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Home My WebLink About01-26-2015 Council Work Session Packet � / �OUNCIL M��`IN� � �a� z s Zo�5 MEMORANDUM ��Ty�� --------=--- � Jessica Loftus From: Ralph Kempf[navarretoday@gmail.com] Sent: Thursday, January 22, 2015 10:50 AM Subject: Navarre Demonstration Projects Meeting#2 Greetings Navarre Enthusiasts! You recently received an email from Andrew Mack advising you of the next meeting for the Blue Cross Blue Shield(BCBS) Demonstration Project planning. We are sorry to report that Andrew Mack has, in the meantime, left the City of Orono. The Navarre Community Initiative (NCI) has coordinated closely with Mr. Mack since the inception of this initiative. We have now picked up the ball and are moving forward to implement the ideas generated at our first BCBS Workshop. Our second Planning Meeting is still on for Tuesday,January 27, 6:30pm at the Navarre Firestation (3770 Shoreline Drive). As Andrew's prior email said,the deadline for the grant application to fund our projects is February 12, 2015. This is a crunch time line. We will need a committed group of volunteers for the various tasks that will make this project a success. We will look for team leaders, worker bees, volunteers with experience in grant writing, event planning, and horticulture as well as anyone willing to bring their own skills, talents and passions to the service of their community. As with our Navarre Park planting project of last summer,we are anticipating a fun time doing great and meaningful work with an enduring legacy. Since the initial December 9th meeting, we have brought together the brain-storming results from your PopUp Worksheets and distilled the list down to the problems, solutions and ideas that showed up consistently across our groups. This second meeting will present this pared down, more focused and do-able scaled summation of your ideas and begin to work out the mechanics of how to make it all happen. With your help, we will fill in a lot of blanks and devise a work plan from which we will create a budget for our grant application. This meeting is a critical next step. We hope to see you there. If you are unable to attend, but are a willing volunteer,please let us know so we can keep you in the loop. Thank you again for caring about your community! Ra1ph Kempf THE NAVARRE COMMUNITY INITIATIVE Navarretoday�a�gmai l.com i l (� BlueCross � �'� � V BlueShield Minnesota Frequently Asked Questions: ACTIVE PLACES DEMONSTRATION PROJECTS Q. Was the webinar recorded? Where can 1 get a copy of the slides? A.The webinar was not recorded.You can, however,find the webinar presentation slides on the Available Fundin�page of our website. Q. Does funding for Active Piaces have an impact on funding I already ar plan to recei�e fram the Center? A. No,as long as the work and the projects are separate. Q. What's the max funding amount for/�ctive Places demonstration prajecfs? A. No organization will be awarded more than $20,000. Q. How much money total is available for these prajects? A.Approximately$160,000 to$180,000. Q. When da the �rojects have to be completed by? A. While there is no specific date for when your projects must take place,funding must be used by December 31, 2015. Q. tNhat are the euaEuations requirements for these project�? A. Each project is required to submit a report to Blue Cross after completion of the project. For projects that extend beyond 2015, reports are due by the end of the calendar year.Additional evaluation requirements will be project dependent. Q. What are the eligibility requirements for organizations to apply? Do organizations have to be under Blue Cross Insuranre? A.The eligibility requirements are on pages 5 and 6 of the RFP.This funding is open to all organizations regardless of their insurance carriers. Q. What advice da you have for organizations who don't yet have firm p{ans for their projects? A. It is not always possible to have all of the information you need when planning a new initiative. For the purposes of this funding opportunity,at minimum you should know the community you want to target and your plan to engage community members.We advise having the type, duration,and frequency of your demonstration project in mind; however,you may find in the community engagement process that your idea will require revisions. This is expected and encouraged. Keep in mind, however, that your budget template will be scored on its appropriateness, meaning the more you know up front, the better you will be at getting solid budget numbers. If you are unsure,start by considering the types of materials, permits, labor,etc.,you might need and the cost associated with each so that you can justify your budget. 1 f Q. Could activities supporting active living be eligible for Active Places, or must all projects be place-based? Consider, for example, yoga classes featured in a publit park versus efforts to convert an existing vacancy into a yoga studia. A.Activities would be eligible for this project assuming they are tied to a long-term community change. To answer this question,you must first consider your goals. For example, if your goal is to get more people to use the public park, perhaps free yoga sessions would be a good fit. If your goal is to get municipal support for a parks and recreation programming that includes free fitness classes,you may consider targeting classes in specific neighborhoods or high-need communities. Keep in mind that your initiative should reflect the needs and interests of the community in which you imagining long-term changes occurring. Q. Can a partner arganization appear on muftiple RFP applications? A.This wilf be considered on a case-by-case basis during the review process. Q. Does my praject meet the criteria of the RFP? A.Active Places demonstration projects should be temporary, low-cost projects which aim to build momentum for future, long-term changes within a community.They must contribute to a long-term goal of making a community more amenable to walking, biking or other forms of physical activity.The Center will give preference to projects which are specifically designed to increase opportunities for all members of the community to be physically active, especially those who typically face barriers to doing so. When deciding if your project fits within this criteria,consider the long-term changes you hope to see in your community. Consider not only what you want to change, but also how you plan to get there.While we are interested in changing attitudes and behaviors related to physical activity, it is not enough to aspire to change solely individual behaviors.Your project will need to demonstrate long-term change that has the potential to impact not only those who participated in your intervention, but all community members.You will need to ensure that all community members, not just the ones participating in your temporary demonstration, have increased opportunities for realizing their optimal health.Some good examples of goals meeting this criteria are long-term changes to policies, infrastructure,and in some instances public programming or services. If you have additional questions,send them to prevention.fundin�@bluecrossmn.com. Blue Cross and elue Shield of Minnesota•and elue Plus•are nonprofit independent licensees of the Blue Cross and Blue Shield Association. 2 � �` COUNCIL MEETING � � JAI� 2 6 2015 -_ - --_ _ . - -=_ -- _ - - _ ------- -- =-- -_ _ - -_-__ - _--- C1rtY OF ORONO MEMORANDUM - TO: ORONO CITY COUNCIL FROM: JESSICA LOFTUS, CIT'Y ADMINISTRATOR SUBJECT: NAVARRE NIGHT DATE: JANUARY 26, 2015 Mayor McMillan has been working with author Joan Wolfe and Pam Meyers of the Westonka Historical Society to discuss a possible book signing event to celebrate the book released on the history of Navarre. Attached is an outline for your review and discussion. µ � NAVARRE NIGHT At Gray's Freshwater Center April 30,2015 6:30-8:30PM In conjunction with the release of the book, Navarre, The Hub of Gake Minnetonka, the City of Orono and the Westonka Historical Society present an evening program on Navarre History. Doors open at 6:30 Photos and historical items on display Summer streetlight banner (or design contest for) unveiled Navarre book signing Program starts at 7:00 Mayor McMillan welcomes and introduces Jeanne Englund Jeanne speaks and introduces Joan Wolfe who will MC One hour of various Navarre speakers Half hour of stories/show&tell from the audience PARTICIPANTS Joan Wolfe and book contributors provide program and items to display Westonka Historical Society will help set up and organize display City of Orono will pay for the rental space and refreshments Donations from Navarre businesses (food, banners, display items)? , � COUNCIL MEETiNG � JAN 2 6 2015 --- - ---------__ ,.._ - - - - - ------- -- , - - - -- -- - - --- -- - MEMORANDUM C��ORONO TO: ORONO CITY COUNCIL FROM: JESSICA LOFTUS, CITY ADMINISTRATOR SUBJECT: BUILD-OUT WALL/LOGO FOR COUNCIL CHAMBERS DATE: JANUARY 26, 2015 The current focal point in the Council Chambers is the plaque listing past Mayors and our two flags behind the dais. The architect for the police department expansion and our lobby remodel has recommended a new wood build-out with logo for the Council Chambers. Staff recommends the improvement for the following reasons: • It would create a point of visual consistency with the front lobby and council chambers. • The logo would provide city identification for viewers watching the taped council meetings. • The savings from electing to removing the metal gates in the front lobby would cover the cost; $4,073. This improvement would not change the overall project cost. / 5�-0� �� - - - �'4��YD - - - -- - - -- _ __= ti�, .�' - -- _-- - � :-- - - t��sxo4� ----- --- -- - �� -- -- -- - - - - -- - - -- �. 1 - ----------_-- ----- - -- - -- --- ---- - -- - - -- - - --- o, � --- ..- - -- -- -- -- -- --_ _-- - i�E� �UTS - - -.- ip - - - --- - ---- -- -- -- « - -- ==R1F7•GULQAK-- - - -- � - -- -1�ENEEI�_-_=__ _ _= -A� _ - - - - - - -- ___- ._ -- _- - - - � _ _ _ =-- � �OOD �UILD-OUT COUNCIL CH�MBEI�S LL ��_��.,�� E m � o� ° ' OO 2013 SKD Architects ' Remodel and Expansion for: �°mm '225�° � Dote D6/m9/14 M . Orono Police Department Drown B.D.,R�. � ar�"c� f"—��e� 2730 Kelley Parkway COUNGIL GHAMBERS o �p;y,,;,;�N�,,; Orono, Minnesota ��.�,.a„e F - Sheet No. COUNCIL MEETING zo7 � JAN 2 6 5 __-____---_---__- , • i � CbUNCIL MEETING - , - = - - _ - - _ - - - _ - _- -- -_--_----__ — MEMORANDUM �AN Z 6 ZO�S _—___ -_______-=__---_ ----__— -- �ORONO -_ TO: ORONO CITY COUNCIL FROM: JESSICA LOFTUS, CIT'Y ADMINISTR.ATOR SUBJECT: VIDEOTAPING PLANNING COMMISSION MEETINGS DATE: JANUARY 26,2015 Councilmember Wa1sh requested an opportunity to discuss whether the City should videotape the Planning Commission meetings. Below is some background information that might be helpful during the discussion: • The camera operator (Daphne) charges $80 per meeting. • The cameras and recording software are "sunk costs" that are paid whether we videotape the Planning Commission meetings or not. • We do not know if Daphne is available to tape the meetings or if we'd need to recnut someone. • The cable fund could support recording their 11 meetings for a total cost of $880 if the Council so chooses. • There is some additional staff time getting the video edited and posted but we have the capacity to do so. • Attached are the latest viewer statistics from our Granicus software to give you an idea of how many residents are utilizing on-demand video service. .� � � > < > � I i� !� � j� '� � � j� � ,. . ��/ I� �9 i� � � • • I� I� n � ! . 1 � � • �O �. � a a m m � �c m � `. x Y{ r � � "� ` \ I . � � I � � ' $ z � � z � � � � € � � � � � � _ � � � _ � � � � � � � � � � � � � - � - . s � �� — � � v �� . —� � � 4 �� _ .. _ a m m m �. a . � � . . �. � E g �� ,� 'g ;�i %3 R A R !� G M1 '" . � a; � � � � � � �y � � � � � �ye � � �y €g �p ( � , � Q: � Q �, � 3 �d 5 w � � a i 5 a � � � 5 5 5 � � � ; � `" :. ` � � - - -. _ _ �. €' , � `� ��.�+ \J V I � � � �� _ ,,, ' � 3 ,:. 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D/on0 17B rm 1 Pk .s��emw MOYnC 07 •a.Drr � k+�kM tAIM'�W 87 _ "" _ _ � q� ., p61M35EEn 43 � rAfnnemnka 17 ��'� s*>� werxaa '� .. �uo..�' aM�. Gopen vaeey 26 � Unite!Sf►tas r ta.e SaM PaW 16 . Plylllputl� T5 }�� . �� 3�W16P8Ik 11 •mNs ' „ - pw�n y:mpa_-«nn a trte�� i t0 10 f » yry�y;10 V j�Pg�p V � . KJ r MEMORANDUM TO: ORONO CITY COUNCIL FROM: JESSICA LOFTUS, CIT'Y ADMINISTRATOR SUBJECT: PUBLIC INPUT AT CIT'Y COUNCIL MEETINGS DATE: JANUARY 26,2015 Councilmember Walsh requested an opportunity to discuss public input at City Council meerings. Below is some background information that might be helpful during the discussion: • Some other ciries and larger agencies use a forrYal comment card system for public comment. • For example, the City of Wayzata has the following meeting rules of conduct: o Turn in white card for public forum and blue card for agenda item o Give name and address o Indicate if representing a group o Limit remarks to 3 minutes • Attached is an article tided "Improving Citizen Trust in Local Government". �ssue Brief GOVERNING �-�� - - � � _,� ; . Improving Citizen Trust in Local Government How online tools spur communication, improve transparency and boost accauntability Like corporaUons, rnany Iocal communities are working effecUve job of announcing upcoming meetings. Too many to build positive brands A great brand acts like a magnet, citizens simply don't get the message. attracting dyr�amic businesses, visitors and engaged citizens Manual processes also make it hard and expensive to that make a community thrive communicate with citizens Agency staff may spend hours One important way to build a comm�rnty's brand is through preparing agendas, mmutes and supporting documents. a str��tegy based on trust.A city or county that gams a reputa- After a meet�ng,they spend more t�me—and money—field- t�on for commun�cations transparency and accountab�liiy— ing requests for those documents and then mak�ng copies, �.nd for serving 1he needs of its businesses and res�dents— collatmg and dlstributing them w�ll f our�sh wrth at��ens who are used to access�ng infonnation Most elected off�c�als and government employees want to anyt�me,anywhere on a mob�le dev�ce help improve constit�ents lives,and many cit�zens are eager Legislat�ve meet�ngs have traditionally provided an�mportant to engage with them The trick to nurturing that relationship, opportunity for communities to build trust CitiZens who attend without inc�rring undue expense, is for governments to the meetings of their council or commissions quickly leam how prov�de tools that sireamlme the process, allowing employees the�r government is working on their behalf If they're invested to create and manage legislative mformation digitally and in particular issues,citizens can make their voices heard and share via channels that today's connected citizens are already understand their representatives' position. using—the Web, social media and email However, busy schedules, lack of ch�ld care or trans- portat�on, fears about traveling after dark and other factors Here's how m�nicipalities can put those channels to work: can keep citizens o�t of the legislative process and thwart Advance notice: Uovernment agenc�es can use email their efforts to stay informed Additionally, citizens who don't and soc�al media to promote upcominy meetings and �ttend meeUngs but want to follow the discussion m,�st ens�ire the informat�on reaches a broad cross section of the request ��nutes and other documents after the fact When population Govemment employees may also use a special those documents only exist in hard copy,obtaining them can kind of software—a legislative management solution—to be slow and cumbersome for the citizen and labor-intensive publish agendas and supporting documents online, with and costly for government Constit�ents shouldn't have to access available through a public portal. The same portal str�ggle to join the dialogue on issues that affect their lives. can provide information about special boards and com- But too often,thaYs exactly what happens missions and allow potential vol�anteers to apply onlme for F�or governments to really gain trust,opportuniUes for citizen seats on those bod�es. engagement must extend beyond the comments per�od at Online access to meetings:Qy streammg v�deo of p�bhc p�iblic meetings Crty and counry of'icials need to provide meetings hve on the Internet,a government allows anyone to watch rnodern, cost-effective options thal increase transparency 2nd the proceedings from any locaiion,on a comp�ter,tablet or smart- enco�rage citizen participat�on and engagement phone People no longer need io travel to C�ty Hall to engage�n the legislat�ve process—technology bnngs C�ty Hall to them Communieations and 7rust-Building Tools Making and sharing the record:ComprehFnsive soft- Governments that rely on manual processes to manage ware solutions allow clerks io easily capture meeting min�tes and p�blic�ze meeUngs have a hard time building tr,�st among electronically and index them Viewers can click on an agenda constituents The f�rst problem is that signs, newspaper item and �mmediately watch that part of the meeting instead not�ces, bullet�n boards and word of mouth don't do an o(scannmg thro�gh hours of video Through the public portal, r any uscr can enttr a search term and access relevant video one to co�nt up attendance of elected officials,"Solomon cl�ps, supporiing documents and records of votes. says "Now reporters obtain that mformation simply by click- ing on the name of any council member.The speed with Gains for Governments and Citizens which the mformation is shared,and the level of detail provided, By implement�ng tools designed to streamline these iypically is on a completely different level than before we implemented rnanual processes,and by takmg advantage of popular commu- th�s software" nicat�ons channels,governments can build closer,more trusi�ng Atlas Township, Mich., also has been usmg a fegislative relationships with citizens while also reducing costs and leaving management solution since 2013 The system makes it easy staf�w�th more time to focus on b�siness-crit�cal activities to assemble and email infon�ation packets to members of Citizens and local busmess owners can more easily the board of trustees before meetings and create minutes, obtain information about legislative activities.And beca�se says Townsh�p Clerk Tere Onica.' it relies on the Intemet,this strategy can also help carry a Citizens also can view the packets, along with resolutions, community's message far beyond its own�urisdiction When contracts and other docurnents related to agenda items, public �nfon�nation and economic development officiais want thro�gh the township's website Once they receive th�s �nfor- to convey a sense of the commun�ty's character,they can mation, citizens can, and often do, contact elected of ic�als point business owners, developers, convention planners and to ask about agenda items, even before the meeting begins, others to the public portal Onica says Because the system�ndexes all the material it stores,Onica A Goser View fmds it easy to respond to requests for archived documents Here are two examples of communities that use legis- There's no need to root around in f�les;she quickly locates the lat�ve management software and the Internel to increase requested documents in the system and prints them "It is always transparency and trust better for the p�blic if I don't have to take extra time out of my day Providence, R.I., �mplemented a legislative management to locate documents or charge them for their Freedom of Informa- solution in late 2013 Among many other functions,the sofi- tion Act(FOIA)request,"she says Altematively,citizens can go to ware allows the c�ty to upload dig�tal audio recordings of city the website to f�nd the documents themselves counc�l comm�ttee meetings to a server �n the cloud. When people can get the information they want withoui "1 hose recordings are always access�ble on our Open Meet- f�lling out a fon-n, pay�ng a fee and wa�tmg f�ve days,they gain ings F'ortal w�thm a day after the meet�ng,and often nr�mediately more trust in their government,Onica says "People know you're after,"says City Counal President Michael Solomon ' Users can not h�d�ng anyfh�ng when�t�s all out there where they can see it access the portal via computer,tablet or mobile phone We are workmg towards making more information available and Citizens interested m meetings s�gn up to receive the accessible for publ�c rev�ew' same informat�on packets that go to elected city officials via C�t�zens today expect convenient access to government email In print form,those packets would have been several By usmg the Internet and mobile technology to share mches thick C�t�zens can visit the portal to access rn�nutes, information about legislative activities, a community opens attendance and voUng records, and audio record�ngs its �nner workings for all c�t�zens to see.As that sense of "In years past,o�r office had to compile dozens of sets of openness breeds trust, �t becomes a powerful force for paper minutes for�o�rnalists who went thro.�gh thern one by prosperity and growth Endnotes , � , � . , , . . ,� , � � � „ � ,� �. , � , i , , � � � � � � . � �, , . �� Unde�wntt�;n by. ,, � ,. I .., , , 1 � � � . „ , � 1 � , � � �� •�i r,' -� I,; , I�;�i; r _•il� � �� , ,ii�, il -I�;�f ,� � � � , , " . _, _ii `�1� ii� ��j � •�; � �, �� l i 'i � � , , � � • �� I l i � ' � � i � � Acce�a , .� , :. , -� � . , � . � : � � , -� �� :� .� , �� -� , . � _ , , ,, , .. .� , � � . , � � , . ,. � . , � , «)2014 e RepubliC All rights reserved �OUNCIL M��TING J�N 2� �Q15 / 4 � RONO ` MEMORANDUM January 26, 2015 Work Session To: Mayor& Council Jessica Loftus, City Administrator From: Mike Gaffron, Senior Planner Date: January 23, 2015 Subject: Update on Code Amendments The attached table provides a brief update on the status of code amendments discussed and prioritized in November 2014. The table is in three groupings: - Pages 1 through 3 reflect the amendments reviewed by the Planning Commission and voted on following the January public hearings. 5 of the 7 listed will be on the January 26th agenda for Council consideration. - Pages 4 through 6 reflect the amendments to be reviewed by the City Council at the February 9�' meeting; no planning commission public hearing is required. - Pages 7 through 10 reflect the City Code Sections which will require discussion by the City Council for the development of new/amended language. _ Zoning Ordinance & City Code Review 2015 . The amendments are shown in ^`-`�R�;gkr and underline format. , Pages 1 through 3 reflect the amendments reviewed by the Planning Commission and voted on following the January public hearings. 5 of the 7 listed will be on the January 26"'agenda for Council consideration. Fil� Citv Code Current Lanauaae&Prouosed Changes Summarv of Change/Comments Priori Number: Section Li t No. #14-3700 78-1379 Sec. 78-1379. - Alternative energy systems. Modifies prohibition of SWECS by creating 20 (f�Wind energy conversion systems. Wind energy conversion systems are not an allowed use or structure within any zoning districts in the city. standards for permitting as accessory uses in community. (Current Language shown) Final Draft to be on February 9�' Council agenda. Approved 6-0 � PC 01/20/15 #15-3705 ARTICLE IV DISTRICT REGULATIONS Eliminates unused zoning district categories 23 DIVISION 7 RR-1B-1 ONE-FAMILY RURAL RESIDENTIAL DISTRICT from code. DIVISION 8 M-6 MULTIPLE-FAMILY PLANNED RESIDENTIAL DISTRICT (Full Delete of entire sections) Approved 6-0 f� PC 01/20/15 To C. 1/26 #15-3706 78-1211 Shoreland Related Definitions. Clarifies definition - remains consistent with 33 state shoreland rules and Orono's historical Bluff, toe of the, means the lower point of a the lowest fiftv (50) foot segment with an average slope exceeding 18 percent. If the lowest such point consistent ordinance administration. is lakeward of the OHWL, the OHWL will be defined as the toe. Approved 6-0 � PC 01/20/15 To C. 1/26 #15-3707 78-1405 Nonencroachments. Clarifies language pertaining to permit 28 (a)The following shall not be considered to be encroachments on yard setback requirements: restrictions for retaining walls which cannot be (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment closer than five feet from any side or rear lot except as otherwise regulated. No accessory structure shall be closer than five feet from a rear lot line. line, nor located within an easement. L5 1� No retaining wall of any height shall be located closer than 5 feet from any side or rear property line, never fewer than ten feet from Approved 5-1 � PC 01/20/15 To C. 1/26 the edge of the traveled roadway or placed within a drainage, utility, or other easement, except upon apqroval in writina for an encroachment agreement by the cit�; or similar approval from another regulatory and/or utility agency. #15-3708 78-1405 Nonencroachments. Clarifies applied definition of maximum fence 36 (a)The following shall not be considered to be encroachments on yard setback requirements: height for riparian shoreland lots and establishes (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the following standards. For the minimum material permanence criteria. purposes of this section the term fence height shall mean the measurement from the top of any part of the fence, including vertical TABLED 6-0 � PC 01/20/15 structural su�ports, lattice, ornate top design elements and so forth to a vertical �oint directly below the top of an existin�,arade on the ro e a. Nonlakesho�e/ots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. b. Lakeshore lots. 1. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard, or rear yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line shall not exceed 42 inches in height. The term "average lakeshore setback line" means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. Updated 1/23/15 Page 1 of 10 _ Zoning Ordinance & City Code Review 2015 � 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the " , shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above original grade. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. Temporary fencing improvements which normally consist of materials such as snow fencing, silt fence, bioretention logs or other types of products normally associated with construction projects shall not be allowed to remain on the property following final inspection, or issuance of a CO for a permitted construction project, or protection of property during a similar project or winter conditions. Such temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. #15-3709 78-1001 Sec. 78-1001. -Authorization. Adds the Navarre Area into eligibility for mixed 6 Planned unit development authorization may allow: use PUD's similar to that allowed for the Wayzata Boulevard corridor. (6)Applicability. Utilization of this zoning district is limited to the Highway 12 Corridor as set forth in the city's comprehensive plan amendment #2, adopted May 23, 1988; and the Navarre Area as set forth in the City of Orono Community Management Plan ado�ted September 13, 2010. Approved 6-0 � PC 01/20/15 To C. 1/26 #15-3710 78-967 Subdivision II. - Land Alteration 5 &37 Exception. Establishes new standards &streamlines (a)The requirements of section 78-966 are not intended to govern the following land alteration activities: administrative zoning permit approvals for (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such grading in the 0-75 ft. lakeshore setback for building. things like in-ground stairways, ice ridge (2)Any earth movement less than 500 cubic yards which does not adversely impact the existing drainage. corrections, landscaping, etc. (3) Grading, filling or excavating of fi 50 �►cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. Approved 6-0 � PC 01/20/15 To C. 1/26 (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (c)The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. 78-1286 Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than fi 50 �cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in Section 78-1217. c Public and rivate roads drivewa s arkin areas, and ublic or rivate watercraft access ram s shall not be constructed within 75 feet of the Updated 1/23/15 Page 2 of 10 Zoning Ordinance & City Code Review 2015 ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to � , the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: � For movement of up to fifty (50) cubic yards of material within seventy five (75� feet of public waters as per item (b� above, a staff- issued land alteration permit shall be required. (2�) For movement of between fifty one (51) s�►e through 500 cubic yards of material anywhere within the Shoreland Overlay District e, xcept for within seventy five (75) feet of public waters, a staff-issued land alteration permit shall be required. (3�) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. Notes• Updated 1/23/15 Page 3 of 10 - Zoning Ordinance & City Code Review 2015 Pages 4 through 6 reflect the amendments to be reviewed by the City Council at the February 9t" meeting; no planning commission public hearing is required. File i e Current Lanauaae&Pronosed Chanaes Summarv of Chanae/Comments Priori Number• i n List No. #15-3711 86-66 Construction Permit Clarifies permit requirements and modifies 25 (Doesn't Required. updated full survey requirements for minor require � permits Required. building and site grading permits by allowing a Planning It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or site plan. Commissio any part or portion, including but not limited to the general construction, plumbing, ava�er�vel�on-site sewage treatment system, wood stoves n Hearing and fireplaces, ventilating, heating or air conditioning systems, or cause such work to be done, without first obtaining a separate building, septicF PC supported modifying the requirements or siqn" or general permit for each such building, structure or separate component from the city. to allow a site plan when an existing Recommen survey is on file for small additions,decks, d) � Zoning Permit for Landscaping_ grading work, etc. They felt it was very If a landscapina plan is not submitted with the survey or site plan and incorporated as part of the buildingpermit approval, including the name �mportant, however,to make sure the of the landscape contractor, then a separate zoning permit application shall be submitted by the landscaping contractor prior to performing anx language does not allow this for new landscaping work on a property, including, gradinq, patios and retaining walls. The zoningpermit for landscaping shall be reviewed and homes or complete reconstructs. approved by the ci prior to issuance of a permit. Permit application; information required. a)The application for a construction permit shall include such information as may be required by the city, which may vary between types of construction projects. 86-68 (b) Surveys or site plan required: (Not w/in Zoning (1) Initialsurveyorsite plan,Any building or general permit application for construction of a new structure or expansion of an existing Code. structure shall be accompanied by a certificate of survey or site plan drawn to scale prepared by a person registered by the Minnesota Doesn't Board of Architecture, Engineering, Land Surveying, Landscape Architecture, and Interior Design, unless specifically exempted by the citv. require PC An initial certificate of survey shall be reauired for new home construction or sites with a complete reconstruction of a structure. A Hearing) certificate of survey or site plan shall conform to the City of Orono Survey or Site Plan Requirements. ^��'�-�'� �� °:'� `� �"� ��`:�� F�"� �+�it�-e�e+a�. #15-3712 DIVISION 2 CONSTRUC7'ION PERMIT Clarifies language for exterior building 29 86-70 Sec. 86-70. - Permit expiration. completion based upon legal precedent. (Not w/in (a) Notwithstanding continuing or ongoing work, any building permit issued by the city shall expire and by limitation be null and void and shall Zoning require issuance of a new permit and payment of half the original permit fee if a certificate of occupancy and final completion has not been PC was supportive of the revision Code. issued within the following length of time afiter the date of permit issuance, which new permit and fee shall be necessary to reimburse the city Doesn't for ongoing and more than normal number and cost of inspection services: require PC (1) Single-family residential dwellings, including new construction, remodeling or additions, 24 months. Hearing) �2� Accessory buildings on single-family residential properties, 12 months. (3) All multifamily and nonresidential construction, 24 months, except when a longer time is authorized by the council at the time the original permit is issued. (b) Notwithstanding continuing or ongoing work nor issuance of new or extended permits, all exterior work authorized by a buildingpermit issued in accordance with the State Building Code shall be completed within twelve (12) months following issuance of the buildingpermit. : In addition, {� no land shall remain disturbed and exposed without established grass or other ground cover according to the a�proved grading and landscapingplans for a-�e�ied-ej�g the same twelve (12) month ep riod. . � � � � , �7 .... ..FM,. ,.F�I�.,. „F...+,.F,. ..,.F...,+:,... (c) Failure to complete such exterior construction and grading/landscaping improvements shall result in the expiration st�s�e�ie�t of the existing permit. . , • Updated 1/23/15 Page 4 of 10 � Zoning Ordinance & City Code Review 2015 ' �� '��"�� '�� This does not release the permittee from making appropriate life safety corrections nor negate other building --'- r-....._ _..__. _...- _--'._... code requirements. #15-3713 ARTICLE II ON-SITE SEWAGE DISPOSAL Modifies minimum septic pumping intervals 35 Divisions General &Administration (Subject to further review &analysis by staff for consistency with minimum Hennepin County Standards where documented and approved septic tank 1 &2 and local jurisdictional discretionary options) sludge levels are below the required 3 year pumping requirement. 58-51 System operation, use and maintenance. (Not w/in (d) System maintenance. All owners using or controlling the use of any ISTS shall perform the following maintenance functions: Zoning (1) System location. A diagram shall be prepared and thereafter kept on the property showing location of the ISTS, including the sewage Code. tanks, distribution boxes and soil treatment area, pump station, sewer line, water well and location of septic alarm in residence. Review of current septic requirements where Doesn't local options exist in accordance with mandated (2) Annualinspection. It is the responsibility of the homeowner to monitor the condition of the ISTS serving the property on a regular basis require PC state requirements for minimum county Hearing) and ensure that the ISTS is functioning properly. Whenever existing sewage tanks are not provided with inspection pipes, the owner of such standards may also require further changes. tank shall install inspection pipes within 12 months of the effective date of the ordinance from which this article is derived. At the same time that the septic tank is opened for inspection, each distribution box shall be opened and any accumulated solids shall be placed in the septic This portion of the review will be completed tank for treatment. with the next round of changes. (3) Regular,numping. Sewage tanks and/or holding tanks shall be regularly pumped of septage as provided by this article. , . , , , , +�s�e� (e) Sewage tank and holding tank pumping. It is unlawful for any person to pump or remove any septage (liquids or solids) from any sewage tank or holding tank without complying with the requirements of this article. (1) Required pumping.The owner of each sewage tank or holding tank shall cause such tank to be pumped for the removal of septage when required by one or more of the following provisions: a. Sludge buildup. Sewage tanks shall be pumped whenever measurement of the tank indicates that the top of the sludge layer in the tank or any compartment thereof is less than 12 inches below the bottom of the outlet device, or the floating solids layer is less than three inches from the bottom of the outlet device. b. Maintenance pumping. No sewage tank shall remain in service without being pumped at least once every three years. As an alternate to pumping on a three (3) year cycle the property owner may request approval of a one (� vear extension by the onsite septic manaqer. An extension may be approved when the property owner provides a written report by a certified MPCA licensed pumper/maintainer verifying the septic tanks upon the propertv does not contain a sludge layer in the tanks, or any compartment thereof, which is less than thirly_(30) inches below the bottom of the outlet device. � Each existing septic tank shall be pumped at least once within 36 months of the effective date of the ordinance from which this article is derived and thereafter at least once within 36 months of each succeeding pumping, unless an extension is approved. In order to be considered a maintenance pumpout, the manhole or cover section (20-inch diameter minimum) must be removed to allow the complete extraction of the solid materials within the sewage tank. The contractor must also determine whether the tanks are watertight and report this information on the pumpout notification. Failure to adhere to these requirements will result in the city's rejection of the pumpout notification as a bona fide maintenance pumpout. c. System failure. A noncompliant ISTS discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. d. Holding tanks. Holding tanks, where permitted, shall be pumped on a regular basis and in all cases shall be pumped before overflowing occurs. All new holding tank installations will require review by the onsite septic manager. Holding tanks shall be provided with a sight and sound alarm to warn of possible overflow. Holding tanks may only be permitted by the onsite septic manager when no other feasible location exists on a site Such approval may be referred to the City Council by the onsite septic manager Infrequency of usage and cost of drain field improvements shall not constitute reasons for infeasibilitv. (2) Contractor required. All sewage and holding tank pumping shall be performed by licensed contractors. (3) Off-site disposal required. All septage removed from sewage tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in a sanitary location and manner according to the requirements of the Metropolitan Council. (4) Registration required. Each pumping of every sewage tank and holding tank shall be registered with the city on forms provided for that ur ose, within 30 da s of the um in . The contractor shall certi to the ci the owners of the ro e , ro e address, date of Updated 1/23/15 Page 5 of 10 � Zoning Ordinance & City Code Review 2015 ' pumping, gallons removed and location of sanitary disposal. Failure to register any pumping with the city may result in the city inspection report's classifying the ISTS as noncompliant. #15-3714 14-142 Wellhead Protection - New Private Wells Prohibited. Prohibits new private wells from being installed 40(a) (Not w/in � The owners of all buildings where a public water supplv is available, or becomes available, shall connect the buildings to the public water where a public water supply service is available. Zoning supply, subject to the foflowing conditions: Code. 1. A private propertv with a functioning well will not be reauired to be connected to the city water until the well becomes nonfunctioning or the Doesn't building undergoes major remodeling resulting in an increase in water use that exceeds the capacity of the well require PC Hearing) 2• Where it is not feasible to connect to a public water supplv or if private on-site water supplementation is required as determined by the Citv of Orono, a well may be drilled in accordance with the specifications and provisions of the Minnesota Department of Health, Water Well Construction Code. �B) At the time connection to the public water supply is completed, all existing private wells no longer in use shall be sealed by a licensed well contractor according to the Rules of the Minnesota De�artment of Health. #15-3715 Sec. 14- Service pipes. Changes responsibility for repair of private 40(b) 134 Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet below water line breaks on land owner's property from (Not w/in the surface in all cases so arranged as to prevent rupture and stoppage by freezing. It is the responsibility of the property owner or building the city to the land owner. Also provides Zoning occupant to repair frozen service pipes between the curb stop into the house or other buildin� consistency with Section 14-138 concerning Code. . Service pipes must extend from the curb stops to the inside of the building, or if not taken into a repair of leaks. Doesn't building then to the hydrant or other fixtures which they are intended to supply. A valve the same size as the service pipe shall be placed close to the require PC inside wall of the building, ahead of the meter and well protected from freezing. Joints on copper tubing shall be flared and kept to a minimum. Not Hearing) more than one joint shall be used for a service up to 70 feet in length. All service pipes, including joints, shall be left uncovered until inspected. Minimum size connection with the water mains shall be three-fourths inch in diameter. The stren th of all i es shall be as rescribed b the ci . Notes: Updated 1/23/15 Page 6 of 10 � Zoning Ordinance & City Code Review 2015 ' Pages 7 through 10 reflect the City Code Sections which will require discussion by the City Councii for the development of new/amended language. File i de Current Languaae&Pronosed Changes Summary of Change/Comments Priori Number• i n Lis N 14-281 Subdivision IV. - Stormwater Trunk Fee Modify standards for how new 15 . through development/redevelopment storm water fees 14-287 Sec. 14-281. - Statutory authority. are catculated. Minn. Stat. § 444.075 authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities (charges). By this subdivision, the city elects to exercise such authority. Staff recommendations as to possible Sec. 14-282. - Findings and determinations. options are currently being developed for In providing for such charges, the findings and determinations set out in this section are made. Council consideration in February/March. (1) In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the city has constructed, operated and maintained a storm sewer system (the system). This subdivision is adopted in the further exercise of such authority and for the same purpose. (2) The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this subdivision. (3) Development or redevelopment of land changes the characteristics of the stormwater runoff from the property and results in the need for improved stormwater facilities, and also increases the demand on the stormwater system, which results in greater maintenance and operational costs of the system. (4) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the city and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the acreage of land to be developed or redeveloped. (5) Assigning costs and making charges based upon expected typical stormwater runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this subdivision undertake to establish a reasonable and practicable methodology for making such charges. Sec. 14-283. - Rates and charges. (a) Estab/ishing. The stormwater trunk fee charges, for various land uses, shall be included in the city fee schedule and shall be changed as necessary by resolution of the council. (b) Determination. The city has developed a surface water management plan that includes design criteria for stormwater systems and preliminary design information for a comprehensive stormwater system in the city. In general, stormwater trunk fees are calculated by dividing the total cost of system construction, by the number of developable acres the system will serve. The appropriate base trunk fee per acre, to be used on a citywide basis, shall be determined as necessary using this methodology. (c) Acreage equivalency factors. Recognizing that different types of land use generate different amounts of stormwater runoff, an equivalency factor multiplier is assigned to each land use type. The two-acre residential lot is considered as the standard in the city, because a large percentage of the land in the city is zoned for two-acre single-family residential land use. The two-acre single-family residential lot will be assigned an equivalency factor of 1.0. The table below lists the equivalency factors for different land uses. These equivalency factors will be applied to the base trunk fee per acre. Updated 1/23/15 Page 7 of 10 � Zoning Ordinance & City Code Review 2015 � I Land Use Equivalency i Factor �Single-Family Residential 5-Acre Zonel Z 0.8 �Single-Family Residential 2-Acre Zone3 1.0 ,Single-Family Residential 1-Acre Zone 1.3 Single-Family Residential �/z-Acre Zone 1.5 !Multifamily Residential 4 Units/Acre or Less 1.8 � I�Multifamily Residential Greater than 4 Units/Acre 2.1 Commercial or Industrial 2.4 1 Buffer easement reduction. For the five-acre zoning district, a reduction of up to 50 percent of the trunk fee for the lot will be allowed fo�the percentage of the lot protected by pe�imeter and/or drainageway buffer easements. These bulfer easement areas sha/l remain in a natural condition. Z Maximum fee. For the five-ac�e zoning district, any/ot exceeding 7.0 gross acres, inc/uding wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 7.0 acre parce% Such lot shall remain eligible for the up to 50 percent reduction noted in footnote 1, such reduction based on the pe�centage of 7.0 ac�es that is p/aced in buffer easements, 3 Maximum fee. Fo�the hvo-acre zoning districts, any lot exceeding 4.0 gross acres, including wet/and, shall be charged a maximum trunk fee equal to the trunk fee for a 4.0 acre parce% (d) Payment. All applicable stormwater trunk fee charges set forth in this subdivision shall be paid in full before any building or land alteration permits are issued for the project. Sec. 14-284. - New development projects. New development projects shall pay the base trunk fee per acre of land developed adjusted using the appropriate land use equivalency factor as set forth in this subdivision. Sec. 14-285. - Redevelopment projects. Redevelopment projects shall be defined for the purposes of this subdivision as any project to either remove and replace existing structures or to enlarge existing structures.These projects will be charged a portion of the base trunk fee adjusted for the area of expansion of impervious surface above the existing conditions. The table below lists the percentage of the acreage base trunk fee based on the area of impervious surface expansion and adjusted for the type of land use.The trunk fee shall be determined by multiplying the appropriate fee by the acreage of the development site. A�ea of Residential Commercial o� Impervious Development Industrial Surface 2-Acre Commercial/ Expansion Single-Family Industrial Base (square feet) Residential Base Trunk Fee/Acre � Trunk Fee/Acre(%) (%) ��1,000 35 35 1,000-2,000 70 70 More than 2,000 100 100 ( Sec. 14-286. - Responsibility to supply information. The owner, occupant or person in charge of the property subject to this subdivision shall supply the city with such information as the city may reasonably request related to the use, development and area of the property. Willful failure to provide such information or to falsify such information is a violation of this subdivision. Sec. 14-287. -Ad'ustment of char es. Updated 1/23/15 Page 8 of 10 � Zoning Ordinance & City Code Review 2015 _ . • The intent of the stormwater trunk fee is to provide funding for improvements to the stormwater system as the result of development in the city. Current regulations require property owners to provide stormwater treatment for the stormwater from the development properly. The city reserves the right to develop policies to provide stormwater trunk fee credits for stormwater improvements on developing properties that provide additional treatment benefits be ond what is re uired to treat the stormwater runoff from the develo ment site. DIVISION 4 SIGNS Modify standards, duration and permit 17 Signs as accessory use. requirements for temporary signage and 78-1466 Signs are a permitted accessory use in all districts subject to the following regulations: provides allowances for special event sign (8) Temporary signs, permit provisions on an annual recurrent basis. a. There shall be no more than four temporary business signs issued per calendar year, and for a period of not more than ten days per time or Other aspects of the regulations should be of the duration of the event promoted by the sign message, whichever is less. The sign (including banners or balloons), sign supports or updated to remove all content based provisions portable stand shall be removed from public view at the end of the period. Total area of the sign shall not exceed 32 square feet per surface from the ordinance. (64 square feet total signage allowed for two-sided portable sign). Advertising balloons are not subject to area restrictions but must meet all applicable federal and state standards. No changes proposed yet. The PC did not b. There shall be no more than one temporary sign in any required yard area, and, if separate multiple signs are proposed, the total area of the feel strongly about the need for changes, signs shall not exceed 32 square feet. Temporary business signs require a building permit from the city. No such permit shall be issued by or what issues were being encountered; the city if a conditional use permit under section 78-1467(1)c has been issued to a residential property. No temporary sign shall be allowed but suggested that the standards should in residential zones unless permitted as election or sale signs under this section. Multitenant buildings shall be considered as a single not be relaxed in any way to avoid a property for purposes of subsection (8) of this section; and the use of the single temporary business sign by tenants on the property shall be cluttered sign appearance in the the responsibility of the property owner or designated manager, who shall endorse in writing all applications for sign permits. community. A concern about the amount of staff time or priority that can be c. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance and devoted to more proactive enforcement removal of the sign. All temporary signs shall be located on a property so that they do not impede safety by obstructing vision of pedestrians Was noted. or motor vehicle operators. d. The city may, without notice, remove any temporary sign erected in violation of this section or any other federal, state, or local law or ordinance. Any signs not claimed within 30 days after removal may be destroyed by the city. DIVISION 2 NONCONFORMING USES AND RELATED MAITERS Provide standards for substandard existing lots 30 Nonconforming structures and uses. See attached memo outlining issue and options the city can pursue in light of the permissive of record consistent with updated state Sec. 78-72 language contained in state statute. shoreland regulations. Lots of record. (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal Recreational district, and any of the LR- No changes proposed yet. PC did not Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following provide a clear sense of direction and felt regulations: that the Council was the appropriate body (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: to provide this direction. a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and c. 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. d. All other zoning district standards can be met. (2) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: a. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; and c. Impervious surface coverage must meet all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover must not exceed 25 percent of the entire lot area; and d. Development of the lot must be consistent with the comprehensive plan. (3) A lot subject to either subsections 78-72(c)(1) or(2) remains subject to the hardcover restrictions of this chapter, as follows: a. Where the hardcover s uare foota e allotment as calculated based on the assi ned tier exceeds 25 ercent of the entire lot area, Updated 1/23/15 Page 9 of 10 � Zoning Ordinance & City Code Review 2015 . � � hardcover shall be limited to 25 percent of the entire lot area. b. No portion of the impervious surface square footage allowed shall be placed within in 75 feet of a lake OHWL or tributary bank, except for those items normally allowed in such location as regulated elsewhere in this chapter. (4) A lot subject to subsection 78-72(c)(2) not meeting the requirements of subsection 78-72(c)(2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (5) Notwithstanding subsection 78-72(c)(2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (6) In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, stormwater runoff management, reduction of impervious surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. 78-1279 Placement of structures on lots. Discuss and consider changes to average 2 lakeshore setback requirements for unique non- (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the typical situations. shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average No changes supported by PC at this time. lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent Each case for variance is a unique non- lakeshore lots. typical situation. PC recommends use of a. In instances where the average lakeshore setback cannot be met, administrative approval may be granted at the discretion of the planning the`180 degree angle view'as a policy director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. criteria basis in the review of variances. Item possibly to be removed from the list followin discussion b Council. Notes: Updated 1/23/15 Page 10 of 10 � COUNCIL MEETING � JAN 2 6 2015 MEMORANDUM January 26, 2015 Work Sessior�Typ�ORONO To: Mayor& Council Jessica Loftus, City Administr or From: Mike Gaffron, Senior Planner - Date: January 22, 2015 Subject: Whalen Property Easement/A cess Issue Summary: The City is in receipt of a letter from Jim and Jean Whalen regarding their inability to gain access to their vacant property west of the Jacobs Mill subdivision. Attachments: A-Whalen Letter dated January 8, 2015 B -Whalen Letter to Planning Commission dated December 9, 2014 C - Charles Cudd Co. December 8, 2014 Request to Delay Council Sketch Plan Review D - Staff Memo to Council re Roden Property Sketch Plan December 2, 2014 E - November 24, 2014 Charles Cudd Co. Letter to Whalen re Access Offer F - Sketch of Cudd Sketch Plan Showing Proposed Access for Whalen G - Staff sketch showing possible options for investigation H -Additional Items of Correspondence I - Jacobs Mill Road Easement Document For Discussion: The Whalen's have been attempting for more than a year to gain access to their property in order to market it as a building site. The property is located west of Jacobs Mill Road and separated from Orchard Park Road by existing homestead lots created 100 years ago. The parcel abuts undeveloped rights-of-way, all of which are situated so as to have significant issues with their ability to serve as an access for the Whalens. Staff have met with the Whalen's on numerous occasions over the past year, and did provide them a sketch depicting potential options to consider. None have come to fruition for various reasons, including: - Jacobs Mill HOA refusing to grant access to Whalen over Jacobs Mill Road, and an easement over that private road that requires payment to the road owners if access to the west is developed - MnDOT & Hennepin County refusing to grant access to County Road 6 due to topography and existing roadway configurations - Topographic issues such as wetland and creeks, as well as long distance that make development within the existing right-of way corridors impossible or financially prohibitive - Inability to reach an agreement with Charles Cudd Co on access thru Roden property (in part due to Cudd reluctance to develop site due to various factors including Stormwater Fee) The recent January 8 letter from the Whalen's suggests they want the City to pressure Hennepin County to grant approval for a driveway to CR 6. I have asked Soren to be present at the work session for discussion on this item , lanuary 8, 2015 R �t Orono Ci Council �C��V 2750 Kelley Parkway ,�� O c,� �0� Orono, M N 55356 o,�oR °�o Greefings: Unfortunately, the potenfial solufion for access to our lots in Orchard Park has not occurred, and we are left with land-locked, potentially useless property. We had previously presented a request to Hennepin County for a driveway permit from County Road 6. This permit was prepared by Mark Gronberg, and it is our understanding that it met all the design requirements. Hennepin County has denied the request based on the fact that it was adjacent to the median divider and suggested we try to find an alternative access. That solution has proven to be unavailable. If the denial of access stands, the only remaining solution will be lifigation against Hennepin County, City of Orono and the State of Minnesota for damages. It appears from the response received from Hennepin County that the denial of a driveway access was a close call as the actual design by Mark Gronberg met all of the requirements except for sight lines related to County Road 6. This access would serve one residenfial unit under Orono's current zoning requirement and as a result, the usage of this driveway would be minimal. Prior to starting lifigation, which could be costly to us, the City of Orono and the other parties, it might be worth the effort for the City to work directly with Hennepin County to secure the approval of access to our property in accordance with the plans prepared by Mark Gronberg. The added pressure from the City may be effective in securing the issuance of the driveway permit. We will gladly work hand-in-hand with the City in this matter and, if successful, we can resolve this issue of access without the necessity of litigafion. We would like to express our appreciafion to the Mayor for her involvement in helping us find a solufion. Si er,�ly, , 1.�� ' and lean Whalen CC: Mayor Lili McMillan g December 9, 2014 To: City of Orono Planning Commission From: 1im and Jean Whalen Subject: Landlocked Acreage: Lots 3 and 4 Orchard Park We have no issue with the vacation of the platted public road along the east side of Orchard Park plat provided we have deeded permanent and unrestricted access over the proposed public or private road from Orchard Park Road to the south boundary line of Lot 4 Orchard Park. We would be open to entering into a joint maintenance and use agreement. We believe any approval of the Robert Roden proposal should be conditioned on the execution of a permanent easement of ingress and egress and an acceptable maintenance agreement between the owners of Lots 5, 6, 7, 8, 9 and part of 10 Orchard Park and us, the owners of Lots 3 and 4 Orchard Park. Thank you for giving consideration to these matters. � � V�� l � C . ✓ Mike Gaffron From: Mike Gaffron Sent: Monday, December 08, 2014 9:25 AM To: 'Rick Denman' Cc: John Murphy Subject: RE: Packet for Monday's City Council Meeting Rick - Will remove your sketch plan from tonight's agenda as requested. Let me know when you wish to reschedule. Next Council meeting is Monday, ]anuary 12, 2015. Mike Michael P. Gaffron Senior Planner City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crystal Bay , MN 55323 Phone: (952) 249-4622 Fax: (952) 249-4616 -----Original Message----- From: Rick Denman [mailto:RDenman(�charlescudd.com] Sent: Saturday, December 06, 2014 8:35 AM To: Mike Gaff ron Cc: 7ohn Murphy Subject: Re: Packet for Monday's City Council Meeting Mike, I would like you to please remove us f rom the agenda. It looks like Whalen is not interested in sharing any cost for the infrastructure that would provide access. I need to regroup and re- evaluate. Thanks for your help. Sent from my iPhone > On Dec 5, 2014, at 3:21 PM, "Mike Gaffron" <MGaffron(alci.orono.mn.us> wrote: > > Rick - > Attached is a copy of the packet for Monday's meeting, along with a copy of the agenda. Note the 6:30 start time. > Mike > > > Michael P. Gaffron > Senior Planner > City of Orono > (Street Address) 2750 Kelley Parkway > (Mailing Address) P.O. Box 66, Crystal Bay , MN 55323 > Phone: (952) 249-4622 > Fax: (952) 249-4616 > > > <Item 14 143701.pdf> > <Council Agenda 12-08-14 630 pm start time.pdf> 1 .. fl Date Application Received: 10/31/14 � �� ' Date Application Considered as Complete: 10/31/14 �� --`pA s 60-Day Review Period Expires: NA �2 � � dl�t��T �� 1"" �►p+�`� .� �PP� Q'� A� � REQUEST FOR COUNCIL ACTION Date: December 2, 2014 Item No.: ��,[ / Department Approval: Administrator Approval: Agenda Section: Name: Michael P.Gaf&on Planning Dept. Title: Senior Planner Item Description: 14-3701 Rick Denman of Charles Cudd DeNovo o/b/o Robert Roden, 460 Orchard Park Road- Sketch Plan Review Zoning District: RR-lA, One Family Rura1 Residential District(5 acres/300' width) Property Area: 23.08 acres including existing r-o-w proposed to be vacated Application Summary: This is a sketch plan for a 23-acre parcel proposed to be divided into 3 single-family residential lots. A113 of the lots would be served by a new private road with cul- de-sac extending easterly from Orchard Park Road. All lots would be served by on-site sewage treatment systems and private wells. Planning Commission Recommendation: Planning Commission reviewed the sketch plan at its November 17 meeting and took no formal action. The adjacent property owner to the immediate north, James Whalen, was present in support of the proposed development as it potentially resolves the lack of suitable access to his property. Staff Recommendation: While no formal action is required, Council should review the Planning Commission memo and attachments which will serve as a foundation for Council's discussion with the applicant to identify any potential issues to be addressed when the formal Preliminary Plat application is submitted. List of Ezhibits ExhibitA. Draft PC Minutes of 11/17/14 ExhibitB. PC Memo and Exhibits dated 11/13/14 Please review the Planning Commission memo and ezhibits and the draft PC minutes of November 17 for background on the proposed development. This sketch plan for a 3-lot subdivision is fairly straightforward. Council is asked to consider the following and provide applicants with as much direction as possible: 1) Access to the adjacent Whalen property is proposed via a 30' wide corridor, such that Whalen properiy acts as a back lot that is not part of the subdivision. Should provision of access to the Whalen property be required of this development? Are there any better alternatives for Whalen access? 14-3701 December 2,2014 Page 2 2) Does Council have any issues with vacating portions of the platted, undeveloped right-of- way along the east boundary of the property? 3) Does Council have any issues with the width variances associated with the lots abutting the cul-de-sac? 4) Are there other factors, issues or topics that should be discussed regarding the applicants' proposal? 5) The developer has questioned the magnitude of the Storm Water and Drainage Trunk (SW&DT) Fee. Due to the large size lots, the need for stormwater improvements is likely to be minimal. The subdivision will be subject to the SW&DT Fee per the 2014 Fee Schedule at $3,075 per acre with approximately 20 calculable acres;the resulting fee would be approximately $61,000 or just over$20,000 per lot. This fee may be reduced up to 50% based on the percentage of the acreage placed in conservation easements. Staff would note that the SW&DT Fee structure is currently undergoing staff review and will be discussed by Planning Commission andlor Council in the near future. Staff Recommendation The goal of this review is to provide the developer with an overview of the pertinent City ordinances and how they affect the proposed plat, and to discuss the strengths and weaknesses of the proposal. During the sketch plan review, the developer should advise whether any of the issues noted present particular problems, so that those issues can be discussed and the potential for approval or denial of variances as well as the associated development fees can be addressed by the Council. COUNCIL ACTION REQUESTED Review the sketch plan and advise the applicant on whether there are specific concerns about the proposal and whether a formal application might be successful. � . ` From: Rick Denman <RDenman@charlescudd.com> Subject: FW: Orono Property Date: November 24, 2014 1 :36:27 PM CST To: "jim@campgoodnews.info" <jimC?campgoodnews.info> Cc: "John Murphy (John@johnmurphyhomes.com)" <John@johnmurphyhomes.com> Jim----It was a pleasure meeting you and your wife last week at the Orono Planning Commission meeting. As you know we are trying hard to figure out how to make the neighborhood work for the Roden property as weil as get a good option for access to your property to the north. Since that meeting I have been working on securing the cost estimates to find out what the road and driveway costs are for the layout that you saw at the meeting. In order to make the numbers work for this project I will need to ask for your assistance to help cover your fair share of the actual costs of '/4 of the street and '/2 of the shared driveway that runs north from the cul de sac to your property. I am allocating the street costs equally between our 3 lots plus your 4th lot so '/4 of the cost each and I am allocating the driveway costs to our north lot and your lot so a 50/50 split on the shared north driveway to your property. It looks like your share for the street costs would run 1/4 of $117k or $29,000 and your 1/2 share of the driveway would run '/2 of $38k or $19k so your total share for both would be approximately $48k. We could have an agreement that you pay your portion of the above shared costs for the street and driveway at the closing of the future sale of your property. Therefore you would not have any upfront costs for us to install the street and driveway. If you would like, we could also explore purchasing your property if the numbers work. Please let me know if this concept sounds reasonable to you so we can decide whether to proceed or not with the approval process for the Roden property. Call or e-mail me anytime to discuss. Thanks, rick Rick Denman Principal Charles Cudd Co. 15050 23rd Ave North � � � I + � F � � i - ��—�' W�{� l��D� �' � � � i � 13 � 4 � S 89°39'45"E 631.18 �, Lot 3 � 12 5 0 � ��o�� o � � � 0 0 0 Z 11 6 � W O N Z N r O O S 89°23'00"E 454.91 y � 8 777.01 ' a' Lo� 1 ' OFDEIWEA7ED o . Lot 2 � � � �^. c N ��LJ° u7 �+r � .- N 89°23'00"W 632.32 -� z w 0 a�d�'' � Q N°0 V O EDOE OF DELMEATED WETLRND � 33 � � N 89°O6'20"W 632.70 NOTE.WETlA1JD DELNEATED BV SVOBOOA ECOLOGKAL RESOURCES 1 0 2 0 400 SCALE IN FEET � �� q� P �q e�L� 5 � G� -- ��`�- - / ��, ♦ 9 �N� � � � �co�=�� Gs f ti� '�'o � �? a �j N (0�0 � - - o P�jdU Z _ � � Z 1 �0�0 bd�LLN O � p�_ oPT1d�?�-. -� � � Y— —__ . f a oPt�w�.,3 1 Q S8� '8):i � �+'�4-} �R. ' � I�I �." ' v. _ �f+`. ' 1 k F � � � a O �� ` y� � � � � m � � m 'yG° ° � � � � y� t Q � - - - - - - - � .�� e 0 360 Feet 4�N� f r�vk=S�co Ss i'��+�-�t2o,�►, C�t�ze.ors f I -�-C z�, ,�' c DIMtlm�r: �1'rfSHO��' Thk dnwing k nNther�kgdN��dM map nor• wrvay and is not Intended to be used�s one This dnwin{4�mmpllatlon ot rowrds,Inform�tlon,�nd d�b louhd in v�Hous dry,counry,md sqte offlces,and other sourQs�Rectin{Me rta shown,�nd h to be used for rchrcna purpotes onM•The City of Orono b not rcsponsfble Por��ry Iroaundas herefn conGined. �Bokon&Menk,Inc-Web GIS 3/25/201411:12 AM , � �—! O � l� f�� O :_ O ��;� ,, CITY o�f ORONO �, �� : ari= �� : .� ��. � �' �z�.�� ,�► sa�t�: wu��aareu: 2750 Kelley Parkway P.O. Bo�c 66 " Orono, MN 55356 Crystal Bay, MN 55323�0066 — J�y is, 1998 _-._.. J�wn�t� 1447_S 38th Av�.N. Plymouth,MN 55446 Dear Jim Whalen: This letter is to offer the City's assistance to property owners along the Highway 12 corridor whose properiy will be partially or totally acquired by Mn/DOT as right-of-way for the highwa.y. The City is ready and willing to assist you in working with Mn/DOT to ensure fair and reasona.ble treatment in the right-of-way acquisition process, and to ensure adequate mitigation of the impacts of the highway on the adjacent properties. In particular,if you believe you may be eligible for an accelerated "hardship" acquisition process vs. Mv/DOTs regular acquisition process and timeline,you should advise the City so that the City can work with you and Mn/DOT to accelerate the acquisition process. If you have other concerns, regatd.ing which the City could provide assistance,please do not hesitate to contact the City. Cotrtact persons at the City are as follows: City Administrator Ron Moorse-473-7357 � Mayor Gabriel Jabbour-471-9256 Councilmember Richard Flint-473-5585 Councilmember Charles Kelley -4/5-12�U Councilmember Bazbara Peterson-475-2706 � Councilmember and Orono Design Review Committee Member-J.Diann Goetten-473-6633 Orono Design Review Committee Member Ed Callahan-473-8149 Orono Design Review Committee Member Jim Murphy-476-4384 Sincerely, . Ronald J.Moorse City Administrator � RJM/lsv T�one (61Z)473-7359 • FAX 4?3-0510 �NNesor, �� Minnesota Department of Transportation o = • ; Q �,��•� Metropolitan Division Waters Edge 1500 West Counry Road B2 Roseville, MN 55113 September 16, 1998 Mr. & Mrs. Jim Whalen 14425 -38`"Avenue North Plymouth, Minnesota 55446 Re: S.P. 2713-75 T.H. 12 Jdhaien Hardship Acquisition Dear Mr. 8� Mrs. Whalen: 1 am responding to your letter of September 2, 1998 requesting a hardship acquisition of your property along the south side of Highway 12 and Co. Rd. 6. I have reviewed the acquisition of this property and I regret to inform you that MnDOT is unable to acquire this property as a hardship acquisition at this time. After having reviewed the current layout for T.H. 12, MnDOT has determined that we are only affecting the entrance to your property. The portion we are affecting does not justify MnDOT acquiring your property in total at this point in time. Also, we do not anticipate working in this area for 1-2 years. While MnDOT's transportation planning office continues to work on this project, attention will be paid to the access of your property. If you need any additional information or have any specific questions, please feel free to call me at 582-1273. Sincerel / i'�" ark J. Linde rg, P.E. Area Right of Way Manager cc: P. Loken -W.E. File ,�„�.,o,.,,,4,�.,An equal opportunity employer � Children's Ministry of Minnesota, Inc. �_ 3 Camp Good News � 1442 5 3 8th Avenue N. Plymouth, l��N 5 5 446 763-557-2854 February 8, 2014 Bradley A. Adams, President Jacobs Mill Home Owners Association 3745 Jacobs Mill Road Long Lake, MN 55356 Dear Mr. Adams: My wife, Jean, and I are the owners of about ten acres of land to the west and a little north of your Jacobs Mill subdivision. We own two parcels of land described as Lots 3 and 4, Orchard Park Addition, Hennepin County, Minnesota. Hennepin County has denied us access to our land via Hennepin County Road 6 because of safety issues. We ask that your home owners association allow us and future occupants of our acreage to access the land by way of lacobs Mill Road, Outlots A B and C. It is our plan to donate our land to Children's Ministry of Ministry, Inc., a nonprofit Minnesota corporation who will sell the land to someone who would like a hobby farm. The ministry would then use the proceeds to build a main building at our camp grounds in Aitkin County, Minnesota. Orono states that our ten acres, because of some wet land on the acreage, will be limited to one single family residence. Orono's zoning rules would likely not allow more than two homes to be served, our lot and the northern portion of the lot to the south. And so the drivers needing access via Jacobs Mill Road would be for one or possibly two households. It would be most helpful if you would give us your decision in writing. Sincerely, Jim Whalen � � � March 4,2014 Jim Whalen , 14425 38"'Avenue N Plymouth,MN 55446 Dear Jim: The Jacobs Mill Homeowner's Association has reviewed your request for access to the ten acres you own via Jacobs Mill Road and Outlots A, B and C. Pursuant to our discussion over the phone,Jacobs Mill Road is a private road that the Association has been required to maintain over the past 14+years. Additionally,the cost of the road was inciuded in the price of our lots. Accordingly,the Association is unanimous in its decision to keep Jacobs Mill Road private and not allow additional access. Sincerely, �� .. Brad Adams President Jacobs Mill Homeowners Association , �{-s. l Melanie Curtis r—�--- From: Eric M Drager[Eric.Drager@hennepin.us] Sent: Thursday, March 20, 2014 9:24 AM To: Jean Whalen Cc: Melanie Curtis; Scott Pedersen; Robert H. Byers; Carla J Stueve; Chad Ellos; Jason W Staebell; John D Ekola; Jonathan J Krieg; Kelley R Yemen; Kelly S Agosto; Maury J Hooper; Steven J Groen Subject: Parcel 32-118-23-22-0004 Attachments: D00032014-03202014090503.pdf Dear Mr.and Mrs. Whalen, Attached is a copy of the letter you requested concerning access from your property in Orono to County State Aid Highway(CSAH)6. I will be sending the original hard copy in the mail to you today. If you have any questions or concerns, please contact me at any time. Thank you. Eric M.Drager,P.E. Administrative Manager-Land Acquisition Group Hennepin County Public Works 1600 Prairie Drive,Medina,MN 55340 Phone 612 348 4182 Fax 612 321 3410 Eric.Draeer�a,hennepin.us Keep it Green... Please consider the environment before you print this e-mail. Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying,retransmission, or other use or disclosure of the information is strictly prohibited. If you aze not the intended recipient of this message,please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 1 � j�-y� �--� t�-S._z Hennepin County Public Works �— ' Transportation Department Phone: 612-596-0300 Publ�Works Facility Fax: 612-321-3410 1600 Prairie Drive Web: www.hennepin.us Medina,MN 55340-5421 March 19,2014 Mr. Jim Whalen 14425 38th Avenue N. Plymouth,MN 55446 Dear Mr. Whalen, Hennepin County has reviewed your request for access from parcel 32-118-23-22-0004 onto County State-Aid Highway (CSAH) 6. While the parcel does not have frontage on CSAH 6, it does front the City of Orono platted road "Rolling Road"on the eastern edge of the parcel. The City of Orono Planning & Zoning Department has indicated that they would permit a driveway access from the parcel onto the platted "Rolling Road" with a driveway to be constructed along the platted road northerly to a connection with CSAH 6. Based on our review of this proposed access, Hennepin County has determined that it wiil not permit an access point to CSAH 6 at the platted "Rolling Road" intersection. This conclusion was made for several reasons including: proximity to the signalized intersection at the southwestern ramp of Highway l2, speed of traffic, curvature of road, sight and stopping sight distance concerns for turning vehicles, the lack of turn lanes or bypass lanes on CSAH 6 and the grade differential between the platted"Rolling Road"and CSAH 6. Please continue to direct future correspondence on this matter to Eric Drager at eric.dra e�r(�a.hennepin.us or 612-348-4182. Sincerely, a.�✓u-d 1�, James N. Grube, P.E. Director of Transportation and County Engineer cc: Melanie Curtis, City of Orono Scott A. Pedersen, MnDOT Metro Resource Section -PreDesign Plat Review Committee An Equal Op��ortun�fy Employer Mike Gaffron � '� From: Melanie Curtis Sent: Thursday, April 10, 2014 12:38 PM To: Mike Gaffron Subject: FW: Letters from MnDOT and Orono Attachments: Orono Letter re 10 acres 1998.pdf; MnDOT Letter re 10 acres 1998.pdf FYI Melanie Curtis 952.249.4627 mcurtis(�ci.orono.mn.us -----Original Message----- From: 7ean Whalen [mailto:iean(�camp�oodnews.info] Sent: Thursday, April 10, 2014 12:26 PM To: Melanie Curtis; 7esse Struve; Soren Mattick Subject: Letters from MnDOT and Orono Greetings! Thank you for your time this morning regarding the access and value of our Lots 3 and 4 in Orchard Park. We're sending as attachments the letters that we received in 1998 from the city of Orono and MnDot. We appreciate your help as we continue toward a solution! 7im and ]ean Whalen i � � From: Jean Whalen <jean(�campqoodnews.info> Subject: Remedy to Our Land-Locked Acreage in Orono Date: April 10, 2014 2:40:46 PM CDT To: IiliCa�lilimcmillan.com Dear Mayor McMillan: We are seeking a remedy for a situation created by the Minnesota Department of Transportation in the mid 1990's when MnDOT relocated Highway 12 where it intersects County Road 6, resulting in the elimination of access to our land, Lots 3 and 4, Orchard Park, Orono. The Property Identification Number of the land is 32-118-23 22 0004. We have met with Scott Pederson at MnDOT and Eric Drager at Hennepin County. Today we met with Melanie Curtis, Soren Mattick, Mike Gaffron, and Jesse Struve in Orono. The option presented to us would so diminish the value of our land. Thus it is not a viable solution. Because government created this situation, we believe government should provide a remedy for it. We look forward to your thoughts concerning this matter. Sincerely, Jim and Jean Whalen 763-557-2854 . �_g � From: Jean Whalen<jean(c�camngoodnews.info> Date: April 11, 2014 at 19:32:03 CDT To: Melanie Curtis<MCurtisn,ci.orono.mn.us> Subject: Lots 3 and 4 Orchard Park Dear Melanie - Thanks again for your involvement in the decisions needed to find a resolution to the access question for our land. As we reflected on the conversations surrounding the topic, it seems to us that the only option that has merit is for the City of Orono to condemn, at the city's expense, Outlots A, B,And C to make them useable for access to our property. Sincerely, Jim and Jean Whalen �-��0 � - C ITY OF ORONO � � Street Address: Mailing Address: I Telephone(952)249-4600 y�, � 2750 Kelley Parkway P.O.Box bb Fax (952)249-4616 1 �' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us "�KFs H o��` April 18,2014 Jim and Jean Whalen 14425 38`�Avenue North Plymouth,MN 55446 Re: Access to your Orono property Dear Mr. and Ms Whalen, It was a pleasure to meet with you on April 10 to discuss the various options for accessing your property and the challenges of each. Since that meeting, I have had an opportunity to review the correspondence that you sent to the Mayor and staff regarding your expectations of gaining access to your property and that someone other than yourselves should pay for that access. Please be advised that the City of Orono has always required property owners or developers to pay for all development related expenses. In the present situation,that means that you would be required to pay for any and all expenses associated with the necessary road improvements and any ancillary costs to access your lot. As we discussed, if you are unwilling to pay the potential costs of gaining access via Jacobs Mill Road, other options you may wish to pursue include: • Contacting MnDOT pursuant to their 1998 letter in which they state"attention will be paid to the access of your property". • Contacting the owners of all abutting property to determine whether any of them are interested in providing you access from Orchard Park Road, or whether any have an interest in purchasing your property absent resolution of the access issue. Absent any success with these two options,we would encourage you to continue discussions with Hennepin County regarding the lack of suitable options. The City and Staff are prepared to help figure out the best access to your lot and I would encourage you to contact me if you feel another meeting would be helpful(952-249-4622 or m affron_,ci.orono.mn.us). Sincerely, v Michael P. Gaffron Asst. City Administrator cc Mayor&City Council City Staff&Attorney Eric Drager, Hennepin County John Isackson, MnDOT � � � ` . .•''� 71896'�9 ��AND PRtOR'�AX� � j . *,�P R�R� _ � � TRAI�S . �T • � ' ROAD,A1Vp UTII.IT�3 , ; Ti�S IlJDEN'�'URE, made this��'_"�ay of ,b �� ' . P.De�ov�o 8�1 Deborah W. D�noviq hc�iand ' . own of I , � Lots 1 -4 incl °� PfO�°�Y �Y deB�rlheCl+�s . ; usive,Block 1 aad Lo�s I -3 iacl�uaivq lock 2, sad Oudots A,B, and C, i�cduaive�� ; Jacobs l�ill thdr hedre„sssig�e aad eu�oeseora hex�aaa@er coliectively i+c�an�od to ss"Crraaton", wd . � the City of Orono, s munla�l oorporation, under th�e laws of tl� Stats of Mmneeote, hes�n�Rer ; ro�red to as"(�rantee." . � WFl`NB3$L't'Fi� that Graufiors, in co�ide�on of the su� of 4na Dobar ($1.00) and For � � other good aad valuable considesation 8iv�n bY C�ntee� the�aipt o�which ts acdmowledged by . Gr��antar� do her�q grant, bargaia and conv�y to C�raat�e, its gu�eaors and aesign�, an eas� ' ' for public ingness, egress, access� road aad utilities puirposes an�d usos, on, acxoes and wader th+o�d . ' in the Couaty ofIien�repin aud Sta#e ofMuino�ota,as fullows: � � Outlots A,B sad C incluaive as cot�ained.on the r�ded plat crfJa�obs M� inoluding,but not by way of limitation, a£ull aad fiee right atud auttio�ity to er�ter upon eaid le�n�d to � . �,�11,��,oP�e a�i repair a eanitary sevv�iatarceptor,ljft s�abion�,main ar,linq a� wata main rnr line, gravel or paved mad aad any aa�aa appurteaeace� �tdiqg draiaa�e ooatrol � . structures, in�de�el snd rdated theroto, (�oh �e ha�e�er coll�tiva�y r�rod �o aa the � Impmvemant� aad the c�reru�e shall b�a.ve the � to miake �h use a£said laad as ia reasonably . . �+ sad advisab�e to the caasauotton, inetalla�on, maintenaave, operatioa and ropa�t' o�the . . Imp�nv�ememt. 31�u1d �ut[ot B be op�n fbr the bam�afii of a subc�vision or tot other t�han lots ' . car�ned in tt�e piat of JacQbs M�ll, t�tors sb�aU be paid ths f�ir merket valua for the added use of � . . seid aac�ss. �n addi�ion to any other romedy the Grantee aiay b�av�e, tha coveoants and i+e�trid3ons ' . contaiaecl�may be e�Earced by iaj�nction. . TO.HAVE AND TO HULrD ssid ee�sament u�ko eaid Gra�tea its succesaors aanccf assigney � , . P��Y• � � The Ghantor� � ceortii�r that the Iands herein desc�Ibed ara fnoe and cieear of a� �ncumb�ra�ac�a e000ept: . . 1Vlort�age dated A�ug�t 27, 1999;a�nd ffied of reoord Auguat 27, 1999 ea documeat rnanber� . 7172656 exeauted hy Deborah Rt vic and Jamea P. rieanovlc, husl�and and wjfe as MM�rrtgag�r�t and Prlvsta Badc Mwiee A�innesota baddog corpo�ation se Masfiga,geo . . YN WITNBSS OV�REOF, ' rs bav�e eet th�ir l�ande on the day and y�r , ' &st sbove v�nittea. ' P.Deauovic , � l�eborah W.Dea�v�ic . . � Page 1 of2 � � � � .�ti , . ST.A,TB OF MIIV'NBSOTA ) ' . )�• . � ' COUiVTY OF I�NNEPIl� � Tbe �t�oit�g iast�umeffi waa acknoovlalgad bef�re me this —�,�� o£ � I 999 by 7ames P.Deaao�vic and Deborah W.Doaacrviq hus�d and ' . , T 'Y ly[JBLIC � STATE DBED TAX DUB HBIil30IY: ' � ' . 1'Lis 9nsttumant Ir dca�ed Uy: ' KUN�RT�TANIDQRNII�TO 8t ICYJHAR . 4313omh 7m Street � � Mioo�s,MN 53415 ' (b12)333-3Z25 � ropdaM1�doo � � � Page 2 of 2 : - - -- _ - - . • � ' - . - - - � . _ _ - . . .. _ . - . .. - - - • � .. � ' ' • ' • • ' . , • � . _ . �,�... ,,�, .. � .,.. �.��..� a w � j � �� v� � � �� m � x � � �� a � �.�• .�,� � m � �' _ vs .� �� ,o � � � � � � �$ . � � � $ � � � � �-.-,�' �� o �w ,~y � � � �� Q �� _ � -� �� ` � o �� a �� . �-� � � � � � � .-.,-..., .,, ,... � � .� � � � .� � � U o� �'� �' `� � � - .�-��.� � �� _ �� m . � �� . . at � � °'w H ,,, � � � � � � � � � � � � �� ,g `� � =° �,� . � .� � � � _ � . , 1�� . � .� � � � �� ;.;, ; .j _ :; . is ::;::—� f r�-•= ) � � iF3:'•x r: �� '�=T �' . :: �::�,3•� � . . . ; _,;-." , . . •� .�-` � ;,. . t .':` ,j . !: ; p�g � +• l�P�Nt�t�i�T1f.��07A _ ,:=''''°'� �; . ' ',.��+ �i�� ; �9 SEP 30 AP! 8� 56 AS�oa�r's�1896'79 _ �� -- � co.eac. . ' EPUT Y . 5 }� D 1 • ! MEMORANDUM TO: ORONO CIT'Y COUNCIL FROM: JESSICA LOFTUS, CIT'Y ADMINISTRATOR SUBJECT: COMMUNITY DEVELOPMENT DIRECTOR— INTERIM PLAN FOR NAVARRE DATE: JANUARY 26, 2015 Communiry Development Director Andrew Mack resigned effective January 15`'' Rehiring for the position has been placed on the regular agenda. The City Council may want to take a couple of minutes for discussion. On a related issue, Mr. Mack initiated a grant process through BCBS with the Navarre Community Iniriarive (NCI) last fall. The goal was to try to get funding to create temporary healthy living demonstration sites in the summer of 2015. Councilmember Levang and Mayor McMillan encouraged NCI to continue their grass roots work and improvements to Navarre. Thankfully, NCI will be picking up the ball for the grant project and moving forward. Please see the attached email from Ralph Kempf for more informarion. Jessica Loftus From: Ralph Kempf[navarretoday@gmail.com] Sent: Thursday, January 22, 2015 10:50 AM Subject: Navarre Demonstration Projects Meeting#2 Greetings Navarre Enthusiasts! You recently received an email from Andrew Mack advising you of the next meeting for the Blue Cross Blue Shield(BCBS) Demonstration Project planning. We are sorry to report that Andrew Mack has, in the meantime, left the City of Orono. The Navarre Community Initiative (NCI) has coordinated closely with Mr. Mack since the inception of this initiative. We have now picked up the ball and are moving forward to implement the ideas generated at our first BCBS Workshop. Our second Planning Meeting is still on for Tuesday,January 27, 6:30pm at the Navarre Firestation (3770 Shoreline Drive). As Andrew's prior email said,the deadline for the grant application to fund our projects is February 12, 2015. This is a crunch time line. We will need a committed group of volunteers for the various tasks that will make this project a success. We will look for team leaders, worker bees, volunteers with experience in grant writing, event planning, and horticulture as well as anyone willing to bring their own skills, talents and passions to the service of their community. As with our Navarre Park planting project of last summer, we are anticipating a fun time doing great and meaningful work with an enduring legacy. Since the initial December 9t"meeting, we have brought together the brain-storming results from your PopUp Worksheets and distilled the list down to the problems, solutions and ideas that showed up consistently across our groups. This second meeting will present this pared down, more focused and do-able scaled summation of your ideas and begin to work out the mechanics of how to make it all happen. With your help, we will fill in a lot of blanks and devise a work plan from which we will create a budget for our grant application. This meeting is a critical next step. We hope to see you there. If you are unable to attend,but are a willing volunteer,please let us know so we can keep you in the loop. Thank you again for caring about your community! Ralph Kempf THE NAVARRE COMMUNITY INITIATIVE Navarretoda�(�a,�mail.com i �� ,, a B�U@�+1'OS$ '' �,k'r. �. , � + ' . BlueShield ' ;�'r c;��..; �_ ,:� Minnesota Frequently Asked Questions: ACTIVE PLACES DEMONSTRATION PROJECTS Q. Was the webinar recorded? Where can I get a copy of the slides? A.The webinar was not recorded.You can, however,find the webinar presentation slides on the Available Fundin�page of our website. Q. Does funding for Active Places have an impact on funding I already or plan to receive from the Center? A. No,as long as the work and the projects are separate. Q. What's the max funding amount for Active Places demonstration projects? A. No organization will be awarded more than$20,000. Q. How much money total is available for these projects? A.Approximately$160,000 to$180,000. Q. When do the projects have to be completed by? A.While there is no specific date for when your projects must take place,funding must be used by December 31, 2015. Q. What are the evaluatians requirements for these projects? A. Each project is required to submit a report to Blue Cross after completion of the project. For projects that extend beyond 2015, reports are due by the end of the calendar year.Additional evaluation requirements will be project dependent. Q. What are the eligibility requirements for organizations to apply? Do organizations have to be under Blue Cross Insurance? A.The eligibility requirements are on pages 5 and 6 of the RFP.This funding is open to all organizations regardless of their insurance carriers. Q. What advice do you have for organizations who don't yet have firm plans for their projects? A. It is not always possible to have all of the information you need when planning a new initiative. For the purposes of this funding opportunity, at minimum you should know the community you want to target and your plan to engage community members.We advise having the type,duration, and frequency of your demonstration project in mind; however,you may find in the community engagement process that your idea will require revisions.This is expected and encouraged. Keep in mind, however, that your budget template will be scored on its appropriateness, meaning the more you know up front, the better you will be at getting solid budget numbers. If you are unsure,start by considering the types of materials, permits, labor,etc.,you might need and the cost associated with each so that you can justify your budget. 1 Q. Could activities supporting active living be eligible for Active Places, or must all projects be place-based? Consider, for example, yoga classes featured in a public park versus efforts to convert an existing vacancy into a yoga studio. A.Activities would be eligible for this project assuming they are tied to a long-term community change. To answer this question,you must first consider your goals. For example, if your goal is to get more people to use the public park, perhaps free yoga sessions would be a good fit. If your goal is to get municipal support for a parks and recreation programming that includes free fitness classes,you may consider targeting classes in specific neighborhoods or high-need communities. Keep in mind that your initiative should reflect the needs and interests of the community in which you imagining long-term changes occurring. Q. Can a partner organization appear on multiple RFP applications? A.This will be considered on a case-by-case basis during the review process. Q. Does my project meet the criteria of the RFP? A.Active Places demonstration projects should be temporary, low-cost projects which aim to build momentum for future, long-term changes within a community.They must contribute to a long-term goal of making a community more amenable to walking, biking or other forms of physical activity.The Center will give preference to projects which are specifically designed to increase opportunities for all members of the community to be physically active, especially those who typically face barriers to doing so. When deciding if your project fits within this criteria, consider the long-term changes you hope to see in your community. Consider not only what you want to change, but also how you plan to get there. While we are interested in changing attitudes and behaviors related to physical activity, it is not enough to aspire to change solely individual behaviors.Your project will need to demonstrate long-term change that has the potential to impact not only those who participated in your intervention, but all community members.You will need to ensure that all community members, not just the ones participating in your temporary demonstration, have increased opportunities for realizing their optimal health.Some good examples of goals meeting this criteria are long-term changes to poticies, infrastructure,and in some instances public programming or services. If you have additional questions,send them to prevention.fundin�@bluecrossmn.com. Blue Cross and Blue Shield of Minnesota�and elue Plus�are nonprofit independent licensees of the Blue Cross and Blue Shield Association. 2 � MEMORANDUM TO: ORONO CITY COUNCIL FROM: JESSICA LOFTUS, CIT'Y ADMINISTR.ATOR SUBJECT: NAVARRE NIGHT DATE: JANUARY 26,2015 Mayor McMillan has been working with author Joan Wolfe and Pam Meyers of the Westonka Historical Society to discuss a possible book signing event to celebrate the book released on the history of Navarre. Attached is an outline for your review and discussion. NAVARRE NIGHT At Gray's Freshwater Center April 30,2015 6:30-8:30PM In conjunction with the release of the book, Navarre, The Hub of Lake Minnetonka, the City of Orono and the Westonka Historical Society present an evening program on Navarre History. Doors open at 6:30 Photos and historical items on display Summer streetlight banner (or design contest for) unveiled Navarre book signing Program starts at 7:00 Mayor McMillan welcomes and introduces Jeanne Englund Jeanne speaks and introduces Joan Wolfe who will MC One hour of various Navarre speakers Half hour of stories/show&tell from the audience PARTICIPANTS Joan Wolfe and book contributors provide program and items to display Westonka Historical Society will help set up and organize display City of Orono will pay for the rental space and refreshments Donations from Navarre businesses (food, banners, display items)? � MEMORANDUM TO: ORONO CITY COUNCIL FROM: JESSICA LOFT`CTS, CITY ADMINISTRATOR SUBJECT: BUILD-OUT WALL/LOGO FOR COUNCIL CHAMBERS DATE: JANUARY 26, 2015 The current focal point in the Council Chambers is the plaque listing past Mayors and our two flags behind the dais. The architect for the police department expansion and our lobby remodel has recommended a new wood build-out with logo for the Council Chambers. Staff recommends the improvement for the following reasons: • It would create a point of visual consistency with the front lobby and council chambers. • The logo would provide city identification for viewers watching the taped council meetings. • The savings from electing to removing the metal gates in the front lobby would cover the cost; $4,073. This improvement would not change the overall project cost. 5'-0' �� _- 1�'"'�O -_--- — - y� G,�a. - t,,��,ESH��`6 - Y �� - _ - - - == .:-n _-- - �. � - - -- _ --- - a., - — ---- --.. � - - -- � " �E�_curs .. - �o -- - - - ., --= RIFT-GUT QAIG _. ,;n -- - ��t�4EER - - �- - - -- - _ .4 — / --- - - .,- _— � 'N�OOD BUILD—OUT COUNCIL CH�AMBEI�S LL ��■�� E � � d� °� _,' OO 2013 SKD Architects � , Remodel and Expansion for: �°mm 1225.�m N Date m!�/09/ M . Orono Police Department ��W� B.D.,RN. o ar�c— 2730 Kelley Parkway GOUNUL GV�AMBERS o ��"�^�'N�5�„ Orono, Minnesota ? 783.591.8116 Sheet No LL r - � MEMORANDUM TO: ORONO CITY COUNCIL FROM: JESSICA LOFT'US, CITY ADMINISTRATOR SUBJECT: BUII_DING OFFICIAL RETIREMENT DATE: JANUARY 26, 2015 After thirty years of service, our Building Official Lyle Oman has informed the City that he intends to retire in June of 2015. Ideally, the City would proactively plan for Lyle's successor to have some overlap in May/June where the new hire could benefit from a transfer of working knowledge from Lyle. As the City Council is aware, the recruitment process takes an average of 3 months, so a May hire would require staff to bring the recruitment request forward on a February agenda. Staff is requesting direction on the building official position. � MEMORANDUM TO: ORONO CITY COUNCIL FROM: JESSICA LOF'TUS, CITY ADMINISTRATOR SUBJECT: VIDEOTAPING PLANNING COMMISSION MEETINGS DATE: JANUARY 26, 2015 Councilmember Walsh requested an opportunity to discuss whether the City should videotape the Planning Commission meetings. Below is some background information that might be helpful during the discussion: • The camera operator (Daphne) charges $80 per meeting. • The cameras and recording software are "sunk costs" that are paid whether we videotape the Planning Commission meetings or not. • We do not know if Daphne is available to tape the meetings or if we'd need to recruit someone. • The cable fund could support recording their 11 meetings for a total cost of $880 if the Council so chooses. • There is some additional staff time getting the video edited and posted but we have the capacity to do so. • Attached are the latest viewer statistics from our Granicus software to give you an idea of how many residents are utilizing on-demand video service. � � �eal� b 1�1 � -� 1 �/lQ.� Y-�� 1�n�2�r � �- - ------ �� _--- -- -__=_ ---- '�1��«mom�gr.rycm� amv v _ _- --___--__ P•YC,dc�,��.-eaa�n �� ;,, , a,;;i —_—_ ��r�dw. yo..wlo[�v �.�fCnWS Cirydorano p�cv sN' raanuryi 101e-Oeca�On�f 7D1�. 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Archre 95 O�wro CR�`n�in[n Ca�Gte a�1.1ayo(al Forum MNVP 91 ea b�ihe Leaque o/Women Voters(No I.t�nutes i SEp:SV 291G Ca�t�'MeeLrp-Ap1dt��2C1a MtMYe Bt Cp�nfi'�IAPHiN�-�ani5tt�11110 AR.ItlY[ Ri GwrWilnee�ig-,;un23rtl 201i AftIYMC l3 �,�,��ir.i�e�y-a�2nn so�a arcme r,+ ■1.M1 ■ZN couixiiineeting �wla�n'��Gta acMe 60 Ea.�u�v.w.Y 4tlrnrV..wsY CounilM�brq ;an21N2G7d Mc1YYe 5T courcilneee�ing-Fe�totn 2o�e nrtare s5 (.�unv�I11ee0n9 May 12t�.201J AI[Me % COUn[ilMreOrig-(k�l�ln iCt4 MIYM 56 v [q�inClllAr•eling Aug 11111.OtG MMC 36 � _ � —� __—_ "" - - LL _" �I(�M1¢pa r ura�amn ge��c�wn Aeportr O„p f>•4 C i�Grenuus Repahs *�� ) '" '____"'"____'_ " " " __'__' "_____""'"_""""_ _"__"_""�'__,"______—_--_-""__—_"_"________—___ ____"__"---"___ _ �gfOflIG6 Cky d Oian �at�s• .�ypa�wpf ■ � s.��n r�anwryi aa��-oecemov�,mu' MsytlaDahbOaM d�� Y�wv' � VYIV�1 MGUIM T VUrt l..l I ILGI4J HRC VICYYIIV�7 � KMf6a I�wEww1� �+a�w"JMun�e Mr�w*uMIHY� KLI�EDN ��Y�lY7WY • ly/.Y • TOYIVYYRO• G��VO Spet�a��tn tleenmJ Jan 64�2016 lNe tvent 165 N idal AM4H 30Tan Vew50 Gwrci�M2e�ng-qprl4il'��Otb UE¢VBni 81 !'wnfiilAe¢liny SeP9f�.?Ctd LNpp�M� �9 :euMlltAttlirg-�dni3t�2a16 UC[vGtli �5 Gourci�Meel+itg-Fe0281�2011 tJRli011 70 CounilMreliig.May1�1�2414 lweewn� 2/ LOuntil tAeN�ng JUn 9In 20td IJVC[v!M t7 Coun�ilMle¢Yng JUn13ra 201� VRCKnt 13 Courc�IlArveliiq-1u111�n:pta Lwpe�eni 9 Coun[��Me¢I�ilg-�uil&nlpla lAp¢YM1 9 ��r�� Coun[;IMeeling Nov.CN�014 IAECYMI 9 EabmalVewe� MIeTYVCwS� C�urwiiMeeli:g-SeN�2rW 2011 lw�eeveri� 9 CaInC�IIAc�elify Jan2ll�h111 IJMeCwnl { CwrcilMeeUrq FeC101�2074 UVeM'n� � V � . � „y w '—_�_ P•Y C dc,.��.xaom � - _ ---__--__-- �t Wun. .ro.•Maocws. �fO111C16 City d Oroo q�s sN' n ��aruary��ie-occmnr»i0u' NylytlCyD�lIIb01fC dFw� iw�v' WHERE YOUR CITIZENS LIVE A sMwA,g aara ror are bv 1ca uues oan wncn var slle s cene auessea CNy - 1Miqw VhiOon �(i' ~ ` ' �� pfqq 1I8 �SaYeros�� ' MounU B7 � • •�� '� � �„ MNfC8po114 82 "--- . qlaMassen 13 `•^ �• tAYnNmka 15 WBYzale 3p '”' ��E.TS� i%�� GabMl Va1ey 26 a�M�� .� �" � UM[W SfNM Y IM .�> SyMPaW 26 ' _ .. Ryryplll 26 ��" ., �, SL lOUISPBfk 17 n�• .wNr e�. w c.� �—� �•• wwruA�.er—�e�+�.ah�mc� �� 1to10 > � �.10 v�� V — � � �J MEMORANDUM TO: ORONO CITY COUNCIL FROM: JESSICA LOFTUS, CIT'Y ADMINISTRATOR SUBJECT: PUBLIC INPUT AT CITY COUNCIL MEETINGS DATE: JANUARY 26,2015 Councilmember Wa1sh requested an opportunity to discuss public input at City Council meetings. Below is some background information that might be helpful during the discussion: • Some other cities and larger agencies use a formal comment card system for public comment. • For example, the City of Wayzata has the following meeting rules of conduct: o Turn in white card for public forum and blue card for agenda item o Give name and address o Indicate if representing a group o Limit remarks to 3 minutes • Attached is an article titled "Improving Citizen Trust in Local Government". Issue Brief GOVERNING I N S 7 I i U T E Improving Citizen Trust in Local Government How online tools spur communication, improve transparency and boost accountability Like corporatior�s, many local commur�ities are working effective�ob of announcing upcommg meetings Too many to bu�ld pos�tive brands A great brand acts like a magnet, cit�zens simply don't get the message. attracting dynamic businesses, visitors and engaged citizens Manual processes also make it hard and expensive to that make a community thrive. commun�cate w�th citizens Agency staff rriay spend hours One important way to build a community's brand is thro�gh prepanng agendas, minutes and supporting documents �strategy based on tr,�st A city or county that gains a rep��ta- After a rneeting, they spend more time—and money—f�eld- Uon for commun�cat�ons,transparency and accouniab�l�ty— mg requests for those documents and ihen mak�ng cop�es, �.nd for sorving the needs of its businesses and residenls— coliating and dislnbuting lhem w�ll f o�r�sh with c�i��ens who are used to access�ng�nfonnat�on Most elecied officials and government employees want to anyt�me,anywhere on a mobile device help improve constit�ents' hves, and many atilens are eager Legislafive meetings have tradit�onally provided an important to engage wlth them 1 he trick to nurtunng that relat�onship, opporiunity for communities to build irust Citizens who attend without inc�rr�ng undue expense, �s for governments to lhe meetmgs of their council or commissions quickly learn how prov�de tools that streamlme the process.allow�ng employees thc�r government is work�ng on the�r behalf If they're mvested to create and manage legislative information d�gitally and m particular�ssues,cit�zens can make the�r voices heard and share via channels that today's connected citizens are already understand their representatives'posit�on. using—the Web,social media and ema�i However, busy schedules, lack of child care or trans- portat�on, fears about travel�ng after dark and other factors Here's how mun�c�pal�ties can put those channels to work. can keep cit�zens o�t of the legislat�ve process and thwart Advance notice: Uoverni7�ent agenc�es can use email the�r efforts to stay �nformed Add�honally c�tizens who don't and soc�al media to prornote upcoming i7ieetmgs and attend rneetings but want to follow the discussion m,�st ens��re the �nfor��at�on reaches a broad cross sect�on ot the request m�nutes and other documents after the fact When populat�on Govemment employees may also use a special those documents only exist in hard copy, obtaining them can k�nd of software—a legislative management solution—to be slow and cumbersome for the citizen and labor-intensive publish agendas and supporting documents online, with and costly for government Constituents shouldn't have to access available through a public portal. The same portal str,�ggle to�oin the dialogue on issues that affect their lives. can provide information about special boards and com- E3ut too often,that's exactly what happens missions and allow potential volunteers to apply online for For governments to really ga�n trust,opportunit�es for cit�zen seats on those bodies engagement must extend beyond the co�7��7�ents per�od at Online access to meetings:E3y streammg v�deo of p�bl�c publ�c meetmgs G�(y and county of`�c��Is need to prov�de meei�ngs I�ve on the Intemet,a govemment allows anyone to watch modern, cosl-efiective options that increase transparency and lhe proceedmgs from any location,on a comp�ter,tablet or smart- enco�rage citizen partic�pat�on and engagement phone I'eoplc no longer need to travel to City Hall to enyage in the legislative process—technology brings City Hall�o them Communieations and Trust-Building Tools Making and sharing the record:Comprehensive so(t- Governmenls lhat rely on manual processes to manage ware soluf�ons allow clerks to easily capt,�re meetmg minuies and publicize meetings have a hard time build�ng tr,�st among eleclron�cally and index them Viewers can click on an agenda constituents The f�rst problem �s that signs, newspaper item and immed�ately watch that part of the meeting insiead not�ces, bullet�n boards and word of mouth don't do an of scanrnng thro�gh hours of v�deo Through the public portal, any user can enter a search lerm and access relevant video one to co�nt up attendance of elected officials,"Solomon cl�ps,s�pporting documents and records of votes says "Now reporters obtain that informat�on simply by click- ing on the name of any council member. The speed with Gains for Governments and Citizens which the information �s shared,and the level of deta�l provided, �3y implementing tools designed to streamlme these typ�cally Is on a completely different level than before we�mplemented manual processes,and by takmg advantage of popular commu- th�s software" nicahons channels,governments can build closer,more trust�ny Atlas Township, Mich, also has been usmg a legislative relationships w�th c�t�zens while also reduc�ng costs and leav�ng rnanagernent solution s�nce 2013 The system makes �t easy staff with more time to focus on b�siness-cntical activities to assernble and email mfon�ation packets to members of Citizens and local b�smess owners can more eas�ly the board of trustees before meetmgs and create minutes, obta�n �nformation about legislative activities And because says Townsh�p Clerk Tere Onica� �t relles on the Internet,th�s strategy can also help carry a C�t�zens also can v�ew the p�ckets, along w�th resolutions, community's message far beyond its own�urisdiction When contracts and other docurnents related to agenda �tems, publ�c mformation and economic developrnent officials want through the townsh�p's webs�te Once they rece�ve th�s mfor- to convey a sense of the comrnun�ty's character,they can mat�on, at�zens can, and often do, contact elected of ic�als po�nt bus�ness owners developers, convention planners and to ask abo�,t agenda �tems, even before the rneet�ng begins, others to the puhlic port�i On�ca says Because the system indexes all the material it stores,On�ca A Closer View fmds�t easy to respond to requests for archived doc,�ments Here are two examples of cominunities that use legis- lhere's no need tu root around in files,she quickly locates the lat�ve management software and the Internet to �ncrease requested doc�ments�n the system and pr�nts them "It is always transparency and trust better for the public if I don't have to take extra time out of my day Providence, R.I., implemented a legislative management to locate docurnents or charge them for their Freedom of Informa- solution m late 2013.Among many other functions, the soft- hon Act(FOIA)request,"she says.Altematively,citi�ens can go to warc allows the c�ty to upload digital audio recordmgs of city the website to f�nd the documents themselves counc�l comm�ttee meetmgs to a server in the cloud When people can get the�nformation they wanl w�thoui "1 hose recorc�mgs are always accessible on our Open Meot- filliny ouf a form, paying a fee and wait�ng f ve days,they gain mgs f'orlal wilhin a day affer the meeting,and often immediately more trust in their govemment,Onica says "People know you're aflt;r,"says Gry Counc�l�'res�dent M�chael Solomon ' Users can not h�ding anyth�ng when �t�s all out there where they can see�t. access the portal v�a computer,tabiet or mobile phone We are work�ng towards�7�akmg more�nformat�on available and CiUzens interested in meetings sign up to receive the accessible for p,�blic review" same information packets that go to elected c�ty off�aals via C�t�zens today expect conven�ent access to yovernment ema�l In pr�nt form,those packets would have been several E3y�s�ng the Internet and mobile technology to share �nches th�ck C�t�zens can visit the portal to access minutes, �nformation about legislative activities, a community opens attendance and voting records, and audio recordmgs. its inner work�ngs for all citizens to see. As that sense of "In years past,o�r office had to comp�le dozens of sets of openness breeds trust, it becornes a powerful force for paper min�tes for�ournalists who went through thern one by prosperity and growtn Endnotes , ,� �� r ,r� , �:�,�„, , � �„ r � i, „ � . ':, � .�i��,'i .�t ?,�� . , .. ' ' . . � �,i� � L- . .. 14 Underwrittenby: .ri_,-_ . �el�aJi ,,.;rn. l.�i �r. �� ,i ��,�r��nt� ,.t ,� !-,� .,,ri �rr,:nt :��.r�;35 I��ttnin�,n'tw,3i�. I' ._��t,. .� �i, lrrr;'ila�i�;�;ti i f�irv�ri �, i � 4�in � , r ,'"'t 'itd �ni!��t'v �'�itr,tr��)-rd_'i �';� , ��i r� ii� t,, �.I . ,,;i ,. ., � i ��' ��frl�� rt, , . �,��i , .r.!r � ,;,i;.i �— i .�t, r, ,�i. � '� . " if , ,. „ i5 i �Il�i I i. .�I ii:� �,� .�r ! t „�.� r' -. .. � , � ii, `fln3'i�li,�� , ��• � Acce a i�� i i� i � � ,.�_ ,r4 �l��i i��l il'.',1 tiC� ' ;.i � i i. . , b� i., I ' � ,. " � , r',, �F': . , I�.,.� '�� -, ,1., ,�; � ,�r.'.[',,, f':� , , , ! .., . �)2p14 e.Repubha All rights reserved. - 7 MEMORANDUM January 26, 2015 Work Session To: Mayor& Council Jessica Loftus, City Administrator From: Mike Gaffron, Senior Planner Date: January 23, 2015 Subject: Update on Code Amendments The attached table provides a brief update on the status of code amendments discussed and prioritized in November 2014. The table is in three groupings: - Pages 1 through 3 reflect the amendments reviewed by the Planning Commission and voted on following the January public hearings. 5 of the 7 listed will be on the January 26th agenda for Council consideration. - Pages 4 through 6 reflect the amendments to be reviewed by the City Council at the February 9tn meeting; no planning commission public hearing is required. - Pages 7 through 10 reflect the City Code Sections which will require discussion by the City Council for the development of new/amended language. . Zoning Ordinance & City Code Review 2015 _ The amendments are shown in �`-`�R��and underline format. Pages 1 through 3 reflect the amendments reviewed by the Planning Commission and voted on following the January public hearings. 5 of the 7 listed will be on the January 26"'agenda for Council consideration. Filg Ci�,y Code Current Language&Pror�osed Chanaes Summarv of Chanae/Comments Pri ri Number; Section Li No. #14-3700 78-1379 Sec. 78-1379. - Alternative energy systems. Modifies prohibition of SWECS by creating 20 (� Wind energy conversion systems. Wind energy conversion systems are not an allowed use or structure within any zoning districts in the city. standards for permitting as accessory uses in communiry. (Current Language shown) Final Draft to be on February 9"'Council agenda. Approved 6-0 � PC 01/20/15 #15-3705 ARTICLE IV DISTRICT REGULATIONS Eliminates unused zoning district categories 23 DIVISION 7 RR-1B-1 ONE-FAMILY RURAL RESIDENTIAL DISTRICT from code. DIVISION 8 M-6 MULTIPLE-FAMILY PLANNED RESIDENTIAL DISTRICT (Full Delete of entire sections) Approved 6-0 � PC 01/20/15 To C. 1/26 #15-3706 78-1211 Shoreland Related Definitions. Clarifies definition - remains consistent with 33 state shoreland rules and Orono's historical Blufi; toe of the, means the lower point of a the lowest fiftv (50) foot segment with an average slope exceeding 18 percent. If the lowest such point consistent ordinance administration. is lakeward of the OHWL the OHWL will be defined as the toe Approved 6-0 � PC 01/20/15 To C. 1/26 #15-3707 78-1405 Nonencroachments. Clarifies language pertaining to permit 28 (a) The following shall not be considered to be encroachments on yard setback requirements: restrictions for retaining walls which cannot be (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment closer than five feet from any side or rear lot except as otherwise regulated. No accessory structure shall be closer than five feet from a rear lot line. line, nor located within an easement. (5.1) No retaining wall of any height shall be located closer than 5 feet from any side or rear property line, never fewer than ten feet from Approved 5-1 � PC 01/20/15 To C. 1/26 the edge of the traveled roadway, or placed within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency. #15-3708 78-1405 Nonencroachments. Clarifies applied definition of maximum fence 36 (a)The following shall not be considered to be encroachments on yard setback requirements: height for riparian shoreland lots and establishes (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the following standards. For the minimum material permanence criteria. purposes of this section, the term fence height shall mean the measurement from the top of an�part of the fence, including vertical TABLED 6-0 � PC 01/20/15 structural supports, lattice, ornate top design elements! and so forth to a vertical point directly below the top of an existin�qrade on the ro e a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. b. Lakeshore lots. 1. Fences within the required street(rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard, or rear yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line shall not exceed 42 inches in height. The term "average lakeshore setback line" means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. Updated 1/23/15 Page 1 of 10 _ Zoning Ordinance & City Code Review 2015 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. c. Specialprovisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above original grade. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencinq materials shall consist of permanent all weather products. Temporary fencing improvements which normally consist of materials such as snow fencing, silt fence, bioretention logs or other types of products normally associated with construction projects shall not be allowed to remain on the property following final inspection or issuance of a CO for a permitted construction project, or protection of property during a similar project or winter conditions. Such temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. #15-3709 78-1001 Sec. 78-1001. - Authorization. Adds the Navarre Area into eligibility for mixed 6 Planned unit development authorization may allow: use PUD's similar to that allowed for the Wayzata Boulevard corridor. (6)Applicability. Utilization of this zoning district is limited to the Highway 12 Corridor as set forth in the city's comprehensive plan amendment #2, adopted May 23, 1988; and the Navarre Area as set forth in the City of Orono Community Management Plan adopted September 13, 2010. Approved 6-0� PC 01/20/15 To C. 1/26 #15-3710 78-967 Subdivision II. - Land Alteration 5 &37 Exception. Establishes new standards &streamlines (a)The requirements of section 78-966 are not intended to govern the following land alteration activities: administrative zoning permit approvals for (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such grading in the 0-75 ft. lakeshore setback for building. things like in-ground stairways, ice ridge (2) Any earth movement less than 500 cubic yards which does not adversely impact the existing drainage. corrections, landscaping, etc. (3) Grading, filling or excavating of fi 50 te�►cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. Approved 6-0 !� PC 01/20/15 To C. 1/26 (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (1)All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (c)The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. 78-1286 Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than fi 50 �cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in Section 78-1217. c Public and rivate roads drivewa s arkin areas and ublic or rivate watercraft access ram s shall not be constructed within 75 feet of the Updated i/23/15 Page 2 of 10 _ Zoning Ordinance & City Code Review 2015 ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: � For movement of up to fifty (50) cubic yards of material within seventy five (75) feet of public waters as per item (b� above, a staff- issued land alteration permit shall be required. (2-�) For movement of between fifty one (51) e�e through 500 cubic yards of material anywhere within the Shoreland Overlay District e, xcept for within seventy five (75) feet of public waters, a staff-issued land alteration permit shall be required. (3�) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. Notes: Updated 1/23/15 Page 3 of 10 � Zoning Ordinance & City Code Review 2015 Pages 4 through 6 reflect the amendments to be reviewed by the City Council at the February 9�' meeting; no planning commission public hearing is required. File Citv Code Current Languaae&Pronosed Changes Summarv of Chanae/Comments Priori Number: S ction Li t No. #15-3711 86-66 Construction Permit Clarifies permit requirements and modifies 25 (Doesn't Required. updated full survey requirements for minor require � permits Required. building and site grading permits by allowing a Planning It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or site plan. Commissio any part or portion, including but not limited to the general construction, plumbing, vaa�er--vael�on-site sewage treatment system, wood stoves n Hearing and fireplaces, ventilating, heating or air conditioning systems, or cause such work to be done, without first obtaining a separate building, se tic PC supported modifying the requirements or si n or general permit for each such building, structure or separate component from the city. to allow a site plan when an existing Recommen survey is on file for small additions, decks, d) � Zoning Permit for Landscaping, grading work, etc. They felt it was very If a landscapingplan is not submitted with the survey or site plan and incorporated as part of the building permit approval, including the name �mportant, however,to make sure the of the landscape contractor, then a separate zoning permit application shall be submitted by the landscaping contractor prior to performing any language does not allow this for new landscapinq work on a propertx, including, qrading�patios and retaining walls. The zoning permit for landscaping shall be reviewed and homes or complete reconstructs. approved by the city prior to issuance of a permit. Permit application; information required. a)The application for a construction permit shall include such information as may be required by the city, which may vary between types of construction projects. 86-68 �b) Surveys or site plan required: (Not w/in Zoning (1) Initialsurvey orsite plan. Any building or general permit application for construction of a new structure or expansion of an existing Code. structure shall be accompanied by a certificate of survey or site plan drawn to scale prepared by a person registered by the Minnesota Doesn't Board of Architecture, Engineering, Land Surveying, Landscape Architecture, and Interior Design, unless specifically exempted by the citv. require PC An initial certificate of survey shall be required for new home construction or sites with a complete reconstruction of a structure. A Hearing) certificate of survey or site plan shall conform to the City of Orono Survey or Site Plan Requirements. ^}��'��'� �� "� :� '�"� �� F�"� �+Id't�g--ef�teial. #15-3712 DIVISION 2 CONSTRUCTION PERMIT Clarifies language for exterior building 29 86-70 Sec. 86-70. - Permit expiration. completion based upon legal precedent. (Not w/in (a) Notwithstanding continuing or ongoing work, any building permit issued by the city shall expire and by limitation be null and void and shall Zoning require issuance of a new permit and payment of half the original permit fee if a certificate of occupancy and final completion has not been PC was supportive of the revision Code. issued within the following length of time after the date of permit issuance, which new permit and fee shall be necessary to reimburse the city Doesn't for ongoing and more than normal number and cost of inspection services: require PC (1) Single-family residential dwellings, including new construction, remodeling or additions, 24 months. Hearing) �2� Accessory buildings on single-family residential properties, 12 months. (3) All multifamily and nonresidential construction, 24 months, except when a longer time is authorized by the council at the time the original permit is issued. (b) Notwithstanding continuing or ongoing work nor issuance of new or extended permits, all exterior work authorized by a buildingpermit issued in accordance with the State Building Code shall be completed within twelve (12) months following issuance of the building permit. : In addition, {�-j no land shall remain disturbed and exposed without established grass or other ground cover according to the approved grading and landscapingplans for a-pe�'��,�-��the same twelve (12) month eriod. . , , , , � 1 7 .... ..�L..- ..f�4... ..F...+..F.. ....F.-....Fi.... (c) Failure to complete such exterior construction and arading/landscaping improvements shall result in the expiration sas�eRsie�of the existing permit. . , Updated 1/23/15 Page 4 of 10 � Zoning Ordinance & City Code Review 2015 . This does not release the permittee from making appropriate life safety corrections nor negate other building code requirements. #15-3713 ARTICLE II ON-SITE SEWAGE DISPOSAL Modifies minimum septic pumping intervals 35 Divisions General &Administration (Subject to further review &analysis by staff for consistency with minimum Hennepin County Standards where documented and approved septic tank 1 & 2 and local jurisdictional discretionary options) sludge levels are below the required 3 year pumping requirement. 58-51 System operation, use and maintenance. (Not w/in (d) System maintenance. All owners using or controlling the use of any ISTS shall perform the following maintenance functions: Zoning (1) System location. A diagram shall be prepared and thereafter kept on the property showing location of the ISTS, including the sewage Code. tanks, distribution boxes and soil treatment area, pump station, sewer line, water well and location of septic alarm in residence. Review of current septic requirements where Doesn't local options exist in accordance with mandated (2) Annual inspection. It is the responsibility of the homeowner to monitor the condition of the ISTS serving the property on a regular basis require PC and ensure that the ISTS is functioning properly. Whenever existing sewage tanks are not provided with inspection pipes, the owner of such state requirements for minimum county Hearing) standards may also require further changes. tank shall install inspection pipes within 12 months of the effective date of the ordinance from which this article is derived. At the same time that the septic tank is opened for inspection, each distribution box shall be opened and any accumu►ated solids shall be placed in the septic This portion of the review will be completed tank for treatment. with the next round of changes. (3) Regu/ar pumping. Sewage tanks and/or holding tanks shall be regularly pumped of septage as provided by this article. , . , , , , �� (e) Sewage tank and holding tank pumping. It is unlawful for any person to pump or remove any septage (liquids or solids) from any sewage tank or holding tank without complying with the requirements of this article. (1) Required pumping.The owner of each sewage tank or holding tank shall cause such tank to be pumped for the removal of septage when required by one or more of the following provisions: a. Sludge buildup. Sewage tanks shall be pumped whenever measurement of the tank indicates that the top of the sludge layer in the tank or any compartment thereof is less than 12 inches below the bottom of the outlet device, or the floating solids layer is less than three inches from the bottom of the outlet device. b. Maintenance pumping. No sewage tank shall remain in service without being pumped at least once every three years. As an alternate to pumping on a three (3 vear cycle the �roperty owner may request approval of a one (� vear extension by the onsite septic manager. An extension may be approved when the property owner provides a written report by a certified MPCA licensed pumper/maintainer verifying the septic tanks upon the property does not contain a sludge layer in the tanks, or any compartment thereof, which is less than thirt rL(30) inches below the bottom of the outlet device. � Each existing septic tank shall be pumped at least once within 36 months of the effective date of the ordinance from which this article is derived and thereafter at least once within 36 months of each succeeding pumping, unless an extension is approved. In order to be considered a maintenance pumpout, the manhole or cover section (20-inch diameter minimum) must be removed to allow the complete extraction of the solid materials within the sewage tank. The contractor must also determine whether the tanks are watertight and report this information on the pumpout notification. Failure to adhere to these requirements will result in the city's rejection of the pumpout notification as a bona fide maintenance pumpout. c. System failure. A noncompliant ISTS discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. d. Holding tanks. Holding tanks, where permittedF shall be pumped on a regular basis and in all cases shall be pumped before overflowing occurs. All new holding tank installations will require review by the onsite septic manager. Holding tanks shall be provided with a sight and sound alarm to warn of possible overflow. Holding tanks may only be permitted by the onsite septic manaaer when no other feasible location exists on a site. Such approval may be referred to the City Council by the onsite septic manager. Infrequency of usage and cost of drain field improvements shall not constitute reasons for infeasibilitv. (2) Contractor required. All sewage and holding tank pumping shall be performed by licensed contractors. (3) Off-srte disposalrequired. All septage removed from sewage tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in a sanitary location and manner according to the requirements of the Metropolitan Council. (4) Registration required. Each pumping of every sewage tank and holding tank shall be registered with the city on forms provided for that ur ose, within 30 da s of the um in . The contractor shall certi to the ci the owners of the ro e , ro e address, date of Updated 1/23/15 Page 5 of 10 � Zoning Ordinance & City Code Review 2015 pumping, gallons removed and location of sanitary disposal. Failure to register any pumping with the city may result in the city inspection report's classifying the ISTS as noncompliant. #15-3714 14-142 Wellhead Protection - New Private Wells Prohibited. Prohibits new private wells from being installed 40(a) (Not w/in � The owners of all buildings where a public water supply is available, or becomes available, shall connect the buildings to the public water where a public water supply service is available. Zoning supplv, subject to the following conditions: Code. 1. A private property with a functionin4 well will not be required to be connected to the city water until the well becomes nonfunctioning or the Doesn't building undergoes major remodeling resulting in an increase in water use that exceeds the capacity of the well. require PC 2 Where it is not feasible to connect to a public water supply, or if private on-site water supplementation is required as determined by the Citv Hearing) of Orono, a well may be drilled in accordance with the specifications and provisions of the Minnesota Department of Health, Water Well Construction Code. lB) At the time connection to the public water supply is completed, all existing private wells no longer in use shall be sealed by a licensed well contractor according to the Rules of the Minnesota De�artment of Health. #15-3715 Sec. 14- Service pipes. Changes responsibility for repair of private 40(b) 134 Every service pipe must be laid in such manner as to prevent rupture by settlement.The service pipe shall be placed not less than seven feet below water line breaks on land owner's property from (Not w/in the surface in all cases so arranged as to prevent rupture and stoppage by freezing. It is the responsibility of the property owner or building the city to the land owner. Also provides Zoning occupant to repair frozen service �ipes between the curb stop into the house or other buildinc� consistency with Section 14-138 concerning Code. . Service pipes must extend from the curb stops to the inside of the building, or if not taken into a repair of leaks. Doesn't building then to the hydrant or other fixtures which they are intended to supply. A valve the same size as the service pipe shall be placed close to the require PC inside wall of the building, ahead of the meter and well protected from freezing. Joints on copper tubing shall be flared and kept to a minimum. Not Hearing) more than one joint shall be used for a service up to 70 feet in length. All service pipes, including joints, shall be left uncovered until inspected. Minimum size connection with the water mains shall be three-fourths inch in diameter.The stren th of all i es shall be as rescribed b the ci . Notes• Updated 1/23/15 Page 6 of 10 � Zoning Ordinance & City Code Review 2015 Pages 7 through 10 reflect the City Code Sections which will require discussion by the City Council for the development of new/amended language. Filg i C de Current Lanaua4e&Pronosed Changes Summarv of Change/Comments Priori Number: i n Lis No. 14-281 Subdivision IV. - Stormwater Trunk Fee Modify standards for how new 15 through development/redevelopment storm water fees 14-287 Sec. 14-281. - Statutory authority. are calculated. Minn. Stat. § 444.075 authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities (charges). By this subdivision, the city elects to exercise such authority. Staff recommendations as to possible Sec. 14-282. - Findings and determinations. options are currently being devefoped for In providing for such charges, the findings and determinations set out in this section are made. Council consideration in February/March. (1) In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the city has constructed, operated and maintained a storm sewer system (the system). This subdivision is adopted in the further exercise of such authority and for the same purpose. (2) The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this subdivision. (3) Development or redevelopment of land changes the characteristics of the stormwater runoff from the property and results in the need for improved stormwater facilities, and also increases the demand on the stormwater system, which results in greater maintenance and operational costs of the system. (4) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the city and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the acreage of land to be developed or redeveloped. (5) Assigning costs and making charges based upon expected typical stormwater runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this subdivision undertake to establish a reasonable and practicable methodology for making such charges. Sec. 14-283. - Rates and charges. (a) Establishing. The stormwater trunk fee charges, for various land uses, shall be included in the city fee schedule and shall be changed as necessary by resolution of the council. (b) Determination, The city has developed a surface water management plan that includes design criteria for stormwater systems and preliminary design information for a comprehensive stormwater system in the city. In general, stormwater trunk fees are calculated by dividing the total cost of system construction, by the number of developable acres the system will serve. The appropriate base trunk fee per acre, to be used on a citywide basis, shall be determined as necessary using this methodology. (c) Acreage equivalency factors. Recognizing that different types of land use generate different amounts of stormwater runoff, an equivalency factor multiplier is assigned to each land use type. The two-acre residential lot is considered as the standard in the city, because a large percentage of the land in the city is zoned for two-acre single-family residential land use. The two-acre single-family residential lot will be assigned an equivalency factor of 1.0. The table below lists the equivalency factors for different land uses. These equivalency factors will be applied to the base trunk fee per acre. Updated 1/23/15 Page 7 of 10 � Zoning Ordinance & City Code Review 2015 �Land Use Equivalency i Factor j Single-Family Residential 5-Acre Zonel Z 0.8 Single-Family Residential 2-Acre Zone3 1.0 I Single-Family Residential 1-Acre Zone 1.3 �Single-Family Residential �/2-Acre Zone 1.5 ;Multifamily Residential 4 Units/Acre or Less 1.8 i Multifamily Residential Greater than 4 Units/Acre 2.1 �Commercial or Industrial 2.4 1 Buffer easement reduction. For the five-acre zoning district, a reduction of up to 50 pe�cent of the trunk fee fo�the/ot wi//be a//owed fo�the percentage of the lot protected by perimeter and/or drainageway buffer easements. These buffer easement areas shall remain in a natural condition. Z Maximum fee. For the five-ac�e zoning district, any lot exceeding 7.0 gross acres, including wetland, shall be charged a maximum trunk fee equa/to the trunk fee for a 7.0 acre parce% Such lot shall remain eligible for the up to 50 percent reduction noted in footnote 1, such reduction based on the percentage of 7.0 acres that is placed in buffer easements. 3 Maximum fee. For the two-acre zoning districts, any lot exceeding 4.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk Fee for a 4.0 acre parce% (d) Payment. All applicable stormwater trunk fee charges set forth in this subdivision shall be paid in full before any building or land alteration permits are issued for the project. Sec. 14-284. - New development projects. New development projects shall pay the base trunk fee per acre of land developed adjusted using the appropriate land use equivalency factor as set forth in this subdivision. Sec. 14-285. - Redevelopment projects. Redevelopment projects shall be defined for the purposes of this subdivision as any project to either remove and replace existing structures or to enlarge existing structures. These projects will be charged a portion of the base trunk fee adjusted for the area of expansion of impervious surface above the existing conditions. The table below lists the percentage of the acreage base trunk fee based on the area of impervious surface expansion and adjusted for the type of land use. The trunk fee shall be determined by multiplying the appropriate fee by the acreage of the development site. Area of Residential Commercial or Impervious Development Industrial Surface 2-Acre Commercial/ Expansion Single-Family Industrial Base (square feet) Residential Base Trunk Fee/Acre Trunk Fee/Acre(%) (%) �0-1,000 35 35 1,000-2,000 70 70 More than 2,000 100 100 Sec. 14-286. - Responsibility to supply information. The owner, occupant or person in charge of the property subject to this subdivision shall supply the city with such information as the city may reasonably request related to the use, development and area of the property. Willful failure to provide such information or to falsify such information is a violation of this subdivision. Sec. 14-287. - Ad'ustment of char es. Updated 1/23/15 Page 8 of 10 ' Zoning Ordinance & City Code Review 2015 The intent of the stormwater trunk fee is to provide funding for improvements to the stormwater system as the result of development in the city. Current regulations require property owners to provide stormwater treatment for the stormwater from the development property. The city reserves the right to develop policies to provide stormwater trunk fee credits for stormwater improvements on developing properties that provide additional treatment benefits be ond what is re uired to treat the stormwater runoff from the develo ment site. DIVISION 4 SIGNS Modify standards, duration and permit 17 Signs as accessory use. requirements for temporary signage and 78-1466 Signs are a permitted accessory use in all districts subject to the following regulations: provides allowances for special event sign (8) Temporary signs, permit provisions on an annual recurrent basis. a. There shall be no more than four temporary business signs issued per calendar year, and for a period of not more than ten days per time or Other aspects of the regulations should be of the duration of the event promoted by the sign message, whichever is less. The sign (including banners or balloons), sign supports or updated to remove all content based provisions portable stand shall be removed from public view at the end of the period. Total area of the sign shall not exceed 32 square feet per surface from the ordinance. (64 square feet total signage allowed for two-sided portable sign). Advertising balloons are not subject to area restrictions but must meet all applicable federal and state standards. No changes proposed yet. The PC did not b. There shall be no more than one temporary sign in any required yard area, and, if separate multiple signs are proposed, the total area of the feel strongly about the need for changes, signs shall not exceed 32 square feet. Temporary business signs require a building permit from the city. No such permit shall be issued by or what issues were being encountered; the city if a conditional use permit under section 78-1467(1)c has been issued to a residential property. No temporary sign shall be allowed but suggested that the standards should in residential zones unless permitted as election or sale signs under this section. Multitenant buildings shall be considered as a single not be relaxed in any way to avoid a properry for purposes of subsection (8) of this section; and the use of the single temporary business sign by tenants on the property shall be cluttered sign appearance in the the responsibility of the property owner or designated manager, who shall endorse in writing all applications for sign permits. community. A concern about the amount of staff time or priority that can be c. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance and devoted to more proactive enforcement removal of the sign. All temporary signs shall be located on a property so that they do not impede safety by obstructing vision of pedestrians Was noted. or motor vehicle operators. d. The city may, without notice, remove any temporary sign erected in violation of this section or any other federal, state, or local law or ordinance. Any signs not claimed within 30 days after removal may be destroyed by the city. DIVISION 2 NONCONFORMING USES AND RELATED MATTERS Provide standards for substandard existing lots 30 Nonconforming structures and uses. See attached memo outlining issue and options the city can pursue in light of the permissive of record consistent with updated state Sec. 78-72 language contained in state statute. shoreland regulations. Lots of record. (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal Recreational district, and any of the LR- No changes proposed yet. PC did not Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following provide a clear sense of direction and felt regulations: that the Council was the appropriate body (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: to provide this direction. a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and c. 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. d. All other zoning district standards can be met. (2) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: a. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; and c. Impervious surface coverage must meet all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover must not exceed 25 percent of the entire lot area; and d. Development of the lot must be consistent with the comprehensive plan. (3) A lot subject to either subsections 78-72(c)(1) or(2) remains subject to the hardcover restrictions of this chapter, as follows: a. Where the hardcover s uare foota e allotment as calculated based on the assi ned tier exceeds 25 ercent of the entire lot area Updated 1/23/15 Page 9 of 10 ` Zoning Ordinance & City Code Review 2015 hardcover shall be limited to 25 percent of the entire lot area. b. No portion of the impervious surface square footage allowed shall be placed within in 75 feet of a lake OHWL or tributary bank, except for those items normally allowed in such location as regulated elsewhere in this chapter. (4) A lot subject to subsection 78-72(c)(2) not meeting the requirements of subsection 78-72(c)(2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (5) Notwithstanding subsection 78-72(c)(2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (6) In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, stormwater runoff management, reduction of impervious surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. 78-1279 Placement of structures on lots. Discuss and consider changes to average 2 lakeshore setback requirements for unique non- (6) Average/akeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the typical situations. shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average No changes supported by PC at this time. lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent Each case for variance is a unique non- lakeshore lots. typical situation. PC recommends use of a. In instances where the average lakeshore setback cannot be met, administrative approval may be granted at the discretion of the planning the`180 degree angle view'as a policy director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. criteria basis in the review of variances. Item possibly to be removed from the list followin discussion b Council. Notes: Updated 1/23/15 Page 10 of 10 U MEMORANDUM January 26, 2015 Work Session To: Mayor& Council Jessica Loftus, City Administr or From: Mike Gaffron, Senior Planner Date: January 22, 2015 Subject: Whalen Property Easement/A cess Issue Summary: The City is in receipt of a letter from Jim and Jean Whalen regarding their inability to gain access to their vacant property west of the Jacobs Mill subdivision. Attachments: A-Whalen Letter dated January 8, 2015 B -Whalen Letter to Planning Commission dated December 9, 2014 C - Charles Cudd Co. December 8, 2014 Request to Delay Council Sketch Plan Review D - Staff Memo to Council re Roden Property Sketch Plan December 2, 2014 E - November 24, 2014 Charles Cudd Co. Letter to Whalen re Access Offer F - Sketch of Cudd Sketch Plan Showing Proposed Access for Whalen G - Staff sketch showing possible options for investigation H -Additional Items of Correspondence I - Jacobs Mill Road Easement Document For Discussion: The Whalen's have been attempting for more than a year to gain access to their property in order to market it as a building site. The property is located west of Jacobs Mill Road and separated from Orchard Park Road by existing homestead lots created 100 years ago. The parcel abuts undeveloped rights-of-way, all of which are situated so as to have significant issues with their ability to serve as an access for the Whalens. Staff have met with the Whalen's on numerous occasions over the past year, and did provide them a sketch depicting potential options to consider. None have come to fruition for various reasons, including: - Jacobs Mill HOA refusing to grant access to Whalen over Jacobs Mill Road, and an easement over that private road that requires payment to the road owners if access to the west is developed - MnDOT & Hennepin County refusing to grant access to County Road 6 due to topography and existing roadway configurations - Topographic issues such as wetland and creeks, as well as long distance that make development within the existing right-of way corridors impossible or financially prohibitive - Inability to reach an agreement with Charles Cudd Co on access thru Roden property (in part due to Cudd reluctance to develop site due to various factors including Stormwater Fee) The recent January 8 letter from the Whalen's suggests they want the City to pressure Hennepin County to grant approval for a driveway to CR 6. I have asked Soren to be present at the work session for discussion on this item January 8, 2015 R �i Orono Ci Council FC�� 2750 Kelley Parkway �4N j� F� �0 Orono, MN 55356 c��'o,�o � R�NO Greetings: Unfortunately, the potenfial solution for access to our lots in Orchard Park has not occurred, and we are left with land-locked, potentially useless property. We had previously presented a request to Hennepin County for a driveway permit from County Road 6. This permit was prepared by Mark Gronberg, and it is our understanding that it met all the design requirements. Hennepin County has denied the request based on the fact that it was adjacent to the median divider and suggested we try to find an alternafive access. That solution has proven to be unavailable. If the denial of access stands, the only remaining solution will be litigation against Hennepin County, City of Orono and the State of Minnesota for damages. It appears from the response received from Hennepin County that the denial of a driveway access was a close call as the actual design by Mark Gronberg met all of the requirements except for sight lines related to County Road 6. This access would serve one residential unit under Orono's current zoning requirement and as a result, the usage of this driveway would be minimal. Prior to starting lifigation, which could be costly to us, the City of Orono and the other parties, it might be worth the effort for the City to work directly with Hennepin County to secure the approval of access to our property in accordance with the plans prepared by Mark Gronberg. The added pressure from the City may be effective in securing the issuance of the driveway permit. We will gladly work hand-in-hand with the City in this matter and, if successful, we can resolve this issue of access without the necessity of litigafion. We would like to express our appreciafion to the Mayor for her involvement in helping us find a solution. Si er,�ly, �� n�� .-�Y��Z�� ' and Jean Whalen CC: Mayor Lili McMillan g December 9, 2014 To: City of Orono Planning Commission From: Jim and Jean Whalen Subject: Landlocked Acreage: Lots 3 and 4 Orchard Park We have no issue with the vacation of the platted public road along the east side of Orchard Park plat provided we have deeded permanent and unrestricted access over the proposed public or private road from Orchard Park Road to the south boundary line of Lot 4 Orchard Park. We would be open to entering into a joint maintenance and use agreement. We believe any approval of the Robert Roden proposal should be conditioned on the execution of a permanent easement of ingress and egress and an acceptable maintenance agreement between the owners of Lots 5, 6, 7, 8, 9 and part of 10 Orchard Park and us, the owners of Lots 3 and 4 Orchard Park. Thank you for giving consideration to these matters. � � V1�� t � c J Mike Gaffron From: Mike Gaffron Sent: Monday, December 08, 2014 9:25 AM To: 'Rick Denman' Cc: John Murphy Subject: RE: Packet for Monday's City Council Meeting Rick - Will remove your sketch plan from tonight's agenda as requested. Let me know when you wish to reschedule. Next Council meeting is Monday, January 12, 2015. Mike Michael P. Gaffron Senior Planner City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crystal Bay , MN 55323 Phone: (952) 249-4622 Fax: (952) 249-4616 -----Original Message----- From: Rick Denman [mailto:RDenman�acharlescudd.com] Sent: Saturday, December 06, 2014 8:35 AM To: Mike Gaffron Cc: 7ohn Murphy Subject: Re: Packet for Monday's City Council Meeting Mike, I would like you to please remove us from the agenda. It looks like Whalen is not interested in sharing any cost for the infrastructure that would provide access. I need to regroup and re- evaluate. Thanks for your help. Sent from my iPhone > On Dec 5, 2014, at 3:21 PM, "Mike Gaffron" <MGaffron�aci.orono.mn.us> wrote: > > Rick - > Attached is a copy of the packet for Monday's meeting, along with a copy of the agenda. Note the 6:30 start time. > Mike > > > Michael P. Gaffron > Senior Planner > City of Orono > (Street Address) 2750 Kelley Parkway > (Mailing Address) P.O. Box 66, Crystal Bay , MN 55323 > Phone: (952) 249-4622 > Fax: (952) 249-4616 > > > <Item 14 143701.pdf> > <Council Agenda 12-08-14 630 pm start time.pdf> 1 .. fl Date Application Received: 10/31/14 Date Application Considered as Complete: 10/31/14 �' �A ► 60-Day Review Period Expires: NA 2''� `� � �,�,� `CS � v �� ' �� K�`� ��► .� ,�P �Q REQUEST FOR COUNCIL ACTION � Date: December 2, 2014 Item No.: �c� / Department Approval: Administrator Approval: Agenda Section: Name: Michael P.Gaf&on Planning Dept. Title: Senior Planner Item Description: 14-3701 Rick Denman of Charles Cudd DeNovo o/b/o Robert Roden, 460 Orchard Park Road- Sketch Plan Review Zoning District: RR-lA, One Family Rural Residential District(5 acres/300' width) Property Area: 23.08 acres including existing r-o-w proposed to be vacated Application Summary: This is a sketch plan for a 23-acre parcel proposed to be divided into 3 single-family residential lots. All 3 of the lots would be served by a new private road with cul- de-sac extending easterly from Orchard Park Road. All lots would be served by on-site sewage treatment systems and private wells. Planning Commission Recommendation: Planning Commission reviewed the sketch plan at its November 17 meeting and took no formal action. The adjacent property owner to the immediate north, James Whalen, was present in support of the proposed development as it potentially resolves the lack of suitable access to his property. Staff Recommendation: While no formal action is required, Council should review the Planning Commission memo and attachments which will serve as a foundation for Council's discussion with the applicant to identify any potential issues to be addressed when the formal Preliminary Plat application is submitted. List of Ezhibits ExhibitA. Draft PC Minutes of 11/17/14 Exhibit B. PC Memo and E�ibits dated 11/13/14 Please review the Planning Commission memo and exhibits and the draft PC minutes of November 17 for background on the proposed development. This sketch plan for a 3-lot subdivision is fairly straightforward. Council is asked to consider the following and provide applicants with as much direction as possible: 1) Access to the adjacent Whalen property is proposed via a 30' wide corridor, such that Whalen property acts as a back lot that is not part of the subdivision. Should provision of access to the Whalen property be required of this development? Are there any better alternatives for Whalen access? 14-3701 December 2,2014 Page 2 2) Does Council have any issues with vacating portions of the platted, undeveloped right-of- way along the east boundary of the property? 3) Does Council have any issues with the width variances associated with the lots abutting the cul-de-sac? 4) Are there other factors, issues or topics that should be discussed regarding the applicants' proposal? 5) The developer has questioned the magnitude of the Storm Water and Drainage Trunk (SW&DT) Fee. Due to the large size lots, the need for stormwater improvements is likely to be minimal. The subdivision will be subject to the SW&DT Fee per the 2014 Fee Schedule at $3,075 per acre with approximately 20 calculable acres;the resulting fee would be approximately $61,000 or just over$20,000 per lot. This fee may be reduced up to 50% based on the percentage of the acreage placed in conservation easements. Staff would note that the SW&DT Fee structure is currently undergoing staff review and will be discussed by Planning Commission and/or Council in the near future. Staff Recommendation The goal of this review is to provide the developer with an overview of the pertinent City ordinances and how they affect the proposed plat, and to discuss the strengths and weaknesses of the proposal. During the sketch plan review, the developer should advise whether any of the issues noted present particular problems, so that those issues can be discussed and the potential for approval or denial of variances as well as the associated development fees can be addressed by the Council. COUNCIL ACTION REQUESTED Review the sketch plan and advise the applicant on whether there are specific concerns about the proposal and whether a formal application might be successful. � r C � From: Rick Denman <RDenman@charlescudd.com> Subject: FW: Orono Property Date: November 24, 2014 1 :36:27 PM CST To: "jim@campgoodnews.info" <jim@campgoodnews.info> Cc: "John Murphy (John@johnmurphyhomes.com)" <.John@johnmurphyhomes.com> Jim----It was a pleasure meeting you and your wife last week at the Orono Planning Commission meeting. As you know we are trying hard to figure out how to make the neighborhood work for the Roden property as well as get a good option for access to your property to the north. Since that meeting I have been working on securing the cost estimates to find out what the road and driveway costs are for the layout that you saw at the meeting. In order to make the numbers work for this project I will need to ask for your assistance to help cover your fair share of the actual costs of �/4 of the street and '/2 of the shared driveway that runs north from the cul de sac to your property. I am allocating the street costs equally between our 3 lots plus your 4th lot so '/4 of the cost each and I am allocating the driveway costs to our north lot and your lot so a 50/50 split on the shared north driveway to your property. It looks like your share for the street costs would run 1/4 of $117k or $29,000 and your 1/2 share of the driveway would run �/2 of $38k or $19k so your total share for both would be approximately $48k. We could have an agreement that you pay your portion of the above shared costs for the street and driveway at the closing of the future sale of your property. Therefore you would not have any upfront costs for us to install the street and driveway. If you would like, we could also explore purchasing your property if the numbers work. Please let me know if this concept sounds reasonable to you so we can decide whether to proceed or not with the approval process for the Roden property. Call or e-mail me anytime to discuss. Thanks, rick Rick Denman Principal Charles Cudd Co. 15050 23rd Ave North ' ' i � � F I � 1 - �.�—� w�,��a� �� . � � i i 13 � 4 � S 89°39'45"E 631.18 � Lot 3 � 12 5 � EOGE OF OELIIEAiED WERAND (��pi f0 � O � � M O O O Z 11 6 � W O N Z N r O O S 89'23'00"E 454.91 v� � 8 z 177.07 � 10 7 � Lot 1 °�°¢W�"�° ° . Lot 2 � �. °,�� ,- N 89°23'00"W 632.32 -� � Z w 0 �� 0 N p O EDGE OF DELWEATED WETLAIYI � 33 � � N 89°O6'20"W 632.70 NOTE:WETLAND DELMEATED BV SVOBODA ECOLOGICAL RESOUHCES 1 0 2 0 400 � SCALE IN FEET �q P� ��q � e�L� 5 � �j� ... .,+��y/�- � � v ��► / � � I�INQO'� / � ` `oµN� �� G � '� ... Sy �'/-y � O� d MN � 680 � _ o PIldu L Y` _ _ � � 3 !v�l0 WNAI� J 0 � o �nda�_ -- „ � Y- -__ - I � mP�3 o �� I C Q � V � � O - �� 2 O y�4 �' ' Q � m � � m `�4 0 ° � ( � y y� � Q � - - - - - - � � e 0 360 Feet �Np ��N K=S�co 8� ��t-'�'I2o,q� f�t�z e.�rs A -�-C- y� `�fi a��m�� 1'rfSHO�E Thk dnwing h nelther�leplly recorded map rwr a survay�nd Is nM MtendM to be uud�s one.This dnwin6 b+compil�don of rccords,Inform�tlon,and dau louted in v�Nous dty,caunty,�nd sqte oMus,and otha sources NlectMs the�rc�ehown,md b to be used Mr reMenu Purposes anN.The Cky MOrono Is nat responslDle tor a�ry inaaundes hereln mirtained �Bohon&Menk,Inc-Web GIS 3/25/201411:12 AM . �-i O � v �L � � � � 0.::. . O }�.�� CITY af ORONO ;��.-�--��.;�. � ' �`'" ,� Municlpot Ol�oes � �,'` .� ��'��:�.Ei;'��,$,�+G street Ad�eu: M�Wa�Adrreo: � �`�is" 2150 Ifelley ParkwaY P.O. Box 66 ' Orono, MN 55356 Crystal Bay, MN 55323-0066 — J�y i s, 1998 -" Jim whalen 14425 3Rth Ave.N. Plymouth,MN 55446 Dear Jim Whalen: This letter is to offer the City's assistance to property owners along the Highway 12 corridor whose Properiy will be partially or totally acquired by Mn/DOT as right-of-way for the highwa.y. The City is ready and willing to assist you in working with Mn/DOT to ensure fair and reasonable treatment in the right-of-way acquisition process, and to ensure adequaxe mitigation of the impacts of the highway on the adjacent properties. In particular, if you believe you may be eligible for an accelerated "hardship" acquisition process vs.Mn/DOTs regular acquisition process and timeline,you should advise the City so that the City can work with you and Mn/DOT to accelerate the acquisition process. If you have other concerns, regarding which the City could provide assistance,please do not hesitate to contact the City. Contact persons at the City are as follows: City Administrator Ron Moorse-473-7357 � Mayor Gabriel Jabbour-471-9256 Councilmember Richard Flint-473-5585 Councilmemi�er Chazles Kelley-475-12$U Councilmember Barbara Peterson-475-2706 � Councilmember and Orono Design Review Committee Member-J.Diann Goetten-473-6633 Orono Design Review Committee Member Ed Callahan-473-8149 Orono Design Review Committee Member Jim Murphy-476-4384 Sincerely, . Ronald J. Moorse City Administrator � RJM!!sv Tdephone (61Z) 473-7357 • FAR 4T3-O510 �NnEso�, �"`'"Z �o �Q Minnesota Departme�t of Transportation �_ �,�� Metropolitan Division Waters Edge 1500 West County Road 62 Roseville, MN 55113 September 16, 1998 Mr. 8� Mrs. Jim Whalen 14425 - 38`"Avenue North Plymouth, Minnesota 55446 Re: S.P. 2713-75 T.H. 12 V�halen Hardship Acquisition Dear Mr. 8� Mrs. Whalen: I am responding to your letter of September 2, 1998 requesting a hardship acquisition of you� property along the south side of Highway 12 and Co. Rd. 6. I have reviewed the acquisition of this property and I regret to inform you that MnDOT is unable to acquire this property as a hardship acquisition at this time. After having reviewed the current layout for T.H. 12, MnDOT has determined that we are only affecting the entrance to your property. The portion we are affecting does not justify MnDOT acquiring your property in total at this point in time. Also, we do not anticipate working in this area for 1-2 years. While MnDOT's transportation planning office continues to work on this project, attention will be paid to the access of your prope�ty. If you need any additional information or have any specific questions, please feel free to call me at 582-1273. Sincerel / i'�" a�lc J. Linde erg, P.E. Area Right of Way Manager cc: P. Loken -W.E. File „�,�.,.,,,.,,,,,An equal opportunity employer Children's Ministry of Minnesota, Inc. �_3 Camp Good News � 1442 5 3 8th Avenue N. Plymouth, MN 5 5446 763-557-2854 February 8, 2014 Bradley A. Adams, President Jacobs Mill Home Owners Association 3745 Jacobs Mill Road Long Lake, MN 55356 Dear Mr. Adams: My wife, Jean, and I are the owners of about ten acres of land to the west and a little north of your Jacobs Mill subdivision. We own two parcels of land described as Lots 3 and 4, Orchard Park Addition, Hennepin County, Minnesota. Hennepin County has denied us access to our land via Hennepin County Road 6 because of safety issues. We ask that your home owners association allow us and future occupants of our acreage to access the land by way of Jacobs Mill Road, Outlots A B and C. It is our plan to donate our land to Children's Ministry of Ministry, Inc., a nonprofit Minnesota corporation who will sell the land to someone who would like a hobby farm. The ministry would then use the proceeds to build a main building at our camp grounds in Aitkin County, Minnesota. Orono states that our ten acres, because of some wet land on the acreage, will be limited to one single family residence. Orono's zoning rules would likely not allow more than two homes to be served, our lot and the northern portion of the lot to the south. And so the drivers needing access via Jacobs Mill Road would be for one or possibly two households. It would be most helpful if you would give us your decision in writing. Sincerely, Jim Whalen �� March 4,2014 1im Whalen , 14425 38"'Avenue N Plymouth, MN 55446 Dear Jim: The lacobs Mill Homeowners Association has reviewed your request for access to the ten acres you own via Jacobs Mill Road and Outlots A, B and C. Pursuant to our discussion over the phone,lacobs Mill Road is a private road that the Association has been required to maintain over the past 14+years. Additionally,the cost of the road was included in the price of our lots. Accordingiy,the Association is unanimous in its decision to keep Jacobs Mill Road private and not allow additional access. Sincerely, ��L - Brad Adams President Jacobs Mill Homeowners Association N-�. r Melanie Curtis .----- From: Eric M Drager[Eric.Drager@hennepin.us] Sent: Thursday, March 20, 2014 9:24 AM To: Jean Whalen Cc: Melanie Curtis; Scott Pedersen; Robert H. Byers; Carla J Stueve; Chad Ellos; Jason W Staebell; John D Ekola; Jonathan J Krieg; Kelley R Yemen; Kelly S Agosto; Maury J Hooper; Steven J Groen Subject: Parcel 32-118-23-22-0004 Attachments: D00032014-03202014090503.pdf Dear Mr. and Mrs.Whalen, Attached is a copy of the letter you requested concerning access from your property in Orono to County State Aid Highway(CSAH)6. I will be sending the original hard copy in the mail to you today. If you have any questions or concerns, please contact me at any time. Thank you. Eric M.Drager,P.E. Administrative Manager-Land Acquisition Group Hennepin County Public Works 1600 Prairie Drive,Medina,MN 55340 Phone 612 348 4182 Fax 612 321 3410 Eric.Dra�(cr�hennepin.us Keep it Green... Please consider the environment before you print this e-mail. Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data.Practices Act, Minnesota Statutes, Chapter 13,may be subject to attorney-client or work product privilege, may be confidential,privileged,proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message,please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 1 � �-� � �-s? Hennepin County Public Works �— Transportation Department Phone: 612-596-0300 Public Works Facility Fax: 612-321-3410 1600 Prairie Drive Web: www.hennepin.us Medina,MN 55340-5421 March 19,2014 Mr. Jim Whalen 14425 38th Avenue N. Plymouth, MN 55446 Dear Mr. Whalen, Hennepin County has reviewed your request for access from parcel 32-1 l 8-23-22-0004 onto County State-Aid Highway (CSAH) 6. While the parcel does not have frontage on CSAH 6, it does front the City of Orono platted road "Rolling Road" on the eastern edge of the parcel. The City of Orono Planning & Zoning Department has indicated that they would permit a driveway access from the parcel onto the platted "Rolling Road" with a driveway to be constructed along the platted road northerly to a connection with CSAH 6. Based on our review of this proposed access, Hennepin County has determined that it will not permit an access point to CSAH 6 at the platted "Rolling Road" intersection. This conclusion was made for several reasons including: proximity to the signalized intersection at the southwestern ramp of Highway 12, speed of traffic, curvature of road, sight and stopping sight distance concerns for turning vehicles, the lack of turn lanes or bypass lanes on CSAH 6 and the grade differential between the platted"Rolling Road"and CSAH 6. Please continue to direct future correspondence on this matter to Eric Drager at eric.dra�erCa7,henne�n.us or 612-348-4182. Sincerely, a..�,•�.�� 1�, James N. Grube, P.E. Director of Transportation and County Engineer cc: Melanie Curtis, City of Orono Scott A. Pedersen, MnDOT Metro Resource Section -PreDesign Plat Review Committee An Equal Op��ortunrty Employer Mike GafFron � ^� From: Melanie Curtis Sent: Thursday, April 10, 2014 12:38 PM To: Mike Gaffron Subject: FW: Letters from MnDOT and Orono Attachments: Orono Letter re 10 acres 1998.pdf; MnDOT Letter re 10 acres 1998.pdf FYI Melanie Curtis 952.249.4627 mcurtis�aci.orono.mn.us -----Original Message----- From: ]ean Whalen [mailto:jean�acamp�oodnews.info] Sent: Thursday, April 10, 2014 12:26 PM To: Melanie Curtis; 7esse Struve; Soren Mattick Subject: Letters from MnDOT and Orono Greetings! Thank you for your time this morning regarding the access and value of our Lots 3 and 4 in Orchard Park. We're sending as attachments the letters that we received in 1998 from the city of Orono and MnDot. We appreciate your help as we continue toward a solution! 7im and 7ean Whalen 1 � From: Jean Whalen <jean _campqoodnews.info> Subject: Remedy to Our Land-Locked Acreage in Orono Date: April 10, 2014 2:40:46 PM CDT To: lili lilimcmillan.com Dear Mayor McMillan: We are seeking a remedy for a situation created by the Minnesota Department of Transportation in the mid 1990's when MnDOT relocated Highway 12 where it intersects County Road 6, resulting in the elimination of access to our land, Lots 3 and 4, Orchard Park, Orono. The Property Identification Number of the land is 32-118-23 22 0004. We have met with Scott Pederson at MnDOT and Eric Drager at Hennepin County. Today we met with Melanie Curtis, Soren Mattick, Mike Gaffron, and Jesse Struve in Orono. The option presented to us would so diminish the value of our land. Thus it is not a viable solution. Because government created this situation,we believe government should provide a remedy for it. We look forward to your thoughts concerning this matter. Sincerely, Jim and Jean Whalen 763-557-2854 �-g � From: Jean Whalen<jean(a�campgoodnews.info> Date: April 11, 2014 at 19:32:03 CDT To: Melanie Curtis <MCurtis(�a,ci.orono.mn.us> Subject: Lots 3 and 4 Orchard Park Dear Melanie - Thanks again for your involvement in the decisions needed to find a resolution to the access question for our land. As we reflected on the conversations surrounding the topic, it seems to us that the only option that has merit is for the City of Orono to condemn, at the city's expense, Outlots A, B, And C to make them useable for access to our property. Sincerely, Jim and Jean Whalen ��0 � C ITY OF ORONO � � Street Address: Mailing Address: Telephone(952)249-4600 y G� 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 F �, Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us �kESH�� April 18, 2014 Jim and Jean Whalen 14425 38`�Avenue North Plymouth, MN 55446 Re: Access to your Orono property Dear Mr. and Ms Whalen, It was a pleasure to meet with you on April 10 to discuss the various options for accessing your property and the challenges of each. Since that meeting, I have had an opportunity to review the correspondence that you sent to the Mayor and staff regarding your expectations of gaining access to your property and that someone other than yourselves should pay for that access. Please be advised that the City of Orono has always required property owners or developers to pay for all development related expenses. In the present situation,that means that you would be required to pay for any and all expenses associated with the necessary road improvements and any ancillary costs to access your lot. As we discussed, if you are unwilling to pay the potential costs of gaining access via Jacobs Mill Road, other options you may wish to pursue include: • Contacting MnDOT pursuant to their 1998 letter in which they state"attention wi(1 be paid to the access of your property". • Contacting the owners of all abutting property to determine whether any of them are interested in providing you access from Orchard Park Road, or whether any have an interest in purchasing your property absent resolution of the access issue. Absent any success with these two options,we would encourage you to continue discussions with Hennepin County regarding the lack of suitable options. The City and Staff are prepared to help figure out the best access to your lot and I would encourage you to contact me if you feel another meeting would be helpful(952-249-4622 or m af�n(c�ci.orono.mn.us). Sincerely, v Michael P. Gaffron Asst. 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'r i � e . � ' � PrlVate Batik M�a3nasats as the curre�o�1�ulder�Of th�t c,�tta�t�tgag�e dated AuguBt Z'�� , ' ' 1999,aad�led o�revorot A��uet a�, I999 as doc�ent aumix7r 7172556 botwe�n Jam� � ' �.Dea�ovla and Debarah W.Deaaarric as M,ortgagaua and Private Bank of'NBaat� � . 11�o�rtga�q,hereby consents tio the Sling of the lt,oad and Utilltio�Ba�man�attaaLed '''' . � � 1�neto and subordineter its i�ntarest umdn�s�aid mwrt�age to tha�nte�roet af the(�tee. ' � � ; Pdvate B�of Nl"mnoaots „ , . � . . � By � . i� n� �� .. . � st�o a�FMiNnesota } : . � , �ss . Couniy c�Hminepin ) � . 'I"he foregoi�g i�ument wa�adcnowledgod ba�ore r�th�s��''`�o� . . SE �'�l��- . 1999 by !)�f/�� • L��p�,the �^'x€G1/77'1/� v�'� P�'�"/Of.✓y""� oFPrlvate Bank of M?nne�a,a Minno�rta banking corpora�ioa,aa beha�f of the ' �� . v .�� . . � '�his instrument was draftod by eeiea�� . 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