage Fee Applicable Code or MN State Statute (MSS) Number Unsafe Operation 66‐259 Unreasonable Acceleration $60.00 66‐258 Exhibition Driving $60.00 66‐7 Failure to Obey Traffic Control $60.00 169.06 MSS Expired Registration $60.00 169.79 MSS Unsafe Equipment $60.00 169.47 MSS Loud Exhaust $60.00 169.69 MSS No Driver License in Possession $60.00 171.08 MSS Failure to Change Address on DL $60.00 171.11 MSS Driving to Avoid Traffic Signal $60.00 66‐5 Operation $60.00 66‐159 Equipment $60.00 66‐160 Hours of Operation $60.00 66‐159 $60.00 Dog at Large $60.00 62‐104 Animal License Required $60.00 62‐131 Feces Clean Up $60.00 22‐95 & 22‐114 Barking Dog $60.00 62‐10 $60.00 Public Nuisance/General Prohibition $60.00 70‐4 Peace and Safety Violation $60.00 70‐166 Discharge of Firearm $60.00 70‐97 No Permit $60.00 58‐186 Negligent Burning $60.00 58‐193 No Open Burning $60.00 58‐193 Loud Noise Prohibited $60.00 58‐120 Hours of Operation $60.00 22‐89 Operating a Motor Vehicle within Park $60.00 22‐92 No Permit $60.00 22‐102 Feces Clean Up $60.00 22‐95, 22‐102 & 22‐114 $60.00 Violation of General Provisions $60.00 18‐4 Sign Impoundment Fee $25.00 78‐1473 $60.00 Curfew $60.00 70‐274 Possession of Tobacco $60.00 609.685 Sub 3 MSS 1,000‐9,999 lbs overweight .15 cents per lb over 169.824 Sub 1 MSS General $25.00 66‐78 Seasonal 0200‐0600 on $25.00 66‐80 Street Prohibited Handicapped $60.00 66‐85 Fire Lane $25.00 46‐85 Watering Restrictions $60.00 610.50 Sub 15 MSS Placing Snow on Street $25.00 18‐5 SPECIAL EVENT VIOLATIONS 1st Violation 250.00$ 2nd Violation 500.00$ 3rd Violation 1,000.00$ SEASONAL OVERWEIGHT VEHICLES PARKING MISCELLANEOUS ADMINISTRATIVE OFFENSES (POLICE ADMINISTERED) PUBLIC NUISANCES OPEN BURNING NOISE PARK VIOLATIONS SIGNS VIOLATIONS Exhibit D Administrative Offenses TRAFFIC/VEHICLE OFFENSES SNOWMOBILE VIOLATIONS ANIMALS JUVENILE GOLF COURSE FEES ‐ Effective Date: 2020 Season MONDAY THRU SUNDAY RATES Individual (Regular)$19.00 Juniors (12 ‐18 years old)$12.00 Seniors (60 years or older)$16.00 Second Round $10.00 Children under 12 golf free with an adult SEASON PASS RATES (Unlimited Play)Base Resident Individual Season Pass $550.00 $435.00 Junior Season Pass (12 ‐ 18 years old)$300.00 $260.00 Senior Season Pass (60 years or older)$450.00 $330.00 Family Season Pass $590.00 $500.00 (Entire Family*) GOLF CART RENTAL RATES Motorized Cart Rental/Per Round $19.00 Pull Carts/Per Round $3.00 Golf Clubs/Per Round $3.00 FALL RATES (Begins 1st Monday of October) $13.00 $5.00 $9.00 $9.00 CONCESSION RATES As Posted Resident $25.00 Non‐Resident $40.00 Passes will go on sale for the following year on Nov 1st. Passes to be prorated at 50% on August 1st. SUMMIT BEACH CANOE RACK RENTAL $40.00/slip BEDERWOOD & HACKBERRY SPORT FIELDS PARK FACILITY USE PERMIT Resident (Individual, business or group) $15.00 Non‐Resident (Individual, business or group)$25.00 Exhibit E Park Fees * Family meaning: Immediate family living in the same household. Children must be 18 years old or younger. LURTON PARK PASSES 1st Nine Holes Fall 2nd Nine Holes Fall Junior Fall (18 years or younger) Senior Fall (60 years or older) Sec. 62‐104 1st Offense $60.00 2nd Offense $80.00 3rd Offense $100.00 After Hours, Weekend & Holiday Release Charge $75.00 Ch. 62, Article I 1st Offense $55.00 2nd Offense $65.00 3rd Offense $75.00 Trace & Catch Animal $35.00 Per Hour Trailer Charge $55.00 Actual Cost $200.00 + $60.00 each additional day; actual costs up to $1,500 Sec. 38‐801 thru 38‐803 Sec. 70‐99 Display of Fireworks/Pyrotechnic Special Effects $150.00 Sale and/or Storage of Consumer Fireworks $100.00 Ch. 70, Article III Pest Control (limited use) $25.00 Game Animals (limited use) $25.00 Annual (Club Only) $25.00 $20.00 Sec. 70‐71 $100.00 Under 300 people Ch. 66, Article VI Special Events involving fireworks $250.00 (Includes Parades, Noise Exemption, Use of Public Property) $200.00 If Over 300 people; actual costs up to $1,500 Fee is doubled if application is not received 10 business days prior to event Ch. 42, Article III 1st false alarm/per calendar year No Charge Exhibit F Police Administration DOGS AT LARGE ‐ RELEASE FEE CARE OF IMPOUNDED ANIMAL LARGE ASSEMBLY LICENSE (over 300 people) FIREWORKS PERMIT ANIMALS AT LARGE (Other than dogs) ‐ RELEASE FEE + 0.31/Mile (Total Distance) FIREARMS DISCHARGE PERMIT LIMITED TRAPPING PERMIT SPECIAL EVENTS PERMIT FALSE POLICE ALARM USER FEES 2nd false alarm/per calendar year $50.00 3rd false alarm/per calendar year $100.00 4th false alarm/per calendar year $150.00 5th and over false alarm/per calendar year $250.00 Ch. 42, Article III 1st false alarm/calendar year No Charge 2nd false alarm/calendar year $75.00 3rd false alarm/calendar year $250.00 4th false alarm/calendar year $350.00 5th & over false alarm/calendar year $500.00 Each Call $25.00 Per Application Officer 119 Rate $120.00 Per Hour Police Reserve Officers $30.00 Per Hour First Two Copies $0.25 Per Page Additional Copies $0.25 Each More than 100 pages (actual costs) PHOTOS $10.00 On CD Paper signs (no lath included)$1.00 STATEMENTS $10.00 $50.00 For CD & (transcribed copy or CD when available; subject to Data Privacy Act ‐ will be charged an actual hourly fee) Per Gun (Police Policy 3056)FIREARM STORAGE FEES POLICE SPECIAL SERVICES (3 Hours Minimum) FINGERPRINTING SERVICE FALSE FIRE ALARM USER FEES SIGNS: "NO PARKING ORDER OF POLICE" COPY SERVICE ‐ Police Records NON‐RESIDENTS ONLY (Residents No Charge) 2010‐2030 Comprehensive Plan $75.00 Municipal Code Book ‐ complete (Ch. 1‐94 w/revisions) Municipal Code Book ‐ Portions Ch 78 only (Zoning Code) w/revisions Ch 82 only (Subdiv. Code) w/revisions Other Individual Chapters Binder $5.00 GIS and City Maps 8 1/2 x 11 11x17 17x22 22x34 Black & white $0.25 $1.00 $2.00 $4.00 Color $2.00 $4.00 $8.00 $16.00 City Street Number Maps $0.25 $2.00 $5.00 Building & Planning Publications Listing Information $10.00 Assessment Search ‐ Written (Verbal searches not given) Fax Charge Copy Service (for public City records only) $ .25 Each 11" x 17" copies $ 1.00 Each Individual copies of Ordinance Sections (1 copy) No Charge Building Plan Copies Labels from Utility Billing System Electronic Labels Information Provided on CD Information Provided on DVD Shipping/ Handling mailing of requested information Professional Time Clerical Time Legal/Engineering Consultants Mileage/Copies/Postage/Etc. Returned Check Charge $30.00 $ 30.00 Per Hour Actual Billed Cost Actual Cost $ 10.00 Per CD $ 20.00 Per DVD $ 3.00 + cost of information (DVD, pages, etc.) Surcharge for Staff Expense in Excess of Regular Fees $ 50.00 Per Hour Reprint of Oversized Documents that have been microfilmed Cost of Copying, Messenger Service & Min. Clerical Fee of $5.00 (Entire amount to be paid upon request) $ .05 Per Label (Approximately $150.00) $10.00 Per sheet , 30 Labels max per sheet Ex G Documents and Services Cost of copying service, ZONING DEPARTMENT DOCUMENTS $60.00 With Binder As Posted ‐ Prices subject to Change $25.00 loose $15.00 loose $ .25 Per Page GENERAL ADMINISTRATIVE DOCUMENTS $20.00 Per Parcel No charge up to 6 pages; $.25 Each Additional Application Adjusted Fee Escrow Notes Variance $275.00 $700.00 + Consultant fees 1st Extension $50.00 Staff approved 2nd and subsequent $50.00 City Council meeting Conditional Use Permit $275.00 $700.00 + Consultant fees CUP amendment $275.00 $700.00 1st Extension $50.00 Staff approved Interim Use Permit $275.00 $700.00 + Consultant fees Site Plan Review $275.00 $700.00 + Consultant fees Zoning Amendments including map amendments $275.00 $700.00 + Consultant fees Concept Review $275.00 Comprehensive Plan Amendment $275.00 $700.00 + Consultant fees Subdivision Subdivision: Sketch Plan $275.00 Subdivision: Class I and II $275.00 $1,000.00 + Consultant fees Subdivision: Class III Prel Plat $500.00 $5,000.00 + Consultant fees Subdivision: Final Plat $500.00 $2,500.00 + Consultant fees Subdivision: Preliminary plat extension $275.00 Subdivision Exception $50.00 n/a + Consultant fees if Applicable Vacations Vacations: Road $275.00 $700.00 Vacation: Easement not associated with subdivisions $275.00 $700.00 Vacation: Easements associated with a subdivision $0.00 Easement Creation (see Class I Subdivision)$700.00 Appeal of Administrative Decision $150.00 $700.00 Stairway to Lake $50.00 Structures not requiring a building permit $50.00 Plus Engineering Costs Encroachment Permit/ Agreement $150.00 Tree removal in shore setback $0.00 Signs (Alteration of cabinent or raceway)$50.00 Vehicle Storage $50.00 78‐1577 (C) Land Alteration $50.00 $1,000.00 May also require a CUP Dock $50.00 1st time dock installation Tent/ Canopy Permits $50.00 *City Administrator may require an erosion control escrow for projects disturbing soils. $1,000.00 Variable depending on project scope, but not to exceed Zoning confirmation letter $50.00 Request for zoning confirmation letter Address Change Request by Owner $50.00 Exhibit A Buillding, Planning, and Zoning All fees, unless otherwise noted, are application fees and are non‐refundable after staff work has begun on the application. All after the fact applications are double fees. All applicants are responsible for actual costs incurred by the City by its' consultants in the review of the application. BUILDING CODE ADMINISTRATION: ZONING PERMIT: ZONING APPLICATIONS: PLANNING, BUILDING, ZONING Fee COMMERCIAL MARINA LICENSE Initial Application Fee $300.00 Renewal Application & Inspection Fee $200.00 Late fee $100.00 DOCK LICENSE $325.00 per year JOINT USE DOCK LICENSE Initial Application Fee $50.00 Renewal Application Fee $20.00 Plus each slip $2.00 Late Fee $25.00 CANOE RACK RENTAL $40.00 Per Slip RENTAL LICENSE License Fee $100.00 2 year term GARBAGE HAULER LICENSE Flat Rate $75.00 Ch. 54, Article III Per Hauler $15.00 Per Truck Transfer Fee $30.00 HOME OCCUPATION LICENSE (Level 2)$100.00 Initial Review Fee Sec. 26‐76 $30.00 Annual Review Fee $30.00 KENNEL LICENSES Sec. 62‐161 thru 62‐185 Commercial Application & Inspection Fee (Annual) $150.00 Residential Application & Inspection Fee (Annual)$50.00 BEER, WINE & LIQUOR LICENSES Initial Investigation $500.00 Per License Ch. 34, Article II On‐Sale & Off‐Sale Intoxicating Liquor Licenses Ch. 34, Article II Ch. 34, Article II In state investigation Out state investigation Actual cost Off‐Sale Liquor License $150.00 Sec. 34‐66 On‐Sale Liquor License $5,000.00 Sec. 34‐66 On‐Sale Wine License $2,000.00 Sec. 34‐77 3.2 % Malt Liquor Off‐Sale (Annual)$50.00 Sec. 34‐66 3.2 % Malt Liquor On‐Sale (Annual)$100.00 Sec. 34‐66 Setup (Annual)$100.00 Sec. 34‐126; 34‐143 Club Liquor License Sec. 34‐66 (weekday)$200.00 Sec. 34‐66 (Sunday)$200.00 Sec. 34‐66 On‐Sale & Off Sale 3.2% Malt Liquor/Wine Licenses Type Exhibit B Licenses and Miscellaneous Charges TEMPORARY TRAILERS & BUILDINGS License Fees for new licenses may be prorated; after 75% of the license period has elapsed, the fee is reduced by 50%. Actual cost up to $10,000 License application fee $50.00 Fee Applicable Code or MN State Statute (MSS) Number Unsafe Operation 66‐259 Unreasonable Acceleration $60.00 66‐258 Exhibition Driving $60.00 66‐7 Failure to Obey Traffic Control $60.00 169.06 MSS Expired Registration $60.00 169.79 MSS Unsafe Equipment $60.00 169.47 MSS Loud Exhaust $60.00 169.69 MSS No Driver License in Possession $60.00 171.08 MSS Failure to Change Address on DL $60.00 171.11 MSS Driving to Avoid Traffic Signal $60.00 66‐5 Operation $60.00 66‐159 Equipment $60.00 66‐160 Hours of Operation $60.00 66‐159 $60.00 Dog at Large $60.00 62‐104 Animal License Required $60.00 62‐131 Feces Clean Up $60.00 22‐95 & 22‐114 Barking Dog $60.00 62‐10 $60.00 Public Nuisance/General Prohibition $60.00 70‐4 Peace and Safety Violation $60.00 70‐166 Discharge of Firearm $60.00 70‐97 No Permit $60.00 58‐186 Negligent Burning $60.00 58‐193 No Open Burning $60.00 58‐193 Loud Noise Prohibited $60.00 58‐120 Hours of Operation $60.00 22‐89 Operating a Motor Vehicle within Park $60.00 22‐92 No Permit $60.00 22‐102 Feces Clean Up $60.00 22‐95, 22‐102 & 22‐114 $60.00 Violation of General Provisions $60.00 18‐4 Sign Impoundment Fee $25.00 78‐1473 $60.00 Curfew $60.00 70‐274 Possession of Tobacco $60.00 609.685 Sub 3 MSS 1,000‐9,999 lbs overweight .15 cents per lb over 169.824 Sub 1 MSS General $25.00 66‐78 Seasonal 0200‐0600 on $25.00 66‐80 Street Prohibited Handicapped $60.00 66‐85 Fire Lane $25.00 46‐85 Watering Restrictions $60.00 610.50 Sub 15 MSS Placing Snow on Street $25.00 18‐5 SPECIAL EVENT VIOLATIONS 1st Violation 250.00$ 2nd Violation 500.00$ 3rd Violation 1,000.00$ Exhibit D Administrative Offenses TRAFFIC/VEHICLE OFFENSES SNOWMOBILE VIOLATIONS ANIMALS JUVENILE SEASONAL OVERWEIGHT VEHICLES PARKING MISCELLANEOUS ADMINISTRATIVE OFFENSES (POLICE ADMINISTERED) PUBLIC NUISANCES OPEN BURNING NOISE PARK VIOLATIONS SIGNS VIOLATIONS Sec. 62‐104 1st Offense $60.00 2nd Offense $80.00 3rd Offense $100.00 After Hours, Weekend & Holiday Release Charge $75.00 Ch. 62, Article I 1st Offense $55.00 2nd Offense $65.00 3rd Offense $75.00 Trace & Catch Animal $35.00 Per Hour Trailer Charge $55.00 Actual Cost $200.00 + $60.00 each additional day; actual costs up to $1,500 Sec. 38‐801 thru 38‐803 Sec. 70‐99 Display of Fireworks/Pyrotechnic Special Effects $150.00 Sale and/or Storage of Consumer Fireworks $100.00 Ch. 70, Article III Pest Control (limited use) $25.00 Game Animals (limited use) $25.00 Annual (Club Only) $25.00 $20.00 Sec. 70‐71 $100.00 Under 300 people Ch. 66, Article VI Special Events involving fireworks $250.00 (Includes Parades, Noise Exemption, Use of Public Property) $200.00 If Over 300 people; actual costs up to $1,500 Fee is doubled if application is not received 10 business days prior to event Ch. 42, Article III 1st false alarm/per calendar year No Charge FIREARMS DISCHARGE PERMIT LIMITED TRAPPING PERMIT SPECIAL EVENTS PERMIT FALSE POLICE ALARM USER FEES Exhibit F Police Administration DOGS AT LARGE ‐ RELEASE FEE CARE OF IMPOUNDED ANIMAL LARGE ASSEMBLY LICENSE (over 300 people) FIREWORKS PERMIT ANIMALS AT LARGE (Other than dogs) ‐ RELEASE FEE + 0.31/Mile (Total Distance)