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HomeMy WebLinkAbout07-08-2024 CC Agenda PacketAgenda City Council Meeting Monday, July 8, 2024, 6:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /https://www.oronomn.gov/ 1. City Council Minutes 2. Work Session Schedule 3. Claims/Bills 4. Body Armor Purchase 5. Mower Purchase 6. Repair Roadway Guardrails 7. Compensation Increase for Public Works Utility Worker 8. Event Compensation for Police Officers 9. Accept Flag Donation - Resolution 7494 10. Accept Tools Donation - Resolution 7495 11. #LA24-000031, 3120 North Shore Drive, Variance - Resolution 7491 12. #LA24-000032, 3745 Shoreline Drive, Variances - Resolution 4792 13. #LA24-000029, 1487 Shoreline Drive, Variance - Resolution 7489 14. #LA24-000026, 2265 and 2285 North Shore Drive, Grading IUP - Resolution 7487 15. #LA24-000028, 4375 Bayside Road, Preliminary Plat - Resolution 7488 16. #LA24-000033, 1448 Baldur Park Road, Variances and CUP - Resolution 7493 17. Tour de Tonka Bike Ride 18. Lake Minnetonka Conservation District 19. #LA24-000018, 4745 North Shore Drive, CUP - Resolution 7486 20. #LA24-000030, 3465 6th Ave N & 3515 6th Ave N, Subdivision: Preliminary Plat - Resolution 7490 21. Street Improvement Project Planning and Engineering (Project #25-001) 22. Brown Road Improvement Project Planning and Engineering (Project #25-002) Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda Presentations Community Development Report Public Safety Report Attorney Report City Administrator/Engineer Report Sign up for email notifications at https://www.oronomn.gov/ 1 23. Council Committee Reports Council Committee Reports Public Comments - (Limit 3 Minutes per Person) 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 Orono residents before opening the podium to any member of the public wishing to address the council. Mayor/Council Report Adjournment Upcoming Events July 4-5 Independence Day - Holiday Jul 10 Coffee with Mayor Jul 15 Planning Commission Aug 6 Night to Unite Aug 6 Park Commission Sign up for email notifications at https://www.oronomn.gov/ 2 Date: July 8, 2024 Item: 1 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: City Council Minutes 1.Purpose: The purpose of this item is to approve the City Council Meeting Minutes of June 24, 2024 2.Staff Recommendation: Approve the City Council work session and regular meeting minutes. AGENDA ITEM COUNCIL ACTION REQUESTED Approve the City Council Work Session and Regular Meeting Minutes of June 24, 2024. Exhibits 06-24-2024 CC Minutes - work session 06-24-2024 CC Minutes 3 Minutes City Council Work Session Monday, June 24, 2024, 5:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 ROLL CALL City Council members present: Mayor Dennis Walsh, City Council Members Richard Crosby,Matt Johnson, Maria Veach. Staff present: City Administrator/Engineer Adam Edwards, Finance Director Maggie Jin, Accountant Anne Hentges,and City Clerk Christine Lusian. PRELIMINARY BUDGET AND LEVY Finance Director Jin introduced the goal setting and priorities step of preliminary budget and levy and the impacts being inflation, taxable market value, adjusted net tax capacity, wages, benefits, assessing services, and fire department. Jin noted that the tax rate has remained stable the last five years and is ten percent lower than the average Minnesota city. Next steps in the process is meetings with each department head the week of June 24, budget committee meets July 2, and city council work session again on July 22. ADJOURNMENT Work session ended at 5:18 p.m. ATTEST:CITY COUNCIL ________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 4 Minutes City Council Regular Meeting Monday, June 24, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 3 Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. ROLL CALL Orono City Council members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Richard Crosby III, and Maria Veach.Members absent: Alisa Benson Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Maggie Jin,and Fire Chief James Van Eyll. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA CEREMONY 1.Orono Firefighter Swearing in Ceremony City Administrator Edwards reported the Orono Fire Department has hired 22 firefighters over the past year. The firefighters have completed all the necessary training to be a firefighter or are currently enrolled. Mayor Walsh administered the Oath of Office and each firefighter received their badge as well as flowers from the Orono Garden Club. Taking the Oath of Office as charter members of the Orono Fire Department were James Van Eyll, Shea Chwialkowski, Tom Flermoen, JB Seals, Jeff Krahl, Ryan Kanive, Mike Johnsrud, Justin Hinker, Ben Carlson, Kayla Kennedy, Pat Cotton, Jake Martin, Taylor Andres, John Jackson, Chris Adams, Tom Brown and Matt Hoover. Not present were Ben Veach, Oliver Kennedy and Nate Webber who will receive their badges at a later date. CONSENT AGENDA 2.City Council Minutes 3.Work Session Schedule 4.Claims/Bills 5.Equipment Loan Agreement between City of Lino Lakes and City of Orono 6.Hire IT Technician 9. Property Assessment Service Contract –Hennepin County This item was added to the Consent Agenda Crosby moved, Veach seconded, to approve the Agenda and the Consent Agenda with Item 9 added to the Consent Agenda and Item 10 moved to the position of Number 7 which was postponed. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR/ENGINEER REPORT 7.Correspondence with City of Long Lake Fire Service from Orono Fire Department 5 Minutes City Council Regular Meeting Monday, June 24, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 3 This item was originally Item 10. The City Council is requested to review the Staff report, receive a presentation,and discuss and approve a letter to the City of Long Lake offering to provide fire service to Long Lake and purchase or lease Long Lake’s half interest in Fire Station One. The Council discussed the item. Mayor Walsh opened public comments on this topic at 6:47 p.m. Stacey Royal, 3135 Jamestown Road, Orono; Gregg Steinhafel, 2265 North Shore Drive, Orono;Ritchie Anderson, 3205 Crystal Bay Road;John Bendt, 1120 Tonakawa Road, Orono (via letter);and Bill Winter,1030 North Shore Drive W.Orono provided comments. Mayor Walsh closed public comments at 7:00 p.m. Crosby moved, Johnson seconded, to approve the correspondence with Long Lake. VOTE: Ayes 4, Nays 0. PRESENTATION Lake Minnetonka Conservation District (Postponed to July 8) 8.2023 Comprehensive Annual Financial Report Tyler See from Abdo Solutions presented the 2023 audit results, issuing an unmodified or clean opinion. He said there were some journal entry adjustments made during the audit that were deemed to be material in nature, and a decrease in the city’s fund balance from the target 45 percent to 36 percent. FINANCE REPORT 9.Property Assessment Service Contract –Hennepin County This item was added to the consent agenda. COUNCIL COMMITTEE REPORTS 11.City Council Committee Reports Maria Veach reported on the Council Communications Committee. PUBLIC COMMENTS Ritchie Anderson, 3205 Crystal Bay Road, Orono,provided comments. MAYOR/COUNCIL REPORT Mayor and Council provided reports. 6 Minutes City Council Regular Meeting Monday, June 24, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 3 CLOSED SESSION 12.Closed Session to Discuss Orono Vs. Long Lake Litigation Walsh moved, Crosby seconded, to enter into closed session at 7:52 p.m., as permitted by Section 13D.05 sub.3c3 to discuss litigation between the Cities of Orono and Long Lake. VOTE: Ayes 4, Nays 0. (The City Council was in closed session from 7:52 p.m. to 8:29 p.m.) Johnson moved, Crosby seconded, to reopen the Orono City Council meeting at 8:29 p.m. VOTE: Ayes 4, Nays 0. ADJOURNMENT Johnson moved, Crosby seconded, to adjourn the meeting at 8:29 p.m.to Monday, July 8, 2024 at 6:00 p.m.VOTE: Ayes 4, Nays 0. ATTEST: ____________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor Minutes approved by Orono City Council July 8, 2024. Meeting videos and transcripts available at oronomn.gov. 7 Date: July 8, 2024 Item: 2 Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Title: Work Session Schedule 1.Purpose: The purpose of the action item is to forecast future work session agendas. 2. Date Subject Date Subject 8 Jan Annual Appointments 8 Jul 22 Jan Recodification-streets, utilities, parks 22 Jul General Fund Budget Update 12 Feb Average Lakeshore Setback (Part 3)12 Aug Average Lakeshore Setback (Part 5) Cannabis Discussion 26 Feb Interview Commissioner Applicants (Parks/Planning)-- if needed; Police Department Canine Program Overview 26 Aug Enterprise Budget Update 11 Mar Elected and appointed official civility; tech use at the dais; appropriate use of staff time 9 Sep Preliminary Levy / Budget 8 Apr Street Maintenance 2025 Meeting Minutes 23 Sep 22 Apr 14 Oct Draft Capital Improvement Plans 13 May Street Maintenance 2025 (Part 2)28 Oct Draft Capital Improvement Plans 28 May Grants Primer 12 Nov 10 Jun Average Lakeshore Setback (Part 4) Driveway Width within the Shoreland 25 Nov Fee Schedule Update 24 Jun Preliminary Budget Guidance 2025 9 Dec Council Vision and Goal Setting Background: This is an opportunity for council members to propose and agree to future work session topics. Work session meetings are at 5 pm on the same days as 6 pm regular council meetings. The table below lists upcoming proposed subjects and dates. 3.Staff Recommendation: I recommend the next work session occur as scheduled. AGENDA ITEM COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. 8 Date: July 8, 2024 Item: 3 Presenter: Alicia Johnson, Resource Management Technician Section: Consent Agenda Title: Claims/Bills 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 123798 to 123881 and ACH transactions 20130496 to 20130502 totaling $482,283.75. 3.Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits Check Register2024-07-02.pdf 9 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CENTRAL PENSION FUND SOU 06/26/2024 123798 06.27.2024 101-21705 CENTRAL PENSION FUND 06.27.2024 1,040.00 Total 123798:1,040.00 FIDELITY SECURITY LIFE INSU 06/26/2024 123799 166302882 101-21716 VISION PLAN 06.2024 297.54 Total 123799:297.54 International Union Local #49 06/26/2024 123800 06.2024 101-21707 LOCAL 49 DUES - 06/2024 455.00 Total 123800:455.00 LAW ENFORCEMENT LABOR S 06/26/2024 123801 06.2024 101-21707 LELS DUES - LOCAL 168 05/2024 352.50 LAW ENFORCEMENT LABOR S 06/26/2024 123801 06.2024 101-21707 LELS DUES - LOCAL 40 06/2024 1,446.16 Total 123801:1,798.66 METLIFE SMALL BUSINESS CE 06/26/2024 123802 06.2024 DEN 101-15998 DENTAL INSURANCE 07/24 62.61 METLIFE SMALL BUSINESS CE 06/26/2024 123802 06.2024 DEN 101-21709 DENTAL INSURANCE 07/24 2,585.98 Total 123802:2,648.59 NCPERS GROUP LIFE INS.06/26/2024 123803 6732000720 101-21710 PERA LIFE 6/2024 416.00 Total 123803:416.00 OPEIU - LOCAL 12 06/26/2024 123804 06.2024 101-21707 UNION DUES - LOCAL 12 06/2024 826.00 Total 123804:826.00 SUN LIFE FINANCIAL 06/26/2024 123805 06.2024 STD 101-21714 STD- 06/2024 1,068.10 SUN LIFE FINANCIAL 06/26/2024 123805 06.2024 SUP 101-21710 LIFE INSURANCE - 06/2024 1,381.24 Total 123805:2,449.34 THE HARTFORD 06/26/2024 123806 06.2024 LTD 101-21713 LTD 06/2024 1,783.42 Total 123806:1,783.42 4FRONT ENERGY SOLUTIONS 07/08/2024 123807 p24-000109 - 101-32510 BP REFUND - P24-000109 - 2448 NORTH BLOSS 26.25 10 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount 4FRONT ENERGY SOLUTIONS 07/08/2024 123807 p24-000109 - 101-20802 BP REFUND - P24-000109 - 2448 NORTH BLOSS .50 Total 123807:26.75 A 1 ELECTRIC SERVICE OF WA 07/08/2024 123808 6458 101-41900-404 FIRE DEPARTMENT ELECTRICAL Central Services 11,784.46 Total 123808:11,784.46 A 1 RENT IT 3607 07/08/2024 123809 202415-1 101-43000-224 SAW RENTAL FOR PATCHING CURB STOP REPA Public Works Department 78.40 Total 123809:78.40 ABDO LLP 07/08/2024 123810 493116 101-41900-301 2023 AUDIT Central Services 8,078.00 Total 123810:8,078.00 All Flags LLC 07/08/2024 123811 870858 101-41900-223 FLAGS Central Services 422.94 All Flags LLC 07/08/2024 123811 870886 101-41900-223 STATE FLAGS Central Services 54.16 Total 123811:477.10 ANCOM TECHNICAL CENTER 07/08/2024 123812 122257 415-42260-580 INSTALL OF HEADSETS FOR L1 2,154.00 ANCOM TECHNICAL CENTER 07/08/2024 123812 122288 415-42260-580 INSTALL OF MOBILE AND HEADSETS E1 2,850.00 Total 123812:5,004.00 ANDREA MESSINA 07/08/2024 123813 1025 TONKA 999-10015 UB REFUND - 1025 TONKAWA RD 20.91 Total 123813:20.91 BAGY JO Inc 07/08/2024 123814 74417 101-42110-226 LOGO APPAREL/SONNEK Police Department 11.50 Total 123814:11.50 BEAUDRY OIL & SERVICE INC 07/08/2024 123815 2661899 701-49800-212 UNLEADED FUEL 7,868.44 BEAUDRY OIL & SERVICE INC 07/08/2024 123815 2663429 701-49800-212 DIESEL FUEL 3,040.35- Total 123815:4,828.09 BOLTON & MENK INC.07/08/2024 123816 0338512 440-48970-304 21-039 PW FACILITY CONSTRUCTION 1,014.50 11 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123816:1,014.50 BOYER TRUCKS - ST MICHAEL 07/08/2024 123817 093P15702 701-49800-222 E-1 FIRE BATTERY CABLES 411.01 BOYER TRUCKS - ST MICHAEL 07/08/2024 123817 093P15899 701-49800-222 MUD FLAPS FOR DUMP TRUCKS 63.04 BOYER TRUCKS - ST MICHAEL 07/08/2024 123817 093P15930 701-49800-222 E-1 FIRE BRAKE CALIPER CORE 786.50- BOYER TRUCKS - ST MICHAEL 07/08/2024 123817 093P16814 701-49800-222 FIRE ENGINE 1 PARTS 2,168.37 Total 123817:1,855.92 BRIDGESTONE GOLF INC 07/08/2024 123818 INV-1003241 613-49830-095 GOLF GLOVES Golf Course 325.91 BRIDGESTONE GOLF INC 07/08/2024 123818 INV-1003241 613-49830-095 GOLF BALLS Golf Course 1,045.66 Total 123818:1,371.57 CECE'SIGNS, INC.07/08/2024 123819 9604 101-41900-489 HATS DECAL FOR OPEN HOUSE Central Services 48.00 Total 123819:48.00 CENTERPOINT ENERGY MAIN 07/08/2024 123820 06.2024 - 36 101-41900-381 GAS SERVICE 5/02/24-05/20/24 - PW Central Services 150.02 CENTERPOINT ENERGY MAIN 07/08/2024 123820 06.2024 PW 101-43000-381 GAS SERVICE 5/20/24-06/20/24 - PW Public Works Department 46.79 CENTERPOINT ENERGY MAIN 07/08/2024 123820 06.2024 PW 601-49400-381 GAS SERVICE 5/20/24-06/20/24 - PW 46.80 CENTERPOINT ENERGY MAIN 07/08/2024 123820 06.2024 PW 602-49450-381 GAS SERVICE 5/20/24-06/20/24 - PW Sewer 46.80 CENTERPOINT ENERGY MAIN 07/08/2024 123820 07.2024 613-49830-381 GAS SERVICE 5/20/24-6/20/24 Golf Course 32.54 CENTERPOINT ENERGY MAIN 07/08/2024 123820 07.2024 601-49400-381 GAS SERVICE 5/20/24-6/20/24 499.38 CENTERPOINT ENERGY MAIN 07/08/2024 123820 07.2024 602-49450-381 GAS SERVICE 5/20/24-6/20/24 Sewer 534.21 CENTERPOINT ENERGY MAIN 07/08/2024 123820 07.2024 101-41900-381 GAS SERVICE 5/20/24-6/20/24 Central Services 109.07 CENTERPOINT ENERGY MAIN 07/08/2024 123820 07.2024 101-42110-381 GAS SERVICE 5/20/24-6/20/24 Police Department 58.53 Total 123820:1,524.14 Century Link 07/08/2024 123821 06.2024 GC 613-49830-321 GC PHONE/INTERNET Golf Course 236.88 Total 123821:236.88 CITY OF LONG LAKE 07/08/2024 123822 3RD QTR 20 101-42260-318 3RD QTR 2024 FIRE SERVICE Fire Protection Services 148,430.50 Total 123822:148,430.50 City of Orono Utilities 07/08/2024 123823 06.2024 - 23 601-49400-382 2024.06 UB - WTP 159.72 12 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount City of Orono Utilities 07/08/2024 123823 06.2024 - NE 101-41900-382 2024.06 PW Central Services 432.00 City of Orono Utilities 07/08/2024 123823 06.2024 - NO 101-42260-382 2024.06 NORTH FIRE Fire Protection Services 113.52 City of Orono Utilities 07/08/2024 123823 06.2024 CH&101-42110-382 2024.06 UB PD Police Department 235.16 City of Orono Utilities 07/08/2024 123823 06.2024 CH&101-41900-382 2024.06 UB CH Central Services 235.17 City of Orono Utilities 07/08/2024 123823 06.2024 GC 613-49830-382 2024.06 GC Golf Course 74.27 City of Orono Utilities 07/08/2024 123823 06.2024 USP 101-41900-382 2024.06 UB - PO Central Services 87.94 Total 123823:1,337.78 CITY OF WAYZATA 07/08/2024 123824 06.2024 UTIL 602-49450-387 JUNE 2024 SEWER Sewer 6,410.00 CITY OF WAYZATA 07/08/2024 123824 06.2024 UTIL 601-49400-387 JUNE 2024 WATER 3,240.15 Total 123824:9,650.15 DAHLHEIMER BEVERAGE MON 07/08/2024 123825 2214604 613-49830-091 ALCOHOL Golf Course 789.50 DAHLHEIMER BEVERAGE MON 07/08/2024 123825 2214604 613-49830-094 CONCESSIONS Golf Course 584.20 Total 123825:1,373.70 DAVID & DEBBIE PAQUETTE 07/08/2024 123826 793 BOULDE 999-10015 UB REFUND - 793 BOULDER DR - PAQUETTE 7.42 Total 123826:7.42 DAVID O'KEEFE 07/08/2024 123827 LA24-000024 101-22205 ESCROW REFUND - LA24-000024 - 2890 GOLDE 700.00 Total 123827:700.00 DONALD KLEINSCHMIDT 07/08/2024 123828 2015 SALEM 999-10015 UB REFUND - 2015 SALEM CT - KLEINSCHMIDT 2.61 Total 123828:2.61 ECM PUBLISHERS INC 07/08/2024 123829 1002674 101-43000-340 SEASONAL MAINTENANCE WORKER ADVERTIS Public Works Department 161.50 ECM PUBLISHERS INC 07/08/2024 123829 1004126 613-49830-340 ADVERTISING Golf Course 441.30 Total 123829:602.80 FACTORY MOTOR PARTS 07/08/2024 123830 69-524481 701-49800-222 FIRE TRUCK BATTERY 119.69 FACTORY MOTOR PARTS 07/08/2024 123830 70-562309 701-49800-222 FIRE TRUCK BATTERY 359.07 FACTORY MOTOR PARTS 07/08/2024 123830 70-563512 701-49800-222 VEHICLE BATTERY 159.86 13 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123830:638.62 FAST SIGNS 07/08/2024 123831 100-98706 440-48960-530 SIGNS FOR FIRE HQ 228.33 Total 123831:228.33 Flannery Construction 07/08/2024 123832 CPS22-0000 101-22205 ESCROW REFUND - CPS22-000002 - 645 TONKA 1,000.00 Total 123832:1,000.00 G&H Distributing & Supply Inc 07/08/2024 123833 00178815 701-49800-221 GOLF COURSE MOWER 181.84 Total 123833:181.84 GOPHER ACE 07/08/2024 123834 020849/1 613-49830-223 TROWEL Golf Course 18.58 GOPHER ACE 07/08/2024 123834 020867/1 101-42260-223 MULCH Fire Protection Services 11.98 GOPHER ACE 07/08/2024 123834 020874/1 101-41900-223 US FLAG Central Services 15.99 GOPHER ACE 07/08/2024 123834 020876/1 440-48960-530 BUILDING ITEMS 435.35 GOPHER ACE 07/08/2024 123834 020895/1 101-43000-224 CONCRETE MIX FOR SP TASK 85370 Public Works Department 30.36 GOPHER ACE 07/08/2024 123834 020905/1 101-42260-223 SHOP SUPPLIES Fire Protection Services 154.91 GOPHER ACE 07/08/2024 123834 020913-1 101-41900-223 CLEANING SUPPLIES Central Services 68.54 GOPHER ACE 07/08/2024 123834 020930/1 101-43000-226 PPE FOR JOE CUTA Public Works Department 200.98 GOPHER ACE 07/08/2024 123834 020960/1 701-49800-215 FIRE TRUCK BOLTS 1.94 GOPHER ACE 07/08/2024 123834 020961/1 101-45200-223 PARK SUPPLIES Parks 56.34 GOPHER ACE 07/08/2024 123834 020969/1 701-49800-215 FIRE TRUCK BOLTS 6.04 GOPHER ACE 07/08/2024 123834 021009/1 101-43000-240 SIGNS Public Works Department 12.58 GOPHER ACE 07/08/2024 123834 021022/1 440-48960-530 SUPPLIES FOR CONVERSION OF FIRE HQ 1,253.44 GOPHER ACE 07/08/2024 123834 021031/1 101-45200-240 GAS EDGER Parks 484.48 GOPHER ACE 07/08/2024 123834 021033/1 101-41900-223 TOILET REPAIR Central Services 33.97 GOPHER ACE 07/08/2024 123834 021041/1 415-42260-580 CHAINSAW FOR E1 AND L1 784.00 GOPHER ACE 07/08/2024 123834 021058/1 101-42260-215 SUPPLIES FOR SHOP Fire Protection Services 321.96 GOPHER ACE 07/08/2024 123834 021085/1 101-42260-216 SOAP AND A CLEANER FOR LAUNDRY WASHER Fire Protection Services 29.98 GOPHER ACE 07/08/2024 123834 20885/1 101-42260-223 SHOP SUPPLIES Fire Protection Services 63.69 GOPHER ACE 07/08/2024 123834 20893/1 440-48960-530 SUPPLIES FOR CONVERSION OF FIRE HQ 211.26 GOPHER ACE 07/08/2024 123834 20897/1 101-45200-221 TRASH GRABBER Parks 37.98 GOPHER ACE 07/08/2024 123834 20898/1 101-41900-223 CLEANING SUPPLIES Central Services 42.94 GOPHER ACE 07/08/2024 123834 20917/1 701-49800-215 FIRE TRUCK BOLTS 11.34 GOPHER ACE 07/08/2024 123834 20918/1 701-49800-215 HARDWARE FITTINGS 24.21 GOPHER ACE 07/08/2024 123834 20937/1 701-49800-215 FIRE TRUCK BOLTS 2.50 14 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 07/08/2024 123834 20939/1 101-41900-223 TRASH CAN Central Services 68.97 GOPHER ACE 07/08/2024 123834 20987-1 101-45200-240 BATTERY SAW Parks 438.00 GOPHER ACE 07/08/2024 123834 20990/1 101-45200-223 DISPOSABLE GLOVES Parks 21.99 GOPHER ACE 07/08/2024 123834 20994/1 101-43000-240 SIGN TOOLS/SUPPLIES Public Works Department 19.58 GOPHER ACE 07/08/2024 123834 21001/1 101-45200-223 GREASE GUN Parks 299.00 GOPHER ACE 07/08/2024 123834 21073/1 101-43000-226 PPE FOR CLINT Public Works Department 88.99 Total 123834:5,251.87 HEATING & COOLING TWO INC.07/08/2024 123835 M24-000164 101-32530 PERMIT REFUND- M24-000164- WILLOW VIEW D 83.23 HEATING & COOLING TWO INC.07/08/2024 123835 M24-000164 101-20802 PERMIT REFUND- M24-000164- WILLOW VIEW D 3.33 Total 123835:86.56 Hennepin County Accounts Recei 07/08/2024 123836 1000228128 101-41550-302 2ND HALF 2023-2024 ASSESSING SERVICES Assessing 127,000.00 Total 123836:127,000.00 HENTGES, ANNE 07/08/2024 123837 06.2024 MIL 101-41500-331 MILEAGE 06.2024 Finance Department 16.75 HENTGES, ANNE 07/08/2024 123837 06.2024 MIL 101-41500-437 TRAINING - SEWER TOUR Finance Department 30.82 Total 123837:47.57 HERC U LIFT 07/08/2024 123838 R04953-3 440-48970-319 FORKLIFT RENTAL FOR OPW MOVE 1,770.00 Total 123838:1,770.00 HOLIDAY COMPANIES 07/08/2024 123839 0796010724 101-42110-402 SQUAD WASHES Police Department 275.00 Total 123839:275.00 HOLTON ELECTRIC CONTRACT 07/08/2024 123840 6850 601-49400-405 LIGHTS @ SOUTH WATER PLANT 1,508.26 Total 123840:1,508.26 JAMES & JUDITH WILLIAMS 07/08/2024 123841 345 FERNDA 999-10015 UB REFUND - 345 FERNDALE RD N - WILLIAMS 111.92 Total 123841:111.92 JOHN KRAEMER & SONS 07/08/2024 123842 RAS22-0000 101-22205 ESCROW REFUND - RAS22-000096 - 1395 ORON 1,000.00 15 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount JOHN KRAEMER & SONS 07/08/2024 123842 RPS22-0001 101-22205 ESCROW REFUND - RPS22-000151 - 1395 ORON 1,000.00 Total 123842:2,000.00 KODIAK POWER SOLUTIONS 07/08/2024 123843 15274691 602-49450-403 YEARLY SERVICE ON GENERATORS Sewer 8,978.00 KODIAK POWER SOLUTIONS 07/08/2024 123843 15274693 602-49450-403 YEARLY SERVICE AND REPAIRS ON GENERATO Sewer 7,944.00 KODIAK POWER SOLUTIONS 07/08/2024 123843 15399487 602-49450-403 REPAIR GENERATOR LS #32 BRACKETTS POINT Sewer 219.32 Total 123843:17,141.32 Legacy Sorbents LLC 07/08/2024 123844 10678 101-42260-223 OIL DRIP / SPILL CLEAN UP FLOOR DRY Fire Protection Services 850.50 Total 123844:850.50 MACQUEEN EQUIPMENT LLC 07/08/2024 123845 p31651 415-42260-580 TOOLS FOR BRUSH MEDICAL TRUCK 636.16 Total 123845:636.16 MARTIN MARIETTA MATERIALS 07/08/2024 123846 42785925 101-43000-224 PATCHING Public Works Department 147.16 Total 123846:147.16 MATTHEW BENTZ 07/08/2024 123847 CPS23-0000 101-41900-489 BP REFUND - CPS23-000006 - 800 OLD CRYSTAL Central Services 1,324.17 Total 123847:1,324.17 Matthew Jasper 07/08/2024 123848 RPS19-0000 101-22205 ESCROW REFUND - RPS19-000096 - 1929 FAGE 8,300.00 Total 123848:8,300.00 METROPOLITAN COUNCIL ENVI 07/08/2024 123849 0001175436 602-49450-383 WASTWATER SERVICE 8/2024 Sewer 64,223.79 Total 123849:64,223.79 Minnesota Pollution Control Agen 07/08/2024 123850 2024 WOCP 602-49450-437 WASTEWATER CERTIFICATION RENEWAL - D. G Sewer 23.00 Total 123850:23.00 MN DEPT OF HEALTH 07/08/2024 123851 2024 WATER 601-49400-441 WATER LICENSE - JIMMY 23.00 16 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123851:23.00 MOTOROLA 07/08/2024 123852 8281918135 440-48960-530 CONSOLETTE DESKTOP MIC 86.40 MOTOROLA 07/08/2024 123852 8281919469 440-48960-530 COUNSLETTE 48.00 MOTOROLA 07/08/2024 123852 8281920619 440-48960-530 CONSOLETTE RACK MOUNT KIT 144.00 Total 123852:278.40 MTI DISTRIBUTING INC 07/08/2024 123853 1435940-00 701-49800-221 GOLF COURSE EQUIPMENT PARTS 198.32 Total 123853:198.32 NAVARRE HARDWARE 07/08/2024 123854 346874 601-49400-240 POLLY FOR POINT OF SALES 14.04 NAVARRE HARDWARE 07/08/2024 123854 346972 602-49450-227 POS SUPPLIES Sewer 21.99 NAVARRE HARDWARE 07/08/2024 123854 346977 602-49450-227 POS SUPPLIES Sewer 11.34 NAVARRE HARDWARE 07/08/2024 123854 346999 101-43000-240 ALLEN KEY SET Public Works Department 22.99 NAVARRE HARDWARE 07/08/2024 123854 347000 101-43000-226 PPE Public Works Department 5.95 NAVARRE HARDWARE 07/08/2024 123854 347006 101-43000-240 STRING LINE Public Works Department 7.49 NAVARRE HARDWARE 07/08/2024 123854 347063 101-42110-240 MISC HARDWARE Police Department 21.99 Total 123854:105.79 Newegg Business Inc 07/08/2024 123855 1305051309 710-49970-221 REPLACEMENT LAPTOP - PD 579.99 Total 123855:579.99 NOVA COMMUNICATIONS INC 07/08/2024 123856 173406 710-49970-221 NEW PHONE - IT TECHNICIAN 287.76 NOVA COMMUNICATIONS INC 07/08/2024 123856 173496 710-49970-401 PHONE SET UP 95.00 Total 123856:382.76 OPD BUSINESS SOLUTIONS LL 07/08/2024 123857 3703197130 101-41900-201 FORKS Central Services 30.90 OPD BUSINESS SOLUTIONS LL 07/08/2024 123857 3703197130 101-41900-201 KNIVES Central Services 34.38 Total 123857:65.28 OTTEN BROTHERS 07/08/2024 123858 1-1794359 613-49830-404 CLUBHOUSE PLANTS Golf Course 153.17 OTTEN BROTHERS 07/08/2024 123858 1-1795163 101-45200-223 TREE SUPPLIES Parks 104.96 17 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123858:258.13 QUADIENT INC 07/08/2024 123859 Q1395430 101-41900-401 POSTAGE MACHING LEASE 07.28.24-10.27.24 Central Services 878.94 Total 123859:878.94 ROSENBAUER SOUTH DAKOTA 07/08/2024 123860 0000203626 701-49800-222 FIRE TRUCK PARTS 260.07 Total 123860:260.07 SAFETY VEHICLE SOLUTIONS 07/08/2024 123861 22058 415-42260-550 FINISHING OF TAHOE 2,975.00 Total 123861:2,975.00 SANDCREEK EAP 07/08/2024 123862 SDC-IN-1004 101-41900-319 EAP SERVICE 07/01/24-06/30/25 Central Services 2,200.00 Total 123862:2,200.00 SECOND NATURE GRAPHICS 07/08/2024 123863 491 602-49450-201 UB ENVELOPES W/INDICIA Sewer 131.00 SECOND NATURE GRAPHICS 07/08/2024 123863 491 601-49400-201 UB ENVELOPES W/INDICIA 131.00 SECOND NATURE GRAPHICS 07/08/2024 123863 491 651-49910-201 UB ENVELOPES W/INDICIA Storm Water 130.00 SECOND NATURE GRAPHICS 07/08/2024 123863 491 101-41900-201 BUSINESS CARDS - GREGORY FINK Central Services 47.50 Total 123863:439.50 SHERWIN WILLIAMS 07/08/2024 123864 9365-4 440-48960-530 PAINT FOR FIRE HQ - OLD PUBLIC WORKS 434.15 SHERWIN WILLIAMS 07/08/2024 123864 9372-0 440-48960-530 PAINT FOR FIRE HQ 25.31 Total 123864:459.46 SiteOne Landscape Supply LLC 07/08/2024 123865 143174263-0 101-45200-216 CHEMICALS Parks 265.82 SiteOne Landscape Supply LLC 07/08/2024 123865 143257888-0 101-43000-224 TASK 84932 HYDRO SEEDING Public Works Department 277.26 SiteOne Landscape Supply LLC 07/08/2024 123865 143483904-0 101-45200-404 IRRIGATION PARTS Parks 11.10 Total 123865:554.18 SUMMIT MECHANICAL 07/08/2024 123866 M24-000155 101-32530 PERMIT REFUND- M24-000155 - 2904 DEER HILL 26.25 SUMMIT MECHANICAL 07/08/2024 123866 M24-000155 101-20802 PERMIT REFUND- M24-000155 - 2904 DEER HILL .80 18 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123866:27.05 Temple Israel/Camp TEKO 07/08/2024 123867 CAS23-0000 101-22205 ESCROW REFUND - CAS22-000003 - 645 TONKA 1,000.00 Total 123867:1,000.00 TERMINAL SUPPLY INC.07/08/2024 123868 46585-00 701-49800-215 SHOP SUPPLIES 1,508.61 TERMINAL SUPPLY INC.07/08/2024 123868 46766-00 701-49800-215 SHOP SUPPLIES 1,246.19 Total 123868:2,754.80 TimeSaver Off Site Secretarial Inc 07/08/2024 123869 M29299 101-42400-319 PLANNING COMMISSION MINUTES 6/17/24 Building & Zoning 325.00 TimeSaver Off Site Secretarial Inc 07/08/2024 123869 M29299 101-41110-319 CC MINUTES 6/24/24 Mayor & Council 246.00 Total 123869:571.00 TOLL GAS & WELDING SUPPLY 07/08/2024 123870 0040196541 701-49800-215 WELDING SUPPLY RENTAL 12.75 Total 123870:12.75 TWIN CITY SEED COMPANY 07/08/2024 123871 58316 101-45200-216 GRASS SEED Parks 130.00 TWIN CITY SEED COMPANY 07/08/2024 123871 58377 101-45200-223 HACKBERRY PARK RESTORATION - PLAYGROU Parks 230.00 Total 123871:360.00 U.S. AutoForce 07/08/2024 123872 INV0005005 701-49800-222 TIRES FOR DODGE DURANGOS 1,920.00 Total 123872:1,920.00 UNIFIRST CORPORATION 07/08/2024 123873 1410068283 613-49830-404 LAUNDRY Golf Course 124.77 UNIFIRST CORPORATION 07/08/2024 123873 1410068286 613-49830-404 LAUNDRY Golf Course 80.77 UNIFIRST CORPORATION 07/08/2024 123873 1410069647 613-49830-404 LAUNDRY Golf Course 42.50 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 701-49800-221 SHOP TOWELS - PW 3.35 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 101-41900-223 MOPS/CLEANING TOWELS Central Services 27.18 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 101-45200-226 UNIFORMS-PARKS Parks 5.71 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 5.71 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 27.50 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 601-49400-226 UNIFORMS PW-WATER DEPT 27.51 19 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 07/08/2024 123873 1410069651 101-41900-226 UNIFORMS-FACILITY Central Services 11.61 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 701-49800-226 UNIFORMS - FLEET 36.76 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 651-49910-226 UNIFORMS - STORMWATER Storm Water 50.78 UNIFIRST CORPORATION 07/08/2024 123873 1410069651 101-43000-226 UNIFORMS-STREETS Public Works Department 50.78 Total 123873:521.06 WATER CONSERVATION SVC IN 07/08/2024 123874 14128 601-49400-402 LEAK LOCATING (2605 WAYZATA BLVD- MORRIE 355.55 Total 123874:355.55 WEEKLY HOMES LLC 07/08/2024 123875 2430 NORTH 999-10015 UB REFUND - 2430 NORTH BLOSSOM CIR- WEE 24.85 Total 123875:24.85 WILLIAMS TOWING INC 07/08/2024 123876 24-18556 101-42110-436 INV TOW/STOLEN PROPERTY INSIDE 24-6324 Police Department 325.00 Total 123876:325.00 XCEL ENERGY 07/08/2024 123877 882664635 101-41900-381 NEW PW BUILDING ELECTRICITY 5/19-6/18/24 Central Services 1,805.57 Total 123877:1,805.57 Yamaha Golf & Utility 07/08/2024 123878 01-306033 613-49830-404 CART LEASE Golf Course 3,254.10 Total 123878:3,254.10 ZAYO GROUP LLC 07/08/2024 123879 805473 613-49830-321 PHONE SERVICE 06/23/24-07/22/24 Golf Course 132.20 ZAYO GROUP LLC 07/08/2024 123879 805473 101-42110-321 PHONE SERVICE 06/23/24-07/22/24 Police Department 230.00 ZAYO GROUP LLC 07/08/2024 123879 805473 101-41900-321 PHONE SERVICE 06/23/24-07/22/24 Central Services 232.62 ZAYO GROUP LLC 07/08/2024 123879 805473 601-49400-321 PHONE SERVICE 06/23/24-07/22/24 117.53 ZAYO GROUP LLC 07/08/2024 123879 805473 602-49450-321 PHONE SERVICE 06/23/24-07/22/24 Sewer 115.07 Total 123879:827.42 ZOLL MEDICAL CORPORATION 07/08/2024 123880 3998223 101-42260-219 RESQPODS FOR MEDICAL BAGS Fire Protection Services 829.08 Total 123880:829.08 ZUMBRO TOOLS 07/08/2024 123881 0621245374 701-49800-240 MECHANICS TOOLS - POWER BIT SET 111.00 20 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ZUMBRO TOOLS 07/08/2024 123881 0628245994 701-49800-240 MECHANICS TOOLS 176.95 Total 123881:287.95 MEDSURETY LLC 06/26/2024 20130496 06.17.24-06.101-21719 MFSA 05..17.24-06.23.24 FUNDS 3.23 Total 20130496:3.23 AMAZON CAPITAL SERVICE 07/08/2024 20130497 13RH-74R6-101-41900-223 DOOR STOPS Central Services 29.99 AMAZON CAPITAL SERVICE 07/08/2024 20130497 13RH-74R6-101-41900-201 D BATTERIES Central Services 15.74 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1N3Y-RG43-101-43000-221 COMMAND STRIPS FOR NEW BUILDING Public Works Department 13.59- AMAZON CAPITAL SERVICE 07/08/2024 20130497 1N3Y-RG43-101-43000-221 CORK BOARD NEW SHOP Public Works Department 39.89- AMAZON CAPITAL SERVICE 07/08/2024 20130497 1N3Y-RG43-101-43000-221 CORK BOARD NEW SHOP Public Works Department 39.89- AMAZON CAPITAL SERVICE 07/08/2024 20130497 1N3Y-RG43-101-43000-224 C BATTERIES Public Works Department 19.49- AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-201 FLOOR MATS FOR FIRE HQ Fire Protection Services 73.99 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 440-48960-530 DOOR KICK PLATES FOR FIRE F 121.95 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 440-48960-530 DOOR KICK PLATES FOR FIRE F 36.79 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 440-48960-530 BATHROOM CABINET 259.98 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-226 RADIO STRAPS Fire Protection Services 547.14 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-305 TOURNIQUETS Fire Protection Services 33.98 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-305 LIFTING STRAP Fire Protection Services 37.04 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-305 RUBBER BULB SUCTION Fire Protection Services 9.98 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-223 DISH SOAP Fire Protection Services 5.49 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-223 SPONGES Fire Protection Services 5.97 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 415-42260-580 TABLET MOUNTS FOR E1 AND L1 165.92 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-201 CHAIR PADS FOR CHAIR FEET Fire Protection Services 25.98 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-201 LABEL MAKER Fire Protection Services 54.99 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-201 LABEL MAKER TAPE Fire Protection Services 12.98 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-201 LABEL MAKER TAPE Fire Protection Services 11.04 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-201 PAPER PLATES FOR CERMONY Fire Protection Services 12.59 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-201 PLASTIC FORKS FOR CEREMONY Fire Protection Services 9.99 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-215 FUNNEL Fire Protection Services 11.99 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 101-42260-226 NYLON WEBBING FOR FFS Fire Protection Services 21.72 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1NHL-PWNR 415-42260-580 TABLET MOUNTS FOR SQ2 AND U1 126.79 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1P1M-3TM3-710-49970-221 FILE CABINET - IT TECHNICIAN 79.99 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1P1M-3TM3-710-49970-221 ETHERNET, IPADS, KEYBOARD, MOUSE - FIRE 321.34 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1P1M-3TM3-710-49970-221 HDMI - PW 12.95 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1P1M-3TM3-710-49970-221 TV - PD 209.99 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1P1M-3TM3-710-49970-221 FLASH DRIVE, IPHONE CHARGER SPARE 61.93 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1PHP-Y9H3-701-49800-215 SHOP SUPPLIES 41.14- 21 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AMAZON CAPITAL SERVICE 07/08/2024 20130497 1QVW-CDT 101-42110-201 SHOP SUPPLIES/MEETING EXPENSES Police Department 18.45 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1V3Y-YCY9-601-49400-221 FIRE HYDRANT HOSE CONNECTION 48.91 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1WPL-PGDR 701-49800-222 VEHICLE PARTS 29.59 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1WPL-PGDR 701-49800-215 SHOP SUPPLIES 32.91 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1WPL-PGDR 701-49800-212 MOTOR FUEL CABINET 12.64 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1WPL-PGDR 701-49800-221 EQUIPMENT PARTS 65.24 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1X7Q-194P-J 613-49830-201 INK FOR GOLF COURSE PRINTER Golf Course 133.98 AMAZON CAPITAL SERVICE 07/08/2024 20130497 1YLK-D4KG-101-41900-221 AMAZON CREDIT Central Services 131.30- Total 20130497:2,374.65 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 101-42110-437 TRAINING/SHERMAN/SLIPKA/FOURNIER Police Department 299.00 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 101-42110-221 MEDICAL SUPPLIES Police Department 40.44 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 101-42110-221 MEDICAL SUPPLIES Police Department 297.36 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 101-42110-221 MEDICAL SUPPLIES Police Department 234.70 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 BP 701-49800-240 MECHANICS TOOLS 901.60 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 BP 701-49800-416 CUMMINS SOFTWARE 750.00 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 BW 101-43000-226 HIP WADERS Public Works Department 339.98 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 BW 101-43000-240 PALLET JACKS X3 Public Works Department 1,143.95 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CF 101-42110-439 CAKE FOR OFFICERS SWEARING IN CEREMON Police Department 74.99 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CF 101-42110-433 PELOTON MEMBERSHIP RENEWAL Police Department 47.76 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CF 101-42110-228 AMMO FOR ORONO HS TRAP SHOOT Police Department 102.01 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-41900-403 FACILITIES WATER FILTER RETURNED Central Services 75.97- CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-41110-439 CC MEETING MEAL Mayor & Council 59.61 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-19999 CREDITED ERROR CHARGE 20.00 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-19999 CREDITED ERROR CHARGE 30.00 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-41900-403 FACILITIES WATER FILTER RETURNED Central Services 75.97 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-41110-439 CC MEETING MEAL Mayor & Council 89.67 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-41300-489 NEW EMPLOYEE BREAKFAST PARK Administration 54.94 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-41300-489 NEW EMPLOYEE RECOGNITION BREAKFAST PA Administration 76.07 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 CL 101-41110-439 COFFEE WITH MAYOR Mayor & Council 32.97 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 DK 710-49970-221 DIGITAL TRANSCEIVER - PD CAMERA MONITOR 118.27 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-221 CRIBBING FOR E1 Fire Protection Services 56.68 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-221 ROPE FOR GROUND LADDERS Fire Protection Services 189.70 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 440-48960-530 FLOORING FOR FIRE HQ 1,909.89 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-221 ROPE FOR GROUND LADDERS Fire Protection Services 106.19 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-223 SUPPLIES TO HANG PICTURES Fire Protection Services 48.89 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-221 THREAD PROTECTION ON NOZZELS Fire Protection Services 154.50 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-219 MEDICAL SUPPLIES Fire Protection Services 14.55 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-219 MEDICAL SUPPLIES Fire Protection Services 405.07 22 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-402 CAR WASH Fire Protection Services 15.00 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 440-48960-530 CABINETS FOR LOCKER ROOM AREA 393.00 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 440-48960-530 FLOORING FOR FIRE HQ 36.98 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 JV 101-42260-489 PARKING FOR MEDIATION Fire Protection Services 36.00 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 KL 613-49830-201 INK Golf Course 52.81 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 KL 613-49830-201 INK RETURN Golf Course 17.38- CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 KL 613-49830-095 MERCHANDISE Golf Course 411.32 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 KL 613-49830-095 MERCHANDISE RETURN Golf Course 82.30- CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 KL 613-49830-093 CONCESSIONS Golf Course 92.46 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 KL 613-49830-201 INK Golf Course 74.86 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 LO 101-41900-489 PW OPEN HOUSE SUPPLIES Central Services 34.14 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 MJ 710-49910-329 ZOOM SUBSCRIPTION 15.99 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 MJ 101-41900-489 PW OPEN HOUSE - FREEZY POP Central Services 9.98 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 MJ 101-41900-489 PW OPEN HOUSE - COOKIES Central Services 39.96 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 MJ 101-41300-489 PW OPEN HOUSE - ICE Administration 9.87 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 SO 651-49910-437 INSPECTOR SCHOOL Storm Water 574.41 CARDMEMBER SERVICE 07/08/2024 20130498 06.2024 SO 601-49400-322 SHIPPING 12.39 Total 20130498:9,308.28 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 3011046 613-49830-223 GOLF COURSE SUPPLIES Golf Course 97.72 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 6012383 613-49830-223 LED LIGHT Golf Course 24.97 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 6180702 440-48960-530 SUPPLIES FOR FIRE HQ KITCHEN CABINETS 2.72 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 6346710 440-48960-530 SUPPLIES FOR FIRE HQ KITCHEN CABINETS 66.14 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 6620609 440-48960-530 FAUCET FOR FIRE HQ KITCHEN - DRINKING WA 59.94 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 7766068 440-48960-530 SCREWS FOR HANGING FIRE HQ CABINETS 6.00 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 7917564 440-48960-530 FAUCET FOR FIRE HQ KITCHEN 299.00 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 8010117 101-41900-223 SHELVING, DEHUMIDIFIER, GARDEN HOSES, MI Central Services 640.17 HOME DEPOT CREDIT SERVIC 07/08/2024 20130499 8011950 613-49830-223 GOLF COURSE SUPPLIES Golf Course 229.92 Total 20130499:1,426.58 MEDSURETY LLC 07/08/2024 20130500 05.24.24-06.101-21719 FSA 05.24.24-06.30.24 65.87 Total 20130500:65.87 UNITED STATES POSTAL SERVI 07/08/2024 20130501 06.2024 UB 602-49450-322 06.2024 UB POSTAGE Sewer 524.80 UNITED STATES POSTAL SERVI 07/08/2024 20130501 06.2024 UB 601-49400-322 06.2024 UB POSTAGE 524.80 UNITED STATES POSTAL SERVI 07/08/2024 20130501 06.2024 UB 651-49910-322 06.2024 UB POSTAGE Storm Water 524.80 23 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 6/25/2024 - 7/8/2024 Jul 02, 2024 03:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 20130501:1,574.40 WEX BANK 07/08/2024 20130502 97819633 701-49800-212 NON OXY GAS 69.94 Total 20130502:69.94 Grand Totals: 482,283.75 24 Date: July 8, 2024 Item: 4 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Body Armor Purchase 1.Purpose: The purpose is to gain approval to purchase rifle rated ballistic plates. 2.Background: The police department is seeking authorization to purchase rifle rated ballistic plates to be worn with our current soft body armor. Our current body armor offers limited protection from rounds fired from a rifle. These rifle plates would give the officers the added protection from rifle rounds. Several companies were contacted for information and two companies have been contacted and submitted quotes for the rifle rated ballistic plates. Both are very similar in pricing for the plates. We are continuing to evaluate each on weight and thickness of the panels but seek authorization to approve purchase to assist with expediting the sizing, ordering and delivery of the rifle plates. 3.Cost: The cost of the rifle rated ballistic plates will be approximately $1000.00 per officer. The price will vary slightly depending on the size of the plate the officer needs to accommodate them. 4.Funding: Funding for these rifle rated ballistic plates will be through the Police Capital Fund. 5.Staff Recommendation: Recommend approval to purchase rifle rated ballistic plates for police officers from either Alpha Training and Tactics LLC or Angel Armor for the estimated cost of $30,000 plus shipping and handling. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the purchase of rifle rated plates from Angel Armor or Alpha Training and Tactics for added ballistic protection for police officers. 25 Date: July 8, 2024 Item: 5 Presenter: Josh Lemons, Parks & Golf Superintendent Section: Consent Agenda Title: Mower Purchase 1.Purpose: The purpose of this item is to gain authorization to purchase a zero turn mower for Big Island 2.Background: Weekly maintenance occurs on Big Island and mowing the trails and open spaces is a large part of the maintenance. The parks department currently has a zero-turn mower stored at the park. After an inspection by the Fleet Supervisor, it was determined that the mower would not last through the rest of the mowing season. The mower has deteriorated rapidly since that inspection and is to the point of being unusable. The repairs required to keep the mower going were deemed too costly based on the age and condition of the mower. The Fleet Supervisor sought several quotes for suitable replacements. All mowers were quoted with the addition of the Tractus Tire (no flats) to cut down on tire repairs when stored on the island. 3.Cost: Vendor Product Cost MTI Distributing Toro 5000 Series Zero-turn $14,193.39 A1 Power Equipment Exmark FX Zero-turn $15,036.25 A1 Power Equipment Exmark 37HP Zero-turn $16,796.25 4.Funding: Funding for the zero-turn mower will come from the Equipment Outlay fund. 5.Staff Recommendation: Staff recommends purchasing the Toro 5000 series zero-turn mower from MTI Distributing. The Toro mower is of high quality and Toro parts are easily sourced for when repairs are required. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to authorize purchase of the Toro 5000 series zero-turn mower from MTI Distributing. Exhibits A1 Quote.pdf MTI Quote.pdf 26 1 CP:Tony M Q U O T A T I O N DATE: CUSTOMER #: P.O.#: 11814 TERMS:Net 30 6/27/2024A-1 OUTDOOR POWER, INC. 7630 Commerce Street www.a1outdoorpower.com Corcoran, MN 55340 USA Phone #: (763)420-2748 Fax #: (763)420-2448 PHONE #: ALT. #: (952)249-4681 (763)334-3537 Ext: BRENT LOCATION:1 STATUS:Active PAGE: ORDER #:1223932 SALES TYPE:Quote CELL #: CITY OF ORONO 365 OLD CRYSTAL BAY RD N ORONO, MN 55356 CITY OF ORONO 365 OLD CRYSTAL BAY RD N ORONO, MN 55356 11814BILL TO SHIP TO MFR PRODUCT NUMBER DESCRIPTION QTY PRICE NET TOTAL EXM LZX801GKA606Q1 $18,869.00 $13,598.75 $13,598.751LAZER X-SERIES FX801V KAW 60" SERIES 6 W/ADAPT EXM LZX993EBV606X1 $21,311.00 $15,358.75 $15,358.751LAZER X-SERIES 37HP 993CC BRS EFI W/OIL GUARD 60" 6-SERIES THE 993 IS EQUIPPED WITH THE OIL GUARD SYSTEM HOLDS 5QTS OF OIL AND FIRST OIL CHANGE IS AT 500 HOURS! EXM 135-2286 $899.00 $718.75 $1,437.502TRACTUS TIRE (NO FLAT) 60" LAZER Z (ORDER W/WG) THANK YOU, TONY !! Quoted prices are subject to change. THANK YOU FOR YOUR BUSINESS !!! VISIT OUR WEBSITE www.a1outdoorpower.com FOR CURRENT HOURS, PARTS LOOK UP LINKS, USED & NON-CURRENT EQUIPMENT SPECIALS I AGREE TO THIS TRANSACTION x_______________________________ Effective 1-1-24 Payments made using a credit card will incur a 3% surcharge fee that matches our processing cost of accepting the credit card. Customers that wish to pay with a credit card will see this fee in addition to their invoice total. In the event of a refund to the credit card, the 3% surcharge will not be returned. $32,986.17ORDER TOTAL: $2,591.17TAX: SUBTOTAL:$30,395.00 Authorized By: 27 Quote Expiration Date:7/27/2024 Brady Pool City of Oronoa Qty Model Number Description Quote Price Each Quote Price Extended 1 72911 Toro 5000 Series 60 in. 25 hp $14,193.39 $14,193.39 Equipment Total $14,193.39 6.875% Sales Tax Exempt Total $14,193.39 Net 30 Terms with qualified credit Equipment delivery and set-up at no additional charge All commercial products purchased by a credit card will be subject to a 2.5% service fee. Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us. Larry Gorman Karen Wangensteen Outside Sales Representative Inside Sales Representative 612-877-0830 763-592-5643 MTI Distributing Equipment Quote June 27, 2024 MTI Distributing, Inc. • 4830 Azelia Avenue N. #100 • Brooklyn Center, MN 55429 MINNESOTA STATE CONTRACT PRICING - CONTRACT #243333 28 Date: July 8, 2024 Item: 6 Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Title: Repair Roadway Guardrails 1.Purpose: The purpose of this action item is to gain approval for guard rail repairs 2.Background: The city has guard rails along certain road segments throughout the city to protect vehicles, and equipment from leaving the roadway and causing injury to infrastructure or themselves. The city has 3 section of roadway guardrail that sustained damage that need to be repaired. 3.Scope: Contractor will replace damaged sections and bring guard rail systems back into compliance. 4.Cost: The city solicited quotes. Listed below. a. Erickson Infrastructure $ 25,200.00 b. Global Specialty Contractors Inc. $ 15,540.00 5.Funding: This will be funded from the street operating budget and insurance payments 6.Staff Recommendation: Staff recommends approval of the low quote from Global Specialty Contractors, Inc. for $ 15,540.00 AGENDA ITEM COUNCIL ACTION REQUESTED Accept the quote from Global Specialty Contractors, Inc. for $ 15,540.00 29 Date: July 8, 2024 Item: 7 Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Title: Compensation Increase for Public Works Utility Worker 1.Purpose: To gain City Council approval for step increase for public works utility maintenance worker James Nelson 2.Background: Public Works employee James Nelson started with the city in October 2022 as a public works maintenance worker. Since then his performance has been exceptional. James moved to utility maintenance in July of 2023 and recently obtained his water and sewer licensing which are requirements as a Utility Worker. James has strived to improve and expand the department and the water and sewer assets he is responsible for overseeing and has shown interest in improving the overall. James has quickly become a subject matter expert on water plant operation and maintenance. The general public and his fellow employee have nothing but good things to say about James's performance. 3.Staff Recommendation: I recommend step increase to Grade 8 Step 3 $34.13 of Local 49 AFL-CIO pay scale of retroactive to May 22nd, 2024 for exceptional performance. AGENDA ITEM COUNCIL ACTION REQUESTED Approve motion for a step increase to Grade 8 step 3 $34.13 of Local 49 AFL-CIO pay scale retroactive to May 22nd, 2024 for public works maintenance worker James Nelson 30 Date: July 8, 2024 Item: 8 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Event Compensation for Police Officers 1.Purpose: The purpose is to gain approval to increase officer compensation for a single event. 2.Background: The police department has been requested to assist South Lake Police Department with the Fourth of July community event occurring in their city. They are requesting mutual aid assistance from the Orono Police Department with several details during this fourth of July celebration. The city will be reimbursed at the rate of $125 per hour to assist with providing staff, equipment and resources to assist with this event. Police officers will receive $90.00 per hour compensation when assigned to details during this community celebration occurring July 3rd and 4th to assist South Lake Police Department with covering details for this community event. 3.Cost: City will invoice South Lake Police Department $125.00 per officer working July 3 and 4 during this community event. 4.Funding: - 5.Staff Recommendation: Recommend approval of $90.00 per hour for police officers working this special event. AGENDA ITEM COUNCIL ACTION REQUESTED I recommend the approval of invoicing South Lake Police Department at $125.00 per hour for each officer working this special event and to pay each police officer at the rate of $90.00 per hour for this special detail. 31 Date: July 8, 2024 Item: 9 Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Title: Accept Flag Donation - Resolution 7494 1.Purpose: The purpose of this action item is to gain approval to accept a donation to the City. 2.Background: Brian Gerhardson has donated a check in the amount of $3,300 in honor of his Brother Rod Gerhardson to be used to purchase flags, poles, brackets, and related accessories etc. This donation is being made in memory of his brother, who was a seasonal worker for Orono parks and golf course. 3.Donations Received: Donor Donation Description Donation Value Donation Purpose Brian Gerhardson Cash $3,300.00 To purchase flags, poles, brackets and related accessories 4.Staff Recommendation: Staff recommends accepting the generous donation from Brian Gerhardson AGENDA ITEM COUNCIL ACTION REQUESTED Accept donation of $3300 for the purchase of flags and accessories. Exhibits Resolution 7494 - Donation Flags.docx 32 CITYOF ORONO RESOLUTIONOFTHE CITY COUNCIL NO.7494 RESOLUTIONACCEPTINGDONATION WHEREAS,the city is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, Brian Gerhardson wishes to make a donation to the city of Orono (“city”) of eight public works and first responder flags as well as a donation in the amount of $3,300 for the purchase of flags, brackets, etc. This donation is being made in memory of his brother, who was a seasonal worker for Orono parks and golf course. WHEREAS,thedonationhasbeencontributedtothecityforthebenefit ofits citizens; and WHEREAS, Minnesota Statutes § 465.03 et seq. requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. WHEREAS,the citydesiresto accept thedonation;and NOWTHEREFOREBEITRESOLVED that the Orono City Council accepts the donations and as agreed and as allowed by law. FURTHER, staff will acknowledgethereceipt of the donation. Adopted by the City Council of Orono, Minnesota at a regular meeting held on July 8, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 33 Date: July 8, 2024 Item: 10 Presenter: James Van Eyll, Fire Chief Section: Consent Agenda Title: Accept Tools Donation - Resolution 7495 1.Purpose: The purpose of this agenda item is to accept the donation from Gopher ACE for tools, tool boxes and shovels for use by the Orono Fire Department 2.Background: Gopher ACE has offered to donate tools, tool boxes and shovels with approximate value of $300 to Orono Fire Department; 3.Staff Recommendation: I recommend to accept the donation from Gopher ACE AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7495 which is a donation from Gopher ACE Exhibits Resolution 7495 - Donation FD.docx 34 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7495 A RESOLUTION ACCEPTING A DONATION OF TOOLS WHEREAS, the city of Orono is authorized by Minn. Stat. 465.03 to accept donations of real and personal property for the benefit of its citizens and is specifically authorized to accept gifts; WHEREAS, the following Gopher ACE has offered to donate tools, tool boxes and shovels with approximate value of $300 to Orono Fire Department; WHEREAS, this donation is for the use by the Orono Fire Department; WHEREAS, the donation is for the benefit of Orono residents; and WHEREAS, the City Council finds that it is appropriate to accept the donation. NOW THEREFORE,BE IT RESOLVED that the Orono City Council gratefully accepts donated items to be used by the Orono Fire Department. FURTHER, staff will issue a letter to the donor acknowledging receipt of the donation and expressing appreciation. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on July 8, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 35 Date: July 8, 2024 Item: 11 Presenter: Natalie Nye, Planner Section: Consent Agenda Title: #LA24-000031, 3120 North Shore Drive, Variance - Resolution 7491 1.Purpose: The applicant is requesting an average lakeshore setback variance for a deck expansion. 2.MN§15.99 Application Deadline: The application was received on May 22, 2024 and deemed complete on May 23, 2024. The 60- Day timeline for review expires on July 22, 2024 3.Background: The applicant is requesting an average lakeshore setback variance in order to reconstruct and expand a lakeside deck beyond the average lakeshore setback line. The proposal meets all other zoning requirements including the 75-foot setback and hardcover. 4.Planning Commission Vote and Comment: The Planning Commission reviewed the application at the June 17, 2024 Planning Commission meeting where a Public Hearing was held. The Commission stated that request did not negatively impact neighbors and that it was a minimal expansion. The Planning Commission moved to approve the variance request as applied with a vote of 7 to 0. The June 17, 2024 Planning Commission packet and meeting video can be found here. 5.Public Comment: Neighbor acknowledgment forms were provided by the applicant and were included in the Planning Commission packet. No other public comments have been received. 6.Staff Recommendation: Staff recommends approval of the requested average lakeshore setback variance for a new deck. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7491. Exhibits Exhibit A - Draft Resolution 7491 Exhibit B - Plans 36 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7491 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA24-000031 WHEREAS, on May 22, 2024, Peter Eskuche (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 3120 North Shore Drive and legally described as: Lot 2, Block 4 and Block 3, Block 2, Crystal Bay Park including vacated View Avenue Adjoining said Lots, according to the map or plat thereof on file and of record in the Office of the Register of Deeds in and for said county, 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 new deck; and WHEREAS, on June 17, 2024, 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 June 17, 2024, the Planning Commission voted 7 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on July 8, 2024 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 #LA24-000031. 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. 37 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7491 2 3. The Property contains 81,188 square feet in area and has a defined lot width of 150 feet at the 75- foot lakeshore setback and a lot width of 152 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 variance s, 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 reconstruction and expansion of the lakeside deck on the property. The current deck abuts the average lakeshore setback line and is proposed to encroach 6.7 feet. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring properties are not impacted by the minor deck expansion as the house is setback over 100 feet from the lake. All other setbacks including the 75-foot lake setback are met. The hardcover on the subject property will continue to be below the maximum of 25%. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in an expanded lakeside deck 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 expansion is minor and 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. The current deck abuts the average lakeshore setback and any expansion would likely require a variance. The existing deck is shallow and the expansion creates a more 38 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7491 3 reasonable shaped deck. 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 location of the neighboring homes is out of the control of the homeowner. The applicant is requesting the average lakeshore setback variance to construct an expanded deck to a more reasonable size and shape; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variance resulting in an expanded lakeside deck will not alter the character of the locality. The project will meet the 75-foot lake setback, meet hardcover requirements and limit impact to the neighbors. 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. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The existing position of the property in relation to the neighboring homes is unique. The neighboring properties will not have th eir lake view impacted by the proposed deck expansion. 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 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 deck expansion allows the property owner to fully enjoy 39 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7491 4 the deck and 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 variance 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 reconstruction and expansion of a lakeside deck that will encroach 6.7 feet into the average lakeshore setback. The proposed addition will allow the current property owners to fully use and enjoy deck and lakeyard and is a reasonable expansion. 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 a deck 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 a s 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 (July 8, 2025). 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. 40 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7491 5 ADOPTED by the Orono City Council on this 8th day of July, 2024. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 41 Res. 7491 Ex. A42 16'-0"SITE VERIFY27'-1"19'-6"PROPOSED6'-8"45'-0"EXISTIN G & PR OP OSE D119'-4"PROPOSED115'-8"PROPOSEDEXT DE C K T O RE M AI N 4'-9"PROPO SE D DECK ALS LI NE EXISTIN G DECK 0 20'40'60'80' 70 60 50 40 30 80 20 10 N W E S PROPOSED EXPANSION OF DECK SUMMER SOLSTICE SUNRISE WINTER SOLSTICE SUNRISE SUMMER SOLSTICE SUNSET WINTER SOLSTICE SUNSET EXISTING LAKESIDE ARIEL VIEW OF PROPOSED DECK TO NEIGHBOR NEIGHBOR 3120 N SHORE DR PROPOSED DECK FROM WEST PROPOERTY LINE VARIANCE 7 MAY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 MAXWELL RENO 3120 N SHORE DR ORONO, MN 55391 EXIS TI N G H O U S E 3120 N S H O R E D R PROPOSED EXPANSION OF DECK Res. 7491 Ex. B 43 Council Exhibit B44 16'-0"SITE VERIFY27'-1"19'-6"PROPOSED6'-8"45'-0"EXISTIN G & PR OP OSE D119'-4"PROPOSED115'-8"PROPOSEDEXT DE C K T O RE M AI N 4'-9"PROPO SE D DECK ALS LI NE EXISTIN G DECK 0 20'40'60'80' 70 60 50 40 30 80 20 10 N W E S PROPOSED EXPANSION OF DECK SUMMER SOLSTICE SUNRISE WINTER SOLSTICE SUNRISE SUMMER SOLSTICE SUNSET WINTER SOLSTICE SUNSET EXISTING LAKESIDE ARIEL VIEW OF PROPOSED DECK TO NEIGHBOR NEIGHBOR 3120 N SHORE DR PROPOSED DECK FROM WEST PROPOERTY LINE VARIANCE 7 MAY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 MAXWELL RENO 3120 N SHORE DR ORONO, MN 55391 EXIS TI N G H O U S E 3120 N S H O R E D R PROPOSED EXPANSION OF DECK 45 Date: July 8, 2024 Item: 12 Presenter: Natalie Nye, Planner Section: Consent Agenda Title: #LA24-000032, 3745 Shoreline Drive, Variances - Resolution 4792 1.Purpose: The applicant is requesting sign area variances for a new digital sign. 2.MN§15.99 Application Deadline: The application was received on May 22, 2024 and deemed complete on May 23, 2024. The 60- Day timeline for review expires on July 22, 2024 3.Background: The applicant, Good Shepherd Lutheran Church, is proposing to update an existing freestanding sign on the property. The existing sign includes a changeable copy area and the new sign will replace this portion of the sign with a digital display. The existing sign is 40.6 square feet, exceeding the maximum size area of 32 square feet that the code allows. The code also limits digital displays to 35% of the sign area. The existing sign’s changeable copy area exceeds this at approximately 61% (25 square feet). The proposed sign requires variances from total sign area as well as percentage of digital sign area. 4.Planning Commission Vote and Comment: The Planning Commission reviewed the application at the June 17, 2024 Planning Commission meeting where a Public Hearing was held. The Planning Commission discussed the application and noted it was similar character for the area and that the sign would be the same size as the existing sign. The Planning Commission moved to approve the application as applied with a vote of 7 to 0. The June 17, 2024 Planning Commission packet and meeting video can be found here. 5.Public Comment: The applicant submitted letters of support from neighboring properties, which were included in the Planning Commission packet. No other public comments have been received. 6.Staff Recommendation: Staff recommends approval of the requested sign variances for a new digital sign at 3745 Shoreline Drive. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7492. Exhibits Exhibit A - Draft Resolution 7492 Exhibit B - Sign Plans 46 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7492 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1478 & 78-1479 FILE NO. LA24-000032 WHEREAS, on May 22, 2024, Good Shepherd Lutheran Church (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 3745 Shoreline Drive and legally described as: Lot 5, Block 7, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for sign variances from City Code Sections 78-1478 and 78-1479 in order to replace a freestanding sign; and WHEREAS, on June 17, 2024, 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 June 17, 2024, the Planning Commission voted 7 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on July 8, 2024 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 #LA24-000032. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 47 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7492 2 3. The Property is within Tier 3 and hardcover is limited to 35 % according to the Stormwater Quality Overlay District. 4. Applicant has applied for the following variances: a. Permitted Sign Area b. Changeable Message Sign 5. 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 . . . .” The subject property currently contains a freestanding sign on the property. The existing sign is nonconforming, but permitted to remain and to be replaced. The proposal is to replace the sign with a new, modernized sign of the same size. The dimensions of the changeable copy area is also nonconforming for the existing sign The proposal will modify the manual changeable copy area to a digital display. The new sign is not increasing the nonconformity and therefore in harmony with the general intent and purpose of the ordinance. The new digital display will not impact neighboring residential properties. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The replacement of a nonconforming sign is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The proposal will meet all other zoning requirements. 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 addition of a digital display sign for a place of worship is a reasonable improvement. The existing sign on the property is nonconforming as it relates to area and amount of changeable copy area and this will not increase with the proposed replacement sign. A digital display will allow Good Shepherd Lutheran Church to adequately present information to their congregation without impacting any residential properties. This criterion is met. 48 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7492 3 b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing sign size and location is 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 variance resulting in a new sign of the same size and location will not alter the character of the locality. A digital display sign for a place of worship is common and will be used to display mass times, events, and other important messages. There will be no animation or blinking lights and is not visible from neighboring residential properties. The church is located on a major roadway abutting the City’s commercial district (Navarre). The proposed sign would be in line with the character along Shoreline Drive. 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 sign is permitted on the subject property. 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 size and composition of the existing sign is unique and specific to the 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.” The unique and existing conditions do not apply to other properties in the neighborhood or district. 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 sign is in need of replacement. The manual changeable 49 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7492 4 copy area is difficult for the church to manage in the cold weather months. A digital display message would greatly improve the communication for Good Shepherd Lutheran Church to their congregation without negatively impacting any neighboring properties. 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 variance would allow a new sign to be built that is the same size and location as the existing sign on the property. The proposed change from manual changeable copy to a digital display is the only difference. The digital display will follow all regulations and will not have any animation or blinking lights that would distract drivers along Shoreline Drive. The digital display will also not be visible from any neighboring residential properties. 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 sign area variances will allow Good Shepherd Lutheran Church to replace a sign with a modern digital display. The existing sign has proven to be difficult to manage and the updated sign will allow for better communication for the church to their congregation. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Sections 78-1478 and 78-1479 to allow the construction of a deck replacement of a freestanding sign with a digital display. 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached sign plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the 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 8, 2025). 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. 50 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7492 5 ADOPTED by the Orono City Council on this 8th day of July, 2024. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 51 USE EXISTING 4” X 4” POLE? NEED PMS COLOR FOR POLE COVER NEED VECTOR ARTWORK AND BLUE COLOR FOR GOOD SHEPHARD CHURCH LOGO FILE NAME: GOOD-SHEPHARD-CHURCH-WAYZATA-MON-EMC-V1.AI All original designs are exclusive property of Scenic Sign Corp. BOX 881 ST. CLOUD MN 56302 (320) 252-9400 | 1320 5th AVE NE FARGO, ND 58078 1-800-486-8517 The client warrants that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the client agrees to indemnify and hold Scenic Sign harmless for all liability, damages and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work production of provided. ELECTRICAL: THIS SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NATIONAL ELECTRICAL CODE AND/OR OTHER APPLICABLE LOCAL CODES. THIS INCLUDES PROPER GROUND AND BONDING OF THE SIGN.0 11/2 1/4 3/4 1/8 3/8 5/8 7/8 21/2 1/4 3/4 1/8 3/8 5/8 7/8 PLEASE NOTE: ARTWORK NOT READY FOR PRODUCTION! DATE: 6/29/23 SALESMAN: JOHN DeZURIK DRAWN BY: BRET SCHWINGHAMMER LOCATION: WAYZATA, MN SQ FT: MONUMENT / EMC WO: # VOLTAGE: 120/277 PHOTO EYE:NO MONUMENT IS DOUBLE SIDED AFTER - NOT TO SCALE SCALE: 1/2” = 1’ BEFORE - NOT TO SCALE VIEWABLE AREA 3 ft - 8 in 44 in EMC HEIGHT 4 ft - 2 in 50 in 2 ft - 10 in 34 in 7 ft - 0 in 84 in VIEWABLE AREA 6 ft - 0 in 72 in VISIBLE OPENING 3 ft - 9 in 45 in CAB SIZE 3 ft - 11 in 47 in EMC WIDTH 6 ft - 3 in 75 in VISIBLE OPENING 4 ft - 0 in 48 in CAB SIZE 4 ft - 2 in 50 in 8 ft - 0 in 96 in FULL COLOR 6 MM DAKTRONICS EMC VIEWABLE AREA: 3’8” X 6’ EMC CAB SIZE: 4’2” X 6’3” 180 x 300 MATRIX POLE COVER PAINTED TBD TYPE 4 DOUBLE SIDED CABINET 1” RETAINER PAINTED BLACK WHITE LEXAN FACE 3M TRANS BLUE VINYL TBD NEED VECTOR ARTWORK WHITE LEDS 52 USE EXISTING 4” X 4” POLE? NEED PMS COLOR FOR POLE COVER NEED VECTOR ARTWORK AND BLUE COLOR FOR GOOD SHEPHARD CHURCH LOGO FILE NAME: GOOD-SHEPHARD-CHURCH-WAYZATA-MON-EMC-V1.AI All original designs are exclusive property of Scenic Sign Corp. BOX 881 ST. CLOUD MN 56302 (320) 252-9400 | 1320 5th AVE NE FARGO, ND 58078 1-800-486-8517 The client warrants that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the client agrees to indemnify and hold Scenic Sign harmless for all liability, damages and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work production of provided. ELECTRICAL: THIS SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NATIONAL ELECTRICAL CODE AND/OR OTHER APPLICABLE LOCAL CODES. THIS INCLUDES PROPER GROUND AND BONDING OF THE SIGN.0 11/2 1/4 3/4 1/8 3/8 5/8 7/8 21/2 1/4 3/4 1/8 3/8 5/8 7/8 PLEASE NOTE: ARTWORK NOT READY FOR PRODUCTION! DATE: 6/29/23 SALESMAN: JOHN DeZURIK DRAWN BY: BRET SCHWINGHAMMER LOCATION: WAYZATA, MN SQ FT: MONUMENT / EMC WO: # VOLTAGE: 120/277 PHOTO EYE:NO MONUMENT IS DOUBLE SIDED AFTER - NOT TO SCALE SCALE: 1/2” = 1’ BEFORE - NOT TO SCALE VIEWABLE AREA 3 ft - 8 in 44 in EMC HEIGHT 4 ft - 2 in 50 in 2 ft - 10 in 34 in 7 ft - 0 in 84 in VIEWABLE AREA 6 ft - 0 in 72 in VISIBLE OPENING 3 ft - 9 in 45 in CAB SIZE 3 ft - 11 in 47 in EMC WIDTH 6 ft - 3 in 75 in VISIBLE OPENING 4 ft - 0 in 48 in CAB SIZE 4 ft - 2 in 50 in 8 ft - 0 in 96 in FULL COLOR 6 MM DAKTRONICS EMC VIEWABLE AREA: 3’8” X 6’ EMC CAB SIZE: 4’2” X 6’3” 180 x 300 MATRIX POLE COVER PAINTED TBD TYPE 4 DOUBLE SIDED CABINET 1” RETAINER PAINTED BLACK WHITE LEXAN FACE 3M TRANS BLUE VINYL TBD NEED VECTOR ARTWORK WHITE LEDS 53 Date: July 8, 2024 Item: 13 Presenter: Natalie Nye, Planner Section: Consent Agenda Title: #LA24-000029, 1487 Shoreline Drive, Variance - Resolution 7489 1.Purpose: The applicant is requesting a variance from the 75-foot lake setback for an entryway modification. 2.MN§15.99 Application Deadline: The application was received on May 21, 2024 and deemed complete on May 23, 2024. The 60- Day timeline for review expires on July 22, 2024 3.Background: The applicant is proposing to modify the roofline of the entryway of an existing home within the 75-foot lake setback. The home is nonconforming with a majority of the home within the 75-foot lake setback. The modification to the roofline on the entryway does not expand the footprint or increase hardcover. 4.Planning Commission Vote and Comment: The Planning Commission held a Public Hearing on June 17, 2024 and reviewed the application. The Planning Commission stated the request was minimal and did not increase hardcover or impact neighbors. The Planning Commission moved to approve the variance application as applied with a vote of 7 to 0. The June 17, 2024 Planning Commission packet and meeting video can be found here. 5.Public Comment: No public comment has been received. 6.Staff Recommendation: Staff recommends approval of the requested 75-foot lake setback variance for a roof modification on an existing home. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7489. Exhibits Exhibit A - Draft Resolution 7489 Exhibit B - Plans 54 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7489 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA24-000029 WHEREAS, on May 21, 2024, Robey Construction on behalf of Steve Streich (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 1487 Shoreline Drive and legally described as: Lots 5 and 6, NJ Stubbs First Subdivision in Lot No. 2, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for a 75-foot lake setback variance from City Code Section 78-1279 in order to modify an entryway; and WHEREAS, on June17, 2024, 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 June 17, 2024, the Planning Commission voted 7 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on July 8, 2024 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 #LA24-000029. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. 55 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7489 2 3. The Property contains 32,927 square feet in area and has a defined lot width of 130 feet at the 75- foot lakeshore setback and a lot width of 130 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. 75-foot Lake 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 . . . .” The proposed variance is in harmony with the purpose of the Ordinance. The property includes difficulties in the location of the existing home and existing site conditions. The requested changes are minimal and do not expand the footprint or increase hardcover. This criterion has been met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variance to allow a remodel of an existing, nonconforming home without increasing hardcover is consistent with 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 request to permit a minor entryway modification within the 75-foot setback appears to be reasonable considering the location of the existing home. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 56 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7489 3 The location of the existing home prevents changes or expansions of the home consistent with the neighborhood. The proposed overall hardcover level is not changing. The circumstances are unique to the property; and c. The variance, if granted, will not alter the essential character of the locality.” The variance requested to permit the modification to the home’s entryway and roofline are not visible from the lake and do not expand the footprint or increase hardcover. The proposal will not alter the character of the neighborhood. 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-1A District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The existing home’s proximity to the lakeshore and the existing conditions of the site are unique to the site. 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 unique condition of the nonconforming home and site does not apply to other properties in the area. 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.” Granting the variance is necessary for the preservation of the property rights of the owners. 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 variance in this unique situation is not contrary to the intent of the zoning chapter. This criterion is met. 57 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7489 4 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The requested variance is necessary to address the poor roof drainage and open up the interior layout. The request is minor and does not expand the footprint nor increase the hardcover. 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 modification of an entryway within the 75-foot lake 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. 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 (July 8, 2025). 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 8th day of July, 2024. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 58 c Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN 55120 Ph. : (651) 681-1914 www.pioneereng.comFax: (651) 681-9488 Project # :124001 Folder #:8915 Drawn by:NJK CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Certificate of Survey for: ROBEY CONSTRUCTION LLC 3806 Westin Ave, Woodbury, MN 55125 Phone: (612) 834-8403 Res. 7489 Ex. A59 4 3.0 3 3.0 2 3.0 14 12 x36905E3L A C E E ;, S T. % E A 0 T2 S 8 3 3 2 5 T N E : % E A 0 NE: :,N'2: ,N *A%LE A%29E 8CA 144 S 5.2. 1'-" x 3'- /" 2x 5A)TE5S 9LTC. CL*. 5E3LACE E;,ST,N* ENT5< :A< AN' 522) :/ NE: 2N T23 2) E;,ST. )28N'AT,2N 9E5,)< 9'-0" 9E5,)< '-6" 9E5,)< “ 1'-9"'-6"“ 1'-9" NE: ENT5< '225 1'-0"2 2.0 1 2.0 14 SKRUHOLQH 'ULYH :D\]DWD 0N 3913ODQV SUHSDUHG E\ :DGH S.Streich, Steve & CariFront Entry RemodelSCALE: 1/4"=1'-0"SCALE: 1/4"=1'-0" SCALE: 1/4"=1'-0" SCALE: N.T.S. Res. 7489 Ex. B 60 1 3.0 4 3.0 14 12 14 12 3 3.0 2 3.0 14 SKRUHOLQH 'ULYH :D\]DWD 01 313ODQV SUHSDUHG E\ :DGH S.Streich, Steve & CariFront Entry RemodelSCALE: 3/4" = 1'-0"SCALE: 3/4" = 1'-0" 61 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared by Wade S.Streich, Steve & CariFront Entry RemodelS&$/( 1 1 1 S&$/( 1 1 1  S&$/( 1 1 1 S&$/( 1 1 1  62 c Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN 55120 Ph. : (651) 681-1914 www.pioneereng.comFax: (651) 681-9488 Project # :124001 Folder #:8915 Drawn by:NJK CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Certificate of Survey for: ROBEY CONSTRUCTION LLC 3806 Westin Ave, Woodbury, MN 55125 Phone: (612) 834-8403 Council Exhibit B63 4 3.0 3 3.0 2 3.0 14 12 x36905E3L A C E E ;, S T. % E A 0 T2 S 8 3 3 2 5 T N E : % E A 0 NE: :,N'2: ,N *A%LE A%29E 8CA 144 S 5.2. 1'-" x 3'- /" 2x 5A)TE5S 9LTC. CL*. 5E3LACE E;,ST,N* ENT5< :A< AN' 522) :/ NE: 2N T23 2) E;,ST. )28N'AT,2N 9E5,)< 9'-0" 9E5,)< '-6" 9E5,)< “ 1'-9"'-6"“ 1'-9" NE: ENT5< '225 1'-0"2 2.0 1 2.0 14 SKRUHOLQH 'ULYH :D\]DWD 0N 3913ODQV SUHSDUHG E\ :DGH S.Streich, Steve & CariFront Entry RemodelSCALE: 1/4"=1'-0"SCALE: 1/4"=1'-0" SCALE: 1/4"=1'-0" SCALE: N.T.S. 64 1 3.0 4 3.0 14 12 14 12 3 3.0 2 3.0 14 SKRUHOLQH 'ULYH :D\]DWD 01 313ODQV SUHSDUHG E\ :DGH S.Streich, Steve & CariFront Entry RemodelSCALE: 3/4" = 1'-0"SCALE: 3/4" = 1'-0" 65 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared by Wade S.Streich, Steve & CariFront Entry RemodelS&$/( 1 1 1 S&$/( 1 1 1  S&$/( 1 1 1 S&$/( 1 1 1  66 Date: July 8, 2024 Item: 14 Presenter: Melanie Curtis, Planner Section: Consent Agenda Title: #LA24-000026, 2265 and 2285 North Shore Drive, Grading IUP - Resolution 7487 1.Purpose: The purpose of this item is to consider an Interim Use Permit (IUP) to conduct grading activities over two properties in excess of 500 cubic yards in the Shoreland Overlay District. 2.MN§15.99 Application Deadline: The application was submitted on March 24, 2024 and considered to be complete on May 20, 2024. The 60-day review period will expire on July 10, 2024. 3.Background: The applicant requests an Interim Use Permit in order to utilize a maximum of 2,900 cubic yards of dewatered dredging spoil materials on the two properties to create berms along North Shore Drive. The remaining material will be spread thinly in the adjacent areas. 4.Planning Commission Vote and Comment: At the July 17th meeting, the Planning Commission held a public hearing and voted 7 to 0 to recommend approval of the IUP as proposed. 5.Public Comment: Public comment was received during the meeting and consisted primarily of questions for the property owner regarding the future use or development of the properties, which is not proposed. 6.Staff Recommendation: Planning Staff recommends approval of the IUP conditioned upon compliance with the permitting requirements from all applicable jurisdictions, and subject to an administrative grading permit prior to commencement. AGENDA ITEM COUNCIL ACTION REQUESTED Council should consider a motion to approve the IUP in accordance with the approval resolution attached as Exhibit A. Exhibits Exhibit A - Draft Resol 7487 Exhibit B - Plans & Narrative Exhibit C - Draft 6/17 PC Minutes 67 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7487 1 A RESOLUTION APPROVING AN INTERIM USE PERMIT PURSUANT WITH MUNICIPAL ZONING CODE SECTIONS 78-916 & 78-1726 FILE NO. LA24-000026 WHEREAS, on April 24, 2024, Gregg W. Steinhafel and Denise E. Steinhafel (hereinafter “the Applicants”), the owners of the property, applied for an interim use permit for grading for the properties addressed 2265 North Shore Drive and 2285 North Shore Drive and legally described as: Attached as Exhibit A (hereinafter the “Property”); WHEREAS, the Applicants have made an application to the City of Orono for an interim use permit (hereinafter the “IUP” pursuant to Orono Municipal Zoning Code Sections 78-916 and 78-1726 to allow a maximum of 2,900 cubic yards of dewatered dredging spoils to be deposited on the Property for the creation of berms and dispersed on-site; and WHEREAS, on June 17, 2024, 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 June 17, 2024, the Planning Commission recommended approval of the IUP as described; and WHEREAS, on July 8, 2024, 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 IUP 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 above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1A, One Family Lakeshore Residential Zoning District. 68 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7487 2 A3. The Property contains approximately 22 acres in area. A4. The Applicants have applied for an IUP for grading. A5. In considering this application for an IUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed IUP 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. INTERIM USE PERMIT ANALYSIS: The Council has determined that the proposed use will comply with the following IUP criteria outlined in Code Section 78-1726: B1. The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the LR-1A Zoning District. This criterion is met. B2. The use will not delay anticipated development or redevelopment of the site; The grading activities will not impact future site development. This criterion is met. B3. The use will not be in conflict with any provisions of the city code on an ongoing basis; The plan will be reviewed by our City Engineer and the Applicants will be required to follow City requirements. The project will obtain all necessary permits with outside agencies including MCWD, LMCD, and NPDES permitting. This criterion is met. B4. The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The Applicants shall ensure the project scope remains within the property lines, the haul route is monitored (and cleaned as often as necessary), and that any adverse impacts are mitigated. This criterion is met. B5. The use will not impose additional unreasonable costs on the public; The project will not impose additional costs on the public. This criterion is met. B6. The date or event that will terminate the use can be identified with certainty; The Applicants have provided a project timeline which will commence in the Fall of 2024 and will be finalized mid-summer 2025. This criterion is met. 69 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7487 3 B7. And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. Approval of the Interim Use Permit will be done through a resolution that is recorded with the County. All requirements and conditions will be listed as part of the resolution. This criterion is met. Additional Applicable Regulations (Section 78-916) B8. Consistent with the community management plan; The proposed activity on the residential properties is consistent with the community management plan. Grade alterations are reasonable. B9. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; This criterion is met. B10. Adequately served by police, fire, roads, and stormwater management; This criterion is met. The Applicants will be obtaining all necessary permits. B11. Provided with an adequate water supply and sewage disposal system; This criterion is not applicable. B12. Not expected to generate excessive demand for public services at public cost; This criterion is met. B13. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There is no change of use contemplated. This criterion is met. B14. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The project will not result in a change in character. 70 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7487 4 B15. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is not applicable. B16. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed land alterations will be contained to the site and will meet all requirements by the City of Orono and other outside agencies. B17. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The Applicants are encouraged to work with any potentially impacted neighboring properties with concerns about screening or buffering. No screening or buffer requirements are required by the City. This criterion is met. B18. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed project will be contained to the site and is not permitted to encroach on neighboring properties. A haul route has been reviewed and approved by the City for the imported dredging materials. This criterion is met. B19. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The dredging spoils will be transported by lake to the dewatering site and will be transported back to the site over an approved haul route. This should allow construction traffic to be less of an impact. This criterion is met. B20. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The project will obtain all necessary permits from outside agencies such as MCWD, LMCD, and DNR as well as an NPDES permit. This criterion is met 71 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7487 5 B21. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and B22. Not detrimental to the public health, public safety, or general welfare. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an interim use permit pursuant with Orono Municipal Zoning Code Sections 78-916 and 78-1726 to allow approximately a maximum of 2,900 cubic yards of material to be deposited on the Property for the creation of berms and to be dispersed on-site, subject to the following conditions: C1. Council approval is based on the entire record and the above Findings. C2. The approved project shall conform to the survey dated 04/19/2024 by Gronberg and Associates submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. C3. The approved material haul route is attached as Exhibit C. The Applicants shall monitor the haul route and respond accordingly. The Applicants shall ensure the project scope remains within the property lines, impacted roadways are cleaned as often as necessary, and any adverse impacts are mitigated promptly. C4. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. C5. The Applicants agree to comply with the permitting requirements of all applicable jurisdictions including the Minnehaha Creek Watershed District. C6. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by commencing said project. The project must commence within one year of the date of Council approval, or the IUP will expire on that date (July 8, 2025). 72 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7487 6 C7. 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. C8. The undersigned Applicants are the owners of the Property and agree to the conditions herein. ADOPTED by the Orono City Council on this 8th day of July, 2024. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk 73 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7487 7 ______________________________ ________________________________ Gregg W. Steinhafel, Property Owner Denise E. Steinhafel, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _____ day of _______________, 2024, by Gregg W. Steinhafel, husband of Denise E. Steinhafel. ____________________________________ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _____ day of _______________, 2024, by Denise E. Steinhafel, wife of Gregg W. Steinhafel. ____________________________________ Notary Public 74 Reso lution No. 7487 Exhibit A LEGAL DESCRIPTION OF PREMISES: 2285 North Shore Drive / PARCEL 2: / From Document No. 7933525 PID: 1011723330006 That part of the following described property: All of the Southwest Quarter of the Southwest Quarter of Section 10, Township 117, Range 23; also all that part of Lot 4 in said Section 10 which lies West of the westerly line of the right-of-way of the Great Northern Railroad; also all of Lot 1 in Section 16 in said Township and Range; also all that part of Lot 1 of Section 15 in said Township and Range, which is described as follows: Commencing at the intersection of the North line of Lot 1 and the Northwesterly line of the right-of-way of the Great Northern Railway, and running thence southwesterly along said right-of-way 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West, 341.8 feet; thence South 73 degrees West 200 feet; thence South 58 degrees 30 minutes West, 99 feet more or less to the shore of the lake; thence northerly and westerly along said lake shore to the West line of Lot 1; thence North to the northwest corner thereof; thence East to the place of beginning. Excepting and excluding, however, the following described tracts of land, to wit: (1) That part of Government Lot 1, in Section 15, and Government Lot 4 and of the Southwest Quarter of the Southwest Quarter of Section 10, all in Township 117, Range 23, described as follows: Beginning at a point in the South line of Section 10 distant 919.4 feet East of the Southwest corner of said Section 10; thence East along the South line of Section 10, a distance of 128.6 feet; thence northeasterly deflecting 63 degrees 34 minutes to the left from last described line a distance of 505.1 feet; thence East parallel with the South line of said Section 10 a distance of 375 feet to the Westerly line of the right-of-way of the Great Northern Railway Company; thence southwesterly along the westerly line of said railroad right-of-way 473.6 feet to the South line of said Section; thence continuing southwesterly along the westerly line of said railroad right-of-way in Section 15, a distance of 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West, 341.8 feet; thence South 73 degrees West, 200 feet; thence South 58 degrees 30 minutes West, 99 feet, more or less to the shore of Lake Minnetonka; thence in a general northerly direction along the of said lake to the intersection of said shore line with a line drawn southerly from the point of beginning and parallel with the West line of Section 15 (which intersection point is northerly of two such intersection points); thence North along said parallel line to the point of beginning; (2) That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 117, Range 23, described as follows: Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 10; thence South along the West line of said Section 596.7 feet; thence East parallel with the North line of the Southwest Quarter of the Southwest Quarter of said Section 10 a distance of 425 feet; thence North parallel with the West line of Section 10, a distance of 596.7 feet to the North line of the Southwest Quarter of the Southwest Quarter of said Section; thence West along said North line 425 feet to the point of beginning; 75 (3) That part of the Southwest Quarter of the Southwest Quarter of Section 10 Township 117, Range 23, described as follows: Beginning at a point in the West line of the Southwest Quarter of the Southwest Quarter of said Section 10, distant 596.7 feet South of the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence East parallel with the North line of said Southwest Quarter of the Southwest Quarter a distance of 425 feet; thence South parallel with the West line of said Southwest Quarter of the Southwest Quarter, a distance of 584 feet; thence South 80 degrees 06 minutes West, 172.45 feet; thence North 82 degrees 08 minutes West, 155 feet; thence South 57 degrees 31 minutes West, 120.6 feet, more or less, to a point in the West line of said Southwest Quarter of the Southwest Quarter distant 653.4 feet South of the point of beginning; thence North along the West line of said tract 653.4 feet to the point of beginning. (For purposes of this description, the West line of the Southwest Quarter of the Southwest Quarter of said Section 10 is assumed to be a due North and South line.) Which lies easterly of the following described line: Commencing at the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence easterly along the North line of said Southwest Quarter of the Southwest Quarter a distance of 925.00 feet to the point of beginning of the line being described; thence southerly parallel with the West line of said Southwest Quarter of the Southwest Quarter a distance of 500.00 feet; thence southeasterly deflecting left 58 degrees a distance of 420.00 feet; thence southwesterly, deflecting right 88 degrees a distance of 125.00 feet; thence westerly, deflecting right 49 degrees a distance of 215.00 feet; thence southwesterly, deflecting left 35 degrees a distance of 235.00 feet; thence southerly deflecting left 19 degrees a distance of 544.66 feet; thence southerly, deflecting left 25 degrees a distance of 550.00 feet; thence southeasterly, deflecting left 45 degrees a distance of 300.00 feet, and said line there ending. 2265 North Shore Drive / PARCEL 3 / From Document No. 8300213 The land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows: All of the Southwest Quarter of the Southwest Quarter of Section 10, Township 117, Range 23; also all that part of Lot 4 in said Section 10 which lies west of the westerly line of the right-of-way of the Great Northern Railroad; also all of Lot 1 in Section 16 in said Township and Range; also all that part of Lot 1 of Section 15 in said Township and Range, which is described as follows: Commencing at the intersection of the North line of Lot 1 and the Northwesterly line of the right-of-way of the Great Northern Railway, and running thence southwesterly along said right-of-way 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West 341.8 feet; thence South 73 degrees West, 200 feet; thence South 58 degrees 30 minutes West, 99 feet more or less to the shore of the Lake; thence northerly and westerly along said lake shore to the West line of Lot 1; thence North to the northwest corner thereof; thence East to the place of beginning. Excepting and excluding, however, the following described tracts of land, to wit: (1) That part of Government Lot 1, in Section 15, and of Government Lot 4 and of the Southwest Quarter of the Southwest Quarter of Section 10, all in Township 117, Range 23, described as follows: Beginning at a point in the South line of Section 10 distant 919.4 feet East of the Southwest corner of said Section 10; thence East along the South line of Section 10, a 76 distance of 128.6 feet; thence northeasterly deflecting 63 degrees 34 minutes to the left from last described line a distance of 505.1 feet; thence East parallel with the South line of said Section 10 a distance of 375 feet to the Westerly line of the right-of-way of the Great Northern Railway Company; thence southwesterly along the westerly line of said railroad right-of-way 473.6 feet to the South line of said Section; thence continuing southwesterly along the westerly line of said railroad right-of-way in Section 15, a distance of 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West, 341.8 feet; thence South 73 degrees West, 200 feet; thence South 58 degrees 30 minutes West, 99 feet, more or less to the shore of Lake Minnetonka; thence in a general northerly direction along the of said lake to the intersection of said shore line with a line drawn southerly from the point of beginning and parallel with the West line of said Section 15 (which intersection point is northerly of two such intersection points); thence North along said parallel line to the point of beginning; (2) That part of the Southwest Quarter of the Southwest Quarter of Section 10 Township 117, Range 23, described as follows: Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 10; thence South along the West line of said Section 596.7 feet; thence East parallel with the North line of the Southwest Quarter of the Southwest Quarter of said Section 10 a distance of 425 feet; thence North parallel with the West line of Section 10, a distance of 596.7 feet to the North line of the Southwest Quarter of the Southwest Quarter of said Section; thence West along said North line 425 feet to the point of beginning; (3) That part of the Southwest Quarter of the Southwest Quarter of Section 10 Township 117, Range 23, described as follows: Beginning at a point in the West line of the Southwest Quarter of the Southwest Quarter of said Section 10, distant 596.7 feet South of the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence East parallel with the North line of said Southwest Quarter of the Southwest Quarter a distance of 425 feet; thence South parallel with the West line of said Southwest Quarter of the Southwest Quarter, a distance of 584 feet; thence South 80 degrees06 minutes West, 172.45 feet; thence North 82 degrees 08 minutes West, 155 feet; thence South 57 degrees 31 minutes West, 120.6 feet, more or less, to a point in the West line of said Southwest Quarter of the Southwest Quarter distant 653.4 feet South of the point of beginning; thence North along the West line of said tract 653.4 feet to the point of beginning. (For purposes of this description, the West line of the Southwest Quarter of the Southwest Quarter of said Section 10 is assumed to be due North and South line.) Which lies westerly of the following described line: Commencing at the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence easterly along the North line of said Southwest Quarter of the Southwest Quarter a distance of 925.00 feet to the point of beginning of the line being described; thence southerly parallel with the West line of said Southwest Quarter of the Southwest Quarter a distance of 500.00 feet; thence southeasterly deflecting left 58 degrees a distance of 420.00 feet; thence southwesterly, deflecting right 88 degrees a distance of 125.00 feet; thence westerly, deflecting right 49 degrees a distance of 215.00 feet; thence southwesterly, deflecting left 35 degrees a distance of 235.00 feet; thence southerly deflecting left 19 degrees a distance of 544.66 feet; thence southerly, deflecting left 25 degrees a distance of 550.00 feet; thence southeasterly, deflecting left 45 degrees a distance of 300.00 feet, and said line there ending. 77 Exhibit B Resolution No. 7487 LA24-000026 78 79 80 81 82 83 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 5 5.2 LA24-000026, GREGG STEINHAFEL, 2265 AND 2285 NORTH SHORE DRIVE-GRADING IUP The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the Grading IUP. The Planning Commission discussed the item and asked questions of staff and the applicant, Gregg Steinhafel, 2265 and 2285 North Shore Drive. Chair Bollis opened the public hearing at 7:02 p.m. Steve Clear, 1360 French Creek Drive, provided comments. Chair Bollis closed the public hearing at 7:06 p.m. Commissioners indicated support for the plan, noting some comments made by the City Engineer. Ressler moved, Kraemer seconded, to approve LA24-000026, 2265 AND 2285 North Shore Drive- Grading IUP as applied. VOTE: Ayes: 7, Nays 0. 5.3 LA24-000028, STEVE WHITE, 4375 BAYSIDE ROAD, PRELIMINARY PLAT The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the Preliminary Plat. The Planning Commission discussed the item and asked questions of staff and the applicant, Steve White, 4375 Bayside Road. Chair Bollis opened the public hearing at 7:14 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:14 p.m. Commissioners supported the plat plan for conforming lots. Kirchner moved, Libby seconded, to approve LA24-000028, 4375 Bayside Rd. Preliminary Plat as applied. VOTE: Ayes: 7, Nays 0. 5.4 LA24-000029, ROBEY CONSTRUCTION O/B/O STEVE STREICH, 1487 SHORELINE DRIVE, VARIANCE The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the variance. The Planning Commission discussed the item and asked questions of staff and the applicant, Bill Robey of Robey Construction. 84 Date: July 8, 2024 Item: 15 Presenter: Natalie Nye, Planner Section: Consent Agenda Title: #LA24-000028, 4375 Bayside Road, Preliminary Plat - Resolution 7488 1.Purpose: The applicant is requesting preliminary plat approval for the creation of a new lot. 2.MN§15.99 Application Deadline: The application was received on May 21, 2024 and deemed complete on June 4, 2024. The 120- Day timeline for review expires on October 2, 2024 3.Background: The applicant is the owner of two properties, 4375 Bayside Road and 4246 Bayside Road. 4375 Bayside Road is currently improved with a single-family home, whereas 4246 Bayside Road is vacant. 4375 Bayside Road is 34.14 acres and is bisected by Bayside Road. This property also has several zoning districts with the northern portion RR-1A and the southern portion split between RR-1B and LR-1A. The applicant is requesting a preliminary plat to create three buildable lots from the two current lots. The proposal is to split 4375 Bayside Road at the roadway and adjust the shared property line with 4246 Bayside Road to the east. The three lots will be conforming to the existing zoning districts standards. There are no immediate plans to construct on the newly created parcels. 4.Planning Commission Vote and Comment: The Planning Commission held a Public Hearing on June 17, 2024. The Planning Commission reviewed the application and noted that all impacted lots will be conforming to their respective zoning districts. The Planning Commission moved to approve the preliminary plat application with a vote of 7 to 0. The June 17, 2024 Planning Commission packet and meeting video can be found here. 5.Public Comment: No public comments have been received by staff. 6.Staff Recommendation: Staff recommends approval of the requested preliminary plat that will result in the creation of one new buildable lot. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7488. Exhibits Exhibit A - Draft Resolution 7488 Exhibit B - Preliminary Plat 85 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7488 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE PROPERTIES LOCATED AT 4375 AND 4246 BAYSIDE ROAD FILE NO. LA24-000028 WHEREAS, Steve White, (hereinafter the “Applicant”) has requested approval of a subdivision of the property addressed 4375 and 4246 Bayside Road within the City of Orono (hereinafter the "City") also identified as PID’s 06-117-23-12-0009 and 06-117-23-11-0003 and legally described as shown in Exhibit A: WHEREAS, on May 21, 2024, an application was filed with the City for preliminary approval of a 3-lot residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on June 17, 2024, the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on June 17, 2024 the Planning Commission reviewed the application and recommended by a vote of 7 to 0 that the City Council grant preliminary plat approval; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on July 8, 2024, and hereby makes the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File LA24-000028. 2. The Property is guided in the 2040 Orono Community Management Plan (CMP) for single family residential use, specified as Rural Residential (1 unit per 2 acres) and Rural Preserve (1 unit per 5 acres). The proposed development with single family homes is consistent with the provisions of the CMP, and is consistent with surrounding development. The Property is not located within the MUSA and will be served by septic and private water. 3. The Properties are zoned RR-1A One Family Rural Residential District (5.0 acres) north of Bayside Road. South of Bayside Road, the zoning is split between RR-1B One Family 86 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7488 Rural Residential District (2.0 acres) and LR-1A Single Family Lakeshore Residential District (2.0). 4. The proposed plat would create one new buildable lot. Lot 1, Block 2 is 21.62 acres in area and 370 feet at the OHWL. Lot 1, Block 1 is 15 acres in area and a width of 890 feet. Lot 2. Block 1 is 14.48 acres in area and a width of 660 feet. The three newly created lots are conforming to their zoning districts as it relates to area and lot width. 5. The Property to the south of Bayside Road lies within 1,000’ of Lake Minnetonka requiring conformance with the hardcover regulations of the Stormwater Quality Overlay District. The entire Property is within Hardcover Tier 1 allowing 25% impervious surface. The Properties to the north of Bayside Road are exempt from hardcover regulations. 6. No additional variances have been requested. The development of the vacant lots will be required to meet all zoning standards. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for a 3-lot subdivision per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated June 28, 2024 and attached hereto as Exhibit B, subject to the following conditions: 1) Lot Standards. Any proposed improvements must meet all setbacks requirements of the Zoning Code. 2) Septic and Private Well. The Properties are not located within the Metropolitan Urban Service Area (MUSA) and therefore will be served by private septic systems. The properties will also be served by individual private water supply wells. 3) Stormwater and Drainage Improvements. Final plat approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. Upon building permit issuance, the property owner will be required to comply with individual lot stormwater and erosion control management practices. 4) Drainage and Utility Easements. On the final plat, Drainage and Utility Easements shall be dedicated to the public 10' along all exterior property lines, and 5' either side of interior property lines, except such easements shall be increased to accommodate drainage where required, 87 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7488 subject to City staff approval. If applicable, Drainage Easements shall be granted over any stormwater facilities required by the Minnehaha Creek Watershed District; the Drainage Easements shall be shown on the Plat. 5) Development Fees. A. Park Dedication Fee. The subdivision is subject to the standard Park Dedication Fee requirement. The Park Dedication Fee is outlined in the City’s current 2024 Fee Schedule and applied to each newly created lot on a per lot basis. Park dedication fees are based on Hennepin County’s assessment of the predeveloped land value. Based on the 2024 Fee Schedule, the Park Dedication Fee will be due for Lot 1, Block 2 in the amount of $3,710.81. B. Stormwater and Drainage Trunk Fee. The development is subject to the Stormwater and Drainage Trunk Fee, as established in the 2024 Fee Schedule of $16,150.00 per new lot for a 5-acre zone. The Storm Water Drainage and Trunk Fee due at the time of Final Plat for 1 new lot will be $16,150.00. 6) City Engineer Approval. Approval of the plat is subject to recommendations of City Engineer. 7) Plans and Specifications. Plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions prior to final plat approval, to ensure that the proposed plat will accomplish the intended purposes. Final plat approval will not be granted until MCWD stormwater management plan requirements have been approved and sufficient detail is provided to meet any recommendations by the City Engineer. 8) The Preliminary Plat approval granted by this Resolution shall expire one-year from the approval date (July 8, 2025). FINAL SUBMITTALS The following list of final submittals must be submitted to the Planning & Zoning Coordinator at least four (4) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of (1) to-scale digital copy; two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County); and one (1) copy reduced to 1" = 200'. Drawing to include: 88 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7488 A. Lot lines platted per preliminary plat survey/drawing by Gronberg & Associates, Inc., dated June 28, 2024 attached hereto as Exhibit B, except as modified herein. B. Dedication of Drainage and Utility Easements 10' along exterior property lines and 5' along the interior property line, with exceptions and additions as noted herein. C. Dedication of Drainage and Utility Easements over all stormwater facilities. D. Dedication of Drainage Easements over areas shown as wetlands. E. Dedication of Drainage Easements over all drainageways. F. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. Private Driveway Easement and Maintenance Agreement. C. The Developer must provide certified copies of all recorded easements currently affecting the property. 3. Plat approval fees to be paid: Total due: $22,910.81 A. Final plat fee: $550.00 B. Park Dedication Fee: $3,710.81 C. Stormwater and Drainage Trunk Fee: $16,150.00 D. Final Plat Escrow: $2,500.00 4. This Approval shall be effective until July 8, 2025 per the provisions of Zoning Code Section 82-116. If Final Plat Approval is not granted by that date, the terms and 89 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7488 conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of July, 2024 ATTEST: _________________________________ __________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 90 LEGAL DESCRIPTION : (4375 Bayside Rd.) Per Doc. No. 7174932 That part of the West Half of the Northeast Quarter of Sec�on 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Westerly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Sec�on 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending. EXCEPT that part thereof described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West a distance of 589 feet to the centerline of the County Road which extends across said Northeast Quarter; thence Northwesterly along the centerline of said County Road to the West line of said Northeast Quarter; thence Northerly along said West line to the point of beginning. ALSO EXCEPT that part of said Northeast Quarter of Sec�on 6 described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence East along the North line of said Northeast Quarter a distance of 514 feet to actual point of beginning; thence deflec�ng right 117 degrees 30 minutes a distance of 589 feet to the centerline of County Road No. 84; thence deflec�ng le� along said centerline a distance of 180 feet; thence deflec�ng le� 81 degrees 19 seconds a distance of 662.11 feet to a point on the North line of said Sec�on 6; located 216.55 feet East of the point of beginning; thence West along said North line a distance of 216.55 feet to point of beginning. (4375 Bayside Rd.) Per Doc. No. A10219199 That part of the West half of the Northeast Quarter of Sec�on 6, Township 117 North, Range 23 West of the 5th Principal Meridian lying northerly of the centerline of Bayside Road and easterly of the following described line: Commencing at the Northwest corner of the Northeast Quarter of said Sec�on 6; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 1104.00 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.00 feet and said line there ending. Records of Hennepin County, MN. Abstract Property. Res. 7488 Ex. A 91 (4246 Bayside Rd.) Per Doc. No. 11204192 The West One-Half (W1/2) of the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of Sec�on Six (6), Township 117, Range 23, according to the United States Government Survey thereof, Hennepin County, Minnesota. 92 Res. 7488 Ex. B93 Council Exhibit B94 Date: July 8, 2024 Item: 16 Presenter: Melanie Curtis, Planner Section: Consent Agenda Title: #LA24-000033, 1448 Baldur Park Road, Variances and CUP - Resolution 7493 1.Purpose: This application contemplates variances and a conditional use permit (CUP) in order to redevelop the property with a new home. 2.MN§15.99 Application Deadline: The application was received on May 22, 2024, and considered to be complete on June 4. The 60- day review period expires on August 30, 2024. 3.Background: The applicants requested variances to construct a new 2 ½-story home. The new home is proposed to meet all of the required setbacks except the rear setback where they request a 29 foot setback where a 30-foot setback is required. Their plan also requires a variance to permit a 24.5-foot-wide driveway at the property line where a maximum width of 20 feet is allowed (plus flares). A variance to permit 31.9% hardcover where 25% is permitted and 33.1% currently exists is requested. Because of the need for the above variances, lot area and lot width variances are also required. They propose to elevate the home on fill to achieve positive drainage away from the home on the flat lot. This elevation requires establishment of a 15-foot-wide perimeter rescue bench with an elevation of at least 931.5’ around the home. The property's narrow width limits their ability to achieve the 15-foot elevation bench, therefore a CUP is also required. Please refer to the Planning Commission staff report for a full analysis and background. The applicants will resolve the building footprint/structural coverage overage with their revised building permit plans. No structural coverage variance is requested. 4.Planning Commission Vote and Comment: The Planning Commission held a public hearing on June 17th . Following the public hearing and discussion, the Commission voted 7 to 0 in favor of approving the application as follows: 1. Approval of lot width and lot area variances to redevelop the property; 2. Approval of the rear setback variance allowing a 29 foot setback where 30 feet is required; 3. Approval of a hardcover variance allowing 32% hardcover where 25% is permitted; 4. Approval of a variance allowing the 24.5 foot wide driveway (as drawn) where 20 feet is permitted; and 5. Approval of a CUP to allow deviation from the required 15-foot elevation bench as shown on the proposed site plan. The driveway width variance was supported by the Commission because they recognize the challenges with parking on Baldur Park Road, particularly with the property's proximity to the intersection with Birch Lane. Regarding the rear yard setback variance, the Commission cited the AGENDA ITEM 95 setback improvement resulting from the applicants' removal of the existing nonconforming detached garage which was situated 9 feet from the rear property line and 5 feet from the neighboring property line. 5.Public Comment: Supportive comments from the neighbors were provided after the Planning Commission packet publication. Comments are attached as Exhibit D. 6.Staff Recommendation: Staff recommends approval of the variances and CUP to construct the new home as applied, conditioned upon the applicants reducing the building footprint so the project conforms to the 20% lot coverage limitation. COUNCIL ACTION REQUESTED Council should make a motion to adopt Resolution No. 7493. Exhibits Exhibit A - Draft Resol 7493 Exhibit B - Survey and Plans Exhibit C - Draft 6/17 PC Minutes Exhibit D - Neighbor Comments 96 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7493 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL CODE SECTIONS 18-136; 78-350; and 78-1700 AND GRANTING A CONDITIONAL USE PERMIT PURSUANT WITH MUNICIPAL CODE SECTION 78-1125 FILE NO. LA24-000033 WHEREAS, on May 22, 2024, the property owners, Ryan Muhlbauer and Sarah Frakes Muhlbauer (hereinafter the “Applicants”), applied for a conditional use permit and variances from the City Code for the property addressed 1448 Baldur Park Road and legally described as: Lot 3, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, in order to redevelop the property with a new home, the Applicants have made an application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-350 to allow the following: Lot Area and Lot Width Variances to redevelop a property with 38 feet of width at the OHWL and 50.5 feet at the 75-foot structural setback from the OHWL where 100 feet is the minimum width; and A Rear Yard Setback Variance to permit a 29-foot setback from the rear/street property line where a 30-foot setback is required; and WHEREAS, the Applicants a variance from Section 78-1700 to permit 32% hardcover where 25% is normally allowed; and WHEREAS, included in their application is a request for a variance from City Code Section 18-136to allow a 24.5-foot-wide driveway (plus flares) at the property line where a maximum width of 20 feet, plus flares, is normally allowed; and WHEREAS, the Applicants have made an application to the City of Orono for a conditional use permit (hereinafter a “CUP”) pursuant to Section 78-1125 to permit a deviation from the required 15-foot perimeter elevation rescue bench to support the home elevated on fill above the floodplain. WHEREAS, on June 17, 2024, 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 97 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7493 2 WHEREAS, on June 17, 2024, the Planning Commission recommended approval of the CUP and variances as noted above; and WHEREAS, on July 8, 2024, 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 and CUP 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 above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1C One Family, Lakeshore Residential Zoning District. A3. The Property contains 0.23 acres in area and has a defined lot width of 38 feet at the OHWL and 50.5 feet at the 75-foot setback. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Applicant has applied for the following approvals: a. Lot Width Variance b. Lot Area Variance c. Hardcover Variance d. Driveway Width Variance e. Conditional Use Permit – Floodplain Rescue Bench A6. In considering this application for variances and CUP, 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 proposed variances are in harmony 98 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7493 3 with the purpose of the Ordinance. The substandard lot has difficulties in its small size and narrow width, the lack of on-street parking, and the low elevation of the Property making development difficult. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances requested to rebuild a new home on this nonconforming lot are consistent with the comprehensive plan. 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 request to allow construction of a new residence on the substandard lot is reasonable. The proposed hardcover is a reduction from the existing condition. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard lot size is an existing condition, and there is no additional land available to make the Property more conforming. The restricted roadway, low topography, lot size and shape, and location are challenges not created by the owners. It is reasonable to grant variances for the Property which is substandard regarding lot size. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested to permit the construction of a new home on the Property, which is reasonable. 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 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. 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 99 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7493 4 land is located.” This condition is not applicable, as a single-family residence is an allowed use in the LR-1C District. B7. “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. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The Property’s substandard size, location, elevation, and unique configuration create difficulties that also apply to many of the properties in the same neighborhood. The proposed setback and hardcover level are not out of character. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s substandard area and width create difficulties similar to other properties in the City. The neighboring properties have similar challenges. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The proposed size of the home will conform to the 20% building coverage limit. Reduction of the driveway footprint would result in additional pressure on the roadway for guest parking creating pressure on the neighborhood. Granting of the lot area and width, setback, and hardcover variances are necessary for the preservation of the property rights of the owners. 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.” Granting the variances for lot size, hardcover, and rear setback in this situation is not contrary to the intent of 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.” Without variances the Property is unbuildable. The variances for lot size, setback, and hardcover are necessary and do not merely serve as a convenience to the Applicants. CONDITIONAL USE PERMIT ANALYSIS: The City Council may grant a CUP based on the application and the evidence submitted, the City must find that the proposed use on the Property is or will be: C1. Consistent with the community management plan; the proposed development of the property for residential use is consistent with the community management plan. 100 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7493 5 C2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; except the currently requested variances, the project will conform to all applicable zoning requirements. C3. Adequately served by police, fire, roads, and stormwater management; in the opinion of staff, this criterion is met. C4. Provided with an adequate water supply and sewage disposal system; in the opinion of staff, this criterion is met. C5. Not expected to generate excessive demand for public services at public cost; in the opinion of staff, this criterion is met. C6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the development of the Property for residential use is compatible and consistent with the neighborhood and surrounding uses. C7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the development of the Property for residential use is compatible and consistent with the neighborhood and surrounding uses. C8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; in the opinion of staff this criterion is met. C9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; if it is determined that the request includes grading and filling within the 100-year floodplain it shall be reviewed by Minnehaha Creek Watershed District. The proposed reduction of the rescue bench will not have an adverse impact on the neighborhood. C10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The project should not result in undesirable views or sustained activity such as disturbing neighbors. 101 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7493 6 C11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The Applicants shall adhere to the City’s erosion control regulations as well as the permitting requirements of the MCWD. Timely re-vegetation and stabilization will be a requirement of the permitting process. The project should not result in a nuisance condition. C12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the Applicants shall keep debris off of the public roadways; a haul route should be provided. The noise resulting from the trucks and equipment moving the material in and around the site should be minimized to the extent possible. The project will be evaluated and monitored by the City Engineer and planning staff to minimize nuisances during the project. C13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the overall long-term effect of the project should result in minimal if any environmental impacts. C14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; this project should result in no additional non-residential lighting or glare; and C15. Not detrimental to the public health, public safety, or general welfare. The project should not be a detriment to the public health, public safety, or general welfare. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following approvals: • Lot Area and Lot Width Variances from Section 78-350, to allow redevelopment of the Property which has 38 feet of width at the OHWL and 50.5 feet at the 75-foot structural setback from the OHWL where 100 feet is the minimum required width; • A Rear Yard Setback Variance from Section 78-350, to allow the home to be set 29 feet from the rear lot line where a 30-foot setback is required; • A variance from Section 78-1700 to permit 32% hardcover where 25% is normally allowed; 102 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7493 7 • A variance from Section 18-136, to allow a 24.5-foot-wide driveway (plus flares) at the property line where a maximum width of 20 feet, plus flares, is normally allowed; and • A CUP under Section 78-1125 to permit a deviation from the required 15-foot perimeter elevation rescue bench to support the home elevated on fill above the floodplain, subject to the following conditions: D1. Council approval is based on the entire record, and the above Findings. D2. The approved project shall conform to the survey dated 06/04/2024 By Advance Surveying and Engineering and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. D3. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. D4. 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 8, 2025). D5. 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 8th day of July, 2024. CITY OF ORONO: ATTEST: _______________________________ _______________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 103 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7493 8 ______________________________ ________________________________ Ryan W. Muhlbauer, Property Owner Sarah E. Frakes Muhlbauer, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _____ day of _______________, 2024, by Ryan W. Muhlbauer, husband of Sarah E. Frakes Muhlbauer. ____________________________________ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _____ day of _______________, 2024, by Sarah E. Frakes Muhlbauer, wife of Ryan W. Muhlbauer. ____________________________________ Notary Public 104 Baldur Park RoadLake MinnnetonkaDWELLINGPROPOSED# 42379LICENSE NO.Thomas M. BloomDATES1MAY 8, 2024Phone (952) 474-7964Web: www.advsur.comAdvanceSurveying & Engineering, Co.CLIENT NAME / JOB ADDRESSSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200240565 JRDRAWING NUMBERDATE DRAFTED:DATE SURVEYED:DECEMBER 27, 2023MAY 8, 2024EXISTING HARDCOVERHouse 851 Sq. Ft.Bituminous Area 64 Sq. Ft.Garage 453 Sq. Ft.Concrete Surfaces 1,333 Sq. Ft.Pavers 726 Sq. Ft.TOTAL EXISTING HARDCOVER 3,427 Sq. Ft.AREA OF LOT TO OHW 10,355 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 33.1%LEGENDSHEET SIZE17 X 22SCALE - 1" = 20'LEGAL DESCRIPTION:Lot 3, Block 1, BALDUR PARK, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listedabove. The scope of our services does not include determining what you own,which is a legal matter. Please check the legal description with your records orconsult with competent legal counsel, if necessary, to make sure that it is correctand that any matters of record, such as easements, that you wish to be included onthe survey have been shown.2. Showing the location of observed existing improvements we deem necessary for thesurvey.3. Setting survey markers or verifying existing survey markers to establish the cornersof the property.4. This survey has been completed without the benefit of a current title commitment.There may be existing easements or other encumbrances that would be revealed bya current title commitment. Therefore, this survey does not purport to show anyeasements or encumbrances other than the ones shown hereon.5. Note that all building dimensions and building tie dimensions to the property lines,are taken from the siding and or stucco of the building.6. Showing and tabulating impervious surface coverage of the lot for your review andfor the review of such governmental agencies that may have jurisdiction over theserequirements to verify they are correctly shown before proceeding withconstruction.7. Showing elevations on the site at selected locations to give some indication of thetopography of the site. We have also provided a benchmark for your use indetermining elevations for construction on this site. The elevations shown relateonly to the benchmark provided on this survey. Use that benchmark and check atleast one other feature shown on the survey when determining other elevations foruse on this site or before beginning construction.8. While we show a proposed location for this home or addition, we are not as familiarwith your proposed plans as you, your architect, or the builder are. Review ourproposed location of the improvements and proposed yard grades carefully to verifythat they match your plans before construction begins. Also, we are not as familiarwith local codes and minimum requirements as the local building and zoningofficials in this community are. Be sure to show this survey to said officials, or anyother officials that may have jurisdiction over the proposed improvements andobtain their approvals before beginning construction or planning improvements tothe property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.RYAN MUHLBAUER1448 BALDUR PARK ROADORONO, MNDeephaven, Minnesota 5539118202 Minnetonka Boulevard, Suite 401PROPOSED HARDCOVERHouse 2,042 Sq. Ft.Driveway 768 Sq. Ft.Walk 291 Sq. Ft.Front Stoop 42 Sq. Ft.Rear Deck 186 Sq. Ft.Rear Pavers 60 Sq. Ft.Deck Credit -100 Sq. Ft.AC Pad 8 Sq. Ft.Side Stoop 15 Sq. Ft.TOTAL PROPOSED HARDCOVER 3,312 Sq. Ft.AREA OF LOT TO OHW 10,355 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 32.0%FLOODPLAIN EARTHWORK NOTE:105 REVIEW PLANThis plan is at a review stage and is NOT a permit set. Please reviewthe plan in its entirety and let DFP know if you have any changes priorto us proceeding. The plan will be placed on hold until we receiveconfirmation from you to proceed, meaning no additional work will bedone on the plan until we receive your approval to move forward.06/04/2024 1:57:31 PM106 REVIEW PLANThis plan is at a review stage and is NOT a permit set. Please reviewthe plan in its entirety and let DFP know if you have any changes priorto us proceeding. The plan will be placed on hold until we receiveconfirmation from you to proceed, meaning no additional work will bedone on the plan until we receive your approval to move forward.06/04/2024 1:57:35 PM107 REVIEW PLANThis plan is at a review stage and is NOT a permit set. Please reviewthe plan in its entirety and let DFP know if you have any changes priorto us proceeding. The plan will be placed on hold until we receiveconfirmation from you to proceed, meaning no additional work will bedone on the plan until we receive your approval to move forward.06/04/2024 1:57:35 PM108 REVIEW PLANThis plan is at a review stage and is NOT a permit set. Please reviewthe plan in its entirety and let DFP know if you have any changes priorto us proceeding. The plan will be placed on hold until we receiveconfirmation from you to proceed, meaning no additional work will bedone on the plan until we receive your approval to move forward.06/04/2024 1:57:35 PM109 REVIEW PLANThis plan is at a review stage and is NOT a permit set. Please reviewthe plan in its entirety and let DFP know if you have any changes priorto us proceeding. The plan will be placed on hold until we receiveconfirmation from you to proceed, meaning no additional work will bedone on the plan until we receive your approval to move forward.06/04/2024 1:57:35 PM110 Baldur Park RoadLake MinnnetonkaDWELLINGPROPOSED# 42379LICENSE NO.Thomas M. BloomDATES1MAY 8, 2024Phone (952) 474-7964Web: www.advsur.comAdvanceSurveying & Engineering, Co.CLIENT NAME / JOB ADDRESSSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200240565 JRDRAWING NUMBERDATE DRAFTED:DATE SURVEYED:DECEMBER 27, 2023MAY 8, 2024EXISTING HARDCOVERHouse 851 Sq. Ft.Bituminous Area 64 Sq. Ft.Garage 453 Sq. Ft.Concrete Surfaces 1,333 Sq. Ft.Pavers 726 Sq. Ft.TOTAL EXISTING HARDCOVER 3,427 Sq. Ft.AREA OF LOT TO OHW 10,355 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 33.1%LEGENDSHEET SIZE17 X 22SCALE - 1" = 20'LEGAL DESCRIPTION:Lot 3, Block 1, BALDUR PARK, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listedabove. The scope of our services does not include determining what you own,which is a legal matter. Please check the legal description with your records orconsult with competent legal counsel, if necessary, to make sure that it is correctand that any matters of record, such as easements, that you wish to be included onthe survey have been shown.2.Showing the location of observed existing improvements we deem necessary for thesurvey.3.Setting survey markers or verifying existing survey markers to establish the cornersof the property.4.This survey has been completed without the benefit of a current title commitment.There may be existing easements or other encumbrances that would be revealed bya current title commitment. Therefore, this survey does not purport to show anyeasements or encumbrances other than the ones shown hereon.5.Note that all building dimensions and building tie dimensions to the property lines,are taken from the siding and or stucco of the building.6.Showing and tabulating impervious surface coverage of the lot for your review andfor the review of such governmental agencies that may have jurisdiction over theserequirements to verify they are correctly shown before proceeding withconstruction.7.Showing elevations on the site at selected locations to give some indication of thetopography of the site. We have also provided a benchmark for your use indetermining elevations for construction on this site. The elevations shown relateonly to the benchmark provided on this survey. Use that benchmark and check atleast one other feature shown on the survey when determining other elevations foruse on this site or before beginning construction.8.While we show a proposed location for this home or addition, we are not as familiarwith your proposed plans as you, your architect, or the builder are. Review ourproposed location of the improvements and proposed yard grades carefully to verifythat they match your plans before construction begins. Also, we are not as familiarwith local codes and minimum requirements as the local building and zoningofficials in this community are. Be sure to show this survey to said officials, or anyother officials that may have jurisdiction over the proposed improvements andobtain their approvals before beginning construction or planning improvements tothe property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.RYAN MUHLBAUER1448 BALDUR PARK ROADORONO, MNDeephaven, Minnesota 5539118202 Minnetonka Boulevard, Suite 401PROPOSED HARDCOVERHouse 2,042 Sq. Ft.Driveway 768 Sq. Ft.Walk 291 Sq. Ft.Front Stoop 42 Sq. Ft.Rear Deck 186 Sq. Ft.Rear Pavers 60 Sq. Ft.Deck Credit -100 Sq. Ft.AC Pad 8 Sq. Ft.Side Stoop 15 Sq. Ft.TOTAL PROPOSED HARDCOVER 3,312 Sq. Ft.AREA OF LOT TO OHW 10,355 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 32.0%FLOODPLAIN EARTHWORK NOTE:111 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 06/04/2024 1:57:31 PM 112 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 06/04/2024 1:57:35 PM 113 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 06/04/2024 1:57:35 PM 114 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 06/04/2024 1:57:35 PM 115 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 06/04/2024 1:57:35 PM 116 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 4 of 5 Chair Bollis closed the public hearing at 8:12 p.m. Planning Commissioners said the request was minimal and would not impact lake views or average lakeshore setback or increase hardcover beyond the maximum. Libby moved, Kirchner seconded, to approve LA24-000031, 3120 North Shore Drive, Variance as applied. VOTE: Ayes: 7, Nays 0. 5.7 LA24-000032, GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE, VARIANCES The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for a sign variance for a digital display sign of the same size. The Planning Commission discussed the item and asked questions of staff and the applicant, Derek Tronsgard, lead pastor of Good Shepherd Church. Chair Bollis opened the public hearing at 8:16 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:16 p.m. Planning Commissioners indicated support for the sign variance, noting there were no nearby homeowners to be disturbed by lights from a digital sign. Erickson moved, Kirchner seconded, to approve LA24-000032, 3745 Shoreline Drive, Variances as applied. VOTE: Ayes: 7, Nays 0. 5.8 LA24-000033, BRIAN & SARAH MUHLBAUER, 1448 BALDUR PARK ROAD- VARIANCES AND CUP The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the variances and CUP for a new home on the site with a modification to the driveway entrance to the street. The Planning Commission discussed the item and asked questions of staff and the applicants, Brian and Sarah Muhlbauer, 1448 Baldur Park Road. Chair Bollis opened the public hearing at 8:33 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:33 p.m. 117 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 5 of 5 Planning Commissioners called it a well-though-out plan on a very tight lot that improves set-backs and hard cover with the wider driveway and removal of a detached garage very near the road. Planning Commissioners did not support a driveway cut-out at the road. Ressler moved, Kraemer seconded, to approve LA24-000033, 1448 Baldur Park Road – Variances and CUP as applied but limiting the structure to 20 percent. VOTE: Ayes: 7, Nays 0. 6. OTHER ITEMS Oakden updated the Commissioners noting the City Council reviewed and the items the Planning Commission had forwarded and had a work session discussion on average lakeshore setback and driveway width similar to the DNR Shoreline Management Ordinance. 7. ADJOURNMENT Schultze moved, Kirchner seconded, to adjourn the Planning Commission Meeting at 8:44 p.m. to July 15, 2024. VOTE: Ayes 7, Nays 0. ATTEST: _________________________________________ Christopher Bollis, Chair 118 Comments RE: Item 5.8 / 1448 Baldur Park Rd / #LA24-000033 On Jun 16, 2024, at 12:34 PM, todd mischke <todd.mischke@icloud.com> wrote: Hi Ryan, Please see my below letter in support of the application. I am not sure if the format is correct. Dear Orono Council, We are writing in support of application number LA24-000033. We live at 3490 Birch Lane which is adjacent to the property proposed for redevelopment at 1448 Baldur Park Road. We have reviewed the building plans and application in detail. We wholeheartedly support the property redevelopment and proposed variances. We believe the application should be approved by the council. Feel free to contact us if needed. Best Regards, Todd and LuChin Mischke 612-296-5457 119 From:Rick Rohrer To:Melanie Curtis Cc:Scott Kirchner; jonressler@outlook.com; Bob Erickson; Dennis Libby; Mark McCutcheon; Gary Kraemer; tedmschultze@gmail.com; Christopher Bollis Subject:Application #LA24-000033, Ryan Muhlbauer and Sarah Frakes Muhlbauer, 1448 Baldur Park Road Variances and CUP Date:Friday, June 14, 2024 8:57:02 PM Dear Ms. Curtis, I live a few houses away from the address affected by this application, and I am writing in support of it. As the application notes, this is a particularly challenging lot to build on, and the requested variances are really necessary for the applicants to get reasonable use and enjoyment of the property. It is clear the Muhlbauers have carefully designed their new home to be as compliant as possible and to achieve the spirit of the zoning regulations in the few cases where they cannot achieve full compliance. In many cases what they propose will be a big improvement compared to the existing home on the property in terms of hardcover, setbacks, and protection of the neighbors’ interests. The proposed new home is consistent with the character of the neighborhood. My only suggestion regards the two changes recommended by planning staff. Given the vast improvements in setbacks and hardcover, it seems petty to require the Muhlbauers to remove a small piece of their driveway and downsize the front porch. I ask the Planning Commission to consider approving the application as originally submitted without the notch out of the driveway and the downsized porch. Cordially yours, Richard J Rohrer 1424 Baldur Park Rd Orono Public Comment: Item 5.8 - 1448 Baldur Park Rd, #LA24-000033 120 Date: July 8, 2024 Item: 17 Presenter: Christine Lusian, City Clerk Section: Presentations Title: Tour de Tonka Bike Ride 1.Purpose: Tour de Tonka Director Tim Litfin will provide a summary of the 16-100 mile bike ride event upcoming on August 3 and answer any questions. https://www.minnetonkaschools.org/district/mcec/events/tour-de-tonka 2.Staff Recommendation: None AGENDA ITEM COUNCIL ACTION REQUESTED None Exhibits Presentation Letter to Orono 100 Mile Ride 65 Mile Ride 47 Mile Ride Rest Stop 121 122 123 How many riders registered for the 2023 TDT Century (100) Ride? o 375 o 518 o 665 124 MHS CS RS-Orono RS- Waconia RS-Chaska RS-Exc. 100 + 65-milers 100-milers 16-milers 30 & 36-milers 30 & 36-milers 10 43 16-mile 30-mile 36-mile 47-mile 65- mile 100-mile Ride Headquarters (952) 401-6800 *routes are subject to change Emergency – Call 911 6 6 10 100, 65 + 47-milers Excelsior 100-milers 100-milers 32 RS-Delano 30 16 27 65-milers 135 Dell Road Pioneer Trail Baker Rd. 100-milers 7:00 a.m.65 & 100-mile start at Clear Springs Elementary 7:30 a.m.16, 30, 36, 47-mile start at Minnetonka High School RS- Mound RS-Eden Prairie 65 + 47-milers Church Lake Rd. Audubon Rd. 65-milers RS- Winsted RS MME (2) 30 30 6 20 33 30 Tonka Bay Rolling Acres Rd. 47-milers 125 126 127 128 129 “I ride for the memory of my Brother, who was an avid cyclist.” “I’m a Navy Submarine Veteran; training to hopefully return to Naval service.” “Graduated in ‘62. Coming home to see many friends and family.” “Riding with my Son – the first Century for both of us! ” 130 44 States – WOW! 6 States Needed: -Idaho -Wyoming -Hawaii -Alabama -Vermont -Delaware Top Participating States Outside of MN: Wisconsin Iowa North Dakota 131 13 Counties Needed: -Kittson -Roseau -Marshall -Norman -Mahnomen -Wilkin -Traverse -Yellow Medicine -Pipestone -Rock -Redwood -Watonwan -Kanabec 132 To help protect your privacy, PowerPoint has blocked automatic download of this picture.To help protect your privacy, PowerPoint has blocked automatic download of this picture. 133 134 135 Dear Orono Resident, Saturday, August 3 will be the 19th annual Tour de Tonka Bike Ride. Tour de Tonka is a ride, not a race. The bike ride will pass by your home sometime between 7:15 and 10:00 a.m. on the morning of Saturday, August 5. You will not have riders steadily passing your home, rather they will come by either early, mid or late morning. Feel free to come curb side and wave or cheer the riders on – it is a festive day for the riders, and I would hope for you as well. Tour de Tonka raises funds for community education programs as well as for the ICA Food Shelf. For more information on Tour de Tonka, please visit: www.tourdetonka.org. Volunteers are also needed for this major event. Please call Lauren at 952-401-4157 or email lauren.riedel@minnetonkaschools.org if you would like to get involved. Thank you for your cooperation with this major community event. Sincerely, Tim Litfin Executive Director, Minnetonka Community Education 136 6 McGinty Rd RS-1 Orono 7:15 – 9:45 a.m. RS-2 Delano 8 – 10:30 a.m. RS-4 Waconia 9 a.m. – 2 p.m.RS-5 Chaska 9:30 a.m.- 3:30 p.m.Route: Cutoff Route: Mile Marker: County Road #: Start at Clear Springs Elem. on 101 Clear Springs Elem. Starting Note: 1.Be in the parking lot by 5:45 a.m. 2.Be in the bike corral by 6:30 a.m. 3.Announcements and National Anthem at 6:50 a.m. 4.The 100-mile bike rides begin at 7:00 a.m. 10 6 Finish at MHS Lake St. (Wayzata) Ferndale Rd. Dell Road 25 10 90 75 100-Mile Route Starts @ Clear Springs Elementary and Finishes @ MHS Pioneer Trail 2024 Tour de Tonka 100-Mile Route August 3 7:00 a.m. Start 100-mile Tour de Tonka ride begins at Clear Springs Elementary (CS) and ends at Minnetonka High School (MHS) Ride Headquarters – (952) 401-6800 * route is subject to change Rest Stops Orono Trinity Lutheran Church (13.5-mile mark) Delano Delano Central Park (29.3-mile mark) Winsted Winsted Baseball Field (49.2-mile mark) Waconia – Brook Peterson Park Ice Arena (76.3-mile mark) Chaska – Pioneer Park (92-mile Mark) RS-1 RS-2 RS-3 RS-4 RS-5 TDT HQ – 952-401-6800 Emergency – Call 911 185 60 Attention Riders: •TDT is NOT a race, it is a ride. Ride safe and respectfully. •Do not cross the center line. •TDT helmet stickers and wristband must be worn at all times. RS-3 Winsted 9:15 a.m. – 12:15 p.m. 30 30 6 20 33 135 32 30 50 43 Church Lake Blvd. Lake St. Extension. Williston At Cty. Rd. 6 & Cty Rd. 17/30 All 100 & 65-milers turn right and go to Delano (Actual distance due to road construction is 103) 100-mile Cutoff @ 30 miles, 10:00 am onto County Road 16. They will now ride 65 miles. 16 137 2024 Tour de Tonka 65-Mile Route Start at Clear Springs Elem. on 101 Finish at MHS 65-Mile Route Starts @ Clear Springs Elementary and Finishes @ MHS Clear Springs Starting Note: 1.Be in the parking lot by 5:45 a.m. 2.Be in the bike corral by 6:30 a.m. 3.Announcements and National Anthem at 6:50 a.m. 4.The 65 & 100-mile bike rides begin at 7:00 a.m. Attention Riders: •TDT is NOT a race, it is a ride. Ride safe and respectfully. •Do not cross the center line. •TDT helmet stickers and wristband must be worn at all times. RS-2 Delano 8 – 10:30 a.m. RS-1 Orono 7:15 – 9:45 a.m.2035 40 45 50 60 55 August 3 7:00 a.m. Start 6 6 19 Mound RS-3 8:45-12:30 p.m. Exc. Elem RS-4 10:00 a.m. – 1:30 p.m. Route: Mile Marker: County Road #: Paved Trail: Ag Lime Trail: Stop – You will have to stop as riders will be released in waves onto the Dakota Rail Trail from the Mound Rest Stop. Birch Bluff Rd. Eureka Rd. Woodland Rd. Tonkawood Rd Williston Lake St. Ext. Navarre Mtka Blvd. 30 25 27 24 15 Stop at the 15 & 110 light, cross and turn left on 110 (Commerce Blvd). 16 Paul Ave. 20 At Cty. Rd. 92 & 15 Join the 48-mile route The 65-mile ride begins at Clear Springs Elementary (CS) and ends at Minnetonka High School (MHS) *route is subject to change Rest Stops Trinity Lutheran Church - Orono (14.7 mile mark) Delano Central Park (30.6 mile mark) Bethel United Methodist Church – Mound (48.2-mile mark) Excelsior Elementary (56.7-mile mark) RS-2 RS-3 RS-4 RS-1 TDT HQ – 952-401-6800 Emergency – Call 911 N. Ferndale Rd. 138 2024 Tour de Tonka 47-Mile Route Start & Finish @ MHS 6 6 6 92 92 15 The 48-mile ride begins and ends at Minnetonka High School (MHS) Ride Headquarters – (952) 401-6800 *route is subject to change Rest Stops Trinity Lutheran Church - Orono (14.4 mile mark) Bethel United Methodist Church – Mound (30.4-mile mark) Excelsior Elementary (38.8-mile mark) RS-1 RS-2 RS-3 19 Stop – You will have to stop as riders will be released in waves onto the Dakota Rail Trail from the Mound Rest Stop. Route: Mile Marker: County Road #: Paved Trail: Ag Lime Trail: At Cty. Rd 92 & Cty. Rd 6 •48-milers turn left on 92 100-milers stay straight Minnetonka High SchoolStarting Note: 1.Be in the parking lot by 6:15 a.m. 2.Be in the bike corral by 7:00 a.m. 3.Announcements and National Anthem at 7:20 a.m. 4.The bike ride begins at 7:30 a.m. 5.The 48-milers will be released in waves. Lake Minnetonka LRT Regional Trail (ag. lime) Stop at the 15 & 110 light, cross and turn left on 110 (Commerce Blvd). 5 10 15 20 25 30 35 40 45 TDT HQ – 952-401-6800 Emergency – Call 911 Attention Riders: •TDT is NOT a race, it is a ride. Ride safe and respectfully. •Do not cross the center line. •TDT helmet stickers and wristband must be worn at all times. 7:30 a.m. Start RS-1 Orono 7:15 – 9:45 a.m. Mound RS-2 8:45-11:45 a.m. Exc. Elem RS-3 9:15 a.m. – 12 p.m. Navarre Ferndale Rd. Mtka Blvd. Lake St. Ext. Ridgewood Rd. 101 Williston Vine Hill Rd Excelsior Blvd. Woodland Rd. Tonkawood Rd. Tonka Bay 139 6 Portas Tour de Tonka 2024 Orono -Trinity Lutheran Church Rest Stop 47, 71, & 100 Mile Rides 7:15am – 9:45am 140 Date: July 8, 2024 Item: 18 Presenter: Christine Lusian, City Clerk Section: Presentations Title: Lake Minnetonka Conservation District 1.Purpose: Orono's Lake Minnetonka Conservation District representative Mr. Richie Anderson will provide an update on LMCD activities and budget. 2.Staff Recommendation: No AGENDA ITEM COUNCIL ACTION REQUESTED None 141 Date: July 8, 2024 Item: 19 Presenter: Melanie Curtis, Planner Section: Community Development Report Title: #LA24-000018, 4745 North Shore Drive, CUP - Resolution 7486 1.Purpose: To review a conditional use permit allowing construction of new retaining walls, lake access stairs supported by walls within the bluff and 75-foot setback from the OHWL 2.MN§15.99 Application Deadline: The application was submitted on March 20, 2024 and considered to be complete on June 10, 2024. The 60 day review timeline will expire on August 9, 2024. 3.Background: The applicant, Matt Jasper, is the new owner of the property. The lakeshore slope of the subject property is defined as a bluff. Mr. Jasper proposes to install a new, stone lake access stair with retaining wall-supported landings and a retaining wall, upslope from new rip-rap along the shoreline. The retaining walls, including the walls supporting the stairs, require conditional use permit approval due to their location within the bluff and 75-foot lake setback. The approvals requested to allow construction of the new 180 square foot lakeside shed have been withdrawn by the applicant. Please refer to the Planning Staff report for full details and analysis. 4.Planning Commission Vote and Comment: On June 17th, the Planning Commission reviewed the application. Following a lengthy discussion, the Commission voted 6 - 0 - 1 in favor of recommending denial as applied. Having arrived late, Commissioner Kraemer abstained from the vote. The Commission's motion including the following: Walls. Support for the proposed walls. The applicant was directed to submit additional documentation substantiating the need for all of the proposed walls; Landscaping. The Commission directed the applicant to provide a detailed landscape plan to stabilize the slope; and Shed. The variances for the proposed shed/boathouse were not supported. City Code allows one 20 square foot lock box (having a maximum height of 48 inches) and one pump house of the same dimensions within the shore setback. An administrative zoning permit is required to construct a lock box or pump house on the property. 5.Staff Recommendation: The applicant has provided a revised site plan and updated engineering information supporting the need for the walls (Exhibit B). Additionally, a revised landscape plan was provided which reflects placement of sumac on the slope and forsythia along the shore placed on top of the new wall, and AGENDA ITEM 142 is planning to install seed blankets with a no mow seed mix in the disturbed areas. The landscape plan is attached as Exhibit C. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7486 granting a conditional use permit for new retaining walls within the bluff and 75-foot lake setback. Exhibits Exhibit A - Draft Resol 7486 Exhibit B - Wall Eng + Survey_Revised Exhibit C - Landscape Plan Exhibit D - Draft 6/17 PC Minutes 143 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7486 1 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT WITH MUNICIPAL ZONING CODE SECTION 78-9116 & 78-1279 FILE NO. LA24-000018 WHEREAS, on March 20, 2024, the property owner, Matthew Michael Jasper (hereinafter the “Applicant”), applied for a conditional use permit and variances from the City Code for the property addressed 4745 North Shore Drive and legally described as: That part of Lots 1, 2, and 3, Block 6, Bergquist & Wicklund’s Park, Hennepin County, Minnesota, lying southerly of the southerly right-of-way line of County Road No. 19. Also That part of Lake Street as dedicated in the plat of Bergquist & Wicklund’s Park, Hennepin County, Minnesota, which lies between the southwesterly extensions of the northwesterly line of Lot 3, and the southeasterly line of Lot 1, Block 6, said plat (vacated per document number A10004418) (hereinafter the “Property”); WHEREAS, the Applicant made an application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow construction of a new 180 square foot shed ±5 feet from the ordinary high water level (“OHWL”); and WHEREAS, the Applicant made an application to the City of Orono for a conditional use permit (hereinafter the “CUP”) pursuant to Orono Municipal Zoning Code Sections 78-916 and 78-1279 to permit new retaining walls along the shoreline and supporting new lake access stairs; and WHEREAS, on June 17, 2024, 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 June 17, 2024, the Planning Commission voted 6 – 0 – 1 (abstention) in favor of a motion to recommend denial of the application as applied due to the following (Commissioner Kraemer abstained due to his late arrival and missed the discussion): 144 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7486 2 1. The lack of supporting information for the retaining walls along the shore and associated with the stone stairs; 2. The Applicant had not demonstrated practical difficulty supporting the variances for the shed; 3. An updated, detailed landscaping plan was required; and WHEREAS, on June 17, 2024, after receiving direction from the Planning Commission, the Applicant provided an updated survey and updated engineering, as requested; and WHEREAS, on June 24, 2024, the Applicant provided a revised landscape plan and withdrew the request for variances to construct the proposed shed; and WHEREAS, on July 8, 204, the City Council reviewed the revised 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 revised application for a CUP supporting retaining walls upslope from the rip rap and the walls supporting the proposed stone lake access stairs within the bluff and 75- foot setback from the lake as amended and 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 above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1B, One Family Lakeshore Residential Zoning District. A3. The lakeside slope on the Property is defined as a Bluff. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The Applicant proposes 14.1% total site hardcover. A5. The Applicant applied for the following: a. 75-foot setback Hardcover Variance – withdrawn; b. Variance to permit a shed within 75 feet of the OHWL - withdrawn; c. Average Lakeshore Setback Variance to permit a shed - withdrawn; d. Conditional Use Permit to allow construction of stone retaining walls to support the lake access stair and the lower slope within the bluff and 75-foot shore setback 145 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7486 3 A6. In considering this application for CUP and 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. CONDITIONAL USE PERMIT ANALYSIS: The City Council may approve a CUP for the construction of retaining walls as long as the walls are: B1. Designed to correct an established erosion problem; the applicant indicated that the new walls are necessary to provide stability at the base of the bluff just above the rip rap. They assert that the use of the wall will avoid the need to grade further inland to create stability. The Applicant has provided a landscape plan for the slope which includes deep-rooted plants and shrubs in addition to the proposed walls. This criterion has been met; and B2. Suitable given the demonstrated need; A global stability analysis by Ronald W. Vickery, PE was provided, The analysis notes a retaining wall would improve the stability of the bluff. This criterion has been met; and B3. Designed by a registered engineer or landscape architect, depending on the project scope; the Applicant has provided a revised retaining wall design from a registered engineer which matches the submitted plans. This criterion has been met; and B4. Designed to be the minimum size necessary to control the erosion problem. The engineer’s revised analysis indicated that the Applicant’s revised plan was necessary to stabilize the bluff. The wall plan has been changed/lessened from the original proposal and beneficial vegetation has been proposed to supplement new walls within the shore setback. This criterion has been met. Based on the application and the evidence submitted, the Council finds that the proposed use at the proposed location is or will be: B5. Consistent with the community management plan; the applicant has provided a landscape plan which, when matured, should offer sufficient screening of the lake access stairs and walls. This criterion is met. 146 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7486 4 B6. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; retaining walls within the lakeyard are permitted where they are deemed necessary to protect the integrity of the slope. The Applicant and the Applicant’s engineer have provided information showing that the installation of walls is the most effective and minimal necessary to achieve the desired stability. This criterion is met. B7. Adequately served by police, fire, roads, and stormwater management; the Property meets this standard. B8. Provided with an adequate water supply and sewage disposal system; the Property meets this standard. B9. Not expected to generate excessive demand for public services at public cost; the retaining wall project should not generate an excessive demand for public services at a public cost. B10. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the installation of the stone staircase and stone retaining walls will be screened from the lake by the nature of their layout and the proposed vegetation preserving the existing character of the property. This criterion is met. B11. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; installation of the set-in-grade stone staircase and supporting stone retaining walls will be screened from the lake by the nature of their layout, and the proposed vegetation preserving the character of the surrounding area. This criterion is met. B12. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; the proposed landscape plan should screen the stair system and associated retaining walls from view from the lake. Due to deferred maintenance, the current natural appearance of the property could be minimally altered by the proposed stone stair and retaining wall improvements. This criterion is met. B13. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared 147 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7486 5 to the impairment or impact of generally permitted uses; the lakeshore bluff improvements should not impact the neighboring property values or the enjoyment of the neighboring property owners. B14. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the applicant has provided a landscape plan which should provide adequate natural screening and buffering of the stone stairs and retaining wall improvements when viewed from the lake. This criterion is met. B15. Not create a nuisance that generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the proposed walls should not create a nuisance situation. B16. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the property is situated on a severe curve along a busy County roadway. The amount of traffic, proximity, and location of the driveway, and the topography pose challenges for access and construction. According to their narrative, the Applicant is proposing to deliver some of the materials to the site from North Shore Drive. The Applicant should inform Hennepin County of the project scope and timeline and obtain necessary permits. B17. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the Applicant has opted to install walls using boulder materials as a continuation of the rip-rap to be installed. They have proposed landscaping to screen the stairway and supporting walls which should be compatible with the character of the improvements within the surrounding area. This criterion is met. B18. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; the lake yard improvements should not result in any lighting or glare being cast off the Property toward the public street, the neighbors, or the lake; and B19. Not detrimental to the public health, public safety, or general welfare. This is true of the project. 148 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7486 6 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow retaining walls upslope from the rip rap and walls supporting a stone lake access stair within the bluff and 75-foot setback from the lake; subject to the following conditions: C1. Council approval is based on the entire record and, the above Findings. C2. The approved project shall conform to the survey dated 06/17/2024, engineering design also dated 06/17/2024, and landscape plans (herein collectively the “Plans”) submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B, and C. C3. Any amendments to the Plans that 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 Applicant, but are permissive only and must be exercised by obtaining a building permit for the stairway and walls and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the CUP will expire on that date (July 8, 2024). C5. The Applicant agrees to comply with all permitting requirements of all applicable jurisdictions including but not limited to Hennepin County, MCWD, and LMCD. Copies of all required permits must be provided to the City with the submittal materials for the administrative building permit for the stairs and walls. C6. The CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. C7. The undersigned Applicant is the owner of the Property and agrees to the conditions herein. 149 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7486 7 C8. 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 8th day of July, 2024. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk 150 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7486 8 ______________________________ Matthew Michael Jasper, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _____ day of _______________, 2024 by Matthew Michael Jasper, a single person. ____________________________________ Notary Public 151 Resol. No. 7486 Exhibit A LA24-000018 152 Ex A2153 Landscape Narrative The hillside at 4745 Northshore Drive has been severely neglected over the last 50 years. Numerous tress and branches have fallen with no maintenance to clean it up. Although there is a heavy foliage from surrounding trees, my landscaper Chris Hagen believes that plants will not have a problem growing in the shaded areas. First step is to clear all leaves and brush that are preventing new plants from growing so there is a soil capable of growth. As indicated on the bottom of the survey, everything highlighted in yellow will have an erosion control blanket with no mow grass (same that the city did in their easement next door) to assist in stabilization around all affected areas (stairs/retaining walls). Orange dots represent Forsythia plants, green dots represent sumac. The stairs will not be visible from the lake at all with the tree coverage so there will be no negative impact as far as view is concerned. I have shared this plan with the neighbors on both sides of me and they are extremely pleased. Resol. No. 7486 Exhibit B LA24-000018 154 155 156 June 17, 2024 Project VEC 24-055 Mr. Matt Jasper 4745 North Shore Drive Orono, MN 55364 Dear Mr. Jasper: Re: Global Stability Analysis, 4745 North Shore Drive, Orono, MN (Revision 3 Letter) As you requested, Vickery Engineering & Consulting, LLC (VEC) has prepared the Boulder Retaining Wall Plans for the referenced project. The Boulder Wall Plans and Boulder Wall Calculations were submitted under separate cover. As part of the design process, a global stability analysis of the proposed slope was performed. Attached to this letter is the results of the global stability analysis. The analysis was performed using GSlope global stability software. The soil properties for the global stability analysis were assumed, based on information provided by you. As you can see from the attached global stability analysis, the results of the analysis indicate an overall global stability factor of safety of 1.378, which is in excess of the industry standard factor of safety of 1.3. Please note, without the retaining walls, this factor of safety would be less than 1.3. Therefore, the retaining walls and the stair system are required to stabilize the slope. Engineering services provided by VEC engineers for this project have been conducted with that level of care and skill ordinarily exercised by members of profession currently practicing in Minnesota under similar time restraints and conditions. No warranty, expressed or implied, is made. Thank you for using the services provided by VEC. If you have any questions regarding this letter, please call Ron Vickery at 952-465-8272. I hereby certify that this plan, specification, or report was prepared under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Ronald W. Vickery, PE President/Principal Engineer Registration Number: 24065 June 17, 2024 Attachments: Global Stability Analysis Resol. No. 7486 Exhibit C LA24-000018 157 158 159 160 161 162 163 164 165 166 167 June 17, 2024 Project VEC 24-055 Mr. Matt Jasper 4745 North Shore Drive Orono, MN 55364 Dear Mr. Jasper: Re: Global Stability Analysis, 4745 North Shore Drive, Orono, MN (Revision 3 Letter) As you requested, Vickery Engineering & Consulting, LLC (VEC) has prepared the Boulder Retaining Wall Plans for the referenced project. The Boulder Wall Plans and Boulder Wall Calculations were submitted under separate cover. As part of the design process, a global stability analysis of the proposed slope was performed. Attached to this letter is the results of the global stability analysis. The analysis was performed using GSlope global stability software. The soil properties for the global stability analysis were assumed, based on information provided by you. As you can see from the attached global stability analysis, the results of the analysis indicate an overall global stability factor of safety of 1.378, which is in excess of the industry standard factor of safety of 1.3. Please note, without the retaining walls, this factor of safety would be less than 1.3. Therefore, the retaining walls and the stair system are required to stabilize the slope. Engineering services provided by VEC engineers for this project have been conducted with that level of care and skill ordinarily exercised by members of profession currently practicing in Minnesota under similar time restraints and conditions. No warranty, expressed or implied, is made. Thank you for using the services provided by VEC. If you have any questions regarding this letter, please call Ron Vickery at 952-465-8272. I hereby certify that this plan, specification, or report was prepared under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Ronald W. Vickery, PE President/Principal Engineer Registration Number: 24065 June 17, 2024 Attachments: Global Stability Analysis 168 9309309409409509509609604/15/2024 8:12:06 AM F = 1.378Gamma CPhiPiezo Ru pcf psfdegSurf.Boulders 145 200 50 1 0Clayey Sand 120 100 30 1 0VEC 24-0554745 North Shore Drive, Orono, MN April 15, 2024-50050100150F = 1.378169 170 171 172 173 174 175 176 177 Landscape Narrative The hillside at 4745 Northshore Drive has been severely neglected over the last 50 years. Numerous tress and branches have fallen with no maintenance to clean it up. Although there is a heavy foliage from surrounding trees, my landscaper Chris Hagen believes that plants will not have a problem growing in the shaded areas. First step is to clear all leaves and brush that are preventing new plants from growing so there is a soil capable of growth. As indicated on the bottom of the survey, everything highlighted in yellow will have an erosion control blanket with no mow grass (same that the city did in their easement next door) to assist in stabilization around all affected areas (stairs/retaining walls). Orange dots represent Forsythia plants, green dots represent sumac. The stairs will not be visible from the lake at all with the tree coverage so there will be no negative impact as far as view is concerned. I have shared this plan with the neighbors on both sides of me and they are extremely pleased. 178 179 180 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 5 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissioners Dennis Libby, Jon Ressler, Bob Erickson, Scott Kirchner, Ted Schultze and Gary Kraemer (arrived about 6:40 p.m.). Commissioner Mark McCutcheon was absent. Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA Kirchner moved, Libby seconded, to approve the Agenda. VOTE: Ayes 6, Nays 0. 4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF APRIL 15, 2024 Ressler moved, Schultze seconded, to approve the minutes of the Orono Planning Commission meeting of April 15, 2024. VOTE: Ayes 6, Nays 0. 5. PUBLIC HEARINGS 5.1 LA24-000018, MATT JASPER, 4745 NORTH SHORE DRIVE-CUP, VARIANCES The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and deny the application for the new shed and table the rest of the application for additional information. The Planning Commission discussed the item and asked questions of staff and the applicant, Matt Jasper, 4745 North Shore Drive. Chair Bollis opened the public hearing at 6:38 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:38 p.m. Several Planning Commissioners said they could see the need to move forward with the stairs and retaining wall. The proposed structure would not be in-kind because the existing structure that was torn down was never permitted and the structure that was depicted on the most recent survey was much smaller. Commissioners debated tabling the full item, denying the full application so it could move forward to City Council, or doing a split recommendation. Ressler moved, Kirchner seconded, to deny LA24-000018, 4745 North Shore Drive-Cup Variances and forward the Commission’s comments. VOTE: Ayes: 6, Nays 0, Abstain 1 (Kraemer). 181 Date: July 8, 2024 Item: 20 Presenter: Melanie Curtis, Planner Section: Community Development Report Title: #LA24-000030, 3465 6th Ave N & 3515 6th Ave N, Subdivision: Preliminary Plat - Resolution 7490 1.Purpose: This application is regarding a preliminary plat to create 6 residential lots. 2.MN§15.99 Application Deadline: This application was submitted on May 22, 2024, and considered to be complete on May 30th. The 120-day preliminary plat review period will end on September 27, 2024. 3.Background: For a full analysis and overview, please refer to the Preliminary Plat review memo attached as Exhibit D. This application involves five individual tax parcels, 3465 6th Ave N & 3515 6th Ave N, including: Lot 2, Block 1, Craddock Ledstrom Estates (PID 29-118-23-44-0004); Outlot C, Craddock Ledstrom Estates (PID 29-118-23-44-0006); and PID 29-118-23-43-0013. Two of the parcels contain existing homes. The proposal contemplates preliminary plat approval to create six, 2+ acre buildable lots and a private road. The applicant requests preliminary plat approval to create a 6-lot plat in the RR-1B district. The proposal includes the following: 1. Lot 1: 2.5 total acres; 2.3 dry, buildable acres. 2. Lot 2: 3.2 total acres; 3.26 dry, buildable acres. 3. Lot 3: A lakeshore lot with 2.75 total acres; 2.1 dry, buildable acres. 4. Lot 4: A lakeshore lot with 4.45 total acres; 2.02 dry, buildable acres. 5. Lot 5: 2.0 total acres; there is a small wetland shared with Lot 6. 6. Lot 6: 2.0 total acres; there is a very, small wetland shared with Lot 5. All of the roads will be served by a new private road with a cul-de-sac extending south from Hennepin County Road 6 (CSAH 6). All lots will be served by private wells and septic systems. 4.Planning Commission Vote and Comment: The Planning Commission held a public hearing on June 17th and received public comment. The Commission voted 7 to 0 in favor of recommending approval of the preliminary plat and provided the following comments: 1. The Developer proposes tree preservation within the Homeowners Association Covenants. The Developer intends to protect newly planted development and boulevard trees as well as AGENDA ITEM 182 areas of existing trees to remain. In response to public comment, the Commission recommended the Developer extend the tree preservation north along the eastern boundary with the neighbors' driveway. The Developer has provided a revised Tree Preservation Plan which reflects the extension of the preservation area, attached as Exhibit F. 2. In the memo, Staff noted that 13 additional trees are required. During the discussion, the Developer clarified that they intend to protect many of the higher quality existing trees which they feel will satisfy the requirement. 3. Planning Commission inquired about the proposed development signage noting the property is situated along the Open Enclosure Corridor identified in the Rural Oasis Study. The Developer has provided an updated rendering of the proposed signage, attached as Exhibit G. 5.Public Comment: Preliminary comments from Hennepin County Transportation and the DNR were received. The Minnehaha Creek Watershed District has not yet complete their review and comments will be forthcoming. The forthcoming final plans shall comply with the permitting requirements from all regulatory agencies. Public comments were received during the public hearing on June 17th . Additional written comments were submitted by the neighbors to the east, attached as Exhibit E. 6.Staff Recommendation: Staff recommends the Council grant preliminary plat approval for the proposed 6-lot subdivision as outlined within the draft resolution (attached as Exhibit A). COUNCIL ACTION REQUESTED Council should review the preliminary plat and make a motion to adopt Resolution No. 7490 approving the preliminary plat of Honey Hill on Lake Classen. Exhibits Exhibit A - Draft Preliminary Plat Resol 7490 Exhibit B - Pre Plat and Stormwater Plan Exhibit C - City Engineer Comment_2 Exhibit D - Preliminary Plat Memo Exhibit F - Honey Hill Tree Preservation Plan - revised Exhibit E - Sawyer Comment Exhibit G - Honey Hill Entry Monument Exhibit H - Draft 6/17 PC Minutes Exhibit I - Honey Hill Landscape Plan 183 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7490 1 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR THE PLAT OF HONEY HILL ON LAKE CLASSEN FILE NO. LA24-000030 WHEREAS, Aspect Design Build LLC, (hereinafter the “Developer”) has an interest in the following properties: •3465 6th Avenue North (PID 29-118-23-43-0011); •3515 6th Avenue North PID 29-118-23-43-0002); •Lot 2, Block 1, Craddock Ledstrom Estates (PID 29-118-23-44-0004); •Outlot C, Craddock Ledstrom Estates (PID 29-118-23-44-0006); and •That Part of Craddock Ledstrom Estates, Outlot A embraced within the Plat cf Rocky Knoll (PID 29-118-23-43-0013); Legally described as Attached as Exhibit A (hereinafter the “Property”); WHEREAS on May 22, 2024, the Developer applied for Preliminary Plat approval to subdivide the Property into six (6) buildable lots and a private road outlot; and WHEREAS, on June 17, 2024, 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 June 17, 2024, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on July 8, 2024, the City Council reviewed the application, the recommendations of the Planning Commission and City staff, and made the following findings: FINDINGS OF FACT: A1. This application was reviewed as Zoning File #LA24-000030. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above- mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is guided in the 2020-2024 Community Management Plan for single-family residential use, specified as Rural Residential which allows 1 unit per 2 acres. 184 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7490 2 A3. The Property is located in the RR-1B One Family Rural Residential Zoning District which requires a minimum of 2.0 acres and 200 feet of width. A4. The Property contains 17.25 acres in area. A5. The proposal would create six buildable lots; calculated at 0.34 units per acre. The proposed density is well below the comp plan density guidance of 0.5 units per acre. As proposed, the lot sizes are as follows: i. Lot 1: 2.5 total acres; 2.3 dry, buildable acres. ii. Lot 2: 3.2 total acres; 3.26 dry, buildable acres. iii. Lot 3: A lakeshore lot with 2.75 total acres; 2.1 dry, buildable acres. iv. Lot 4: A lakeshore lot with 4.45 total acres; 2.02 dry, buildable acres. v. Lot 5: 2.0 total acres; contains a small wetland shared with Lot 6. vi. Lot 6: 2.0 total acres; contains a very, small wetland shared with Lot 5. A6. The Property is not located within the MUSA and will be served by private on-site septic systems and private water supply wells. A7. The Property is within the Stormwater Quality Overlay District which restricts overall hardcover. Following Final Plat approval, the methodology outlined within City Code Section 78-1701 will be applied to assign each property to the appropriate protection tier. A8. The existing access to the Property is proposed to be upgraded and platted as a private road outlot with a cul-de-sac off of Sixth Avenue North (CSAH 6), a public street. A9. The Developer has prepared grading plans to manage stormwater on-site without negatively impacting adjacent parcels. A10. The Developer has proposed a master grading plan that includes the establishment of building pads on each of the lots to establish a new engineered grade for building height determination. A11. No variances have been requested. The development of the vacant lots will be required to meet all zoning standards. A12. As a prerequisite to Final Plat approval, the City requires a proportionate share of the land being developed to be conveyed to the City or dedicated to the public, for use as parks, playgrounds, trails, or open space. For residentially zoned land, a dedication of 0.10 acres per additional residential household being developed is required. In instances where a cash contribution is to be made by the developer, in place of a conveyance or dedication of land, 185 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7490 3 the cash contribution shall be equivalent to the fair market value of the land to be dedicated. The determination of the fair market value of the undeveloped land by the city assessor, city council, or designated appraisers shall be determined at the time of final approval. Where the anticipated park needs are greater than the number of acres to be developed, the city establishes a maximum park dedication fee. For residential density of 3 units per acre or less a cap of 4 percent of the predeveloped value is applied. The 2020-2040 Comprehensive Plan does not specify the need for a neighborhood park or trail at this location. A park dedication of land instead would be appropriate according to the City Ordinance. A13. The Developer has submitted a Conservation Design Master Plan (CDMP) prepared by Anderson Engineering which inventories and describes the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. According to the CDMP, the plan includes integrating the existing natural environment to minimize negative impacts on the current rural character. Landscaping and planting along the northern boundary of the Property will be utilized to preserve the positive and natural viewsheds identified along CSAH 6. The development will not impact the natural viewshed of Lake Classen, regardless of travel direction (east or west) along CSAH 6. The CDMP concluded that the project would not have a significant impact on natural resources, nor would it negatively impact the existing rural character of the location. CONCLUSIONS, ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants Preliminary Plat Approval to allow subdivision of the Property into 6 building lots, one private road outlot, and one outlot to be deeded to the neighbors to the east for their private driveway purposes. The preliminary plat (attached as Exhibit B) together with the stormwater grading plan will establish building pad elevations, drainage swales, and stormwater basins. Preliminary Plat approval is subject to the following conditions: B1. Approval is subject to Minnehaha Creek Watershed District (hereinafter the “MCWD”) approval and permits as required. Final Plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. B2. Approval is subject to Hennepin County approval of the proposed private road location, right-of-way dedication, and permits as required. Final Plat approval shall not be granted 186 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7490 4 until the Developer has provided evidence that all required Hennepin County permits have been obtained. B3. The Developer shall address the applicable general engineering comments and/or conditions provided by the City Engineer in a memo dated June 19, 2024, attached hereto as Exhibit C with the final development plan submittal. B4. The development shall adhere to the conditions within the Anderson Engineering Conservation Design Master Plan. B5. The erosion control plan shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. B6. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. The Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. B7. Upon evidence of resettlement history, the Developer shall cease all activity and contact the City and the Minnesota State Historic Preservation Office (SHPO) before proceeding. B8. 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. B9. Easements Required. 1. Drainage and Utility Easements shall be dedicated to the public on the final plat 10' along all exterior property lines, and 5' on either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. 2. A Drainage and Utility easement shall be dedicated to the public on the plat over stormwater pond areas, drainageways, and stormwater facilities. 3. A Drainage Easement shall be granted over wetlands and wetland buffers on the Property. B10. Development Fees: Stormwater and Drainage Trunk Fee: The property will be subject to the 2024 Stormwater and Drainage Trunk Fee of $8,060.00 per new lot. Three new lots are proposed, therefore $8,060 x 3 = $24,180.00. 187 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7490 5 B11. Park Dedication Fee: The subdivision is subject to the standard Park Dedication Fee requirement. The Park Dedication Fee is outlined in the City’s current 2024 Fee Schedule and applied to each newly created lot on a per lot basis. Park dedication fees are based on Hennepin County’s assessment of the predeveloped land value. Based on the 2024 Fee Schedule, the Park Dedication Fee will be due for 3 new lots, in the amount of $22,481.74. B12. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions before Final Plat approval, to ensure that the proposed plat will accomplish the intended purposes: 1. Final grading, drainage, and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. 2. Final Landscape Plan which shall include planting plans with tree calculations. 3. Final Stormwater Management Plan. 4. Final stormwater pollution prevention plan (SWPPP). 5. Sufficient detail to meet the recommendations of the City Engineer. B13. Council approval is based on the entire record and the above Findings. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. This approval does not limit the City from revising or amending these conditions as the review process continues. B14. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date (July 8, 2025). FINAL SUBMITTALS: The Developer shall complete all requirements for Final Plat Approval and all final submittals must be submitted to the Planning Department at least four (4) weeks before the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: C1. Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A digital copy is also required. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Advance Surveying & Engineering Co., dated May 21, 2024, attached hereto as Exhibit B, except as modified herein. 188 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7490 6 b. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5' along the interior property lines, and over the stormwater pond, ditches, and facilities. c. Dedication of “Drainage Easements” over the wetlands, wetland buffers, and drainageways. d. Name of the plat. C2. Financial Guarantee. The Development Agreement shall include a financial guarantee by the Developer to ensure the completion of site improvements. The Developer shall provide Itemized construction estimates for all development improvements. The City Engineer shall review the estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, driveways, and stormwater management facility construction, and the Developer shall provide a financial guarantee in an amount equal to 125% of the improvement costs to the City. C3. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders, or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Developer must provide certified copies of all recorded easements currently affecting the Property. c. The City Engineer shall establish the amount to be provided in the Letter of Credit. d. Signed Developers Agreement and Letter of Credit for construction of improvements. e. A Drainage and Utility Easement shall be granted over the entirety of the private road outlot. f. Access easements shall be provided over the private road outlot benefitting proposed Lots 1 through 6. No driveway access will be permitted directly onto CSAH 6. g. Signed Covenant to Protect Drainfield Sites. 189 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7490 7 C4. Plat approval fees to be paid: Total due: $47,211.74 a. Final Plat fee: $550.00. b. Park Dedication Fee: $22,481.74. c. Stormwater and Drainage Trunk Fee: $24,180.00. d. Final Plat Application Escrow: $2,500.00 C5. 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. C6. According to the provisions of City Code Section 82-116, this Preliminary Plat approval shall be effective for one year, until July 8, 2025. Failure to file a complete final plat application within this period shall be construed as a formal withdrawal of the proposed plat and the terms and conditions of this resolution shall be null and void. ADOPTED by the Orono City Council on this 8th day of July, 2024. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 190 LEGAL DESCRIPTION: Parcel 1: Lot 2, Block 1, and Outlot C, Craddock Ledstrom Estates, Hennepin County, Minnesota; And That part of the West Half of the Southeast Quarter of Section 29, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota, lying South of the South line of Lot 3, Block 1, Craddock Ledstrorn Estates, East of the West line of said Lot 3, Block 1, Craddock Ledstrom Estates, extended Southerly, and West of the East line of said Lot 3, Block 1, Craddock Ledstrom Estates, extended Southerly, Hennepin County, Minnesota. Abstract Property And Parcel 2: Lot 3, Block 1; That part of Outlot A, embraced within the plat of Rocky Knoll, Craddock Ledstrom Estates, Hennepin County, Minnesota. Torrens property. Parcel 3 (Easement): Together with an easement to be used for purposes of ingress and egress over a party driveway described in Deed filed as Document No. 3790316. AND The West 20 rods of that part of the West 1/2 of the Southeast 1/4 of Section 29, Township 118 North, Range 23, West of the Fifth Principal Meridian, Hennepin County, Minnesota, described as follows: Commencing at a point 29 rods East of center of said Section 29, Township 118, Range 23; thence at right angles South 160 rods to Section line; thence at right angles East 40 rods; thence at right angles North 160 rods to East and West line through center of said section; thence at right angles West 40 rods to point of beginning lying Southerly of the center line of County Road, EXCEPT, that part included within the circumference of a circle having a radius of 50 feet, the center of said circle being a point on the East line of said above described property distant 234 feet North of the Southeast corner of said above described property, and that part of the East 25 feet of said above described property lying Northerly of said above described circle, Hennepin County, Minnesota. ASPEGT DESIGN I BUILD 191                               6th Avenue (Henn . Co . H ighway No . 6) Lake C l a s s e n                                                   ON LAKE CLASSEN    PRELIMINARY PLAT OF HONEY HILL # 42379LICENSE NO.Thomas M. BloomDATE:DATE DRAFTED:CLIENT NAME / JOB ADDRESSSHEET TITLESHEET NUMBERSHEET 1 OF 4S1PRELIMINARYPLATMAY 21, 2024MAY, 2024Phone (952) 474-7964Web: www.advsur.comAdvanceSurveying & Engineering, Co.DRAWING ORIENTATION & SCALE240226 TBMAY 21, 2024DRAWING NUMBERDATE SURVEYED:120600SHEET SIZE22 X 34SCALE - 1" = 60'LEGENDASPECTDESIGNBUILD3465 & 35156TH AVENUENORTHORONO, MN18202 Minnetonka Boulevard, Suite 401Deephaven, Minnesota 55391LEGAL DESCRIPTION:Parcel 1:Lot 2, Block 1, and Outlot C, Craddock Ledstrom Estates, Hennepin County, Minnesota;AndThat part of the West Half of the Southeast Quarter of Section 29, Township 118 North, Range 23West of the 5th Principal Meridian, Hennepin County, Minnesota, lying South of the South line ofLot 3, Block 1, Craddock Ledstrorn Estates, East of the West line of said Lot 3, Block 1, CraddockLedstrom Estates, extended Southerly, and West of the East line of said Lot 3, Block 1, CraddockLedstrom Estates, extended Southerly, Hennepin County, Minnesota.Abstract PropertyAndParcel 2:Lot 3, Block 1;That part of Outlot A, embraced within the plat of Rocky Knoll, Craddock Ledstrom Estates,Hennepin County, Minnesota.Torrens property.ANDThe West 20 rods of that part of the West 1/2 of the Southeast 1/4 of Section 29, Township 118North, Range 23, West of the Fifth Principal Meridian, Hennepin County, Minnesota, described asfollows: Commencing at a point 29 rods East of center of said Section 29, Township 118, Range 23;thence at right angles South 160 rods to Section line; thence at right angles East 40 rods; thence atright angles North 160 rods to East and West line through center of said section; thence at rightangles West 40 rods to point of beginning lying Southerly of the center line of County Road,EXCEPT, Parcels 98A and Parcel 99 on Minnesota Department of Transportation Right of WayPlat Numbered 27-162.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. Thescope of our services does not include determining what you own, which is a legal matter.Please check the legal description with your records or consult with competent legal counsel, ifnecessary, to make sure that it is correct and that any matters of record, such as easements, thatyou wish to be included on the survey have been shown.2. Showing the location of observed existing improvements we deem necessary for the survey.3. Setting survey markers or verifying existing survey markers to establish the corners of theproperty.4. Showing elevations on the site at selected locations to give some indication of the topography ofthe site. We have also provided a benchmark for your use in determining elevations forconstruction on this site. The elevations shown relate only to the benchmark provided on thissurvey. Use that benchmark and check at least one other feature shown on the survey whendetermining other elevations for use on this site or before beginning construction.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.EXISTING INFORMATION:Owner and subdivider:Aspect Design Build422 2nd Street, Excelsior, MN 55331Area of existing property excluding Knoll Drive and up to the OHW line:751,587 Sq. Ft.17.25 AcresAddress:3515 & 3465 6th Avenue NorthOrono, MNPROPOSED INFORMATION:Hardcover designations:Lots 1, 2 5, and 6, are Tier 3, and Lots 3 and 4 are Tier 1.Lot areas of proposed lots:Lot 1- 112,724 Sq. Ft. (2.59 Acres)Lot 1 Dry - 104,478 Sq. Ft. (2.40 Acres)Lot 2 - 132,048 Sq. Ft. (3.03 Acres)Lot 3 - 124,371 Sq. Ft. (2.86 Acres to OHW line)Lot 3 Dry - 87,425 Sq. Ft. (2.00 Acres)Lot 4 - 193,925 Sq. Ft. (4.45 Acres to OHW line)Lot 4 Dry - 87,105 Sq. Ft. (2.00 Acres)Lot 5 - 87,191 Sq. Ft. (2.00 Acres)Lot 6 - 87,281 Sq. Ft. (2.00 Acres)Lot 1Lot 2Lot 3Lot 4Lot 5Lot 6441.041.04065.75ft0600000000000060606006060000000Resol. No. 7490 Exhibit B LA24-000030 192 H:\ORNO\_Surface Water Management\MS4 Administration\MCM-5\2_Site Plan Reviews\Honey Hill\Honey Hill_PrePlatReview_2_2024-06-19.docx June 19, 2024 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application Honey Hill Engineering Review #2 Dear Adam: As requested, I have completed an engineering review of the Stormwater Management Plan and Master Grading Plan submitted for the above referenced project. Following are my comments for your consideration: 1. The applicant is proposing four infiltration basins to meet stormwater runoff management requirements. The following should be considered regarding the proposed system: a. Proposed infiltration basins provide 1.2’ depth for Basin 1, 1.5’ for Basins 2 and 3, and 3.0’ for Basin 4. The NPDES permit requires a drawdown of surface water within 48 hours for infiltration basins. Based on site soils, a maximum depth of 0.8’ is allowable to meet this requirement. Basins must be revised to provide the maximum allowable depth accordingly or the design should be revised to include draintile and be considered filtration. b. A minimum 8’ wide access bench must be provided around all basins to allow for future maintenance. c. A minimum 1’ separation should be provided between the surface overflows and top of adjacent berms. d. Proposed basins should be installed with street construction to ensure they are constructed as intended. e. Proposed basins should be vegetated with a native stormwater seed mix. 2. Consideration should be given to installing RCP for the 12” culvert proposed at approximately station 3+11 in lieu of CMP to provide a longer lifecycle material. If you have any questions or comments, please contact me to discuss. Sincerely, Bolton & Menk, Inc. Robert E. Bean, Jr., P.E. Senior Water Resources Project Manager 193 Pa r c e l 1 Parcel 2 6th Avenue (Henn. Co. Highway No. 6)Lake C l a s s e n Lo t 4 Lo t 5 8 7 , 1 9 1 S q . F t . ( 2 . 0 0 A c r e s ) Lo t 6 8 7 , 2 8 1 S q . F t . ( 2 . 0 0 A c r e s ) Lo t 3 Lot 1109,059 S q . F t . ( 2 . 5 0 A c r e s ) Lot 2143,663 Sq. Ft. (3.30 Acres)Dry 100, 2 5 5 S q . F t . ( 2 . 3 0 A c r e s ) 120 , 197 S q . F t . (2 .75 A c r e s t o O HW L i n e)Dr y 9 1 ,637 Sq . F t . (2 . 10 A c r e s) 1 9 3 , 5 8 5 S q . F t . ( 4 . 4 5 A c r e s t o O H W L i n e ) D r y 8 8 , 1 9 7 S q . F t . ( 2 . 0 2 A c r e s )ON LAKE CLASSENDry 142,147 Sq. Ft. (3.26 Acr e s )PRELIMINARY PLAT OF HONEY HILL Outlot A # 42379LICENSE NO.Thomas M. BloomDATE:DATE DRAFTED:CLIENT NAME / JOB ADDRESSSHEET TITLESHEET NUMBERSHEET 1 OF 4S1PRELIMINARYPLATMAY 21, 2024MAY, 2024Phone (952) 474-7964Web: www.advsur.comAdvanceSurveying & Engineering, Co.DRAWING ORIENTATION & SCALE240226 TBMAY 21, 2024DRAWING NUMBERDATE SURVEYED:120600SHEET SIZE22 X 34SCALE - 1" = 60'LEGENDASPECTDESIGNBUILD3465 & 35156TH AVENUENORTHORONO, MN18202 Minnetonka Boulevard, Suite 401Deephaven, Minnesota 55391LEGAL DESCRIPTION:Parcel 1:Lot 2, Block 1, and Outlot C, Craddock Ledstrom Estates, Hennepin County, Minnesota;AndThat part of the West Half of the Southeast Quarter of Section 29, Township 118 North, Range 23West of the 5th Principal Meridian, Hennepin County, Minnesota, lying South of the South line ofLot 3, Block 1, Craddock Ledstrorn Estates, East of the West line of said Lot 3, Block 1, CraddockLedstrom Estates, extended Southerly, and West of the East line of said Lot 3, Block 1, CraddockLedstrom Estates, extended Southerly, Hennepin County, Minnesota.Abstract PropertyAndParcel 2:Lot 3, Block 1;That part of Outlot A, embraced within the plat of Rocky Knoll, Craddock Ledstrom Estates,Hennepin County, Minnesota.Torrens property.ANDThe West 20 rods of that part of the West 1/2 of the Southeast 1/4 of Section 29, Township 118North, Range 23, West of the Fifth Principal Meridian, Hennepin County, Minnesota, described asfollows: Commencing at a point 29 rods East of center of said Section 29, Township 118, Range 23;thence at right angles South 160 rods to Section line; thence at right angles East 40 rods; thence atright angles North 160 rods to East and West line through center of said section; thence at rightangles West 40 rods to point of beginning lying Southerly of the center line of County Road,EXCEPT, Parcels 98A and Parcel 99 on Minnesota Department of Transportation Right of WayPlat Numbered 27-162.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above. Thescope of our services does not include determining what you own, which is a legal matter.Please check the legal description with your records or consult with competent legal counsel, ifnecessary, to make sure that it is correct and that any matters of record, such as easements, thatyou wish to be included on the survey have been shown.2.Showing the location of observed existing improvements we deem necessary for the survey.3.Setting survey markers or verifying existing survey markers to establish the corners of theproperty.4.Showing elevations on the site at selected locations to give some indication of the topography ofthe site. We have also provided a benchmark for your use in determining elevations forconstruction on this site. The elevations shown relate only to the benchmark provided on thissurvey. Use that benchmark and check at least one other feature shown on the survey whendetermining other elevations for use on this site or before beginning construction.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.EXISTING INFORMATION:Owner and subdivider:Aspect Design Build422 2nd Street, Excelsior, MN 55331Area of existing property excluding Knoll Drive and up to the OHW line:751,587 Sq. Ft.17.25 AcresAddress:3515 & 3465 6th Avenue NorthOrono, MNPROPOSED INFORMATION:Hardcover designations:Lots 1, 2 5, and 6, are Tier 3, and Lots 3 and 4 are Tier 1.Lot areas of proposed lots:Lot 1- 112,724 Sq. Ft. (2.59 Acres)Lot 1 Dry - 104,478 Sq. Ft. (2.40 Acres)Lot 2 - 132,048 Sq. Ft. (3.03 Acres)Lot 3 - 124,371 Sq. Ft. (2.86 Acres to OHW line)Lot 3 Dry - 87,425 Sq. Ft. (2.00 Acres)Lot 4 - 193,925 Sq. Ft. (4.45 Acres to OHW line)Lot 4 Dry - 87,105 Sq. Ft. (2.00 Acres)Lot 5 - 87,191 Sq. Ft. (2.00 Acres)Lot 6 - 87,281 Sq. Ft. (2.00 Acres)194 984 982980 980 978 976 974988992 990 994 996 998 998996994992 99 8 99 6 9 9 4 992 990 988 9 8 6 9 8 4 9 8 2 9809969949 9 2 1000 998 996 994 99 2 992990994990 988 988 986 9849789 8 0 9 8 2 9 9 2 990988 98 6988986 984986988 9 8 2 9809 8 2 980 25.00 25.00 25.009 9 0 986 74.07 75.00 71.00 72.89 25.00 PLOTTED:COMM. NO. DRAWING NO. ----XXXXX MASTER GRADING PLAN 1 3 6 0 5 1 s t A v e n u e N . #1 0 0 P l y m o u t h , M N 5 5 4 4 1 | a e -m n .c o m P 7 6 3 .4 1 2 .4 0 0 0 | F 7 6 3 .4 1 2 .4 0 9 0 A n d e r s o n E n g i n e e r i n g o f M i n n e s o t a , L L C DRAWING TITLE CHECKED BY:DRAWN:DESIGNED: XXXXXXXXX DATE REVISION LOG DESCRIPTION OF REVISIONSNO.DATE HONEY HILL ON LAKE CLASSEN 3465-3515 6TH AVE N. ORONO, MN 55356 ASPECT DESIGN BUILD PROJECT PHASE STORMWATER TREATMENT AREA LOT 4 FFE: 1002' GFE: 1000' B: 992' LOT 5 FFE: 997' GFE: 995' B: 987' LOT 6 GFE: 994' FFE: 997' B: 987' WETLAND BUFFER N 0 60'120' WETLAND DELINEATION LOT 3 FFE: 1000' GFE: 998' B: 990' LOT 2 FFE: 1002' GFE: 1000' B: 992' LOT 1 FFE: 994' GFE: 992' B: 984' ADU SLAB: 984' ADU SLAB: 986.7' EX. BLDG TO REMAIN WETLAND 1 WETLAND 2 WETLAND 4-1 WETLAND 3 BASIN 2 BASIN 3 BASIN 4 987 990 PROPOSED MINOR CONT. PROPOSED MAJOR CONT. BASIN 1 BASIN 1 - 100YR HWL: 981.72, EOF: 981.20 BASIN 2 - 100YR HWL: 981.94, EOF: 981.50 BASIN 3 - 100YR HWL: 981.99, EOF: 981.50 BASIN 4 - 100YR HWL: 983.94, EOF: 984.70 EXHIBIT C 195 H:\ORNO\_Surface Water Management\MS4 Administration\MCM-5\2_Site Plan Reviews\Honey Hill\Honey Hill_PrePlatReview_2_2024-06-19.docx June 19, 2024 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application Honey Hill Engineering Review #2 Dear Adam: As requested, I have completed an engineering review of the Stormwater Management Plan and Master Grading Plan submitted for the above referenced project. Following are my comments for your consideration: 1. The applicant is proposing four infiltration basins to meet stormwater runoff management requirements. The following should be considered regarding the proposed system: a. Proposed infiltration basins provide 1.2’ depth for Basin 1, 1.5’ for Basins 2 and 3, and 3.0’ for Basin 4. The NPDES permit requires a drawdown of surface water within 48 hours for infiltration basins. Based on site soils, a maximum depth of 0.8’ is allowable to meet this requirement. Basins must be revised to provide the maximum allowable depth accordingly or the design should be revised to include draintile and be considered filtration. b. A minimum 8’ wide access bench must be provided around all basins to allow for future maintenance. c. A minimum 1’ separation should be provided between the surface overflows and top of adjacent berms. d. Proposed basins should be installed with street construction to ensure they are constructed as intended. e. Proposed basins should be vegetated with a native stormwater seed mix. 2. Consideration should be given to installing RCP for the 12” culvert proposed at approximately station 3+11 in lieu of CMP to provide a longer lifecycle material. If you have any questions or comments, please contact me to discuss. Sincerely, Bolton & Menk, Inc. Robert E. Bean, Jr., P.E. Senior Water Resources Project Manager 196 Date Application Received: 05/22/2024 Date Application Considered as Complete: 05/30/2024 120-Day Review Period Expires: 09/27/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 17 June 2024 Subject: #LA24-000030, Aspect Design Build LLC (Developer), 3465 & 3515 6th Avenue N, including PIDs 29-118-23-43-0013, 29-118-23-44-0004 & 29-118-23-44-0006 Subdivision: Preliminary Plat Public Hearing PRELIMINARY PLAT REVIEW Conformity with 2020 – 2040 Orono Community Management Plan The 2020 - 2040 Comprehensive Plan guides the properties for Rural Residential which allows 1 unit per 2 acres. The site is 17.25 acres in area ending at the OHWL of Lake Classen. The plat includes an outlot for a new road and a portion of land to be added to the neighboring property to the east. The proposal would create six buildable lots. This would be calculated at 0.34 units per acre, well below the density guide from the comprehensive plan of 0.5 units per acre. Conformity with Zoning District Standards The properties are currently zoned RR-1B One Family Rural Residential (2.0 acre). All of the newly created parcels conform to the current RR-1B zoning district as it relates to size and width. The existing structures will be removed (except the outbuilding on Lot 2 which will remain). New buildings constructed must meet the required zoning district standards as no variances have been requested. The properties are outside of the MUSA and will be served by private septic systems. Relationship to Surrounding Development The proposed 6-lot single-family development with 2-plus acre lot sizes is relatively isolated and is bookended by two 3 to 4+ acre residential properties on the east and the west. The 20+ acre Susan B. Lurton Off-Leash Dog Park (City of Orono) abuts the property on the south and Baker Park (Three Rivers Park District) is across CSAH 6 to the north. The development will be consistent with its residential neighbors. Application Summary: This application involves five individual tax parcels, 2 containing existing homes, and contemplates preliminary plat approval to create six, 2+ acre buildable lots and a private road. applicant requests preliminary plat approval to create a 6-lot plat in the RR-1B district. The following is proposed: 1. Lot 1: 2.5 total acres; 2.3 dry, buildable acres. 2. Lot 2: 3.2 total acres; 3.26 dry, buildable acres. 3. Lot 3: A lakeshore lot with 2.75 total acres; 2.1 dry, buildable acres. 4. Lot 4: A lakeshore lot with 4.45 total acres; 2.02 dry, buildable acres. 5. Lot 5: 2.0 total acres; there is a small wetland shared with Lot 6.* 6. Lot 6: 2.0 total acres; there is a very, small wetland shared with Lot 5.* All of the roads will be served by a new, private road with a cul-de-sac extending south from Hennepin County Road 6 (CSAH 6). All lots will be served by private wells and septic systems. *The wetland square footage is not called out for Lots 5 and 6. The dry buildable acreage should be confirmed. Staff Recommendation: Planning Department Staff recommends approval. The Planning Commission should review all of the issues identified within the report and provide direction to the Developer. 197 FILE #LA24-000030 17 June 2024 Page 2 of 5 General Site Characteristics The site to be platted as “Honey Hill on Lake Classen” currently contains two developed residential homes with outbuildings, open meadow or pasture areas, wetlands, and some wooded areas along the south portions of the property. The property also abuts Lake Classen which is classified by the DNR as a Natural Environment Lake and requires a 150-foot structure and building setback from the OHWL. A wetland delineation has been completed and the wetlands have been depicted on the preliminary plat drawing with the Minnehaha Creek Watershed District- required buffers (“MCWD”). The City has received a copy of the delineation; the MCWD currently has the delineation under review. Road Layout and Standards A 50-foot wide outlot containing a 24-foot wide paved, private road ending in a cul-de-sac is proposed to serve the development. The road extends for 650 feet accessing south of CSAH 6. A split entrance is proposed to create a landscaping island for the development identification sign, 55 feet from the paved county road. The paved width has been increased to 30 feet in this area, and a 6’ x 48’ pavement opening is provided to accommodate the sign and any landscaping. Rural Oasis + Conservation Design + Wetlands The Developer’s engineer, Anderson Engineering prepared a Conservation Design Master Plan (CDMP) for the development following the Conservation Design requirements outlined within Chapter 78, Article XII (beginning with Section. 78-1631). The Honey Hill CDMP reviewed the development against the City’s Rural Oasis Study, and provided an overview of the property relating to Drainage, Land Use, Natural Resources Inventory, Public Waters Inventory, and Wetlands. The property is directly adjacent to CSAH 6, a corridor identified in Orono’s Rural Oasis Study (R.O.S) The Study identifies the corridor along CSAH 6 from Brown Road to Highway 12, as an Open Enclosure Corridor. The R.O.S defines Open Enclosure Corridors as having “Long views beyond the right of way, and no real sense of corridor enclosure.” Positive views of the natural landscape extending from Open Enclosure Corridors are tied to the rural feel of the area. The CDMP determined that novel “non-rural” land uses such as new residential or industrial structures, can threaten the rural character of the open corridors identified in the study. The study identified potential solutions to these threats through ecological and conservation design measures such as berming, landscaping, and planting techniques that preserve the rural character of the area. According to the CDMP report, the plan for the site includes integrating the existing natural environment in a way that will minimize negative impacts on the current rural character as described in the Rural Oasis Study. Landscaping and planting along the northern boundary of the property will be utilized to preserve the positive and natural viewsheds identified along CSAH 6. The development will not impact the natural viewshed of Lake Classen, regardless of travel direction (east or west) along CSAH 6. The Honey Hill CDMP concluded that the project would not have a significant impact on these resources, nor would it negatively impact the rural character of the City of Orono. This CDMP determination was made considering the following factors: 1. The inventoried natural resources and ecologic communities primarily occur on the periphery of the site 2. Site development plans are focused on areas of the site that have already been impacted by human development, thus the risk of impacting the remaining resources and ecological communities is minimized. 3. The site development plans maintain the rural character of the City of Orono through the necessary site design plans, as described in the Rural Oasis Study. 4. The site development plans follow the City of Orono’s Shoreland Overlay District building setback standards and Minnehaha Creek Watershed District wetland buffer standards. 198 FILE #LA24-000030 17 June 2024 Page 3 of 5 Lot Layout + Lot Standards – RR-1B, Rural Residential The RR-1B district has a minimum lot area requirement of 2.0 dry, contiguous acres and 200 feet in width. For non- lakeshore lots, the width is measured at the 50-foot front building setback along the roadway. For lakeshore lots, the minimum 200-foot width must be met when measured in a straight line between the points at which the side lot lines intersect the 974.5’ OHWL contour for Lake Classen, and at the required 150-foot structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the 150-foot structure setback line. Lot 1: Proposed Lot 1 will have 2.5 total acres; 2.3 acres is upland. This lot will have almost 400 feet of frontage on the new private road and ±320 feet of frontage on Cty Rd 6. There are two wetland areas on the property. An approximately 1.0 acre building envelope is proposed. A stormwater basin is proposed on the east side of the larger wetland on the property with a culvert maintaining the existing connection to the wetland straddling Lots 5 and 6. A building pad is proposed to be created for a home with a first-floor elevation of 994’, in addition to a potential building pad for an ADU (984’). A second driveway access for the ADU is proposed. Lot 2: Lot 2 is shown with 3.2 total acres; and 3.26 dry, buildable acres. The property has a total width of 235 feet on the road; 94 feet are cul-de-sac. 268 feet of the continued front property line abuts Lot 3. The eastern property line continues for 268 feet south of the cul-de-sac. The existing accessory building is proposed to remain on the property. This lot shares a wetland with Lot 1 and has a small wetland shared with Lurton Park on the south. This lot will have approximately 1.7 acres of building envelope; a building pad for a home with a 1002’ first-floor elevation is shown to be graded by the developer. A stormwater basin is shown on the northwest corner of the property near the wetland. Lot 3: Lot 3 is a proposed lakeshore lot with 2.75 total acres; and 2.1 dry, buildable acres. There is an approximate 1.0 acre building envelope. The connection to the cul-de-sac is over a 40-foot-wide driveway corridor. Lot 3 contains a large, wetland shared with Lot 4 which separates the majority of the lot from the lake. The width of the lot is 240 feet measured at the OHWL and 230 feet measured diagonally at the 150-foot setback. The developer is proposing a building pad for a home with a first-floor elevation of 1000’; a small stormwater basin to the west of the 75-foot wetland buffer (from the large wetland) is also proposed. Lot 4: A lakeshore lot with 4.45 total acres; 2.02 dry, buildable acres. This lot has 313 feet in width measured at the OHWL, and 318 feet at the 150-foot setback. This lot has a total of 174 feet of frontage on the development road, partially on the cul-de-sac. As with Lot 3, this lot contains a large, wetland that separates the majority of the lot from the lake. Lot 4 contains the larger portion of this wetland. A building pad is proposed for a first-floor elevation of 1002’. A common drainage swale is proposed on the shared boundary with Lot 3. Lot 5: Lot 5 is 300+ feet wide on the road, and has 2.0 total acres; no wetlands. A building pad with a first-floor elevation of 997’ is shown in addition to a potential building pad for an ADU (986.7’). A second driveway access for the ADU is shown. Lot 6: Lot 6 has a nearly 1.0-acre building envelope, 258 feet along the new private road, and 296 feet on Sixth Avenue. The rear of the lot abuts the driveway to the neighboring property to the east at 3405 Sixth Avenue North. The developer’s plan reflects the creation of Outlot B, which is the eastern 20 feet of the existing outlot containing the driveway to 3405 Sixth Avenue N. Outlot B is not included in the area for Lot 6 which has 2.0 total acres. A building pad for a home with a first-floor elevation of 997’ is shown to be created. 199 FILE #LA24-000030 17 June 2024 Page 4 of 5 Landscaping + Tree Preservation A landscape plan has been provided. City Code Section 82-225(b) stipulates deciduous trees (“boulevard trees”) are to be planted within five feet of the right-of-way of the roads within and abutting the subdivision. One tree shall be planted for every 40 feet of frontage along each road. The proposed landscape plan reflects 31 deciduous trees (including golden weeping willow, honey locust, spring snow crab, and Swedish columnar aspen), and four Eastern white pine in addition to various grasses, perennials, and shrubs – both evergreen and deciduous. The landscape plan is attached as Exhibit K. There are approximately 1,920 linear feet of road frontage requiring 48 trees. According to the schedule, 13 more trees should be provided to conform. The Developer is proposing to create tree preservation areas (Exhibit L). Tree preservation is proposed at the entrance corners and along the first 15-20 feet of the CSAH 6 frontage of Lots 1 and 6, and on the first 10 to 18 feet of the private property abutting the private road on Lots 1, 2, 5, and 6. A 35-foot by 155-foot tree preservation area is proposed on the east side of Lot 5 to protect trees planted by the owners of 3405 Sixth Avenue North by an informal agreement with the previous property owners. The tree preservation language is included in the Developer’s draft HOA Declaration (Exhibit O). Stormwater Drainage Trunk Fee + Stormwater Drainage Improvements Stormwater facilities will be required. The Developer has completed a stormwater and grading plan which is currently under review by the City Engineer and the MCWD. Their plan reflects grading and stormwater basins to address stormwater resulting from the new hardcover of the development. The plan has not been finalized but it is not likely that amendments to the plan will require adjustments to the proposed property boundaries or orientations. The final, approved stormwater and grading plan will be required as part of the final plat application submittals. Park/Trail Easement + Park Fees or Dedication The Parks, Open Space, and Trail Plan chapter of the Orono Comprehensive Plan does not specify the need for a neighborhood park at this location. Three River’s Baker Park is a regional park located to the north of the property. The City of Orono has Lurton Dog Park to the south abutting the proposed development. As there is no defined need for park land at this location, it would appear that the dedication of actual land for park purposes is not required. Absent the need for park land dedication, a Park Dedication Fee instead of land would be appropriate according to the City Ordinance. Park Dedication: The proposed application is anticipated to pay a park dedication fee in lieu of providing land for the newly created lots. The Park Dedication Fee is determined by the fair market value of the land being subdivided. The Hennepin County Assessor will be consulted to determine the market value of the land to establish the amount of the fee. Issues for Discussion 1. Does the Planning Commission agree with the Developer’s findings in the Conservation Design Master Plan? If not, what is lacking? 2. Does the Commission find the proposed plan preserves the existing rural “Open Enclosure” character along the CSAH 6 corridor? 3. The City’s landscaping requirements call for 13 additional boulevard trees. The Commission should ask for addition testimony from the application regarding the tree and landscaping plan. Are existing trees to remain accounted for in the plan? Does the Developer’s plan provide the desired natural aesthetic? Staff Recommendation Staff recommends approval for the proposed 6-lot subdivision with the following conditions before consideration by the City Council: 200 FILE #LA24-000030 17 June 2024 Page 5 of 5 1. MCWD approval of the wetland delineation and stormwater plans 2. Updated Septic Design 3. Updated Landscaping and tree plan 201 Pa r c e l 1 Parcel 2 6th Avenue (Henn. Co. Highway No. 6)Lake C l a s s e n Lo t 4 Lo t 5 8 7 , 1 9 1 S q . F t . ( 2 . 0 0 A c r e s ) Lo t 6 Lo t 3 Lot 1109,059 S q . F t . ( 2 . 5 0 A c r e s ) Lot 2143,663 Sq. Ft. (3.30 Acres)Dry 100 , 2 5 5 S q . F t . ( 2 . 3 0 A c r e s ) 120 , 197 S q . F t . (2 .75 A c r e s t o O HW L i n e)Dr y 9 1 ,637 Sq . F t . (2 . 10 A c r e s) 1 9 3 , 5 8 5 S q . F t . ( 4 . 4 5 A c r e s t o O H W L i n e ) D r y 8 8 , 1 9 7 S q . F t . ( 2 . 0 2 A c r e s )ON LAKE CLASSENTREE PRESERVATION PLANDry 142,147 Sq. Ft. (3.26 Acr e s )PRELIMINARY PLAT OF HONEY HILL Outlot A # 42379LICENSE NO.Thomas M. BloomDATE:DATE DRAFTED:CLIENT NAME / JOB ADDRESSSHEET TITLESHEET NUMBERSHEET 2 OF 4S2TREEPRESERVATIONPLANMAY 21, 2024MAY, 2024Phone (952) 474-7964Web: www.advsur.comAdvanceSurveying & Engineering, Co.DRAWING ORIENTATION & SCALE240226 TBMAY 21, 2024DRAWING NUMBERDATE SURVEYED:120600SHEET SIZE22 X 34SCALE - 1" = 60'LEGENDASPECTDESIGNBUILD3465 & 35156TH AVENUENORTHORONO, MN18202 Minnetonka Boulevard, Suite 401Deephaven, Minnesota 55391SCOPE OF WORK & LIMITATIONS:1. Showing existing tree locations per a filesupplied to us from TREEBIZ. All existing treeinformation as shown is from TREEBIZ. Notrees were field located by us and the tree tablewas supplied to us from our client.revised202 203 H o n e y H I l l o n L a k e C l a s s e n N e I g h b o r h o o d E n t r y M o n u m e n t PREPARED BY: Shaun Winkler 612.816.3969 Aspect Design Build 422 2nd St Excelsior MN 55331 aspectdesignbuild.com honeyhillcustomhomes.com -Concrete footing curb -Stone curb -Veneer stone façade - TBD -Limestone cap - TBD -Brown bark mulch -Planting mix soil -Annual yellow flowers - TBD -(2) Dwarf trees - TBD -Native pollinator wildflowers DATE:REVISION: 06.30.2024 Original SHEET TITLE: Neighborhood Entry Monument SPECIFICATIONS 204 Minutes Planning Commission Regular Meeting Monday, June 17, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 5 Chair Bollis opened the public hearing at 7:17 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:17 p.m. Planning Commissioners noted the change of entry gable was minor and minimally affected the appearance of the hone and did not affect the view for any other property. The only reason a variance is needed is that a portion of the house is within the 75-foot setback, Ressler moved, Kraemer seconded, to approve LA24-000029, 1487 Shoreline Drive, Variance as applied. VOTE: Ayes: 7, Nays 0. 5.5 LA24-000030, ASPECT DESIGN BUILD LLC., 3465 & 3515 6TH AVENUE N,+PIDS29-118- 23-43-0013,29-118-23-44-0004 & 29-118-23-44-0006-PRELIMINARYPLAT The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the Preliminary Plat. The Planning Commission discussed the item and asked questions of staff and the applicants, Shaun Winkler and Tom Preissing of Aspect Design Build, Excelsior. Chair Bollis opened the public hearing at 7:40 p.m. Tom and Nancy Sawyer, 3405 County Road 6, provided comments. Chair Bollis closed the public hearing at 7:47 p.m. Planning Commissioners discussed tree preservation on the property including an area where trees have been planted by a neighbor, as well as entrance signage. Ressler moved, Libby seconded, to approve LA24-000030, 3465 & 3515 6th Avenue N. Preliminary Plat as applied with the addition of the 13 required trees as well as all other requirements and extending the tree preservation area north along the gravel drive. VOTE: Ayes: 7, Nays 0. 5.6 LA24-000031, PETER ESKUCHE, 3120 NORTH SHORE DRIVE, VARIANCE The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for the variance to increase the deck size. The Planning Commission discussed the item and asked questions of staff and the applicant, Rick Born, 3120 North Shore Drive. 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Willow Remove #27 Willow Remove #15 Aspen Remove #63 Crab Existing Willow Keep Existing Willow Keep Existing Spruce Keep Existing Spruce Keep Existing Pine Keep Existing Walnut Keep Existing Crab Keep Existing Crab Keep Existing Crab Keep (5) Existing Ash Keep Center Island - north half coco brown mulch around signage -south half bee friendly native wildflower seed mix Private Drive Side Area -Bee friendly native wildflower seed mix Private Drive Side Area -Bee friendly native wildflower seed mix STORMWATER AREA Fieldstone Boulder Outcrops Fieldstone Boulder Outcrops Existing Split Rail Fence Existing Split Rail Fence Existing Split Rail Fence Existing Split Rail Fence Spring Snow Crab Tree 2.5in B&B (13) Blue Oat Grass Feather Reed Grass Blue Rug Juniper Daisy SnowmoundHydrangea Incrediball Hosta Big Daddy Honey Locust 3in B&B Eastern White Pine Prairie Dropseed Grass Golden Weeping Willow B&B (2)Blue Oat Grass Feather Reed Grass Hydrangea Incrediball Blue Rug Juniper Prairie Dropseed Grass Eastern White Pine Hosta Big Daddy Swedish Columnar Aspen 3in B&B Eastern White Pine existing (2) Prairie fire Crabapple Existing Aspen Keep Green Ash existing Swedish Columnar Aspen 3in Black Eyed Susan Existing Aspen Keep Qty Common Name Groundcovers\Ornamental Grass 14 Blue Oat Grass 16 Feather Reed Grass 11 Prairie Dropseed Grass Herbaceous\Perennials 12 Black Eyed Susan 14 Daisy Snowmound 8 Hosta Big Daddy 10 Sedum Autumn Fire Shrubs\Deciduous 18 Hydrangea Incrediball Shrubs\Evergreen 10 Blue Rug Juniper Trees\Deciduous 2 Golden Weeping Willow B&B 1 Honey Locust 3in B&B 1 Prairie fire Crabapple 2 Prairifire Crabapple 13 Spring Snow Crab Tree 2.5in B&B 15 Swedish Columnar Aspen 3in B&B Trees\Evergreen 4 Eastern White Pine Spade Trees NEW PLANTINGS 206 Date: July 8, 2024 Item: 21 Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Title: Street Improvement Project Planning and Engineering (Project #25-001) 1.Purpose: The purpose of this action item is to gain council approval to commence the planning and engineering of the 2025 Street Improvement Project. 2.Background: At the May 13, 2024 Council Work Session, the Council provided direction for 2025 street projects. The streets being considered for 2025 are: a. Kelly Avenue- Full reconstruction with watermain replacement b. Lydiard Avenue, & Lydiard Circle Mill and Overlay and Stormwater improvement c. Carmen Road- Mill and overlay and add concrete curb and gutter d. Ferndale Road West - Pavement reclaim and replace culvert e. Dahl Road (as an Alternate) - Pavement reclaim and add concrete curb and gutter f. Wildhurst Trail (Corner to Cul-de-sac) (As an Alternate) - Mill and overlay. 3.Scope: a. Planning and engineering will consist of topographic surveying, utility inspections, design, permitting, public input and solicitation of bids for select roads. 4.Cost: a. Bolton and Menk has provided a scope of services for a fee estimate not to exceed $281,000 (Exhibit A). b. The preliminary cost estimate for the project is $3,283,100. 5.Funding: The engineering as well as the eventual projects will be funded with a combination of the Pavement Management and Stormwater Fund. Fund Cost Estimate Est. 2024 End of Year Fund Balance Pavement Fund $ 1,517,400 $ 722,778 Stormwater Fund $ 272,100 $ 2,256,606 Water Fund $ 1,458,300 $ 1,262,509 Sewer Fund $ 35,300 $ 671,171 Total $3,283,100 6.Staff Recommendation: I recommend Council authorize the design of the 2025 street project. AGENDA ITEM COUNCIL ACTION REQUESTED Move to direct the City Engineer to move forward with preliminary planning for the 2025 Street maintenance project and acceptance of the Bolton and Menk’s proposal for design. 207 Exhibits A. Fee Estimate - 2025 Street Improvements.pdf 208 H:\ORNO\$2025 New Projects\Fee Estimate - 2025 Street Improvements.docx June 19, 2024 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2025 Street Improvements – Design and Bidding Services Dear Adam: As requested, we have prepared a scope of services and design fee estimate for the proposed 2025 Street Improvements Project. It is our understanding that the scope of the project will consist of the following: Kelly Ave – Full reconstruction with watermain replacement Lydiard Ave – Mill and Overlay Lydiard Circle – Mill and Overlay, Add storm sewer Carmen Road – Mill and Overlay, Add concrete curb Ferndale Road West – Reclaim, replace culvert Dahl Road – Reclaim, Add concrete curb Wildhurst Trail – Mill and Overlay Proposed Scope of Engineering Services To assist the city with this improvement project, Bolton & Menk proposes the following scope of services: Staff Design Meetings – Our team will work with City staff to develop the scope of the project and to get input on design details. The goal of these meetings is to ensure that the project is designed consistent with City standards and that the City’s maintenance practices and operations are considered throughout the design process Detailed Design and Bidding – Bolton & Menk will obtain the required survey data, prepare detailed plans and specifications for the project. This work will include coordination with private property owners as needed. Upon authorization, the project wi ll be advertised for competitive bids. Bolton & Menk will administer the bidding process and will ultimately make recommendations to the City Council about awarding the project. Fee Estimate Based on the scope of services described above, we propose a not -to-exceed fee of $281,000 to be billed on an hourly basis. If necessary, we will provide you with quotes for soil borings by a sub-consultant. Once the Construction Contract is awarded, Bolton & Menk will prepare a separate scope and fee estimate for construction phase services. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Senior Principal Engineer 209 Date: July 8, 2024 Item: 22 Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Title: Brown Road Improvement Project Planning and Engineering (Project #25- 002) 1.Purpose: The purpose of this action item is to gain council approval to commence the planning and engineering of the Brown Road Improvement Project 2.Background: At the May 13, 2024 Council Work Session, the Council provided direction for 2025 street projects. Brown Road which is a Municipal State Aid Street was recommended for 2025. 3.Scope: Planning and engineering will consist of topographic surveying, utility inspections, design, permitting, public input and solicitation of bids for select roads. 4.Cost: a. Bolton and Menk has provided a scope of services for a fee estimate not to exceed $49,800 (Exhibit A). b. The preliminary cost estimate for the project is $506,500. 5.Funding: The engineering as well as the eventual projects will be funded with a combination of the Pavement Management and Stormwater Fund. Fund Cost Estimate Est. 2024 End of Year Fund Balance MSA Fund $ 406,600 $ 998,144 Stormwater Fund $ 93,200 $ 2,256,606 Water Fund $ 900 $ 1,262,509 Sewer Fund $ 5,800 $ 671,171 Total $506,500 6.Staff Recommendation: I recommend Council authorize the design of the Brown Road Improvement project. AGENDA ITEM COUNCIL ACTION REQUESTED Move to direct the City Engineer to move forward with preliminary planning for the Brown Road Improvement project and acceptance of the Bolton and Menk’s proposal for design. 210 Exhibits A. Fee Estimate - 2025 Brown Road Improvements.pdf 211 H:\ORNO\$2025 New Projects\Fee Estimate - 2025 Brown Road Improvements.docx June 19, 2024 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: Brown Road North Improvements – Design and Bidding Services Dear Adam: As requested, we have prepared a scope of services and design fee estimate for the proposed Brown Road North Improvements Project. It is our understanding that the scope of the project will consist of a bituminous reclamation of Brown Road North from Wayzata Boulevard to 6th Avenue North. Proposed Scope of Engineering Services To assist the city with this improvement project, Bolton & Menk proposes the following scope of services: Staff Design Meetings – Our team will work with City staff to develop the scope of the project and to get input on design details. The goal of these meetings is to ensure that the project is designed consistent with City standards and that the City’s maintenance practices and operations are considered throughout the design process Detailed Design and Bidding – Bolton & Menk will prepare detailed state aid plans and specifications for the project. This work will include coordination with private property owners as needed. Upon authorization, the project will be advertised for competitive bids. Bolton & Menk will administer the bidding process and will ultimately make recommendations to the City Council about awarding the project. Fee Estimate Based on the scope of services described above, we propose a not-to-exceed fee of $49,800 to be billed on an hourly basis. If necessary, we will provide you with quotes for soil borings by a sub-consultant. Once the Construction Contract is awarded, Bolton & Menk will prepare a separate scope and fee estimate for construction phase services. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Senior Principal Engineer 212 Date: July 8, 2024 Item: 23 Presenter: Adam Edwards, City Administrator / Engineer Section: Council Committee Reports Title: Council Committee Reports 1.Purpose: The purpose of the agenda item is for the Orono council members to update one another on recent council committee meetings. 2.Last Meeting: The following Committee meetings occurred since the last Council meeting: a. The Budget Committee met on July 2nd. 3.Members: A. Communications Committee. Council Members. Denny Walsh & Maria Veach City Staff Members. Adam Edwards, Maggie Jin, Anne Hedges AGENDA ITEM COUNCIL ACTION REQUESTED Discussion Item - no formal action required. 213