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04-11-2022 Council Packet
Agenda Council Meeting Monday, April 11, 2022 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 March 28, 2022 2. Council Work Session Minutes of March 28, 2022 3. Claims/Bills 4. Approval to Dispose of Unclaimed Property 5. Request to Hire Full-Time Police Officer 6. Appoint Season Employees 7. Approval to Purchase of Vehicle and Equipment Diagnostic Computer 8. Approval of Resolution Appointing Park Commission Alternates 9. MnDOT Master Contract Renewal – Resolution No. 7261 10. Big Island Dock License Request – Site BI-6, Joe Thull 11. Request Authorization to Advertise for Septic Inspector/ Plan review contractor – RFP 12. LA22-000008 – Jon Byington o/b/o Travis Dejong, 1270 Wildhurst Trail, Variance – Resolution No. 7260 13. LA22-000013 – JALIN Design LLC o/b/o Dale and Cynthia Wunderlich, 2726 Caroline Avenue, Variance – Resolution No. 7259 Public Comments – (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Presentation Finance Report Community Development Report 14. LA21-000076 – Yardscapes, Inc. o/b/o Lincoln Danforth, 1720 Bohns Point Road, Requests, Variances 15. LA22-000001 – Tim & Leslie Oare and John & Michele Abbott, 2967 Casco Point Road (Oare) & 2941 Casco Point Road (Abbott) – Variances and Conditional Use Permit City Attorney Report Agenda Council Meeting Monday, April 11, 2022 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us City Administrator/Engineer Report Mayor/Council Report Adjournment Upcoming Events 2022 04-18-2022 Planning Commission Meeting, Monday, 6:00 p.m. (Aaron Printup) 04-25-2022 City Council Work Session, Monday, 5:00 p.m. 04-25-2022 City Council Meeting, Monday, 6:00 p.m. 05-02-2022 Park Commission Meeting, Monday, 6:00 p.m. 05-09-2022 City Council Work Session, Monday, 5:00 p.m. 05-09-2022 City Council Meeting, Monday, 6:00 p.m. 05-16-2022 Planning Commission Meeting, Monday, 6:00 p.m. (Victoria Seals) 05-23-2022 City Council Work Session, Monday, 5:00 p.m. 05-23-2022 City Council Meeting, Monday, 6:00 p.m. 05-30-2022 Official Holiday, City Offices Closed MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 3 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, and Aaron Printup. Council Members Richard Crosby III and Victoria Seals were absent. Representing Staff were City Administrator/Engineer Adam Edwards, and Finance Director Ron Olson. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF MARCH 14, 2022 2. COUNCIL WORK SESSION MINUTES OF MARCH 14, 2022 3. CLAIMS/BILLS 4. APPROVAL OF RENTAL LICENSE 5. APPOINTMENT OF 2022 SEASONAL EMPLOYEES 6. PERSONNEL MATTER Printup moved, Johnson seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 3, Nays 0. PUBLIC COMMENTS Cassandra Ordway, 1145 County Road 6, announced the Long Lake Waters Association is hosting a free community event on Saturday, April 23 at Summit Park including an environmental cleanup walk, aquatic invasive species (AIS) education, an art project, scavenger hunt, and a local chef who will identify edible plants. Ms. Ordway noted that a local company Waterfront Restoration was awarded a grant from Hennepin County for the Ambassador Pilot Program will which monitor the boat launch on Long Lake. A presence will be there on Fridays and Saturdays to educate people on cleaning boats upon entering and exiting the lake and giving AIS information. She shared that Long Lake is also part of an online interactive game to help families understand best practices about water stewardship. PRESENTATION 7. LONG LAKE FIRE DEPARTMENT ANNUAL REPORT Fire Chief Van Eyll gave a presentation on the 2021 Long Lake Fire Department Annual Report. He shared about recent promotions within the department and one retirement, noting they currently have 45 members and are a young department averaging about 8 years of service. Chief Van Eyll shared 2021 Emergency call activity in Orono of 285 calls and spoke about auto-aid. He also shared about the first unit on-scene time average of 8:59 in Orono with the overall time average at 8:56 and spoke about reducing some of the code calls, especially for fire alarms as 99.9% of fire alarms received are burnt popcorn or MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 3 LONG LAKE FIRE DEPARTMENT ANNUAL REPORT – Continued something along those lines. Chief Van Eyll shared training goals for 2021 including electrical vehicle training, an onboarding process, driver’s training, and getting more spousal and family involvement at the fire station. FINANCE DIRECTOR REPORT Olson had nothing to report. CITY ATTORNEY REPORT Attorney Mattick was not present. CITY ADMINISTRATOR/ENGINEER REPORT Edwards had nothing to report. 8. LONG LAKE PARTNERSHIP AGREEMENT FOR CARP REMOVAL Cassandra Ordway of the Long Lake Waters Association shared about a proposal and request for partnership and funding. She shared history on carp removal in Long Lake, noting the first project was in 2018 to do a carp population study and data collection which was a large number and 6 times what the State recommends as an appropriate threshold for fish within a water body. Recently the estimate has been readjusted with more accurate numbers and they are now at 2 times the limit which makes the project more realistic. Ms. Ordway shared about watching carp movements through tagging and techniques for removal including placing nets on the bottom of the lake and baiting them with corn which other fish do not like. An earlier catch removed 1,000 carp, many of which were over 10 pounds. Carp Solutions indicates they need to remove another 2,900 carp to restore the lake. The total for the project is just over $23,904 for two phases; the request for the City of Orono is a $5,000 contribution toward the project. Project benefits include lowering competition for native fish and aquatic plants and improvement of water clarity. The City Council discussed the item with Ms. Ordway. Mayor Walsh noted many entities come to the City with requests for funding. In this case, the City would be happy to sign off on grant requests. Johnson agreed it is a good project but the City has not given funding to those other groups who have requested money. Mayor Walsh clarified the City takes care of the infrastructure including runoff issues and gullies. However, when it gets into the lake that is where all of the other government agencies that siphon money from the City for those purposes need to come into play and do their job. Johnson moved, Printup seconded, to deny the request for partnership and funding for carp removal. VOTE: Ayes 3, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 3 MAYOR/COUNCIL REPORT Printup shared one year ago the ice was out. Mayor Walsh noted kids are back in school after spring break and that the City newsletter will be going out soon. ADJOURNMENT Johnson moved, Printup seconded, to adjourn the meeting at 7:00 p.m. VOTE: Ayes 3, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, March 28, 2022 Council Chambers 5:30 p.m. Page 1 of 1 PRESENT: Mayor Dennis Walsh. Staff members present were City Administrator/Engineer Adam Edwards and City Clerk Anna Carlson. 1. Planning Commission Interview Mayor Dennis Walsh interviewed Sandra Rasmussen for the Park Commission Alternate over the phone. The Mayor described the roles of the Park Commission alternate positions. He noted that currently the City has an opening for an additional alternate on the commission and thanked Ms. Rasmussen for meeting with the City. Walsh directed staff to bring forward a council action request at the next City Council Meeting. Adjourned: 5:38 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: Ck 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 118342 to118492 and ACH transactions 20130227 to 20130243, totaling $673,889.40. 3. Noteworthy Payments. Vendor Amount Description of Payment #118374 City of Crystal $4,589.19 4th Qtr 2021 Towards Zero Death Grant disbursement. Other participating cities also received grant money. #118399 League of Mn Cities $115,250.00 Comp Municipal Liability Insurance. #118376 City of Long Lake $113,985.25 2nd Qtr Fire Service for 2022. 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: April 11, 2022 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: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount International Union Local #49 03/31/2022 118342 03242022 101-21707 LOCAL 49 DUES - 03/2022 350.00 Total 118342:350.00 NCPERS GROUP LIFE INS.03/31/2022 118343 03242022 101-21710 PERA LIFE 04/2022 320.00 Total 118343:320.00 SUN LIFE FINANCIAL 03/31/2022 118344 03242022 101-21714 STD- APRIL/2022 947.80 SUN LIFE FINANCIAL 03/31/2022 118344 03242022LIF 101-21710 LIFE INS- APRIL/2022 1,513.89 SUN LIFE FINANCIAL 03/31/2022 118344 03242022LIF 101-15998 LIFE INS-COBRA- APRIL/2022 33.48 Total 118344:2,495.17 CENTERPOINT ENERGY MAIN 03/31/2022 118347 2022.03 130 602-49450-381 GAS SERVICES 1302 SHORELINE POINT RD 02/Sewer 22.08 CENTERPOINT ENERGY MAIN 03/31/2022 118347 2022.03 292 602-49450-381 GAS SERVICE 2922 CASCO POINT RD 02/18/22-0 Sewer 18.07 Total 118347:40.15 Century Link 03/31/2022 118348 2022.03 GC 101-45210-321 GC PHONE/INTERNET 03/19/22-04/18/22 Golf Course 235.04 Total 118348:235.04 LAW ENFORCEMENT LABOR S 03/31/2022 118349 03242022 101-21707 LELS DUES - LOCAL 40 03/2022 1,300.00 LAW ENFORCEMENT LABOR S 03/31/2022 118349 03242022 101-21707 LELS DUES - LOCAL 168 03/2022 260.00 LAW ENFORCEMENT LABOR S 03/31/2022 118349 03242022 101-21707 LELS DUES - LOCAL 40 03/2022 PART TIME 66.46 Total 118349:1,626.46 METROPOLITAN COUNCIL ENVI 03/31/2022 118350 2022.03 SAC 101-20809 SAC 02/22 4,970.00 METROPOLITAN COUNCIL ENVI 03/31/2022 118350 2022.03 SAC 101-39610 SAC 02/22 49.70- METROPOLITAN COUNCIL ENVI 03/31/2022 118350 2022.03 SAC 101-20809 SAC 02/22 - AUDIT 5,168.80 Total 118350:10,089.10 OPEIU - LOCAL 12 03/31/2022 118351 03242022 101-21707 UNION DUES - LOCAL 12 03/2022 635.50 Total 118351:635.50 THE HARTFORD 03/31/2022 118352 APRIL 2022 101-21713 LTD 04/2022 78.60 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118352:78.60 UNITED STATES POSTAL SERVI 03/31/2022 118353 2022.03 UB 602-49450-322 03/22 UTILITY BILLS Sewer 474.71 UNITED STATES POSTAL SERVI 03/31/2022 118353 2022.03 UB 601-49400-322 03/22 UTILITY BILLS Water 474.70 UNITED STATES POSTAL SERVI 03/31/2022 118353 2022.03 UB 651-49910-322 03/22 UTILITY BILLS Storm Water 474.70 Total 118353:1,424.11 FURTHER 03/31/2022 118354 40145263 101-21719 FSA 03/10/2022 59.51 Total 118354:59.51 FURTHER 03/31/2022 118355 01272022 101-21719 FSA 01/27/2022 95.84- FURTHER 03/31/2022 118355 15953411 101-41900-319 ADMINISTRATION FEE Central Services 1,500.00- Total 118355:1,595.84- ACME TOOLS 04/11/2022 118357 9772947 101-43000-240 POWER TOOLS FOR THE MAINTENCE SHOP Public Works Department 714.00 ACME TOOLS 04/11/2022 118357 9799358 701-49800-222 PU TOOL BOX # 408 1,028.00 Total 118357:1,742.00 ADVANCED IMAGING SOLUTIO 04/11/2022 118358 468612593 710-49970-413 PW COPIER LEASE 03/20/22-04/20/22 126.76 Total 118358:126.76 AMAZON CAPITAL SERVICE 04/11/2022 118359 1PW4-CN9N-101-43000-404 MOP HANDLE Public Works Department 16.40- AMAZON CAPITAL SERVICE 04/11/2022 118359 1X96-VLP4-101-45210-240 CALCULATORS GOLF CLUB HOUSW Golf Course 11.44 AMAZON CAPITAL SERVICE 04/11/2022 118359 1X96-VLP4-701-49800-222 HEADLIGHT BULBS UNIT #409 48.41 AMAZON CAPITAL SERVICE 04/11/2022 118359 1X96-VLP4-101-43000-221 PARTS FOR INVENTORY Public Works Department 90.49 AMAZON CAPITAL SERVICE 04/11/2022 118359 1X96-VLP4-101-43000-226 CHARGER FOR LIGHT Public Works Department 14.95 AMAZON CAPITAL SERVICE 04/11/2022 118359 1X96-VLP4-101-43000-240 SHOP SUPPLIES Public Works Department 14.99 AMAZON CAPITAL SERVICE 04/11/2022 118359 1X96-VLP4-101-43000-240 SHOP SUPPLIES Public Works Department 430.76 AMAZON CAPITAL SERVICE 04/11/2022 118359 1X96-VLP4-101-41900-201 ANNA FRAMES Central Services 257.13 Total 118359:851.77 AMERICAN ENGINEERING TES 04/11/2022 118360 inv-063285 440-48970-304 21-039 NEW PUBLIC WORKS FACILITY 27,975.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118360:27,975.00 American Environmental LLC 04/11/2022 118361 2477 602-49450-443 TV FROM AILLOW DR TO WATERTOWN RD Sewer 943.15 Total 118361:943.15 ANNA CARLSON 04/11/2022 118362 2022.03 101-41300-331 MILEAGE REIMBRUSEMENT - CC/CWS Administration 66.41 ANNA CARLSON 04/11/2022 118362 2022.03 101-41410-331 MILEAGE REIMBURSEMENT - ELECTIONS Elections 10.21 Total 118362:76.62 Aspen Mills 04/11/2022 118363 291456 101-42110-226 UNIFORMS - STRUM Police Department 61.05 Total 118363:61.05 Batteries + Bulbs 04/11/2022 118364 P49988097 602-49450-406 LS BATTERY'S Sewer 75.57 Batteries + Bulbs 04/11/2022 118364 P50048324 602-49450-227 BATTERIES FOR LS'S Sewer 75.57 Total 118364:151.14 Belson Outdoors 04/11/2022 118365 WQ 302409 225-45200-223 PICNIC TABLE 2,977.88 Belson Outdoors 04/11/2022 118365 WQ 302508 101-45200-223 PARK BENCH Parks 707.29 Total 118365:3,685.17 BOLDENOW, ELLIE 04/11/2022 118366 2022.03 BOL 999-10015 UB REFUND - 1937 FAGERNESS POINT RD 23.18 Total 118366:23.18 BOLTON & MENK INC.04/11/2022 118367 0286119 440-48975-304 21-039 PW FACILITY DESIGN 6,453.00 Total 118367:6,453.00 BRIDGET CESSOR CULVER 04/11/2022 118368 2022.03 CUL 999-10015 UB REFUND - 385 STUBBS BAY RD N 7.24 Total 118368:7.24 Capital One Trade Credit 04/11/2022 118369 3282076220 101-45210-223 GOLF COURSE SUPPLIES- EDGE GLUED BOAR Golf Course 31.18 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118369:31.18 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-41500-433 RO- MN GOVRNT Finance Department 70.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-489 CHIEF/CF - OFFICE DEPOT Police Department 28.15 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-439 CHIEF/CF - LUNDS Police Department 34.26 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-489 CHIEF/CF - AMAZON- PRTS DISHWASHER Police Department 30.04 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-433 CHIEF/CF - AMEM - ANNUAL DUES Police Department 200.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-489 CHIEF/CF - MN CHIEFS POLICE ASSIC- FIREAR Police Department 114.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-402 CHIEF/CF - BUFF N GO Police Department 15.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-433 CHIEF/CF - MN POST BOARD Police Department 1,080.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-437 CHIEF/CF - MN CHIEFS OF POLICE ASSOC Police Department 510.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-489 CF- IMPARK -SRO SCHOOL EVENT Police Department 15.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-439 CF- COBORNS- GTO SWEARING IN Police Department 35.13 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-437 CF- MN BCA Police Department 75.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/701-49800-222 BW - ACME TOOLS 1,021.49 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-43000-240 BW - ACME TOOLS Public Works Department 1,500.73 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-43000-240 BW - OLIGHT STORE - RPL CLIPS & CHARGER Public Works Department 98.76 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-45210-437 JL- U OF M - PESTICIDE MANUAL Golf Course 38.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-45210-437 JL- MN NURSERY- SHADE TREE Golf Course 200.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-439 CF- CARIBOU - MTG Police Department 15.79 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42110-439 CHIEF/CF - BIRCES - BANQ RESERVE REC Police Department 60.07 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-43050-489 SO - HENN CO PW- ROW PERMIT METER Public Works - Spring Park 340.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-43050-224 SO - QED ENVIR SERV - AIR STRIPPER VALVE S Public Works - Spring Park 571.62 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/601-49400-201 RO- SECOND NATURE GRAPHICS- ENV UB Water 179.25 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/602-49450-201 RO- SECOND NATURE GRAPHICS- ENV UB Sewer 179.25 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-45210-441 RO - HENN CO PUB HEALTH - FOOD LIC Golf Course 299.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/601-49400-331 DJ- ST CLOUD PRKG - SCHOOL Water 10.25 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/602-49450-331 DJ- ST CLOUD PRKG - SCHOOL Sewer 10.25 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-43000-224 DJ- FLEET FARM - BOOTS Public Works Department 119.95 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-43000-437 DJ - MN TRK ASSOC- DOT INSPEC TRNG- BROD Public Works Department 245.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-41110-439 AC- HYVEE- WK SESSION FD Mayor & Council 14.97 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-41110-439 AC - FORKLESS PIZZA - WK SESSION FD Mayor & Council 71.97 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-41300-437 AC - PANERA BREAD - WELCOME BRKFT Administration 49.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-41300-437 AC - CORBORNS - WELCOME BRKFT Administration 38.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-41110-439 AC- HYVEE - WK SESSION FD Mayor & Council 33.19 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-41110-439 AC- JERSEY MIKES - WK SESSION FD Mayor & Council 109.13 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/710-49970-416 DK - MALWAREBYTES - ANTIVIRUS SQUAD CAR 979.80 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42400-437 JB- ICC - REFUND CLASS Building & Zoning 150.00- CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42400-433 JB- MN DEPT OF LABOR - NICOLE LICENSE Building & Zoning 65.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-42400-437 JB - SENSIBLE LAND USE - TRNG JEREMY Building & Zoning 35.00 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-45210-223 JL- TARGET - WATER FILTER Golf Course 41.91 CARDMEMBER SERVICE 04/11/2022 118370 02/19/22-03/101-45210-093 JL- COSTCO- GC SUPPLIES Golf Course 290.78 Total 118370:8,674.74 CENTERPOINT ENERGY MAIN 04/11/2022 118371 02/19/2022-0 601-49400-381 GAS SERVICE 02/19/22-03/21/2022 Water 1,496.01 CENTERPOINT ENERGY MAIN 04/11/2022 118371 02/19/2022-0 602-49450-381 GAS SERVICE 02/19/22-03/21/2022 Sewer 1,045.25 CENTERPOINT ENERGY MAIN 04/11/2022 118371 02/19/2022-0 101-41900-381 GAS SERVICE 02/19/22-03/21/2022 Central Services 2,040.21 CENTERPOINT ENERGY MAIN 04/11/2022 118371 02/19/2022-0 101-42110-381 GAS SERVICE 02/19/22-03/21/2022 Police Department 647.54 CENTERPOINT ENERGY MAIN 04/11/2022 118371 02/19/2022-0 101-45210-381 GAS SERVICE 02/19/22-03/21/2022 Golf Course 357.70 Total 118371:5,586.71 CHUNKS LAKESHORE AUTO 04/11/2022 118372 0018227 101-42110-402 DURANGO MAINT OIL/FILTER Police Department 219.13 CHUNKS LAKESHORE AUTO 04/11/2022 118372 0018241 101-42110-402 OIL CHANGE/FILTER #269 Police Department 33.07 CHUNKS LAKESHORE AUTO 04/11/2022 118372 0018248 101-42110-402 OIL CHANGE/FILTER # 260 Police Department 166.23 Total 118372:418.43 CITY OF CORCORAN 04/11/2022 118373 2022.04 101-42110-438 4TH QTR 2021 TOWARD ZERO DEATHS GRANT Police Department 2,196.42 Total 118373:2,196.42 CITY OF CRYSTAL 04/11/2022 118374 2022.04 101-42110-438 4TH QTR 2021 TOWARD ZERO DEATHS GRANT Police Department 4,589.18 Total 118374:4,589.18 CITY OF DAYTON 04/11/2022 118375 2022.04 101-42110-438 4TH QTR 2021 TOWARD ZERO DEATHS GRANT Police Department 1,793.80 Total 118375:1,793.80 CITY OF LONG LAKE 04/11/2022 118376 20220109 101-42260-318 2ND QTR 2022 FIRE SERVICE Fire Protection Services 113,985.25 Total 118376:113,985.25 CITY OF MEDINA 04/11/2022 118377 2022.04 101-42110-438 4TH QTR 2021 TOWARD ZERO DEATHS GRANT Police Department 1,464.65 Total 118377:1,464.65 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CITY OF NEW HOPE 04/11/2022 118378 2022.04 101-42110-438 4TH QTR 2021 TOWARD ZERO DEATHS GRANT Police Department 2,392.53 Total 118378:2,392.53 City of Orono Utilities 04/11/2022 118379 2022.03 CH 101-42110-382 MAR 2022 UB CH & PD Police Department 82.22 City of Orono Utilities 04/11/2022 118379 2022.03 CH 101-41900-382 MAR 2022 UB CH & PD Central Services 82.22 City of Orono Utilities 04/11/2022 118379 2022.03 GC 101-45210-382 QTR 1 JAN- MAR 2022 GC Golf Course 72.58 City of Orono Utilities 04/11/2022 118379 2022.03 PO 101-41900-382 MAR 2022 UB - PO Central Services 84.72 City of Orono Utilities 04/11/2022 118379 2022.03 PW 101-41900-382 MAR 2022 UB- PW Central Services 174.40 City of Orono Utilities 04/11/2022 118379 2022.03 WT 601-49400-382 MAR 2022 UB - WTP Water 145.70 Total 118379:641.84 CITY OF ROBBINSDALE 04/11/2022 118380 2022.04 101-42110-438 4TH QTR 2021 TOWARD ZERO DEALTHS GRANT Police Department 3,693.09 Total 118380:3,693.09 CITY OF WAYZATA 04/11/2022 118381 MARCH 202 601-49400-387 MARCH 2022 WATER Water 2,654.65 CITY OF WAYZATA 04/11/2022 118381 MARCH 202 602-49450-387 MARCH 2022 SEWER Sewer 5,575.20 Total 118381:8,229.85 CITYVIEW PLUMBING & HEATIN 04/11/2022 118382 120130465 601-49400-405 S WATER PLANT REPAIRS - PLUMBING MATERI Water 370.34 CITYVIEW PLUMBING & HEATIN 04/11/2022 118382 120619940 601-49400-405 SOUTH WATER PLANT PLUMBING REPAIRS Water 1,807.54 Total 118382:2,177.88 CONTINENTAL RESEARCH CO 04/11/2022 118383 0034310 602-49450-227 DEODORANT BLOCKS FOR LS'S Sewer 571.00 Total 118383:571.00 CRAGUN'S RESORT AND CONF 04/11/2022 118384 2022.04 GEH 101-42110-437 PLEAA TRAINING CONFERENCE - GEHLEN Police Department 405.06 CRAGUN'S RESORT AND CONF 04/11/2022 118384 2022.04 MC 101-42110-437 PLEAA TRAINING CONFERENCE - MCGREGOR Police Department 532.84 Total 118384:937.90 DELTA DENTAL 04/11/2022 118385 RIS0004073 101-21709 DENTAL APRIL 2022 3,600.97 DELTA DENTAL 04/11/2022 118385 RIS0004073 101-15998 DENTAL APRIL 2022 - COBRA 134.64 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118385:3,735.61 EARL F ANDERSON & ASSOC 04/11/2022 118386 0129111-IN 101-43000-224 SIGNS Public Works Department 225.40 Total 118386:225.40 ECM PUBLISHERS INC 04/11/2022 118387 882464 101-42400-340 ORD 270 Building & Zoning 29.80 ECM PUBLISHERS INC 04/11/2022 118387 882627 101-43000-340 PUBLIC WORKS SEASONAL AND MAINT WORKE Public Works Department 192.00 ECM PUBLISHERS INC 04/11/2022 118387 883789 101-43000-340 PUBLIC WORKS MAINT WORKER Public Works Department 120.00 Total 118387:341.80 FORKLIFTS OF MINNESOTA INC 04/11/2022 118388 01P9054360 701-49800-221 BROOM FOR SMALL SWEEPER 1,088.91 Total 118388:1,088.91 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-533416 101-43000-240 NEW 24V BATTER CHARGER FOR THE SHOP Public Works Department 195.02 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-533417 101-43000-240 SHOP SUPPLIES Public Works Department 7.99 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-533657 701-49800-222 UNIT# 712 GAS GRANDE SHOCK 298.96 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-533786 101-43000-240 SHOP SUPPLIES TEST LIGHT Public Works Department 12.06 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-533814 101-43000-240 SHOP SUPPLIES AIR CHUCK Public Works Department 41.97 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-534020 101-43000-240 WIRE STRIPPER SHOP Public Works Department 24.99 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-534151 701-49800-222 UNIT 432 SOLENOID 22.32 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-534165 701-49800-222 UNIT 432 LIQUID TAPE/ BATTERY CABLES 29.68 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-534193 701-49800-222 UNIT 432 CIR BRKR 8.90 GENUINE PARTS COMPANY/NA 04/11/2022 118389 3270-534355 101-43000-240 SHOP SUPPLIES Public Works Department 14.69 Total 118389:656.58 GOPHER ACE 04/11/2022 118390 010244/1 101-45210-223 CLEANING SUPPLIES Golf Course 24.58 GOPHER ACE 04/11/2022 118390 10182/1 101-43000-224 HARDWARE FOR SHOP Public Works Department 11.99 GOPHER ACE 04/11/2022 118390 10256/1 101-45210-223 PAINT SUPPLIES Golf Course 15.98 GOPHER ACE 04/11/2022 118390 10293/1 101-43000-224 HARDWARE FOR SHOP Public Works Department 14.99 GOPHER ACE 04/11/2022 118390 10333/1 101-43000-224 HARDWARE FOR SHOP Public Works Department 18.33 Total 118390:85.87 HENNEPIN COUNTY CHIEFS OF 04/11/2022 118391 1065 101-42110-437 ACTIVE SHOOTER TRNG - LANGE/PALM/WIEBU Police Department 175.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118391:175.00 HIGH ROAD HEATING & COOLI 04/11/2022 118392 11399 602-49450-406 LS#3 & LS#13 GAS LINES Sewer 1,915.24 HIGH ROAD HEATING & COOLI 04/11/2022 118392 20329115411 101-43000-404 MAKEUP AIR REPAIR UNIT.Public Works Department 314.16 Total 118392:2,229.40 HOLIDAY COMPANIES 04/11/2022 118393 0796010422 101-42110-402 SQUAD WASHES Police Department 308.00 Total 118393:308.00 HOLMES, MARY 04/11/2022 118394 2022.03 101-42110-436 TOWING/INVESTIGATIVE - VICTIM OVERPD TOW Police Department 15.36 Total 118394:15.36 HOLTON ELECTRIC CONTRACT 04/11/2022 118395 4277 101-43000-404 MOVED ELEC IN MAINTANCE SHOP Public Works Department 477.96 Total 118395:477.96 JAMI WITTKE 04/11/2022 118396 2022.03 101-21707 UNION DUES REIMB - WITTKE 65.00 Total 118396:65.00 KLINGSPOR 04/11/2022 118397 4309023 701-49800-222 ABRASIVES FOR SHOP USE 137.20 Total 118397:137.20 KRIENKE, CARRIE 04/11/2022 118398 2022.03 101-41500-331 MILEAGE - BANK DEPOSITS 01/6/22- 3/31/22 Finance Department 110.20 Total 118398:110.20 LEAGUE OF MN CITIES INS TR 04/11/2022 118399 04062022 703-49960-361 COMP MUNICIPAL LIABILITY INS 115,250.00 Total 118399:115,250.00 LEOWEBPROTECT.com 04/11/2022 118400 3694 101-42110-416 MONTHLY Police Department 167.94 Total 118400:167.94 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LOFRANO, JR 04/11/2022 118401 2022.03 LOF 999-10015 UB REFUND - 3365 CRYSTAL BAY RD 316.54 Total 118401:316.54 LUBE TECH ESI 04/11/2022 118402 2868486 701-49800-212 5W30 OIL 587.88 LUBE TECH ESI 04/11/2022 118402 2875024 701-49800-212 SUPER TRACTOR, ATF, AND HYD LIFT OIL 4,794.70 LUBE TECH ESI 04/11/2022 118402 2877638 701-49800-212 SUPER TRACTOR, ATF, AND HYD LIFT OIL 826.09 Total 118402:6,208.67 MACQUEEN EQUIPMENT 04/11/2022 118403 P40705 602-49450-227 LEADER HOSE FOR 713 N MH HOOKS Sewer 794.15 Total 118403:794.15 MANSFIELD OIL COMPANY 04/11/2022 118404 23118226 701-49800-212 DIESEL FUEL 957.33 MANSFIELD OIL COMPANY 04/11/2022 118404 23118232 101-42110-212 UNLEADED FUEL Police Department 1,422.10 MANSFIELD OIL COMPANY 04/11/2022 118404 23118291 101-42110-212 UNLEADED FUEL Police Department 2,414.77 Total 118404:4,794.20 Metro Sales Inc 04/11/2022 118405 INV2010634 710-49970-401 COPIERS - LEASE 3/18 - 6/18/22 70.00 Metro Sales Inc 04/11/2022 118405 INV2010634 710-49970-401 COPIERS - USAGE 12/19/21-3/18/22 103.12 Metro Sales Inc 04/11/2022 118405 INV2010635 710-49970-401 COPIERS - LEASE 3/19 - 6/18/22 278.00 Metro Sales Inc 04/11/2022 118405 INV2010635 710-49970-401 COPIERS - USAGE 12/19/21-3/18/22 1,328.82 Total 118405:1,779.94 METROPOLITAN COUNCIL ENVI 04/11/2022 118406 0001137787 602-49450-383 WASTWATER SERVICE 5/2022 Sewer 59,036.55 Total 118406:59,036.55 MINNEAPOLIS OXYGEN COMPA 04/11/2022 118407 00090651 101-43000-224 OXYGEN, ACETYLENE Public Works Department 56.64 MINNEAPOLIS OXYGEN COMPA 04/11/2022 118407 00090652 101-42110-221 O2 Police Department 94.40 MINNEAPOLIS OXYGEN COMPA 04/11/2022 118407 00090653 101-42110-221 MEDICAL OXYGEN Police Department 15.78 MINNEAPOLIS OXYGEN COMPA 04/11/2022 118407 20220730 101-42110-221 EQUIPMENT REFILL Police Department 111.36 MINNEAPOLIS OXYGEN COMPA 04/11/2022 118407 20227500 101-42110-221 O2 FILL Police Department 123.39 Total 118407:401.57 MN CHIEF OF POLICE ASSN 04/11/2022 118408 13190 101-42110-437 ETI TRAINING - SONNEK/SILTALA Police Department 1,200.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118408:1,200.00 MNSPECT LLC 04/11/2022 118409 8941 101-42400-310 MARCH BUILDING SERVICES Building & Zoning 2,280.00 Total 118409:2,280.00 MOUND TRUE VALUE 04/11/2022 118410 179949 101-42110-221 MISC PARTS Police Department 25.40 MOUND TRUE VALUE 04/11/2022 118410 180087 101-42110-240 13 GAL BLK CAN Police Department 25.99 Total 118410:51.39 MUNICIPAL CODE CORPORATI 04/11/2022 118411 00371342 101-41900-352 CITY CODE UPDATES Central Services 572.00 Total 118411:572.00 NARAY, ETHAN 04/11/2022 118412 2022.04 NAR 999-10015 UB REFUND - 860 BROWN RD S 193.99 Total 118412:193.99 NAVARRE HARDWARE 04/11/2022 118413 336063 601-49400-227 3585 CRYSTAL PL PUMP REPAIRS Water 5.20 NAVARRE HARDWARE 04/11/2022 118413 336070 101-43000-240 CARPET PROTECTOR USED FOR POS Public Works Department 17.99 NAVARRE HARDWARE 04/11/2022 118413 336089 601-49400-322 UPS SHIPPING CHARGE Water 13.87 NAVARRE HARDWARE 04/11/2022 118413 336167 101-43000-224 HARDWARE Public Works Department 8.58 Total 118413:45.64 Navarre Minnoco 04/11/2022 118414 2022.04 701-49800-212 NON OXY FUEL 47.09 Total 118414:47.09 Newegg Business Inc 04/11/2022 118415 1303786850 101-43000-221 ADJUSTABLE DESK PW Public Works Department 159.99 Total 118415:159.99 NOVA COMMUNICATIONS 04/11/2022 118416 152122 710-49970-221 NEW PHONE - PW ADMIN 247.20 NOVA COMMUNICATIONS 04/11/2022 118416 152225 101-41900-401 PHONE SUPPORT - CHANGE MESSAGE Central Services 135.00 NOVA COMMUNICATIONS 04/11/2022 118416 152285 710-49970-416 MIXIE LICENCES 1,750.00 NOVA COMMUNICATIONS 04/11/2022 118416 152527 101-41900-401 PHONE SUPPORT - CHANGE MESSAGE Central Services 45.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118416:2,177.20 Oertel Architects, Ltd 04/11/2022 118417 21-12.8 440-48975-319 PUBLIC WORKS BUILDING 31,865.66 Total 118417:31,865.66 OFFICE DEPOT 04/11/2022 118418 2224227761 101-41900-201 KITCHEN SUPPLIES Central Services 97.84 OFFICE DEPOT 04/11/2022 118418 2312164010 101-42110-201 TONNER/DUAL PACK Police Department 112.79 OFFICE DEPOT 04/11/2022 118418 2329654720 101-41900-201 DESK PAD Central Services 89.39 OFFICE DEPOT 04/11/2022 118418 2344860530 101-42110-201 CRUZER SNAP Police Department 32.99 OFFICE DEPOT 04/11/2022 118418 2353195790 101-41900-201 CHAIR MAT Central Services 79.73 OFFICE DEPOT 04/11/2022 118418 2353224320 101-41900-201 CHAIR MAT Central Services 54.99- OFFICE DEPOT 04/11/2022 118418 2353236640 101-41900-221 FLOOR MAT Central Services 54.99- Total 118418:302.76 PIRTEK 04/11/2022 118419 PL-T0001006 602-49450-489 JETTER HOSE REPAIR Sewer 236.15 Total 118419:236.15 Void Check 04/11/2022 118420 Total 118420:.00 Void Check 04/11/2022 118421 Total 118421:.00 Void Check 04/11/2022 118422 Total 118422:.00 Void Check 04/11/2022 118423 Total 118423:.00 Void Check 04/11/2022 118424 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118424:.00 Void Check 04/11/2022 118425 Total 118425:.00 Void Check 04/11/2022 118426 Total 118426:.00 Void Check 04/11/2022 118427 Total 118427:.00 Void Check 04/11/2022 118428 Total 118428:.00 Void Check 04/11/2022 118429 Total 118429:.00 Void Check 04/11/2022 118430 Total 118430:.00 Void Check 04/11/2022 118431 Total 118431:.00 Void Check 04/11/2022 118432 Total 118432:.00 Void Check 04/11/2022 118433 Total 118433:.00 Void Check 04/11/2022 118434 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118434:.00 Void Check 04/11/2022 118435 Total 118435:.00 Void Check 04/11/2022 118436 Total 118436:.00 Void Check 04/11/2022 118437 Total 118437:.00 Void Check 04/11/2022 118438 Total 118438:.00 Void Check 04/11/2022 118439 Total 118439:.00 Void Check 04/11/2022 118440 Total 118440:.00 Void Check 04/11/2022 118441 Total 118441:.00 Void Check 04/11/2022 118442 Total 118442:.00 Void Check 04/11/2022 118443 Total 118443:.00 Void Check 04/11/2022 118444 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118444:.00 Void Check 04/11/2022 118445 Total 118445:.00 Void Check 04/11/2022 118446 Total 118446:.00 Void Check 04/11/2022 118447 Total 118447:.00 Void Check 04/11/2022 118448 Total 118448:.00 Void Check 04/11/2022 118449 Total 118449:.00 Void Check 04/11/2022 118450 Total 118450:.00 Void Check 04/11/2022 118451 Total 118451:.00 PLEAA 04/11/2022 118461 2022.04 GEH 101-42110-437 PLEAA CONFERENCE REG - GEHLEN Police Department 125.00 PLEAA 04/11/2022 118461 2022.04 MC 101-42110-437 PLEAA CONFERENCE REG - MCGREGOR Police Department 125.00 Total 118461:250.00 POLLARDWATER 04/11/2022 118462 0210471 602-49450-489 LOCATOR FOR SEWER & WATER Sewer 616.72 Total 118462:616.72 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount POOL, BRODY 04/11/2022 118463 2022.04 BO 101-43000-226 PPE BRODY Public Works Department 250.00 Total 118463:250.00 PROLAWNS 04/11/2022 118464 2022.03 101-45210-319 2022 GC PESTICIDE Golf Course 13,086.90 PROLAWNS 04/11/2022 118464 2022.03 101-45200-319 2022 PARK PESTICIDE Parks 9,848.70 Total 118464:22,935.60 QUADIENT INC 04/11/2022 118465 N9341570 101-41900-401 POSTAGE MACHING LEASE 4/28/22-7/27/22 Central Services 878.94 Total 118465:878.94 QUALITY FLOW SYSTEMS INC 04/11/2022 118466 42646 602-16500 LS#3 AND 11 CONTROL PANALS 73,800.00 Total 118466:73,800.00 RDO EQUIPMENT 04/11/2022 118467 W6005501 701-49800-221 UNIT #430 BACKHOE REPAIR TASK 30173 3,618.31 Total 118467:3,618.31 ROB HOWELLS 04/11/2022 118468 2022.03 614-49840-319 1ST QTR 2022 VIDEO STREAMING Cable Franchise 800.00 Total 118468:800.00 ROGERS POLICE DEPARTMEN 04/11/2022 118469 2022.04 101-42110-438 4TH QTR 2021 TOWARD ZERO DEATHS GRANT Police Department 958.90 Total 118469:958.90 RUFFRIDGE JOHNSON EQUIP 04/11/2022 118470 IA21978 701-49800-221 #432 IGNITIOIN REPAIRS 307.56 RUFFRIDGE JOHNSON EQUIP 04/11/2022 118470 IA21993 701-49800-222 UNIT #432 WAND VALVE/NOSSLE 192.90 RUFFRIDGE JOHNSON EQUIP 04/11/2022 118470 IA21999 101-43000-221 #432 REPAIRS - THERMOSTAT Public Works Department 846.67 RUFFRIDGE JOHNSON EQUIP 04/11/2022 118470 IA22010 701-49800-222 REPAIR PATCH TRUCK #429 307.56 Total 118470:1,654.69 SAFE ASSURE 04/11/2022 118471 3146 601-49400-437 3RD YR OF 3 YR SAFETY TRAINING AGRMT Water 4,489.00 Total 118471:4,489.00 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SNAP-ON TOOLS INC 04/11/2022 118472 0316221364 101-43000-240 12V CIRCUIT TEST Public Works Department 105.00 SNAP-ON TOOLS INC 04/11/2022 118472 0404221371 101-43000-240 SHOP TOOLS Public Works Department 261.65 Total 118472:366.65 SOUTH LAKE MINNETONKA PO 04/11/2022 118473 2022.04 101-42110-438 4TH ATR 2021 TOWARD ZERO DEATHS GRANT Police Department 4,219.02 Total 118473:4,219.02 SRIXON SPORTS USA INC 04/11/2022 118474 6845306 SO 101-45210-095 GOLF GLOVES Golf Course 92.70 SRIXON SPORTS USA INC 04/11/2022 118474 6851465 SO 101-45210-095 GOLF GLOVES Golf Course 254.94 SRIXON SPORTS USA INC 04/11/2022 118474 6855311 SO 101-45210-095 GOLF GLOVES Golf Course 466.26 SRIXON SPORTS USA INC 04/11/2022 118474 6858317 SO 101-45210-095 GOLF GLOVES Golf Course 92.70 SRIXON SPORTS USA INC 04/11/2022 118474 6864898 SO 101-45210-095 GOLF BALLS Golf Course 1,175.76 Total 118474:2,082.36 STA SAFE LOCKSMITH 04/11/2022 118475 0007709 101-43000-404 DOOR LOCK HANDLE REPAIR FRONT ENTRY O Public Works Department 228.80 Total 118475:228.80 STREICHERS POLICE EQUIP 04/11/2022 118476 1559112 101-42110-580 SWAT EQUIPMENT Police Department 445.99 STREICHERS POLICE EQUIP 04/11/2022 118476 1559638 101-42110-226 UNIFORMS - WIEBUSCH Police Department 79.99 STREICHERS POLICE EQUIP 04/11/2022 118476 1559742 101-42110-226 UNIFORMS - SONNEK Police Department 17.98 STREICHERS POLICE EQUIP 04/11/2022 118476 1559818 101-42110-226 UNIFORMS - SILTALA Police Department 54.99 STREICHERS POLICE EQUIP 04/11/2022 118476 1560844 101-42110-226 UNIFORMS PATCH Police Department 3.99 Total 118476:602.94 SWATMOD LLC 04/11/2022 118477 2022043 101-42110-437 MRAP TRAINING - MCCOY/SCHOENHERR Police Department 500.00 Total 118477:500.00 THE HOME DEPOT 04/11/2022 118478 02/18-03/17 101-43000-240 APPLIENCE DOLLY Public Works Department 56.91 THE HOME DEPOT 04/11/2022 118478 02/18-03/17 101-43000-404 SHELVES FOR COPY ROOM Public Works Department 125.98 THE HOME DEPOT 04/11/2022 118478 02/18-03/17 101-43000-404 CLEANING SUPPLIES Public Works Department 52.23 THE HOME DEPOT 04/11/2022 118478 02/18-03/17 701-49800-222 WIRE FOR SHOP 85.63 THE HOME DEPOT 04/11/2022 118478 02/18-03/17 101-43000-240 TAMPER FOR PATCH TRUCK Public Works Department 84.96 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118478:405.71 THONVOLD, JACK 04/11/2022 118479 2022.04 101-45200-212 FUEL Parks 31.47 THONVOLD, JACK 04/11/2022 118479 2022.04 101-45200-441 PESTICIDE LICENSE Parks 165.00 Total 118479:196.47 TimeSaver Off Site Secretarial Inc 04/11/2022 118480 M27212 101-41300-319 CC MEETING MINUTES Administration 227.00 TimeSaver Off Site Secretarial Inc 04/11/2022 118480 M27212 101-42400-319 PC MINUTES Building & Zoning 154.00 Total 118480:381.00 TREEBIZ LLC 04/11/2022 118481 1087 405-48500-580 GPS UNIT 9,658.00 Total 118481:9,658.00 ULINE 04/11/2022 118482 146532458 101-42110-240 SEALER Police Department 138.84 Total 118482:138.84 UNIFIRST CO 04/11/2022 118483 0900688534 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 04/11/2022 118483 0900688534 701-49800-221 SHOP TOWELS - PW 7.97 UNIFIRST CO 04/11/2022 118483 0900688534 101-43000-226 UNIFORMS - PW Public Works Department 113.33 Total 118483:140.80 UNIFIRST CORPORATION 04/11/2022 118484 0900685813 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CORPORATION 04/11/2022 118484 0900685813 701-49800-221 SHOP TOWELS - PW 5.90 UNIFIRST CORPORATION 04/11/2022 118484 0900685813 101-43000-226 UNIFORMS - PW Public Works Department 113.33 Total 118484:138.73 US Bank Equipment Finance 04/11/2022 118485 468450010 710-49970-413 COPIERS 596.76 Total 118485:596.76 VALLEY RICH CO 04/11/2022 118486 30586 601-49400-405 WATERMAIN BREAK @ 2515 KELLY Water 11,015.61 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118486:11,015.61 VARNER MOBILE SERVICES LL 04/11/2022 118487 9043 701-49800-402 REPAIR 424 ACTULATOR 2,039.56 VARNER MOBILE SERVICES LL 04/11/2022 118487 9226 701-49800-402 REPAIR UNIT 713 SCAN TEST 167.50 Total 118487:2,207.06 WACONIA FORD SALES INC 04/11/2022 118488 5007246 1 701-49800-222 431 REPAIR TASK#62835 673.14 WACONIA FORD SALES INC 04/11/2022 118488 610411/2 101-42110-402 2018 FORD EXPLORER - COOLANT LEAK/MOTO Police Department 104.33 Total 118488:777.47 WASTE MANAGEMENT RECYC 04/11/2022 118489 0091138-280 603-49500-316 RECYCLING 4/2022 16,901.77 WASTE MANAGEMENT RECYC 04/11/2022 118489 0091138-280 603-49500-316 RECYCLING MAR 22 ORGANICS 86.81 Total 118489:16,988.58 WATER CONSERVATION SVC IN 04/11/2022 118490 12212 601-49400-405 LEAK LOCATOR @ 2515 KELLY AVE Water 566.64 Total 118490:566.64 XCEL ENERGY 04/11/2022 118491 0958193673 101-45200-381 ELECTRIC SERVICE 02/27/22-03/28/22 Parks 14.12 Total 118491:14.12 ZONE ONE LOCATING 04/11/2022 118492 30383 601-49400-489 LOCATE CURBSTOP @ 2715 PENCE Water 182.00 Total 118492:182.00 FURTHER 03/31/2022 201301 01272022 101-21719 FSA 01/27/2022 95.84- FURTHER 03/31/2022 201301 15953411 101-41900-319 ADMINISTRATION FEE Central Services 1,500.00- FURTHER 03/31/2022 201301 15953411 hs 101-41900-319 PARTICIPANT FEE Central Services 49.50- Total 20130190:1,645.34- FURTHER 03/31/2022 201302 40145263 101-21719 FSA 03/10/2022 59.51 FURTHER 03/31/2022 201302 40145263 101-21719 FSA 03/10/2022 59.51- City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 20130227:.00 PUBLIC EMPLOYEES RETIREM 03/31/2022 201302 03242022 101-21704 PERA 03/07/22-03/20/22 40,410.56 Total 20130228:40,410.56 ALERUS RETIREMENT AND BE 04/11/2022 201302 C122406 101-41900-319 COBRA ADM FEE - 03/22 Central Services 46.00 Total 20130235:46.00 FURTHER 04/11/2022 201302 40147731 101-21719 FSA CLAIM REIMBURSEMENT 48.27 Total 20130236:48.27 ICMA RETIREMENT TRUST 45 04/11/2022 201302 ICMA MISSI 101-21705 457 - 04/7/2022 1,566.00 Total 20130237:1,566.00 MN STATE RETIREMENT-HCSP-04/11/2022 201302 EMPOWER - 101-21718 PEHSCP - 04/07/2022 24,547.86 Total 20130238:24,547.86 NATIONWIDE RETIREMENT 04/11/2022 201302 NATIONWID 101-21705 OBRA -04/07/2022 38.85 NATIONWIDE RETIREMENT 04/11/2022 201302 ROTH NATIO 101-21705 ROTH -04/07/2022 265.00 NATIONWIDE RETIREMENT 04/11/2022 201302 USCM NATI 101-21705 457- 4/07/2022 930.00 Total 20130239:1,233.85 OPTUM 04/11/2022 201302 OPTUM 040 101-21717 HSA - 04/07/2022 5,118.52 Total 20130240:5,118.52 PSN: PAYMENT SERVICE INVOI 04/11/2022 201302 256581 601-49400-312 WATER FUND PSN FEES Water 318.70 PSN: PAYMENT SERVICE INVOI 04/11/2022 201302 256581 602-49450-312 SEWER FUND PSN FEES Sewer 647.05 PSN: PAYMENT SERVICE INVOI 04/11/2022 201302 256719 101-41900-312 MISC PSN FEES Central Services 2.20 PSN: PAYMENT SERVICE INVOI 04/11/2022 201302 256875 101-41900-312 BUILDING PERMIT PSN FEES Central Services 11.00 Total 20130241:978.95 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 3/29/2022 - 4/11/2022 Apr 07, 2022 01:45PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount PUBLIC EMPLOYEES RETIREM 04/11/2022 201302 PERA - 0407 101-21704 PERA 03/21/22-04/03/22 40,506.06 Total 20130242:40,506.06 STATE OF MN DEFERRED COM 04/11/2022 201302 EMPOWER - 101-21705 457 - 04/07/2022 1,170.00 Total 20130243:1,170.00 Grand Totals: 728,412.50 AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval for the disposal of unclaimed property. 2. Background. The Orono Police Department has unclaimed property. The unclaimed property was found or abandoned within the city. The following property has not been claimed. All of the property has been in the department’s possession for more than 60 days. The police department considers the property as abandoned property and would like to dispose through K- Bid or similar public auction. 3. Disposal of Unclaimed Property. The Following abandoned property will be disposed of. a. Coco Carmen women’s purse b. Cabela’s soft sided bag containing misc. hand tools c. California Pac backpack with misc. comic books d. Schumacher 10 amp battery charger e. Stanley plastic tool box containing misc. junk and small hand tools f. Extreme Garage floor dryer g. Horizon brand sledge hammer h. 55” TV with broken screen (city clean up) i. Auto exhaust system with Catalytic converter half cut out 4. Staff Recommendation. I recommend that the disposal of unclaimed property. COUNCIL ACTION REQUESTED Motion to approve the disposal of the unclaimed property through K-Bid or other similar public auction. Item No.: 4 Date: April 11, 2022 Item Description: Approval to Dispose of Unclaimed Property Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to hire a full-time police officer. An opening exists for a full-time police officer. 2. Background. The police department is currently recruiting to fill 3 vacancies. 3. Recruitment. The selection process for the position involved advertising the position, application screening, and interviews. First round interviews are completed by a panel of currently swerving officers and second round interviews by the Chief of Police. Police Officer applicant must also successfully complete a Psychological Exam, a Physical (Pre-employment medical) exam and has pass the MN Peace Officers Standards and Training (POST) licensing exam. 4. Recommended Candidate. Brayden Sherman is currently employed as a Part-Time Police Officer in Foley and as a Court Deputy in Benton County. Sherman has a Criminal Justice Degree from Hennepin Technical College. He has taken the required examination and passed the POST licensing exam. Sherman is excited about the opportunity to work for the Orono Police Department. 5. Recommended Compensation. I recommend to hire Brayden Sherman as a full-time police officer with an effective start date of April 25, 2022. a. Salary. Starting rate of $33.66/hour (LELS Local 40 Agreement pay scale). b. Benefits. As a full-time employee the position is eligible for benefits as outlined in the LELS Local 40 Agreement and personnel handbook. This includes enrollment in the Police and Fire Plan of the Public Employees Retirement Association (PERA). COUNCIL ACTION REQUESTED Motion to approve the hiring of Brayden Sherman as a full-time police officer at the rate of $33.66 per hour with a start date of April 25, 2022. Item No.: 5 Date: April 11, 2022 Item Description: Request to Hiring Full-Time Police Officer Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: J. Lemons Reviewed By: Approved By: 1. Purpose. The purpose of this action item is to gain Council approval of seasonal employees. 2. Background. The city employs seasonal employees to accomplish a variety of tasks. The hourly pay is proposed to be $14.00-$15.00 for the Golf Course Clubhouse Attendants, Brush Site Attendants, and Sledding Attendants; $14.00-$16.00 for Parks and Golf Course Maintenance Employees, $14.00-$18.00 for Utilities Maintenance Workers, $15.00-$20.00 for the Assistant Golf Course Superintendent, and $14.00 for Administrative Scan Clerk. Seasonal employees fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. Name Position Wage (Per hour) Remarks Approved 01-10-2022 Bonnie Kaster Scan Clerk $14.00 Returnee Brian Torney Scan Clerk $14.00 Returnee Approved 02-14-2022 Mitchell Hall Asst. Superintendent $18.00 Returnee Alex Collins GC Maintenance $14.00 Returnee Lloyd Engler GC Maintenance $14.00 Returnee Barry Blievernicht Clubhouse Attendant $14.50 Returnee Marshall Hambro Clubhouse Attendant $14.50 Returnee Wendy Middendorf Clubhouse Attendant $14.50 Returnee Paul Tolzman Clubhouse Attendant $14.50 Returnee Steve Persian Clubhouse Attendant $14.00 New Hire Max Dailey Clubhouse Attendant $14.00 New Hire Zachary Conway Parks Maintenance $16.00 Returnee Approved 02-28-2022 Ron Steffenhagen GC Maintenance $16.00 Returnee Cal Schmidt GC Maintenance $16.00 Returnee Logan Reynolds Clubhouse Attendant $14.00 Returnee Approved 3-28-2022 Vicki Hines Brush site Attendant $14.50 Returnee Requesting Approval 4-11-2022 Chris Fowke Clubhouse Attendant $14.00 New Hire Dennis Goneau Clubhouse Attendant $14.00 New Hire Jessica Olson Clubhouse Attendant $14.00 New Hire 4. Staff Recommendation. Staff recommends approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employees as listed in the table above. Item No.: 6 Date: April 11, 2022 Item Description: Appointment of 2022 Seasonal Employees V5 Presenter: Joshua Lemons Parks and Golf Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: DJG Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to purchase vehicle and equipment diagnostic computer 2. Background. This unit helps the mechanic trouble shoot error codes with vehicles and equipment. In the past his was done from our vehicle repair contractor or dealership. The mechanic position allows us to trouble shoot internally going forward to save time and cost. The pro link provides thousands of tests, maintenance routines and programmable parameters including engines, transmissions, brakes, body and chassis, and instrument clusters. It including standard proprietary faults and data, eliminates the need to cross- reference generic codes to OEM codes, the unit will displays proprietary faults and data allowing the mechanic to trouble shoot more efficiently. The system is updatable as software upgrades are pushed out. 3. Cost. The City received a quote for the equipment and related accessories, listed below Company Company / Model Cost Snap On Industrial. Pro-Link Edge / Solus legend Analyzer $12,532.13 Total: $12,532.13 4. Funding. This project will be funded through the Equipment Fund. This item is not included in the 2022 CIP however even with its purchase at the end of year balance for the Equipment out lay fund is projected to be $570,000. 5. Staff Recommendation. I recommend approval of the purchase. COUNCIL ACTION REQUESTED Motion to approve Purchase of diagnostic computer from Snap on Industrial. Item No.: 7 Date: April 11, 2022 Item Description: Approve to Purchase of Vehicle and Equipment Diagnostic Computer Presenter: DJ Goman Public Works Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: J. Lemons Reviewed By: N. Dickhausen Approved By: 1. Purpose. The purpose of this action item is to make an appointment to the Park Commission. 2. Background. The Parks Commission is made up of seven regular members who serve three year terms. In addition the Commission can have alternate members. 3. Current Commissioners. Commissioner Term Expires Brian Roath March 1st 2023 Taylor Stevens March 1st, 2023 Kjersti Duval March 1st, 2023 Gordon Stofer March 1st, 2023 Rick Carter March 1st, 2025 Jan Berg March 1st, 2025 Cameron Porter March 1st, 2025 Alternate Commissioner Term Expires Casey Conrad Hudson March 1st, 2025 Alisa Benson March 1st, 2025 4. New Applicants. Staff received an application for the Parks Commission. The applicant was interviewed by the Mayor at the Council Work Session of March 28th. Alternate Commissioner Term Expires Sandra Rasmussen March 1st, 2025 5. Recommendation. The Mayor and Staff recommend appointment of Sandra Rasmussen as an Alternate Park Commissioner. COUNCIL ACTION REQUESTED Motion to adopt the Resolution No. 7262 Exhibits A. Resolution to Appoint Park Commissioner Item No.: 8 Date: April 11, 2022 Item Description: Appointment of Park Commissioners – Resolution No. 7262 Presenter: Joshua Lemons Parks and Golf Superintendent Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7262 A RESOLUTION DESIGNATING APPOINTMENTS TO THE ORONO PARKS COMMISION BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments for the Orono Parks Commission are as follows: APPOINTMENT/DESIGNATION Term End Name Park Commissioner, Alternate March 1st, 2025 Sandra Rasmussen Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held April 11, 2022 ATTEST: ______________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is renew our Master Contract with MnDOT. 2. Background. The City of Orono maintains a Master Service Contract with MnDOT (Exhibit A). The contract allows the city and MnDOT to provide services to one another and manage payments for the same. Examples of commonly used MnDOT services include asphalt plant QA/QC for our streets projects and assistance with traffic signal light replacements. 3. Cost and Funding. There is not cost for renewing the contract. Costs are included as services are rendered. Funding for MnDOT provided services normally comes from the project supported via the pavement fund or the Streets operating budget. 4. Staff Recommendation. I recommend renewal of the Master Contract. COUNCIL ACTION REQUESTED Move to approve renewal of the MnDOT Master contract and approve Resolution No. 7261 Reference A. MnDOT Master Partnership Contract. B. Resolution 7261 – Master MnDOT Partnership Contract Item No.: 9 Date: April 11, 2022 Item Description: MnDOT Master Contract Renewal – Resolution 7261 Presenter: Adam Edwards City Administrator/City Engineer Agenda Section: Consent Agenda MnDOT Contract Number: 1050196 Master Partnership Contract Template 1 Updated 02/09/2022 STATE OF MINNESOTA MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the “State” and the Orono City, acting through its City Council, in this contract referred to as the “Other Party.” Recitals 1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation‐related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a “Work Order” contracts. 7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on July 1st, 2022, or upon the date last signed by all State officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not begin work under this Contract until ALL required signatures have been obtained and the Other Party has been notified in writing to begin such work by the State’s Authorized Representative. 1.2. Expiration Date. This Contract will expire on June 30, 2027. 1.3. Exhibits. Exhibit A is attached and incorporated into this agreement. 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Other Party) for each particular engagement, except for Technical Services provided by the State to the Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully MnDOT Contract Number: 1050196 2 executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Other Party understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully‐executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. “Requesting Party” is defined as the party requesting the other party to perform work under a work order contract. “Providing Party” is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1. Technical Services include repetitive low‐cost services routinely performed by the State for the Other Party. If requested and authorized by the Other Party, these services may be performed by the State for the Other Party without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract (If you have questions regarding whether a service is covered under 2.1.1, please contact Contract Management). 2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Other Party the State’s then‐current rate for performing the Technical Services. The then‐current rate may include the State’s normal and customary additives. The State will invoice the Other Party upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring a Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services “means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task.” Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) cultural resources, engineering services, surveying, foundation recommendations and reports, environmental documentation, right‐of‐way assistance (such as performing appraisals or providing MnDOT Contract Number: 1050196 3 relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party’s professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man‐made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully‐executed work order in place. If work commences without a fully‐executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although “on call” work orders may be prepared for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will MnDOT Contract Number: 1050196 4 furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party’s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Other Party to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non‐ payment. 4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State‐approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de‐icing and anti‐icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right‐of‐way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti‐discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally‐assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other’s request, furnish copies of right of way certificates, easements, and construction permits. MnDOT Contract Number: 1050196 5 4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project work if such changes do not increase the Requesting Party’s cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party’s written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Other Party will tender the processing and defense of any such claims to the State upon the State’s request. 4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State’s Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right‐of‐ way, the following will apply: a. The Other Party will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Other Party, or its contractor, if work is suspended or stopped due to any such condition or concern. b. The Other Party will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. c. The Other Party will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. d. All improvements constructed on the State’s right‐of‐way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time 6.1. In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment MnDOT Contract Number: 1050196 6 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum” or “unit rate” payment. 7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Other Party under all work order contracts issued pursuant to this MPC will not exceed $500,000.00. 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written approval for such travel. 7.4. Payment 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Other Party. a. The Other Party will make payment to the order of the Commissioner of Transportation. b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM MNDOT. c. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1050196W[XX] and Invoice Number: 00000[#####] (see note above) Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. b. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State’s authorized representative. The balance due will be paid when the State’s authorized representative determines that the Other Party has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment 8.1. All work performed by the Providing Party under a work order contract must be performed to the Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and MnDOT Contract Number: 1050196 7 regulations. The Providing Party will not receive payment for work found by the Requesting Party to be unsatisfactory or performed in violation of federal or state law. 9. State’s Authorized Representative and Project Manager 9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State’s performance. 9.2. The State’s Project Manager will be identified in each work order contract. 10. Other Party’s Authorized Representative and Project Manager 10.1. The Other Party’s Authorized Representative for administering this master contract is the Other Party’s Engineer, and the Engineer has the responsibility to monitor the Other Party’s performance. The Other Party’s Authorized Representative is also authorized to execute work order contracts on behalf of the Other Party without approval of each proposed work order contract by its governing body. 10.2. The Other Party’s Project Manager will be identified in each work order contract. 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party’s right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Other Party. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability 12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other Party’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits 13.1. Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Other Party and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State. 14.2. Intellectual Property Rights MnDOT Contract Number: 1050196 8 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty‐free license to use such intellectual property for its own non‐commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation‐related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action 15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.2. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full‐time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full‐time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. MnDOT Contract Number: 1050196 9 15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.4. Minn. R. Parts 5000.3400‐5000.3600. 15.4.1. General. Minn. R. Parts 5000.3400‐5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non‐ compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400‐5000.3600 including, but not limited to, parts 5000.3420‐5000.3500 and 5000.3552‐5000.3559. 15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: a. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. d. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. e. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.4.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600 and is aware of the consequences for noncompliance. 16. Workers’ Compensation MnDOT Contract Number: 1050196 10 16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Other Party individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party’s responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue 18.1. Minnesota law, without regard to its choice‐of‐law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors 19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one‐half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. 20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, MnDOT Contract Number: 1050196 11 the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Other Party. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Other Party will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of funding within a reasonable time of the State’s receiving that notice. 22. Data Disclosure 22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Other Party to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits 23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party’s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Other Party will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Other Party, and will not be bound by the terms of any settlement entered into by the Other Party except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions 24.1. NONE [THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK] MnDOT Contract Number: 1050196 12 OTHER PARTY The Other Party certifies that the appropriate person(s) have executed the contract on behalf of the Other Party as required by applicable articles, bylaws, resolutions or ordinances. By: Title: Date: By: Title: Date: COMMISSIONER OF TRANSPORTATION By: Date: Title: COMMISSIONER OF ADMINISTRATION By: Date: Exhibit A – Table of Technical Services Master Partnership Contract Program FY 2023-2027 Date: 3/28/2022 Source Code Title Description 1735 Bituminous Plant Inspection Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with bituminous plant inspection. 2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic 2819 Bridge Curb, Walk And Railing Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median barriers on bridges. Includes related traffic control. 2820 Bridge Deck Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or slab overlays and replacements and underside deck delamination. Includes related traffic control. 2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control. 2827 Bridge Expansion, Relief Joints All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device bolts and replacing seal glands. Includes related traffic control. 2855 Bridge Inspection Direct Support Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance. 2828 Bridge Inspection-Federal Fund All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use Source Code 2824. 2824 Bridge Inspection-Non-Federal All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments. Includes related inspection reports and deck condition surveys. 1421 Bridge Management System Operation/Administration/Data Use for tasks related to the Bridge Management System, including operations, administration, or data entry. 2847 Bridge Poured/ Relief Joint Seal All tasks associated with resealing bridge construction joints. Includes related traffic control. Related source type codes: Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance). 2829 Bridge Superstructure All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and box girders. Includes related traffic control. 2316 Brush & Tree Removal Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump removal/grinding. Includes related traffic control. 0032 Business Unit Management All expenses of business/office managers for general management and administration of support functions. includes administering central facilities maintenance and facilities capital budgets. 3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA. Page 1 of 5 Source Code Title Description 1733 Concrete Plant Inspections Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with stationary concrete plants or mobile concrete paving plant inspection. 1734 Construction Materials Inspections Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete, reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices). 1802 Construction Surveying Use for surveys to provide staking for the contractor's operations and for any other construction phase surveying 2106 Crack Sealing All surface crack sealing, crack filling, or rout and seal operations. Includes related materials, hauling, stockpiling, and traffic control. 3023 Elec Comm Eq Rep - Miles 0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects. 1800 Field Inspection All construction project field inspection (not cyclical inspection of assets), including preparatory plans & spec review, measurement, and verification other than environmental monitoring. Includes field inspection of materials such as gradations, densities/DCP, proctors, compaction, slump tests, and field air tests. Witnessing claims, determination and computation of pay quantities, materials control and certification for progress vouchers, but not for final payments. Includes collecting and transporting samples for lab tests, but not the actual laboratory verifications. Includes all construction phase project related activities for project and resident engineers such as problem resolution, guidance and direction to field technicians. Includes all miscellaneous field engineering expenses used by district offices such as space rental, utilities, or other costs charged to the construction project Includes all work associated with evaluation of implementation of intelligent compaction devices to determine if construction contract terms have been met. 1040 Final Design Surveys All district field and office tasks needed to respond to supplemental "Requests for Survey Data" and add the data to the surveys base map or DTM. 0601 Gen Training Preparation - Delivery Use for time, materials, and travel expenses when developing or delivering training. includes course preparation, designing materials, and managing training records. 2210 Guardrail-Install/Repair/Maintenance Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement. includes related traffic control. 2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment. 1871 Lighting Maintenance & Utilities All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing, maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public inquiries/complaints, review utility billings, provide data, and conduct field reviews. Page 2 of 5 Source Code Title Description 1875 Locate One Call Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic management system, signal systems, or roadway lighting systems. 1732 Material Testing & Inspection Performing construction phase and research physical and chemical laboratory testing, and related technical services in the districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight deflectometer (FWD) testing. 2660 Misc Revenue Used only by Office of Financial Management for billing and deposit transactions and to record payments to the department for gravel sold to contractors and others. 2822 Miscellaneous Bridge Maintenance Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes work on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related traffic control. 3049 On Call Electronic Communications Infrastructure Maintenance To be used by Statewide Radio Communications personnel to record on-call time. 2142 Overhead Sign Panel Maintenance Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead sign structures. Includes related cable locates and traffic control. Does not include structural work. 2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching 1520 Pavement Management System For tasks related to the operation of the pavement management system, including development and maintenance/technical support. Includes tasks to meet needs external to MnDOT. 2406 Plowing & Material Application Shoulder to shoulder snow removal operation, winging back, snow blowing drifts, and the application of de-icing chemicals using mobile equipment. Includes changing cutting edges during event and related traffic control. 3005 Radio - Mobile Equipment Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list. 3027 Radio Programming Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used as fixed base radios as part of the Inter-OP System (Use 3009). 3002 Radio/Electronic Infrastructure Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project 3007 Radio/Electronic System Engineering Use for design of microwave, radio and miscellaneous electronic systems. 3009 Radio/Electronic System Upgrade & Installation Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic systems. Use for all work performed to correct or repair deficiencies found in a new installation. 1716 Record Sampling Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split sample. Page 3 of 5 Source Code Title Description 2222 Sign/Delineation/Marker Repair Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control. 1182 Soils/Foundation Field/Laboratory Tests All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability and triaxial tests. 1879 State Furnished Materials Use to record labor hours, equipment usage, and material costs to supply state furnished materials to a state road construction project with federal participation. 1738 State Project - Specific Materials Inspection Performing material inspection and engineering for materials designated for a specific construction project (SP). Generally applies to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and related technical services in the field and offices when related to a particular SP. Use for SP specific tasks related to performing the review of shop drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical services in the field and offices). 1434 Structural Metals Inspection-Non DOT Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices) for local agency projects. 2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit. 0152 Support Services Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other MnDOT systems, attending staff meetings and other indirect support activities. 1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT. 3025 Tower/Building Maintenance Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing, landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC. 1876 Traffic Counting Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field data, processing data, and developing new techniques for collection. 1501 Traffic Management System (TMS) Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information, managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables, monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use when providing traffic operations technical assistance external to MnDOT. Use with Page 4 of 5 Source Code Title Description 1513 Traffic Management System (TMS) Integration For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation. 1500 Traffic Mgt System Maintenance Used by staff to maintain various Intelligent Transportation System (ITS) devices such as dynamic message signs, ramp meters, cameras, detection, cables, RICWS, video wall monitors, switches, routers or modems. Used to record all costs for maintenance activities related to traffic management fiber optics. Not to be used for Lighting or Traffic Signal maintenance. 1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081). 2863 Traffic Signal Inspection Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures. Includes labor, equipment, materials, and traffic control. 1870 Traffic Signal Maintenance Work related to the structural repair and replacement of traffic signal system structures and all electrical maintenance for traffic signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public inquiries. 2834 Waterway Maintenance All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel protection repair that is not part of slope protection. Includes related traffic control. Page 5 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7261 A RESOLUTION TO PARTNER WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO COORDINATE THE DELIVERY OF TRANSPORTATION SERVICES Whereas, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and Whereas, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and Whereas, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs. Therefore, be it resolved, 1. That the City of Orono enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the Council. 2. That the proper city officers are authorized to execute such contract, and any amendments thereto. 3. That the City Engineer and Public Works Superintendent are authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer and Public Works Superintendent may execute such work order contracts on behalf of the City of Orono without further approval by this Council. Approved this 11th day of April, 2022. ATTEST: _______________________________ _____________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A. Carlson Approved By: 1. Purpose. To approve the dock license agreement with Joe Thull for Dock site BI-6 (Massasoit Avenue), as drafted by the City Attorney. 2. Background. On March 14th, the City Council directed the city attorney to draft a license allowing Joe Thull to dock his boat on a city dock to be installed within the extended right of way of Massasoit Avenue. Massasoit Avenue is commonly described as the 30 foot wide right of way south of 450 Big Island, and north of 440 Big Island, on the west side of the peninsula. 3. License. The City Attorney’s office drafted a license agreement based on the standards of the city code, Section 38-903 (b) and council direction, including the priority for acquisition of a license for the 2023 boating season. The license is attached as exhibit A. Joe Thull owns 480 Big Island, a land locked parcel north of the requested site. Mr. Thull is eligible to apply for a license. Mr. Thull has indicated that the boat to be stored is 2012 Bennington 20 SL, which will fit in the boat storage area identified on Exhibit C. State Registration has been applied for, but not yet received. 4. Fee. The license fee of $6,000 is applied to this license. 5. Staff Recommendation. Staff recommends approval of the license agreement as drafted. COUNCIL ACTION REQUESTED City Council should approve the license as drafted. Exhibits A. Draft License B. Dock layout References March 14, 2022 City Council packet/ Minutes Article VI. – Public Lakeshore, Lakeshore Rights of way and docks. Case LA21-000017 (480 Big Island Dock) ROW Item No.: 10 Date: April 11, 2022 Item Description: Big Island Dock License Request, Site BI-6, Joe Thull Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda 1 221274v1 DOCK SITE LICENSE AGREEMENT THIS LICENSE AGREEMENT is made on April 11, 2022 between the CITY OF ORONO, a Minnesota municipal corporation, located at 2750 Kelley Parkway, Orono, MN 55323 (the “City”), and Joe Thull, an individual who owns property at 6872 Highover Drive, Chanhassen, MN 55317 (“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 # BI-6 (“Dock Site”), as designated on the official Orono Dock Location Map, located in the right of way extended between 440 and 450 Big Island. 2. Term. The term of this License Agreement will commence on April 11, 2022 and expire November 1, 2022, unless terminated prior thereto as provided herein. If Licensee complies with all terms and conditions contained in this License Agreement and submits a valid license request for the next season that is received no later than April 15, 2023, the Licensee shall have priority for use of the dock for the next season. 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 household may obtain only one license. B. 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 lakeside 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 vacate the dock and adjacent public right of way. Any 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 Specifications. Docks within right-of-way on Big Island will not extend more than 24 feet from the Ordinary High Water Line (OHW). 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. 2 221274v1 G. Mowing. Licensee shall mow and maintain the Dock Site area. H. Trails and Sidewalks. Licensee shall not obstruct the right of way adjacent to the Dock Site in any way. I. 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 U.S. Coast Guard documentation or recently applied for DNR watercraft registration or U.S. Coast Guard documentation for each watercraft, at the time of application. This DNR registration or U.S. 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. A. No other watercraft shall be moored at a city dock site. License grants the Licensee one boat per dock site. J. Dock Accessories. All dock accessories must be approved in writing prior to use at the Dock Site. K. Storage Items. The Licensee shall not store any accessory items at the dock site except for the boat. The City may remove any accessory items from the dock site and treat it as abandoned property in accordance with law. L. Removal of Boat. Upon termination of a dock license, the Licensee must remove the boat. Any item that has not been removed will be removed by the City and treated as abandoned property in accordance with law. M. Dock and Dock Site Usage. Docks and dock sites may only be used after the City places the dock on the dock site. The city will endeavor to place docks on dock sites by May 1. The Licensee shall not be entitled to a prorated license fee if the City places the dock on the dock site after May 1. The Licensee shall cease using the dock and dock site on November 1 of each year. The Licensee shall remove the boat from the dock site no later than November 1 of each year. 4. Rights and Liabilities. Except as provided herein, 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. 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. 5. Subject to Inspections. All licensed docks are subject to inspection at reasonable times by the dock inspector or his or her designee. 6. 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. 3 221274v1 7. 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 fourteen (14) days, the Dock Administrator receives from the Licensee a written request for a hearing. 8. Indemnification. The Licensee shall be solely responsible for the dock license site and all activities thereon. The Licensee 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. 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. 9. 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. 10. 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. 11. Transferability. Big Island dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership, or corporation. Only the license holder may store a boat at the dock. 12. 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. 13. 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 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. 14. 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 4 221274v1 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. 15. 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. 16. 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. 17. License Fee. Licensee shall pay a license fee of $6,000.00 in full at the beginning of the term of the license by April 11, 2022. Failure to pay the license fee may be cause the denial of the license application. The license fees shall not increase during the term of a license. 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: Joe Thull 3 3 E D G E O F E X I S T I N G R I P - R A P E X I S T I N G D O C K E X I S T I N G C O N C R E T E P A T H / S T A I R S E X I S T I N G S H E D E D G E O F W A T E R L A K E M I N N E T O N K A O H W L = 9 2 9 . 4 f t ( N G V D 1 9 2 9 ) P R O P O S E D D O C K ( 3 F T x 2 0 F T ) 1 0 1 0 P R O P O S E D S T O R A G E U N I T ( 1 0 F T x 2 0 F T ) 5 0 F T O F F S E T T O S H O R E L I N E E X T E N S I O N O F M A S S A S O I T ' S R I G H T - O F - W A Y E X T E N S I O N O F M A S S A S O I T ' S R I G H T - O F - W A Y P R O P O S E D T E M P O R A R Y P L A T F O R M W / P O S T S P P 2 6 3 8 S H A D O W L A N E , S U I T E 2 0 0 C H A S K A , M I N N E S O T A 5 5 3 1 8 ( 9 5 2 ) 4 4 8 - 8 8 3 8 H:\ORNO\0C1125279\CAD\C3D\125279 V_PROP-E1_Big Island-2021.dwg 2/2/2022 1:16 PM ©Bolton & Menk, Inc. 2022, All Rights Reserved J O B N U M B E R : F I E L D B O O K : D R A W N B Y : F O R : R P R O P O S E D D O C K E X H I B I T B I G I S L A N D , O R O N O , M N P A R T O F : G O V ' T L O T 4 , S E C . 3 2 , T W P . 1 1 7 , R N G . 2 3 . , H E N N E P I N C O U N T Y , M N C I T Y O F O R O N O O C 1 . 1 2 5 2 7 9 A R K S H E E T 1 O F 1 100 FT OFFSET TO SHORELINE RSCALE IN FEET 010 LEGENDCAST IRON MONUMENT FOUNDMONUMENT FOUNDTREE-DECIDUOUS TREE-DEAD TREE-CONIFEROUSSECTION LINE CENTERLINERIGHT OF WAY DESCRIPTION OF PROPERTY SURVEYED:Part of Massasoit Avenue, as dedicated in Morse Island Park, according to therecorded plat thereof, being part of Government Lot 4 of Section 23, Township117, Range 23, Hennepin County, Minnesota.SURVEYOR'S NOTES:1. Orientation of the bearing system is based on the west line of Government Lot 4 o f S e c t i o n 23, Twp. 117, Rge. 23, Hennepin County, Minnesota, which is assumed to have a b e a r i n g o f South 02 degrees 21 minutes 34 seconds West.2. The purpose of this survey is to show the location of a proposed dock. 5 4 " 5 8 " 4 5 " 4 8 " 5 2 " 5 5 " 5 5 " 5 2 " NOTE:Depth of w a t e r i n i n c h e s . M e a s u r e m e n t r e f l e c t o b s e r v e d 1 / 1 3 / 2 0 2 1 . +16 inches r e f l e c t i n g M C W A w a t e r d e p t h . C o u n c i l E x h i b i t C B I - 6 From:Alice Reimann To:Jeremy Barnhart Cc:Alice Reimann Subject:Big Island Dock Date:Monday, April 11, 2022 8:01:47 AM Jeremy, please add this letter to the Mayor and members of the Orono City Council packet for tonight’s meeting. Sorry for the tardiness. Alice A brief message to the Orono City Council Members, As this dock issue continues to be addressed by the Council on Monday April 11, I trust that the direction Council Member Johnson was addressing at the March 14th, 2022 meeting will be ironed out. Or now, I see that this license issue has been addressed again, and a legal document prepared, I think. Mr. Thull wants the city of Orono to build a dock for him and annually put it in in the spring and remove it in the fall. Seasonally, a dock slip on Lake Minnetonka leases for $5,000 to $7,500 depending on circumstances AND the cost to put in and remove a dock along the waterfront costs us $2,300 annually. I believe at the last meeting you were making these discoveries. I now see in the meeting packet that the license fee drafted will be $6,000. Is that annually? Not clear. I hope that is addressed at the meeting. What is the running period for the lease agreement. What are the specifics of the lease? I would like to see the lease. Please also be aware that this is precedent-setting and there will be more requests. Actually 2 precedent setting moves. 1) An inland lot owner can come to the city and say, “I want my dock”. And 2) "I want to choose my access point." I ask you again, why the flat, 90’ wide access point (with no cost to prepare) where presently the city has granted access via docking rights to 2 other inland lot owners is not in question. WHY is this access point not being considered? Mr. Thull gets to pick his access point??? Again, why does he have this right? OR, America's Boating Club of Minnetonka, formerly the Power Squadron could be his docking spot for the annual fee of nothing to the City of Orono. It is right there and gives access to the island! This dock and future docks will be a big headache to the city for years to come. I also want to remind that this inland lot has NO running water to put out a fire, and no septic system on his unimproved 480 BI lot. Much to consider, Thank you for your time, Alice Reimann 440 BI Alice Reimann alice.reimann@gmail.com 612-875-5320 Item 10 From:Alice Reimann To:Jeremy Barnhart Cc:Alice Reimann; John Reimann Subject:More for packet-PULL BI DOCK FROM THE AGENDA Date:Monday, April 11, 2022 10:40:23 AM Hello Jeremy, Please include this additional letter from the Reimanns in the Council packet for tonight. Again, sorry for tardiness. To Mayor Walsh, Orono City Council Members and Jeremy: PLEASE REMOVE BIG ISLAND DOCK, ITEM NUMBER 10 from the Council meeting tonight. We have additional thoughts: We respectfully request the new concept of this dock licensure program at Big Island be denied. The item should be pulled from the agenda tonight. Since the Council and Mayor assured our neighbors Jeff and Olivia Hornig of 450BI (therefore ourselves) we have been blind-sighted by this process. Our schedules were planned to be out of town until April 15 and we are therefore unable to attend tonight’s meeting in person. It seems unreasonable for us to abandon our grand-fathered dock location in use since 1909 building of the cabin we purchased. We respectfully request adequate time for a plan and more time taken to review all this by the Council. Please vote to deny or table with refund for the licensee's application. The Big Island dock item should be pulled from the agenda. Thank you, John and Alice Reimann 440 Big Island Item 10 From:Alice Reimann To:Jeremy Barnhart Cc:Alice Reimann Subject:Big Island Dock Date:Monday, April 11, 2022 8:01:47 AM Jeremy, please add this letter to the Mayor and members of the Orono City Council packet for tonight’s meeting. Sorry for the tardiness. Alice A brief message to the Orono City Council Members, As this dock issue continues to be addressed by the Council on Monday April 11, I trust that the direction Council Member Johnson was addressing at the March 14th, 2022 meeting will be ironed out. Or now, I see that this license issue has been addressed again, and a legal document prepared, I think. Mr. Thull wants the city of Orono to build a dock for him and annually put it in in the spring and remove it in the fall. Seasonally, a dock slip on Lake Minnetonka leases for $5,000 to $7,500 depending on circumstances AND the cost to put in and remove a dock along the waterfront costs us $2,300 annually. I believe at the last meeting you were making these discoveries. I now see in the meeting packet that the license fee drafted will be $6,000. Is that annually? Not clear. I hope that is addressed at the meeting. What is the running period for the lease agreement. What are the specifics of the lease? I would like to see the lease. Please also be aware that this is precedent-setting and there will be more requests. Actually 2 precedent setting moves. 1) An inland lot owner can come to the city and say, “I want my dock”. And 2) "I want to choose my access point." I ask you again, why the flat, 90’ wide access point (with no cost to prepare) where presently the city has granted access via docking rights to 2 other inland lot owners is not in question. WHY is this access point not being considered? Mr. Thull gets to pick his access point??? Again, why does he have this right? OR, America's Boating Club of Minnetonka, formerly the Power Squadron could be his docking spot for the annual fee of nothing to the City of Orono. It is right there and gives access to the island! This dock and future docks will be a big headache to the city for years to come. I also want to remind that this inland lot has NO running water to put out a fire, and no septic system on his unimproved 480 BI lot. Much to consider, Thank you for your time, Alice Reimann 440 BI Alice Reimann alice.reimann@gmail.com 612-875-5320 Item 10 AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A. Carlson Approved By: 1. Purpose. To authorize staff to solicit proposals for Septic system plan review and inspections. 2. Background. In meeting with MnSpect last month to discuss logistical challenges with the septic review process, staff learned that the septic services they provide are done at a loss. They appeared open to altering this portion of the contract. Their septic review and inspection is done via a third party. Learning this, staff believes it to be in the best interest of the city to retain a separate contract until the Building Official completes the Septic accreditation (about 2 years). 3. Comment. Staff proposes to advertise for septic services, including contacting Hennepin County to understand their program as an option to be explored. 4. Staff Recommendation. Staff seeks authorization to advertise the RFP as attached COUNCIL ACTION REQUESTED Authorize the advertisement of an RFP for Septic Services. Exhibits A. RFP Item No.: 11 Date: April 11, 2022 Item Description: Request Authorization to Advertise for Septic Inspector/ Plan review contractor – RFP Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda 1 CITY OF ORONO, MINNESOTA REQUEST FOR PROPOSALS FOR SUBSURFACE SEWAGE TREATMENT SYSTEMS (SEPTIC) PLAN REVIEW AND INSPECTION SERVICES SECTION 1. REQUEST FOR PROPOSALS FOR PLAN REVIEW AND INSPECTION RELATED TO SUBSURFACE SEWAGE TREATMENT SYSTEMS. The City of Orono is requesting proposals from firms for plan review and inspection services related to Subsurface Sewage Treatment Services (SSTS Services). SECTION 2. GENERAL INFORMATION A. The City of Orono is a managed growth community of 8,100 people located 20 minutes west of Minneapolis on Lake Minnetonka. Orono encompasses an area of 24 square miles, 30% of which is Lake Minnetonka. Orono operates as a Statutory Plan A City. The City has a Planning, Zoning and Building Department headed by a Community Development Director. B. Since 2019, the City has issued 72 permits for new or replacement septic systems. Included in that number is a number of repair permits. No included in that number is many review of potential permits for impacts to existing or future systems, or the review of subdivision proposals and their septic needs. The City has about 1100 Septic systems within its border. C. The City places a high value on Customer service and strives to: 1. Be a leader in customer service in the public sector by displaying professionalism and being responsive to community needs; 2. Provide efficient and effective support to all departments; 3. Work as a department to review, develop, revise, implement, and integrate processes and strategic goals to best serve the residents and customers of Orono; 4. Realize the goals of the City through the consistent and accurate application of rules, policies, and plans developed and enacted by the City Council. SECTION 3. GENERAL INSTRUCTIONS AND TIMETABLE A. All proposals should be sent and all questions and correspondence should be directed to the City of Orono, Jeremy Barnhart, Community Development Director (952-249-4626, jbarnhart@ci.orono.mn.us) at 2750 Kelley Parkway, Orono, MN 55356. 2 B. All proposals must be received at the City offices no later than 4:00 p.m., Thursday, April 28, 2022. C. Proposals must be signed by an authorized representative of the company. D. Proposals should be limited to a maximum of 30 pages, including all supporting documentation. E. In order to ensure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts with the City staff or Councilmembers regarding their proposals. F. The City staff plan to review and analyze all proposals in early May 2022 and schedule interviews with one or more firms in May, 2022. The City plans to make a final selection by June 13, 2022. G. The effective date of Inspection services commencement will be negotiated to assure a smooth transition in services, but the transition is expected to occur expeditiously. H. The term is expected to be at least two years, subject to ongoing review and evaluation by the City. SECTION 4. REQUIRED CONTENTS FOR PROPOSALS: A. Title Page. Show the proposal subject, the name of the proposer’s firm, address, telephone number, e- mail address, name of the contact person, and the date. B. Identification and Qualification of Assigned Personnel. 1. Describe your firm’s capacity for providing SSTS Services as indicated in this RFQ. 2. Describe the training and experience (including years) of the persons who will be providing Inspection services. Please provide resumes for all key staff that will be providing services. C. Basis for Compensation 1. Provide a proposed hourly rate schedule, including any multipliers or pay factors for overhead to complete the Service. 2. If you are proposing a fee based on a percentage of permit fees or plan check fees, include any variables or assumptions that would influence the city’s financial responsibility. Indicate what services are to be provided within the scope of the retainer. D. List of References, Potential Conflicts, and Claims 1. Provide at least three references from public clients, at least two of which are from cities of similar size for whom similar services have been performed within the past five years. 2. Describe the procedure employed by your firm for identifying and resolving conflict of interest issues. State any potential conflict(s) of interest (i.e. real estate developers, other units of government, etc.) that your firm may have in providing services as outlined in this RFQ. 3. Provide a statement of any insurance claims and/or ethics complaints taken against the firm or firm’s official(s) over the last five years and the status or outcomes of such action. Please indicate whether the action is pending or is currently under review by the State Ethics Board, E. Detailed Response to the Scope of Services 1. The proposal should address in a detailed fashion the approach of the firm to providing Septic plan review and inspection. SECTION 5. SCOPE OF WORK 3 A. The City uses Citizen Serve as its online application, review, permitting program. The Firm will be expected to utilize this service, the City will provide one license. B. Septic Program a. Manage the City’s individual on-site Septic System Program in accordance with applicable State Law including all plan review, inspections, reports and documentation. b. Maintain appropriate State accreditation. SECTION 6. PROPOSAL EVALUATION: A. The City intends to retain the services of the firm evaluated to be the best qualified to perform the work for the City, with experience, compatibility, cost, and other performance factors considered. B. A committee of city staff and Council member(s) will evaluate the applications based on the 100- point scale listed below. Interviews may be conducted to finalize the selection. The committee will make a recommendation to the City Council for formal approval. 1. The firm’s approach to, and understanding of, the Scope of Services (25 pts.) 2. The experience and qualifications of key personnel (25 pts.) 3. The firm’s experience and performance with similar contracts and clients (15 pts.) 4. Cost of services (35 pts.) C. The City shall not be liable for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation and submission of the proposal, attendance at interviews, or final contract negotiations. D. The City reserves the right to request additional information from any and all proposers for purposes of clarification, and to accept or negotiate any modification to any proposal received by the posted deadline. SECTION 7. TERMS AND CONDITIONS: A. The City reserves the right to reject any or all proposals or to negotiate a contract that is in the best interest of the City at the sole discretion of the City Council. B. The contract for services will require that the firm selected maintain general liability, automobile, worker’s compensation, and errors and omissions insurance. The contract will also contain provisions requiring the selected firm to indemnify the City and firm serves at the will of the City Council and the City Council has the right to terminate the agreement, at its sole discretion, upon the provision of notice. C. The contract for services will require the firm provide all equipment necessary to perform the functions of the job, including cell phones, mobile computers, vehicles, and office equipment. SECTION 8. REQUEST FOR PROPOSALS AND SELECTION SCHEDULE Advertise and Distribute RFP: April 11, 2022 RFP Submittal Deadline: April 28, 2022 Interviews: May, 2022 Award: May 23, 2022 Start Date: June/ July, 2022 AGENDA ITEM Prepared By: LLO Reviewed By: J. Barnhart Approved By 1. Purpose. The applicant is requesting an Average Lakeshore Setback (ALS) variance to permit the addition and deck improvements to the house to be lakeward of ALS. 2. Background. The existing home with a walk out basement on the property is nonconforming to the average lakeshore setback. The applicant is requesting to build a basement level addition with a deck above along the lake side of the home. The addition will be a fully enclosed storage area under the deck which will only be accessible under the deck. The proposed deck will be the same height as the existing deck. The project is proposed to be lakeward of the average lakeshore setback. All other city codes are met with the project. The addition does not impact views into the lake from any neighbor. 3. 15.99 Deadline. A complete application was made on February 25, 2022. Following the 60- day rule the application will expire April 26, 2022. 4. Planning Commission Vote and Comment. The Planning Commission held a public hearing on March 21, 2022. No comments were made by the public. There was some discussion of the scope of the project with the applicants. The applicants noted that the basement addition may not happen based on direction from their landscape contractor. The planning commission noted that whether proposed deck addition would create the same expansion into the footprint with or without the basement addition. The Planning commission recommend 4-0 for approval of the application with direction to clarify the plans before city council takes any action. The homeowners since coordinated with their contractor and the applicant confirms the submitted plans are accurate to the proposed project. 5. Public Comment To date, the applicant has submitted a letter of acknowledgment from 1284 Wildhurst Trail (southern neighbor) which would be the most impacted by the proposed project, attached as Exhibit D. 6. Staff Recommendation. Planning Department Staff recommends approval of the variance as proposed. COUNCIL ACTION REQUESTED Move to adopt Resolution 7260 at Exhinit A. Exhibits Exhibit A. Proposed Resolution Exhibit B. Proposed Plans Exhibit C. Draft PC Minutes Exhibit D. Public Comment Exhibit E. PC Staff Report References PC Exhibits Item No.: 12 Date: April 11, 2022 Item Description: LA22-000008, Jon Byington o/b/o Travis Dejong, 1270 Wildhurst Trail, Variance, Resolution 7260 Presenter: Laura Oakden Planner Agenda Section: Consent Agenda Exhibit A. Application Summary and Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey and Ariel Images Exhibit D. Proposed Plans and Elevations Exhibit E. Neighbor Comments Exhibit F. Property Owners List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7260 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA22 -000008 WHEREAS, on February 25, 2022, Travis and Julie Dejong (“Applicants”), applied for a variance from the City Code for the property addressed 1270 Wildhurst Trail and legally described as: Tract A, Registered Land Survey No. 1132, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow a basement addition and deck expansion lakeward of the average lakeshore setback; and WHEREAS, on March 21, 2022, 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 March 21, 2022, the Planning Commission recommended approval of the variance; and WHEREAS, on April 11, 2022, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000008. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7260 2 3. The Property contains 0.97 acres in area and has a defined lot width of 112 feet. 4. The Property is within Tier 1 and hardcover is limited to 24.2 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Average Lakeshore Setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the average lake shore setback is to preserve neighboring properties’ views of the lake. The proposed encroachment will not impact these views. 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The placement of the addition is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; The existing conditions of the existing home on the lot and the extreme average lakeshore setback due to the neighbor to the north are circumstances not created by the landowner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS will not impact the character of the locality 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7260 3 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, a single family home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The extreme distance of the average lakeshore setback due to the neighbor to the north is unique to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions do not apply to other land and structures in the district due to the unique ALS for this neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states this to be true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed encroachment is not anticipated to impair any health or safety goals of the city. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Per the applicant, granting this proposal is not for convenience. Granting is necessary to limited buildable site a reasonable use and very reasonable and minor improvement. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow a home addition and deck expansion lakeward of the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 12/23/2021 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7260 4 completed within one year of the date of Council approval, or the variance will expire on that date (April 11, 2023). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this ______ day of ________________, 20__. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Tr a v e r s e P C Tr a v e r s e P C 1. LA22-000008, JON BYINGTON O/B/O TRAVIS DEJONG, 1270 WILDHURST TRAIL, AVERAGE LAKESHORE SETBACK VARIANCE (STAFF: LAURA OAKDEN) Travis and Julie DeJong, Applicants, were present. Staff presented a summary packet of information. Ms. Oakden noted the Applicant is requesting an Average Lakeshore Setback (ALS) variance to put an addition and deck improvement to a house that is forward of the ALS. The existing home is non-conforming to the ALS. The Applicant has identified the current location of the home and the location of the northern neighbor’s home as reasons for practical difficulty. Staff agrees with the Applicants arguments for practical difficulty due to the extreme setback of the northern neighbor’s home and that the new addition and deck will not create any new view obstructions for the neighbors. The Applicant submitted a letter of acknowledgement from 1284 Wildhurst Trail which is the southern neighbor who would be the most impacted view of the project. Staff recommends approval of the ALS variance as proposed. Jon Byington, 905 Maplecrest Drive, Minnetrista, stated they are building an area for storage for outdoor and lake activities such as canoes, bikes, and lawn mowers. It will not be accessed through the house. Julie DeJong, 1270 Wildhurst Trail, clarified that this is not an addition to the house but is a separate, outside entrance only with a garage-style door. It does not obstruct the neighbor’s view and maintains the same height as the previous deck. Chair McCutcheon opened the public hearing at 6:08 p.m. Chair McCutcheon closed the public hearing at 6:08 p.m. Libby asked if he missed any engineering reviews in the package regarding grading. Oakden replied the engineer has not reviewed the application yet as it is being built into an existing grade and will have a minimal amount of grading. She clarified it will be reviewed at the time of the building permit. Chair McCutcheon noted the Applicant is not asking for more but is maintaining the current setback and the neighbor to the north has an extreme setback which the Commissioners have seen before. Community Development Director Barnhart asked to clarify terms, noting the Applicant stated the building was not an addition. The site plan shows the building is to be attached even if there are not access doors between the areas. If the building was not attached it is considered a separate building and there is a 10 foot setback required. He confirmed with the builder that the building will be attached. Oakden noted they are proposing a full foundation footing wall attached to the wall underneath the enclosed deck. Access will be exterior only. Barnhart stated the Commission could table the application pending further information and clarification, or Ms. Oakden can clarify the review before it goes to City Council. The Commissioners discussed the item. Erickson moved, Peterson seconded, to approve LA22-000008, 1270 Wildhurst Trail, Average Lakeshore Setback Variance as applied with additional clarification provided to Staff before the City Council meeting. VOTE: Ayes: 4, Nays 0. Date Application Received: 01/19/2022 Date Application Considered as Complete: 02/25/2022 60-Day Review Period Expires: 04/26/2022 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, LLO Date: March 21, 2022 Subject: LA22-000008, Jon Byington o/b/o Travis Dejong, 1270 Wildhurst Trail, Variance, Public Hearing Background The existing principle home on the property is nonconforming to the average lakeshore setback. The applicant is requesting to build a basement level addition with a deck above with along the south side of the home with a fully enclosed storage area under the deck connected to the basement of the home. The proposed deck will be the same height as the existing deck so the existing home will maintain the same defined height. The project is proposed to be lakeward of the average lakeshore setback. All other city codes are met with the project. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the current location of the home and the grades as practical difficulties. The location of the northern neighbor’s home creates an extreme ALS across the subject property as another practical difficulty supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s arguments for practical difficulty due to the extreme setback on the northern neighboring home which limits a viable building envelope for the property and the new proposed addition and deck will not create any new view obstructions for the neighbors. Staff supports the variance request. LOT ANALYSIS WORKSHEET Section 78-330– Setbacks: DISTRICT LR-1B Required Existing Proposed Rear 30’ 106’ No Change Side (North) 10’ 37.7’ No Change Side (South) 10’ 56.3’ 36.9’ Application Summary: The applicant is requesting an Average Lakeshore Setback (ALS) variance to permit the addition and deck improvements to the house to be lakeward of ALS. Staff Recommendation: Planning Department Staff recommends approval of the variance as proposed. LA22-000008 March 21, 2022 Page 2 of 4 Lakeshore 75’ ~ 126’ ~ 126’ Average Lakeshore Not Met Section 78-330 – Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 43,560 s.f. (1 acres) 140’ Actual 42,282 s.f. (0.97 acres) 112’@ OHWL 125@ 75’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 42,282 s.f. (0.97 acres) Allowed: 8.456.4 s.f. (20%) Existing: 2,731 s.f. (6.4 %) Proposed: 3,174 s.f. (7.5 %) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 42,282 s.f 10,570 s.f. (25 %) 9,816 s.f. (23.2%) 10,232 s.f. (24.2 %) • The application did no exclude the existing retaining walls in their calculations. The amended existing hardcover is 9,613 (22.7%) and proposed hardcover is 10,029 (23.7%) Applicable Regulations: Section 78-1279 (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. The average lakeshore setback line is roughly 150’-185’ back from the OHWL of Lake Minnetonka. The existing home is located lakeward of the ALS, 126’ feet from OHWL. The proposed addition is connected to the existing home and is proposed to maintain the same lake setback at 126’ from OHWL and creating a new encroachment. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique LA22-000008 March 21, 2022 Page 3 of 4 to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the average lake shore setback is to preserve neighboring properties’ views of the lake. The proposed encroachment will not impact these views. 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The placement of the addition is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; The existing conditions of the existing home on the lot and the extreme average lakeshore setback due to the neighbor to the north are circumstances not created by the landowner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS will not impact the character of the locality Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, a single family home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The extreme distance of the average lakeshore setback due to the neighbor to the north is unique to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions do not apply to other land and structures in the district due to the unique ALS for this neighborhood. LA22-000008 March 21, 2022 Page 4 of 4 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states this to be true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed encroachment is not anticipated to impair any health or safety goals of the city. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Per the applicant, granting this proposal is not for convenience. Granting is necessary to limited buildable site a reasonable use and very reasonable and minor improvement. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, the applicant has submitted a letter of acknowledgment from 1284 Wildhurst Trail (southern neighbor) which would be the most impacted by the proposed project, attached as Exhibit F. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variance as proposed. List of Exhibits Exhibit A. Application Summary and Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey and Ariel Images Exhibit D. Proposed Plans and Elevations Exhibit E. Neighbor Comments Exhibit F. Property Owners List and Map AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding an average lakeshore setback variance to construct additions on the lake side of the existing home. 2. MN§15.99 Application Deadline. The application was received on February 23, and considered to be complete on March 7, 2022. Therefore the 60-Day review period expires on May 6, 2022. 3. Background/ Summary. The property is situated on linear shoreline with a meander which creates an abnormal average lakeshore setback affecting the subject property and the immediate lakeshore neighbors. The owners have proposed new additions on the lake side of the home which will encroach approximately 15 feet into the average lakeshore setback; these additions include a 14’ x 14.5’ kitchen addition and a 16’ x 16’ three season porch addition. They also propose to rebuild an existing deck with a slightly expanded footprint (squaring off currently clipped corners). The deck will encroach 21.5 feet into the average lakeshore setback, no closer to the lake than the existing deck. The three season porch partially encroaches up to approximately 9 feet. 4. Planning Commission Vote and Comment. On March 21st, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 4 to 0 on a motion in favor of approval for the requested average lakeshore setback variance as presented. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Move to adopt resolution 7259 at Exhibit A. Exhibits A. Proposed Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References Item No.: 13 Date: April 11, 2022 Item Description: LA22-000013 – JALIN Design LLC o/b/o Dale and Cynthia Wunderlich, 2726 Caroline Avenue, Variance – Resolution No. 7259 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: PC Exhibits 03/21/2022 A. Application & Narrative B. Practical Difficulties Documentation Form C. Existing Conditions Survey D. Proposed Survey E. Proposed Plans and Elevations F. Submitted Hardcover Calculations G. Aerial Photos H. Neighbor Comments I. Property Owners List J. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7259 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA22 -000013 WHEREAS, on February 23, 2022, Dale and Cynthia Wunderlich (hereinafter the “Applicants”), applied for a variance from the City Code for the property addressed 2726 Caroline Avenue and legally described as: Lot 1, Block 1, Carmans Bay Addition, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of home additions lakeward of the average lakeshore setback; and WHEREAS, on March 21, 2022, 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 March 21, 2022, the Planning Commission recommended approval of the variance as requested; and WHEREAS, on April 11, 2022 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000013. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7259 2 3. The Property contains 0.8 acres in area and has a defined lot width of 122 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Average Lakeshore Setback Variance 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variance is in harmony with the purpose of the Ordinance. The Property includes difficulties in its shape, the orientation of the shoreline, location of adjacent homes, and the existing home’s proximity to the lake. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to construct additions to the home on this Property are consistent with the comprehensive plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the home additions in the proposed location partially within the average lakeshore setback appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore, the existing vegetative screening, and adjacent properties creates difficulties. The request is reasonable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7259 3 b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape of the Property and shoreline, the existing home’s location with respect to the lake and the neighboring home locations prevent lakeside expansions of the residential footprint consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality.” The variance is requested in order to permit construction of additions to the home designed to fit the character of the neighborhood according to the submitted information. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a single family home is an allowed use in the LR-1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The Property’s unique shape and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes create difficulties for the owners in improving the property consistent with the homes in their neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s unique shape, shoreline orientation, and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7259 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting the average lakeshore setback variance is necessary for the preservation of the property right of the owners. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variance in this unique situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The requested variance is necessary, and does not merely serve as a convenience to the Applicants. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of new home additions 21.5 feet lakeward of the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey by Sathre Bergquist dated 12/08/2021 and revised 02/18/2022 and building plans dated 02/22/2022 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (April 11, 2023). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of April, 2022. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7259 5 ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 7" D R I N K LE D G E RA I S E F L O O R 7 " N E W 1 1 - 7 / 8 " T J I J O I S T S @ 1 6 " O . C . S H E L V E S 80 " TV S H E L V E S S H E L V E S 80 " TV S H E L V E S EN G . W O O D ME D I A R O O M 19 ' 9 " x 1 8 ' 0 " 5' x 9 ' P I N G P O N G 8' P O O L T A B L E EN G . W O O D PI N G P O N G / B I L L I A R D S 15 ' 0 " x 2 2 ' 0 " A1 . 0 PR O P O S E D LO W E R L E V E L WA L L & D O O R K E Y EX I S T I N G T O R E M A I N EX I S T I N G T O B E R E M O V E D , UN L E S S N O T E D O T H E R W I S E 2' 0 " EX I S T I N G D O O R T O B E R E M O V E D EX I S T I N G D O O R T O R E M A I N NE W O R R E L O C A T E D D O O R NE W C O N C R E T E B L O C K F O U N D A T I O N NE W F R A M E D W A L L / F U R R I N G NO R T H F. D . FU R N A C E EL E C WA T E R W. H . RE T U R N S RE G RE G RE G RE G RE G • E X I S T I N G M A I N L E V E L F I N I S H : 2 , 3 7 9 S F • E X I S T I N G L O W E R L E V E L F I N I S H : 1 , 6 5 2 S F TO T A L F I N I S H E D A R E A : 4 , 0 3 1 S F • E X I S T I N G G A R A G E : 1 , 0 1 1 S F PL A N N O T E S : EX T E R I O R D I M E N S I O N S A R E S H E A T H I N G T O S H E A T H I N G SQ U A R E F O O T A G E : WI N D O W S A N D D O O R N O T E S : • M A R V I N E L E V A T E W I N D O W S ( W H I T E - E X T / W H I T E - I N T ) CO D E M A X . U V A L U E = . 3 2 M A X . S H G C = . 3 5 • A L L W I N D O W S S E T 8 ' - 0 " O N M A I N L E V E L , 6 ' 9 " O N U P P E R L E V E L • B U I L D E R T O P R O V I D E W I N D O W OR D E R L I S T W I T H U = F A C T O R S SH G C . & S T C R A T I N G F O R E A C H W I N D O W & E X T E R I O R D O O R • B U I L D E R T O V E R I F Y A L L W I N D O W , D O O R & O P E N I N G H D R . H T S . • A B B R E V A T I O N S FP . = F A L L P R O T E C T I O N EG R E S S = C O D E C O M P L I N E T E G R E S S W I N D O W TE M P = W I N D O W R E Q U I R E S T E M P E R E D G L A S S FL O O R S Y S T E M N O T E S : • A L L F L O O R S T O B E L / 4 8 0 • F L O O R T R U S S M A N U F A C T U R E R T O V E R I F Y F R A M I N G B E L O W GR A N I T E T O P S , T U B S , T O I L E T S A N D T I L E A R E A S A B O V E • F L O O R T R U S S M A N U F A C T U R E R T O P R O V I D E H E A T S U P P L Y & RE T U R N C H A S E L O C A T I O N S I N T R U S S E S • B U I L D E R T O P R O V I D E C I T Y W I T H T R U S S L A Y O U T P L A N S FL O O R P L A N N O T E S : • E X I S T I N G M A I N L E V E L H A V E 8 ' 0 " C E I L I N G S U . N . O . • 2 x 6 S T U D S @ P O C K E T D O O R P L U M B I N G V E N T W A L L S ( U . N . O . ) • D O U B L E S T U D S A T A L L W I N D O W & P A T I O D O O R H E A D E R S ( U . N . O . ) • P R O V I D E L V L / L S L S O L I D B L O C K I NG A T A L L P O I N T L O A D S , S U P P O R T BE A M S , M I C R O L A M S A N D G I R D E R T R U S S E S T O F O U N D A T I O N • P R O V I D E F I R E B L O C K I N G V E R T I CA L L Y @ C E I L I N G S & F L O O R S & HO R I Z O N T A L L Y @ I N T E R V A L S N O T E X C E E D I N G 1 0 ' - 0 " (C O N C E A L E D S P A C E S @ S O F F I T S , D RO P P E D C E I L I N G S , B E T W E E N S T A I R ST R I N G E R S & B E T W E E N S T O R I E S ) • P R O V I D E D R A F T S T O P P I N G B E T W E E N S T O R I E S D I V I D E D I N T O A P P R O X . EQ U A L S P A C E S N O T E X C E E D I N G 1 , 0 0 0 S F • A L L S P R A Y F O A M I N S U L A T I O N M U S T B E C O V E R E D B Y M I N . 1 / 2 " G Y P . B D. IN H A B I T A B L E A R E A S . SM O K E A N D C A R B O M O N O X I D E A L A R M S : • P R O V I D E S M O K E A L A R M I N E V E R Y B E D R O O M & T H E C O R R I D O R G I V I N G AC C E S S T O T H E B E D R O O M O N E A C H F L O O R , I N C L U D I N G T H E B A S E M E N T & I N A N Y R O O M T H A T H A S A C E I L I N G H E I G H T M O R E T H A N 2 4 " H I G H E R TH A N A C O R R I D O R G I V I N G A C C E S S T O T H E B E D R O O M S . • P R O V I D E C A R B O N M O N O X I D E A L A R M W I T H I N 1 0 ' - 0 " O F A L L B E D R O O M S MI L L W O R K : • D O O R S - 6 P A N E L D O O R S T O M A T C H E X I S T I N G • C A S I N G - 3 - 1 / 2 " A L L ( V E R I F Y F I N A L P R O F I L E ) • B A S E - 3 - P I E C E S Y S T E M 5 " ( V E R I F Y F I N A L P R O F I L E ) AD D I T I O N A L S Q U A R E F O O T A G E • M A I N L E V E L A D D I T I O N : 4 1 5 S F • G A R A G E C O N V E R S I O N : 8 6 S F • L O W E R L E V E L C O N V E R S I O N : 3 6 5 S F TO T A L F I N I S H E D A R E A : 4 , 8 9 7 S F • P R O P O S E D G A R A G E : 9 2 5 S F E X I S T I N G W 1 0 X 3 3 S T E E L B E A M 2 x 1 2 G R N T R T J O I S T S @ 1 2 " O . C . W / H A N G E R S NE W F L U S H 5 - 1 / 2 " x 1 8 " T R T . G L U - L A M EX I S T I N G ( 2 ) 1 1 - 7 / 8 " L V L E X I S T I N G 2 x 1 2 J O I S T S @ 1 6 " O . C . 2 x 1 2 G R N T R T J O I S T S @ 1 6 " O . C . 2x 1 2 G R N T R T L E D G E R 1 8 " F L O O R T R U S S E S @ 1 9 . 2 " O . C . W / H A N G E R S (4 ) 1 8 " L V L F L U S H ( 3 ) 1 8 " L V L F L U S H (3 ) 1 8 " L V L F L U S H ( 3 ) 1 8 " L V L F L U S H 1 8 " F L O O R T R U S S E S @ 1 9 . 2 " O . C . E X I S T I N G 2 x 1 2 J O I S T S @ 1 6 " O . C . 2x 1 2 G R N T R T JO I S T S @ 1 2 " O . C . W/ H A N G E R S (3 ) 1 8 " L V L F L U S H ( 2 ) 1 8 " L V L F L U S H 2 x 1 2 G R N T R T S T I N G E R S @ 1 2 " O . C . 16 ' x 6 ' 8 " S L I D E R T R E A D M I L L EL L I P T I C A L EN G . W O O D GA M E A R E A 13 ' 6 " x 1 0 ' 0 " 30 " R E F . DW NO W O R K NO W O R K NO W O R K NO W O R K 42 " x 8 4 " C. O . SH O W E R QU A R T Z B E N C H 9' - 1 " 2' 4 " 2' 6 " 2' 8 " TE M P E R E D GL A S S W A L L W/ 3 ' 0 " D O O R 2' 6 " GA R A G E D O O R LO C A T I O N A B O V E 94 4 . 7 94 4 . 7 5'-0" 5'- 0 " 3 '-4 1 / 2 " UN E X C A V A T E D RE M O V E E X I S T I N G R E T A I N I N G WA L L S A N D S T O N E P A V E R S , S T O C K PI L E F O R P O S S I B L E R E U S E NE W R E T A I N I N G WA L L S PL A N T I N G AR E A PL A N T I N G AR E A UP NE W 3 ' C A S E M E N T NE W 3 ' A W N I N G NE W 5 ' P I C T U R E NE W 5 ' A W N I N G NE W 5 ' P I C T U R E NE W 5 ' A W N I N G 3' 0 " G L A S S W/ S I D E L I G H T ST E P D N A R T W A L L NE W 3 ' C A S E M E N T NE W 3 ' A W N I N G TI L E VE S T . 8' 8 " x 9 ' 0 " CO N C ME C H 9' 6 " x 5 ' 6 " LI N . LI N E N C A B I N E T PR O V I D E ST A C K W / D HO O K U P S TI L E BA T H 7' 7 " x 1 1 ' 0 " RU B B E R EX E R C I S E 12 ' 0 " x 1 5 ' 0 " WE T B A R NE W W I N D O W S TO F I T R . O . EX I S T I N G EX I S T I N G EX I S T I N G ST A I R S UP UP AD D I N G 3 6 5 F I N I S H E D S F PR O P O S E D L O W E R L E V E L SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 . 0 AV E R A G E L A K E S H O R E SE T B A C K 2 0 2 1 (S E E S U R V E Y ) AV E R A G E L A K E S H O R E SE T B A C K 1 9 8 8 (S E E S U R V E Y ) 2'4 " NE W C O N C R E T E / P A V E R S TO R E P L A C E E X I S T I N G P O R C H FO O T P R I N T A N D E X I S T I N G PA T I O A R E A PL A N T I N G AR E A NE W 5 ' P I C T U R E NE W 5 ' A W N I N G W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N IS S U E / R E V I S I O N S IS S U E : DA T E : TH E O W N E R & / O R B U I L D E R ( G . C . ) I S AC C O U N T A B L E F O R A L L D E S I G N IN T E N T , S P E C I F I C A T I O N S , S T R U C T U R E S , DE T A I L S , & F I N A L D E C I S I O N S O F AT T A C H E D D R W I N G S . T H E D E S I G N E R SH A L L N O T H A V E C O N T R O L O V E R O R CH A R G E O F A N D S H A L L N O T B E RE S P O N S I B L E F O R F A B R I C A T I O N TE C H N I Q U E , M E T H O D O F IN S T A L L A T I O N , C O N S T R U C T I O N ME A N S , M E T H O D S , T E C H N I Q U E S , SE Q U E N C E S O R P R O C E D U R E S , O R F O R SA F E T Y P R E C A U T I O N S A N D P R O G R A M S IN C O N N E C T I O N W I T H T H E W O R K , SI N C E T H E S E A R E S O L E L Y T H E CO N T R A C T O R S & / O R O W N E R S RE S P O N S I B I L I T Y . Co p y r i g h t © 2 0 2 2 J A L I N D e s i g n , L L C AS - B U I L T S 11 - 1 8 - 2 1 SI T E P L A N RE V I E W 12 - 1 5 - 2 1 SC H E M A T I C DE S I G N R E V I E W 02 - 1 5 - 2 2 VA R I A N C E SU B M I S S I O N 02 - 2 2 - 2 2 UP 3' 0 " NE W R E T A I N I N G W A L L S , ST E P P E R S A N D S T A I R S T O LO W E R L E V E L P A T I O A R E A S. D W WO O D LA U N D R Y 7' 0 " x 1 2 ' 0 " W/ PE D E S T A L S H A N G I N G DW M I C R O D R W D W 30 " D . O . 4 2 " R E F . 3 6 " C . T . W OO D K I T CH E N 13 '6 " x 21 '0 " 4' 6 " ' x 1 0 ' I S L A N D 1 0 ' - 0 " R A I S E D H E A R T H A1 . 1 MA I N L E V E L FL O O R P L A N NO R T H PR O P O S E D M A I N L E V E L SC A L E : 1 / 4 " = 1 ' - 0 " 1 A1 . 1 WA L L & D O O R K E Y EX I S T I N G T O R E M A I N EX I S T I N G T O B E R E M O V E D , UN L E S S N O T E D O T H E R W I S E 2' 0 " EX I S T I N G D O O R T O B E R E M O V E D EX I S T I N G D O O R T O R E M A I N NE W O R R E L O C A T E D D O O R NE W C O N C R E T E B L O C K F O U N D A T I O N NE W F R A M E D W A L L / F U R R I N G DN TR E X WO O D D E C K 19 ' 4 " x 1 4 ' 0 " 3 ' 0 " G L A S S T R EX BA L C O NY 8 '0 " x 12 '0 " G R I L L S M O K E R AP P R O X . SK Y L I G H T AP P R O X . SK Y L I G H T AP P R O X . SK Y L I G H T WO O D HA L L 23 ' 0 " x 4 ' 6 " RA I S E F L O O R 7" T O A L G I N RA I S E F L O O R 7" T O A L G I N W OO D O FF I C E/ P RE P 13 '0 " x 14 '9 " 6' 6 " D E S K 6' x 8 ' S L I D E R 3' 0 " 2' 6 " D R O P Z O N E BE N C H / L O C K E R S T I L E MU D R O O M 1 1 '0 " x 1 1 '0 " T I L E WI C 6 '0 " x 6 '7 " W OO D B. PA NT R Y 9 '8 " x 7 '0 " EX I S T I N G OP T I O N A L CL O S E T AR M O I R E 24 " W I N E W OO D PO W D E R 6 '0 " x 5 '6 " 3' 0 " 20 M I N PA I R 2' 6 " 3' 6 " C. O . 3'6 " C. O . 2' 6 " NE W C U S T O M P I C T U R E WI N D O W T O F I T R . O . (2 ) W I D E A W N I N G 2' 6 " 3' 0 " 2' 8 " LI N E N 2' 6 " 2' 8 " 2'4 " W OO D LU G G AG E 5 '6 " x 5 '0 " CA R PE T OW NE R ' S W I C 1 1 '6 " x 13 '6 " T L E OW N E R ' S B A T H 1 0 '0 " x 15 '6 " EX I S T I N G BA Y , N E W WI N D O W S BE N C H W / S T O R A G E S H E L V E S 48 " x 2 4 " IS L A N D W OO D OW NE R ' S BE DR OO M 2 1 '0 " x 13 '0 " EX I S T I N G EX I S T I N G NE W F R O N T DO O R W / SI D E L I G H T S EX I S T I N G EX I S T I N G EX I S T I N G WO O D E. S T A I R S 7' 0 " x 7 ' 6 " W O OD V ES T . 4 '0 " x 9 '8 " W OO D HA LL 7 '0 " x 4 '0 " W OO D F OY E R 9 '0 " x 12 '0 " PO S S I B L E R A D I U S DO O R O R T R A N S O M 18 ' C . O . NE W B E A M C E I L I N G IN E X I S T I N G V A U L T 10 x 1 4 R I D G E , 8 x 8 R A F T E R S NE W P O R T A L F R A M E TA L L W A L L A N D R E F R A M E HI P P E D C E I L I N G T O B E CO N T I N U O U S V A U L T W OO D DI NI NG 13 '6 " x 14 '0 " W OO D 3- S EA S O N 1 15 '6 " x 15 '0 " 2' 8 " 3' 0 " 3' 0 " C . O . W OO D GR E A T RO O M 19 '0 " x 19 '0 " GA S F. P . TR A N S O M 16 ' x 8 ' S L I D E R 12 ' x 8 ' S L I D E R OO X 8'x 8 ' S L I D E R OX NE W WI N D O W NE W WI N D O W NE W WI N D O W 6' x 6 ' P I C T U R E 6' x 2 ' P I C T U R E VA U L T E D R O O F TR U S S E S @ 2 4 " O . C . V A U L T E D R O O F T R U S S E S @ 2 4 " O . C . CA B L E R A I L I N G W / PO W D E R - C O A T E D AL U M . F R A M E CA B L E R A I L I N G W / PO W D E R - C O A T E D AL U M . F R A M E 95 3 . 5 + 95 3 . 1 + CO N C. 3- C A R GA R A G E 3 6 '0 " x 2 3 '3 " EX I S T I N G EX I S T I N G EX I S T I N G EX I S T I N G NE W C O N C R E T E ST O O P 95 3 . 0 + 95 2 . 5 + 95 2 . 0 + 95 2 . 0 + • E X I S T I N G M A I N L E V E L F I N I S H : 2 , 3 7 9 S F • E X I S T I N G L O W E R L E V E L F I N I S H : 1 , 6 5 2 S F TO T A L F I N I S H E D A R E A : 4 , 0 3 1 S F • E X I S T I N G G A R A G E : 1 , 0 1 1 S F PL A N N O T E S : EX T E R I O R D I M E N S I O N S A R E S H E A T H I N G T O S H E A T H I N G SQ U A R E F O O T A G E : WI N D O W S A N D D O O R N O T E S : • M A R V I N E L E V A T E W I N D O W S ( W H I T E - E X T / W H I T E - I N T ) CO D E M A X . U V A L U E = . 3 2 M A X . S H G C = . 3 5 • A L L W I N D O W S S E T 8 ' - 0 " O N M A I N L E V E L , 6 ' 9 " O N U P P E R L E V E L • B U I L D E R T O P R O V I D E W I N D O W O R D E R L I S T W I T H U = F A C T O R S SH G C . & S T C R A T I N G F O R E A C H W I N D O W & E X T E R I O R D O O R • B U I L D E R T O V E R I F Y A L L W I N D O W , D O O R & O P E N I N G H D R . H T S . • A B B R E V A T I O N S FP . = F A L L P R O T E C T I O N EG R E S S = C O D E C O M P L I N E T E G R E S S W I N D O W TE M P = W I N D O W R E Q U I R E S T E M P E R E D G L A S S FL O O R S Y S T E M N O T E S : • A L L F L O O R S T O B E L / 4 8 0 • F L O O R T R U S S M A N U F A C T U R E R T O V E R I F Y F R A M I N G B E L O W GR A N I T E T O P S , T U B S , T O I L E T S A N D T I L E A R E A S A B O V E • F L O O R T R U S S M A N U F A C T U R E R T O P R O V I D E H E A T S U P P L Y & RE T U R N C H A S E L O C A T I O N S I N T R U S S E S • B U I L D E R T O P R O V I D E C I T Y W I T H T R U S S L A Y O U T P L A N S FL O O R P L A N N O T E S : • E X I S T I N G M A I N L E V E L H A V E 8 ' 0 " C E I L I N G S U . N . O . • 2 x 6 S T U D S @ P O C K E T D O O R P L UM B I N G V E N T W A L L S ( U . N . O . ) • D O U B L E S T U D S A T A L L W I N D O W & P A T I O D O O R H E A D E R S ( U . N . O . ) • P R O V I D E L V L / L S L S O L I D B L O C K I NG A T A L L P O I N T L O A D S , S U P P O R T BE A M S , M I C R O L A M S A N D G I R D E R T R U S S E S T O F O U N D A T I O N • P R O V I D E F I R E B L O C K I N G V E R T I CA L L Y @ C E I L I N G S & F L O O R S & HO R I Z O N T A L L Y @ I N T E R V A L S N O T E X C E E D I N G 1 0 ' - 0 " (C O N C E A L E D S P A C E S @ S O F F I T S , D R O P P E D C E I L I N G S , B E T W E E N S T A I R ST R I N G E R S & B E T W E E N S T O R I E S ) • P R O V I D E D R A F T S T O P P I N G B E T W E E N S T O R I E S D I V I D E D I N T O A P P R O X . EQ U A L S P A C E S N O T E X C E E D I N G 1 , 0 0 0 S F • A L L S P R A Y F O A M I N S U L A T I O N M U S T B E C O V E R E D B Y M I N . 1 / 2 " G Y P . B D. IN H A B I T A B L E A R E A S . SM O K E A N D C A R B O N M O N O X I D E A L A R M S : • P R O V I D E S M O K E A L A R M I N E V E R Y B E D R O O M & T H E C O R R I D O R G I V I N G AC C E S S T O T H E B E D R O O M O N E A C H F L O O R , I N C L U D I N G T H E B A S E M E N T & I N A N Y R O O M T H A T H A S A C E I L I N G H E I G H T M O R E T H A N 2 4 " H I G H E R TH A N A C O R R I D O R G I V I N G A C C E S S T O T H E B E D R O O M S . • P R O V I D E C A R B O N M O N O X I D E A L A R M W I T H I N 1 0 ' - 0 " O F A L L B E D R O O M S MI L L W O R K : • D O O R S - 6 P A N E L D O O R S T O M A T C H E X I S T I N G • C A S I N G - 3 - 1 / 2 " A L L ( V E R I F Y F I N A L P R O F I L E ) • B A S E - 3 - P I E C E S Y S T E M 5 " ( V E R I F Y F I N A L P R O F I L E ) AD D I T I O N A L S Q U A R E F O O T A G E • M A I N L E V E L A D D I T I O N : 4 1 5 S F • G A R A G E C O N V E R S I O N : 8 6 S F • L O W E R L E V E L C O N V E R S I O N : 3 6 5 S F TO T A L F I N I S H E D A R E A : 4 , 8 9 7 S F • P R O P O S E D G A R A G E : 9 2 5 S F 14 ' - 6 " 16 ' - 0 " 1' - 6 " 19 ' - 4 1 / 2 " 4' - 0 " 2 ' - 0 " 5 ' - 0 " 6 ' - 0 " 5 ' - 0 " 1 2 ' - 0 " 2' - 3 1 / 2 " 16 ' - 0 " 11 ' - 1 " 2' - 7 1 / 2 " 1 6 ' - 0 " 2' - 8 1 / 4 " 5' - 6 3 / 4 " 5' - 7 " 2' - 2 " 2' - 5 " 4' - 1 0 " 4' - 1 0 " 2' - 5 " 10 ' - 2 1 / 2 " 4' - 1 1 / 4 " 9' - 7 " 10 " 3' - 5 1 / 2 " 6' - 0 " 3' - 9 " 6' - 0 " 6 ' - 5 1 / 2 " 6 ' - 2 1 / 4 " 6 ' - 2 1 / 4 " 1' - 1 0 " 1' - 1 0 1 / 8 " 4' - 0 1 / 2 " ST E P ST E P 1 3 ' - 7 " 4'-0 1/4" 2'- 3 1 /4 " 6'-2 7/8" 4'- 5 " 8' - 4 1 / 2 " 5' - 1 1 " 6' - 7 3 / 4 " 6' - 8 3 / 4 " 4 ' - 9 1 / 2 " 4 ' - 0 " 6 1 / 2 " NE W W I N D O W TO F I T R . O . NE W W I N D O W TO F I T R . O . NE W W I N D O W TO F I T R . O . NE W W I N D O W TO F I T R . O . OP T I O N A L T R U S S F I X IN O W N E R ' S B E D R O O M TO C R E A T E T R A Y C E I L I N G IN S I D E E X I S T I N G R O O F L I N E 3' 4 ' x 6 ' 3' 4 " x 2 ' A W N 3' 4 ' x 6 ' 3' 4 " x 2 ' A W N 3' 4 ' x 6 ' 3' 4 " x 2 ' A W N 3' 4 ' x 6 ' 3' 4 " x 2 ' A W N 3' 4 ' x 6 ' 3' 4 " x 2 ' A W N AP P R O X . SK Y L I G H T W OO D OW N E R ' S B E D R O O M 2 1 '0 " x 13 '0 " OP T I O N A L T R U S S F I X IN O W N E R ' S B E D R O O M TO C R E A T E T R A Y C E I L I N G IN S I D E E X I S T I N G R O O F L I N E AV E R A G E L A K E S H O R E SE T B A C K 2 0 2 1 (S E E S U R V E Y ) AV E R A G E L A K E S H O R E SE T B A C K 1 9 8 8 (S E E S U R V E Y ) NE W D E C K T O R E P L A C E EX I S T I N G L O W E R L E V E L PO R C H W / D E C K A B O V E W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N IS S U E / R E V I S I O N S IS S U E : DA T E : TH E O W N E R & / O R B U I L D E R ( G . C . ) I S AC C O U N T A B L E F O R A L L D E S I G N IN T E N T , S P E C I F I C A T I O N S , S T R U C T U R E S , DE T A I L S , & F I N A L D E C I S I O N S O F AT T A C H E D D R W I N G S . T H E D E S I G N E R SH A L L N O T H A V E C O N T R O L O V E R O R CH A R G E O F A N D S H A L L N O T B E RE S P O N S I B L E F O R F A B R I C A T I O N TE C H N I Q U E , M E T H O D O F IN S T A L L A T I O N , C O N S T R U C T I O N ME A N S , M E T H O D S , T E C H N I Q U E S , SE Q U E N C E S O R P R O C E D U R E S , O R F O R SA F E T Y P R E C A U T I O N S A N D P R O G R A M S IN C O N N E C T I O N W I T H T H E W O R K , SI N C E T H E S E A R E S O L E L Y T H E CO N T R A C T O R S & / O R O W N E R S RE S P O N S I B I L I T Y . Co p y r i g h t © 2 0 2 2 J A L I N D e s i g n , L L C AS - B U I L T S 11 - 1 8 - 2 1 SI T E P L A N RE V I E W 12 - 1 5 - 2 1 SC H E M A T I C DE S I G N R E V I E W 02 - 1 5 - 2 2 VA R I A N C E SU B M I S S I O N 02 - 2 2 - 2 2 105.3' HOME DECK EXISTING HOME & DECK LOCATION BACK IN 1988. NORTHSITE PLAN SC ALE: 1" = 20'-0" 1 T1 T1 TITLE SHEET SITE PLAN DN HOME ADDITION 3-SEASON PORCH ADDITION DECK ONLY REBUILD BALCONY 14.5 14 16 16 U P NEW CONC. STOOP AND RETAINING WALLS REMOVE EXISTING RETAINING WALLS AND STEPS THIS "SITE PLAN" IS FOR REFERENCE ONLY. BACKGROUND SURVEY INFORMATION WAS OBTAINED BY A SURVEY COMPLETED BY SATHRE-BERGQUIST, INC. DATED 12-09-21 REFER TO PROPOSED SURVEY DATED 2-18-22 FOR LOCATIONS AND HARDCOVER INFORMATION SURVEY INFORMATION FOR ORIGINAL NEIGHBORING HOME'S LOCATION WAS OBTAINED BY A SURVEY PERFORMED BY DEMARS - GABRIEL LAND SURVEYORS DATED 08-01-88 DRAWING INDEX T1 A0.0 A0.1 A1.0 A1.1 A2.0 A2.1 A3.0 A3.1 A4.0 GENERAL INFORMATION LOWER LEVEL DEMO PLAN MAIN LEVEL DEMO PLAN LOWER LEVEL FLOOR PLAN MAIN LEVEL FLOOR PLAN EXTERIOR ELEVATIONS EXTERIOR ELEVATIONS BUILDING SECTIONS BUILDING SECTIONS DETAILS INDEX LEGEND PRELIMINARY, NOT FOR CONSTRUCTION FOR CONSTRUCTION ARCHITECTURALVARIANCE / P R I C I N G S E T "BLANK" DENOTES NOT ISSUED ABBREVIATIONS @ C P DIA. # (E) (N) ABV ACC ACOUS A.D. ADJ A.F.F. ALT ALUM APPROX ARCH BD BLKG BM B.O. BOT C AB C .B. CEM CER C .I.P. C .J. CLG CLKG CLO CLR C .M.U. CNTR COL CONC CONN CONT CORR C .T. CPT CTR DBL DEMO DET DIA DIM DN D.O. DR DW DWG E EA EL ELEC ENCL EP EQ EQUIP EST EXIST EXP EXPO EXT F.D. F.E. F.F. F.I.P. F/F FIN FLASH FLR FLUOR F.O. F.O.C. F.O.I.C. F.O.M. F.O.S. F.O.F. FR FRPF FRPL FRZR FT FURR FUT F.W. GA GALV G.C . GL GLAM GR GWB H.B H.C. HDR HDWD H.M. HORIZ H.P. HT HR HVAC H.W. I.D. IN INSUL INT J.B. J.F. JT LOC L.P. LT AT CENTERLINE PROPERTY LINE DIAMETER POUND OR NUMBER EXISTING NEW ABOVE ACCESS SCOUSTICAL AREA DRAIN ADJUSTABLE ABOVE FINISH FLOOR ALTERNATE ALUMINUM APPROXIMATE ARCHITECTURAL BOARD BLOCKING BEAM BOTTOM OF... BOTTOM CABINET CATCH BASIN CEMENT CERAMIC CAST-IN-PAST CONTROL JOINT CEILING CAULKING CLOSET CLEAR CONCRETE MASONRY UNIT COUNTER COLUMN CONCRETE CONNECTION CONTINUOUS CORRIDOR CERAMIC TILE CARPET; C ARPETED CENTER DOUBLE DEMOLITION DETAIL DIAMETER DIMENSION DOWN DOOR OPENING DOOR DISHWASHER DRAWING EAST EACH ELEVATION ELECTRIC AL ENCLOSURE ELECTRIC AL PANEL EQUAL EQUIPMENT ESTIMATE EXISTING EXPANDED; EXPANSION EXPOSED EXTERIOR FLOOR DRAIN FIRE EXTINGUISHER FINISH FLOOR FAMOUS IDAHO POTATOES FINISH TO FINISH FINISH FLASHING FLOOR; FLOORING FLUORESCENT FACE OF... FACE OF CONCRETE FURNISHED BY OWNER - INSTALLED BY CONTRACTOR FACE OF MASONRY FACE OF STUDS FACE OF FINISH FRAME FIREPROOF FIREPLACE FREEZER FOOT OR FEET FURRING FUTURE FULL WIDTH GAUGE GALVANIZED GENERAL CONTRACTOR GLASS GLUE-LAMINATED GRADE GYPSUM WALL BOARD HOSE BIB HOLLOW CORE HEADER HARDWOOD HOLLOW METAL HORIZONTAL HIGH POINT HEIGHT HOUR HEATING/VENTILATION/ AIR CONDITIONING HOT WATER INSIDE DIAMETER INCH INSULATION INTERIOR JUNCTION BOX JOINT FILLER JOINT LOCATION LOW POINT LIGHT MEL M.O. MAX M B M.C. MDO MECH MEMB MTL MFR MIN MISC MTD MTL MUL N N/A N.I.C . NO O.A. O.C . O.D. OFF OH OPNG OPP OP. HD. P.G. PERF PERP PL PLAM PLAS PWD PNL PR PT PTN R R.A. RAD R B R.D. REF REFR REINF REM REQ'D RESIL REV RGTR R.H. RM R.O. R.V.P. R.W.L. S SAF SAM S.C . S.D. SCHED SECT S.G. SH SHR SHT SHT MTL SHTG SIM S.O.G. SPEC S.F. SQ. IN. SS STD STL STOR STRUCT SUSP SYM T T.B. T.C . TEL TER T&G T.G. THK T.O. T.P.H. TYP U.N.O. VCT VEN VERT W W.C . WD. W.F. W.H. W.L. W/O WIN WP WR WT MELAMINE MASONRY OPENING MAXIMUM MACHINE BOLT MEDICINE CABINET MEDIUM DENSITY OVERLAY MECHANICAL MEMBRANE METAL MANUFACTURER MINIMUM MISCELLANEOUS MOUNTED MATERIAL MULLION NORTH NOT APPLICABLE NOT IN CONTRACT NUMBER OVERALL ON CENTER OUTSIDE DIAMETER, OVERFLOW DRAIN OFFICE OVERHEAD OPENING OPPOSITE OPPOSITE HAND PAINT GRADE PERFORATED PERPENDICULAR PLATE PLASTIC LAMINATE PLASTER PLYWOOD PANEL PAIR POINT PARTITION RISER RETURN AIR RADIUS RUBBER BASE ROOF DRAIN REFERENCE REFRIGERATOR REINFORCED REMAINDER REQUIRED RESILIENT REVISION; REVISIONS; REVISED REGISTER RIGHT HAND ROOM ROUGH OPENING RADON VENT PIPE RAIN WATER LEADER SOUTH SELF-ADHERED FLASHING SELF-ADHERED MEMBRANE SOLID CORE SMOKE DETECTOR SCHEDULE SECTION SAFETY GLASS SHELF SHOWER SHEET SHEET METAL SHEATHING SIMILAR SLAB ON GRADE SPECIFICATION SQUARE FOOT (FEET) SQUARE INCH(ES) STAINLESS STEEL STANDARD STEEL STORAGE STRUCTURAL SUSPENDED SYMMETRICAL TREAD TOWEL B AR TOP OF CURB TELEPHONE TERRAZZO TONGUE AND GROOVE TEMPERED GLASS THICK TOP OF... TOILET PAPER HOLDER TYPICAL UNLESS NOTED OTHERWISE VINYL COMPOSITI0N TILE VENEER VERTICAL WEST WATER CLOSET WOOD WIDE FLANGE WATER HEATER WATER LINE WITHOUT WINDOW WATERPROOF WATER RESISTANT WEIGHT 2726 C AROLINE AVE. VICINITY MAP SITE PLAN TEAM MEMBERS BUILDER: WOODDALE BUILDERS STEVE SCHWIETERS m. (612) 363-3598 e. steve@wooddalebuilders.com STRUCTURAL ENGINEER: BUNKERS AND ASSOCIATES ERIC BUNKERS m. (651) 366-2853 e. ericb@bunkersandassociates.com INTERIOR DESIGNER: T.B.D. m. TBD e. TBD ARCHITECTURAL DESIGNER: JALIN DESIGN, LLC JEFF LINDGREN m. (763) 464-4401 e. jlindgren@jalin-design.com W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N ISSUE/REVISIONS ISSUE:DATE: THE OWNER &/OR BUILDER (G.C.) IS ACCOUNTABLE FOR ALL DESIGN INTENT, SPECIFICATIONS, STRUCTURES, DETAILS, & FINAL DECISIONS OF ATTACHED DRWINGS. THE DESIGNER SHALL NOT HAVE CONTROL OVER OR CHARGE OF AND SHALL NOT BE RESPONSIBLE FOR FABRICATION TECHNIQUE, METHOD OF INSTALLATION, CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, SINCE THESE ARE SOLELY THE CONTRACTORS &/ OR OWNERS RESPONSIBILITY. Copyright ©2022 JALIN Design, LLC AS-BUILTS 11-18-21 SITE PLAN REVIEW 12-15-21 SCHEMATIC DESIGN REVIEW 02-15-22 VARIANCE SUBMISSION 02-22-22 A0.0 GENERAL DEMOLITION NOTES 1. REMOVE ALL EXISTING CARPET AND PAD IN EFFECT AREAS ONLY, UNLESS OTHERWISE NOTED, BE SURE TO ONLY PULL BACK AND PROTECT EXISTING CARPET IN LOWER LEVEL TO COMPLETE WORK EFFECTIVLY; PAD MATERIAL CAN BE DISCARDED IF NECESSARY. 2. REMOVE ALL GYPSUM BOARD ON WALLS AND CEILING PER PLAN. ALL EXISITNG WALL FRAMING TO REMAIN INTACT UNTIL LOAD BEARING WALLS CAN BE DETERMINED. 3. ONCE NON-LOAD BEARING ARE DETERMINED, REMOVE ALL INTERIOR WALLS UNLESS INDICATED TO REMAIN ON PLAN. 4. PROMPTLY REMOVE DEMOLISHED MATERIALS FROM PROPERTY AND LEGALLY DISPOSE OF OFF-SITE. 5. PROPERLY PROTECT ALL REMAINING WALLS, CEILINGS, FLOORS, AND EXPOSED FINISHES. 10. PERFORM WORK CAREFULLY TO PREVENT HAZARDS TO PERSONS & PROPERTY AND TO AVOID DAMAGE TO SALVAGED MATERIAL BEING REMOVED OR TO EXISTING STRUCTURE, FINISHES, EQUIPMENT, OR SYSTEMS WHICH ARE TO REMAIN. 11. PROVIDE TEMPORARY SUPPORT FOR WORK TO REMAIN, IF NECESSARY. 12. DO NOT ENDANGER ANY OTHER WORK. 13. LIMIT DUST AND DIRT DISPERSAL TO LOWEST PRACTICABLE LEVEL. 14. AVOID INTERFERENCE WITH THE USE OF, OR ACCESS TO, ADJACENT SPACES NOT INCLUDED IN THE DEMOLITION AREA. DO NOT RESTRICT ENTRANCES, EXIT WAYS, SIDEWALK, STREET, OR DRIVEWAYS UNLESS PERMISSION IS GIVEN BY THE OWNER OR CITY. 6. PROMPTLY PATCH AND REPAIR HOLES AND DAMAGED SURFACES OF BUILDING CAUSED BY DEMOLITION. RESTORE EXPOSED FINISHES OF PATCHED AREAS AND EXTEND FINISH RESTORATION INTO REMAINING ADJOINING CONSTRUCTION. 7. IF MOLD IS PRESENT AT ALL: FOR THE EXISTING WALLS TO REMAIN, REMOVE SURFACE FROM ONE SIDE, REMOVE INSULATION FROM WALL CAVITIES, CLEAN ALL WALL CAVITY SURFACES, BACK SPRAY ALL WALL CAVITYSURFACES WITH SEALER , INSTALL NEW CAVITY INSULATION, INSTALL NEW WALL SURFACE TO MATCH EXISTING. THIS SERVICE IN NOT INCLUDED IN CONTRACT AND WILL BE BID ON A TIME AND MATERIAL BASIS, IF FOUND AND APPROVED BY HOMEOWNER. 8. ANY REMOVEAL OF EXISTING PLUMBING SHOULD BE CAPPED AND PATCHED AS REQUIRED. 9. DO NOT INTERRUPT OR DISCONNECT ANY UTILITY OR SERVICE SERVING OCCUPIED PORTIONS OF THE BUILDING WITHOUT PRIOR APPROVAL OF OWNER. PROVIDE A POLY PROTECTION BARRIER TO SEAL OFF UNAFFECTED AREAS AND ALL RETURN AIR VENTS FROM DUST, DEBRIS AND FOREIGN MATERIALS OR AS REQUIRED. KEYED DEMOLITION NOTES REMOVE EXISTING DOOR & FRAME, SALVAGE AND STOCKPILE FOR POSSIBLE REUSE. REMOVE EXISTING WINDOW SASH, FRAME, AND HARDWARE SALVAGE AND STOCKPILE FOR POSSIBLE REUSE. REMOVE EXISTING CEILING FINISH AND GYPSUM BOARD. REMOVE EXISTING WALL FINISH AND GYPSUM BOARD WALLS TO FRAMING. REMOVE EXISTING FLOOR FINISH TO SUB-FLOOR. SALVAGE FOR POSSIBLE REUSE. A B C D E F G H J REMOVE EXISTING A/V RACK, PATCH REPAIR WALL TO MATCH ADJACENT. EXPLORE EXISTING WALL STRUCTURE AND SUPPORT FOR POSSIBLE REMOVAL REMOVE EXISTING PORTION OF WALL.H K L REMOVE EXISTING CONCRETE STEP, PREP FOR NEW STEPS REMOVE EXISTING PLUMBING FIXTURES AND PIPES AS NEEDED, CAP AND PATCH AS REQUIRED. STOCKPILE ALL TOILETS FOR POSSIBLE REUSE. REMOVE EXISTING CABINETS PER PLAN, PATCH AND REPAIR AS REQUIRED.M REMOVE EXISTING APPLIANCES OR MECH. EQUIP. PER PLAN, PATCH AND REPAIR AS REQUIRED.N P REMOVE REQUIRED CONCRETE DRIVEWAY AND SIDEWALK TO ALLOW FOR FOUNDATION OF NEW GARAGE TO BE BACK FILLED AND COMPACTED APPROPRIATELY WALL & DOOR KEY EXISTING TO REMAIN EXISTING TO BE REMOVED, UNLESS NOTED OTHERWISE 2'0" EXISTING DOOR TO BE REMOVED EXISTING DOOR TO REMAIN NEW OR RELOCATED DOOR NEW CONCRETE BLOCK FOUNDATION NEW FRAMED WALL/FURRING F.D.FURNACE ELEC WATER W.H. RETURNS REG REGREGREG R E G R E G NORTH LOWER LEVEL DEMO PLAN 1/4"=1'0" 1 A0.0 LOWER LEVEL DEMO PLAN REMOVE EXISTING DECK AND STAIRS REMOVE ENTIRE DOOR/WINDOW AND WALL REMOVE EXISTING CEILING SYSTEM TO RAISE UP TO ALIGN WITH ADJACENT CEILINGS REMOVE EXISTING MASONRY FIREPLACE REMOVE EXISTING PAVER PATIO, RETAINING WALLS AND STEPS. STOCKPILE FOR POSSIBLE REUSE W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N ISSUE/REVISIONS ISSUE:DATE: THE OWNER &/OR BUILDER (G.C.)IS ACCOUNTABLE FOR ALL DESIGN INTENT, SPECIFICATIONS, STRUCTURES, DETAILS, & FINAL DECISIONS OF ATTACHED DRWINGS. THE DESIGNER SHALL NOT HAVE CONTROL OVER OR CHARGE OF AND SHALL NOT BE RESPONSIBLE FOR FABRICATION TECHNIQUE, METHOD OF INSTALLATION, CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, SINCE THESE ARE SOLELY THE CONTRACTORS &/ OR OWNERS RESPONSIBILITY. Copyright ©2022 JALIN Design, LLC AS-BUILTS 11-18-21 SITE PLAN REVIEW 12-15-21 SCHEMATIC DESIGN REVIEW 02-15-22 VARIANCE SUBMISSION 02-22-22 A0.1 MAIN LEVEL DEMO PLAN 1/4"=1'0" 1 A0.1 MAIN LEVEL DEMO PLAN GENERAL DEMOLITION NOTES 1. REMOVE ALL EXISTING C ARPET AND PAD IN EFFECT AREAS ONLY, UNLESS OTHERWISE NOTED, BE SURE TO ONLY PULL BACK AND PROTECT EXISTING CARPET IN LOWER LEVEL TO COMPLETE WORK EFFECTIVLY; PAD MATERIAL CAN BE DISCARDED IF NECESSARY. 2. REMOVE ALL GYPSUM BOARD ON WALLS AND CEILING PER PLAN. ALL EXISITNG WALL FRAMING TO REMAIN INTACT UNTIL LOAD BEARING WALLS CAN BE DETERMINED. 3. ONCE NON-LOAD BEARING ARE DETERMINED, REMOVE ALL INTERIOR WALLS UNLESS INDICATED TO REMAIN ON PLAN. 4. PROMPTLY REMOVE DEMOLISHED MATERIALS FROM PROPERTY AND LEGALLY DISPOSE OF OFF-SITE. 5. PROPERLY PROTECT ALL REMAINING WALLS, CEILINGS, FLOORS, AND EXPOSED FINISHES. 6. PROMPTLY PATCH AND REPAIR HOLES AND DAMAGED SURFACES OF BUILDING CAUSED BY DEMOLITION. RESTORE EXPOSED FINISHES OF PATCHED AREAS AND EXTEND FINISH RESTORATION INTO REMAINING ADJOINING CONSTRUCTION. 7. IF MOLD IS PRESENT AT ALL: FOR THE EXISTING WALLS TO REMAIN, REMOVE SURFACE FROM ONE SIDE, REMOVE INSULATION FROM WALL C AVITIES, CLEAN ALL WALL CAVITY SURFACES, BACK SPRAY ALL WALL CAVITYSURFACES WITH SEALER , INSTALL NEW CAVITY INSULATION, INSTALL NEW WALL SURFACE TO MATCH EXISTING. THIS SERVICE IN NOT INCLUDED IN CONTRACT AND WILL BE BID ON A TIME AND MATERIAL BASIS, IF FOUND AND APPROVED BY HOMEOWNER. 8. ANY REMOVEAL OF EXISTING PLUMBING SHOULD BE CAPPED AND PATCHED AS REQUIRED. 9. DO NOT INTERRUPT OR DISCONNECT ANY UTILITY OR SERVICE SERVING OCCUPIED PORTIONS OF THE BUILDING WITHOUT PRIOR APPROVAL OF OWNER. 10. PERFORM WORK CAREFULLY TO PREVENT HAZARDS TO PERSONS & PROPERTY AND TO AVOID DAMAGE TO SALVAGED MATERIAL BEING REMOVED OR TO EXISTING STRUCTURE, FINISHES, EQUIPMENT, OR SYSTEMS WHICH ARE TO REMAIN. 11. PROVIDE TEMPORARY SUPPORT FOR WORK TO REMAIN, IF NECESSARY. 12. DO NOT ENDANGER ANY OTHER WORK. 13. LIMIT DUST AND DIRT DISPERSAL TO LOWEST PRACTICABLE LEVEL. 14. AVOID INTERFERENCE WITH THE USE OF, OR ACCESS TO, ADJACENT SPACES NOT INCLUDED IN THE DEMOLITION AREA. DO NOT RESTRICT ENTRANCES, EXIT WAYS, SIDEWALK, STREET, OR DRIVEWAYS UNLESS PERMISSION IS GIVEN BY THE OWNER OR CITY. PROVIDE A POLY PROTECTION BARRIER TO SEAL OFF UNAFFECTED AREAS AND ALL RETURN AIR VENTS FROM DUST, DEBRIS AND FOREIGN MATERIALS OR AS REQUIRED. KEYED DEMOLITION NOTES REMOVE EXISTING DOOR & FRAME, SALVAGE AND STOCKPILE FOR POSSIBLE REUSE. REMOVE EXISTING WINDOW SASH, FRAME, AND HARDWARE SALVAGE AND STOCKPILE FOR POSSIBLE REUSE. REMOVE EXISTING CEILING FINISH AND GYPSUM BOARD. REMOVE EXISTING WALL FINISH AND GYPSUM BOARD WALLS TO FRAMING. REMOVE EXISTING FLOOR FINISH TO SUB-FLOOR. SALVAGE FOR POSSIBLE REUSE. A B C D E F G H J REMOVE EXISTING BUILT-IN EXPLORE EXISTING WALL STRUCTURE AND SUPPORT FOR POSSIBLE REMOVAL REMOVE EXISTING PORTION OF WALL.H K L REMOVE EXISTING GYPSUM BOARD SOFFIT, PATCH AND REPAIR AS NEEDED, FIELD VERIFY GYPSUM BOARD THICKNESS TO MATCH, VERIFY FIRE CODE STANDARDS FOR SEPARATION NEEDS REMOVE EXISTING PLUMBING FIXTURES AND PIPES AS NEEDED, CAP AND PATCH AS REQUIRED. STOCKPILE ALL TOILETS FOR POSSIBLE REUSE. REMOVE EXISTING CABINETS PER PLAN, PATCH AND REPAIR AS REQUIRED.M REMOVE EXISTING APPLIANCES OR MECH. EQUIP. PER PLAN, PATCH AND REPAIR AS REQUIRED.N P REMOVE EXISTING CEILING FINISH. VERIFY EXISTING INSULATION IS TO REMAIN WALL & DOOR KEY EXISTING TO REMAIN EXISTING TO BE REMOVED, UNLESS NOTED OTHERWISE 2'0" EXISTING DOOR TO BE REMOVED EXISTING DOOR TO REMAIN NEW OR RELOC ATED DOOR NEW CONCRETE BLOCK FOUNDATION NEW FRAMED WALL/FURRING NORTH 1/4"=1'0" 1 A0.1 MAIN LEVEL DEMO PLAN APPROX. SKYLIGHT REMOVE EXISTING DECK AND STAIRS REMOVE ENTIRE DOOR/WINDOW AND WALL REMOVE EXISTING FLOOR SYSTEM TO RAISE UP TO ALIGN WITH KITCHEN AND FOYER REMOVE EXISTING MASONRY FIREPLACE REMOVE ALL KITCHEN CABINETS FLOORING AND CEILING REMOVE ALL DASHED WALL LINES, VERIFY BEARING WALLS BEFORE REMOVING W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N ISSUE/REVISIONS ISSUE:DATE: THE OWNER &/OR BUILDER (G.C.) IS ACCOUNTABLE FOR ALL DESIGN INTENT, SPECIFICATIONS, STRUCTURES, DETAILS, & FINAL DECISIONS OF ATTACHED DRWINGS. THE DESIGNER SHALL NOT HAVE CONTROL OVER OR CHARGE OF AND SHALL NOT BE RESPONSIBLE FOR FABRICATION TECHNIQUE, METHOD OF INSTALLATION, CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, SINCE THESE ARE SOLELY THE CONTRACTORS &/ OR OWNERS RESPONSIBILITY. Copyright ©2022 JALIN Design, LLC AS-BUILTS 11-18-21 SITE PLAN REVIEW 12-15-21 SCHEMATIC DESIGN REVIEW 02-15-22 VARIANCE SUBMISSION 02-22-22 7" DRINK LEDGE RAISE FLOOR 7" N E W 1 1 -7 /8 " T J I J O I S T S @ 1 6 " O .C . S H E L V E S 80" TV S H E L V E S S H E L V E S 80" TV S H E L V E S ENG. WOOD MEDIA ROOM 19'9" x 18'0" 5'x9' PING PONG 8' POOL TABLE ENG. WOOD PING PONG / BILLIARDS 15'0"x 22'0" A1.0 PROPOSED LOWER LEVEL WALL & DOOR KEY EXISTING TO REMAIN EXISTING TO BE REMOVED, UNLESS NOTED OTHERWISE 2'0" EXISTING DOOR TO BE REMOVED EXISTING DOOR TO REMAIN NEW OR RELOCATED DOOR NEW CONCRETE BLOCK FOUNDATION NEW FRAMED WALL/FURRING NORTH F.D.FURNACE ELEC WATER W.H. RETURNS REG REGREG R E G R E G • EXISTING MAIN LEVEL FINISH:2,379 SF • EXISTING LOWER LEVEL FINISH:1,652 SF TOTAL FINISHED AREA:4,031 SF • EXISTING GARAGE:1,011 SF PLAN NOTES: EXTERIOR DIMENSIONS ARE SHEATHING TO SHEATHING SQUARE FOOTAGE: WINDOWS AND DOOR NOTES: • MARVIN ELEVATE WINDOWS (WHITE-EXT / WHITE-INT) CODE MAX. U VALUE = .32 MAX. SHGC = .35 • ALL WINDOWS SET 8'-0" ON MAIN LEVEL, 6'9" ON UPPER LEVEL • BUILDER TO PROVIDE WINDOW ORDER LIST WITH U=FACTORS SHGC . & STC RATING FOR EACH WINDOW & EXTERIOR DOOR • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HTS. • ABBREVATIONS FP. = FALL PROTECTION EGRESS = CODE COMPLINET EGRESS WINDOW TEMP = WINDOW REQUIRES TEMPERED GLASS FLOOR SYSTEM NOTES: • ALL FLOORS TO BE L/480 • FLOOR TRUSS MANUFACTURER TO VERIFY FRAMING BELOW GRANITE TOPS, TUBS, TOILETS AND TILE AREAS ABOVE • FLOOR TRUSS MANUFACTURER TO PROVIDE HEAT SUPPLY & RETURN CHASE LOCATIONS IN TRUSSES • BUILDER TO PROVIDE CITY WITH TRUSS LAYOUT PLANS FLOOR PLAN NOTES: • EXISTING MAIN LEVEL HAVE 8'0" CEILINGS U.N.O. • 2x6 STUDS @ POCKET DOOR PLUMBING VENT WALLS (U.N.O.) • DOUBLE STUDS AT ALL WINDOW & PATIO DOOR HEADERS (U.N.O.) • PROVIDE LVL/LSL SOLID BLOCKING AT ALL POINT LOADS, SUPPORT BEAMS, MICROLAMS AND GIRDER TRUSSES TO FOUNDATION • PROVIDE FIREBLOCKING VERTICALLY @ CEILINGS & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONCEALED SPACES @ SOFFITS, DROPPED CEILINGS, BETWEEN STAIR STRINGERS & BETWEEN STORIES) • PROVIDE DRAFT STOPPING BETWEEN STORIES DIVIDED INTO APPROX. EQUAL SPACES NOT EXCEEDING 1,000 SF • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN. 1/2" GYP. BD. IN HABITABLE AREAS. SMOKE AND CARBO MONOXIDE ALARMS: • PROVIDE SMOKE ALARM IN EVERY BEDROOM & THE CORRIDOR GIVING ACCESS TO THE BEDROOM ON EACH FLOOR, INCLUDING THE BASEMENT & IN ANY ROOM THAT HAS A CEILING HEIGHT MORE THAN 24" HIGHER THAN A CORRIDOR GIVING ACCESS TO THE BEDROOMS. • PROVIDE CARBON MONOXIDE ALARM WITHIN 10'-0" OF ALL BEDROOMS MILLWORK: • DOORS - 6 PANEL DOORS TO MATCH EXISTING • CASING - 3-1/2" ALL (VERIFY FINAL PROFILE) • BASE - 3-PIECE SYSTEM 5" (VERIFY FINAL PROFILE) ADDITIONAL SQUARE FOOTAGE • MAIN LEVEL ADDITION: 415 SF • GARAGE CONVERSION: 86 SF • LOWER LEVEL CONVERSION: 365 SF TOTAL FINISHED AREA:4,897 SF • PROPOSED GARAGE: 925 SF E X I S T I N G W 1 0 X 3 3 S T E E L B E A M 2 x 1 2 G R N T R T J O I S T S @ 1 2 " O .C . W / H A N G E R S NEW FLUSH 5-1/2"x18" TRT. GLU-LAM EXISTING (2) 11-7/8" LVL E X I S T I N G 2 x 1 2 J O I S T S @ 1 6 " O .C . 2 x 1 2 G R N T R T J O I S T S @ 1 6 " O .C . 2x12 GRN TRT LEDGER 1 8 " F L O O R T R U S S E S @ 1 9 .2 " O .C . W / H A N G E R S (4) 18" LVL FLUSH (3 )1 8 " L V L F L U S H (3)18" LVL FLUSH (3 )1 8 " L V L F L U S H 1 8 " F L O O R T R U S S E S @ 1 9 .2 " O .C . E X I S T I N G 2 x 1 2 J O I S T S @ 1 6 " O .C . 2x12 GRN TRT JOISTS @ 12" O.C. W/ HANGERS (3) 18" LVL FLUSH (2 ) 1 8 " L V L F L U S H 2 x 1 2 G R N T R T S T I N G E R S @ 1 2 " O .C . 16'x6'8" SLIDER T R E A D M I L L ELLIPTICAL ENG. WOOD GAME AREA 13'6" x 10'0" 30" REF. DW NO WORK NO WORK NO WORK NO WORK 42"x84" C .O. SHOWER QUARTZ B E N C H 9'-1" 2'4" 2'6" 2'8" TEMPERED GLASS WALL W/ 3'0" DOOR 2'6" GARAGE DOOR LOC ATION ABOVE 944.7 944.7 5 '-0 " 5 ' - 0 " 3 ' - 4 1 / 2 " UNEXCAVATED REMOVE EXISTING RETAINING WALLS AND STONE PAVERS, STOCK PILE FOR POSSIBLE REUSE NEW RETAINING WALLS PLANTING AREA PLANTING AREA UP NEW 3' CASEMENT NEW 3' AWNING NEW 5' PICTURE NEW 5' AWNINGNEW 5' PICTURE NEW 5' AWNING 3'0" GLASS W/ SIDELIGHT STEP DN A R T W A L L NEW 3' CASEMENT NEW 3' AWNING TILE VEST. 8'8" x 9'0" CONC MECH 9'6" x 5'6"LIN. LINEN CABINET PROVIDE STACK W/D HOOK UPS TILE BATH 7'7" x 11'0" RUBBER EXERCISE 12'0" x 15'0" WETBAR NEW WINDOWS TO FIT R.O. EXISTING EXISTING EXISTING STAIRS UP UP ADDING 365 FINISHED SF PROPOSED LOWER LEVEL SCALE: 1/4" = 1'-0" 1 A1.0 AVERAGE LAKE SHORE SETBACK 2021 (SEE SURVEY) AVERAGE LAKE SHORE SETBACK 1988 (SEE SURVEY) 2'4" NEW CONCRETE/PAVERS TO REPLACE EXISTING PORCH FOOTPRINT AND EXISTING PATIO AREA PLANTING AREA NEW 5' PICTURE NEW 5' AWNING W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N ISSUE/REVISIONS ISSUE:DATE: THE OWNER &/OR BUILDER (G.C.) IS ACCOUNTABLE FOR ALL DESIGN INTENT, SPECIFICATIONS, STRUCTURES, DETAILS, & FINAL DECISIONS OF ATTACHED DRWINGS. THE DESIGNER SHALL NOT HAVE CONTROL OVER OR CHARGE OF AND SHALL NOT BE RESPONSIBLE FOR FABRICATION TECHNIQUE, METHOD OF INSTALLATION, CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, SINCE THESE ARE SOLELY THE CONTRACTORS &/ OR OWNERS RESPONSIBILITY. Copyright ©2022 JALIN Design, LLC AS-BUILTS 11-18-21 SITE PLAN REVIEW 12-15-21 SCHEMATIC DESIGN REVIEW 02-15-22 VARIANCE SUBMISSION 02-22-22 UP 3'0" NEW RETAINING WALLS, STEPPERS AND STAIRS TO LOWER LEVEL PATIO AREA S. D W WOOD LAUNDRY 7'0" x 12'0" W/ PEDESTALS H A N G I N G DW M I C R O D R W D W 30" D.O.42" REF. 3 6 " C .T .WOOD KITCHEN 13'6" x 21'0" 4'6"'x10' ISLAND 1 0 '-0 " R A I S E D H E A R T H A1.1 MAIN LEVEL FLOOR PLAN NORTH PROPOSED MAIN LEVEL SCALE: 1/4" = 1'-0" 1 A1.1 WALL & DOOR KEY EXISTING TO REMAIN EXISTING TO BE REMOVED, UNLESS NOTED OTHERWISE 2'0" EXISTING DOOR TO BE REMOVED EXISTING DOOR TO REMAIN NEW OR RELOCATED DOOR NEW CONCRETE BLOCK FOUNDATION NEW FRAMED WALL/FURRING DN TREX WOOD DECK 19'4" x 14'0" 3 '0 " G L A S S TREX BALCONY 8'0" x 12'0" G R I L L S M O K E R APPROX. SKYLIGHT APPROX. SKYLIGHT APPROX. SKYLIGHT WOOD HALL 23'0" x 4'6" RAISE FLOOR 7" TO ALGIN RAISE FLOOR 7" TO ALGIN WOOD OFFICE/PREP 13'0" x 14'9" 6'6" DESK 6'x8' SLIDER 3'0" 2'6" D R O P Z O N E BENCH / LOCKERS TILE MUDROOM 11'0" x 11'0" TILE WIC 6'0" x 6'7" WOOD B. PANTRY 9'8" x 7'0"EXISTING OPTIONAL CLOSET ARMOIRE 24" WINE WOOD POWDER 6'0" x 5'6" 3'0" 20 MIN PAIR 2'6" 3'6" C .O. 3'6" C.O. 2'6" NEW CUSTOM PICTURE WINDOW TO FIT R.O. (2) WIDE AWNING 2'6" 3'0" 2'8" LINEN 2'6" 2'8" 2'4"WOOD LUGGAGE 5'6" x 5'0" CARPET OWNER'S WIC 11'6" x 13'6" TLE OWNER'S BATH 10'0" x 15'6" EXISTING BAY, NEW WINDOWS BENCH W/ STORAGE S H E L V E S 48"x24" ISLAND WOOD OWNER'S BEDROOM 21'0" x 13'0" EXISTING EXISTING NEW FRONT DOOR W/ SIDE LIGHTS EXISTING EXISTING EXISTING WOOD E. STAIRS 7'0" x 7'6" WOOD VEST. 4'0" x 9'8" WOOD HALL 7'0" x 4'0" WOOD FOYER 9'0" x 12'0" POSSIBLE RADIUS DOOR OR TRANSOM 18' C.O. NEW BEAM CEILING IN EXISTING VAULT 10x14 RIDGE, 8x8 RAFTERS NEW PORTAL FRAME TALL WALL AND REFRAME HIPPED CEILING TO BE CONTINUOUS VAULT WOOD DINING 13'6" x 14'0" WOOD 3-SEASON 115'6" x 15'0" 2'8" 3'0" 3'0" C.O. WOOD GREAT ROOM 19'0" x 19'0" GAS F.P. TRANSOM 16'x8' SLIDER 12'x8' SLIDER OOX 8'x8' SLIDER OX NEW WINDOW NEW WINDOW NEW WINDOW 6'x6' PICTURE 6'x2' PICTURE VAULTED ROOF TRUSSES @ 24" O.C. V A U L T E D R O O F T R U S S E S @ 2 4 " O .C . CABLE RAILING W/ POWDER-COATED ALUM. FRAME C ABLE RAILING W/ POWDER-COATED ALUM. FRAME 953.5+ 953.1+ CONC. 3-CAR GARAGE 36'0" x 23'3" EXISTING EXISTING EXISTING EXISTING NEW CONCRETE STOOP 953.0+ 952.5+ 952.0+ 952.0+ • EXISTING MAIN LEVEL FINISH:2,379 SF • EXISTING LOWER LEVEL FINISH:1,652 SF TOTAL FINISHED AREA:4,031 SF • EXISTING GARAGE:1,011 SF PLAN NOTES: EXTERIOR DIMENSIONS ARE SHEATHING TO SHEATHING SQUARE FOOTAGE: WINDOWS AND DOOR NOTES: • MARVIN ELEVATE WINDOWS (WHITE-EXT / WHITE-INT) CODE MAX. U VALUE = .32 MAX. SHGC = .35 • ALL WINDOWS SET 8'-0" ON MAIN LEVEL, 6'9" ON UPPER LEVEL • BUILDER TO PROVIDE WINDOW ORDER LIST WITH U=FACTORS SHGC. & STC RATING FOR EACH WINDOW & EXTERIOR DOOR • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HTS. • ABBREVATIONS FP. = FALL PROTECTION EGRESS = CODE COMPLINET EGRESS WINDOW TEMP = WINDOW REQUIRES TEMPERED GLASS FLOOR SYSTEM NOTES: • ALL FLOORS TO BE L/480 • FLOOR TRUSS MANUFACTURER TO VERIFY FRAMING BELOW GRANITE TOPS, TUBS, TOILETS AND TILE AREAS ABOVE • FLOOR TRUSS MANUFACTURER TO PROVIDE HEAT SUPPLY & RETURN CHASE LOC ATIONS IN TRUSSES • BUILDER TO PROVIDE CITY WITH TRUSS LAYOUT PLANS FLOOR PLAN NOTES: • EXISTING MAIN LEVEL HAVE 8'0" CEILINGS U.N.O. • 2x6 STUDS @ POCKET DOOR PLUMBING VENT WALLS (U.N.O.) • DOUBLE STUDS AT ALL WINDOW & PATIO DOOR HEADERS (U.N.O.) • PROVIDE LVL/LSL SOLID BLOCKING AT ALL POINT LOADS, SUPPORT BEAMS, MICROLAMS AND GIRDER TRUSSES TO FOUNDATION • PROVIDE FIREBLOCKING VERTICALLY @ CEILINGS & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONCEALED SPACES @ SOFFITS,DROPPED CEILINGS,BETWEEN STAIR STRINGERS & BETWEEN STORIES) • PROVIDE DRAFT STOPPING BETWEEN STORIES DIVIDED INTO APPROX. EQUAL SPACES NOT EXCEEDING 1,000 SF • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN. 1/2" GYP. BD. IN HABITABLE AREAS. SMOKE AND CARBON MONOXIDE ALARMS: • PROVIDE SMOKE ALARM IN EVERY BEDROOM & THE CORRIDOR GIVING ACCESS TO THE BEDROOM ON EACH FLOOR, INCLUDING THE BASEMENT & IN ANY ROOM THAT HAS A CEILING HEIGHT MORE THAN 24" HIGHER THAN A CORRIDOR GIVING ACCESS TO THE BEDROOMS. • PROVIDE CARBON MONOXIDE ALARM WITHIN 10'-0" OF ALL BEDROOMS MILLWORK: • DOORS - 6 PANEL DOORS TO MATCH EXISTING • CASING - 3-1/2" ALL (VERIFY FINAL PROFILE) • BASE - 3-PIECE SYSTEM 5" (VERIFY FINAL PROFILE) ADDITIONAL SQUARE FOOTAGE • MAIN LEVEL ADDITION: 415 SF • GARAGE CONVERSION: 86 SF • LOWER LEVEL CONVERSION: 365 SF TOTAL FINISHED AREA:4,897 SF • PROPOSED GARAGE: 925 SF 14'-6"16'-0"1'-6"19'-4 1/2"4'-0" 2 '-0 " 5 '-0 " 6 '-0 " 5 '-0 " 1 2 '-0 " 2'-3 1/2" 16'-0" 11'-1"2'-7 1/2" 1 6 '-0 " 2'-8 1/4"5'-6 3/4"5'-7"2'-2"2'-5"4'-10"4'-10"2'-5" 10'-2 1/2"4'-1 1/4"9'-7"10"3'-5 1/2"6'-0"3'-9"6'-0" 6 '-5 1 /2 " 6 '-2 1 /4 " 6 '-2 1 /4 " 1'-10" 1'-10 1/8" 4'-0 1/2" STEP STEP 1 3 '-7 " 4 '-0 1 /4 " 2 '-3 1 /4 " 6 '-2 7 /8 " 4 ' - 5 " 8'-4 1/2"5'-11"6'-7 3/4"6'-8 3/4" 4 '-9 1 /2 " 4 '-0 " 6 1 /2 " NEW WINDOW TO FIT R.O. NEW WINDOW TO FIT R.O. NEW WINDOW TO FIT R.O. NEW WINDOW TO FIT R.O. OPTIONAL TRUSS FIX IN OWNER'S BEDROOM TO CREATE TRAY CEILING INSIDE EXISTING ROOFLINE 3'4'x6' 3'4"x2' AWN 3'4'x6' 3'4"x2' AWN 3'4'x6' 3'4"x2' AWN 3'4'x6' 3'4"x2' AWN 3'4'x6' 3'4"x2' AWN APPROX. SKYLIGHT WOOD OWNER'S BEDROOM 21'0" x 13'0" OPTIONAL TRUSS FIX IN OWNER'S BEDROOM TO CREATE TRAY CEILING INSIDE EXISTING ROOFLINE AVERAGE LAKE SHORE SETBACK 2021 (SEE SURVEY) AVERAGE LAKE SHORE SETBACK 1988 (SEE SURVEY) NEW DECK TO REPLACE EXISTING LOWER LEVEL PORCH W/ DECK ABOVE W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N ISSUE/REVISIONS ISSUE:DATE: THE OWNER &/OR BUILDER (G.C.) IS ACCOUNTABLE FOR ALL DESIGN INTENT, SPECIFICATIONS, STRUCTURES, DETAILS, & FINAL DECISIONS OF ATTACHED DRWINGS. THE DESIGNER SHALL NOT HAVE CONTROL OVER OR CHARGE OF AND SHALL NOT BE RESPONSIBLE FOR FABRICATION TECHNIQUE, METHOD OF INSTALLATION, CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, SINCE THESE ARE SOLELY THE CONTRACTORS &/ OR OWNERS RESPONSIBILITY. Copyright ©2022 JALIN Design, LLC AS-BUILTS 11-18-21 SITE PLAN REVIEW 12-15-21 SCHEMATIC DESIGN REVIEW 02-15-22 VARIANCE SUBMISSION 02-22-22 A2.0 EXTERIOR ELEVATIONS SIDE ELEVATION SC ALE: 1/4" = 1'-0" 2 A2.0 ADDITION 12 8+ ALIGN RIDGES NEW ROOF LINES AND SHINGLES TO MATCH EXISTING WINSOR ONE FASCIA AND SOFFIT TO MATCH EXISTING PROVIDE GUTTERS TO MATCH AS NEEDED2'-0" 1'-0" NEW 36" H. CABLE RAILING SYSTEM NEW WINDOWS NEW WINDOWS NEW WINDOWS WALL AREA AND LOWER LEVEL ACCESS BEHIND EXISTING RETAINING WALL, TO BE REBUILT PORCH ADDITION KITCHEN ADDITION TO ALIGN WITH DECK WHICH WAS THE EXISTING PORCH LOCATION EXISTING GARAGE WALL AND DOOR NEW CONC. STOOP SEE PLAN REAR (LAKE SIDE) ELEVATION SCALE: 1/4" = 1'-0" 1 A2.0 ADDITION EXISTING ROOF LINES EXISTING CHIMNEY NEW WINDOWS NEW WINDOWS NEW DOOR NEW DOOR NEW WINDOWS REMOVE DUTCH HIP AND REBUILD GABLE FACE NEW 36" H. CABLE RAILING SYSTEM 12 9 MATCH EXISTING GARAGE IN BACKGROUND REWORK EXISTING RETAINING WALLS AND STEPS PER PLAN NEW WINDOWSNEW WINDOWS NEW WINDOWSNEW DOOR EXISTING ROOF LINES EXISTING LAKE SIDE IMAGES SC ALE: 1/4" = 1'-0" 3 A2.0 W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N ISSUE/REVISIONS ISSUE:DATE: THE OWNER &/OR BUILDER (G.C.) IS ACCOUNTABLE FOR ALL DESIGN INTENT, SPECIFICATIONS, STRUCTURES, DETAILS, & FINAL DECISIONS OF ATTACHED DRWINGS. THE DESIGNER SHALL NOT HAVE CONTROL OVER OR CHARGE OF AND SHALL NOT BE RESPONSIBLE FOR FABRICATION TECHNIQUE, METHOD OF INSTALLATION, CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, SINCE THESE ARE SOLELY THE CONTRACTORS &/ OR OWNERS RESPONSIBILITY. Copyright ©2022 JALIN Design, LLC AS-BUILTS 11-18-21 SITE PLAN REVIEW 12-15-21 SCHEMATIC DESIGN REVIEW 02-15-22 VARIANCE SUBMISSION 02-22-22 DECK SIDE PERSPECTIVE SCALE: 1/4" = 1'-0" 2 A2.1 PERSPECTIVE FROM LAKE SCALE: 1/4" = 1'-0" 3 A2.1 PORCH SIDE PERSPECTIVE SC ALE: 1/4" = 1'-0" 1 A2.1 A2.1 EXTERIOR PERSPECTIVES W U N D E R L I C H R E S I D E N C E 2 7 2 6 C A R O L I N E A V E . O R O N O , M N ISSUE/REVISIONS ISSUE:DATE: THE OWNER &/OR BUILDER (G.C.) IS ACCOUNTABLE FOR ALL DESIGN INTENT, SPECIFICATIONS, STRUCTURES, DETAILS, & FINAL DECISIONS OF ATTACHED DRWINGS. THE DESIGNER SHALL NOT HAVE CONTROL OVER OR CHARGE OF AND SHALL NOT BE RESPONSIBLE FOR FABRICATION TECHNIQUE, METHOD OF INSTALLATION, CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, SINCE THESE ARE SOLELY THE CONTRACTORS &/ OR OWNERS RESPONSIBILITY. Copyright ©2022 JALIN Design, LLC AS-BUILTS 11-18-21 SITE PLAN REVIEW 12-15-21 SCHEMATIC DESIGN REVIEW 02-15-22 VARIANCE SUBMISSION 02-22-22 MINUTES OF THE ORONO PLANNING COMMISSION Monday, March 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 1. LA22-000013, JALIN DESIGN, LLC – JEFF LINDGREN, 2726 CAROLINE AVENUE, AVERAGE LAKESHORE SETBACK VARIANCE (STAFF: MELANIE CURTIS) Jeff Lindgren, on behalf of the Applicant, was present. Staff presented a summary packet of information. Curtis stated the owners would like to construct additions on the lakeside of their home including a main level expansion of the kitchen and a screen porch which will encroach approximately 15 feet into the Average Lakeshore Setback (ALS). They also plan to rebuild an existing deck with a slightly expanded footprint squaring off some clipped edges of the existing footprint which is 21.5 feet into the ALS. The Applicant has identified the unique shoreline, adjacent homes, and shape and orientation of the subject property as practical difficulties. The proposed additions have been designed to minimize impact to the adjacent properties and to protect their existing views of the lake. Supportive comments have been received by the affected neighbors on each side of the property and are included in the packet. Staff agrees that the location of the existing home with respect to the shoreline and adjacent homes contribute to practical difficulty on the property. Staff recommends approval of the Average Lakeshore Setback as requested. Jeff Lindgren, 6514 108th Trail, Brooklyn Park, stated the existing deck is actually a habitable porch which is enclosed and heated; it is falling apart and leaking. Chair McCutcheon opened the public hearing at 6:28 p.m. Chair McCutcheon closed the public hearing at 6:28 p.m. Libby agreed it is an unusual property with the way the lot is shaped and the orientation. Erickson also feels this is a reasonable use for the property with many neighboring homes already having been upgraded and the owners are bringing this home closer to the level of the neighborhood. Chair McCutcheon agreed. Libby moved, Erickson seconded, to approve LA22-000013, 2726 Caroline Avenue, Average Lakeshore Setback Variance. VOTE: Ayes: 4, Nays 0. Date Application Received: 02/23/2022 Date Application Considered as Complete: 03/07/2022 60-Day Review Period Expires: 05/06/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 March 2022 Subject: #LA22-000013, JALIN Design LLC o/b/o Dale and Cynthia Wunderlich, 2726 Caroline Avenue Variance Public Hearing Background The property is situated on somewhat of a knob of land on an otherwise linear shoreline which creates an abnormal average lakeshore setback line as it is defined affecting the subject property and the immediate lakeshore neighbors. The owners would like to construct additions on the lake side of the home including a main level expansion of the kitchen and a screen porch all which will encroach approximately 15 feet into the average lakeshore setback; and rebuilding an existing deck with a slightly expanded footprint, 21.5 feet into the average lakeshore setback, no closer to the lake than the existing deck. An average lakeshore setback variance is required. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the shoreline, the adjacent homes, and the shape and orientation of the subject property as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff agrees that the location of the existing home with respect to the shoreline and the home to the north contribute to the practical difficulty on this property. The sudden, brief curve of the shoreline also creates a challenge regarding the average lakeshore setback affecting this property. Application Summary: The applicant is requesting an average lakeshore setback variance in order to construct additions to the home, lakeward of the average lakeshore setback. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA22-000013 21 March 2022 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-350 and 78-1279 – Setbacks: LR-1C DISTRICT Required Existing Proposed Rear / Street 30’ NA NA North Side 10’ 10’ house 28’ deck 27’ deck South Side 10’ 10.9’ house 38’ house addition Lakeshore 75’ 102’ deck 110’ house Average Lakeshore The existing home is 2.5 feet and the deck is 21.5 feet lakeward of the average lakeshore setback line. The proposed improvement will not encroach further than the existing deck. The house addition will extend approximately 15 feet into the average lakeshore setback. Section 78-350 – Lot Area/Width: DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 36,510 s.f. (0.8 acre) 122’ @ 75’ / 122’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 36,510 s.f. (0.8 acre) Allowed: 7,302 s.f. (20%) Existing: 3,497 s.f. (9.5%) Proposed: 3,915 s.f. (10.7%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 36,510 s.f. 9,127 s.f. (25 %) 7,221 s.f. (19.8%) 7,359 s.f. (20.1%) Applicable Regulations: Average Lakeshore Setback Variance (Code Section 78-1279) The subject property it is situated on somewhat of a knob or bump in the shoreline and the result is the average lakeshore setback requirement pushes the home approximately 20 feet further from the lake than the neighbor to the south. The additions to the home have been designed to minimize the impact to the adjacent properties and the views of the lake. The proposed additions will encroach into the average FILE # LA22-000013 21 March 2022 Page 3 of 5 lakeshore setback 15 feet, and the reconstructed deck will generally be in the same footprint, however the applicant is proposing to square off the corners rather than rebuilding the clipped corner footprint that exists today. The new deck and stair will be no closer to the lake than existing. Due to the average lakeshore setback, no improvements can be constructed on the lake side of the home without variances. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance is in harmony with the purpose of the Ordinance. The property includes difficulties in its shape, the existing dense vegetation along both property lines, the orientation of the shoreline, location of adjacent homes, and the existing home’s proximity to the lake. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to construct additions to the home on this property are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home additions in the proposed location partially within the average lakeshore setback appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore, the existing vegetative screening, and adjacent properties creates difficulties. The request is reasonable. b. There are circumstances unique to the property not created by the landowner; The unique shape of the property and shoreline, the existing home’s location with respect to the lake and the neighboring home locations prevent lakeside expansions of the residential footprint consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the property; and FILE # LA22-000013 21 March 2022 Page 4 of 5 c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of additions to the home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a single family home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s unique shape and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes create difficulties for the Owners in improving the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s unique shape, shoreline orientation, and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the average lakeshore setback variance is necessary for the preservation of the property right of the owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variance is necessary, and does not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Comments have been received from the affected neighbors on both sides which support the applicant’s request. Comments are attached as Exhibit H. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the FILE # LA22-000013 21 March 2022 Page 5 of 5 property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance as requested. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Conditions Survey Exhibit D. Proposed Survey Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photos Exhibit H. Neighbor Comments Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: LLO Reviewed By: J. Barnhart Approved By 1. Purpose. The applicant is requesting to reconstruct the retaining walls in the 75’ lakeyard with expansion due to the change in building materials. 2. Background. The applicant is proposing to replace the concrete block retaining wall within the 75’ lakeyard setback. The applicant has stated the current wall is failing. They propose a wall which follows the footprint of the existing retaining wall, and will match the abutting neighbors to the north, which is a large boulder type wall. These walls will tie in together. The property abuts Lake Minnetonka with a large slope along the shoreline. The property is currently vacant. A variance is required because of the size of the building materials is larger than the existing materials The Council reviewed the application on the March 14, 2022 meeting and gave the applicant direction to follow the same footprint as the existing retaining walls and to work to bring the project closer to an in- kind replacement of the existing improvement. The applicant submitted an amended plan on April 5. While the existing walls is constructed of concrete block, the new walls are proposed to be constructed from boulders. By their nature, the boulders create a larger footprint then the existing concrete block creating a new expansion in the 75’ lakeyard. Per the Engineering submitted, in order to construct the walls at the appropriate height the boulders at the base of the wall would be a maximum of 42” in depth and taper off up to 12” in depth at the top of the wall. 3. Additional Research: There were several comments during the council’s review that suggested only in-kind replacement in the lake yard has been permitted in recent years. Retaining walls are often considered differently from buildings. A cursory review of the last three years’ land use applications shows the Council has been slightly more open to variances for retaining walls. Notable examples include 2710 Pence (new boulder wall associated with new stairs); 2605 North Shore Drive (A new house with reconstruction of existing retaining walls), 1905 Concordia (Subterranean walls were approved to be installed after a slope failure), 3315 Crystal Bay Road (new retaining walls associated with a new house), 2927 Casco Point Rd (new retaining walls associated with new stairs) The Council has allowed these improvements to stabilize sensitive slopes. 4. 15.99 Deadline. The applicant made a complete application on January 18, 2022. The original review period have been extended to May 18, 2022. 5. Public Comment One written comment was received in support of the project. The same neighbor, Melissa Santrach at 1700 Bohns Point Rd, attended the meeting and spoke in support of the project. 6. Staff Recommendation. Planning Staff recommends approval of the variance as revised. The retaining wall follows the path of the existing wall, and the variance is necessary only due to the change in size of the wall materials. Staff believes the replacement of a concrete block wall with a boulder wall more completely meet the goals of the ordinance, which in part, intended to preserve a natural shoreline. COUNCIL ACTION REQUESTED Provide a motion to direct staff to draft a resolution Item No.: 14 Date: April 11, 2022 Item Description: LA21-000076, Yardscapes, Inc. - Lincoln Danforth, 1720 Bohns Point Road, Variances Presenter: Laura Oakden Planner Agenda Section: Planning Department Report Exhibits Exhibit A. Revised Plan Information Exhibit B. Site Photos Exhibit C. Council Minutes References City Council Packet 03/15/2022 Planning Commission Packet 02/22/22 17 2 5 B O H N S P O I N T R O A D 18407 N : \ P r o j e c t s \ 1 8 0 4 5 \ 1 8 0 4 5 R R . d w g , 4 / 1 9 / 2 0 1 8 1 : 0 6 : 3 5 P M CC E x h i b i t A LA21-000076 Ex i s t i n g W a l l i n Yellow 15. LA21-000076 – YARDSCAPES, INC., LINCOLN DANFORTH, 1720 BOHNS POINT ROAD, VARIANCES City Planner Laura Oakden gave a presentation on the item, noting the Applicant is proposing to reconstruct a failing concrete retaining wall within the 75’ lakeyard setback. She showed a survey on screen of the proposed and existing wall. The property abuts Lake Minnetonka with a large slope along the shoreline and is currently vacant. Ms. Oakden said the new proposed walls will be boulders to match the walls of the neighbors to the north. Most of the walls will follow the same footprint as the existing walls. There is a slight variation in the first 30 feet of the wall abutting the northern property; The Planning Commission held a public hearing on February 22, 2022 and voted 5 to 0 to approve the variance request. Staff recommended approval of the variance with additional landscape screening. City Council is asked to provide direction to Staff for drafting a resolution. Mayor Walsh shared that he walked the property. He asked the home owners’ representative if he did the work on the structure on the property. Lincoln Danforth, representing the home owner Christian Park, replied in the negative and believes the home owner did it himself. Mayor Walsh asked about electrical, concrete, stonework, framing, and roof work. Mr. Danforth did not know who did those and noted there is a boat house around the side where the house structure is. He has not been down to see it since there was work done. LA21-000076 – YARDSCAPES, INC., LINCOLN DANFORTH, 1720 BOHNS POINT ROAD, VARIANCES – Continued Mayor Walsh stated there is a brand-new boat house there and he wondered who did it because no permits were pulled, it is not allowed, and it was built in the middle of the night in the wintertime. Mr. Danforth has not been down there since any work was done so he cannot comment on the boat house. Tonight his part is regarding the retaining wall. In 2017, his company did the landscaping on the house next door noting they had permission to repair some failing walls at that time. The engineering is already done as well as drainage and he does not know why the concrete system has an irregular jog outward and whether it was done for structural purposes or extra support at the time. Mayor Walsh said it almost relates to the boat house. The City Council has had people with small boat houses or storage shacks that want to move them and the City has never allowed that, even a foot in the floodplains. Rather, the City Council has had the Applicants raise the structure without going bigger or taller. The problem Mayor Walsh sees in allowing the Applicant to straighten out the walls to make it look better is allowing them to do something that others have not been allowed to do. When there is hardcover, foundations, and structural coverage in the 0-75, they must live with the formation that is there. He noted they must follow like-and-kind and the same footprint as is present currently. The City Council discussed wall integrity, width of the footprint, and like-and-kind. Mr. Danforth asked to go back and revisit what can be done regarding the wall. Johnson moved, Crosby seconded, to table LA21-000076, 1720 BOHNS POINT ROAD, VARIANCES. VOTE: Ayes 3, Nays 0. AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding variances to facilitate an administrative boundary line adjustment between 2941 and 2967 Casco Point Road following the split between the two of the property in the middle (2965 Casco Point Road). The variances include hardcover and guest house lot area. A CUP is also requested for the guest house. 2. MN§15.99 Application Deadline. The application was received on January 4, 2022, and considered to be complete on January 21st. The 60-Day review period has been extended and now expires on May 21, 2022. 3. Background/ Summary. The applicants own the properties on either side of 2965 Casco Point Road (formerly the Swenson property). The Swenson lot is nonconforming in area, width, and hardcover. When the property was offered for sale in 2021, the Abbotts and Oares purchased it jointly. They hope to split the property and combine each abutting piece with their own lots. They are proposing to maintain the existing buildings - the existing home will become part of the Oare property and the detached garage will go to the Abbott property. An administrative boundary line adjustment (officially called a Subdivision Exception) can be completed by staff and recorded by each of the owners to combine and move the lot lines if no new non-conformities are created or an existing non-conformity is not increased. They have applied for the Subdivision Exception application (#LA21-000078) with the hope that the requested variances will be granted and the lot can be split between the two parties. a. Hardcover Variance: Although the 3 combined lots currently exceed 25% (27.4%) the applicants are proposing a total net decrease in hardcover of 813 square feet. The applicants have revised their request to further reduce hardcover overall. The hardcover for the new combined Abbott parcel will have 26.8 % hardcover, and the new Oare property will have 25.6%. The present situation was not contemplated by the ordinance, where a third lot is absorbed into two existing lots. b. Guest House Lot Area Variance: The Oares wish to maintain the full functionality of the existing “Swenson” home to serve as a Guest House. A guest house use in the LR-1C district requires a minimum lot area of 1.0 acre in addition to a Conditional Use Permit (CUP). The resulting lot area for the Oare property is proposed to be 0.73 acre. They are requesting a lot area variance from the guest house acreage requirement as part of this application. 4. Planning Commission Vote and Comment. On February 22nd, the Planning Commission held a public hearing. There was considerable discussion surrounding the lot area variance to support a guest house CUP. The Commission seemed to generally support the application in spirit based mostly on the applicants’ proposal to remove one very nonconforming lot. However with the technical criteria of a practical difficulty not being met, they were not able to support the variance. Additionally, the Commission did not support the requested hardcover levels. As a result, following the public hearing the Planning Commission voted 5 to 0 on a motion to deny the requested variances as applied. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit E. Item No.: 15 Date: April 11, 2022 Item Description: LA22-000001 – Tim & Leslie Oare and John & Michele Abbott, 2967 Casco Point Road (Oare) & 2941 Casco Point Road (Abbott) – Variances and Conditional Use Permit Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 6. Staff Recommendation. a. Staff recommends approval of the hardcover variance for both properties resulting in a net decrease. b. Staff continues to recommend denial of the lot area variance for the guest house use. Staff has not identified practical difficulty to support a 2nd dwelling unit on the property. The variance to the required minimum lot area for a guest house use is at odds with Orono’s density standards and is not necessary for the applicants’ enjoyment of property rights. The Oares are permitted to maintain plumbing facilities in the existing house with a restrictive covenant addressing the use as an accessory building with full plumbing. COUNCIL ACTION REQUESTED Direct Staff to draft a resolution reflecting Council’s decision for adoption. Exhibits A. Proposed Plans – Revised B. Applicant Narrative C. Staff Hardcover Summary D. Draft PC Minutes E. Public Comment F. PC Staff Report References PC Exhibits 02/21/2022 A. Application & Narrative B. Practical Difficulties Documentation Form C. Proposed Survey D. Survey Annotated by Staff E. Existing and Proposed Hardcover Calculations F. Lot Area & Hardcover Summary G. Public Comment H. Aerial Photo/ ALS Exhibit I. Property Owners List J. Plat Map Page | 1 April 4, 2022 Oare/Abbott Application for Variances and/or Conditional Use Permit Contains the following “Pro” & “Con” aspects: Cons 1.) The (to be) family/guest house does not meet the criteria of (1) acre lot size which is required for guest houses to be built. The homes at 2965 & 2967 were originally ONE property. This original property totaled the acre required to have a guest house prior to being split & sold off to create what is now 2965. Pros 1.) Causes 3 lots with 3 property ID numbers to become 2 legal lots with 2 property ID numbers. Combining 2967 & 2965, which are both non-conforming, creates 1 conforming lot. 2.) Inconsistent average lakeshore setback condition is eliminated. 3.) Eliminates the full-time use single family home on a virtual “flag” lot with legal lake access width of only 20’ of lakeshore with LMCD-permitted dock rights. 4.) Permanently eliminates the LMCD-permitted dock rights, existing structured deck, and stair to the lakeshore. 5.) Eliminates the former Swenson (2965) property’s hardcover non-conformity over 25% by 6.84% of the lot size. 6.) The present drive easement at 2965 & 2941 will be eliminated. 7.) Eliminates substantial existing hardcover. a. The Oares are effectively reducing their new parcel from 29.06% to 25.66% hardcover through the proposed Swenson (2965) lot elimination. 8.) The Oares (2967) withdraw their request for adding 2 parking spaces and the respective additional hardcover, which was to be immediately off Casco Point Road. 9.) Allows continued use of non-conforming existing conditions that were permitted and granted by municipal processes in the distant & recent past. This continuation supports preserving the rights and privileges once allowed without the needless discarding of past labor & natural materials used in building the existing human habitation that exists today. Page | 2 April 4, 2022 10.) The proposed use and conditions attached with the Oare accessory building will lessen traffic, congestion, and parking requirements in this area of Casco Point Road due to the resulting temporary family & friend only use vs. the previous full-time, year-round, separate single family home use & occupancy. Although the Oares & the Abbotts strongly encourage recognition of the overall reasonability of this request, as co-owners, they must consider the alternative – a disapproval. If not approved, the 2965 property could go back on the market, and remain a non-conforming lot with all its current rights, privileges, permits, and easements. Another possibility could be to share the property and leave all existing conditions fully in place, but use as a single family, year-round rental home. Cooperatively, to be very clear, these options are absolutely not the design or the intentions of this application. Lot Area & Hardcover Summary – Revised (Staff Calculations) Lot Area Existing Abbott 27,584 s.f. Swenson 21,240 s.f. Oare + 20,851 s.f. Total 69,675 s.f. Lot Area Proposed Abbott 37,600 s.f. Oare + 32,075 s.f. Total 69,675 s.f. Hardcover Existing Hardcover Proposed Abbott 6,333 s.f. 23% Abbott 10,111 s.f. 26.8% Swenson 6,763 s.f. 31% Oare + 6,059 s.f. 29% Oare + 8,231 s.f. 25.6% Total 19,155 s.f. 27.4% Total 18,342 s.f. 26.3% Proposed Hardcover Removals: 284 s.f. driveway (Abbott) 88 s.f. concrete (Abbott) 61 s.f. stepping stones (Abbott) 130 s.f. concrete patio (Oare) 240 s.f. lake deck and stair (Oare) 10 s.f. stepping stones (Oare) Total removals = 813 s.f. MINUTES OF THE ORONO PLANNING COMMISSION February 22, 2022 6:00 o’clock p.m. 1. LA22-000001 TIM & LESLIE OARE AND JOHN & MICHELE ABBOTT, 2941 CASCO POINT ROAD AND 2967 CASCO POINT ROAD, REQUEST HARDCOVER VARIANCES, A LOT AREA VARIANCE FOR A GUEST HOUSE, AND A CONDITIONAL USE PERMIT FOR A GUEST HOUSE AS PART OF A BOUNDARY LINE ADJUSTMENT AND LOT COMBINATION OF THE PROPERTY AT 2965 CASCO POINT ROAD. Tim and Leslie Oare, and John and Michele Abbott, Applicants, were present. Staff presented a summary packet of information. Ms. Curtis stated the Abbotts and the Oares purchased 2965 Casco Point Road (referred to in the Staff report as the Swenson property). The Abbotts have lived at 2941 Casco Point Road for a number of years; the Oares recently built a new home at 2967 Casco Point Road. They hope to split the property and combine each portion with their lots. An administrative boundary line adjustment (officially called a Subdivision Exception) can be completed by Staff and recorded by the owner to combine and move the lot lines if no new non-conformities are created or an existing non-conformity is not increased. Variances for hardcover for both lots are requested, a lot area variance, and a conditional use permit (CUP) supporting a guest house for the Oare property are requested. The Applicants propose a net decrease in hardcover of 22 square feet. However, the hardcover for the parcel to be owned by the Abbotts will increase from 22.96 to 27.5%, and the Oare property hardcover square footage increases and will exceed 25%. The currently non-conforming-sized Oare property will become conforming within the district with respect to lot area and lot width. The Abbott property will conform to lot area while lot width will remain the same and will acquire the detached garage; the Oares will acquire the Swenson home and wish to maintain the full functionality of the existing home to serve as a guest house. A guest house use in the LR-1C district requires two times the district minimum acreage. In this case, a minimum lot area of 1-acre is required for a guest house use in addition to a CUP. The resulting lot area for the Oare property is proposed to be 0.73 acre. They are also requesting a lot area variance from the guest house acreage requirement as part of this application. They have applied for the Subdivision Exception application (#LA21-000078) with the hope that the requested variances will be granted and the lot can be split between the two parties. Ms. Curtis showed the proposed hardcover removals on screen, noting the City Engineer had comments regarding the new driveway to serve the guest house and indicated that City Code would only allow one curb cut per property so the second driveway cannot be approved by Staff. Comments from neighbors are included. Regarding practical difficulty, Staff finds that the elimination of a non-conforming lot is a positive improvement from an average lakeshore setback perspective, as well as the overall reduction of hardcover between the 3 properties. The hardcover variance requested may be supported by practical difficulty as an improvement from the existing condition, however the new driveway hardcover proposed (on the Oare lot) is not supported, nor is it permitted by code. Staff does not find practical difficulties exist which support the requested lot area variance to permit a guest house use. Staff recommends denial of the lot area variance for the guest house use and denial of the CUP for the guest house. The Oares are permitted to maintain plumbing facilities in the existing house with a restrictive covenant addressing the use as an accessory building with full plumbing facilities. As the building is currently a fully appointed home, Staff recommends the Commission discuss whether or not modifications to the existing home are appropriate under this scenario. Regarding the requested hardcover variances, staff recommends denial of the hardcover variances for the Oare property. The Oares should consider making the following changes: 1. Elimination of the proposed driveway/parking area on the Oare property; 2. Removal of the existing lakeside “Swenson” deck on the Oare property; and 3. Removal of at least 340 square feet of existing patio hardcover on the lakeside of the MINUTES OF THE ORONO PLANNING COMMISSION February 22, 2022 6:00 o’clock p.m. “Swenson” house. Staff recommends approval of some level of hardcover variance for the Abbott property, however encourages removal of any hardcover that exceeds the minimum necessary to serve the property. John Abbott, 2941 Casco Point Road, noted the Oare parcel is very narrow with 20 feet of lakeshore. The parcel was associated with the Oare property a long time ago and at some point the decision was made to split that guest house off and make it into a separate parcel. He noted a 20 foot lakeshore is very narrow to keep a boat and shared historical disputes that resulted in a variance granted to allow a dock on the property. The Swensons did not abide by that but it was tolerated by neighbors. When the Abbots and Oares found that the property was for sale, they realized it was a once-in-a-lifetime opportunity to remedy the situation of a congested area. The Applicants would like to work with the City to accommodate the request to split the parcel. He shared they are not doing anything to change the property but divide it up, remove the dock, and remove hardcover. Leslie Dennis Oare, 2967 Casco Point Road, supports what Mr. Abbott just said. They felt it was an opportunity to eliminate a non-conforming property with an inconsistent lakeshore setback and eliminate the dock and the 50-page dock permit with the Lake Minnetonka Conservation District. She apologized if parking spots were an issue noting they thought it was a good opportunity to provide more parking but they would not be needed. She clarified the hardcover on the new parcel would drop, and as Mr. Abbott mentioned, the guest house was originally part of her property and they would also eliminate a large section of sidewalk between the garage and existing house. The patio is an extension of the house with a built-in firepit and stamped concrete and would be very difficult to remove. The Applicants feel they are making positive changes by removing the non-conformity and hope they can move forward. Chair Kirchner opened the public hearing at 6:28 p.m. Chair Kirchner closed the public hearing at 6:28 p.m. Chair Kirchner can support the spirit of what is trying to be accomplished, however they would also be eliminating a non-conforming lot to then allow for a guest house on a non-conforming lot that does not meet area requirements. Bollis thinks it is a unique opportunity to go back in time and make this how it should have been before it was split off. Regarding the guest house, he noted the one acre rule and clarified that the house could stay but would not be labeled or allowed to be a guest house. Ms. Curtis replied it would not be allowed to be a dwelling but would be like any other accessory building such as a pool house, office, detached garage, or workout room. The one acre rule comes from the desire to not increase the density of the district. Bollis stated one could argue that this decreases the density because they would be eliminating it as a private residence. Ms. Curtis shared that the density stays the same. Bollis stated he could get behind a guest house on less than one acre, and said it would be nice to create some off street parking without an additional curb cut. In general he likes the spirit of the application. MINUTES OF THE ORONO PLANNING COMMISSION February 22, 2022 6:00 o’clock p.m. Ressler agrees they are improving the position and asked if they tore it down to rebuild as a carriage house, this would be conforming as an accessory building. Ms. Curtis replied in the affirmative. Ressler agrees with Staff that the lakeside deck and walkway close to the shoreline be removed. He appreciates the Applicant removing the curb cut and agrees with Bollis on the parking and not allowing it to spill out onto the street. He noted even though the stamped concrete is beautiful to see, if the Applicant could remove that and propose an area that does not need a new curb cut to allow for additional parking they could see if there is support from the City on that. Ressler could support hardcover for parking if it did not require additional curb cuts. He agrees with Staff’s decision and would be supportive for most of this but not as it is applied. He thinks it would get too messy to do an amended vote to approve rather than to recommend denial as submitted with the feedback he has provided. He noted that for the consideration of the City Council. Erickson thinks it is admirable that the effort has been made to acquire an additional non-conforming property and re-divide it and that is commendable. Unfortunately, it creates some other problems such as hardcover. It leaves him in a bit of a quandary. Libby noted it is complicated. He finds some contradictions with the idea that another curb cut could facilitate additional parking but does not align with Staff recommendations. He thinks the additional conditions in paragraph number 7 are all prudent and should follow suit if the Applicant was to accomplish, in spirit, what they are trying to do. Libby stated it is a catch-22 in a way because it does not meet Code yet the recommendation of Staff does not support having a second curb cut so they are at an impasse. He cannot add anything constructive as an additional recommendation and thinks they need to see how the City Council looks at this. Chair Kirchner does not support the existing house being used as a guest house. They have heard statements about congestion issues and leaving an additional dwelling unit does not alleviate that congestion. Ressler moved, Libby seconded, to deny LA22-000001 Tim & Leslie Oare and John & Michele Abbott, 2941 Casco Point Road and 2967 Casco Point Road, Hardcover Variances, a Lot Area Variance for a Guest House, and a Conditional Use Permit for a Guest House as Part of a Boundary Line Adjustment and Lot Combination of the Property at 2965 Casco Point Road. Ms. Oare said Casco Point Road does not have curbs and asked what the definition of a curb cut is. Ms. Curtis replied it is a driveway access. Ms. Oare clarified if a relative came to visit in the summer, they could not stay in the house. Chair Kirchner replied not without a conditional use permit. Mr. Abbott stated that home has existed as a home for a very long time and there is not a new guest home being created here, rather they are only trying to maintain what is there in a much-improved situation than MINUTES OF THE ORONO PLANNING COMMISSION February 22, 2022 6:00 o’clock p.m. existed before. It becomes challenging because they want to see it improved and if someone else had bought it, it could have been a rental house. The use of the home will be far, far, far less than it ever could have been in its prior history. He clarified they are asking for something less than what exists today as part of the improvement. VOTE: Ayes 5, Nays 0. From:Michele Abbott To:Melanie Curtis Subject:Support for Tim and Leslie Oare Conditional Use Permit Date:Wednesday, January 19, 2022 8:14:42 AM We live next door to Tim and Leslie Oare, and are the neighbors closest to the carriage house for which they are requesting a Guest House Conditional Use Permit (CUP). We are in total support of their request and have no issue with their using this property for occasional guests. In fact, we strongly favor this over having the property individually owned with permanent residents. We anticipate that transitioning the home away from a residence will reduce congestion and noise on the small property and lakeshore. From an historical perspective, the home was formerly a carriage house. It was split off of the primary property years ago to make it an independent home. Allowing the house to be a guest house reverts the home to something much closer to its original use. As a neighbor, this is a preferred situation to having a completely separate residence on the small property sandwiched between our property and the Oare property. We hope the city will approve this CUP Michele and John Abbott 2941 Casco Point Road 763.442.4851 From:Bonnie Martinson To:Melanie Curtis Subject:Proposed parking spaces for 2941 Casco Point Road Date:Tuesday, February 15, 2022 4:35:02 PM Melanie, Thanks for the sketch of the property listed above. Issue #1: Now, what are you people thinking to allow parking on a hill on a narrow road with them backing out into the main road. This is a major safety issue. I see it all the time with the cars parked along side there now. Trucks and garbage haulers can barely get by now and wait till Spring comes with people hauling boats on the roadway. This really needs to be reconsidered. Issue #2: What are they using for hard cover? We already have a drainage issues with the water, mud and pollutants washing down the street into the drain and my yard, which washes into the lake. Has anybody been here to see what this looks like in real life? I am vehemently opposed to such a proposal on the parking spaces. As far as the rest it's far enough off the road to not cause any problems. Why don’t they have the parking spaces on the upper part of their properties where there would not be a safety or hard cover problem. I look forward to hearing a response to my concerns. Thank you Bonnie Bonnie Martinson bonniemartinson17@gmail.com Date Application Received: 01/04/2022 Date Application Considered as Complete: 01/21/2022 60-Day Review Period Expires: 03/22/2022 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 22 February 2022 Subject: #LA22-00001 (Also related #LA21-000078) Tim & Leslie Oare and co-applicants John & Michele Abbott 2967 Casco Point Road (Oare) + 2641 Casco Point Road (Abbott) • Hardcover Variances (both lots) • Lot Area Variance for Guest House Qualification (2967 CPR) • Guest House Conditional Use Permit (2967 CPR) Public Hearing Background John and Michele Abbott have lived at 2941 Casco Point Road for a number of years; Tim and Leslie Oare recently built a new home at 2967 Casco Point Road. 2965 Casco Point Road (formerly the Swenson property) was offered for sale in 2021 and was purchased by the Abbotts and Oares jointly. They hope to split the property and combine each portion with their lots. They also plan to keep the existing home and detached garage on their respective portions of the property. An administrative boundary line adjustment (officially called a Subdivision Exception) can be completed by staff and recorded by the owner to combine and move the lot lines if no new non-conformities are created or an existing non-conformity is not increased The applicants propose a net decrease in hardcover of 22 square feet. However, the hardcover for the parcel to be owned by the Abbotts will increase from 22.96 to 27.5%, and the Oare property hardcover square footage increases and will exceed 25%. The present situation was not contemplated by the ordinance, where a third lot is absorbed into two existing lots. The Abbotts will acquire the “Swenson” detached garage with their portion of the lot split; the Oares will acquire the “Swenson” home. The Oares wish to maintain the full functionality of the existing “Swenson” home to serve as a Guest House. A guest house use in the LR-1C district requires two times the district minimum acreage. In this case, a minimum lot area of 1.0 acre is required for a guest house use in addition to a Conditional Use Permit (CUP). The resulting lot area for the Oare property is proposed to be 0.73 acre. They are also requesting a lot area variance from the guest house acreage requirement as part of this application. They have applied for the Subdivision Exception application (#LA21-000078) with the hope that the requested variances will be granted and the lot can be split between the two parties. Practical Difficulties Analysis Applicant Submittal Information: The applicant has primarily identified the existing conditions and the Application Summary: With the goal of a lot combination and boundary line adjustment (LA21- 000078), the applicants are requesting hardcover variances for both lots, and a lot area variance and CUP for a guest house for the Oare property. Staff Recommendation: Please see the Staff recommendation on Page 7. FILE # LA22-000001 22 Feb 2022 Page 2 of 7 elimination of a separate nonconforming property as practical difficulties supporting the requested variance(s). Additionally, they have provided their 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 elimination of a nonconforming lot is a positive improvement from an average lakeshore setback perspective, as well as the overall reduction of hardcover between the 3 properties. The hardcover variance requested may be supported by practical difficulty as an improvement from the existing condition, however the new driveway hardcover proposed (on the Oare lot) is not supported, nor is it permitted by code. Staff does not find practical difficulties exist which support the requested lot area variance to permit a guest house use. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: The proposed diving lot line will not result in any of the existing buildings becoming nonconforming; a minimum of 10-foot setback from the new lot line is proposed for the existing home and the detached garage. The elimination of the separate “Swenson” lot results in the average lakeshore setback as applied to the Abbott and Oare properties becomes more conforming and more consistent with the other properties along the lake on this side of Casco Point Road (see Exhibit I). Section 78-350 – Lot Area/Width: Based on the proposed distribution of the “Swenson” property, the currently nonconforming-sized Oare property will become conforming within the LR-1C district with respect to minimum lot area and lot width. The Abbott property will conform to lot area. The lot width will remain the same. Property Required Existing Proposed Abbott 2941 CPR 21,780 s.f. (0.5 acres) 100’ 27,584 s.f. (0.63 acre) 90 feet 37,600 s.f. (0.86 acre) 90 feet (no width change) “Swenson” 2965 CPR 21,780 s.f. (0.5 acres) 100’ 21,240 s.f. (0.48 acre) ±20 feet Eliminated Oare 2967 CPR 21,780 s.f. (0.5 acres) 100’ 20,851 s.f. (0.47 acre) ±80 feet 32,075 s.f. (0.73 acre) ±100 feet Section 78-1403 – Structural Building Coverage: Following the property line changes each property will conform to the structural coverage limitation. Abbott Total Lot Area Total Structural Coverage 2941 CPR Existing: 27,584 s.f. (0.6 acre) Proposed: 37,600 s.f. (0.86 acre) Allowed: 20% Existing: 3,163 s.f. (11.4%) Proposed: 3,905 s.f. (10.3%) Oare Total Lot Area Total Structural Coverage 2967 CPR Existing: 20,851 s.f. (0.47 acre) Proposed: 32,075 s.f. (0.73 acre) Allowed: 20% Existing: 3,453 s.f. (16.5%) Proposed: 4,697 s.f. (14.6%) FILE # LA22-000001 22 Feb 2022 Page 3 of 7 Section 78-1680 and 78-1700 – Hardcover Calculations: Hardcover Existing Hardcover Proposed Abbott 6,333 s.f. 23% “Swenson” 6,763 s.f. 31% Oare + 6,059 s.f. 29% Total 19,155 s.f. 27.4% Abbott 10,340 s.f. 27.5% Oare + 8,793 s.f. 27.4% Total 19,133 s.f. 27.4% Abbott: 25% of proposed lot area = 9,400 s.f. / Proposal exceeds 25% by 940 s.f. Oare: 25% of proposed lot area = 8,018 s.f. / Proposal exceeds 25% by 775 s.f. Proposed Hardcover Changes Removals: 71 s.f. stepping stones (both) 114 s.f. lake stair removal (Oare) 143 s.f. driveway removal (Abbott) Total removals 328 s.f. Additions: 306 s.f. proposed new driveway (Oare) Applicable Regulations: Hardcover Variance (Section 78-1700) While hardcover is proposed be reduced by 22 square feet, hardcover variances are required for both lots as the totals are proposed to exceed 25%. The Abbott property is proposed to have 27.5% hardcover; the Oare property is proposed to have 27.4%. There are 328 square feet of removals proposed; a new 306 square foot driveway access with 2 parking spaces is proposed to be added to the Oare property to serve the guest house. Guest House Lot Area Variance (Section 78-348(2)) The Oares will be combining the portion of the “Swenson” property with their home site. They wish to keep the existing “Swenson” home and use it as a guest home. The Code permits guest houses on properties which exceed the minimum district lot area by twice the minimum lot area. The Oares will increase their lot area from 0.47 acre to 0.73 acre, however within the LR-1C district ½ acre is the minimum lot size. In order to qualify for a guest house in the LR-1C district, 1.0 acre of land is required. The Oares request approval of a lot area variance to qualify for a guest house. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth- sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. FILE # LA22-000001 22 Feb 2022 Page 4 of 7 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. a. The lots are challenged by the location and orientation of existing improvements so some level of hardcover variance approval may be appropriate. b. The lot area variance for guest house use would serve to increase the dwelling unit density beyond the permitted level which is not in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. A. The applicants’ proposal would serve to eliminate some existing nonconformities in the substandard lot sizes, and average lakeshore setback orientation. B. However the lot area variance to support the guest house use and requested hardcover levels are inconsistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; i. The request to combine the portions of 2965 Casco Point Road with the two adjacent properties eliminates two nonconforming lots and improves the average lakeshore setback as applied to for the adjacent properties. ii. However the requested lot area variance to support the guest house use and requested hardcover levels for each lot are inconsistent with the comprehensive plan. b. There are circumstances unique to the property not created by the landowner; The unique shape, size, and orientation of the subject properties present challenges. i. The suggested division and reallocation of the 2965 Casco Point Road property would result in 2 lots more consistent with the neighborhood. There should be consideration for variance approvals from the hardcover limitation as the applicants are proposing a reduction. ii. The variance to permit a guest house on a property less than twice the minimum district standard is inconsistent with the neighborhood and not supported by practical difficulties; and c. The variance will not alter the essential character of the locality. The hardcover variances do not represent an increase of hardcover over existing conditions, so there is little impact to the character of the area. The variance to permit a guest house on a property less than twice the minimum district standard is inconsistent with the neighborhood and not supported by practical difficulties. The characterization of a guest house on the small lot does establish precedent with will impact character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. Relating to the guest house, this condition is not applicable, as a guest house use is allowed in the LR-1C District for properties which meet the minimum requirements. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The applicants propose changes to the lot configuration to remove a nonconforming lot and to solve an average lakeshore setback issue that is unique to the subject FILE # LA22-000001 22 Feb 2022 Page 5 of 7 properties. The hardcover limitation is not unique to the applicants’ properties. Relative to the request for a guest house, there are no special conditions that would support a guest house on the Property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The substandard lot size is not unique to the immediate neighborhood however in the past, the “Swenson” lot was separated from the original property at 2967 Casco Point Road and the separation resulted in a unique and awkward lot configuration and the extreme average lakeshore setback. The applicants wish to resolve the lot configuration. Responding the guest house issue, many of the lots in the immediate area are smaller than the 1.0 acres necessary to support a guest house. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting some level of hardcover variance in this unique situation is not entirely contrary to the intent of the zoning chapter. However the proposed level of hardcover, including the addition of new hardcover is not supported by practical difficulty and is contrary to the intent of the zoning chapter. The variance to the required minimum lot area for a guest house use is at odds with Orono’s density standards and is not necessary for the applicants’ enjoyment of property rights. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The granting of a variance to the lot area standard to permit a second dwelling unit on an undersized property is in direct conflict with the intent of the comprehensive plan and zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. It is possible that hardcover variances of a more appropriate scale may be necessary, and may not merely serve as a convenience to the applicants. However, the lot area variance for the guest house use and the variances for hardcover in excess of the minimum necessary to reasonably serve the properties, as proposed appear to be strictly for the convenience of the property owner and unsupported by practical difficulties. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. 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 use of the property for residential uses is consistent with the Community Management Plan. 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 guest house is inconsistent with the lot size requirements outlined in the city code, the first of three conditions placed for Guest House uses. 3) Adequately served by police, fire, roads, and stormwater management; These services are currently provided to the building. 4) Provided with an adequate water supply and sewage disposal system; These services are currently provided to the building. 5) Not expected to generate excessive demand for public services at public cost; It is not expected to increase demand for these services. FILE # LA22-000001 22 Feb 2022 Page 6 of 7 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; No change is proposed. The guest house use will likely have a more limited occupation than a principal home on a property. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The home proposed to be a guest house exists today. The existing condition is consistent with the existing character. 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; No change is proposed. The current “Swenson” house is proposed to be maintained as a guest house. 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; Considering the prescribed density of the district, it is possible that the use of a guest house on a nonconforming-sized property could impact property values in the area. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The existing home is screened from Casco Point Road and the lake (due to the setback). The most affected neighbor would be the Abbotts who have supported the Oares’ request for a guest house use. No additional screening would be required. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The listed impacts are not expected to be generated by the proposed use of the structure for a guest house. 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; The guest house is to be used only for the occupants of the principal dwelling or their non-paying guests, there should be no increase of traffic. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; Not applicable, the structure is existing. 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; There are no proposed changes to exterior lighting; and 15) Not detrimental to the public health, public safety, or general welfare. There are no expected impacts to these concerns. A CUP may be granted subject to such conditions as the Council may prescribe. 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. Engineer Comments. Regarding the proposed new driveway on the Oare property to serve the guest house, City Code permits one curb cut per property. If the Oares wish to add the guest house curb cut they should request the Council authorize them a second curb cut. Public Comments The applicants have provided comments from their neighbors which are attached as Exhibit G. No additional comments from the public have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owners proposes to use the properties 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? FILE # LA22-000001 22 Feb 2022 Page 7 of 7 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 lot area variance for a guest house use and denial of the conditional use permit for the guest house use. Staff found no practical difficulty to support approval of a 2nd dwelling unit on the Oare property. The minimum acreage requirement cannot be met therefore the property does not qualify for a guest house use. The Oares are permitted to maintain plumbing facilities in the existing house with a restrictive covenant addressing the use as an accessory building with full plumbing facilities. As the building is currently a fully appointed home, Staff recommends the Commission discuss whether or not modifications to the existing home are appropriate under this scenario. Suggestions include removal of partition wall(s) which define bedrooms, modifications to the kitchen and/or existing bathroom facilities to reduce the functionality. Casco Point Road is quite narrow in this location and visibility is limited. Staff recommends denial of any request to create a second curb cut on the Oare property. Regarding the requested hardcover variances, staff recommends denial of the hardcover variances for the Oare property. The Oares should consider making the following changes: 1. Elimination of the proposed driveway/parking area on the Oare property; 2. Removal of the existing lakeside “Swenson” deck on the Oare property; and 3. Removal of at least 340 square feet of existing patio hardcover on the lakeside of the “Swenson” house. Planning Staff recommends approval of some level of hardcover variance for the Abbott property however encourages removal of any hardcover that exceeds the minimum necessary to serve the property, as proposed. Suggested removals include the 400 square foot concrete patio labeled as “G” and additional driveway adjacent to the “concrete to be removed” portion shown near the “Swenson” garage and/or other existing hardcover. Proposed hardcover additions and removals are detailed on the annotated survey attached as Exhibit D. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Survey Annotated by Staff Exhibit E. Existing and Proposed Hardcover Calculations Exhibit F. Lot Area & Hardcover Summary Exhibit G. Public Comment Exhibit H. Aerial Photo/ ALS Exhibit Exhibit I. Property Owners List Exhibit J. Plat Map