The URL can be used to link to this page

Home My WebLink About09-11-2023 Council PacketAgenda Council Meeting Monday, September 11, 2023 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.oronomn.gov Sign up for email notifications at www.oronomn.gov Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of August 14, 2023 2. City Council Meeting Minutes of August 28, 2023 3. City Council Work Session Minutes of August 28, 2023 4. Claims/Bills 5. Appointment of Seasonal Employees V6 6. Approval of Next Work Session Agenda 7. Tonkawa-Partenwood Forcemain Replacement (22-021)- Change Order 1 8. LA23-000024, Sarah & Kevin Revering, 1960 Fox Ridge Road, Variance – Resolution No. 7396 9. LA23-000038, Jack Evans JOAT Inc., o/b/o John “Jack” Weist, 1920 Concordia Street, Variance – Resolution No. 7397 10. Assignment of Development Agreement – Crystal Bay Business Center 11. LA23-000040, Swanson Homes, 3017 North Shore Drive - Final Plat Swan Beach – Resolution No. 7401 12. LA23-000030, Ryan Ortlip, 4685 West Branch Road, Rezoning – Resolution No. 7398 and Ordinance No. 283, Third Series 13. LA23-000037, Gavin Tempero, 3260 Bohns Point Lane, Variance – Resolution No.7399 14. LA23-000039, 1380 Rest Point Drive – Variances – Resolution No. 7400 Presentation 15. Prosecuting Attorney Annual Update Community Development Report 16. LA23-000042 – 4731 North Shore Drive – Variance Finance Report Fire Report City Attorney Report City Administrator/Engineer Report 17. Approval of Prosecuting Attorney Extension Council Committee Reports 18. Fire Negotiating Committee Public Comments – (Limit 3 Minutes per Person) Agenda Council Meeting Monday, September 11, 2023 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.oronomn.gov Sign up for email notifications at www.oronomn.gov This is an opportunity for the public to address the City Council. 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. The council will first open the podium to City of Orono residents before opening the podium to any member of the public wishing to address the council. Mayor/Council Report Adjournment Upcoming Events 2023 09/18 Planning Commission Meeting, 6:00 p.m. 09/25 Council Work Session, 5:00 p.m. 09/25 Council Meeting, 6:00 p.m. 10/09 Council Work Session, 5:00 p.m. 10/09 Council Meeting, 6:00 p.m. 10/16 Planning Commission Meeting, 6:00 p.m. 10/23 Council Work Session, 5:00 p.m. 10/23 Council Meeting, 6:00 p.m. 11/06 Park Commission Meeting, 6:00 p.m. 11/10 City Offices Closed 11/13 Council Work Session, 5:00 p.m. 11/13 Council Meeting, 6:00 p.m. 11/20 Planning Commission Meeting, 6:00 p.m. 11/23 City Offices Closed 11/24 City Offices Closed 11/27 Council Work Session, 5:00 p.m. 11/27 Council Meeting, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING August 14, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 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, Alisa Benson, Richard Crosby III, and Maria Veach. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Community Development Director Laura Oakden, and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA The agenda was approved by consensus. CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JULY 24, 2023 2. COUNCIL WORK SESSION MINUTES OF JULY 24, 2023 3. CLAIMS/BILLS 4. APPROVAL TO HIRE ALICIA JOHNSON – RESOURCE MANAGEMENT TECHNICIAN 5. APPROVAL OF RENTAL LICENSES 6. APPROVAL OF ANNUAL GUN CLUB PERMIT 7. APPROVAL TO ACCEPT DONATION – RESIDENTS OF PELICAN POINT (MOUND) -- RESOLUTION NO. 7389 8. APPROVAL TO ACCEPT DNATION – MINNETONKA BEACH CIVIC ASSOCIATION – RESOLUTION NO. 7390 9. AUTHOIRZATION TO ACCEPT JULIA KNAPEK RESIGNATION 10. APPROVAL TO AMEND WAGE SCALE FOR JAMES NELSON – UTILITY WORKER 11. LIQUOR LICENSE VIOLATION – ORONO GOLF COURSE 12. APPROVAL OF 2023 BRIDGE FLOOD SEALING 13. LA23-000032, PAUL SKOOG, 250 TONKA AVENUE, VARIANCE – RESOLUTION NO. 7392 14. LA22-000068, MARK AND LISA THOSTENSON, 2815 CASCO POINT ROAD, ATF VARIANCES – RESOLUTION 7387 15. LA23-000033, EDWIN AND TRACEY STEPHENSON, 559 PARK LANE, AVERAGE LAKESHORE SETBACK VARIANCE – RESOLUTION NO. 7393 MINUTES OF THE ORONO CITY COUNCIL MEETING August 14, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 18. NEXT WORK SESSION DRAFT AGENDA This item was added to the consent agenda by consensus of the Council. Crosby moved, Johnson seconded, to approve the Consent Agenda as submitted with the addition of Item 18. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT REPORT 16. LA23-000034, MATTHEW AND SUSANNE JOHNSON, 1015 WILDHURST TRAIL, FINAL PLAT OF “WILDHURST FOREST” – RESOLUTION 7388 City Planner Curtis said she did not have a presentation this evening as the applicants have met all the preliminary plat conditions and the staff recommends approval. It was not on the Consent Agenda, she said, because the applicant, Councilmember Johnson, needed to recuse himself. Councilmembers said any questions they had were answered at a previous meeting. Crosby moved, Veach seconded, to approve LA23-000034, 1015 Wildhurst Trail, Final Plat. VOTE: Ayes 4, Nays 0, Abstain 1 (Johnson). Community Development Director Oakden reported building permit revenue is slightly ahead of the same period in 2022. That means the department is busy processing those permits and doing those inspections, she said. There were also eight or nine land use applications submitted in the last month. FINANCE DIRECTOR REPORT 17. SECOND QUARTER FINANCIAL REPORT Finance Director Olson gave a presentation on the second quarter financial report, with slides covering revenues, expenses and investments. He said revenues are at 58.6 percent of budget. Highlighting a few areas, licenses and permits are at 68 percent and charges for service at 77 percent, he said, noting most of those funds have been received for the year. Golf course revenue is at 51 percent. Olson said the golf course had another record month in July which is not shown yet. Compared to the last four years revenues are still following the familiar trend. In terms of expenditures, Mayor and Council is at 60% of budget and will probably end up over budget due to higher than budgeted training. On legal services, the City is trending a little over budget and that has to do with lawsuits against the City. Olson said Central Services will need to be watched closely as it includes gas and electricity and this past year was a long, cold winter heading into a very warm summer. Fire Protection is at 70 percent and will be over budget. That is due in a large part to a $46,000 overage billed by the City of Long Lake last year and costs involved in setting up the Orono department. It won’t be a huge amount over, he said – perhaps $3,000 to $6,000. Engineering is already over budget because of spending more money on GIS than budgeted. It is expensive in the short term but will be much more efficient in the long run, he said, and better able to provide data to citizens. In general, the City will still be on target for expenditures for the year. Regarding investments, the City’s inactive funds are all invested in CDs, or some government bonds. The City currently has $15.7 million invested. MINUTES OF THE ORONO CITY COUNCIL MEETING August 14, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 Benson asked about the $46,000 bill for overage from Long Lake Fire last year. Olson said it was unexpected and the bill was received in April but was related to the 2022 budget. The reason for the overage was increased calls. CITY ADMINISTRATOR/ENGINEER REPORT 18. NEXT WORK SESSION DRAFT AGENDA This item was added to the Consent Agenda PUBLIC COMMENTS Nancy Brantingham, 3185 County Road 6, said the Mayor has made it clear he doesn’t feel he needs any more input on the fire department. She asked why the Fire Department Advisory Board report is after public comments on the agenda and stated that the Council has lost a lot of trust in the community around the fire department issue. She said she found the placement of the advisory board report a puzzling choice when the Council could be working to help people understand how and why the community got to this point. Janie Delaney, 1315 Woodhill Avenue, said the League of Minnesota Cities has recommended that cities review policies and ordinances on managing natural and native landscaping and asked if there has been any discussion about that. She also asked if Orono has considered joining the GreenStep City program that includes 29 basic steps for cities to follow for conservation, climate change plantings and green buildings, adding she would like to see the City consider that. Kelly Grady, 271 Greenhill Lane, said she has spoken to the Council previously about the fire department and that moving public comments around on the agenda comes off as shifty and doesn't really allow the public to participate in an open dialogue with the Council if everything is being discussed before after public comments. She said there is a still a fundamental lack of understanding about what fire service problems are trying to be solved with a new fire department and she would like the Council to elaborate. In 2023, according to Grady, the Long Lake Fire Department responded to 311 calls in Orono, which has a population of roughly 8,000 people. By comparison, the City of Plymouth, which has a population of 80,000 people, has a similar Duty Crew and paid on call structure that the Orono Council just pushed through. Plymouth has about 2,300 calls per year so she wondered how Orono can justify a need of a similarly structured and sized department for the call volume that's coming through. She pointed out that in September of 2022 the Orono City Council approved roughly a $543,000 or $544,000 budget for operating costs, but a $0 capital improvements budget for 2023 fire service. She said she would like to understand how the City is going to manage and create a department that will be run very similarly to the way that it is run now and not increase taxes. She called for a detailed budget for the new department, saying that what has been presented so far is not complete. She added the City is under an injunction against attempting to recruit Long Lake fire fighters and yet this seems to still be happening. Chelsea Wetrick, Independence, said she would like to remind Crosby he works for the people, not himself. She said it is untrue that he is attacked on a constant basis or that he appreciates opposing MINUTES OF THE ORONO CITY COUNCIL MEETING August 14, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 comments. He has said he won’t respond to insults or craziness, she said, but it is not an insult when he is being asked to clarify their questions. She said in October, Crosby stated he was not a member of the Proud Boys. That was the only meeting he attended in October, according to Wetrick, and he talked about going door knocking with Eddie Rice. She said if he really wants to work something out they can chat after the meeting. Brad Erickson 2485 Independence Road, Independence, mentioned that he is one of the people who has a lawsuit against the City and the Mayor and certain Council Members. He said all the Mayor would have to do is apologize and he would forgive him. He said he brought the Mayor a copy of the Diary of Ann Frank as a gift, adding this 14-year-old girl lived a half hour away from his grandparents and was taken from her hiding place and murdered by the Nazis. Now the Mayor has tried to bring this into the Council chamber and this community, he said, adding that this is not going to go away and it’s not going to stop. Erickson said it doesn’t matter where he lives, he is down there front and center every day in a godforsaken town that's run by idiots and imbeciles. He added the Mayor and Crosby are lucky they live in a civilized society but like Trump, who has also started comparing the charges against him to the holocaust, they will not be reelected. Claire Barrett, 1085 Brown Road South, said residents of Orono have been putting up with this far too long. She cited a definition of disorderly conduct and said that has been happening over many, many Council meetings. Barrett said she is all for public discourse, agreeing to disagree and civil conduct. What happens here is not civil conduct, she said. It's abusive to the process. It's abusive to the elected officials, to the City staff and to anyone else in the room. She said she would continue to attend Council meetings but if the two non-residents who come up and participate in disorderly conduct come back she will leave the meeting in order to deprive them of their audience and she encouraged others to do the same. She said she continues to be proud of Orono’s elected officials and appointed officials and City employees. COUNCIL COMMITTEE REPORTS 19. LLFD ADVISORY BOARD Veach reported on a recent meeting of the Fire Department Advisory Board. She said the Long Lake Fire Department was not represented as the chief had a last-minute emergency, so there are no updates. There was some talk of duty crews but the other cities present agreed more information is needed before making a budget or talking any more about that subject. An amended budget was presented but it was felt they needed to wait until the Long Lake Chief can be present. There was information needed for the budget that could only be provided by Long Lake. Crosby said there was some discussion of the fact that Long Lake Fire Department salaries are beginning to fall short of the metro average. He is proposing, know that it still needs to be ironed out, an increase in the hourly pay to $15.65. The City of Long Lake was proposing $15.50 per hour. Crosby said pay isn’t the reason most fire fighters serve but that the department should be more competitive and consistent with surrounding departments. He called it a productive meeting. Benson asked about minutes of those meetings. City Administrator Edwards said the City receives them and they can be provided to the Council. MINUTES OF THE ORONO CITY COUNCIL MEETING August 14, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 20. POLICE COMMISSION Johnson said he wanted to start by endorsing the decision to add Council Committee reports to the agenda, noting for those wondering about placement that this was the first time for this addition. He and Benson are on this committee and attended the last meeting. Switching to topics of the recent police commission meeting, Johnson said there has been an increase in car thefts and people are urged not to leave their keys in their cars and even at home, to make sure their fobs are not close enough for thieves to be able to start cars and steal them. He said they also talked about the embedded social worker program. This was started as a trial program with the County where there is a social worker available as needed to help with some of the mental health issues which takes that away from the police and gives them a resource. He said it is important that this remains a County resource and that they continue to support it instead of pushing it back down to the cities. Hennepin County's getting a significant amount of taxes, he said, and this is a good way to provide service in exchange for those taxes. Johnson said in one year the police had referred 73 cases to the social workers so it is effective and necessary and the police are in support of it. He added the police department is committed to community outreach. One example his family experienced recently is that three of his nieces and nephews were stopped by the police while biking and the two who were wearing helmets received praise and ice cream certificates. He called it a great experience for the kids. There was also discussion of the changes in the legalization of marijuana. Lastly, he said, it was evident at the meeting that the cities in attendance are proud to be served by the Orono Police Department. Benson added her praise for the community engagement program and said it was great to see officers at events like National Night Out and the high school wellness fair. There was a report at the meeting that recruitment and retention of police continues to be a state-wide and national problem although Orono is still known to be a great place to work and currently only has one position to fill. The police also have a cadet program. MAYOR/COUNCIL REPORT Crosby said he recently was able to golf at Orono Orchards and enjoyed the facility. The fire advisory meeting went as well as could be expected without the chief present, he said. Benson said she had the privilege of attending several community events recently including the Fire Department Fun Run. She said it was very well-organized and she continues to be impressed by the commitment of the fire fighters to the community. She was also able to ride along with police for National Night Out or Night to Unite. She said some people approach her at these events to share a concern and almost apologetically say they don’t want to complain. She said her message is that she does not view any engagement or interaction with residents as complaints but rather an opportunity to connect, listen and understand, and she hopes people won’t hesitate to bring concerns to her. She said she heard a lot about the GreenStep Cities program at the League of Cities meeting in June and would welcome the opportunity to discuss that in the future. Johnson said the LMCD is working through the issue of being able to levy fines but it is unclear if their charter allows them to do that. He has noticed a lot of wildlife including deer and turkeys in the roads. MINUTES OF THE ORONO CITY COUNCIL MEETING August 14, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 6 There may be a possibility of working with Three Rivers Park District on population control if they become a hazard. Veach said her neighborhood hosted National Night Out a week late to accommodate a neighbor who can never attend on the usual night, and it was a great event. She was also able to help at the Corn Days event in Long Lake. Walsh said he was also out for National Night Out and hit about five locations with the Police Chief. One neighborhood had a musician and another had a food truck. He also attended Corn Days. The next Wednesday is Coffee with the Mayor. Orono was recently named the 17th safest city in Minnesota thanks to good policing and good community members, he said. He ended with two quotes from Elon Musk. ADJOURNMENT Walsh moved, Crosby seconded to adjourn the meeting at 7:11 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 15 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Alisa Benson, Richard Crosby III, and Maria Veach. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Community Development Director Laura Oakden, and Fire Chief James Van Eyll. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2023 This item was removed from the Consent Agenda 2. COUNCIL WORK SESSION MINUTES OF AUGUST 14, 2023 3. CLAIMS/BILLS 4. APPROVAL OF RENTAL LICENSE 5. BODY WORN CAMERAS AUDIT This item was removed from the Consent Agenda 6. WORK SESSION DRAFT AGENDA This item was removed from the Consent Agenda 7. AUTHORIZATION TO ACCEPT BEN THEISEN’S RESIGNATION 8. NORTH SHORE RAVINE STABILIZATION PROJECT (22-028) – PROJECT CLOSEOUT 9. WATERMAIN REPLACEMENT PROJECT (22-023) – PROJECT CLOSEOUT 10. OLD PUBLIC WORKS FACILITY REMODEL (23-044) – ARCHITECT CONTRACT This item was removed from the Consent Agenda 11. BULK WATER FILLING STATION This item was removed from the Consent Agenda 12. KENNETH & LINDA HOFFMANN, 1254 LOMA LINDA AVENUE – ENCROACHMENT AGREEMENT 13. LA23-000043 – JALIN DESIGN, LLC, O/B/O DALE & CYNTHIA WUNDERLICH, 2726 CAROLINE AVE, ALS VARIANCE – RESOLUTION NO. 7394 MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 15 Benson moved, Crosby seconded, to approve the Consent Agenda with items 1, 5, 6, 10 and 11 removed. VOTE: Ayes 5, Nays 0. PRESENTATION 14. EMBEDDED SOCIAL WORKER PROGRAM Chief Correy Farniok introduced Jen Withrow who is the embedded social worker serving Orono and six other communities and her supervisor, Lauren Royce. He said Orono has been in this program for 18 months and is committed to another two years. Royce gave a slide presentation explaining the program started in 2019 with four embedded social workers. Additional communities have joined and social workers have been added in some communities, so by the end of this year there will be 45 social workers. Behavior health calls, which include substance use, welfare checks, mental health and repeat callers, make up the bulk of the referrals. Once the social workers receive a referral from the police department they try to respond within one day. Communities benefit from a shared financing model between cities and Hennepin County. Communities use social workers where most beneficial and law enforcement where most beneficial. Social workers are able to get a hand-off from officers on their contacts with individuals. They also provide ongoing support with things like economics, housing and mental health and chemical health. In 2022 there were 6,910 referrals. Social workers were able to connect with 58 percent of those referred and made 4,851 service referrals. Over 50 percent of people they work with throughout Hennepin County identify as people of color, she said. They are piloting an Alternative Response Team in Brookly Park and respond either in lieu of law enforcement or if law enforcement is there and wants social worker support. They are also piloting an evening co- response program in Brookly Park. Withrow said she follows up on referrals. If they don’t respond to phone calls she will do a door knock. Calls are usually based on mental health, chemical health, homeless, elderly, and domestic. She has been doing the job for a year and a half. She serves seven cities which she said can be challenging because she can’t be in seven places at once. In response to Council questions, she reported she offices in Shorewood and covers from St. Bonifacius to Corcoran. A typical call may be a mental health call due to a suicide attempt or overdose, or for people who are starting to have dementia and making frequent police calls. If someone has a case manager, she simply the updates case manager rather than have a new person assigned on an on-going basis. She estimated 60 percent of her time is in the field and 40 percent in the office doing paperwork. She said she sees basically the same types of issues in Orono as in other cities for the most part with the possible exception of a higher level of financial exploitation cases in Orono. She said she would like to see more public education about the embedded social worker program. In knocking on doors there has been only one instance where she has needed a police officer to assist, she said. Police generally alert her in the referral if anyone has a history of violence. Police also give her cards to members of the public and alert them she may be calling. 1. CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2023 Benson said she asked to have this item pulled for a minor change. On Item 19 Crosby mentioned pay increase proposals for fire fighters. The minutes did not give specific dollar amounts and she recommended the dollar amounts should be included. MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 15 Crosby pointed out that if changes like this were submitted to staff in advance they could be made before the meeting. Benson moved, Johnson seconded, to table Item 1 to add the dollar amounts. VOTE: Ayes 5, Nays 0. 5. BODY WORN CAMERAS AUDIT Benson said she asked to have this pulled from the consent agenda because it is a new program and she thought it would be nice to hear about it from the Police Chief. She added she had asked the Chief ahead of time. Chief Farniok explained by legislative authority the City has to have an audit after the second year to make sure it met all the requirements. Over the course of the last two years body cameras have been in use auditors took between 45 and 50 samplings of calls to make sure the Orono PD is following policy and retaining data according to the retention schedule. They came back with their report and their audit and Orono PD passed in all areas, he said. Audits will need to be conducted every two years. The first year the cost was about $3,800 for the audit. In future years it will be about half that, he said. Benson moved, Crosby seconded, to approve the Body Worn Cameras Audit as presented. VOTE: Ayes 5, Nays 0. 6. WORK SESSION DRAFT AGENDA Benson said she pulled this because the City is in the budget cycle and the next work session the Council is scheduled to discuss the City’s preliminary levy. City Administrator Edwards said on Sept. 11 they would be going through the preliminary levy and general fund budget for 2024 and those items that will impact the levy in time for the Sept. 25 City Council meeting when the Council will be voting to adopt the preliminary levy. Benson clarified City Council work sessions are open to the public but are not public hearings. Benson moved, Veach seconded, to approve the Work Session Draft Agenda. VOTE: Ayes 5, Nays 0. 10. OLD PUBLIC WORKS FACILITY REMODEL (23-044) – ARCHITECT CONTRACT Benson said the consent agenda is for routine items that are not controversial or have previously been discussed. She said this is not a routine item and should be discussed. Edwards said he uses his best judgment based on experience or earlier Council guidance. He said this item was an outcome of direct Council guidance from the second meeting in July to go out for the contract. He said it is the right of any Council member to pull items off the consent agenda and that is why it is voted on at the beginning of the meeting. MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 15 Benson asked what temporary means with regard to this remodel and when could the temporary station be ready for occupancy. Edwards said he was looking at about one to three years and projected the facility would be useable by July 1, 2024. Benson asked about extra requirements for a building to be used as a fire station versus a public works or recreational facility and how the added expenditure would add value to City infrastructure if it was only going to be used temporarily. Edwards said there are extra requirements and that could involve extra expense but he could not be more specific and that is why the City is bringing in experts for the design. He said there are additional structural requirements but he was not sure how many would be applicable for a temporary use building. He said if there are specific things the City has to do just for a fire facility, that is what the experts will advise on, but there are items that would be needed for that building regardless of its future use. This item is asking for approval through the schematic design phase of the project, he said. The City sought a contract with a service provider that would give some flexibility. He agreed that there are unknowns for this facility for this use. He added it may be possible that the temporary facility is not needed if the City is successful in negotiating with Long Lake for use of the existing facilities. Veach she had reached out with many of the same questions and appreciated the answers. She noted the cost of the contract is up to $30,000 to get through the schematic phase and that is what they would be voting on. Johnson said he had a legal question for the City Attorney and asked if there is a legal reason this should not have been on the Consent Agenda. City Attorney Mattick said the consent agenda is a judgment call by the City Administrator and Edwards had explained it well. Johnson moved, Crosby seconded, to approve the Public Works Building architectural contract to schematic design. VOTE: Ayes 4, Nays 1 (Benson). 11. BULK WATER FILLING STATION Benson said again she would not consider this to be a routine agenda item and it does involve an expenditure. She would like to hear why this expenditure is necessary. Edwards said this item was originally intended for the City Engineer’s report. It is for a bulk water filling station at the new public works facility. He likened it to a gas station for water. Users can come up, enter a code and fill with water and it will either record the amount for City use or issue an invoice to a vendor for bulk water use. Currently this is done with fire hydrants, which leaves room for error or dishonesty and possible damage to the water system opening and closing hydrants, he said. The piping for this was stubbed in as part of the building but the valves and meters still need to be purchased. The vendor would be the prime contractor on the building using their subcontractor for plumbing. MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 15 Benson asked if this was planned as part of the building, why was this coming to the Council now. Edwards said it is not part of the bonding but would be paid for by the water enterprise fund. Benson asked if the impact on vendors drawing water when they are near a hydrant but now would have to come up to public works with perhaps more trips necessary had been looked at. Edwards said in most cases it would not have a significant impact, but it would affect vendors coming from the Navarre area. The typical use is by landscapers, and they may come daily but they draw a large amount of water at a time. The amount of traffic would only be about five vehicles on a busy day. He said it would also control hours of operations. Johnson moved, Crosby seconded, to approve the Bulk Water Filling Station. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT REPORT 15. RICK SCHIDEMAN, 4075 HIGHWOOD ROAD, ENCROACHMENT AGREEMENT Community Development Director Laura Oakden said the request involved an existing boathouse. At the March 13, 2023, meeting the property owner requested an encroachment agreement for a boathouse that crosses over the property line. A portion of the existing structure is located in an unimproved right-of- way. The owner hopes to obtain building permits for maintenance of the building like new siding and roofing, but because the building is not located fully within his property, the City cannot issue building permits for maintenance. At the March 13 Council meeting, Councilmember Johnson asked for clarity regarding the landscaping and accessibility of the site, she said. City staff met with the applicant in May to review the landscaping and improvements on the site. It appears that new arborvitae have been planted within the right-of-way. Public Works confirmed that they still have reasonable access to the City infrastructure around the landscaping. This lake access has not been identified for public access for recreation. Park Department Staff was also present at the meeting and noted that there is an existing lake access further along Highwood Road. The abutting neighbor on the other side of the lake access was granted permission to install a driveway in this right of way. Granting the encroachment agreement will allow the proper permits to be issued for maintenance of the existing structure. The City Engineer has reviewed the request and noted the current right-of-way is being used for utilities and has storm sewer and sanitary sewer infrastructure throughout. The current building does not appear to be in conflict with the existing utility infrastructure. Oakden said she had identified a list of conditions for the property owner and with those conditions, the staff recommends approval. The applicant, Rick Schideman, said the only landscaping that had been done was to replace existing landscaping that was there when they moved in. Johnson said this is a two-parter with one side being an encroachment agreement. He said he is supportive of making improvements as the applicants didn’t put the building there, but it is an improvement on City- owned property. He said he had received complaints that the property owners on both sides had added landscaping on City-owned property. He suggested the City put corner markers on their easements so abutting property owners understand the location of City easements that people are using as access. There have been other instances where the City had to make people remove improvements on City property, he said. He said he supports working with this applicant to get their maintenance plans approved, but also MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 15 thinks the Council needs to have the conversation about how the City is going to deal with people who are improving City land. If there are erosion issues residents should contact the City and say fix your erosion issues, he said. Walsh said he agrees with the idea of marking City property and easements and the City has been working on that, but hasn’t gotten to everything yet. He said he does not have a problem with people mowing those areas but the City can’t permit putting in improvements. Edwards said staff could bring to Council a report on lake access points for pedestrians. He said there are about 55 accesses. At least a third have no recreational value and are only used for utility easements, fire lanes or drainage. Parks has completed a recent project to mark 20 of these points that are used for recreation. In some cases, the property owners are required to maintain rights-of-way. Mowing, planting flowers or planting prairie grasses could be considered part of maintaining. The City has drawn a strict line on structures like retaining walls, dock sections or new buildings. It was suggested by Council members that the different kinds of easements could be marked in different ways. Johnson moved, Crosby seconded, to approve 4075 Highwood Road Encroachment Agreement as shown in Exhibit A. VOTE: Ayes 5, Nays 0. PARKS REPORT 16. APPROVAL OF HACKBERRY PARK MASTER PLAN Park Director Josh Lemons said the title of Hackberry Master Plan has caused some confusion and what is really being proposed at this time is a concept drawing which is liable to change. There are some things the City knows need to happen at this park, he said. In February, 2023, staff presented a recommendation to the Park Commission to begin the masterplan process. The City had been waiting for the home in the middle of the park to be demolished, he said. The Park Commission voted unanimously to make the recommendation to City Council. The Hackberry sub-committee hosted two separate listening sessions for the surrounding neighborhood and also met with some of the sports associations that use the park. That process is ongoing to gather useful information to help direct any future improvements. The sub- committee and staff worked with Bolton & Menk to develop a masterplan concept for the park, he said. The masterplan addresses the major issues that have been known for quite some time. Poor drainage has made the fields unusable during wet years and has also led to turf loss. Parking is another major need for the site, he said, explaining currently cars park straight in off of Willow Drive making it unsafe for vehicles when backing out onto a busy road. The masterplan would create a large parking lot which would provide a much safer experience for users of the park. The trees in the park are also stressed by four wet years followed by four years of drought. Staff is seeking approval of the concept plan in order to pursue additional funding sources for the project, continue community engagement, and to eventually move into a design phase, Lemons said. Walsh explained the City needs to approve a concept in order to pursue grants and design. The actual plan would still have to come before the Park Commission and the City Council. Jim Dillman, 225 Willow Drive, said the neighborhood had kind of panicked thinking the Council was approving a Master Plan tonight when there is another listening meeting set for Wednesday. He said he feels what is needed is to restore and preserve what is there. He gave some history on the park. For nearly 50 years Hackberry has been a park for younger kids, he said. He agreed parking is a problem but it’s not MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 15 so much the parking as how people park. He suggested the area along Willow should be paved and striped. The parking along Hackberry has not been a problem, based on his conversation with the police chief. He also said there could be a green parking lot off Elm Lane where there could be parking on stabilized grass. He said that would provide more parking than the proposed lot and solve the drainage problems. The character of the park is multi-use and pure fun. Neighbors feel the current proposal will destroy the character. Those are the only T-ball fields in Orono, he said. Walsh said the next meeting at Hackberry would be 4:30 p.m. Aug 30 in the picnic area to go over plans with the neighborhood. Janie Delaney, 1315 Woodhill Avenue, said she used to coach T-ball at that park. She said she cares about the parks as she lives near the Golf Course and she does not think the neighbors will be happy with a parking lot in the center of the park. She is concerned about the development of pocket parks with facilities as kids do still just get together to play ball. She pointed out the park is in the middle of an existing neighborhood. Veach said Lemons told her the park concept is for multi-age use. Lemons said the image doesn’t make it clear but the intent is to keep a T-ball field. He said the vote tonight was just to be able to move forward and apply for grants. In response to Council questions Edwards said the City has been addressing drainage at Hackberry as it could over time. It had been a fill area and some parts settled. This plan gives the City a template and a concept, he said, along with a cost. Depending on costs and funding the City can prioritize at that point. He said parks are reviewed as part of the Comprehensive Plan that is updated every 10 years. The last time was in 2017. The use of that park has changed, he said, and updates have not been made because it was known the park would be redone, so things like backstops are not in the best shape. He said the City sees grant opportunities pass it by because of not doing the homework to have something ready. It needs to have concept plans. Benson said her concern is not that the park doesn’t need improvements, but the order in which the process is happening. She said she does not have sufficient data from residents to understand what sorts of grants might be appropriate for this park. She added she is aware that the City doesn’t have enough money to improve the park without grants, so would be dependent on grant money and then perhaps certain interests in the community would fuel the process. Walsh said this is a beginning process. The City can’t get statistically significant data because it never gets a high enough level of participation from the community. This would move the process forward on a very basic level. An unidentified resident asked if grants for a given item locks the City into that item. Edwards said if things were moved around in a plan that is typically not a problem. If a grant is gotten for a soccer field, for example, there needs to be a soccer field. Crosby said when a park is dilapidated it is unused because it is dilapidated. When parks are improved they are used. He said it is not the vision of the Council to leave parks unimproved but the City will get additional input from the neighbors. MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 15 Johnson moved, Crosby seconded, to approve the Hackberry Park Master Plan. VOTE: Ayes 4, Nays 1 (Benson). ADDITIONAL COMMUNITY DEVELOPMENT ITEMS Oakden said land use applications continue to come in. The City is currently working with eight new applications. They have also been working through the text amendment on the retaining wall ordinance and that will come through the Council for public comments. They are getting a handful of complaints about routine items like mowing or vehicle storage because those pick up during the summer. RECESS & RECONVENE Mayor Walsh recessed the meeting at 8:04 p.m. The meeting was reconvened at 8:11 p.m. FIRE DEPARTMENT 17. AUTHORIZATION TO PURCHASE NEW BRUSH MEDICAL RESPONSE UTILITY Fire Chief Van Eyll said he would talk about all the fire-related items in one presentation and then take them one by one. He went over the history of the actions taken by the City Council regarding a fire department since fall of 2022. He said the next step would be to approve additional purchases in order to be able to start serving the Navarre area on July 1, 2024, and adopt an organizational chart. Future steps will be hiring fire fighters, purchasing personal protective gear and setting up a relief association and obtaining a fire ID from the State. Van Eyll said NFPA fire standards require a rescue pumper that is less than 15 years old and a reserve engine less than 10 years old for each station. Orono should have one ladder truck for the department and a tanker at each fire station and also a medical rescue and brush fire truck at each station. The Fire Department CIP shows the items the City owns outright and the items owned jointly with the Cities of Long Lake and Medina. Explaining the CIP chart, Van Eyll said for each year there is an equipment total and levy and grant figures with a total balance at the bottom. The balance at the end of 2023 would be $77,500 and at the end of 2024, $40,000. The numbers start getting better towards 2030, he said. Edwards said the CIP was designed to see how the City could outfit this fledgling fire department without the equipment co-owned with other cities and by spreading the cost over a number of years. The graph shows there is a way to fund this equipment, he said. Van Eyll also showed a chart of when equipment would be needed along with lead times to order. The first vehicle is needed for medical emergencies and brush fires and is the most used vehicle in the fleet. If the City does not buy one of these vehicles it would have to use a larger fire rescue pumper to respond which is harder to maneuver. The purchase cost would be $225,259 with a total cost with outfitting of $355,259 and funded through the Fire Capital Fund. The first rescue pumper would be a used pumper from 2017. Both rescue pumpers, the one owned by Orono and the one owned with Long Lake and Medina, are approximately 20 years old. The City would be able to take delivery on this vehicle by the end of the year. The truck would be coming from Missouri so some retrofitting for cold weather climates would be needed. The purchase price would be just under $485,000 with a total cost after outfitting of $726,255 and funded from the Fire Capital Fund. MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 15 Next would be a new rescue pumper, Van Eyll said. It would have a two-year delivery time so would be available by January, 2026. The purchase price would be $960,703 with the total cost after outfitting of $1,162,058. Failure to update the older vehicles in this category would result in increased maintenance costs and a failure to meet NFPA standards, he said. Again, the funds would come from the Fire Capital Fund. A Tanker/Tender is needed, Van Eyll said, since a majority of the City, especially in the Station 2 area, does not have hydrants. Failure to purchase this truck would mean having to call for mutual aid from other departments, he said, adding the tanker can also be used by the public works and parks departments. The purchase price would be $336,598 with a total cost after outfitting of $411,598. Funding would be through the Fire Capital Fund ($253,00) and the Sewer Capital Fund and the Storm Water Fund ($168,598). Edwards said Public Works has a similar tanker truck that was in the CIP to replace next year. Van Eyll also showed an organization chart for the new Orono Fire Department. Daytime duty crew would be housed at headquarters. The north station would be future as of Jan. 1, 2026. There would be approximately 18 paid-on-call fire fighters in 2024 out of Station 2 with about eight duty crew members. In 2026 there would be 14 duty crew and 36 paid-on-call fire fighters. The hiring timeline would be to start recruiting fire fighters in 2023. The department will start hiring in September. Key leadership roles need to be hired and the role of training chief would be hired early on. Next would be a fire fighter admin technician. The training chief could be paid-on-call or part-time 30 hours per week training and supervising duty crews. Walsh said this is what the Council had told Van Eyll to do to get the service going by July of 2024. Veach asked if Van Eyll was saying that even if Orono got some of the trucks the City owns back would they still want to replace them. She also asked about posted positions. Van Eyll said by the time Orono could get them back from the City of Long Lake it would be 2026 and they would be close to needing replacement. The ladder truck and the duty officer vehicle had been offered to Long Lake and were refused. They do currently have an Orono vehicle as their duty officer vehicle. Fire fighter positions are currently posted and the next to be posted would be the training officer. Benson asked about the Station 2 service area that is to go to the Orono Fire Department July 1, 2024 out of the Navarre Fire Station. Van Eyll said the City is broken up into CAD (Computer Aided Dispatch) zones and that station has two. She asked for a picture of what it will look like for that area on July 1, 2024 if a call comes in. Benson also asked a number of questions clarifying costs, types of vehicles and their uses and capabilities, delivery timelines and payment schedules. Van Eyll said if it was a daytime call there would be four individuals, including himself, that would be on duty. If it’s a larger incident such as a house fire, they would call out the paid-on-call fire fighters to respond and possibly also call for aid. He won’t be able to answer some questions until the conclusion of mediation in September, he said. In areas of the City without hydrants the tanker is used to fill and carry MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 15 water. One vehicle is not enough for a house fire but just as they do now in the non-hydrant areas, they would call for mutual aid. About 70 percent of the community does not have hydrants. He said tankers do not always have a pump but having a pump on this vehicle would make it more useable for the other City departments. Orono did not look at a used tanker/tender because they wanted it to be useable for other departments and have a longer life. Benson said these are coming out of the Fire Capital Fund and the balance is currently $77,000. She asked if these costs would come out in 2025 or 2026. She cited the most recent Long Lake purchase of a similar brush medical truck for just over $200,000 and an engine for $100,000. She noted the brush medical rig in this list had been proposed by Van Eyll in 2022 when he was the Long Lake Fire Chief but it had been tabled. Van Eyll explained that the trucks would be leased over a period of time and that the City of Long Lake already has the equipment for the truck so does not have to pay for outfitting, which reduces the cost. The engine Long Lake is buying is a used engine that is significantly older than the one Orono is proposing, he said. He reiterated it is necessary to have two rescue pumpers that are 15 years old or less to remain NFPA compliant. He explained Long Lake had tabled the purchase of the brush medical vehicle because of questions about the quotes and then Long Lake’s focus changed to purchasing command vehicles because they were very difficult to find at the time. Veach asked about fire call data, pointing out most calls are medical. She said a lot of money is being spent for a small percentage of calls, but she understands it is necessary to have this equipment. She also asked about the size of the new department given that Orono accounted for about three quarters of the calls answered by Long Lake Fire and asked if a staff of equal size is appropriate. Van Eyll said seven percent of calls are house fires, others are alarms that do not result in a full fire. The majority are medicals. He said it seemed reasonable to have the same size department, especially with the hope of adding service to nearby small communities. He called it future-proofing. Benson asked about whether the Long Lake Fire Department had a capital improvement plan. Van Eyll said it does but he was restricted to $103,000 worth of funding coming in per year. In regard to questions about the possibility of leasing to own the equipment, Van Eyll said the costs for the various trucks from the manufacturer included interest and were the high end. The City may be able to do better on a lease which would also flatten out the payments over a period of time. Veach asked how purchases like this were made in the past. Van Eyll said the City of Orono bonded for Fire Station 2 and the rescue vehicle and engine there in about 2004. Crosby moved, Johnson seconded, to purchase a Brush Medical Response Utility from Fire Safety USA for $225,259 and the outfitting for $130,000 for use by the Orono Fire Department for a total cost of $355,259 and authorize staff to obtain a competitive proposal using a selective RFP for lease proposal. VOTE: Ayes 4, Nays 1 (Benson). 18. AUTHORIZATION TO PURCHASE RESCUE PUMPERS MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 15 Crosby moved, Johnson seconded, to approve the purchase of a new rescue pumper from Fire Safety USA for $960,703 and outfitting $201,355 for a total of $1,162,058 for use by the Orono Fire Department and to authorize staff to obtain a competitive proposal using a selective RFP for lease proposal. VOTE: Ayes 4, Nays 1 (Benson). Regarding the used pumper, Benson asked if this is the type of truck Long Lake had purchased for about $100, 000. Van Eyll said it was but the difference was age as the one purchased by Long Lake would already be 17 or 18 years old when received and too old to be NFPA compliant. Orono is proposing to purchase a 2017 model. Johnson moved, Crosby seconded, to approve the purchase of the used Rosenbauer Commander rescue pumper from Fire Safety USA for $484,900 and outfitting for $241,355 for a total of $726,255 for use by the Orono Fire Department and to authorize staff to obtain a competitive proposal using a selective RFP for lease proposal. VOTE: Ayes 4, Nays 1 (Benson). 19. AUTHORIZATION TO PURCHASE NEW TANKER/TENDER Van Eyll said the City of Long Lake is not willing to sell either of their tankers so Orono went out for bids on a purchase and received three quotes. Veach asked if the trucks owned 100 percent by Orono would be available to the new department or available to purchase and also asked about the cost of deferred maintenance on the vehicles Orono owns in whole or part. Van Eyll said Long Lake has indicated they are using them and they are not available, but he assumes they would still be willing to provide mutual aid if needed and they were not on a call. He said he was not sure of the cost of deferred maintenance but said all those vehicles would need to be replaced in the next few years. However they are on Long Lake’s CIP for a longer period out in order to stay within that $103,000 per year limit for available equipment funding. Crosby moved, Johnson seconded, to approve purchase of Tanker/Tender from Midwest Fire for $336,598 and Equipment, $74,601, for a total cost of $411,598 for use by the Orono Fire Department and other departments within the City of Orono and to authorize staff to obtain a competitive proposal using a selective RFP for lease proposal. VOTE: Ayes 4, Nays 1 (Benson). 20. APPROVAL OF ORGANIZATIONAL CHART FOR ORONO FIRE DEPARTMENT Veach asked if the size of the department was based on past call data, could it be adjusted and would the personnel costs fit the City budget. Van Eyll and Edwards said the size was based on past call data and the Council has the option of revisiting the staffing plan based on needs. They said the cost is within budget. Earlier this year the City Council voted to build to a suburban response standard. Benson pointed out the cost for wages and benefits for the staffing plan for Station 2 is $422,000 while the amount Orono is paying Long Lake for 2024 is $407,000 which is Orono’s 85 percent share to cover MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 15 Stations 1 and 2. She said it looks like Station 2 will cost more for wages and benefits than the cost paid to Long Lake for both stations. Edwards said the Orono Fire Department would have a much different structure. Van Eyll said the number of positions are not that different from the Long Lake Fire Department but the structure of positions has changed to reflect the new staffing plan with duty crews and a suburban response standard rather than rural. He also said the number of calls has been rising significantly. He said he looked at other departments in the area in area to develop the organization chart and took elements of several. Crosby moved, Johnson seconded, to adopt the Orono Fire Department organizational chart and job descriptions. VOTE: Ayes 4, Nays 1 (Benson). FINANCE DIRECTOR REPORT Finance Director Olson said he had discussed the City’s enterprise fund budgets with the Council at the work session and had nothing further to report. CITY ATTORNEY REPORT Attorney Mattick said at the request of Council Member Benson, he would have an update on the status of the litigation with Long Lake at the next City Council meeting. CITY ADMINISTRATOR/ENGINEER REPORT Edwards updated the City Council, noting in Engineering work, Fox Street is substantially complete. The Townline Road project where Medina has the lead is ready for pavement. He has been asked to look at what it would take to add pickleball to some of Orono’s parks and will get some proposals and costs for that. On the City Administrator side, he has invited the Long Lake fire chief to the next City Council meeting for a presentation on current Long Lake fire operations and on their new duty crew program. The topics will not include the negotiations between the two cities, he said. The annual staff appreciation picnic will be this week. COUNCIL COMMITTEE REPORTS 21. BUDGET COMMITTEE REPORT Veach said the budget committee had a great meeting and she learned a lot. The committee topics were discussed at the work session today so she had nothing further to add. PUBLIC COMMENTS Brian Turbeville, 997 Wildhurst Trail, asked what the interest is going to cost on $2 million dollars, stating it would be between $700,000 and $1 million. Besides what the Council just voted for, he said, it voted for $700,000 in interest. The Council just fixed a $534,000 problem with $3 million dollars and that is only equipment. He said the Council has bragged about the City’s bond rating. He predicted the City’s MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 15 bond rating would have to drop because this money has to come from somewhere. They said Long Lake fell deficient but there were two City Councils needing to talk as a checks and balance, not a four-person yes-man Council, he said. He predicted again that the City’s bond rating will go down and that taxes will have to go up for this. Penny Saiki, 2874 Casco Point Road, said these costs will be born primarily by citizens so assessed per house. Not only were the interest rates not considered but also the resident’s insurance costs because there will be an unproven fire department, she said. On one hand, she said, the City wants to be independent but on the other hand is actually depending on everybody else for manpower and equipment. James Elder, 195 South Brown Road, said the Council displayed tonight that the Orono Fire Department has costs and problems that are fluid and are getting more and more expensive. He said the Council doesn’t have a good plan and is making it up as they go along. The costs they heard tonight involve some clever, off-balance-sheet leases and they are not cheap, he said. The Council has already exceeded the 2024 budget and has been very opaque about how they will fund this. Rehabbing the Public Works building will be a lot more expensive than the Council thinks. The City may need more trucks but this Council made it impossible for Long Lake under James Van Eyll to get more than $103,000 per year for equipment; however, tonight spent $2.6 million. He said they are generous with Orono but were pernicious with Long Lake. He does not feel public safety will benefit. He said he wishes they would grow up and go back to mediation and fix this but the only way to fix it may be an election. He added Walsh had burned many bridges and was an embarrassment and expensive. Ann Cosgrove, 2670 Kelley Parkway, asked if the Council has met with the neighbors facing the old Public Works building and who will deal with the construction. She said she feels the Orono Fire Department is a fiasco and it appears most of the Long Lake Fire Department wants to stay with Long Lake. She said she has lived here since 1968. Long Lake had the Fire Department and Orono had the Police Department and it worked. The City Council listened, the Mayor listened and we were treated respectfully. Todd Newcomer, Long Lake resident, asked about the age of the ladder truck and when it would need to be replaced. He also discussed response times for paid-on-call and duty crews, saying duty crew fire fighters could live in Minneapolis. The City is supposed to begin servicing Navarre on July 1 but with one of each truck, he asked what would happen if one breaks down. He also asked if the fire fighters would be adequately trained at that point because there is typically a one-year probation period. Every fire fighter should have a second set of turn-outs, he said. That could be hundreds of thousands more dollars that are unaccounted for yet. That is the reason for a lot of concern in the community, he added. Brad Erickson, Corcoran, said he recently moved and still has a shop in town but hopes to be out of there before the Orono fire station comes into existence because things sound pretty sketchy. He said the Mayor may have gotten the cart before the horse on this one. The City is now talking about a temporary fire station for one to three years for maybe $3 million. Get your numbers straight before heading into something like this, he said. He did not know if those shiny new fire trucks will return the investment, noting there are about 22 actual fire calls per year that need actual fire trucks in Orono. He said the City had a good thing going with Long Lake Fire and just didn’t know it. They wanted to get their own fire department like a bunch of drunken sailors, he said. The ex-president of the United States has been MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 15 indicted. He will still have to deal with the courts but hopefully they will get it right, he said. He asked why Mr. Crosby doesn’t feel like he has to answer questions about that suff. It sounds like if you are part of an insurrection you are no longer fit to serve the citizens of this country, he said, according to the 14th Amendment. Erickson stated the Holocaust is funny to Crosby as well as being with the Proud Boys at the Governor’s mansion. He said he has a video of Crosby right at the front steps. MAYOR/COUNCIL REPORT Crosby said he wanted to comment on some of Erickson’s comments. Crosby said Erickson revels in the fact that the crooked Department of Justice is going after the next President of the United States but there is no discussion about Joe Biden who is shoveling money over to the Ukraine to pay for kickbacks, money that he has laundered out to the Ukraine and China and that is all okay. Crosby said Erickson’s free speech is slander, degradation, put-downs, and threats. He hasn’t learned from history because for his profession of hating Nazis, he has turned himself into one, he said. Instead of having polite discourse he slanders and threatens people. Free speech is important, the right to assemble is important. Protesting is not necessarily an insurrection, Crosby continued. Calling somebody an anti-Semite because they want it to be so doesn’t make it so. This is old, foolish, boring, and its time should be passed. He said he and wife became grandparents over the weekend. Benson said the most pressing issue at this time in the City of Orono is how fire service will look starting next summer. The City has removed the Navarre service area from the Long Lake Fire Department and plans to begin servicing that area on July 1, 2024, which is less than one year away. She believes residents and the larger community don’t understand why the City Council is choosing to create an independent fire department. This is troubling when it is Orono residents who have been paying and will continue to pay for fire service, she said. Many residents, fire fighters, and neighboring municipalities have expressed questions and many concerns with the direction Orono is taking, she added. Tonight more money was approved in supporting this endeavor. She said public safety should be a collaborative effort between public officials and the residents they serve. An independent Orono department is attainable only through the use of public dollars collected from the residents. They have sent a clear message that leadership in Orono is not listening. She said she looks forward to hearing future updates on the mediation process. Johnson asked the public to understand how the Council works, noting that Council members are taxpayers too, so their decisions impact the amount of taxes they pay on their properties. The decision has been made to move away from Long Lake Fire and open territory 2 in July of next year, he said. No one said this is going to be cheaper. To throw around numbers from the past, Orono already knows the increase Long Lake is giving us under this existing contract. The equipment is neglected and behind for a variety of reasons but that is irrelevant at this point and now the City has to make it right, he said. The City Council has made a decision to start a new department and open that new territory in July. The Council now has to make the decisions to make that happen. To vote against it for no reason other than you didn’t agree with it in the first place is going against the Council’s responsibility to the citizens, he said. The truth is the Council is finding ways to do this without levying for it and increasing taxes. Decisions need to be made to support what is happening in July. Living in the past isn’t effective. These decisions have been made. The Council has to make decisions to keep pushing forward. Long Lake has no business running Orono’s department, he said, and this decision is in the best interest of Orono citizens in the long term. Veach said she is very new to this and everyone has been very kind. She believes Orono and Long Lake can get along and mediation could go well. She cautioned against holding on to the past so much. She MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 15 joined the Council after this decision had been made but has done research to try to understand how this decision was made. She understood from Van Eyll that he liked his job and his team so she wanted to understand why he left, adding it seems like a risky move. The takeaway she got was that things went down a path and it was too late. According to Veach, Van Eyll said he thought it was the best thing to support his team and he was willing to risk that and that spoke to her. She said she likes the idea of staggering equipment purchases. As the wife of a fire fighter, she said she loves her fire family and still thinks there is a way, adding it is not us or them. That doesn’t mean you can’t prepare for other futures, she said. Most meetings have been quite respectful. She said she looks forward to continuing to get more answers. Walsh said he appreciates all the work the staff has put into the fire issues. He said he went to the State Fair and got his four favorite food items. He is doing college tours with his daughter who is a senior. High school football begins this week and the cross-country team has already has its first meet. He has been having a lot of meetings with residents about parks and property issues, he said. He ended with a quote from a Harvard study that urged people to choose their friends wisely. ADJOURNMENT Walsh called for a motion and Crosby moved to adjourn the meeting at 10:08 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, August 28, 2023 Council Chambers 5:00 p.m. Page 1 of 1 PRESENT: Mayor Dennis Walsh, Council Members Alisa Benson, Richard F. Crosby II, Matt Johnson, and Maria Veach. Staff members present were City Administrator Adam Edwards, Finance Director Ron Olson, Police Chief Correy Farniok, Public Works Superintendent DJ Goman, and City Clerk Anna Carlson. 1. Enterprise Budgets Update Finance Director Ron Olson presented the Enterprise Budget update to the City Council. He noted that the budget sheets presented are the first drafts of the enterprise budgets and briefly explained the purpose of each. Mayor Walsh noted that past councils have been diligent in creating responsible funding to prepare for where we are heading and it is important to continue that practice moving forward. Olson added that the rates are and have been designed so that we can avoid going out for bonding as little as possible. Olson highlighted each fund and noted important points for each. There was some discussion about the organics and recycling programs and the mandates that will be coming to the city in 2024 in regard to those programs. The Infiltration and Inflow process and billing was also discussed. Council asked if an article could be provided in the newsletter to discuss I&I. 2. UTVs on City Streets Police Chief Correy Farniok presented the UTV’s and other Specialized Vehicles-Local Rules. Currently, UTV usage is not prohibited on local streets, however, there are access points which create the need for UTV’s on streets and the city does not have ditches which also creates city street use. Walsh recommended Council revisiting this in a future work session. He also noted that this would be another good article for the newsletter. Meeting ended at 5:51 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: AJ Reviewed By: RO Approved By: 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 121846 to 121905 and ACH transaction 20130377 to 20130379 totaling $2,100,583.40. 3. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Item No.: 4 Date: September 11, 2023 Item Description: Claims/Bills Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ALL ENERGY SOLAR 08/28/2023 121767 2023.08 LA2 101-22205 ESCROW REFUND - LA20-000069 4760 BAYSIDE 700.00 Total 121767:700.00 AMAZON CAPITAL SERVICE 08/28/2023 121768 1NR4-L9MY-710-49970-221 SQUARE CASH REGISTER 872.35 Total 121768:872.35 AWWA 08/28/2023 121769 SO106727 601-49400-433 AWWA MEMBERSHIP 233.00 Total 121769:233.00 BAYCOM, Inc. c/o OwnersEdge, I 08/28/2023 121770 EQUIPINV_0 101-42110-440 BAYCOM/2 SQUAD COMPUTERS Police Department 8,238.00 Total 121770:8,238.00 BOLTON & MENK INC.08/28/2023 121771 0317602 602-16500 22-021 FORCEMAIN REPLACEMENT (TONKAWA)24,164.00 BOLTON & MENK INC.08/28/2023 121771 0317603 101-43170-303 21-040 NAVARRE PARKING LOT Engineering 3,011.00 BOLTON & MENK INC.08/28/2023 121771 0317635 435-48975-304 22-001 2022 STREETS PROJECT 268.00 BOLTON & MENK INC.08/28/2023 121771 0317636 602-16500 23-014 SANITARY SEWER REHABILITATION 247.50 BOLTON & MENK INC.08/28/2023 121771 0317637 101-43280-304 LA23-000011 WILDHURST TRAIL Special Services 80.50 BOLTON & MENK INC.08/28/2023 121771 0317637 101-42400-304 CDD REQUEST FOR ENGR ASSISTANCE Building & Zoning 241.50 BOLTON & MENK INC.08/28/2023 121771 0317638 435-48976-304 23-001 STREETS PROJECT 544.50 BOLTON & MENK INC.08/28/2023 121771 0317639 602-49450-305 GIS MAINTENANCE SEWER Sewer 572.00 BOLTON & MENK INC.08/28/2023 121771 0317639 601-49400-305 GIS MAINTENANCE WATER 879.50 BOLTON & MENK INC.08/28/2023 121771 0317639 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 572.00 BOLTON & MENK INC.08/28/2023 121771 0317639 101-42400-305 GIS FOR CDD Building & Zoning 276.00 BOLTON & MENK INC.08/28/2023 121771 0317639 101-43170-305 GIS MAINTENANCE GENERAL Engineering 776.00 BOLTON & MENK INC.08/28/2023 121771 0317640 101-45200-304 22-033 LAKE ACCESS MARKING Parks 253.50 BOLTON & MENK INC.08/28/2023 121771 0317640 602-16500 22-021 FORCEMAIN REPLACEMENT (TONKAWA)239.50 BOLTON & MENK INC.08/28/2023 121771 0317641 101-45200-304 23-030 HACKBERRY MASTER PLAN Parks 2,064.00 BOLTON & MENK INC.08/28/2023 121771 0318458 101-43280-304 LA21-000037 ORCHARD CREEK Special Services 424.00 BOLTON & MENK INC.08/28/2023 121771 0318459 101-43280-304 LA20-000048 SHORELINE ESTATES Special Services 1,081.50 BOLTON & MENK INC.08/28/2023 121771 0318460 101-43280-304 LA21-000036 ORONO CROSSINGS Special Services 542.00 Total 121771:36,237.00 CENTERPOINT ENERGY MAIN 08/28/2023 121772 2023.08 137 602-49450-381 GAS SERVICE 1377 VINE PL 07/24/2023 - 08/23/2 Sewer 11.50 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121772:11.50 CENTRAL PENSION FUND SOU 08/28/2023 121773 CENTRALPE 101-21705 CENTRAL PENSION FUND 082423 880.00 Total 121773:880.00 Century Link 08/28/2023 121774 2023.08 WT 601-49400-321 INTERNET FOR SOUTH WATER PLANT 139.81 Total 121774:139.81 CenturyLink 08/28/2023 121775 652554762 614-49840-329 INTERNET 7/08/23-8/07/2023 LUMEN Cable Franchise 1,057.04 Total 121775:1,057.04 CITY OF BLOOMINGTON 08/28/2023 121776 22479 601-49400-489 LAB FEES 36.00 Total 121776:36.00 CITYVIEW PLUMBING & HEATIN 08/28/2023 121777 134826155 101-45200-404 FOUNTAIN PARTS Parks 18.00 Total 121777:18.00 CONCEPT LANDSCAPING 08/28/2023 121778 2023.08 LA2 101-22205 ESCROW REFUND - LA23-000031 4725 NORTH S 700.00 Total 121778:700.00 DAHL, NICOLE 08/28/2023 121779 2023.08.22 3 999-10015 UB REFUND - 3452 LIVINGSTON AVE 110.10 Total 121779:110.10 DAHLHEIMER BEVERAGE MON 08/28/2023 121780 1961043 - ad 101-45210-091 ALCOHOL Golf Course 8.00 DAHLHEIMER BEVERAGE MON 08/28/2023 121780 1972422 101-45210-091 ALCOHOL Golf Course 189.60 DAHLHEIMER BEVERAGE MON 08/28/2023 121780 1972422 101-45210-093 CONCESSIONS Golf Course 158.50 DAHLHEIMER BEVERAGE MON 08/28/2023 121780 1977063 101-45210-091 ALCOHOL Golf Course 391.40 DAHLHEIMER BEVERAGE MON 08/28/2023 121780 1977063 101-45210-093 CONCESSIONS Golf Course 219.30 DAHLHEIMER BEVERAGE MON 08/28/2023 121780 1979022 101-45210-091 ALCOHOL Golf Course 69.00 Total 121780:1,035.80 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount DEVIN MONTERO, CITY CLERK 08/28/2023 121781 2023.08 MCF 101-41300-433 TRAINING A.CARLSON Administration 20.00 DEVIN MONTERO, CITY CLERK 08/30/2023 121781 2023.08 MCF 101-41300-433 TRAINING A.CARLSON Administration 20.00- Total 121781:.00 DUNBROOKE APPAREL CORP 08/28/2023 121782 5-052790 101-45210-095 MERCHANDISE Golf Course 423.07 Total 121782:423.07 ECM PUBLISHERS INC 08/28/2023 121783 961247 101-42260-340 AD FOR RECRUITMENT OPEN HOUSE Fire Protection Services 363.00 ECM PUBLISHERS INC 08/28/2023 121783 961248 101-41300-340 CITY COUNCIL NEWS AD Administration 413.80 Total 121783:776.80 ESS BROTHERS & SONS 08/28/2023 121784 DD6068 602-49450-227 CURB STOP TOP HATS Sewer 880.00 Total 121784:880.00 FERGUSON WATERWORKS #25 08/28/2023 121785 0511217-1 601-49400-227 WATER METER FOR NEW PW BUILDING 3,018.14 FERGUSON WATERWORKS #25 08/28/2023 121785 0517580 601-49400-227 1" SWIVELS FOR RESALE 1,477.79 Total 121785:4,495.93 FIDELITY SECURITY LIFE INSU 08/28/2023 121786 EYEMED 08 101-21716 VISION PLAN 8/2023 256.62 Total 121786:256.62 GEISLINGER AND SONS INC.08/28/2023 121787 CSAH 19 WA 601-16500 22-023 WATERMAIN REPLACEMENT 979.10 Total 121787:979.10 GOPHER ACE 08/28/2023 121788 017091/1 101-45200-223 SHOP SUPPLIES Parks 44.97 GOPHER ACE 08/28/2023 121788 017121/1 101-45210-404 PLUMBING SUPPLIES Golf Course 35.97 GOPHER ACE 08/28/2023 121788 17063/1 101-45200-404 TRIMMING SUPPLIES Parks 50.97 GOPHER ACE 08/28/2023 121788 17129/1 101-45210-223 WASP BAIT Golf Course 7.59 GOPHER ACE 08/28/2023 121788 17194/1 601-49400-227 LITE BULBS FOR N WATER TOWER 25.98 Total 121788:165.48 GPS INTERNATIONAL TECHNO 08/28/2023 121789 30352 101-42110-240 TRACKING DEVICE & DEPLOYMENT CASE Police Department 285.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121789:285.00 HAGEN LANDSCAPING 08/28/2023 121790 2023.08 LA2 101-22205 ESCROW REFUND - LA23-000005 2699 KELLY A 700.00 Total 121790:700.00 HAWKINS INC 08/28/2023 121791 6551573 601-49400-216 CHLORINE TANKS 60.00 HAWKINS INC 08/28/2023 121791 6556238 601-49400-216 WATER PLANT CHEMICALS 5,101.64 Total 121791:5,161.64 HAYES & SONS EXC INC 08/28/2023 121792 2023.08 SE2 101-22205 ESCROW REFUND - SE22-000017 685 PINEHUR 1,000.00 Total 121792:1,000.00 HENDEL HOMES 08/28/2023 121793 2023.08 LA2 101-22205 ESCROW REFUND - LA20-000059 1775 FOX ST 700.00 Total 121793:700.00 HOOK, PEGGY 08/28/2023 121794 2023.08.22 3 999-10015 UB REFUND - 3237 CASCO CIR 111.90 Total 121794:111.90 International Union Local #49 08/28/2023 121795 LOCAL 49 08 101-21707 LOCAL 49 DUES - 08/2023 385.00 Total 121795:385.00 JAMES KELLY 08/28/2023 121796 2023.08 RPS 101-22205 ESCROW REFUND - RPS22-000124 1855 CONCO 10,000.00 Total 121796:10,000.00 JEFF BRADY 08/28/2023 121797 2023.08 LA2 101-22205 ESCROW REFUND - LA20-000021 350 NORTH S 700.00 Total 121797:700.00 JOHN VOLKMAR 08/28/2023 121798 2023.08.22 2 999-10015 UB REFUND - 2640 KELLY AVE 336.37 Total 121798:336.37 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount JOHNSON, DAVID & ELIZABETH 08/28/2023 121799 2023.08.23 4 999-10015 UB REFUND - 460 LONG LAKE RD 5.07 Total 121799:5.07 KOTHRADE SEWER WATER & E 08/28/2023 121800 2023.08 SE2 101-22205 ESCROW REFUND - SE22-000013 503 FERNDAL 1,000.00 KOTHRADE SEWER WATER & E 08/28/2023 121800 2023.08 SE2 101-22205 ESCROW REFUND - SE22-000019 370 NORTH A 1,000.00 Total 121800:2,000.00 LAKESCAPE LLC 08/28/2023 121801 1109 101-45200-404 BEACH WEED REMOVAL Parks 948.75 Total 121801:948.75 LAW ENFORCEMENT LABOR S 08/28/2023 121802 LELS082423 101-21707 LELS DUES - LOCAL 40 8/2023 1,316.74 LAW ENFORCEMENT LABOR S 08/28/2023 121802 LELS082423 101-21707 LELS DUES - LOCAL 168 8/2023 337.50 Total 121802:1,654.24 LOGIS 08/28/2023 121803 53916 101-42110-310 POLICE RECORDS Police Department 8,119.00 LOGIS 08/28/2023 121803 53916 710-49970-329 INTERNET 600.00 LOGIS 08/28/2023 121803 53916 101-41900-221 HOSTED BACKUPS Central Services 1,125.00 LOGIS 08/28/2023 121803 53916 710-49970-311 HOSTED SERVERS 1,399.00 LOGIS 08/28/2023 121803 53916 710-49970-311 HOSTED COMPLIANCE ARCHIVE 537.00 LOGIS 08/28/2023 121803 53916 710-49970-311 HOSTED WATCHGUARD 650.00 LOGIS 08/28/2023 121803 53916 710-49970-401 FIBER SERVICES 163.00 Total 121803:12,593.00 LONG, BILL & MARTHA 08/28/2023 121804 2023.08.22 6 999-10015 UB REFUND - 625 OLD LONG LAKE RD 185.24 Total 121804:185.24 LUZAICH, JENNIFER 08/28/2023 121805 2023.08.22 3 999-10015 UB REFUND - 3359 CRYSTAL BAY RD 211.84 Total 121805:211.84 METLIFE SMALL BUSINESS CE 08/28/2023 121806 METLIFE082 101-21709 DENTAL INSURANCE 08/23 2,426.69 Total 121806:2,426.69 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN DEPT OF HEALTH 08/28/2023 121807 2023 3RD Q 601-20802 2023-3RD QTR WATER TEST FEE 2,857.68 Total 121807:2,857.68 MOUND TRUE VALUE 08/28/2023 121808 188334 101-42110-221 CORD REEL/PD1 Police Department 70.99 MOUND TRUE VALUE 08/28/2023 121808 188545 101-42110-201 MISC SUPPLIES Police Department 25.96 Total 121808:96.95 MTI DISTRIBUTING INC 08/28/2023 121809 1396363-00 101-45210-404 IRRIGATION REPAIR Golf Course 582.15 MTI DISTRIBUTING INC 08/28/2023 121809 1399865-00 101-45210-404 IRRIGATION REPAIR Golf Course 31.17 MTI DISTRIBUTING INC 08/28/2023 121809 1400657-00 - 101-45210-404 IRRIGATION REPAIR CREDIT Golf Course 100.38- Total 121809:512.94 NAVARRE HARDWARE 08/28/2023 121810 343382 601-49400-405 FIX BROKEN VALVE AT S WATER PLANT 70.75 NAVARRE HARDWARE 08/28/2023 121810 343385 601-49400-405 REPAIRS @ S WATER PLANT 2.79 NAVARRE HARDWARE 08/28/2023 121810 343468 101-45200-221 HAND TOOLS Parks 29.48 Total 121810:103.02 NCPERS GROUP LIFE INS.08/28/2023 121811 NCPERS082 101-21710 PERA LIFE 09/2023 328.00 Total 121811:328.00 Newegg Business Inc 08/28/2023 121812 1304513892 710-49970-221 HEADSET - DJ 60.04 Newegg Business Inc 08/28/2023 121812 1304594433 710-49970-221 CABLES 23.40 Newegg Business Inc 08/28/2023 121812 1304597664 710-49970-221 DOCKING STATIONS 471.38 Newegg Business Inc 08/28/2023 121812 1304597884 710-49970-221 DELL COMPUTER -PD 1,519.98 Total 121812:2,074.80 OFFICE DEPOT 08/28/2023 121813 3244184870 101-42110-201 OFFICE SUPPLIES Police Department 173.02 Total 121813:173.02 OPD BUSINESS SOLUTIONS LL 08/28/2023 121814 3244338760 101-42110-201 OFFICE SUPPLIES Police Department 24.88 OPD BUSINESS SOLUTIONS LL 08/28/2023 121814 3268086530 101-45210-201 INK CARTRIDGE Golf Course 123.42 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121814:148.30 OPEIU - LOCAL 12 08/28/2023 121815 OPEIU08242 101-21707 UNION DUES - LOCAL 12 08/2023 672.00 Total 121815:672.00 OTTEN BROTHERS 08/28/2023 121816 1-1763408 601-49400-405 TREES FOR COFFEE BRIDGE WATER MAIN 2,331.90 Total 121816:2,331.90 PAULSON, ERIC & KAREN 08/28/2023 121817 2023.08.22 2 999-10015 UB REFUND - 2605 MAPLERIDGE LN 88.75 Total 121817:88.75 QUADIENT INC 08/28/2023 121818 N10071982 101-41900-401 POSTAGE MACHING LEASE 9/16/23-12/15/23 Central Services 483.63 Total 121818:483.63 RED GRANITE CONSTRUCTION 08/28/2023 121819 2023.08.22 8 999-10015 UB REFUND - 835 HUNT FARM RD - RED GRANI 225.18 Total 121819:225.18 REGENCY HOMES, INC 08/28/2023 121820 2023.08 - RP 101-22205 ESCROW REFUND - RPS22-000030 2925 DEER 10,000.00 Total 121820:10,000.00 Riverside Design 08/28/2023 121821 3802 101-42110-201 OFFICE SUPPLIES Police Department 187.50 Total 121821:187.50 RUDOLPH, KYLE 08/28/2023 121822 2023.08.22 3 999-10015 UB REFUND - 3280 FOX 77.14 Total 121822:77.14 RUSSELL KOCON 08/28/2023 121823 2023.08 LA2 101-22205 ESCROW REFUND - LA20-000072 3570 IVY PL 700.00 Total 121823:700.00 SCHULTZ, SUSAN 08/28/2023 121824 2023.08 SUS 101-42110-437 TRAVEL EXPENSE 519/DRE PHILI Police Department 267.73 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121824:267.73 SHAUGHNESSY LAWN CARE 08/28/2023 121825 07.15.23 - 08 101-45200-404 PARK MOWING Parks 4,142.86 Total 121825:4,142.86 SiteOne Landscape Supply LLC 08/28/2023 121826 133089456-0 101-45200-404 SPRAY INDICATOR AND MULCH Parks 305.00 SiteOne Landscape Supply LLC 08/28/2023 121826 133614767-0 101-45200-216 HERBICIDE Parks 230.21 Total 121826:535.21 SMITH, JARED 08/28/2023 121827 2023.08 LA2 101-32510 BP REFUND - LA23-000031 APPLICATION WITHD 375.00 Total 121827:375.00 STOP STICK LTD 08/28/2023 121828 0030287 101-42110-240 STOP STICKS CORD REEL Police Department 114.00 Total 121828:114.00 STREICHERS POLICE EQUIP 08/28/2023 121829 I1649419 101-42110-226 UNIFORMS/BENIEK Police Department 493.96 Total 121829:493.96 SUN LIFE FINANCIAL 08/28/2023 121830 SUNLIFE ST 101-21714 STD- 8/2023 1,064.70 SUN LIFE FINANCIAL 08/28/2023 121830 SUPPLIFE 0 101-21710 LIFE INSURANCE - 03-2023 1,401.52 Total 121830:2,466.22 SUNRAM CONSTRUCTION INC.08/28/2023 121831 PYMT FINAL 651-20600 22-028 NORTH SHORE RAVINE PROJECT 5,018.30 Total 121831:5,018.30 TALLEN AND BAERTSCHI 08/28/2023 121832 08.2023 PRO 101-41600-306 PROSECUTION SERVICES 08/2023 Law/Legal Services 3,398.45 Total 121832:3,398.45 THE HARTFORD 08/28/2023 121833 HARDFORD 101-21713 LTD 8/2023 1,876.58 THE HARTFORD 08/28/2023 121833 HARDFORD 101-41900-135 EAP 8/2023 Central Services 14.28 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121833:1,890.86 TimeSaver Off Site Secretarial Inc 08/28/2023 121834 M28473 101-45200-319 PARK COMMISSION MINUTES 5/3/21 Parks 159.00 Total 121834:159.00 TURNER BROS INC 08/28/2023 121835 D22-000010 101-22205 ESCROW REFUND - D22-000010 1856 SHADYW 1,000.00 Total 121835:1,000.00 UNIFIRST CORPORATION 08/28/2023 121836 1410003616 101-41900-223 LAUNDRY SERVICE Central Services 34.92 UNIFIRST CORPORATION 08/28/2023 121836 1410005013 101-41900-223 LAUNDRY SERVICE Central Services 108.79 Total 121836:143.71 US Bank Equipment Finance 08/28/2023 121837 508756368 710-49970-413 COPIERS - LEASE 728.75 Total 121837:728.75 WEINZETL CONTRACTING INC 08/28/2023 121838 2023.08 RAS 101-22205 ESCROW REFUND - RAS22-000067 4490 WATER 1,000.00 Total 121838:1,000.00 Yamaha Golf & Utility 08/28/2023 121839 01-292012 101-45210-415 CART LEASE Golf Course 3,251.75 Total 121839:3,251.75 DEVIN MONTERO, CITY CLERK 08/30/2023 121840 2023.08 MCF 101-41300-433 TRAINING A.CARLSON Administration 20.00 DEVIN MONTERO, CITY CLERK 08/30/2023 121840 2023.08 MCF 101-41300-433 TRAINING A.CARLSON Administration 20.00- MCFOA REVION IV 08/30/2023 121840 2023.08 MCF 101-41300-433 TRAINING A.CARLSON Administration 20.00 Total 121840:20.00 UNITED STATES POSTAL SERVI 09/01/2023 121841 2023.08 UTIL 602-49450-322 08/23 UTILITY BILLS Sewer 359.94 UNITED STATES POSTAL SERVI 09/01/2023 121841 2023.08 UTIL 601-49400-321 08/23 UTILITY BILLS 359.94 UNITED STATES POSTAL SERVI 09/01/2023 121841 2023.08 UTIL 651-49910-321 08/23 UTILITY BILLS Storm Water 359.94 Total 121841:1,079.82 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GEISLINGER AND SONS INC.09/01/2023 121842 CSAH 19 WA 601-16500 22-023 WATERMAIN REPLACEMENT 5,000.00 GEISLINGER AND SONS INC.09/01/2023 121842 CSAH 19 WA 601-20600 22-023 WATERMAIN REPLACEMENT 18,827.91 Total 121842:23,827.91 QUADIENT INC 09/01/2023 121843 N10004049 - 101-41900-401 POSTAGE MACHING LEASE 07-28-23 - 10-27-202 Central Services 878.94 Total 121843:878.94 All Traffic Solutions 09/06/2023 121844 SIN037130 - 101-42110-440 2023 ATS TRAILER UPGRADE RADAR Police Department 3,311.50 All Traffic Solutions 09/06/2023 121844 SIN037130-C 101-42110-440 2023 ATS TRAILER UPGRADE RADAR-CREDIT Police Department 3,311.50- All Traffic Solutions 09/06/2023 121844 SIN037130-P 101-42110-440 2023 ATS TRAILER UPGRADE RADAR Police Department 3,311.50 Total 121844:3,311.50 AMERICAN ENGINEERING TES 09/06/2023 121845 INV-139075 440-48970-304 21-039 NEW PUBLIC WORKS FACILITY 2,238.50 Total 121845:2,238.50 ACME TOOLS 09/11/2023 121846 11591299 101-45200-223 PRESSURE WASHER Parks 269.00 Total 121846:269.00 ADVANCED IMAGING SOLUTIO 09/11/2023 121847 509636585 710-49970-413 PW COPIER LEASE 08/20/2023-09/20/2023 138.76 Total 121847:138.76 AMERICAN ENGINEERING TES 09/11/2023 121848 INV-144391 440-48970-304 21-039 NEW PUBLIC WORKS FACILITY 2,776.50 Total 121848:2,776.50 AT&T MOBILTY 09/11/2023 121849 2873263283 101-42400-321 MOBILE SERVICE Building & Zoning 165.72 AT&T MOBILTY 09/11/2023 121849 2873263283 101-45200-321 MOBILE SERVICE Parks 114.69 AT&T MOBILTY 09/11/2023 121849 2873263283 101-43000-321 MOBILE SERVICE Public Works Department 340.84 AT&T MOBILTY 09/11/2023 121849 2873263283 101-41900-321 MOBILE SERVICE Central Services 201.39 AT&T MOBILTY 09/11/2023 121849 2873263283 601-49400-321 MOBILE SERVICE 159.32 AT&T MOBILTY 09/11/2023 121849 2873263283 101-43100-321 MOBILE SERVICE Brush Site 217.24 AT&T MOBILTY 09/11/2023 121849 2873297209 601-49400-321 MOBILE SERVICE 47.67 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121849:1,246.87 AWWA 09/11/2023 121850 10/2023 - 10/601-49400-433 AWWA MEMBERSHIP 233.00 Total 121850:233.00 BIFFS INC 09/11/2023 121851 W927663 101-45200-415 BIFF RENTAL Parks 257.00 BIFFS INC 09/11/2023 121851 W927664 101-45200-415 BIFF RENTAL Parks 166.00 BIFFS INC 09/11/2023 121851 W927665 101-45200-415 BIFF RENTAL Parks 182.00 BIFFS INC 09/11/2023 121851 W927666 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 09/11/2023 121851 W927667 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 09/11/2023 121851 W927668 101-45200-415 BIFF RENTAL Parks 166.00 BIFFS INC 09/11/2023 121851 W927669 101-45200-415 BIFF RENTAL Parks 91.00 Total 121851:1,044.00 BITUMINOUS ROADWAYS INC 09/11/2023 121852 2023 FOX S 435-48976-590 23-001 2023 STREET IMPROVEMENT PROJECT 232,352.26 BITUMINOUS ROADWAYS INC 09/11/2023 121852 2023 FOX S 435-20600 23-001 2023 STREET IMPROVEMENT PROJECT 11,617.61- BITUMINOUS ROADWAYS INC 09/11/2023 121852 2023 TONKA 602-16500 22-021 TONKAWA FORCEMAIN REPLACEMENT 278,868.60 BITUMINOUS ROADWAYS INC 09/11/2023 121852 2023 TONKA 440-20600 22-021 TONKAWA FORCEMAIN REPLACEMENT 13,943.43- Total 121852:485,659.82 BRIDGESTONE GOLF INC 09/11/2023 121853 INV-1003179 101-45210-095 GOLF BALLS Golf Course 477.00 Total 121853:477.00 BUSINESS ESSENTIALS 09/11/2023 121854 WO-1258803 101-41900-201 COPY PAPER Central Services 266.64 Total 121854:266.64 CEMSTONE 09/11/2023 121855 7237459 601-49400-489 2032 SHADYWOOD ROAD DRIVEWAY 1,087.59 CEMSTONE 09/11/2023 121855 7237459 602-16500 LIFT STATION 19 GENERATOR PAD 283.91 Total 121855:1,371.50 CENTERPOINT ENERGY MAIN 09/11/2023 121856 2023.08 7/22 601-49400-381 GAS SERVICE 01/20/23-2/20/2023 666.40 CENTERPOINT ENERGY MAIN 09/11/2023 121856 2023.08 7/22 602-49450-381 GAS SERVICE 01/20/23-2/20/2023 Sewer 416.07 CENTERPOINT ENERGY MAIN 09/11/2023 121856 2023.08 7/22 101-41900-381 GAS SERVICE 01/20/23-2/20/2023 Central Services 88.98 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CENTERPOINT ENERGY MAIN 09/11/2023 121856 2023.08 7/22 101-42110-381 GAS SERVICE 1/20/23-2/20/2023 Police Department 49.00 CENTERPOINT ENERGY MAIN 09/11/2023 121856 2023.08 7/22 613-49830-381 GAS SERVICE 01/20/23-02/20/2023 Golf Course 28.64 CENTERPOINT ENERGY MAIN 09/11/2023 121856 2023.08 7/22 602-49450-381 GAS SERVICES 1377 VINE PL 6/23/23-7/25/23-CR Sewer 127.55 Total 121856:1,376.64 CENTRAL PENSION FUND SOU 09/11/2023 121857 09072023 C 101-21705 CENTRAL PENSION FUND 090723 880.00 Total 121857:880.00 City of Orono Utilities 09/11/2023 121858 2023.08 CH&101-41900-382 AUGUST 2023 UB - CH Central Services 826.89 City of Orono Utilities 09/11/2023 121858 2023.08 CH&101-42110-382 AUGUST 2023 UB - PD Police Department 827.22 City of Orono Utilities 09/11/2023 121858 2023.08 PO 101-41900-382 AUGUST 2023 UB - PO Central Services 86.37 City of Orono Utilities 09/11/2023 121858 2023.08 PW 101-41900-382 AUGUST 2023 PW Central Services 143.55 City of Orono Utilities 09/11/2023 121858 2023.08 WT 601-49400-382 AUGUST 2023 UB - WTP 156.74 Total 121858:2,040.77 CITY OF WAYZATA 09/11/2023 121859 AUGUST 202 601-49400-387 AUG 2023 WATER 13,310.10 CITY OF WAYZATA 09/11/2023 121859 AUGUST 202 602-49450-387 AUG 2023 SEWER Sewer 6,480.65 Total 121859:19,790.75 CLAREY'S SAFETY EQUIPMENT 09/11/2023 121860 207155 415-42260-550 4-GAS MONITOR FOR LADDER TRUCK 847.25 Total 121860:847.25 CUSTOM ONE HOMES 09/11/2023 121861 2023.08 RPS 101-22205 ESCROW REFUND - RPS21-000098 - 2640 WATE 1,000.00 Total 121861:1,000.00 DAHLHEIMER BEVERAGE MON 09/11/2023 121862 197022 101-45210-091 ALCOHOL Golf Course 69.00 DAHLHEIMER BEVERAGE MON 09/11/2023 121862 1979019 101-45210-093 CONCESSIONS Golf Course 283.60 DAHLHEIMER BEVERAGE MON 09/11/2023 121862 1979019 101-45210-091 ALCOHOL Golf Course 140.80 DAHLHEIMER BEVERAGE MON 09/11/2023 121862 1988208 101-45210-091 ALCOHOL Golf Course 281.60 DAHLHEIMER BEVERAGE MON 09/11/2023 121862 1988208 101-45210-093 CONCESSIONS Golf Course 62.80 Total 121862:837.80 DAMMEN, SUSAN 09/11/2023 121863 2023.09.06 D 999-10015 UB REFUND - 2040 SPATES AVE 92.62 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121863:92.62 EARL F ANDERSON & ASSOC 09/11/2023 121864 0133572 101-45200-223 PARK SIGNS Parks 243.30 Total 121864:243.30 EBERT INC 09/11/2023 121865 PW PAY APP 440-48970-520 21-039 NEW PUBLIC WORK FACILITY CONSTRU 1,118,513.22 EBERT INC 09/11/2023 121865 PW PAY APP 440-20600 21-039 NEW PUBLIC WORK FACILITY CONSTRU 55,925.69- Total 121865:1,062,587.53 ECM PUBLISHERS INC 09/11/2023 121866 962263 101-42260-340 AD FOR RECRUITMENT OPEN HOUSE Fire Protection Services 363.00 ECM PUBLISHERS INC 09/11/2023 121866 962264 101-41300-340 ADMIN NEW HIRE AD Administration 193.80 Total 121866:556.80 EDWIN STEPHENSON 09/11/2023 121867 2023.08 LA2 101-22205 ESCROW REFUND - LA23-000033 - 559 PARK LN 700.00 Total 121867:700.00 ERICKSON, MICHAEL & IRIS 09/11/2023 121868 2023.09.06 E 999-10015 UB REFUND - 1005 LINDEN LN 110.31 Total 121868:110.31 FLOCK GROUP INC 09/11/2023 121869 INV-18885 101-42110-319 LPR CAMERAS Police Department 5,700.00 Total 121869:5,700.00 GMH ASPHALT 09/11/2023 121870 2023.08 PAY 408-20600 21-040 NAVARRE PARKING LOT 3,565.22- GMH ASPHALT 09/11/2023 121870 2023.08 PAY 408-48800-590 21-040 NAVARRE PARKING LOT 71,304.52 Total 121870:67,739.30 GOPHER ACE 09/11/2023 121871 017248/1 101-45210-404 CLUBHOUSE SUPPLIES Golf Course 13.17 GOPHER ACE 09/11/2023 121871 017338/1 101-45200-240 POLE PRUNER Parks 600.00 GOPHER ACE 09/11/2023 121871 017402/1 101-45200-223 STORAGE TOTES Parks 127.96 GOPHER ACE 09/11/2023 121871 017402/1 101-45200-223 CHAINSAW CHAIN Parks 14.99 GOPHER ACE 09/11/2023 121871 D75992/1 101-42110-240 GARAGE REEL/ELECTRICAL Police Department 15.99 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121871:772.11 GOPHER STATE ONE CALL 09/11/2023 121872 3080659 602-49450-227 SPLIT DISTRIBUTION Sewer 549.45 Total 121872:549.45 GRAINGER INC 09/11/2023 121873 9823809604 601-49400-405 SUPPORTS FOR BRINE MAKER 24.08 Total 121873:24.08 HEATHER GEHLEN 09/11/2023 121874 2023.08 HEA 101-42110-439 CITY PICNIC/HEATHER G Police Department 45.10 Total 121874:45.10 HOLIDAY COMPANIES 09/11/2023 121875 0796010923 101-42110-402 CAR WASHES / HOLIDAY Police Department 280.50 Total 121875:280.50 IN CONTROL INC.09/11/2023 121876 S-INV00885 601-49400-405 SCADA SERVICE 700.00 Total 121876:700.00 JEFF MCCALL CONSTRUCTION 09/11/2023 121877 2023.08 RAS 101-22205 ESCROW REFUND - RAS22-000050 - 1155 HERIT 1,000.00 JEFF MCCALL CONSTRUCTION 09/11/2023 121877 2023.08 RPS 101-22205 ESCROW REFUND - RPS22-000141 - 1155 HERIT 1,000.00 Total 121877:2,000.00 JOE VALDES 09/11/2023 121878 2023.08 LA2 101-22205 ESCROW REFUND - LA22-000068 - 2815 CASCO 700.00 Total 121878:700.00 KENNETH BECK 09/11/2023 121879 2023.08 - KE 101-42110-437 TRAINING MEAL REIMBURSEMENT/BECK Police Department 12.36 Total 121879:12.36 LAKE MTKA CONSERVATION DI 09/11/2023 121880 2023Q3ORO 651-49910-433 3RD QTR 2023 LEVY PMT Storm Water 10,200.50 Total 121880:10,200.50 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LEAGUE OF MN CITIES INS TR 09/11/2023 121881 2023.09 703-49960-361 COMP MUNICIPAL LIABILITY INS 50,387.00 Total 121881:50,387.00 LOGIS 09/11/2023 121882 53974 101-42110-310 POLICE RECORDS Police Department 8,119.00 LOGIS 09/11/2023 121882 53974 710-49970-329 INTERNET 600.00 LOGIS 09/11/2023 121882 53974 101-41900-221 HOSTED BACKUPS Central Services 1,125.00 LOGIS 09/11/2023 121882 53974 710-49970-311 HOSTED SERVERS 1,399.00 LOGIS 09/11/2023 121882 53974 710-49970-311 HOSTED COMPLIANCE ARCHIVE 537.00 LOGIS 09/11/2023 121882 53974 710-49970-311 HOSTED WATCHGUARD 650.00 LOGIS 09/11/2023 121882 53974 710-49970-401 FIBER SERVICES 163.00 Total 121882:12,593.00 Lyn-Mar Printing 09/11/2023 121883 45717 101-45210-201 GOLF SCORE CARDS Golf Course 1,062.00 Total 121883:1,062.00 METROPOLITAN COUNCIL ENVI 09/11/2023 121884 0001162023 602-49450-383 WASTWATER SERVICE 10/2023 Sewer 63,916.11 Total 121884:63,916.11 MIELKE, RICHARD 09/11/2023 121885 2023.09 101-45210-226 BOOT REIMBURSEMENT (RICK MIELKE)Golf Course 259.00 Total 121885:259.00 MINNEAPOLIS OXYGEN COMPA 09/11/2023 121886 00114511 101-42110-221 MEDICAL OXYGEN Police Department 141.17 MINNEAPOLIS OXYGEN COMPA 09/11/2023 121886 00114512 101-42110-221 MEDICAL OXYGEN Police Department 20.43 Total 121886:161.60 MOUND TRUE VALUE 09/11/2023 121887 188749 101-42110-201 MISC SUPPLIES/FOR SQUAD Police Department 7.58 Total 121887:7.58 Newegg Business Inc 09/11/2023 121888 1304623836 710-49970-221 LAPTOPS 1,341.98 Newegg Business Inc 09/11/2023 121888 1304625103 710-49970-221 DOCKING STATION 469.86 Total 121888:1,811.84 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NORTHERN STAR EXPLORING 09/11/2023 121889 2023/24 EXP 101-42110-229 EXPLORER PROGRAM ANNUAL Police Department 630.00 Total 121889:630.00 NOVA COMMUNICATIONS INC 09/11/2023 121890 170346 710-49970-401 PHONE SUPPORT 47.50 NOVA COMMUNICATIONS INC 09/11/2023 121890 170388 101-41900-401 PHONE SUPPORT - PHONE TREE Central Services 95.00 Total 121890:142.50 OTTEN BROTHERS 09/11/2023 121891 1-1761640 101-41900-404 CITY HALL LANDSCAPING Central Services 335.14 Total 121891:335.14 RISTAD, DONALD & CASSIDY, K 09/11/2023 121892 2023.09.06 R 999-10015 UB REFUND - 1005 OLD LONG LAKE RD 110.55 Total 121892:110.55 RITEWAY BUSINESS FORMS 09/11/2023 121893 23-00986 602-49450-201 UB BILL - PAPER STOCK Sewer 162.92 RITEWAY BUSINESS FORMS 09/11/2023 121893 23-00986 601-49400-201 UB BILL - PAPER STOCK 162.92 RITEWAY BUSINESS FORMS 09/11/2023 121893 23-00986 651-49910-201 UB BILL - PAPER STOCK Storm Water 162.92 Total 121893:488.76 RYAN AUTO MALL 09/11/2023 121894 705748 101-42110-402 SQUAD REPAIR/269 Police Department 1,530.13 Total 121894:1,530.13 SAINT CROIX SEWER SERVICE, 09/11/2023 121895 2023.08 SE2 101-22205 ESCROW REFUND - SE22-000007 2640 WATERT 1,000.00 Total 121895:1,000.00 SECOND NATURE GRAPHICS 09/11/2023 121896 477 651-49910-201 INDICIA WINDOW ENVELOPES Storm Water 129.00 SECOND NATURE GRAPHICS 09/11/2023 121896 477 602-49450-201 INDICIA WINDOW ENVELOPES Sewer 129.00 SECOND NATURE GRAPHICS 09/11/2023 121896 477 601-49400-201 INDICIA WINDOW ENVELOPES 129.00 Total 121896:387.00 SiteOne Landscape Supply LLC 09/11/2023 121897 134037230-0 101-45200-216 WETTING AGENT Parks 555.00 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121897:555.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1643515 101-42110-226 UNIFORMS/LANGE Police Department 99.98 STREICHERS POLICE EQUIP 09/11/2023 121898 I1643769 101-42110-226 UNIFORMS/VARGAS Police Department 276.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1643783 101-42110-226 UNIFORMS/SPENCER Police Department 283.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1643865 101-42110-226 UNIFORMS/PATCHES Police Department 448.50 STREICHERS POLICE EQUIP 09/11/2023 121898 I1644041 101-42110-226 UNIFORMS/IZZY Police Department 49.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1644043 101-42110-226 UNIFORMS/VAUGHTER/SCHREMPP Police Department 109.98 STREICHERS POLICE EQUIP 09/11/2023 121898 I1644044 101-42110-226 UNIFORMS/KKBECK Police Department 104.98 STREICHERS POLICE EQUIP 09/11/2023 121898 I1644217 101-42110-226 UNIFORMS/VARGAS/BALL VEST Police Department 1,506.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1644678 101-42110-228 AMMO/PRACTICE/9MM Police Department 2,410.64 STREICHERS POLICE EQUIP 09/11/2023 121898 I1644745 101-42110-226 UNIFORMS/FARNIOK Police Department 60.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1644866 101-42110-226 UNIFORMS/MCCOY Police Department 79.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1645476 101-42110-226 UNIFORMS/VARGAS Police Department 207.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1646784 101-42110-226 UNIFORMS/SPENCER/BALL VEST Police Department 1,506.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1647149 101-42110-226 UNIFORMS/SCHWARZ Police Department 798.94 STREICHERS POLICE EQUIP 09/11/2023 121898 I1647172 101-42110-226 UNIFORMS/SZCZEPANIK Police Department 219.98 STREICHERS POLICE EQUIP 09/11/2023 121898 I1647911 101-42110-226 UNIFORMS/WITTKE Police Department 12.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1648158 101-42110-226 UNIFORMS/SPENCER Police Department 39.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1648159 101-42110-226 UNIFORMS/VARGAS Police Department 60.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1648160 101-42110-226 UNIFORMS/SPENCER Police Department 99.98 STREICHERS POLICE EQUIP 09/11/2023 121898 I1648161 101-42110-226 UNIFORMS/SPENCER Police Department 409.97 STREICHERS POLICE EQUIP 09/11/2023 121898 I1648195 101-42110-226 UNIFORMS/STURM Police Department 91.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1648658 101-42110-226 UNIFORMS/SONNEK/PATCH ORDER Police Department 1,000.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1648803 101-42110-226 UNIFORMS/SPENCER Police Department 84.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1648948 101-42110-226 UNIFORMS'SZCZEPANIK Police Department 35.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1649891 101-42110-226 UNIFORMS/SCHWARZ Police Department 106.97 STREICHERS POLICE EQUIP 09/11/2023 121898 I1649986 101-42110-226 UNIFORMS/IZZY Police Department 270.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1650204 101-42110-226 UNIFORMS/MCCOY Police Department 54.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1650332 101-42110-226 UNIFORMS/WITTKE/BADGE ORDER Police Department 132.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1650499 101-42110-226 UNIFORMS/SPENCER Police Department 123.98 STREICHERS POLICE EQUIP 09/11/2023 121898 I1650500 101-42110-226 UNIFORMS/SPENCER Police Department 53.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1651073 101-42110-226 UNIFORMS/WITTKE/BADGE ORDER Police Department 531.96 STREICHERS POLICE EQUIP 09/11/2023 121898 I1651091 101-42110-226 UNIFORMS/PALM Police Department 494.94 STREICHERS POLICE EQUIP 09/11/2023 121898 I1651093 101-42110-226 UNIFORMS/PALM Police Department 94.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1651165 101-42110-226 UNIFORMS/BENIEK Police Department 153.96 STREICHERS POLICE EQUIP 09/11/2023 121898 I1651231 101-42110-226 UNIFORMS/BEN LANGLAND-JOHNSON Police Department 11.99 STREICHERS POLICE EQUIP 09/11/2023 121898 I1651759 101-42110-226 UNIFORMS/SPENCER Police Department 63.00 STREICHERS POLICE EQUIP 09/11/2023 121898 I1652213 101-42110-226 UNIFORMS/IZZY Police Department 54.99 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 121898:12,144.64 THEISEN, BENJAMIN 09/11/2023 121899 08172023 101-43000-226 PPE BOOTS Public Works Department 50.80 Total 121899:50.80 THOMAS REUTERS - WEST 09/11/2023 121900 848547975 101-42110-311 DATA PROCESSING/THOMSON REUTERS Police Department 302.99 THOMAS REUTERS - WEST 09/11/2023 121900 848860483 101-42110-311 DATA PROCESSING/THOMSON REUTERS Police Department 302.99 Total 121900:605.98 THOMPSON, KEVIN & DEBORA 09/11/2023 121901 2023.09 90 999-10015 UB REFUND - 90 MYRTLEWOOD RD 822.59 Total 121901:822.59 TimeSaver Off Site Secretarial Inc 09/11/2023 121902 M28509 101-41110-439 CC MEETING MINUTES Mayor & Council 196.75 TimeSaver Off Site Secretarial Inc 09/11/2023 121902 M28509 101-45200-319 PC MINUTES Parks 196.75 Total 121902:393.50 UNIFIRST CORPORATION 09/11/2023 121903 1410000942 101-41900-223 LAUNDRY SERVICE Central Services 29.84 UNIFIRST CORPORATION 09/11/2023 121903 1410006345 101-41900-223 LAUNDRY SERVICE Central Services 34.92 UNIFIRST CORPORATION 09/11/2023 121903 1410007663 101-41900-223 LAUNDRY SERVICE Central Services 108.79 UNIFIRST CORPORATION 09/11/2023 121903 1410770731 101-41900-223 LAUNDRY SERVICE Central Services 96.71 UNIFIRST CORPORATION 09/11/2023 121903 1410775923 101-41900-223 LAUNDRY SERVICE Central Services 96.71 Total 121903:366.97 VERIZON WIRELESS 09/11/2023 121904 9941715480 101-41900-321 VEZION/ARLO Central Services 160.04 Total 121904:160.04 WASTE MANAGEMENT RECYC 09/11/2023 121905 0106141-280 603-49500-316 RECYCLING 9/2023 17,963.40 WASTE MANAGEMENT RECYC 09/11/2023 121905 0106141-280 603-49500-301 RECYCLING 9/2023 ORGANICS 86.81 WASTE MANAGEMENT RECYC 09/11/2023 121905 0106141-280 603-49500-301 ADMINISTRATIVE FEES 8.50 Total 121905:18,058.71 METROPOLITAN COUNCIL- SAC 08/28/2023 201303 2023.07 SAC 101-20809 SAC 07/2023 4,970.00 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount METROPOLITAN COUNCIL- SAC 08/28/2023 201303 2023.07 SAC 101-39610 SAC 07/2023 49.70- Total 20130374:4,920.30 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 101-37980 SALES TAX 7/2023 1.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 601-39610 SALES TAX 7/2023 123.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 602-20806 SALES TAX 7/2023 1,325.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 101-37910 SALES TAX 7/2023 5,060.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 101-37920 SALES TAX 7/2023 2,259.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 101-37940 SALES TAX 7/2023 215.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 101-37960 SALES TAX 7/2023 110.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 101-37970 SALES TAX 7/2023 11.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 101-37980 SALES TAX 7/2023 53.00 MN DEPT OF REVENUE-WIRE 08/28/2023 201303 2023.07 SAL 101-37930 SALES TAX 7/2023 586.00 Total 20130375:9,743.00 MN PEIP C/O MMB FISCAL SER 08/28/2023 201303 1302930 601-49400-135 HEALTH INSURANCE 9/23 784.74 MN PEIP C/O MMB FISCAL SER 08/28/2023 201303 1302930 101-21706 HEALTH INSURANCE 9/23 63,034.65 MN PEIP C/O MMB FISCAL SER 08/28/2023 201303 1302930 101-42110-135 HEALTH INSURANCE 9/23 Police Department 784.74 Total 20130376:64,604.13 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 AC 101-41110-439 COUNCIL FOOD Mayor & Council 160.35 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 AC 101-41110-439 COUNCIL FOOD Mayor & Council 125.14 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 AC 101-41110-439 COUNCIL FOOD Mayor & Council 10.98 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 AC 101-41110-439 COUNCIL FOOD Mayor & Council 27.98 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 AW 101-42110-439 DEPT PROGRAMS/FUEL/DRUG TEST KITS Police Department 275.36 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 CF 101-42110-439 POLICE COMMISION ITEMS Police Department 37.99 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 CF 101-42110-433 PELOTON MONTHLY FEE Police Department 47.32 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 CF 101-42110-439 LUNCH WITH INTERN Police Department 33.95 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 CF 101-42110-201 POLICE ID'S Police Department 100.00 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 CF 101-42110-439 WMDTF MEETING Police Department 23.41 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 CF 101-42110-437 AIR FARE IACP - FARNIOK Police Department 787.80 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 DG 101-43000-403 CHAINSAW REPAIR OIL PUMP Public Works Department 70.49 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 DG 701-49800-215 REPAIR PARTS FOR PD RANGER 193.94 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 DK 710-49970-416 MOVE-IT SOFTWARE 161.13 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 DK 710-49970-221 DRONE AND BRUSH SITE ITEMS 173.58 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 JL 101-45200-404 WATER FOUNTAIN REPLACEMENT PARTS Parks 434.41 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 JL 101-45210-404 SOD Golf Course 203.75 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 8/28/2023 - 9/11/2023 Sep 07, 2023 02:46PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 09/11/2023 201303 2023.08 JL 101-41900-404 WATER FILTERS Central Services 91.52 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 JL 101-45210-437 PESTICIDE LICENSE Golf Course 20.45 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 JL 101-41900-201 CITY HALL BRITA FILTER Central Services 43.92 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 JL 101-45210-223 PROXIMITY MARKERS Golf Course 59.95 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 JV 101-42260-437 EM TRAINING Fire Protection Services 200.00 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 JV 101-42260-226 ORONO FIRE SHIRTS Fire Protection Services 379.75 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 RO 101-41500-433 MN GFOA MEMBERSHIP - HENTGES Finance Department 70.00 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 RO 101-41500-437 MN GFOA CONFERENCE - HENTGES Finance Department 250.00 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 RO 101-43290-800 CLIP-ART LICENSE - NEWSLETTER Special Projects-Contingencies 675.00 CARDMEMBER SERVICE 09/11/2023 201303 2023.08 SO 601-49400-405 PLANTINGS FOR 2032 SHADYWOOD WATER BR 260.08 Total 20130377:4,918.25 CIRCLE K 09/11/2023 201303 912685589 101-43000-212 NON OXY GAS FOR MIX (SMALLTOOLS)Public Works Department 58.40 Total 20130378:58.40 SQUARE SERVICES 09/11/2023 201303 FEE 09.01.2 101-41900-312 FEE Central Services 35.00 Total 20130379:35.00 Grand Totals: 2,100,583.40 AGENDA ITEM Prepared By: J. Lemons Reviewed By: AMC Approved By: 1. Purpose. The purpose of this agenda item is to gain approval of seasonal employee hiring. 2. Background. The city hires seasonal and part time employees to accomplish a variety of tasks. The hourly pay is proposed to be $14.00-$15.00 for the Golf Course Clubhouse Attendants, Brush Site Attendants, and Sledding Attendants; $14.00-$18.00 for Parks and Golf Course Maintenance Employees, $14.00-$18.00 for Public Works Maintenance Workers, and $14.00-$16.00 for Temporary/Part-Time Administrative Scan Clerk. Seasonal employees fall under the 6-month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. Name Position Wage (Per hour) Remarks Requested September 11, 2023 Jeff Peterhans Golf Maintenance $15.00 New Hire 4. Staff Recommendation. Staff recommends approval to hire of the seasonal and temporary/part-time employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the temporary employee as listed in the table above. Item No.: 5 Date: September 11, 2023 Item Description: Appointment of 2023 Seasonal Employees V6 Presenter: Joshua Lemons Parks & Golf Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of the action item is to forecast future work session agendas. 2. Background / Summary. The Official Meetings Calendar adopted by the Council establishes a work session meeting at 5 PM on the same days as regular council meetings which begin at 6 PM. 3. Next Work Session. The City Clerk and select department heads will provide an update on the re- codification efforts. 4. Proposed Future Topics. This is an opportunity for council members to propose and agree to future work session topics. 5. Work Session Items. The table below depicts topics for works sessions. Those shaded have already occurred. Those in the future are proposed. Date Subject Date Subject 9 Jan 23 -THC License discussion - Navarre Parking Lot Funding 10 Jul 23 Cannabis Legislation Update 23 Jan 23 None-Mtg Cancelled 24 Jul 23 - General Fund Budget Update 13 Feb 23 - Brush and Leaf Disposal - City Council -Staff Procedures 14 Aug 23 - Average Lakeshore Setbacks 27 Feb 23 - City Council -Staff Procedures - Park Commissioner interviews 28 Aug 23 - Enterprise Budgets Update - UTVs on City Streets 13 Mar 23 -No items -Cancelled 11 Sep 23 - Preliminary Levy/Budget 21 Mar 23 - Planning Commissioner interviews-if needed 25 Sep 23 - Recodification update 10 Apr 23 - 2024 Street Maintenance 9 Oct 23 - CIP Update 24 Apr 23 - Retaining Wall Discussion - Planning & Park Commission Interview 23 Oct 23 - Draft Capital Improvement Plan 8 May 23 - 2024 Street Maintenance Part II - Draft Fire Needs Study Report 13 Nov 23 - Recodification Update 22 May 23 - Retaining Wall Discussion Part II 27 Nov 23 - Fee Schedule Update 12 Jun 23 - 4PM Start- Council Interviews - THC Legislation Update - Preliminary Budget Guidance 11 Dec 23 - Community Survey Discussion 26 Jun 23 - Preliminary Budget Guidance - - THC Legislation Update 6. Staff Recommendation. I recommend holding the next Work Session as scheduled. COUNCIL ACTION REQUESTED Move hold the next work session as scheduled. Item No.: 6 Date: September 11, 2023 Item Description: Next Work Session Draft Agenda Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda Prepared By: Reviewed By: AMC Approved By: 1. Purpose. The purpose of this action item is to award the Tonkawa-Partenwood Forcemain Replacement Project. 2. Background. In January of 2022 Council approved the design of the Tonkawa Force Main replacement project. The project was awarded on July 10, 2023 to Bituminous Roadways, Inc. 3. Scope. a. Project Scope. The project includes the replacement of 1630 feet of Sanitary Forcemain along Tonkawa Road and 1500 feet of forcemain along Partenwood Road. b. Change Order Scope. The change order includes the removal and replacement of the dual pump manifolds wyes on both lift station 27 and lift station 29. 4. Cost. The change order results in a cost of $6535.00 Who Work Cost Status Bolton &Menk, Inc Design and Engineering $ 73,000.00 Not to exceed, previously approved Bolton &Menk, Inc Construction Oversight $ 10,000.00 Not to exceed Bituminous Roadways Inc. Construction $ 738,847.00 Awarded Bituminous Roadways Inc. Change Order 1. $6535.00 Total $828,382.00 5. Funding. The forcemain replacement project will be funded by a combination of the sanitary sewer fund and ARPA funding. The projected 2023 year-end balance for the Sewer Fund is $1,176,080. 6. Staff Recommendation. I recommend approval of the change order. Both were uncovered early in the project and were found to be suffering from corrosion. COUNCIL ACTION REQUESTED Motion to approve Change order #1 for the Tonkawa Forcemain Project in the amount of $6,535.00. Exhibits A. Change Order1 Item No.: 7 Date: September 11, 2023 Item Description: Tonkawa-Partenwood Forcemain Replacement (22-021) – Change Order 1 Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding a front yard setback variance for a 350 square foot garage addition. 2. MN§15.99 Application Deadline. N/A. 3. Background/ Summary. On July 10, 2023 via Resolution No. 7382, the Council granted a front yard setback variance to permit a 14’ x 25’ garage addition to be constructed 46 feet from the front property line where a 50-foot setback is required. The variance approval was based on a scaled site plan submitted by the applicant. Upon submittal of a building permit application using an updated certificate of survey (as required for home additions) it was determined that the garage addition would be set back 44.9 feet from the front property line, not 46 feet as previously shown. The new setback request is the result of using an old survey and an aerial image for the land use application both of which are not as accurate as a certified survey. The practical difficulties identified in Resolution 7382 still apply to the project including the corner lot configuration, the location of the wetland on the property, and the orientation of the existing home on the property and with respect to the road. The garage addition is heavily screened and the updated setback is reasonable for the use of the property. 4. Variance Description. The owners are requesting the Council consider amending Resolution No. 7382 to permit the addition to be constructed 44.9 feet from the property line to account for the inaccurate site plan. 5. Staff Recommendation. Planning Staff recommends approval. COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7396 attached as Exhibit A. Exhibits A. Draft Resolution No. 7396 B. Plans and Survey C. Resolution No. 7382 References Council Packet 07/10/2023 PC Packet 06/20/2023 Item No.: 8 Date: September 11, 2023 Item Description: LA23-000024, Sarah & Kevin Revering, 1960 Fox Ridge Road, Variance – Resolution No. 7396 amending Resolution No. 7396 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7396 1 A RESOLUTION AMENDING RESOLUTION NO. 7382 WHICH GRANTS A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. LA23-000024 WHEREAS, on May 16, 2023, Kevin Revering and Sarah Revering, a married couple, (hereinafter the “Applicants”), applied for a variance from the City Code for the property addressed 1960 Fox Ridge Road and legally described as: Lot 7, Block 1, Fox Ridge, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, on July 10, 2023 via Resolution No. 7382, the Applicants received approval of a front yard setback variance from Orono Municipal Zoning Code Section 78-420 to allow a garage addition 46 feet from the front property line where a 50-foot setback is required and a 56.9-foot setback currently exists; and WHEREAS, the Applicants have requested an amendment to Resolution No. 7382 regarding a minor modification to the approved plans reflecting a setback of 44.9 feet from the lot line where a 46-foot setback was previously approved; WHEREAS, The Applicants’ proposed addition did not change dimensions or location, however an annotated site plan was submitted for the variance approval. The updated survey more accurately depicts the property lines and setback to-scale; and WHEREAS, the City Council’s decision was based on the findings and recommendation of the Planning Commission, reports by City staff, comments from the Applicant and the public, and the effect of the proposed variance on the health, safety, and welfare of the community as well as the impact on the properties in the vicinity. NOW THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the amended plans attached as Exhibit A. CONCLUSIONS, ORDER AND CONDITIONS: C1. The original approvals granted with Resolution No. 7382 remain in place. The approved project shall conform to the attached, revised plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7396 2 C2. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. C3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (July 10, 2024). C4. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of September, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Anna Carlson, City Clerk X X X X X X X X X X X XSBROWN ROAD FOX RIDGE ROADHENNEPIN COUNTY02040NOTESSite Address: 1960 Fox Ridge Road, Orono, MN 553561)Parcel Area Information: 44,979 sq. ft. ~ 1.03 acres2)Utilities: Underground utilities shown hereon are by observed evidence only. We have not placed a Gopher StateOne Call for this survey. There may or may not be underground utilities in the mapped area, therefore extremecaution must be exercise before any excavation takes place on or near this site. It is the clients responsibility tocreate a Gopher State One Call ticket.4)Bearing shown hereon are based on the HennepinCounty Coordinate System (NAD83-1986). Platbearings are localized to this bearing basis.SCALE IN FEETI hereby certify that this survey, planor report was prepared by me or undermy direct supervision and that I am aduly licensed land surveyor under thelaws of the State of Minnesota. Datedthis 10th day of August, 2023.___________________________________David B. PembertonMinnesota License No. 40344ONLY THE CONTRACT CLIENT HASAUTHORIZATION TO DISTRIBUTE/USE THISHARDCOPY SURVEY OR CADD FILE IN IT'SCURRENT FORM FOR ITS ORIGINAL INTENDEDPURPOSE. ANY SUBMITTAL OF THIS SURVEY TOANY 3 PARTY FOR PERMITTING OF ANY KINDSHALL BE MADE ONLY IN THE NAME OF THECLIENT, OR CLIENTS REPRESENTATIVE ASNAMED HEREON. THE MODIFICATION OF THISHARDCOPY SURVEY/ EXHIBIT OR CADD FILE ISPROHIBITED WITHOUT AUTHORIZATION FROM45 NORTH COMPANY, LLC.Fence Line Boundary Line Fence ties are shown on theside of the boundary line thatthe fence is located on.PARCEL LEGAL DESCRIPTIONLot 7, Block 1, FOX RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota.13401 Preston RoadMinnetonka, Minnesota 55345Tel: 612-597-0453www.45NorthLS.com45NorthLandSurveying@gmail.com SHEET 1 OF 1 SEC.03 TWP.117 RNG. 23.LEGAL DISTRIBUTIONSUBMITAL/REVISIONCERTIFICATIONVICINITY MAPCERTIFICATEOFSURVEYPREPARED FOR:REVERINGRESIDENCESITETITLE COMMITMENT NOTE: No title commitment or title opinion was provided as part ofthis survey. Easements dedicated on the plat are shown hereon. Other easements may existthat we are unaware of without documentation provided by the client.5)COLEGENDWTREE IDENTIFICATION NOTE: Trees shown hereon were identified with the PictureThis treeidentification application and are deemed reliable and 45 North Land Surveying LLC does notpurport to represent said information as identified by a Licensed Arborist.6)Original Survey dated: 8/10/23 JOB #: 23-086Benchmark: Elevations are based on Hennepin County Control Point Darleen which has anelevation of: 972.73 feet (NAVD88).3)HARDCOVER DATAEXISTING: House - 2,623 sq. ft.Shed - 125 sq. ft.Driveway - 1,368 sq. ft.Pavers - 327 sq. ft.Deck - 365 sq. ft.Total: 4,808 sq. ft. / 44,979 sq. ft. = 10.7%±PROPOSED:House - 2,623 sq. ft.Shed - 125 sq. ft.Driveway - 1,368 sq. ft.Pavers - 327 sq. ft.Deck - 365 sq. ft.Garage Addition - 350 sq. ft.Driveway Addition - 465 sq. ft.Total: 5,623 sq. ft. / 44,979 sq. ft. = 12.5%±Hardcover Note ~ 08/14/23Resolution No. 7396 Exhibit A X X X X X X X X X X X X WWWWW W W W 972.9 972.7 972.8 973.2 973.5 973.9 973.3 973.2 972.9 972.6 971.8 971.5 970.5 968.9 968.4 968.2 972.1 971.6 971.3 972.5 972.1 971.6 971.7 971.7 971.8 971.8 971.6 971.7 971.7 971.6 971.5 963.9 963.1 963.7 971.4 971.7 971.8 963.8 963.7 964.1 963.9 971.4 973.2 973.5 973.8 974.1 968.4 968.7 970.7 972.2 972.9 973.7 97 2 . 3 97 2 . 3 970.6 970.3 963.3 962.6 963.1 963.2 963.3 962.0 972.3 FFE 973.0 FIP 1/2" OPEN 971.9 FIP 1/2" OPEN 968.2 FIP 1/2" OPEN 962.0 FIP 1/2" OPEN 964.2 FIP 1/2" SOLID 970.6 GFE 962.0 965.3 964.2 964.9 964.2962.5 960.8 964.7 970.4 969.9 971.0 971.9 963.6 963.7 962.9 962.6 962.6 963.0 963.5 967.8 970.7 964.1 GUY WIRE 964.4 PP 960.5 RCP 1/2 FULL 965.0 965.1 965.6 972.6 972.1 972.2 972.1 972.1 975.4 974.6 968.6 964.8 971.4 15" SPRUCE 971.9 15" SPRUCE 972.0 15" SPRUCE 963.8 12" GINKO 968.3 2-7" PLUM 970.2 964.2 WOE 959.7 959.6 959.3 959.1 958.7 958.6 958.7 961.5 PP 971.6 >>>>>>>>>>960.1 RCP 960.5 RCP>>>>>>972.9 FFE WW 962.2 961.7 961.2 961.0 961.4 S 962.4 SEPTIC MH? 961.5 962.6 963.9 966.9 967.9 969.1 OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU 967.1 8" SPRUCE EXISTING HOUSE SHED CHAINLINK FENCE~WOODED AREA ~~WOODED AREA ~~WOODED AREA ~ ~WOODED AREA ~ ~ WO O D E D A R E A ~ N0 0 ° 2 7 ' 3 2 " E 2 0 3 . 7 2 N89°51'50"W 232.37(M ) 2 3 3 . 6 8 ( P ) POND EDGE OF VEGETATION CHANGE S0 0 ° 0 5 ' 1 0 "W 16 5 . 0 0 S89°54'50"E 27.00 L= 3 1 . 4 2 R= 2 0 . 0 0 Δ= 9 0 ° 0 0 ' 0 0 " L= 1 2 8 . 5 7 R= 6 5 0 . 0 0 Δ=1 1 ° 2 0 ' 0 0 " L= 5 9 . 3 4 R= 3 0 0 . 0 0 Δ= 1 1 ° 2 0 ' 0 0 " DECK BROWN ROADFOX RIDGE ROAD TREE LINETREE LINETREE LINETREE L I N E 962.5 96096296496 4 96 6 96 8 97 0 97 4 97 0 96 8 97 2 96 6 96 4 96096 2970972 97 2 33 33 2 5 2 5 10 10 1010DR A I N A G E P E R F O X R I D G E DRAINAGE PER FOX RIDGE LA N D S C A P I N G LA N D S C A P I N GLANDSCAPING0. 3 11.40. 2 5.05. 7 2. 6 4. 92.62. 6 2.04. 5 22 . 6 44.724 . 9 5.019 . 8 4.822 . 638.723 . 8 5.27.014 . 025.025.014 . 0 PROPOSEDGARAGE ADDN.44.9 FO X R I D G E BLOCK 1 LOT 7 LOT 6 LOT 1 18" S T O RM S E W E R 18 " S T O R M S E W E R AC E G OH U OH U OH U OH U OH U 33.256.9 968970APPROX. PROP.DRIVEWAYHENNEPIN COUNTY 0 20 40 CALL BEFORE YOU DIG! TWIN CITY AREA: TOLL FREE:1-800-252-1166 651-454-0002 Gopher State One Call NOTES Site Address: 1960 Fox Ridge Road, Orono, MN 553561) Parcel Area Information: 44,979 sq. ft. ~ 1.03 acres2) Utilities: Underground utilities shown hereon are by observed evidence only. We have not placed a Gopher StateOne Call for this survey. There may or may not be underground utilities in the mapped area, therefore extremecaution must be exercise before any excavation takes place on or near this site. It is the clients responsibility tocreate a Gopher State One Call ticket. 4) Bearing shown hereon are based on the Hennepin County Coordinate System (NAD83-1986). Platbearings are localized to this bearing basis. SCALE IN FEET I hereby certify that this survey, planor report was prepared by me or undermy direct supervision and that I am aduly licensed land surveyor under thelaws of the State of Minnesota. Datedthis 10th day of August, 2023. ___________________________________David B. PembertonMinnesota License No. 40344 ONLY THE CONTRACT CLIENT HAS AUTHORIZATION TO DISTRIBUTE/USE THIS HARDCOPY SURVEY OR CADD FILE IN IT'S CURRENT FORM FOR ITS ORIGINAL INTENDED PURPOSE. ANY SUBMITTAL OF THIS SURVEY TO ANY 3 PARTY FOR PERMITTING OF ANY KIND SHALL BE MADE ONLY IN THE NAME OF THE CLIENT, OR CLIENTS REPRESENTATIVE AS NAMED HEREON. THE MODIFICATION OF THIS HARDCOPY SURVEY/ EXHIBIT OR CADD FILE IS PROHIBITED WITHOUT AUTHORIZATION FROM 45 NORTH COMPANY, LLC.FenceLineBoundaryLine4± 2± Fence ties are shown on the side of the boundary line that the fence is located on. x x x x PARCEL LEGAL DESCRIPTION Lot 7, Block 1, FOX RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota. 13401 Preston Road Minnetonka, Minnesota 55345 Tel: 612-597-0453 www.45NorthLS.com 45NorthLandSurveying@gmail.com SHEET 1 OF 1 SEC.03 TWP.117 RNG. 23. LEGAL DISTRIBUTION SUBMITAL/REVISION CERTIFICATION VICINITY MAP CERTIFICATE OF SURVEY PREPARED FOR: REVERING RESIDENCE SITE TITLE COMMITMENT NOTE: No title commitment or title opinion was provided as part ofthis survey. Easements dedicated on the plat are shown hereon. Other easements may existthat we are unaware of without documentation provided by the client. 5) GROUND ELEVATION | > >> GATE VALVESIGN LIGHT POLE SANITARY MANHOLE POWER POLE HYDRANT STORM MANHOLE STORM DRAIN - SQUARE STORM SEWER SANITARY SEWER COMMUNICATION UNDERGROUND FIBER OPTIC UNDERGROUND FENCE WATERMAIN ELECTRIC UNDERGROUND CONCRETE AC C COMM. PEDESTAL TRANS TRANSFORMER T TELEPHONE PEDESTAL U UTILITY PEDESTAL E ELECTRIC MANHOLE TELEPHONE MANHOLE UTILITY MANHOLE ELECTRIC METER GAS METER H HAND HOLE TELEPHONE UNDERGROUND GAS UNDERGROUND UTILITY UNDERGROUND LANDSCAPE LIGHT GUY WIRE TRAFFIC SIGNAL CL RAILROAD TRACKS T U E G G GAS MANHOLE SOIL BORING TREE CONIFEROUS TREE DECIDUOUS OVERHEAD UTILITY DRAIN TILE CTV ELC FO GAS TEL UTL OHU DT X X STMH SMH FLARED END SECTION SURVEY MONUMENT SET SURVEY MONUMENT FOUND CAST IRON MONUMENT CONTOUR EXISTING CONTOUR PROPOSED BITUMINOUS GUARD RAIL SANITARY CLEANOUT W WELL SURVEY CONTROL POINT BUILDING SETBACK LINE A/C UNIT WALKOUT ELEVATION FIRST FLOOR ELEVATION GARAGE FLOOR ELEVATION WOE FFE GFE LOWEST OPENING ELEV.LOE TOP OF FOUNDATION ELEV.TOF STORM DRAIN - ROUND CO INVERT ELEVATION INV= GAS VALVE COMM. CONNECTIONC BSBL 972.5972.5LEGEND CURBSTOP W PROPOSED ELEVATIONx(972.5) x 972.5 TREE IDENTIFICATION NOTE: Trees shown hereon were identified with the PictureThis tree identification application and are deemed reliable and 45 North Land Surveying LLC does not purport to represent said information as identified by a Licensed Arborist. 6) Original Survey dated: 8/10/23 JOB #: 23-086 Benchmark: Elevations are based on Hennepin County Control Point Darleen which has anelevation of: 972.73 feet (NAVD88). 3) HARDCOVER DATA EXISTING: House - 2,623 sq. ft.Shed - 125 sq. ft.Driveway - 1,368 sq. ft.Pavers - 327 sq. ft.Deck - 365 sq. ft.Total: 4,808 sq. ft. / 44,979 sq. ft. = 10.7%± PROPOSED:House - 2,623 sq. ft. Shed - 125 sq. ft. Driveway - 1,368 sq. ft. Pavers - 327 sq. ft. Deck - 365 sq. ft. Garage Addition - 350 sq. ft. Driveway Addition - 465 sq. ft. Total: 5,623 sq. ft. / 44,979 sq. ft. = 12.5%± Hardcover Note ~ 08/14/23 Resol. No. 7382 Exhibit B LA23-000024 Resol. No. 7382 Exhibit B LA23-000024 AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding a front setback variance for a new stoop. 2. MN§15.99 Application Deadline. The application was received and was considered to be complete on July 17, 2023. Therefore the 60-Day review period expires on September 15, 2023. 3. Background/ Summary. The property owner constructed the home in approximately 1972 at the 30- foot front yard setback. The owner is updating the home including new siding. They have removed the existing minimal concrete stoop and hope to replace it with an 8’x 8’ deck. 4. Variance Description. The landing of the existing minimal stoop is situated at approximately 27 feet from the front property line; the new proposed stoop will be 22 feet from the front lot line. It is possible that, in the near future, the property owner will require accessibility accommodations including a ramp to access the home through the front door the proposed front deck would be permitted. However, as the applicant is not proposing the accessible ramp at this time the deck requires a setback variance. 5. Planning Commission Vote and Comment. On August 21st the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 5 to 0 on a motion for approval of the requested variance. 6. Public Comment. Comments from the public were received and are attached as Exhibit D. 7. Staff Recommendation. Planning Staff recommends approval. COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7397 attached as Exhibit A. Exhibits A. Proposed Resolution No. 7397 B. Proposed Plans C. Draft PC Minutes 08/21/2023 D. Public Comment E. PC Staff Report 08/21/2023 References PC Exhibits 08/21/2023 A. Application B. Practical Difficulties Documentation Form C. Survey D. Proposed Site Plan - Annotated E. Proposed Plans F. Submitted Hardcover Calculations G. Photos H. Neighbor Comments Item No.: 9 Date: September 11, 2023 Item Description: LA23-000038, Jack Evans JOAT Inc., o/b/o John “Jack” Weist, 1920 Concordia Street, Variance – Resolution No. 7397 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: I. Property Owners List J. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7397 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA23-000038 WHEREAS, on July 17, 2023, John E. Weist (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 1920 Concordia Street and legally described as: That part of Lots 15 and 25, Fagerness, described as follows: Beginning at Southeast corner of said Lot 15; thence Northerly to Northeast corner of said Lot 15; thence Westerly to Northwest corner of said Lot 15; thence Southwesterly along the Northwesterly line of said Lots 15 and 25 to a point distant 49 .42 feet Southwesterly from most Northerly corner of said Lot 25; thence Easterly to a point on East line of said Lot 25 distant 69 feet Southerly from the most Northerly corner of said Lot 25; thence Southeasterly to a point on South line of said Lot 15 distant 34.5 feet Easterly from Southwest corner of said Lot 15; thence Easterly to point of beginning, Hennepin County, Minnesota. (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78350 to allow a 22foot front setback for a new front deck/stoop where a 30foot setback is required; and WHEREAS, on August 21, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 21, 2023, the Planning Commission recommended approval of the variance; and WHEREAS, on September 11, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7397 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the abovementioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR1C One Family Lakeshore Residential Zoning District. A3. The Property contains 0.33 acres in area and has a defined lot width of 100 feet. A4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. A5. Applicant has applied for a Front Yard Setback Variance. A6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variance to construct an 8’x 8’ entry deck in place of a minimal stoop within the setback is in harmony with the purpose of the Ordinance. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance to permit a reasonable front entry stoop to encroach into the front yard setback is consistent with the comprehensive plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7397 3 B3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The owner’s request is reasonable and the minimum necessary to access the home considering their need for accessible accommodations in the future; b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Although the Applicant built the home, it was constructed prior to the current building setback requirements; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed 8’x 8’ deck/stoop will not alter the character of the neighborhood. B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earthsheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. B6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential accessory improvements are allowed uses in the LR1C District. B7. “The board or council may permit as a variance the temporary use of a onefamily dwelling as a twofamily dwelling.” This condition is not applicable. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The home was constructed in or about 1972. It is an existing condition on a nonconforming sized lot as it is constructed right up to the minimum 30foot setback line allowing for only a minimal stoop. This condition is peculiar to the Property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7397 4 B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” Many of the original cabins and homes in this neighborhood have been reconstructed. The existing original home on the Property is a unique condition. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The proposed 8’x 8’ deck is necessary as it preserves the owner’s right of use and enjoyment of the Property. B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” The variance will not impair health, safety, comfort or morals and will not be contrary to the zoning chapter. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variance requested is necessary as the home is constructed at the building setback line. The Applicant has indicated that the proposed deck will be appropriately sized to accommodate the necessary access ramp and will not merely serve as a convenience. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78350 to allow construction of an 8’ x 8’ front stoop/deck to be constructed 22 feet from the front property line where a 30foot setback is required; subject to the following conditions: C1. Council approval is based on the entire record, above Findings. C2. The approved project shall conform to the site plan and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. C3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. C4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (September 11, 2024). C5. Violation of or noncompliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7397 5 ADOPTED by the Orono City Council on this 11th day of September, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Anna Carlson, City Clerk MINUTES OF THE ORONO PLANNING COMMISSION August 21, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ 4. LA23-000038 JOAT LLC – JACK EVANS, 1920 CONCORDIA STREET, REQUESTS A FRONT YARD SETBACK VARIANCE TO CONSTRUCT A NEW FRONT STOOP. City Planner Curtis gave a presentation on the item, stating the property owner constructed the home at 1920 Concordia Street in approximately 1972. The home was built at the 30-foot front yard setback leaving little room for more than a minimal stoop. The applicant is proposing to remove the existing small concrete stoop and replace it with an 8 foot by 8-foot deck. The existing stoop is about 27 feet from front property line. The new proposed deck would be 22-feet from the line. The intent is to create a small outdoor space and to provide a larger landing to support an accessible ramp. The applicant has provided supporting documentation regarding practical difficulties. Staff finds the location of the existing home at the building setback line creates difficulties for supporting anything larger than the building-code required minimum 4 foot by 3-foot entry stoop. Letters and calls of support from neighbors have been received. Staff recommends approval as applied. Kathy Weist, 1920 Concordia Street, said her father lives at the address. He is 85 years old and although he can still walk, has a hard time getting up the step. All the neighbors are in support. Chair Bollis opened the public hearing at 6:48 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:48 p.m. McCutcheon said this application is pretty conservative and Minnesota winters get tough as people get older. Ressler said he had nothing else to add. Erickson said he is in favor. Erickson moved, McCutcheon seconded, to approve LA23-000038, 1920 Concordia St. Variances. VOTE: Ayes: 5, Nays 0. From:Jeffry Twidwell To:Melanie Curtis Subject:Support for Jack Weis at 1920 Concordia Date:Friday, August 11, 2023 10:21:54 AM We would like to give our support for approval of the variance request for 1920 Concordia Street. Jack and his family have been long standing, wonderful members of the Fagerness Point community. Jack exemplifies what all neighbors should be - quiet, kind, humble and caring. Jack's health issues limit his mobility and activities. This front stoop expansion will allow room for a chair on which Jack can sit every evening and sip his one Hamm's beer, greeting all as we walk by. I do not know of any neighbor who does not support the variance request. Please approve. Thank you. Jeff and Nancy Twidwell 1865 Concordia Street Date Application Received: 07/17/2023 Date Application Considered as Complete: 07/17/2023 60-Day Review Period Expires: 09/15/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 August 2023 Subject: #LA23-000038, Jack Evans JOAT Inc., o/b/o John “Jack” Weist, 1920 Concordia St, Variance Public Hearing Background The property owner constructed the home at 1920 Concordia Street in approximately 1972. The home was built at the 30-foot front yard setback leaving little room for more than a minimal stoop. The applicant is proposing to remove the existing minimal concrete stoop and replace it with an 8’x 8’ deck. The intent is to create a small outdoor space for the property owner to place chairs and to provide a larger landing to support the future-planned accessible ramp. Practical Difficulties Analysis Applicant Submittal Information: The applicant has provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the location of the existing home at the building setback line creates difficulties for supporting anything larger than the building-code required minimal 4’x 3’ entry stoop. LOT ANALYSIS WORKSHEET Section 78-350 – Setbacks: LR-1C Required Existing Proposed Front/Street 30’ 30’ house 22’ deck Rear 30’ ±25’ No change North Side 10’ ±50’ ±48’ South Side 10’ ±80’ ±80’ Section 78-350 – Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 14,485 s.f. (0.33 acre) 128’ Application Summary: The applicant is requesting a front yard setback variance to construct an 8’x 8’ front stoop deck. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000038 21 Aug 2023 Page 2 of 4 Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 14,485 s.f. (0.33 acre) Allowed: 2,897 s.f. (20%) Existing: 1,612 s.f. (11%%) Proposed: 1,612 s.f. (11%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 2 14,485 s.f. 4,345 s.f. (30 %) 2,577 s.f. (17.7%) 2,626 s.f. (18.1%) Applicable Regulations: Front Yard Setback Variance (Section 78-350) The home was constructed at the required 30-foot building setback leaving no room for more than the minimal required stoop of 3’x4’ within the setback. The landing for the existing minimal stoop is situated at approximately 27 feet from the front property line; the proposed stoop will be 22 feet from the front lot line. It is possible that, in the near future, the property owner will require accessibility accommodations including a ramp to access the home through the front door the proposed front deck would be permitted. However, as the applicant is not proposing the accessible ramp at this time the deck requires a setback variance. 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 variance to construct an 8’x 8’ entry deck in place of a minimal stoop within the setback is in harmony with the purpose of the Ordinance. FILE #LA23-000038 21 Aug 2023 Page 3 of 4 2. The variance is consistent with the comprehensive plan. The variance to permit a reasonable front entry stoop to encroach into the front yard setback is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the owner’s request is reasonable and the minimum necessary to access the home considering their need for accessible accommodations in the future; b. There are circumstances unique to the property not created by the landowner; although the owner built the home, it was constructed prior to our current building setback requirements; and c. The variance will not alter the essential character of the locality. The proposed 8’x 8’ deck/stoop will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential accessory improvements are allowed uses in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home was constructed in or about 1972. It is an existing condition on a non-conforming sized lot as it is constructed right up to the minimum 30-foot setback line allowing for only a minimal stoop. This condition is peculiar 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. Many of the original cabins and homes in this neighborhood have been reconstructed. The existing original home on the subject property is a unique condition. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed 8’x 8’ deck is necessary as it preserves the owner’s right of use and enjoyment of the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The variance will not impair health, safety, comfort or morals and will not be contrary to the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance requested is necessary as the home is constructed at the building setback line. The applicant has indicated that the proposed deck will be appropriately sized to accommodate the necessary access ramp and will not merely serve as a convenience to the owner. The Commission may recommend or Council may impose conditions in granting of variances. Any FILE #LA23-000038 21 Aug 2023 Page 4 of 4 conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Public comments have been received and are attached as Exhibit H. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the front yard setback variance as applied. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey Exhibit D. Proposed Site Plan - Annotated Exhibit E. Proposed Plans Exhibit F. Submitted Hardcover Calculations Exhibit G. Photos Exhibit H. Neighbor Comments Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. To approve an amendment to the Development Agreement for Crystal Bay Business Center documenting the change in responsible party. 2. MN§15.99 Application Deadline. Not applicable. 3. Background/ Summary. The city and the original developer of Crystal Bay Business Center (CBBC), Ryan Companies, entered into a Development Agreement on December 5, 2007. In 2018, the city approved reassignment of the CBBC development responsibilities from Ryan Companies to Crystal Cliff LLC. Shortly following, the property was sold from Crystal Cliff LLC to Old Crystal Bay LLC (Jake Barkley). In order to finalize the change in responsible parties Crystal Cliff LLC (the seller) is assigning their obligations under the Crystal Bay Business Center Development Agreement with the City to the buyer Old Crystal Bay LLC. Crystal Bay LLC has asked to assume the rights and obligations of the Development Agreement, as amended. In response to this request, the buyer’s attorney has drafted an Assignment agreement which in effect amends certain sections of the Development. No changes to land use or character of the project is amended. Mr. Barkley has already provided a replacement Letter of Credit in an acceptable format in the amount of $400,346.73 for the remaining improvements as contemplated by the terms of the attached Assignment, the City shall immediately return the Crystal Cliff LLC letter of credit. 4. Staff Recommendation. Staff recommends approval of the Assignment. COUNCIL ACTION REQUESTED Motion to accept the Assignment as drafted. Exhibits A. Assignment Agreement Item No.: 10 Date: September 11, 2023 Item Description: Assignment of Development Agreement – Crystal Bay Business Center Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda 1 ASSIGNMENT ASSIGNMENT made this day of September, 2023, by, between and among the CITY OF ORONO, a Minnesota municipal corporation ("City"), CRYSTAL CLIFF, LLC, a Minnesota limited liability company (“Developer”) and OLD CRYSTAL BAY, LLC, a Minnesota limited liability company (“Successor Developer”). RECITALS A. The City and Developer’s predecessor in interest (Ryan Companies US, Inc., a Minnesota corporation) entered into a Development Agreement for platting and development of Crystal Bay Business Center dated December 5, 2007, filed December 27, 2007, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. 4457476 and recorded December 27, 2007 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. 9079458, as amended by a Second Amendment to Development Agreement dated September 26, 2011, filed December 30, 2011, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T4914548 and recorded December 30, 2011 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. A9732423, and as amended by an Amendment to Development Agreement dated March 6, 2014, filed March 28, 2014 with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T05161145 and recorded April 24, 2014 with the Office of the County Recorder for Hennepin County, Minnesota, as Document No. A10073102 and as amended by a Fourth Amendment to Development Agreement dated September 9, 2014, filed September 22, 2014 with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T05201445 and recorded September 23, 2014 with the Office of the County Recorder for Hennepin County, Minnesota, as Document No. A10120033 (collectively, as amended, “Development Agreement”). B. Developer has requested the Development Agreement be assigned to Successor Developer for the property legally described as Lot 1, Block 1, Crystal Bay Business Center, Hennepin County, Minnesota, according to the recorded plat thereof (“Property”). C. Successor Developer has acquired the Property and has asked to assume the rights and 2 obligations of the Development Agreement. D. Paragraph 21.K. of the Development Agreement prohibits Developer from assigning the Development Agreement without written permission of the City Council. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. ASSIGNMENT. Developer’s rights and obligations under the Development Agreement (specifically including, without limitation, any and all modifications, restrictions or limitations thereof imposed by the above referenced Fourth Amendment to Development Agreement) are assigned to the Successor Developer subject to the terms of this Assignment. Successor Developer shall be responsible for all legal expenses related to this Assignment. Successor Developer accepts the assignment and agrees to be bound by the terms of the Development Agreement. 2. BINDING EFFECT. Successor Developer agrees to be bound by the Development Agreement to the same extent as if it had been the original party to the Development Agreement (as amended.) Successor Developer shall be responsible for all work previously performed by Developer under the Development Agreement. 3. CASH ESCROWS AND UNPAID BILLS. Cash escrows established by Developer for remaining work required under the Development Agreement are hereby assigned to Successor Developer. Any unpaid bills or obligations of Developer that are due or that may become due under the Development Agreement are assumed by Successor Developer. 4. NOTICES. Required notices to the Successor Developer shall be in writing, and shall be either hand delivered to Successor Developer, its employees or agents, or mailed to Successor Developer by registered mail at the following address: Old Crystal by, LLC Attn: Jake Barkley 3640 Bayside Road Orono, MN 55356. 5. EFFECTIVE DATE. This Assignment shall be effective when the City has received from Successor Developer: a certificate of insurance in the amount and on the form required by the Development Agreement and a letter of credit from a bank acceptable to the City for $400,346.73 as required by the Development Agreement replacing the letter of credit furnished by Developer. 6. RECORDING. This Assignment may be recorded against the Property and is binding upon the parties, their successors, heirs, and assigns. [Remainder of page intentionally left blank] [Signature pages to follow] 3 CITY OF ORONO By: Dennis Walsh, Mayor And Anna Carlson, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of September, 2023, by Dennis Walsh and by Anna Carlson, the Mayor and City Clerk 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 4 DEVELOPER: CRYSTAL CLIFF, LLC By: Clifford L. Otten, Its President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of September, 2023, by Clifford L. Otten, the Vice-President of Crystal Cliff, LLC, a Minnesota limited liability company, on its behalf. Notary Public 5 SUCCESSOR DEVELOPER: OLD CRYSTAL BAY, LLC By: Jacob Barkley, Its ________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of , 20 , by Jacob Barkley, the _______________ of Old Crystal Bay, LLC, a Minnesota limited liability corporation, on its behalf. Notary Public DRAFTED BY: SANFORD, PIERSON, THONE & STREAN, PLC 1905 East Wayzata Boulevard Suite 220 Wayzata, MN 55391 Telephone: (953) 404-2100 AGENDA ITEM Prepared By: LLO Reviewed By: Approved By: 1. Purpose. This application is regarding final plat approval for Swan Beach, a 2-lot plat. 2. MN§15.99 Application Deadline. The final plat application was received on July 18, 2023. The 120-Day subdivision review period expires on November 15, 2023. Background/ Summary. The property is 3.57 acres in area (155,509 square feet) and is located within the LR-1B one family rural residential zoning district which requires a minimum area of one per lot. The site currently has one single family home. The property is location on Lake Minnetonka and the Noerenberg Channel. The existing home has demolished a portion of a garage and the rest of the existing home is conforming within the newly created Lot 1. Lot 2 is vacant and the building pad creation and site grading will be done when lot is developed. 3. Project Description. The applicant is proposing to subdivide the property into two buildable lots. The property access North Shore Drive from a shared driveway over the existing entrance. The properties will be served with sanitary sewer and private wells. The proposed subdivision is consistent with respect to the character of the surrounding neighborhood. 4. Preliminary Plat Approval. On May 8th, 2023, the City Council reviewed the preliminary application and voted 4 to 0 in favor of approval. Resolution No. 7365 granting preliminary plat approval is attached as Exhibit D. 5. Public Comment. No comments from the public were received. 6. Staff Recommendation. Planning Staff recommends approval. COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7401 Exhibits A. Proposed Final Plat Resolution No. 4701 B. Plat of Swan Beach C. Preliminary Plat Resolution No. 7365 References Council Packet 05/08/23 PC Packet 04/17/23 2024 Comprehensive Plan Item No.: 11 Date: September 11, 2023 Item Description: LA23-000040, Swanson Homes, 3017 North Shore Drive - Final Plat Swan Beach – Resolution No. 7401 Presenter: Laura Oakden Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7401 1 A RESOLUTION APPROVING THE FINAL PLAT OF SWAN BEACH ON CRYSTAL BAY FILE NO. LA23-000040 WHEREAS, the City of Orono (hereinafter the “City”) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the Curt Swanson Homes, LLC (hereinafter the “Owner”) is the owner of the property addressed 3017 North Shore Drive which is described as follows: Lots 5 through 10 inclusive, Coronado Beach, Lake Minnetonka, together with the vacated alley as shown in said plat, Hennepin County, Minnesota. (hereinafter the “Property”); WHEREAS, Blake Swanson, Swanson Homes (hereinafter the “Developers”), have interest in the Property; and WHEREAS on March 21, 2023, the Developers applied for Preliminary Plat , LA23- 000015, approval to subdivide the Property into two buildable lots. WHEREAS, at its regular meeting on May 8,2023, the Orono City Council granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 7365; and WHEREAS, on July 18, 2023, the Developers submitted an application for final plat approval for the Property; and WHEREAS, the Developers have agreed to comply with all conditions of Resolution No. 7365 and has completed or has agreed to complete all other requirements of the platting regulations of the City. NOW, THEREFORE, BE IT RESOLVED, based upon the findings of Resolution No. 7365, the Orono City Council and the City of Orono does hereby approve the plat of SWAN BEACH ON CRYSTAL BAY, Hennepin County, Minnesota (a copy of which is attached as Exhibit A), subject to the following conditions: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7401 2 1) Development within SWAN BEACH ON CRYSTAL BAY is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 7365. 2) Dedication on the plat of the perimeter Drainage and Utility Easements as required in Resolution 7365. 3) Executed Driveway Easement and Maintenance Agreements. 4) Executed Trail Easement. 5) The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developers have been satisfied. 6) Minnehaha Creek Watershed District (MCWD) approved permits for the grading, stormwater management facilities, storm water pollution prevention plan (SWPPP) and erosion control plan shall be submitted. 7) A title opinion for the Property and certified copies of all recorded easements currently affecting the Property shall be submitted. 8) Payment of Development Fees Required: $65,571.01 a. City Sanitary Sewer Connection Fee: $5,800.00. b. Park Dedication Fee: $54,520.01 c. Stormwater and Drainage Trunk Fee: $5,250.00 9) Payment of the following are required at the time of building permit for Lot 1 and Lot 2, Block 1, SWAN BEACH ON CRYSTAL BAY: a. Sewer Connection Permit: $50.00 per lot (due at the time of individual building permits) b. Sewer Connection Inspection fee: $100 per lot (due at the time of individual building permits). c. Metropolitan Council SAC fee at the time of sewer connection. $2,485.00 due at time building permit. 10) The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director, and City Engineer that all requirements of the platting regulations have been satisfied. 11) The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before September 11, 2024, together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7401 3 12) Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of September, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor R.T.DOC.NO. __________SHEET 1 OF 2 SHEETSGRONBERG & ASSOCIATES, INC.ENGINEERS, LAND SURVEYORS, PLANNERSSWAN BEACH ON CRYSTAL BAYKNOW ALL PERSONS BY THESE PRESENTS: That Curt Swanson Homes, LLC, a Minnesota limited liability company, fee owner of thefollowing described property: Lots 5 through 10 inclusive, CORONADO BEACH, LAKE MINNETONKA, together with the vacated alley as shown in said plat. Have caused the same to be surveyed and platted as SWAN BEACH ON CRYSTAL BAY, and does hereby dedicate to the public for public usethe drainage and utility easements created by this plat. In witness whereof said Curt Swanson Homes, LLC, a Minnesota limited liability company, has caused these presents to be signed by itsproper officer this ______ day of _____________, 20_____. Signed: Curt Swanson Homes, LLC By _________________________________________, _____________________________ STATE OF ______________________COUNTY OF __________________________This instrument was acknowledged before me this _______ day of ____________, 20_______, by _________________________,_________________________, of Curt Swanson Homes, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ _____________________________ Signature Notary's printed name Notary Public, ________________________ County __________ My commision expires _________________ I Mark S. Gronberg do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyorin the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries andwet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labled on this plat; and allpublic ways are shown and labeled on this plat. Dated this ______ day of _______________, 20______. __________________________________________________________Mark S. Gronberg, Licensed Land SurveyorMinnesota License Number 12755 STATE OF ______________________COUNTY OF _________________________This instrument was acknowledged before me this _______ day of ________________, 20_____ by Mark S. Gronberg. ____________________________________ _____________________________ Signature Notary's printed name Notary Public, ________________________ County __________ My commision expires _________________City Council, City of Orono, Minnesota This plat of SWAN BEACH ON CRYSTAL BAY was approved and accepted by the City Council of the City of Orono, Minnesota, at a regularmeeting thereof held this _____ day of _______________, 20_____, and said plat is in compliance with the provisions of Minnesota Statutes,Section 505.03, Subd. 2. City Council, City Of Orono, Minnesota _____________________________________, Mayor _____________________________________, Clerk COUNTY AUDITOR, Hennepin County, Minnesota I hereby certify that taxes payable in 20______ and prior years have been paid for land described on this plat, dated this _______ day of_____________, 20______. Daniel Rogan, County Auditor By _______________________________________ Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 383B.565, (1969), this plat has been approved this _______ day of __________________, 20_____. Chris F. Mavis, County Surveyor By _________________________________________ REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of SWAN BEACH ON CRYSTAL BAY was filed in this office this _______ dayof __________________, 20_____, at _______ o'clock _______.m. Amber Bougie, County Recorder By ________________________________________ Deputy NOERENBERG CHANNELSHORELINE OF LAKE MINNETONKAAS LOCATED ON 20 MAY 2016R.T.DOC.NO. __________SHEET 2 OF 2 SHEETSGRONBERG & ASSOCIATES, INC.ENGINEERS, LAND SURVEYORS, PLANNERSN 51°15'08" W 388 +-N 48°36'43" E 394 +-N 56°22'23" E 141.69N 46°31'25" E 241.59S 57°30'24" E 261.96S 60°13'05" E 147.00S 39°38'54" E 93.48S 64°55'01" E 71.43N 87°59'12" E 34.00S 51°15'28" E 78 +-370.0065.0013 +-18 +-290.00S 3 6 °2 3 '5 6 " E 1 2 3 .6 6 10 +-93.23CRYSTAL BAYLAKEMINNETONKADRAINAGE ANDUTILITY EASEMENTSSWAN BEACH ON CRYSTAL BAY12BLOCK 130060120SCALE IN FEET: Denotes Set 1/2 inch by 14 inch iron pipe marker, marked by MN Lic. No. 12755: Denotes found iron marker: Denotes found Henn. Co. CIM THE SOUTHEASTERLY R.O.W. LINE OF CO. RD.NO. 51 ASSUMED TO HAVE A BEARING OF N 48°36'43" EBeing 5 feet in width, and adjoining lot lines, andbeing 15 feet in width, and adjoining right of waylines unless otherwise indicated on this plat. Drainage and utility easements shown thus:551515NOT TO SCALE88151515155555FOUND 1/2 INCHIRON PIPE NO. 12755SURVEY LINESOUTHEASTERLY R.O.W.LINE OF CO. RD. NO. 51N 28°41'55" E 2173.66FOUND HENN. CO.CIM. SW COR OF SEC. 9-117-2355UTILITY EASEMENT ASDESCRIBED IN DOC. NO. 590909131 +-32 +-26 +-12 +-HIGHEST KNOWN LAKE ELEVATION OF LAKE MINNETONKA WAS931.11 FT., NGVD-1929 ON 6-23-14, ACCORDING TO THE MINNESOTADEPARTMENT OF NATURAL RESOURCES WATER ELEVATION OF LAKE MINNETONKA WAS 929.24 FT., NGVD-1929ON MAY 20, 2016 BENCHMARK IS A BRASS DISC SURVEY MONUMENT IN GROUND 15 FEET WESTOF SWALE RIPRAP, 25 FEET NORTH OF CONCRETE CURB AT EXIT OF GRAYSBAY AREA, ELEVATION =932.7FT., NGVD-1929SHORELINE OF LAKE MINNETONKAAS LOCATED ON 20 MAY 2016SURVEY LINES U R V E Y L IN E 303030308818.86S 41°22'54" E 13.37N 53°38'50" E 15.35N 38°37'06" E 84.7898.78 AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding a wetland alteration and rezoning to remove a wetland from the Wetland Overlay District Map for the purpose of constructing a driveway. 2. MN§15.99 Application Deadline. The application was received June 13, 2023 and considered to be complete on June 26, 2023. Staff has extended the review deadline by 60 days and therefore the 120-Day review period expires on October 24, 2023. 3. Background/ Summary. The applicant has purchased the vacant property located at 4685 West Branch Road with the intent to build a single-family home. The applicant is proposing to construct a driveway to the main, buildable area of the property and must alter and fill a wetland to do so. The applicant is proposing to alter approximately 2,760 square feet of wetland designated as Type 2/3. The applicant is proposing to construct a culvert to support the driveway. All required Minnehaha Creek Watershed District (MCWD) permits are required to be obtained for the proposal. The MCWD has required an erosion control permit, waterbody crossing permit, wetland protection permit, floodplain alteration permit and wetland conservation act permit for the proposed driveway project. The MCWD has approved the purchase of standard wetland credits in lieu of compensatory wetland area for this project. The City’s Wetland Overlay District covers all known wetlands. If a wetland is modified, the City must amend the map. Therefore, a rezoning has been requested to amend the Wetland Overlay District Map. 4. Planning Commission Vote and Comment. On August 21, 2023, the Planning Commission held a public hearing, no public comments were made. The Commission reviewed the application and voted 5 to 0 on a motion to approve the requested rezoning. 5. Public Comment. The applicant has provided neighbor acknowledgment forms, but no other public comment has been received. 6. Staff Recommendation. Staff recommends approval subject to final approval from the Minnehaha Creek Watershed District (MCWD). COUNCIL ACTION REQUESTED Motion to adopt Resolution No. Exhibits A. Draft Resolution No. 7398 B. Draft Ordinance No. 283 C. Proposed Plans D. Draft PC Minutes 8/21/2023 E. PC Staff Report 8/21/2023 References PC Exhibits 8/21/2023 A. Application B. Narrative Item No.: 12 Date: September 11, 2023 Item Description: LA23-000030, Ryan Ortlip, 4685 West Branch Road Rezoning – Resolution No. 7398, and Ordinance No. 283, Third Series Presenter: Natalie Nye Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: C. Plans D. Notice of Decision (NOD) E. Notice of Application (NOA) F. Neighbor Support Documents G. Property Owners List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7398 1 A RESOLUTION GRANTING A WETLAND ALTERATION PERMIT PURSUANT TO ORONO MUNICIPAL CODE SECTION 78-1610 FILE NO. LA23-000030 WHEREAS, Ryan Ortlip (hereinafter the “Owner”) is the owner of the property located at 4685 West Branch Road within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 1, West Branch Hill, accrding to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County. (hereinafter "the Property"); and WHEREAS, the Owner has made an application to the City pursuant to Orono Municipal Code Section 78-1610 for a wetland alteration permit (hereinafter the “Permit”) in order to fill in the wetland on their property for the purpose of constructing a driveway on the Property, identified on the attached Exhibit A (hereinafter the “Wetland”); WHEREAS, the Applicant proposes to mitigate for the impacts to the Wetland off-site via the purchase of banked credits as governed by the Minnehaha Creek Watershed District (hereinafter the “MCWD”); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 21, 2023, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File LA23-000030. 2. The Property is located in the RR-1B One Family Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200’. 3. The Planning Commission reviewed this application at a public hearing held on August 21, 2023 and recommended conditional approval of the Permit based on the following findings: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7398 2 a. Approval of all permits required by the Minnehaha Creek Watershed District are obtained. b. Permission from the abutting neighbor is obtained if grading or access is required. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant, the conditional approval of MCWD, and comments from the public, as well as the effect of the proposed conditional use on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the wetland alteration is in accord with the objectives of the RR-1B zoning district in which the Property is located and with the comprehensive municipal plan and that the wetland alteration will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants approval pursuant to Orono Municipal Zoning Code Section 78-1610 for a Permit for wetland alteration in order to fill in portions of the Wetland, subject to the following conditions: 1. Council approval is based on the Plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the Plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a land alteration permit or a zoning permit for the project and commencing said project. The project must be commenced within one year of the date of Council approval, or the Permit will expire on that date (September 11, 2024). 3. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 4. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. 5. All Minnehaha Creek Watershed District permits are obtained before work can begin on the property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7398 3 ADOPTED by the Orono City Council on this 11th day of September, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Exhibit A - Resolution 7398 Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 1 of 4 Disturbed Upland Buffer & Northwest Restoration Area Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono The 4685 West Branch Road plan shows two (2) areas of disturbed upland buffer requiring planting, management, and monitoring according to Minnehaha Creek Watershed District Wetland Protection Rule 7(c), 9(g) and 9(h), and 10(a), 10(b), and 10(c). Wetland Buffer Exhibit, attached to this plan shows the areas of upland buffer that will be disturbed by grading during construction (i.e., disturbed buffer). After construction activities have ceased, upland buffer that is disturbed during project grading will be seeded with a native seed mix and managed annually for weedy and invasive species. Upon final establishment, wetland buffer shall contain little or no bare soil and shall exhibit a dominance of native vegetation. Protocols to be followed for site preparation/seeding, maintenance, and monitoring are provided below. Disturbed Buffer Area Planting Plan Site Preparation & Seeding (assuming fall seeding) Soils within the disturbed buffer areas and the Northwest Restoration Area will first be decompacted to a depth of 18 inches and organic matter will be incorporated into soils, and then fine graded/smoothed before the seeding work begins (to be done by the general contractor or excavator). The areas will be left/avoided for a minimum of 30 days to allow weeds to germinate and regrow. Abroad spectrum herbicide treatment will be applied as per manufacturer’s directions. Herbicide treatment areas will be left/avoided for a minimum of 30 days before native seeding commences. Dead vegetation will be removed or mowed, and the soil will be disked or tilled to create an open seedbed. The soil will be harrowed or raked to create a smooth seedbed, and a roller or cultipacker will be used to create a firm seedbed. All seed will be applied by broadcasting drilling or as otherwise recommended by the contracted revegetation specialist. Harrowing or raking will follow all grass seeding. The proposed seed mix and rate for disturbed buffer areas and restoration upland within the Northwest Restoration Area on the Minnetonka Country Club site is BWSR State Seed Mix 36- 211 (Woodland Edge South and West) or similar at a rate of 9.5 lbs/acre PLS (grasses and forbs), and 25.0 lbs/acre of cover crop. Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 2 of 4 Native seed mix actually used will depend on the hydrologic conditions of the landscape post grading and seed availability. Seed will be purchased from a reputable seed company such as Shooting Start Native Seeds and will be of local origin. Erosion Control Newly seeded areas will be mulched with clean straw at a rate of 1.5 tons per acres. The straw will be disk anchored, where accessible. Upon completion of seed installation, a site visit will be conducted with the vegetation contractor to confirm seeding was consistent with the approved plan and collect seed tags (if available). Disturbed Upland Buffer Maintenance Plan A standard maintenance plan for areas of disturbed upland buffer is provided below. Revisions to this plan may occur. The intent of the management plan is to: 1) promote the growth of native species, and 2) control noxious and/or invasive species such as Canada thistle. When a noxious or invasive species occurs, the appropriate technique to control or eliminate that species will be implemented. Year 1 (fall dormant seeding) · Fall dormant seed as described in the Planting Plan Year 2 Management · Mow 2-3 times with mower deck 6-8 inches off the ground to prevent development of weedy species · Spot spray perennial weedy species as needed Year 2 Evaluation · Cover crop will be gone unless winter wheat was used in a fall planting · Grasses forming clumps 1-6 inches apart in drill rows, but still short · Some flowers should be blooming · Flush growth of foxtail and other annuals may indicate need for more frequent mowing · Supplemental seeding if needed Year 3 Management · Mow 1-2 times with mower deck/bar approximately 12 inches off the ground to control weedy annuals · Spot spray perennial weedy species as needed · Supplemental seeding if needed Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 3 of 4 Year 3 Evaluation · Plantings should include a diverse mixture of native grasses and forbs · Plantings should not include more than 50% invasive species Year 4 Management · Mow as needed with mower deck approximately 12 inches off the ground to control weedy annuals · Spot spray perennial weedy species as needed · Plantings should include a diverse mixture of native grasses and forbs · Supplemental seeding if needed Year 4 Evaluation · Plantings should include a diverse mixture of native grasses and forbs · Plantings should not include more than Plantings should not include more than 50% invasive species Year 5/Long-term Management · Mowing not necessary or only in portions of the project site with weed problems · Spot spraying of perennial weeds if needed · Optional burning in a 3-5 year rotation alternating spring and fall burns · Optional haying in a 3-5 year rotation late summer or early fall. Alternate with burning or substitute for burning · Supplemental seeding if needed · Plantings should not include more than 50% invasive species Upon final establishment, wetland buffer shall contain little or no bare soil and shall exhibit a dominance of native vegetation. Disturbed Buffer Monitoring Plan Monitoring will begin the first growing season after fall seeding to evaluate vegetation within the disturbed buffer areas. An annual Wetland Buffer Inspection Report will be submitted to the District for up to 5 years following buffer establishment. The annual Wetland Buffer Inspection Report will include: 1) A site plan showing the location of permitted buffer area; areas of bare soil or erosion; areas of invasive vegetation; and location and type of any encroachments on the buffer. 2) Color photos of the wetland buffer taken during the growing season with vantage points for these photos labeled on the site plan. Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 4 of 4 3) Description of buffer vegetation including a list of dominant plant species and the estimate percent cover, and a comparison of the species present to the approved planting/seeding plan. 4) A written narrative that identifies the management strategies that will be utilized during the upcoming growing season to manage invasive species, improve percent cover and species diversity, and mitigate any encroachments on the buffer. Page 1 ORDINANCE NO. 283, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE OFFICIAL WETLAND OVERLAY DISTRICT MAP FILE #LA23-000030 THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS: Section 1. The Municipal Code of the City of Orono is hereby amended by amending the official wetland overlay district boundary for the 0.06-acre wetland (hereinafter the “Wetland”) within the property addressed 4685 West Branch Road and legally described as: Lot 2, Block 1, West Branch Hill, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County. (hereinafter "the Property"); and The Wetland is identified in Exhibit A and in the wetland delineation report by KES, dated October 26, 2022 (attached as Exhibit B), within file #LA23-000030 is hereby rezoned by removal from the wetland overlay district. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 11th day of September, 2023 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 ________, 2023. Exhibit A - Ordinance 283 Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 1 of 4 Disturbed Upland Buffer & Northwest Restoration Area Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono The 4685 West Branch Road plan shows two (2) areas of disturbed upland buffer requiring planting, management, and monitoring according to Minnehaha Creek Watershed District Wetland Protection Rule 7(c), 9(g) and 9(h), and 10(a), 10(b), and 10(c). Wetland Buffer Exhibit, attached to this plan shows the areas of upland buffer that will be disturbed by grading during construction (i.e., disturbed buffer). After construction activities have ceased, upland buffer that is disturbed during project grading will be seeded with a native seed mix and managed annually for weedy and invasive species. Upon final establishment, wetland buffer shall contain little or no bare soil and shall exhibit a dominance of native vegetation. Protocols to be followed for site preparation/seeding, maintenance, and monitoring are provided below. Disturbed Buffer Area Planting Plan Site Preparation & Seeding (assuming fall seeding) Soils within the disturbed buffer areas and the Northwest Restoration Area will first be decompacted to a depth of 18 inches and organic matter will be incorporated into soils, and then fine graded/smoothed before the seeding work begins (to be done by the general contractor or excavator). The areas will be left/avoided for a minimum of 30 days to allow weeds to germinate and regrow. Abroad spectrum herbicide treatment will be applied as per manufacturer’s directions. Herbicide treatment areas will be left/avoided for a minimum of 30 days before native seeding commences. Dead vegetation will be removed or mowed, and the soil will be disked or tilled to create an open seedbed. The soil will be harrowed or raked to create a smooth seedbed, and a roller or cultipacker will be used to create a firm seedbed. All seed will be applied by broadcasting drilling or as otherwise recommended by the contracted revegetation specialist. Harrowing or raking will follow all grass seeding. The proposed seed mix and rate for disturbed buffer areas and restoration upland within the Northwest Restoration Area on the Minnetonka Country Club site is BWSR State Seed Mix 36- 211 (Woodland Edge South and West) or similar at a rate of 9.5 lbs/acre PLS (grasses and forbs), and 25.0 lbs/acre of cover crop. Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 2 of 4 Native seed mix actually used will depend on the hydrologic conditions of the landscape post grading and seed availability. Seed will be purchased from a reputable seed company such as Shooting Start Native Seeds and will be of local origin. Erosion Control Newly seeded areas will be mulched with clean straw at a rate of 1.5 tons per acres. The straw will be disk anchored, where accessible. Upon completion of seed installation, a site visit will be conducted with the vegetation contractor to confirm seeding was consistent with the approved plan and collect seed tags (if available). Disturbed Upland Buffer Maintenance Plan A standard maintenance plan for areas of disturbed upland buffer is provided below. Revisions to this plan may occur. The intent of the management plan is to: 1) promote the growth of native species, and 2) control noxious and/or invasive species such as Canada thistle. When a noxious or invasive species occurs, the appropriate technique to control or eliminate that species will be implemented. Year 1 (fall dormant seeding) · Fall dormant seed as described in the Planting Plan Year 2 Management · Mow 2-3 times with mower deck 6-8 inches off the ground to prevent development of weedy species · Spot spray perennial weedy species as needed Year 2 Evaluation · Cover crop will be gone unless winter wheat was used in a fall planting · Grasses forming clumps 1-6 inches apart in drill rows, but still short · Some flowers should be blooming · Flush growth of foxtail and other annuals may indicate need for more frequent mowing · Supplemental seeding if needed Year 3 Management · Mow 1-2 times with mower deck/bar approximately 12 inches off the ground to control weedy annuals · Spot spray perennial weedy species as needed · Supplemental seeding if needed Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 3 of 4 Year 3 Evaluation · Plantings should include a diverse mixture of native grasses and forbs · Plantings should not include more than 50% invasive species Year 4 Management · Mow as needed with mower deck approximately 12 inches off the ground to control weedy annuals · Spot spray perennial weedy species as needed · Plantings should include a diverse mixture of native grasses and forbs · Supplemental seeding if needed Year 4 Evaluation · Plantings should include a diverse mixture of native grasses and forbs · Plantings should not include more than Plantings should not include more than 50% invasive species Year 5/Long-term Management · Mowing not necessary or only in portions of the project site with weed problems · Spot spraying of perennial weeds if needed · Optional burning in a 3-5 year rotation alternating spring and fall burns · Optional haying in a 3-5 year rotation late summer or early fall. Alternate with burning or substitute for burning · Supplemental seeding if needed · Plantings should not include more than 50% invasive species Upon final establishment, wetland buffer shall contain little or no bare soil and shall exhibit a dominance of native vegetation. Disturbed Buffer Monitoring Plan Monitoring will begin the first growing season after fall seeding to evaluate vegetation within the disturbed buffer areas. An annual Wetland Buffer Inspection Report will be submitted to the District for up to 5 years following buffer establishment. The annual Wetland Buffer Inspection Report will include: 1) A site plan showing the location of permitted buffer area; areas of bare soil or erosion; areas of invasive vegetation; and location and type of any encroachments on the buffer. 2) Color photos of the wetland buffer taken during the growing season with vantage points for these photos labeled on the site plan. Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 4 of 4 3) Description of buffer vegetation including a list of dominant plant species and the estimate percent cover, and a comparison of the species present to the approved planting/seeding plan. 4) A written narrative that identifies the management strategies that will be utilized during the upcoming growing season to manage invasive species, improve percent cover and species diversity, and mitigate any encroachments on the buffer. BWSR NOD Form – November 12, 2019 1 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: Minnehaha Creek Watershed District County: Hennepin Applicant Name: Ryan Ortlip Applicant Representative: Melissa Barrett - KES Project Name: W23-017 LGU Project No. (if any): W23-017 Date Complete Application Received by LGU: 5/10/23 Date of LGU Decision: 6/20/23 Date this Notice was Sent: 6/20/23 WCA Decision Type - check all that apply ☒Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐Bank Plan (not credit purchase) ☐No-Loss (8420.0415)☐Exemption (8420.0420) Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: Wetland Replacement Type: ☐ Project Specific Credits: ☐Bank Credits: Bank Account Number(s): Technical Evaluation Panel Findings and Recommendations (attach if any) ☐Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation LGU Decision ☒Approved with Conditions (specify below)1 ☐ Approved1 ☐ Denied List Conditions: This decision approves the boundary and type of the wetland onsite. Any future fill will require additional review. Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other: Decision is valid for: ☒ 5 years (default) ☐ Other (specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project- specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1. ☐Attachment(s) (specify):☐Summary: Ryan Ortlip has applied for Boundary/type approval/confirmation for the wetlands located at 4685 West Branch Road. A wetland delineation was conducted by KES on 10/26/22. The delineation shows 1 wetland within the project area. Wetland 1 was identified as a Type 2/3, wet meadow/ shallow marsh wetland. BWSR NOD Form – November 12, 2019 2 MCWD and KES Staff reviewed the boundaries in the field on 5/31/23. MCWD and BWSR were in agreement with the wetland boundaries and types identified on site and shown in the delineation report. MCWD approves the wetland boundaries and types as shown in the delineation report. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. 1 Findings must consider any TEP recommendations. Attached Project Documents ☐ Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify): Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Does the LGU have a local appeal process applicable to this decision? ☐ Yes1 ☐ No 1If yes, all appeals must first be considered via the local appeals process. Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable) Notice Distribution (include name) Required on all notices: ☒ SWCD TEP Member: Tony.brough@co.hennepin.mn.us ☒ BWSR TEP Member: Jed Chestnut Jed.chestnut@state.mn.us ☐ LGU TEP Member (if different than LGU contact): ☒ DNR Representative: Wes.Saunders-pearce@state.mn.us ☐ Watershed District or Watershed Mgmt. Org.: ☒ Applicant: Ryan.ortlip@icloud.com ☒ Agent/Consultant: Melissa@kjolhaugenv.com Optional or As Applicable: ☐ Corps of Engineers: ☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): BWSR NOD Form – November 12, 2019 3 ☐ Members of the Public (notice only): ☐ Other: Signature: Date: 6/20/23 This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. Council Exhibit C Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 1 of 4 Disturbed Upland Buffer & Northwest Restoration Area Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono The 4685 West Branch Road plan shows two (2) areas of disturbed upland buffer requiring planting, management, and monitoring according to Minnehaha Creek Watershed District Wetland Protection Rule 7(c), 9(g) and 9(h), and 10(a), 10(b), and 10(c). Wetland Buffer Exhibit, attached to this plan shows the areas of upland buffer that will be disturbed by grading during construction (i.e., disturbed buffer). After construction activities have ceased, upland buffer that is disturbed during project grading will be seeded with a native seed mix and managed annually for weedy and invasive species. Upon final establishment, wetland buffer shall contain little or no bare soil and shall exhibit a dominance of native vegetation. Protocols to be followed for site preparation/seeding, maintenance, and monitoring are provided below. Disturbed Buffer Area Planting Plan Site Preparation & Seeding (assuming fall seeding) Soils within the disturbed buffer areas and the Northwest Restoration Area will first be decompacted to a depth of 18 inches and organic matter will be incorporated into soils, and then fine graded/smoothed before the seeding work begins (to be done by the general contractor or excavator). The areas will be left/avoided for a minimum of 30 days to allow weeds to germinate and regrow. Abroad spectrum herbicide treatment will be applied as per manufacturer’s directions. Herbicide treatment areas will be left/avoided for a minimum of 30 days before native seeding commences. Dead vegetation will be removed or mowed, and the soil will be disked or tilled to create an open seedbed. The soil will be harrowed or raked to create a smooth seedbed, and a roller or cultipacker will be used to create a firm seedbed. All seed will be applied by broadcasting drilling or as otherwise recommended by the contracted revegetation specialist. Harrowing or raking will follow all grass seeding. The proposed seed mix and rate for disturbed buffer areas and restoration upland within the Northwest Restoration Area on the Minnetonka Country Club site is BWSR State Seed Mix 36- 211 (Woodland Edge South and West) or similar at a rate of 9.5 lbs/acre PLS (grasses and forbs), and 25.0 lbs/acre of cover crop. Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 2 of 4 Native seed mix actually used will depend on the hydrologic conditions of the landscape post grading and seed availability. Seed will be purchased from a reputable seed company such as Shooting Start Native Seeds and will be of local origin. Erosion Control Newly seeded areas will be mulched with clean straw at a rate of 1.5 tons per acres. The straw will be disk anchored, where accessible. Upon completion of seed installation, a site visit will be conducted with the vegetation contractor to confirm seeding was consistent with the approved plan and collect seed tags (if available). Disturbed Upland Buffer Maintenance Plan A standard maintenance plan for areas of disturbed upland buffer is provided below. Revisions to this plan may occur. The intent of the management plan is to: 1) promote the growth of native species, and 2) control noxious and/or invasive species such as Canada thistle. When a noxious or invasive species occurs, the appropriate technique to control or eliminate that species will be implemented. Year 1 (fall dormant seeding) · Fall dormant seed as described in the Planting Plan Year 2 Management · Mow 2-3 times with mower deck 6-8 inches off the ground to prevent development of weedy species · Spot spray perennial weedy species as needed Year 2 Evaluation · Cover crop will be gone unless winter wheat was used in a fall planting · Grasses forming clumps 1-6 inches apart in drill rows, but still short · Some flowers should be blooming · Flush growth of foxtail and other annuals may indicate need for more frequent mowing · Supplemental seeding if needed Year 3 Management · Mow 1-2 times with mower deck/bar approximately 12 inches off the ground to control weedy annuals · Spot spray perennial weedy species as needed · Supplemental seeding if needed Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 3 of 4 Year 3 Evaluation · Plantings should include a diverse mixture of native grasses and forbs · Plantings should not include more than 50% invasive species Year 4 Management · Mow as needed with mower deck approximately 12 inches off the ground to control weedy annuals · Spot spray perennial weedy species as needed · Plantings should include a diverse mixture of native grasses and forbs · Supplemental seeding if needed Year 4 Evaluation · Plantings should include a diverse mixture of native grasses and forbs · Plantings should not include more than Plantings should not include more than 50% invasive species Year 5/Long-term Management · Mowing not necessary or only in portions of the project site with weed problems · Spot spraying of perennial weeds if needed · Optional burning in a 3-5 year rotation alternating spring and fall burns · Optional haying in a 3-5 year rotation late summer or early fall. Alternate with burning or substitute for burning · Supplemental seeding if needed · Plantings should not include more than 50% invasive species Upon final establishment, wetland buffer shall contain little or no bare soil and shall exhibit a dominance of native vegetation. Disturbed Buffer Monitoring Plan Monitoring will begin the first growing season after fall seeding to evaluate vegetation within the disturbed buffer areas. An annual Wetland Buffer Inspection Report will be submitted to the District for up to 5 years following buffer establishment. The annual Wetland Buffer Inspection Report will include: 1) A site plan showing the location of permitted buffer area; areas of bare soil or erosion; areas of invasive vegetation; and location and type of any encroachments on the buffer. 2) Color photos of the wetland buffer taken during the growing season with vantage points for these photos labeled on the site plan. Disturbed Upland Buffer Planting, Maintenance, and Monitoring Plan 4685 West Branch Road, Orono - Page 4 of 4 3) Description of buffer vegetation including a list of dominant plant species and the estimate percent cover, and a comparison of the species present to the approved planting/seeding plan. 4) A written narrative that identifies the management strategies that will be utilized during the upcoming growing season to manage invasive species, improve percent cover and species diversity, and mitigate any encroachments on the buffer. MINUTES OF THE ORONO PLANNING COMMISSION August 21, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 8 2. LA23-000030 RYAN ORTLIP, 4685 WEST BRANCH ROAD (PID 0711723220011), REQUESTS APPROVAL OF A REZONING IN ORDER TO ALTER AND REMOVE A WETLAND FROM THE OFFICIAL WETLAND OVERLAY DISTRICT MAP TO SUPPORT THE CONSTRUCTION OF A DRIVEWAY. City Planner Nye explained the City has a wetland map and in order to complete this project the City would have to approve a rezoning (removing the wetland from the City’s wetland Map) and issue a wetland alteration permit. The applicant has purchased the vacant property located at 4685 West Branch Road to build a single-family home. The lot is 5.8 acres and includes a 25-foot-wide parcel that connects to West Branch Road and provides access to the main, buildable area of the property. The applicant is proposing to construct a driveway on this piece of the property which includes a wetland. The wetland will need to be altered and filled in order to construct a driveway. The wetland is defined as a wet meadow or shallow marsh wetland. The total area proposed to be altered for the new driveway is approximately 2,760 square feet, she said. The applicant is proposing to mitigate the wetland impacts with wetland bank credits as recommended by Minnehaha Creek Watershed (MCWD). The proposed project will require Minnehaha Creek Watershed District (MCWD) permits for erosion control, waterbody crossing, wetland protection, floodplain alteration, and wetland conservation act. Staff has been in contact with the MCWD and all permits are expected to be approved in September. Nye said the proposed wetland alteration is minimal to support the construction of the driveway, which is the only access way to the property. Staff finds that the alteration of the wetland will not negatively impact adjacent properties or the floodplain. Staff would require all MCWD approvals to be in place before bringing the application to the City Council. The applicant was present, she said. Bollis clarified that the applicant owns the 25-foot strip that will be used for the driveway. Ryan Ortlip currently living in Eden Prairie, explained the strip is part of the property but has an easement. The whole goal of the application is to gain access to the lot. The plan would include a culvert that would help with drainage. There would be no change in high water level for the fill. Chair Bollis opened the public hearing at 6:36 p.m. Eric Truskoski, 4665 West Branch Road, spoke in support of the application. He said the applicant has been very good about staying in touch and making plans to make sure their front yard is drained. Chair Bollis closed the public hearing at 6:37 p.m. Bollis said this one looks pretty straightforward and it sounded like the MCWD would be doing most of the heavy lifting. Ressler moved, Kraemer seconded, to approve LA23-000030 4685 West Branch Road Rezoning as applied contingent upon MCWD approval and continued support of the affected neighbor. VOTE: Ayes: 5, Nays 0. 3. LA23-000037 GAVIN TEMPERO, 3260 BOHNS POINT LANE, REQUESTS AN AVERAGE LAKESHORE SETBACK VARIANCE FOR THE CONSTRUCTION OF A HOME ADDITION. Date Application Received: 06/13/2023 Date Application Considered as Complete: 06/26/2023 120-Day Review Period Expires: 10/24/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: August 21, 2023 Subject: #LA23-000030, Ryan Ortlip, 4685 West Branch Road, Wetland Alteration Rezoning – Removal of Wetland from Wetland Overlay District Public Hearing Background The applicant has purchased the vacant property located at 4685 West Branch Road with the intent to build a single-family home. The lot includes a 25-foot-wide parcel that connects to West Branch Road and provides access to the main, buildable area of the property. The applicant is proposing to construct a driveway on this piece of the property which includes a wetland. The wetland will need to be altered and filled in order to construct a driveway and give the property owner access to the majority of their property. The proposed plans indicate possible grading beyond the property boundaries. The applicant has provided written permission from the abutting property owner included in Exhibit F. The wetland on the property is designated as a Type 2/3 wetland defined as a wet meadow or shallow marsh wetland. The total area of wetland proposed to be altered for the new driveway is approximately 2,760 square feet. The abutting driveway on the neighbor’s property is supported by a culvert. The applicant is proposing to extent that culvert across the property to support the driveway. The applicant is proposing to mitigate the wetland impacts with wetland bank credits as recommended by Minnehaha Creek Watershed (MCWD). The proposed project will require Minnehaha Creek Watershed District (MCWD) permits for erosion control, waterbody crossing, wetland protection, floodplain alteration, and wetland conservation act. The City must approve a rezoning (removing the wetland from the City’s wetland Map) and issue a wetland alteration permit, per Section 78-1610. Rezoning is necessary so the wetland is no longer subject to the standards of the Wetland Overlay District according to City Code Section 78-1609. Additionally, an administrative land alteration/grading permit will be required for the construction of the driveway. Application Summary: The applicant is requesting approval of a wetland alteration and rezoning approval in order to remove a part of a wetland from the City’s Wetland Overlay District to construct a driveway. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000030 August 21, 2023 Page 2 of 3 MCWD Review A Notice of Decision from MCWD approved the wetland boundary and type on June 20, 2023. The applicant applied for all necessary watershed permits on July 7, 2023. The erosion control permit, waterbody crossing permit, wetland protection permit, floodplain alteration permit and wetland conservation act permit are currently under review with MCWD. The anticipated approval for said permits is September 2023. The City will require all permits are approved prior to moving forward to the City Council for approval of the rezoning request. Rezoning - Wetland Overlay District In establishing a wetland overlay district over all known wetlands, Section 78-1603 includes direction regarding previously unidentified wetlands; these wetlands may be identified by wetland delineations under the Wetland Conservation Act (WCA) rules. If a specific wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the delineation. Therefore, all wetlands delineated and approved by the MCWD become part of the City’s wetland overlay district. Section 78-1609(a) identifies standards to be considered when removing lands from the wetland overlay district: “These amendments must be consistent with the purpose of this article, the city's surface water management plan and the goals and policies of the community management plan. In determining the appropriateness of a rezoning request, the city council will consider: • the size of the wetland overlay district, • the magnitude of the area proposed for removal, • hydrological and ecological effects, and • the type and function of wetlands involved in order to provide the maximum feasible protection.” Wetland Alteration Permit City Code Section 78-1610 provides guidance for reviewing a wetland alteration permit and states that alteration of a wetland will only be allowed if an equal amount of water storage is provided. According to the Notice of Application, the MCWD recommends the purchase of standard wetland credits in lieu of a compensatory wetland area. Analysis The proposed wetland alteration is minimal to support the construction of the driveway which is the only access way to the property. Staff recommends MCWD as a condition for approval. The applicant has completed a preliminary review with the MCWD and anticipates full approval later this year. Planning Staff observes that the alteration of the wetland at 4685 West Branch Road will not negatively impact adjacent properties or the floodplain. Staffs supports the application. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that this proposed wetland map change to be consiste nt with the purpose of the wetland protections, and the com prehensive plan? FILE #LA23-000030 August 21, 2023 Page 3 of 3 2. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested approval (s)? 3. Are there any other issues or concerns with this application? Planning Staff Comment Staff recommends approval of the wetland alteration rezoning conditioned on the following: 1. Approval for all permits from Minnehaha Creek Watershed. 2. Obtaining permission from abutting neighbor if grading or access is required. List of Exhibits Exhibit A. Application Summary Exhibit B. Narrative Exhibit C. Plans Exhibit D. Notice of Decision (NOD) Exhibit E. Notice of Application (NOA) Exhibit F. Neighbor Support Documents Exhibit G. Mailing List & Map AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding an average lakeshore setback variance for the construction of a three-season porch addition above an existing deck. 2. MN§15.99 Application Deadline. The application was received July 16, 2023 and considered to be complete on July 20, 2023. Therefore the 60-Day review period expires on September 18, 2023. 3. Background/ Summary. The applicant is proposing to construct a screened in porch addition on top of an existing deck. The existing deck encroaches into the average lakeshore setback by approximately 5 feet. The proposed screened in porch would create a new vertical encroachment into the average lakeshore setback and requires a variance. The proposed addition meets all other setbacks including the 75-foot lake setback. The hardcover on the site remains unchanged and is conforming. The applicant has shown practical difficulty in the orientation of the lot and location of existing structures. Due to the orientation of the home and neighboring home and the dense row of vegetative screening, the proposed addition will not negatively impact the neighboring property to the south. 4. Planning Commission Vote and Comment. On August 21, 2023, the Planning Commission held a public hearing. The neighboring property owner to the south, 3265 Bohns Point Lane, spoke in support of the project. The Commission reviewed the application voted 5 to 0 on a motion to approve the requested variance as applied. Draft minutes from the Planning Commission are included as Exhibit C. 5. Public Comment. The applicant has provided neighbor acknowledgment forms, but no other public comment has been received. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7399 Exhibits A. Draft Resolution No. 7399 B. Proposed Plans C. Draft PC Minutes 8/21/2023 D. PC Staff Report 8/21/2023 References PC Exhibits 8/21/2023 A. Application B. Practical Difficulties Form C. Narrative D. Survey E. Plans F. Hardcover Calculations G. Property Owners List and Map Item No.: 13 Date: September 11, 2023 Item Description: LA23-000037, Gavin Tempero, 3260 Bohns Point Lane, Variance – Resolution No. 7399 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7399 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000037 WHEREAS, on July 16, 2023, Gavin Tempero (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 3260 Bohns Point Lane and legally described as: Lot 3, Block 1, Bohn’s Point Addition, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for an average lakeshore setback variance setback from City Code Section 78-1279 in order to construct a screened in porch addition on top of an existing deck; and WHEREAS, on August 21, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 21, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on September 11, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000037. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7399 2 3. The Property contains 52,209 square feet in area and has a defined lot width of 195 feet at the 75- foot lakeshore setback and a lot width of 190 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Average Lakeshore Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” An average lakeshore setback variance is required for the construction of a screened in porch addition on top of the existing deck’s footprint. Approximately 5 feet of the current deck is within the average lakeshore setback and therefore expansion would not be permitted. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring property to the south is not impacted by the existing deck or the proposed expansion. The requested screened in porch addition creates a new vertical encroachment in the average lakeshore setback, however does not create any further footprint expansion and all other setbacks including the 75-foot lake setback are met. The hardcover on the subject property will remain the same and is in compliance with the ordinance. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in a screened in porch addition for a residential use is consistent with the comprehensive plan. There have been instances when the City has granted variances from average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not within the 75-foot setback. The proposed addition is within the footprint of an existing deck and expansion is not likely to impact any lake views. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7399 3 The existing deck was constructed prior to the City’s current regulations. The current deck is nonconforming with approximately 5 feet of the deck within the average lakeshore setback. The construction of a screened in porch addition on the existing deck footprint increases the use and enjoyment of the lake property and is a reasonable request. The proposal preserves the intent of the ordinance by not disrupting any neighboring lake views. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house and deck were not constructed by the current property owners. The applicant is requesting the average lakeshore setback variance to construct a new screened in porch addition on the existing deck footprint for better use and fit for the current family’s needs; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variance resulting in a new addition on the lakeside of the home will not alter the character of the locality. The project will not enlarge the footprint or protrude closer to any setback. The screened in porch addition will be on top of the existing deck footprint. All other setbacks including the 75-foot lakeshore setback and hardcover are met. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 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 a permitted 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7399 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The existing nonconforming deck and the position of the property in relation to the neighboring homes is unique. The subject property has only one neighbor determining and impacted by the average lakeshore setback. The neighbor to the south is oriented away from the subject home and there is a dense vegetative screen between properties. The neighboring property will not have their lake view impacted by the proposed addition. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The request is specific to this property as it relates to an existing nonconforming deck. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.”. The proposed addition within an existing footprint preserves the property owner’s right to enjoy the lakeyard. The minor expansion does not negatively impact the neighboring properties or their views of the lake. This criterion is met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variance allows for the construction of a screened in porch addition on the footprint of an existing deck that protrudes 5 feet into the average lakeshore setback. A variance is needed for the vertical expansion. The proposed addition will allow the current property owners to fully use and enjoy the current footprint. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the construction of an addition 75 feet from the OHWL within the average lakeshore setback subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7399 5 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 11, 2024). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of September, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO PLANNING COMMISSION August 21, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 8 2. LA23-000030 RYAN ORTLIP, 4685 WEST BRANCH ROAD (PID 0711723220011), REQUESTS APPROVAL OF A REZONING IN ORDER TO ALTER AND REMOVE A WETLAND FROM THE OFFICIAL WETLAND OVERLAY DISTRICT MAP TO SUPPORT THE CONSTRUCTION OF A DRIVEWAY. City Planner Nye explained the City has a wetland map and in order to complete this project the City would have to approve a rezoning (removing the wetland from the City’s wetland Map) and issue a wetland alteration permit. The applicant has purchased the vacant property located at 4685 West Branch Road to build a single-family home. The lot is 5.8 acres and includes a 25-foot-wide parcel that connects to West Branch Road and provides access to the main, buildable area of the property. The applicant is proposing to construct a driveway on this piece of the property which includes a wetland. The wetland will need to be altered and filled in order to construct a driveway. The wetland is defined as a wet meadow or shallow marsh wetland. The total area proposed to be altered for the new driveway is approximately 2,760 square feet, she said. The applicant is proposing to mitigate the wetland impacts with wetland bank credits as recommended by Minnehaha Creek Watershed (MCWD). The proposed project will require Minnehaha Creek Watershed District (MCWD) permits for erosion control, waterbody crossing, wetland protection, floodplain alteration, and wetland conservation act. Staff has been in contact with the MCWD and all permits are expected to be approved in September. Nye said the proposed wetland alteration is minimal to support the construction of the driveway, which is the only access way to the property. Staff finds that the alteration of the wetland will not negatively impact adjacent properties or the floodplain. Staff would require all MCWD approvals to be in place before bringing the application to the City Council. The applicant was present, she said. Bollis clarified that the applicant owns the 25-foot strip that will be used for the driveway. Ryan Ortlip currently living in Eden Prairie, explained the strip is part of the property but has an easement. The whole goal of the application is to gain access to the lot. The plan would include a culvert that would help with drainage. There would be no change in high water level for the fill. Chair Bollis opened the public hearing at 6:36 p.m. Eric Truskoski, 4665 West Branch Road, spoke in support of the application. He said the applicant has been very good about staying in touch and making plans to make sure their front yard is drained. Chair Bollis closed the public hearing at 6:37 p.m. Bollis said this one looks pretty straightforward and it sounded like the MCWD would be doing most of the heavy lifting. Ressler moved, Kraemer seconded, to approve LA23-000030 4685 West Branch Road Rezoning as applied contingent upon MCWD approval and continued support of the affected neighbor. VOTE: Ayes: 5, Nays 0. 3. LA23-000037 GAVIN TEMPERO, 3260 BOHNS POINT LANE, REQUESTS AN AVERAGE LAKESHORE SETBACK VARIANCE FOR THE CONSTRUCTION OF A HOME ADDITION. MINUTES OF THE ORONO PLANNING COMMISSION August 21, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 8 City Planner Nye gave a presentation on the item, stating the applicant is requesting an average lakeshore setback variance to construct a new screened in porch addition on top of an existing deck. The existing deck encroaches into the average lakeshore setback by approximately 5 feet. The existing deck meets all other setback requirements including the 75-foot lake setback. The proposed screened-in porch addition will maintain the 75-foot lake setback and will not impact hardcover but would create a vertical encroachment so requires a variance. The property currently meets the hardcover requirements with the hardcover at approximately 21 percent of the lot and that would not change. The applicant has identified the existing conditions of the property as a practical difficulty adding the home is situated on the property in such a way that the screened-in porch expansion would not impact the lake views of the neighboring property. Staff agrees that the expansion of the screened- in porch on top of the existing deck will not negatively impact lake views for the neighboring property and recommends approval. The applicant is available, she said. The applicant was present but staff had no additional questions. Chair Bollis opened the public hearing at 6:41 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:41 p.m. Kraemer said he would be in favor of the application. Ressler said staff had done a nice job on the information and it is not an egregious change. Ken Tempero, 3265 Bohns Point Lane and the nearest neighbor, said his house is oriented differently and the way the lakeshore runs it will not impact their view of the lake and in fact may cut down on the noise from Highway 51. Kraemer moved, Erickson seconded, to approve LA23-000037 3260 Bohns Point Lane Variances. VOTE: Ayes: 5, Nays 0. 4. LA23-000038 JOAT LLC – JACK EVANS, 1920 CONCORDIA STREET, REQUESTS A FRONT YARD SETBACK VARIANCE TO CONSTRUCT A NEW FRONT STOOP. City Planner Curtis gave a presentation on the item, stating the property owner constructed the home at 1920 Concordia Street in approximately 1972. The home was built at the 30-foot front yard setback leaving little room for more than a minimal stoop. The applicant is proposing to remove the existing small concrete stoop and replace it with an 8 foot by 8-foot deck. The existing stoop is about 27 feet from front property line. The new proposed deck would be 22-feet from the line. The intent is to create a small outdoor space and to provide a larger landing to support an accessible ramp. The applicant has provided supporting documentation regarding practical difficulties. Staff finds the location of the existing home at the building setback line creates difficulties for supporting anything larger than the building-code required minimum 4 foot by 3-foot entry stoop. Letters and calls of support from neighbors have been received. Staff recommends approval as applied. Kathy Weist, 1920 Concordia Street, said her father lives at the address. He is 85 years old and although he can still walk, has a hard time getting up the step. All the neighbors are in support. Date Application Received: 07/16/2023 Date Application Considered as Complete: 07/20/2023 60-Day Review Period Expires: 09/18/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: August 21, 2023 Subject: #LA23-000037, Gavin Tempero, 3260 Bohns Point Lane Variance for Average Lakeshore Setback - Public Hearing Background The applicant is requesting an average lakeshore setback variance to construct a new screened in porch addition on top of an existing deck. The existing deck encroaches into the average lakeshore setback by approximately 5 feet. The existing deck meets all other setback requirements including the 75-foot lake setback. The proposed screened in porch addition will maintain the 75-foot lake setback and will not impact hardcover. The property currently meets the hardcover requirements with the hardcover at approximately 21% of the lot. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing conditions of the property as a practical difficulty. The existing deck is partially within the average lakeshore setback and the applicant proposes to maintain that setback. The home is situated on the property in such a way that the screened in porch expansion would not impact the lake views of the neighboring property. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The average lakeshore setback for the property is determined by only one neighbor, 3265 Bohns Point Lane. Because there is only one neighboring property, the average lakeshore setback line is a flat setback of 70 feet, which is the neighbor’s distance from the OHWL. Staff does not find that the expansion of the screened in porch on top of the existing deck will negatively impact lake views for the neighboring property due to orientation of the neighboring home and dense vegetative screening. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Setbacks: LR-1B District Required Existing Proposed Rear/Street 35’ 91.8’ 91.8’ North Side 10’ 67.9’ 67.9 South Side 10’ 25.9 25.9 Lakeshore 75’ 75’ 75’ Average Lakeshore Approximately 5’ is within the ALS Application Summary: The applicant is requesting an average lakeshore setback variance for an addition to the home. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000037 August 21, 2023 Page 2 of 5 Section 78-330 – Lot Area/Width: LR-1B District Lot Area Lot Width Required 21,780 s.f. (1.0 acres) 140’ Actual 52,209 s.f. (1.2 acre) 195’ @ 75’ / 190’ @ OHWL Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 52,209 s.f. 13,052.25 s.f. (25 %) 11,102 s.f. (21.26%) 11,102 s.f. (21.26%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The intent of the ordinance is to protect the lake views enjoyed by neighboring properties. Structures over 42 inches in height are prohibited in front of the average lakeshore setback line. A portion of the existing deck on the subject property is in front of the average lakeshore setback line. Construction of a screened in porch on top of the existing deck’s footprint is not permitted without a variance as the screened in porch creates a new vertical encroachment into the average lakeshore setback. The subject property has only one impacted neighbor and is oriented in a way that the existing deck and proposed expansion does not impact the lake views for said neighbor. The neighbor’s views of the lake are protected and therefore the intent of the ordinance is met. 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. An average lakeshore setback variance is required for the construction of a screened in porch addition on top of the existing deck’s footprint. Approximately 5 feet of the current deck is within the average lakeshore setback and therefore expansion would not be permitted. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring property to the south is not impacted by the existing deck or the proposed expansion. The requested screened in porch addition creates a new vertical encroachment in FILE #LA23-000037 August 21, 2023 Page 3 of 5 the average lakeshore setback, however does not create any further footprint expansion and all other setbacks including the 75-foot lake setback are met. The hardcover on the subject property will remain the same and is in compliance with the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variance resulting in a screened in porch addition for a residential use is consistent with the comprehensive plan. There have been instances when the City has granted variances from average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not within the 75-foot setback. The proposed addition is within the footprint of an existing deck and expansion is not likely to impact any lake views. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The existing deck was constructed prior to the City’s current regulations. The current deck is nonconforming with approximately 5 feet of the deck within the average lakeshore setback. The construction of a screened in porch addition on the existing deck footprint increases the use and enjoyment of the lake property and is a reasonable request. The proposal preserves the intent of the ordinance by not disrupting any neighboring lake views. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The existing house and deck were not constructed by the current property owners. The applicant is requesting the average lakeshore setback variance to construct a new screened in porch addition on the existing deck footprint for better use and fit for the current family’s needs; and c. The variance will not alter the essential character of the locality. The proposed variance resulting in a new addition on the lakeside of the home will not alter the character of the locality. The project will not enlarge the footprint or protrude closer to any setback. The screened in porch addition will be on top of the existing deck footprint. All other setbacks including the 75-foot lakeshore setback and hardcover are met. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 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 a permitted 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. FILE #LA23-000037 August 21, 2023 Page 4 of 5 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing nonconforming deck and the position of the property in relation to the neighboring homes is unique. The subject property has only one neighbor determining and impacted by the average lakeshore setback. The neighbor to the south is oriented away from the subject home and there is a dense vegetative screen between properties. The neighboring property will not have their lake view impacted by the proposed addition. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The request is specific to this property as it relates to an existing nonconforming deck. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed addition within an existing footprint preserves the property owner’s right to enjoy the lakeyard. The minor expansion does not negatively impact the neighboring properties or their views of the lake. This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance allows for the construction of a screened in porch addition on the footprint of an existing deck that protrudes 5 feet into the average lakeshore setback. A variance is needed for the vertical expansion. The proposed addition will allow the current property owners to fully use and enjoy the current footprint. This criterion is met. 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 The applicant has provided an acknowledgement form from the neighboring property. No other 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? FILE #LA23-000037 August 21, 2023 Page 5 of 5 Planning Staff Recommendation The proposed addition should not impact the views of the lake enjoyed by the neighboring property due to the position of the homes and existing vegetative screening. Staff recommends approval of the application as applied. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Narrative Exhibit D. Survey Exhibit E. Plans Exhibit F. Hardcover Calculations Exhibit G. Mailing List & Map AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances from lot size, lot width, hardcover and rear yard setback for the construction of a new home. 2. MN§15.99 Application Deadline. The application was received July 17, 2023 and considered to be complete on July 31, 2023. Therefore the 60-Day review period expires on September 29, 2023. 3. Background/ Summary. The applicant is proposing to demolish the existing home and construct a new home on the lot. The subject property is substandard in size and width for the LR-1B Zoning District and is currently nonconforming as it relates to average lakeshore setback, 75-foot lake setback, rear yard setback and hardcover. The applicant is proposing to construct the new home farther from the lake and therefore will bring it into conformance as it relates to the average lakeshore setback and 75-foot lake setback. The proposed home will require a rear hard setback to maintain a setback of 28.1 feet where 30 feet is required. The project will also reduce hardcover from 28% to 27.2%, which is still over the maximum of 25%. The applicant is requesting variances from lot size, lot width, rear yard setback and hardcover. The practical difficulties listed by the applicant include the substandard lot size and width and existing conditions of the site. 4. Planning Commission Vote and Comment. On August 21, 2023, the Planning Commission held a public hearing. The Commission reviewed the application and noted the site constraints of the lot and that the new home will be in compliance with lake setbacks and that the property will have a reduction in hardcover. The Commission voted 5 to 0 on a motion to approve the requested variances as applied. 5. Public Comment. The applicant has provided neighbor acknowledgment forms. A neighbor voiced support of the project at the public hearing and brought up construction timing concerns. The applicant stated that there will be communication with the neighbors regarding construction and trucks. No other public comment has been received. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7400 Exhibits Exhibit A. Draft Resolution No. 7400 Exhibit B. Proposed Plans Exhibit C. Draft PC Minutes 8/21/2023 Exhibit D. PC Staff Report 8/21/2023 References PC Exhibits 8/21/2023 Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Proposed Survey Item No.: 14 Date: September 11, 2023 Item Description: #LA23-000039, Eugene Dobkin, 1380 Rest Point Road Variances – Resolution No. 7400 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: Exhibit D. Existing Survey Exhibit E. Plans Exhibit F. Narrative Exhibit G. Hardcover Calculations Exhibit H. Neighbor Acknowledgments Exhibit I. Property Owners List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7400 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330, 78-350, & 78-1680 FILE NO. LA23-000039 WHEREAS, on July 17, 2023, Eugene Dobkin (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 1380 Rest Point Road and legally described as: IN LOTS 6 & 7, SUBDIVISION OF LOT 14 REST POINT PARK LAKE MINNETONKA HENNEPIN COUNTY, MINNESOTA (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for lot area and lot width variances from City Code Section 78-350 in order to construct a new single-family home; and WHEREAS, the Applicant has applied to the City of Orono for a variance from hardcover beyond the 25% limit from City Code Section 78-1680 in order to construct a new single-family home; and WHEREAS, the Applicant has applied to the City of Orono for a rear yard setback variance from City Code Section 78-330 in order to construct a new single-family home; and WHEREAS, on August 21, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 21, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variances as applied; and WHEREAS, on September 11, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7400 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000039. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. 3. The Property contains 15,509 square feet in area and has a defined lot width of 98 feet at the 75- foot lakeshore setback and a lot width of 98 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Area b. Lot Width c. Hardcover d. Rear Yard Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. A portion of the existing home and deck extend beyond the average lakeshore setback and 75-foot lake setback. The proposed new home has been moved further back from the lake in order to meet the required lake setbacks. The existing conditions of the property are not compliant with the required hardcover maximum of 25%. The proposed project will reduce the hardcover from 28.5% to 27.2% and therefore will bring the lot closer to conformance. The existing home is currently nonconforming with the rear yard setback requirement of 30 feet. The applicant is requesting to maintain the existing 28.1’ setback. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7400 3 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a new single-family home is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The overall reduction in total hardcover bringi ng the lot into conformance and moving the structure out of the required lakeyard setbacks is also consistent with the goals of the Comprehensive Plan. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a new single-family is a reasonable use of the property. The proposed home will be set back further from the lake and the overall hardcover will be reduced. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain the same rear yard setback, but will bring the new home into compliance with the required lake setbacks. The small lot size, substandard width, and existing improvements are not the result of the current property owner’s actions; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The new home will be further from the lake and the nonconforming rear yard setback will be maintained. There will also be a reduction in overall hardcover which will benefit the surrounding area. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7400 4 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is a permitted 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 substandard lot size, substandard lot width, and existing conditions of the property are unique conditions to this specific property. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” While the surrounding properties are similar in size, the location of the existing structures on the property are unique to the subject property. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The existing home is in a nonconforming location. The proposal will maintain a similar rear yard setback, but to improve the required lake setbacks. The proposed home will be in compliance with the average lakeshore setback and the 75-foot lake setback. The overall hardcover will also be reduced on the site. This criterion is met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances allow for the construction of a new home in a similar location to the existing home, while improving some of the nonconformities. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-330, 78-350, and 78-1680 to allow the construction of a new single family home with exceptions to lot area, lot width, 27.2 % overall hardcover and 28.1’ rear yard setback subject to the following conditions: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7400 5 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 11, 2024). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of September, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Exhibit AResolution 7400 ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM12" = 1'-0"6/28/2023 11:15:41 AMA01Cover Page1380Orono1380 Rest Point Rd5/31/2023Alexander BocharnikovALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.PLAN INFORMATIONCODE INFORMATIONSheet ListSheetNumberSheet NameA02 ElevationsA03 Foundation / BasementA04 Main LevelA05 Upper LevelA06 Site PlanA07 Rear 3D ProposedA10 Detail Plan 2 of 2E1 BasementE2 Main LevelE3 Upper LevelA11 Bracing NotesA12 Bracing PlanA01 Cover PageArea ScheduleArea LevelName1837 SF Second Floor Upper Level1284 SF Basement Floor Finished Basement1624 SF First Floor Main Level820 SF First Floor Garage176 SF First Floor Porch503 SF First Floor Deck78 SF Basement Floor Stairs100 SF Basement Floor Mech RoomFRAMING NOTES:-ALL EXTERIOR WALLS TO BE 2X6 @ 16" O.C. WITHA DOUBLE TOP PLATE UNLESS OTHERWISENOTED.-WALL FRAMING SHALL BE S.P.F. STUD GRADE ORBETTER UNLESS NOTED OTHERWISE (U.N.O.)-ALL HEADERS SHALL BE (2) -2X10 U.N.O.-EXTERIOR SHEATHING SHALL BE 7/16" MATERIALCONSISTING OF ORIENTED STRAND BOARD (OSB).-ALL FLOOR AND CEILING SYSTEMS TO CHECKEDAND DESIGNED BY THE DESIGNATEDMANUFACTURER. TRUSS PLANS TO BE ON SITE @TIME OF FRAMING-PRESSURE TREATED WOOD IS TO BE USEDWHERE WOOD IS IN CONTACT WITH CONCRETEAND AT 2X8 MUD SILL. TREATED MEMBERS TO BES.Y.P. #2 OR BETTER.-FOR OPENINGS IN EXTERIOR WALLS (OR WALLSWITH LATERAL LOADING:a) 0'-0" -4'-0" = 1 JACK STUD b) 4'-0" -8'-0" = 2 JACK STUDSc) 8'-0" -12'-0" = 3 JACK STUDSd) GREATER THEN 12' = CONSULT ENGINEER.-POSTS CALLED OUT ARE NUMBER OF KINGSTUDS REQUIRED PER SIDE OF OPENING.CONCRETE NOTES:-ALL CONCRETE FOOTINGS AND FOUNDATIONSYSTEMS ARE DESIGNED FOR A 2000 P.S.F. SOIL-FOUNDATION WALLS SHALL BE FULL HEIGHT ATUNBALANCED FILL GREATER THEN 3'-4"-1/2" ANCHOR BOLTS EMBEDDED 7" MINIMUM @ 4'O.C. MAX. 12" MIN. FROM EACH END. MINIMUM OF 2BOLTS IN EACH SILL PLATE-PAD FOOTINGS REINFORCEMENT IS TO BELOCATED 3" FROM BOTTOM OF FOOTING TYP.(WHEN REQUIRED)-CONTRACTOR IS RESPONSIBLE FOR ALL STEELREBAR SIZING PER STATE AND LOCAL BUILDINGCODES-MIN. 5000 PSI CONCRETE @ ALL FOOTINGSINSULATION:-ALL EXTERIOR WALLS TO HAVE A MINIMUM RATING OFR-20-ALL ATTIC SPACES ARE TO HAVE A MINIMUM RATINGOF R-49-ALL FLOOR SPACES OVER UNCONDITIONED SPACEOR CANTILEVERED ARE TO HAVE A MINIMUM RATINGOF R-30SHEETROCK:-ALL CEILINGS ARE TO HAVE 5/8" NON-SAG GYPSUMBOARD U.N.O.-ALL WALLS ARE TO HAVE 1/2" GYPSUM BOARD U.N.O.-GARAGE CEILING AND WALLS THAT ADJOIN HOUSEWALLS ARE TO BE 5/8" TYPE "X" GYPSUM BOARDU.N.O.-ALL EXTERIOR WALLS OF GARAGE AND HOUSE THATARE WITHIN 5' SETBACK TO HAVE 5/8" TYPE "X"EXTERIOR GRADE GYPSUM BOARD ON EXTERIORSIDE OF WALL AND 5/8" TYPE "X" ON INTERNAL SIDEOF WALL.DOORS AND WINDOWS:ALL WINDOWS AND DOORS TO NE DOUBLE GLASS PANELS WITH LOW-E RATINGS.-ANY WINDOW WITHIN 24" OF A DOOR SWING MUST BETEMPERED-ANY WINDOW ABOVE A TUB MUST BE TEMPERED-ANY WINDOW WITHIN A STAIRWAY MUST BE TEMPERED-WINDOW GLAZING MUST BE AT LEAST 18" ABOVEFINISHED FLOOR WHEN WINDOW IS ABOVE 6' FROMGRADE.-ALL BEDROOMS TO HAVE AT LEAST ONE WINDOW THATHAS A CLEAR EGRESS OPENING OF 5.7 SQ. FT. WITH MIN.DIMENSIONS OF 24" IN HEIGHT AND 20" IN WIDTH, SILLHEIGHT NOT TO BE GREATER THEN 44" ABOVE FINISHEDFLOOR.-WINDOWS WITH SILLS WITHIN 3' OF THE FLOOR THEYSERVE AND ARE 72" ABOVE GRADE MUST EITHER HAVE AFALL PREVENTION OR OPENING LIMITER DEVICE PERCODE.MECHANICAL & ELECTRICAL:-ALL ELECTRICAL AND MECHANICAL EQUIPMENT TOBE VERIFIED AND INSTALLED PER CODE BYAPPROVED TRADES AND INSTALLERS.PLAN INFORMATIONCODE INFORMATIONSOIL TYPE:DESIGNED WITH 2000 PSF SOILS, ALL FOUNDATION CONSTRUCTION MUST FACTOR IN THIS AT MINIMUMGENERAL NOTES:-ALL FOUNDATION WALL STRUCTURAL INFORMATIONUSED TO CONSTRUCT THE FOUNDATION SYSTEM ISTO BE ON SITE WHEN POURING OR BUILDING WALLS.-ALL STRUCTURAL BEAMS, POSTS & TALL WALLS ARETO BE BUILT PER I-LEVEL SPECIFICATIONS.-ALL MANUFACTURED FLOORS & ROOF TRUSSES ARETO BE INSTALLED PER MANUFACTURERSSPECIFICATIONS.-ALL MANUFACTURED FLOOR & ROOF TRUSSSPECIFICATIONS ARE TO BE ON SITE DURINGINSTALLATION.WINDOW AND EXTERIOR DOOR U-FACTOR TO BE 0.30 OR BETTERGLASS SOLAR HEAT GAIN COEFFICIENT (SHGC) TO BE 0.28 OR BETTERWINDOW FALL PREVENTION DEVICES AND WINDOW GUARDS SHALL COMPLY WITH THE REQUIREMENTS OF ASTM F 2090CODE INFORMATION:SINGLE FAMILY CONSTRUCTION TYPE V-B-2020 MINNESOTA STATE RESIDENTIAL CODE-2020 NATIONAL ELECTRICAL CODE-2020 MINNESOTA STATE MECHANICAL&FUEL GAS CODE-2020 MINNESOTA STATE FIRE CODE-2020 MINNESOTA PLUMBING CODEWIND EXPOSURE:DESIGNED WITH "EXPOSURE B" CLASSIFICATIONS AND WIND GUSTS OF 115 MPH PER 2020 MN IRC CODE REGULATIONS.12" = 1'-0"13D View 112" = 1'-0"23D View 2Exhibit B Resolution 7400 T.O. Foundation951' -0"T.O. First Floor961' -9 3/8"Second Floor963' -4 1/8"Roof971' -5 1/4"B.O. GarageFoundation948' -8"First Floor952' -8 1/4"T.O. GarageFoundation952' -8"1214146655531' - 10"0' - 8"TTT6121' - 0"1' - 0"TTTT10' - 8"GRADE 6" FROM TOP OF FOUNDATION2' - 0"1261412651/4" = 1'-0"1Front ElevationALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COMAs indicated6/28/2023 11:15:45 AMA02Elevations1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov1/8" = 1'-0"2Left Elevation1/8" = 1'-0"3Rear Elevation1/8" = 1'-0"4Right Elevation 42"X24" FIXED42"X24" FIXED30"X48"CASEMENT16' GARAGE DOOR ABOVE18" WEB TRUSSESABOVE @ 19.2" O.C.112" OF 8" POURED20" X 8" CONC. FTG.WCFANSD36" VANITY8" OF 6" POURED40" OF 8" POURED20" X 8" CONC. FTG.SDCMCONC. PAD 20" W. X 8" D.UNDER BEARING WALL TYP.NOTE: 2X4 BEARING WALLSDCMUP9' GARAGE DOOR ABOVE60" x 32" SHOWERC.T. FLOOR& WALLS60" X 48" SLIDERR.O. 5'8" X 5'6"28" X 80"120" OF 8" POURED20" X 8" CONC. FTG.30" X 80"FURNACES.P.W.H.RADONR-10 -2" THERMAX INSUL. CONC. PAD 30"X 48" X 10" D.CONC. PAD 30"X 30" X 10" D.32" X 80"28" X 80"6' - 0"TT-3225TT-3225TT-1700TT-1700NOTE:FOUNDATION WALL ON SIDE ELEVATIONSAND REAR ELEVATION TO ALLOW 2" FOR FOAM INSULATION STORAGE BELOW STAIRCASE6' - 6"3' - 10"11' - 3"28" X 80"4' - 0"MECH ROOM8" OF 6" POURED40" OF 8" POURED20" X 8" CONC. FTG.60" OF 8" POURED20" X 8" CONC. FTG.4' - 0 1/4"18" WEB TRUSSESABOVE @ 19.2" O.C.5' - 4"13' - 0"7' - 6"19' - 0"2' - 8 3/4"12' - 8 1/4"3' - 7"3' - 9"3' - 9"6' - 0"7' - 0"UNEXCAVATEDFLEX ROOMFAMILY ROOMENTERTAINMENT AREAGUEST BEDROOM28" X 80"1' - 0"25' - 4"18' - 6"58' - 6"12' - 0"20' - 0"26' - 6"2' - 0"16' - 0"2' - 0"2' - 0"8' - 0"2' - 0"6' - 1 1/4"17' - 10"36" HIGH RAILINGTV17' - 8"5' - 5"35' - 3"W.I.C.BATH3' - 0"8' - 8 1/2"4' - 0"30" X 80"28" X 80"44' - 10"0' - 2"0' - 2"58' - 4"5' - 1"7' - 7 1/4"5' - 1"132" HIGH 12" CONC. WALL132" HIGH 12" CONC. WALL112" OF 8" POURED20" X 8" CONC. FTG.TOP CHORD BEARING TRUSSESBOTTOM CHORD BEARING TRUSSES1/4" = 1'-0"1Basement FloorALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM1/4" = 1'-0"6/28/2023 11:15:46 AMA03Foundation /Basement1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov 42"X24" FIXED42"X24" FIXED30"X60" FIXED30"X60" FIXED30"X60" FIXED30"X60"CASEMENT30"X60"CASEMENT24"X36" FIXED24"X36" FIXED 24"X36" FIXED48"X60" FIXED30"X48"CASEMENTDW30"X48"CASEMENT30"X48"CASEMENT36"X60" FIXED36"X60" FIXED30"X72"CASEMENT30"X72"CASEMENT30"X72"CASEMENT48"X60" FIXED48"X60" FIXED48"X60" FIXED48"X60" FIXED42"X24" FIXEDRef.Ref.UP16' x 8' O.H. DOOR2 PLY -11 7/8" LVL HDR.44' - 0"9' x 8' O.H. DOOR2 PLY -11 7/8" LVL HDR.1' - 0"25' - 0"19' - 0"25' - 0"(3) -2X10 DROPPED BEAMSDCMSD5' - 6"13' - 6"TT-3225TT-3225TT-1700TT-1700ELECTRIC F.P.BUILD INBUILD INCARPET STAIRSTEMPERED7' - 10"8' - 0"10' - 8"48" X 108"12' - 0"46' - 6"3' - 8"4' - 0"3' - 8"7' - 0"3' - 9"28' - 0"11' - 0"5' - 0"39' - 6"18" WEB TRUSSESABOVE @ 19.2" O.C.GREAT ROOM36" HIGH RAILINGSTRUCTURAL BEAMDINING ROOMKITCHENBEDROOM 2PANTRYW.I.C.BATHMUDROOMPWDR. RM.FOYERSTUDY2' - 1"6' - 0 1/4"2' - 1"30"30"24"24"36" SINK36" COOK TOP19' - 2"7' - 6"12' - 10"4' - 1"5' - 2 3/4"8' - 0 3/4"5' - 2 3/4"39' - 10"8' - 0"10' - 8"7' - 6"18' - 6"9' - 10"4' - 4"4' - 4"58' - 6"COVERED PORCH12' - 0"20' - 0"26' - 6"1' - 6"9' - 0"1' - 6"2' - 0"16' - 0"2' - 0"15' - 2"11' - 4"7' - 10"7' - 4"0' - 3"0' - 3"0' - 3"0' - 3"0' - 3"7' - 5"8' - 6"9' - 10"4' - 9"58' - 6"DECKDECK3 CAR GARAGEHEAT RISERBENCH / LOCKERSSHOWERSTEEL BEAM11' - 3 1/4"12' - 9 1/4"48" X 108"48" X 108"48" X 108"48" X 108"2' - 8 1/4"2' - 9 3/4"OVEN24"16' - 0"9' - 9"4' - 4"3' - 8"WASHER/ DRYER1/4" = 1'-0"1First FloorALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM1/4" = 1'-0"6/28/2023 11:15:47 AMA04Main Level1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov 30"X60"CASEMENT30"X60"CASEMENT30"X60"CASEMENT30"X60"CASEMENT36"X60" FIXED36"X60"CASEMENT36"X60" FIXED36"X60" FIXED36"X60" FIXED36"X60" FIXED36"X60" FIXED36"X60" FIXED36"X60"CASEMENT36"X60"CASEMENT36"X60" FIXED36"X60"CASEMENT36"X60"CASEMENT15' - 2"13' - 4"18' - 0"46' - 6"39' - 6"46' - 6"27" CAB. W/ SINK2' - 2"8' - 2"5' - 8"5' - 4 1/4"1' - 10 3/4"5' - 7 1/4"5' - 4"7' - 5 3/4"5' - 8 3/4"5' - 5 1/4"4' - 0"4' - 0"9' - 4"2' - 8"15' - 2"16' - 2"15' - 2"DN36"BEDROOM 3W.I.C.BATHW.I.C.W.I.C.W.I.C.BATHMASTER BATHBEDROOM 4BEDROOM 5MASTER SUITESITTING AREABENCHLAUNDRY10' - 1 1/2"5' - 0 1/2"8' - 1"8' - 1"0' - 3"0' - 3"5' - 0 1/2"10' - 1 1/2"19' - 2 1/4"7' - 6"12' - 9 3/4"14' - 11 1/4"4' - 3"7' - 9"7' - 5"8' - 8"4' - 8"8' - 10"9' - 2"LINEN39' - 6"12' - 9"8' - 3"5' - 8 1/4"12' - 9 3/4"1' - 10 3/4"5' - 5"5' - 4"5' - 5"7' - 3"1/4" = 1'-0"1Second FloorALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM1/4" = 1'-0"6/28/2023 11:15:47 AMA05Upper Level1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov LINE OF UPPER LEVELGARAGEPROPOSED HOUSEWINDOW WELLPORCHScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM1" = 10'-0"6/28/2023 11:15:48 AMA06Site Plan1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov1" = 10'-0"1First Floor Copy 1 ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM12" = 1'-0"6/28/2023 11:15:49 AMA07Rear 3D Proposed1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov12" = 1'-0"13D View Rear 112" = 1'-0"23D View Rear 2 ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM12" = 1'-0"6/28/2023 11:15:41 AMA01Cover Page1380Orono1380 Rest Point Rd5/31/2023Alexander BocharnikovALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.PLAN INFORMATIONCODE INFORMATIONSheet ListSheetNumberSheet NameA02 ElevationsA03 Foundation / BasementA04 Main LevelA05 Upper LevelA06 Site PlanA07 Rear 3D ProposedA10 Detail Plan 2 of 2E1 BasementE2 Main LevelE3 Upper LevelA11 Bracing NotesA12 Bracing PlanA01 Cover PageArea ScheduleArea LevelName1837 SF Second Floor Upper Level1284 SF Basement Floor Finished Basement1624 SF First Floor Main Level820 SF First Floor Garage176 SF First Floor Porch503 SF First Floor Deck78 SF Basement Floor Stairs100 SF Basement Floor Mech RoomFRAMING NOTES:-ALL EXTERIOR WALLS TO BE 2X6 @ 16" O.C. WITHA DOUBLE TOP PLATE UNLESS OTHERWISENOTED.-WALL FRAMING SHALL BE S.P.F. STUD GRADE ORBETTER UNLESS NOTED OTHERWISE (U.N.O.)-ALL HEADERS SHALL BE (2) -2X10 U.N.O.-EXTERIOR SHEATHING SHALL BE 7/16" MATERIALCONSISTING OF ORIENTED STRAND BOARD (OSB).-ALL FLOOR AND CEILING SYSTEMS TO CHECKEDAND DESIGNED BY THE DESIGNATEDMANUFACTURER. TRUSS PLANS TO BE ON SITE @TIME OF FRAMING-PRESSURE TREATED WOOD IS TO BE USEDWHERE WOOD IS IN CONTACT WITH CONCRETEAND AT 2X8 MUD SILL. TREATED MEMBERS TO BES.Y.P. #2 OR BETTER.-FOR OPENINGS IN EXTERIOR WALLS (OR WALLSWITH LATERAL LOADING:a) 0'-0" -4'-0" = 1 JACK STUD b) 4'-0" -8'-0" = 2 JACK STUDSc) 8'-0" -12'-0" = 3 JACK STUDSd) GREATER THEN 12' = CONSULT ENGINEER.-POSTS CALLED OUT ARE NUMBER OF KINGSTUDS REQUIRED PER SIDE OF OPENING.CONCRETE NOTES:-ALL CONCRETE FOOTINGS AND FOUNDATIONSYSTEMS ARE DESIGNED FOR A 2000 P.S.F. SOIL-FOUNDATION WALLS SHALL BE FULL HEIGHT ATUNBALANCED FILL GREATER THEN 3'-4"-1/2" ANCHOR BOLTS EMBEDDED 7" MINIMUM @ 4'O.C. MAX. 12" MIN. FROM EACH END. MINIMUM OF 2BOLTS IN EACH SILL PLATE-PAD FOOTINGS REINFORCEMENT IS TO BELOCATED 3" FROM BOTTOM OF FOOTING TYP.(WHEN REQUIRED)-CONTRACTOR IS RESPONSIBLE FOR ALL STEELREBAR SIZING PER STATE AND LOCAL BUILDINGCODES-MIN. 5000 PSI CONCRETE @ ALL FOOTINGSINSULATION:-ALL EXTERIOR WALLS TO HAVE A MINIMUM RATING OFR-20-ALL ATTIC SPACES ARE TO HAVE A MINIMUM RATINGOF R-49-ALL FLOOR SPACES OVER UNCONDITIONED SPACEOR CANTILEVERED ARE TO HAVE A MINIMUM RATINGOF R-30SHEETROCK:-ALL CEILINGS ARE TO HAVE 5/8" NON-SAG GYPSUMBOARD U.N.O.-ALL WALLS ARE TO HAVE 1/2" GYPSUM BOARD U.N.O.-GARAGE CEILING AND WALLS THAT ADJOIN HOUSEWALLS ARE TO BE 5/8" TYPE "X" GYPSUM BOARDU.N.O.-ALL EXTERIOR WALLS OF GARAGE AND HOUSE THATARE WITHIN 5' SETBACK TO HAVE 5/8" TYPE "X"EXTERIOR GRADE GYPSUM BOARD ON EXTERIORSIDE OF WALL AND 5/8" TYPE "X" ON INTERNAL SIDEOF WALL.DOORS AND WINDOWS:ALL WINDOWS AND DOORS TO NE DOUBLE GLASS PANELS WITH LOW-E RATINGS.-ANY WINDOW WITHIN 24" OF A DOOR SWING MUST BETEMPERED-ANY WINDOW ABOVE A TUB MUST BE TEMPERED-ANY WINDOW WITHIN A STAIRWAY MUST BE TEMPERED-WINDOW GLAZING MUST BE AT LEAST 18" ABOVEFINISHED FLOOR WHEN WINDOW IS ABOVE 6' FROMGRADE.-ALL BEDROOMS TO HAVE AT LEAST ONE WINDOW THATHAS A CLEAR EGRESS OPENING OF 5.7 SQ. FT. WITH MIN.DIMENSIONS OF 24" IN HEIGHT AND 20" IN WIDTH, SILLHEIGHT NOT TO BE GREATER THEN 44" ABOVE FINISHEDFLOOR.-WINDOWS WITH SILLS WITHIN 3' OF THE FLOOR THEYSERVE AND ARE 72" ABOVE GRADE MUST EITHER HAVE AFALL PREVENTION OR OPENING LIMITER DEVICE PERCODE.MECHANICAL & ELECTRICAL:-ALL ELECTRICAL AND MECHANICAL EQUIPMENT TOBE VERIFIED AND INSTALLED PER CODE BYAPPROVED TRADES AND INSTALLERS.PLAN INFORMATIONCODE INFORMATIONSOIL TYPE:DESIGNED WITH 2000 PSF SOILS, ALL FOUNDATION CONSTRUCTION MUST FACTOR IN THIS AT MINIMUMGENERAL NOTES:-ALL FOUNDATION WALL STRUCTURAL INFORMATIONUSED TO CONSTRUCT THE FOUNDATION SYSTEM ISTO BE ON SITE WHEN POURING OR BUILDING WALLS.-ALL STRUCTURAL BEAMS, POSTS & TALL WALLS ARETO BE BUILT PER I-LEVEL SPECIFICATIONS.-ALL MANUFACTURED FLOORS & ROOF TRUSSES ARETO BE INSTALLED PER MANUFACTURERSSPECIFICATIONS.-ALL MANUFACTURED FLOOR & ROOF TRUSSSPECIFICATIONS ARE TO BE ON SITE DURINGINSTALLATION.WINDOW AND EXTERIOR DOOR U-FACTOR TO BE 0.30 OR BETTERGLASS SOLAR HEAT GAIN COEFFICIENT (SHGC) TO BE 0.28 OR BETTERWINDOW FALL PREVENTION DEVICES AND WINDOW GUARDS SHALL COMPLY WITH THE REQUIREMENTS OF ASTM F 2090CODE INFORMATION:SINGLE FAMILY CONSTRUCTION TYPE V-B-2020 MINNESOTA STATE RESIDENTIAL CODE-2020 NATIONAL ELECTRICAL CODE-2020 MINNESOTA STATE MECHANICAL&FUEL GAS CODE-2020 MINNESOTA STATE FIRE CODE-2020 MINNESOTA PLUMBING CODEWIND EXPOSURE:DESIGNED WITH "EXPOSURE B" CLASSIFICATIONS AND WIND GUSTS OF 115 MPH PER 2020 MN IRC CODE REGULATIONS.12" = 1'-0"13D View 112" = 1'-0"23D View 2Council Exhibit B T.O. Foundation951' -0"T.O. First Floor961' -9 3/8"Second Floor963' -4 1/8"Roof971' -5 1/4"B.O. GarageFoundation948' -8"First Floor952' -8 1/4"T.O. GarageFoundation952' -8"1214146655531' - 10"0' - 8"TTT6121' - 0"1' - 0"TTTT10' - 8"GRADE 6" FROM TOP OF FOUNDATION2' - 0"1261412651/4" = 1'-0"1Front ElevationALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COMAs indicated6/28/2023 11:15:45 AMA02Elevations1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov1/8" = 1'-0"2Left Elevation1/8" = 1'-0"3Rear Elevation1/8" = 1'-0"4Right Elevation 42"X24" FIXED42"X24" FIXED30"X48"CASEMENT16' GARAGE DOOR ABOVE18" WEB TRUSSESABOVE @ 19.2" O.C.112" OF 8" POURED20" X 8" CONC. FTG.WCFANSD36" VANITY8" OF 6" POURED40" OF 8" POURED20" X 8" CONC. FTG.SDCMCONC. PAD 20" W. X 8" D.UNDER BEARING WALL TYP.NOTE: 2X4 BEARING WALLSDCMUP9' GARAGE DOOR ABOVE60" x 32" SHOWERC.T. FLOOR& WALLS60" X 48" SLIDERR.O. 5'8" X 5'6"28" X 80"120" OF 8" POURED20" X 8" CONC. FTG.30" X 80"FURNACES.P.W.H.RADONR-10 -2" THERMAX INSUL. CONC. PAD 30"X 48" X 10" D.CONC. PAD 30"X 30" X 10" D.32" X 80"28" X 80"6' - 0"TT-3225TT-3225TT-1700TT-1700NOTE:FOUNDATION WALL ON SIDE ELEVATIONSAND REAR ELEVATION TO ALLOW 2" FOR FOAM INSULATION STORAGE BELOW STAIRCASE6' - 6"3' - 10"11' - 3"28" X 80"4' - 0"MECH ROOM8" OF 6" POURED40" OF 8" POURED20" X 8" CONC. FTG.60" OF 8" POURED20" X 8" CONC. FTG.4' - 0 1/4"18" WEB TRUSSESABOVE @ 19.2" O.C.5' - 4"13' - 0"7' - 6"19' - 0"2' - 8 3/4"12' - 8 1/4"3' - 7"3' - 9"3' - 9"6' - 0"7' - 0"UNEXCAVATEDFLEX ROOMFAMILY ROOMENTERTAINMENT AREAGUEST BEDROOM28" X 80"1' - 0"25' - 4"18' - 6"58' - 6"12' - 0"20' - 0"26' - 6"2' - 0"16' - 0"2' - 0"2' - 0"8' - 0"2' - 0"6' - 1 1/4"17' - 10"36" HIGH RAILINGTV17' - 8"5' - 5"35' - 3"W.I.C.BATH3' - 0"8' - 8 1/2"4' - 0"30" X 80"28" X 80"44' - 10"0' - 2"0' - 2"58' - 4"5' - 1"7' - 7 1/4"5' - 1"132" HIGH 12" CONC. WALL132" HIGH 12" CONC. WALL112" OF 8" POURED20" X 8" CONC. FTG.TOP CHORD BEARING TRUSSESBOTTOM CHORD BEARING TRUSSES1/4" = 1'-0"1Basement FloorALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM1/4" = 1'-0"6/28/2023 11:15:46 AMA03Foundation /Basement1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov 42"X24" FIXED42"X24" FIXED30"X60" FIXED30"X60" FIXED30"X60" FIXED30"X60"CASEMENT30"X60"CASEMENT24"X36" FIXED24"X36" FIXED 24"X36" FIXED48"X60" FIXED30"X48"CASEMENTDW30"X48"CASEMENT30"X48"CASEMENT36"X60" FIXED36"X60" FIXED30"X72"CASEMENT30"X72"CASEMENT30"X72"CASEMENT48"X60" FIXED48"X60" FIXED48"X60" FIXED48"X60" FIXED42"X24" FIXEDRef.Ref.UP16' x 8' O.H. DOOR2 PLY -11 7/8" LVL HDR.44' - 0"9' x 8' O.H. DOOR2 PLY -11 7/8" LVL HDR.1' - 0"25' - 0"19' - 0"25' - 0"(3) -2X10 DROPPED BEAMSDCMSD5' - 6"13' - 6"TT-3225TT-3225TT-1700TT-1700ELECTRIC F.P.BUILD INBUILD INCARPET STAIRSTEMPERED7' - 10"8' - 0"10' - 8"48" X 108"12' - 0"46' - 6"3' - 8"4' - 0"3' - 8"7' - 0"3' - 9"28' - 0"11' - 0"5' - 0"39' - 6"18" WEB TRUSSESABOVE @ 19.2" O.C.GREAT ROOM36" HIGH RAILINGSTRUCTURAL BEAMDINING ROOMKITCHENBEDROOM 2PANTRYW.I.C.BATHMUDROOMPWDR. RM.FOYERSTUDY2' - 1"6' - 0 1/4"2' - 1"30"30"24"24"36" SINK36" COOK TOP19' - 2"7' - 6"12' - 10"4' - 1"5' - 2 3/4"8' - 0 3/4"5' - 2 3/4"39' - 10"8' - 0"10' - 8"7' - 6"18' - 6"9' - 10"4' - 4"4' - 4"58' - 6"COVERED PORCH12' - 0"20' - 0"26' - 6"1' - 6"9' - 0"1' - 6"2' - 0"16' - 0"2' - 0"15' - 2"11' - 4"7' - 10"7' - 4"0' - 3"0' - 3"0' - 3"0' - 3"0' - 3"7' - 5"8' - 6"9' - 10"4' - 9"58' - 6"DECKDECK3 CAR GARAGEHEAT RISERBENCH / LOCKERSSHOWERSTEEL BEAM11' - 3 1/4"12' - 9 1/4"48" X 108"48" X 108"48" X 108"48" X 108"2' - 8 1/4"2' - 9 3/4"OVEN24"16' - 0"9' - 9"4' - 4"3' - 8"WASHER/ DRYER1/4" = 1'-0"1First FloorALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM1/4" = 1'-0"6/28/2023 11:15:47 AMA04Main Level1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov 30"X60"CASEMENT30"X60"CASEMENT30"X60"CASEMENT30"X60"CASEMENT36"X60" FIXED36"X60"CASEMENT36"X60" FIXED36"X60" FIXED36"X60" FIXED36"X60" FIXED36"X60" FIXED36"X60" FIXED36"X60"CASEMENT36"X60"CASEMENT36"X60" FIXED36"X60"CASEMENT36"X60"CASEMENT15' - 2"13' - 4"18' - 0"46' - 6"39' - 6"46' - 6"27" CAB. W/ SINK2' - 2"8' - 2"5' - 8"5' - 4 1/4"1' - 10 3/4"5' - 7 1/4"5' - 4"7' - 5 3/4"5' - 8 3/4"5' - 5 1/4"4' - 0"4' - 0"9' - 4"2' - 8"15' - 2"16' - 2"15' - 2"DN36"BEDROOM 3W.I.C.BATHW.I.C.W.I.C.W.I.C.BATHMASTER BATHBEDROOM 4BEDROOM 5MASTER SUITESITTING AREABENCHLAUNDRY10' - 1 1/2"5' - 0 1/2"8' - 1"8' - 1"0' - 3"0' - 3"5' - 0 1/2"10' - 1 1/2"19' - 2 1/4"7' - 6"12' - 9 3/4"14' - 11 1/4"4' - 3"7' - 9"7' - 5"8' - 8"4' - 8"8' - 10"9' - 2"LINEN39' - 6"12' - 9"8' - 3"5' - 8 1/4"12' - 9 3/4"1' - 10 3/4"5' - 5"5' - 4"5' - 5"7' - 3"1/4" = 1'-0"1Second FloorALL PLANS ARE TO BE REVISED BY THE GENERALCONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLEFOR ANY PROBLEM AS A RESULT OF AN ERROROMISSION ON THESE PLANS.ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM1/4" = 1'-0"6/28/2023 11:15:47 AMA05Upper Level1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov LINE OF UPPER LEVELGARAGEPROPOSED HOUSEWINDOW WELLPORCHScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM1" = 10'-0"6/28/2023 11:15:48 AMA06Site Plan1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov1" = 10'-0"1First Floor Copy 1 ScaleProject numberDateDrawn byAVA STUDIO4332 BROOKSIDE AVE, ST LOUIS PARK, MN 55436PHONE 612 532 8159EMAIL AVASTUDIO.AB1@GMAIL.COM12" = 1'-0"6/28/2023 11:15:49 AMA07Rear 3D Proposed1380Orono1380 Rest Point Rd5/31/2023Alexander Bocharnikov12" = 1'-0"13D View Rear 112" = 1'-0"23D View Rear 2 MINUTES OF THE ORONO PLANNING COMMISSION August 21, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 8 Chair Bollis opened the public hearing at 6:48 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:48 p.m. McCutcheon said this application is pretty conservative and Minnesota winters get tough as people get older. Ressler said he had nothing else to add. Erickson said he is in favor. Erickson moved, McCutcheon seconded, to approve LA23-000038, 1920 Concordia St. Variances. VOTE: Ayes: 5, Nays 0. 5. LA23-000039 EUGENE DOBKIN, 1380 REST POINT ROAD, REQUESTS VARIANCES FROM LOT SIZE, LOT WIDTH, HARDCOVER, AND REAR YARD SETBACK FOR THE CONSTRUCTION OF A NEW HOME. City Planner Nye gave a presentation on the item, stating that the lot size is substandard for the zoning district and the existing home is nonconforming and protrudes into the average lakeshore setback, rear yard setback, and has improvements within the 75-foot lake setback. The property is also beyond the allowable hardcover. The applicant is proposing to demolish the existing one and a half story home and build a new two-story home on the property. The proposed home will be constructed further from the lake and will meet the required 75-foot lake setback and comply with the average lakeshore setback as well. The proposed home will still have a rear yard setback of 28.1 feet where a 30-foot setback is required. The project will reduce hardcover from 28.5 percent to 27.2 percent which will still require a variance. The applicant is proposing to keep the existing non-conforming shed/boathouse on the property. The existing driveway is also non-conforming but would stay and that is allowed. The overall project will require variances from lot area, lot width, hardcover, and rear-yard setback. The applicant has identified the property’s substandard size, width and location of existing improvements as practical difficulties: Staff agrees with the applicant’s assessment. The property is substandard in size and width. The proposal to demolish the existing home and build a new home that is setback further from the lake which meets the required 75-foot setback and average lakeshore setback and reduces the hardcover has the support of staff. Eugene Dobkin, 1380 Rest Point Rd., said they have been working hard on the plan and that the house would not look noticeably different from the existing house from the outside and would have a similar footprint. Chair Bollis opened the public hearing at 6:53 p.m. David Wiemer, 1405 Rest Point Rd. said he has looked at the plans and they are in keeping with the neighborhood. His only concern was the ability of construction equipment to get in and out of the neighborhood since Rest Point Road is a very narrow road. He would ask the applicant, who is a neighbor, to work with the contractor on minimizing the impact of construction traffic. Otherwise, he said, it looks good. MINUTES OF THE ORONO PLANNING COMMISSION August 21, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 8 The builder was present and said on days when there would cement trucks or big deliveries, they would inform the neighbors of what is happening. Chair Bollis closed the public hearing at 6:55 p.m. Bollis said it is nice to see applications where what is proposed is better than existing. He is in favor in view of positive comments from the neighbors and a contractor who agrees to communicate with neighbors. Ressler said he was happy to see an improvement that includes addressing hardcover and lakeshore setback. Kraemer also said he supports it because of the reduction of hardcover and added distance from the lakeshore. McCutcheon moved, Kraemer seconded, to approve LA23-000039 1380 Rest Point Road Variances as applied. VOTE: Ayes: 5, Nays 0. Commissioner Libby arrived at about 7 p.m. 6. LA23-000042 ALLISON HOUSTON, 4731 NORTH SHORE DRIVE, REQUESTS A SETBACK VARIANCE IN ORDER TO CONSTRUCT A NEW DECK AND PATIO WITHIN A BLUFF SETBACK. City Planner Nye gave a presentation on the item, stating the applicant is proposing to enlarge a deck and patio on the west side of their home within a bluff setback. The City prohibits any buildings or structures within 30 feet of a top of a bluff and there is also a most sensitive bluff impact zone of 20 feet. The existing deck and at-grade patio underneath are entirely within the bluff setback and were originally approved with variances when the house was constructed in 2013. The applicant is proposing to expand both. There is some unimproved right of way next to the property where the City has done some stabilization in a sensitive area. The applicant is also proposing to remove an existing patio and a lakeside deck that were constructed by a previous owner without permits, which would bring the property into compliance with hardcover. The applicant has identified the substandard lot size and width as practical difficulties as well as the existing improvements and the natural landscape of the lot. Staff finds that there are a practical difficulties in the size and width of the lot, however the property currently has a deck and patio that allow for full use and enjoyment of the lot and the City is committed to protecting sensitive bluffs. The proposed project would decrease the setback from 10 to 8 feet at the bluff. While staff is supportive of the removal of nonconforming improvements and reduction in hardcover, staff cannot support the proposal as applied, Nye said. The applicant is present. McCutcheon asked if removing the existing non-conforming used would destabilize he bluff. Nye said it would have to be done carefully since previous owners had already disturbed that sensitive area. Allison Houston, 4731 North Shore Drive, said when they purchased the home they were naïve about building regulations. The lot is narrow and steep. They would like to expand the deck to make it more Date Application Received: 07/17/2023 Date Application Considered as Complete: 07/31/2023 60-Day Review Period Expires: 09/29/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: August 21, 2023 Subject: #LA23-000039, Eugene Dobkin, 1380 Rest Point Road Variances for Lot Area, Lot Width, Hardcover, and Rear Yard Setback - Public Hearing Background The existing home on the property is nonconforming and protrudes into the average lakeshore setback, rear yard setback, and has improvements within the 75-foot lake setback. The property is substandard in lot area and lot width and is beyond the allowable hardcover. The applicant is proposing to demolish the existing 1 ½ story home and build a new 2 story home on the property. The applicant is proposing to keep the existing shed/boathouse on the property. The proposed home will be constructed further from the lake and will therefore improve some of the nonconformities. The proposed home will meet the required 75-foot lake setback and comply with the average lakeshore setback as well. The proposed home will maintain the rear yard setback of 28.1’ when a 30’ setback is required. The project will reduce hardcover from 28.5% to 27.2%. The hardcover will still be over the maximum allowed of 25% and therefore requires a variance. The overall project will require variances from lot area, lot width, hardcover, and rear yard setback. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s substandard size, width and location of existing improvements as practical difficulties. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The property is substandard in size and width being 0.37 acres in size when 1 acre is required in the LR-1B District. The existing home on the property is nonconforming and encroaches into both the average lakeshore setback and the 75-foot lake setback. Additionally, the property is over on hardcover and does not meet the required rear yard setback. The proposal to demolish the existing home and build a new home that is setback further from the lake which meets the required 75-foot setback and average lakeshore setback and reduces the hardcover has the support of staff. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: LR-1B District Required Existing Proposed Rear/Street 30’ 28.1’ 28.1’ East Side 10’ 15.3’ 16.1’ West Side 10’ 17.9’ 22.1’ Lakeshore 75’ House - 82’ At-Grade Deck – 72’ House - 85’ At-Grade Deck - 75’ Average Lakeshore 5’ of existing deck within ALS Compliant Application Summary: The applicant is requesting variances for lot area, lot width, hardcover, and rear yard setback in order to construct a new home. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000039 August 21, 2023 Page 2 of 5 Section 78-350 – Lot Area/Width: LR-1B District Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 15,509 s.f. (0.37 acre) 98’ @ 75’ / 98’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 15,509 s.f. (0.37 acre) Allowed: 3,101.8 s.f. (20%) Existing: 2,888 s.f. (18.6%) Proposed: 2,611 s.f. (16.8%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 15,509 s.f. 3,877.25 s.f. (25 %) 4,532 s.f. (28.4%) 4,329 s.f. (27.2%) Applicable Regulations: Lot Area and Lot Width Variances (Section 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, such as the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s request for rear yard setback and hardcover variances results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width 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 were not granted. Hardcover Variance (Section 78-1680) The property is approximately 0.37 acres in a one-acre minimum zoning district. The existing hardcover on the property is 28.5% of the total area which is over the Tier 1 maximum of 25%. The proposed development of the property will reduce the overall hardcover and bring the lot closer to compliance with the hardcover limitation. The proposed total hardcover will be 27.2%. While the property currently has some improvements within the 75-foot lake setback (existing boathouse and deck), the proposed house is improving the overall hardcover by moving the home closer to the street and conforming to the 75’ setback and allowing for a shorter driveway. The applicant has also proposed to use the existing driveway configuration and width, which is wider than what would be permitted today. The applicant is requesting a hardcover variance in order to permit a total of 4,329 square feet of hardcover (27.2%). FILE #LA23-000039 August 21, 2023 Page 3 of 5 Rear Setback Variance (Section 78-330) The existing home is situated on the property 28.1 feet from the rear (street) property line. The applicant is proposing to maintain this setback but with a slightly wider home creating new encroachments within the street yard but maintaining the same setback and is therefore requesting a variance from the required 30-foot rear yard setback. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. A portion of the existing home and deck extend beyond the average lakeshore setback and 75-foot lake setback. The proposed new home has been moved further back from the lake in order to meet the required lake setbacks. The existing conditions of the property are not compliant with the required hardcover maximum of 25%. The proposed project will reduce the hardcover from 28.5% to 27.2% and therefore will bring the lot closer to conformance. The existing home is currently nonconforming with the rear yard setback requirement of 30 feet. The applicant is requesting to maintain the existing 28.1’ setback. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in a new single- family home is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The overall reduction in total hardcover bringing the lot into conformance and moving the structure out of the required lakeyard setbacks is also consistent with the goals of the Comprehensive Plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of a new single-family is a reasonable use of the property. The proposed home will be set back further from the lake and the overall hardcover will be reduced. This criterion is met. FILE #LA23-000039 August 21, 2023 Page 4 of 5 b. There are circumstances unique to the property not created by the landowner; The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain the same rear yard setback, but will bring the new home into compliance with the required lake setbacks. The small lot size, substandard width, and existing improvements are not the result of the current property owner’s actions; and c. The variance will not alter the essential character of the locality. The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The new home will be further from the lake and the nonconforming rear yard setback will be maintained. There will also be a reduction in overall hardcover which will benefit the surrounding area. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 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 a permitted 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 substandard lot size, substandard lot width, and existing conditions of the property are unique conditions to this specific property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While the surrounding properties are similar in size, the location of the existing structures on the property are unique to the subject property. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home is in a nonconforming location. The proposal will maintain a similar rear yard setback, but to improve the required lake setbacks. The proposed home will be in compliance with the average lakeshore setback and the 75-foot lake setback. The overall hardcover will also be reduced on the site. This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. FILE #LA23-000039 August 21, 2023 Page 5 of 5 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances allow for the construction of a new home in a similar location to the existing home, while improving some of the nonconformities. This criterion is met. 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 The applicant has provided an acknowledgement form from the property to the south, 1386 Rest Point Road. However, the application has not been able to reach the northern property owner, 1374 Rest Point Road. No other 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 have any issues or concerns with maintaining some of the existing nonconformities such as the existing boat house within the 75 -foot setback or 28-foot-wide driveway? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff is supportive of the requested variances for lot area, lot width, hardcover and rear yard setback in order to construct a new single-family home. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Proposed Survey Exhibit D. Existing Survey Exhibit E. Plans Exhibit F. Narrative Exhibit G. Hardcover Calculations Exhibit H. Neighbor Acknowledgements Exhibit I. Mailing List & Map AGENDA ITEM 1. Purpose. Our Prosecuting Attorney, Mr. Steve Tallon will provide a briefing on the prosecuting services he provides to the City of Orono. COUNCIL ACTION REQUESTED No Action Requested Item No.: 15 Date: September 11, 2023 Item Description: Prosecuting Attorney Annual Update Presenter: Steve Tallon Prosecuting Attorney Agenda Section: Presentation AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding a variance from a bluff setback in order to expand a deck and patio within the bluff impact zone. 2. MN§15.99 Application Deadline. The application was received July 17, 2023 and considered to be complete on July 31, 2023. Therefore the 60-Day review period expires on September 29, 2023. 3. Background/ Summary. The applicant is proposing to enlarge an existing deck and patio underneath the deck within a bluff setback. The entirety of the proposed deck and patio are within the bluff impact zone and do not meet the required bluff setback of 30 feet from top of bluff. The proposal will decrease the existing bluff setback of the deck from 10 feet to 8 feet. The original deck was constructed with the home in 2013. Several variances were granted through Resolution 6206 in order to construct the home and deck due to the location of the bluff. The bluff is located along the western side of the property. The western property line is shared with the city as it is an unimproved right-of-way. The city has recently made improvements within the right-of-way for ravine stabilization. The property currently has several improvements that were constructed without a permit by a previous home owner. The improvements include a lakeside deck and large patio. These unpermitted improvements are proposed to be removed by the applicant. The proposed project will bring the total hardcover of the site into compliance from 28.4% to 24.5%. Due to the sensitive nature of the bluff, staff is not supportive of the proposed deck and patio expansion. While the subject property is substandard in size and width, there is an existing deck and patio that allow for use and enjoyment of the lot. 4. Planning Commission Vote and Comment. On August 21, 2023, the Planning Commission held a public hearing, no public comments were made. The Commission reviewed the application and noted the proposed project will bring the overall hardcover of the lot into compliance and remove several unpermitted improvements within the bluff and lake yard. The Commission stated the expansion was not unreasonable and allowed for full use and enjoyment of the property. The Commission voted 6 to 0 on a motion to approve the requested variances as applied. 5. Public Comment. The applicant has provided neighbor support letter after the planning commission meeting, but no other public comment has been received. See Exhibit D 6. Staff Recommendation. Staff recommends denial of the application for a bluff setback variance as requested. Staff also recommends that the removal of the lakeside deck is done immediately, regardless of the outcome of the variance. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution. Exhibits Exhibit A. Proposed Plans Exhibit B. Draft PC Minutes 8/21/2023 Exhibit C. PC Staff Report 8/21/2023 Exhibit D. Neighbor Support Letter Item No.: 16 Date: September 11, 2023 Item Description: #LA23-000042, Allison Houston, 4731 North Shore Drive Variance Presenter: Natalie Nye Planner Agenda Section: Community Development Report AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: References PC Exhibits 8/21/2023 Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Narrative Exhibit D. Survey Exhibit E. Plans Exhibit F. Hardcover Calculations Exhibit G. Resolution 6206 Exhibit H. Property Owners List and Map MINUTES OF THE ORONO PLANNING COMMISSION August 21, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 8 The builder was present and said on days when there would cement trucks or big deliveries, they would inform the neighbors of what is happening. Chair Bollis closed the public hearing at 6:55 p.m. Bollis said it is nice to see applications where what is proposed is better than existing. He is in favor in view of positive comments from the neighbors and a contractor who agrees to communicate with neighbors. Ressler said he was happy to see an improvement that includes addressing hardcover and lakeshore setback. Kraemer also said he supports it because of the reduction of hardcover and added distance from the lakeshore. McCutcheon moved, Kraemer seconded, to approve LA23-000039 1380 Rest Point Road Variances as applied. VOTE: Ayes: 5, Nays 0. Commissioner Libby arrived at about 7 p.m. 6. LA23-000042 ALLISON HOUSTON, 4731 NORTH SHORE DRIVE, REQUESTS A SETBACK VARIANCE IN ORDER TO CONSTRUCT A NEW DECK AND PATIO WITHIN A BLUFF SETBACK. City Planner Nye gave a presentation on the item, stating the applicant is proposing to enlarge a deck and patio on the west side of their home within a bluff setback. The City prohibits any buildings or structures within 30 feet of a top of a bluff and there is also a most sensitive bluff impact zone of 20 feet. The existing deck and at-grade patio underneath are entirely within the bluff setback and were originally approved with variances when the house was constructed in 2013. The applicant is proposing to expand both. There is some unimproved right of way next to the property where the City has done some stabilization in a sensitive area. The applicant is also proposing to remove an existing patio and a lakeside deck that were constructed by a previous owner without permits, which would bring the property into compliance with hardcover. The applicant has identified the substandard lot size and width as practical difficulties as well as the existing improvements and the natural landscape of the lot. Staff finds that there are a practical difficulties in the size and width of the lot, however the property currently has a deck and patio that allow for full use and enjoyment of the lot and the City is committed to protecting sensitive bluffs. The proposed project would decrease the setback from 10 to 8 feet at the bluff. While staff is supportive of the removal of nonconforming improvements and reduction in hardcover, staff cannot support the proposal as applied, Nye said. The applicant is present. McCutcheon asked if removing the existing non-conforming used would destabilize he bluff. Nye said it would have to be done carefully since previous owners had already disturbed that sensitive area. Allison Houston, 4731 North Shore Drive, said when they purchased the home they were naïve about building regulations. The lot is narrow and steep. They would like to expand the deck to make it more MINUTES OF THE ORONO PLANNING COMMISSION August 21, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 8 usable. Because of the topography of the lot there is no other location. The bluff would fall off about six to 8 feet into the yard from the lake. The designer was also present and answered specific questions regarding footings. Erickson asked how much a two-foot difference would really make to their use of the patio. Houston said it is an oddly-shaped deck and once a table and grill is there it gets difficult to use. They were hoping to even the shape of the deck. She noted this was about the third version of the plan because they kept trying to minimize the encroachment on the bluff. Erickson noted a neighbor had sent an email supporting the project. Chair Bollis opened the public hearing at 7:10 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:10 p.m. Bollis said he thought the applicant has made a good effort to propose a project that is limited in encroachment on the bluff. Removal of the lakeside pieces makes the situation better and would probably work if done in wintertime, he said, adding it is rare he disagrees with staff but supports this application. Mark McCutcheon said he could see the back and forth and based on where it is, the proposal is not egregious. He would agree to wiggle on this one, he said. The City has seen some of these bluff projects go bad so don’t try to limit the footings, he added. Kraemer said he agreed with the other commissioners and the proposed plan for the footings. Ressler said it was worth noting that neighbors were in support. Kraemer moved, Libby seconded, to approve LA23-000042 4731 NORTH SHORE DRIVE Variances. VOTE: Ayes: 6, Nays 0. 7. LA23-000043 JALIN DESIGN, LLC - JEFF LINDGREN, 2726 CAROLINE AVENUE, REQUESTS AN AVERAGE LAKESHORE SETBACK VARIANCE TO PERMIT A ROOF EXPANSION. City Planner Curtis gave a presentation on the item explaining that in 2022 an average lakeshore setback variance was granted for additions and modifications to the existing home within the setback. After the approval, the owners decided on a new build instead. The variances granted remain in effect and overall the new home will comply with the zoning setbacks as well as the variance approvals. However, the new plans reflects a change in the roof shape, height, and mass within the average lakeshore setback which will require a new average lakeshore setback variance, according to Curtis, although there are no new footprint encroachments. The applicant has identified the shoreline, the adjacent homes, and the shape and orientation of the property as practical difficulties supporting the requested variance. Staff agrees that the location of the existing home with respect to the shoreline and the home to the north contribute to the practical difficulty on this property and the curve of the shoreline also creates a challenge. Supportive Date Application Received: 07/19/2023 Date Application Considered as Complete: 07/25/2023 60-Day Review Period Expires: 09/23/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: August 21, 2023 Subject: LA23-000042, Allison Houston, 4731 North Shore Drive, Variance, Public Hearing Background The applicant is proposing to enlarge a deck on the west side of their home within a bluff setback. The City prohibits any buildings or structures within 30 feet of a top of bluff. The subject property contains a bluff along the western property line. The entirety of the existing deck and at-grade patio are within the bluff setback. The deck was originally approved with variances when the house was constructed in 2013. The applicant is proposing to expand the deck within the bluff setback as well as expand the at-grade patio beneath the deck. The subject property has several improvements that were constructed without proper permits. The applicant is proposing to remove an existing patio and a lakeside deck that were constructed by a previous owner without permits. Additionally, through the removal of said improvements, the property will be brought into compliance with hardcover. The property currently is at 28.4% hardcover and the proposal will bring the property down to 24.5%. Due to the sensitivity of the bluff, Staff does not support the application as applied. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the substandard lot size and width as practical difficulties. In addition, the applicant has identified the existing improvements and the natural landscape of the lot as a hardship. The commission should ask the applicant for additional testimony identifying additional practical difficulties supporting the enlarged deck request. Planning Staff Practical Difficulty Analysis: Staff finds that there are a practical difficulties in the size and width of the lot. The subject property is substandard in size and width. The LR-1B Zoning District requires a 1 acre minimum and a minimum width of 140 feet. The subject property is 0.26 acres in size and only 60 feet in width. The subject property has several improvements on the property that are nonconforming and within the sensitive bluff impact zone. Expansion of the existing deck is not possible without a variance from the required 30-foot bluff setback. While staff finds practical difficulties in the lot, the subject property currently has a deck and patio that allow for full use and enjoyment of the lot. The existing deck may be Application Summary: The applicant is requesting a variance in order to construct a new deck and patio within a bluff setback. Staff Recommendation: Planning Department Staff recommends denial of the variance as applied. LA23-000042 August 21, 2023 Page 2 of 5 repaired or even reconstructed in-kind, per City code. Any expansion of the deck and patio are not permitted and would further disturb the sensitive area of the bluff. While staff is supportive of the removal of nonconforming improvements and reduction in hardcover, staff cannot support the proposal as applied. LOT ANALYSIS WORKSHEET Section 78-350– Setbacks: DISTRICT LR-1B Required Existing Proposed Rear (Street) 30’ 30’ 30’ Side (West) 7.5’ 10’ 10’ Side (East) 7.5’ 11’ 11’ Lakeshore 75’ 99’ 99’ Bluff Building Setback 30’ from Top of Bluff 10’ 8’ Bluff Impact Zone 20’ from Top of Bluff 10 8’ Average Lakeshore Met Section 78-350 – Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 11,157 (0.26 acre) 60’ @ 75’ / 60’ @ OHWL Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 11,157 s.f. 2,789.25 s.f. (25 %) 3,338 s.f. (28.4%) 3,185 s.f. (24.5%) Applicable Regulations: Bluff Setback (Section 78-1279) The City Code prohibits the construction of buildings or structures within 30 feet of a top of bluff. The code also defines the most sensitive area as a bluff impact zone, which is defined as 20 feet from the top of bluff. Regulations are in place to protect bluffs in order to reduce the risk of slope failure and minimize erosion and sediment in the waterways. The subject property has existing improvements within the bluff impact zone and in front of the bluff setback line. The proposed project expands the existing deck and at-grade patio within the bluff impact zone. The application also proposes the removal of a large patio and fireplace that are also within the bluff impact zone. 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 LA23-000042 August 21, 2023 Page 3 of 5 demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance is not in harmony with the purpose of the Ordinance. The proposed deck expansion is within the bluff impact zone of 20 feet and does not conform to the required bluff setback of 30 feet. The current deck is located within the sensitive impact zone bluff zone, but is permitted to remain. Further expansion is not permitted and not supported by practical difficulties. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The proposed variance is not consistent with the comprehensive plan. The comprehensive plan emphasizes the protection of natural resources including our natural waterways. The bluff setbacks protect sensitive slopes and prevent erosion. The variance to further disturb and build within a bluff impact zone is not consistent with the comprehensive plan. This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The expansion of the deck and patio within the bluff impact zone is not supported by practical difficulties and therefore is not a reasonable use of the property. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The lot size, width, topography, and existing improvements have not been created by the current homeowner. c. The variance will not alter the essential character of the locality. The variance if approved would further disturb the sensitive bluff area, which may negatively impact the slope and Lake Minnetonka. This criterion is not met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a single-family residence 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. LA23-000042 August 21, 2023 Page 4 of 5 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The special conditions of the property include the substandard lot size, substandard lot width, topography, and location of existing structures. Many properties in the same neighborhood have similar conditions and must adhere to the required bluff setback. This criterion is not met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. There are no special conditions that are unique to the property. This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home on the property has an existing deck and at-grade patio. The expansion of the deck is not necessary for the preservation and enjoyment of the property. This criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances would be contrary to the intent of the zoning chapter. This criterion is not met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The setback variance to construct within a bluff impact zone is not necessary. The property currently has outdoor space that can be used. There are not practical difficulties that support the expansion of the current deck and patio. The requested variance seems to be a convenience to the applicant. This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Engineer Comments The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at the time of building permit. Public Comments No public comments have been received related to this application. 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 Commission find the removal of the nonconforming lakeside deck and large patio to offset the expa nsion of the existing deck and patio within the bluff impact zone? 3. The Commission should discuss if the property owner has reasonable use of the property. 4. Are there any other issues or concerns with this application? Planning Staff Recommendation The proposal of expanding the existing deck and patio on the west side of the home is not supported by staff due to the sensitive nature of the bluff. The proposal decreases the setback of the deck to the top of bluff from 10 feet to 8 feet. The entire project will disturb land and soil LA23-000042 August 21, 2023 Page 5 of 5 that may impact the security of the slope. Planning staff recommends denial of application for a bluff setback variance as requested. Staff also recommends that the removal of the lakeside deck is done immediately, regardless of the outcome of the variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Narrative Exhibit D. Survey Exhibit E. Plans Exhibit F. Hardcover Calculations Exhibit G. Resolution 6206 (original approval of house and deck) Exhibit H. Property Owners List and Map From:Tempest Arends To:Natalie Nye Subject:4731 North Shore Drive Date:Friday, August 18, 2023 1:08:07 PM Natalie, I am the next door neighbor at 4725 North Shore Drive. I support the deck project requiring a bluff variance. Sincerely, Tempest Arends AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain council approval to extend the Prosecuting Attorney Contract. 2. Background. The City entered into a 5 year contract with Steve Tallen for prosecuting attorney services in 2017. The contract was extended thru September 2023. Long term the City will be exploring the development of a Joint Powers agreement with our Police contract Cities to engage a common prosecutor for all for the cities the Orono PD serves. As that process continues Mr. Tallen has agreed to a further extension of the contract thru the end of 2024 (Exhibit B). In addition, Mr. Tallen has given the staff notice that he is joining different law firm- Gregerson, Rosow, Johnson & Nilan. (Exhibit B). 3. Staff Recommendation. I recommend that Council approve the extension of the Prosecuting attorney at Exhibit A. COUNCIL ACTION REQUESTED Motion to approve amendment 2 to the agreement for legal services. Exhibits A. Contract amendment 2 for legal services B. Letter from Prosecuting Attorney on extension C. Letter for Prosecuting attorney on joining new firm Item No.: 17 Date: September 11, 2023 Item Description: Approval of Extension of Prosecuting Attorney Contract Presenter: Adam T. Edwards, P.E. City Administrator/ City Engineer Agenda Section: City Administrator Report AGENDA ITEM Prepared By: Reviewed By: AMC Approved By: 1. Purpose. The purpose of the agenda item is for the representatives for the Fire Negotiating Commitee to provide and update on their most recent meeting. 2. Last Meeting. The Committee met on September 7, 2023. 3. Members. Members of the Committee are: a. Council Members. Matt Johnson & Maria Veach. b. City Staff. Adam Edwards & James VanEyll COUNCIL ACTION REQUESTED None. Item No.: 18 Date: August 28, 2023 Item Description: Fire Negotiating Committee Presenter: Matt Johnson & Maria Veach Council Members Agenda Section: Council Committee Reports