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09-08-2025 - Agenda Packet City Council - Regular Meeting
Agenda City Council Meeting Monday, September 8, 2025, 6:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda These items are considered routine and will be enacted by one motion with no discussion unless a council member or staff requests and the item will be removed from the consent agenda for separate discussion and action. 1. City Council Minutes 2. Claims/Bills 3. Upcoming Work Session and Council Training Schedule 4. Resignation & Recruitment - Building Maintenance/Custodian 5. Annual Performance Review of the City Administrator 6. Proposal - Recycling Collection 7. LA25-000031, 650 Brown Road North, Variances - Resolution 7618 8. LA25-000032, 3745 Shoreline Drive, Conditional Use Permit - Resolution 7619 9. LA25-000035, 880 Partenwood Road, Variance - Resolution 7620 10. LA25-000024, 1440 Baldur Park Road, Variances and CUP - Resolution 7617 Public Comments 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. Speakers should be mindful of time and limit their remarks to three (3) minutes to allow sufficient opportunity for others to speak. We encourage speakers to address their comments to the mayor and council and to keep their remarks respectful and relevant. Please no personal attacks. Criticism of ideas is acceptable, but attacks against individuals are not tolerated. Please make your statements in a civil manner. Similarly, we ask everyone in the audience to be respectful of speakers and refrain from disruptive behavior, such as shouting, heckling, or making excessive noise. Community Development Report 11. LA25-000025, 1530 Orchard Beach Place, Variance - Resolution 7613 Public Works Report 12. Wellhead Protection Plan 13. Lease & Easement - Utilities/Midco - Resolutions 7615 and 7616 Attorney Report City Administrator/Engineer Report Council Committee Reports Mayor/Council Report Sign up for email notifications at oronomn.gov Adjournment Upcoming Events Sep 09 Park Commission Sep 15 Planning Commission Sep 20 Fall Cleanup Day Sep 22 City Council Sign up for email notifications at oronomn.gov K AGENDA ITEM Date: September 8, 2025 Title: City Council Minutes Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this item is to approve the City Council meeting minutes. 2. Staff Recommendation: Approve the City Council work session and regular meeting minutes. COUNCIL ACTION REQUESTED Approve the City Council work session and regular meeting minutes. Exhibits A. 08-25-2025 CC Minutes - work session B. 08-25-2025 CC Minutes Item: 1 3 Minutes City Council Work Session Monday, August 25, 2025, 4:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 ROLL CALL Council members present: Mayor Bob Tunheim, Alisa Benson, Jacqueline Ricks, Steve Persian, Jon Schwingler. Staff present: City Administrator Adam Edwards, Finance Director Maggie Jin, Accountant Anne Hentges, City Clerk Christine Lusian, Parks and Facilities Superintendent Joe Ruthenberg, Public Works Superintendent DJ Goman, and Abdo Financial Solutions CPA Justin Nilson. UTILITY RATE STUDY Nilson presented a utility rate plan designed to meet cashflow goals, with the study emphasizing data -driven recommendations to ensure adequate reserves and long-term stability. Water remains the most pressured utility, with declining revenues and reserves not projected to reach targets until 2032, driving a proposed 15% rate increase and acknowledgment of future treatment plant needs. The sewer and stormwater funds are more stable, with modest increases (3% for sewer and 10% initially for stormwater, followed by 5% annually) expected to maintain positive cash flow by 2030. Key challenges include Orono's low density, limited commercial base, and high fixed infrastructure costs, all of which constrain revenue growth. The average water customer uses about 4,000 gallons per month, resulting in a utility bill of roughly $141 that covers water, sewer, stormwater, and recycling. Because new homes are not required to connect to municipal water and only about 30% of residents use the system (most rely on private wells), the financial burden is carried by a relatively small group of users. Options beyond rate increases, such as connection fees, assessments, or levy support, were discussed and staff were directed to model alternatives to the 15% water rate increase. ENTERPRISE FUND BUDGET In the 2026 enterprise fund budget, challenges are driven by inflation, union negotiations, paid family medical leave requirements, health insurance, as well as rising information technology and facilities priorities. While cable fund revenues continue to decline and training and development costs rise with staff turnover, golf course green fees have remained stable. The Metropolitan Council wastewater fee increase (5.85%) may be split out for transparency. The next steps in the budget process include a September 8 work session on the general and internal service funds, followed by adoption of the preliminary budget and levy on September 22. ADJOURNMENT Work session ended at 5:51 p.m. ATTEST: CITY COUNCIL Christine Lusian, City Clerk Bob Tunheim, Mayor 4 Minutes City Council Regular Meeting Monday, August 25, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Mayor Tunheim called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. ROLL CALL Orono City Council members present: Mayor Bob Tunheim, City Council Members Alisa Benson, Steve Persian, Jacqueline Ricks, and Jon Schwingler. Members absent: None. Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Public Works Superintendent DJ Goman, Parks Superintendent Joe Ruthenberg, and Community Development Director Laura Oakden. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA The agenda was approved by consensus with the addition of Fire Department expenditures to Item 13. CONSENT AGENDA 1. City Council Minutes 2. Claims/Bills 3. Park Commission Special Meeting September 9 4. Donation from Pelican Point Homeowners Association — Resolution 7608 5. Establish and Close Funds 6. Maintenance Quote — Video Inspection of Sanitary Sewer System 7. Maintenance Quote — Tree Trimming and Removal This Item was removed from the Consent Agenda 8. LA25-000025, 1530 Orchard Beach Place, Variance — Resolution 7613 This Item was removed from the Consent Agenda Benson moved, Persian seconded, to approve the Consent Agenda Items 1 through 6. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Jay Nygard, 1386 Rest Point Rd., provided comments. 7. Maintenance Quote — Tree Trimming and Removal Benson asked about how tree removal requests are prioritized. City Administrator Edwards explained there is a prioritization system that looks at the health of trees, efficiency of proximity to other trees that need to come down, and whether the City employees can remove them. Benson moved, Ricks seconded, to accept the tree maintenance quote from CJS Services for $21,429. VOTE: Ayes 5, Nays 0. Page 1 of 5 4i Minutes City Council Regular Meeting Monday, August 25, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 8. LA25-000025, 1530 Orchard Beach Place, Variance — Resolution 7613 Community Development Director Oakden reported the City was presenting a resolution to deny the variance request as the City Council had voted previously to deny the variance to build a pool cabana by a permitted pool and patio under construction. The Planning Commission had recommended approval based on moving the cabana the required 10 feet from the house. Persian said after going out to view the property, he wanted to revisit it as the proposed cabana would not be within the lake view of any neighbor. The council discussed other possible locations and asked questions of Tim Kelly, attorney for the applicant. He reiterated that the proposed accessory structure would not affect sight lines and pointed out that the average lakeshore setback on that lot is affected by a right-of-way easement. He contended the Council was applying criteria that are not in the ordinance. Several Councilmembers stated they supported the staff recommendation to deny. Ricks said she would like to have seen the structure pushed back toward the pool equipment. Persian moved, Ricks seconded, to table LA-25-000025, 1530 Orchard Beach Place Variance request. VOTE: Ayes 5, Nays 0. PARKSREPORT 9. Holiday Tree Lighting Event Cancellation City Administrator Edwards said the City Council at the last meeting had given direction to cancel the Holiday Tree Lighting this year. The proposed action would formalize that decision. The Council discussed the item and asked questions of staff. Benson moved, Persian seconded, to cancel the 2025 Holiday Tree Lighting event. VOTE: Ayes 5, Nays 0. 10. Alcohol Sales — Compliance Review The City Council is requested to review the Staff report and discuss a compliance violation at the golf course that involved the sale of alcohol to a minor. The Council discussed the item and asked questions of staff. Parks Superintendent Ruthenberg said the golf course again went over compliance training with employees and will suspend alcohol sales for three days as a self-imposed penalty. A card reader on site was not working, but has been fixed. When there is a violation, the employee involved is prosecuted, and the organization is also held liable. Benson moved, Ricks seconded, to approve the recommended fines and penalties for Orono Orchards Golf Course. VOTE: Ayes 5, Nays 0. Page 2 of 5 6 Minutes City Council Regular Meeting Monday, August 25, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 CITY ATTORNEY REPORT City Attorney Mattick reported the parties are nearing completion of the Joint Powers Agreement for Fire Service. CITY ADMINISTRATOR/ENGINEER REPORT 11. Hackberry Park Revitalization Project (24-028) Design Update The City Council is requested to review the Staff report, receive a presentation, and discuss and give general approval to the updated design for Hackberry Park. City Administrator Edwards said the park is not up to City standards, and the parking is inadequate and dangerous. The last remaining house purchased by the City was vacated in 2022 and demolished in 2023. The City prepared three possible park design plans. The updated layout has two options that preserve current uses but address the problems of parking and drainage. It is anticipated that the project will be done in phases. The Council discussed the item and asked questions of staff. Park Commission members Kim Carswell and Janie Delaney also had questions and pointed out that the Parks Commission has a workshop meeting and special meeting on Sept. 9. Council consensus was to direct City Staff to proceed with the design and fundraising phase. RECESS & RECONVENE Mayor Tunheim recessed the meeting at 8:10 p.m. The meeting was reconvened at 8:15 p.m. 12. Annual Appointment Updates (Park Commission, LID Liaisons) — Resolution 7614 The City Council is requested to review the Staff report, receive a presentation, and discuss appointments as liaison to the City's two Lake Improvement Districts (LIDs) and proper procedures with appointing and possibly removing City commission members, particularly concerning the Parks Commission Chair. The Council discussed the item and asked questions of staff. Benson and Ricks volunteered to be liaisons to the LIDs. Persian moved, Schwingler seconded, to appoint Benson to the Stubbs Bay LID and Ricks to the Carman Bay LID. VOTE: Ayes 5, Nays 0. The consensus of the Council was to consider any changes to Commission appointments in the normal timeframe at the beginning of the calendar year. 13. Procurement of Self -Contained Breathing Apparatus (SCBA) The City Council is requested to review the Staff report, receive a presentation, and discuss an identified need for Self -Contained Breathing Apparatus (SCBAs) for the firefighters. The recommendation is for Long Lake to upgrade to the same type of apparatus that Orono Firefighters are using. Because a cost increase is known to be coming, both the Long Lake and Orono City Councils are being asked to Page 3 of 5 7 Minutes City Council Regular Meeting Monday, August 25, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 authorize the purchase and share the cost according to a formula. Orono's cost is projected at about $54,500 after trade-ins. The Council discussed the items and asked questions of staff. Ricks moved, Schwingler seconded, to authorize the expenditure of up to $54,500 for the purchase of the SCBA equipment. VOTE: Ayes 5, Nays 0. Persian explained that the additional item he wanted to bring up was being cautious with purchases for the Fire Department as it transitions to a joint department, in particular, anything that includes graphics that would identify it as OFD, Orono Fire Department. Persian moved, Benson seconded that any purchase of fire department equipment that would include name graphics that would not align with the new fire department name come to the Council for consideration. VOTE: Ayes 5, Nays 0. COUNCIL COMMITTEE REPORTS 14. Upcoming Work Session and Council Training Schedule Benson presented a possible series of topics for upcoming work sessions/Council training and asked for input. The Council discussed the items and asked questions of staff. Councilmembers were generally in favor of the plan and will be asked to give input for an October session. 15. Council Committee and Board Reports Tunheim reported on the Fire Advisory Board Meeting. CLOSED SESSION 16. Annual Performance Review of the City Administrator Benson moved, Ricks seconded, to enter into closed session at 8:58 p.m., as permitted by Section 13D.05 Subd. 3(a) to continue the Annual Performance Review of the City Administrator. VOTE: Ayes 5, Nays 0. (The City Council was in closed session from 8:58 p.m. to 9:45 p.m.) ADJOURNMENT Benson moved, Ricks seconded, to adjourn the meeting at 9:45 p.m. to Monday, Sept 8, 2025, at 6:00 p.m. VOTE: Ayes 5, Nays 0. Page 4 of 5 Minutes City Council Regular Meeting Monday, August 25, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 ATTEST: Christine Lusian, City Clerk Bob Tunheim, Mayor Minutes approved by Orono City Council September 8, 2025. Meeting videos and transcripts available at oronomn.gov. Page 5 of 5 9 AGENDA ITEM Date: September 8, 2025 Title: Claims/Bills Presenter: Kellie Hoen, Administrative Assistant Section: Consent Agenda Item: 2 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 126660 to 126727, and ACH transactions 20130738 to 20130742 totaling $ 149,546.16. 3. Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register 2025-09-03 10 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 1 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount US Bank Equipment Finance 08/29/2025 126660 562260273 710-49970-413 COPIERS - 08/25 IT Services 1,573.11 US Bank Equipment Finance 08/29/2025 126660 562260273 101-41900-201 OVERAGE -TONER Central Services 32.02 Total 126660: 1,605.13 3350 FOX ST LLC SITYAN OSHA 09/08/2025 126661 LA25-000030 101-34420 BP REFUND - LA25-000030 - 3350 FOX STREET L 165.00 Total 126661: 165.00 ABM Equipment & Supply LLC 09/08/2025 126662 0184063-IN 703-49960-379 TRUCK 701 ACCIDENT REPAIR - CLAIM 440427 3,305.00 Total 126662: 3,305.00 ARVU AUTO 09/08/2025 126663 13723 701-49800-402 PD269ALIGNMENT Fleet Services 134.50 Total 126663: 134.50 BRIDGESTONE GOLF INC 09/08/2025 126664 INV-1003309 613-49830-095 GOLF HATS Golf Course 40.00 BRIDGESTONE GOLF INC 09/08/2025 126664 INV-1003310 613-49830-095 GOLF HATS Golf Course 67.50 BRIDGESTONE GOLF INC 09/08/2025 126664 INV-1003310 613-49830-095 GOLF GLOVES Golf Course 109.85 Total 126664: 217.35 CAPITOL BEVERAGE SALES L.P 09/08/2025 126665 3174230 613-49830-092 CONCESSIONS POP Golf Course 85.96 CAPITOL BEVERAGE SALES L.P 09/08/2025 126665 3174230 613-49830-091 BEER Golf Course 181.20 CAPITOL BEVERAGE SALES L.P 09/08/2025 126665 3176005 613-49830-091 BEER Golf Course 109.20 CAPITOL BEVERAGE SALES L.P 09/08/2025 126665 3176005 613-49830-092 CONCESSIONS Golf Course 271.01 CAPITOL BEVERAGE SALES L.P 09/08/2025 126665 3179114 613-49830-091 BEER FOR RESALE Golf Course 243.20 CAPITOL BEVERAGE SALES L.P 09/08/2025 126665 3179114 613-49830-092 CONCESSIONS POP Golf Course 331.15 Total 126665: 1,221.72 CARGILL INCORPORATED 09/08/2025 126666 2911389074 601-49400-216 NAVARRE WATER PLANT SALT Water 6,768.67 Total 126666: 6,768.67 CENTERPOINT ENERGY MAIN 09/08/2025 126667 08.2025 613-49830-381 GAS SERVICE 07/21/25-08/20/25 Golf Course 35.63 CENTERPOINT ENERGY MAIN 09/08/2025 126667 08.2025 101-42260-381 GAS SERVICE 07/21/25-08/20/25 Fire Protection Services 121.05 CENTERPOINT ENERGY MAIN 09/08/2025 126667 08.2025 101-42110-381 GAS SERVICE 07/21/25-08/20/25 Police Department 70.08 CENTERPOINT ENERGY MAIN 09/08/2025 126667 08.2025 101-41900-381 GAS SERVICE 07/21/25-08/20/25 Central Services 196.19 City of Orono Check Register- COUNCIL REPORT Page: 2 Check Issue Dates: 8/26/2025 - 9/8/2025 Sep 03, 2025 01:59PM Payee Check Issue Date Check Number Invoice Number Invoice GLAccount CENTERPOINT ENERGY MAIN 09/08/2025 126667 08.2025 601-49400-381 CENTERPOINT ENERGY MAIN 09/08/2025 126667 08.2025 602-49450-381 Total 126667: CENTRAL PENSION FUND SOU 09/08/2025 126668 09.04.25 FU 101-21705 Total 126668: CENTURYLINK 09/08/2025 126669 08.2025 GC 613-49830-321 Total 126669: City of Orono Utilities 09/08/2025 126670 08.2025 - 23 601-49400-382 City of Orono Utilities 09/08/2025 126670 08.2025 - 26 613-49830-382 City of Orono Utilities 09/08/2025 126670 08.2025 -CH 101-41900-382 City of Orono Utilities 09/08/2025 126670 08.2025 -CH 101-42110-382 City of Orono Utilities 09/08/2025 126670 08.2025 - FI 101-42260-382 City of Orono Utilities 09/08/2025 126670 08.2025 - P 101-41900-382 City of Orono Utilities 09/08/2025 126670 08.2025 - US 101-41900-382 Total 126670: CITY OF WAYZATA 09/08/2025 126671 08.2025 SE 601-49400-387 CITY OF WAYZATA 09/08/2025 126671 08.2025 SE 602-49450-387 Total 126671: CIVIC SYSTEMS LLC 09/08/2025 126672 INV-07754 710-49970-416 Total 126672: DAHLHEIMER BEVERAGE MON 09/08/2025 126673 2553278 613-49830-091 DAHLHEIMER BEVERAGE MON 09/08/2025 126673 2553278 613-49830-093 DAHLHEIMER BEVERAGE MON 09/08/2025 126673 2559395 613-49830-094 DAHLHEIMER BEVERAGE MON 09/08/2025 126673 2559395 613-49830-093 DAHLHEIMER BEVERAGE MON 09/08/2025 126673 2559395 613-49830-091 Total 126673: Description Department Invoice Amount GAS SERVICE 07/21/25-08/20/25 Water 561.52 GAS SERVICE 07/21/25-08/20/25 Sewer 628.82 CENTRAL PENSION FUND 09.04.2025 2,240.00 2,240.00 GC PHONE/INTERNET 08/19/2025-09/18/2025 Golf Course 209.61 08.2025 - 2345 BLAINE AVE Water 162.74 08.2025 GC Golf Course 74.90 08.2025 CH Central Services 145.88 08.2025 PD Police Department 145.88 08.2025 - FIRE Fire Protection Services 123.86 08.2025 PW Central Services 358.56 08.2025 US PO Central Services 89.53 1,101.35 AUGUST 2025 WATER Water 4,511.48 AUGUST 2025 SEWER Sewer 8.086.90 12,598.38 SOFTWARE SUPPORT 7/1/2025-12/31/2025 IT Services 9,177.00 9,177.00 BEER Golf Course 364.70 CONCESSIONS Golf Course 61.10 WATER Golf Course 59.60 CONCESSIONS Golf Course 112.40 BEER Golf Course 174.00 771.80 12 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 3 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount EARL FANDERSEN &ASSOC 09/08/2025 126674 0140631-IN 101-43000-224 SIGNS Public Works Department 95.55 Total 126674: 95.55 ECM PUBLISHERS INC 09/08/2025 126675 1061621 101-41900-352 GROUP MEDICAL INSURANCE BIDS Central Services 69.30 ECM PUBLISHERS INC 09/08/2025 126675 1061622 101-41900-352 AUDITING SERVICE RFP Central Services 88.20 ECM PUBLISHERS INC 09/08/2025 126675 1061846 101-42110-352 BACK TO SCHOOL Police Department 85.00 ECM PUBLISHERS INC 09/08/2025 126675 1062764 603-49500-352 RECYCLING RFP BIDS PUBLIC NOTICE Recycling 50.40 Total 126675: 292.90 EHLERS AND ASSOCIATES 09/08/2025 126676 102584 321-47000-319 2025 CONTINUING DISCLOSURE - 2014A 1,712.50 EHLERS AND ASSOCIATES 09/08/2025 126676 102584 324-47000-319 2025 CONTINUING DISCLOSURE - 2021A 1,712.50 Total 126676: 3,425.00 ESRI Inc 09/08/2025 126677 900085880 710-49970-416 ARCGIS LICENSING IT Services 5,224.00 Total 126677: 5,224.00 ESS BROTHERS & SONS 09/08/2025 126678 FF6619 651-49910-227 STORM SEWER GRATE Storm Water 950.00 Total 126678: 950.00 FACTORY MOTOR PARTS 09/08/2025 126679 1-11012787 701-49800-222 PD 277 FILTERS Fleet Services 36.58 FACTORY MOTOR PARTS 09/08/2025 126679 1-11013474 701-49800-221 GENERATOR BATTERY Fleet Services 114.00 FACTORY MOTOR PARTS 09/08/2025 126679 1-11045023 701-49800-222 TRUCK 709 STEERING PARTS Fleet Services 98.18 FACTORY MOTOR PARTS 09/08/2025 126679 1-11046467 701-49800-222 DODGE DURANGO FILTERS Fleet Services 31.86 FACTORY MOTOR PARTS 09/08/2025 126679 128-223146 701-49800-222 TRUCK 709 FRONT STEERING PARTS Fleet Services 69.82 FACTORY MOTOR PARTS 09/08/2025 126679 70-597554 701-49800-222 PD 277 FILTERS Fleet Services 16.20 FACTORY MOTOR PARTS 09/08/2025 126679 70-597921 701-49800-222 PD 259 ENGINE THERSTAT Fleet Services 48.20 FACTORY MOTOR PARTS 09/08/2025 126679 70-598367 701-49800-222 PD DURANGO FILTERS Fleet Services 159.98 FACTORY MOTOR PARTS 09/08/2025 126679 70-598556 701-49800-222 TRUCK 709 STEERING PARTS Fleet Services 724.72 FACTORY MOTOR PARTS 09/08/2025 126679 GV12080825 701-49800-222 DEFECTIVE PARTS RETURN PD 269 Fleet Services 202.42- FACTORY MOTOR PARTS 09/08/2025 126679 GV12080825 701-49800-222 DEFECTIVE PART RETURN PD 259 Fleet Services 38.13- Total 126679: 1,058.99 FERGUSON WATERWORKS #25 09/08/2025 126680 0554070 601-49400-227 1" WATER METER HORNS Water 2,050.92 13 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 4 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126680: 2,050.92 FIRE SAFETY USA INC 09/08/2025 126681 204951 101-42260-402 3 WHEEL CHOCKS Fire Protection Services 1,045.80 Total 126681: 1,045.80 FITZSIMMONS, KATIE 09/08/2025 126682 REIMBURSE 101-41300-489 STAFF APPRECIATION EVENT Administration 75.00 Total 126682: 75.00 GALLS LLC 09/08/2025 126683 032297119 101-42110-226 UNIFORMS/CABLE Police Department 92.21 Total 126683: 92.21 GOLDEN WEST INDUSTRIAL SU 09/08/2025 126684 6788600 613-49830-223 COURSE SUPPLIES Golf Course 1,582.93 Total 126684: 1,582.93 GOPHERACE 09/08/2025 126685 026198/1 101-45200-221 TRIMMER LINE Parks 13.99 GOPHER ACE 09/08/2025 126685 026297/1 701-49800-215 DOOR MAGNET Fleet Services 34.99 GOPHER ACE 09/08/2025 126685 026309/1 701-49800-221 TOOLCAT PARTS 604 Fleet Services 31.98 GOPHER ACE 09/08/2025 126685 26260/1 701-49800-215 SHOP SUPPLIES PAINT Fleet Services 11.58 GOPHER ACE 09/08/2025 126685 26323/1 101-45200-223 WASP SPRAY Parks 9.98 Total 126685: 102.52 GUIMONT, JON 09/08/2025 126686 08.2025 REI 101-41300-489 STAFF APPRECIATION EVENT - REIMBURSEME Administration 13.84 Total 126686: 13.84 HECKSEL MACHINE INC 09/08/2025 126687 112808 101-43000-222 DUMP TRUCK UNDERBELLY BLADE PIVOT ROD Public Works Department 313.00 Total 126687: 313.00 HENNEPIN COUNTY ACCOUNT 09/08/2025 126688 1000251960 101-41600-309 JAIL CHARGES/ALL CITIES Law/Legal Services 450.00 Total 126688: 450.00 HIGHVIEW PLUMBING INC 09/08/2025 126689 17727 602-49450-443 1&1 INSPECTION BY HIGHVIEW PLUMBING Sewer 250.00 14 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 5 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126689: 250.00 HOLIDAY COMPANIES 09/08/2025 126690 0796010925 101-42110-402 CAR WASHES / HOLIDAY Police Department 297.00 Total 126690: 297.00 INDEPENDANT PET PARTNERS 09/08/2025 126691 PS-INV1044 101-42110-230 K9 FOOD Police Department 118.83 Total 126691: 118.83 KODIAK POWER SOLUTIONS 09/08/2025 126692 21018433 101-41900-404 REPAIR GENERATOR CITY HALL CAMPUS Central Services 2,112.50 Total 126692: 2,112.50 LANO EQUIPMENT INC 09/08/2025 126693 03-1177277 701-49800-221 604 BOBCAT TOOLCAT PARTS Fleet Services 1,508.72 LANO EQUIPMENT INC 09/08/2025 126693 03-1177853 101-45200-221 BLOWER REPAIR Parks 479.99 LANO EQUIPMENT INC 09/08/2025 126693 03-1178673 701-49800-221 604 TOOLCAT PARTS Fleet Services 1,024.27 LANO EQUIPMENT INC 09/08/2025 126693 03-1178694 701-49800-221 604 PARTS SHIPPING Fleet Services 79.16 Total 126693: 3,092.14 LEAGUE OF MN CITIES INS TR 09/08/2025 126694 9869 703-49960-379 PEDESTRIAN CROSSWALK SIGN CLAIM 420712 544.69 Total 126694: 544.69 MACQUEEN EQUIPMENT LLC 09/08/2025 126695 P53861 101-42260-221 HARD SUCTION HOSE FOR T1, L1, E1 Fire Protection Services 3,810.85 MACQUEEN EQUIPMENT LLC 09/08/2025 126695 P53866 101-42260-226 TURNOUT GEAR FOR LIEBL, ASLAKSON, COLLI Fire Protection Services 17,647.25 MACQUEEN EQUIPMENT LLC 09/08/2025 126695 P67121 101-43000-222 STREET SWEEPER PARTS Public Works Department 2,127.26 Total 126695: 23,585.36 MANSFIELD OIL COMPANY 09/08/2025 126696 26861394 701-49800-212 UNLEADED FUEL Fleet Services 6,376.12 Total 126696: 6,376.12 MARTIN MARIETTA MATERIALS 09/08/2025 126697 46802258 101-43000-224 PATCHING Public Works Department 152.46 Total 126697: 152.46 15 City of Orono Check Register- COUNCIL REPORT Page: 6 Check Issue Dates: 8/26/2025 - 9/8/2025 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Payee Issue Date Number Number MISSION COMMUNICATIONS LL 09/08/2025 126698 2011871 602-49450-227 GS # 12 RADIO REPLACEMENT MISSION COMMUNICATIONS LL 09/08/2025 126698 2012010 602-49450-406 GS #12 RADIO Total 126698: MN DEPT OF HEALTH 09/08/2025 126699 3RD QTR W 601-20802 2025-3RD QTR WATER TEST FEE Total 126699: MTI DISTRIBUTING INC 09/08/2025 126700 1490681-00 701-49800-221 GOLF COURSE UINIT 600 BRAKE PARTS MTI DISTRIBUTING INC 09/08/2025 126700 1490681-01 701-49800-221 GOLF COURSE UNIT 600 BRAKE PARTS Total 126700: NAVARRE HARDWARE 09/08/2025 126701 350976 101-43000-224 FOR STREETS CREW Total 126701: NICOLE MIDDENDORF 09/08/2025 126702 RPS24-0000 101-22205 ESCROW REFUND - RPS24-000008 - 2232 SHAD Total 126702: NOVA TECHNOLOGIES 09/08/2025 126703 IN-80009186 710-49970-329 MONTHLY PHONE SIP CHARGE 9/25 Total 126703: ODP BUSINESS SOLUTIONS LL 09/08/2025 126704 4288048600 101-42110-201 OFFICE SUPPLIES ODP BUSINESS SOLUTIONS LL 09/08/2025 126704 4364944320 101-42110-201 OFFICE SUPPLIES ODP BUSINESS SOLUTIONS LL 09/08/2025 126704 4380530400 101-42110-201 OFFICE SUPPLIES Total 126704: OMANN CONTRACTING COMPA 09/08/2025 126705 18982 101-43000-224 PATCHING Total 126705: PERFORMANCE PLUS LLC dba 09/08/2025 126706 070905 101-42260-319 MEDICAL EVAL FOR DESHAWN COLLINS Total 126706: Department Sewer Sewer Fleet Services Fleet Services Public Works Department IT Services Police Department Police Department Police Department Public Works Department Fire Protection Services Invoice Amount 316.04 90.01 328.67 69.53 16 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 7 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount PRESS PERFECT PRINTING & 09/08/2025 126707 25305 613-49830-352 SCORECARDS Golf Course 129.90 Total 126707: 129.90 PRIORITY TREE EXPERTS LLC 09/08/2025 126708 1021 101-45200-405 REMOVE TREES HIGHWOOD Parks 1,500.00 Total 126708: 1,500.00 QUADIENT INC 09/08/2025 126709 Q1993554 710-49970-413 POSTAGE MACHING LEASE 09.28.25-12.27.25 IT Services 2,829.00 Total 126709: 2,829.00 REPUBLIC SERVICES #894 09/08/2025 126710 0894-007243 101-41900-404 TRASH SERVICE 08/01/25-08/31/25 - PW Central Services 488.25 REPUBLIC SERVICES #894 09/08/2025 126710 0894-007243 101-41900-404 TRASH SERVICE 08/01/25-08/31/25 - POLICE DE Central Services 214.85 REPUBLIC SERVICES #894 09/08/2025 126710 0894-007243 613-49830-404 TRASH SERVICE 08/01/25-08/31/25 - GC Golf Course 663.94 REPUBLIC SERVICES #894 09/08/2025 126710 0894-007243 101-45200-404 TRASH SERVICE 06/01/25-06/30/25 - LURTON PA Parks 231.00 REPUBLIC SERVICES #894 09/08/2025 126710 0894-007243 101-43100-404 TRASH SERVICE 08/01/25-08/31/25- BRUSH SITE Brush Site 55.50 Total 126710: 1,653.54 RYAN AUTO MALL 09/08/2025 126711 276850 701-49800-222 PD 269 MOTOR MOUNTS Fleet Services 234.12 Total 126711: 234.12 SECURITY & SOUND CO 09/08/2025 126712 29925 710-49970-401 COUNCIL CHAMBERS MIC ADJUST IT Services 245.00 Total 126712: 245.00 SITYAN O'SHAUGHNESSY 09/08/2025 126713 LA25-000030 101-22205 ESCROW REFUND - LA25-000030 - 3350 FOX ST 700.00 Total 126713: 700.00 STREICHER'S 09/08/2025 126714 11779146 101-42110-226 UNIFORMS/WHITE Police Department 50.00 STREICHER'S 09/08/2025 126714 11780850 101-42110-226 UNIFORMS/FOURNIER Police Department 169.99 Total 126714: 219.99 STREICHER'S 09/08/2025 126715 11779631 101-42260-226 DUTY UNIFORM FOR ADLER BURTON Fire Protection Services 359.97 STREICHER'S 09/08/2025 126715 11779791 101-42260-226 DUTY UNIFORM FOR DESHAWN COLLINS Fire Protection Services 389.97 STREICHER'S 09/08/2025 126715 11779804 101-42260-226 DUTY UNIFORM ITEMS FOR DESHAWN COLLIN Fire Protection Services 89.99 17 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 8 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount STREICHER'S 09/08/2025 126715 11780925 101-42260-226 DUTY UNIFORM FOR ADLER BURTON Fire Protection Services 79.99 Total 126715: 919.92 SUBURBAN RATE AUTHORITY 09/08/2025 126716 025-2 101-41110-433 2025 MEMBERSHIP ASSESSMENT - 2ND HALF Mayor& Council 498.00 Total 126716: 498.00 SUSTAINABLE 9 DESIGN + BUIL 09/08/2025 126717 RPS23-0001 101-22205 ESCROW REFUND - RPS23-000160 - 341 WESTL 10,000.00 Total 126717: 10,000.00 TERMINAL SUPPLY CO 09/08/2025 126718 50468-00 701-49800-215 BOLTS/ WIRING SUPPLIES Fleet Services 572.15 TERMINAL SUPPLY CO 09/08/2025 126718 52822-00 701-49800-222 BATTERY CABLE Fleet Services 63.33 TERMINAL SUPPLY CO 09/08/2025 126718 52822-00 701-49800-221 BATTERY CABLE Fleet Services 63.33 Total 126718: 698.81 TIMESAVER OFF SITE SECRET 09/08/2025 126719 30983 101-41110-319 CITY COUNCIL MINUTES 8/25/2025 Mayor & Council 334.00 TIMESAVER OFF SITE SECRET 09/08/2025 126719 30984 101-42400-319 PLANNING COMMISSION MINUTES 8/18/2025 Building & Zoning 334.00 Total 126719: 668.00 TOLL GAS & WELDING SUPPLY 09/08/2025 126720 0040217765 701-49800-215 TANK RENTAL Fleet Services 13.64 Total 126720: 13.64 TOTAL TOOL SUPPLY INC 09/08/2025 126721 01706906 101-41900-221 REPLACEMENT OVERHEAD CRANE SLINGS Central Services 298.03 TOTAL TOOL SUPPLY INC 09/08/2025 126721 77107956 701-49800-403 ANNNUAL OVERHEAD CRANE AND RIGGING IN Fleet Services 438.79 TOTAL TOOL SUPPLY INC 09/08/2025 126721 77107956 101-41900-404 ANNNUAL OVERHEAD CRANE AND RIGGING IN Central Services 438.79 TOTAL TOOL SUPPLY INC 09/08/2025 126721 77107956 101-43000-403 ANNNUAL HARNESS AND RIGGING INSPECTION Public Works Department 57.78 TOTAL TOOL SUPPLY INC 09/08/2025 126721 77107956 601-49400-403 ANNNUAL HARNESS AND RIGGING INSPECTION Water 57.78 TOTAL TOOL SUPPLY INC 09/08/2025 126721 77107956 602-49450-403 ANNNUAL HARNESS AND RIGGING INSPECTION Sewer 57.78 Total 126721: 1,348.95 ULTIMATE SAFETY CONCEPTS 09/08/2025 126722 218843 101-42260-226 SCBA MAINTENANCE PLAN Fire Protection Services 1,997.19 Total 126722: 1,997.19 18 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 9 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 09/08/2025 126723 1410159036 101-45200-226 UNIFORMS PARKS Parks 16.29 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 613-49830-226 UNIFORMS GOLF Golf Course 16.29 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 101-41900-226 UNIFORMS FACILITIES Central Services 2.85 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 101-43000-226 UNIFORMS -STREETS Public Works Department 27.54 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 651-49910-226 UNIFORMS - STORMWATER Storm Water 76.46 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 601-49400-226 UNIFORMS PW-WATER DEPT Water 26.09 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 26.09 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 701-49800-226 UNIFORMS - FLEET Fleet Services 33.81 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 101-43000-404 RUGS-PW Public Works Department 28.73 UNIFIRST CORPORATION 09/08/2025 126723 1410159036 101-41900-223 MOPS/CLEANING TOWELS Central Services 24.41 UNIFIRST CORPORATION 09/08/2025 126723 1410165313 613-49830-223 MATS AND TOWEL -GC Golf Course 17.74 UNIFIRST CORPORATION 09/08/2025 126723 1410166773 613-49830-223 MATS TOWELS - GC Golf Course 109.92 Total 126723: 410.13 WILLIAMS TOWING 09/08/2025 126724 25-48374 101-42110-436 SQUAD TOW 259 Police Department 174.73 Total 126724: 174.73 XCEL ENERGY 09/08/2025 126725 941004322 101-43000-386 OCB TRAFFIC SIGNAL 07/20/25-08/18/25 Public Works Department 132.74 XCEL ENERGY 09/08/2025 126725 941008799 101-41900-381 PW BUILDING ELECTRICITY 07/20/25-08/18/25 Central Services 2,080.11 XCEL ENERGY 09/08/2025 126725 941977544 602-49450-381 3425 LYRIC 07/27/25-08/25/25 Sewer 27.79 Total 126725: 2,240.64 Yamaha Golf & Utility 09/08/2025 126726 01-31999 613-49830-415 GOLF CART RENTAL Golf Course 3,911.53 Total 126726: 3,911.53 ZAYO GROUP LLC 09/08/2025 126727 21695299 602-49450-321 PHONE SERVICE 07/23/25-08/22/25 Sewer 165.86 ZAYO GROUP LLC 09/08/2025 126727 21695299 601-49400-321 PHONE SERVICE 07/23/25-08/22/25 Water 168.32 ZAYO GROUP LLC 09/08/2025 126727 21695299 101-41900-321 PHONE SERVICE 07/23/25-08/22/25 Central Services 331.63 ZAYO GROUP LLC 09/08/2025 126727 21695299 101-42110-321 PHONE SERVICE 07/23/25-08/22/25 Police Department 165.88 ZAYO GROUP LLC 09/08/2025 126727 21695299 613-49830-321 PHONE SERVICE 07/23/25-08/22/25 Golf Course 17.24 ZAYO GROUP LLC 09/08/2025 126727 21770819 602-49450-321 PHONE SERVICE 08/23/25-09/22/25 Sewer 166.07 ZAYO GROUP LLC 09/08/2025 126727 21770819 601-49400-321 PHONE SERVICE 08/23/25-09/22/25 Water 168.53 ZAYO GROUP LLC 09/08/2025 126727 21770819 101-41900-321 PHONE SERVICE 08/23/25-09/22/25 Central Services 332.13 ZAYO GROUP LLC 09/08/2025 126727 21770819 101-42110-321 PHONE SERVICE 08/23/25-09/22/25 Police Department 166.37 ZAYO GROUP LLC 09/08/2025 126727 21770819 613-49830-321 PHONE SERVICE 08/23/25-09/22/25 Golf Course 29.99 19 City of Orono Payee Total 126727: Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Check Check Invoice Invoice GLAccount Issue Date Number Number Description Page: 10 Sep 03, 2025 01:59PM Department Invoice Amount 1,712.02 AMAZON CAPITAL SERVICE 09/08/2025 20130738 13TM-KFJG- 101-43000-224 STREETS DEPT. SUPPLIES Public Works Department 207.77 AMAZON CAPITAL SERVICE 09/08/2025 20130738 1JDX-JMMF- 101-42110-201 OFFICE SUPPLIES Police Department 15.99 AMAZON CAPITAL SERVICE 09/08/2025 20130738 1 NLF-HJFX- 101-41900-201 SPIRAL NOTEBOOKS Central Services 20.80 AMAZON CAPITAL SERVICE 09/08/2025 20130738 1NLF-HJFX- 101-41900-201 PROJECT PLANNERS Central Services 23.97 AMAZON CAPITAL SERVICE 09/08/2025 20130738 1 NLF-HJFX- 101-41900-201 5X8 LEGAL NOTE PADS Central Services 14.24 AMAZON CAPITAL SERVICE 09/08/2025 20130738 1NLF-HJFX- 101-41900-201 6X9 NOTEBOOK RULED Central Services 8.84 AMAZON CAPITAL SERVICE 09/08/2025 20130738 1 NLF-HJFX- 101-41900-201 COMPRESSED AIR DUSTER Central Services 28.99 AMAZON CAPITAL SERVICE 09/08/2025 20130738 1 NLF-HJFX- 101-41900-201 OFFICE SUPPLIES - PRIME DISCOUNT Central Services 1.66- AMAZON CAPITAL SERVICE 09/08/2025 20130738 1QCN-96PQ- 701-49800-221 FORKLIFT AND BACK PACK BLOWER PARTS Fleet Services 283.58 AMAZON CAPITAL SERVICE 09/08/2025 20130738 1XJJ-MW64- 613-49830-201 GOLF PENCILS Golf Course 47.45 Total 20130738: 649.97 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-095 MEDALS FOR JRS Golf Course 55.06 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-201 PROXIMITY MARKS Golf Course 40.79 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-093 JR LEAGUE Golf Course 49.48 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-093 FOOD CONCESSIONS Golf Course 360.29 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-092 POP Golf Course 113.48 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-095 TEES Golf Course 40.79 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-201 INK Golf Course 36.24 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-091 BEER/ICE Golf Course 6.98 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 613-49830-221 MAINTENANCE BOX Golf Course 12.23 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 BP 701-49800-222 DFM DEACTIVATE MODULE FOR ORONO FIRE T Fleet Services 224.95 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 BP 701-49800-222 LLFD E-11 ALTERNATOR Fleet Services 1,195.00 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 BP 701-49800-240 MECHANICS TOOLS Fleet Services 149.99 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 BW 101-43000-226 PPE Public Works Department 326.28 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CF 101-42110-416 PELOTON MEMBERSHIP -A Police Department 47.76 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-45200-439 HACKBERRY PARK OPEN HOUSE Parks 24.47 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-41300-489 NEW EMPLOYEE WELCOME BREAKFAST (PUBLI Administration 67.71 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-41300-437 CLERKS ACADEMY TRAINING (TANG) Administration 250.00 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-45200-221 HACKBERRY PARK OPEN HOUSE SIGN Parks 12.48 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 710-49970-416 ORGANICS DROP SITE MONITORING IT Services 14.99 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-41110-439 CITY COUNCIL MEALS 07/28/2025 Mayor & Council 176.78 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-41110-439 CITY COUNCIL MEALS 08/11/2025 Mayor & Council 21.47 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-41110-439 CITY COUNCIL MEALS 08/11/2025 Mayor & Council 159.53 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-41110-437 MMA MAYOR ASSOCIATION EVENT Mayor & Council 55.00 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-45200-439 ANTOINE PARK OPEN HOUSE Parks 21.48 20 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 11 Sep 03, 2025 01:59PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-45200-221 HACKBERRY PARK AND ANTOINE PARK SURVE Parks 91.33 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 CL 101-41300-489 NEW EMPLOYEE WELCOME BREAKFAST (PUBLI Administration 69.65 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 DK 710-49970-221 ID BADGES IT Services 100.00 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 JN 601-49400-319 ANNUAL REPORT Water 102.15 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 JR 101-41900-223 AIR FRESHENERS Central Services 45.43 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 710-49970-416 ZOOM SUBSCRIPTION IT Services 15.99 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 101-41500-437 MNGFOA CONFERENCE - HENTGES Finance Department 250.00 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 101-41300-489 EMPLOYEE APPRECIATION- NEW BABY Administration 90.42 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 101-43000-319 BACKGROUND CHECK - PW SEASONAL Public Works Department 7.49 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 651-49910-319 BACKGROUND CHECK - PW SEASONAL Storm Water 7.49 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 601-49400-319 BACKGROUND CHECK - PW SEASONAL Water 7.49 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 602-49450-319 BACKGROUND CHECK - PW SEASONAL Sewer 7.48 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 101-42260-319 BACKGROUND CHECK - FIRE Fire Protection Services 164.60 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 MJ 101-41300-489 STAFF APPRECIATION EVENT Administration 81.18 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 SC 101-42260-439 MEETING EXPENSES Fire Protection Services 141.70 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 SC 101-42260-240 CASE/CHARGER FOR E1 DUTY PHONE Fire Protection Services 70.49 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 SC 101-42260-201 OFFICE SUPPLIES Fire Protection Services 241.99 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 SC 101-42260-201 OFFICE SUPPLIES Fire Protection Services 88.38 CARDMEMBER SERVICE 09/08/2025 20130739 08.2025 TW 101-42110-439 YOUTH DNR CLASS Police Department 37.99 Total 20130739: HOME DEPOT CREDIT SERVIC HOME DEPOT CREDIT SERVIC HOME DEPOT CREDIT SERVIC Total 20130740: MEDSURETY LLC MEDSURETY LLC MEDSURETY LLC Total 20130741: WEX BANK Total 20130742: Grand Totals: 09/08/2025 20130740 152093 101-41900-201 09/08/2025 20130740 1524675 101-41900-223 09/08/2025 20130740 9013975 101-41900-223 09/08/2025 20130741 8.29.25 FSA/ 101-21719 09/08/2025 20130741 9.3.25 MFSA 101-21719 09/08/2025 20130741 DCAP 9.5.25 101-21719 CHAIR MAT BUILDING REPAIR SUPPLIES REPLACEMENT LIGHT BULBS DCAP J. CUTA MFSA 7.25.25-8.31.25 FUNDS DCAP J. RUTHENBERG 09/08/2025 20130742 106880006 101-45200-212 FUEL FOR PONTOON Central Services Central Services Central Services Parks 5,084.48 62.98 10.96 120.64 194.58 104.17 48.11 1,666.64 1,818.92 103.79 103.79 149,546.16 21 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 8/26/2025 - 9/8/2025 Page: 12 Sep 03, 2025 01:59PM AGENDA ITEM Date: September 8, 2025 Title: Upcoming Work Session and Council Training Schedule Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Item: 3 Purpose: The purpose of the action item is to schedule future work session agendas and council training / orientations. 2. Background: a. Work Sessions. 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. Date Date Subject 2026 Subject 2025 Code Enforcement 12 Jan 14 Jul Council Goals. for 2026 Average Lakeshore Setback 28 Jul General Fund Budget Update 26 Jan Community Management Plan - 4PM Start Community Survey Planning 11 Aug Communications Update 25 Aug Budget - Enterprise Funds 4PM Start 8 Sep Preliminary Levy/ Budget 9 Mar 22 Sep City Facilities Review 23 Mar 13 Oct Draft Capital Improvement 13 Apr p Plans Draft Capital Improvement 27 Oct Plans 27 Apr p 10 Nov Community Management Plan 11 May y 24 Nov Fee Schedule Update 25 May Community Management Plan - Community Survey Review 8 Dec None 18 Jun 22 Jun JPreliminary Budget Guidance b. Council Trainings, Orientations and Special Work Sessions. This is an opportunity for council members to propose and agree to additional trainings or orientations for council. Staff will 23 then prepare and execute the trainings. The table below lists upcoming proposed subjects and dates. Date and Time Subject March 7, 8:30- Salt and Commodities Tours 10:00 April 4, 10:00- Orono's Conservation Design Code 12:00 Orientation May 21 st and New Council Member Orientation (CM 22nd Schwingler) October 8th, Resiliency / Sustainability 9: 00-11: 00 Location Wayzata and Medina Staff Lead DJ Council Chambers Laura City Hall Dept Heads Adam, City Hall Laura, DJ, Joe 3. Process: The work session dates and times are set by the City's annual Meeting Calendar, which the staff presents and the council approves, in the November time frame, for the following year. Historically the city has scheduled 2 hours per month for work sessions. Some times that has been one 2 hours session per month with more recent schedules having two one hour sessions per month. These regularly scheduled meeting have then been augmented by special meeting to cover specific topics that do not fit within the regular schedule, or require additional time to adequately cover a given topic. 4. Staff Recommendation: I recommend the next work session occur as scheduled. If the council would like to adjust the schedule please provide that guidance and we can make the adjustment. COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. Exhibits A. Special Work Session Preservation 24 DRAFT COPY City Council Special Work Session Preservation of Natural Resources / Promotion of Sustainability 1. Guiding principles a. Definition of terms b. Brief overview of related 2040 Comp Plan goals c. City mission/vision/goals 2. Current practices overview a. Land use- new development/subdivision/code changes impacting rural character and preservation (previously requested from staff) b. Stormwater/infrastructure c. Public works/Parks operations/mowing and landscape practices/pesticide use/lake access maintenance d. Park commission role e. Energy use in municipal buildings f. Partnerships/grants/preservation and restoration initiatives/public education 3. Continuous improvement- future focus a. Resources/experts data driven planning process b. Model policy/initiatives from other municipalities c. Community development- natural resources coordinator d. Guidelines in upcoming Comp Plan e. MN Green Step Cities/Dark Sky Initiative f. Natural resources/sustainability commission Alisa Benson 8/21/25 25 AGENDA ITEM Date: September 8, 2025 Title: Resignation & Recruitment - Building Maintenance/Custodian Presenter: Joe Ruthenberg, Superintendent - Parks, Facilities Section: Consent Agenda Item: 4 Purpose: The purpose of the action item is to accept the resignation of Julia Aarestad, Building Maintenance/Custodian within the Parks & Facilities Department, and to begin the recruitment process to fill the vacancy created. 2. Background: Julia Aarestad was appointed to the Building Maintenance/Custodian position in December 2023. She has submitted her resignation, with her final day of employment scheduled for September 12, 2025. Ms. Aarestad has been a dedicated and valued member of the department and the City extends its gratitude for her service and contributions. 3. Recruitment: The recruitment process for the position involves advertising the position, application screening, interviews, background and reference checks. Upon completion of the process, a candidate will be presented to the council for consideration for appointment. The timeline for the process is as follows: September 9, 2025, Advertise position; September 22, 2025, Review Applications; September 22-24, 2025, Interviews, Reference Check, and Background Investigation; October 13, 2025, Council Approval/Appointment; October 27, 2025, New Employee's First Day. COUNCIL ACTION REQUESTED Staff recommends accepting the resignation of Julia Aarestad effective September 12, 2025, and to authorize staff to begin the recruitment process for the Building Maintenance/Custodian position. Exhibits A. Parks and Facilities - Building Maintenance Custodian 2025-09-08 26 CITY OF ORONO Position Title: Building Maintenance/Custodian Document Date: September 8, 2025 Department: Parks and Facilities Accountable to: Parks & Facilities Superintendent FLSA Status: Non -Exempt Union Status: International Union of Operating Engineers, Local No. 49 Nature of Work The Full -Time Custodian is responsible for maintaining a clean, safe, and sanitary environment in City facilities, including offices, restrooms, meeting rooms, and common areas. This position performs routine cleaning, minor maintenance tasks, and ensures that facilities are presentable for staff and public use. After receiving work direction, works independently to complete duties in a safe, timely manner. Supervision Received and Exercised This position reports to the Parks and Facilities Superintendent and does not supervise the work of other employees. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. • Performs daily, periodic, and emergency maintenance and repair activities to maintain the City's facilities. • Observes, maintains, and repairs equipment, buildings, and minimal landscaping. • Keeps logs on equipment and repairs, recommends replacements. • Handles inventory control. • Develops and executes preventative maintenance lists and schedules. 4A • Sweep, mop, vacuum, and clean floors in offices, conference rooms, hallways, restrooms, and other designated areas. • Clean and disinfect restrooms, including sinks, toilets, mirrors, and fixtures. • Empty trash and recycling receptacles; transport waste to designated disposal areas. • Dust furniture, shelves, and other surfaces; clean windows, glass doors, and mirrors. • Replenish supplies such as soap, paper towels, and toilet paper • Set up and take down furniture for meetings and events as needed. • Perform minor maintenance such as replacing light bulbs, tightening fixtures, painting repairs, and reporting repairs. • Monitor cleaning supplies inventory and notify supervisor when replenishment is needed. Ensure compliance with safety procedures and proper use of cleaning chemicals and equipment. • Assist with snow and ice removal from entrances and walkways as needed. • Report any safety hazards, building damage, or maintenance needs promptly. • Perform other duties as assigned by the supervisor. Required Knowledge, Skills and Abilities Knowledge: • Methods and materials used in facilities cleaning, and parks maintenance; • Equipment used in carrying out facilities and parks maintenance; • Occupational hazards and established safety practices Skills: • Active Listening: Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. • Equipment Maintenance: Perform routine maintenance on equipment and determining when and what kind of maintenance is needed. • Language Skills- Verbal communications skills needed to deal with the building users and with fellow employees. As questions arise, they must communicate with the public, answer questions and make decisions on facility use. Written communication skills are needed to leave correspondence with the day employees if problems arise or repairs are needed. Abilities: • Follow written and oral directions and work without on -site supervision and make on -site decisions related to work assignments; • Work effectively with other employees, contractor personnel, and other outside work crews; • Control Precision Able to quickly and repeatedly adjust the controls of a machine or a vehicle to exact positions. • Multi -limb Coordination — Able to coordinate two or more limbs (for example, two arms, two legs, or one leg and one arm) while sitting, standing, or lying down. It does not involve performing the activities while the whole body is in motion. • Arm -Hand Steadiness Able to keep your hand and arm steady while moving your arm or while holding your arm and hand in one position. 28 • Manual Dexterity Able to quickly move your hand, your hand together with your arm, or your two hands to grasp, manipulate, or assemble objects. Minimum Requirements • High School diploma or equivalent • Satisfactory results from motor vehicle records check and criminal background investigation Desirable Qualifications • Previous experience working in similar fields. • HVAC maintenance knowledge 29 AGENDA ITEM Date: September 8, 2025 Title: Annual Performance Review of the City Administrator Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Item: 5 Purpose: The purpose of this item is to summarize the closed session held on August 25th to review City Administrator Adam Edwards' performance in 2024. 2. Background: Pursuant to the State's Open Meeting Law, Minn. Stat. Section 13D.05, Subd. 3(a), the City Council conducted a closed meeting as part of its August 25th, 2025 regular council meeting to evaluate the performance of City Administrator/ City Engineer Adam Edwards in 2024. 3. Summary: The Mayor, all Council Members, as well as City Attorney Soren Mattick attended the closed session. At the meeting, the council completed the review. The Mayor then provided a summary to the City Administrator on August 28th. 4. Staff Recommendation: None. COUNCIL ACTION REQUESTED Motion to approve this summary. 30 AGENDA ITEM Date: September 8, 2025 Title: Proposal - Recycling Collection Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: Accept a proposal for residential recycling collection services Item: 6 2. Background: Staff review professional service contracts about every five years and the last time recycling services were reviewed was in 2019. Since then, the city has contracted with Waste Management for residential single -sort recycling collection. While the service has been solid, the purpose of the RFP is to solicit competitive proposals from qualified vendors to ensure cost-effective, reliable, and high -quality service for the residents of Orono. The RFP reflects input from relevant departments. It outlines the scope of services, evaluation criteria, and contract requirements necessary to secure a vendor that aligns with the city's service expectations and budget considerations. Orono approved a proposal request for organized curbside residential single -sort recycling services at its August 11 meeting. Orono received proposals from four haulers: Waste Management (current provider), Curbside Waste, The Buckingham Companies, and Republic Services. The review committee evaluated each proposal based not only on cost, but also on qualifications, experience, service delivery approach, and overall ability to meet the City's needs. Overall, Waste Management provides the best balance of price, proven qualifications, and service reliability and their familiarity with Orono ensures continuity and minimizes transition risks compared to other proposals. 3. Cost: Expenditures for recycling are budgeted in the 603 recycling fund. 4. Process: Staff will work with Waste Management and City Attorney to finalize a contract for Council consideration on September 22. Requirements: We are required to protect proposal information. Until a contract is awarded, the only thing made public will be the names of the companies that submitted proposals. The rest of the proposal details will stay private until the City Council selects a contractor and approves the contract. (Minn. Stat. 13.591 Subd. 3b) 6. Staff Recommendation: Staff recommends moving forward to draft a contract with Waste Management, the city's current recycling provider. COUNCIL ACTION REQUESTED Consider a motion to accept the proposal from Waste Management for organized curbside residential 31 single -sort recycling services and direct staff to finalize a contract with Waste Management for Council consideration on September 22. Exhibits B. Request for Proposals 32 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES OCTOBER 2025 TO SEPTEMBER 2030 City of Orono 2750 Kelley Parkway Orono, MN 55356 Christine Lusian City Clerk 952-249-4605 clusian@oronomn.gov \y� I I N SH0% G� 33 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES CONTENTS Purpose................................................................................................................................................................ 3 Background.........................................................................................................................................................4 Schedule..............................................................................................................................................................4 Instructions..........................................................................................................................................................5 Proposal...............................................................................................................................................................5 Services................................................................................................................................................................6 Selection............................................................................................................................................................10 ThankYou..........................................................................................................................................................11 Attachments......................................................................................................................................................12 PricingImpact...............................................................................................................................................13 FairCompetition...........................................................................................................................................14 WeightRestrictions......................................................................................................................................15 ResidentialStreets........................................................................................................................................19 SampleAgreement.......................................................................................................................................21 Page 2 of 27 34 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES PURPOSE The city of Orono, Minnesota (city) is seeking proposals from qualified haulers to provide comprehensive recycling services for all residential single-family households within the city for five years. The contract term will run from October 1, 2025, through September 30, 2030. The hauler will be capable of providing organized curbside residential single -sort recycling services to all city residents and responsible for the collection, processing, marketing, and public education related to recycling. In addition to core recycling services, the city welcomes proposals that include an optional subscription -based organics collection program. This optional service should also encompass weekly collection, processing, marketing, and public education efforts focused on organics. A key objective of the city is to maximize the recovery of recyclable materials from all households in the most cost-effective manner possible. This Request for Proposals (RFP) outlines the service standards and proposal requirements that will form the foundation of the city's recycling program. Proposers are encouraged to submit their most competitive and innovative proposals. Modifications to the stated requirements are permitted if the proposer clearly describes the proposed change, provides a rationale, and details all pricing implications. Each proposed service scenario must include a distinct and associated price. Proposers may structure pricing to include revenue sharing from recyclable material sales or may choose a flat -fee model, under which all revenue from recyclables is retained by the proposer. This RFP is not a binding contract and does not imply fixed contract terms. A final agreement will be negotiated with the selected contractor. The final executed contract will supersede both this RFP and the successful proposal, unless otherwise mutually agreed upon. Proposals must follow the specifications outlined in this Request for Proposals (RFP), be received by the city no later than August 24, 2025, and submitted using the forms included in this RFP or on forms that contain the required information. All questions, completed forms, and proposals should be submitted to: Christine Lusian City Clerk clusian@oronomn.gov 952-249-4605 Page 3 of 27 35 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES BACKGROUND Orono is a suburban rural community with about 8,382 residents (METC), located roughly 15 miles west of Minneapolis along the north shore of Lake Minnetonka. The city covers 25 square miles and about half of that area is water or wetland. Orono includes 40% of Lake Minnetonka's shoreline and 33% of the lake's surface area. The city is mainly residential, with mostly single-family homes and a small commercial area in Navarre. The city is governed by a City Council of five members (one is Mayor) with a City Administrator who handles day-to-day operations. Councilmembers serve overlapping four-year terms and meet on the second and fourth Mondays of each month. There are currently 3,413 residential units (homes with up to three units). There are no multi -family buildings with four or more units. The city's current recycling service offers single -sort (single -stream) recycling every other Tuesday. The city prefers to continue with the same collection day citywide. Commercial buildings arrange their own recycling service separately. Recycling and garbage trucks must follow a maximum weight limit of 18,000 pounds per axle (9 tons) on all residential streets, unless otherwise posted or approved by the City Council. During the spring load restriction period, most residential streets are posted at 4 tons per axle. While recycling and garbage trucks are exempt from this 4-ton limit, they must still follow the 9-ton per axle rule during this time. See Attachments for a map and list of residential streets. SCHEDULE The Request for Proposals (RFP) and selection schedule will be as follows. These dates are subject to change as deemed necessary by the city. Solicitation Opens August 12 Newspaper Publication August 16 Proposal Deadline August 24 Proposal Review August 25-29 Hauler Recommendation September 8 Page 4 of 27 36 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES Contract Approval (City Council) September 22 Service Begins October 1 INSTRUCTIONS Proposals must be received by the city no later than August 24. Proposals may be submitted by email, mail, or in person. If submitting by email, use the subject line: "Proposal for Recycling Service." Late proposals cannot be accepted. The city will review all proposals and may choose to interview selected finalists. Do not contact any City Council members about this RFP or your proposal. This is to ensure a fair and impartial process. Proposal data will be protected and maintained following Minn. Stat. 13.591, Subd. 3(b). Only the names of the companies that submit proposals will be made public before the contract is awarded. All proposal details will remain confidential until the City Council selects a contractor and authorizes a contract. PROPOSAL To be considered, each proposal must explain clearly how your company would carry out the recycling services requested and include the following information: Include the title of the proposal, your company name, address, phone number, main contact person, date, and a table of contents that lists all sections and page numbers for easy navigation. QUALIFICATIONS Your company should have strong experience with residential recycling collection. Include: • Name, address, phone number, and email of the person who will manage the recycling services for Orono. • A copy of your business licenses and/or any certifications. • Background on your company, how long you've been in business, number of employees, and office details. REFERENCES • Provide at least three references from public clients (like cities or counties). Page 5 of 27 37 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES • Disclose any potential conflicts of interest. ATTACHMENTS • Complete the fair competition affidavit. • Include your certificate of liability insurance. • Complete the pricing impacts and additional information page. This should include pricing for collection on the same day citywide. Please explain how the following factors would affect your pricing: • Bi-Weekly Collection (Factor 1) Recycling is currently picked up every other week on the same day. If your proposed schedule is different, explain the price impact. • Revenue Sharing (Factor 2) If the city shares in the revenue from recyclable materials (after processing costs), explain how this would change your pricing. • Weekly Pickup (Factor 3) If the city chooses weekly instead of every other week collection, explain the pricing difference. • Organics Collection (Factor 4) If you're interested in offering subscription -based curbside organics recycling, include a proposal and pricing impact. SERVICES RECYCLING SERVICES WHAT'S COLLECTED The contractor must collect the following recyclable items from all homes: • Newspapers, magazines, catalogs, office/school paper, and mail • Cardboard and paperboard (e.g., cereal and shoe boxes) • Glass bottles and jars • Metal cans (food and beverage) • Plastic containers #1—#5 (e.g., soda bottles, milk jugs, detergent bottles) • Aseptic containers (like juice boxes) and phonebooks • You may also include plastics #6 (styrofoam) and #7 (mixed materials if your company accepts them. The city may need additional services, based on local needs or Hennepin County rules. These extra services and fees will be negotiated and added in writing to the agreement. Page 6 of 27 38 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES RECYCLING CONTAINERS Single-family homes: You must provide recycling carts (around 64 gallons, smooth surface, consistent color, clearly marked with recycling symbols and instructions). You must maintain a supply of new and replacement carts, offer additional and/or alternative size (30- and 90-gallon) carts upon request at no extra charge, and distribute carts and recycling information before October 1 (or another agreed -upon date) to avoid service interruptions. Multi -family buildings: If a complexjoins the program, you must provide containers that are large enough for all recyclables between pickups. These should be placed in central recycling stations. PICKUP SCHEDULE Recycling collection must happen every other week on the same day for all households, unless approved and published in the recycling calendar or the city approves a different schedule. WHAT HAPPENS AFTER PICKUP You must also process and market (sell) the collected materials. This can be done by you or a subcontractor. COLLECTION WHO GETS SERVICE All homes, multi -family units, and city -owned buildings must receive curbside service. For homes with long or inaccessible driveways, you must work with the city and the resident to find a practical solution (e.g., walk-up service or smaller trucks). PICKUP TIMING Recycling is picked up every other week. Residents must set out carts by 7 am on collection day. No pickups before 7 am or after 7 pm. Drivers must return carts to the same spot (not in the street) and handle them with care. WRONG ITEMS IN BIN If a resident sets out non-recyclables, leave those in the bin along with a city -approved education tag explaining acceptable materials and proper recyclable material preparation. CLEANUP RESPONSIBILITIES Hauler must clean up any spills during collection. Trucks must carry a broom and shovel. Hauler is not responsible for taking non -recyclable items. Page 7 of 27 39 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES OUTREACH MATERIALS You must help the city publish a recycling calendar with holiday delays. Holidays include: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and any others agreed to. The city provides information through newsletters and its website. You must also educate residents (e.g., using tags for incorrect recycling, flyers, etc.) and all materials you distribute must be approved by the city at least one month in advance. MONTHLY REPORTING If materials aren't weighed separately, the Hauler's method for estimating must be approved by the city. Each month, you must report: • The number of households that put out recyclables • The amount and type of materials collected (in tons) • Where those materials were taken for processing • Average price per ton received for the materials Reports are due within 15 days after the end of the month (for volume/weights) and 30 days after the end of the month (for pricing/revenue). CUSTOMER SERVICE AND MANAGEMENT STAFFING You must have enough staff and equipment to meet service requirements. A Route Supervisor must oversee operations, have a two-way communication device, and be available daily to handle issues. CONTACT INFO Customer service must be available Monday —Friday, 7 am — 5 pm. You must also offer a 24-hour phone line or voicemail for after-hours calls. DRIVER EXPECTATIONS All staff must be trained in customer service and follow these rules: • Be polite, clean, and wear uniforms with ID, and drive safely • Handle containers carefully; clean up any mess, spillage, and litter; avoid property damage Page 8 of 27 40 REQUEST FOR PROPOSAL ORGANIZED CURBSIDE RESIDENTIAL SINGLE -SORT RECYCLING COLLECTION SERVICES • Follow all laws, hold a valid MN commercial driver's license (CDL), and never work under the influence of drugs or alcohol CITY CONTACT Assign a primary contact and backup for the city with direct phone numbers. These contacts are for city staff only. MISSED COLLECTIONS If notified by 11 am, missed pickups must be handled the same day by 7 pm. If notified after 11 am, pickups must happen by 7 pm the next business day. LAWS AND EQUIPMENT You must follow all state and local laws and keep your equipment clean and in good working condition. The city may inspect your trucks. PAYMENT AND INSURANCE PAYMENT TERMS The city will pay monthly, based on the number of certified households. You must submit an itemized monthly bill. The city updates household counts each December. MUNICIPAL BUILDINGS You must provide properly labeled carts or agreed -upon containers at no additional charge and collect recycling from: • City Hall (three buildings) • Orono Public Works • Orono Orchards Golf Course REVENUE SHARING • Crystal Bay Post Office • Navarre Fire Station • Long Lake Fire Department If the contract includes revenue sharing, you must credit the City monthly based on a mutually agreed -upon formula. If the market is poor, revenue can be $0, but the city cannot be charged. INSURANCE REQUIREMENTS You must carry and show proof of: • General Liability: $1 M per incident / $2M total (with umbrella/excess protection for the city) Page 9 of 27 41 • Auto Insurance: $1 M minimum (includes owned, hired, non -owned vehicles) • Workers' Compensation: Compliant with state law, plus • $500K per employee (illness or injury) • $500K total for illness • $500K for accidental injuries • You must ensure subcontractors are also covered. SELECTION RIGHTS The city reserves the right to: • Reject any or all proposals, or parts of them • Negotiate changes to proposals after they are submitted • Accept parts of a proposal based on more than just cost • Change the scope of work to increase or decrease the size or cost of the project 12.06141 •=1 The city intends to follow this general process to select a contractor: REVIEW City staff will review all qualified proposals and may ask for more details or clarification. Staff will try to negotiate a contract with the top -rated proposer. If that doesn't work, they may move on to the next best proposer. APPROVAL Once a draft contract is ready, city staff will bring it to the City Council for review and approval. A sample contract is included in the Attachment section. The new contract is expected to begin October 1, 2025, unless another date is agreed upon by both parties. CRITERIA The city will consider the following when choosing a contractor: • Understanding of the project and services required • Qualifications and ability to meet the city's needs Page 10 of 27 i V, • Experience with similar work and clients • Qualifications and experience of proposed staff • Involvement of key personnel • Feedback from past clients • Previous experience working with the city (if any) • Price of services TERMS AND CONDITIONS CONFLICT OF INTEREST City officials or employees involved in reviewing proposals cannot participate if they have a personal or financial interest in any proposal. CHANGES TO RFP The city may cancel or change this RFP at any time and reserves the right to select the contractor it believes is the best fit. You cannot assign or transfer this proposal to another party without written approval from the city. COSTS The city is not responsible for any costs you incur while preparing your proposal. INDEPENDENT CONTRACTOR If selected, you will be considered an independent contractor, not a city employee. You are responsible for your staff and their actions, not the city. THANK YOU Orono appreciates your interest and your commitment to providing quality services. We thank you for taking the time to prepare and submit your proposal. Your efforts contribute to our ability to make informed and responsible decisions that serve our community well. We look forward to reviewing your submission. Page 11 of 27 43 ATTACHMENTS Page 12 of 27 44 ATTACHMENT Pricing Impact Propose a price for each option and the impact on pricing in different scenarios. Company Name Contract Year Price Per Residential Unit Per Month Every Other Week Weekly Revenue Share Organics other Year 1: Oct 2025 - Sep 2026 Year 2: Oct 2026 - Sep 2027 Year 3: Oct 2027 - Sep 2028 Year 4: Oct 2028 - Sep 2029 Year 5: Oct 2029 - Sep 2030 Residential recycling collection service will be provided on the same day of the week throughout the city on an every -other -week collection schedule. Proposed Day Cart Size The City's current recycling contract provides recycling service every other week on Tuesdays. The city would prefer to have recycling service on the same day throughout the city. Please describe how maintaining the Tuesday schedule, or an alternate schedule, would impact your pricing proposal from your firm's route servicing perspective. Impact Currently, the city's recycling is collected on a bi-weekly schedule. If the city considered a weekly collection schedule, please describe how a weekly collection schedule would impact your pricing proposal. Impact If the city's contract with your firm were to require revenue sharing with the city from the resale of recyclable materials (minus processing charges) collected, please describe how that credit would impact your pricing proposal. Impact If the city considered the option to offer compostable organics collection services to residents. Please describe how subscription -based curbside compostable organics collection services would impact your pricing proposal. Impact Page 13 of 27 45 ATTACHMENT Fair Competition I am the person submitting this proposal, or I have the legal authority to sign on behalf of the company submitting it. This proposal was prepared independently. It was not created in agreement or coordination with any other company or person who provides similar materials, services, or equipment. No effort was made to reduce competition or fix pricing. No one outside of my company, its agents, or its bonding company has been given information about this proposal. No information has been shared with competitors or others reviewing proposals. I have checked and believe all statements in this affidavit are true and accurate under penalty of perjury. Signature Date Hauler Representative Name Hauler Notary Acknowledgment State of County of Subscribed and sworn to before me this day of , 20 by who is personally known to me or who has provided satisfactory evidence of identity. Notary Public Signature: Printed Name: My Commission Expires: Page 14 of 27 46 ATTACHMENT Weight Restrictions Page 15 of 27 iIl CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7 5 5 7 ESTABLISHING SEASONAL WEIGHT RESTRICTIONS ON ORONO PUBLIC CITY STREETS WHEREAS, axle weight limits are restricted on the following streets in the city of Orono to protect these streets from damage when road and weather conditions warrant in accordance with regulations as provided in Minnesota State Statutes Chapter 169.87. WHEREAS, weight restrictions are in effect during the spring thaw season. Streets may be posted for weight restrictions any time that road and weather conditions warrant weight limits to protect streets from damage. WHEREAS, impacted streets will be signposted. The city follows MnDOT scheduling from imposing and removing spring road weight limit restrictions Dates are posted at http://dotapp7.dot.state.mn.us/research/seasonal load limits/sllindex.asp or by calling (651) 366- 5400 or toll free at 1-800-723-6543. These dates generally fall between March, lst and May 15th dependent on weather conditions. WHEREAS, exceptions to the seasonal load limits in Orono are made for emergency response vehicles, school buses and emergency utility repair vehicles/equipment: WHEREAS, an exemption is provided for refuse collection vehicles to exceed the posted limits, except no refuse collections vehicles shall be operated during restricted times where the gross weight on any single axle exceeds seven (7) tons. WHEREAS, an exemption is allowed for utility companies providing utility service within the City when responding to an emergency. An emergency response shall include power outages, gas leaks, emergency communication, line down or severed, etc. WHEREAS, an exemption to posted weight limits is also allowed for septic tank service companies, well drilling and service companies, and companies delivering fuel for heating purposes. An emergency response is limited to septic or sewer system failures posing an imminent threat to public health and safety, well failure resulting in loss of water supply, or lack of heating fuel. WHEREAS, all persons requesting an exemption to the posted weight limits for response to an emergency situation must notify the Orono Police Department Administrative' office. This notification must include a description and location of the emergency, the number and weight of vehicles responding to the emergency, and the route to be used to reach the emergency site. The City reserves the right to request supporting documentation of the nature and location of the emergency. All persons responding to emergency situations shall limit travel on seasonal weight restricted streets to the minimum distance required to reach the site from the closest road that is Page 1 of 3 48 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7557 not subject to seasonal weight restrictions. RESOLVED that the Orono City Council limits the following streets to a four (4) ton axle per axle weight limit during the period of spring load restrictions: Arbor Street Baldur Park Road Barrett Avenue Bayview Place Bederwood Drive Birch Lane Blaine Avenue Bohn's Point Lane Bohn's Point Road Brackett's Point Road Briar Street Carman Road Carman Street Caroline Avenue Casco Avenue Casco Circle Casco Point Road Cherry Avenue Cherry Place Chevy Chase Drive Chippewa Lane Concordia Street Corral Road Country Club Road Crestview Avenue Crystal Avenue Crystal Bay Road Crystal Place Cygnet Place Dahl Road Dakota Avenue Dickenson Street Dickenson St. Alleys Dickey Lake Drive Dunwoody Avenue East Long Lake Road Eastlake Street Eileen Street Elm Lane Elm Street Elmwood Avenue Ethel Avenue Fagerness Point Road Fairview Cottage Lane Farview Lane Ferndale Green Ferndale Road West Forest Arms Lane Forest Lake Drive Forest Lake Landing Fox Ridge Road Fox Street Frederick Street Garden Court Glendale Cove Lane Glendale Drive Goldenrod Way Grandview Avenue Hackberry Hill Hanlon Avenue Heritage Drive Heritage Lane High Lane Highwood Lane Highwood Road Hunter Drive Ivy Place Keene Avenue Kelly Avenue Kenwood Way Lafayette Ridge Court Lakeview Avenue Lakeview Terrace Leaf Street Linden Avenue Linden Lane Livingston Avenue Loma Linda Avenue Long Lake Boulevard Lydiard Avenue Lydiard Circle Lyman Avenue Lyric Avenue Maple Lane Maple Place Mapleridge Lane Minnetonka Avenue Minnetonka Highlands Lane Minnie Avenue Myrtlewood Road Navarre Avenue Navarre Lane North Arm Drive North Arm Drive West North Arm Lane Northern Avenue Oak Street Old Beach Road Old Long Lake Road Olive Avenue Orchard Beach Place Orchard Park Road Orono Lane Orono Orchard Road Park Avenue Park Drive Park Lane Partenwood Lane Partenwood Road Pheasant Road Prospect Avenue Railroad Avenue Rest Point Circle Rest Point Lane Rest Point Road Russell Avenue Sandhill Drive Shadywood Cir Shevlin Drive Smith Avenue Spates Avenue Spring Hill Road Spruce Place Spruce Way Starkey Road Stubbs Bay Road Tamarack Drive Togo Road Tonka Avenue Tonkaview Lane Townline Road Turnham Road Vine Place Watertown Road Wear Circle Wear Lane North Webb Street Webber Hills Road West Lafayette Road Westlake Street Wildhurst Trail Willow Drive (South of Hwy 12) Willowbrook Road Windjammer Lane Woodhill Avenue Wood Duck Trail FURTHER, that the Orono City Council authorizes the following streets to remain at a nine (9) Page 2 of 3 49 ton per axle weight limit year-round: Brown Road North Ferndale Road North Kelley Parkway McCulley Road CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7557 Old Crystal Bay Road Willow Drive (North of Wayzata B1vd1CSAH 112) Adopted by the City Council of Orono, Minnesota at a regular meeting held on February 24, 2025. AT 7f Cluisti usi ity Clerk Bob Tunheim, Mayor Page 3 of 3 50 ATTACHMENT Residential Streets Page 19 of 27 51 4800 A 4400 B 4000 C 3600 D 3200 E 2800 F 2400 G 2000 H 1600 1 1200 J 800 K 400 L 1200 2 400 3 0 6 1200 7 1600 9 2400 10 2800 11 3200 4 City of Orono, MN Street Numbering Index Map Address Grid Quarter Half Section 22 21 12 11 NORTH 23 24 13 14 32 31 42 41 SOUTH 33 3443 44 Legend Address Grid City Limits y Surrounding Municipalities Waterbodies PUBLIC ROADS (UPPERCASE LABELS) Privately Maintained Public Access Roads (Lowercase Labels) �--�+ Railroad Existing Separated Trails 0 1200 I 3 0 6 1200 7 1600 9 2400 10 2800 11 3200 E) 0 1,600 Feet BOLTON ® & MENK Real People. Real Solutions. March 2021 52 ATTACHMENT Sample Agreement Page 21 of 27 53 MUNICIPAL RECYCLING AND WASTE AGREEMENT This Municipal Recycling and Waste Agreement (the "Agreement") is entered into on 2019 (the "Effective Date', by and between City of Orono, Minnesota, a municipal corporation created under the laws of the State of Minnesota ("City', and Waste Management of Minnesota, Inc. ("WM"), a Minnesota corporation. Recitals A. The City desires to provide its citizens with environmentally sound recyclable materials collection; B. WM and its affiliates have extensive experience in providing recyclable materials collection, disposal and processing; and C. The City has determined that it would be in the best interests of its citizens to contract with WM for the collection of its residential recyclable materials according to the terms and conditions contained herein. Agreements 1. DEFINITIONS a. Recyclables or Recyclable Materials - are defined in Exhibit A. Title to Recyclable Materials shall transfer to WM upon collection in WM vehicles. b. Residential Unit - shall mean a dwelling within the corporate limits of the City by a person or persons as a domicile. Apartment or condominium buildings with four (4) or more individual dwellings shall not be considered Residential Units and are, therefore, not covered by this Agreement. IL TERM The initial term of this Agreement shall be for five (5) years commencing on October 1, 2019, and ending on September 30, 2024 and thereafter shall automatically renew for successive renewal terms of one-year each, unless either Party gives the other Party written notice of its intention to terminate the Agreement at least ninety days prior to the end of the then -current term. All notices shall be served by certified mail, return receipt requested, or by a nationally recognized overnight courier service. III. SERVICES WM shall furnish the labor, equipment, licenses, permits, and other requirements necessary to provide Recyclable Materials collection to all Residents Units of the City, which currently consists of approximately 3,138 Residential Units (the "Service"). Recycling and refuse collector vehicles are restricted to a maximum weight on any single axle of 18,000 pounds (9-ton per axle weight limit) or as otherwise posted on all residential streets unless otherwise approved in advance by the City Council. As part of the Service, WM shall: i. Cart Supply. Each Residential Unit has already been provided a 64-gallon Cart for Recyclable Materials. New Residential Units will be provided a 64-gallon Cart for Recyclable Materials as they Units are added to the City. The Carts and equipment WM furnishes Residents and the City shall remain WM's property. Residents can request additional Carts at no additional cost per household if their recycling volume requires such. Residents may request larger or smaller Carts after 60-days into the Agreement. ii. Recyclable Materials Collection Frequency. Days and Times. WM shall provide recycling collection services to Residential Units on an every other week basis, subject to the terms and conditions in Exhibit A. The City and Residential Units shall ensure that only materials acceptable in accordance with Exhibit A are placed in the recycling containers. WM reserves the right to refuse recycling services where the materials are not properly segregated from waste or other non -recyclable material and shall leave an education tag setting forth reasons the Cart was rejected. iii. Exclusions from the Service - Notwithstanding anything to the contrary herein, the Service shall not include solid waste, yard waste collection, bulk or white goods collection, construction or demolition waste collection, or Christmas tree collection. Services to commercial establishments are not covered bythis Agreement. iv. Disposal. WM shall dispose or arrange to dispose of nonconforming Recyclable Materials, if any, collected under this Agreement only at solid waste disposal facilities that are licensed and permitted to accept such solid waste. Without limiting the foregoing, and City shall pay a contamination charge for additional handling, processing, transporting and/or disposing of Non-Recyclables and/or all or part of non -conforming loads. v. Holiday Schedule. The following shall be designated holidays on which the Service shall not be provided: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the succeeding Friday, Christmas Eve, Christmas Day. If a designated holiday falls on a regularly scheduled Service day, the Service will be performed on the next weekday vi. Cart Replacement. WM shall replace at no charge to the City or the individual Residential Unit any Cart that becomes damaged or destroyed during the provision of the Service, or that becomes unusable because of ordinary wear and tear. However, if a Cart in the possession of a Residential Unit is lost, stolen, damaged, or destroyed through no fault of WM, the occupant of the Residential Unit shall be responsible to compensate WM the fair market value for the replacement of such Cart. The Residential Unit shall be billed separately for such replacement cost. vii. City Facilities. WM shall provide recycling collection for City facilities located at 2700, 2730 and 2750 Kelley Parkway, the Orono Golf Course located at 265 Orono Orchard Road South, Long Lake Fire Department at 340 Willow Drive, Bederwood Park at 55 Stubbs Bay Road South, Navarre Park at 3408 Lyric Avenue, Summit Park Beach at 455 East Long Lake Road and the Navarre First Station at 3770 Shoreline Drive in Orono. Collection shall occur on the same schedule as Residential Units. b. Compliance with Laws. The Service shall be performed in accordance with all applicable statutes, laws, rules, regulations and ordinances 54 C. Personnel and Equipment The Service shall be performed by properly trained and licensed personnel inadequate numbers and with adequate vehicles and equipment to complete the Service in a safe and timely manner d. Complaints and Missed Pick -Ups. All complaints as to Ws provision of the Service, including alleged missed pick-ups, shall be given prompt and courteous attention. WM shall attempt to resolve all complaints promptly, and shall cure all missed pick-ups that are not the result of force majeure events within one (1) weekday, conditions permitting e. Anti -Discrimination. In performing the Service, WM shall not discriminate against any person on the basis of race, religion, sex, national origin, political affiliation, or physical and mental disability. f. Exclusive. The City grants the exclusive right to perform the Services set forth in this Agreement The City agrees that it will not allow anyone other than WM to lease carts to residents or engage in the collection of residential waste within the City. IV. HOUSE COUNT AND ADIUSTMENTS The estimated house count at the commencement of the term hereunder shall be 3,138 Residential Units; however, the Parties shall verify this house count prior to the initial billing under this Agreement and shall adjust the house count for billing purposes accordingly. Either Party may propose a prospective adjustment to the house count at any time during the term of this Agreement upon reasonable notice to the other Party, which adjustment shall be investigated jointly by the Parties to establish a new house count to apply thereafter. WM shall keep accurate route sheets and/or a Residential Unit database that shall be provided to City promptly upon its request V. FEES AND PAYMENTS a. Service Fee per Residential Unit. The fee per Residential Unit, per month, shall be Five Dollars and Five Cents ($5.05). The monthly fee paid to WM by the City shall be calculated based upon the current house count at the time each invoice is generated, times the fee per Residential Unit [e.g., Current House Count x Fee = Monthly Invoice Amount]. Annually, thereafter during the Term, the fee per Residential Unit, per month, shall be as follows: Contract Year Monthly Fee per Residential Unit 2020-2021 $5.25 2021-2022 $5.46 2022-2023 $5.46 2023-2024 $5.68 b. Annual Increase. Annually, the monthly fee per Residential Unit shall be adjusted on each anniversary of the effective date of this Agreement except in year 3 by four percent (40/6). C. Invoices and Payment. WM will submit monthly invoices to the City and the City shall have thirty (30) days from the invoice date to remit payment in full. Payment by City shall be made by check or wire transfer or ACH debit The maximum interest permitted by law shall be applied to balances due and unpaid after more than fifteen (15) days beyond the due date. d. Changes in Law. Notwithstanding anything to the contrary in this Agreement, WM may modify the rates to account for any increase in costs due to uncontrollable circumstances, including, without limitation, changes in local, state or federal laws or regulations, disposal or processing costs, third party transportation costs, imposition of taxes, fees or surcharges, municipal franchise fee increases and acts of God such as floods, fires, etc. VI. DEFAULT AND TERMINATION The failure of either Party to perform a material obligation under this Agreement shall be considered a breach of this Agreement, and the breaching Party shall be in default In the event of default, the non -defaulting Party shall give written notice of the default, and the defaulting Party shall have: (i) ten (10) days from the receipt of the notice to cure any failure to pay money under this Agreement, or (ii) thirty (30) days from the receipt of the notice to cure any other default under this Agreement If the defaulting Party fails to cure the breach within the allotted time, the non -defaulting Party may, at its option, immediately terminate the Agreement In the event of a default, the defaulting Party agrees to pay all damages caused by said default, to include, without limitation reasonable attorneys' fees and costs associated with enforcement of this Agreement. Under no circumstances shall the Parties be liable for any consequential, indirect, punitive or special damages for any alleged default under this Agreement. VII. FORCE MAIEURE WM's performance of the Service may be suspended and its obligations hereunder excused during the pendency of a cause or causes beyond its reasonable control, such as by way of example and not limitation: acts of war, public enemy, civil disturbance, riot or disorder; epidemic or pandemic; acts of God such as landslide, lightning, earthquake, fire, storm, the impending approach of a storm, or flood; explosion; restraining orders, interference by civil or military authorities, strike, statute, ordinance, government order or ruling; or other similar causes. In the event of an occurrence of a force majeure event, WM shall notify the City immediately, in writing, describing the particulars of the circumstances preventing performance of the Service and its expected duration. Notice shall be provided after the effect of such occurrence has ceased. VIII. INDEMNIFICATION a. To the fullest extent permitted by law, the City agrees to indemnify, defend, and hold WM harmless from and against all claims and actions, suits, debts, damages, liabilities and costs whatsoever, including but not limited to attorneys' fees and costs of defense, based upon or arising out of the City's breach of this Agreement, and based upon or arising out of any injuries (including death) to persons, or damage to property, to the extent caused in whole or in part by the negligent acts or omissions of the City, or any of its directors, officers, employees, agents, or subcontractors, in the performance of this Agreement 61.1 b. WM agrees to indemnify, defend, and hold the City harmless from and against all claims and actions, suits, debts, damages, liabilities and costs whatsoever, including but not limited to attorneys' fees and costs of defense, based upon or arising out of the breach of this Agreement, and based upon or arising out of any injuries (including death) to persons, or damage to property, to the extent caused in whole or in part by the negligent acts or omissions of WM, or any of its directors, officers, employees, agents, or subcontractors, in the performance of this Agreement. c. Notwithstanding any provisions to the contrary, WM shall not be responsible for any damage to pavement or curbing that is the result of ordinary wear and tear during the performance of the Service. d. The indemnification obligations of this section shall survive the termination or expiration of this Agreement for any reason. IX. INSURANCE WM shall maintain at its own cost and expense the following minimum limits of occurrence -based insurance during the term of this Agreement; Type Amoun A. Worker's Compensation Statutory B. Employer's Liability $500,000 C. Comprehensive General Liability $500,000 per occurrence $1,000,000 aggregate D. Automobile Liability (owned and non -owned) i. Bodily Injury $1,000,000 per occurrence ii. Property Damage Liability $500,000 per occurrence E. Excess/Umbrella $500,000 per occurrence The City, its elected and appointed officials and employees, shall be included as additional insured parties under the CGL, Automobile and Excess/Umbrella coverages. Prior to commencement of the Service, WM shall deliver to City a certificate of insurance evidencing the required coverages. This certificate shall provide that any change restricting or reducing coverage, or the cancellation of any policies under which certificates are issued, shall not be valid unless at least 30 days' written notice of cancellation is provided. X. _MISCELLANEOUS PROVISIONS a. Independent Contractor. WM shall perform the Service as an independent contractor. WM, its officers, employees, agents, contractors or subcontractors, are not and shall not be considered employees, agents or servants of the City for any purpose whatsoever under this Agreement or otherwise. WM at all times shall have exclusive control of the performance of the Service. Nothing in this Agreement shall be construed to give the City any right or duty to supervise or control WM, its officers, employees, agents, contractors, or subcontractors, nor to determine the manner in which WM shall perform its obligations under the Agreement. b. Amendments. No amendment to this Agreement shall be made except upon the written consent of both Parties. C. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties hereto with respect to the subject matter and supersedes any prior and contemporaneous agreements and understandings, express or implied. d. Waiver. A waiver by either Party of any breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach, whether similar or dissimilar, or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance. e. Severance. In the event that any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, or unenforceable, the balance of this Agreement shall remain in effect and binding on the Parties. f. Choice of Law. This Agreement shall be governed by the laws of the state of Minnesota, without regard to choice of law rules. All proceedings related to this Agreement shall be venued in Hennepin County, Minnesota g. Assignment. Neither Party may assign its rights and obligations under this Agreement without the prior written consent of the other Party, except that WM may assign its rights and obligations under this Agreement to any WM affiliate without the City's consent. An assignment shall not relieve the assignee of any obligations under this Agreement. h. Notice. All notices required or permitted under this Agreement shall be in writing and shall be personally delivered, sent by certified mail, return receipt requested, or by overnight courier, with copies to counsel for the respective Parties. i. Ownership of Documents. All reports, plans, specifications, data, maps, and other documents produced by WM solely and exclusively for City in the performance of the Service under this Agreement shall be the property of the City. j. Government Data/Privacy. WM agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. WM understands that all of the data created, collected, received, stored, used, maintained, or disseminated by WM in performing those functions that the City would perform is subject to the requirements of Chapter 13, and WM must comply with those requirements as if it were a government entity. This does not create a duty on the part of WM to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. k. Savings Clause. If any court finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect. IN WITNESS THEREOF, the parties have executed this Municipal Recycling and Waste Agreement as of the Effective Date indicated above. Waste Management of Minnesota, Inc. Orono, Minnesota 56 Signature: c Printed Name: �jl✓Q9 Title: Signature: W96-z� Printed Name: Title: 57 EXHIBIT A SINGLE STREAM SPECIFICATIONS RECYCLABLES must be drv, loose (not baeeedl. unshredded. emuty. and include ONLY the following: Aluminum cans Newspaper PET bottles with the symbol #1 - with screw tops only Mail HDPE plastic bottles with the symbol #2 (milk, water bottles detergent, and shampoo bottles, etc.) Uncoated paperboard (ex. cereal boxes; food and snack boxes) PP plastic bottles and tubs with symbol # 5 - empty Uncoated printin& writing and office paper Steel and tin cans Old corrugated containers cardboard (uncoated) Glass food and beverage containers* - brown, clear, or green Magazines, glossy inserts and pamphlets 1 :1 NON-RECYCLABLES include, but are not limited to the following: Plastic bags and bagged materials (even if containing Recyclables) Microwavable trays Porcelain and ceramics Mirrors, window or auto glass Light bulbs Coated cardboard Soiled paper, including paper plates, cups and pizza boxes Plastics not listed above including but not limited to those with symbols #3*, #4*, #6*, #7* and unnumbered plastics, including utensils Expanded polystyrene Coat hangers Glass and metal cookware bakeware Household appliances and electronics, Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multi -laminated materials Needles, syringes, IV bags or other medical supplies Food waste and liquids, containers containing such items Textiles, cloth, or any fabric bedding, pillows, sheets, etc. Excluded Materials or containers which contained Excluded Materials Napkins, paper towels, tissue, paper plates, and paper cups Any paper Recyclable materials or pieces of paper Recyclables less than 4" in size in any dimension Propane tanks, batteries Cartons* Aseptic Containers* DELIVERY SPECIFICATIONS: Material delivered by or on behalf of Residential Unit may not contain Non-Recyclables or Excluded Materials, "Excluded Materials" means radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous or toxic substance or material, or regulated medical or hazardous waste as defined by, characterized or listed under applicable federal, state, or local laws or regulations, materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other materials that are deleterious or capable of causing material damage to any part of WM's property, its personnel or the public or materially impair the strength or the durability of WM's structures or equipment. WM may reject in whole or in part, or may process, in its sole discretion, Recyclables not meeting the specifications, including wet materials, and City shall pay WM for all increased costs, losses and expenses incurred with respect to such non -conforming Recyclables including costs for handling, processing, transporting and/or disposing of such non -conforming Recyclable Materials which charges may include an amount for WM's operating or profit margin ("Cost"). Without limiting the foregoing, and City shall pay a contamination charge for additional handling, processing, transporting and/or disposing of Non-Recyclables, Excluded Materials, and/or all or part of non -conforming loads and additional charges may be assessed for bulky items such as appliances, concrete, furniture, mattresses, tires, electronics, pallets, yard waste, propane tanks, etc. In the event a Cart is rejected, WM will leave an education tag citing the reasons for the rejection. WM reserves the right upon notice to discontinue acceptance of any category of materials set forth above as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials. Collected Recyclables for which no commercially reasonable market exists may be landfilled at City's Cost. * Glass may not be accepted in all locations. Cartons, aseptic containers and other plastics may be allowed if approved in writing by WM. V6 February 2019 58 AMENDMENT TO MUNICIPAL RECYCLING. AND WASTE AGREEMENT This Amendment to the Municipal Recycling, and Waste Agreement is made and entered as of this day of October 2024 by and between the City of Orono, MN ("City"), and Waste Management of Minnesota, Inc. ("WM"). Recitals 1. The City and WM executed a Municipal Recycling, and Waste Agreement on September 23, 2019 (the "Agreement"). 2. The City and WM now desire to amend the Agreement as described below. Amendments The City and WM hereby agree to amend the Agreement as follows: 1. 0 Term. The Term of the Agreement shall be extended for a period of 12 months, through and including September 30, 2025. The Agreement may be further extended by mutual agreement in writing signed by both parties. Fees and Payments. Section V. a. Service Fee Per Residential Unit, shall be replaced with the following: Contract Year 2024-2025 Monthly Fee per Residential Unit $5.90 No Other Changes. Except as amended herein, all other terms of the Agreement will continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and year first above written. CITY OF ORONO, MINNESOTA ) ,QC Title:► /, '.1 Date: �� WASTE MANAGEMENT OF MINNESOTA, INC. M Title: Date: 59 AGENDA ITEM Date: September 8, 2025 Title: LA25-000031, 650 Brown Road North, Variances - Resolution 7618 Presenter: Matt Karney, Planner Section: Consent Agenda Item: 7 Purpose: The applicant requests an average lakeshore setback variance to construct a building addition to the existing residence. 2. MN§15.99 Application Deadline: The application was made on July 10, 2025 and deemed complete on August 5, 2025. The 60-day review period is to expire on October 4, 2025. 3. Background: The owner/applicant proposes a second -story addition to the existing residence, within the average lakeshore setback. This setback bisects the house, and was reestablished following the construction of a new home on the adjacent property to the north. The addition maintains an approximately 290-foot setback from the OHWL, however, the addition encroaches 13 feet lakeward of the average lakeshore setback. Link to Planning Commission packet. (Application Materials Found Here) 4. Planning Commission Vote and Comment: On August 18, 2025, the Planning Commission held a public hearing and discussed the requested variance. Following the public hearing, the Commission voted 6-0 to recommend approval of the variances as recommended by staff. Link to Planning Commission video. 5. Public Comment: No public comments have been received. 6. Staff Recommendation: Planning Staff recommends approval. COUNCIL ACTION REQUESTED Council should move to adopt Resolution 7618. Exhibits A. Resolution 7618 B. Survey C. Building Plans D. Draft PC Minutes 60 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7618 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 6.12.6240 FILE NO. LA25-000031 WHEREAS, on July 10, 2025, Warren Garrett (hereinafter the "Owner"), applied for a variance from the City Code for the property addressed 650 Brown Road North, Orono and legally described as: That part of Government Lot 1, Section 34, Township 118 North, Range 23 West of the 51" Principal Meridian lying South of a line drawn East at right angles to the West line of said Government Lot 1 from a point thereon distant 1,170.7 feet South along said West line from the Northwest corner of said Government Lot 1, Except that part lying easterly of the Northeasterly extension of the Northwesterly line of Block 8, Town of Long Lake, according to the United Stated Government Survey thereof, Hennepin County, State of Minnesota (hereinafter the "Property"); WHEREAS, the Owner has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 6.12.6240 for a 130-square-foot addition to the primary residence 12.7 feet lakeward of the average lakeshore setback line; and WHEREAS, on August 18, 2025, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 18, 2025, the Planning Commission voted 6 to 0 in favor of a motion to recommend approval of the variance as recommended by staff; and WHEREAS, on September 8, 2025, 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: 61 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7618 FINDINGS OF FACT: Al. This application was reviewed as Zoning File LA25-000031. 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. A2. The Property is located in the LR-1A, One -Family Lakeshore Residential Zoning District. A3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District, and the Applicant is proposing 19.13% hardcover, where 25% is allowed, with this project. A4. The Applicant applied for average lakeshore setback variance for the proposed project. A5. In considering this application for a variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: B1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance; the addition is proposed in a location where lake views will not be impacted; and B2. Variances shall only be permitted when consistent with the comprehensive plan; a variance to add to an existing single-family residential home is consistent with the plan; and B3. Variances may be granted when the Applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls; the Owner proposes a reasonable addition that does not impact lake views; and b. The plight of the landowner is due to circumstances unique to his property not created by the landowner; the existing residence was built before the homes adjacent to it, 62 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7618 creating a practical difficulty for the Owner as it is now within the average lakeshore setback defined by the newer homes; and c. The variance, if granted, will not alter the essential character of the locality; the proposed home addition would not impact the neighbors' views of the lake whatsoever, nor substantially encroach into the lakeshore setback, and will fit the character of the area. B4. Economic considerations alone do not constitute practical difficulties; economic considerations have not been a factor in the variance approval determination; and 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; and B6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located; this condition is not applicable; and 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; and B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property; the addition is proposed in a portion of the house where the townhomes to the south will not see it, and where existing portions of the house will screen the addition from the northern property, not impacting their views of the lake; and B9. The conditions do not apply generally to other land or structures in the district in which the land is located; based on the timing of development in the area, the adjacent residence to the north was constructed to meet the average lakeshore setback, but created a new average lakeshore setback line bisecting the Owner's home; and B10. 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 to preserve the Owner's right to improve their home, especially as the lake views from neighboring will not be impacted by the home addition that is approximately 290 feet from the lakeshore; and 1311. 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 a variance 63 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7618 would not be contrary to the intent of the average lakeshore setback to protect the lakeviews of adjacent owners; and B12. The granting of such variance will not merely serve as a convenience to the Applicant, but is necessary to alleviate demonstrable difficulty; the home addition is in a reasonable location that happens to be lakeward of the average lakeshore setback. Given the distance from the home to the lake, the lake views that the setback is designed to protect are not impacted by the proposal. 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 Section 6.12.6240 for a 130-square-foot addition to the primary residence 12.7 feet lakeward of the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the construction plans and survey submitted by the Applicant, 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 Owners, but are permissive only and must be exercised by obtaining a permit for the building addition and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 8, 2026). 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 September, 2025. ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 64 ;.' CERTIFICATE OF SURVEY FOR / HENNEPIN COUNTY MONUMENT AT THE NW COR OF GOV'T LOT 1 / SECTION 34-118-23 W,, ARREN P. GARRETT IN GOV'T LOT 1, SECTION 34-118-23 / HENNEPIN COUNTY, MINNESOTA -WEST LINE OF GOV'T LOT 1 / SECTION 34-1 18-23 / / 33 / / 33 •EAST LEGAL DESCRIPTION OF PREMISES That part of Government Lot 1, Section 34, Township 118 North, Range 23 West of the 5th Principal Meridian lying South of a line drawn East at right angles to the West line of said Government Lot 1 from a point thereon distant 1170.7 feet South along said West line from the Northwest corner of said Government Lot 1, Except that part lying easterly of the Northeasterly extension of the Northwesterly line of Block 8, Town of Long Lake, according to the United States Government Survey thereof, Hennepin County, Minnesota. o denotes iron marker (908.3) : denotes existing spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, and the location of an existing house, garage, with spot elevations and topography around said buildings, and the location of all visible "hardcover and the proposed location of two proposed additions thereon. It does not purport to show any other improvements or encroachments. DATE 8-4-25 AVERAGE LAKESHORE SETBACK LINE & 100' LAKE SETBACK LINE ADDED I hereby certify that this plan, specification, or report was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. r r R, •� a .�- Mork S. S. Gronberg Minnesota Lic se Number 12755 BLDG EXISTING HOUSE / # 1925 / LAKESIDE TR / / / / W SAY SANCTUARY /F-,AVERAGE LAKESHORE / SETBACK LINE 6 WOOD 1 ; PRIVACY FENCE �9 (V) ---89 4,/ � �9 O 96`b 0 ._.•••'EC�PMENT 80 (WIE-ST SHORE TOWN NOMES� (COMMON SOT) S C A L E I N F E E T 1096. 90 i I I LONG \ 75' -O\\ 100' \ \ SETBACK LAKE SETBACK--' \LINE r?\ LINE \ �� \ n \ 944.3 CONTOUR SURVEYS 1�� "' ' LINE (O.H.W.) \ LINE BOULDER \ BORDER/WALL (T) � I� 101 122� � to a I NE' LY EXTENSION OF THE NW' LY LINE OF BLOCK 8,•.,• TOWN OF LONG LAKE i i 00r' 3� GRONBERG 8c ASSOCIATES, INC. CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS. 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 952-473-4141 1 "=40' DATE 1-30-25 JOB NO. 25-021A 25-021A - EXISTING RIM AND CORNER WALLS - TO BE REMOVED AS REQ. FOR NEW BEAM POCKETS AND POSTS, FIELD VERIFY BEDROOM EXISTING CLOSET WALLS AND HARDWARE TO BE REMOVED EXISTING DOOR TO BE REMOVED AND JAMB CUT TO APPROPRIATE DEPTH - - FOR REINSTALLATION w z MECHANICAL U w a ,.................- SUMP EXISTING SLAB TO BE REMOVED PIT AS REQ. FOR NEW PLUMBING WALL KEY EXISTING WALL TO REMAIN = EXISTING WALL TO BE REMOVED = GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. PLAN - lower level existing + demolition SCALE:1/4" = 1'-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 �S Q O + -0 � O Cr O LO M Lo Z C: _O m +-' -0 p L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 01 66 - EXISTING WALL TO BE - REMOVED FOR ADDITION EXISTING WINDOWS TO BE REMOVED/RECYCLED WALL KEY EXISTING WALL TO REMAIN = EXISTING WALL TO BE REMOVED = GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. BEDROOM o � 1U cD C° o z 2 m o RAILING TO BE REMOVED N o 0 d @) m AS REQ. FOR NEW WALLS xLJ w o LU I. < J L N w aQo~ o J > L.L. O 0+DOORS TO BE F- � w I REMOVED X �' W J LL 1 W_ W - m> o ALL PLUMBING AND LLJ > a BATHROOM FINISHES oLU TO BE REMOVED , U w I +o� II w DOORS AND CABINET HARDWARE TO BE REMOVED O o O = O o ~ PLAN - main level existing + demolition SCALE:1/4" = 1'-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q O + -0 � O Cr O LO M Lo (D _O }' m Z J +-' -0 p L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 02 67 > LLm oa z J O a ~ U ❑ za❑ a ADDITION ABOVE w o b-——— — — — — — —— `, z w w 2 > w La LL w V-4", VERIFYL WALL KEY EXISTING WALL TO REMAIN = NEW WOOD STUD WALL = ■ GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. 05. ALL CABINETRY, COUNTERTOPS, PLUMBING FIXTURES, AND FINISHES TO BE DETERMINED. PROVIDE ALLOWANCES AS REQUIRED FOR BID. 06. NEW SLIDING DOOR HARDWARE TO BE DETERMINED. 07. NEW INTERIOR DOORS, DOOR HARDWARE, AND CASING/TRIM TO MATCH EXISTING. MOVABLE LINEN CABINET FOR MECHANICAL ROOM ACCESS, VERIFY OPTIONS w/ OWNER PLAN - lower level addition + remodel SCALE:1/4" = V-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641I These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. -0 LO � M O O Lo Lo O Q + c: m O Z J +� +-' p -0 L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BIDA - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 03 68 3- 1 3/4" x 9 1 /4" LVL BEAM, FLUSH, HUC610 HANGER MAX w/ #10 x 2 112 / SD SCREWS @ INT. F.O. BEAM 1 \�_ _ _ _ 6 x 6 TREATED POST, 08 LCE4Z CAP EACH FACE, I MSTA1 8Z VERT. STRAP, ABU66Z BASE = l w/ 5/8" x 6" SIMPSON TITEN, 1 2" � x 60" CONC. PIER w/ 1 - #4 VERT. L.L l REBAR, 24" N BOT. BELL w/ COMPACTED X I GRANULAR BACKFILL AND COMPACTED Q l BASE OF EXCAVATION co j I 2 x 10 FLOOR JOISTS @ 1 6" o.c. m J! w/ LUS210 HANGERS E.E. l 2 x 10 LEDGER w/ 2- ROWS 1 /4" x 3 1 /2" SDS SCREWS @ 1 6" o.c. TO EXISTING 2 x 10 RIM I I I EXISTING FLOOR JOISTS ASSUMED, FIELD VERIFY AS REQ. ------------- I I J ---_1 _ ___ 0 GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. 2 x 10 LEDGER w/ 3 - ROWS 1 /4" x 3 1 /2" SDS SCREWS @ 1 6" o.c. TO EXISTING 2 x 10 RIM, REMOVE BUILT -RITE SHEATHING IF EXISTS AND REPLACE w/ 3/4" PLY. GLUED + NAILED TO FRAMING POCKET BEAMS INTO WALL, BEAR 3" ONTO WALL PLATE ONTO 2 - 2 x 6 STUDS, ATTACH TO PLATE w/ 4 - 1 /4" x 3 1 /2" SDS TOE -SCREWS, ATTACH TO RIM w/ LSTA1 2 HORIZ. STRAP AND LSTA18 VERT. STRAP TO POST PLAN - main level framing addition + remodel SCALE:1/4" = V-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641I These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 Q O + _0 O O L0 M � Ur _O }' . Z � J +-+ p C9 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 04 69 5 1 /2" O LL LL J N z Q N -� V) Q � w ''� C5 U 00 = = N (D N � W F z U UCA UCAP UCA 2456 4056 2456 7'-5" R.O. BEDROOM ao vNi N U � LUA - L Q :Dw N � CO 2'-8" POCKET N \ U F- M o z N EQ. EQ. w F w Z w z w _- O = Q Q z (n I.-: w LU N U 2 (D Z J w Q z z 16" N w mood zo((/)z== N w w w o U Q 00 W W 2 �Nzoofj Lu w N 0LAUNDRY C5 CLOSET L9w z� 00 U 2 I8" i C 0 0 o 16" N H J_ ED m ALIGN EXT. F.O. NEW SHEATHING w/ EXT. F.O. EXISTING SHEATHING WALL KEY Z� N U _ I�0I o EQ. EQ. o0 M EXISTING WALL TO REMAIN NEW WOOD STUD WALL = GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. 05. ALL NEW WINDOWS SPECIFIED FROM MARVIN ULTIMATE. TEMPERED GLASS AND FALL PROTECTION PER CODE REQUIREMENTS. DETAILS TO MATCH EXISTING WINDOWS. CONTACT ARCHITECT WITH QUESTIONS. 06. ALL CABINETRY, COUNTERTOPS, PLUMBING FIXTURES, AND FINISHES TO BE DETERMINED. PROVIDE ALLOWANCES AS REQUIRED FOR BID. 07. NEW INTERIOR DOORS, DOOR HARDWARE, AND CASING/TRIM TO MATCH EXISTING. N 3 11211 U)'I'I M 'IS LID T LID SH ER Z 0 L CENTER SINK � Y CENTER Q 00 T _ AND WINDOW N 0 DOOR al DRYER WASHER VACUUM _ _ _ PPER CABIN T LINEN NJ CABINET 24" 3 1 /2" 3'-8" ordr FIN. L -V ALIGN I_w Iw Na w BATH ---------------------------, 18" CO CNTR N VELUX RIGID SUN TUNNEL SKYLIGHT, OR APPROVED EQ., CENTER ON DOORWAYS AND WALL FILL WALL AS REQ. TO REMOVE CORNER VELUX RIGID SUN TUNNEL SKYLIGHT, OR APPROVED EQ., CENTER IN ROOM SLOPED CEILING UNDER BENCH FOR HEAD HEIGHT CLEARANCE @ STAIRWAY AS REQ., CONTACT ARCHITECT FOR DETAIL AS REQ. I VELUX RIGID SUN TUNNEL SKYLIGHT, OR APPROVED EQ., CENTER ON VANITY AND DOORWAY 0 0 o O 30" FIN. 1 5" FIN. N 3 1 /2" STUD TO STUD NEW 2 x WALL AS REQ. TO ALIGN FIN. EACH SIDE VELUX RIGID SUN TUNNEL SKYLIGHT, OR APPROVED EQ., CENTER IN ROOM PLAN - main level addition + remodel SCALE:1/4" = 1'-0" Wallace ARCHITECTURE. PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q O + _0 �NO O LO M Lo Lo VI c: O m +-' O O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BIDA - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 051 70 _ (7 C7 w z = H Q w J = d U J F_ J Q a2 � O w Z i Z Q w 0 0 z Q 0 w V) N Q PROVIDE ROOF TRUSS RAKE WALL BRACES, SEE DETAIL 1 /09 2-2x8HEADER NEW MONO -ROOF TRUSSES @ 24" o.c.; `x° w I ROOF PITCH, HEEL HGT., N Q I OVERHANG TO MATCH EXISTING, N = I LAP w/ EXISTING TRUSS OVERHANG AND ATTACH TRUSS TO TRUSS w/ 2- 1 /4" X 3 1 /2" SIDS SCREWS @ TOP CHORD, ATTACH TRUSS TO NEW WALL PLATE w/ H2.5A TIE, HANG @ LEDGER w/ LUS210 2 x 10 LEDGER @ BOT. CHORD w/ 3 - RO S- 1_/4" x 4 1 /2" SIDS SCREWS @ 24" o.c 8 _ TO EXIST. TRUSS HEELS, REMOVE EXIST. _ BUILT -RITE SHEATHING BEHIND LEDGER AND REPLACE w/ 3/4" PLY. GLUED + NAILED X w TO EXIST. TRUSS HEELS LU N = i ! 2 - 2 x 6 - Z w I o IN w w= ! R J J Q N ER N w cn > Z_ D o W w Ww w Z 00 N O N w Q Oa w w z I--- w Z z = -J U Q Q L w z Q U, U J LU J w j N GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. 05. SEE ATTACHED STRUCTURAL LETTER FOR MORE INFORMATION. 06. ATTACH ALL TRUSS/RAFTER ENDS WITH SIMPSON 1 /4" x 6" SIDS SCREWS AT ALL TOP WALL PLATES UP INTO FRAMING. 07. USE 1 /2" PLYWOOD SHEATHING. NAIL WITH 8d AT 4" ON CENTER. 08. PROVIDE MINIMUM 1 - 2 x TRIMMER STUD AND 1 - 2 x KING STUD UNLESS NOTED OTHERWISE. 09. BLOCK SOLID BELOW ALL POSTS TO FOUNDATION. 10. BEAR FULL WIDTH OF ALL BEAMS/HEADERS/GIRDERS. 1 1 . MEND ALL FASCIA BOARD BUTT SPLICES WITH SIMPSON LSTA24 HORIZONTAL STRAP. 12. EXTEND PLYWOOD WALL SHEATHING UP FACE OF FRAMING HEEL AND NAIL. STOP SHORT FOR VENTING AS REQUIRED. 1 3. EXTERIOR STUDS TO BE 2 x 6 AT 1 6" ON CENTER. 14. BUTT EXISTING WALL PLATES AND NAIL TO NEW WALL PLATES AT ALL INTERSECTING WALLS WITH TP39 NAIL PLATE. 15. ATTACH FIRST STUD TO EXISTING STUD/LADDER BLOCKS WITH 1 /4" x 4 1 /2" SIDS SCREWS AT 1 6" ON CENTER. 16. NEW FINISH CRACKS ARE LIKELY AND CAN BE COMMON IN REMODEL CONSTRUCTION. IF EXISTING LOAD -BEARING WALL AND BEAM NEEDED TO REPLACE, y� 3 - 1 3/4" x 5 1 /2" LVL BEAM, CONT., DROPPED, Ix o TOE -SCREW UP INTO EXISTING ROOF TRUSS BOT. CHORDS, N w FIELD VERIFY FLUSH BEAM OPTION AND COST w/ OWNER, N = IF LOAD -BEARING, POSSIBLE TRUSS REPAIRS REQ., CONTACT ARCHITECT cfl I�N I /,C+Szw El I �°O I F<`n_`S� 0 T, III`X w IIIN a IIIN = PLAN - roof framing addition + remodel SCALE:1/4" = 1'-0" Wallace ARCHITECTURE, PLLC I 311 Third Street Excelsior, MN 55331 952.913.9641I These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. � Q � O � + _0 � O Cr O0 LO M Lo Z Ur C: _O }' m z J �--+ 0 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 06 71 ROOF PITCH TO MATCH EXISTING NEW GABLE SHINGLES AND HORIZ. TRIM BOARD TO MATCH EXISTING AND BE EXTENDED OVER ADDITION NEW SIDING TO MATCH EXISTING, LACE INTO ORIGINAL SIDING NEW FASCIA TO MATCH AND EXTEND FROM EXISTING 0. WALL PLATE @ ADDITION TO ALIGN w/ EXISTING NEW SOFFIT DETAIL TO MATCH AND EXTEND FROM EXISTING = N � Q NEW WINDOW TRIM = a TO MATCH EXISTING O l0 0 T.O. SUB -FLOOR @ ADDITION TO ALIGN w/ T.O. EXISTING SUB -FLOOR NEW MECHANICAL TRUNK LINE UNDER NEW JOISTS AS REQ., FRAME AROUND w/ 2 x 4 AS REQ., CLOSED CELL SPRAY FOAM CAVITY, WRAP w/ 1 " THERMAX + 3/8" PLYWOOD `TRIM AROUND TREATED POST TO MATCH EXISTING, TYP., RECESSED 1 /2" FROM TRIM ABOVE i I FIELD VERIFY WATER TABLE DEPTH, CONTACT ARCHITECT IF HELICAL PIER FOUNDATION REQUIRED EXT. EL. - lakeside addition + remodel SCALE:1/4" = V-0" ,ANG :D AS TION :D AS a on TION 0 3: w g Z �0 o " z d QLU 0 = Z 0 Q WS TO BE N LOU YCLED z D w Of N 11 w UJ DARD 0 D ASLU TION EXT. EL. - lakeside existing + demolition SCALE:1/4" = V-0" Wallace ARCHITECTURE, PLLC � 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 Q O + _0 � O Cr O LO M Lo Lo CLC G Ur C: _O }' m z J +-' -0 p L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 07 72 EXISTING STRUCTURE 2 x 10 LEDGER @ BOT. CHORD w/ 3 - ROWS 1 /4" x 4 1 /2" SIDS SCREWS @ 24" o.c. TO EXISTING TRUSS HEELS, REMOVE EXISTING BUILT -RITE SHEATHING BEHIND LEDGER AND REPLACE w/ 3/4" PLY. GLUED + NAILED TO EXIST. TRUSS HEELS, LUS210 HANGERS TO LEDGER, LAP EXISTING TRUSS OVERHANG AND ATTACH TRUSS TO TRUSS w/ 2 - 1 /4" x 3 1 /2" SIDS SCREWS @ TOP CHORD, ATTACH TRUSS TO NEW WALL PLATE w/ H2.5A TIE ROOF PITCH TO NEW ROOF STRUCTURE, TYP. MATCH EXISTING ROOF FINISH TO MATCH EXISTING ROOF SHEATHING TO MATCH/ALIGN w/ EXISTING NEW MONO -ROOF TRUSSES @ 24" ox., ROOF PITCH, HEEL HGT., OVERHANG TO MATCH EXISTING R-49 BATT INSULATION 6 MIL. POLY. V.B. 5/8" DRYWALL CEILING .1 T.O. WALL PLATE @ ADDITION TO MATCH/ALIGN w/ EXISTING NEW DRYWALL OVER EXISTING SHEATHING niffO:•eu NEW FLOOR STRUCTURE, TYP. VERIFY FINISH FLOOR SELECTION w/ OWNER 3/4" T&G SUB -FLOOR, GLUED AND NAILED w/ PL400 AND 8d NAILS @ 4" ox. 2 x 10 FLOOR JOISTS @ 16" ox. w/ LUS210 HANGERS R-30 CLOSED CELL SPRAY FOAM 1 1 /2" CONT. THERMAX RIGID INSUL. @ UNDERSIDE OF JOISTS 3/8" PLYWOOD NEW SOFFIT DETAIL TO MATCH AND EXTEND FROM EXISTING NEW WALL STRUCTURE. TYP. SIDING TO MATCH/ALIGN w/ EXISTING 1 /2" PLYWOOD WALL SHEATHING, EXT. F.O. TO ALIGN w/ EXISTING 2 x 6 STUD WALL @ 16" o.c. R-21 BATT. INSULATION 6 MIL. POLY. V.B. 1 /2" DRYWALL, PAINTED T.O. SUB -FLOOR @ ADDITION TO ALIGN w/ T.O. EXISTING SUB -FLOOR 3- 1 3/4" x 9 1 /4" LVL BEAM, FLUSH ♦� POST BEHIND, SEE MAIN LEVEL FRAMING PLAN 2 x 10 LEDGER w/ 3 - ROWS 1 /4" x 3 1 /2" SIDS SCREWS @ 16" o.c. TO EXISTING 2 x 10 RIM, REMOVE BUILT -RITE SHEATHING IF EXISTS AND REPLACE w/ 3/4" PLY. GLUED + NAILED TO FRAMING NEW MECHANICAL TRUNK LINE UNDER NEW JOISTS AS REQ., FRAME AROUND w/ 2 x 4 AS REQ., CLOSED CELL SPRAY FOAM CAVITY, WRAP w/ 1 " THERMAX AND 3/8" PLYWOOD SECTION - addition + remodel SCALE: 3/8" = V-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641I These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 _0 LO M O O LO LO LU � Z Ctf Q + Ur C: m O Z J +� +-' p -0 L C9 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 08 73 FULL HEIGHT 2x BLOCKING BETWEEN OUTRIGGERS ADD ROW OF BRACING AS REQUIRED. 'T'-2x6 DIAGONAL BRACE @ 48" O.C. W/ 4-10d NAILS EA. END 2-26 CONT. HORIZ. L-REINF W/ 4-10d NAILS TO EACH TRUSS WEB DROPPED STRUCTURAL GABLE ROOF TRUSS SIMPSON H2.5A HURRICANE TIE @ EA. 2x 2x OUTRIGGER @ 24" O.C. FOR OVERHANGS GREATER THAN 18". OTHERWISE 2x GABLE BLOCKING @ 24" O.C. SIMPSON LUS24 HANGER UPSIDE DOWN X M............... � MAX. 45' X M 0 FULL HEIGHT 2x ROOF DIAPHRAGM BLKG. @ 48" O.C. W/3-16d NAILS EA. END TO TRUSS. NAIL ROOF SHEATHING. 2x4x12'-0" BTM. CHORD PERMANENT CONT. LATERAL RESTRAINT @ 48" O.C. W/ 2-10d NAILS TO EACH TRUSS (SEE TRUSS DRAWINGS FOR ADDITIONAL BTM. CHORD BRACING) T -2x6 GABLE END WALL PERMANENT DIAGONAL BRACING 48" O.C. W/ 3-1Od NAILS TO BLOCKING & 4-10d TOE -NAILS TO WALL PLATES SIMPSON 1/4"x6" SDS SCREWS 32" O.C. AT PLATES UP INTO GABLE TRUSS AND AT PLATES TO KICKERS SECTION DETAIL - roof truss rake wall brace NOT TO SCALE Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.96411 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. -0 LO M O O Lo � Q) Z + 0 (Q `J c O_ Z J +� +-' p C9 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 09 74 GENERAL NOTES: 01 . PROVIDE ALL LABOR, MATERIAL, AND EQUIPMENT NECESSARY FOR THE COMPLETE INSTALLATION OF THE ELECTRICAL SYSTEM, INCLUDING POWER, WIRING, AND LIGHTING AS SHOWN ON THE DRAWINGS AND AS REQUIRED ON SITE. 02. REVIEW LAYOUT OF ALL LIGHTING, SWITCHES, RECEPTACLES, AND ANY OTHER ROUGH -IN BOXES WITH THE OWNER PRIOR TO THE START OF WORK. DO NOT SCALE DRAWINGS FOR THE LOCATIONS OF ELECTRICAL DEVICES. 03. COORDINATE WIRING AND FIXTURE PLACEMENT WITH FRAMING, STRUCTURAL FRAMING, PLUMBING SYSTEM, MECHANICAL SYSTEM, AND EXISTING ELECTRICAL SYSTEM PRIOR TO ROUGH -IN. DO NOT CUT OR ALTER ANY STRUCTURAL ELEMENTS WITHOUT WRITTEN APPROVAL FROM THE ARCHITECT. 04. COORDINATE ROUGH -IN BOX LOCATION WITH SPECIFIC LIGHT SELECTED FOR THAT LOCATION PRIOR TO INSTALLATION. 05. THERE IS TO BE AT LEAST ONE (1) INCH CLEARANCE BETWEEN THE FINISHED ELECTRICAL COVER PLATE AND ANY ADJACENT SURFACE OR TRIM UNLESS OTHERWISE NOTED. 06. PROVIDE SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS PER CODE. REVIEW LOCATIONS WITH THE ARCHITECT PRIOR TO INSTALLATION. 07. PROVIDE ELECTRICAL HOOK-UPS AS REQUIRED ON THE LOWER LEVEL FOR ANY OTHER MISCELLANEOUS EQUIPMENT SPECIFIED BY OWNER. 08. REVIEW TELEVISION, INTERNET, AND ANY OTHER MISCELLANEOUS WIRING REQUIREMENTS WITH OWNER PRIOR TO CONSTRUCTION. REVIEW LOCATIONS WITH THE ARCHITECT PRIOR TO INSTALLATION. 09. ALL DECORATIVE LIGHT FIXTURES TO BE PROVIDED BY OWNER. 10. PROVIDE GFCI PROTECTED OUTLETS AS REQUIRED. 1 1 . FIELD VERIFY WITH OWNER ANY ADDITIONAL EXTERIOR LIGHTING REQUIREMENTS. aLU z 0 ELECTRICAL KEY z0 oz DUPLEX RECEPTACLE oN J CL SINGLE POLE SWITCH WALL FIXTURE LED STRIP LIGHT ® 4" RECESSED CAN LIGHT 4!) VENTILATION FAN PLAN - lower level electrical SCALE:1/4" = V-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 � Q � O Q) + _0 � O Cr � O0 LO M LO Lo Z Ur N C: O m Z +-' -0 p L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 10 75 2'-8° POCKET - -C DRYER II WASHER Z--8" GENERAL NOTES: 01. PROVIDE ALL LABOR, MATERIAL, AND EQUIPMENT NECESSARY FOR THE COMPLETE INSTALLATION OF THE ELECTRICAL SYSTEM, INCLUDING POWER, WIRING, AND LIGHTING AS SHOWN ON THE DRAWINGS AND AS REQUIRED ON SITE. 02. REVIEW LAYOUT OF ALL LIGHTING, SWITCHES, RECEPTACLES, AND ANY OTHER ROUGH -IN BOXES WITH THE OWNER PRIOR TO THE START OF WORK. DO NOT SCALE DRAWINGS FOR THE LOCATIONS OF ELECTRICAL DEVICES. 03. COORDINATE WIRING AND FIXTURE PLACEMENT WITH FRAMING, STRUCTURAL FRAMING, PLUMBING SYSTEM, MECHANICAL SYSTEM, AND EXISTING ELECTRICAL SYSTEM PRIOR TO ROUGH -IN. DO NOT CUT OR ALTER ANY STRUCTURAL ELEMENTS WITHOUT WRITTEN APPROVAL FROM THE ARCHITECT. 04. COORDINATE ROUGH -IN BOX LOCATION WITH SPECIFIC LIGHT SELECTED FOR THAT LOCATION PRIOR TO INSTALLATION. 05. THERE IS TO BE AT LEAST ONE (1) INCH CLEARANCE BETWEEN THE FINISHED ELECTRICAL COVER PLATE AND ANY ADJACENT SURFACE OR TRIM UNLESS OTHERWISE NOTED. 06. PROVIDE SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS PER CODE. REVIEW LOCATIONS WITH THE ARCHITECT PRIOR TO INSTALLATION. 07. PROVIDE ELECTRICAL HOOK-UPS AS REQUIRED ON THE MAIN LEVEL FOR: WASHER, DRYER, AND ANY OTHER MISCELLANEOUS EQUIPMENT SPECIFIED BY OWNER. 08. REVIEW TELEVISION, INTERNET, AND ANY OTHER MISCELLANEOUS WIRING REQUIREMENTS WITH OWNER PRIOR TO CONSTRUCTION. REVIEW LOCATIONS WITH THE ARCHITECT PRIOR TO INSTALLATION. 09. ALL DECORATIVE LIGHT FIXTURES TO BE PROVIDED BY OWNER. 10. PROVIDE GFCI PROTECTED OUTLETS AS REQUIRED. 11. FIELD VERIFY WITH OWNER ANY ADDITIONAL EXTERIOR LIGHTING REQUIREMENTS. Y > F-7Y ®-1 ELECTRICAL KEY DUPLEX RECEPTACLE SINGLE POLE SWITCH O 3 3-WAY SWITCH ° CEILING FIXTURE WALL FIXTURE II ® 4" RECESSED LIGHT II ° VENTILATION FAN PLAN - main level electrical - SCALE: 1/4" = 1'-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 _0 LO � M O O Lo Lo � L z O Q + Ur C: m O Z J +� +-' p O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 11 76 ;.' CERTIFICATE OF SURVEY FOR / HENNEPIN COUNTY MONUMENT AT THE NW COR OF GOV'T LOT 1 / SECTION 34-118-23 W,, ARREN P. GARRETT IN GOV'T LOT 1, SECTION 34-118-23 / HENNEPIN COUNTY, MINNESOTA -WEST LINE OF GOV'T LOT 1 / SECTION 34-1 18-23 / / 33 / / 33 •EAST LEGAL DESCRIPTION OF PREMISES That part of Government Lot 1, Section 34, Township 118 North, Range 23 West of the 5th Principal Meridian lying South of a line drawn East at right angles to the West line of said Government Lot 1 from a point thereon distant 1170.7 feet South along said West line from the Northwest corner of said Government Lot 1, Except that part lying easterly of the Northeasterly extension of the Northwesterly line of Block 8, Town of Long Lake, according to the United States Government Survey thereof, Hennepin County, Minnesota. o denotes iron marker (908.3) : denotes existing spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, and the location of an existing house, garage, with spot elevations and topography around said buildings, and the location of all visible "hardcover and the proposed location of two proposed additions thereon. It does not purport to show any other improvements or encroachments. DATE 8-4-25 AVERAGE LAKESHORE SETBACK LINE & 100' LAKE SETBACK LINE ADDED I hereby certify that this plan, specification, or report was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. r r R, •� a .�- Mork S. S. Gronberg Minnesota Lic se Number 12755 BLDG EXISTING HOUSE / # 1925 / LAKESIDE TR / / / / W SAY SANCTUARY /F-,AVERAGE LAKESHORE / SETBACK LINE 6 WOOD 1 ; PRIVACY FENCE �9 (V) ---89 4,/ � �9 O 96`b 0 ._.•••'EC�PMENT 80 (WIE-ST SHORE TOWN NOMES� (COMMON SOT) S C A L E I N F E E T 1096. 90 i I I LONG \ 75' -O\\ 100' \ \ SETBACK LAKE SETBACK--' \LINE r?\ LINE \ �� \ n \ 944.3 CONTOUR SURVEYS 1�� "' ' LINE (O.H.W.) \ LINE BOULDER \ BORDER/WALL (T) � I� 101 122� � to a I NE' LY EXTENSION OF THE NW' LY LINE OF BLOCK 8,•.,• TOWN OF LONG LAKE i i 00r' 3� GRONBERG 8c ASSOCIATES, INC. CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS. 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356 952-473-4141 1 "=40' DATE 1-30-25 JOB NO. 25-021A 25-021A Date: January 27, 2025 To: Wallace Architecture, PLLC 311 Third St. Excelsior, MN 55331 Attn: Dan Wallace, Architect From: Eric Bunkers Project: Garrett Residence 650 N. Brown Rd. Long Lake, MN 55356 Proj. No: 25009 Subject: Proposed Remodeling Dear Dan: Bunkers & Associates LLC structural engineers 6687 Forest Street Farmington, MN 55024 651.366.2853 As requested, we designed new structural members for the above referenced project. We have designed the new members using a roof and floor dead load of 15 psf, a roof snow load of 35 psf, a floor live load of 40 psf and a 115 mph Ultimate Design wind speed in accordance with the Minnesota State Building Code. Wind shear walls have been designed using IRC R301.1.3. Our work only includes designing the new members as shown at the above reference project and is based on drawings provided by you and from our conversations. We reviewed structural sheets 04, 06 and 08 based on annotated framing and foundation notes we previously sent showing the new members and connections. All framing and foundations shall be shored and temporarily braced as required by the contractor and all minimum nailing shall be in accordance with IRC Table R602.3(1). Lumber shall be minimum #2 SPF with treated lumber to be #2 S. Pine and engineered lumber to have Fb = 2850 psi with E = 2.0. Our calculations assume all lumber is of good quality and does not have large splits and checks and shall be visually inspected by the contractor at the time of construction. All fasteners in contact with treated lumber shall be G185 hot dipped galvanized or equal. Rebar shall be grade 60. Concrete used for footings shall have a 28 day compressive strength of 5000 psi. The new footings have been designed as typical spread footings based on a presumptive load -bearing value of 2000 psf in accordance with Table R401.4.1 of the IRC. Presumptive soil bearing value shall be verified by a geotechnical engineer where required by the building official per R401.4. The existing footings have been assumed to be typical spread footings on good soils that are assumed to be performing adequately. The contractor shall also verify the condition of structural members and foundations affected by the remodeling. Exterior grade shall slope away from the building and gutters with long downspouts should be used whenever possible. New finish cracks in existing walls and ceilings are likely and common in remodel construction. When installed as indicated above, the new framing members and new foundation shown on the reviewed sheets shall support the loads as required in accordance with the Minnesota State Building Code. If you have any questions or concerns, please feel free to contact us. Sincerely, Bunkers and Associates, LLC Eric M. Bunkers, P.E. MN Reg. Num. 26490 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. Eric M. Bunkers Date: January 27, 2025 Reg. No. 26490 wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 _0 Ili � M O O IO LO � Q Z Q + c: m O _ '}' Z J +-' -a O 0 L C9 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BIDA - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 00 78 - EXISTING RIM AND CORNER WALLS - TO BE REMOVED AS REQ. FOR NEW BEAM POCKETS AND POSTS, FIELD VERIFY BEDROOM EXISTING CLOSET WALLS AND HARDWARE TO BE REMOVED EXISTING DOOR TO BE REMOVED AND JAMB CUT TO APPROPRIATE DEPTH - - FOR REINSTALLATION w z MECHANICAL U w a ,.................- SUMP EXISTING SLAB TO BE REMOVED PIT AS REQ. FOR NEW PLUMBING WALL KEY EXISTING WALL TO REMAIN = EXISTING WALL TO BE REMOVED = GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. PLAN - lower level existing + demolition SCALE:1/4" = 1'-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 �S Q O + -0 � O Cr O LO M Lo Z C: _O m +-' -0 p L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 01 79 - EXISTING WALL TO BE - REMOVED FOR ADDITION EXISTING WINDOWS TO BE REMOVED/RECYCLED WALL KEY EXISTING WALL TO REMAIN = EXISTING WALL TO BE REMOVED = GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. BEDROOM o � 1U cD C° o z 2 m o RAILING TO BE REMOVED N o 0 d @) m AS REQ. FOR NEW WALLS xLJ w o LU I. < J L N w aQo~ o J > L.L. O 0+DOORS TO BE F- � w I REMOVED X �' W J LL 1 W_ W - m> o ALL PLUMBING AND LLJ > a BATHROOM FINISHES oLU TO BE REMOVED , U w I +o� II w DOORS AND CABINET HARDWARE TO BE REMOVED O o O = O o ~ PLAN - main level existing + demolition SCALE:1/4" = 1'-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q O + -0 � O Cr O LO M Lo (D _O }' m Z J +-' -0 p L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 02 80 > LLm oa z J O a ~ U ❑ za❑ a ADDITION ABOVE w o b-——— — — — — — —— `, z w w 2 > w La LL w V-4", VERIFYL WALL KEY EXISTING WALL TO REMAIN = NEW WOOD STUD WALL = ■ GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. 05. ALL CABINETRY, COUNTERTOPS, PLUMBING FIXTURES, AND FINISHES TO BE DETERMINED. PROVIDE ALLOWANCES AS REQUIRED FOR BID. 06. NEW SLIDING DOOR HARDWARE TO BE DETERMINED. 07. NEW INTERIOR DOORS, DOOR HARDWARE, AND CASING/TRIM TO MATCH EXISTING. MOVABLE LINEN CABINET FOR MECHANICAL ROOM ACCESS, VERIFY OPTIONS w/ OWNER PLAN - lower level addition + remodel SCALE:1/4" = V-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641I These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. -0 LO � M O O Lo Lo O Q + c: m O Z J +� +-' p -0 L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BIDA - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 03 81 3- 1 3/4" x 9 1 /4" LVL BEAM, FLUSH, HUC610 HANGER MAX w/ #10 x 2 112 / SD SCREWS @ INT. F.O. BEAM 1 \�_ _ _ _ 6 x 6 TREATED POST, 08 LCE4Z CAP EACH FACE, I MSTA1 8Z VERT. STRAP, ABU66Z BASE = l w/ 5/8" x 6" SIMPSON TITEN, 1 2" � x 60" CONC. PIER w/ 1 - #4 VERT. L.L l REBAR, 24" N BOT. BELL w/ COMPACTED X I GRANULAR BACKFILL AND COMPACTED Q l BASE OF EXCAVATION co j I 2 x 10 FLOOR JOISTS @ 1 6" o.c. m J! w/ LUS210 HANGERS E.E. l 2 x 10 LEDGER w/ 2- ROWS 1 /4" x 3 1 /2" SDS SCREWS @ 1 6" o.c. TO EXISTING 2 x 10 RIM I I I EXISTING FLOOR JOISTS ASSUMED, FIELD VERIFY AS REQ. ------------- I I J ---_1 _ ___ 0 GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. 2 x 10 LEDGER w/ 3 - ROWS 1 /4" x 3 1 /2" SDS SCREWS @ 1 6" o.c. TO EXISTING 2 x 10 RIM, REMOVE BUILT -RITE SHEATHING IF EXISTS AND REPLACE w/ 3/4" PLY. GLUED + NAILED TO FRAMING POCKET BEAMS INTO WALL, BEAR 3" ONTO WALL PLATE ONTO 2 - 2 x 6 STUDS, ATTACH TO PLATE w/ 4 - 1 /4" x 3 1 /2" SDS TOE -SCREWS, ATTACH TO RIM w/ LSTA1 2 HORIZ. STRAP AND LSTA18 VERT. STRAP TO POST PLAN - main level framing addition + remodel SCALE:1/4" = V-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641I These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 Q O + _0 O O L0 M � Ur _O }' . Z � J +-+ p C9 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 04 82 5 1 /2" O LL LL J N z Q N -� V) Q � w ''� C5 U 00 = = N (D N � W F z U UCA UCAP UCA 2456 4056 2456 7'-5" R.O. BEDROOM ao vNi N U � LUA - L Q :Dw N � CO 2'-8" POCKET N \ U F- M o z N EQ. EQ. w F w Z w z w _- O = Q Q z (n I.-: w LU N U 2 (D Z J w Q z z 16" N w mood zo((/)z== N w w w o U Q 00 W W 2 �Nzoofj Lu w N 0LAUNDRY C5 CLOSET L9w z� 00 U 2 I8" i C 0 0 o 16" N H J_ ED m ALIGN EXT. F.O. NEW SHEATHING w/ EXT. F.O. EXISTING SHEATHING WALL KEY Z� N U _ I�0I o EQ. EQ. o0 M EXISTING WALL TO REMAIN NEW WOOD STUD WALL = GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. 05. ALL NEW WINDOWS SPECIFIED FROM MARVIN ULTIMATE. TEMPERED GLASS AND FALL PROTECTION PER CODE REQUIREMENTS. DETAILS TO MATCH EXISTING WINDOWS. CONTACT ARCHITECT WITH QUESTIONS. 06. ALL CABINETRY, COUNTERTOPS, PLUMBING FIXTURES, AND FINISHES TO BE DETERMINED. PROVIDE ALLOWANCES AS REQUIRED FOR BID. 07. NEW INTERIOR DOORS, DOOR HARDWARE, AND CASING/TRIM TO MATCH EXISTING. N 3 11211 U)'I'I M 'IS LID T LID SH ER Z 0 L CENTER SINK � Y CENTER Q 00 T _ AND WINDOW N 0 DOOR al DRYER WASHER VACUUM _ _ _ PPER CABIN T LINEN NJ CABINET 24" 3 1 /2" 3'-8" ordr FIN. L -V ALIGN I_w Iw Na w BATH ---------------------------, 18" CO CNTR N VELUX RIGID SUN TUNNEL SKYLIGHT, OR APPROVED EQ., CENTER ON DOORWAYS AND WALL FILL WALL AS REQ. TO REMOVE CORNER VELUX RIGID SUN TUNNEL SKYLIGHT, OR APPROVED EQ., CENTER IN ROOM SLOPED CEILING UNDER BENCH FOR HEAD HEIGHT CLEARANCE @ STAIRWAY AS REQ., CONTACT ARCHITECT FOR DETAIL AS REQ. I VELUX RIGID SUN TUNNEL SKYLIGHT, OR APPROVED EQ., CENTER ON VANITY AND DOORWAY 0 0 o O 30" FIN. 1 5" FIN. N 3 1 /2" STUD TO STUD NEW 2 x WALL AS REQ. TO ALIGN FIN. EACH SIDE VELUX RIGID SUN TUNNEL SKYLIGHT, OR APPROVED EQ., CENTER IN ROOM PLAN - main level addition + remodel SCALE:1/4" = 1'-0" Wallace ARCHITECTURE. PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q O + _0 �NO O LO M Lo Lo VI c: O m +-' O O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BIDA - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 051 83 _ (7 C7 w z = H Q w J = d U J F_ J Q a2 � O w Z i Z Q w 0 0 z Q 0 w V) N Q PROVIDE ROOF TRUSS RAKE WALL BRACES, SEE DETAIL 1 /09 2-2x8HEADER NEW MONO -ROOF TRUSSES @ 24" o.c.; `x° w I ROOF PITCH, HEEL HGT., N Q I OVERHANG TO MATCH EXISTING, N = I LAP w/ EXISTING TRUSS OVERHANG AND ATTACH TRUSS TO TRUSS w/ 2- 1 /4" X 3 1 /2" SIDS SCREWS @ TOP CHORD, ATTACH TRUSS TO NEW WALL PLATE w/ H2.5A TIE, HANG @ LEDGER w/ LUS210 2 x 10 LEDGER @ BOT. CHORD w/ 3 - RO S- 1_/4" x 4 1 /2" SIDS SCREWS @ 24" o.c 8 _ TO EXIST. TRUSS HEELS, REMOVE EXIST. _ BUILT -RITE SHEATHING BEHIND LEDGER AND REPLACE w/ 3/4" PLY. GLUED + NAILED X w TO EXIST. TRUSS HEELS LU N = i ! 2 - 2 x 6 - Z w I o IN w w= ! R J J Q N ER N w cn > Z_ D o W w Ww w Z 00 N O N w Q Oa w w z I--- w Z z = -J U Q Q L w z Q U, U J LU J w j N GENERAL NOTES: 01. FIELD VERIFY EXISTING DIMENSIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. CONTACT ARCHITECT WITH ANY DISCREPANCIES AND/OR QUESTIONS PRIOR TO CONSTRUCTION. 02. FIELD VERIFY ALL EXISTING ELECTRICAL, MECHANICAL, AND/OR PLUMBING CONDITIONS RELEVANT TO REMODEL PRIOR TO CONSTRUCTION. 03. DO NOT SCALE DIMENSIONS OFF OF DRAWINGS FOR CONSTRUCTION. CONTACT ARCHITECT WITH ANY QUESTIONS ON DIMENSIONS PRIOR TO CONSTRUCTION. 04. FIELD VERIFY ALL EXISTING LOAD BEARING CONDITIONS PRIOR TO DEMOLITION. BRACE AND SUPPORT ALL EXISTING CONDITIONS TO REMAIN AS REQUIRED DURING DEMOLITION AND THROUGHOUT CONSTRUCTION. 05. SEE ATTACHED STRUCTURAL LETTER FOR MORE INFORMATION. 06. ATTACH ALL TRUSS/RAFTER ENDS WITH SIMPSON 1 /4" x 6" SIDS SCREWS AT ALL TOP WALL PLATES UP INTO FRAMING. 07. USE 1 /2" PLYWOOD SHEATHING. NAIL WITH 8d AT 4" ON CENTER. 08. PROVIDE MINIMUM 1 - 2 x TRIMMER STUD AND 1 - 2 x KING STUD UNLESS NOTED OTHERWISE. 09. BLOCK SOLID BELOW ALL POSTS TO FOUNDATION. 10. BEAR FULL WIDTH OF ALL BEAMS/HEADERS/GIRDERS. 1 1 . MEND ALL FASCIA BOARD BUTT SPLICES WITH SIMPSON LSTA24 HORIZONTAL STRAP. 12. EXTEND PLYWOOD WALL SHEATHING UP FACE OF FRAMING HEEL AND NAIL. STOP SHORT FOR VENTING AS REQUIRED. 1 3. EXTERIOR STUDS TO BE 2 x 6 AT 1 6" ON CENTER. 14. BUTT EXISTING WALL PLATES AND NAIL TO NEW WALL PLATES AT ALL INTERSECTING WALLS WITH TP39 NAIL PLATE. 15. ATTACH FIRST STUD TO EXISTING STUD/LADDER BLOCKS WITH 1 /4" x 4 1 /2" SIDS SCREWS AT 1 6" ON CENTER. 16. NEW FINISH CRACKS ARE LIKELY AND CAN BE COMMON IN REMODEL CONSTRUCTION. IF EXISTING LOAD -BEARING WALL AND BEAM NEEDED TO REPLACE, y� 3 - 1 3/4" x 5 1 /2" LVL BEAM, CONT., DROPPED, Ix o TOE -SCREW UP INTO EXISTING ROOF TRUSS BOT. CHORDS, N w FIELD VERIFY FLUSH BEAM OPTION AND COST w/ OWNER, N = IF LOAD -BEARING, POSSIBLE TRUSS REPAIRS REQ., CONTACT ARCHITECT cfl I�N I /,C+Szw El I �°O I F<`n_`S� 0 T, III`X w IIIN a IIIN = PLAN - roof framing addition + remodel SCALE:1/4" = 1'-0" Wallace ARCHITECTURE, PLLC I 311 Third Street Excelsior, MN 55331 952.913.9641I These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. � Q � O � + _0 � O Cr O0 LO M Lo Z Ur C: _O }' m z J �--+ 0 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 06 84 ROOF PITCH TO MATCH EXISTING NEW GABLE SHINGLES AND HORIZ. TRIM BOARD TO MATCH EXISTING AND BE EXTENDED OVER ADDITION NEW SIDING TO MATCH EXISTING, LACE INTO ORIGINAL SIDING NEW FASCIA TO MATCH AND EXTEND FROM EXISTING 0. WALL PLATE @ ADDITION TO ALIGN w/ EXISTING NEW SOFFIT DETAIL TO MATCH AND EXTEND FROM EXISTING = N � Q NEW WINDOW TRIM = a TO MATCH EXISTING O l0 0 T.O. SUB -FLOOR @ ADDITION TO ALIGN w/ T.O. EXISTING SUB -FLOOR NEW MECHANICAL TRUNK LINE UNDER NEW JOISTS AS REQ., FRAME AROUND w/ 2 x 4 AS REQ., CLOSED CELL SPRAY FOAM CAVITY, WRAP w/ 1 " THERMAX + 3/8" PLYWOOD `TRIM AROUND TREATED POST TO MATCH EXISTING, TYP., RECESSED 1 /2" FROM TRIM ABOVE i I FIELD VERIFY WATER TABLE DEPTH, CONTACT ARCHITECT IF HELICAL PIER FOUNDATION REQUIRED EXT. EL. - lakeside addition + remodel SCALE:1/4" = V-0" ,ANG :D AS TION :D AS a on TION 0 3: w g Z �0 o " z d QLU 0 = Z 0 Q WS TO BE N LOU YCLED z D w Of N 11 w UJ DARD 0 D ASLU TION EXT. EL. - lakeside existing + demolition SCALE:1/4" = V-0" Wallace ARCHITECTURE, PLLC � 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 Q O + _0 � O Cr O LO M Lo Lo CLC G Ur C: _O }' m z J +-' -0 p L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 07 85 EXISTING STRUCTURE 2 x 10 LEDGER @ BOT. CHORD w/ 3 - ROWS 1 /4" x 4 1 /2" SIDS SCREWS @ 24" o.c. TO EXISTING TRUSS HEELS, REMOVE EXISTING BUILT -RITE SHEATHING BEHIND LEDGER AND REPLACE w/ 3/4" PLY. GLUED + NAILED TO EXIST. TRUSS HEELS, LUS210 HANGERS TO LEDGER, LAP EXISTING TRUSS OVERHANG AND ATTACH TRUSS TO TRUSS w/ 2 - 1 /4" x 3 1 /2" SIDS SCREWS @ TOP CHORD, ATTACH TRUSS TO NEW WALL PLATE w/ H2.5A TIE ROOF PITCH TO NEW ROOF STRUCTURE, TYP. MATCH EXISTING ROOF FINISH TO MATCH EXISTING ROOF SHEATHING TO MATCH/ALIGN w/ EXISTING NEW MONO -ROOF TRUSSES @ 24" ox., ROOF PITCH, HEEL HGT., OVERHANG TO MATCH EXISTING R-49 BATT INSULATION 6 MIL. POLY. V.B. 5/8" DRYWALL CEILING .1 T.O. WALL PLATE @ ADDITION TO MATCH/ALIGN w/ EXISTING NEW DRYWALL OVER EXISTING SHEATHING niffO:•eu NEW FLOOR STRUCTURE, TYP. VERIFY FINISH FLOOR SELECTION w/ OWNER 3/4" T&G SUB -FLOOR, GLUED AND NAILED w/ PL400 AND 8d NAILS @ 4" ox. 2 x 10 FLOOR JOISTS @ 16" ox. w/ LUS210 HANGERS R-30 CLOSED CELL SPRAY FOAM 1 1 /2" CONT. THERMAX RIGID INSUL. @ UNDERSIDE OF JOISTS 3/8" PLYWOOD NEW SOFFIT DETAIL TO MATCH AND EXTEND FROM EXISTING NEW WALL STRUCTURE. TYP. SIDING TO MATCH/ALIGN w/ EXISTING 1 /2" PLYWOOD WALL SHEATHING, EXT. F.O. TO ALIGN w/ EXISTING 2 x 6 STUD WALL @ 16" o.c. R-21 BATT. INSULATION 6 MIL. POLY. V.B. 1 /2" DRYWALL, PAINTED T.O. SUB -FLOOR @ ADDITION TO ALIGN w/ T.O. EXISTING SUB -FLOOR 3- 1 3/4" x 9 1 /4" LVL BEAM, FLUSH ♦� POST BEHIND, SEE MAIN LEVEL FRAMING PLAN 2 x 10 LEDGER w/ 3 - ROWS 1 /4" x 3 1 /2" SIDS SCREWS @ 16" o.c. TO EXISTING 2 x 10 RIM, REMOVE BUILT -RITE SHEATHING IF EXISTS AND REPLACE w/ 3/4" PLY. GLUED + NAILED TO FRAMING NEW MECHANICAL TRUNK LINE UNDER NEW JOISTS AS REQ., FRAME AROUND w/ 2 x 4 AS REQ., CLOSED CELL SPRAY FOAM CAVITY, WRAP w/ 1 " THERMAX AND 3/8" PLYWOOD SECTION - addition + remodel SCALE: 3/8" = V-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641I These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 _0 LO M O O LO LO LU � Z Ctf Q + Ur C: m O Z J +� +-' p -0 L C9 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 08 86 FULL HEIGHT 2x BLOCKING BETWEEN OUTRIGGERS ADD ROW OF BRACING AS REQUIRED. 'T'-2x6 DIAGONAL BRACE @ 48" O.C. W/ 4-10d NAILS EA. END 2-26 CONT. HORIZ. L-REINF W/ 4-10d NAILS TO EACH TRUSS WEB DROPPED STRUCTURAL GABLE ROOF TRUSS SIMPSON H2.5A HURRICANE TIE @ EA. 2x 2x OUTRIGGER @ 24" O.C. FOR OVERHANGS GREATER THAN 18". OTHERWISE 2x GABLE BLOCKING @ 24" O.C. SIMPSON LUS24 HANGER UPSIDE DOWN X M............... � MAX. 45' X M 0 FULL HEIGHT 2x ROOF DIAPHRAGM BLKG. @ 48" O.C. W/3-16d NAILS EA. END TO TRUSS. NAIL ROOF SHEATHING. 2x4x12'-0" BTM. CHORD PERMANENT CONT. LATERAL RESTRAINT @ 48" O.C. W/ 2-10d NAILS TO EACH TRUSS (SEE TRUSS DRAWINGS FOR ADDITIONAL BTM. CHORD BRACING) T -2x6 GABLE END WALL PERMANENT DIAGONAL BRACING 48" O.C. W/ 3-1Od NAILS TO BLOCKING & 4-10d TOE -NAILS TO WALL PLATES SIMPSON 1/4"x6" SDS SCREWS 32" O.C. AT PLATES UP INTO GABLE TRUSS AND AT PLATES TO KICKERS SECTION DETAIL - roof truss rake wall brace NOT TO SCALE Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.96411 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. -0 LO M O O Lo � Q) Z + 0 (Q `J c O_ Z J +� +-' p C9 O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DD.1 - 18 Dec 2024 SD.1 - 12 Dec 2024 09 87 GENERAL NOTES: 01 . PROVIDE ALL LABOR, MATERIAL, AND EQUIPMENT NECESSARY FOR THE COMPLETE INSTALLATION OF THE ELECTRICAL SYSTEM, INCLUDING POWER, WIRING, AND LIGHTING AS SHOWN ON THE DRAWINGS AND AS REQUIRED ON SITE. 02. REVIEW LAYOUT OF ALL LIGHTING, SWITCHES, RECEPTACLES, AND ANY OTHER ROUGH -IN BOXES WITH THE OWNER PRIOR TO THE START OF WORK. DO NOT SCALE DRAWINGS FOR THE LOCATIONS OF ELECTRICAL DEVICES. 03. COORDINATE WIRING AND FIXTURE PLACEMENT WITH FRAMING, STRUCTURAL FRAMING, PLUMBING SYSTEM, MECHANICAL SYSTEM, AND EXISTING ELECTRICAL SYSTEM PRIOR TO ROUGH -IN. DO NOT CUT OR ALTER ANY STRUCTURAL ELEMENTS WITHOUT WRITTEN APPROVAL FROM THE ARCHITECT. 04. COORDINATE ROUGH -IN BOX LOCATION WITH SPECIFIC LIGHT SELECTED FOR THAT LOCATION PRIOR TO INSTALLATION. 05. THERE IS TO BE AT LEAST ONE (1) INCH CLEARANCE BETWEEN THE FINISHED ELECTRICAL COVER PLATE AND ANY ADJACENT SURFACE OR TRIM UNLESS OTHERWISE NOTED. 06. PROVIDE SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS PER CODE. REVIEW LOCATIONS WITH THE ARCHITECT PRIOR TO INSTALLATION. 07. PROVIDE ELECTRICAL HOOK-UPS AS REQUIRED ON THE LOWER LEVEL FOR ANY OTHER MISCELLANEOUS EQUIPMENT SPECIFIED BY OWNER. 08. REVIEW TELEVISION, INTERNET, AND ANY OTHER MISCELLANEOUS WIRING REQUIREMENTS WITH OWNER PRIOR TO CONSTRUCTION. REVIEW LOCATIONS WITH THE ARCHITECT PRIOR TO INSTALLATION. 09. ALL DECORATIVE LIGHT FIXTURES TO BE PROVIDED BY OWNER. 10. PROVIDE GFCI PROTECTED OUTLETS AS REQUIRED. 1 1 . FIELD VERIFY WITH OWNER ANY ADDITIONAL EXTERIOR LIGHTING REQUIREMENTS. aLU z 0 ELECTRICAL KEY z0 oz DUPLEX RECEPTACLE oN J CL SINGLE POLE SWITCH WALL FIXTURE LED STRIP LIGHT ® 4" RECESSED CAN LIGHT 4!) VENTILATION FAN PLAN - lower level electrical SCALE:1/4" = V-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 � Q � O Q) + _0 � O Cr � O0 LO M LO Lo Z Ur N C: O m Z +-' -0 p L O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 10 2'-8° POCKET - -C DRYER II WASHER Z--8" GENERAL NOTES: 01. PROVIDE ALL LABOR, MATERIAL, AND EQUIPMENT NECESSARY FOR THE COMPLETE INSTALLATION OF THE ELECTRICAL SYSTEM, INCLUDING POWER, WIRING, AND LIGHTING AS SHOWN ON THE DRAWINGS AND AS REQUIRED ON SITE. 02. REVIEW LAYOUT OF ALL LIGHTING, SWITCHES, RECEPTACLES, AND ANY OTHER ROUGH -IN BOXES WITH THE OWNER PRIOR TO THE START OF WORK. DO NOT SCALE DRAWINGS FOR THE LOCATIONS OF ELECTRICAL DEVICES. 03. COORDINATE WIRING AND FIXTURE PLACEMENT WITH FRAMING, STRUCTURAL FRAMING, PLUMBING SYSTEM, MECHANICAL SYSTEM, AND EXISTING ELECTRICAL SYSTEM PRIOR TO ROUGH -IN. DO NOT CUT OR ALTER ANY STRUCTURAL ELEMENTS WITHOUT WRITTEN APPROVAL FROM THE ARCHITECT. 04. COORDINATE ROUGH -IN BOX LOCATION WITH SPECIFIC LIGHT SELECTED FOR THAT LOCATION PRIOR TO INSTALLATION. 05. THERE IS TO BE AT LEAST ONE (1) INCH CLEARANCE BETWEEN THE FINISHED ELECTRICAL COVER PLATE AND ANY ADJACENT SURFACE OR TRIM UNLESS OTHERWISE NOTED. 06. PROVIDE SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS PER CODE. REVIEW LOCATIONS WITH THE ARCHITECT PRIOR TO INSTALLATION. 07. PROVIDE ELECTRICAL HOOK-UPS AS REQUIRED ON THE MAIN LEVEL FOR: WASHER, DRYER, AND ANY OTHER MISCELLANEOUS EQUIPMENT SPECIFIED BY OWNER. 08. REVIEW TELEVISION, INTERNET, AND ANY OTHER MISCELLANEOUS WIRING REQUIREMENTS WITH OWNER PRIOR TO CONSTRUCTION. REVIEW LOCATIONS WITH THE ARCHITECT PRIOR TO INSTALLATION. 09. ALL DECORATIVE LIGHT FIXTURES TO BE PROVIDED BY OWNER. 10. PROVIDE GFCI PROTECTED OUTLETS AS REQUIRED. 11. FIELD VERIFY WITH OWNER ANY ADDITIONAL EXTERIOR LIGHTING REQUIREMENTS. Y > F-7Y ®-1 ELECTRICAL KEY DUPLEX RECEPTACLE SINGLE POLE SWITCH O 3 3-WAY SWITCH ° CEILING FIXTURE WALL FIXTURE II ® 4" RECESSED LIGHT II ° VENTILATION FAN PLAN - main level electrical - SCALE: 1/4" = 1'-0" Wallace ARCHITECTURE, PLLC 311 Third Street Excelsior, MN 55331 952.913.9641 These documents are instruments of service, and, as such, remain the property of wallace ARCHITECTURE, pllc. Use or publication of these documents requires written approval from wallace ARCHITECTURE, pllc. Q0 _0 LO � M O O Lo Lo � L z O Q + Ur C: m O Z J +� +-' p O J Project Number: 2410 Project Architect: Dan Wallace Drawn By: Dan Wallace Date of Issue: BID.1 - 25 Jan 2025 21 Jan 2025 DDA - 18 Dec 2024 SD.1 - 12 Dec 2024 11 89 Draft Minutes Planning Commission Regular Meeting Monday, August 18, 2025, 6:00 PM :ity Council Chambers 2780 Kelley Parkway, Orono, MN 55356 5. PUBLIC HEARINGS 5.2. LA25-000031, WARREN GARRETT, 650 BROWN ROAD NORTH, VARIANCE The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve a variance to construct a second -story addition within the dimensions of the existing house. The Planning Commission discussed the item and asked questions of staff and the applicant, Warren Garrett, 650 Brown Road North. Chair Bollis opened the public hearing at 6:26 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:26 p.m. Commissioners were in favor of the variance as the average lakeshore setback is for sightlines, and a modest second story does not affect any other home's view. Weltzin moved, Prchal seconded, to approve LA25-000031, 650 Brown Road N, Variance as applied. VOTE: Ayes 6, Nays 0. 90 AGENDA ITEM Date: September 8, 2025 Item: 8 Title: LA25-000032, 3745 Shoreline Drive, Conditional Use Permit - Resolution 7619 Presenter: Matt Karney, Planner Section: Consent Agenda Purpose: The applicant requests a conditional use permit for two new accessory storage buildings at church and daycare center. 2. MN§15.99 Application Deadline: The application was made on July 21, 2025, and deemed complete on July 25, 2025. The 60-day review period is to expire on September 19, 2025. 3. Background: The applicant proposes an amendment to the existing conditional use approval to allow for two additional 196 square foot sheds. The site is currently operating under a conditional use permit (CUP) for place of worship and daycare center uses. Both proposed sheds will be located on the southern end of the existing parking lot, with one shed serving the church and daycare respectively. A CUP is required when there is an intensification of the use or uses subject to the CUP, this includes an increase in building square footage. Link to Planning Commission packet. (Application Materials Found Here) 4. Planning Commission Vote and Comment: On August 18, 2025, the Planning Commission held a public hearing and discussed the conditional use permit. Following the public hearing, the Commission voted 6-0 to recommend approval of the application as recommended by staff. Link to Planning Commission video. Public Comment: No public comments have been received. 6. Staff Recommendation: Planning Staff recommends approval. COUNCIL ACTION REQUESTED Council should move to adopt Resolution 7619, approving the requested conditional use permit subject to conditions. Exhibits A. Resolution 7619 B. Site Plan C. Building Details 91 D. Draft PC Minutes 92 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7619 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT WITH MUNICIPAL ZONING CODE SECTION 6.12.1530 FILE NO. LA25-000032 WHEREAS, on July 21, 2025, Brad Jans (hereinafter the "Applicant"), applied for a conditional use permit from the City Code for the property addressed 3745 Shoreline Drive, Orono and legally described as: Lot 5, Block 7, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the "Property") WHEREAS, the Applicant made an application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 6.12.1530 to construct two new accessory storage buildings for a place of worship and a day care center on the Property; and WHEREAS, on August 18, 2025, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 18, 2025, the Planning Commission voted 6 to 0 in favor of a motion to recommend approval of the conditional use permit as recommended by staff; and WHEREAS, on September 8, 2025, 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 application for a conditional use permit to construct two new accessory storage buildings described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. 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-1 C, One -Family Lakeshore Residential Zoning District. 93 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7619 A3. The Applicant requests approval of a conditional use permit to construct two new accessory storage buildings on the Property. A4. Per Section 6.12.1530(4) of the Municipal Zoning Code, places of worship are permitted in the LR-1 C district provided all buildings and structures are located at least 50 feet away from adjacent, residentially -zoned properties. The proposed buildings are located over 50 feet from the adjacent, residentially -zoned properties. A5. In considering this application for a conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permit 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: Based on the application and the evidence submitted, the Council finds that the proposed use at the proposed location is or will be: B1. Consistent with the community management plan; the ongoing use of the Property as a church and daycare are conditional uses that conform with the plan; and B2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; the proposal is compliant with the zoning code and is not subject to additional conditions imposed based on the existing and proposed land uses; and B3. Adequately served by police, fire, roads, and stormwater management; the Property meets this standard; and B4. Provided with an adequate water supply and sewage disposal system; the Property meets this standard; and B5. Not expected to generate excessive demand for public services at public cost; this proposal is not anticipated to impact public services; and B6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the use of the Property is not changing with the 94 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7619 addition of two storage sheds, the conditional uses are compatible with the surrounding area; and B7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the proposed sheds are minimal in size and are not anticipated to impact the character in the area; and B8. 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; detached storage buildings are common in the area, and the sheds are proposed in the location of a larger shed the City Council approved in 2020 (Resolution 7113) that was not constructed; and B9. 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 sheds are proposed in a location on the Property that is outside of the 25-foot wetland buffer and will meet all setbacks from Shoreline Drive and buildings on adjacent properties. The sheds are not expected to impair the use enjoyment of other properties in the area; and B10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the sheds are proposed to be constructed in a wooded portion of the Property and at least 250 feet away from the nearest residence; and B11. Not create a nuisance that generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the proposal is not anticipated to create a nuisance; and B12. 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 additional buildings are to be used for storage purposes, it is not anticipated that additional traffic or burden on the road network will occur, and B13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the location of the proposed sheds is intended to be away from the areas that visitors traverse to the primary building, but adjacent to the parking lot where access will not impact any natural areas; and 95 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7619 B14. 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 proposal does not include the installation of any exterior lighting; and B15. Not detrimental to the public health, public safety, or general welfare; the proposal does not come at a detriment to the public health, safety, or welfare of residents and landowners of the City of Orono. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 6.12.1530 to construct two new accessory storage buildings supporting the existing uses, a place of worship and a day care center, as follows: C1. Council approval is based on the entire record and, the above Findings. C2. The approved project shall conform to the site plan submitted by the Applicant, attached to this Resolution as Exhibit A. 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 permits for the proposed accessory buildings, commencing construction of said project. Zoning permits for each building must be obtained within one year of the date of Council approval, or the conditional use permit will expire on that date (September 8, 2026). C5. The Applicant agrees to comply with all permitting requirements of all applicable jurisdictions including but not limited to MCWD. Copies of all required permits must be provided to the City with the submittal materials for the zoning permits. C6. The conditional use permit 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. 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. 96 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7619 ADOPTED by the Orono City Council on this 81" day of September, 2025. ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 97 s F -� TRACT V2WTlrft COF L Gf .� . TRACT F bwWinp oh&anod 71.00 mov Aw to amp �a* of Ma more OusaLoo PFQOWAJF. Vie WGctkn ►„ tow wo ovapomw t w ad OR IQ T F- A-rx tir UL) 04 h4vw kuG, ised extent v# Lmwowd rmw* w 0 6nry kA W4 WcuWrr. pPLPK 4 co co F -� TRACT V2WTlrft COF L Gf .� . TRACT F bwWinp oh&anod 71.00 mov Aw to amp �a* of Ma more OusaLoo PFQOWAJF. 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PUBLIC HEARINGS 5.3 LA25-000032, BRAD JANS O/B/O GOOD SHEPARD CHURCH, 3745 SHORELINE DR, CONDITIONAL USE PERMIT The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve a conditional use permit to add two additional accessory buildings. One building had been approved a few years ago, but never built. The two buildings proposed now would roughly total the area of the garage that was not built. The applicant has been in touch with the Watershed District. The Planning Commission discussed the item and asked questions of staff and the applicant, Brad Jans, 3745 Shoreline Dr., who said one shed would be for church storage and the other would be for day care storage. Chair Bollis opened the public hearing at 6:35 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:35 p.m. Commissioners supported the plan, saying an application was previously approved and expired, and is now proposed in a new way. Ressler moved, Weltzin seconded, to approve LA25-000032, 3745 Shoreline Dr, Conditional Use Permit as applied. VOTE: Ayes 6, Nays 0. 103 AGENDA ITEM Date: September 8, 2025 Title: LA25-000035, 880 Partenwood Road, Variance - Resolution 7620 Presenter: Matt Karney, Planner Section: Consent Agenda Item: 9 Purpose: The applicant requests an average lakeshore setback variance to construct an addition to the existing primary residence. 2. MN§15.99 Application Deadline: The application was made on July 23, 2025, and deemed complete on August 5, 2025. The 60-day review period is to expire on October 4, 2025. Background: The applicant proposes a single -story addition to the lakeside of the primary residence. The addition encroaches approximately 8 feet into the average lakeshore setback and was designed to meet the 75 foot lake setback. The ALS creates a practical difficulty for the homeowner with the limited building envelope and use of the home on the property based on the existing location of the home. Link to Planning Commission packet. (Application Materials Found Here) 4. Planning Commission Vote and Comment: On August 18, 2025, the Planning Commission held a public hearing and discussed the requested variance. Following the public hearing, the Commission voted 6-0 to recommend approval of the variance as recommended by staff. Link to Planning Commission video. 5. Public Comment: No public comments have been received. 6. Staff Recommendation: Planning Staff recommends approval. COUNCIL ACTION REQUESTED Council should move to adopt Resolution 7620, approving the requested variance subject to conditions. Exhibits A. Resolution 7620 B Survey C. Building Details D. Draft PC Minutes 104 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7620 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 6.12.6240 FILE NO. LA25-000035 WHEREAS, on July 23, 2025, Miller Dunwiddie Architecture, Inc. (hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 880 Partenwood Road, Orono and legally described as: Lot 6, Block 1, Partenwood, Hennepin County, State of Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 6.12.6240 for a 757-square-foot addition to the primary residence 7.1 feet lakeward of the average lakeshore setback; and WHEREAS, on August 18, 2025, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 18, 2025, the Planning Commission voted 6 to 0 in favor of a motion to recommend approval of the variance as recommended by staff; and WHEREAS, on September 8, 2025, 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: Al. This application was reviewed as Zoning File LA25-000035. 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. A2. The Property is located in the LR-1 B, One -Family Lakeshore Residential Zoning District. 105 A3. The Property is within Tier 1 Quality Overlay District, an( allowed, with this project. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7620 and hardcover is limited to 25% according to the Stormwater the Applicant is proposing 20.6% hardcover, where 25% is A4. The Applicant applied for average lakeshore setback variance for the proposed project. A5. In considering this application for a variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: B1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance; the proposed addition will not impact lake views, and the affected, adjacent neighbor has submitted a letter indicating their views will not be impacted; and B2. Variances shall only be permitted when consistent with the comprehensive plan; a variance to expand an existing single-family residential home is consistent with the plan; and B3. Variances may be granted when the Applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls; the owner proposes a reasonable addition that creates a minimal encroachment into the average lakeshore setback; and b. The plight of the landowner is due to circumstances unique to his property not created by the landowner; the existing house is located in a unique configuration on the Property, where the average lakeshore setback does not leave a reasonable, conforming building envelope for the home. The configuration of the current home limits the use of the site. The circumstances are unique to the Property not created by the landowners; and 106 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7620 c. The variance, if granted, will not alter the essential character of the locality; the proposed addition would not impact the neighbors' views of the lake, nor substantially encroach into the average lakeshore setback, and will fit the character of the area. B4. Economic considerations alone do not constitute practical difficulties; economic considerations do not impact the finding of practical difficulties with the Property; and 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; and B6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located; this condition is not applicable; and 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; and B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property; the addition is proposed near the garage to allow for reasonable access. The irregular shape of the Property and the location of the current home is unique to the site. The addition is proposed on the lake side of the house, furthest from the lakeshore, to minimize impacts; and B9. The conditions do not apply generally to other land or structures in the district in which the land is located; the Property has a unique shape and shoreline and the house has a restrictive building envelope, where expansions would encroach either into boundary setbacks or into the average lakeshore setback; and B10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the Applicant; the existing home is located in a narrow building envelop on the Property. The proposed addition is minimal in size and the Applicant has provided a letter of support that the addition should not have an impact on lake views, preserving the intent of the average lakeshore setback; and 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 a variance would not be contrary to the intent of the average lakeshore setback to protect the lakeviews of adjacent owners; and 107 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7620 B12. The granting of such variance will not merely serve as a convenience to the Applicant, but is necessary to alleviate demonstrable difficulty; the granting of the requested variance would be reasonable, and that the addition has minimal impacts on adjacent properties and lake views. 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 Section 6.12.6240 for a 757-square-foot addition to the primary residence 7.1 feet lakeward of the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the construction plans and site plan submitted by the Applicant, 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 owners, but are permissive only and must be exercised by obtaining a permit for the building addition and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 8, 2026). 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 September, 2025. ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 108 o� 0 Partenwood c'7 4=273944„ _ oncrete - y — - - - - ----- R=sSs oa ; c�r� R' `'-� Road - et. IF wall r e ''� — — — — — — —� �✓ \ /1�m-nt �'=1j ZE / \ \ 4=3470 06„ ' o // k --Threshold of / door 941.5 _ _ I —Oro/nod- I I / �� Existing Dwelling I I I Encroachment into I r�\ �% `� 7 Average Lakeshore B Setback -blue hatch I LJI rn ADDITION 34P3$ %4 pvVellin9 ontour o c and th 9 \ 1 o j ✓ >�/✓ doter fs < yJ j %� J ' / d9e of / c o/o �N Miller unwiddie kll.rdunwlddi*.com LOQ w¢sningr¢n Are s—lh, Suite $00 lis Minnes¢t¢ 55101 1612 337 DOW o 5' lo. .. 4� PROJECT: GRAY RESIDENCE ADDITION 880 Partenwood Road, Orono 55356 PID: 051172343000 GRY2501 ------------ REVISIONS: Mark Date Issue A Existing House B Wood Deck below 75' setback (built prior to 1992) C Wood Deck above 75' setback minus Removed Portion D Stone pavement areas E Paver Driveway F Retainingall G AC Unit 1 - relocated H AC Unit 2 - relocated I Generator Pad - relocated J Addition K New Wood Deck Project Number: GRY2501 DRAWING TITLE: DRAWING NUMBER: Date: 04 AUGUST, 2025 Drawn By: DJG Checked By: DJG CC 2025 Miller Dunwiddie Architecture, Inc. PROPOSED SITE PLAN A-2 CD i EXISTMG FAMILY FDOM (420 (420 SF) i KlfCWN I I i ir IEW.W. dl UTILITIES / FIRST FLOOR PLAN 1/16" = 1'-0" 11'-3" 26'-5" 26'-01' EXISTING ENTRY EXISTING GARAGE PROPOSED ADDITION BEYOND WEST ELEVATION 3/32" = l'-0" v-S" 41'-11" NG G SOUTH ELEVATION 3/32" = l'-0" PROPOSED ADDITION TRIM TO ALIGN AND MATCH EXISTING HIGH WINDOWS CEMENT SIDING & TRIM TO MATCH EXISTING LEGAL DESCRIPTION: 934.1 Lot 6, Block 1, PARTENWOOD, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS:rvo �,3� (q - 1 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our Benchmark: 4.5 services does not include determining what you own, which is a legal matter. Please check the legal west rm--- description with our records or consult with competent legal necessary, counsel if to make sure that it is MH 934.7 34.7 Y i `J 35.1 N 11 0� 1z�,s� /9 ;.6 correct and that any matters of record, such as easements, that you wish to be included on the survey have been 934.6 / I shown. 935.2 935.0 N N 2. Showing the location of observed existing improvements we deem necessary for the survey. Garb 935.9 931.5 0 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 935.8 ,; o 93Fr4� . nt \ 9y��\ /t I Z 4. This survey has been completed without the benefit of a current title commitment. There may be existing J X e \,� , , / \ / \ / Eon/en - - easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey Gon�rete 937.1 X 93 .� / X 939.7 \ ,\ / /X��O does not purport to show any easements or encumbrances other than the ones shown hereon. ��� X 937.4 r\X�9;; / /I `,, \ x 933.y \ 9322 �prpinog I 5. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding .59 - X 938.2X 93.1� / I ° 3 3 / \ X 932.5 \ 32.2 932.2 and or stucco of the building. �2 8- hp _ 1 / �� �, X 961\9.5 93.1 \ (�i J �` X 93-<938.7 i X 9397 \ rn \ \ \ 932.3 / 6. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such 1 ` ,2 I \2�, / 934.0 ggovernmental agencies that may have jurisdiction over these requirements to verify the are correctly shown X 9 " g Y Y Y Y r - 939.9 -- X 3e. - � M, before proceeding with construction. " - 9�A/Ul�6//X 9 35 ` \)4 940,1X 939.3 �c \ \\ ` x°' 1s\\\ \. //�� / 17. Showing elevations on the site at selected locations to give some indication of the topography of the site. We /X 94.8 �A�32 / i X 939.5 X 940.3 X 940.7�\ 939.1 \ \ J have also provided a benchmark for your use in determining elevations for construction on this site. The -- X/41.°i / J 940.6 > '� \ \ \ 8 941.9 / / / ' J 4j � / 940.5 f939.8\ \ \ \ �\ \933.2 932.4 \ �\ 9 6 elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least O� j i ,� _ _ X 939.7 X 9J9.7 \ \ \� 94A.3 X > \ \ \ \ \ \ 1 929.2 X 939.5 one other feature shown on the survey when determining other elevations for use on this site or before �� 941. /// / X0_1_ _ _ 4 0 0 933�� V \ (X,5 / / / / X 93 9 U 94 . / X 939.2 32.1 beginning construction. �C g g 944 9k5 / / / / " X 939.8 0 '� / 940.Ea 0139.3 \ \ \�` G� �� i a`L°ry / �X 940.4 � 94� O� 940.7 / / � � \ ` \ / � O, 941.3 _\ i X 940.31X 9318 STANDARD SYMBOLS & CONVENTIONS: d� °j 942 41.9 / X �3` / i93f�.0 943.3 94 . -0A0.9 941.3 \ X 940.4 ^ / 40.9 l / b933.�/ / �3X1 t l I I ,- - 941.4 /-0) c, 940.5 - i / / • Denotes iron survey marker, set, unless otherwise noted. / �4?3 X 0936.Q� / � / / S46 94�?� / X 9� 0.8---------- -�31 , I / ' / //'93 .2 944.1 4� 1 61 3 5 940.9 ` 940.9 � `� \ d Ot - - / / �/ X 939.8 I X 9 .5 /I / ® i X 9 .8�94 .6 940 6 941. "�rreyf gk� 5 O / 940.9 /�i /X 9�/6 F�59 2.8/ / X 47 / / i 940.7 d00 / �' / lS t e ///�wwfff 931.1 J� 0'46 �b'947.3 /� 95 940.7 Stone Area N / 1.3 /'X 939.8 / iI XrJ37.7 , 945.3 / /X 9 5 X9 940.6 940.7 941.0 'AI X 939. AGO 940.5 A 940.9 t.3 V, �X 9ffffff �0.1 / / Oj/ �' 947.3 et X 940.5 940 6 / X 939.6 / 93�9 J 947.2 6. Q X 940.� 940.5 95. 9 940.5 0 \ X 93�.7 / O�.i 940.7 X 940.3 X 940.4 �� 4 6 / ��\ 1 97 7.8 ca11`� X 946.4 / 946.2 940.5 Q 5\� \ O / 941.2 941.0 \\X 939.9 / 0/4k 940.5 0 / \\ / 91/ / 0 0k xs 946.8 51 40. 0.6 Cr°' 940.5 940. 2 / X 941.5 / \ / 945.2 - - - 42. 941.1 9 , `. _6p 6 ;0.6 E 9 1.3 X 49.2 X977 I -/ 41.6 / / X941.8 / I C,p / N� 940.2 --940.3 / / / r�j I i I �9431 ' 939.6 W 939.8 N i� / J / C' 1 / 941.6 9402 J S� / / Kati i ' 9�2 \ . o / X 940 6 X 9}�1.3 w� v �4/ � / /%� / o4 943. / X 93S.9� / P �X 939.9 i/ X 939.4 / I \0.9 X99397 / .$$tones / ' �"' I X X 940.3 \ ,� r4 �\ 940.1 y / x 940� ` / �^"� 3 .0 30. X 944.0 �41.5 �\ ��i' X 938.7 X 938.1 'QG \ / \ 1 / �' oM \ \ X _ J DC 93 .8 X 938.1 „ /- \ �` \ / / 94/ / / g�40.7 / �� e3 � ' / / \ \\ l\ 93g[3 ' / �937.2�7\ 9 °1 X 942.8 � � Ir \� � � X 440.4 / 1 \ • ' 6, >>S Genera �XV37.9 \ \ i / // / / / / • / y / // 1 `i 9yI 6/SC 940.3 / / 6.9' 1.2 -� ` 33.� I 93 \ �\y.X 9�{8.6 / / /' I X9\7.6 \X939.2 / /.`/ / / 937.5 \ X 93�5 / / 1,X 938.1 X 938.4 7 / - '� 936.9 \ 0" / / / / ` V // / 9£6 - �� 39. / / '' LEGEND / �/ / / r 9 30.5 wii = CATCH BASIN / 38�� ' GM = GAS METER / * = Approximate Location = FIRE HYDRANT as 0 = POWER POLE 933.0 a = MANHOLE ® = TELEPHONE PED. 8 = ELEC. TRANSFORMER / = WELL ® = GATE VALVE = LIGHT POLE 0 = TREE -"` X-X- = FENCE LINE G S = SANITARY SEWER LINE �\ 0 W = WATER LINE G = GAS LINE ST = STORM DRAIN LINE �62 E = OVERHEAD UTILITY LINE =BITUMINOUS SURFACE a - CONCRETE SURFACE a A DATE I REVISION DESCRIPTION DRAWING ORIENTATION & SCALE N SCALE - 1" = 20' 0 20 40 CLIENT NAME / JOB ADDRESS JERK Y GRA Y 880 PARTENWOOD LANE OR ONO, MN Advance Surveying & Engineering, Co. 18202 Minnetonka Boulevard, Suite 401 Deephaven, Minnesota 55391 Phone (952) 474-7964 Web: www.advsur.com I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER TH LAWS OF T E OF MINNESOTA. 9 Thomas M. Bloom # 42379 LICENSE NO. JULY 28, 2025 DATE DATE SURVEYED: JULY 25, 2024 DATE DRAFTED: JULY 28, 2024 SHEET TITLE EXISTING CONDITIONS SURVEY DRAWING NUMBER 251207 TB SHEET SIZE 22 X 34 CUCCT Air) S1 SHEET 1 OF 1 M i EXISTMG FAMILY FDOM (420 (420 SF) i KlfCWN I I i IEW.W. dl UTILITIES / FIRST FLOOR PLAN 1/16" = 1'-0" 11'-3" 26'-5" 26'-01' EXISTING ENTRY EXISTING GARAGE PROPOSED ADDITION BEYOND WEST ELEVATION 3/32" = l'-0" v-S" 41'-11" NG G SOUTH ELEVATION 3/32" = l'-0" PROPOSED ADDITION TRIM TO ALIGN AND MATCH EXISTING HIGH WINDOWS CEMENT SIDING & TRIM TO MATCH EXISTING Draft Minutes Planning Commission Regular Meeting Monday, August 18, 2025, 6:00 PM :ity Council Chambers 2780 Kelley Parkway, Orono, MN 55356 5. PUBLIC HEARINGS 5.4 LA25-000035, MILLER DUNWIDDIE, 880 PARTENWOOD RD, VARIANCE The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve a variance for an average lakeshore setback for an addition to an existing building. The addition would encroach a small amount into the average lakeshore setback but would stay within the 75-foot setback. The adjacent property owner and the neighborhood architectural committee support the request. The Planning Commission discussed the item and asked questions of staff and the applicant, Jerry Gray,880 Partenwood Rd. He explained they would like to add a main floor bedroom to continue to live there and have tried hard to keep the requested exceptions minimal. Chair Bollis opened the public hearing at 6:45 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:45 p.m. Commissioners pointed out that the house is on a peninsula and the proposed addition won't impact a neighbor. Moving the utilities will be an improvement, and the neighbors have sent a letter of support. It seemed to be a reasonable way to help the homeowners stay in their homes. Tift moved, Ressler seconded, to approve LA25-000035, 880 Partenwood Rd, Variance as applied. VOTE: Ayes 6, Nays 0. 115 AGENDA ITEM Date: September 8, 2025 Item: 10 Title: LA25-000024, 1440 Baldur Park Road, Variances and CUP - Resolution 7617 Presenter: Melanie Curtis, Planner Section: Consent Agenda Purpose: This application contemplates the following land use approvals to redevelop the property with a new home: a. Lot area variance. b. Lot width variance. c. Rear yard setback variance. d. Average lakeshore setback variance. e. 75-foot lake setback variance. f. Hardcover exceeding 25% g. Hardcover within 75 feet of the OHWL, and h. A conditional use permit (CUP) to deviate from the 15-foot perimeter rescue bench required for the home to be elevated out of the floodplain on fill. 2. MN§15.99 Application Deadline: This application was submitted on June 17th and considered to be complete on August 4, 2025. The 60-day review timing will expire on October 3rd. 3. Background: On behalf of the owners, the applicant requested variances supporting a new home. The new home footprint is proposed to encroach approximately one foot into the rear/street setback, 10 feet lakeward of the 75-foot lake setback, and the 2nd story balcony encroaches 14.3 feet lakeward of the 75-foot setback and approximately 3 feet into the average lakeshore setback. Also requested is a variance to allow 31.5% hardcover. The current level is 31.9% overall (where 25% is permitted); a 232 square foot reduction in hardcover is proposed within the 75-foot setback area. Because of the need for the above variances, lot area and lot width variances are also required. Due to the low elevation on the property, FEMA floodplain regulations require the home to be elevated on fill, triggering the requirement for a 15-foot-wide perimeter rescue -bench elevation of at least 931.5' around the home. The property width limits the ability to achieve the 15-foot bench; therefore, a CUP is also required. Please refer to Exhibit E for the Planning report, which outlines the application and the analysis in greater detail. The full planning commission packet is linked here. 4. Planning Commission Vote and Comment: The Planning Commission held a public hearing on August 18th and voted 5 to 1 in favor of approval. The draft minutes from this meeting are attached as Exhibit C. 116 5. Public Comment: Public comments in favor of the application were received and are attached as Exhibit D. 6. Staff Recommendation: Planning Staff recommends approval, conditioned upon any forthcoming requirements from the MCWD and City Engineer. COUNCIL ACTION REQUESTED Council should adopt Resolution 7617 approving the application as applied. Exhibits A. Draft Resol 7617 B. Plans C. Draft PC Minutes D. Neighbor Comments E. Planning Report 117 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE CHAPTER 6.12 SECTIONS 1550; 6240; 6330; 6940; 9110; AND 9210; AND A CONDITIONAL USE PERMIT PURSUANT TO CHAPTER 6.12 SECTIONS 5020 AND 5040 FILE NO. LA25-000024 WHEREAS, on June 17, 2025, on behalf of the property owners John Bohn and Suzanne Bohn, a married couple (hereinafter the "Owners"), Boyer Building Corporation (hereinafter the "Applicant"), applied for variances and a conditional use permit pursuant to the City Code for the property addressed 1440 Baldur Park Road and legally described as: Lot 5, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for lot area and lot width variances from Orono Municipal Zoning Code Section 6.12.1550 to allow redevelopment of a property 0.18 acre in area and 40 feet of width at the ordinary high-water level ("OHWL") and 49 feet at the 75-foot setback where 0.5 acre and 100 feet in width is required; and WHEREAS, the Applicant requests a variance from Orono Municipal Zoning Code Section 6.12.1550 to allow a 29-foot setback from the rear, street lot line where 30 feet is required; and WHEREAS, the Applicant requests a variance from Orono Municipal Zoning Code Section 6.12.6240 to allow a 60-foot setback from the OHWL for the balcony and a 65-foot setback from the OHWL for the building footprint; and WHEREAS, the Applicant requests a variance from Orono Municipal Zoning Code Section 6.12.6240 to allow the new home building footprint to encroach three (3) feet lakeward of the average lakeshore setback line; and WHEREAS, the Applicant requests variances from Sections 6.12.9110 and 9210 to allow 31.5% (2,492 square feet) of hardcover where 25% is allowed and 31.9% currently exists; and WHEREAS, the Applicant requests a conditional user permit ("CUP") pursuant to Orono Municipal Zoning Code Chapter 6.12 Sections 5020 and 5040 to allow a reduction in the 15-foot 118 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 rescue bench required to support a home elevated above 931.5-foot grade level (the 1% annual chance of flooding elevation contour), and WHEREAS, on August 18, 2025, 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 allowed to speak thereon; and WHEREAS, on August 18, 2025, the Planning Commission voted 5 to 1 to recommend approval of the application as applied; and WHEREAS, on September 8, 2025, 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 application as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. 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-1 C One -Family Lakeshore Residential Zoning District. A3. The Property contains 0.18 acres in area and has a defined lot width of 40 feet at the OHWL and 49 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. The Applicant has applied for the following: a. Lot Area and Lot Width Variances; b. Rear Setback Variance; c. Average Lakeshore Setback Variance; d. 75-foot Lake Setback Variance; e. Hardcover Variance; and f. Conditional Use Permit for Rescue Bench deviation. 119 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 A6. In considering this application, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances and conditional use permit 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. PRACTICAL DIFFICULTY 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 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 proposed 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 permit the 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 available land with which to make the Property more conforming. The restricted roadway, low topography, lot size and shape, and location are challenges not created by the owners. There should be consideration for variances for the Property, which is substandard in area and setback requirements. 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." he variances are requested to permit the construction of a new home on the Property, which is reasonable. 120 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 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 6.12." This condition is not applicable. B6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a single-family residence is an allowed use in the LR-1 C 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 significant difficulties that also apply to many of the properties in the same neighborhood. The proposed setbacks 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." Other properties in the immediate neighborhood are subject to similar difficulties. 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 is 302 square feet under the 2,000 square foot maximum for properties under 10,000 square feet in area. 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 setbacks in this situation is not contrary to the intent of the zoning chapter. "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 owners. 121 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 CONDITIONAL USE PERMIT ANALYSIS: Based on the application and the evidence submitted, the city finds that the proposed use at the proposed location 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. C2. "Compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code," the proposed project will conform to all other 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 and the reduced rescue bench 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," the request includes grading and filling within the 100-year floodplain and it shall be reviewed by Minnehaha Creek Watershed 122 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 District (MCWD). 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. C11. "Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means." The applicants will be required to 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 applicant will be required to 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 or no 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 public health, public safety, or general welfare. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. 123 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 CONCLUSIONS, ORDER, AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following to support the redevelopment of the Property: • Variances from Section 6.12.1550 to allow redevelopment of a property 0.18 acre in area and 40 feet of width at the ordinary high-water level ("OHWL") and 49 feet at the 75-foot setback, where 0.5 acre and 100 feet in width is required; and • A variance from Section 6.12.1550 to allow a 29-foot setback from the rear, street lot line where 30 feet is required; and • A variance from Section 6.12.6240 to allow a 60-foot setback from the OHWL for the balcony and a 65-foot setback from the OHWL for the building footprint; and • A variance from Section 6.12.6240 to allow the new home building footprint to encroach three (3) feet lakeward of the average lakeshore setback line; and • Variances from Sections 6.12.9110 and 9210 to allow 31.5% (2,492 square feet) of hardcover where 25% is allowed and 31.9% currently exists; and • A CUP pursuant to Chapter 6.12 Sections 5020 and 5040 to allow a reduction in the 15- foot rescue bench required to support a home elevated above 931.5-foot grade level (the 1 % annual chance of flooding elevation contour), Subject to the following conditions: D1.Council approval is based on the entire record, above Findings. D2.The approved project shall conform to the survey dated June 12, 2025, revised on July 28, 2025, and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. D3.Any amendments to the plans that do not conform to City codes may require additional review by the Planning Commission and City Council. D4.Authorities granted by this resolution run with the Property, not with the Owners, 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 124 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 obtained within one year of the date of Council approval, or the variance will expire on that date (September 8, 2026). 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 September, 2025. ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 125 John Bohn, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7617 Suzanne Bohn, Property Owner This instrument was acknowledged before me this day of 20, by John Bohn, spouse of Suzanne Bohn. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 20, by Suzanne Bohn, spouse of John Bohn. Notary Public day of , E 126 I N x � � g h h \ � O a o, o x � , w � _ ;� ems• ����,� _w�' o.u. >m. � OQOQ Q a' 4 a 0 Is LU LL T O _ m 1H, '� s 4 701 °.� m y d d Lam. ,O C S F y O aTi itl L. 4 C Em,y�°3.�n$�oa 3GTo m TN y a,o c 3 c� d.0 .o �A � � w.. p. „ ..L 3 cx � oa •d33 J U o�b0oy °e may F" 4 �, .o 'e .o y•o 4°.y oyv 3b�w�«L mY�mo>'a^ADO �r:� � � s p cdycom>"o>y°—>t,00°a,¢�ua,� �q aSGG E ��oo.a '2a,2���.�b�F oo ICE � °'e�a� vc ��•� �, o a og c3 v'.- a aLc. �o O h m w C >, �� a F a u o z� rsi> > vi o coy � •d � $.� c°, A y A$�9 � q o� 127 128 ` � ` 129 130 .4 131 LEGAL DESCRIPTION: Lot 5, Block 1, BALDUR PARK, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. 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 or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you 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 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 by a current title commitment. Therefore, this survey does not purport to show any easements 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 and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 7. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 8. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 9. While we show the building setback lines, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: " * " Denotes iron survey marker, set, unless otherwise noted. DATE REVISION DESCRIPTION 7-2-25 REMOVED DECK, ADJ. SIDEWALK, SHOW EMERGENCY PATH, HC 7-28-25 REVISED PROPOSED HOME LAYOUT, GRADING DRAWING ORIENTATION & SCALE SCALE - 1" = 20' N 0 20 40 FLOODPLAIN EARTHWORK NOTE: 1. APPROXIMA TEL Y 5.7 CY FILL WITHIN FL OODPLAIN. 2. APPROXIMA TEL Y 5.9 CY CUT WITHIN FL OODPLAIN. Lake Mi nnnetonka I-OHW Line (929.4 Contour) Existing Fire Pit-_929.6 929.6 _ _ 929.8 929.6 93 0 -a 5X _Edge of ice 930• / X 931,5 93112 i X 28 J3 \ 931.2 3�} + 931.2 F X i EXISTING 100-YEAR FLOOD (931.5) \\ /+ Z 931.1 931.3 X 931.4 Y+/ ^ i - -931.5 A VERAGE LAKE SETBACK- - - - i - - 32.0 ` 31.6 i 931.6 - -931.5 � X -r 9315 - i I X 931.7 PROPOSED 100- YEAR FLOOD (931.5) 9l,�fX X 931.9 SETBACK LINE—, �o> / � ` / , 931.4 (TYP. LINE WORK) 931.4 �0 9/ + 11Z .2'-------2ND LEVEL BALCONY (DECK) 931, it ` �, _ -75' OHWL SETBACK Exs. Dwelling,so �h�', ,^9ozz / - O 20 4 LEGEND EXISTING WELL LOCATION EXISTING CONTOUR EXISTING SPOT ELEVA T/ON PROPOSED CONTOUR PROPOSED SPOT ELEV/A T/ON DRAINAGE ARROW - FLOW TREE REMOVAL �q8 EMERGENCY PA TH FOR FLOOD EVENT B� /31 00 of "r-0n \ 70 CLIENT NAME NOB ADDRESS SUZY BOUN 1440 BALDUR PARK ROAD OR ONO, MN 931.5 FO��a ,MO O/ eo f / ✓ � ` ` 931.8 { 919 z X ^7 X o PROPOSED - 0 3, 6 ho DWELLING 'OO i �gti �ggy' of E 9 4 0 �"'� i Exs Dwelling n" .V(SLAB ON GRADE) 9 ' 'moo � � y 9 � • GFE=933.5 O1 X 9X2 I 2j0 931.9 I.931.0 + �� i931 0 93", j++pry• 1� h��/' //� �`-939.0 1,5200 i 931, 931.6 f X 931.6 '6, S % 08\ \ Yl l , -Found rebor 0.5 NE Aqp � SrJ�� 931•S _ _ of comp d position. F 931.6 A% 931.7 \ \ \ \ \ Advance Surveying & Engineering, Co. 18202 Minnetonka Boulevard, Suite 401 Deephaven, Minnesota 55391 Phone (952) 474-7964 Web: www.advsur.com I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT AM A DULY REGISTERED LAND SURVEYOR UNDER ITHEOF TH KINNESOTA. Thomas M. Bloom # 42379 DATE SURVEYED: JANUARY 24, 2025 DATE DRAFTED: JUNE 12, 2025 SHEET TITLE PROPOSED SUR VEY N M - - - 930 - - - X 930.5 930 XN -ix SHEET SIZE 17 X 22 SHEET NO. S1 LICENSE NO. JUNE 12, 2025 DATE 250967 JR SHEET 1OF1 133 r V 2 J I 'r( .fir.® .. /� 9.�.✓®._._..... _. !.'�.VU��� 1 � i 0 1341 f�e-o 135 Ai N . J ✓_�i . t--iT oo �f 3 ep 1 i II � e rmev c p ,.p (nc2 -C betv, 136 QV' _ Minutes Planning Commission Regular Meeting Monday, August 18, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissiu Brandabur, Kelly Prchal, Sam Tift, and Shane Weltzin. Commissioner Andrew Staff present: Community Development Director Laura Oakden, City Plann4 Planner Matthew Karney. _ 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA Prchal moved, Ressler seconded, to approve the Agenda. 4. Tift moved, Brandabur seconded, to ap nutes of the meeting of July 21, 2025. VOTE: Ayes 61 5. PUBLIC HEARINGS , Thomas 01 F JULY 21 ning Commission 5.1. LA25-000024, BOYkUILDING CO / HN & SUZANNE BOHN, 1440 BALDUR PARK ROAD, VND CPU. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve variances for lot area, lot width, hardcover, and setback variances, and a Conditional Use Permit to construct a new dwelling. The proposal moves the structure back further from the lake and reduces the hardcover. The proposed home would be smaller than the square footage allowed but larger than the existing house. The neighbors are in support._ The Planning Commission discussed the item and asked questions of staff and the applicant, Joe Franson of Boyer Building Corp., Minnetonka. 6:05 p.m. There were no public comments. hearing at 6:05 p.m. out the proposed house would be larger in square footage than the existing house, could be allowed, and would improve other conditions, such as lake setback and noted that the house could be made smaller and not need variances, and still be larger Ressler moved, Brandabur seconded, to approve LA25-000024, 1440 Baldur Park Road, Variances and CPU as applied. VOTE: Ayes 5, Nays 1 (Weltzin). Page 1 of 5 137 July 30, 2025 City of Orono Planning Commission 2750 Kelley Parkway Orono, MN 55356 Re: Support for Variance Request at 1440 Baldur Park Road, Orono, MN Dear Members of the Planning Commission: I am writing to express my strong support for the variance request submitted by Jack and Suzy Bohn for the property located at 1440 Baldur Park Road in Orono, Minnesota. As a neighboring property owner at 1444 Baldur Park Road, I am directly adjacent to the subject property and have a vested interest in developments that may affect our community. I have had the opportunity to review the proposed plans and survey associated with this variance request. Based on my examination, I fully approve of the proposed changes. do not foresee any adverse impacts to my property, the surrounding neighborhood, or the environment as a result of this project. In fact, I believe it will enhance the aesthetic appeal of the area. I kindly urge the Planning Commission to approve this variance request, as it appears to be a reasonable and well -considered proposal that benefits the property owner without detriment to others. Thank you for your time and consideration. Please feel free to contact me at 440-241- 2801 or bma1321 @yahoo.com if you require any additional information. Sin Bryan Anderson 1444 Baldur Park Road, Orono 440-241-2801 138 July 31, 2025 City of Orono Planning Commission 2750 Kelley Parkway Orono, MN 55356 Re: Support for Variance Request at 1440 Baldur Park Road, Orono, MN Dear Members of the Planning Commission: I am writing to express my strong su pport for th e variance requ est su bmitted by Jack and Suzy Bohn forthe property located at 1440 Baldur Park Road in Orono, Minnesota. As a neighboring property owner at 1436 Baldur Park Road, I am directly adjacent to the subject property and have a vested interest in developments that may affect our community. have had the opportunityto review the proposed plans and survey associated with this variance request. Based on my examination, I fully approve of the proposed changes. I do not foresee any adverse impacts to my property, the surrounding neighborhood, or the environment as a result of this project. In fact, I believe it will align well with existing homes in our neighborhood. kindly urge the Planning Commission to approve this variance request, as it appears to be a reasonable and well -considered proposal that benefits the property owner without detriment to others. Thank you for your time and consideration. Please feel free to contact me at 612-554- 3519 or jeff_mikkelson@hotmail.com if you require any additional information. Sincerely ' 436 Baldur Park Road, Orono 12-554-3519 139 Date Application Received: 06/17/2025 Date Application Considered as Complete: 08/04/2025 60-Day Review Period Expires: 10/03/2025 Y To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner MCC O Date: 18 August 2025 Subject: #LA25-000024, Boyer Building Corp o/b/o John & Suzanne Bohn, 1440 Baldur Park Road Variances and CUP Public Hearing Application Summary: The applicant is requesting the following variances to redevelop the property with a new home: 1. Lot area variance. 2. Lot width variance. 3. Rear yard setback variance. 4. Average lakeshore setback variance. 5. 75-foot lake setback variance. 6. Hardcover exceeding 25%, and 7. Hardcover within 75 feet of the OHWL. A conditional use permit is also required to deviate from the 15-foot perimeter rescue bench required for the home to be elevated out of the floodplain on fill. Staff Recommendation: Planning Department Staff recommends approval. Background The subject property is located on the Baldur Park peninsula. The applicants have requested variances to construct a new home. The new home footprint is proposed to encroach approximately one foot into the rear/street setback, 10 feet lakeward of the 75-foot lake setback, and the 2nd story balcony encroaches 14.3 feet lakeward of the 75-foot setback and approximately 3 feet into the average lakeshore setback. On the rear, an approximate 3 square foot triangle of the home footprint is proposed to encroach into the 30-foot rear yard setback by ±one foot. Also requested are variances for hardcover to permit 31.5% hardcover overall, where the current level is 31.9% (where 25% is permitted); a 232 square foot reduction in hardcover is proposed within the 75-foot setback area. Because of the need for the above variances, lot area and lot width variances are also required. Due to the low, flat elevation on the property, they are proposing to elevate the home on fill, which requires a 15-foot-wide perimeter rescue -bench elevation of at least 931.5' around the home. The property width limits their ability to achieve the 15-foot bench; therefore, a CUP is also required. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the substandard area and width of the lot as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties 296 929.6 _ 29.9 929,6 9 L 93 (y Ed�e_o/i 9 931 °'Lof //3C9 �3 �i X931.1 .931.5�y 3r(6r�X93lb�r� $ 5 1 - / O X n % FRO POSED, ° 6 DAfFLLRNd av u�� oFFC= .0 (SLAB CW 6RAOE 9 pp¢¢ 6FE 9_65 �X 9 iyu .,a as /I .�k � ?• .520.Oi 9]� 140 FILE # LA25-000024 18 August 2025 Page 2 of 6 attached as Exhibit C, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that there are several challenging issues on this site. The lot's narrow width, the curved shoreline, and the low elevation all support granting variances. The proposed hardcover level is a 34 square foot reduction, which slightly improves the existing condition. Redevelopment of nonconforming properties can be challenging. The applicants designed a home keeping in character with the neighborhood, with as few variances as possible, and still result in a reasonable building footprint. They've received supportive feedback from their neighbors as they designed the home for the property. The narrow width and low elevation of the property present a unique challenge from a grading standpoint. The elevation eliminates the ability to incorporate a basement, which results in additional challenges relating to storage (and home square footage). The requested variances are reasonable and are supported by practical difficulties on the small, narrow property. The footprint of the home has been moved back ±8 feet farther from the lake, providing additional green space between the home and the lake to allow for better stormwater infiltration. LOT ANALYSIS WORKSHEET Section 6.12.1550 & 6.12.6940 — Setbacks: LR-1C Required Existing Proposed Rear/Street 30' 57' Home 29 1' 17.4' Detached Garage West Side 7.5' * 13.6' Home 10.9' East Side 7.5' * 5.5' Home 10, 5.8' Detached Garage Lakeshore 75' 56.6' Home 65' Home 46' Deck 60' Balcony The existing home is situated 16.5' lakeward of the average lakeshore setback Average Lakeshore line. The new home (and balcony) will encroach 3 feet lakeward of the ALS, improving the encroachments. *Exception: City Code Section 6.12.1550 (b)(1) Section 6.12.1550 — Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100, Actual 7,895 s.f. (0.18 acre) ±49' @ 75' / ±40' @ OHWL Section 6.12.6930 — Structural Building Coverage: Total Lot Area Total Structural Coverage 71895 s.f. (0.18 acre) Allowed: 2,000 s.f. Existing: 1,490 s.f. Proposed: 1,698 s.f. *City Code Section 3.12.6930(1)(b) Section 6.12.9110 and 6.12.9210 — Hardcover Calculations: Stormwater Total Area Allowed Overlay District in Zone Hardcover Existing Hardcover Proposed Hardcover Tier 1,973.75 s.f. 2,526 s.f. 591 s.f. w/in 2,492 s.f. 359 s.f. w/in Tier 1 7,895 s.f. (25 %) (31.99%) 75' setback (31.56%) 75' setback 141 FILE # LA25-000024 18 August 2025 Page 3 of 6 Applicable Regulations: Lot Area and Lot Width Variances (Chapter 6.12 Section 1550) Zoning Code Section 6.12.320 provides options for the redevelopment of lots that do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District may be redeveloped without variances from lot size and width requirements if the following standards are met: 1. All setback requirements can be met. 2. The lot is connected to a public sewer, and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter, and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for additional variances results in the property's inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required to redevelop the property. The ability to develop the property in a manner consistent with other developed properties in the neighborhood would be limited if the lot width and lot area variances are not granted. 75-foot Lake Setback and Average Lakeshore Setback Variances (Chapter 6.12 Section 6240) Although there is an improvement, the applicant's plan results in continued encroachments into the lake and average lakeshore setback areas. Rear Yard Setback Variance (Chapter 6.12 Section 1550) An approximate 3 square foot triangle of the garage footprint encroaches 1 foot into the required 30-foot rear yard setback. The lot is slightly pie -shaped as it is narrower at the lake than at the road. Hardcover Variance (Chanter 6.12 Sections 9110 & 9210 With redevelopment, the applicants are proposing to reduce the total site hardcover amount by 34 square feet or by 0.43% (31.99% to 31.56%). A hardcover reduction of 232 square feet is proposed within the 75-foot setback. Conditional Use Permit relating to elevating the home on fill (Chapter 6.12 Section 5040) Wherever floodplain filling is proposed, DNR and MCWD regulations require the floodplain to be expanded elsewhere so there is no decrease in flood storage capacity. The home is proposed to be elevated on fill to ensure that the floodplain regulations are met and positive drainage can be achieved. The City's floodplain regulations require a rescue bench around all buildings proposed to be elevated above the floodplain on fill. The fill material must continue around the perimeter of the building to create a 15-foot "rescue bench" at the 931.5' elevation. The subject property is not wide enough to comply with the 15-foot perimeter fill requirement. The Code requires a conditional use permit to formally address any departure from the fill bench requirement. Where lot size constraints prevent the fill elevation from extending 15 feet beyond the structure, a reduction in the fill extension may be allowed for lots less than 65 feet wide, provided the lot was established before October 26, 1978. The City Engineer will review the proposed grades with the formal Building Permit application to ensure the grading does not adversely impact neighboring properties. Governing Regulation: Variance (Section 6.12.530) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include, but are not limited to, inadequate access to direct sunlight for solar 142 FILE # LA25-000024 18 August 2025 Page 4 of 6 energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit, as a variance, any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit, as a variance, the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony 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. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home on this nonconforming lot are consistent with the comprehensive plan. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit the construction of a new residence on the substandard lot is reasonable. The proposed hardcover is a reduction from the existing condition. b. There are circumstances unique to the property not created by the landowner; The substandard lot size is an existing condition, and there is no available land with which to make the property more conforming. The restricted roadway, low topography, lot size and shape, and location are challenges not created by the owners. There should be consideration for variances for the property which is substandard in area and setback requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance will not alter the essential character of the locality. The variances are requested to permit the construction of a new home on the residential property, which is reasonable. Additionally, City Code Section 6.12.530 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 6.12. 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 6.12 for property in the zone where the affected person's land is located. This condition is not applicable, as a single-family residence is an allowed use in the LR-1B District. 7. The board or council may permit, as a variance, the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. 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 significant difficulties that also apply to many of the properties in the same neighborhood. The proposed setbacks and hardcover level are not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. Other properties in the neighborhood are subject to similar difficulties. 10. 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 is 302 square feet under the 2,000 square foot maximum for properties under 10,000 square feet in area. Granting of the lot area and width, setback, and hardcover variances are necessary for the preservation of the property rights of the owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, or morals, or in any other respect be contrary to the intent of this chapter. Granting the variances for lot size, hardcover, and setbacks in this situation is not contrary to the intent of the zoning chapter. 143 FILE # LA25-000024 18 August 2025 Page 5 of 6 12. 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 owners. The Commission may recommend, or the Council may impose conditions in granting variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Conditional Use Permit (Section 6.12.4090) The Planning Commission may recommend, and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. Based on the application and the evidence submitted, the city must find that the proposed use at the proposed location is, or will be: 1) Consistent with the community management plan; the proposed development of the property for residential use is consistent with the community management plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code; the proposed project will conform to all other applicable zoning requirements. 3) Adequately served by police, fire, roads, and stormwater management; in the opinion of staff this criterion is met. 4) Provided with an adequate water supply and sewage disposal system; in the opinion of staff this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; in the opinion of staff this criterion is met. 6) Compatible with the surrounding area, as the area is used both presently and as it is planned to be used in the future; the development of the property for residential use and the reduced rescue bench is compatible and consistent with the neighborhood and surrounding uses. 7) 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. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; in the opinion of staff this criterion is met. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the request includes grading and filling within the 100-year floodplain and it shall be reviewed by Minnehaha Creek Watershed District (MCWD). The proposed reduction of the rescue bench will not have an adverse impact on the neighborhood. 10) 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. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The applicants will be required to 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. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the applicant will be required to 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. 144 FILE # LA25-000024 18 August 2025 Page 6 of 6 13) 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 or no environmental impacts. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; this project should result in no additional non-residential lighting or glare; and 15) Not detrimental to the public health, public safety, or general welfare. The project should not be a detriment to public health, public safety, or general welfare. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments Letters in support of the applicant's request have been received and are attached as Exhibit I. Analysis To allow more room for grading on the narrow lot, the applicants have not fully utilized the building envelope by increasing the width of the home as close to the side lot lines as the 7.5-foot setbacks would permit. Rather, they've made minimal improvements to the encroachments on the lake and street sides, requiring variances. The applicant's plan is sensitive to massing and open space, providing approximately 2.5 to 3 feet of additional setback (open space) on both side yards, does not maximize the allowed footprint, and does not maximize the height. Staff conducted a cursory review of the proposed building height, and the home will be approximately 22 feet in height(as defined), 8 feet lower than permitted. The applicants' plan reflects a deviation from the 15-foot rescue bench requirement, which is reasonable considering the narrow width of the property. As part of this project, all building permits, the applicants will be required to install erosion/perimeter control to prevent impact on the neighboring properties. Additionally, they shall keep debris off the public roadways. Correction of any damage to the public roadways will be required to be completed as part of the building permit compliance. Issues for Consideration 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner that is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval as applied, conditioned upon any forthcoming requirements from the MCWD and City Engineer. 145 AGENDA ITEM Date: September 8, 2025 Item: 11 Title: LA25-000025, 1530 Orchard Beach Place, Variance - Resolution 7613 Presenter: Matt Karney, Planner Section: Community Development Report Purpose: To accept the findings of denial for a variance for a new accessory building within the average lakeshore setback. 2. MN§15.99 Application Deadline: The application was made on June 17, 2025 and deemed complete on June 20, 2025. The application was administratively extended an additional 60 days (120 total days), to expire on October 18, 2025. 3. Background: At the August 25th Council meeting, the Council reviewed the drafted findings to deny the average lakeshore setback application request. The owner's representative requested the application be removed from the consent agenda to the regular agenda to present new testimony. Following discussion between the representative and the Council, a motion was made to table the application to allow for new plans to be submitted. The applicant submitted an updated letter dated September 2nd, 2025 (Exhibit B), indicating that the existing plan reviewed by the City Council is the least impactful. Exhibit C contains the proposed site plan which remains unchanged from the August 11, 2025 meeting. The applicant proposes an accessory building, a pool cabana, lakeward of the average lakeshore setback, where a permitted patio and pool are under construction. As the property is adjacent to right-of-way, the average lakeshore setback is defined by the distance between the ordinary high water level (OHWL) and the adjacent residence to the east, making a setback of 129 feet from the OHWL. The Application was reviewed at the July Planning Commission meeting. On August 11, 2025, the City Council voted 4 to 0 to deny the average lakeshore setback variance. A resolution has been drafted addressing the Council's findings for denial of the application. Link to Planning Commission Packet Link to 8/11/25 City Council Meeting Link to 8/25/25 City Council Meeting 4. Public Comment: Two (2) public comments have been received, attached as Exhibit D. The applicant submitted additional information for the Council to consider, attached as Exhibit B. Staff Recommendation: Staff recommends the adoption of the denial Resolution 7613. 146 COUNCIL ACTION REQUESTED Council should consider the following options. A. If the council wishes to deny the application: Motion to adopt the denial resolution 7613, as drafted in Exhibit A. B. If the council wishes to review findings to approve the application 2 motions are necessary: 1. Motion to rescind the denial. 2. Motion to direct staff to draft findings for approval Exhibits A. Resolution 7613 B. Letters from Owner Representative 9.2.25 and 8.21.25 C. Proposed Site Plan D. Public Comments (2) 147 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7613 A RESOLUTION DENYING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 6.12.6240 FILE NO. LA25-000025 WHEREAS, on June 17, 2025, Southview Design ("Applicant"), on behalf of North Shore Funding, LLC. ("Owner"), applied for a variance from the City Code for the property addressed 1530 Orchard Beach Place and legally described as Lot 1, Orchard Beach (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 6.12.6240 to build an accessory building within the average lakeshore setback; and WHEREAS, on July 21, 2025, 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 July 21, 2025, the Planning Commission voted 4 to 0 in favor of a motion to recommend approval of the variance conditioned that the building meet a 10-foot separation from the principal structure, and WHEREAS, on August 11, 2025, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, on August 25, 2025, the City Council reviewed findings for denial of the application and was presented new testimony from the Owner, where a motion to table for the Applicant to submit amended plan; and WHEREAS, on September 8, 2025, the City Council reviewed additional information submitted by the Owner and findings for denial of the application; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variance as described above based on one or more of the following findings of fact concerning the Property: 148 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7613 FINDINGS OF FACT: Al. This application was reviewed as Zoning File LA25-000025. 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. A2. The Property is located in the LR-1 B (One -Family Lakeshore Residential) Zoning District. A3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A4. As the property is adjacent to right-of-way, the average lakeshore setback is measured as 129 feet from the Ordinary High Water Level of Lake Minnetonka. A5. Applicant has applied for an average lakeshore setback variance for a new accessory building. A6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: B1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance; the average lakeshore setback is intended to protect lake views from the homes on adjacent lakeshore properties. The proposed placement of the building would have minimal impact to the neighboring sightlines due to the orientation of the lot and the established vegetation on the site. There are other portions of the applicant's property, although streetward of the house, that the proposed accessory building could be constructed to conform to the average lakeshore setback. A variance in this case, where conforming alternatives exist, conflicts with the intent and purpose of the average lakeshore setback. The proposed current has a principle building of a single family home on the site. This criterion is not met; and B2. Variances shall only be permitted when consistent with the comprehensive plan; the proposed variance to construct a building, accessory to an existing primary residential use is consistent with the Comprehensive Plan; and 149 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7613 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; reasonable use is established by the principal building on the property. The request to construct an accessory building should be proposed in a location that meets the applicable official zoning controls. This criterion is not met; and b. The plight of the landowner is due to circumstances unique to his property not created by the landowner; there are not circumstances found to be unique to the property. This criterion is not met; and c. The variance, if granted, will not alter the essential character of the locality; the character of the locality may be altered. The character of the locality is based on Lake Minnetonka. The accessory building would be visible from the lake and inconsistent with the neighborhood. B4. Economic considerations alone do not constitute practical difficulties; economic considerations were not the sole basis for the finding of practical difficulties with the applicant's request; and 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; and B6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located; the property is allowed to have accessory buildings within the LR-18 zoning district; and 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; and B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property; there are not special conditions applying to the proposed accessory building. There are not special conditions applying to the land as the primary residence of the subject property is situated at approximately the same distance from 150 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7613 the ordinary high water level as the adjacent residence to the east. This criterion is not met; and B9. The conditions do not apply generally to other land or structures in the district in which the land is located; the conditions of this property do apply generally to other land or structures in the district, and in the general area. The shoreline of Lake Minnetonka creates unique property boundaries for the land in the area and not just for this property. This criterion is not met; and B10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant; the applicant has an existing primary use of the property with a single-family residence, and the proposal for an accessory building in a non -conforming location is not reasonable for the preservation and enjoyment of the owners' property rights. This criterion is not met; and 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; approval of variances to permit an accessory building within the average lakeshore setback would be contrary to the intent and purpose of the zoning regulations. The existing home meets the average lakeshore setback, and the area of the property outside of this setback is sufficient in size to support the location of the proposed accessory building. This criterion is not met; and B12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty; the granting of the requested variance would not alleviate a demonstratable difficulty and would only serve as a convenience to the applicant. There has not been a hardship established by the applicant as to why a conforming location on the property for this building cannot be used. This criterion is not met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby denies the variance to Orono Municipal Zoning Code Section 6.12.6240 to construct a new accessory building within the average lakeshore setback. ADOPTED by the Orono City Council on this 8th day of September, 2025. 151 ATTEST: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7613 CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 152 STI\SO\ September 2, 2025 Bob Tunheim Mayor btunheimkoronomn. gov Steve Persian Council Member spersian&oronomn. gov Alisa Benson Council Member abensongoronomn.gov Jacqueline Ricks Council Member jricks&oronomn.gov Timothy Kelley DIRECT: 612.335.1458 OFFICE: 612.335.1500 timothy.kelley@stinson.com Jon Schwingler Council Member j schwingler(&—oronomn. gov Re: #LA25-00025, Southview Design,1530 Orchard Beach Place Variance Request Dear Mayor and Council Members: The Owner appreciates the City Council's willingness to further discuss the Variance Request at its August 25, 2025 meeting and the opportunity to submit additional information in response to feedback given at that meeting. Specifically, Council Member Ricks asked whether the Owner had considered locating the pool cabana closer to the pool equipment and changing the cabana's orientation. The Owner has evaluated three locations: • The first location is shown on Exhibit A. This is the location the Owner presented to the Planning Commission, and it required a variance from the average lakeshore setback and the 10-foot setback from the house. The Planning Commission unanimously recommended approval of the variance from the average lakeshore setback if the Owner changed the pool cabana's location to meet the 10-foot setback. • Based on the Planning Commissions' feedback, the Owner revised the plan and presented a second location, which is shown on Exhibit B. The second location is the location the Owner presented to the City Council. This location meets the 10-foot setback and sideyard setback requirements. • Based on the feedback from Council Member Ricks, the Owner evaluated a third location and changed the cabana's orientation. The third location is closer to the pool equipment and shown on Exhibit C. Given the prior feedback, the Owner did not consider moving the pool cabana to a location that is less than 10-feet from the home. The third location would require a variance from the average lakeshore setback and the sideyard setback. 50 South Sixth Street, Suite 2600, Minneapolis, MN 55402 STINSON LLP \ STINSON.COM 231369129.1 153 September 2, 2025 Page 2 The Owner believes the location shown on Exhibit B is a reasonable location. This location does not interfere with the lake views from homes on the adjacent lakeshore lots and meets all other setback requirements, except for the average lakeshore setback. Exhibit B-1 is a 3D rendering of the pool cabana. Because the fireplace does not face the lake, the Owner believes the current orientation of the cabana is appropriate. In addition to location, there were discussions at the last meeting on what the variance standard imposed by Minn. Stat. § 462.357, subd. 6 requires and how the City applied that standard. "Cities should ensure their ordinance provisions for granting variances agree with the standard provided in the Municipal Planning Act."' Under that Act: "Practical difficulties is the legal standard set by state law (Minn. Stat. 462.357, subd. 6)." "Minnesota cities must apply the practical difficulties standard when considering applications of variances. To constitute practical difficulties, a variance application must meet all three of the following conditions: • The property owner proposes to use the property in a reasonable manner. • The landowner's problem is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality (Minn. Stat. 462.357, subd. 6(2). Economic considerations alone cannot constitute practical difficulties. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance, and when the terms of the variance are consistent with the comprehensive plan.112 In various reports and at meetings discussing this application, there have been statements made that the Owner cannot meet the practical difficulties standard because the existing primary residence establishes the Owner already has reasonable use of the property. That position misapplies the reasonableness factor and is inconsistent with Minnesota law. Under the reasonableness factor, "[t]he [O]wner is not required to `show that the land cannot be put to any reasonable use without the variance. 1113 The Owner needs only to establish "that the proposed use is consistent with reasonable use of the property" in a manner not permitted by the zoning ordinance.4 Thus, the reasonableness factor focuses on the reasonableness of the proposed use, not on an existing use of the property or on whether the proposed use is a needed use that the owner must have in order to reasonably use his or her property. For the reasons stated in my August 21, 2025 letter, the Owner believes the reasonableness factor and the practical difficulties standard have been satisfied. 1 hgps://www.Imc.or2/resources/land-use-ordinance-updates/ (last visited September 2, 2025) 2 Id. 3 Herbst v. City of Deephaven, 2025 WL 1023871, at *5 (Minn. App. 2025) (quoting Rowell v. Bd. Adjustment of the City of Moorhead), 446 N.W.2d 917, 921 (Minn. App. 1998) (emphasis added). 4 Id. 231369129.1 154 September 2, 2025 Page 3 The Owner and Owner's architect will be at the City Council's September 8, 2025 meeting and available to answer any questions the City Council may have about these locations. Thank you for your consideration of the Owner's variance application. Sincerely, Stinson LLP Timothy Kelley cc: Laura Oakden (via e-mail only) Matthew Karney (via e-mail only) 231369129.1 155 EXHIBIT A 156 Ider Walls M 94s 4 O 1iii 1 Wof---"i•.•n. u Gobora D D O I Ex. St000 UTILITIES KEY Symbol Fixture aTY ® Downspout 8 H2O Spigot 1 0 Well 1 © Sump 1 ® Catch Basin (Existing) 4 ® Electrical Outlet 1 ® Electric Meter 1 Gas Meter 1 IIIII Catch Basin (Proposed) 1 V945 \ Height / 72' ; 944 Wcll Height / 1'9.72' Baal � 75Setback Line *�Wcll Height / 2'9?2' 943 r Wcll Height / 17.8' �_ Wcll Height / 17.8' Plant List Report Common Nome Size Eaty TREES Spring Snow Crabapple 1 Day Vanilla Strawberry Hydrangea Tree 2 EVERGREENS I*Degroot's Spire Arborvitae 4 Dwarf Globe Blue Spruce 5 Allift- VPyramidal Arborvitae 4 Scotch Bonno Hindu Pon 1 SHRUBS ` Bobo Hydrangea 5 ®Fire Light Tidbit Hydrangea 7 0Green I"lountoin Boxwood 4 # lncrediboll Smooth Hydrangea C I- 1" Iinuet Weigelo 1� 116* Pink SporklerTM Spireo 11 PERENNIALS OFIrelboll Bee Balm 15 Korl Foerster Feather Reed Gross 5 *5henondooh Switch Gross 10 () Summer Beauty Allium 5 AMIL Walker's Low Nepeto 5 GROUND COVERS *Red Creeping Thyme 51 VINES OTHERS EXISTING ODemo Existing Evergreen Shrub 5 ODemo Existing Tree 1 OExisting Evergreen Shrub 50 aExisting Ornamental Tree 1 aExisting Tree 20 III ool Equipment Ex. House a 0 :Droposec Hlevctions / O 9:00 AM Minneapolis July 20 Proposed Hardcover Existing Deck = 445 SF Existing Driveway = 2936 SF Existing House = 4607 SF Existing Steppers = 45 SF Existing Steps = 15 "F Existing Stoop = 400 SF Proposed Concrete Walls = 117 SF Proposed Patio = 2962 SF Proposed Pool = 880 SF Proposed Steppers = 55 "F Proposed Steps = 89 SF Total Hardcover = 12551 SF Total Lot Area = 58037 SF Percent Hardcover = 21.63 % / CD o w u_ ........ 94c.44 94c.44 Fireplace Pergola X. Deck Raised Planters Boulder Walls Ex. Deck _ f Ex. Deck Columns - o® a ° Columrs Hot Tub �40.02 -Bar940 Wood Steps v �40.11 r 94e.11 � v v 940.11 -- / o - C C?s ° L g"4g" 40" 214"Cn \ � 1 ro" � J o _ -.�►� . �� je v v v ° I/ \ \ \ L �� v Store Walls f J "" 0 946.11 0 943.G1 943. cl Columns 470 I 1043.81 ++Q_4c°4qlr / i t Wcll Height /�2�.7722 494s o \ � a Stone Walls _ 43.23 \ Fire Pit \ \ \ \ o a 4 943 \ � 943 \ 0 \ ti �}ry ll!! w e \ L 942 � I � I 4 941 � N, Resod Yo 11%1 93s 4 / I \ 934 A 932 � ` 931 0 � I Tcp p 2cp � 030.4\ 3� \ 2� r Toe 3culcer / 928.4 Tcp Zip 2cp 93 O Toe 3oulcer / 928.4 0 9'33 Tcp 21p 2cp / 930.4 � Toe 3oulcer / 928.4 Water Level: -1320' On 03/1-13/25 �v \ 934 \\ 1 \ 100-Yea ° Elevation a \ \ 933 v I O HW: 3 \ 932 Tcp�-Ipp Water Li EXHIBIT A Toe 3culcer / 928.4 \ Designer: Measure Input: Josh Koller SH Design Associate: Measure Team: Brett S c h ra b e r Nick Heiling CB, SH 2383 Pilot Knob Rd -- Sheet Print Date:2025-07-09 Backyard Design Plan Mendota Heights, MN 55120 5 of 15 File Name: 2025-06-06_Schraber.vwx Phone: 651-203-3000 Fax:651-455-1734 SOUTHVIEW This drawing contains proprietary information which belongs hi ited. iew 153 0 Orchard Beach Place g � D E S I G N --v Scale: Design Inc. Any unauthorized duplicationoruse isstrictly prohibited.SouthvieWDesi n.com Mound, MN. 55364 1 1 1 landscape contractors 1 /8„ = 1 +_0„ Released By: Date Released:-/-/ NO Date Revision Notes NO I Date I Issue Notes Existing Hardcover Existing Deck = 445 SF Existing Driveway = 2936 SF Existing House = 4607 SF Existing Patio = 1018 SF Existing Steppers = 45 SF Existing Steps = 15 SF Existing Stoop = 400 SF Total Hardcover = 9466 SF Total Lot Area = 58037 SF Percent Hardcover = 16.31 % 157 EXHIBIT B 158 - Boulder Walls ISit Fenc \ Ex. Boulder Wall \ \ \ \ \ \ \ \ \ \ Setback Line Old Cabana \ \ I Cabana — Cabana Roof 2� QSe�er� n 0 Neighboring �-'Iroperties Sight ine \ Ex. Stoop UTILITIES KEY Symbol Fixture aTY ® Downspout 8 H2O Spigot 1 Well 1 © Sump 1 ® Catch Basin (Existing) 4 ® Electrical Outlet 1 ® Electric Meter 1 Gas Meter 1 IIIII Catch Basin (Proposed) 1 ool Equipment ■ 00, 75Setback Line \ \ \ Stone \ Hau load � \ (repaired/pep aced \ \ To Exis Cond. \ Or ette r) ` \ \ O \ \ Lift- Station � \\ StF Ex. House Deck r- -� I I I I I 54" 40" I I I __4-- umns e nce \ \ \ \ \ O \ \ \ \ \ ice.. 100-Year Food E evo ti o n 031.5 OHW: 020.4' Water Line Resod Yo 9:00 AM Minneapolis July 20 Wood Deck i lost Tub Neighboring 'properties Sight ine Fire Pit 10 IN �V Water Level: -1320' On 03/1-13/25 EXHIBIT B ----Sit Fence i Boulder Walls I� o I o ° N. e ♦ I I `♦ I � � I \` 100-Yea \\ Elevation \ \ I O HW: 0 \ s�.ALE Water Li 8 O 8 1C uesigner: measure input: Josh Koller SH Design Associate: Measure Team: Nick Heiling CB, SH Sheet Print Date:2025-08-22 16 of 20 File Name:2025-06-06_Schraber.vwx Scale- This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. /8„ = 1 +_0„ Released By: Date Released:_/ /_ Brett Schraber Cabana Location 1530 Orchard Beach Place Mound, MN. 55364 NO I Date I Revision Notes INO I Date I Issue Notes 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Eet.tWTr 1978 SOUTHVIEW ODE SIGNS landscape contractors 159 EXHIBIT B-1 160 j- N" 7Z Designer: Measure Input: Josh Koller CB, SH Design Associate: Measure Team: Nick Heiling SH Schraber Sheet Print Date: 2025-04-15 3D Scenes 7 of 16 File Name: 2025-04-14 Schraber 3D.vwx Slocale: This drawing contains proprietary information which belongs to Southview 1530 Orchard Beach Place Design Inc. Any unauthorized duplication or use is strictly prohibited. Mound, MIN 55364 Released Bv: Date Released: EXHIBIT B-1 i � 2383 Pilot Knob Rd Revision Notes Mendota Heights, MN 55120 Phone 651-203-3000 Fax 651-455-1734 SOUTHVIEW SouthviewDesign.com sDESIGNr Issue Notes 1161 EXHIBIT C 162 ISit Fer \ Ex. Boulder Wall \ Ex. Stoop UTILITIES KEY Symbol Fixture aTY ® Downspout 8 H2O Spigot 1 Well 1 © Sump 1 ® Catch Basin (Existing) 4 ® Electrical Outlet 1 ® Electric Meter 1 Gas Meter 1 IIIII Catch Basin (Proposed) 1 ool Equipment Ex. House T I I I I I 54" 40" I I I umns \ Stone Walls \ \ \ Hau load � \ (repaired/pep aced \ \ To Exis Cond. \ Or ette r) ` \ C� Lift- Station o � i Sllt Fences 100-Year Food E evo ti o n 031.5 OHW: 020.4' Water Line \ \ \ \ \ \ \ \ \ \ Deck Cl�O�i lumns Fire Pit Water Level: -1320' On 03/1-13/25 EXHIBIT C 9:00 AM Minneapolis July 20 Wood Deck i lot Tub Neighboring 'properties Sight ine ----Sit Fence I I Boulder Walls IN 1 I Q0U e ♦ I I `♦ I � � I \` 100-Yea \\ Elevation \ \ I O HW: 0 \ s�.ALE Water Li I N; Josh Koller )esign Associ Nick Heiling treasure input: SH /leasure Team: CB, SH 16 of 20 File Name:2025-06-06_Schraber.vwx Scale- This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. /8„ = 1 +_0„ Released By: Date Released:_/ /_ Brett Schraber Cabana Location 1530 Orchard Beach Place Mound, MN. 55364 NO_i Date I Revision Notes INO_I Date I Issue Notes 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Eet.tWTr 1978 SOUTHVIEW ODE SIGNS landscape contractors 163 STI\SO\ August 21, 2025 Bob Tunheim Mayor btunheim(koronomn. gov Steve Persian Council Member spersiangoronomn. gov Alisa Benson Council Member abensongoronomn.gov Jacqueline Ricks Council Member jrickskoronomn. _ og_v Timothy Kelley DIRECT: 612.335.1458 OFFICE: 612.335.1500 timothy.kelley@stinson.com Jon Schwingler Council Member j schwinglergoronomn. gov Re: #LA25-00025, Southview Design, 1530 Orchard Beach Place Variance Request Dear Mayor and Council Members: I represent the Owner of 1530 Orchard Beach Place. The Owner requests that the Council reconsider its denial of the request for a variance from the average lakeshore setback. The Council has "a well -established right to reopen, rehear, and redetermine [a] matter even after a determination has been made."I The Council should exercise this well -established right, reconsider the variance request and grant it. The City should take these actions because its prior denial misapplied the statutory standards applicable to variances and lacked factual support. The Owner requests that the Council place this matter on the agenda at its August 25, 2025 meeting and take the action requested. Variances "A variance is a way that cities may allow an exception to part of a zoning ordinance. It is a permitted departure from strict enforcement of the ordinance as applied to a particular piece of property. A variance is generally for a dimensional standard (such as setbacks or height limits). A variance allows the landowner to break a dimensional zoning rule that 1 Klockman v. Le Sueur County Bd. of Com'rs, 2015 WL 3879640, at *5 (Minn. App. 2015) ("[C]ounty board was not precluded from reconsidering its initial denial of respondents' application for a CUP within a one-year period."); In re N. Metro Harness, 711 N.W.2d 129, 135-36 (Minn. App. 2006) (concluding that racing commission had inherent authority to reconsider the application when it acted with diligence). 50 South Sixth Street, Suite 2600, Minneapolis, MN 55402 STINSON LLP \ STINSON.COM 231030270.2 164 August 21, 2025 Page 2 would otherwise apply.112 Here, the Owner requested a variance from a dimensional standard, the average lakeshore setback (Setback).3 The Purposes and Intent of the Setback Ordinance At the Planning Commission and City Council meetings, City representatives repeatedly said or agreed that (1) the purpose and intent of the Setback ordinance is to protect lake views from homes on adjacent property, and (2) the Owner's variance, if granted, would not interfere with or affect lake views from homes on adjacent property. In fact, the record establishes that the adjacent property owners to the east and west would have to look backwards to see the pool cabana. Under these circumstances, the City's denial defies common sense and lacks a rational basis. In contrast to the City Council's decision and the Staff s recommendations, the Planning Commission correctly applied the practical difficulties standard and unanimously recommended approval of the Setback variance on the condition that the pool cabana meet the setback requirement from the primary residence. The Owner agreed and adjusted its plan to meet that requirement. Statutory Standards for Granting a Variance Minn. Stat. § 462.357, subd. 6(2), establishes the standards the City must apply to a variance request: • "Variances shall only be permitted when they are in [a] harmony with the general purposes and intent of the ordinance and [b] when the variances are consistent with the comprehensive plan." • "Variances may be granted when the applicant 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 [1] the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; [2] the plight of the landowner is due to circumstances unique to the property not created by the landowner; and [3] the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practice difficulties.' 4 2 https://www.Imc.orv,/resources/land-use-variances/ The City, as expected, relies on publications from the League of Minnesota Cities. See e.g., https://www.oronomn.gov/254/City-Council (including a link to League's Handbook for Minnesota Cities). 3 Owner reserves, and does not waive, all arguments that the Setback does not apply to the pool cabana. 4 Minn. Stat. § 462.357, subd. 6(2). 231030270.2 165 August 21, 2025 Page 3 "In considering a variance application, a city exercises 'quasi-judicial' authority. This means the city acts like a judge in evaluating the facts against the legal standard. The city's role is limited to applying the legal standard of practical difficulties to the facts presented by the application. If the applicant meets the standard, then the city may grant the variance.115 Thus, when considering a variance application, the City has much less discretion as compared to when it exercises legislative authority.6 When the facts are applied to the legal standard established in Minn. Stat. § 462.357, subd. 6(2), it is clear there is no legal or factual basis to deny the Owner's variance request. (a) A variance that does not interfere with lake views is in harmony with the general purposes and intent of a Setback Ordinance that the City says is intended to protect lake views. The Staff Report states that the Setback ordinance "is intended to protect lake views from homes on adjacent lakeshore property." Thus, the only way for the variance to not be in harmony with the Setback ordinance is if the pool cabana interfered with lake views from homes on adjacent lakeshore property. It does not. The record establishes that the pool cabana would not interfere with lake views from the adjacent home to the west or the adjacent home to the east. This means that the variance is in harmony with the general purposes and intent of the Setback ordinance. Any finding to the contrary lacks a rational basis. (b) Comprehensive Plan. The Staff Report states that the "proposed variance to construct a building, accessory to an existing primary residential use is consistent with the Comprehensive Plan. This criterion is met." The Owner agrees. (1) Reasonableness. Under the statute's reasonableness standard, the Owner needs only to establish "that the proposed use is consistent with reasonable use of the property" in a manner not permitted by the zoning ordinance.? The Owner satisfied this standard. 5 hops://www.Imc.org/resources/land-use-variances/ 6 Id. 7 Herbst v. City ofDeephaven, 2025 WL 1023871, at *5 (Minn. App. 2025) (quoting Rowell v. Bd. Adjustment of the City of Moorhead, 446 N.W.2d 917, 921 (Minn. App. 1989). 231030270.2 166 August 21, 2025 Page 4 The City Code permits accessory buildings in the lakeyard, so the Owner's proposed use — a pool cabana in the lakeyard — is consistent with reasonable use of the property. It is also reasonable for the Owner to propose that the pool cabana be located in the same yard as the pool. It is important to note what the reasonableness standard does not require. "The owner is not required to `show the land cannot be put to any reasonable use without the variance. "'8 Yet, this is what the City required. At the Council meeting and in the Staff Report, the City focused on the assertion that reasonable use of the Owner's property is already "established by the principal building on the property." Said another way, the City determined that the Owner could never satisfy the reasonableness standard because the existence of the principal building means the property can be put to a reasonable use without the variance. That is not what the reasonableness standard requires. Under the reasonableness standard, the focus is on the reasonableness of the use proposed, not the existing uses on the property. The City misapplied this standard. (2) Uniqueness. The record also shows the Owner's need for the variance is due to circumstances unique to the property not created by the Property Owner. "Whether an application satisfies this requirement depends on `all the circumstances surrounding the property,' and thus is `not limited to the purely physical condition of the land. `9 The unique circumstances surrounding the property include: 1. The property being located next to a right-of-way. 2. The lot to the west of the right-of-way is not a vacant lot and the primary residence on that lot is only 30-40 feet from the Lakeshore. 3. The unique shape and form of the lakeshore on the Owner's property materially increases the impact of the Setback, which due to the right-of-way, is based only on the residence to the east. 4. Persons at the residences on either side of the Owner's property will not see the pool cabana unless they turn away from the lakeshore. This is not a circumstance where the variance, if granted, would in any way impact a lake view. 8 Id. 9 Herbst, 2025 WL 1023871, at *5 (quoting Merriam Park Community Council, Inc. v. McDonough, 210 N.W.2d 416, 421 (Minn. 1973), overruled on other grounds, Nw. Coll. v. City of Arden Hills, 281 N.W.2d 865, 865 (Minn. 1979); State ex. rel. Neighbors for East Bank Livability v. City of Minneapolis, 915 N.W.2d 505, 509 (Minn. App. 2018). 231030270.2 167 August 21, 2025 Page 5 If the right-of-way did not exist, the Owner would not need a variance. As the planning commission found, this fact alone satisfied the unique circumstances standard. At the Council meeting, it is apparent the City believed that because other properties in the City abut a right-of-way a unique circumstance could never exist. That is wrong for at least two reasons. First, the City ignored the other unique circumstances referenced above. Second, the uniqueness standard does not mean "for a property to be unique for purposes of a variance, it must be one -of -a -kind and there must be no other property in the relevant vicinity with the same characteristics that justify the variance request. The supreme court has never interpreted `unique' so narrowly."10 Rather, the "unique -circumstances requirement" is met when the property owner demonstrates unique circumstances "not reflective of conditions general in the neighborhood."11 The unique circumstances associated with the Owner's property, including the location of the right-of-way, are not reflective of conditions general in the neighborhood. There is no rational basis to find otherwise. (3) Essential character of the locality. The record also establishes that granting the variance will not alter the essential character of the locality. As discussed above, the purpose and intent of the Setback Ordinance is to protect lake views. The variance for the pool cabana, if granted, will not affect anyone's lake view. The Staff Report's proposed finding on this standard is illogical. It states: The character of the locality may be altered by approval of this variance. The character of the locality is based on Lake Minnetonka. However, part of this character involves utilization of outdoor patios and similar spaces that do not impact lake views of adjacent properties. An accessory building within the average lakeshore setback could impact this character in a negative way.12 There is no factual support for this proposed finding because there is no evidence that a pool cabana would impact lake views of adjacent properties. The only evidence in the record is that the pool cabana does not impact lake views of adjacent properties. 10 Id. at *6. 11 Id. 12 Emphasis added. 231030270.2 168 August 21, 2025 Page 6 (4) Economic Considerations. The Owner does not base the variance request on economic considerations, so the economic considerations standard is inapplicable. City Staff agrees. The Staff Report states "Staff does not find any economic considerations pertinent to the applicant's request." Despite that affirmative statement, the Staff Report indicates "[t]his criterion is not met." The Owner trusts that is a typo. If it is not a typo, then there is no factual basis for that statement because there are no economic considerations are pertinent to the variance request. (5) Additional Standards the City Code Imposes. The Staff Report evaluates standards the City Code imposes in addition to the statutory standards. The City's additional standards should not apply because Minnesota statutes, not city ordinances, "establish the requirements for a [city] to issue a variance that deviates from the requirements of an official control."13 Even if the additional standards apply, the Owner satisfied them: • Special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining �property: The unique circumstances established above satisfy this standard. • The conditions do not apply generally to the other land or structures in the district in which the land is located. Again, the unique circumstances established above satisfy this standard. • The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the application. This additional standard conflicts with the statutory reasonableness standard and inapplicable for that reason. The City Code permits accessory buildings in the lakeyard, so the Owner's proposed use — a pool cabana in the lakeyard — is consistent with reasonable use of the property. It is reasonable for the Owner to propose that the pool cabana be located in the same yard as the pool. • 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. This standard is akin to the statutory harmony and essential character standards. For the reasons stated above, the Owner satisfied these standards. 13 Davis v. Le Sueur County Planning and Zoning Board ofAdjustment, 2018 WL 2407262, at *6 (Minn. App. 2018). 231030270.2 169 August 21, 2025 Page 7 • The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. This additional standard conflicts with the practical difficulties standard and inapplicable for that reason. Even if the standard applied, the Owner satisfied it. The Staff Report states the variance "serve[s] as a convenience" and there has not "been a hardship established by the applicant as to why a conforming location on the property for this building cannot be used."14 The Staff s reference to a hardship shows that the City incorrectly applied an undue hardship standard to this variance request — a standard the Minnesota legislature got rid of approximately 15-years ago and that is "more rigorous" than the practical difficulties standard.15 The difference between the old "undue hardship" standard as applied by the courts, and the "practical difficulties" standard, is that property owners no longer have to show that the property cannot be put to a reasonable use without the variance. Here, the Owner requests a variance to locate a pool cabana close to a pool. This is not a matter of convenience, but one of common sense. It would makes no sense to locate the cabana in the front yard, as the Staff suggested. In short, the Owner seeks a variance from the Setback Ordinance — an ordinance's intent and purpose is to protect the lake views. The variance, if granted, would not interfere with lake views. As shown above, the City's denial of the variance lacked a legal and factual basis. The City Council should move to reconsider the Owner's application and grant it. Finally, to the extent the City Code affords the right to an administrative appeal of the City Council's denial of the variance request, this letter serves as the Owner's written notice of appeal. Sincerely, Stinson LLP Timothy Kelley cc: Laura Oakden (via e-mail only) 14 Emphasis added. 15 See In re Stadsvold, 754 N.W.2d 323, 332 (Minn. 2008) (practical difficulties standard is "less rigorous") 231030270.2 170 0 r 78" 54" U�.���.UJ��_■fir Ica ■■�i AIM, �� ■ ��� '• 1201� SOUTHVIEW �D�F3IGIYr I2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 \ Fax: 651-455-1734 South viewDesign.com I 4_ \ Date Issue Notes U U a O U LO vCa m z o V O . m o M Josh Koller esign Associate: Nick Heiling ❑ MeasureTeam: CB, SH Measure Input: SH Print ate: 2025-07-29 File Name: 2025-06-06 Schraber.vwx This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. °��y ❑ �� ,r9 Released By: Date Released: I / Sheet 17of20 Scale- I N 171 To: Orono Mayor and City Council. Re: LA25-000025, 1530 Orchard Beach Place We are writing today because we will not be able to attend the Council meeting tonight. We are the second lot over to the east of the property at 1530 Orchard Beach Place. What we are writing about and you are reviewing tonight is: An Average Lakeshore Setback Variance to construct an accessory building. Please read that 3 times to make sure we are all on the same page. An accessory building and pool that will be directly viewable from the windows at the foot of our bed. I struggle to understand how a variance for an accessory building would almost ever have any sort of hardship on a lot that already is very large, not oddly shaped, and has a large, beautiful home existing. It is my understanding that variances are applied for and received when people cannot use their property the way it was intended to be used for a home. It is extraordinarily uncommon to have a pool on a Lake Minnetonka property in Orono, and it is even more uncommon to have an accessory structure with your pool on Lake Minnetonka in Orono. I am sure the Planners and the City attorney could verify for you how many average Lakeshore setback variances have been given for accessory structures in the history of the city, but my search shows none that I can find, so this seems quite extraordinary. The home that exists on the property benefited from the applied street adjacent Lakeshore setback rule in question when built because there was no structure across the street in question at that time, and the nearest home would have driven the Average Lakeshore Setback towards North Shore Dr,. where the original home that was removed was sited. Now the home would like relief from that same rule; it seems odd to have it both ways. If this variance is granted, the average Lakeshore setback for the home immediately to our West, between our property in 1530 Orchard Beach Place, will have a new average Lakeshore setback and will be able to build a new accessory building of their own with no variance. Subsequently, we will have a new average Lakeshore setback, and we too will be able to build a new accessory structure of our own, and on and on and on. This is why average Lakeshore setback variances always have a domino effect whenever they are given, and should only be given when there is a true hardship. It is obviously our opinion that there is no hardship here to grant an average Lakeshore setback variance for an accessory building on a large lot with a large home already existing. Thanks for your consideration, 172 Bill & Mary Titler 952-451-8482 4209 N. Shore Dr Orono, MN 55364 173 Douglas and Diane Waldoch 4215 North Shore Drive Orono, MN 55364 7-21-2025 To Whom It May Concern, I, Diane Waldoch, the owner of the property located at 4215 North Shore Drive, am writing to confirm that I am aware of and have no objection to the proposed location of the cabana project planned at Brett Schraber's property located at 1530 Orchard Beach Place. I have reviewed the plans and understand the proposed location of the cabana relative to our shared property line. I have no concerns with the placement and support the project moving forward as described. I believe the cabana will be a tasteful addition to the property and will not negatively impact the surrounding homes. Please feel free to contact me if further information is needed. Sincerely, Diane Poch 174 AGENDA ITEM Date: September 8, 2025 Title: Wellhead Protection Plan Presenter: DJ Goman, Public Works Superintendent Section: Public Works Report Item: 12 Purpose: The purpose of this council action is for Minnesota Rural Water Association to give a brief update on Part One of the city's wellhead protection plan and to approve moving forward with Part Two. 2. Background: The city is required to have and update our wellhead protection plan. This plan covers our municipal wells and establishes protections area around them from known and potential threats. Some examples include but not limited to industrial and commercial operations. Orono is updating its Wellhead Protection Plan as required by Minn. R4720.5330, Sub p. 6. This plan is important because it helps protect the underground areas where our city's drinking water comes from. The Minnesota Department of Health has already approved Part 1 of the plan. This part of the plan focuses on: Mapping the area around city wells where drinking water comes from (the "wellhead protection area"). Defining the boundary of the broader area that contributes water to our wells (the "drinking water supply management area"). Studying how vulnerable our water supply is to pollution. The technical review shows that Orono's wells are considered low vulnerability, meaning they are protected and not easily affected by surface contaminants. 3. Cost: Bolton & Menk proposes to complete the WHPP Part 2 on a lump sum basis for an estimated total cost of $31,690. 4. Process: This is an informational session where the plan will be explained and questions will be answered. Residents are also welcome to share any questions, concerns, or feedback about protecting our water supply. 5. Staff Recommendation: Staff recommends moving forward with the plan as outlined. COUNCIL ACTION REQUESTED Motion to proceed and authorize Bolton and Menk to work with city staff and consultants to complete Part 2 of Wellhead Protection Plan for cost of. $31,690.00. 175 Exhibits A. Assessment Summary - Delineation and Vulnerability B. WHPP Part 2 Scope of Service - Bolton & Menk 176 City of Orono Wellhead Protection Plan Amendment— Part 1 Delineation and Vulnerability Assessment Summary 177 rrqu-ziwn i4-vieps-euurt-rono_r r i -oms mepori-onu meporteprx Layuur. rryure c O Water Supply Well 0 ERA 0 WHPA DWSMA r'; Orono Boundary Other Municipal Boundaries msxurono n i—no mepomurono mepon.aprx Kayo io ❑rw vvn ana uvva user: armz r—" _ -S: - O Water Supply Well .^k� � �.. 1. - �i,•Y,.�.. - -_ 1- G k 1� F�. ` _ �_ Orono Boundary N"._. 4U,!. - Ef] Other Municipal Boundaries ERA Q WHPA DWSMA _ �• 4_ Orono#4 . `�`r. Orono #3 �}... - ------ ---- ----- ---- — —.� ---- ------- Le A iff s -- � - �� w *�'�..:� � : •``-tip. I 0 500 1,000 Feet ERA, WHPA, and DWSMA Orono North WHPP Part 1 MDH FIGURE 13 179 Maple Plain Orono #2 . ' Orono #1 .. ...... ... . ...... O Water Supply Well Orono Boundary - E:7] Other Municipal Boundaries Q ERA Q WHPA DWSMA Oium KI Aquifer Vulnerability Low Wj 0 0.25 0.5 0.75 Miles Aquifer Vulnerability WHPP Part 1 ° MDH FIGURE 14 BARR, 18, 6 Drinking Water Supply Management Area Vulnerability Assessment The vulnerabilities of the Quaternary glacial drift, Prairie du Chien Group, and Jordan Sandstone within the DWSMAs associated with the Orono wells were evaluated in a manner consistent with MDH guidance for assessing aquifer vulnerability (MDH, 1997) using geologic sensitivities based on L scores computed from boring log data and water quality data for the Orono wells. The first step in the assessment is to determine the geologic sensitivity rating of the aquifer. The Minnesota Department of Natural Resources (MnDNR) defines geologic sensitivity based on the travel time of water moving vertically from the surface to the aquifer of interest as follows (see MnDNR, 1991): • Sensitivity = Very High: vertical travel time is hours to months • Sensitivity = High: vertical travel time is weeks to years • Sensitivity = Moderate: vertical travel time is years to decades • Sensitivity = Low: vertical travel time is several decades to a century • Sensitivity = Very Low: vertical travel time is more than a century Geologic logs listed in the CWI for wells in the vicinity of the 10-year groundwater capture zones were reviewed and "L scores" based on the thickness of low permeability units at each well location were assigned to each well. [See MnDNR (1991) for a discussion of how to determine L scores]. The MDH L score tool was used to compute the L scores and assign geologic sensitivity ratings. Well logs lacking detail in the Quaternary stratigraphy were excluded from the L score calculations. Figure F1 in Appendix F shows geologic sensitivity calculated from Quaternary wells of similar depth to Orono 1 and from wells open to the Prairie du Chien and/or Jordan. Figure F2 in Appendix F shows geologic sensitivity from wells open to the Prairie du Chien and/or Jordan. Geologic sensitivity is generally low throughout both areas for the buried Quaternary, Prairie du Chien Group, and Jordan Sandstone aquifers. The second step in the assessment is to refine the geologic sensitivity using water quality data from the water supply wells. In their source water assessment program, MDH uses a classification scheme that rates the vulnerability of groundwater to surface contamination based on sampling data for a list of parameters that indicate man-made impacts or similarity to rainwater (MDH, 2018; MDH, 2011a) and gives some indication of relative groundwater residence time in the subsurface. There are five main categories lettered A to E in descending order of vulnerability, ranging from Category A, which indicates that groundwater has been recharged rapidly from precipitation, to Category E, which indicates old, saline groundwater with a very long residence time in the subsurface. Table 6 summarizes water quality data from Orono wells. Water from Wells 1, 2, and 3 is classified as D2 ("Pre-1953 Vintage"), while water from Well 4 could be classified as B5 ("Post-1953 Impacted Non -Pathogen"), C ("Post-1953 Unimpacted") or D2 ("Pre-1953 Vintage"). Tritium (3H), a radioactive isotope of hydrogen, has been used extensively to date groundwater. Tritium activities peaked during atmospheric hydrogen bomb testing of the 1950s and 1960s, and values of 3H in precipitation reached a maximum of approximately 10,000 T.U. (tritium units) in 1963 (Mazor, 2004). Natural production of 3H in the upper atmosphere introduces approximately 5 T.U. to precipitation each year (Mazor, 2004). Because 3H has a relatively short half-life of 12.43 years, radioactive decay since the bomb peak has reduced tritium activities to near background levels and 3H is used mostly for relative age dating today. As shown in Table 6, tritium has not been detected at the Orono wells, resulting in "pre- modern" assessments, and thus confirming the non -vulnerable nature of the wells (Lindsey et al., 2019). When water quality data does not indicate the presence of tritium or other constituents that are consistent with contamination from the surface the aquifer vulnerability classification and the geologic sensitivity rating can be the same. Because the geologic sensitivity classification in the Orono DWSMAs are low or very low and the water quality data do not indicate recent connection to the surface, a low vulnerability was assigned to both Orono DWSMAs. Figure 14 shows the final aquifer vulnerability map for the uppermost aquifer supplying water to municipal wells in the Orono DWSMAs. 12 182 O& MLENK Real People. Real Solutions. September 3, 2025 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Wellhead Protection Plan Part 2 — Scope of Services Dear Mr. Edwards: 2638 Shadow Lane Suite 200 Chaska, MN 55318 Phone: (952) 448-8838 Bolton-Menk.com Bolton & Menk, Inc. has prepared the following proposal to complete Part 2 of the Wellhead Protection Plan (WHPP) for the City of Orono. Completing Part 2 of the WHPP is required per the Minnesota Wellhead Protection Rules (Minnesota Rules parts 4720.5100 to 4720.5590). The results and determinations from the WHPP Part 1 and the Scoping 2 Decision Notice lay the groundwork for what is required in Part 2 of the WHPP. Below you will find our project understanding and a detailed work plan for completing the WHPP Part 2 . PROJECT UNDERSTANDING Wellhead protection plan preparation depends on the vulnerability assessment of the Drinking Water Supply Management Area (DWSMA), the WHPP Part 1 aquifers and well status, and any potential surface water interface. The WHPP Part 1 indicates Orono's public water system aquifer is listed as "Low Vulnerability." Our team understands the Minnesota Department of Health (MDH) requirements regarding wellhead protection plans and will complete a comprehensive review process and WHPP Part 2 for the city. Below is a list of the major task items required for the WHPP Part 2: • Task 1— PROJECT MANAGEMENT AND WHP TEAM MEETINGS • Task 2 —POTENTIAL CONTAMINANT SOURCE INVENTORY (PCSI) • Task 3 — PREPARE THE DRAFT PART 2 WELLHEAD PROTECTION PLAN • Task 4 —COMPLETE THE FINAL REPORT AND SUBMIT TO MDH Our project approach is based on the MN Rules and MDH WHPP requirements as well as our experience in preparing wellhead protection (WHP) reports for other cities. Bolton & Menk staff have worked with MDH planners on other WHP projects and are familiar with the plan requirements. 183 Name: Orono WHPP Part 2 Date: 9/3/25 Page: 2 DETAILED WORK PLAN TASK 1: PROJECT MANAGEMENT AND WHP TEAM MEETINGS To efficiently develop, review and finalize the WHPP Part 2, we propose a total of four (4) in -person meetings. These meetings will consist of the following primary activities: • Meeting 1: Review Scoping 2 Decision Notice and Initial PCSI • Meeting 2: Finalize PCSI and Review Issues, Goals, Objectives and Priorities • Meeting 3: Finalize Draft Part 2 WHPP and Action Plan • Meeting 4: Prepare for and/or Attend Public Hearing TASK 2: POTENTIAL CONTAMINANT SOURCE INVENTORY (PCSI) Potential Contaminant Source Inventory (PCSI) data supplied by the MDH will be verified, corrected, and supplemented through research and information shared by city staff. In addition, Bolton & Menk will inventory undocumented wells or wells with unknown depths, review the Inner Wellhead Management Zone inventory and Old Municipal Well reports, and any active or inactive Minnesota Pollution Control Agency permits within the DWSMA. TASK 3: PREPARE THE DRAFT PART 2 WELLHEAD PROTECTION PLAN Bolton & Menk will prepare a Draft WHPP based on requirements outlined in the MDH Scoping 2 Decision Notice and include the following details: The report will describe: o Which data elements were considered in conducting the contaminant source inventory, and how the inventory was conducted o What impacts may be expected on the water supply as a result of changes in land and water uses o Issues, problems, and opportunities o Goals, objectives, and action strategies o How to evaluate the effectiveness of the wellhead management plan o Contingency strategies for alternate water supplies o Procedures that the city followed to provide local review and public hearing requirements Documentation will: o Provide the source inventory details o Develop a summary of the geologic conditions throughout the DWSMA, from the land surface to the aquifer resource o Identify the data elements collected and assessed o Include maps, diagrams, reports, studies, and tables used to prepare the Part 2 WHPP All geographic information will be presented to MDH and the city in an acceptable electronic format. Following the WHIP Team's initial Part 2 draft review, Bolton & Menk will incorporate all comments into the report; submit the report to local government units (LGU); and assist with the city's public hearing process following the 60-day draft review period. 184 Name: Orono WHPP Part 2 Date: 9/3/25 Page: 3 TASK 4: COMPLETE THE FINAL REPORT AND SUBMIT TO MDH Bolton & Menk will prepare the final WHPP Part 2 by incorporating comments received during the LGU review period. Bolton & Menk will coordinate with and submit the final Part 2 to MDH and obtain agency approval documentation. After receiving final MDH approval, the city will commence its implementation plan, identify grant opportunities, and continue to protect its public water supply system. FEES Bolton & Menk proposes to complete the WHPP Part 2 on a lump sum basis for an estimated total cost of $31,690. We would bill the city monthly based on the percentage of work completed. 1.0 Project Management 30 19 0 0 0 49 $10,328 2.0 Potential Contaminant Source 10 2 6 4 44 66 $11,188 Inventory (PCSI) 3.0 Draft Part II Wellhead Protection 16 4 26 2 8 56 $9,160 Plan 4.0 Final Part II Wellhead Protection 3 0 3 0 0 6 $1,014 Plan Total Hours 59 25 35 6 52 Average Hourly Rate $210 $212 $128 $148 $166 Subtotal $12,390 $5,300 $4,480 $888 $8,632 RECOMMENDATIONS 177 We recommend authorizing the notice to proceed upon city review and approval. Part 2 will be prepared and completed by Bolton & Menk, Inc. using data from the Part 1 plan and technical assistance from MDH and the Minnesota Rural Water Association (MRWA). The timeline to complete the WHPP Part 2 is approximately 10 to 12 months. We anticipate the Orono document will be submitted to and approved by MDH in advance of the city's WHPP deadline. 185 Name: Orono WHPP Part 2 Date: 9/3/25 Page: 4 Please contact Angie Smith at 612.400.5540 or angie.smith@bolton-menk.com if you have questions or would like to discuss these items in greater detail. Respectfully Submitted, BOLTON & MENK, INC. David P. Martini, P.E. Senior Principal Engineer Cc: Angie Smith, Bolton & Menk 186 AGENDA ITEM Date: September 8, 2025 Title: Lease & Easement - Utilities/Midco - Resolutions 7615 and 7616 Presenter: DJ Goman, Public Works Superintendent Section: Public Works Report Purpose: Item: 13 To approve a lease of HRA-owned property to Midcontinent Communications for the construction and maintenance of a structure for its Optical Transport Networking facility; and to approve a grant of easement for access purposes, and a grant of easements for utility purposes. 2. Background: Midcontinent Communications is expanding its service area for telecommunications services for customers in the City of Orono. The facility that will be constructed on the HRA property located at 2700 Kelley Parkway will measure approximately 16 x 30 feet, plus a seven -foot stoop. The Optical Transport Networking (OTN) Site Lease has an initial term of 10 years, and may be extended for three additional five-year terms. Midcontinent Communications will pay rent in the amount of $4,800 for the first year, and the rent amount will increase each year by 3%. Midcontinent Communications will also pay $1,200 for mowing and snow removal services for the first year, and the services amount will also increase each year by 3%. Midcontinent Communications requires rights of ingress to and egress from the leased premises, and rights to locate electrical utilities to serve its OTN facilities on the leased premises. This use of the HRA property will not interfere with City use of the property. 3. Staff Recommendation: Staff recommends adoption of Resolution # 7615, approving the Optical Transport Networking (OTN) Site Lease between the Orono Housing and Redevelopment Authority and Midcontinent Communications; and adoption of Resolution # 7616 approving the Grant of Access Easement and Grant of Utility Easements COUNCIL ACTION REQUESTED Motion to approve Resolution # 7615; and Motion to approve Resolution # 7616 with Midcontinent Communications for Lease and easement of property Exhibits A. Resolution 7615 - Midco Site Lease B. Resolution 7616 - Midco Easements C. Grant of Access Easment 187 D. Grant of Utility Easement E. Photo of similar structure 188 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7615 `gKES H o�� A RESOLUTION APPROVING AN OPTICAL TRANSPORT NETWORKING (OTN) SITE LEASE WHEREAS, the Orono Housing and Redevelopment Authority ("Authority") is a public body corporate and politic, and a political subdivision of the State of Minnesota; and WHEREAS, the Authority is the fee owner of certain real property located at 2700 Kelley Parkway, in the City of Orono, County of Hennepin, State of Minnesota (PID: 33.118.23.12.0007), which is legally described as Lot 1, Block 1, City of Orono Addition, Hennepin County, Minnesota; and WHEREAS, Midcontinent Communications is a South Dakota general partnership that provides telecommunications services in Minnesota and has a principal place of business at 4020 West Cayman Street, Sioux Falls, SD 57107; and WHEREAS, Midcontinent Communications wishes to lease a portion of the Authority's property for the purpose of constructing and maintaining a structure for its OTN facilities to serve customers in and around the City of Orono, which structure will measure approximately 16 x 30 feet, with a seven -foot concrete stoop; and WHEREAS, the terms and conditions of this use of the Authority's property are set forth in that certain Optical Transport Networking (OTN) Site Lease, attached hereto; and NOW, THEREFORE, BE IT RESOLVED by the Orono Housing and Redevelopment Authority Board of Commissioners and the Orono Housing and Redevelopment Authority as follows: 1) The Optical Transport Networking (OTN) Site Lease is approved; and 2) The Authority Board Chair and Executive Director are authorized to execute the Lease and the Memorandum of Lease. Adopted by the City Council of Orono, Minnesota at a regular meeting held on September 8, 2025 ATTEST: CITY OF ORONO Christine Lusian, City Clerk Bob Tunheim, Mayor 189 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7616 A RESOLUTION APPROVING ACCESS AND UTILITY EASEMENTS WHEREAS, the Orono Housing and Redevelopment Authority ("Authority") is a public body corporate and politic, and a political subdivision of the State of Minnesota; and WHEREAS, the Authority is the fee owner of certain real property located at 2700 Kelley Parkway, in the City of Orono, County of Hennepin, State of Minnesota (PID: 33.118.23.12.0007), which is legally described as Lot 1, Block 1, City of Orono Addition, Hennepin County, Minnesota; and WHEREAS, Midcontinent Communications is a South Dakota general partnership that provides telecommunications services in Minnesota and has a principal place of business at 4020 West Cayman Street, Sioux Falls, SD 57107; and WHEREAS, the Orono Housing and Redevelopment Authority Board of Commissioners adopted Resolution No. 7615 approving that certain Optical Transport Networking (OTN) Site Lease between the Authority and Midcontinent Communications whereby Midcontinent Communications will lease a portion of the Authority's property for the purpose of constructing and maintaining a structure for its OTN facilities to serve customers in and around the City of Orono, which structure will measure approximately 16 x 30 feet, with a seven -foot concrete stoop; and WHEREAS, in order to access the part of the Authority's property that is leased pursuant to the OTN Site Lease, and for the proper functioning of the OTN facilities located there, Midcontinent Communications, requires certain rights of ingress and egress and for the placement of electrical utilities; and WHEREAS, the Authority is willing to grant such easement rights according to the terms and conditions set forth in the Grant of Access Easement and Grant of Utility Easements, attached hereto, which shall each be filed of record at the sole cost and expense of Midcontinent Communications in the Office of the Hennepin County Recorder; and NOW, THEREFORE, BE IT RESOLVED by the Orono Housing and Redevelopment Authority Board of Commissioners and the Orono Housing and Redevelopment Authority as follows: 1) The Grant of Access Easement attached hereto is approved; and 2) The Grant of Utility Easements attached hereto is approved; and 190 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7616 3) The Authority Board Chair and Executive Director are authorized to execute the Grant of Access Easement and the Grant of Utility Easements. ADOPTED by the Orono Housing and Redevelopment Authority Board of Commissioners on this 8t" day of September, 2025. ATTEST: CITY OF ORONO Christine Lusian, City Clerk Bob Tunheim, Mayor 191 (reserved for recording) GRANT OF ACCESS EASEMENT THIS EASEMENT is given on , 2025, by the CITY OF ORONO HOUSING AND REDEVELOPMENT AUTHORITY, a political subdivision of the State of Minnesota ("Authority" or "Grantor"), to MIDCONTINENT COMMUNICATIONS, a South Dakota general partnership, with a principal place of business at 4020 W Cayman Street, Sioux Falls, SD 57107 ("Grantee"), in accordance with the following: 1. Ownership. Grantor is the fee owner of certain real property 2700 Kelley Parkway, in the City of Orono, County of Hennepin, State of Minnesota (PID: 33.118.23.12.0007), which is legally described as Lot 1, Block 1, City of Orono Addition, Hennepin County, Minnesota (the "Property"). Grantor and Grantee have entered into that certain Optical Transport Networking (OTN) Site Lease (the "Lease") for that portion of the Property that is legally described on Exhibit A and is depicted on Exhibit B (the "Leased Premises"). A Memorandum of Lease was filed of record in the Office of the Hennepin County Recorder on , 2025, as Document No. 2. Grant of Easements. For valuable consideration, receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee a non-exclusive easement 237089v1 192 for ingress and egress purposes (the "Easement") over, on, and across that portion of the Property that is legally described on Exhibit C and depicted on Exhibit D (the `Basement Area") 3. Scope of Easement Rights. The Easement includes the right of the Grantee, its contractors, agents, servants, and assigns, to enter upon the Easement Area at all reasonable times for any and all purposes necessary or incidental to the exercise by Grantee of the rights granted by the Lease, including but not limited to, the supplying of power, utilities, and communications cables to the Leased Premises. Grantee shall exercise this right in a manner so as not to unduly interfere with the Grantor's use of the Property. 4. Duration of Easement. The Easement remains in effect concurrent with the term of the Lease and until vacated by the Grantor. 5. Warranty of Grantor. The Grantor, for itself, its successors, and assigns, warrants that it is the owner of a fee simple interest in the Property; that it has the right to grant the Easement; and that there are no unrecorded interests in the Easement Area. 6. The attached Exhibit A, Exhibit B, Exhibit C, and Exhibit D are incorporated into and made a part of this instrument. [Remainder of page left blank intentionally. Signature page follows.] 2 237089vl 193 IN TESTIMONY WHEREOF, the Grantor has executed this Grant of Easement as of the date first written above. GRANTOR: CITY OF ORONO HOUSING AND REDEVELOPMENT AUTHORITY :1 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) Bob Tunheim, HRA Board Chair Adam Edwards, HRA Executive Director The foregoing instrument was acknowledged before me this day of , 2025, by Bob Tunheim and Adam Edwards, respectively, the HRA Board Chair and HRA Executive Director of the City of Orono Housing and Redevelopment Authority, a political subdivision of the State of Minnesota, on behalf of the Authority and pursuant to the authority granted by its Board of Directors. Notary Public DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/AKLS 237089vl 194 VVHIRTT A Legal Description of the Leased Premises Thot port of Lot 1, Block 1, CITY OE ORONO ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof. described as follows: Commencing at the Northeast corner of soil Lot 1; thence on an assumed bearing of North 88 degrees 58 minutes 44 seconds West, along the North lire of said Lot 1, o distonce of 163.83 feet; thence South 01 degrees 01 minutes 16 seconds West, a distance of 61.60 feet to the point of beginning, thence South 81 degrees 57 minutes 09 seconds East, o distance of 5726 feet; thence South 10 degrees 53 minutes 38 seconds West, a distance of 5797 feet; thence North 79 degrees 07 minutes .37 seconds West, a distance of 55,47 feet to o lime thof bears South 08 degrees 05 minutes 27 seconds West from the point of beginning; thence North 08 degrees 05 minutes 27 seconds East, o drstunce of 35.18 feet to the point of beginning, 237089vl 195 1.1 EXHIBIT B Depiction of the Leased Area r� � r.rar.. Carr �R ------aYnarlr Ar�vyn -[r [+rr4 rww*r.r p. Nlr yp ar OTY � Pa7p rpprrlpy r dew pJY V I[rpi IYP of+o.' nkltl wagmr5 P ------------ llj I i I gl RW9� Y%in � I f � ,Iiir � Itli [F .- M0 ` fiP' � J ! � � •� 4 1 1 r • iii Li � Lrvw ✓Ina = 2'U6C.T3 Sf. VIL 1 rJrecrcwrrr r.+a• m� nrrcr xx� rr r a CMi4r I4nfA gYlYti h�. • . upon ra.[ L5'�"Ja�a[J aY vx� n JJmsrn!' ,aYYtl�lWlFi#" •711h-aIF�rMFy+MY7N11 FTedHIl'dca ' 4 anomie T•2++dr ay»wa+ron AN aa; r an�vnrJ J xd Stmela vtlm Nr 1rYv 9 H4AlMYhM 5!'!ef Il+d ru'11d 0Y LtR+ar>Mr0�6? �v ar s�b,�MJv+Y[�ew 6,411, AN55313 0 dRraa [�fLr rr! �/1� Sir' GW Sy �` Chralsf 9l': 'J'97.%/TYT 3mo0A7E9 ^yr: f76.71�s.3-5a7 7-10-25 N.A.B. ?"=10' RED, 2s-0185 237089v1 196 EXHIBIT C Legal Description of Access Easement INGRESS AND EGRESS EASEMENT• A 20-00 foot easement For ingress and egress purposes over, under, and across Lot 1, Block 1, CITY OF ORO AIO ADJ)MON, Hennepin County, Minnesota. The centerline of said easement is described as follows: Commencing of the Northeast corner of said Lot 1; thence on on assumed beorfng of North 68 degrees 58 minutes 44 seconds West, along the !North line of said Lot 1, a distance of 163.83 feet; thence South Of degrees Of minutes 16 seconds West, a distance of 61.60 Feet; thence North 08 degrees 05 minutes 27 seconds East, a distance of 10.00 feet to the po;nt of beginning of said centerline; thence South 81 degrees 57 minutes 09 seconds East, a distance of 81.94 feet; thence South 55 degrees 29 minutes 00 seconds East, a distance of 29.72 feet; thence South 21 degrees 24 minutes 42 seconds East, ❑ distance of 30.18 feet; thence South 01 degrees 36 minutes 45 seconds West, a distance of 9727 feet; thence South 04 degrees 47 minutes 24 seconds West, a distance of 14.334 feet; thence South 03 degrees 07 minutes 53 seconds West, a distance of 158.81 feet; thence South Of degrees 12 minutes 03 seconds West, ❑ distance of 390.64 feet to the South line of said Lot 1 and said centerline there terminating. The sidelines of said easement shall terminate at a line drawn North 06 degrees 05 minutes 27 seconds East and South 08 degrees 05 minutes 27 seconds West from the point of beg�pning and at the South Dire of said Lot 1, 237089vI 197 VVHIRTT n Depiction ofAccess Easement 1 i 1 I .4 r � i fix x1 �t I 1 I I � I r` rrr - ------------ I I I I I I I I I I I 1 I I I 1 1 + II1 1 F 1 1 I r II I I I I I i I I I I 1 1 1 I 1 1 1 I 1 I -i I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 I I I I I I I I I I J 237089v1 198 (reserved for recording) GRANT OF UTILITY EASEMENTS THESE EASEMENTS are given on , 2025, by the CITY OF ORONO HOUSING AND REDEVELOPMENT AUTHORITY, a political subdivision of the State of Minnesota ("Authority" or "Grantor"), to MIDCONTINENT COMMUNICATIONS, a South Dakota general partnership, with a principal place of business at 4020 W Cayman St, Sioux Falls, SD 57107 ("Grantee"), in accordance with the following: 1. Ownership. Grantor is the fee owner of certain real property 2700 Kelley Parkway, in the City of Orono, County of Hennepin, State of Minnesota (PID: 33.118.23.12.0007), which is legally described as Lot 1, Block 1, City of Orono Addition, Hennepin County, Minnesota (the "Property"). Grantor and Grantee have entered into that certain Optical Transport Networking (OTN) Site Lease (the "Lease") for that portion of the Property that is legally described on Exhibit A and is depicted on Exhibit B (the "Leased Premises"). A Memorandum of Lease was filed of record in the Office of the Hennepin County Recorder on , 2025, as Document No. 2. Grant of Easements. For valuable consideration, receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to City the easements identified as 237090v1 199 Easements A, B, and C, which are each legally described on Exhibit C. Each Easement A, B, and C are non-exclusive easements under, over, on, across, and through the Leased Premises in the locations depicted on Exhibit D (collectively, the "Utility Easement Areas"). 3. Scope of Easement Rights. The Easements include the right of the Grantee, its contractors, agents, servants, and assigns, to use the Utility Easement Areas for the sole purpose on installing, maintaining, repairing, replacing, or removing the electrical utility connections necessary or incidental to the operation of Grantee's OTN facility located on the Leased Premises. Grantee shall exercise this right in a manner so as not to unduly interfere with the Grantor's use of the Property. 4. Duration of Easement. The Easements remains in effect concurrent with the term of the Lease and until vacated by the Grantor. 5. Warranty of Grantor. The Grantor, for itself, its successors, and assigns, warrants that it is the owner of a fee simple interest in the Property; that it has the right to grant the Easements; and that there are no unrecorded interests in Easement Areas. 6. The attached Exhibit A, Exhibit B, Exhibit C, and Exhibit D are incorporated into and made a part of this instrument. [Remainder of page left blank intentionally. Signature page follows] 2 237090vl 200 IN TESTIMONY WHEREOF, the Grantor has executed this Grant of Easement as of the date first written above. GRANTOR: CITY OF ORONO HOUSING AND REDEVELOPMENT AUTHORITY :1 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) Bob Tunheim, HRA Board Chair Adam Edwards, HRA Executive Director The foregoing instrument was acknowledged before me this day of , 2025, by Bob Tunheim and Adam Edwards, respectively, the HRA Board Chair and HRA Executive Director of the City of Orono Housing and Redevelopment Authority, a political subdivision of the State of Minnesota, on behalf of the Authority and pursuant to the authority granted by its Board of Directors. Notary Public DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/AKLS 237090vl 201 VVHIRTT A Legal Description of the Leased Premises Thot port of Lot 1, Block 1, CITY OE ORONO ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof. described as follows: Commencing at the Northeast corner of soil Lot 1; thence on an assumed bearing of North 88 degrees 58 minutes 44 seconds West, along the North lire of said Lot 1, o distonce of 163.83 feet; thence South 01 degrees 01 minutes 16 seconds West, a distance of 61.60 feet to the point of beginning, thence South 81 degrees 57 minutes 09 seconds East, o distance of 5726 feet; thence South 10 degrees 53 minutes 38 seconds West, a distance of 5797 feet; thence North 79 degrees 07 minutes .37 seconds West, a distance of 55,47 feet to o lime thof bears South 08 degrees 05 minutes 27 seconds West from the point of beginning; thence North 08 degrees 05 minutes 27 seconds East, o drstunce of 35.18 feet to the point of beginning, 237090vl 202 1.1 EXHIBIT B Depiction of the Leased Area a" � r.rar.. Carr �R ----aYnarlr Ar�vyn -[r [+rr4 rww*r.r p. Nlr yp ar OTY � Pa7p rpprrlpy r dew pJY V I[rpi IYP of+o.' nkltl wagmr5 P j ' --_ i la r_ _r I 11 ! 1 + I gl RW9� Y%in � I f � ,Iiir � Itli [F .- M0 ` fiP' � J ! � � •� 4 1 1 r • iii Li � Lrvw rl— = 2'U6C.T3 Sf. 1 rJrecrcwrrr r.+a• m� nrrcr xx� rr r a CMi4r I4nfA gYlYti h�. • . upon ra.[ L5'�"Ja�a[J aY vx� n JJmsrn!' ,aYYtl�lWlFi#" •711h-aIF�rMFy+MY7N11 FTedHIl'dca ' 4 anomie T•2++dr ay»wa+ron AN aa; r an�vnrJ J xd Stmela vtlm Nr 1rYv 9 H4AlMYhM 5!'!ef Il+d ru'11d 0Y LtR+ar>Mr0�6? �v ar s�b,�MJv+Y[�ew 6,411, AN55313 0 dRraa [�fLr rr! �/1� Sir' GW Sy �` Chralsf 9l': 'J'97.%/TYT 3mo0A7E9 ^yr: f76.71�s.3-5a7 7-10-25 N.A.B. ?"=10' RED, 2s-0185 237090v1 203 EXHIBIT C Legal Description of Utility Easements 11TUTY EASEMENT A, A MOO foot easemen7 tar utdlty purposes ewer, under, and across tat t, Stock 1, CITY OF ORONO ALtVIX . Haorrep;n County, W,nesWto, occardinq to the recorded plat thefeo{ The centaFlk?e of said easeMent is- descr;bed 0s follows, Commencing at the Northeost corner of sold Lot ;, thence on an assumed bear;ng of forth e8 degrees 58 minutes 41 seCoOds Vest, alufrg the ftf#+ tine of sold Lot 1, 0 disfance of 18J,83 feet; thence South 01 degrees 01 mkrutes 18 seconds west. a distance of $f.60 feet; thence South 81 degrees 57 minutes 08 seconds fort, a distance Of 10.00 feet ra the point of taegTnn;ng of said Centerline; thence f+oftn 02 degrees 21 mirlotes tg seconds West, o distance of 52.92 feet to the South Nne of the North 10.00 feet of said tot I and soil centerline there termirr0t;ng. The sidei;rres of said eosernefrt shalt tefm;note of sa;d South lirre of the North 70.00 feet of tot t and at aline drawn Sbwtri 81 degrees 57 mint,tes 09 seconds frost dnd North 81 degrees 57 mfwwtes 09 seconds West from the point of beg;nnirig. Ll Tlt1 TY EASEMENT &. A MOO foot easement fof utd;t), prdrposes ow. undef, and across tot f, Stock 1, CITY OF ORONO ALV77-ON, Hannep rr Count;e. WnnesWto, occ0rdk3q to the recorded plot tt+efeo{ The centerline of sold eosefneat is GeSCF bed os follows, Camrnencmg at the Northe05t COMef of said Lot I, thence on an ossumed bearing of North 88 degrees 58 minute8 44 seconds West, along the North tine of sold tot 1, a d;s+once of 16J.8,T feet. thence South 01 degrees 01 minutes 18 seconds west. a disfance of 8f.60 feet; thence Saud+ 81 degrees 57 minutes 09 seconnds Eagt, o d;stance of 46.66 feet to the paint of beginning of soio centerline; thence Noffh 20 degrees 55 M+ Iotes 5o seconds fast, o distance of 51.04 feet to the South 1lne -of the Borth laoo feet of sa;d tot t and 8oid centerline there terrninpt;frg- The sidelines of sal# easernerrt shalt tefM.rrote of said South ltrre of the North 70.00 feet of tot t and at o line drawn SOufn St oegrees 57 mr'nrjtes 09 Seconds Oast Md North 81 degrees 57 mfr,r.jtes 09 seconds West from the point of beginning, UTHTTY EASE71lENT -C A 70.00 foot easement for utflit}r prjFP05es ow. w)def, and across tot t, 000 1, CITY OF CRCWO ALVP.Cls+, Nerrrrepifr County, Urr,nesWta, occardinq to the recorded plat fhi-fW. The aentefl;ne of sold eoseMent is descr;bed os fol0ow5' Camrnenc 3g at the l+tortheast cafnef of soil Lot 1, thence an an assumed bearing of forth e8 degrees 58 mhnates 44 seC*nds 0s' St, along lne NOfth line of sold Lot 1, a drs+once of 1$j,83 feet, ehence South 01 degrees o1 minutes 18 seconds west. a distance of 8f.60 feet; thence Sava+ 81 degrees 57 rninute5 09 secPnes East, a e;stance of 57215 feet; thence South TO degrees 53 Minutes 38 seconds West. a distance of t8.98 feet to the pant of begknning of sa;d centerline; thence South 84 oegrees 57 minutes 26 seconds Fast. a distance of 101. 74 feet to the West tine of the Fast 10.00 feet of said Lat 1 and said centerline there terminating. The sfdet;nes of sold easernerrt shalt tefm;note of sold H4est lane of the Fast 10.00 fee t of Lot 1 and of a line *own South 10 degrees 53 minutes 38 seconds F*sf and Morth t0 degrees 53 minutes 38 seconds East lram the point of begdnn;09- 237090v1 204 IV EXHIBIT D Depiction of Utility Easements ------------------ 7 ---------------- I I I I / I / „�ARFA — 6fg10 SF JJ I I f /1r � � 7 � I lnq.'eea and £9�ss Eveenvnl `•...�.._E�T o/_. _.. I h , L— Are, = 206023 SF ------------------ �pbl of Clty of 0.onn AddlNm £Aglaxr c —...-- �\ 1 I h I y I EC9e S6 1 I &MOM per pfAe plat a/ CVIY OF ORONO A00lilON 237090v1 205 _ •r ti - ti I r�+