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HomeMy WebLinkAbout03-14-2022 Council PacketAgenda Council Meeting Monday, March 14, 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 February 28, 2022 2. Council Work Session Minutes of February 28, 2022 3.Claims/Bills 4. Amend 2022 Fee Schedule Reference Park Dedication – Ordinance 270, Third Series 5. Approval of Resolution Reestablishing Precincts and Polling Places – Resolution No. 7253 6. Approval of Resolution Designating Polling Locations for 2022 Elections – Resolution No. 7254 7. Approval of Hennepin County 2022 Special Event Permit for Long Lake Rowing Crew 8.LA21-000061 – Eric Vogstrom o/b/o William & Sue Dunkley & Eric Vogstrom, 2710 Pence Lane and 2709 Walters Port – Roadway Easement Amendment 9.LA22-000007 – Alma Homes LLC o/b/o Andrea & Garrett Gronberg, 65 Stubbs Bay Rd N, Variances –Resolution No. 7256 10. Appointment of Planning Commissioners, confirmation of Planning Commission Chair, Vice Chair –Resolution No. 7257 11. Approval to Hire Mechanic 12. 21-014 Sewer Rehabilitation – Final Pay Request / Project Closeout 13.Space Needs and Facility Study for Current Public Works Building 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 14. Swearing in of Junior Cadets Finance Report Community Development Report 15.LA21-000076 – Yardscapes, Inc., Lincoln Danforth, 1720 Bohns Point Road, Variances 16.LA21-000077 – PKA Architecture o/b/o Long Lake Rowing Crew – Fee Waiver Request/Reimbursement of Costs 17.LA22-000002 – Jim Hillier, 1245 Arbor Street, Subdivision – Sketch Plan. Agenda Council Meeting Monday, March 14, 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 18. Big Island Dock license request – Joe Thull City Attorney Report City Administrator/Engineer Report 19. 2022 Street Maintenance Project – Award Mayor/Council Report Adjournment Upcoming Events 2022 03-21-2022 Planning Commission Meeting, Monday, 6:00 p.m. 03-28-2022 City Council Work Session, Monday, 5:00 p.m. 03-28-2022 City Council Meeting, Monday, 6:00 p.m. 04-04-2022 Park Commission Work Session, Monday, 6:00 p.m. 04-11-2022 City Council Work Session, Monday, 5:00 p.m. 04-11-2022 City Council Meeting, Monday, 6:00 p.m. 04-18-2022 Planning Commission Meeting, Monday, 6:00 p.m. 04-25-2022 City Council Work Session, Monday, 5:00 p.m. 04-25-2022 City Council Meeting, Monday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 2 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Richard Crosby III, and Victoria Seals. Council Member Aaron Printup was absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Public Works Superintendent David Goman, Finance Director Ron Olson, and Community Development Director Jeremy Barnhart. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. SWEARING IN OF OFFICERS Mayor Walsh stated there is nothing that it is an honor than to have a room full of blue, noting the City proudly flies the blue line flag outside, as well as the red line flag, and the public works flag. They are blessed to have Chief Farniok, and the City fully supports the police department and are honored to give the Oath of Office. Mayor Walsh led Tim Wessels in the Oath of Office for Police Officers. Member Crosby led Colin Hennessy in the Oath of Office for Police Officers. Member Johnson led Trent Wiebusch in the Oath of Office for Police Officers. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF FEBRUARY 14, 2022 2. COUNCIL WORK SESSION MINUTES OF FEBRUARY 14, 2022 3. CLAIMS/BILLS 4. APPROVAL OF RENTAL LICENSE 5. AUTHORIZATION TO PROCESS WEEKLY ACCOUNTS PAYABLE – RESOLUTION NO. 7251 6. PARK COMMISSION MEETINGS CALENDAR UPDATE 7. APPOINTMENT OF PARK COMMISSIONERS – RESOLUTION NO. 7250 8. APPROVAL TO ACCEPT DONATION 9. APPOINTMENT OF SEASONAL EMPLOYEES 10. 22-019: BACK UP GENERATORS FOR LIFT STATION #19 (LOMA LINDA AVE) 11. 2022 SANITARY SEWER INSPECTION 12. PUBLIC WORKS FACILITY MNDOT CONVEYANCE MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 2 13. BUILDING OFFICIAL APPOINTMENT – VACATION CLARIFICATION 14. AUTHORIZATION TO ACCEPT JAY DEMBOUSKI RESIGNATION – RESOLUTION NO. 7252 Crosby moved, Johnson seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS There were no public comments. FINANCE DIRECTOR REPORT Finance Director Olson had nothing to report. COMMUNITY DEVELOPMENT REPORT Community Development Director Barnhart had nothing to report. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT City Administrator/Engineer Edwards had nothing to report. MAYOR/COUNCIL REPORT Crosby stated they not only support their police officers in Orono but they love them and know what the officers put on the line every day. Mayor Walsh seconded Crosby’s statement and also congratulated many of the Orono sports teams on their performance over the past few weeks. ADJOURNMENT Crosby moved, Seals seconded, to adjourn the meeting at 6:18 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, February 28, 2022 Council Chambers 5:00 p.m. Page 1 of 1 PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Victoria Seals, and Matt Johnson. Staff members present were City Administrator/Engineer Adam Edwards, Parks and Golf Course Superintendent Josh Lemons, and City Clerk Anna Carlson. 1. Park Commission Interview The City Council Members interviewed candidate Alisa Benson for the Park Commission. 2. Precinct Redistricting Update City Clerk Anna Carlson provided an update to the City Council regarding redistricting for the City’s voting locations. She mentioned the City of Orono has four precincts within its jurisdiction. Carlson also noted that after review of the changes in boundaries and with election administration input, staff is recommending modifying the number of precincts and precinct boundaries in Orono. A resolution with those changes will be brought to the next City Council meeting for approval. 3. Big Island Dock Update Community Development Director Jeremy Barnhart gave an update regarding the Big Island dock application status. He plans to notify and invite public comment regarding adding docks in Big Island. He also noted that a 20 foot dock may be approved. City Council Member Matt Johnson noted that it may be a good idea to get the four extra feet of dock, since it can extend on to land. Barnhart also mentioned that he has been tracking the Affordable Housing Bill and will be providing more updates as they come in. He is planning on receiving an initial update on the 14th. Council Member Victoria Seals noted that she would like something discussed at a regular meeting just to let citizens know what it going on for it. Adjourned: 5:58 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount UNITED STATES POSTAL SERVI 03/01/2022 118190 03012022 651-49910-322 02/22 UTILITY BILLS Storm Water 317.47 UNITED STATES POSTAL SERVI 03/01/2022 118190 03012022 601-49400-322 02/22 UTILITY BILLS Water 317.47 UNITED STATES POSTAL SERVI 03/01/2022 118190 03012022 602-49450-322 02/22 UTILITY BILLS Sewer 317.47 Total 118190:952.41 A LA CARTE CREATIVE GROUP 03/14/2022 118191 44544 101-42110-352 PD BUSINESS CARDS Police Department 225 00 Total 118191:225 00 ADVANCED IMAGING SOLUTIO 03/14/2022 118192 466153103 710-49970-413 PW COPIER LEASE 02/20/22-03/20/22 126.76 Total 118192:126.76 AMAZON CAPITAL SERVICE 03/14/2022 118193 14JV-VHCN- 701-49800-221 UNIT #481LIGHTS AND WIRE 230 06 AMAZON CAPITAL SERVICE 03/14/2022 118193 14JV-VHCN- 701-49800-222 UNIT #110 RAM MOUNT PHONE HOLDER 26.99 AMAZON CAPITAL SERVICE 03/14/2022 118193 14JV-VHCN- 101-43000-404 MOP BUCKET AND MOP Public Works Department 59.99 Total 118193:317 04 Aspen Mills 03/14/2022 118194 289787 101-42110-226 VEST CARRIER AND MOLLE - WHITE Police Department 330 00 Total 118194:330 00 BARRETT, NANCY 03/14/2022 118195 2022.03 BAR 999-10015 UB REFUND - 3350 FOX ST 1.95 Total 118195:1.95 BIFFS INC 03/14/2022 118196 W849554 101-45200-415 BIFF RENTAL Parks 115.00 BIFFS INC 03/14/2022 118196 W852578 101-45200-415 BIFF RENTAL Parks 115.00 Total 118196:230 00 BOLTON & MENK INC.03/14/2022 118197 0284838 440-48975-304 21-039 PW FACILITY DESIGN 7,244.50 BOLTON & MENK INC.03/14/2022 118197 0285340 101-43170-303 BIG ISLAND DOCK PERMIT SURVEY Engineering 640 00 BOLTON & MENK INC.03/14/2022 118197 0285342 435-48974-304 2021 STREETS IMPROVEMENTS 21-001 579 00 BOLTON & MENK INC.03/14/2022 118197 0285343 601-16500 22-023 WATERMAIN REPLACEMENT (CSAH 19)547 00 BOLTON & MENK INC.03/14/2022 118197 0285344 101-43280-304 LA21--000022 LONG BRIDGE Special Services 912 00 BOLTON & MENK INC.03/14/2022 118197 0285345 101-43280-304 LA22-000006 TANAGER CREEK Special Services 152 00 BOLTON & MENK INC.03/14/2022 118197 0285346 602-49450-305 GIS MAINTENANCE SEWER Sewer 675 00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.03/14/2022 118197 0285346 601-49400-305 GIS MAINTENANCE WATER Water 1,185.00 BOLTON & MENK INC.03/14/2022 118197 0285346 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 1,830.00 BOLTON & MENK INC.03/14/2022 118197 0285346 101-43170-305 GIS MAINTENANCE GENERAL Engineering 390 00 BOLTON & MENK INC.03/14/2022 118197 0285347 101-43050-319 GIS FOR SPRING PARK Public Works - Spring Park 120 00 BOLTON & MENK INC.03/14/2022 118197 0285350 651-49910-304 22-029 SWPPP UPDATE Storm Water 1,613.00 BOLTON & MENK INC.03/14/2022 118197 0285351 651-16500 2022 NORTH SHORE RAVINE STABILIZATION 186 00 BOLTON & MENK INC.03/14/2022 118197 0285352 602-16500 22-014 SANITARY SEWER REHABILITATION (CIP 3,876.00 BOLTON & MENK INC.03/14/2022 118197 0285353 435-48975-304 22-001 2022 STREETS PROJECT 5,173.00 BOLTON & MENK INC.03/14/2022 118197 0285354 602-16500 22-021 FORCEMAIN REPLACEMENT (TONKAWA)175 00 BOLTON & MENK INC.03/14/2022 118197 0285356 101-45200-304 BIG ISLAND ARCHEOLOGY EXPENSE Parks 302 50 BOLTON & MENK INC.03/14/2022 118197 0285357 101-43170-303 21-040 NAVARRE PARKING LOT Engineering 558 00 BOLTON & MENK INC.03/14/2022 118197 0285358 602-16500 21-039 PW FACILITY UTILITIY CONSTRUCTION 714 00 BOLTON & MENK INC.03/14/2022 118197 0285359 101-43280-304 VERIZON ANTENNA REVIEW Special Services 1,440.00 BOLTON & MENK INC.03/14/2022 118197 0285360 601-16500 WALTERS POINT MAIN REPLACEMENT 21-022 1,066.00 Total 118197:29,378.00 BOYER TRUCKS INC 03/14/2022 118198 003P15975 701-49800-222 UNIT #426 TAIL LIGHTS 801 27 Total 118198:801 27 BRANDON MAURER 03/14/2022 118199 2022.02 602-49450-437 MILAGE TO SEWER SCHOOL Sewer 90.72 Total 118199:90.72 CAMPBELL KNUTSON 03/14/2022 118200 2717-0000G 101-41600-307 GENERAL MATTERS 2/22 Law/Legal Services 1,655.70 CAMPBELL KNUTSON 03/14/2022 118200 2717-0004G 101-42110-307 POLICE MATTERS 2/22 Police Department 34.00 CAMPBELL KNUTSON 03/14/2022 118200 2717-0201G 101-41600-307 MISC RECORDINGS 2/2022 Law/Legal Services 321 36 CAMPBELL KNUTSON 03/14/2022 118200 2717-0740G 101-41600-307 LITIGATION - MERA CLAIM Law/Legal Services 2,982.80 CAMPBELL KNUTSON 03/14/2022 118200 2717-0758G 101-43280-307 LA21-000061 PENCE LANE Special Services 479 00 CAMPBELL KNUTSON 03/14/2022 118200 2717-0763G 101-43280-307 LA21-000058 GENNESARET PLAT Special Services 173 50 CAMPBELL KNUTSON 03/14/2022 118200 2717-0772G 101-43280-307 LA22-000003 LONG BRIDGE 1485 6TH AVE Special Services 412 50 CAMPBELL KNUTSON 03/14/2022 118200 2717-0773G 101-43280-307 LA21-000071 3600 IVY PLACE Special Services 82.50 CAMPBELL KNUTSON 03/14/2022 118200 2717-0774G 101-43280-307 RAS22-000004 (3195 WATERTOWN RD)Special Services 130 50 CAMPBELL KNUTSON 03/14/2022 118200 2717-0801G 101-41600-307 COUNCIL MEETINGS 2/22 Law/Legal Services 425 00 CAMPBELL KNUTSON 03/14/2022 118200 2717-0802G 101-42400-307 B&Z ASSISTANCE 2/22 Building & Zoning 459 00 Total 118200:7,155.86 CAMPBELL, COURTNEY 03/14/2022 118201 2022.03 101-32240 OVER PYMT DOG PARK PASS 5.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount Total 118201:5.00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 710-49970-311 RO- LOGMEIN - YRLY SUBSCRIPTION 2,387.07 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-43000-240 BW - NORTHERN TOOLS - TOOLS FOR SHOP Public Works Department 32.99 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-43000-433 BW - AMAZON PRIME MEMBERSHIP Public Works Department 179 00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-43000-240 BW- FLEETPRIDE - TOOLS FOR SHOP Public Works Department 39.69 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-43000-489 BW - AMAZON Public Works Department 15.91 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-43000-240 BW- ACME TOOLS - TOOLS FOR SHOP Public Works Department 249 00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-43000-240 BW- ACME TOOLS - TOOLS Public Works Department 594.60 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 701-49800-222 BW- RADCO - PARTS #409 142 93 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-43000-489 BW - AMAZON - CREDIT Public Works Department 15.91- CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-43000-240 BW- ACME TOOLS - CREDIT Public Works Department 594.60- CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 701-49800-222 BW- ACME TOOLS - CREDIT 1,021.49- CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42110-489 CHIEF/CF- SHUTTERFLY- PLAQUES Police Department 11.93 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42110-439 CHIEF/CF- WUOLLET BAKERY- NEW HIRE Police Department 93.00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42110-439 CHIEF/CF- HAZELWOOD- MTG Police Department 42.99 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42110-433 CHIEF/CF- INSTANT CARD.NET Police Department 100 00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42110-439 CHIEF/CF- BIRCHS- ROTERY MTG Police Department 25.24 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42110-437 CHIEF/CF- LMC WRKSP Police Department 20.00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42400-437 JB - SENSIBLE LAND USE TRAINING Building & Zoning 23.00- CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42400-437 JB - SENSIBLE LAND USE TRAINING Building & Zoning 35.00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42400-437 JB- APA CONFERENCE Building & Zoning 350 00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42110-322 DK - UPS - SHIPPING LAPTOP Police Department 58.95 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-45200-221 DK - AMAZON- PARKS OTTER BOX CASE Parks 69.57 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-41110-439 AC - PANERA - WK SESSION FD Mayor & Council 140.70 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-41110-439 AC- HYVEE - WORK SESSION FD Mayor & Council 9.28 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-41110-439 AC- HYVEE - WK SESSION COOKIES Mayor & Council 4.99 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-41110-439 AC - SMASHBURGER - WK SESSION FD Mayor & Council 103 85 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-41500-433 RO- MNGFOA - YRLY MEMBERSHIP Finance Department 70.00 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-42110-201 CHIEF/CF- JP COOKE Police Department 73.60 CARDMEMBER SERVICE 03/14/2022 118202 01/21/22-02/ 101-39610 CLEAR CC TO MATCH STMT 921.49- Total 118202:2,273.80 CENTERPOINT ENERGY MAIN 03/14/2022 118203 01/22/2022-0 601-49400-381 GAS SERVICE 01/21/22-02/18/22 Water 1,379.53 CENTERPOINT ENERGY MAIN 03/14/2022 118203 01/22/2022-0 602-49450-381 GAS SERVICE 01/21/22-02/18/22 Sewer 1,275.22 CENTERPOINT ENERGY MAIN 03/14/2022 118203 01/22/2022-0 101-41900-381 GAS SERVICE 01/21/22-02/18/22 Central Services 2,741.66 CENTERPOINT ENERGY MAIN 03/14/2022 118203 01/22/2022-0 101-42110-381 GAS SERVICE 01/21/22-02/18/22 Police Department 868.15 CENTERPOINT ENERGY MAIN 03/14/2022 118203 01/22/2022-0 101-45210-381 GAS SERVICE 01/21/22-02/18/22 Golf Course 434 30 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount CENTERPOINT ENERGY MAIN 03/14/2022 118203 2022 FEB 29 602-49450-381 GAS SERVICE 2922 CASCO POINT RD 01/20/22-0 Sewer 18.07 CENTERPOINT ENERGY MAIN 03/14/2022 118203 2022.02 130 602-49450-381 GAS SERVICES 1302 SHORELINE POINT RD 01/ Sewer 18.07 Total 118203:6,735.00 Century Link 03/14/2022 118204 2022.02 GC 101-45210-321 GC PHONE/INTERNET 02/19/22-03/18/22 Golf Course 229 04 Total 118204:229 04 CHUNKS LAKESHORE AUTO 03/14/2022 118205 0018020 101-42110-402 #266 SERVICE Police Department 48.35 CHUNKS LAKESHORE AUTO 03/14/2022 118205 0018145 101-42110-402 #268 SERVICE - OIL CHANGE Police Department 44.62 CHUNKS LAKESHORE AUTO 03/14/2022 118205 0018158 101-42110-402 265 SERVICE Police Department 82.82 Total 118205:175.79 CITY OF ORONO PETTY CASH 03/14/2022 118206 2022.03 101-43290-510 LAND PURCHASE Special Projects-Contingencies 4,250.00 Total 118206:4,250.00 City of Orono Utilities 03/14/2022 118207 2022.02 CH 101-41900-382 FEB 2022 UB CH & PD Central Services 82.22 City of Orono Utilities 03/14/2022 118207 2022.02 CH 101-42110-382 FEB 2022 UB CH & PD Police Department 82.22 City of Orono Utilities 03/14/2022 118207 2022.02 PO 101-41900-382 FEB 2022 UB - PO Central Services 84.72 City of Orono Utilities 03/14/2022 118207 2022.02 PW 101-41900-382 FEB 2022 UB- PW Central Services 174.40 City of Orono Utilities 03/14/2022 118207 2022.02 WP 601-49400-382 FEB 2022 UB - WTP Water 145.70 Total 118207:569 26 CITY OF WAYZATA 03/14/2022 118208 FEB 2022 W 601-49400-387 FEB 2022 WATER Water 2,630.30 CITY OF WAYZATA 03/14/2022 118208 FEB 2022 W 602-49450-387 FEB 2022 SEWER Sewer 5,506.20 Total 118208:8,136.50 City of Wayzata\DMV 03/14/2022 118209 2022.03 101-42110-441 PD LIC RENEWAL 261, 256, 257, 843 Police Department 57.00 Total 118209:57.00 DANIELS, JILL 03/14/2022 118210 2022.03 DAN 999-10015 UB REFUND - 2145 SHEVLIN DR 145 96 Total 118210:145 96 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount DELTA DENTAL 03/14/2022 118211 RIS0004003 101-15998 DENTAL MARCH 2022 134.64 DELTA DENTAL 03/14/2022 118211 RIS0004003 101-21709 DENTAL FEB 2022 3,295.34 Total 118211:3,429.98 DESIGNPD LLC DBA AGENCY36 03/14/2022 118212 INV-3400 101-42110-437 AGENCY 360 _FTO PROGRAM Police Department 1,197.00 Total 118212:1,197.00 ECM PUBLISHERS INC 03/14/2022 118213 879176 101-42400-340 ORD 269 Building & Zoning 35.76 ECM PUBLISHERS INC 03/14/2022 118213 880351 235-45690-352 TIF DISCLOSURE 62.58 ECM PUBLISHERS INC 03/14/2022 118213 880352 101-42400-340 FEBRUARY PH Building & Zoning 44.70 Total 118213:143 04 ESTATE OF CAROL LAQUEY 03/14/2022 118214 2022.02 LAQ 999-10015 UB REFUND - 2080 NORTHSHORE DR 222 25 Total 118214:222 25 FASTENAL 03/14/2022 118215 MNPLY1341 101-43000-221 DRUM DOLLY FOR SHOP Public Works Department 1,122.99 Total 118215:1,122.99 FERGUSON WATERWORKS #25 03/14/2022 118216 0487857 601-49400-227 METERS/SUPPLIES Water 5,245.55 FERGUSON WATERWORKS #25 03/14/2022 118216 0489455 601-49400-227 METERS/SUPPLIES Water 4,135.14 Total 118216:9,380.69 GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-530720 701-49800-221 AUTO MAINTENANCE 17.89 GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-530958 701-49800-222 REPAIRS #431 FRONT BRAKES 373 04 GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-531038 701-49800-222 REPAIRS #431 FRONT BRAKES 113.36- GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-531041 701-49800-222 REPAIRS #431 FRONT BRAKES 175.40 GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-531084 701-49800-222 REPAIRS #431 FRONT BRAKES 177 03 GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-531203 701-49800-222 REPAIRS #431 FRONT BRAKES 28.47 GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-531263 701-49800-222 UNIT #408 - PRESSURE GAUGE SWITCH 68.07 GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-531308 701-49800-222 OIL CHANGE #425 19.48 GENUINE PARTS COMPANY/NA 03/14/2022 118217 3270-531510 701-49800-222 UNIT #428 - WIPER BLADES 8.83 Total 118217:754 85 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 03/14/2022 118218 9858/1 101-43000-224 HARDWARE SUPPIES FOR BUILDING REPAIRS Public Works Department 26.57 GOPHER ACE 03/14/2022 118218 9877/1 101-45200-223 CHAINSAW PPE Parks 172 57 GOPHER ACE 03/14/2022 118218 9878/1 101-45200-223 MAINTENANCE SUPPLIES Parks 4.59- GOPHER ACE 03/14/2022 118218 9947/1 101-43000-224 HARDWARE FOR SHOP Public Works Department 65.98 Total 118218:260 53 GOPHER STATE ONE CALL 03/14/2022 118219 2020652 601-49400-489 LOCATES Water 85.05 Total 118219:85.05 H & L MESABI 03/14/2022 118220 09846 701-49800-222 SNOW PLOW CUTTING EDGE - UNIT #428 1,338.00 Total 118220:1,338.00 HENNEPIN COUNTY INFOR TE 03/14/2022 118221 1000176702 101-42110-414 RADIO LEASE Police Department 2,472.92 HENNEPIN COUNTY INFOR TE 03/14/2022 118221 1000176725 101-42110-414 RADIO LEASES Police Department 270 05 HENNEPIN COUNTY INFOR TE 03/14/2022 118221 1000183246 101-42110-414 RADIOS Police Department 283.14 Total 118221:3,026.11 HOLIDAY COMPANIES 03/14/2022 118222 0796010322 101-42110-402 SQUAD WASHES Police Department 220 00 Total 118222:220 00 International Union Local #49 03/14/2022 118223 02242022 101-21707 LOCAL 49 DUES - 02/2022 350 00 Total 118223:350 00 JIVASOFT CORPORATION 03/14/2022 118224 3487 101-42110-416 LICENSING SOFTWARE Police Department 600 00 Total 118224:600 00 KYLE KIRSCHNER 03/14/2022 118225 2022.01 101-42110-317 XERXES FOOD Police Department 60.20 KYLE KIRSCHNER 03/14/2022 118225 2022.01 101-42110-317 ANIMAL CARE Police Department 84.06 KYLE KIRSCHNER 03/14/2022 118225 2022.01 101-42110-226 CLOTHING REIMBURSEMENT Police Department 218 35 Total 118225:362.61 LAW ENFORCEMENT LABOR S 03/14/2022 118226 02242022 101-21707 LELS DUES - LOCAL 40 02/2022 1,431.46 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount LAW ENFORCEMENT LABOR S 03/14/2022 118226 02242022 101-21707 LELS DUES - LOCAL 168 02/2022 260 00 Total 118226:1,691.46 LEOWEBPROTECT.com 03/14/2022 118227 3636 101-42110-433 MONTHLY SUBSCRIPTION Police Department 167 94 Total 118227:167 94 LOGIS 03/14/2022 118228 51773 710-49970-401 NETWORK MAINTENANCE 1,300.00 LOGIS 03/14/2022 118228 51808 101-42110-310 POLICE RECORDS 3/22 Police Department 7,807.00 LOGIS 03/14/2022 118228 51808 710-49970-329 INTERNET 3/22 572 00 LOGIS 03/14/2022 118228 51808 710-49970-311 HOSTED BACKUP 3/22 1,208.00 LOGIS 03/14/2022 118228 51808 710-49970-311 HOSTED SERVERS 3/22 1,332.00 LOGIS 03/14/2022 118228 51808 710-49970-311 HOSTED COMPLIANCE ARCHIVE 3/22 516 00 LOGIS 03/14/2022 118228 51808 710-49970-311 HOSTED WATCHGAURD 3/22 167 00 Total 118228:12,902.00 MACQUEEN EQUIPMENT 03/14/2022 118229 W09756 602-49450-403 713 PUMP REPLACEMENT Sewer 15,984.60 Total 118229:15,984.60 MANSFIELD OIL COMPANY 03/14/2022 118230 23038728 701-49800-212 DIESEL FUEL 1,102.37 MANSFIELD OIL COMPANY 03/14/2022 118230 23038886 101-42110-212 UNLEADED FUEL Police Department 854.45 Total 118230:1,956.82 MCGREGOR, KELLY 03/14/2022 118231 2022.02 101-42110-441 LICENSING Police Department 29.20 Total 118231:29.20 MINNEAPOLIS OXYGEN COMPA 03/14/2022 118232 00089217 101-42110-221 OXYGEN Police Department 85.26 MINNEAPOLIS OXYGEN COMPA 03/14/2022 118232 20224316 101-42110-221 O2 Police Department 111.86 Total 118232:197.12 MN DEPT OF HEALTH 03/14/2022 118233 2022.02 601-20802 2022-1ST QTR WATER TEST FEE 2,777.49 Total 118233:2,777.49 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount MNSPECT LLC 03/14/2022 118234 8915 101-42400-310 FEBRUARY BUILDING SERVICES Building & Zoning 2,457.50 Total 118234:2,457.50 MOUND TRUE VALUE 03/14/2022 118235 179642 101-42110-240 MISC SUPPLIES Police Department 56.17 MOUND TRUE VALUE 03/14/2022 118235 179726 101-42110-240 WTR PROOF VELCRO/WIPES/TAPE Police Department 33.05 Total 118235:89.22 MTI DISTRIBUTING INC 03/14/2022 118236 1333966-00 101-45210-221 EQUIPMENT PARTS Golf Course 189.15 MTI DISTRIBUTING INC 03/14/2022 118236 1333966-01 101-45210-212 MOTOR LUBRICANTS Golf Course 82.98 MTI DISTRIBUTING INC 03/14/2022 118236 1333966-02 101-45210-212 MOTOR LUBRICANTS Golf Course 11.06 Total 118236:283.19 MUNICIPAL CODE CORPORATI 03/14/2022 118237 00370298 101-41900-352 CITY CODE SUPPLEMENT Central Services 356 91 Total 118237:356 91 Navarre Minnoco 03/14/2022 118238 2022.03 701-49800-212 NON OXY FUEL 68.65 Total 118238:68.65 NCPERS GROUP LIFE INS. 03/14/2022 118239 6732000320 101-21710 PERA LIFE 02/2022 320 00 Total 118239:320 00 NYGARD, JAY & KENDALL 03/14/2022 118240 2022.02 101-39610 REFUND DUPLICATE PAYMENT 1,633.00 Total 118240:1,633.00 Oertel Architects, Ltd 03/14/2022 118241 21-12.7 440-48975-319 21-039 PUBLIC WORKS BUILDING 56,832.90 Total 118241:56,832.90 OFFICE DEPOT 03/14/2022 118242 2258594220 101-42110-201 NAPKINS Police Department 35.56 OFFICE DEPOT 03/14/2022 118242 2283795370 101-42110-201 OFFICE SUPPLIES Police Department 10.81 OFFICE DEPOT 03/14/2022 118242 2283805160 101-42110-201 PAPER/BINDER/PAPER TOWELS Police Department 107.66 OFFICE DEPOT 03/14/2022 118242 2298024350 101-43000-221 DESK CHAIR - PW Public Works Department 327 32 OFFICE DEPOT 03/14/2022 118242 2313104290 101-43000-221 DESK SUPPLIES - KELLIE PW Public Works Department 129 37 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount Total 118242:610.72 OPEIU - LOCAL 12 03/14/2022 118243 02242022 101-21707 UNION DUES - LOCAL 12 02/2022 636 00 Total 118243:636 00 PLEAA 03/14/2022 118244 2022 JAN - G 101-42110-433 2022 MEMBERSHIP- H. GEHLEN Police Department 35.00 PLEAA 03/14/2022 118244 2022.03 MC 101-42110-433 2022 MEMBERSHIP- K. HERZOG Police Department 35.00 PLEAA 03/14/2022 118244 2022.03 RAS 101-42110-433 2022 MEMBERSHIP-RASMUSSEN Police Department 35.00 Total 118244:105 00 QUADIENT INC 03/14/2022 118245 ppln01001 101-41900-322 POSTAGE REFILL Central Services 1,000.00 QUADIENT INC 03/14/2022 118245 ppln01001 101-41900-201 INK CARTRIDGE Central Services 129 05 Total 118245:1,129.05 SECURITY & SOUND CO 03/14/2022 118246 24890 101-41900-404 FIRE ALARM SYSTEM Central Services 1,450.00 SECURITY & SOUND CO 03/14/2022 118246 24891 101-42110-404 ANNUAL FIRE ALARM MONITORING Police Department 864 00 SECURITY & SOUND CO 03/14/2022 118246 24926 710-49970-413 CC ADJUSTMENTS 260 00 Total 118246:2,574.00 SIRCHIE FINGER PRINT LABS 03/14/2022 118247 0530570-IN 101-42110-240 PROPERTY AND EVIDENCE SUPPLIES Police Department 165.12 SIRCHIE FINGER PRINT LABS 03/14/2022 118247 0530636-in 101-42110-240 PROPERTY SUPPLIES Police Department 67.12 Total 118247:232 24 STREICHERS POLICE EQUIP 03/14/2022 118248 1553580 101-42110-226 RESERVE UNIFORMS - HUNTER Police Department 97.98 STREICHERS POLICE EQUIP 03/14/2022 118248 1553809 101-42110-226 RESERVE UNIFORMS - HUNTER Police Department 54.99 STREICHERS POLICE EQUIP 03/14/2022 118248 1553894 101-42110-226 RESERVE UNIFORM - HUNTER Police Department 11.99 STREICHERS POLICE EQUIP 03/14/2022 118248 1554029 101-42110-226 UNIFORMS - GTO PROGRAM Police Department 33.99 STREICHERS POLICE EQUIP 03/14/2022 118248 1554309 101-42110-226 UNIFORMS - SZCZEPANIK Police Department 69.99 STREICHERS POLICE EQUIP 03/14/2022 118248 1554810 101-42110-229 EXPLORER UNIFORMS Police Department 64.99 STREICHERS POLICE EQUIP 03/14/2022 118248 1554840 101-42110-226 UNIFORMS - SZCZEPANIK Police Department 6.99 STREICHERS POLICE EQUIP 03/14/2022 118248 1555365 101-42110-229 EXPLORER UNIFORMS Police Department 55.00 Total 118248:395 92 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount SUN LIFE FINANCIAL 03/14/2022 118249 02242022LIF 101-15998 LIFE INS-COBRA- MARCH/2022 37.74 SUN LIFE FINANCIAL 03/14/2022 118249 02242022LIF 101-21710 LIFE INS- MARCH/2022 1,495.67 SUN LIFE FINANCIAL 03/14/2022 118249 02242022ST 101-21714 STD- MARCH/2022 919.60 Total 118249:2,453.01 T.C WINTER SERVICES 03/14/2022 118250 1297 101-43000-224 TREAT SALT Public Works Department 926 00 Total 118250:926 00 THE HARTFORD 03/14/2022 118251 02242022 101-21713 LTD 03/2022 1,870.94 Total 118251:1,870.94 TimeSaver Off Site Secretarial Inc 03/14/2022 118252 M27136 101-42400-319 PC MINUTES Building & Zoning 227 00 TimeSaver Off Site Secretarial Inc 03/14/2022 118252 M27136 101-41300-319 CC MEETING MINUTES Administration 154 88 Total 118252:381 88 TOM MITTELSTAEDT PAINTING 03/14/2022 118253 6828 101-41900-404 PAINTING IN PWS Central Services 1,025.00 TOM MITTELSTAEDT PAINTING 03/14/2022 118253 6830 101-41900-404 2 DOORS PWS, 1 DOOR COUNCIL CHAMBERS Central Services 375 00 Total 118253:1,400.00 UNITED STATES POSTAL SERVI 03/14/2022 118254 2022.03 101-41900-322 1ST CLASS PRESORT 2022 Central Services 265 00 Total 118254:265 00 US Bank Equipment Finance 03/14/2022 118255 466240181 710-49970-413 COPIERS 596.76 Total 118255:596.76 VARNER MOBILE SERVICES LL 03/14/2022 118256 9174 701-49800-402 REPAIR 428 489 50 Total 118256:489 50 VISU SEWER CLEAN & SEAL IN 03/14/2022 118257 FINAL PYMT 602-16500 21-014 SANITARY SEWER REHABILITATION (CIP 198,200.95 Total 118257:198,200.95 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount WASTE MANAGEMENT RECYC 03/14/2022 118258 0090219-280 603-49500-316 RECYCLING 03/2022 17,212.41 Total 118258:17,212.41 WESTSIDE WHOLESALE TIRE 03/14/2022 118259 900608 701-49800-222 TIRES 110 407 20 WESTSIDE WHOLESALE TIRE 03/14/2022 118259 900656 701-49800-221 TIRE REPAIR 428 30.00 Total 118259:437 20 WILLIAMS TOWING 03/14/2022 118260 22-9711 101-42110-436 TOWING FEES INVESTIGATIVE Police Department 155 00 Total 118260:155 00 WOODHEAD, KELLY 03/14/2022 118261 2022.02 602-37690 POINT OF SALES REFUND 150 00 Total 118261:150 00 XCEL ENERGY 03/14/2022 118262 0952564321 101-45200-381 ELECTRIC 2/09/22-2/27/22 Parks 16.01 Total 118262:16.01 ALERUS RETIREMENT AND BE 03/14/2022 201302 C120951 101-41900-319 COBRA ADM FEE - 02/22 Central Services 36.00 Total 20130206:36.00 ICMA RETIREMENT TRUST 45 03/14/2022 201302 03102022 101-21705 457 - 03/10/2022 1,891.00 Total 20130207:1,891.00 INNOVO BENEFITS ADMINISTR 03/14/2022 201302 1168435 101-42110-135 HEALTH INSURANCE 03/2022 - POLICE CONT M Police Department 734 84 INNOVO BENEFITS ADMINISTR 03/14/2022 201302 1168435 101-15998 HEALTH INSURANCE 03/22 - COBRA NON EMPL 3,915.36 INNOVO BENEFITS ADMINISTR 03/14/2022 201302 1168435 101-21706 HEALTH INSURANCE 03/22 66,440.30 INNOVO BENEFITS ADMINISTR 03/14/2022 201302 1177986 101-42110-135 HEALTH INSURANCE 04/2022 - POLICE CONT M Police Department 734 84 INNOVO BENEFITS ADMINISTR 03/14/2022 201302 1177986 101-15998 HEALTH INSURANCE 04/22 - COBRA NON EMPL 3,915.36 INNOVO BENEFITS ADMINISTR 03/14/2022 201302 1177986 101-21706 HEALTH INSURANCE 03/22 65,255.76 Total 20130208:140,996.46 METROPOLITAN COUNCIL ENVI 03/14/2022 201302 0001136611 602-49450-383 WASTWATER SERVICE 4/2022 Sewer 59,036.55 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 3/1/2022 - 3/14/2022 Mar 10, 2022 03:05PM Check Check Invoice Invoice GL Account Descrip ion Department Invoice Payee Issue Date Number Number Amount Total 20130209:59,036.55 MN STATE RETIREMENT-HCSP- 03/14/2022 201302 031022 101-21718 PEHSCP - 03/10/2022 2,617.61 Total 20130210:2,617.61 NATIONWIDE RETIREMENT 03/14/2022 201302 03102022OB 101-21705 OBRA -03/10/2022 30.45 NATIONWIDE RETIREMENT 03/14/2022 201302 03102022RO 101-21705 ROTH - 03/10/2022 175 00 NATIONWIDE RETIREMENT 03/14/2022 201302 30102022US 101-21705 457- 3/10/2022 930 00 Total 20130211:1,135.45 OPTUM 03/14/2022 201302 03102022 101-21717 HSA - 03/10/2022 5,142.13 Total 20130212:5,142.13 PSN: PAYMENT SERVICE INVOI 03/14/2022 201302 254923 601-49400-312 WATER FUND PSN FEES Water 323 52 PSN: PAYMENT SERVICE INVOI 03/14/2022 201302 254923 602-49450-312 SEWER FUND PSN FEES Sewer 656 83 PSN: PAYMENT SERVICE INVOI 03/14/2022 201302 255058 101-41900-312 MISC PSN FEES Central Services 3.82 PSN: PAYMENT SERVICE INVOI 03/14/2022 201302 255213 101-41900-312 BUILDING PERMIT PSN FEES Central Services 12.10 Total 20130213:996 27 PUBLIC EMPLOYEES RETIREM 03/14/2022 201302 03102022 101-21704 PERA 02/21/22-03/06/22 41,031.71 Total 20130214:41,031.71 STATE OF MN DEFERRED COM 03/14/2022 201302 03102022 101-21705 457 - 03/10/2022 1,170.00 Total 20130215:1,170.00 Grand Totals: 666,718.23 AGENDA ITEM Prepared By: Jeremy Barnhart Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to amend the 2022 Fee Schedule to incorporate the recently approved changes to Park Dedication. 2. Background. Last month, the City Council approved changes to the park dedication regulations. This amendment to the fee schedule incorporates those changes. 3. Staff Recommendation. Staff recommends approval of the fee schedule as presented. COUNCIL ACTION REQUESTED: Motion to adopt Ordinance 270, Third Series, Amending the 2022 Fee Schedule. Exhibits A. Fee Schedule Ordinance B. Fee Schedule Exhibits Item No.: 4 Date: March 14, 2022 Item Description: Amend 2022 Fee Schedule Reference Park Dedication – Ordinance 270, Third Series Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda 1 ORDINANCE NO. 270, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE ADOPTING THE 2022 FEE SCHEDULE AND AN ORDINANCE REPEALING ORDINANCE NO. 267, THIRD SERIES THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Ordinances Repealed. Ordinance No. 270 , Third Series, entitled 2022 Fee Schedule is hereby repealed. SECTION 2. The City Council of Orono per Section 2-171 of the Municipal Code hereby ordains the fees attached as Exhibit A effective during the calendar year 2022: SECTION 3. EFFECTIVE DATE: This ordinance establishing the 2022 Fee Schedule shall be published as a Summary Ordinance and shall be effective on March 14, 2022 and publication. ADOPTED this 14th day of March, 2022 on a vote of ayes and nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2021. A. Buillding, Planning, and Zoning B. License Fees and Miscellaneous Charges C. Utility Rates and Fees D. Administrative Offenses E. Park Fees F. Police Administration G. Documents and Services Zoning Applications Commercial Marina Sanitary Sewer and Municipal Water Connection Traffic/ Vehicle Golf Course Dogs at Large Zoning Documents Zoning Permits Joint Use Dock Municipal Connection Permit Snowmobile Violations Lurton Park Animals at Large General Administrative Documents Building Code Administration Rental License Point of Sale Fees Animals Summit Beach Large Assemble Permit Building Permits Garbage Hauler Sewer Projects Public Nuisances Bederwood & Hackberry Sport Fields Fireworks Contractual Inspections Home Occupation Water Connections Open Burning Firearms Fire Temporary Trailers and Buildings Water Meter and Horn Noise Trapping Park Dedication Kennel Licenses Sewer and Water Unit Adjustment Charges Park Violations Special Events Storm Water Trunk Beer Wine and Liquor Utility Service Fees Sign Violations False Alarm Amusement Devices Municipal Water Rates Juvenile Violations Fingerprinting Public Dance Stormwater Utility Rates Seasonal Overweight Vehicles Police Special Services General Administrative Licenses/Fines Recycling Charge Parking Copy Service Miscellaneous Charges Sump Pump Surcharge Miscellaneous Photos PW supplies and service No Parking Signs Statements Fire arm storage Table of Contents 2022 Orono Fee Schedule Application 2022 Fee Escrow Notes Variance $325.00 $700.00 + Consultant fees 1st Extension $50.00 Staff approved 2nd and subsequent $50.00 City Council meeting Conditional Use Permit $325.00 $700.00 + Consultant fees CUP amendment $325.00 $700.00 1st Extension $50.00 Staff approved Interim Use Permit $325.00 $700.00 + Consultant fees Site Plan Review $325.00 $700.00 + Consultant fees Zoning Amendments including map amendments $325.00 $700.00 + Consultant fees Concept Review $325.00 Comprehensive Plan Amendment $325.00 $700.00 + Consultant fees Subdivision Subdivision: Sketch Plan $325.00 Subdivision: Class III Prel Plat $500.00 $5,000.00 + Consultant fees Subdivision: Final Plat $500.00 $2,500.00 + Consultant fees Subdivision: Preliminary plat extension $325.00 Subdivision Exception $50.00 n/a + Consultant fees if Applicable Vacations Vacations: Road $325.00 $700.00 Vacation: Easement not associated with subdivisions $325.00 $700.00 Vacation: Easements associated with a subdivision $0.00 Easement Creation $150.00 $700.00 Appeal of Administrative Decision $150.00 $700.00 Exhibit A Buillding, Planning, and Zoning All fees, unless otherwise noted, are application fees and are non-refundable after staff work has begun on the application. All after the fact applications are double fees. All applicants are responsible for actual costs incurred by the City by its' consultants in the review of the application. ZONING APPLICATIONS: PLANNING, BUILDING, ZONING Application 2022 Fee Escrow Notes Stairway to Lake $50.00 Structures not requiring a building permit $50.00 Plus Engineering Costs Encroachment Permit/ Agreement $150.00 Tree removal in shore setback $0.00 Signs (Alteration of cabinent or raceway)$50.00 Vehicle Storage $50.00 78-1577 (C) Land Alteration $50.00 $1,000.00 May also require a CUP Tent/ Canopy Permits $50.00 *City Administrator may require an erosion control escrow for projects disturbing soils or tree replacement. $1,000.00 Variable depending on project scope, but not to exceed Zoning confirmation letter $50.00 Request for zoning confirmation letter Address Change Request by Owner $50.00 ZONING PERMIT: Application 2022 Fee Escrow Notes Building Permits Based on Value Table Building permit fees (Building, Plumbing, Mechanical, unless otherwise noted) Based on 2012 Building Valuation Plan Review Fee 65% of Building Permit Fee Additional plan review required by changes, additions, or revisions to approved plans minimum one half hour charge (does not apply to commercial plumbing) $75.00 / hour Minimum Fee $26.25 Moved-In Structure (not including foundation, interior remodel, etc.)$275.00 Pre-Move Inspection $165.00 Special investigation fee (work started without obtaining a permit – applies even if no permit is pulled) 100% of Building permit fee Manufactured Home Installation $275.00 plus State Surcharge and requires a regular building permit if also doing basement, foundation, garage or entryway, fees are based on sq. ft. State Table City Administrator may require an erosion control escrow for projects disturbing soils. Not to Exceed $1,000 BUILDING CODE ADMINISTRATION: Refunds: 80% of building permit fees on projects not yet started (within 90 days of permit issuance by municipality). No refund on plan review fees, state surcharge or maintenance permits Application 2022 Fee Escrow Notes Demolition Demolition: Principal structure $100.00 $1,000.00 Demolition: Accessory structure/Septic system (Per unit fee)$50.00 $1,000.00 Retaining walls Based on Value Table $1,000.00 May require City Council approval (Variance or CUP) Plumbing 1.25% of project value, based on valuation table n/a Backflow registration $10.00 Plumbing minimum $26.25 Mechanical (All Types) 1.25% of project value, based on valuation table n/a Mechanical Minimum $26.25 Tent/ Canopy $50.00 Municipal Connection permit n/a Sewer $50.00 SAC (Sewer Availability Charge) (MCES)$2,485.00 Water $50.00 Septic Residential System Permit, Repair $100.00 Residential System Permit, New/ replace $460.00 $1,000.00 Non-Residential System Permit $260.00 Subdivision site evaluation review $60.00 Per lot Inspection surcharge for RS zones (Big Island and Deering island) $30.00 plus cost of boat rental if transportation not provided. Reinspection fee $30.00 plus $60/ hour after 1st hour Site inspection without permit $30.00 Quarterly Septic Fee 11.25 Septic Late Fee 3%/Qtr Application 2022 Fee Escrow Notes Miscellaneous Projects Retaining walls requiring building permit Based on Value Table $1,000.00 May require City Council approval (Variance or CUP) Sign structure Based on Value Table Entrance monuments Based on Value Table Fences Based on Value Table Only required for fences above 7 feet. Tent/ Canopy $50.00 Temporary Certificate of Occupancy Escrow 3% of project value, not to exceed $10,000 Contractural Inspection Service Plan Review Charge Per 2012 Building Permit Fee Based on Valuation Fire Protection inspection Actual Cost Per 2012 Building Permit Fee Based on Valuation Fire Plan review fee 65% of permit fee Burning permits No Charge Reinspection $50.00 FIRE All fire suppression and alarm permits are based on value, and include a plan review fee and are subject to the state surcharge. Application 2022 Fee Escrow Notes Res. 4738 (12 10 01) Res. 4739 (12-10-01) The City Council has established by resolution a minimum residential park fee of $3,250 per dwelling unit and a maximum of $5,550 per dwelling unit. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be that would otherwise have been conveyed or dedicated. The City shall account for such funds inequivalent to the fair market value of the equivalent undeveloped land a special fund named Park Dedication Funds. Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) Dedicated requirement of 8% of the land being platted or subdivided. Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. (2) Commercial/Industrial Zoned Land. The City Council has established by resolution a minimum commercial/industrial park fee of $8,125 per acre and a maximum of $13,875 per acre. PARK DEDICATION - Currently under review Fee DOCK LICENSE $325.00 Per Year License Application Fee $50.00 CANOE RACK RENTAL $40.00 Per Slip RENTAL LICENSE License Fee $100.00 2 year term GARBAGE HAULER LICENSE Flat Rate $75.00 Ch. 54, Article III Per Hauler $15.00 Per Truck Transfer Fee $30.00 HOME OCCUPATION LICENSE (Level 2)$100.00 Initial Review Fee Sec. 26-76 $30.00 Annual Review Fee $30.00 KENNEL LICENSES Sec. 62-161 thru 62-185 Commercial Application & Inspection Fee (Annual)$150.00 Residential Application & Inspection Fee (Annual)$50.00 Type Exhibit B Licenses and Miscellaneous Charges TEMPORARY TRAILERS & BUILDINGS License Fees for new licenses may be prorated; after 75% of the license period has elapsed, the fee is reduced by 50%. BEER, WINE & LIQUOR LICENSES Initial Investigation $500.00 Per License Ch. 34, Article II On-Sale & Off-Sale Intoxicating Liquor Licenses Ch. 34, Article II Ch. 34, Article II In state investigation Out state investigation Actual cost Off-Sale Liquor License $150.00 Sec. 34-66 On-Sale Liquor License $5,000.00 Sec. 34-66 On-Sale Wine License $2,000.00 Sec. 34-77 3.2 % Malt Liquor Off-Sale (Annual)$50.00 Sec. 34-66 3.2 % Malt Liquor On-Sale (Annual)$100.00 Sec. 34-66 Setup (Annual)$100.00 Sec. 34-126; 34-143 Club Liquor License Sec. 34-66 (weekday)$200.00 Sec. 34-66 (Sunday)$200.00 Sec. 34-66 Temporary Set-up Permit (1-4 days)$25.00 Each Sec. 34-42 Temporary On Sale 3.2% Malt Liquor (1-7 days)$25.00 Each Sec. 34-82 Temporary Off-Sale Wine License (wine auction)$25.00 Each Sec. 34-42 Temporary On-Sale Wine License (1-4 days)$25.00 Each Sec. 34-42 Temporary On-Sale Liquor License (1-4 days)$25.00 Each Sec. 34-42 1st Violation $500.00 Sec. 34-41 2nd Violation $1,000.00 & 3-day license suspension 3rd Violation $2,000.00 & 2-week license suspension 4th Violation License revocation On-Sale & Off Sale 3.2% Malt Liquor/Wine Licenses Actual cost up to $10,000 Liquor Violations (3 years immediately prior to date of most current violation) AMUSEMENT DEVICE LICENSES Sec. 38-601 thru 38-603 Per Establishment (Annual)$100.00 + Machine fee Per Machine Fee $25.00 Each PUBLIC DANCE LICENSE Annual License $100.00 Individual License $10.00 Gambling & Raffle Investigation $10.00 Ch. 38, Article II Massage Therapy License $100.00 Ch. 31, Article II Background Investigation $150.00 Annual Renewal $100.00 Solicitor/Transient Merchant/Peddler License $100.00 + Actual costs up to $1,500.00 Ch. 30 Tobacco Licenses $125.00 Ch. 50, Article II 1st Offense $150.00 2nd Offense $400.00 3rd Offense & Over $500.00 Penalty for Use of Tobacco Where Prohibited $100.00 Sec. 51-5 MISCELLANEOUS FEES Convenience Fee - Credit Card Transactions 2.75%+ $0.50 for $100.00 or less Returned Check $30.00 Licensee or Employee Violations within 24 month period GENERAL ADMINISTRATIVE LICENSES/FINES Sec. 38-501 thru 38-506 Sewer $50.00 SAC (Sewer Availability Charge) (MCES)$2,485.00 Water $50.00 Horn Quote Basis Connection inspection (Water or Sewer) $100.00 Disconnection inspection (Water or Sewer)$100.00 Residential - City Inspection $250.00 Residential - Private Inspection Review $100.00 Commercial $750.00 POINT OF SALE SEWER SERVICE INFLOW & INFILTRATION INSPECTION FEES Exhibit C Utility Rates and Fees Connection fees have been determined as a way to provide a fair and equitable recovery of the costs associated with providing water and wastewater utility services to new customers to avoid placing these costs on existing customers. The connection fee includes those portions of existing assets that will benefit new customers together with any anticipated future capital improvements constructed for the purpose of providing utility services to new customers. The connection charge applies to those properties not previously assessed for the associated utility project. MUNICIPAL CONNECTION PERMIT ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES Municipal Sewer Rate By Unit: 1st $68.99 per month 2nd $60.98 per month By flow ($68.99/month minimum):$7.66/1000 gallon plus $6.00/month/SAC unit Long Lake Service Minimum Charge (10,000 Gallons or Less Water Usage)$68.99 per month Over 10,000 Gallons Water Usage, per 1,000 Gallons additional $7.66/1000 gallon Wayzata Service Metered Service Minimum Charge (10,000 Gallons or Less Water Usage)$68.99 per month Over 10,000 Gallons Water Usage, per 1,000 Gallons additional $7.66/1000 gallon Unmetered Service Per Property $68.99 per month UTILITY SERVICE FEES Some Properties on Mytlewood and Old Long Lake Road are not connected to water. Wayzata bills Orono based on a quarterly usage of 25,000 gallons. Charge is based on the metered rates and 25,000 gallons. Residential Billing & Ready to Serve Charge $16.67/month Unconnected Property Charge $16.67/month Water Usage Rate Navarre Area (Area #1) and Hwy 12 (Area #2) Tier 1 (0-3,300 gal) $7.78/1000 gal Tier 2 (3,300 - 8,300 gal) $10.89/1000 gal Tier 3 (>8,300)$16.34/1000 gal Chevy Chase Area (Area #3) Tier 1 (0-5,000 gal) $7.78/1000 gal Tier 2 (5,000-8,300 gal) $10.89/1000 gal Tier 3 (>8,300)$16.34/1000 gal Long Lake Area (Area #4) Tier 1 (0-2,600 gal) $7.78/1000 gal Tier 2 (2,600-7,300 gal) $10.89/1000 gal Tier 3 (>7,300 gal)$16.34/1000 gal Multi-Family Billing & Ready to Serve Charge per SAC Unit $16.67/month Unconnected Property Charge $16.67/month Water Usage Rate Tier 1 (0-8,300 gal) $7.78/1000 gal Tier 2 (8,300-33,300 gal) $10.89/1000 gal Tier 3 (>33,300 gal)$16.34/1000 gal MUNICIPAL WATER RATES Commercial Billing & Ready to Serve Charge per SAC Unit $16.67/month Unconnected Property Charge $16.67/month Water Usage Rate Tier 1 (0-8,300 gal) $7.78/1000 gal Tier 2 (8,300-33,300 gal) $10.89/1000 gal Tier 3 (>33,300 gal)$16.34/1000 gal School Billing & Ready to Serve Charge per Meter $50.00/month Unconnected Property Charge $50.00/month Water Usage Rate Tier 1 (0-8,300 gal) $7.78/1000 gal Tier 2 (8,300-33,300 gal) $10.89/1000 gal Tier 3 (>33,300 gal)$16.34/1000 gal Federally Mandated Safe Drinking Water $2.43/quarter or $0.81/month Testing Program (Charged per service connection) Quarterly Service Charge for Non-Functioning or Inaccessible Water Meter $100.00 Bulk sale to Minnetonka Beach for Lafayette Ridge Area Processing Fee (Per Monthly Billing Cycle)$25.00 Plus Water Usage Rate $7.78/1000 gal Bulk sale - All Others Processing Fee (Per Monthly Billing Cycle)$25.00 Plus Water Usage Rate $7.78/1000 gal i.e. Fill swimming pool or watering sod. Assessment Charge for Unpaid Accounts Certified $25.00 County Fee for Unpaid Accounts Certified $2.50 Water Turn-On $50.00 Water Turn-off $50.00 Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost One residential unit: $15.73/month or $47.18/quarter Non-residential unit:Based on “Residential Equivalent Factor” $6.00/month or $18.00/quarter Recycling Cart from Waste Management No Charge RECYCLING CHARGE STORM WATER UTILITY RATES The basic intent of storm water regulations is to minimize the impact of development on natural drainage systems. Any Penalty for late payment of sewer/water bills - 1% monthly if not paid by due date (applied to the total unpaid balance). Interest at 8% on unpaid water/sewer bills certified. $100.00 per month Right of Way Permit $50.00/permit Right of Way Escrow (for other than Public Utility) $1,500 New Street Intersections (See zoning section - Special improvement fees) On-Call Service to Other Cities Base On-Call Fee 65.00/day Call-Out Fee Actual wage and equipment rates SUMP PUMP SURCHARGE PUBLIC WORKS SUPPLIES & SERVICES Fee Applicable Code or MN State Statute (MSS) Number Unsafe Operation 66-259 Unreasonable Acceleration $60.00 66-258 Exhibition Driving $60.00 66-7 Failure to Obey Traffic Control $60.00 169.06 MSS Expired Registration $60.00 169.79 MSS Unsafe Equipment $60.00 169.47 MSS Loud Exhaust $60.00 169.69 MSS No Driver License in Possession $60.00 171.08 MSS Failure to Change Address on DL $60.00 171.11 MSS Driving to Avoid Traffic Signal $60.00 66-5 Operation $60.00 66-159 Equipment $60.00 66-160 Hours of Operation $60.00 66-159 $60.00 Dog at Large $60.00 62-104 Animal License Required $60.00 62-131 Feces Clean Up $60.00 22-95 & 22-114 Barking Dog $60.00 62-10 $60.00 Public Nuisance/General Prohibition $60.00 70-4 Peace and Safety Violation $60.00 70-166 Discharge of Firearm $60.00 70-97 ADMINISTRATIVE OFFENSES (POLICE ADMINISTERED) PUBLIC NUISANCES Exhibit D Administrative Offenses TRAFFIC/VEHICLE OFFENSES SNOWMOBILE VIOLATIONS ANIMALS No Permit $60.00 58-186 Negligent Burning $60.00 58-193 No Open Burning $60.00 58-193 Loud Noise Prohibited $60.00 58-120 Hours of Operation $60.00 22-89 Operating a Motor Vehicle within Park $60.00 22-92 No Permit $60.00 22-102 Feces Clean Up $60.00 22-95, 22-102 & 22-114 $60.00 Violation of General Provisions $60.00 18-4 Sign Impoundment Fee $25.00 78-1473 $60.00 Curfew $60.00 70-274 Possession of Tobacco $60.00 609.685 Sub 3 MSS 1,000-9,999 lbs overweight .15 cents per lb over 169.824 Sub 1 MSS General $25.00 66-78 Seasonal 0200-0600 on $25.00 66-80 Street Prohibited Handicapped $60.00 66-85 Fire Lane $25.00 46-85 SEASONAL OVERWEIGHT VEHICLES PARKING OPEN BURNING NOISE PARK VIOLATIONS SIGNS VIOLATIONS JUVENILE Watering Restrictions $60.00 610.50 Sub 15 MSS Placing Snow on Street $25.00 18-5 SPECIAL EVENT VIOLATIONS 1st Violation $250.00 2nd Violation $500.00 3rd Violation $1,000.00 MISCELLANEOUS 2022 Fee GOLF COURSE FEES - Effective Date: 2021 Season MONDAY THRU SUNDAY RATES Individual (Regular)$20.00 Juniors (12 -18 years old)$12.00 Seniors (60 years or older)$16.00 Second Round $10.00 Children under 12 golf free with an adult SEASON PASS RATES (Unlimited Play)Base Resident Individual Season Pass $570.00 $455.00 Junior Season Pass (12 - 18 years old)$320.00 $280.00 Senior Season Pass (60 years or older)$470.00 $350.00 Family Season Pass $665.00 $550.00 (Entire Family*) GOLF CART RENTAL RATES Motorized Cart Rental/Per Round $20.00 Pull Carts/Per Round $5.00 Golf Clubs/Per Round $5.00 CONCESSION RATES As Posted Exhibit E Park Fees * Family meaning: Immediate family living in the same household. Children must be 18 years old or younger. The golf course superintendent shall have the authority to deviate from these prices for the purpose of promoting specials and for special Resident $25.00 Non-Resident $40.00 Passes will go on sale for the following year on Nov 1st. Passes to be prorated at 50% on August 1st. SUMMIT BEACH CANOE RACK RENTAL $40.00/slip BEDERWOOD & HACKBERRY SPORT FIELDS PARK FACILITY USE PERMIT Resident (Individual, business or group)$15.00 Non-Resident (Individual, business or group)$25.00 LURTON PARK PASSES The cost to cover replacement passes will be $5.00 2022 Fee Sec. 62-104 1st Offense $60.00 $60.00 2nd Offense $80.00 $80.00 3rd Offense $100.00 $100.00 After Hours, Weekend & Holiday Release Charge $75.00 $75.00 Ch. 62, Article I 1st Offense $55.00 $55.00 2nd Offense $65.00 $65.00 3rd Offense $75.00 $75.00 Trace & Catch Animal $35.00 $35.00 Per Hour Trailer Charge $55.00 $55.00 Actual Cost Actual Cost $200.00 $200.00 + $60.00 each additional day; actual costs up to $1,500 Sec. 38-801 thru 38-803 Sec. 70-99 Sale and/or Storage of Consumer Fireworks $100.00 $100.00 Ch. 70, Article III Pest Control (limited use)$25.00 $25.00 Game Animals (limited use)$25.00 $25.00 Annual (Club Only)$25.00 $25.00 $20.00 $20.00 Sec. 70-71 Exhibit F Police Administration DOGS AT LARGE - RELEASE FEE CARE OF IMPOUNDED ANIMAL LARGE ASSEMBLY LICENSE (over 300 people) FIREWORKS PERMIT ANIMALS AT LARGE (Other than dogs) - RELEASE FEE + 0.31/Mile (Total Distance) FIREARMS DISCHARGE PERMIT LIMITED TRAPPING PERMIT $100.00 $100.00 Ch. 66, Article VI Special Events involving fireworks $250.00 $250.00 Ch. 42, Article III 1st false alarm/per calendar year No Charge No Charge 2nd false alarm/per calendar year $50.00 $50.00 3rd false alarm/per calendar year $100.00 $100.00 4th false alarm/per calendar year $150.00 $150.00 5th and over false alarm/per calendar year $250.00 $250.00 Ch. 42, Article III 1st false alarm/calendar year No Charge No Charge 2nd false alarm/calendar year $75.00 $75.00 3rd false alarm/calendar year $250.00 $250.00 4th false alarm/calendar year $350.00 $350.00 5th & over false alarm/calendar year $500.00 $500.00 Each Call $25.00 $25.00 Per Application Officer 119 Rate $120.00 $125.00 Per Hour Police Reserve Officers $30.00 $30.00 Per Hour First Two Copies $0.25 $0.25 Per Page Additional Copies $0.25 $0.25 Each More than 100 pages (actual costs) SPECIAL EVENTS PERMIT POLICE SPECIAL SERVICES (3 Hours Minimum) FINGERPRINTING SERVICE FALSE FIRE ALARM USER FEES FALSE POLICE ALARM USER FEES COPY SERVICE - Police Records NON-RESIDENTS ONLY (Residents No Charge) PHOTOS $10.00 $10.00 On CD VIDEO Booking Room Video $20.00 Squad Videos $20.00 Body Worn Cameras $50.00 AUDIO BTA Audio $10.00 Paper signs (no lath included)$1.00 $1.00 STATEMENTS $10.00 $10.00 $50.00 $50.00 For CD & (transcribed copy or CD when available; subject to Data Privacy Act - will be charged an actual hourly fee) Per Gun (Police Policy 3056)FIREARM STORAGE FEES SIGNS: "NO PARKING ORDER OF POLICE" AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval for a resolution to reestablish precincts and polling place locations. 2. Background. Minnesota Statute section 204B.14, subd. 3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first. 3. Staff Recommendation. Staff recommends approval of the resolution presented. COUNCIL ACTION REQUESTED Motion to approve Resolution No. 7253 Exhibit A. Resolution Item No.: 5 Date: March 14, 2022 Item Description: Approval of Resolution Reestablishing Precincts and Polling Places Resolution No. 7253 Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7253 A RESOLUTION REESTABLISHING PRECINCTS AND POLLING PLACES WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statutes 204B.14, subd. 3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first; THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono, County of Hennepin, State of Minnesota hereby reestablishes the boundaries of the voting precincts and polling places as follows; and as shown on Exhibit A: Precinct 1 Long Lake Fire Station, 340 Willow Drive North, Orono, MN 55356 That part of the city lying south of Watertown Road; and lying east of Old Crystal Bay Road; and lying south of Wayzata Boulevard following the Long Lake, Minnesota border; and lying south of Highway 12; and including the all properties on Big Island. That part of the city lying north and east of Crystal Bay, Lake Minnetonka; lying east of the Hendrickson Bridge and North Arm Bay, Lake Minnetonka; and lying generally north of Bayside Road, following the boundaries of the Westonka School District 277. Precinct 2 Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 That part of the city lying north of Watertown Road; west of Old Crystal Bay Road; north of Wayzata Boulevard and all Orono, Minnesota properties lying north and east of the City of Long Lake, Minnesota border; and north of Highway 12. Precinct 3 Calvary Memorial Church, 2420 Dunwoody Avenue, Wayzata, MN 55391 That part of the city lying west of the Narrows Bridge; lying south and west of Crystal Bay, Lake Minnetonka; lying west of the Hendrickson Bridge and North Arm Bay, Lake Minnetonka; and lying generally south of Bayside Road. Also referred to as that part of the city that follows the boundaries of the Westonka School District 277. Adopted by the City Council of the City of Orono this 14th day of March, 2022. CITY OF ORONO: _________________________________________ Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7253 _____________________________________ Anna Carlson, City Clerk ATTEST: AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval for a resolution to designate polling place locations for the 2022 Elections. 2. Background. Polling places are required to be designated within 30 days of the reestablishment of precincts, or by March 29, 2022, whichever comes first. 3. Staff Recommendation. Staff recommends approval of the resolution presented. COUNCIL ACTION REQUESTED Motion to approve the Resolution No. 7254 Exhibit A. Resolution Item No.: 6 Date: March 14, 2022 Item Description: Approval of Resolution Designating Polling Places for 2022 – Resolution No. 7254 Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7254 A RESOLUTION DESIGNATING POLLING PLACES FOR 2022 ELECTIONS WHEREAS, Minnesota Statutes 204B.16, subd. 1 requires the City Council, by ordinance or resolution, to designate polling places for the upcoming year; and WHEREAS, changes to the polling places locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and THEREFORE, BE IT RESOLVED that the Orono City Council hereby designates the following polling places for elections conducted in the city in 2022: Precinct 1 Long Lake Fire Station 340 Willow Drive North Orono, MN 55356 Precinct 2 Orono Council Chambers 2780 Kelley Parkway Orono, MN 55356 Precinct 3 Calvary Memorial Church 2420 Dunwoody Avenue Wayzata, MN 55391 AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the requirements of the Minnesota Election Law for any polling place designated in this Resolution that becomes unavailable for use by the City; AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement polling place meeting the requirements of the Minnesota Election Law for any polling place designated in this Resolution when necessary to ensure a safe and secure location for voting; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7254 AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any subsequent polling place designations to the Hennepin County Elections Office. Adopted by the City Council of the City of Orono this 14th day of March, 2022. _________________________________________ Dennis Walsh, Mayor ATTEST: _______________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: A.Carlson Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to approve the issuance of a 2022 Hennepin County Water Patrol Special Event Permit for use of Long Lake by the Long Lake Rowing Crew. 2. Background. The Long Lake Rowing Crew (LLRC) is again requesting permission from the Water Patrol for a Sheriff’s Special Event Permit for use of Long Lake for regular rowing practice during the 2022 boating season. The Water Patrol standard procedure requires written approval by the affected local government bodies prior to issuing such permits. Hours of operation are proposed to be similar to previous years and will be posted to their website once finalized. 3. Public Comment. The City has not received any comments regarding this use. 4. Staff Recommendation. Staff recommends approval subject to the provisions stated in Orono’s previous years proposals: 1) no organized practice on Sundays, and 2) the activity shall not impede the use of the Summit Park Beach facilities and access by the public. COUNCIL ACTION REQUESTED Motion to direct staff to send a letter to the Sheriff’s Water Patrol approving issuance of the Special Event Permit for the Long Lake Rowing Crew for the 2022 season subject to the above-noted conditions. Exhibits A. Water Patrol Special Event Permit Application Item No.: 7 Date: March 14, 2022 Item Description: Approval of Hennepin County 2022 Special Event Permit – Long Lake Rowing Crew Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A. Carlson Approved By: 1. Purpose. Consider an amendment to the private road easement to allow a council approved entrance feature. 2. Background. The final plat for Pence Lane 2nd Addition was approved by the City Council in December, 2021. Included with the plat was an easement for private roadway purposes, to allow for public use of the cul de sac. The standard easement language prohibits anything constructed in the easement. The applicants desire to install an entrance feature for their development. A new easement is necessary to allow an entrance feature in the Outlot. 3. Proposal. The applicants desire to install an entrance feature for their development. A new easement is necessary to allow an entrance feature in the Outlot. The proposal amends the standard easement language to permit a Council approved entrance feature. 4. Public Comment. No comments for or against have been received. 5. Staff Recommendation. Staff recommends the approval of the amended easement. Exhibits A. Draft Easement References LA21-000061 Case File Item No.: 8 Date: March 14, 2022 Item Description: LA21-000061 – Eric Vogstrom o/b/o William & Sue Dunkley & Eric Vogstrom, 2710 Pence Lane and 2709 Walters Port – Road Easement Amendment Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda 218545v54 (reserved for recording information) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT/MAINTENANCE THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT (this “Declaration”) is made effective as of the _____ day of ____________, 2022 (the "Effective Date"), by William M. Dunkley and Susan K. Dunkley, husband and wife (“Dunkleys”) (hereinafter Dunkleys shall also be referred to as “Declarants”) and Eric Vogstrom and Elizabeth Vogstrom, husband and wife (“Vogstroms”) RECITALS: A. Dunkleys are the fee owners of the real property legally described on Exhibit A attached hereto (“Dunkleys’ Lot”). B. Vogstroms are the fee owners of real property legally described on Exhibit B attached hereto. C. The real property legally described on Exhibit A and Exhibit B shall be collectively referred to as the “Property.” D. Declarants plan to construct a private cul de sac upon Outlot A, Pence Lane 2nd Addition, Hennepin County, Minnesota [hereinafter referred to as the “Road”], for the benefit of and to service Lots 1 and 2, Block 1, Pence Lane 2nd Addition, Hennepin County, Minnesota (the “Lots”), and to further provide for the ownership, use, maintenance and restrictions relating to the Road. D.E. As a condition of the final plat approval for the plat of Pence Lane 2nd Addition (“Plat”) and as required under the Development Contract for the Plat, the City of Orono requires the Declarants to impose upon the Property, the covenants, 218545v54 conditions and restrictions for establishment of a private roadway within the Lots and the Road. NOW, THEREFORE, in consideration of the foregoing, Declarants and Vogstroms hereby declare that the Property shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, and easements hereafter set forth, which shall run with the Property and be binding on all parties, now or hereafter having any right, title, or interest in the Property and any part thereof, their heirs, successors, and assigns (each of whom are hereafter referred to individually and collectively as “Owners”), and shall inure to the benefit of the Owners. 1. Ownership of the Road. Dunkleys’ Lot shall be conveyed by Declarants together with their interest in the Road, which interest shall not thereafter be separated from or otherwise conveyed without joinder with the conveyance of Dunkleys’ Lot, except as described in the following sentence. In the event the City of Orono, Minnesota (the "City") determines it to be in the public interest to utilize the Road as a public road or street, the Owners shall, after notice in accordance with applicable provisions of City Code (as hereinafter defined) and Minnesota law, convey their undivided interests in the Road to the City for public road purposes and for no additional consideration, at which time this Declaration shall be deemed null and void and of no further use. 2. Road Easement. 2.1) Private Road. Declarants hereby declare and create a perpetual, non- exclusive easement for private road purposes over the Road for the benefit of the Lots and for use by the Owners and their invitees, including public service providers such as police, fire, bus, and ambulance services (the “Private Road”). 2.2) Public Access. Declarants hereby declare and create: (a) a perpetual, non- exclusive easement over the Private Road, for the benefit of the public, for access over and across the Private Road; and (b) a perpetual, non- exclusive easement over the Private Road for the benefit of the City, for (i) public ingress, egress, and access; (ii) road, drainage and utilities purposes and uses, including the right to construct and maintain the same, including, but not limited to, a full and free right and authority to enter upon Outlot A of the Plat to construct, install, maintain, operate and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, paved road, and any and all appurtenances, including drainage control structures, incidental and related thereto; and (iii) ingress and egress over the Private Road for inspection by the City of any portion of the Property, animal control, snow removal, maintenance, repair and replacement of the Private Road and the storm water drainage facilities on the Property, and exercise of any rights or remedies granted to the City by this Declaration. 218545v54 3. Maintenance of the Road. 3.1) The Owners shall pay an equal share (one-half share per Lot) for all costs to maintain and repair the Road. Maintenance shall include all necessary repairs, reconstruction, resurfacing, snow removal, sanding and salting, lighting, striping, and curbing (the "Maintenance") as the Owners shall by majority vote determine; provided, however, that all Maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the “City Code”). All Maintenance shall be conducted by the Owners or their contractors, at the Owners’ expense, when reasonably necessary, all as determined by majority vote of the Owners and/or as ordered by the City Council. 3.2) Each Owners' share of the costs for Maintenance shall be due and payable on the date such costs for Maintenance are due and payable to the provider(s) of the Maintenance for which payment is due. If not paid when due, each Owners' share of such costs shall bear interest at a rate of five percent (5%) per annum from such due date to the date of payment, unless such interest is waived by unanimous vote of the remaining Owners. 3.3) None of the Owners are exempt from liability for assessments by waiver of the use or enjoyment of the Road or by the abandonment of a Lot. 4. Prohibitions of Use of the Road. 4.1) None of the Owners shall obstruct or interfere with the rights and privileges of the other Owners in the use of the Road, and except for Maintenance of the Road, nothing shall be planted, altered, constructed upon or removed from the Road. Notwithstanding the foregoing, an entrance feature may be constructed in the Road, provided the City of Orono has approved the plans and specifications for the entrance feature. The entrance feature must be constructed in accordance with the City approved plans and specifications. 4.2) No vehicles shall be parked in the Road for a continuous period of time greater than twenty-four (24) hours. 4.3) No vehicle repair or maintenance may be conducted on the Road. 5. Violation, Enforcement, Rights of the City and Lien Rights. 5.1) In the event of a breach or threatened breach by any of the Owners of any of the terms, covenants, restrictions or conditions hereof, the other non- 218545v54 defaulting Owners shall be entitled to full and adequate relief by injunction and/or all other available legal and equitable remedies from the consequents of such breach, including payment of any amounts due and/or specific performance. 5.2) In addition to all other remedies available at law or in equity, upon the failure of a defaulting Owner to cure a breach of this Declaration within thirty (30) days following written notice thereof by an Owner (unless, with respect to any such breach the nature of which cannot reasonably be cured within such 30-day period, the defaulting Owner commences such cure within such 30-day period and thereafter diligently prosecutes such cure to completion), any of the Owners shall have the right to perform such obligation contained in this Declaration on behalf of such defaulting Owner and be reimbursed by such defaulting Owner upon demand for the reasonable costs thereof together with interest at a rate of five percent (5%) per annum. Any of the non-defaulting Owners may bring an action, on behalf of the non-defaulting Owners, to collect the defaulting Owner's share of such costs, and shall be entitled to recover such reasonable attorney’s fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 5.3) In the event the Owners fail to conduct Maintenance, it is agreed by all Owners that the City may undertake such Maintenance and assess each Lot an equal share of the costs for Maintenance conducted by the City. Any such Maintenance conducted by the City will not result in the Road becoming a public roadway. Each of the Owners agrees to pay to the City its equal share of the costs incurred by the City for such Maintenance within thirty (30) days following written notice thereof from the City to each of the Owners. Failure of the Owners to reimburse the City for any such Maintenance conducted by the City as required herein shall result in a claim for reimbursement and shall be assessed by the City against the Lot(s) for which payment has not been made and shall constitute a lien against said Lot(s) which shall be filed by the City in accordance with applicable provisions of the City Code and the City is entitled to recover reasonable attorneys’ fees and costs for collection thereof. 5.4) In the event actions of an Owner results in damage to the Road, or if an Owner fails to pay any amount due for Maintenance pursuant to this Declaration, then such actions shall be deemed a breach of this Declaration, and in addition to all other remedies available at law or in equity, including the remedies provided in Section 5.2 above, the non- defaulting Owners may elect to (i) restore the Road to its prior condition (in the case of damage to the Road), or (ii) pay such defaulting Owner's share of the costs for Maintenance (in the case of non-payment). The costs paid for such restoration and/or paid for Maintenance, including 218545v54 interest at a rate of five percent (5%) per annum and all costs and expenses including reasonable attorneys' fees and costs shall be assessed against the defaulting Owner in favor of the non-defaulting Owner(s) and shall constitute a lien against the Lot of the defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the official real estate records of Hennepin County, Minnesota; provided, however, that any such lien pursuant to this Section 5.4 shall be subject and subordinate to (i) liens for taxes and other public charges which by applicable law are expressly made superior; and (ii) all liens recorded in the official real estate records of Hennepin County, Minnesota prior to the date of recordation of said notice of lien. Upon the timely curing by the defaulting Owner of any default for which a notice of lien was recorded, the party recording the same shall record an appropriate release of such notice of lien with the official real estate records of Hennepin County, Minnesota to release said lien. All non-defaulting Owners, or any of them, shall have the right and power to enforce this Declaration as provided herein. Nothing contained in this Section 5.4 is intended to alleviate any reimbursement obligations of the Owners to the City in accordance with Section 5.3 above. 6. Voting. In all instances where the Owners have the right to vote on matters concerning the Road and this Declaration, then the Owners shall be entitled to one (1) vote per Lot, with a majority vote controlling all such matters. If there is a deadlock (1-1 vote) with respect to any matter concerning the Road or this Declaration, then any of the Owners may petition the City Council to break the deadlock in which case a majority decision of the City Council shall control. 7. Binding Effect. This Declaration shall run with the Property and shall be binding on and inure to the benefit of the Owners, their heirs, representatives, successors and assigns. 8. No Amendment. This Declaration may be modified or amended only upon the recording of a document in the official real estate records of Hennepin County, Minnesota, setting forth such amendment and fully executed by all of the Owners, and any other party having a recorded interest in the Property. The modified or amended Declaration must be approved by the City of Orono. 9. Severability. Invalidation of any covenant, condition, or restriction set forth herein by judgment or court order shall in no way affect any of the other provisions hereof, which shall all remain in full force and effect. 10. Warranties of Title. Declarants and Vogstroms represent and warrant that they are the lawful Owners of the Property and have the full right, title and authority to enter into this Declaration. Any mortgage lender, or other party with an interest 218545v54 in the Property, if any, shall consent to this Declaration, which consent shall be attached and made a part of this Declaration. 11. Notices. All notices, communications, demands and requests permitted or required to be given to the Owners under this Declaration shall be in writing and shall be deemed to have been given (a) when personally delivered, or (b) one (1) business day after being delivered to a reliable and recognized overnight courier or messenger service which provides receipts of delivery, with fees prepaid or charged to the sending party, or (c) three (3) business days after being deposited in the United States mail in a sealed envelope with registered or certified mail postage prepaid thereon, addressed to the Owners at such Owner's Lot. 12. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance and enforcement of this Declaration. IN WITNESS WHEREOF, Declarants and Vogstroms have executed this Declaration the day and year first above written. Remainder of page left blank. Signature pages follow. 218545v54 DECLARANTS: _____________________________________ William M. Dunkley _____________________________________ Susan K. Dunkley STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2022, by William M. Dunkley and Susan K. Dunkley, husband and wife. _______________________________________ Notary Public 218545v54 VOGSTROMS: _____________________________________ Eric Vogstrom _____________________________________ Elizabeth Vogstrom STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2022, by Eric Vogstrom and Elizabeth Vogstrom, husband and wife. _______________________________________ Notary Public 218545v54 CITY OF ORONO By: _____________________________________ Dennis Walsh, Mayor (SEAL) By: _____________________________________ Adam Edwards, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2022, by Dennis Walsh and Adam Edwards, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _______________________________________ Notary Public INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (612) 452-5000 SNC 218545v54 EXHIBIT A to DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT/MAINTENANCE Lot 1, Block 1, Pence Lane 2nd Addition, Hennepin County, Minnesota 218545v54 EXHIBIT B to DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT/MAINTENANCE Lot 2, Block 1, Pence Lane 2nd Addition, Hennepin County, Minnesota AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding variances to redevelop the property. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on January 18, 2022. Therefore the 60-Day review period expires on March 19, 2022. 3. Background/ Summary. The applicant is requesting lot area, lot width, and front setback variances in order to construct a new home on the property in the general location of the existing home and garage. Since the planning commission meeting, the applicant has redesigned the site plan so that both side setbacks will be conforming. They continue to request the lot width, and lot area variances as well as the variance from the front setback to allow a 57.7 foot setback where a 100-foot setback is required; 71.5 feet from the edge of blacktop. 4. Planning Commission Vote and Comment. On February 22, the Planning Commission held a public hearing. Following the public hearing, and discussion with the applicant regarding the practical difficulties justifying the front setback variance (topography, hydric soils in the rear, etc.), the Planning Commission voted 5 to 0 in favor of a motion to approve the requested variances. The Commission encouraged the applicant to adjust the plan to conform to the side setbacks. 5. Public Comment. No formal public comments have been received. 6. Staff Recommendation. Staff recommends approval of the revised plan. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed (Revised) Plans C. Draft PC Minutes D. PC Staff Report 02/22/2022 References PC Exhibits 02/22/2022 A. Application B. Practical Difficulties Documentation Form C. Proposed Survey D. Proposed Plans and Elevations E. Wetland Delineation Information F. Property Owners List G. Plat Map Item No.: 9 Date: March 14, 2022 Item Description: LA22-000007 – Alma Homes LLC o/b/o Andrea & Garrett Gronberg, 65 Stubbs Bay Rd N, Variances – Resolution No. 7256 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda 8 12 8 12 8 12 8 12 4 12 4 12 4 12 6 12 6 12 6 12 8: 1 2 4: 1 2 4: 1 2 4 1 2 4: 1 2 6: 1 2 6: 1 2 6: 1 2 1' 0 1' - 0 " 1' - 6 " 1' - 6 " 1' - 6 " 1' - 6 " 1' - 0 " 6" 6" 1' - 6 " 1' - 6 " 1 - 0 " 1' - 6 " 1' - 0 " 3' - 0 " 11 " RI D G E V E N T RI D G E V E N T RI D G E V E N T RI D G E V E N T ID G E V E N T 6" L P R I M T Y P . 6" L P R I M T Y P 6" L P R I M T Y P . 6X 6 W R A P P E D C E D A R C O L U M N S W/ 1 0 " C E D A R C O L L A R S 8" D R O P P E D S O F I T LP L A P S I I N G T Y P . 6" L P L A P I D I N G T Y P . L B O A R D & B A T T N ST N D A R D L P B A T T N S R I P S 1 6 " O C T Y P 12 X 2 4 C E D A R B R A C K E T 12 X 2 4 C E D A R B R A C K E T LP L A P I I N G T Y P . 6" L P B E L L Y B A N D . 6 5 LP B O A R D & B A T E N S A N D A R D L P B A T E N ST I P S 1 6 " O C T Y P 6" L P R I M T Y P . 6" L P T I M T Y P . 1' - 0 " 2 ' 0 " CE D A R B R A C K E T T Y P 4 12 4 12 4 12 4 12 6 12 8: 1 2 4: 1 2 4 1 2 4 1 2 4 1 2 6: 1 2 11 " 1' - 0 " 1' - 6 " 1' - 6 " 1' - 0 " 1' 0 " 1' - 0 " 1 - 0 ID G E V E N T ID G E V E N T ID G E V E N T RI D G E V E N T 6" L P T I M T Y P . 6" L P T R I M T Y P . 6" L P T I M T Y P LP L A P I D I N G T Y P . LP L A P I D I N G T Y P . LP L A P S I I N G T Y P . LP L A P I D I N G T Y P . 6" L P B E L L Y B N D 6" L P B E L L Y B N D . 2X 1 0 D E C K L E D G E R LP B O A R D & B A T E N S A N D A R D L P B A T E N ST I P S 1 6 " O C T Y P A L M A H O M E S D E S I G N | B U I L D | R E N O V A T E 2 5 0 0 S H A D Y W O O D R O A D S U I T E 7 5 0 O R O N O , M N 5 5 3 3 1 6 1 2 - 7 9 0 - 7 8 6 0 W W W . A L M A H O M E S M N . C O M M N L I C E N S E # B C 7 2 6 0 7 4 OF 5 SH E E T G R O N B E R G R E S I D E N C E 6 5 S T U B B S B A Y R O A D O R O N O , M N SQ U A R E F O O T A G E PL A N R E V I S I O N S 1. - O R I G I N A L 2.3.4.5.6.7.8.9.10 . FI N I S H E D B A S E M E N T : 1 0 3 2 S F FI R S T F L O O R : 1 2 4 0 S F SE C O N D F L O O R : 1 2 2 5 S F BO N U S R O O M : N / A TO T A L S F : 3 4 9 7 S F GA R A G E : 9 3 1 S F FR O N T P O R C H : S F FO U N D A T I O N : 1 3 2 6 S F CO P Y R I G H T 2 0 2 1 A L M A H O M E S FR O N T E L E V A T I O N SC A L E 1 4 "= 1 ' 1 LE F T E L E V A T I O N SC A L E 1 4 "= 1 ' RI G H T E L E V A T I O N SC A L E 1 4 "= 1 ' BA C K E L E V A T I O N SC A L E 1 4 "= 1 ' Date Application Received: 01/18/2022 Date Application Considered as Complete: 01/18/2022 60-Day Review Period Expires: 03/19/2022 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 22 February 2022 Subject: #LA22-000007, Alma Homes LLC o/b/o Andrea & Garrett Gronberg, 65 Stubbs Bay Rd N, Variances Public Hearing Background The property is situated within the RR-1A zoning district where 5.0 acres in area is required. The property is substandard with respect to area and width. The property’s topography slopes considerably toward the wetland within the 100 foot front setback area. Currently there is a home and 3 detached buildings on the property. The applicant is proposing to redevelop the property with a new home in a similar location as the existing home. They are requesting setback variances due to the site’s topography, applied setbacks, and existing shared driveway configuration. They are proposing a home with an attached garage and a rear deck within the front yard setback. The two sheds behind the home are proposed to remain. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s substandard size, terrain, and the septic system location as practical difficulties supporting the requested variance(s). Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are practical difficulties in the size and width of the property, the sloping topography, and existing conditions supporting variances for a new home. LOT ANALYSIS WORKSHEET Section 78-395 – Setbacks: RR-1A Required Existing Proposed Front 100-foot 46’ 51.7’ Rear 100-foot +250’ +250’ North Side 50-foot 72’ 62’ South Side 50-foot 39’ 48.8’ Wetland 25’ or MCWD buffer ±150’ ±150’ Application Summary: The applicant is requesting approval of lot area, lot width, side yard setback, and front setback variances in order to build a new home on the property. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA22-000007 22 Feb 2022 Page 2 of 4 Section 78-395 – Lot Area/Width: The property’s boundary extends to the centerline of Stubbs Bay Road. Document No. 10802224 is for a road easement, therefore the property area calculation and front boundary begins at the edge of the 66 foot wide roadway easement. RR-1A Lot Area Lot Width Required 217,800 s.f. (5 acres) 300’ Actual 108,180 s.f. (2.48 acre) 165’ Section 78-1403 – Structural Building Coverage: The property exceeds 2.0 acres, therefore the structural coverage limit does not apply. Applicable Regulations: Lot Area and Lot Width Variances (Section 78-395) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within a residential district not served with sanitary sewer, such as the subject lot, are able to be redeveloped without variances if specific standards are met; such as: a. The lot area and lot width each meet at least 50 percent of the district standard. The subject lot meets 49% of the area requirement and 55% of the width requirement of the RR-1A district. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. The septic treatment area has been identified by a septic designer and is shown on the survey. c. All other zoning ordinance requirements must be met, including but not limited to the following: 1. Setbacks. The applicant is requesting variances from the front and side property setback requirements. 2. Hardcover. The property is not subject to hardcover restrictions. 3. Lot coverage by structures. The property is not subject to structural coverage restrictions. 4. Accessory structure requirements. The existing accessory buildings are proposed to remain. The larger building is nonconforming with respect to setback. No changes are proposed. The acreage and the applicant’s request for setback variance result in the property’s inability to conform to all of the standards above. Therefore, lot width and area variances are required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Front Yard and Side Yard Setback Variances (Section 78-395) The RR-1A district requires a 100-foot front yard setback and a 50-foot side yard setback. The application of the required front setback results in pushing the home further back into the sloped area of the property and closer to the wetland which is not conducive to the type of soils that will support the home, nor is it consistent with the neighborhood. The lot has an existing shared driveway with the neighbors to the south that is proposed to be maintained. The applicant is proposing to situate the home 51.7 feet from the front property line where a 100 foot setback is required and a 46 foot setback currently exists. The new home will meet the north side setback at 62 feet where 50 feet is required; the setback from the south side lot line is 48.8 feet where 50 feet is required. Both the front and south side yard setbacks proposed improve the existing condition. FILE # LA22-000007 22 Feb 2022 Page 3 of 4 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 applicant is proposing to construct a new single family home on a residential lot which is consistent with the intent of the ordinance. The front yard setback and side yard setback variances requested are reasonable considering the upland buildable area of the property and are consistent with the immediate neighborhood. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a new single family residence in a residential zone 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 applicant is proposing to use the property in a reasonable manner with the construction of a single family home. The RR-1A setbacks applied to the lot’s relatively narrow width results in limited options to construct a conforming building on the upper portion of the site. The front setback proposed is generally consistent with the existing home and neighbors to the south. b. There are circumstances unique to the property not created by the landowner; The lot’s substandard size and topography is not the result of actions by the property owner; and c. The variance will not alter the essential character of the locality. The proposed location of the new home is consistent with the existing home on the property and the character of the neighborhood is not likely to be altered by construction of the residence. 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 residential home is an allowed use in the RR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. FILE # LA22-000007 22 Feb 2022 Page 4 of 4 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The area and width of the property within the RR-1A zoning district is unique to the property and to the immediate neighbors which supports the requested variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The substandard size of the property is unique within the 5-acre rural residential zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Lot area and lot width variances are necessary for the preservation of the owners’ property right; granting the requested setback variances provides a reasonable buildable area on the substandard property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The relatively narrow lot within the RR-1A district results in limited building areas for construction of a single family home on the high portion of the site. The property’s size is unique for the RR-1A zoning district. Granting the requested variances is necessary. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Wetland Delineation Information Exhibit F. Property Owners List Exhibit G. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION DESIGNATING APPOINTMENTS TO THE ORONO PLANNING COMMISION BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments for the Orono Planning Commission are as follows: APPOINTMENT/DESIGNATION Term End Name Planning Commissioner, Vice Chair March 31, 2023 Scott Kirchner Planning Commissioner, Chairperson March 31, 2025 Mark McCutcheon ** Planning Commissioner March 31, 2024 Bob Erickson Planning Commissioner March 31, 2025 Matthew Gettman ** Planning Commissioner March 31, 2024 Dennis Libby Planning Commissioner March 31, 2025 Christopher Bollis ** Planning Commissioner, Third March 31, 2024 Jon Ressler Alternate Planning Commissioner March 31, 2023 Dave Peterson Alternate Planning Commissioner March 31, 2025 Gary Kraemer* * Initial Appointment ** Reappointment, 2nd term Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held March 14, 2022. ATTEST: ______________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: DJG Reviewed By: Ron Olson Approved By: Item No.: 11 Date: March 14, 2022 Item Description: Approval to Hire Mechanic Presenter: DJ Goman Public Works Superintendent Agenda Section: Consent Agenda 1. Purpose. To gain approval of the appointment of Brody Pool to the Mechanic position. 2. Background. The Council approved the filling the position of the Mechanic position at the City Council meeting dated January 10, 2022. 3. Recruitment. The selection process for the position has been completed. The process involved reviewing five applications. Three interviews were conducted, interview panel consisted of DJ, Scott and Mike Woken 4. Recommended Candidate. The top candidate is Mr. Brody Pool. Brody joined the city as a Public Works Maintenance Worker in 2021and has proven himself to be a valuable member of the organization. Brody has prior experience as a Diesel mechanic. 5. Funding. There is adequate funding in the 2022 budget for this promotion. 6. Staff Recommendation. Staff recommends the approval of promoting Brody Pool to the position of Mechanic. Brody will be placed at Grade 8 step 3 $ 29.93 of the Local 49 pay scale. Increases will follow the personnel policy / appropriate collective bargaining agreement. Future step increases will happen on the anniversary date of the promotion subject to achievement of the certification listed in the position description. 7. Vacant Position. This appointment will create a vacancy in the public works maintenance staff. Staff will initiate recruiting efforts to fill this position as soon as possible. COUNCIL ACTION REQUESTED Motion to approve appointing Brody Pool to the position of Mechanic at Grade 8 step 3 of the Local 49 pay scale. Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to close the 2021 Sanitary Sewer Rehabilitation Project (21-014) and make final payment to the contractor. 2. Background. Metropolitan Council Environmental Services (MCES) provides sanitary sewer treatment for the majority of communities (including Orono) in metropolitan area. Since 2005, MCES has identified Orono as one of the communities who contribute excessive Inflow and Infiltration (I&I). The City has been executing a sanitary sewer rehabilitation project annually to reduce I&I. Each year the City works to identify inflow and infiltration points within the sanitary sewer system thought our annual inspection program. These sites then inform our rehabilitation efforts for the year. In 2020 the City received an excessive flow work plan assignment from MCES based on excessing flows in 2019 for $363,540. I & I mitigation projects in 2020-24 may be used to accomplish the assignment. 3. Scope. The project included the lining of 7,717 feet of sewer main. 4. Cost. The final pay request (Exhibit A) for the project is for $198,200.95. The total amount payed to the contractor for the project will be $198,200.95. The bid amount for the project was $213,387.75. 5. Funding. The project is funded from the Sanitary Sewer Fund. 6. Staff Recommendation. I recommend council close the project and authorize the final payment to the contractor, Visu Sewer. The project is complete and all of the required project closeout documentation has been received. COUNCIL ACTION REQUESTED Motion to approve the final payment of $198,200.95 to Visu Sewer for the 2021 Sanitary Sewer Rehabilitation project and to close the project out. Exhibits A. Pay Request Item No.: 12 Date: March 14, 2022 Item Description: 21-014 Sewer Rehabilitation –Final Pay Request / Project Closeout Presenter: Adam T. Edwards, P.E. City Administrator /City Engineer Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this item is to accept the proposal a space needs study for the existing public works facility. 2. Background. With the construction of a new public works facility on the schedule for the near future, the city has an opportunity to repurpose the existing Public Works Facility. The existing building was built in the early 1990 and is showing its age. To determine the buildings long term needs and feasibility to serve in a new capacity a space needs study is recommended. At the mayor’s request, staff solicited a proposal from Oertel Architects for a space needs study. As one likely future use for the facility is as a fire station the initial study will focus on the suitability for that use. Other potential uses could be parks maintenance or indoor recreation facility. 3. Project Scope. The scope of the study is to analyze the existing building systems and layout, provide documentation of the building and its needs, and development of future concept layouts. 4. Cost. Oertel Architects provided a proposal with a cost of $13,470. 5. Funding. Funding for the project would come from facility bonding funds. COUNCIL ACTION REQUESTED Motion to accept the proposal from Oertel Architects for a fee of $13,470 for space needs study of the public works facility. Exhibits A. Fee Proposal from Oertel Architects. Item No.: 13 Date: March 14, 2022 Item Description: Space Needs and Facility Study for Current Public Works Building Presenter: Adam T. Edwards, P.E City Administrator/ City Engineer Agenda Section: Consent Agenda 1 1795 St. Clair Avenue | St. Paul, MN 55105 | (651) 696-5186 www.oertelarchitects.com To: Adam T. Edwards, P.E. City Administrator/City Engineer, City of Robbinsdale 250 Kelley Parkway, Orono, MN 55356 RE: Proposal of Fee and Scope for Adaptive Re-use of the Existing Public Works Building for a Potential Fire Station Adam, Please see below for our proposal outlining the needs, scope, and fee for the proposed review of your existing Public Works Building. Please do not hesitate to ask any questions or note any concerns. Thank you for reaching out to us with this opportunity. Purpose The City of Orono is considering re-use opportunities for the existing Public Works facility located at 2700 Kelley Parkway. This study will concentrate on adapting the current building into a future fire station.  Adapting the existing building to accommodate new functions as determined by staff, general industry standards, and current fire service trends.  Analysis of the existing building systems and layout. This analysis will include a review of code compliance, security, HVAC, Electrical/IT, and architectural/structural systems.  Review of anticipated vehicle movements, turning radii, and parking as required to accommodate future functions. Methodology We are proposing the following work tasks as part of the project:  Review of the existing building with staff including photo documentation and general measurements.  Review of existing drawings including any additions/alterations/previous studies.  (4) Meetings with staff to determine programmatic needs and review concept materials Deliverables Existing Building Review A short memo outlining ADA and code compliance issues found within the building. Meeting Minutes and Building Program Meeting Minutes from staff interviews and a program document outlining new and existing space needs Space Needs Program Concept space needs spreadsheet and checklist Floor Plans Two concept floor plans for staff review and consideration Concept Renderings Two concept renderings that illustrate the proposed changes 2 1795 St. Clair Avenue | St. Paul, MN 55105 | (651) 696-5186 www.oertelarchitects.com Cost Estimate Provide a cost estimate per option for staff review and consideration Project Management and Coordination $1,820.00 Work Task Staff Hours Rate Fee Existing Building Review Project Manager 4 Hours $135 $ 540 Design Architect 2 Hours $100 $ 200 Progress Meetings Project Manager 8 Hours $135 $ 1,080 (Up to 4, 2-hour meetings or as required for project duration) Concept Planning $7,350.00 Work Task Staff Hours Rate Fee Programming Project Manager Included Above $135 $ 0 Concept Design Project Manager 30 Hours $135 $ 1,350 Design Architect 60 Hours $100 $ 6,000 Engineering In addition, we are requesting an allowance of $4,000 to be used on a hourly, as-needed basis for mechanical/electrical/plumbing equipment and systems review of critical items determined during the space needs identification. Exclusions Site Survey – Site Survey for the project, will be provided by others to the design team for use in the design process. Soil Testing / Engineering – These services will be provided by others to the design team for use in the design process. Third Party Ratings – This project scope does not include at this time any additional third-party rating system (LEED, B3, Green Globes) and thus no additional specific meeting time or design deliverables are anticipated. Council Presentations – We anticipate City staff will provide any City Council presentations and periodic updates. However, we would participate as required at our hourly rates for these additional meetings, or within the scope of what we have defined as “Progress Meetings” if deemed necessary by City Staff. 3 1795 St. Clair Avenue | St. Paul, MN 55105 | (651) 696-5186 www.oertelarchitects.com Expenses For this scope, we propose a not to exceed / billed as incurred proposed expenses of $300.00, for the purpose of milage to in-person meetings only. Thank you again for this opportunity to propose on this project. Thomas Stromsodt, Principal Oertel Architects, Ltd. AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By: Purpose. The purpose of this action is to swear in the Junior Cadets (Allison “Allie” Bunker and Lucas Bacon) into the Growth through Opportunity program (GTO). Item No.: 14 Date: March 14, 2022 Item Description: Swearing in of Junior Cadet Presenter: Correy Farniok Police Chief Agenda Section: Presentation OATH OF OFFICE FOR CADET OFFICER CITY OF ORONO, MINNESOTA I Allison and Lucas, do solemnly swear under oath that I will support and work with the City of Orono and Orono Police Department. That I will follow the direction of its employees and support the duties of the office of police cadet in the City of Orono, of the County of Hennepin to the best of my judgment and ability, so help me God. Subscribed and sworn before me this fourteenth day, of March, 2022 ____________________________________________ City Clerk C. Neighbor Letter of Support D. PC Staff Report References PC Exhibits A. Application B. Practical Difficulties Documentation Form C. Existing & Proposed Survey/Site Plan D. Pictures E. Submitted Hardcover Calculations F. Property Owners List and Map PUBLIC HEARINGS 1. LA21-000076 YARDSCAPES, INC. - LINCOLN DANFORTH, 1720 BOHNS POINT ROAD, REQUESTS HARDCOVER AND 75-FOOT LAKEYARD SETBACK VARIANCES TO ALLOW THE RECONSTRUCTION OF A RETAINING WALL. Staff presented a summary packet of information. Ms. Oakden stated the Applicant is proposing to reconstruct failing retaining walls within the 75’ lake yard setback with some expansion to the footprint. The property abuts Lake Minnetonka with a large slope along the shoreline; the existing retaining walls are made of concrete and the new proposed walls will be boulders to match the neighboring walls. Ms. Oakden said most of the walls will following the same footprint as the existing walls with some slight variations. The Applicant is hoping to proactively prevent any further erosion and stabilize the area. Staff finds there to be practical difficulties for allowing the Applicant to rebuild and install new retaining walls within the lake yard. The retaining walls would support and protect the slope. Staff would recommend adding additional screening of the walls to preserve a natural, vegetated view from the lake. Ms. Oakden noted one letter of support was received. Chair Kirchner opened the public hearing at 6:05 p.m. Melissa Santrach, 1700 Bohns Point Road, lives in the house right next door and sent the letter. She urged the Commissioners to allow this as they can see the condition of the existing concrete wall. Chair Kirchner closed the public hearing at 6:06 p.m. Ressler is familiar with this property and it seems manageable, prevents erosion, and he is in support of Staff’s recommendation. Ressler moved, Bollis seconded, to approve LA21-000076, 1720 Bohns Point Road, Variances. VOTE: Ayes 5, Nays 0. Peter and Melissa Santrach 1700 Bohns Point Road Orono, MN 55391 February 21, 2022 Planning Commission City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 RE: LA21-000076 We are writing in strong support of the variance requests by Yardscapes for the property at 1720 Bohns Point Road, which is adjacent to our home. The retaining wall in question was likely constructed when the first home was built on the property in the 1950s. This concrete block wall is visibly failing. Not only is the wall tremendously unsightly, but it is a potential safety hazard, especially during periods of heavy rain. Yardscapes’ proposal to reconstruct this wall will provide the necessary reinforcement, will greatly improve the appearance of their property from the lake, and will provide an attractive aesthetic that is consistent with the quality of the home on the property. We urge the Planning Commission to approve all variance requests pertaining to the reconstruction of this retaining wall. Sincerely, Peter and Melissa Santrach Date Application Received: August 25, 2021 Date Application Considered as Complete: January 18, 2022 60-Day Review Period Expires: March 19, 2022 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, LLO Date: February 22, 2022 Subject: LA21-000076, Lincoln Danforth, 1720 Bohns Point Rd, Variance, Public Hearing Background The applicant is proposing to reconstruct failing retaining walls within the 75’ lakeyard setback. The property abuts Lake Minnetonka with a large slope along the shoreline. The property is currently vacant and the existing retaining walls which are made of concrete. The new proposed walls will be boulders to match the neighbors existing walls. Most of the walls will following the same footprint as the existing walls. There is a slight variation closer to the north property line. The new wall in this area will be placed further away from the lake compared to the existing walls, which will be removed. There is existing vegetation located lakeward of the retaining walls to act as screening from the lake. Commissioners should discuss if additional screening should be required. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the sloped shoreline and the existing retaining walls 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 finds there to be practical difficulties for allowing the applicant to rebuild and install new retaining walls within the lake yard. The retaining walls would support and protect the slope. Staff would recommend adding additional screening of the walls to preserve a nature vegetated view from the lake. LOT ANALYSIS WORKSHEET Section 78-1680 and 78-1700 – Hardcover Calculations: The existing retaining walls consist of 72 square feet. The new proposed retaining walls are 72 square feet. Retaining walls are exempt from hardcover totals for the property. Retaining walls are excluded from the hardcover calculations. Applicable Regulations: Lake Setback Variance (Section 78-1279) Application Summary: The applicant is requesting to reconstruct the retaining walls in the 75’ lakeyard with minor expansion. Staff Recommendation: Planning Department Staff recommends approval. LA21-000076 February 22, 2022 Page 2 of 4 Retaining walls are not permitted within 75’ of the lake, therefore the applicant is requesting a setback variances. The applicant’s plan involves replacing the existing concrete slab style retaining walls, with more natural looking boulders and to support the new style stair. The applicant is hoping to proactively prevent any further erosion and potential failure of the lake yard with tiered retaining walls to stabilize the area. 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. Preserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls are protecting the slope on the property 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 owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls as a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner. and c. The variance will not alter the essential character of the locality The variance to permit retaining wall structures within the 75-foot setback will help to maintain the existing slope and character of the area. 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 LA21-000076 February 22, 2022 Page 3 of 4 defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as single family 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 slope of the property combined with the pre-existing improvements is a unique condition to the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject property’s specific slope and existing improvements are creating conditions which do not apply to adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the lakeyard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The location of the slope in the lakeyard does not support another, conforming location for the retaining wall. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Commission should discuss if additional landscaping and screening should be required to preserve and enhance a natural vegetated view from the lake. Planning Staff Recommendation Planning Staff recommends approvals for the lakeyard variances to allow the reconstruction of the retaining walls with a condition to add additional vegetation to screen the retaining walls from the lakeview of the property. LA21-000076 February 22, 2022 Page 4 of 4 List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Pictures Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List and Map AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This item is regarding the applicant’s request to refund fees and costs incurred relating to application #LA21-000077. 2. MN§15.99 Application Deadline. The application was received on December 15, 2021 and considered to be complete on January 3, 2022. The 60-Day review period has been extended by the City and now expires on May 12, 2022. 3. Background. In the fall of 2019, the Long Lake Rowing Crew (LLRC) approached the City about the prospect of partnering to construct a boathouse at Orono’s Summit Beach Park. The Park Commission considered the proposal at two meetings November 2019 and March 2020. In July 2020, the City Council reviewed the LLRC’s request and no formal action was taken by the Council. Following this meeting the LLRC proceeded with plans for the project. In December 2021, the LLRC submitted an application seeking a public-private partnership to construct the Long Lake Community Rowing Center at Summit Beach Park. The application consisted of a request for a zoning text amendment and a conditional use permit to support the proposed use. Upon receiving a large volume of public comment in opposition, the applicant requested to have their application tabled just prior to the start of the January Planning Commission meeting. Members of the public provided comment during the meeting. 4. Request. The applicant is choosing to withdraw their application at this time. They have requested a refund of application fees as well as reimbursement of some of their incurred costs. Their request is detailed on Exhibit A, attached. Additionally, they would like an opportunity to address the Council during the meeting. 5. Staff Recommendation. Staff does not support a refund of the application fees or for costs incurred by the applicant. COUNCIL ACTION REQUESTED Council should direct staff regarding the applicant’s request. Exhibits A. Applicant’s Request Item No.: 16 Date: March 14, 2022 Item Description: LA21-000077 – PKA Architecture o/b/o Long Lake Rowing Crew – Fee Waiver Request/Reimbursement of Costs Presenter: Melanie Curtis Planner Agenda Section: Community Development Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A. Carlson Approved By: 1. Purpose. To provide non-binding feedback on a proposed subdivision of 1245 Arbor Street. 2. Background. The property owner is seeking sketch plan comment on a proposal to subdivide the existing 0.64 acre lot at 1245 Arbor into two lots. The property is currently zoned RR-1B which requires 2 acres of minimum gross area and 200 feet of frontage. The lack of conforming lot area and width represent the most pressing challenges with the proposal. The staff report to the planning commission provides additional analysis. Staff does not support deviations from the zoning code to accommodate this subdivision. 3. Planning Commission Vote and Comment. On February 22, 2022, the Planning Commission reviewed the proposal. The members of the Commission were in agreement with Staff that the project does not conform to zoning standards. The Commissioners noted that they could not support variances. 4. Public Comment. During the Planning Commission review, the applicant asked about some of the flexible zoning options, RPUD, PUD, or PRD. These options were reviewed previously, and the subject property does not support any of these options. Analysis on the options are included in the letter to the applicant’s attorney dated April 23, 2021. This is attached as Exhibit D. No comments for or against the proposal have been received. COUNCIL ACTION REQUESTED City Council should provide non-binding feedback on the proposal. Exhibits A. PC Staff report B. PC Minutes - Draft C. Sketch Plan D. Comment Letters E. Resolution 1798 F. Resolution 5888 References PC Staff Report & Exhibits 2/22/2022 Item No.: 17 Date: March 14, 2022 Item Description: LA22-000002 – Jim Hillier, 1245 Arbor Street – Sketch Plan Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Community Development Report To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Jeremy Barnhart, AICP, Community Development Director Date: February 22, 2022 Subject: #LA22-000002, Jim Hillier, 1245 Arbor Street, Sketch Plan Background The property was originally platted as lots 12, 13, 14, and 15 of Maxwell’s Addition to Crystal Bay in January 1915 and these 4 lots were combined as two separate parcels (12 and 13) and (14 and 15) at some point after. In 1985, Council Resolution 1798 noted the parcels were used as a single property. In 1985, sanitary sewer services were provided to the area, and one sewer connection was provided to the subject property. In 2009, after the properties were classified as Tax Forfeit, city resolution 5888 recommended (to the County) their sale only as combined parcels. The parcel is currently recognized as a single parcel, with one County Property Identification Number (PIN# 1011723310105). The parcel is 0.64 acres and the frontage on Briar Street is considered the front, by virtue of its shortest length (100.05 feet) Application The applicant’s propose to split the currently undeveloped parcel into two lots. Both lots would have frontage on an existing public street, and both lots would be served by sanitary sewer within Arbor or Briar Street. Each lot will have its own well. The proposed use of the property is anticipated to be single family residential. The table below summarizes the proposed lot area and width, and the shows the required standards, including setbacks. Items in red denote non-conforming standards. Application Summary: The applicant is requesting sketch plan review on a proposed subdivision that would subdivide a 0.634 acre parcel into two equal lots. The parcel is in a zoning district that requires a minimum lot area of 2 acres and 200 feet of lot width. Staff Recommendation: Planning Department Staff requests non-binding feedback from the planning commission. Planning Staff does not support the lot split as non-conforming lots would be created, inconsistent with the zoning code and the comprehensive plan for the area. Council Exhibit A LA22-02 FILE # LA22-000002 February 22, 2022 Page 2 of 2 Lot width is measured at the front building setback line. Frontage along Minnetonka Ave would be considered the side street. Applicable Regulations: Section 78-420 outlines the development standards for the RR-1B zoning district. Section 82-85 outlines the purpose and process for sketch plans. Analysis: The proposal is not consistent with the zoning code or the Comprehensive Plan. The current zoning, RR-1B, requires 2 acres of gross land area, and 200 feet of frontage. The property cannot be split without variances, and the applicant must prove practical difficulties. The current zoning of the property is consistent with the community management plan, Urban Low Density Residential, which requires 0.5 – 2 units per acre. 0.5 units per acre is a 2 acre lot, consistent with the current zoning. Lot sizes at 14,000 sq. ft. equate to about 3 units per acre, consistent with an Urban Medium Density Residential Land Use. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff does not support the subdivision as proposed. List of Exhibits Exhibit A. Application Exhibit B. Proposed sketch plan Exhibit C. Staff review comments Exhibit D. Pre-application correspondence Exhibit E. Resolution 1798 Exhibit F. Resolution 5888 RR-1B Requirements West Lot East Lot Width 200 feet 100 feet 100 feet Area 2 acres, 87,120 sq ft 0.16 acres, 14,008 sqft 0.16 acres, 13,991 sqft Setbacks Front yard 50 feet 50 feet 50 feet Side street 30 feet 20 feet 20 feet Side yard 30 feet 15 feet 15 feet Rear 50 feet 40 feet 40 feet MINUTES OF THE ORONO PLANNING COMMISSION February 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 1 LA22-000002 JIM HILLIER, 1245 ARBOR STREET, SUBDIVISION, SKETCH PLAN. Staff presented a summary packet of information. Mr. Barnhart shared the Applicant is requesting sketch plan review on a proposed subdivision that would subdivide a 0.634 acre parcel into two equal lots. The property is in a two acre zone and each lot is proposed at .14 acre with sanitary sewer and served by a well. Staff does not support the subdivision as proposed primarily because it is inconsistent with zoning ordinance which requires a two acre minimum lot size and 200 feet of frontage and neither lots meet those requirements. The only setback met is the front at 50 feet, the side yard, side street, and rear yard setbacks are non-conforming based on the proposed house pad. Staff is looking for feedback tonight and there is no public hearing. Jim Hillier, 1224 Briar Street, is looking to take what was historically four platted lots, was divided into two parcels, and was then combined into one. They are looking to put it back to the two parcels with two separated PIDs. The history of the neighborhood was 50 feet by 140 foot platted lots, so 80% of the lots in the neighborhood are between 7,000-11,000 square feet. These lots would be roughly 14,000 square feet. In looking at the neighborhood there is a post office, school, art center, and in Mr. Hillier’s perspective it was not designed to be two acre urban estates. To keep it as a larger parcel one would want to put a larger home on it and he does not want to do that, noting he bought the lot next door and built a new home where there was once a dilapidated home. He noted they would like to do the same thing with these two parcels to improve the neighborhood and meet some goals of the Comprehensive Plan which is to create affordable housing, and upgrade older neighborhoods with empty lots. Kirchner understands the overall thought process based on neighboring homes. However he does not think it is appropriate or productive for the Planning Commission to support this as it goes against the Comp Plan and current zoning districts. Bollis asked if this goes against the Comp Plan. Barnhart replied no. The zoning ordinance is consistent with the Comp Plan and the Comp Plan guides the City for large lots. There are certain pockets within the community that have not developed under that goal. In 2018 discussions and review of the Comp Plan this neighborhood was specifically talked about and the potential for changing the land-use for it because of the development pattern. The City Council at that time said no, the goal is larger lots in this area as well, and they elected not to increase density in the area. Ressler thinks the Applicant makes a good point regarding density but the time to have that discussion is when the Comp Plan is updated. He noted they have seen the same thing with the Casco Point area zoning. The Planning Commission does not have the jurisdiction to approve because it is not a sub- dividable lot. Libby shared that these kinds of changes become moot because it is really difficult to approve a sub division where there is already a non-conformity. He thinks it will be an uphill climb for the Applicant. Erickson cannot support this sub division and agrees with Ressler that anything like this should be preceded by a discussion of the Comp Plan. Council Exhibit B LA22-02 Council Exhibit C LA22-02 February 8, 2022 Mr. Jim Hillier VIA EMAIL 1224 Briar Street jim.hillier@resideo.com Orono, MN 55391 Re: Sketch Plan application File # LA22-000002 The City has received your sketch plan application. After review of the proposal, I have the following comments to offer. I also include information related to the sketch plan process. Comments on Plan 1. The proposal shows two lots where one currently exists. This is considered a subdivision. The title of the document says “Proposed Lot line Rearrangement…” This is inaccurate and should read “Proposed Sketch plan for…” or similar. 2. The property is zoned RR-1B, which requires 2.0 acres and 200 feet of width for each lot. Neither of the proposed lots meet these requirements: All setbacks are based on the proposed house pads illustrated on the plan and the standard setbacks for the RR- 1B zoning district. Items in red denote non-conforming standards. The attached letters to your attorney last summer provide additional analysis and options. To approve a subdivision, you must prove, and the Council must find, practical difficulties for variances. Based on the information provided, Staff will not support a variance as there are no practical difficulties. 3. The following fees will be due at the time of final plat. These fees will be confirmed at the time of final plat: Park dedication (0.1 acre for each new lot, or equivalent land value), Stormwater Trunk ($8,060.00), and sanitary sewer connection ($5,380.00 for each lot connecting). Sketch plan/ subdivision process. The sketch plan is the initial step in the subdivision process, and is intended for the applicant to receive initial, non-binding feedback on a proposal. Staff often recommends a sketch plan when additional approvals (zone RR-1B Requirements West Lot East Lot Width 200 feet 100 feet 100 feet Area 2 acres, 87,120 sq ft 0.16 acres, 14,008 sqft 0.16 acres, 13,991 sqft Setbacks Front yard 50 feet 50 feet 50 feet Side street 30 feet 20 feet 20 feet Side yard 30 feet 15 feet 15 feet Rear 50 feet 40 feet 40 feet changes, comprehensive plan amendments, variances, etc.) are necessary for the project to be approved. The Planning Commission, in a public meeting, will review and provide comment on February 22, 2022. The City Council will also review the application, likely on March 14th. While neither of these meetings are formal public hearings, the Planning Commission and City Council will allow comment from an interested public. No City Council decision will be made during the sketch plan process. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director July 21, 2021 Waldron Law Offices, LTD Attn: John B. Waldron VIA EMAIL ONLY 1951 Concordia Street john@waldronlaw.com Wayzata, MN 55391-9320 Re: Hillier Land Use Application for 1245 Arbor Street, PID 10-117-23-31-0105 Mr. Waldron, The City has received your letter of July 9 regarding your clients desire for City approval to subdivide the property into two lots. After reviewing your statements and the supporting documents, please accept this letter as the City’s response to your inquiry. Your letter makes three primary arguments to support a second building site on the property: arguments based on the resolution 1798, arguments based on RPUD regulations, and arguments based on the Comprehensive Plan. Resolution. You note that city resolution 1798 included several statements: 1. if the subject property "is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance" 2. if subject property "at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit" and 3. "should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued." Emphasis added The resolution does offer a possibility for a second dwelling unit, if a variance is granted, or if zoning regulations change that would allow additional building sites. Neither of these actions have been approved by the City Council. RPUD. Of the two ways you offer to interpret minimum area of a RPUD, the Ordinance requires 5 acres, or a finding by the City Council that one of the 4 conditions exists (Sec 78-626 (1) a-d). These 5 acres may not include designated wetlands, floodplain, shoreline district, or rights of way. The regulation is interpreted consistent with your #2 on page 2. The Council has allowed RPUDs less than 5 acres, when at least one of the conditions is found to exist. Comprehensive Plan. The City Council adopted its comprehensive Plan on June 10, 2019 after the Metropolitan Council approved it on May 22, 2019. The adopted version of the comprehensive plan on the city website can be found here. I won’t go into each point because you may have been referring to earlier drafts of the plan when you referenced a plan dated March 2018. The guided land use for the property is low density residential, with a range of 0.5 – 2 units per acre. Two acre minimum lot sizes for the zoning district is consistent with this range. Regarding your comments relative to the November 9, 2015 worksession, the City Council has the obligation to establish appropriate land uses throughout the city. In 2015, and with the Comprehensive Plan in 2019, they did not choose to add density or change the land use for your area. Further, regarding the comments found in the April 12, 2021 record, the changes the City Council is contemplating continue to meet the goals established by the Comprehensive Plan. Your client has several options. They may: 1. Apply for a variance for the second lot. The variance would be for lot area and lot width for each of the lots. The Council will need to agree with your provided findings of hardship and practical difficulty. 2. Apply for an amendment to the Comprehensive Plan to increase density in the area, and/ or an amendment to the zoning ordinance to change the minimum lot area and width for your zoning district. 3. Appeal these interpretations. All three applications are made through the City’s application portal on the website site. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director Cc: Adam Edwards, City Administrator April 23, 2021 Mr. John Waldron Waldron Law Offices, Ltd. VIA EMAIL 1951 Concordia Street john@waldronlaw.com Wayzata, MN 55391-9320 Re: 1245 Arbor Street Mr. Waldron, Thank you for meeting with me on Monday, April 19th to discuss possible options to subdivide 1245 Arbor Street. I was asked to review the information provided and identify options to create a second lot on the property. My Findings: The properties were combined in or around December, 2009. Prior to that, via resolution 5888, the City Council released the parcels for sale, subject to the condition that the purchaser legally combine the parcels. When the Council considered sewer stubs for the property, they consciously decided on one sewer connection, even though there were two lots at the time, citing the intent of the Comprehensive Plan and the former PID ending in 0073 is not considered a buildable lot by itself. (Resolution 1798) The property is 0.64 acres, in a zoning district that requires 2.0 acres of gross land area and 200 feet of frontage. The combination of the property on December 4, 2009 created the lot; the lot of record rules and regulations found in Section 78-72, and summarized in exhibit E of section 6 of your packet no longer apply. Options: The city has some scenarios where a flexible zoning district can be applied, RPUD, PUD, and PRD: PUD is applicable only to parcels in the Navarre area or in the Highway 12 Corridor (Sec 78-1001). This parcel is in neither. PRD is applicable to parcels in the Shoreland Overlay District. One of the benefits of the PRD is that it allows for an alternative minimum lot standard, with no increase of in density. This parcel is permitted one unit (Sections 78-601 and 78-1327). RPUD is for the implementation of certain housing goals of the Comp Plan. There is a 5 acre minimum lot size for a RPUD development, noted in Section 78-626, with some exceptions: “Sec. 78-626. - Development standards. Within the RPUD district all development shall be in compliance with the following: (1)Minimum area; shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or Council Exhibit D LA22-02 shoreland district or right -of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a publ ic street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the pro posed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district.” I do not believe that any of the exceptions qualify for the property to be rezoned to RPUD. None of the flexible zoning avenues work to the favor of your clients. To subdivide, you will need the Council to accept your practical difficulties for a variance, either for lot area and width, or from the standards applied to the flexible zoning regulations. Staff will not recommend support for any variance. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director February 2, 2022 Mr. Jim Hillier VIA EMAIL 1224 Briar Street jim.hillier@resideo.com Orono, MN 55391 Re: Sketch Plan application File # LA22-000002 The City has received your sketch plan application. Since my initial letter of January 10, 2022 requesting additional information, I received payment of $325.00 and a to-scale sketch plan showing your proposed layout. Your application is complete and is scheduled for review by the Planning Commission on February 22, 2022. I recommend reaching out to the watershed district to understand their rules and their potential impact on your proposed project. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director January 10, 2022 Mr. Jim Hillier VIA EMAIL 1224 Briar Street jim.hillier@resideo.com Orono, MN 55391 Re: Sketch Plan application File # LA22-000002 The City has received your sketch plan application. At this time, however, your application is incomplete because no plans were submitted, and the application fee has not been paid. To complete the application please: 1. Provide payment of $325.00 for the review of the sketch plan. You may make the payment by contacting city hall (952-249-4600) to make a payment by phone. 2. The sketch plan should include the following: a. A ‘to-scale’ drawing showing the proposed lots with notations showing the proposed lot areas. b. If one of the lots is improved (has a building on it), hardcover calculations must be submitted. The Minnehaha watershed district requests applicants contact them early in the subdivision process to better understand their rules. Formal submittal of a preliminary play will require confirmation from the watershed district. At this time, your item is tentatively placed on the February 22 Planning Commission agenda, but will be removed if the preceding information is not provided by February 7th. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director Council Exhibit E LA22-02 Council Exhibit E LA22-02 AGENDA ITEM Prepared By: J. Barnhart Reviewed By: A. Carlson Approved By: 1. Purpose. To consider Joe Thull’s request for dock license for Dock site BI-6 (Massasoit Avenue), direct City Attorney to draft a license agreement. 2. Background. Last summer, the Orono City Council established a dock licensing program to provide dockage opportunity for inland lot of record owners on Big Island, to access their property via the existing right of way network on the island. The program was established to provide access to inland parcels that were not able to develop a private easement for access. In February, the City received a license from the LMCD to install a single, 20 foot long dock 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. One boat is permitted to be stored at this dock. The LMCD’s license included some signage requirements, staff has not received the final wording. 3. Request. Joe Thull owns 480 Big Island, a land locked parcel north of the requested site. Mr. Thull is eligible to apply for a license under Section 38-903 (b). 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. Public Comment. The issue of docks on public right of way has generated interest throughout Big Island. When the city’s application to the LMCD was received, several people spoke at the LMCD meeting. The minutes from the LMCD review on February 9th are attached as Exhibit D. To solicit additional public comment, a post card was mailed to every property owner on Big Island, requesting comment for this proposal. Comments in response to this application received by noon on Thursday are attached as Exhibit F. 5. Staff Recommendation. Staff recommends approval and the Council direct the City Attorney to draft a license agreement incorporating applicable standards and LMCD requirements. Further, based on the costs for acquiring the license, including surveying, staff recommends establishing the license fee at $2,300.00 for this dock, for 2022. COUNCIL ACTION REQUESTED City Council should direct the city attorney to draft a license, with the fee of $2,300.00. Exhibits A. Application materials B. Applicant’s statement C. Dock layout D. LMCD minutes E. License standards F. Public Comment G. Mailing Information H. Dock location I. Fee Rundown References Article VI. – Public Lakeshore, Lakeshore Rights of way and docks. Case LA21-000017 (480 Big Island Dock) ROW Item No.: 18 Date: March 14, 2022 Item Description: Big Island Dock License request, Site BI-6, Joe Thull Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Community Development Report C o u n c i l E x h i b i t A B I - 6 Joe & Sara Thull 480 Big Island I wanted to provide a summary of the last 18 months regarding my efforts in working with the City to obtain a dock license and achieve a reliability option to reach our property. I made my first inquire to Ms. Melanie Curtis and the Orono City back in November of 2020. I explained to Ms. Curtis that we had been anchoring and swimming to shore to access our property to camp. I also explained that we were going to start developing our lot overtime and currently have approved and pending permits. In the discussions a few options were outlined to gain dock access. 1. Easement: I could gain an easement from a neighbor or a property owner within proximity to my location. I pursed this but after multiple inquires I did not find anyone that would consider this option. To date I currently don’t have a viable option. 2.Secondly, I pursued a potential easement with Three River’s Park District, as the right-of- way running at the end of our property stops short and does not reach the shoreline, this would have been an ideal place but after a review by Three River’s Park they denied my request. 3.I kept the City Planning Office up-to-date and it was then suggested that I pursue a dock request at Bay Place, during this review time the City Council was looking at a more comprehensive plan for dock access should other requests come forward in the future. This involved several meetings with the City Council and Big Island property owners to create a solution that would work for everyone. After numerous meetings, an aligned solution was never agreed to. The City Council started looking at how other cities had solved this and a license program for various sites was put under consideration. 4. Mr. Jeremy Barnhart at the direction of the council and created dock license program and started investigating the various right-of-way sites where a dock could be approved. Each site has their own unique aspects to width, length, grade and general suitability. 5.After several City Council meetings and public input, when it came to reapplying for the dock license, I applied at the Massasoit Ave. right-a-way, site BI-6, given its proximity to our property and suitability for a dock. 6. The City applied for a license from the LMCD. 7.Fast forward to February 9th, 2022, the LMCD reviewed the proposal for a dock a Massasoit Ave – this dock proposal required no variances and was approved for 1 SBU by the committee. 8. The LMCD Board met on February 23rd, 2022, and voted to approve the dock at Massasoit Ave. Council Exhibit B BI-6 9. As we move to the March 14th City Council Meeting, I do understand this is the first dock in a potential new program, and I want the City Council to know as island property owner for 12 years and a boating family of 25+ year on the lake, I understand and value how unique Big Island is and if this license is granted I can assure you and my neighbors on Big Islands that we will continue to be good stewards of the Island as we have been. 10. We appreciate the work that has gone into bringing us to this point. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) [a.] b. (12) (13) (14) (15) (16) Sec. 38-906. - Terms of license for Big Island dock sites. Dock sites on Big Island are offered to provide dockage opportunity for inland lot of record owners to access their property via public right of way. Before a dock licens is issued for Big Island dock sites, the applicant must sign a license agreement containing the following terms and conditions and other provisions as the council may require. Rights and liabilities. 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. Indemnification. Dock license holders shall be solely responsible for the dock license site and all activities thereon. The license holder shall indemnify, defend, and hold the city, its officers, boards, commissions, agents, and employees harmless from and against any and all lawsuits, claims, causes of action, liability, and costs, of any nature that the city may at any time, directly or indirectly, suffer, sustain in any way connected with the grant of a dock license or activities on the dock license site. Docks. The license holder household may obtain only one license. 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. 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. Storage items. The license holder shall not store any accessory items at the dock site except fo the boat. The city may remove any accessory items from the dock site and treat it as abandoned property in accordance with law. Removal of boat. Upon termination of a dock license, the license holder 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. Dock specifications. Docks within right-of-way on Big Island will not extend more than 24 feet from the Ordinary High Water Line (OHW). Dock accessories. All dock accessories must be approved in writing prior to use at a dock site. 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 license holder shall not be entitled to a prorated license fee if the city places the dock on the dock site after May 1. The license holder shall cease using the dock and dock site on November 1 of each year. The license holder shall remove the boat from the dock site no later than November 1 of each year. 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 Guar 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. Unless permitted under the preceding two subsections, no watercraft shall be moored at a city dock site. A license grants the licensee one boat per dock site. Up to two license holders may share a dock allowing a total of two boats. Subject to inspections. All licensed docks are subject to inspection at reasonable times by the dock inspector or his or her designee. City access. The city shall be free to enter the dock site for any reason at any reasonable time and to perform maintenance and regulatory functions to be specified in the terms of the dock license agreement. Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the license holder. Term. Big Island Dock licenses expire November 1 of each year. License fee. The city council shall establish license fees. License fees shall not increase during the term of a license. A licensee must pay a license fee in full at the beginning of the term of the license by April 1 of each calendar year of the term of the license. Failure to pay the license fee may be cause the denial of the license application. (Ord. No. 259 3rd series, 7-26-2021) Council Exhibit E BI-6 March 9, 2022 Hand-delivered Mayor Walsh, and members of the Orono City Council, It is our understanding that the applicant, Joe Thull (480 BI) has requested he be permitted to lease a dock that the City of Orono supplies. He then leases the dock at the requested location you are considering tonight. After much back and forth information, we understand this dock is to be 20’ long and 3’ wide. We also know 480 BI is an unimproved, inland lot with no access to water, sewer or a structure. We, the Reimanns (440 BI) and the Hornigs (450 BI) have been misled and misdirected now multiple times. In the fall, we were assured all 7 ROW (Right of Way) locations were being surveyed. (This did not happen.) We called and heard from an Orono City Hall employee that the access being considered was not the one you are now considering tonight. Jeff & Olivia Hornig attended the city council meeting in 2021 opposing access for the dock and at that meeting they were told by the Mayor he was not sure why they attended the meeting because their side of the island is not being considered for dock access - it was on the other side of the island due to proximity. Hornigs also were confused why the America’s Boating Club— Minnetonka Squadron (formerly the Power Squadron) was not brought up for Thull’s as an option for campsite, fires, bathrooms and is a viable solution for landlocked owners as there is a clear path for them to walk to their property. Thulls…join the Boating Club! It costs the city zero time and maintenance and takes out any safety issues for the pathway to their property. What about getting an easement from Three Rivers Park District? Have all options been considered? We are also aware that there were numerous meetings in 2021 and that after several neighbors voiced their opposition to this request, the Council *(2)’directed the interested parties to develop an agreeable solution.’ AT NO TIME WERE WE INVOLVED in this process. In response, *(3)The Council developed a licensing program for the island property owners to use space on city dock for access to their lot. It is also our understanding that the LMCD may have approved the permit on February 23, but that several issues were brought up at their previous meeting Wednesday, February 9, that we audited and participated in. At that meeting, there were specific questions members of the LMCD came up with for the City of Orono. One related to lack of sanitary services. Your answer now, is, The Veterans Park location has two public rest rooms. That location is just not feasible or reasonable for the applicant or their guests’ personal use. Those restrooms would be a good 20 minute walk through rough terrain. No way can those be considered usable by that property owner. LMCD rules say that a city dock MUST have toilet facilities! Second, fire safety was brought up at the LMCD related to this unimproved property with no water. Should this property owner have a bonfire on this property that gets out of control, there is no stopping a forest fire from taking the entire island down. Consider last summer with extreme heat and dryness. We also question the motives of this property owner. Is he looking to make a quick sale? He bought this property for $9,000 and pays just over $100 in taxes annually. As of February 18, 2022, City of Orono community Development director, Jeremy Barnhart had not received or seen any building permit request from the owner of 480 Big Island. *(1) Details on page 2. *(2) and *(3) Excerpts from email in response to Alice Reimann’s inquiries, dated 2/18/22 from Jeremy Barnhart. Council Exhibit F BI-6 *We have also noted that the 90’ ROW access point, with easier access, flat terrain and already developed for others, has not been applied for or surveyed. Why is this access point not being considered as well as others closer to the Thull site? On inspection 3/9/22 that 90’ access spot footnoted on page one (ROW) HAS NOT BEEN SURVEYED! Why Not? As earlier addressed, we were told ALL ROW’s were surveyed. Plenty of room there. While we are not interested in pitting neighbors against neighbors, has this access point been thoroughly vetted? Why not? Access is not easy to the 440-450 BI site being considered. The City of Orono will need to remove several beautiful cedar trees directly on the shoreline where this dock is proposed to go. That is really sad, and ultimately a great deal of further development will be required by The City. We, the Reimanns, were blindsided by letter dated 1/6/22 to move our dock for boating season 2022. Our access at this ROW has been in position for more than 100 years. This decision is precedent-setting. Has the City of Orono a plan to give access to the 14 other unimproved properties (according to Jeremy Barnhart) on the island? What is the plan here for the future? In conclusion: The City of Orono cannot be negligent on any of these points of record— *1) sanitation for this dock is not in check. The applicant has no sanitation. Sanitation requirements outlined in the city code for the lessee’s property must be followed. There is NOTHING in place. *2) fire safety for applicant and island residents is not in check. *3) City of Orono has no plan for future docks for further island development. *4) people who knowingly buy property on the island with no access should not be asking for the city to build them a dock, maintain a dock and put it in in the spring and remove it in the fall. There are costs associated with all of this. We know. We have bought our dock and pay for it’s annual “in” and “out”. It all adds up. *5) we do not believe all the ROW access points have been thoroughly considered. (90’) We are asking that more work be done to have a plan. We are asking for a deferred decision based on needing that plan. The request should be turned down at this time. We also ask for more *transparency moving forward. Again, we were not involved in the process of the “ interested parties to develop an agreeable solution” because we were told the ROW our property has used since early 1900’s was not being considered. Being blindsided from miscommunication is NOT ok. Sincerely, Alice and John Reimann, 440 Big Island * Top of the page. This transparency is a continuing issue for the City of Orono. Reference recent Star/Tribune article regarding Orono City Council and Long Lake Dayton property parkland gifted to the City. A resident was quoted as referring to Council action as “sneaky” . From:Gail Bollis To:Jeremy Barnhart Subject:Big island dock request comment Date:Thursday, March 10, 2022 2:12:07 PM Honorable Mayor Walsh and Council Members, We are property owners at 470 Big Island and would like to make a comment regarding the request for a dock license on the public right of way. We would like the city to consider installing adequate signage on this dock indicating the approved boat size/use consistent with the LMCD approved permit, as well as indicating the dock is only for private use by the License holder. Our concern is that this dock without adequate signage; would be inviting for the general public which was not the intent of use. Thank you for your consideration. Gail and Christopher Bollis Sent from my iPhone From:Jeff Hornig To:Jeremy Barnhart Cc:Olivia Hornig Subject:Big Island dock. Date:Thursday, March 10, 2022 4:30:25 PM Hello Jeremy, Olivia and I are not for this, don’t understand it, but support you and the city on any decision you make. Olivia and I’s company have been witness to over 30 years of decisions shaping the city of Orono. The city in my opinion is the best and strongest of them all that have access to the lake. Thank you for your work and responses. I think It would be cool to start talking about the future of big island and improvement of the roads/garbage from the past generations/landscaping of overgrowth and what we could do together to keep the island magic and provide options to the public. I will reach out to you in May to see if we could have informal talks about the city’s vision for a rapidly changing Big Island. Sincerely, JEFF HORNIG |Owner o 952-230-3165 Jeff.Hornig@Sothebysrealty.com C o u n c i l E x h i b i t G B I - 6 Unit price units Engineering/ surveying 12,000.00$ 1 12,000.00$ CDD staff hours 75.00$ 25 1,875.00$ Application fee 530.00$ 1 530.00$ Dock (20 feet, one BSU)3,500.00$ 1 3,500.00$ Dock approach/ site work 2,000.00$ 1 2,000.00$ Dock installation 500.00$ 15 7,500.00$ Dock storage 500.00$ 15 7,500.00$ Total cost 34,905.00$ Cost per year (15 years)2,327.00$ Dock license expense Council Exhibit I BI-6 March 10, 2022 To Whom It May Concern, We are summer residents on Big Island and our family has been on the island for over 100 years. The dock license for Joe Thull seems to be something that will happen no matter what is said by residents; however, as a resident of the island, and therefore a tax paying citizen, we do not feel that we should be paying for this dock in any way shape or form. The storage of the dock in the winter months on that cliff will be an issue due to the fact that we were told last year that we cannot store dockage materials in the winter on the right of way. Where will this dock material be stored when the Thull property is so far away? Or is the city going to store it somewhere, and at who’s expense as the license is only for one year? The solution to the inland properties with the City Dock with one parking space seems to be short sighted for having approximately 15 inner land bound lots. What happens when those other inner lots also want dockage from the city, where will it be placed and how many boats will be able to be parked at the public dock not located very conveniently to those inland lots These are just some thoughts. I know it is hard to reach the inland lots, they were purchased with the knowledge that they were land lots and not on the shoreline. Therefore, their taxes do not have shoreline and their property price was lower. Bottom line is they knew this before purchase. There should be a long-term solution to this issue so that each year the council is not trying to figure out which one land owner, who applies, to give this license to. Long ago there was a ferry boat that brought people to the island, I don’t think we need to go there again, but a solution does need to be found. On the main land if you own a property that does not have a shoreline, you don’t have a dock. On the island if you don’t have shoreline, you anchor and swim in. That is one solution to the inland lots. I am sure there are others that do not have the city involved each year for licensing. It would be good to get the Islanders to come up with a solution. It would also be great to give them more than one season, during covid, to come up with a solution. I would ask the council to table the request at this time and let the island neighbors work together for a solution. Elizabeth Adams 390 and 400 Big Island 612-850-7581 Item 18 Post packet comments From:Jeff Hornig To:Jeremy Barnhart Cc:Olivia Hornig Subject:Big Island dock. Date:Thursday, March 10, 2022 4:30:25 PM Hello Jeremy, Olivia and I are not for this, don’t understand it, but support you and the city on any decision you make. Olivia and I’s company have been witness to over 30 years of decisions shaping the city of Orono. The city in my opinion is the best and strongest of them all that have access to the lake. Thank you for your work and responses. I think It would be cool to start talking about the future of big island and improvement of the roads/garbage from the past generations/landscaping of overgrowth and what we could do together to keep the island magic and provide options to the public. I will reach out to you in May to see if we could have informal talks about the city’s vision for a rapidly changing Big Island. Sincerely, JEFF HORNIG |Owner o 952-230-3165 Jeff.Hornig@Sothebysrealty.com Exhibit A-Project Overview Map Exhibit B- Bid Tab City Of Orono 2022 Street Improvements Bid Date: 23 February 2021 Contractor Bid ASTECH Corp. $821,287.40 GMH Asphalt $826,348.90 Omann Contracting $834,820.34 T.A. Schifsky & Sons $848,883.89 Northwest Asphalt $878,421.12 Valley Paving $909,500.00 Bituminous Roadways $1,013,057.46 H:\ORNO\2022 New Projects\Fee Estimate - 2022 Streets Construction Services.docx February 23, 2022 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2022 Street Improvements – Construction Services Dear Adam: As requested, we have prepared a scope of services and estimated fee for the construction services associated with the 2022 Street Improvements Project. Scope of Services Public Coordination/Communications Bolton & Menk is committed to supporting the coordination requirements of this project with qualified staff and will proactively engage affected property owners and the general public with timely and accurate information via newsletters and website updates as desired by the City. Construction Staking and Observation Construction staking will be provided along with full time construction observation (45 hours per week for 15 weeks). Duties of the Construction Observer will include the following: • Attendance at the pre-construction meeting and all construction-related meetings • Serve as a liaison between the city and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Review of all materials testing • Maintenance of construction documentation • Communication with affected property owners, as necessary, to address their construction- related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre-construction meeting and weekly construction meetings • Review of shop drawings • Preparation of pay estimates • Contractor Communications • Liaison with City Staff and Council Record drawings detailing the completed improvements as recorded by the construction observer and the City of Orono’s contractor will be completed and furnished to the city in hard copy and electronic 2022 Streets February 23, 2022 Page 2 H:\ORNO\2022 New Projects\Fee Estimate - 2022 Streets Construction Services.docx format. Record plans will also be linked to the city mapping system and the City’s GIS system will be updated. Fee Estimate Based on the scope of services described above, we propose a not-to-exceed of $123,000 to be billed on an hourly basis. Additional services that may be required after the contract substantial completion date for the project will be billed on an hourly basis. A separate proposal for materials testing services will be submitted to the city for review. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer Rob Notes for Orono City Council Meeting--March 14, 2022 I’m Rob Berrell, 2740 White Oak Circle in Orono. My family have been Orono residents for 19 years and have been associated with LLRC in many different capacities for the past 7 years. First of all, I’d like the thanks Orono Parks, Planning, Council and City Staff for your time, energy and willingness to explore the idea of a community rowing center at Summit Park. Long Lake Rowing Crew sought a public-private partnership to construct a community rowing center at Summit Park, Orono, MN. It’s a property we didn’t even consider until an outgoing city council member suggested that the Orono Park Commission and Council were looking at the park for some much-needed improvements and might like a partner to get it done. We proposed a self-funded public amenity to our community and users of Summit Park. We offered the city something they wouldn’t have to pay for and we asked for a place to put it. In addition, our organization paid for all the planning work and documents—financed through the sale of some of our equipment and through fundraising efforts over the past several years. LLRC was an applicant asking for permission. On March 1, 2022, the Long Lake Rowing Crew board of directors voted unanimously to withdraw our application for a public-private partnership with the City of Orono and our proposal for a permanent home at Summit Park. Since our organization was founded in 2014, a primary goal has been to create a permanent home on Long Lake to ensure our long-term viability in the Orono and Long Lake communities. For the last 5 years, we have run down countless potential locations, including undeveloped lots, private homes, Nelson Park, and we even pursued adding to the site at Birch’s. The city of Long Lake has closed the door on the Nelson Park and Birch’s options: The area of the park that could potentially support a structure is now part of the park’s Frisbee golf course and is adjacent to several storm runoff ponds. Nelson Park is a LAWCON natural area subject to permanent land use grant requirements through grant contracts administered by the MN DNR. And the City of Long Lake was reluctant to even let us add an additional boat storage rack on the Birch’s property, nor could we modify our existing racks with protective roofs over our boats, sighting city ordinances that limit boat storage and outbuildings on lakeshore property. Residential properties on the lake are completely out of our price range, and as a nonprofit, taking on that kind of debt would be fiscally irresponsible. Some of our goals for a permanent home include: 1) To enhance our community outreach and invite the community into our programming. 2) Safe and secure storage of our rowing equipment 3) Create a facility that could be used for indoor training. 4) Continue to be a valuable resource to the greater Orono & Long Lake Communities 5) To continue to build leadership among our youth and adult rowers through involvement with our community. We took the feedback we received from the Park Commission and City Council on what other elements LLRC could include for the greater community as part of this project. During these public meetings, a number of residents indicated a desire to help LLRC find alternative locations to Summit Park and to work with us to brainstorm other options. Lots of people said, “We don’t like this project but we definitely support Long Lake Rowing,” and “We have thought about rowing with them,” or “We want our kids to row someday.” We were very encouraged by this because it indicated to us that the community is invested in keeping us on Long Lake. This is important to us because some people in this room have made it their mission to vilify and discredit us in the last few months. Our board, our leadership, our rowers, and our families take our role as a community organization very seriously. And at the end of the day, we still were only asking what was possible and we were encouraged by the city to go through the process to find out. We invited members of the community to join us to brainstorm alternatives and encouraged anyone who felt strongly about it to reach out to me personally or through the LLRC website. We were encouraged by multiple promises from residents, like this one: “the community isn’t against the LLRC. I would be happy to support and attend meetings so the community can better understand what the current hardships are for the LLRC to find solutions that are in the communities and the LLRC's interest. I am 100% committing to you that I help you find that solution that meets the LLRCs needs of finding a “permanent” home here in Orono.” Despite all of these promises of engagement, we received no helpful support. We even made some inquiries, yet nobody was at all interested in helping to come up with alternatives. So based on feedback from Parks and Council, we incorporated a host of public amenities in the community boathouse plans, which would be open to all: • permanent public bathroom • outdoor shower • drinking fountains for people and pets • access to a lakeside observation deck • sheltered space outside for personal kayaks/SUPs/canoes • access to the LLRC launching dock for personal kayaks/canoes/SUPs (non-motorized watercraft) • bike rack • a community accessible conference room for use by organizations needing space for meetings, etc. (As a community group without a physical home, we recognize how important meeting space is.) • indoor rowing/fitness classes through our partnership with Orono Community Education • potential for additional on-the-water Learn to Row Classes with Orono Community Education • Community Rowing Center open houses 1 day/month for rowing demo/erg demo • Potential for community events to be held in the upstairs rowing center space. (rowing machines are moveable and portable) • We were also open to assisting with whatever type of playground the Park Commission would like to build at Summit Park. We originally suggested and roughly designed a natural playscape as part of our original sketches. Neighborhood and Community Input Once our application was accepted the week of January 4th we secured meeting space and set a date and time to hold a meeting for neighbors and lakeshore residents. Long Lake Fire Department approved our use of one of the truck bays to hold a meeting, but because of COVID indicated it couldn’t be a big public meeting. I reached out to park neighbor Mike Feldman (Mike and I have had a cordial and respectful working relationship in the past in his role as a member of the Friends of Summit Park group). Mike indicated we wouldn’t get much of a turnout due to kids in winter sports, snowbirds not in town, and of course Covid concerns. Based on this feedback from Mike and his lack of enthusiasm for such a meeting, the decision was made to postpone until after Planning Commission reviewed the application. Mike had cc’d another resident suggesting I follow up with him because he had a larger community outreach net that would be helpful as we contacted neighbors because Mike wasn’t as involved in the project opposition group now that he is serving as a Long Lake City Council member. He also suggested we just email our entire application packet and let this other resident distribute it. I responded, introduced myself to this person, and respectfully declined to forward all of our plans and information before it was made public by the city. This resident is not an LLRC spokesperson nor is he a representative, so it’s unreasonable to suggest we’d agree to let him represent us in something so important. We have always tried to engage the public in in- person meetings, present any plans or materials, and have a meaningful dialog about it. We did this pre-Covid during 2 meetings for lakeshore residents at the fire station, 2 Park Commission meetings and 1 City Council meeting, and countless individual meetings in person and on the phone. The response I received was an unnecessarily rude, personal rebuke that questioned my integrity, my leadership, and the ethics of LLRC’s leadership and suggested we were taking a back door route around proper legal channels. Despite this, I offered to talk or meet with him, but he has never agreed to a meeting or even a phone call from anyone at LLRC. Then Mike introduced me via email to another resident who was very active on community social media in the run-up to the January 18th Orono Planning Commission Meeting. Our club director Amy Johnson and I set up a Zoom call on Friday, January 14th, we spoke for about 45 minutes, parts of it were productive and we thanked him for his point of view and suggestions. The next day he was back on social media and misrepresented our discussions on a number of topics, including the public’s access to our upstairs training space. Despite indicating that our rowing machine room could be made available, the resident falsely reported that LLRC had no plans to let anyone outside of the team use the space. If he was expecting that we would have left the building unlocked and our fleet unprotected, he hasn’t been listening. All this is to say that when it comes to engaging the community on this project, we have always welcomed it. While attendance at our meetings with lakeshore residents was lackluster and somewhat disappointing, we found the opportunity to engage with residents to hear their concerns and ideas to be absolutely valuable. The public hearings at the Park Commission and City Council meetings also yielded a great deal of useful feedback that informed the design of our building. We were very happy to have met and talked with dozens of residents who preferred to get the correct information rather than take their chances with the innuendos and half-truths being debated on social media. We want to correct some misinformation on a few topics for the record because it’s been our experience since we set out on this path that when people are misled, some feel inclined to take matters into their own hands out on the lake. Our kids are on that lake as well as our adult rowers, so as an organization, we have a responsibility to make their safety a priority. First, regarding the Dayton Family Letter and the Land Easement Document: Before preparing for our first presentation to City Council and then again before starting work on our CUP application, LLRC confirmed with the City that there were no conditions tied to the Summit Park land donated by Mr. Bruce Dayton. The city again verified this in January when an open space easement document from November 1979 was being touted as proof there should be no buildings built on Summit Park land. There are 2 surveys on record to confirm that this open space easement document in fact describes an entirely different parcel of land. Upon the release of Mr. Brandt Dayton's letter on behalf of his family, 2 hours before the January 18th Planning Commission meeting, the LLRC Board of directors voted to table our application immediately out of respect for the Dayton family. This letter was not shared with LLRC—we only discovered it on social media at 4:00 pm on January 18th. After what we understood had been a thorough search of City records, LLRC, until that point, was assured there we no documents giving direction by Mr. Bruce Dayton about how Summit Park was to be used, or not used for that matter. It was never LLRC's intent to defy any recorded instructions about how the City of Orono was to use Summit Park, or to in any way usurp the vision of Mr. Bruce Dayton. LLRC has its own history with the Dayton family. Organized rowing on Long Lake likely started because of a simple invitation by Mr. Bruce Dayton back in 2008. Our assistant coach, Sandi McCarthy, was a personal trainer at the Marsh, and Mr. Dayton was regularly onsite because his wife was an owner. Sandi also was a volunteer who conducted Woodrill hikes on his property. At a reception at his home, he suggested that Coach Sandi bring her indoor rowing clients to Long Lake for real on-the-water instruction. These were the first private rowing lessons on Long Lake. Before that, Mr. Mark Dayton bought the boat Sandi rowed for the 2000 Olympic Trials. This boat, named the Sandiego, is still being rowed competitively in Minnesota. In 2009, Mark Dayton also became a client of Coach Sandi. Around 2014, the late James Dayton, an architect, and Long Lake shoreline resident, designed a spectacular boathouse for Long Lake Rowing Crew, intended to replace the old Billy’s Lighthouse before it became Birch’s. Unfortunately, as a brand new organization, still trying to establish itself and secure a fleet, LLRC was not in a financial position to buy the lot and build. We feel it was right to table our application at the time, regardless of what anyone who has spent the recent past vilifying us thinks. We were hoping for some direction and clarification from the city as well. An hour before the January 18th Planning Commission meeting, and on the heels of the Dayton letter, a credible threat of violence was made against our organization and its rowers. In light of the fact that some lake users have routinely harassed our kids and adults on the water, the decision was made to pull all the speakers we had lined up for the evening—the adults, community people, residents, and especially the youth—and not expose them to a rapidly deteriorating environment. We’re glad we did it. Here are some corrections to some statements made on social media about LLRC: • We are not a commercial organization. • We are not a private club. • We are a non-profit, volunteer-driven 501(c)(3). • We don’t have deep pockets, as has been suggested. I mentioned that in order to fund the design process and pay the application fees, we had to sell some equipment and fundraise. • Mayor Walsh and I are not buddies, although I have enjoyed getting to know him at LLRC’s Mayor’s Challenge Race during Birch’s Fall Fest in years past. I would row with him any time. • We have one full-time coach, 5 part-time coaches, and a part-time director. These are paid positions. Outside of coaching and the day- to-day administrative duties, volunteers do everything that gets accomplished at LLRC. Everything. • Anyone can row with LLRC, it's not a closed group, there is no application process; we are NOT like a country club; there is no screening to see if you qualify. No tryouts. Just come with a willingness to learn. Over the past several years, more than 400 people in the community have learned to row with LLRC. We charge a user fee, just like when you participate in ski lessons or a ski team at Three Rivers Parks. People can use the park, but if they want a lesson, or want to rent a kayak at Three Rivers Parks, they pay a fee. If you want to ski on the trails at any Three Rivers Parks, you pay a fee. The Orono Community Center is a publicly funded amenity through our tax dollars, and we all pay to access the space, take a class or rent a room for a meeting. • We do not operate at Birch’s for free. We pay rent. • We do not have full, unfettered access to the Birch’s parking lot. We have 15 spots up against the fence we are permitted access to during the day. We are not permitted to park anywhere in the Birch’s lot after 6:00 pm, which means we have had to find other accommodations for our adult rowing program which meets from 6:30-8:00 pm (or before sundown) on Monday and Wednesday nights. Our adult Community Ed learn-to-row participants are also prohibited from parking in the Birch’s lot on Tuesday evenings. • Just like other sports organizations in town, people pay a fee to participate in our programming. Our program fees are comparable to those of other travel sports teams. They cover our staff salaries, our rent, our ongoing equipment replacement costs and upkeep, gas for our safety launches, and insurance for our boat trailer and our fleet. We pay a decent amount for insurance. If baseball bats and hockey sticks were valued at $4-$20K, program fees in those sports would likely reflect that. • Our outdoor-exposed boats and other equipment are subjected to significant wear and tear. And while exposed storage during the rowing season is hard enough on the equipment, outdoor storage during the Minnesota winters is untenable given the replacement costs. • We offer financial aid so there are no barriers to participating in rowing. If you need assistance, we encourage you to apply to the scholarship program we started. Details are on our website. • Long Lake Fire Department has been gracious enough to let LLRC conduct indoor winter training in their building. They are great partners and have been a huge help when we couldn’t find affordable space. However, that was before COVID. We haven’t had indoor training in 2 years because keeping our first responders safe is critical, so we’ve stayed out of the firehouse. And with other restrictions, we have held no indoor training this winter, putting us 3 months behind. This is another critical piece for our teams, so any facility we would construct must have space for our winter training and our 15 rowing machines. Popular claims on social media: First of all, it’s clear there are some in the community who have an axe to grind with the City of Orono. Your grievances are your own. LLRC will not be a part of any agenda or dialog that citizens or groups of citizens have with the city on other issues. We do not appreciate our organization or our proposal being used as a wedge in that regard. We are taking over the swim beach Our operations —the launching and docking of boats—WOULD NOT HAVE HAD ANY IMPACT THE BEACH IN ANY WAY! We understood from the outset that the beach was OFF LIMITS and we respected that by orienting the building away from the swim area and moving our docks to the north side of the building. I will say it one more time: the beach was never going to be used for nor impacted by LLRC operations. We are taking over the Lake We have never made the request that motorized boats stay off the lake during our practices, a claim made by a resident on social media. That is a complete and utter fabrication. Rowers easily share the lake with all types of watercraft. Rowers play very well with others. This is a request we would never make. What we did request at the last Council meeting we attended, was that residents and lake users refrain from harassing our rowers and weaponizing their watercraft. This has been an ongoing problem. After recent meetings with the police chiefs of Orono and Wayzata, and with the Hennepin County Water Patrol lieutenant, we have adopted new protocols in the interest of our safety. Any future incidents will be reported to and addressed by law enforcement. 99% of our program time is LLRC, 1% devoted to the community On a weekly basis: LLRC adults: 7.5 hours LLRC Juniors: 15 hours Community Ed for kids: 6 hours Community Ed for adults: 1.5 hours (because we are not permitted to hold programming on Thursday evening, only Tuesday evening) 22.5 hours per week of LLRC programming that anyone can join and 7.5 hours of Community Ed time In fact, a total of 33% of our programming is currently devoted to the community. This does not include individual lessons, which are also open to the community. We are taking over the parking lot We spent 2 weeks at Summit Park during the height of the summer doing a usage study. We monitored cars and park users during the times that our rowing programs took place. Data indicated that there would have been plenty of parking for everyone in the lot during LLRC practices. I believe that information has been shared with the Park Commission. We are taking over the park We were encouraged by the city to pursue this process. We were not the ones who came up with Summit Park as an option, so that indicates to us that we are not the only ones who believe we could have all shared the park together. The data from our park usage tracking reflects this. For anyone who just cherry-picked the information in our application and ignored the list of rowing organizations in our state that share space in public parks, you should take a closer look. In our state, and across the country, these partnerships are well established and mutually beneficial, that’s why LLRC pursued it. We don’t need that much boat storage Making a call to an outside source or posting pictures of other boathouses to make a case that we aren’t being truthful about why indoor storage is so important for a rowing fleet doesn’t make anyone an expert about OUR fleet. Perhaps if people had called LLRC to ask those questions, they would have gathered the truth. We’ve been inside the boathouses some of you posted about and shared only the part of the story that fit your argument. I could tell you all about how our boats are part of the legacy of our team and of the families who donated and named them. One of our shells came from the Canadian Olympic team and raced in the Beijing Olympics. Some boats were purchased by the founding families of this organization. Shells are named for family members and important people; they have meaning and value in addition to their monetary worth. We hold our breath when there are storms knowing there will be many repairs to make. We deal with theft and damage by people who have no business messing with our equipment. A rower even had to stop some kids who were throwing rocks from the Birch’s parking lot down onto our boats. So when you factor in all the risks and the fact that ordinances prevent us from adding roofs to our storage racks at our current site, you start to understand the real picture. That’s why the lower floor of our building was designed to accommodate all sizes of rowing shells: An 8 is 62 ft A quad is 44 ft A pair is 34 ft A single scull is 27 ft Of course to be cost efficient, we only own and maintain the quantity and types of boats we need for the number of rowers and their physical diversity. The building design was only accommodating that number of boats with no growth expansion. We were duplicating what the Park Commission already planned to do, so we are falsely stating that LLRC will be providing these public amenities These plans have been shared with some of the current Park Commission members and received a positive response. This demonstrates to us that our goals line up. No member of the public will be allowed to use our upstairs training room False. We would have offered indoor rowing fitness classes via our current partnership with Orono Community Ed and we welcomed the opportunity for other programming based on suggestions from members of the community. We lack transparency Again, we offered to host a meeting, but we were discouraged from doing so. We have nothing to hide. Nothing about our operations, our leadership, our staff, or our programming would suggest otherwise. Anyone who suggests that we are hiding something is likely uninformed and/or being malicious. We haven’t reached out for feedback in 2 years To the extent it was possible during a pandemic, we met with park commissioners, and neighbors. We had hoped to hear from those of you who so enthusiastically pledged to share your ideas. We haven’t even been able to hold indoor practices for the last two years, let alone meetings with residents. Normally our winter training would have opened up in January. We are now 3 months behind. We are bound by the COVID protocols of those who lend us their space for our meetings. We only began a revision of our building plans in early November because we had to fundraise to pay for those revisions. The plan wasn’t even finalized until the morning we submitted the application. We can’t apologize for the timing or for the restrictions of Covid. We are a volunteer organization and we did our best with the resources available to us at the time. And finally, we are operating in the “dark shadows of local government bureaucracy,” whatever that means. Look, we’re not going to have people who don’t know us and don’t know rowing design our building for us. We did, however, welcome all ideas about other elements that the public believed would benefit them. I will say again that we were just an applicant asking for permission to explore what is possible, and we were committed to following the City’s process until we got an answer, which we never received. LLRC will continue to pursue all possibilities for a permanent home on Long Lake. We welcome anyone that has ideas or willing to help to reach out to us. In the meantime, we encourage anyone in the community to give rowing a try this summer. Thank you again for your time.