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11-28-2016 Council Packet
AMENDED Agenda for Orono City Council Regular Meeting Set for Monday, November 28, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda — Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. November 14, 2016 Council Minutes Presentation LMCD Report — Gabriel Jabbour Public Hearing 3. 2017 Fee Schedule Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Public Works/City Engineer Report 4. Wayzata Blvd/CSAH112 Phase 1 Construction Cooperative Agreement 5. Draft 2017 Public Works Plan Planning Department Report — Planning Commission Representative — Bruce Lemke 6. 15-3763/16-3860 — Christopher & Gail Bollis/Christopher & Rachel Bollis - 200-350 Stubbs Bay Road North — Final Plat Approval 7. 16-3868 Charles Cudd, LLC. o/b/o DDK, LLC 2525, 2535, and 2545 Shadywood Road — Final Plat 8. 16-3881 Charles Cudd, LLC. - 2525, 2535, and 2545 Shadywood Road — Easement Vacation 9. 16-3862 — Robert Lund, 2732 Caroline Ave, Variance & CUP Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification AMENDED Agenda for Orono City Council Regular Meeting Set for Monday, November 28, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Mayor/Council Report City Administrator's Report 10. Wayzata Fire Service Agreement 11. 2017 Liquor License Renewals 12. Claims/Bills * City Attorney's Report Closed Session 13. Closed Session for Union Negotiations Adjournment Upcoming Events AW 2016 11-21-16 — Planning Commission Meeting, Monday 6:30 p.m. (Council Liaison — Lizz Levang) 11-28-16 — City Council Meeting, 7:00 p.m. 12-12-16 — Truth in Taxation 6:30 p.m. 12-12-16 — City Council Meeting, 7:00 p.m. 12-23-16 — Christmas Eve Holiday 12-26-16 — Christmas Day Holiday 01-02-17 — New Year's Day Holiday 01-03-17 — Park Commission Meeting 01-09-17 — City Council Meeting, 7:00 p.m. 01-16-17 — Martin Luther King Day Holiday 01-17-17 — Planning Commission Meeting, Tuesday 6:30 p.m. 01-23-17 — Council Work Session, Monday, 5:00 p.m. 01-23-17 — City Council Meeting, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Comick, Jr., Aaron Printup, and Dennis Walsh. Representing Staff were Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Senior Planner Michael Gaffron, Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Andrea Poehler, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 2, 8, 9, 11, 12, 15, 16, 17, 18, 19, 22, 24, 25a, 25b, and 26 were added to the Consent Agenda. Printup moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. CANVASSING BOARD *2. CERTIFY RESULTS OF THE NOVEMBER 8, 2016, MUNICIPAL ELECTION — RESOLUTION NO. 6687 Results from the 2016 election: Mayor: Lili McMillan — 2,326 votes Dennis Walsh — 2,551 votes Write-ins — 19 votes City Council Member (4 -Year Term): Lizz Levang — 1,570 votes Jim Cornick — 602 votes Richard Crosby —1,897 votes Brad Maenner — 632 votes Margaret Radke — 1,453 votes Victoria Seals —1,715 votes Write-ins — 43 votes Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6687, a Resolution to Certify Results of the Tuesday, November 8, 2016, General Election for City of Orono Offices. VOTE: Ayes 4, Nays 0. Page 1 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. APPROVAL OF MINUTES *3. CITY COUNCIL WORK SESSION OF OCTOBER 24, 2016 Printup moved, Cornick seconded, to approve the minutes of the Orono City Council Work Session of October 24, 2016, as submitted. VOTE: Ayes 4, Nays 0. *4. CITY COUNCIL MEETING OF OCTOBER 24, 2016 Printup moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of October 24, 2016, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) Mary Drazen, Rob Roy, Mark Kieper, and Mary Tucker were present from the Carman Bay Lake Improvement District, and Patrick Selter from PLM Lake and Land Management Corporation was present. Mary Tucker stated she has been a bay captain for Carman Bay since 2008. Tucker stated they are here tonight to present information on the Carman Bay LID. The goal is to move forward in the spring with a petition to the Carman Bay residents. Tucker stated the Lake Minnetonka Association and the Lake Minnetonka Conservation District cooperatively initiated the "Three Bay Demonstration Project" in 2006 to address concerns among lakeshore owners and lake users that Eurasian Water Milfoil (EWM) and Curly Pondweed (CLP) continue to be problematic in Lake Minnetonka. In addition, the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources were interested in new technologies and approaches for large-scale, selective herbicide treatments to control EWM and CLP. Following this study, there was continued interest in bay -wide treatments. The Lake Minnetonka Association, the LMCD and the DNR then developed and adopted a Lake Vegetation Plan to guide and frame a five-year bay -wide EWM and CLP control program in Carmans, Grays and Phelps Bays. The funding primarily falls on the lakeshore owners. Public funding has been uneven. Fundraising responsibilities depend to a very large extent on the bay captains. Tucker stated they are here to seek support from the City Council with regard to this project. The first treatment on Carman Bay started in 2008. During that time, the DNR and Army Corps spent two years developing a protocol, which was followed by a very successful treatment in 2010. Treatment was also done in 2011, and by 2012, the bay had basically gone from a lot of milfoil almost down to zero in this time frame. Another full treatment of the bay was done in 2013. Tucker stated by this time, the residents were getting funding fatigued and so they did not have treatment in 2014 and 2015. The milfoil came back as a result of no treatment. Tucker stated in 2016 they were able to raise enough funds but had to go back to a full treatment. Tucker stated their goal is to have consistent funding to avoid the ups and downs in the treatment. Page 2 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued) Tucker displayed a graph showing the areas of heavy milfoil infestation prior to treatment as well as a graph depicting Carman Bay following the eradication. Tucker stated the treatment was very successful. Tucker stated LID stands for Lake Improvement District. Lake Improvement Districts were implemented by the state legislature in the early 1970s for three specific reasons, which were to help provide clean water, to manage lake levels, and to control aquatic invasive species. Lake Improvement Districts are a means of funding these activities. There are over 40 LIDS in the State of Minnesota. Tucker indicated a LID is formed by a petition from lakeshore residents and those who have lakeshore access. A majority of the residents must approve of the LID. There also must be approvals by the cities affected and the DNR. The DNR then receives and approves the formation of the LID. Once those steps are accomplished, a taxing district will be established for those residents affected. Residents that are affected form a board and decide how the funds collected will be spent. Residents are appointed by the city council for the first year. After that, they will be elected by those affected by the LID annually. The money collected will be spent on the control of aquatic invasive species only. Tucker stated other residents on Lake Minnetonka can form a LID. Each bay must meet the DNR requirements and receive approval by the cities. The main requirement by the DNR is to have public access, such as a beach, fishing pier, or boat launch. Carman Bay would like to institute a LID to ensure sustainable funding in controlling aquatic invasive species. Tucker stated the next slide shows that the DNR has agreed to the Carman Bay definition and the area that would be included in the LID. Tucker displayed a draft copy of the petition. Tucker stated they were successful in 2016 because they started talking about what they wanted to do and began their fundraising efforts in the fall for the spring treatment. Tucker stated they would like to be able to have enough money to be able to do spot treatments going into the future. Council Member Walsh asked how many parcels are involved in the district. Tucker indicated there are 114 parcels. Walsh asked if they need to get 58 of those parcels to form the LID. Tucker stated they have 61 percent participating already in the fundraising and that their goal is to reach 75 percent or higher. Tucker stated everyone was very excited about the LID and that they would like to move forward with it. Walsh asked how many signatures are required from each parcel. Rob Roy, Advisory Board LID Member, stated they require one signature per household. Walsh asked if there is a sunset date on the LID or whether it is permanent. Roy indicated it can be dissolved upon a majority agreement of the residents after it is established. Page 3 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued) Walsh asked who would collect the funding. Roy stated the LID Board that would be appointed by the Council would draft a budget, which would then be presented to the City Council for approval. Following that, the budget would be sent in to Hennepin County. The fee would then be assessed by Hennepin County the following year. Walsh asked what the biggest complaints are that are received from the residents. Tucker stated their biggest issue is an inability to reach people and that everything needs to be in place by the springtime. Sixty-one percent of the residents are currently in favor and have been funding it. Tucker stated they have attempted to educate the group and hold periodic meetings to answer questions. Tucker stated in her view they have gotten over a few hurdles with the residents and they have witnessed the results from the treatments. Council Member Printup asked how many people would be on the board. Tucker indicated seven. McMillan asked if they have a ballpark estimate for the treatment. Tucker stated they have projected an estimate for next year of $30,000. The following year will be perhaps $20,000, which would be $175 per resident. McMillan asked if they would still maintain the policy of not putting chemicals in front of anyone's property that is opposed to it. Mark Kieper stated they would be following that policy. Council Member Cornick asked where the grants came from. Tucker stated from 2008 to 2013, they received grants from the DNR and the LMCD, which were slowly reduced over the years. Tucker stated after the 5 -year project was done, the residents were pretty much on their own. In addition to the grants, they did receive a $3,000 contribution in 2010 from the City of Orono. Cornick asked what the average grant was. Mary Drazan indicated they varied. Tucker noted the LMCD gave $10,000 in 2008 and 2010. In 2011, the LMCD contributed $9,000 but discontinued the grant in 2012. The DNR was involved until 2013. Cornick asked if they feel there will be any future grants available. Tucker stated they do not unless it comes from the state. McMillan noted if the bays are treated every year, in the long term they end up using fewer chemicals. Page 4 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued) Mark Kieper, 2499 Kelly Avenue, stated one of the likely reasons for the elimination of the grants is that more focus is now being placed on zebra mussels. Tucker stated the milfoil does tend to form a dense mat and also decreases property values. Tucker commented they have noticed a difference with the number of boats using the bay as well when the milfoil is being treated. Walsh asked whether high water or low water levels affect the milfoil treatments. Patrick Selter, PLM Lake and Land Management Corporation, Brainerd, stated the water level will impact it and that the chemicals are adjusted depending on the depth of the water. Setter stated they typically do not treat in deep water levels or in areas where there is grass growing. McMillan asked whether the treatment would impact lawn irrigation. Tucker stated to her understanding the residents must wait 24 hours. Selter stated irrigation on straight grass does not have any restrictions but treated water used on any vegetables or food crops can be up to 120 days. Printup asked what some of the negative feedback has been on bays that have been treated. Setter stated the biggest problem is native plant return. Selter stated natives are easier to deal with than the milfoil and that 80 percent of the milfoil vegetation is at the surface. Selter stated they are very careful in how the treatments are done and that they monitor the trends in the lake so they can see if there are any adverse impacts to the native plants. Selter stated they are now seeing on Lake Minnetonka that the plant diversity is increasing and the milfoil is decreasing. Selter stated a lot of people like the treatments but that it takes a couple of years to balance out the natives following the treatment. The areas that do not have consistent treatment can experience spikes in the milfoil. Walsh asked what the feedback has been on Lake Albans Bay. Roy stated the feedback has been very positive and that they have been able to go to treatments every other year. Roy indicated the biggest complaint they receive is the amount of native plants. Walsh stated he would be supportive of getting rid of the invasive species and the City contributing some money. Poehler noted the Council will need to hold a public hearing within 30 days once it is determined the petition is valid. Tucker stated they would like to start the petition now to get a head start for the spring. If approval is received from the Council tonight, they can start working on the petition. Tucker stated they can also then work with the City Administrator on electronic signatures. Page 5 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued) Walsh moved, Printup seconded, to direct the Carman Bay residents to move forward with the lake improvement district petition in the next 30 days and bring it back to the City Council for final approval once the signatures are verified. Printup commented he would be interested in hearing from the people who are not in favor as well. VOTE: Ayes 4, Nays 0. PUBLIC HEARING 6. CONSIDERATION OF LOCATION RESTRICTIONS, LEVEL III SEX OFFENDERS Community Development Director Barnhart stated over the past several months the City Council has discussed location restrictions for Level III sex offenders. Level III sex offenders are individuals that have committed sex related crimes, have been adjudicated, imprisoned, and have been designated as likely to reoffend upon their release. When a Level III individual is released, the State holds a neighborhood information meeting. Currently there is no city ordinance that provides guidance as to where Level III offenders may reside. Barnhart noted a number of cities are starting to respond to these concerns by drafting ordinances that prohibit residence of Level III offenders within certain distances of parks, schools, daycare centers. The Orono City Council had previously indicated they would like to receive comment from the public prior to moving forward with a formal ordinance. Barnhart stated the public hearing should be opened and then direction provided to Staff on how to proceed. Mayor McMillan opened the Public Hearing at 7:37 p.m. Richard Anderson, Crystal Bay Road, stated he has been around the Crystal Bay neighborhood for the last 55 years. The area has changed drastically in the last few years, with approximately 15 new kids as well as seven or eight new families living in the neighborhood. Anderson stated he would like the ordinance to also cover Level I and Level II offenders but that he understands it probably will not pass. Anderson stated his main concern is that they do not know who some of these people are that are coming into the neighborhood. Anderson stated they have an issue with people renting out their dock slips to non -Orono residents and that it is possible there are Level I to Level III sex offenders among those people. Anderson stated he knows who his neighbors are but that he does not know who these dock slip renters are. Anderson noted those people who rent out the boat slips are able to get the lay of the land and start to become part of the neighborhood. Anderson commended the City Council for considering this. Mayor McMillan closed the Public Hearing at 7:40 p.m. Printup asked why it is harder to regulate the Level I and Level II offenders. Page 6 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 6. CONSIDERATION OF LOCATION RESTRICTIONS, LEVEL III SEX OFFENDERS (continued) Barnhart stated information on Level I and Level II offenders is not public information and that data would be required in order for the City to enforce any ordinance. Walsh asked if Level III sex offenders are made known to the community. Corey Farniok, Orono Police Chief, stated the police department is informed of their residency, their place of employment or school they are attending, and vehicle information. That information is then tracked by the police department. Printup stated in his view the City should move forward with the ordinance and that the ordinance language should also include bus stops and other public places. Rich Anderson stated the language says if the offender is assigned to Risk Level I, the agency may maintain information within the agency. Anderson suggested the language should perhaps say "shall maintain". Anderson stated he is not saying they have to call Level I or Level II offenders out in the ordinance but that the Police Department should know that information. Farniok noted when the Police Department receives notification on Level I or II offenders and that information is maintained. The police department will also perform quarterly and sometimes monthly checks. Farniok stated they also maintain a photograph of the person. McMillan stated if the City moves forward with the ordinance, the legalities will need to be considered. Walsh commented the wheel has already been created and that the City does not need to reinvent everything. Farniok stated the concern is that some cities are over -reaching in their regulations and that they will likely be challenged at some point. Walsh stated he agrees that the City should not over -reach but that the City needs to be pro -active and protective of its citizens. Printup moved, Walsh seconded, to move forward with the location restrictions for Level III sex offenders. Cornick stated the most important part of the ordinance will need to be the mechanism for how it will be enforced. McMillan stated another thing would be to include a map to provide an idea of the areas that this ordinance will cover. VOTE: Ayes 4, Nays 0. Page 7 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. PUBLIC COMMENTS Dennis Libby, 1000 Heritage Lane, stated they are dealing with a number of approvals, projects and variances with new construction in their neighborhood. Libby stated the three elements that he would like to share with the Council today that have become increasingly a concern for Orono are private property rights, private enjoyment, and safety. Libby noted he spoke about these elements earlier this year during the process of some of the approvals. Libby stated to the Council's credit, in every occasion certain elements of rules, regulations and enforcements were established that were cognizant of the fact that when new construction happens, because of the introduction of heavy equipment, material delivery, and workers, those elements need to be maintained for the existing homeowners. Libby stated the unfortunate thing is that enforcement is a key issue. Libby stated the development at 1830 Shoreline Drive is a very large scale project that was approved. Libby stated it is an absolutely incredibly beautiful addition to the neighborhood, but unfortunately many of the rules and guidelines that were set up by the Council are not being observed either because there is a disconnect between the builder, the developer, and the contractors that are there on a daily basis or because they just are ignoring it overall. Libby stated it is really unfortunate when residents have to resort to taking the valuable time of the police community to enforce parking rules that in any other circumstance would be an immediate ticketed violation. Libby stated as the City moves forward with more development and more projects, the City needs to look at how those regulations can be enforced so the safety, quiet enjoyment and the personal property rights of others are really protected. PUBLIC SAFETY REPORT 7. AUTHORIZATION TO PURCHASE 2017 SQUAD CARS Police Chief Farniok, stated the Police Department is requesting Council authorization for the replacement of four vehicles in 2017. Farniok stated the vehicles are requested to be replaced either due to high miles or mechanical issues. Walsh stated he wanted to swap out No. 231, which is a West Metro Task Force vehicle, and put No. 238 in there for a preauthorization so it does not need to come back in eight months once it reaches a certain number of miles. Farniok asked if they would be replacing 233, 236, 238, and 237. Walsh indicated that is correct. Printup noted in the past he has seen a color -coded spreadsheet. Farniok indicated he will provide that to the rest of the City Council. Farniok noted he did provide it previously to Council Member Walsh. Walsh moved, Printup seconded, to approve the purchase of four 2017 Ford Police Interceptor Utility vehicles for $27,798.00 plus tax, registration and other miscellaneous fees from Waconia Ford in Waconia, switching out car 231 for car 238. VOTE: Ayes 4, Nays, 0. Page 8 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT *8. BALDUR PARK ROAD PAY REQUEST NO.3 — FINAL Printup moved, Cornick seconded, to approve Pay Request No. 3 to GMH in the amount of $1,443.85 and Pride Construction in the amount of $14,980.00 for the Baldur Park Road Rehabilitation project. VOTE: Ayes 4, Nays 0. *9. BROWN ROAD TRAIL REHABILITATION — FINAL PAY REQUEST Printup moved, Cornick seconded, to approve Final Pay Request to Bituminous Roadways in the amount of $28,745.20 for the Brown Road Trail Rehabilitation. VOTE: Ayes 4, Nays 0. 10. CSAH 112 TRAIL AND PARCEL EXTENSION a. CSAH 112 Trail Extension Option b. Tax Forfeit Parcel Public Works Director/City Engineer Edwards noted a couple of meetings ago representatives from Hennepin County Transportation Department presented an option for a trail extension along the north side of CSAH 112. The trail would go from Old Long Lake Road and continue south to link to the Luce Line Trail right before the interchange. Edwards stated Hennepin County is getting to the point in the design process where a decision is needed from the City on whether to pursue that option. The estimated cost to the City of Orono for that trail extension is $110,000, with Hennepin County also contributing $110,000. Edwards stated the trail would be included in the existing road project. The parcel of land that sits at the intersection of the Luce Line Trail and Wayzata Boulevard is a tax forfeited parcel and the City now has the opportunity to procure that piece of land to extend the trail up to the Luce Line. McMillan asked if the Park Commission recommended approval of the trail extension. Edwards stated the Park Commission recommended extension of the trail on a 5-1 vote. At the open house for Phase 2 of the 112 turnback project, 25 residents voted in favor of the trail and one was opposed. Approximately 40 people participated in the open house. Edwards indicated he did receive one e-mail today from a resident in support of the trail. Printup asked how many Orono properties would be affected by the trail. Edwards indicated four properties would be directed affected by the trail extension. McMillan noted originally the trail on Wayzata Boulevard was proposed to go on the south side of the road and that during the preliminary design process they switched it to the north side to go along the south shore of Long Lake and end up going past Birch's up to Old Long Lake Road. McMillan stated having the trail on the north side was a big improvement. McMillan noted the City of Long Lake spent an additional $100,000 to pay for the re-engineering of switching it from the south side to the north side. This additional extension would continue along the north side and hook up to the Luce Line Trail. Page 9 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 10. CSAH 112 TRAIL AND PARCEL EXTENSION McMillan stated the advantage to it is that it creates a looped trail system and the north end of Orono would be getting a great trail system if approved. McMillan noted in order for Orono to do this trail on their own, it would cost around $400,000 and that they would basically be getting the trail for a fourth of the cost. McMillan stated in her view it is a nice amenity with a huge cost savings. Walsh commented the trail is definitely a draw for the community and the only concern he had is what the residents think about the trail. Walsh stated he did attend the open house but there were no residents there at that time. Walsh indicated he spoke to a couple of the residents when he visited the area and that it would be helpful to have Hennepin County place some stakes showing where the trail will be. Walsh noted the property owner at 970 Wayzata Boulevard had no issue with the trail and the other two residents were not home and he did not have a chance to meet with them. Mayor McMillan asked if any residents would like to comment on this item. Kent Cassidy stated he did attend the open house and at the time he did not vote against it. Cassidy stated they were not told what the impact would be to their property. Cassidy stated over the weekend they went out and measured it and they realized that from the arbor in the back of their yard to the edge of the pavement is 15 feet. Cassidy indicated they are concerned about privacy along there. Cassidy noted their back yard has been featured in a couple of magazines, they have had some weddings back there, and the Minnesota Arboretum has toured their property a couple of times. Cassidy stated they also have a pool in the back and that they have some concerns with safety given the pool. Cassidy stated they currently are very secluded and no one really knows there is a pool. Cassidy noted there currently is no fencing around the pool. Cassidy stated from the information they have been given, which is not a lot, he and his wife feel it will have a big impact on the way they enjoy their property and the value of their property. Cassidy stated they also recently installed an invisible fence for their dog which will probably have to be torn out. McMillan asked if anyone from Hennepin County talked to them at the open house. Cassidy stated they did not really speak to anyone from the County. Cassidy indicated they were gone for a week during this time frame and that they were thankful they found out about tonight's meeting so they could appear here. Cassidy stated they definitely are against it right now. McMillan noted Hennepin County will be here at the Orono City Hall at 8:00 a.m. Thursday morning and that he is welcome to stop by at that time. McMillan stated he could also leave his address and contact information with the Public Works Director so he can pass it along to Hennepin County. McMillan stated it is her belief that most of the trail is going within the right-of-way. Edwards stated all of the road and trail improvements are planned for within the right-of-way but there are some portions where the runouts for grade will go into existing private property and will result in the County needing to obtain the necessary easements to perform that work. Page 10 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 10. CSAH 112 TRAIL AND PARCEL EXTENSION (continued) Don Ristad, 1005 Old Long Lake Road, stated the plans he reviewed depict quite an elevation and that he is concerned about how far that will need to be excavated. In addition, if that has to be excavated, the trees that are at the top of the berm would be impacted. Ristad stated if they lose those trees, they will not have that buffer area. Ristad stated the concept is great but that he is concerned how it will impact his property. McMillan noted Hennepin County has not done any engineering at this point on the trail. Walsh stated if Hennepin County can stake where the right-of-way ends, they will at least get an idea of where things are going. Richard Anderson, Old Crystal Bay Road, stated when something is not in your own back yard, everyone is in favor of it. Anderson noted there are already a number of trails in the City and that they are proposing to spend $110,000 to connect the high school to the trail system and to the Luce Line. Anderson stated people are currently able to get on Old Crystal Bay Road and go down to the Luce Line. Anderson stated it is spend, spend, and spend in this town and that enough is enough. Anderson stated he was not opposed to the trail that was constructed behind his house but that the trail is a pain. Anderson stated the City has enough trails and that people can go anywhere they want to on any trail system with about a five minute ride. McMillan stated the point of the trails is to not have to drive anywhere. McMillan commented the trails help bring in a lot of people biking into Long Lake and that it would be nice for the community. McMillan noted she also has received a lot of compliments on Orono's trail system. McMillan stated at the time the City performed a survey ten years ago, people indicated they wanted trails and open spaces. Anderson commented the City has done well in providing a number of trails. Walsh stated he would table it until Hennepin County does the final leg work. Edwards stated the County is looking for a commitment from the City at this point before they expend the funds necessary to design the trail. Cornick moved, Printup seconded, to include the trail extension along the north side of CSAH 112 from Old Long Lake to the Luce Line as part of Phase 2 of the turnback project. Printup stated if the City finds that there is a property that is greatly impacted by this, the City should work with the County, but that this will help keep the ball moving forward. Edwards stated to his understanding it is Hennepin County's intent to work with all the impacted property owners on this project as they move forward. McMillan commented Hennepin County has worked hard with Long Lake to provide a number of amenities and that the trail and road improvements will be a positive. Page 11 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 10. CSAH 112 TRAIL AND PARCEL EXTENSION (continued) Walsh commented this might be putting the cart in front of the horse. Walsh noted when this item was in front of the Council two or three weeks ago, he said that he wanted to hear from the four affected property owners and that the City still has not done that. Walsh stated he would like to put it on hold until they figure that out. Cornick noted if the trail is not extended, the trail as currently designed goes nowhere. Cornick stated in his view the extension is common sense. Don Ristad stated the trail could follow Old Long Lake Road directly to the Luce Line very easily and would be prettier than following the roadway. Cornick noted that option was considered but the County does not have the necessary right-of-ways. Edwards stated the dotted green line on the map depicts a possible route along Old Long Lake Road. VOTE: Ayes 3, Nays 1, Walsh Opposed. 10b. TAX FORFEIT PARCEL Senior Planner Michael Gaffron stated the history of the parcel is that back in 1990 the City picked it up as a tax forfeited parcel. In 1999, the DNR sent the City a letter requesting that the parcel be released from that status so they could acquire it as part of the Wood -Rill Scientific and Natural area. At that time the City took steps to release the parcel back to the State for DNR acquisition, which was never done. In October of 2016, Hennepin County placed the parcel up for tax -forfeit auction, to be sold at auction November 18. When City Staff learned of the auction, they requested Hennepin County remove it from the auction list. At this time Staff is working towards re -acquisition by the City to ensure the ability of this property to remain either as City park/open space/drainage or for future acquisition by the DNR as originally intended in 1999. Hennepin County has appraised the parcel at $1,000. The parcel is half wetlands and half upland and abuts the trail. Gaffron stated from the City's perspective, it should be part of Wood -Rill and that the DNR is looking at it. Gaffron recommended the Council authorize Staff to pursue completion of the re -acquisition of the parcel in question at a cost to the City of $1,000 plus transfer fees of approximately $300. If the DNR wishes to purchase the property at some point, it could be transferred by the City to them. Walsh moved, Cornick seconded, to authorize Staff to pursue completion of the re -acquisition of the parcel in question at a cost to the City of $1,000 plus transfer fees of approximately $300. VOTE: Ayes 4, Nays 0. Page 12 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT, CONTINUED Edwards reported on the following activities by the Public Works Department: • Tree trimming and stump removal at Casco Point Road, Spring Hill Road, Old Long Lake Road North Arm Drive • Predevelopment street inspection on Heritage Lane • Cleaned culvert on Tamarack • Televised pipe for easement survey on Orono Orchard • Winterized hydrants • Well construction is currently underway • Marked waterlines for easement survey • The fence is now complete at Lurton Park • Buckthorn removed at Crystal Bay Park • Set up and tore down election equipment *11. NORTH ARM TRAIL STUDY Printup moved, Cornick seconded, to approve Bolton and Menk to conduct a feasibility study for a trail along North Arm Drive for a fee not to exceed $3,000. VOTE: Ayes 4, Nays 0. *12. SEWER TELEVISING Printup moved, Cornick seconded, to accept the proposal from Visu-Sewer for sanitary sewer televising for $38,500. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT — KEVIN LANDGRAVER, REPRESENTATIVE 13. #16-3862 ROBERT LUND, 2732 CAROLINE AVENUE, VARIANCE AND CONDITIONAL USE PERMIT City Planner Melanie Curtis stated the property owner originally proposed to construct a second story addition over their existing detached garage to use as a guest house. After receiving bids for the construction, the applicants have decided to scale back the project and remodel the interior of the existing detached garage to function as a guest house. The Planning Commission held a public hearing and recommended approval of the original plan. They have not reviewed the revised plan. The City Council should review the plan and make a decision. Planning Staff recommends approval of the revised project. A conditional use permit is required as well as a variance because the existing footprint is larger than 1,000 square feet. A draft approval resolution has been provided for Council's consideration which will need to be amended and adopted at the next City Council meeting. McMillan noted there does not appear to be very many changes with the revised plan. McMillan asked if there are any factors the City Council should consider with the new proposal. Page 13 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 13. #16-3862 ROBERT LUND, 2732 CAROLINE AVENUE, VARIANCE AND CONDITIONAL USE PERMIT (continued) Curtis indicated the original plan was a full second story and the revised plan has an expanded dormer look to accommodate the second story with some areas in the roof that will be used for storage. Curtis stated the revised plan is basically pretty similar to what was presented to the Planning Commission. McMillan asked if it is the same footprint. Curtis indicated it is. Walsh moved, Cornick seconded, to direct Staff to amend the draft approval resolution to grant a conditional use permit and variance to allow the remodel of the interior of the existing detached garage to function as a guest house for the property located at 2732 Caroline Avenue. VOTE: Ayes 4, Nays 0. 14. #16-3868 CHARLES CUDD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT Barnhart stated the developer and Staff have been working on finalizing the final plat documents associated with the Shadywood Villas. The Council reviewed the preliminary plat for this property a couple of months ago. Staff is seeking direction on the following three main questions: Question No. 1: Upon closer inspection of the proposed homes, it was discovered two homes exceeded the floor area ratio of 0.5 that is allowed by the City's RPUD zoning ordinance. The floor area of the homes is 4,893 square feet and includes the entire basement, main floor, sun porch, and garage. The resulting floor area for Lot 3 is 0.55 and 0.63 for Lot 4. The homes have not changed from the original plan that was submitted. The Planning Commission and the City Council did not seem too concerned with the deviation in the FAR at the time of preliminary plat. Question No. 2: The developer desires to start construction on the homes before the first lift of asphalt is applied to the new internal street. The internal street is a public street. Allowing home construction before the first lift gives the builder a seven month head start, as the first lift likely will not be applied until next May, with a foundation potentially being dug in June -July. Historically the City of Orono has required at least the first lift prior to construction of any homes for emergency access and engineering/construction management. The developer is looking to install the curbing and begin construction on two homes. Barnhart indicated Staff is not supportive of that request. The challenge is there is no way to guarantee the quality of the road post construction given the heavy equipment that will be used. Barnhart noted a portion of the street is a public road. Question No. 3: The developer also desires to begin grading before the final plat is approved. Historically the Council has required that the plat be recorded before work begins. This encourages the developer to address all the small details that permit a successful project and reduces the likelihood of prior liens and interest being established that would interfere with the city filing. Page 14 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 14. #16-3868 CHARLES CUDD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT (continued) Staff does not support this request for an early start. However, if the Council supports the request, Staff would suggest that at a minimum all fees are paid, the letter of credit be provided, and the grading and erosion control plan be formally approved by the City Engineer prior to work commencing. The City's standard development agreement has been included in the Council's packet. McMillan asked what the rationale was for it being a public street. Barnhart indicated it has been proposed to be a public street since the very beginning of the process and is consistent with the City's ordinances. McMillan asked if it is a public street based on the density. Barnhart indicated it is. McMillan noted the City tends to stay away from cul-de-sacs being a public street. Barnhart stated Staff raised that question early in the process but that the developer has proposed it as a public street from the beginning. Printup indicated he is okay with the floor area ratio. Walsh stated he does not have a problem with No. 1 but that he does have a problem with No. 2. Walsh stated it is the Council's job to protect community assets and that this will be a public street, which is one of the City's assets. Walsh stated in terms of the grading, he is not as concerned about that. Walsh stated if there is any possibility that there are prior liens, he would want to make sure there is some type of title insurance in place to protect the City since liens would impact what happens with the remainder of the project. Barnhart noted the City does receive from the developer a title commitment which proves that the developer owns the property and they have legal authority to plat it. Walsh stated it is more in relation to future filings that have to be done prior to work commencing. Walsh stated dealing with liens can be a very long process. Walsh noted the developer would also have to get early start coverage from a title company. Poehler stated they can work with the title company on that issue. Walsh stated he is not real supportive on the question regarding the road since the City will have to maintain it eventually. Page 15 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 14. #16-3868 CHARLES CUDD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT (continued) John Stein, Charles Cudd, stated as far as the road construction goes, it is hard to get a roll test later in the fall since there is no good drying time and that they would increase the amount of sand being placed and install drain tile to ensure good drainage. Stein indicated they would also up the gravel to an inch and a half minus. Stein stated with those changes, there would be a far better base for the road. Stein noted once he leaves the street, he also has to maintain a gravel road to the house through the spring rainy season. To maintain that driveway, fabric is installed with 12 inches of 1.5 minus, which is then topped by three inches clear. Stein indicated that helps minimize the mud. Stein stated that is how they would maintain the road over the winter, and in the spring the three inch would be removed and the curbs would get installed. Stein stated it is a better tested road without the asphalt because it demonstrates that the base will hold up with the heavy equipment. Walsh stated he can see his argument and that they would likely gain better compaction but that he would defer to the City Engineer on that question. Stein stated he understands what the minimum standards are for a gravel base and that he would maintain that throughout the winter. Printup asked what the City can do to protect itself and ensure that the road is constructed properly. Stein stated they would also not request a temporary certificate of occupancy and that the future homeowners would be told that their certificate of occupancy is tied to the completion of the road and other parts of the development. Stein stated they would also ensure that the road is holding up prior to installation of the curb. Stein noted the road is also 200 feet long, which is very short. Barnhart stated Staff is very uncomfortable with allowing house construction to begin prior to the road being built and that the homeowners will have questions on why they are not being allowed to move in if the development is not totally completed. Barnhart stated after the development is full developed, the homeowners will also wonder why the road is failing after five years. Stein stated the road they construct will hold up to the heavy equipment and that a normal road section does not hold up to that. Walsh commented the City also has no guarantee that Charles Cudd will be the developer 60 days from now. Stein stated Charles Cudd is here to follow through in getting the homes built. McMillan asked whether it is common to allow homes to be built prior to the first lift of asphalt. Poehler stated it is extremely unusual to have a house built before the road has the first lift of asphalt. Edwards stated it is possible to construct a road under winter conditions but that it is more expensive and more risky. Page 16 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 14. #16-3868 CHARLES CUDD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT (continued) Edwards noted in some of the recent developments, Staff has had developers ask about changing some things with the road design and that Staff is more comfortable when they increase the specs on the road rather than decrease the specs. Edwards stated it is possible technically to build the road but that it is usually more of an issue regarding the sequence of the building of the development. Edwards stated if the Council decides to allow it, they will definitely want to have it all in writing and then Staff will need to determine when the inspection and quality checks occur. Stein noted there are plenty of gravel roads that were built not that many years ago and that the asphalt requirement is a fairly new thing. Walsh stated he worries about this development being the guinea pig and allowing it since other developers will likely request the same thing. Walsh stated he is still not comfortable with the second question but that the issues with the third question can probably be resolved. Cornick stated one thing he has learned is that the devil is always in the details and that he would be really uncomfortable going forward without plat approval. Stein noted the only piece that is not done is the vacation easements. Stein stated if the old lot lines were already vacated, the Council could be approving final plat tonight. Stein noted that requires a public hearing, which will be done at the Planning Commission meeting next week. Walsh stated if there are no liens that are found, he would be okay with No. 3 since it could be handled with title insurance. Walsh indicated he is okay with 1 and 3 but that two is a no go. McMillan stated she is struggling with 2 and 3. McMillan noted the City used to allow house construction prior to the first lift of asphalt but that it ended up causing some issues and now they wait until the final plat is approved. McMillan stated citizens will get upset if developers are out there grading when the final plat has not been approved. Walsh moved, Cornick seconded, Application No. 16-3868, Charles Cudd, LLC, 2525, 2535, and 2545 Shadywood Road, to direct Staff to prepare the final plat approval resolution and development agreement approving Question No. 1 but denying Question Nos. 2 and 3. Barnhart noted the final plat and the development agreement will be back before the City Council in two weeks. VOTE: Ayes 4, Nays 0. *15. #16-3869 SCOTT D. HOCHSTEDLER, 290 CRESTVIEW AVENUE — VARIANCES — RESOLUTION NO. 6689 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6689, a Resolution Granting Variances to Municipal Zoning Code Sections 78-305 for Property Located at 290 Crestview Avenue. VOTE: Ayes 4, Nays 0. Page 17 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. *16. #16-3870 SCOTT D. HOCHSTEDLER, 290 CRESTVIEW AVENUE, RIGHT-OF-WAY VACATION — RESOLUTION NO. 6690 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6690, a Resolution Vacating a Dedicated Right -of -Way Within the Plat of Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota, File No. 6-3870. VOTE: Ayes 4, Nays 0. *17. #16-3871 PIVEC CONSTRUCTION ON BEHALF OF MIKE SETNICKER, 1175 WILLOWBROOK DRIVE — VARIANCE — RESOLUTION NO. 6691 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6691, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1434 and 78-1435, for the property located at 175 Willowbrook Drive, File No. 16-3871. VOTE: Ayes 4, Nays 0. *18. #16-3872 REVISION, LLC, ON BEHALF OF TIMOTHY AND AMY SULLIVAN, 440 BROWN ROAD SOUTH — VARIANCE — RESOLUTION NO. 6692 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6692, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1434 and 78-1435, for the property located at 440 Brown Road South, File No. 16-3872. VOTE: Ayes 4, Nays 0. *19. #16-3873 RYAN AND NATALIE BLACKWELL, 80 SMITH AVENUE — VARIANCES — RESOLUTION NO. 6693 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6693, a Resolution Approving Variances from Municipal Zoning Code Section 78-420, for the property located at 80 Smith Avenue, File No. 16-3873. VOTE: Ayes 4, Nays 0. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 Gaffron stated the applicants are planning to construct a new home on a substandard lakeshore lot for the Shaw family. The property currently contains a small home with no garage. The lot is approximately one-quarter acre in a half -acre zone. It is one of the smallest lakeshore lots on Shadywood Road due primarily to the shape of the lakeshore. The property is served by municipal sewer and water. The applicants are requesting variances for hardcover and structural coverage as well as lot area and lot width. The proposal includes a new home with an attached 2 -stall garage and a driveway with a backup apron to allow vehicles to enter Shadywood Road in a forward manner. While the existing small cabin encroaches approximately 18 feet into the 75 -foot lakeshore setback, the new home is proposed to be 75 feet from the OHWL. The cabin also encroaches 16 feet lakeward of the average setback. The new home will meet both the 75 -foot lakeshore setback and the average setback. A portion of a grade -level patio, however, will extend past those lines. Hardcover of that type is typically not allowed in the 0-75 foot zone. Total hardcover proposed for the site is 29.6 percent where only 25 percent is normally allowed. Existing hardcover is 16.9 percent with the existing cabin. Page 18 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) Structural lot coverage, including the proposed house, the attached garage and the roofed front stoop, calculates at 18.2 percent where 15 percent lot coverage is allowed. The Planning Commission recommended approval of all the variances. They noted that if the lot coverage variance was not granted, the house would have to be reduced to a size that would be out of character with the immediate neighborhood. It was also noted that other homes in the neighborhood exceed the 15 percent limit, with some of those homes being granted variances in order to do so. Staff recommends approval of the lot area, lot width, hardcover and structural lot coverage variances as proposed. A resolution for approval is before the City Council this evening. Printup asked how much the patio encroaches. Gaffron indicated it is approximately eight to ten feet past the average setback line. Given the fact that it is a grade -level patio, the visual impact would be minimal. Walsh stated the only issue he has is the fact that this would be a clean slate. Walsh stated the property owners need to have the extra apron to get out onto Shadywood safely and that he is not opposed to the extra hardcover. In addition, being a small lot is a hardship. Walsh stated the 0-75 foot zone is an issue and that he does not feel hardcover for a patio should be allowed within the 0-75 foot line. Printup stated he is okay with the turnaround but the 0-75 foot encroachment is an issue. Gretchen Shaw, Applicant, stated they are here to answer questions. Sven Gustafson, Stonewood, LLC, stated they did attempt to design a house that would be as small as functionally possible, with a two -stall garage. The neighbors understand what is being proposed and they are in support of the request. Gustafson noted they are moving the house back from where the patio currently exists and that half the depth of the patio is where the lakeside of the home is located currently. Gustafson stated this is a good improvement in view for both neighbors. McMillan asked what the practical difficulty is for the variance in the 0-75 foot zone. Gustafson indicated the hardship is moving the house further back from the lake. The turnaround is a desire to have some place to park off of Shadywood given the short driveway. Gustafson stated they can pull it back a little bit but then it would be difficult to park and turn cars around. McMillan stated in her view the Planning Commission did a good job of reviewing the application in regards to the structural lot coverage and the hardcover. McMillan stated it appears the only issue in the 0-75 foot zone is the patio. Page 19 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) Gustafson stated that is the only structure in that area. Gustafson indicated the dashed line is the existing house today, which will be pulled back, and the patio is approximately 10 feet into the average lakeshore setback. Cornick commented he has no issues with the application and that he agrees with the Planning Commission 100 percent. McMillan stated she is in agreement with Council Member Cornick and that the practical difficulties were well reasoned by the Planning Commission. Printup stated quite simply the issue is the 0-75 foot zone. Printup noted the Council has had a number of discussions about allowing boulders and stepping stones in that area. Printup stated while the patio almost makes sense and the house has been relocated out of that area, once the City starts to allow structure or hardcover in the 0-75 foot zone on new construction, it puts the Council in a bad position for the next applicant. Walsh stated he has held fast on anything in the 0-75 foot zone for the past two years. Walsh stated once the patio is approved, it could be converted into a deck, and that it raises the question of where does it end and who gets stuff in the 0-75 foot zone and who does not. Walsh stated he just cannot live with changing his direction on the 0-75 foot zone and that they will have to maneuver things out of that area. Gustafson stated if the architect is able to reconfigure things and pull the northerly side of the house back, they would not meet the 30 -foot setback from the street. Gaffron noted the house would be approximately 50 to 55 feet from the actual traveled road, and if the house is pushed closer to the street, it would require a variance to the street. McMillan commented a functional driveway is necessary given the traffic on Shadywood Road. Gustafson stated pushing the house forward is a possibility but that he is not sure what it will do to the grade of the driveway. Shaw commented it is always a balancing act and that shortening the driveway will limit guest parking and the ability to turn around. Shaw noted there is no parking allowed on the street. McMillan noted the City has been pretty accommodating to the other houses on the street for that reason. Printup stated he would be interested in seeing what could be done about pulling it back towards the street. Walsh stated the Council could say they will give them everything except for the 0-75 foot setback and that the applicants can come up with a design that fits into that. Gustafson asked whether a variance to the 30 -foot street setback is something the Council would consider. Page 20 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) McMillan stated it might result in a considerable expense if the house is relocated. Lyle Shaw commented the grade is pretty steep currently. Gustafson stated it appears to rise approximately six feet from the street. McMillan stated she is not sure how much the applicants want to shorten the driveway up given their location on Shadywood. Gustafson stated they can ask the architect if she can move the northerly side of the house closer to the street and that it would make more sense than shortening and steepening the driveway. Gretchen Shaw stated shortening the driveway would likely force their guests to park on the grass down by the street. Walsh stated it goes back to the architect and that the Council can approve everything but the variance for the 0-75 foot zone. Gustafson asked what the process is from today if they change the design. Gaffron indicated it would be up to the Council on whether they want the Planning Commission to see it again. If a street setback variance is going to be requested, the Council would need to see it again, but if they are able to fit everything in without the need for any variances, the City Council would not need to review it again. Gustafson asked if it would require a whole new application if they want to explore the street side setback. Gaffron stated this application could be amended. Gaffron stated technically it would require a public hearing but that it could be held before the City Council. Walsh stated if the application is just being amended for one thing, it would not be that big of an issue and that they could skip the Planning Commission. Walsh stated if they need to come back before the City Council that would add a couple more weeks to the process. Gaffron stated given the required publication time, they are looking at probably the December meeting. McMillan asked what the square footage is in the 0-75 as it relates to the patio. Gaffron indicated it is 110 square feet. Gustafson stated another option is to decrease the size of the patio and make it more of a landing. Page 21 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) Walsh stated that is not something they have to decide tonight and that the architect could look at shifting things around to fit it into what is approved. Gustafson stated that would be a challenge since they are proposing a tight floor plan already, which does not leave a lot of room for changing things around. Gustafson commented he does not want to speak for the architect on whether things can be changed. McMillan asked how the City has been in the past with allowing patios in the 0-75 foot zone. Gaffron noted patios are not considered structure and that it is considered strictly a hardcover issue. McMillan asked if there are any other hardcover items on this property in the 0-75 foot area. Gaffron stated he is not aware of anything. Gretchen Shawn stated there are no stairs going down to the lake and that the reason they go into the 0-75 foot zone is the nature of the shoreline. Gustafson stated in his view they are going to have difficulty redesigning the main floor. McMillan commented she is also concerned about the expense if they have to redesign things. Gustafson noted the garage is pushed up against the 30 -foot street setback and the stairs are tucked behind the garage, which means the stairs cannot move. Gustafson stated if the gathering room inside the house moves forward 10 feet, the layout does not work anymore. Gustafson stated he is not sure if redesign is an option here and that in his view the street side setback variance may be the only option. Printup commented another option would be to reduce the size of the patio. McMillan stated the City has been attempting to be more accommodating with decks and patios. Gretchen Shaw noted they are proposing a patio and not a deck. McMillan asked if they would ever consider stairs down to the lake. Gretchen stated stairs would be nice but that they have gotten by for 20 years without them. Walsh noted the applicants could always add stairs if they wanted to since they are allowed in the 0-75 foot zone. Printup stated in fairness to the applicant, the Council should table this to allow the architect a chance to reconsider things. McMillan stated it also appears the Council is tied 2-2. Page 22 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) Walsh stated approving everything besides the 0-75 variance would give them an opportunity to not have to come back before the City Council. Gustafson stated they can have the conversation with the architect and then come back in a couple of weeks. Gaffron asked if they have a time frame for starting construction. Lyle Shaw stated this week. Gretchen Shaw asked whether that would be into December if they have to come back before the Council. Gaffron stated if a new variance is being requested, it will likely be four weeks since Staff has to have time to publish a public hearing before the City Council. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6694, a Resolution Granting Lot Area, Lot Width, and Structural Lot Coverage Variances to Municipal Zoning Code Sections 78- 350, 78-1403, 78-1680, and 78-1700, for property located at 1750 Shadywood Road, with the hardcover variance being denied. VOTE: Ayes 4, Nays 0. 21. #16-3875 PILLAR HOMES ON BEHALF OF WHITNEY WINDMILLER AND GREG BLASKO, 3295 CRYSTAL BAY ROAD — VARIANCES — RESOLUTION NO. 6695 Barnhart stated the applicants are proposing to remove the existing one-story walkout basement home and replace it with a two-story walkout basement home. Variances from lot area, lake yard, rear yard, and structural coverage are being requested to build the designed home. The proposed home would extend into the required lake yard by 11 feet, reduce the rear yard setback to 11 feet, and include 17 percent structural coverage where 15 percent is permitted. There is an existing water main that cuts through the west side of the lot and further impacts the buildable area. This water main is not within an easement. At the request of the City Engineer, the applicants are providing an easement to protect the water main if the variance is approved. The Planning Commission reviewed this application at its October meeting and held a public hearing. Two comments have been received regarding the variances and were generally in support of the variance. There was a concern expressed by the neighbors about the impact to the access lane. The Planning Commission voted 5-0 in favor of the variances and recommended conditions to protect the access drive and formalize the water main encroachment. Walsh stated he would have consented this item but he did not see in the resolution any language about the easement or the gravel driveway. Page 23 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 21. #16-3875 PILLAR HOMES ON BEHALF OF WHITNEY WINDMILLER AND GREG BLASKO, 3295 CRYSTAL BAY ROAD — VARIANCES — RESOLUTION NO. 6695 (continued) Barnhart stated the easement for the water main is a separate document and that has been taken care of. Barnhart noted that was received after the Council packet was prepared. McMillan stated she had no problem with the application. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6695, a Resolution Granting Variances to Municipal Zoning Code Sections 78-350 and 78-1403 for Property Located at 3295 Crystal Bay Road, File No. 16-3875. VOTE: Ayes 4, Nays 0. *22. #16-3876 STONEWOOD, LLC, ON BEHALF OF LUKE BELTNICK,1380 ORONO LANE, VARIANCES — RESOLUTION NO. 6696 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6696, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1281, 8-1282, 78-1605, and 8-1680, for the property located at 1380 Orono Lane, File No. 16-3876. VOTE: Ayes 4, Nays 0. 23. TIM AND LORIE LINE PIANO RECITAL, 4415 FOREST LAKE LANDING, UPDATE Barnhart noted in September the City Council reviewed a home occupation request from Tim and Lorie Line. At that time the Council denied the request feeling that it was inappropriate for the residential neighborhood. Since then Staff has shared with the Lines that they do not have permission to operate any events as they have identified earlier. The Lines have informed Staff that they are not charging admission for their event so it would not be considered a home occupation based on a strict reading of the City ordinance. Barnhart stated technically it does not fall within a special event which somewhat ties Staff's hands for enforcing the ordinance. At this point Staff's recommendation is to initiate an amendment to the City's special event permit as it relates to the definition of a home occupation and how the review is to be done to hopefully address any future events in 2017. Barnhart stated in his view it would be beneficial to review the ordinance. Barnhart noted the City cannot compel the Lines to appear. Knowing that there are some neighborhood concerns, the Police Chief does recognize the concern and will step up patrols in that area and make sure it is not a problem. Staff will share that information with the Council as the need arises. Walsh asked if the Lines have come up with a parking plan. Walsh indicated he has heard the church is not going to allow parking in their lot and that if there are more than 20 cars parked on the public street that would require a special event permit. Barnhart indicated he did ask the Lines to share that with the City but he has not received it as of this time. Barnhart concurred that if more than 20 cars are parked on the public street, it would require a special event permit. Walsh asked if the residents could call the police department and request that some no parking signs be erected in their yards. Page 24 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 23. TIM AND LORIE LINE PIANO RECITAL, 4415 FOREST LAKE LANDING, UPDATE (continued) Barnhart stated if there is a public safety concern, such as blocking fire hydrants or driveways that would be justification for the police department to react. Barnhart stated he hopes the police department would be on active patrol. Walsh stated he would just like the neighbors to know that this is a possibility since no parking plan has been submitted to date. Walsh stated the Council needs to move forward on this and that they have talked about amending the ordinance and code issues. Barnhart indicated this item will be on the November Council work session and will be a high priority. McMillan stated she has received a fair amount of complaints this summer about fireworks on Lake Minnetonka on Sunday nights. McMillan stated that would also fall under the special event permit and that there should be some discussion on whether there needs to be some type of notification process. McMillan asked if anyone from the public would like to comment on this item. Stacey Schoenzeit, 4480 Rest Point Road, stated she realizes the City Council has reviewed this before and denied it. Schoenzeit stated the neighbors do not understand how the paid concert events taking place from this Thursday through next Wednesday that were originally advertised on the Lines' website have been taken off and can now be misconstrued as not being business. Schoenzeit stated it is a commercial concert. Schoenzeit questioned where the proof is that the Lines have not gotten paid for the concerts or that they have refunded the money. Schoenzeit asked where the proof is that it is now family and friends that will be attending versus what was publicized. Schoenzeit stated the Lines originally advertised it as a professional use of their home and that it is nothing but semantics. Schoenzeit stated it is the same people, the same nights, the same parking issues, and that nothing has changed but is simply semantics. Schoenzeit stated the neighborhood is also wondering if the police can come and tell the Lines that they cannot do this. Schoenzeit stated it is in violation of everything the Council voted against. Schoenzeit asked how the City will enforce what has already been denied. Schoenzeit requested the Council to please change the ordinances. Schoenzeit stated they know the Lines would like to hold these private concerts again in 2017 and that there will be more than 20 cars and over 50 people for each of these events. Schoenzeit noted the Lines have already done it for 15 nights and that their street cannot handle it. McMillan stated it is a challenge and that the Council will need to figure out how to enforce it. Walsh stated the City has not encountered a situation like this where someone has manipulated the code, which is forcing the City to tighten up the language. Walsh noted if somebody wants to rent their dock out and the City cannot prove money is changing hands, the City cannot enforce that either. Page 25 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 23. TIM AND LORIE LINE PIANO RECITAL, 4415 FOREST LAKE LANDING, UPDATE (continued) Loren Schoenzeit stated one of the concerns is that they are the same dates, the same customers, and the same residential property being used for the exact same events with the same number of cars. Schoenzeit noted the previous events resulted in cars overflowing the 25 -stall church parking lot which resulted in the church telling the Lines that they cannot use their parking lot. Schoenzeit stated the Lines have managed to find a way to call it something different. Schoenzeit noted if someone were to request a variance application, the City does not let the applicants fill out their own hardcover sheet but it has to be signed by a surveyor. Schoenzeit stated the City said no to the special event permit. Schoenzeit noted the code also says six special events but the Lines have had 15 commercial concerts. Schoenzeit stated the fact that they are not exchanging money is irrelevant. Schoenzeit stated if this was a birthday party or a graduation, they would not be here, but this is a commercial activity whether money is changing hands or not and that the neighbors are looking to the City to enforce the resolutions that have been passed. Comick stated Stacey brought up a good point by asking whether there is any verifiable evidence that the Lines are not collecting money. Barnhart stated the City is not in a position to prove that and that Staff has to go by what the ordinance says. Based on what Staff knows, the Lines are not in violation of any section of the ordinance. Barnhart stated noise and parking could be an issue and that those things will be observed. Barnhart indicated the City has to wait for a violation to occur before the Lines can be cited for it. Barnhart noted the Council will be discussing the special event permit at their November work session. Walsh suggested the City receive an update from the Police Chief at their work session. Stacey Schoenzeit noted two neighbors have previously contacted the police and that they did not get any response. Walsh stated the Police Chief has told him that they will be doing extra patrols in the neighborhood. Poehler stated the resolution that was passed was based on a commercial event and that the City needs evidence that it is not that. Poehler stated the City has the testimony of the Lines that they are not charging anything, and because of that, it is no different than somebody having a parry at their house. Stacey Schoenzeit asked if the fact that it was on their website and they sold tickets counts for anything. Poehler stated it would be a misdemeanor and that the City has a higher degree of proof when it comes to a criminal matter. Poehler stated to her understanding the City does not have any proof to the contrary. *24. AUTHORIZE CONTRACT DEMOLITION, 3907 CHERRY AVENUE Printup moved, Cornick seconded, to accept the bid to demolish the home at 3907 Cherry Avenue. VOTE: Ayes 4, Nays 0. Page 26 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Walsh stated he would like to thank his supporters and that he looks forward to 2017. Walsh thanked Mayor McMillan and Council Members Cornick and Levang for their work on the City Council. Cornick indicated he had nothing to report. Printup stated he had nothing to report. McMillan stated she would like to thank City Staff for overseeing the election process. McMillan stated it was a big election year and that Staff did a good job at managing the issues that arose with the iPads. McMillan stated she appreciates all their work which allowed the election to run as smooth as possible. McMillan congratulated Council Member Walsh on being elected mayor and Victoria Seals and Richard Crosby on being elected to the City Council. McMillan reported she attended the Highway 12 Safety Coalition meeting on November 3. The concrete barrier has been installed and reflectors will be installed on the concrete barriers. MnDot is also looking at installing a concrete barrier west of Highway 6 to Highway 29 in Maple Plain. McMillan stated that section of the highway will be more difficult to install barriers due to the narrowness of the road. McMillan noted MnDOT spent $3.2 million on Highway 12 in 2016, which consisted of $2.3 million on the barrier, $800,000 for turn lanes near Highway 92, and $100,000 for lighting. McMillan reported she has received a lot of thank you' s from the residents regarding the concrete median and that some people have said they have started driving that road again since they now feel safer. CITY ADMINISTRATOR'S REPORT 25. OFFICIAL CALENDARS *a. Proposed 2017 Official Calendar *b. Proposed 2017 Planning Commission Liaison Calendar C. Council Liaison to Park Commission Meetings in 2017 Walsh stated he would like to table Item 25c until the beginning of the year. Printup moved, Cornick seconded, to approve the 2017 Orono Official Calendar. VOTE: Ayes 4, Nays 0. Printup moved, Cornick seconded, to approve the schedule for Council attendance at Planning Commission meetings during 2017. VOTE: Ayes 4, Nays 0. Walsh moved, Printup seconded, to table the schedule for Council attendance at Park Commission meetings during 2017 until January. VOTE: Ayes 4, Nays 0. Page 27 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. *26. CLAIMS/BILLS Printup moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Attorney Poehler stated she has nothing to report. 1 �11J 7�lu I �I�Y�I Printup moved, Cornick seconded, to adjourn the Orono City Council meeting at 9:39 p.m. VOTE: Ayes, Nays 0. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 28 of 28 REQUEST FOR COUNCIL ACTION DATE: November28,2016 ITEM NO: 3 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson Public Hearing Title Finance Director Y"_4 Item Description: Proposed 2017 Fee Schedule Attachment: A. Proposed 2017 Fee Schedule Ordinance B. Summary Ordinance The City updates its fee schedule annually. As part of this process the Council has chosen to hold a public hearing to discuss proposed changes in the Fee Schedule for 2017. Fees for water, sewer, and storm water have been set based on a rate study completed in 2008 by the City's financial advisors. The rate study was updated by staff in December of 2013. Proposed Utility Rate Changes • Page 27 - Municipal Sewer Rates. A 4% increase for the Utility Service Rates is recommended effective the 1St Quarter of 2017. The increases are necessary to cover system maintenance. • Page 27-28 - Municipal Water Rates. A n 11 % increase for the Municipal Water Rates to cover infrastructure needs. • Page 29 - Recycling Rates. Recycling fees are recommended to increase by 2.9% to cover the increase in charges from Waste Management. • Page 29 - Storm Water Rate. Storm Water fees are recommended to increase by 10% to accommodate maintenance needs. Other Proposed Fee Schedule Changes • Page 7 - Commercial Site Plan Review. By statute the fee is set at 65% of the Building Permit Fee. • Page 9 - Back Flow Preventer Registration ($10.00). This new fee is to cover the costs of maintaining a back flow preventer database to track compliance with annual testing requirements. • Page 9 - Replacement of residential Fixture or appliance has been removed. This fee was rarely collected because homeowner's generally do not come in for a permit when replacing appliances stoves, washers, dryers. • Page 11-15 - Water and Sewer Connection Charges is being deleted and replaced by pages 17 - 18. This is to simplify the fee schedule and remove fees that are rarely if ever charged. • Page 17-18 -Water and Sewer Connection Charges. A simplified connection fee for new water and sewer connections into an existing utility line. The amount is calculated using the net infrastructure value divided by the current number of connections. 0 Page 17 - Connect to sewer system in adjacent city. The Wayzata connection charge is being adjusted to reflect their 2017 connection fee. • Page 18 - Connect to water system in adjacent city. The Wayzata connection charge is being adjusted to reflect their 2017 connection fee. • Page 18 - Water Meter & Horn Fees. The fee schedule is being changed to "current cost" instead of an identified amount. The cost of meters is not known until after the 13t of the year. As a result, the amount indicated in the schedule is rarely correct. • Page 19 - Fence Viewers. The City has exempted itself from the Fence Viewer requirement. This fee is no longer needed. • Page 30 - Golf Rates. A non-resident rate of 15% to 60% is being proposed. The rational for this is based on the fact that Orono tax payers are subsidizing the course though their property taxes. • Page 31 - Street or Traffic Signs. This is an outdated fee that is not being collected. COUNCIL ACTION REQUESTED: Consider a motion to adopt the attached Ordinance adopting the City's Fee Schedule for 2017 and Summary Ordinance for publication. ORDINANCE NO. THIRD SERIES AN ORDINANCE ADOPTING THE 2017 FEE SCHEDULE AND AN ORDINANCE REPEALING ORDINANCE NO. 161, THIRD SERIES The City Council of the City of Orono ordains: SECTION 1. Ordinances Repealed. Ordinance No. 148, Third Series, entitled Amended 2016 Fee Schedule is hereby repealed. The City Council of Orono per Section 2-171 of the Municipal Code hereby ordains the following fees effective during the calendar year 2017: SECTION 2. Fees. ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Applicants are responsible for all consultant charges incurred. Consultant charges will be billed separately. Application Type Fee VARIANCE Base Fee (Additional variances included in base fee) $ 700.00 Variance Extension (no change from original approval) l' Extension (Administrative approval) $ 50.00 2°d and each subsequent extension (Council approval) $ 350.00 After -the -Fact Fees Double Application Fee Application Escrow: New Home/Addition/New Structure $2,500.00 Other Variance $ 700.00 Exempt: Sign CUP/Var; Guest Apt/Guest House CUP; Plbg in Accessory CUP CONDITIONAL USE PERMIT (One charge per project) Residential Accessory Use (Animals, etc.) $ 700.00 Institutional Use (School, Church, etc.) $ 700.00 Duplex Credit (per building) $ 700.00 Guest House/Guest Apartment $ 700.00 Commercial/Industrial Use $ 700.00 Non -Conforming Use (Finding of Similar Use) $ 700.00 Land Alteration: - Grading & filling - designated wetland/floodplain $ 700.00 + permit - Grading, filling, etc. (over 500 cubic yards) $ 700.00 + permit - Sea walls, retaining walls within 0-75' Lakeshore $ 700.00 + permit Application Escrow (any of the above) $ 700.00 Amend Existing CUP $ 700.00 Renewal Conditional Use Permit $ 350.00 (no change from original application) Conditional Use Permit with Variance (included in base CUP fee) After -the -Fact Fees Double Application Fee Applicable Application Type - ZONING APPLICATIONS (CONT.) Fee PLANNED DEVELOPMENT RPUD or PRD Application with Subdivision Subdivision Fee plus $35.00 per dwelling unit Applicable Code Section Sec. 78-42; 78-96 thru 99; & Sec. 78-129 Res. #1306 Sec. 78-42 Sec. 78-42; 78-913 Sec. 78-42 Res. #1306 Code Section 2017 Fee Schedule -Page 1 RPUD or PRD Application without Subdivision PID Applications (5 acre minimum per code) PUD Rezoning (Highway 12 Corridor Only): Residential C ommerciallIndustrial Application Escrow COMMERCIAL SITE PLAN REVIEW Application Escrow (new building) Application Escrow (minor modification existing building) ZONING AMENDMENTS INCLUDING REZONING Escrow REQUEST TO AMEND COMPREHENSIVE PLAN Escrow $50.00 per dwelling unit (minimum $600.00) $200.00 per acre (minimum $1,000.00) Ch. 78, Article VI $700.00 + $40.00 per dwelling unit Sketch Plan (Class I, II, & III) $200.00 per acre Sec. 82-85 (min. $875.00) $700.00 $10,000 minimum Sec. 78-42 $700.00 + Consultant Fees Sec. 78-42 $10,000 minimum Sec. 78-42 $2,500 minimum Sec. 78-42 $700.00 + Consultant Fees Sec. 78-42 $700.00 $700.00 + Special Legal/Engineering/ $700.00 + Consultant Fees Sec. 78-42 $700.00 Renewal of Subdivision Approval SUBDIVISION Sketch Plan (Class I, II, & III) $350.00 Sec. 82-85 Basic Subdivision Application $700.00 Sec. 82-112 (a)(b), 82-15 (Class I & II Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Plat Review $850.00 + $30.00/lot Sec. 82-112 (c) (Class III and all non-residential) Final Plat Review $700.00 + Special Legal/Engineering/ Consultant Charges Sec. 82-142 (9) Renewal of Subdivision Approval $350.00 (Class I, II & III, and Subdivision of a Lot Line Rearrangement) (No Change from Original Approval) Application Escrow $2,500 minimum -no public Sec. 78-42 and 82-47 (All Class II and III Subdivisions, and any Class I Subdivision or Lot Line Rearrangement improvements that involves improvements subject to a Development Agreement) $10,000 minimum with public improvements ZONING APPLICATIONS (CONT.) Application Tyne VACATIONS Public Road Easement Vacations with Subdivision Applications Easement Vacations not Associated with Subdivision Applications Escrow Fee $100.00 per benefiting property ($700.00 minimum per application) $200.00 $700.00 + Consultant Fees $700.00 Applicable Code Section Sec. 78-42 Sec. 78-42 Sec. 78-42 2017 Fee Schedule -Page 2 EASEMENT CREATION Easement Creation with Subdivision Application Easement Creation not Associated with Subdivision Application Escrow SPECIAL IMPROVEMENTS Non-refundable charges for City Engineer's review for applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads Proposed Public Roads Request for City to accept existing private road Request for City to maintain unimproved public road Proposed Sanitary Sewer Main Extension Proposed Watermain Extension Proposed Storm Sewer System (excluding culverts) On -Site System - Site Evaluation Review (applicable to rural subdivision applications) APPEAL OF ADMINISTRATIVE DECISION (no fee) $700.00 + Consultant Fees Sec. 82-15 (a)(3), 82-112(a) $700.00 Sec. 82-213 (4) $650.00 plus 50iflineal foot $950.00 plus 50611neal foot $950.00 $225.00 $275.00 plus $25.00 per stub $275.00 plus $25.00 per stub $250.00 $ 60.00 per new lot proposed for on-site S 50.00 Sec. 78-99, 2-41 2017 Fee Schedule -Page 3 ZONING APPLICATIONS (CONT.) Aaalication Tvae INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: SERVICE RATES, SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule set forth below: Professional Time Clerical Time Legat/Engineering Consultants Mileage/Copies/Postage/Etc. AFTER -THE -FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip -rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all zoning permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after -the -fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after -the -fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After -the -Fact Investigation Fee Amount: Fee Applicable Code Section 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/administrative expenses Sec. 75-9, Sec. 78-42 $ 50.00/hour $ 30.00/hour Actual Billed Cost Actual Cost Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount). Res. 1306 2017 Fee Schedule -Page 4 ZONING APPLICATIONS (CONT.) Applicable Fee Code Section PARK DEDICATION FEES I Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. The City Council has established by resolution a minimum residential park fee of $3,250 per dwelling unit and a maximum of $5,550 per dwelling unit. Sec. 82-227 Res. 4738 (12-10-01) The City Council has established by resolution a minimum commerciallindustrial park fee of Res. 4739 (12-10-01) $8,125 per acre and a maximum of $13,875 per acre. 2017 Fee Schedule -Page 5 ZONING APPLICATIONS (CONT.) Applicable Fee Code Section STORM WATER AND DRAINAGE TRUNK FEES 5% Sec. 14-281 thru 14-287 Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the land use and acreage of the property being developed. An equivalency factor multiplier is assigned to each land use type, with a 2 -acre residential lot considered as the standard in the City with an equivalency factor of 1.0. The table below lists the storm water trunk fees per acre for the various zoning districts and land uses in the City. Storm Water and DrainaEe Trunk Fees (amended Julv 2015) New Development Land Use Trunk Fee per Acre Maximum Trunk Fee per Lot Single Family Residential 5 Acre Zone $3,230 $15,375 (1),(2),(4) Single Family Residential Acre Zone $4,030 $7,680 (1),(3),(4) Single Family Residential 1 Acre Zone $5,250 $5,000 (1),(5) Single Family Residential 1/2 Acre Zone $6,050 $2,883 (1),(6) Multi Family Residential 4 Units/Acre or Less $7,275 NA (7) Multi Family Residential Greater than 4 Units/Acre $8,490 NA (7) Commercial or Industrial $9,690 NA 1. Trunk fee charged on per lot basis. For the 5 -acre, 2 -acre, 1 -acre and 1/2 -acre zoning districts, the trunk fee shall be charged on a per -lot basis. Only acreage platted as building lots shall be charged the trunk fee. Acreage platted as road -rights-of-way or out lots for other purposes shall not be charged the trunk fee. The dollar amount calculated by multiplying (a) the number of new lots by (b) the zoning district base acreage per lot by (c) the base trunk fee per lot established in the City Fee Schedule, shall be deemed the Base Development Trunk Fee. 2. Maximum fee. For the five -acre zoning district, any lot exceeding 5.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 5.0 acre parcel. 3. Maximum fee. For the two -acre zoning districts, any lot exceeding 2.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 2.0 acre parcel. 4. Fee Credits. For the two -acre and five -acre zoning districts, a combined reduction of up to 50% of the Base Development Trunk Fee shall be allowed for the percentage of the total development property acreage in one or more of the following categories: acreage of newly -created wetland. acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the development site. acreage of conservation easements resulting from Conservation Design process. 5. Maximum fee. For the one -acre zoning districts, any lot exceeding 1.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 1.0 acre parcel. 6. Maximum fee. For the 1/2 -acre zoning districts, any lot exceeding 0.5 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 0.5 acre parcel. 7. Multi -family and High -Density Single Family Developments. Trunk fee shall be charged on a per -acre basis, except that the following acreages will not be subject to the trunk fee: all wetland acreage up to the delineation line acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the development site. acreage of conservation easements resulting from Conservation Design process 2017 Fee Schedule -Page 6 CONSTRUCTION PERMITS AND INSPECTION FEES Permit Type BUILDING PERMIT Fee Applicable Code Section TOTAL VALUATION FEE* $1.00 to $500 $26.25 $501.00 to $2,000.00 $26.25 for the first $500.00 plus $3.41 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $77.40 for the fust $2,000.00 plus $15.49 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $433.67 for the first $25,000.00 plus $11.29 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $715.92 for the first $50,000.00 plus $7.88 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1109.92 for the first $100,000.00 plus $6.30 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,629.92 for the first $500,000.00 plus $5.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,254.92 for the first $1,000,000.00 plus $4.20 for each additional $1,000.00, or fraction thereof * Minimum $50.00 permit fee per City Ordinance Minimum Fee Normal Fee Plan Review Fee: Commercial Residential Building Valuation Standard Retaining Walls $ 50.00 Ord. 216 (per 2008 Building Permit Fee Table Based on Valuation) (per 2014 Building Permit Fee Table Based on Valuation) 7-0-65% of Building Permit Fee (per Current I.C.B.O. Building Standards/Building Valuation Data) $25.00 minimum 2017 Fee Schedule -Page 7 Permit Tvae NOTE: Retaining walls in 0-75' lakeshore protected zone - see Cond. Use Permit section of fee schedule. Application Escrow: Grading, Excavation and Filling Application Escrow: New Home/Addition/New Structure *includes Erosion Control per Section 79 TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW (winter conditions) DEMOLITION PERMIT Principal Structure Accessory Structure Application and Erosion Control Escrow ENCROACHMENT PERMIT/ENCROACHMENT AGREEMENT TENT/CANOPY PERMITS WETLAND BUFFER ESCROW ZONING PERMIT DOCKS - RESIDENTIAL [Permanent (CUP Required) and Initial Seasonal] DOCKS - COMMERCIAL Application Escrow: Grading, Excavation and Filling *includes Erosion Control per Section 79 GRADING, EXCAVATION, FILLING/LAND ALTERATION 501 + cubic yards NOTE: 501 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. Application Escrow: Grading, Excavation and Filling *includes Erosion Control per Section 79 Fee Applicable Code Section (per 2008 Building Permit Fee Table Based on Valuation) $2,000.00 $2,500.00 minimum $10,000 Ord. 42, 3 I Series Ord. 42,3" Series Ord. 216 $75.00 Initial inspection $25.00 for each requested or required inspection beyond initial inspection $ 50.00 Initial inspection $2,500.00 $150.00 $50.00 $2,000.00 minimum 78-1601 (c); 78-1605 Amount to be determined based on project $50.00 $50.00 + engineering charges $2,000.00 $50.00 + Conditional Use Permit $2,000.00 Ord. 42, 311 Series Ord. 42, 3`a Series 2017 Fee Schedule -Page 8 500 cubic yards or less CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Permit Type ZONING PERMIT (CONTINUED) STAIRWAY TO LAKE Application Escrow: Grading, Excavation and Filling *includes Erosion Control per Section 79 TREE REMOVAL WITHIN 0-75' WALLS — Not requiring a Building Permit NOTE: 501 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit STRUCTURE PERMIT — Including but not limited to accessory structures, decks and platforms not requiring a Building Permit Application Escrow: New Structure *includes Erosion Control per Section 79 Applicable Fee Code Section $50.00 + engineering charges $2,000.00 Ord. 42, 31" Series NO FEE Sec. 78-281 thru 78-283 Grading Permit required $50.00 + engineering charges $2,500.00 Sec. 78-42 PLUMBING PERMIT 1.25% of contract price or Minimum Fee for Plumbing Permit $ 50.00 minimum per project Back Flow Preventer Registration $ 10.00 Sec. 603-4 State Plumbing Code Replacement of r-esidentialfixtur-eor—appliance (meets eedeT1900 Mail -in postage & handling charge $ 2.00 MECHANICAL PERMIT Residential, Single Family & Duplex by Unit Type Minimum Fee for Mechanical Permit 1.25% of contract price or $ 50.00 minimum per project ReplaeeMent Of r-PPsidPR�, rXtUFA OF appliance (meets coder Rs) M5.00 Mail -in postage & handling charge $ 2.00 Under Ground Tank Removal Per mechanical permit fees Commercial, Industrial & Multi -Family Residential by Unit Type $ 50.00 minimum fee or 1.25% of contract price 2017 Fee Schedule -Page 9 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Permit Type MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer SAC (Sewer Availability Charge) -Determined by MCES Water Horn including sales tax Mail -in postage & handling charge (sewer and water permits only) Fee $ 50.00 $2,485.00 $ 50.00 Quote Basis $ 2.00 Applicable Code Section 2017 Fee Schedule -Page 10 Fee Conneetion to Long Lake Sewer- System $1,900.00 2f peF curFeHt Long Lake Fee Schedule, whichever is higher C -on semi,. to Wayzata Sewer- w System $602.00 o per eurrent Wayzata Fee Schedule .. hieheve is high ..- By Distriet Projeet Unit Charge ATe0 Credit To Area e��nn 0000 $6,799.99 (4) tncc�ze � ---- S6.700_0 04 19654. S 1,A, $6_, O0.0700 nn (4) 49674.S4 X00 eW720_�o�n 0000 04 ems, _0070 nn (44 1970 LS 1 Saga HiRec cee nn moo(14 1971 1-8 1 Dunwoody x,$37..99 (4} i n� Q'—-n� (1) 2017 Fee Schedule -Page 11 2017 Fee Schedule -Page 12 e1�0w (14 1990 1 Orono 1 Are X99 f e11 inn nn moo 1980 2 North Shore Drive.4-i catch -Pime Lame ez�000 (4) I Q91 I North Rho(4) el�fzcn N 1982 !A Novar-r-e e' .00 TFunk A....A ....n �'l�r'JBgv� /1\ C�7 1993 1B Nfly..a.... iTtil:ties North...-n A.......... $600.00 (tFunk Uni a- $3,990.00 Per- Aer /1\ l / 1985 1 Crystal Baye 1 (14 1983 1 Highway 12 Orono Long LaRe Medina e 1---&4-,730-.00azn nn w (44 $6143W— 4992 Stubbs Bay Sewe 1 Stubbs Bay NEAW Bayside 11 Bedepwood M 8...,..:,1e lVo..al. 11' OY"..a $19,750.00 $30,580.00 ez�c�nn nw X00 f (44 (1) (� 2017 Fee Schedule -Page 12 97 1 North r r rt r r r $26,280.00 (L) 97 2 Bracketts Point $43,760.00 9744ay4Udge $23,360.00 1998 Sher-eline4feritage-Sewer $22,440.00 (7) 00- 1 Orono OrGhArd c,....pr $29,570.00 $17,570.00 2000 4 Webber Hitts S9,580.00- (,g) 2000-XT--R1dge $24,140.00 2000 3 East Long Lake $16,790-.0 2000 Little OrehardAVay To be determined by Engineer (2) 2003 1 North Long-Lake-EmA e15�00 2003 z nu Long rake Road e 9,130.00 M 2003 3 Sixth Ave N�Brown Rd (PhiHip*) et i�4n_w0 R) 2017 Fee Schedule -Page 13 2004 North Long Lake East Extension $14,610.00 (114 2004 West Farm/Homestead e � 8,765.00 00 2005 1 VI]..1.beF 1-4-011s/S; Hr -o ffl Rd L`..k 511 7�_i _� _280o000 nn 04 15,940.08 (4) 2006 SEWER 2006 1 inmestown Road $14,110.00 !l 2007 SEWER 2007 v.....4ew Lane Sewer- $10,650.00 (� 2010S ML uic1504 2010 moot. Farm Road S9-288 (� 2017 Fee Schedule -Page 14 $ 249_99 1 $3,420.00 NOW UTILITY PROJECTS 4= 6.250%, 2009 Alyrai,... ood Utility r..,..ro ,.ntei.tom e�onQn i(4) 2016 Fee Schedule -Page 15 Fee Conneetion to Long Lake MInteF System $1,900.00 2f per current Long Lake Fee Schedul Connoption to Wayzata Water- 83 stem $2,165.per-00 Wayzatann 2 nt Fee Sebedule By Distriet Projeet Unit Charge Area Or Aereage Front Foo Credit To Airea- 1967 rix 1 Highway 12/C 7stal Bay a e�00 $ 42.40 (1) Rend $41q" 1970 T 117 1 N....... fe tesi 1..." $4-4" /1/ \ 1970 11.41 1 N......FFe C-On..ffeF.A..1 &4,240,00 � $-42-.544 1 \8 (,9ih� T" `/ 11 1989 Highway 4-2 /aei!e [(4 )47 2017 Fee Schedule -Page 16 ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES Connection fees have been determined as a way to provide a fair and equitable recovery of the costs associated with providing water and wastewater utility services to new customers to avoid placing these costs on existing customers. The connection fee includes those portions of existing assets that will benefit new customers together with any anticipated future capital improvements constructed for the purpose of providing utility services to new customers. The connection charge applies to those properties not previously assessed for the associated utility project. SEWER PROJECTS Connection to existing City Sewer Systems: $5,100 Connection to City Sewer in areas still within their assessment window (less than 15 years since project was assessed) shall pay a prorated amount equivalent to the assessment residences were charged at the time of the project: Connection to sewer system in adjacent city Fee 2003-1 North Long Lake East $15,460.00 2003-2 Old Long Lake Road $ 9,130.00 2003-3 Sixth Ave NBrown Rd (Phillips) $11,940.00 2004 North Long Lake East Extension $14,610.00 2004 West Farm/Homestead $ 8,765.00 2005-1 Webber Hills/S Brown Rd Ext $13,280.00 2005-1 Dickey Lake Dr N $15,940.00 2006-1 Jamestown Road $14,110.00 2007 Farview Lane Sewer $10,650.00 Connection to sewer system in adjacent city 2017 Fee Schedule -Page 17 Commented [AE1]: Simplified connection charges. New charged based on portion of overall system value divided by number of properties connected to the system. Fee Connection to Long Lake Sewer System $1,900.00 or per current Long Lake Fee Schedule Connection to Wayzata Sewer System $60200 $632.00 or per current Wayzata Fee Schedule 2017 Fee Schedule -Page 17 Commented [AE1]: Simplified connection charges. New charged based on portion of overall system value divided by number of properties connected to the system. WATER Connections Connection to existine City Water Main: $4,240 CONNECTION TO WATER SYSTEM IN ADJACENT CITY Fee Connection to Long Lake Water System $1,900.00 or per current Long Lake Fee Schedule Connection to Wayzata Water System JIL75.00 or per current Wayzata Fee Schedule Water Meter & Horn Fees 5/8" (3/4"x7-1/2") meter with horn including sales tax (Expee4ed to increase 101,4 $ 34467 o current cost Res. #5101 3/4" (3/4"x9") meter with horn including sales tax (E.,..,.. ted to iner. ase 1014) a 1�oc current cost I" meter with horn including sales tax (Exp .eted to iner-,...se 101%) $ ""mor current cost Larger meter Quote Basis SEWER AND WATER UNIT ADJUSTMENT CHARGES CHARGES Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer and water. CREDIT Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use. UNIT CHARGE Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. 2017 Fee Schedule -Page 18 CONSTRUCTION PERMITS AND INSPECTION FEES Permit Type ON-SITE SYSTEMS Design Review Fees Subdivision Site Evaluation Report Review Residential System Permit: Repair existing system New/Replacement System Non -Residential System Permit: New or Total replacement Annual Septic Fee SIGNS Temporary Permanent VEHICLE STORAGE PERMIT CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Permit Tvae SPECIAL INSPECTION CHARGES Fence Viewers Site Inspection without permit (when called by owner) Inspection surcharge for work or application on Big Island or Deering Island Reinspection fee after failure to comply with Building, Septic or Zoning Code Correction Notice - 3rd trip Applicable Fee Code Section Ch. 58, Article II Included with permit fees $ 60.00/per new lot $100.00 400.00 + $20.00 per each inspection over 3 (Includes outhouse on Big Island) $200.00 + $20.00 per each inspection over 3 $45.00/per year plus an additional $10.00 fee for late penalty plus 8% interest for unpaid charges certified $ 35.00 $ 50.00 Minimum $35.00 $50.00 Fee $ 30.00 $ 30.00 $30.00 per trip + boat rental if transportation is not provided by owner $ 30.00 per trip + $30.00 per hour after 1st hour Sec.78-1577(C) Applicable Code Section 2017 Fee Schedule -Page 19 FIRE PROTECTION Fire Prevention Inspection Fire Code Permits Commercial Fire Alarm Plan Review Fee Fire Sprinkler Systems - Commercial Kitchen Fire Extinguishing System - Commercial LAWN SPRINKLER SYSTEM BURNING PERMITS Up to 5 times per year For Each Reinspection More than 5 times per year (for all organizations and individuals regardless of tax status) CONTRACTUAL INSPECTION SERVICE Monthly Retainer Fee (Includes clerical time) Inspection Charge Plan Review Charge Clerical Fee (Only charged if clerical use is excessive) LICENSES & MISCELLANEOUS CHARGES COMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Application & Inspection Fee (annual) plus: Late fee JOINT USE DOCK LICENSE Application Fee (Initial) Renewal Application Fee Plus each slip Late Fee Ord. 223 No Charge $50.00 Per 2008 Building Permit Fee Table Based on Valuation 65% of permit fee $50.00 minimum fee or 1.25% of contract price Surcharge based on valuation Per 2008 Building Permit Fee Table Based on Valuation $50.00 No Charge $ 20.00 $100.00 Per Contract $ 30.00 per month $ 30.00 per inspection Per 2008 Building Permit Fee Table Based on Valuation $ 20.00 per hour Applicable Fee Code Section $300.00 $200.00 $100.00 $ 50.00 $ 20.00 $ 2.00 $ 25.00 2017 Fee Schedule -Page 20 CANOE RACK RENTAL $40.00/slip GARBAGE HAULER LICENSE flat rate $ 75.00 Ch. 54, Article III - per hauler $15.00/truck - transfer fee $ 30.00 HOME OCCUPATION LICENSE (Level 2) $ 100.00 Initial Review Fee Sec. 26-76 $ 30.00 (Annual Review Fee) TEMPORARY TRAILERS & BUILDINGS $ 30.00 LICENSE ZONING DEPARTMENT DOCUMENTS $0.25 $1.00 2000-2020 Comprehensive Plan $ 75.00 Municipal Code Book - complete $ 60.00 w/binder (Ch. 1-94 w/revisions) Municipal Code Book - Portions $0.25 $2.00 Ch 78 only (Zoning Code) w/revisions $ 25.00 loose Ch 82 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ .25/page Binder $ 5.00 Comp. Plan Amendment #2 (Hwy 12) $ 5.00 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Document Type Fee Code Section GIS and City Maps 8'/:x11 11x17 17x22 2204 Black & white $0.25 $1.00 $2.00 $ 4.00 Color $2.00 $4.00 $8.00 $16.00 City Street Number Maps $0.25 $2.00 --- $ 5.00 Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses/Fines Gambling & Raffle Investigation $ 10.00 Ch. 38, Article II Massage Therapy License $100.00 Ch. 31, Article II Background Investigation $150.00 Annual Renewal $100.00 2017 Fee Schedule -Page 21 Solicitor/Transient Merchant/Peddler License Tobacco Licenses Licensee or Employee Violations within 24 month period 1st Offense 2nd Offense 3rd Offense & Over Penalty for Use of Tobacco Where Prohibited General Administrative Documents Listing Information Assessment Search - Written (Verbal searches not given) Fax Charge Copy Service (for public City records only) 11" x 17" copies Individual copies of Ordinance Sections (1 copy) Reprint of Oversized Documents that have been microfilmed Building Plan Copies Current Street Address Book LICENSES & MISCELLANEOUS CHARGES (CONT.) Document Tyne General Administrative Documents (Continued) Labels from Utility Billing System Electronic Labels Information Provided on CD Information Provided on DVD Mail -in Postage and Handling Charge Surcharge for Staff Expense in Excess of Regular Fees Professional Time Clerical Time Legal/Engineering Consultants Mileage/Copies/Postage/Etc. Returned Check Charge $100.00 plus actual costs Ch. 30 up to $1,500 $125.00 Ch. 50, Article I1 $150.00 $400.00 $500.00 $100.00 Sec. 51-5 $10.00 $ 20.00/parcel No charge up to 6 pages; $.25 each additional page $ .25 each $1.00 each No Charge Cost of copying service, Messenger service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) Cost of Copying, Messenger Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) $ 25.00 Fee Applicable Code Section $ .05 per label (approximately $150.00) $ 10.00 $ 10.00 per CD $ 20.00 per DVD $ 2.00 + actual cost if more than $2.00 $ 50.00/hour $ 30.00/hour Actual Billed Cost Actual Cost $ 20.00 2016 Fee Schedule -Page 22 KENNEL LICENSES Commercial Application & Inspection Fee (Annual) Residential Application & Inspection Fee (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE - RELEASE FEE First Offense Second Offense Third Offense After Hours, Weekend & Holiday Release Charge ANIMALS AT LARGE (Other than dogs) - Release Fee First Offense Second Offense Third Offense Trace & Catch Animal Trailer Charge CARE OF IMPOUNDED ANIMAL LICENSES & MISCELLANEOUS CHARGES (CONT.) Permit Tvpe Police Department Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor/3.2 Beer On Sale/ 3.2 % Malt Liquor Off Sale/Wine In state investigation Out state investigation Off -Sale Liquor License On -Sale Liquor License On -Sale Wine License 3.2 % Malt Liquor Off -Sale (Annual) 3.2 % Malt Liquor On -Sale (Annual) Setup (Annual) $150.00 Sec. 62-161 thru 62-185 $ 30.00 Sec. 62-104 $ 60.00 $ 80.00 $100.00 $ 75.00 Ch. 62, Article I $ 55.00 $ 65.00 $ 75.00 $ 35.00/hour $ 55.00 plus .31 mile (total distance) Actual Cost Applicable Fee Code Section $500.00 per License Ch. 34, Article II Collected at Application Actual cost up to $10,000 Actual cost $150.00 Sec. 34-66 $5,000.00 Sec. 34-66 $2,000.00 Sec. 34-77 $ 50.00 Sec. 34-66 $ 100.00 Sec. 34-66 $ 100.00 Sec. 34-126; 34-143 2016 Fee Schedule -Page 23 Club Liquor License (weekday) (Sunday) Temporary Set-up Permit (14 days) Temporary On Sale 3.2% Malt Liquor (1-7 days) Temporary Off -Sale Wine License (wine auction) Temporary On -Sale Wine License (1-4 days) Temporary On -Sale Liquor License (14 days) Liquor Violations (3 years immediately prior to date of most current violation) 1 I Violation 211 Violation 3r" Violation 4th Violation AMUSEMENT DEVICE LICENSES Per Establishment (Annual) Per Machine Fee PUBLIC DANCE LICENSE (annual) (Individual Permit) LARGE ASSEMBLY PERMIT (over 300 people) FIREWORKS PERMIT Display of Fireworks/Pyrotechnic Special Effects Sale and/or Storage of Consumer Fireworks LICENSES & MISCELLANEOUS CHARGES (CONT.) Application Type Police Department Administered FIREARMS DISCHARGE PERMIT Pest Control (limited use) Game Animals (limited use) Target Shooting (limited use) Annual (Club Only) LIMITED TRAPPING PERMIT SPECIAL EVENTS PERMIT $ 200.00 Sec. 34-66 $ 200.00 Sec. 34-66 $ 25.00/each Sec. 34-42 $ 25.00/each Sec. 34-82 $ 25.00/each Sec. 34-42 $ 25.00/each Sec. 34-42 $ 25.00/each Sec. 34-42 $500.00 Sec. 34-41 $1,000 & 3 day license suspension $2,000 & 2 week license suspension License revocation $100.00 + machine fee $ 25.00 each $100.00 $ 10.00 Sec. 38-601 thru 38-603 Sec. 38-501 thru 38-506 $200.00 + $60.00 each Sec. 38-801 thru 38-803 additional day; actual costs up to $1,500 Sec. 70-99 $ 50.00 $ 50.00 Applicable Fee Code Section Ch. 70, Article III $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 20.00 Sec. 70-71 $ 50.00 or $200.00 if over Ch. 66, Article VI 2016 Fee Schedule -Page 24 (Includes Parades, Noise Exemption, Use of Public Property) FALSE POLICE ALARM USER FEES First false alarm/calendar year Second false alarm/calendar year Third false alarm/calendar year Fourth false alarm/calendar year Fifth and over false alarm/calendar year FALSE FIRE ALARM USER FEES First false alarm/calendar year Second false alarm/calendar year Third false alarm/calendar year Fourth false alarm/calendar year Fifth & over false alarm/calendar year FINGERPRINTING SERVICE POLICE SPECIAL SERVICES (Officer 119 rate) Police Reserve Officers LICENSES & MISCELLANEOUS CHARGES (CONT.) Application Type Police Department Administered COPY SERVICE - Police Records First Two Copies Additional Copies PHOTOS 200 people; actual costs up to $1,500 Double fee if application not received 10 business days prior to event No Charge $ 50.00 $100.00 $150.00 $250.00 No Charge $ 75.00 $250.00 $350.00 $500.00 each call $ 25.00/application RESIDENTS ONLY (Citizenship No Charge) $100.00 per hour $25.00 per hour Fee Ch. 42, Article III Ch. 42, Article III Applicable Code Section $ 0.25 per page $ 0.25 each More than 100 pages (actual costs) $10.00 on CD "NO PARKING ORDER OF POLICE" $ 1.00 each 2016 Fee Schedule -Page 25 paper signs (no lath included) AUDIO CD's VIDEO DVD's STATEMENTS FIREARMS STORAGE FEES $ 10.00 each $20.00 $10.00 for CD & (transcribed copy or CD when available; subject to Data Privacy Act - will be charged an actual hourly fee) $50.00 per gun (Police Policy 3056) 2016 Fee Schedule -Page 26 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Applicable Application Type Fee Code Section Utility Service Rates - Effective beginning First Quarter 2016 Res. #5911 MUNICIPAL SEWER RATE by unit: 1st $139:40 144.98/per quarter 2nd $13330 128.13/per quarter by flow: $5.14 5.35/1000 gallon plus $1-3.33 13_86/per quarter/per connection Lona Lake Service Base Fee $20.80 21_63 /per quarter Flow $6.34 6.49/1000 gallon Wayzata Service Metered Service Base Charge $20.80 21_63/per quarter Flow $544 5.95/1000 gallon Unmetered Service $4.30 Per property $1-5932 165.90/per quarter Some Properties on Mytlewood and Old Long Lake Road are not connected to water. Wayzata bills Orono based on a quarterly usage of 25,000 gallons. Charge is based on the metered rates and 25,000 gallons. MUNICIPAL WATER RATES Navarre Area (Area #1) and Hwy 12 (Area #2) Billing & Ready to Serve Chg $38.34 42.56/qtr Water Usage Rate Residential Tier 1 (0-10,000 gal) $343 3.81/1000 gal Tier 2 (11-25,000 gal) $4.30 4.77/1000 gal Tier 3 (>25,000 gal) $645 7.16/1000 gal Multi Family Tier 1 (0-50,000 gal) $343 3.81/1000 gal Tier 2 (51-150,000 gal) $430 4.77/1000 gal Tier 3 (>150,000 gal) $6.45 7.16/1000 gal Commercial Tier 1 (0-50,000 gal) $343 3.81/1000 gal Tier 2 (51-150,000 gal) $430 4.77/1000 gal Tier 3 (>150,000 gal) $645 7.16/1000 gal Unconnected Property Chg $3834 42.56/qtr ready to serve/hydrant chg) 2016 Fee Schedule -Page 27 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) MUNICIPAL WATER RATES Chew Chase Area (Area #3) Billing & Ready to Serve Chg $34.75 27.23/qtr Water Usage Rate Residential Tier 1 (0-15,000 gal) $343 3.81/1000 gal Tier 2 (16-25,000 gal) $4.30 4.77/1000 gal Tier 3 (>25,000 gal) $6:45 7.16/1000 gal Federally Mandated Safe Drinking Water Testing Program (Charged per service connection) Quarterly Service Charge for Non -Functioning or Inaccessible Water Meter $ 6.36 per year on second quarter billing $ 50.00 Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Water Usage Rate $3 1-2 3.46/1000 gallons Billing $36•:58 40_60 Bulk sale - All Others - $25.00 per location plus area rate per/1,000 gallons. i.e. Fill swimming pool or watering sod. Penalty for late payment of sewer/water bills - 8% after 30 days from billing date (applied to the total unpaid balance). Interest at 8% on unpaid water/sewer bills certified. Charge for Unpaid Accounts Certified for Assessment $ 25.00 Water Turn -On $ 25.00 Minimum Water Turn-off $ 25.00 Minimum Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost Applicable Res. #5492 Ord. 218, 2nd Series 2016 Fee Schedule -Page 28 MUNICIPAL STORM WATER UTILITY RATES Sec. 14-251 thru 14-287 The basic intent of storm water regulations is to minimize the impact of development on natural drainage systems. Any development in an area will change the natural conditions by increasing the total volume of runoff and the level of pollutant loading. The storm water utility provides dedicated funds to operate, maintain, manage, construct or reconstruct the municipal storm water drainage system. Residential properties will be charged one residential unit fee for each residential unit on the property. Non-residential properties will be charged the appropriate number of residential unit fees based on the "Residential Equivalent Factor" for the property. One residential unit: $1829 20_12/per quarter Res. #5911 Non-residential unit: Based on "Residential Equivalent Factor" RECYCLING CHARGE $34.99 36_00/year Recycling Cart from Waste Management No Charge Res. 3011 SUMP PUMP SURCHARGE $100.00 per month Sec. 14-189 2016 Fee Schedule -Page 29 GOLF COURSE FEES - Effective Date: 2017 Season MONDAY THRU SUNDAY RATES Resident Non -Resident (15%) Individual (Regular) $ 16.00 18_00 Juniors (12 -18 years old) $10.00 12_00 Seniors (60 years or older) $ 13_00 15_00 Second Round $ 8.00 Children under 12 golf free with an adult SEASON PASS RATES (Unlimited Play) Individual Season Pass $425.00 489.00 Junior Season Pass (12 -18 years old) $260.00 299.00 Senior Season Pass (60 years or older) $325.00 374.00 Family Season Pass $560.00 575.00 (Entire Family*) * Family meaning: Immediate family living in the same household. Children must be 18 years old or younger. GOLF CART RENTAL RATES Motorized Cart Rental/Per Round $ 16.00 Pull Carts/Per Round $ 3.00 Golf Clubs/Per Round $ 3.00 FALL RATES (Begins 11' Monday of October) 1st Nine Holes Fall $ 10.00 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) 2nd Nine Holes Fall $ 5.00 Junior Fall (18 years or younger) $ 8.00 Senior Fall (60 years or older) $ 8.00 CONCESSION RATES As Posted PUBLIC WORKS SUPPLIES & SERVICES Address Change Request by Owner $ 50.00 per address Driveway Culverts On Quote Basis (sale only, not installed) Driveway/Curb-Cut Permits Individual Driveways $50.00/permit New Street Intersections (See zoning section - Special improvement fees) Non -Resident (60%) 26_00 16_00 21_00 680.00 416.00 520.00 800.00 2016 Fee Schedule -Page 30 75. Elevated Antenna Tower Lease (includes 10'x10' area if available) 1-5 Antennas $21,000 annually 6-10 Antennas $350/antenna/month More than 10 Antennas $375/antenna/month No Parking Signs (temporary without lath) $ 1.00 each On -Call Service to Other Cities $60 Base On -Call Fee $50/day Call -Out Fee Street or TTraffie Signs Based on actual wage and equipment rental rates $100.00/std. sign (sale inel...1... installation Water Meter Sales (See Building Permit Section) $60 Wetland Buffer Signs $ 8.00 ADMINISTRATIVE OFFENSE FEES (POLICE DEPARTMENT ADMINISTERED) Applicable Code or Application Type Fee MN State Statue (MSS) Number Traffic/Vehicle Offenses Unsafe Operation $60 66-259 Unreasonable Acceleration $60 66-258 Exhibition Driving $60 66-7 Failure to Obey Traffic Control $60 169.06 MSS Expired Registration $60 169.79 MSS Unsafe Equipment $60 169.47 MSS Loud Exhaust $60 169.69 MSS No Driver License in Possession $60 171.08 MSS Failure to Change Address on DL $60 171.11 MSS Driving to Avoid Traffic Signal $60 66-5 Snowmobile Violations Operation $60 66-159 Equipment $60 66-160 2016 Fee Schedule -Page 31 Hours of Operation $60 66-159 Animals $60 22-89 Dog at Large $60 62-104 Animal License Required $60 62-131 Feces Clean Up $60 22-95 & 22-114 Barking Dog $60 62-10 Public Nuisances $25 66-78 Public Nuisance/General Prohibition $60 70-4 Peace and Safety Violation $60 70-166 Discharge of Firearm $60 70-97 Open Burning No Permit $60 58-186 Negligent Burning $60 58-193 No Open Burning $60 58-193 Noise Loud Noise Prohibited $60 58-120 Park Violations Hours of Operation $60 22-89 Operating a Motor Vehicle within Park $60 22-92 No Permit $60 22-102 Feces Clean Up $60 22-95, 22-102 & 22-114 Signs Violations Violation of General Provisions $60 ADMINISTRATIVE OFFENSE FEES (POLICE DEPARTMENT ADMINISTERED), Continued Application Type Fee 18-4 Applicable Code or MN State Statue (MSS) Number Juvenile Curfew $60 70-274 Possession of Tobacco $60 609.685 Sub 3 MSS Seasonal Overweight Vehicles 1,000-9,999 lbs overweight .15 cents per lb over 169.824 Sub 1 MSS Parking General $25 66-78 Seasonal 0200-0600 on $25 66-80 2016 Fee Schedule -Page 32 Street Prohibited Handicapped $60 66-85 Fire Lane $25 46-85 Miscellaneous Watering Restrictions $60 610.50 Sub 15 MSS Placing Snow on Street $25 18-5 SECTION 3. This ordinance establishing the 2016 Fee Schedule shall be published as a Summary Ordinance in The Laker and The Pioneer newspapers and shall be effective upon publication. Adopted by the City Council of the City of Orono on this 141 day of December 2015 with a vote of ayes and nays. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Summary Ordinance to be published in The Laker and The Pioneer newspapers the week of 2016 Fee Schedule -Page 33 2014 Fee Schedule -Page 34 SUMMARY OF ORDINANCE NUMBER 179, THIRD SERIES ORDINANCE NO. 179, THIRD SERIES AN ORDINANCE ADOPTING THE 2017 FEE SCHEDULE AND REPEALING ORDINANCE NO. 161, THIRD SERIES NOTICE IS HEREBY GIVEN that on November 28, 2016, Ordinance No. 179, Third Series was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that because of the lengthy nature of Ordinance No. 179, Third Series, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council repeals Ordinance No. 161, Third Series (2016 Fee Schedule) and sets fees for Municipal Sewer, Water, Recycling, and Storm Water Rates, Commercial Site Plan Review, Storm Water and Drainage Trunk Fees, Building Permit, Municipal Connection Fees, Connection to Sewer System in Adjacent City, Sewer and Utility Projects, Signs, Fence Viewer Fees, and Golf Rates to be effective during the calendar year 2017. A printed copy of the 2017 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during the City's regular office hours and on the Orono City website at www.ci.orono.mn.us. APPROVED & ADOPTED for publication by the City Council of the City of Orono, Minnesota this 28th day of November, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 1 of 1 REQUEST FOR COUNCIL ACTION DATE: November 28, 2016 ITEM NO: 4 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards Y"-4 Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Wayzata Blvd/ CSAH 112 Phase 1 Construction Cooperative Agreement List of Exhibits A- Construction Cooperative Agreement 1. Purpose. The purpose of this item is to gain City Council approve the Cooperative agreement with Hennepin County and Long Lake for the construction and maintenance of the CSAH 112 phase 1 project. 2. Background. Hennepin County is leading the improvements of CSAH 112 from Highway 12 to 6th Avenue in joint effort with Long Lake and Orono. The attached agreement covers Phase 1 of a 3 phase project and includes the portion of CSAH 112 from Willow Road to Wolf Point Trail. The agreement lays out the responsibilities and cost participation during the construction process and the maintenance responsibilities upon completion of the project. 3. Cost. The cost for Orono for Phase 1 construction is $108,372.03 and will be funded from the Community Investment Fund. The overall costs for phase one are listed in the table below: Source Estimated Funding Turn Back Funds $13,907,895.88 Hennepin County $ 613,262.72 Long Lake $ 1,253,274.00 Orono $ 108,372.03 Total $ 15,882,804.62 4. Review. The attached agreement has been reviewed by the City Administrator, Engineer and Attorney. 5. Recommendation. Staff recommends the Council approve the attached agreement. COUNCIL ACTION REQUESTED: Consider a motion to approve the attached agreement. Agreement No. PW 25-32-16 County Project No. 091101 County State Aid Highway 112 City of Long Lake City of Orono County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of ,20 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Long Lake, a body politic and corporate under the laws of the State of Minnesota, and the City of Orono, a body politic and corporate under the laws of the State of Minnesota, collectively hereinafter referred to as the "Cities". WITNESSETH: WHEREAS, the County is preparing to improve County State Aid Highway No. (CSAH) 112 from CSAH 6 to Trunk Highway (TH) 12 in the City of Long Lake and the City of Orono (County Project No. 0911); and WHEREAS, the County and the Cities have been negotiating to bring about the improvement of "Phase One" of the segment of CSAR 112 from Willow Drive to Wolf Pointe Trail in the cities of Long Lake and Orono as shown on the County Engineer's plans for County Project No. (C.P.) 091101 which improvements contemplate and includes grading, aggregate base, bituminous surfacing, drainage, watermain, sanitary sewer, curb and gutter, concrete walk, bituminous trail, retaining walls, lighting, traffic signals, landscaping and other related improvements, and which shall hereinafter be referred to as the "Project"; and WHEREAS, the above-described Project lies within the corporate limits of the Cities; and WHEREAS, the County Engineer has heretofore prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of Twelve Million Eight Hundred Ninety One Thousand Seven Hundred Twenty Four Dollars and Thirty Five Cents ($12,891,724.35). A copy of said estimate, marked Exhibit "A", is attached hereto and by this reference made a part hereof, and WHEREAS, the Cities have indicated their willingness to participate in the construction, engineering, right of way and maintenance costs of the Project as detailed herein; and WHEREAS, the construction costs for the Project shall be comprised of state tumback funds, municipal and county state aid funds, and local funds; and -1- Agreement No. PW 25-32-16 CSAR 112; C. P. 091101 WHEREAS, to ensure compatibility with the County's existing network of traffic signal systems the County will furnish the controllers, control equipment and control cabinets to be installed as a part of the Project; and WHEREAS, the City of Long Lake has requested that the County include in the plans for the Project a bituminous trail outside of the CSAH 112 corridor, said trail being along Mill Street, Symes Street and Lake Street; and WHEREAS, the City of Long Lake has requested that the County include in the plans for the Project an alternate bid for gateway monuments and related streetscape elements in addition to the Project's base bid; and WHEREAS, the City of Long Lake has requested that the County relocate the bituminous trail east of Martha Lane from the south side to the north side of CSAH 112 resulting in additional design costs; and WHEREAS, the City of Long Lake has requested that the County include in the plans for the Project replacement of watermain and sanitary sewer designed by the City of Long Lake; and WHEREAS, the County and the Cities have also been negotiating to install landscaping within the Project limits, in conjunction with the Project via a separate municipal project, hereinafter referred to as the "Landscape Project''; and WHEREAS, the County also has Roadside Enhancement Partnership Program (REPP) funds available and will participate in the costs with REPP funds to bury overhead electrical power lines within the construction limits of the Project; and WHEREAS, the City of Long Lake will enter into a separate contract with Xcel Energy to underground overhead electrical power lines within the construction limits of the Project; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 2005, Section 162.17, Subdivision 2 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: The County will advertise for bids for the work and construction of the Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The contract will include the plans and specifications prepared by the County, which said plans and specifications are referenced -2- Agreement No. PW 25-32-16 CSAR 112; C. P. 091101 and identified as S.P. 027-712-001 and approved by the Minnesota Department of Transportation (MnDOT). II The County will administer the contract and inspect the construction of all the contract work contemplated herewith. However, the Cities' Engineers or designated representatives shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County Highway Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The Cities agree that the County may make changes in the plans or in the character of said contract construction which is reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the Cities that the County may enter into any change orders or supplemental agreements with the County's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the Cities' cost participation estimated herein. The Cities shall have the right to review any proposed changes to the plans and specifications as they relate to the Cities' cost participation prior to the work being performed. The Cities' Engineer or designated representatives shall have the right to approve or reject any change orders or supplemental agreements prepared by the County that affect the Cities' share of the construction cost. The Cities further agree that it will participate in the settlement of any claims from the County's contractor that involve delays attributable to unreasonable delays in approval by the Cities for plan or specification changes deemed necessary by the County Highway Engineer or staff. The amount of Cities participation in any such claims shall be commensurate with the percentage of delay directly attributable to the Cities' actions. III The Cities shall participate in the costs of the contracted construction work for the Project as set forth in said Exhibit "A". The respective proportionate shares of the pro -rata pay items included in Exhibit "A" shall remain unchanged throughout the life of this Agreement. It is understood that the estimated amount on Page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs for the contracted construction work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Highway Engineer's designated representatives shall govern in computing the total final contract construction cost for apportioning the cost of said Project according to the provisions herein. It is further understood and agreed that the final quantities as measured by the County Highways Engineer designated representatives for contract pay items in which the Cities are participating shall be subject to the review and approval by the Cities' Engineer. -3 Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 M The County or its agents shall acquire all additional right of way, permits and/or easements required for the construction of the Project. It is understood by the parties that state tumback funds are available to finance acquisition right of way for the Project with the following exception. The City of Long Lake shall reimburse the County for one hundred (100) percent of the final cost of the additional right of way and/or easements required to construct the bicycle/pedestrian trail between Martha Lane and Lake Street. The amount of the City of Long Lake share in said right of way acquisition costs is estimated to be $14,880.00. It is understood and agreed that the Cities shall convey property rights to the County over those lands owned by the Cities that are required for the Project. Said property rights shall be granted at no cost to the County. It is further understood and agreed that any and all city permits required by the Project shall be granted at no cost or expense to the County or its contractors. Included in the Project is the construction of city utilities. It is understood and agreed by the parties that in the event additional right of way is needed to construct said city utilities, the County will acquire the additional right of way and/or easements and the Cities shall reimburse the County for one hundred (100) percent of the final cost of the additional right of way and/or easements. U The County, at its sole cost and expense, has conducted a Phase I and Phase H Environmental Assessments (ESA) on the Project. In the event a future Phase II ESA is required on any parcel due to the City of Long Lake's utility work included in the Project, it is understood and agreed that the City of Long Lake shall reimburse the County for all costs incurred by the County for the completion of said future Phase 11 ESA. If any such Phase II ESA identifies contamination that must be abated, the County will hire consultants and contractors as necessary to perform the necessary abatement of the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any such abatement required may be accomplished under a separate project or may be included in the Project. The County will investigate and exhaust all available options for payment of costs incurred related to the aforereferenced Phase II ESA. This includes, but is not limited to, responsible parties and governmental agencies. The City of Long Lake hereby agrees to reimburse the County all costs incurred by the County for the completion of the aforereferenced environmental work performed on parcels associated with the City of Long Lake's utility work for which the County does not receive reimbursement from other sources. Li/ I The Cities shall reimburse the County for their shares of the construction costs of the Project as set forth in said Exhibit 'W'. It is further agreed that the Engineer's Estimate referred to on page i of this Agreement is an estimate of the construction cost for the contract work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured -4- \N\- Agreement No. PW 25-32-16 CSAR 112; C. P. 091101 by the County Highway Engineer shall govern in computing the total final contract construction costs for apportioning the costs of said Project according to the provisions herein. For informational purposes only it is estimated that the City of Long Lake will pay the County $921,761.48 as its share of the construction costs. For informational purposes only it is estimated that the City of Orono will pay the County $85,328.30 as its share of the construction costs. VII It is recognized by the parties that the watermain and sanitary sewer included by the Project has been designed by the City of Long Lake or its agents. As set forth in Exhibit "A", the Cities agree to pay to the County ten (10) percent of the Cities' share of the contracted construction costs not designed by a city as its share of the engineering design costs for the Project, in addition to its proportionate shares of the contracted construction costs for the Project. For informational purposes only it is estimated that the City of Long Lake will pay the County $56,672.50 as its share of the design engineering costs. For informational purposes only it is estimated that the City of Orono will pay the County $9,184.07 as its share of the design engineering costs. Similarly, the Cities also agree to reimburse the County for the Cities' proportionate share of the construction engineering costs for the Project. The Cities' share of construction engineering costs shall be equal to eight (8) percent of the total final amount of the Cities' share of contract construction costs for the Project. The amount of the City of Long Lake share in the contract administration costs is estimated $73,740.92. The amount of the City of Orono share in the contract administration costs is estimated $6,826.26. It is understood that the Cities' proportionate shares shown in Exhibit "A" are estimates and that the actual Cities' proportionate shares of the engineering design costs and contract administration costs will be computed using the total final amount of the Cities share of the contract construction costs for the Project. As referenced above the watermain and sanitary sewer included by the Project has been designed by the City of Long Lake or its agents. As shown in Exhibit "A", it is estimated that $147,726.00 of the proposed utilities designed by the City of Long Lake are eligible for State Turnback funding. As such the County agrees to reimburse the City of Long ten (10) percent of the State Tumback eligible utilities designed by the City of Long Lake. As set forth in Exhibit "A" the amount the County will reimburse the City of Long is estimated to be $14,772.60. VIII After an award by the County to the successful bidder on the Project, the County shall invoice the City of Long Lake for fifty (50) percent of the estimated city's shares in the contract construction costs and engineering costs for the Project. After December 15, 2017 the County shall invoice the city for forty five (45) percent of the estimated Cities' shares in the contract construction costs and engineering costs for the Project. Payments shall be made to the County, in the name of the Hennepin County Treasurer, by the City of Long Lake for the full amount due stated on the invoices within -5- Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 forty five (45) days of the invoice date. Said estimated city's shares shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. After an award by the County to the successful bidder on the Project, the County shall invoice the City of Orono for ninety five (95) percent of the estimated city's shares in the contract construction costs and engineering costs for the Project. Payments shall be made to the County, in the name of the Hennepin County Treasurer, by the City of Orono for the full amount due stated on the invoices within forty five (45) days of the invoice date. Said estimated city's shares shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. In the event the County Highway Engineer or the County's staff determines the need to amend the construction contract with a supplemental agreement or change order which results in an increase in the contract amount for the Project, the Cities hereby agrees to remit within forty five (45) days of notification by the County of said change an amount equal to ninety five (95) percent of the estimated Cities' shares as documented in the supplemental agreement or change order. The remainder of the Cities' shares in the engineering and contract construction costs of the Project, including additional costs resulting from supplemental agreements and change orders, will be due the County upon acceptance by the County's construction engineer of all the construction work performed by the County's construction contractor and submittal of the County Highway Engineer's final estimate for the Project to the City. Upon final payment to the Project contractor by the County, any amount remaining as a balance in the deposit account will be returned to the Cities, within 45 days, on a proportionate basis based on the Cities' initial deposit amount and the Cities' final proportionate share of the Project costs. Likewise, any amount due the County from the Cities upon final payment by the County shall be paid by the Cities as its final payment for the construction and engineering costs of the Project within forty five (45) days of receipt of an invoice from the County. By City of Long Lake Council resolution the City of Long Lake authorized design of the Project's bituminous trail for construction on the south side of CSAR 112. The City of Long Lake has subsequently requested that the County relocate the Project's bituminous trail from the south side to the north side of CSAH 112 to the east of Martha Lane thereby resulting in additional design costs. Therefore, it is understood and agreed that the City of Long Lake shall reimburse the County $133,001.00 for the additional design costs the County has incurred to change the plans for the Project. Upon approval of this Agreement by the parties hereto, the County will invoice the city for one hundred (100) percent of said additional design costs. Within forty five (45) days after receipt of the invoice, the city shall deposit with the County, said amount. 0 The County or its agents will develop all the necessary construction plans, specifications and proposals, for the aforereferenced Landscape Project. The City of Long Lake will advertise for bids -6- Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 for the work and construction of the Landscape Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The City of Long Lake or its agents shall administer the contract and shall perform the required engineering, inspection and testing for the Landscape Project. The County Highway Engineer and staff shall have the right, as work progresses, to make any inspections deemed necessary, but will have no responsibility for supervision of the work. It is understood and agreed that the County will not charge the City of Long Lake for its proportionate share of the costs to design the Landscape Project. Similarly, the City of Lake will not charge the County for its proportionate share of the costs to administer construction of the Landscape Project. It is understood that all work to be performed under the Landscape Project shall be done either in conjunction with or upon completion of the construction activities of the Project. It is further understood and agreed that it shall be the responsibility of the City or its contractor to coordinate construction of the Landscape Project with the County's construction contractor for the Project: As shown in Exhibit "A", the County's proportionate share of the construction costs for the Landscape Project is estimated to be $69,319.50. The County's share in the Landscape Project costs will be directly paid to the City from the County and will not be addressed as credits applied to the City's proportionate share of the costs for the Project. Upon completion of the Landscape Project by the City and acceptance of work by the County Highway Engineer or a designated representative, the City shall invoice the County for one hundred (100) percent of the County's share of the costs for the Landscape Project. Within forty five (45) days after receipt of said invoice, the County shall deposit with the City, said County share. As shown in Exhibit "A", the City of Orono's proportionate shares of the construction costs and contract administration costs for the Landscape Project are estimated to be $6,512.40 and $520.99 respectively. The City of Orono's proportionate shares in the Landscape Project costs will be directly paid to the City of Long Lake. Upon completion of the Landscape Project by the City of Long Lake and acceptance of work by the County Highway Engineer and the City of Orono's Engineer, the City of Long Lake shall invoice the City of Orono for one hundred (100) percent of the City of Orono's share of the costs for the Landscape Project. Within forty five (45) days after receipt of said invoice, the City of Orono shall deposit with the City of Long Lake, its proportionate cost shares. C In conjunction with the Project, the City of Long Lake will enter into a separate agreement with Xcel Energy to accomplish the underground relocation of the electrical power lines within the project limits. It is understood that all work to be performed by Xcel Energy must be done either in conjunction with or prior to the start of the construction activities of the Project. The City of Long Lake agrees to contractually require Xcel Energy to coordinate its activities with the County's construction contractor for the Project. It is understood that as a consequence of the burial of overhead electrical power lines, individual service feeds for the residences and businesses may need to be rewired in a manner to make the service feeds compatible with the newly buried electrical power lines. The City of Long Lake agrees that it is responsible to coordinate with Xcel Energy and -7- Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 the affected property owners regarding any individual service feed rewiring that may be required or desired. The County, through its Roadside Enhancement Partnership Program (RFPP), will participate in a proportionate share of the costs to underground overhead power lines. As set forth in the County's Cost Participation Policy, the County's proportionate share of utility burial costs eligible for this funding source is thirty three (33) percent and may not exceed $330,000.00 per center line mile. For informational purposes, the County's estimated share for these costs is $9,900.00. The parties acknowledge that the stated amounts are estimates and that the County's actual share of utility burial costs will be determined in accordance with the County's Cost Participation Policy, based upon the final utility burial costs. The County will pay its share of utility burial directly to the City of Long Lake rather than applying its share as a credit against the city's proportionate share of the Project costs. Upon completion of the work by the city's undergrounding contractor(s) and acceptance of the work by the City of Long Lake's Engineer or a designated representative, the city will submit an itemized invoice to the County for one hundred (100) percent of the County's share of the costs. It is understood and agreed by the parties that the City of Long Lake will submit said invoice after January 1, 2018. The County agrees to remit payment to the City of Long Lake within forty five (45) days after receipt of the invoice. ►M The proportionate shares of the various costs associated with said Project have been identified and set forth in Articles III through XI of this Agreement. The estimated amount that the City of Long Lake is to pay the County as a result of this Agreement is $1,200,055.90. The estimated amount that the City of Orono is to pay the County as a result of this Agreement is $101,338.63. It is understood and agreed that said payment amounts are estimates and that the actual payment amounts shall be based on actual costs and contract unit prices, as specified elsewhere throughout this Agreement. XIII All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the Cities. The Cities shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the Cities, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (I%) percent per month on the disputed arnount. All payments to the Cities must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the Cities shall reimburse the Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the respective city. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. XIV All records kept by the Cities and the County with respect to the Project shall be subject to examination by the representatives of each parry hereto. M The County reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County Highways included in said Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. M As part of the Project, "No -Parking" signs shall be installed as represented in the plans and the Cities, at their expense, shall provide the enforcement for the prohibition of on -street parking on those portions of CSAR 112 constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the Hennepin County Board of Commissioners permitting said modification. It is further agreed that the Cities shall, at their own expense, remove and replace city owned signs that are within the construction limits of said Project if requested by the County's Project Engineer. XVII The City of Long Lake shall install, cause the installation of, or perpetuate the existence of an adequate three wire, 1201240 volt, single phase, alternating current electrical power connection to the permanent traffic control signals and integral luminaries included in the Project at no cost to the County. Further, the City of Long Lake shall provide the electrical energy for the operation of the traffic control signals and luminaries included in the Project at no expense to the County. It is understood by the parties that the northwest quadrant of the traffic signal system to be installed as part of the Project at the intersection of CSAH 112 and Brown Road is within the City of Orono. It is further understood that the City of Long Lake and the City of Orono may enter into a separate agreement for Orono's proportionate cost share of the electricity to operate this traffic signal system. 9- Agreement No. PW 25-32-16 CSAH 112; C. P. 091141 It is understood by the parties that the County or its agents will provide a traffic signal service cabinet designed for battery backup in case of electrical power outages. It is further understood that the County or its agents will be responsible for providing the batteries, inverter and cabling for the service cabinet at no cost to the Cities. The Cities shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal, however, nothing herein shall prohibit prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. Upon completion of the Project the County shall thereafter maintain and repair the traffic control signal systems installed as apart of the Project, at the sole cost and expense of the County. Further, the County, at its expense, shall maintain 110 -volt power to the line side of the meter. The City of Long Lake, at its expense, shall maintain the fuse, the luminary and the wire to the load side of the meter. Further, the City of Long Lake, at its expense, shall maintain the EVP components. The EVP Systems provided for herein shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: 1. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The Cities will provide the County Highway Engineer or his designated representative a list of all such vehicles with emitter units. 2. Malfunctions of EVP Systems shall be reported to the County immediately. 3. In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the Cities of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, indicator lamps and all other components shall become the property of the County. 4. All timing of said EVP Systems shall be determined by the County. Upon completion of the Project the County shall thereafter maintain and repair the pedestrian crossing signal systems including the integral solar panel installed as apart of the Project, at the sole cost and expense of the County. The Cities shall provide the electrical energy for the operation of the pedestrian crossing signal systems included in the Project at no expense to the County. XVIII It is understood and agreed that upon completion of the Project, all water distribution system -10- Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 components, sanitary sewer systems, concrete sidewalk, bituminous trail, fencing, lighting and all municipal street construction included in said improvement shall be the property of the Cities and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the Cities at no expense to the County. It is understood that maintenance of the intersecting municipal streets begins at the back of curb of CSAR 112. Notwithstanding the maintenance responsibilities of the Cities as specitied in the previous paragraph, it is further understood and agreed that upon completion of the Project, all landscaping, grass areas and streetscape as shown in the plans for the Project and City of Long Lake's Landscape Project, shall become the responsibility of the Cities and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the Cities at no expense to the County. It is understood that said maintenance includes the grass areas between CSAR 112 and the bituminous trail constructed as part of the Project. It is understood by the parties that maintenance of the reinforced soil slope along the body of water known as Long Lake and CSAR 112 between approximately Martha Lane and Cemetery Road in the City of Long Lake will be the maintenance of the County. It is understood and agreed by the parties that the Cities shall provide the electrical energy for the operation of the pedestrian and street lighting included in the Project within their respective city at no expense to the County. Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curb lines of the County roadways as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, drainage structures, ponds, and storm water treatment structures, shall become the property of the Cities and shall be maintained by the Cities. It is understood that maintenance of cross road culverts within County right of way will the responsibility of the County. Notwithstanding the maintenance responsibilities of the Cities as specified in the previous paragraph, it is further understood and agreed that the City of Orono shall own and shall be responsible for maintenance of the storm water pond located in the northwest corner of the intersection of CSAH 112 and Brown Road (Brown Road Pond). In the event at any time in the future dredging to remove excess sediment from the Brown Road Pond is required or reconstruction of the Brown Road pond and/or its associated structures is required, the County agrees to participate in the costs. The County's participating cost share shall be twenty five percent (25%) and is based on the percentage of storm water entering the Brown Road Pond from County facilities. It is further understood that the removal of sediment from inlets, outlets and overflow structures is considered a routine maintenance activity that shall be the sole responsibility of the City of Orono. It is understood and agreed that the City of Orono shall be responsible for dredging excess -11- Agreement No. PW 25-32-16 CSAR 112; C. P. 091101 sediment and others works as needed from the Brown Road Pond and will perform the work with its own forces or by contract. It is understood that the decision to dredge or repair the Brown Road Pond shall be made jointly by the City of Orono's Director of Public Works and the County's Transportation Operations Department Director. Upon completion of the work by the City of Orono or its contractor(s) and acceptance of the work by the County's Transportation Operations Department Director or a designated representative, the city will submit an itemized invoice to the County for one hundred (100) percent of the County's share of the costs. It is further understood and agreed that upon completion of the Project the Cities, at their sole cost and expense, will perform all routine maintenance on the retaining walls and retaining wall fencing/railing constructed as a part of the Project. In the event, at any time in the future, that the retaining walls and integral retaining wall fencing/railing constructed as a part of the Project are rehabilitated and/or replaced the County agrees to participate in fifty (50) percent of the costs of said rehabilitation and/or replacement. It is understood by the parties hereto that the term `upon completion of the Project' as used in this agreement shall be defined as acceptance by the County's construction engineer of the construction work performed by the County's construction contractor that is to be maintained by the Cities as specified herein. All questions of maintenance responsibilities that may arise shall be jointly resolved by the Cities' Directors of Public Works and the County's Transportation Operations Department Director. V4 It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The Cities, at its discretion, will remove snow that may be placed on the sidewalks and/or pedestrian/bicycle paths within the operational clear zone, as a result of the County's snow removal operations on CSAH 112 within the limits of the Project. This paragraph is not intended to confer a benefit upon any third party and the Cities' decision to remove snow from the sidewalk and/or paths shall be made by the Cities in its sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails. XX The City of Long Lake agrees to defend, indemnify and hold harmless the County and the City of Orono, their officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Long Lake, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the construction of the Landscape Project, or related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined City of Long Lake owned improvements constructed as part of said Project. The City of Long Lake's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 12- \"', Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 The City of Orono agrees to defend, indemnify and hold harmless the County and the City of Long Lake, their officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Orono, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined City of Orono owned improvements constructed as part of said Project. The City of Orono's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the City of Long Lake and the City of Orono, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly firom any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the construction of the Project or development of the Landscape Project, or related to the ownership, maintenance, existence, restoration, repair or replacement of County owned improvements constructed as part of said Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. Each parry agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the Cities liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the Cities each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. 01141.1 It is agreed that any and all employees of the Cities and all other persons engaged by the Cities in the performance of any work or services required or provided for herein to be performed by the Cities shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the Cities, and that any and all claims that may or might arise - 13 - Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Cities. In order to coordinate the services of the County with the activities of the Cities so as to accomplish the purposes of this Agreement, the Hennepin County Highway Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the Cities. In order to coordinate the services of the Cities with the activities of the County and so as to accomplish the purposes of this Agreement, the respective Cities' Engineer or designated representative shall manage this Agreement on behalf of the Cities and serve as liaison between the Cities and the County. The County Engineer or designated representative will prepare weekly progress reports for the Project as provided in the specifications. Copies of these reports will be furnished to the Cities upon request. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. ►*A vI The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. -14 Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) - 15 - Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) CITY OF LONG LAKE By: Mayor Date: And: Administrator Date: CITY OF ORONO (Seal) By: Mayor Date: And: Manager Date: -16- Agreement No. PW 25-32-16 CSAH 112; C. P. 091101 COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: APPROVED AS TO FORM: By:Aa'"'JL Airadant County Attorney Date: i I/ -7 �l APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: Date: And: County Administrator Date: And: Assistant County Administrator, Public Works Date: RECOMMENDED FOR APPROVAL By: County Highway Engineer Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Department - Operations Date: -17- EXHIBIT "A" DIVISION OF COST SUMMARY SAP 027-712-001; SAP 027-712-004; CP 091101 CSAH 112 (Wayzata Boulevard) From Willow Drive to Wolf Pointe Trail CONTRACT CONSTRUCTION SAP 027-712-001 (1) ROADWAY & SIGNALS (2) STORM SEWER (3) TRAIL & LIGHTING (4) PROPOSED UTILITIES: DESIGNED BY CITY OF LONG LAKE ADDITIONAL LIGHTING & STREETSCAPE (5) NON -PARTICIPATING (6) NON -PARTICIPATING: BID ALTERNATIVE SAP 027-712-001 SUBTOTAL (7) LANDSCAPE PROJECT SAP 027-712-004 CONTRACT CONSTRUCTION SUBTOTAL ENGINEERING (8) DESIGN 0 10% (9) CONSTRUCTION 0 8% (SAP 027-712-001) (10) CONSTRUCTION 0 8% (SAP 027-712-004) SUBTOTAL CONSULTANT SERVICES FI NAL DESIGN SERVICES (100% TURNBACK) REDESIGN FOR MOVING TRAIL (10D% LONG LAKE) (11) ENVIRONMENTAL TESTING (100% TURNBACK) RIGHT OF WAY 100% TURNBACK (12) 100% LONG LAKE UTILITY BURIAL (13) BURIAL OF OVERHEAD UTILITY LINES COUNTY SUPPLIED ITEMS (14) CONTROLLER & CABINETS SUBTOTAL SUBTOTAL SUBTOTAL SUBTOTAL TOTAL ESTIMATED HENNEPIN COUNTY HENNEPIN COST TURNBACK FUND COUNTY LONG LAKE ORONO $10,344,083.35 10,183,083.35 161,000.00 $11,017,962.00 $1,017,982.00 $124,250.50 $124,250.50 $502,762.50 $147,726.00 $355,036.50 $371,523.40 $122,602.72 $183,401.58 $65,519.10 $449,424.70 $127,990.00 $301,625.50 $19,809.20 $81,697.90 $81,897.90 $12,891,724.35 $11,348,791.35 $535,843.22 $921,761.48 $85,328.30 $108,950.0.0 $49,800.00 $19,519.50 $33,118.10 $6,512-40 $13 674.36 $11 '.iSTM _$W.3MM 51164.5MM $9t $80,629.17 $14,772.60 $56,672.50 $9.184.07 $80,567.18 $73,740.92 $6,826.26 $520.99 $520.99 veymu AB $0A0 12$113A2 $45 . $1,191,411.93 $1,191,411,93 $133,001.00 $133,001.00 $200,000.00 $200,000.00 t.t 1293 $t 39t 4Yt a3 . $0A0 $" uff-10 $9100 $985,120.00 $985,120.00 $14,880.00 $14,880.00 $1r 9G 000:00 SMAZI.W $9A0 #14,860:00 $"0' $30,000.00 $9,900.00 $20,100.00 $3060:00 $MAO $90(FAD $20,1100.00 $Q99 $166,000.00 118,000.00 48,000.00 $166,090.00 $116:009.00 $48,000,09 $0.00 $0.00 TOTAL COST PARTICIPATION 1 $15,882,804.62 1 $13,907,895.88 1 $613,262.72 1 $1,253,274.001 $108,372.03 NOTES (1) 100% TURNBACK ELIGIBLE ROADWAY ITEMS (DOES NOT INCLUDE PROPOSED UTILITIES DESIGNED BY CITY OF LONG LAKE) SIGNAL AT BROWN ROAD ELIGIBILITY: 50% TURNBACK, 25% HENNEPIN COUNTY STATE AID, 25% HENNEPIN COUNTY STATE AID -MUNICIPAL SIGNAL AT LAKE STREET ELIGIBILITY: 50% TURNBACK, 50% HENNEPIN COUNTY STATE AID -MUNICIPAL (2) 100% TURNBACK ELIGIBLE STORM SEWER ITEMS (3) 100% STATE AID ELIGIBLE (50% HENNEPIN COUNTY, 50% COUNTY STATE AID MUNICIPAL) (4) CITY OF LONG LAKE PROPOSED WATER ITEMS AND SANITARY SEWER ITEMS (DESIGNED BY THE CITY OF LONG LAKE) (5) NON -PARTICIPATING ITEMS NOT COVERED BY TURNBACK, INCLUDING ADDITIONAL LIGHTING, SIDEWALKtSTREETSCAPE ENHANCEMENTS, BICYCLE FACILITYfFRAIL BETWEEN MARTHA LANE AND LAKE STREET, AND FIBER SYSTEM (6) CITY OF LONG LAKE MONUMENTS (100% LONG LAKE) (7) CITY OF LONG LAKE LED PROJECT, CITY OF ORONO WILL REIMBURSE LONG LAKE ITS PROPORTIONATE SHARE OF THE CONSTRUCTION ENGINEERING COSTS (8) CITY'S PROPORTIONATE SHARE OF COSTS FOR COUNTY DESIGNED ITEMS. BASED ON CITY CONSTRUCTION SHARE, EXCLUDING CONSTRUCTION COSTS ASSOCIATED WITH CITY DESIGNED UTILITIES LONG LAKE: (($921,761.48-355,036.50)x10%) ORONO ($91,840.70x 10%) COUNTY'S (TURNBACK ELIGIBLE) PROPORTIONATE SHARE OF COSTS FOR CITY DESIGNED UTILITY ITEMS ($147,726 X 10%) (9) CITIES OF LONG LAKE'S AND ORONO'S PROPORTIONATE SHARE OF CONSTRUCTION ENGINEERING COSTS FOR CONSTRUCTION OF SAP 027-712-001 LONG LAKE: ($921,761.48x8%) ORONO ($85,328.30x8%) (10) CITY OF ORONO'S PROPORTIONATE SHARE OF CONSTRUCTION ENGINEERING COSTS FOR CONSTRUCTION OF SAP 027-712-004 ($6,512.40 x B%) (11) FOR CONTAMINATED MATERIALS TESTINGANSPECTION DURING CONSTRUCTION (12) FOR BICYCLE FACILITY/TRAIL BETWEEN MARTHA LANE AND LAKE STREET (13) FOR FULL BURIAL OF OVERHEAD UTILITIES FROM LONG LAKE TO WOLF POINTE TRAIL - FINAL ESTIMATE TO BE COORDINATED WITH XCEL ENERGY (14) ESTIMATED COST FOR SIGNAL ITEMS TO BE SUPPLIED BY THE COUNTY Hennepin County Agreement PW 25-32-16 Exhibit "A'; Sheet 1 Of 8 w F z ' ` Hennepin County Agreement PW 25-32-16 Exhibit W, Sheet 2 of 8 S S a a S S S O S a 0 H m O O ( Gp p C O vn O v M 20 Q W L h N N O W 440b. V ur w w ffi H x, x, en as efs zd H z O m n n Q T z O P G O1 Q 4'1 C O � oSS SSS SOP o aQ �z S m m[] Q R m � W car Y O pm ¢ N w D Z Z o 48 C, w NI o, a, w w fR m z z� W U3 w 0 z o S o e N m= 4 o O m C p � p p S 0 Zci D ~ 4D co h N S N m N m V U w pQ�o h Z o 0.' Q QK u, ui of of u, rg u, e3 r5 rn u, Y ? ~Z v o v c m S = U v QLL c o SSSpSpSSS00000 0 Z S N un S a a o o p ip Sag n ap O O C J F O o o "O o N ur ur as O io O a W G g m a Vce Fa iR ig u, fA fA +9 N, es » 'A ' ~ Om W K F CL z m ep m rn Ow S S nb o o 0 0 o 0 o 0 o o o a a a o o a 0 v, $ m g g o p op 0 0 N �: c c UO o a d Kf to7 O ui S ui F z Hi fR ffi fR fA m f9 fa fA w w K LL WK W >w j y J N a F F 2 m a (] 1 J 0 m z o � z o a w m n m om6 z a m m J V O V W d ~ m n zzzmzz JO O W w W W n V 0 M zw H~di z¢ z w 0 0 L" F uo ? W m 0 �] IL 0 aO N V V w: W 0 Z J b W O J w LL LL n 0 Z12 g W 0 Z LL O w K w w a 0 7 L K H U non a W J W z uui S m h h v. N h W F N N N N N N N N N N N N w W 0 0 Z w F z ' ` Hennepin County Agreement PW 25-32-16 Exhibit W, Sheet 2 of 8 SNampo' roilii2 9915 915ExBmamtCo�psrsfiue Agreement lnfah9463 S9CLT,,dp,,txk a SRF C. -I[ ng Ge p, Inc. By: AG CIM BY: Nw EXHIBIT A - ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST Wayzata Blvd (CSAR 112) - Phase 1 Hennepin County Proj. No. 091101, SAP 027-712401 100% Cost Estimate BASE BID SAP 027-712-001 ALTERNATE BID PROJECT TOTAL COUNTY TURNBACK FUND SAP 027-712 -001 NON SAP 027-712-001 NON NON NON ESTIMATED PARTICIPATING PARTICIPATING SAP 027-712-001 PARTICIPATING PARTICIPATING NOTES ITEM NO. ITEM DESCRIPTION UNIT UNIT COST BASE+ALTERNATE ROADWAY STORM SEWER HENNEPIN CO. (100%) HENNEPIN CO. (100%) HENNEPIN CO. (33%) ) {B) ORONO (6796) ORONfl 100% ( ) HENNEPIN CO. (33%) LONG LAKE (67%) LONG LAKE (100%) LONG LAKE (100%) 2011.601 VIBRATION LS $ 17,000.00 QUANTITY 1 AMOUNT S QUANTITY AMOUNT QUANTITY] AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY 17,000,00 1 $ 17,000.00 $ $ AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT OUANTI7Y AMOUNT 6 2013.601 WATER TREATMENT GROUND WATER TREATMENT SYSTEM LS $ 10,000.00 1 $ 10,000.00 0.5 $ 5,000.00 $ $ $ - $ $ $ 2021.501 MOBILI7JITION LS $ 500,000.00 1 $ 500,000.00 0.83 $ 415,000.00 0.07 $ 35,000.00 $ 0.01 $ $ $ $ $ G.s $ s,0w.00 $ $ 2031.501 FIELD OFFICE TYPE D EACH $ 60,000.00 1 $ 60,000.00 0.83 $ 49,800.00 0.07 $ 5,000.00 0.01 $ 5,000.00 0.01 $ 5,000.00 $ 0.03 $ 15,000.00 0.04 $ 20,000.00 2031.5G3 FIELD LABORATORY TYPE D EACH $ 15,000.00 1 $ 15,000AD 0.83 $ 12,450.00 0.07 4,200.00 $ 0.01 $ 600.00 0.01 $ fi00.00 0.01 $ gpp 00 $ 0.03 $ 1,600.00 0.04 $ 2,400.00 $ 2101.501 CLEARING ACRE $ 5,000.00 1.6 $ 9,000.00 1.8 $ 9,000.00 1,050.00 $ 6.01 $ 150.00 0.01 $ 150.00 0.01 $ 150.00 $ D.03 $ 450.00 0.04 $ 600.00 $ 2101.502 CLEARING TREE $ 200.00 102 $ 20,400.00 81 $ 16,200.00 $ $ $ S $ S $ $ 210L506 GRUBBING ACRE $ 3,000,00 1.6 5 5,400.00 1.8 $ 5,400.00 $ _ $ $ $ $ 21 $ 4,200.00 $ 2101.507 GRUBBING TREE $ 150.00 102 $ 15,300.00 81 $ 12,150.00 $ $ $ $ - $ - $ $ _ $ 2102.501 PAVEMENT MARKING REMOVAL SF $ 2.50 620 $ 1,550.00 620 S 1,550.00 _ $ $ _ $ $ $ $ 21 $ 3,150.00 $ 2108.502 PAVEMENT MARKING REMOVAL LF $ 1.00 3940 $ 3,940 00 3940 S 3,940.00 $ $ S $ S $ $ 2104.501 REMOVE WATER MAIN LF $ 10.00 3177 $ 31,770.00 115 $ 1,150.00 $ $ $ S $ $ $ $ 2104.501 REMOVE SEWER PIPE (STORM) L F $ 10.00 7153 $ 71,530.00 7153 $ 71,530.00 $ $ $ $ $ $ 3062 $ 30,620.00 $ $ 2104.501 REMOVE SEWER PIPE (SANITARY) LF $ 10.00 1847 $ 18,470.00 896 $ 8,980.D0 $ $ $ $ $ $ $ 2104.501 REMOVE CURB (P) LF $ 9.00 15 $ 135.00 15 $ 135.00 $ $ - $$ $ $ 951 $ 9,510.00 $ $ 2104.501 REMOVE CURB & GUTTER (P) LF $ 3.00 13105 $ 39,315.00 12670 S 38,010,00 _ $ $ $ $ $ $ $ $ 2104.501 REMOVE BITUMINOUS CURB L F $ 1.50 270 $ 405.00 270 $ 405.00 $ $ $ $ $ 25 $ 75.00 410 $ 1,230.00 $ 2104,501 REMOVE RETAINING WALL L F $ 15.00 300 $ 4,500,00 300 $ 4,500,00 $ $ $ $ $ $ 2104.501 REMOVE WOOD RETAINING WALL L F S TOO 85 $ 595,00 85 $ 595.00 S $ $ $ $ $ 2104.601 REMOVE STONE RETAINING WALL L F $ 2.OD 167 $ 334.00 187 $ 334,00 $ S $ $ $ $ $ $ 2104.501 REMOVE GUARDRAIL L F S 4.00 94 $ 376.00 94 $ 376.00 $ $ $ $ $ $ 2104.501 REMOVE CABLE GUARDRAIL (P) L F $ 3.0D 1644 $ 4,932.00 1644 S 4,932.00 $ $ $ $ $ $ $ $ 2104.501 REMOVE GUARDRAIL -PLATE BEAM L F $ 4.00 987.5 $ 3,950.00 987.5 $ 3,950,00 $ $ _ S $ $ - $ $ S 2104.501 REMOVE SANITARY SERVICE PIPE LF $ 10.00 120 $ 1,200.00 105 S 1,050.00 _ $ $ _ $ $ $ $ $ _ $ _ 2104.501 REMOVE WATER SERVICE PIPE L F S 10.00 181 $ 1,810.00 $ $ $ $ $ $ i5 $ $ BOX CULVERT $ 150.00 $ 2104.501 REMOVE (P) L F $ 60.00 154 $ 9,240.00 154 $ 9,240.00 $ $ $ $ 181 $ 1,810.00 $ 2104.503 REMOVE BITUMINOUS WALK (P) SF $ 0.70 850 $ 595.00 650 $ 595,00 $ $ $ S $ $ 2104.503 REMOVE CONCRETE WALK (P) SAF $ 0.80 67480 $ 53,984.00 65420 $ 52,336.00 $ 6 $ $ $ $ - $ $ 210 4.503 REMOVE CONCRETE MEDIAN (p} 5 F $ 4.00 2370 $ 9,480.00 2370 $ 9,480.00 _ $ $ _ $ 130 $ 104.00 1930 $ - 1,544.00 $ _ 6 2104.503 REMOVE BITUMINOUS DRIVEWAY PAVEMENT (P) SF $ 0.80 35290 $ 28232.00 34975 S 27,980.00 S $ $ $ $ $ $ 2104.505 REMOVE PAVEMENT (P) S Y $ 11.00 25700 $ 282,700.00 25700S 2B2,7G0.00 $ $ $ $ $ S 315 $ 252.00 $ $ 2104.505 REMOVE BITUMINOUS PAVEMENT (P) S Y $ 5.00 24805 $ 124,025.00 24700 $ 123,500.00 $ $ $ $ - $ $ - $ S 2104.509 REMOVE PIPE APRON EACH $ 250.00 7 $ 1,750.00 7 $ 1,750,00 _ $ $ _ $ $ $ 5 S 25.00 100 $ 500.00 _ $ 2104.509 REMOVE ANCHORAGE ASSEMBLY -PLATE BEAM EACH $ 250.00 1 $ 250.00 1 $ 250.00 $ $ S - $ $ $ 2104.509 REMOVE LIGHTWGUNIT EACH $ 300,00 6 $ 1,800.00 6 $ 1,800.00 $ _ $ $ S $ $ $ $ 2109.509 REMOVE STONE PILLAR EACH $ 200.00 2 $ 400.00 2 $ 400.00 $ $ $ $ $ $ $ REMOVE FLAGPOLE EACH $ 150.00 3 $ 450.00 3 $ 45000 - $ $ - $ $2104.509 $ 1 2104.509 REMOVE MANHOLE EACH S 500,00 12 $ 6,000.00 7 $ 3,500,00 $ $ $ $ $ $ S 2104.509 REMOVE CASTING EACH S 140,00 3 $ 420.00 3 $ 420.00$ $$ =35$, $ 500.00 $ 4 S 2,000.002104.509 REMOVE GATE VALVE EACH $ 150,00 1 $ 150.00 $ $ $$ 2104.509 REMOVE GATE VALVE &BOX EACH $ 200.00 29 $ 5,800.00 8 $ 1,fipp,0p $ $ 1 $ 150.00 2104.509 REMOVE CURB STOP & BOX EACH $ 75,00 9 $ 675.00 $ _ S S $$ $ 21 $ 2104.509 REMOVE HYDRANT $ $ $ $ $ 4,200.00 $ - EACH S 500,00 12 $ 6,000.00 9 $ 4,500.00 S $ 9 $ 675.00 6 _ 2 2104.509 REMOVE DRAINAGE STRUCTURE EACH $ 500.00 68 $ 34,000.00 Be S 34,000,00 $ $ S $ $ 3 $ 1,500.00 $ 2104.509 REMOVE SIGN EACH $ 300.00 1 $ 300.00 1 $ 300,00 $ S $ $ $ $ $ 2104.509 REMOVE SIGN TYPE C EACH $ 4200 101 $ 4,242.00 1G1 $ 4,242.00 _ $ $ _ $ $ $ $ $ $ _ $ 2104.549 REMOVE SIGNAL SYSTEMA EACH $ 7,000,00 1 $ 7,000.00 7 $ 7,000,00 $ $ S $ - $ - $ $ 2104.509 REMOVE SIGNAL SYSTEM B EACH $ 7,000.00 1 $ 7,000.00 1 $ 7,000.00 _ g $ $ $ S $ $ $ _ 2104.509 REMOVE SIGNAL SYSTEM C EACH $ 7.000.20 1 S 7,000.00 1 $ 7,000.00 S $ $ $ $ $ 2104.509 REMOVE LIGHT FOUNDATION EACH $ 400.00 39 $ 15,600.00 38 $ 15,200.40 6 $ $ $ $ $ 2104.509 REMOVE ENERGY ABSORBING TERMINAL EACH $ 500.00 3 $ 1,500.00 3 $ 1,500.00 $ S $ $ S S 1 S 400.00 S 2104.513 SAWING BR PAVEMENT (FULL DEPTH) L F $ 2.50 4940 $ 12,350.00 4440 $ 11,100.00 $ $ $ $ $ 6 $ $ 2104.521 SALVAGE WOOD RAIL FENCE L F $ 10.00 115 $ 1,150,00 $ $ $ $ $ $ 30 $ 75.00 47G $ 1,175.00 $ $ 2104.521 SALVAGE RETAINING WALL LF $ 50.00 15 $ 750,00 15 $ 750.00 $ $ $ $ $ - $ 115 $ 1,150.00 $ 2104.521 SALVAGE GUARDRAIL -PLATE BEAM L F $ 3.00 325 $ 975,00 325 $ 975.00 $ $ $ $ $ $ $ _ 2104.523 SALVAGE HYDRANT EACH $ 400.00 1 $ 40D.00 1 $ 400.00 $ $ $ $ S S $ S 2104.523 SALVAGE ANCHORAGE ASSEMBLY -PL BEAM EACH $ 800.00 1 $ 800,00 t $ BOO.DO $ $ $ $ $ $ $ $ 2104.623 SALVAGE BOULDER EACH 6 150.00 8 $ 1,200.00 8 $ 1,200.00 $ $ $ $ $ $ $ $ 2104.623 SALVAGE LIGHTING UNIT EACH $ 400.00 2 $ 800.00 2 $ $ $ $ $ $ S $ 2104,523 SALVAGE SIGN TYPE C EACH $ 45.00 17 $ 765.00 15 _ $ $ _ $ $ $ $ $ $ 2104,523 SALVAGE SIGN TYPED EACH $ 7G.00 3 $ 210.00 3 $ $ $ $ 6 S 2 $ 2104.525 ABANDON SANITARY SERVICE EACH 6 500.00 4 $ 2,000.00 3 "$840.00 $ $ $ $ $ $ $ 2104.801 HAUL SALVAGED MATERIAL LS S 10,000.00 1 $ 10,000.00 1 $ _ 6 $ $ - $ $ 21G4.602 SALVAGE SIGN SPECIAL EACH S 80.00 8 $ 640.D0 8 $ $ _ $ $ $ 6 $ _ $ - $ - $ $ I $ $ $ $ - Hennepin County Agreement pW 25-32_16 Exhibit "A', Sheet 3 of 8 PAGE 1 OF 6 N -IM -AP M12-®819 D71E-trestrlC-operafi,-Ag -nl InWQIZI SFQ_Tm-poNA. SRF C-19ng G -M. Inc. BY: A6 CKD 3Y: I4N EXHIBIT A - ENGINEER -S ESTIMATE OF PROBABLE CONSTRUCTION COST Wayzata Blvd (CSAR 112) - Phase 1 Hennepin County Proj. Na 0411011 SAP 027.712-001 100% Cost Estimate PAGE 2 OF 6 Hennepin County Agreement PW 25-32-16 Exhibit "A". Sheet 4 of 8 \ljL- BASE BID SAP ALTERNATE BID PROJECT TOTAL COUNTY TURN TURNBACK FUND ACK SAP 027-712-001 NON PARTICIPATING SAP 027-712-001 NON SAP 427_712-001 NON NON ESTIMATED PARTICIPATING PARTICIPATING PARTICIPATING NOTES ITEM NO. ITEM DESCRIPTION UNIT UNIT COST BASE+ALTERNATE ROADWAY STORM SEWER HENNEPIN CO. (1000A) HENNEPIN CO. (100%) HENNEPIN CO, 3396 ( ) {A) (B) DRDNO (67%) ORONO 100% ( ) HENNEPIN CO. (33%) LONG LAKE (87%) LONG LAKE (100%) LONG LAKE (100%) 2104.602 ABANDON GATE VALVE EACH $ 1,000.00 QUANTITY 2 $ AMOUNT 2,000.00 QUANTITY $ AMOUNT QUANTITY AMOUNT QUANTRY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY 2104.603 ABANDON STORM SEWER L F $ 25.00 154 $ 3,850,00 $ $ $ $ AMOUNT QUANTIFY AMOUNT QUANTITY AMOUNT 2104.603 154 $ 3,850.00 $ $ $ $ 2 $ 2,000.00 $ ABANDON PIPE SEWER LF $ 5.OD 200 $ 1,000.00 $ $ $ $ $ $ S 2104.603 ABANDON WATER MAIN LF $ 3.00 1184 S 3,552.00 $ $ $ $ $ 200 $ 1,000.00 $ $ 2104.607 SALVAGE RANDOM RlPRAP CY $ 30.00 40.9 $ 1,227.00 $ 40.9 $ 1,227.00 $ $ $ $ $ 1184 $ 3,552.00 $ $ 5 2105.601 DEWATERING LS $ 100,000.00 1 $ 100,000.00 1 $ 100,000.00 $ $ $ $ $ $ $ - - $ 2105.602 PIEZOMETER EACH $ 2,000.00 4 $ 8,000.00 4 $ 8,000.00 $ _ $ $ $ - $ $ $ - $ 2105.602 SETTLEMENT PLATES EACH $ 300.00 B S 1,800.00 B $ 1,800.00 $ $ _ $ $ $ $ $ _ $ 14 2105.604 GEDTEXTILE FABRIC SPECIAL Sy $ 5.00 2975 $ 14,875.00 2975 $ 14,875.00 -i--_ $ $ $ - $ - $ $ 2105.604 GEOTEXTTLE FABRIC TYPE VI S Y $ 3.50 55080 $ 192,710.OD 55060 $ M710.00 $ $ _ $ $ $ $ _ $ $ _ 2105.607 EXCAVATION SPECIAL C Y $ 10,00 14810 $ 148,100.00 14810 $ 148,100.00 $ $ $ $ $ $ $ $ $ 2105.607 EXCAVATION SPECIAL 1 CY $ 30.00 2400 $ 72,000.00 1770 $ 53,100.00 $ $ _ $ $ $ $ $ $ 9 2105.607 STRUCTURAL SOIL BORROW (CV) CY $ 125,00 B3 $ 10,375.00 83 S 10,375.00 $ $ $ $ $ $ 530 $ 18,900.00 $ 8 2105.609 HAUL &DISPOSE OF CONTAMINATED MATERIAL TON $ 30.00 4140 $ 123,000.00 3000 $ 90,000,00 $ $ $ $ $$ _ S 7 2105.612 DEWATERING SPECIAL 1 WEEK $ 3,500.00 6 $ 21,000.00 2 $ 7,000,00 $ $ $ $ $ 1700 S 33,OOD.00 $ $ 12 2105.612 DEWATERING SPECIAL WEEK $ 2,000.00 4 $ 8,000.00 4 $ 8,000.00 $ $ $ $ $ $ 4 $ 14,000.00 $ 2106.501 EXCAVATION -COMMON (P) CY $ 8.00 26901 $ 215,208.00 28901 $ 215,208.00 $ $ $ $ $ $ $ $ 2108.507 EXCAVATION -SUBGRADE (P) CY $ 8.50 31482 $ 2$7,597.00 31482 $ 267,597.00 $ S $ $ $ $ $ $ 2108.522 SELECT GRANULAR EMBANKMENT(CV) (P) CY $ 18.00 32461 $ 519,376.00 32461 $ 519,376.00 $ $ $ $ $ S $ $ 14 2108.522 SELECT GRANULAR EMBANKMENT MOD 7% CV ( } (P) C Y $ 14.00 13611 $ 190,554.00 13611 $ 190,554.04 $ $ $ $ $ $ $ $ 2106.522 SELECT GRANULAR EMBANKMENT MOD 10% (CV) (P) C Y $ 18.00 2462 $ 44,316.00 24fi2 $ 44,318.00 $ $ $ $ $ $ $ 21 06.523 COMMON EMBANKMENT (CV) (P) CY $ 6.56 18743 S 121,829.50 18743 $ 121,829,50 $ $ $ $ $ $ $ $ $ 8 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $ 150.00 250 $ 37,500.00 250 $ 37,500.00 $ _ $ _ $ $ $ $ $ 2211.503 AGGREGATE BASE (CV) CLASS 6 {P) C Y $ 2700 . 11261 $ 304,047.00 11145 $ 300,915.00 $ '$ $ $ $ $ $ $ 2232.501 MILL BITUMINOUS SURFACE (2.0-) S Y $ 8.00 480 $ 3,840.00 480 $ 3,840,Op $ 53 $ 1,437.00 $ $ $ 63 $ 1,701.00 $$ $ 2360.501 TYPE SP 9:5 WEARING COURSE MIX (2,B) TON $ 85.00 1105 $ 93,925.00 1060 $ 90,1 00,00 $ $ $ $ $ - $ _ $ $ 2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,C) TON $ 72.00 9940 $ 715,680.00 9940 $ 715,680,00 $ _ $ _ $ $ $ 5 $ 425.00 40 $ 3,400.00 _ $ 2360.502 TYPE SP 19.0 NON WEAR COURSE MIX (3,B) TON $ fi8,00 17770 $ 800,360.00 11770 $ 800,380.00 $ $ $ $ $ $ $ 10 2401.513 TYPE MOD P-4 (TL -4) BARRIER CONC (3552) (P) LF $ 90.00 625 $ 56,340.00 626 $ 56,340.00 $ S $ $ $ $ $ $ 10 240202583 ORNAMENTAL METAL RAILING TYPE SPECIAL 1 LF $ 180.01) 945 $ 170,100.00 945 S 170,100.00 $ $ $$ $ - - $ - $ $ 10 24583 ORNAMENTAL METAL RAILING TYPE SPECIAL 2 L F $ 180,00 443 $ 79,740.00 443 $ 79,740.OD $ _ $ _ $ $ $ $ $ $ 10 2411.501 STRUCTURAL CONCRETE (1G52) C Y $ 500.00 402 $ 201,000.OD 402 $ Z01,Op0,p0 $ $ $ $ $ $ $ $ 10 2411.501 STRUCTURAL CONCRETE (3652) CY $ 850.00 408 $ 346,800.00 408 $ 348,800.00 $ $ $ $ $ - S $ $ 2411.511 STRUCTURE EXCAVATION CLASS U CY $ 20.00 3296 $ IS5,960.0D 3298 $ 65,900.00 $ $ $ $ $ $ $ $ 10 2411.541 REINFORCEMENT BARS (P) LB $ 1.25 50825 $ 63,531.25 50825 $ 63,53125 $ $ $ $ $ - $ $ $ $ 10 2411.541 REINFORCEMENT BARS (EPDXY COATED) (P) LB $ 1.30 37287 $ 48,473.10 37287 $ 48,473.10 $ $ $ $ - $ $ $ $ 2411.803 INSTALL RETAINING WALL LF $ 200.00 15 $ 3,000.00 15 $ 3,000.00 $ _ $ _ $ $ - $ - $ $ _ 14 241t.SD4 REINFORCED SOIL SLOPE S Y $ 90.00 2580 $ 230 ,400.00 2560 $ 230,400.00 $ $ $ $ $ $ $ $ 70 2411.816 PREFABRICATED MODULAR BLOCK WALL (P) SF $ 42.00 4450 $ 166,9DMOD 4450 $ 186,900.00 $ $ $ $ $ $ $ 10 2411.618 ARCM SURFACE FINISH (MULTI COLOR) SF $ 5.00 3925 $ 19,625.00 3925 $ 79,625.00 $ _ $ $$ - $ $ $ _ $ $ 10 2411.618 ARCH CONC TEXTURE (RANDOM CUT STONE) SF $ 15.00 3925 $ 58,875.00 3925 $ 58,875.00 $ $ $ $ $ $ $ 10 2411.618 THIN BRICKVENEER SF $ 30.00 432 $ 12,960.00 432 $ 12,960.00 $ _ $ $ $ - $ $ $ _ $ $ 2412.511 10X6 PRECAST CONCRETE BOX CULVERT LF 3 1,000.00 16 $ 16,000.00 $ 1fi $ 1fi,000,p0 $ _ $ $ $ $ $ 2412.512 10X6 PRECAST CONCRETE BOX CULV END SECT EACH 5 10,000.00 1 $ 10,000.00 $ $ $ $ $ $ 2451.5137 GRANULAR BEDDING (CV) CY $ 22.00 254 $ 5,588.00 $ 1 $ 10,000.00 $ $ $ $ $ $ $ 10 2452.519 C -I -P CONC TEST PILE 35 FT LONG 16" EACH $ 5,SOD.Op 11 $ 50,500.00 11 $ 80,500.00 254 $ 5,586,00 $ $ S - $ - $ $ $ 10 2452.527 PILE REDRIVING EACH $ 750.00 21 3 15,750.00 21 $ 15,750.00 $ $ _ $ _ $ $ $ $ $ $ $ $ 16 2452.601 STEEL SHEET PILING (TEMPORARY) LS $ 300,000,00 1 $ 300,000.00 1 $ 300,000.00 $ $ $ $ - $ $ $ $ 10 2452.603 C4 -P CONCRETE PILING 16" L F $ 55,00 2W5 $ 114,125.130 2075 S 114,125.00 $ _ $ $ $ $ S $ _ 10 2452.603 ROTARY BARED C -I P CONCRETE PILING 16- INSTALLED LF $ 200.00 1161 $ 232200.00 1161 $ 232,200,00 $ $ $ $ $ $ $ $ 2452618 STEEL SHEET PILING (TEMPORARY) SF $ 25.00 5720 $ 143,000,00 5720 $ 143,000.00 $ $ $ $ $ $ $ $ 2501.515 1B-' GS PIPE APRON EACH $ 400.00 2 $ 800.00 $ - 2 $ $ $ $ $ $ 2501.515 15' RC PIPE APRON EACH $ 600.00 2 $ 1,200.00 $ $ 800.00 ',,200.00 $ $ $ $ $ $ $ 2501.515 16" RC PIPE APRON EACH $ 650.00 2 $ 1,300.00 $ 2 $ $ $ $ S $ $ - 2501.515 24" RC PIPE APRON EACH $ 750.00 2 $ 1,500.00 $ 2 $ 1,300.00 $ $ $ $ $ $ $ 2501.515 27" RC PIPE APRON EACH $ 650.00 3 $ 2,550.00 $ 2 5 1,5DD.W $$ $ $ $ $ $ 2501.575 36 RC PIPE APRON EACH $ 1,200.00 1 $ 1,200.00 $ 3 $ 2,550.00 $ $ $ $ $ $ $ 2501.525 42" SPAN GS PIPE -ARCH APRON EACH S 600.DD 2 $ 1,200.00 $ 1 -21,200.00$ $ 1,200.00 $ $ $ $ $ $ 2501.525 65" SPAN RC PIPE ARCH APRON EACH $ 2,100.00 2 $ 4,200.00 $ $ $ $ $ $ $ $ $ 2501.525 66" SPAN RC PIPE -ARCH APRON EACH $ 2,700.00 1 $ 2,700.00 $ 2 $ 4 400 $ $ $ $ $ $ 2501.602 TRASH GUARD FOR 18" PIPE APRON 1$ $ 2,700.00 $ $ $ $ EACH $ 350.00 2 $ 700.00 $ 2 $ 700.00 S $ $ $ $ 2501.602 TRASH GUARD FOR 24" PIPE APRON EACH $ SDO.00 2 $ 1,200.00 $ 2 $ $ $ $ $ 2502.521 4" TP PIPE DRAIN L F $ . 700 220 $ 1,540.00 220 $ 1,540.00 $ $ 1,200.00 $ $ $ $ $ $ $ $ 2502.541 4" PERF TP PIPE DRAIN LF $ 7.00 129W $ 90,762.00 12966 $ 90,7fi2.00 $ $ $ $ $ I $ $ $ $ $ $ $ $ 1 $ PAGE 2 OF 6 Hennepin County Agreement PW 25-32-16 Exhibit "A". Sheet 4 of 8 \ljL- fti"Vmjk1V 0671 011 s61ram1CeopeaC„B A6iv-t lffroj9463 SED Ttanyp.",x� SRF C-wldM Group,1- By AG CKD BY. NW NOTES ITEM NO. ITEM DESCRIPTION 250260214" TP PIPE CLEANOUT 2503.511 12" CS PIPE SEWER 2503.511 15" CS PIPE SEWER 2503.511 18" CS PIPE SEWER 2503.511 8" PVC PIPE SEWER 2503.521 42" SPAN CS PIPE -ARCH SEWER 2503.521 65" SPAN RC PIPE -ARCH SEWER CL IIA 2503.521 86" SPAN RC PIPE -ARCH SEWER CL IIA 2503.541 15" RC PIPE SEWER DES 3008 CL V 2503.541 18" RC PIPE SEWER DES 3006 2503.541 21" RC PIPE SEWER DES 3006 2503.541 24" RC PIPE SEWER DES 3006 2503.541 2T' RC PIPE SEWER DES 3006 2503.541 27' RC PIPE SEWER DES 3006 CL III 2503.541 30" RC PIPE SEWER DES 3006 2503.541 30" RC PIPE SEWER DES 3006 CL IV 2503.541 36" RC PIPE SEWER DES 3006 2503.541 48" RC PIPE SEWER DES 3006 2503.801 LOWER FORCEMAIN 2503.601 BYPASS PUMPING 2503.602 RECONNECTTO EXISTING SANITARY SEWER SER 2503.602 CONNECT TO EXISTING SANITARY SEWER 2503.602 CONNECT TO EXISTING STORM SEWER 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE 2503.602 B"X4" PVC WYE 2503.603 CLEAN PIPE SEWER 2503.603 *'PVC SANITARY SERVICE PIPE 2503.603 1&'H PE PIPE SEWER 2503.603 16" HDPE PIPE SEWER 2503.603 24" HDPE PIPE SEWER 2503.603 12" PVC CASING PIPE SPECIAL 2503.603 12" PVC CASING PIPE 2504.601 TEMPORARY WATER SERVICE 2504.802 CONNECT TO EXISTING WATER MAIN 2504.802 CONNECT TO EXISTING WATER SERVICE 2504.602 HYDRANT 2504.502 RELOCATE HYDRANT 2504.502 INSTALL HYDRANT 2504.602 ADJUST VALVE BOX -WATER 2504.602 ABANDON WATER SERVICE 2504.802 1"CORPORATION STOP 2504.802 1.5" CORPORATION STOP 2504.802 4" GATE VALVE & BOX 2504.802 6" GATE VALVE & BOX 2504.802 T GATE VALVE & BOX 2504.802 1" CURB STOP & BOX 2504.802 1.5" CURB STOP & BOX 2504.803 INSPECTION HOLE 2604.803 1" TYPE K COPPER PIPE 2504.603 1.5" TYPE K COPPER PIPE 2504.603 6" WATERMAIN DUCTILE IRON CL 52 2504.603 B" WATERMAIN DUCTILE IRON CL 52 2504.603 4" PVC WATERMAIN 2504.603 6" PVC WATERMAIN 2504.603 8" HDPE WATERMAIN (DIRECTIONAL DRILLED) 2504.604 4" POLYSTYRENE INSULATION 2504.608 DUCTILE IRON FITTINGS 2506.501 CONST DRAINAGE STRUCTURE DESIGN F 2506.501 CONST DRAINAGE STRUCTURE DESIGN G 2508.501 CONST DRAINAGE STRUCTURE DESIGN H 2506.501 CONST DRAINAGE STRUCTURE DESIGN SD -48 2506.501 CONST DRAINAGE STRUCTURE DESIGN SD -60 2505.501 CONST DRAINAGE STRUCTURE DESIGN SD 72 2506.501 CONST DRAINAGE STRUCTURE DESIGN SD -B4 EXHIBIT A - ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST Wayzata Blvd (CSAR 112) - Phase 1 Hennepin County Prof. No. 081101, SAP 027-712-001 100% Cost Estimate BASE BI PAGE 3 OF 6 ' 027-712-001 s PARTICIPATING 1 11 s PARTICIPATING e PARTICIPATING SAP 027-712-001 PROJECTTOTAL COUNTY TURN BACK FUND SAP 027_7'12-001 NON PARTICIPATING ESTIMATED UNIT UNIT COST BASE+ALTERNATE ROADWAY STORM SEWER HENNEPI (100%) HENNEPIN CO. (100%) (A) (B) (B) QUANTITY I OUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT EACH $ 275.00 6 $ 1,650.00 S $ $ LF $ 35.00 38 $ 1,330.00 S - 38 $ 1,330.00 $ $ $ LF $ 36.00 80 Is 2,880.00 S 80 $ 2,880.00 $ $ LF $ 40.00 33 $ 1,320.00 5 33 $ 1,320.00 $ $ LF $ 32.00 150 $ 48,224.00 641. S 20,51200. $ $ $ -LF $ 150.00 90 $ 13,500.00 $ 90 $ 13,500.00 $ $ -LF $ 240.00 96 $ 23,040.00 $ 96 $ 23,040.00 $ $ LF $ 320.00 64 $ 20,480.00 $ 64 $ 20,460.00 $ $ LF $ 36-001 3437 $ 123,732.00 3 3437 $ 123,732,00 $ $ -LF $ 36.00 1811 $ 65,196.00 $ 1811 $ 65,198.00 $ $ LF $ 40.00 946 $ 37,840.00 $ 946 $ 37,840.00 $ $ -LF $ 42.00 1906 $ 80,062.00 $ 1906 5 80,052.00 $ $ LF $ 44.00 103 $ 4,532.00 $ 103 $ 4,532,00 $ $ LF $ 50.00 41 $ 2,050.00 $ 41 $ 2,050,00 $ $ LF $ 54.00 30 $ 1,620.00 $ 30 $ 1,620.00 $ $ LF $ 70.00 299 $ 20,930.00 $ 299 $ 20,930.00 $ $ LF $ 70.00 5 $ 350.00 $ 5 $ 350.00 $ $ LF $ 125.00 321 S 40,125.00 $ 321 $ 40,125.00 $ $ LS $ 3,500.00 1 $ 3,500.00 t $ 3500.00 $ - $ $ LS $ 5,000.00 1 s 5,000.00 0.8 $ 4,000.00 $ $ $ EACH $ 300.00 2 $ 600.00 2 $ 60000 $ $ $ EACH $ 1,500.00 6 $ 9,000.00 1 $ _ 1,5000: $ $ $ EACH $ 700.00 8 $ 5,600.00 $ B $ 5,6C0.00 $ $ EACH $ 800.00 3 $ 2,400.00 $ 3 $ 2,400.00 $ $ EACH $ 400.00 2 Is BD0,00 2 $ 80000 $ $ $ -LF $ 20.00 372 $ 7,44000 $ $ $ $ -LF $ 30.00 20 $ 600.00 2D .-$ 800:00 $ $ $ LF $ 35.00 168 $ 5,880.00 $ 168 $ 5,880.00 $ $ LF $ 50.00 162 $ 8,100.00 $ 162 $ 8,100.00 $ $ LF $ 125.00 297 $ 37,125.00 $ 297 $ 37,125.00 $ $ LF $ 120.00 150 $ 18,000.00 $ $ $ $ -LF $ 50.00 517 $ 25,850.00 437 $ 21.;85000 $ $ $ - LS $ 5,000,00 1 $ 5,000.00 $ $ $ $ EACH $ 11500.00 9 $ 13,500.00 2 $ 3,00(LOD $ $ $ EACH $ 500.00 12 $ 6,000.00 $ $ $ $ EACH $ 5,000.00 9 $ 45,000.00 S. $ 25;000;00 6 $ $ EACH $ 1,750.00 3 $ 5,250.00 3 Ak 5�2MIM $ $ $ EACH $ 2,000.00 1 $ 2,000.00 1 $ 2,8000[) Is $ EACH $ 300.00 5 $ 1,500.00 5 $ 1,500.00 $ $ $ $ EACH $ 500.00 4 $ 2,000.00 $ _ $ $ $ EACH $ 400.00 10 S 4,000.00 $ $ $ EACH $ 450.00 2 3 900.00 $ $ - $ $ $ EACH $ 1,700.00 1 $ 1,700.00 $ $ $ $ EACH 5 1,650.00 10 3 18,500.00 a 3 11.100-001 $ $ EACH $ 2,000,06 11 $ 22,000.00 1 L$ 2,OM00. $ $ $ EACH $ 400.00 10 $ 4,000.00 $ $ $ $ $ EACH $ 600.00 2 $ 1,000.00 $ $ $ $ LF $ 90.00 100 $ 9,000.00 100 $ 9,000.00 $ $ $ LF $ 20.00 160 $ 3,200.00 $ $ $ $ -LF $ 25,00 40 $ 1,000.00 $ $ $ $ LF $ 40,00 176 $ 7,040.00 106 $ 42240:00 $ $ $ -LF $ 55,00 450 $ 24,750.00 $ _$ $ $ LF $ 40,00 147 $ 5,880.00 106 $ 4,244-00 $ $ $ LF $ 34.00 2885 $ 98,090.00 628 $' 21„35200 $ $ $ LF $ 80.00 630 $ 66,400.00 $ _ $ - $ $ S Y $ 38.00 157 $ 5,986.00 $-- 57 $ 2,165.00 $ $ LB $ 3.50 3111 $ 10,888.50. t052 LF $ 250.00 145.5 $ 36,375.00 $ 145.5 $ 36,375.00 $ $ LF $ 275.00 101.5 $ 27,912.50 $ 101.5 $ 27,912.50 $ $ LF $ 275.00 19 $ 5,225.00 $ 19 $ 5,225.00 $ - $ LF $ 400.00 178.7 $ 71,480.00 3 178.7 $ 71,480.00 $ $ L F $ 525.00 29.5 $ 15,487.50 $ 29.5 $ 15,487.50 $ TEEIS $ -LF $ 700.001 21.4 IS 14,9B0.00 $ 21.4 is 14,9B7.00 $ -LF $ 1,200.00 6.2 $ 7,440.00 $ 8.2 $ 7,440.00 $ $ PAGE 3 OF 6 ' 027-712-001 s PARTICIPATING 1 11 s PARTICIPATING e PARTICIPATING ®-®-�®� Hennepin County Agreement PW 25-32-16 Exhibit ieA Sheet 5 Of 8 4mn�aalptP1111�OBii_p11Fo1olGoaPeali'ae ABnem,rt Ir%b19AB3_fr6Q TlLnape,txkx SRF Gorm" G up, Irc. By. AG CKO BY: NW ITEM NO. ITEM DESCRIPTION EXHIBIT A - ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST Wayzata Blvd (CSAH 112) - Phase 1 Hennepin County PTOJ- NO. 091101, SAP 027-712-001 100% Cost Estimate BASE BID ALTERNATE BI[ SAP 027-712-001NON NON NON PROJECT TOTAL COUNTY TURNBACK FUND SAP 027-712-001 PARTIC PAYING SAP 027-712-001 NON SAP 027-712-001 ESTIMATED PARTICIPATING PARTICIPATING PARTICIPATING UNIT UNIT COST BASE+ALTERNATE ROADWAY STORM SEWER HENNEPIN CO. (100%) HENNEPIN CO. (100%) HENNEPIN CO. (33%) (A) ORONO HENNEPIN CO. (B) 100% ORONO [fi7%} ( ) LONG LAKE {677%}%) LONG LAKE (100%) LONG LAKE {101)%) - 2562.502 2582.502 2582.502 2582.502 2582.502 2582.502 2562.502 2562.502 2582.502 2582.502 2582.503 2582.503 4" SOLID LINE EPDXY S" SOLID LINE EPDXY 24" SOLID LINE EPDXY 4"DBLE SOLID LINE EPDXY 4" SOLID LINE EPDXY GR IN 6" SOLID LINE EPDXY GR IN 24" SOLID LINE EPDXY GR IN 4" BROKEN LINE EPDXY GR IN 8" DOTTED LINE EPDXY GRIN 4" DBLE SOLID LINE EPDXY GR IN CROSSWALK EPDXY CROSSWALK PREF THERMO GR INS L F L F L F L F L F L F L F L F L F L F SF F $ $ $ $ $ $ $ $ $ $ $ S 0-50T 0.60 6.59 0.70 0.60 0,60 1200 1.50 10.20 0.90 4.50 13.00 2270 2250 380 2560 9050 7660 1360 f050 90 7330 270 1730 $ $ $ $ $ $ $ $ $ $ $ $ 1,135.00 1,350.00 2,340.00 1,792.00 5,430.00 4,596.00 1137320.001 1,575.00 918.00 6,597.00 1,215.00 22,490.00 2270 2250 360 2560 9050 7660 1360 1050 90 7330 270 1730 $ $ $ $ $ $ $ $ $ $ $ $ 1,135.00 1,350.00 2,340.00 1,79200 5,430.00 4,596.00 16,320.00 1,575.00 918.00 6,597.00 1,215.00 22,490,00 ....... . _.,..,..., $ $ $ $ $ $ $ $ $ $ $ $ ..e...nr.I I i r I / MUUIY i $ $ $ $ $ $ $ $ $ $ $ DUAN PITY AMi $ S $ $ $ $ $ $ $ $ $ $ 48,000,00 0.5 $ SUBTOTAL 0.5 $ 24,000.00 $ S 48,000.00 0.5 12,891,724.35 48,000.00 $10,330,809,35 24,000.00 $1,017,962.00 TEMP SYSTEM A (112@BROWN) - CABINET SYS $285,250.50 $127 COUNTY FURNISHED SIGNAL ITEMS (NOT INCLUDED IN CONTINGENCY OR SUBTOTALS BELOW) SYSTEM A(112®BROWN)-CABINET, CONTROLLER, VIDEO SYS S 48,000.00 0.5 $ 48,000,00 0.5 $ 24,000.00 0.5 $ 24,000.00 SYSTEM B (1120LAKE) - CABINET, CONTROLLER, VIDEO SYS S 48,000.00 0.5 $ 48,000.00 0.5 $ 24,000.00 0.5 S 24,000,00 TEMP SYSTEM A (112@BROWN) - CABINET SYS $ 22,000.00 1 $ 22,000.00 1 S 22,000.00 $ TEMP SYSTEM B (112@WILLOW) -CABINET, CONTROLLER, VIDEO SYS $ 48,000.00 1 S 48,000.00 1 $ 45,000.00 $166,000_00 $118,000.00 $48,000.00 BASE BID SUBTOTAL ALTERNATE BID SUBTOTAL BASE + ALTERNATE BID TOTAL BASE BID: TURNBACK TOTAL $11,348,791.35 BASE BID: STATE AID PARTICIPATING TOTAL BASE BID: NON PARTICIPATING TOTAL $285,250.60 ALTERNATE BID: NON PARTICIPATING TOTAL NOTES (P) DENOTES PLAN QUANTITY (1) SANITARY MANHOLES (2) STORM SEWER MANHOLES OR CATCH BASINS (3) TO BE USED ON BOTH 4" CONCRETE WALK AND 6- CONCRETE WAL K IN AREAS INDICATED ON THE STREETSCAPE PLANS & DETAILS (4) TO BE USED FOR ANTI -SEEP COLLARS IN LOCATIONS DESIGNATED ON THE DRAINAGE PLANS AND SANITARY I WATERMAIN PLANS & DETAILS (5) USED FOR DEWATERING LONG LAKE FOR REINFORCED SOIL SLOPE CONSTRUCTION (6) USED FOR MOBILIZATION AND DE-MOBILEZATION OF CONTAMINATED GROUNDWATER TREATMENT EQUIPMENT FOR LAKE STREET AND BROWN ROAD INTERSECTIONS (7) USED FOR DEWATERING OF CONTAMINATED GROUNDWATER AT LAKE STREET INTERSECTION (S) ITEM TO BE USED UPON THE REQUEST OF THE ENGINEER (9) SEE STREETSCAPE PLANS & DETAILS FOR LOCATIONS (10) SEE RETAINING WALL PLANS & DETAILS FOR LOCATIONS (11) FENCE SHALL BE COLOR BLACK AND INCLUDE A TOP RAIL, SEE SPECIAL PROVISIONS. (12) USED FOR DEWATERING OF CONTAMINATED GROUNDWATER AT BROWN ROADNIRGINIA STREET INTERSECTIONS (13) INCLUDES ALL ITEMS FOR TRAFFIC CONTROL, DETOURS AND STAGES AND ANY OTHER ITEMS AS DEEMED NECESSARY FOR TRAFFIC CONTROL BY THE ENGINEER UNLESS OTHER PAY ITEMS ARE INCLUDED IN THE PLAN (14) SEE REINFORCED SOIL SLOPE PLANS & DETAILS FOR LOCATION (15) STORMWATER TREATMENT DEVICE (GRIT CHAMBER) (16) FOR TEMPORARY COFFERDAMS IN LONG LAKE TO CONSTRUCT REINFORCED SOIL SLOPE 1. DENOTES WATER AND SANITARY ITEMS DESIGNED BY THE CITY OF LONG LAKE FUNDING NOTES (A) TRAIL & LIGHTING: HENNEPIN COUNTY STATE AID (50%), HENNEPIN COUNTY STATE AID -MUNICIPAL (50%) SIGNAL SYSTEM A: TURNBACK (50%), HENNEPIN COUNTY STATE AID (25%), HENNEPIN COUNTY STATE AID -MUNICIPAL (25%) SIGNAL SYSTEM B: TURNBACK (50%), HENNEPIN COUNTY STATE AID -MUNICIPAL (50%) (B) HENNEPIN COUNTY FIBER- IT PAGE 6 OF 6 10 $97,789.70 $19,809.201 $273,733.701 — $656,662.00 $81,697.9C $12,810,026.45 $12,891,724.35 175,984.60 $81,697 $81,697.90 Hennepin County Agreement PW 25-32-16 Exhibit "A", Sheet 8 of 8 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Adam Edwards Y"-4 Title Public Works Director/City Engineer Item Description: 2017 Public Works Plan (Preliminary) List of Exhibits A. 2017 Public Works Plan DATE: November 28, 2016 ITEM NO: 5 Agenda Section: Public Works Director/ City Engineer's Report 1. Purpose. The purpose of this item is to gain Council input for the Preliminary 2017 Public Works Plan. The revised plan will be presented for approval at the December 11th, 2016 Council meeting. 2. Background. The 2017 Public Works Plan is an effort to improve the planning and budgeting of the Public Works and Engineering activities for the City of Orono. The intent of the plan is to: a. Provide an increased level of detail and refinement on those items from the Capital Improvement Plan (CIP) that are scheduled for the upcoming calendar and fiscal year. b. Improve the coordination/timing of projects. c. Provide City Council a comprehensive list of work for approval early in the year in conjunction with the CIP and Budget approvals. d. Ensure that the Public Works and Engineering Department's priorities and work items are meeting Council's intent and direction. e. Identify items for planning and engineering the year prior to their execution. 3. 2017 Public Works Plan. The 2017 Public Works plan is attached as Exhibit A. Upon approval, the Public Works and Engineering Staff will begin executing the plan. Many of the projects will require further Council action for design approvals and/or award of contracts.. COUNCIL ACTION REQUESTED: Provide Council feedback on the 2017 Public Works Plan. 2017 Public Works Plan The 2017 Public Work Plan describes the planned activities of the Public Works and Engineering Department broken down by functional area. Once approved by the City Council it will be the guiding work document for the Department's activities in 2017. Table of Contents Public Works Overview 2 Public Works 2016 Plan by Function 3 Administration 3 Engineering 3 Equipment 3 Facilities 4 Parks 4 Sewer 5 Water 6 Storm Water 6 Streets 7 Maintenance District Map 8 Project Map 9 References: City Council 2016 Goals 2008-2030 Community Management Plan Capital Investment Plan 2016 Draft Budget Water System Plan, 2013 Well Head Protection Plan, 2013 Pavement Management Plan, 2014 Public Works and Engineering Department Overview Vision: Making people's lives better through the services we provide each day. Mission: Orono Public Works enhances the safety, welfare and livability of the community by providing and managing infrastructure and services for Water, Sewer, Facilities, Streets and Parks. Goals: • Proactively maintain the City's infrastructure thru established and aggressive preventative maintenance programs • Develop, support and retain a qualified, motivated and well-trained work force • Provide a responsive, respectful, customer service oriented focus in all we do • Ensure construction and maintenance activities are conducted to standard in a fiscally and environmentally responsible way • Identify and champion sustainable funding for Public Works services Organization: Public Works Director: Adam Edwards, P.E. Streets and Storm Sewer I Parks Utilities and Facilities Engineering Golf Course Supervisor: David (DJ) Goman Supervisor: Scott City Engineer: Adam Edwards, Superintendent: Ron Oberaigner P.E. Steffenhagen (Part Time) Clubhouse Manager: Rob Howells (Seasonal) • Equipment Maintenance • Parks • Sanitary sewer system • Design, management and • Manage and maintain a 9 • Municipal Street Signage • Playgrounds o Lift stations construction of the cities hole municipal Golf Course • Residential Street Lights • Beaches • Water production & infrastructure • Snow Plowing • City docks distribution • Implements the SWPPP, • Street Repairs • City grounds o Fire hydrants NPDES, Well Head Protection, • Roadside Tree Trimming • Ice rinks o Meter reading and Pavement Management plans. • Sidewalks • Trails o Water meters • Reviews Construction and • Drainage o Water Quality Report Zoning permit applications • Storm Water System • Underground utility (Grading and Erosion) • Street Sweeping locates • Support PB&Z property • City buildings complaints. 6 Maintenance Workers Engineering Consulting Firm: 3 Maintenance Workers 1 Parks Maintenance Worker (Seasonal) Bolton and Menk, Inc 6 Clubhouse Attendants 1 Maintenance Worker (Seasonal) Dave Martini, P.E. (Seasonal) 2017 Projects Category Project Detail / Scope Justification Estimated Cost Funding Lead Source Snow Removal Plan Create/ revise the city snow and ice removal plan. The city does not have a coherent plan for dealing with snow and ice. The portions of a plan the city does have are not incompliance with the latest best practices. Streets Admin Staff Time PW Operating Golf Course Superintendent recruitment Solice for, interview and select a new Golf Course Superintendant. Current Superintendant, Ron Stefanhagen's, phased retirement end in 2017. and Transition Admin Staff Time Golf Course PW Water Supply Plan Update Water supply plan which is due in 2018. Plan to be included in the Comprehensive Every ten years, all public water suppliers in Minnesota that serve more than 1,000 people plan. must have a water supply plan approved by the Department of Natural Resources (DNR). Engineering This requirement, in place since the 1990s, is designed to encourage communities to deal $ 10,000 Water Fund BMI proactively with providing sustainable water supply for citizens, businesses and industry. Replace Dump truck with Plow # 427 Replace Truck with single axel dump truck with Plow, Sander and prewetting equipment. The plow truck is beyond it useful life. This is the 3rd of 4 PW's large dump truck/ plow fleet. The truck is used for general street maintenance, hauling of material and snow Equipment Equipment removal. $ 175,000 Outlay Fund PW Replace 30KW portable Generator Procure a replacement 30 KW Generator with Light set for the current one which has been Current generator is has been in service since 1984 and is now unreliable. Equipment in service since 1984. 20,000 Sewer Fund PW Procure Tractor with mower and Will replace current John Deere tractor, Large Sweeper attachment and Toro self propelled The current tractor is beyond its useful life and requires constant maintenance. The tractor sweeper attachments. Sweeper. is used for park mowing (in particular Big Island) and miscellaneous activities. The Toro Equipment Equipment Grounds master sweeper is also at the end of its life. It is used for sidewalk snow removal. 40,000 Outlay Fund PW And the sweeper unit that attaches to the large JD Tractor and is used for parking lot snow Replace Toro Sprayer for Golf Course Procure new sprayer for golf course The existing sprayer is at the end of its useful life. Turf maintenance requires regular Equipment applications of different liquids in a controlled manner. (OGC) 9,000 Golf Course PW Color code Funding available through Sufficient funding not proposed budget or identified but may be available appropriate ente rise fund from sitive fund balances 0 0 As Of: 11/22/2016 2017 Projects Category Project Detail / Scope Justification Estimated Cost Funding Source Lead City Hall Fire Protection System Assess and then repair leaking fire suppression pipes in City Hall. In 2014 the City replaced the fire suppression system main lines to correct leaks in the Upgrade system. Since that time additional leaks have occurred, likely in the lateral lines or Facilities connection between the laterals and mains or sprinkler heads. Building Fund PW Fuel System Upgrade This project will provide a new fuel control hardware and software and paint the existing The current fuel system has exceeded its useful life and has become quite unreliable. tank. Facilities Building Fund PW Brush Site Fencing This project includes fencing off the brush site and installing an automatic gate. The city has had the aspiration of offering a brush site service to our residents. We have provided service after storms at the McCully road site. Over the last 12 months we have experimented with leaving the site open year round hover many contractors and no Orono Community Facilities residents have been taking advantage of the site. Fencing and an automatic gate would investment PW allow for the city to continue to offer this service. Fund Public Works Water Softener Replacement and upsizing of the water softener at Public Works. At the time of construction a residential sized water softener was installed at public works. It has not exceeded it useful life and does not have sufficient capacity to meet current and Facilities future needs. Building Fund PW Navarre Garage Siding Replacement of rotting and damaged siding and painting of building siding is rotting in places and is general need of a facelift. Facilities Sewer Fund PW Willow Drive Trail Rehabilitation This project will rehabilitate the bituminous trail that runs along Ferndale Road. Trail is cracking and as settled in places. Pavement needs preventative maintenance. Rehabilitation will include a combination of patching, replacing, and sealing the pavement. Parks $ 68,900 Park Fund BMI Antoine Park Playground Border and This project includes the replacement of the border around and new surfacing materials Existing border has sustained some damage. Recommend replacement of the border prior Surface within the play ground area. to application of new surfacing materials which are refreshed every few years. Parks Park Fund PW Saga Hills Park improvements Proposed improvements include marking trails, removing buckthorn, reestablishment of This is a Park Commission Priority Park for 2017. hilltop pasture area (tree removal, grass seeding), parking lot improvements. $ 10,000 Parks Park Fund PW Highwood Park Improvements Proposed improvements include marking trails, removing buck thorn, parking lot This is a Park Commission Priority Park for 2017. improvements and two small foot bridges. Park Operating Parks S 5,000 Budget PW Golf Course Irrigation Pond Dredging This project would remove approximately 1 It of sediment from the bottom of the Golf Sediment had built up on the bottom of the irrigation pond over the past several years course irrigation pond. reducing the pond capacity and impacting pump operation. Parks (OGC) $ 25,000 Golf Course PW Golf Course Parking lot sealing and This project consists of seal coating and then striping the golf course parking lot. The asphalt parking lot is in need of sealing. Currently the parking lot is not stripped which striping can lead to some chaos for customers as they try and figure out where to park. Parks (OGC) $ 7.000 Golf Course PW Color Code Funding available through Sufficient funding not I Suffictent funding not proposed budget or identified but may be available rntified. Project at risk_ appropriate ente rise fund from positive fund balances As Of: 11/22/2016 2017 Projects Category Project Detail / Scope Justification Estimated Cost Funding Lead identified but may be available rentified. Project at risk. appropriate ente rise fund Source Monitoring and Alarm Upgrade This is a continuation/ expansion of the project begun in 2016. This project will see the As of 2016 the city only had 13/46 lift stations being electronically monitored. The provision of electronic monitoring of 3-4 additional Lift Stations. This project will electronic monitoring system being used has exceeded its useful life. The remaining lift Sewer upgrade/replace components of the monitoring system including antennas, cabling, and stations are dependent upon audible and visual alarms to provide notification of mechanical 26.000 Sewer Fund PW uninterruptable power supply (UPS) issues. The provision of electronic monitoring for all of the city's lift stations will improve System Extension along CSAH 112 This project will provide sanitary for the future developments along the south side of This project is required to provide sewer service to the Eisenger development. The CSAH 112 from along the Eisinger and Dumas Properties.. The project consists of developer will pay for the section benefiting the development ($220,567) however the City Sewer constructing an 8" sanitary sewer main, a force main and a lift station along CSAH 112. will fund the difference ($435,767). $ 435,767 Sewer Fund BMI 2017 Sanitary Sewer Upgrades (CIDP This Sanitary Sewer Rehabilitation project will consist of Cured in Place Pipe (CIPP) Reduce Inflow and Infiltration (I&I) into the Sanitary sewer systems. The lining process and Manhole Sealing) lining approximately 4,500 feet of infiltration susceptible sanitary sewer pipes, manhole creates and new durable pipe within the older pipe at a much reduced cost from open curing Sewer reconstruction, and lid replacement. or directionally drilling in order to replace the older pipe. $ 265,225 Sewer Fund BMI Lift Station Rehabilitation This project will rehabilitate 2 of the City's 46 Lift Stations. Rehabilitation includes the Rehabilitating 2 lift stations per year is part of the city's preventative maintenance plan. inspection, and replacement of a lift stations piping, motors, pumps and control as well as Allows City to provide extensive maintenance to each Lift Station once every 23 years. Sewer repairs wet well. The Lift Stations identified for 2017 are Lift Station #6 (2478 Casco $ 110,000 Sewer Fund PW Point) and Lift Station #7 (2552 Shadywood). Sewer inspection, maintenance and This projeincludes the cleaning and inspection of 1/5 of the City's sewer mains. This project is part of the City preventative maintenance program. The results of the flushing inspection are used to determine future maintenance needs. Sewer 45,895 Sewer Fund PW Lift Station annual inspections and Annual Inspection of all Lift Stations Preventive maintenance inspections to determine maintenance needs. maintenance Sewer Sewer 4,000 Operating PW Backup Generator for Lift Station #7 This project will provide a backup generator for this critical lift station which services the This project is part of a systematic effort to provide backup power to critical City (2552 Shadywood) sanitary sewer system south of Shoreline Drive along Shadywood Rd. infrastructure. Sewer 75,000 Sewer Fund PW Backup Generator for Lift Station #20 This project will provide a backup generator for this critical lift station which services the This project is part of a systematic effort to provide backup power to critical city (1100 Elmwood) sanitary sewer system Along North Arm Drive. infrastructure. Sewer 75,000 Sewer Fund PW Forest Anes Main Replacement w/ Replace approximately 1680 feet of gravity sewer main. Sewer main is from 1970. If road is replaced, it is an ideal time to replace the seer and other Road Reconstruction utilities at the same time. W92,400 Sewer Sewer Fund PW Color Code Funding available through Sufficient funding not '' uffictent funding not proposed budget or identified but may be available rentified. Project at risk. appropriate ente rise fund from posidve fund balances As Of: 11/22/2016 2017 Projects Color code Funding available through Sufficient funding not efficient funding not Funding proposed budget or Category Project Detail / Scope Justification Estimated Cost Source Lead SCADA Communications Upgrade This project will replace the current radio based SCADA communications system with a The City has experienced some interruptions in communication with the existing dedicated cellular system. radio based Water 97,200 Water Fund BMI system. This is typical in mature, hilly settings surrounding lakes where radio paths can be difficult. This project is a continuation of software upgrades from 2016. North Well house SCADA upgrade This project will provide a new, larger PLC based panel . The new panel will include Well house 3 has recently received new chemical storage and feed equipment, and is added inputs/outputs for all of the site equipment, plus space/spares for known future receiving Water equipment. new submersible Well 4. This site may also receive a new generator and transfer switch in 61,200 Water Fund BMT the Distribution System Extension along This project will provide municipal water for future developments along the south side of This project is required to provide sewer service to the Eisenger development. The CSAH 112 CSAH 112 from along the Eisinger and Dumas Properties. The project consists of developer will pay for the section benefiting the development ($307,878) however the City Water constructing an 12" water main along CSAH 112. will fund the difference ($120,000). 12p�000 Water Fund BMI North Water Tower Mixer This project would see the procurement and installation of a water tower mixing system for The system is designed to keep ice from building up inside the water tower which can cause the north water tower. significant damage. PW / Water x;000 Water Fund SEHinc Well #2 Inspection and Maintenance This project includes the inspection and rehabilitation/ replacement of Well #2's pumps, To ensure a continued, dependable supply of quality water from the City's well periodic motors, and column piping, maintenance is required. This project includes the inspection and rehabilitation/ Water replacement of Well #2's pumps, motors, and column piping. 20,000 Water Fund PW Generator, 25OKW Replace Generator with new permanent generator for back up power to the Navarre Water The Navarre Water plant is susceptible to fairly frequent power outages. The current plant. generator is 24 years old and is becoming unreliable. Water Water Fund PW Kelly Avenue Drainage Improvements This project is a continuation of work started in 2015 to improve drainage in the Kelly This project was not completed in 201 as the 2015 project ran was not completed until the Phase 2 Avenue area. During this phase of the project the City will replace 15" culvert under Kelly end of 2016. Storm Water Avenue with double 15" culverts directly to wetland P2, and replace the 8" tile outlets with 75,000 Storm Fund PW 12" for wetlands P7 and P8. Storm Water Inspection and Each year the City inspects and cleans 1/5 of the storm sewer system. The focus area for The inspections then drive future repair activities for the city. maintenance. 2017 is District 4. Storm Water Storm GF PW MS4 / SWPP Compliance Quarterly inspect all stockpiles, Comply with the City's MS4 permit several actions are required in 2016 to include: Bi Annually Publish Stormwater education articles, Storm Water Annually Inspect structural Stormwater BMPs, Storm GF PW Annually conduct public meeting annually and Fox Street and OCB Road Water This project would see improvements to the stormwater system in the vicinity of Fox Street Though CIP-4 is primarily a flood control and conveyance project, it is assumed that some quality Improvement (SWMP 4) and Old Crystal Bay road. Ideally these improvements would be incorporated into the Fox water Storm Water Street Road Reconstruction project. quality treatment can be retrofit to this area. Approximately 19 acres of rural residential land 60,000 Storm Fund BMI use Stormwater Pond Assessment This project will delineate / verify the delineations of the City's sub -watersheds as they Per the City's MS4 permit plan relate to the Cities storm water ponds. Storm Water 10,000 Storm Fund BMI Misc Storm Water improvements Un programmed major storm water repairs and improvements. Storm Water $ 76,500 Storm Fund BMI Color code Funding available through Sufficient funding not efficient funding not proposed budget or identified but may be av aableentified. Project at risld appropriate ente rise fund from ositive fund balances As Of: 11/22/2016 Cz 7L! 'Zkl *firer 40 r.11 W'lap sit &f C--3 r 4 ��= Maintenance Districts Jnr 2017 = District 4 * Sanitary Sewer Flushing and Televising - Storm Water Inspections 9 Street Sign Inspections and Maintenance L k,? ■ 7L! 'Zkl *firer 40 r.11 W'lap sit &f C--3 r 4 ��= Maintenance Districts Jnr 2017 = District 4 * Sanitary Sewer Flushing and Televising - Storm Water Inspections 9 Street Sign Inspections and Maintenance G --- t t 7 + -C w iQC7? Vit7� V1Lz, U1Fss V:� 3� PQz l - i • .ifs, 2017 Projects Color code Funding available through Sufficient funding not proposed budget or identified but may be available appropriate enterprise fund from positive fund balances As Of: 11/22/2016 Funding Category Project Detail / Scope Justification Estimated Cost Source Lead Fox Street Reconstruction (Willow to This project will consist of the reconstruction the roadway in the current footprint, creating The road is falling apart. Brown) (MSA) an even width (24'); Construction of a pavement section that includes geotextile fabric, 10 Streets inches of aggregate base and 5 -inches of bituminous pavement; select subgrade MSA Funding BMI corrections, and the replacement / improvement of the associated Stormwater system. Old Crystal Bay Turn Lane Partner with Orono Public Schools to construct a turn lane from the southbound lane in to Agreed to by council in resolution. Construction the northern high school entrance. Streets PMF BMI Forest Arm Lane Reconstruction Reconstruction of 1700 ft of roadway. The pavement is in very poor condition (PCI 44) Streets PMF BMI Fox Street (OCB-Willow) Reconstruct the roadway in the current footprint, creating an even width 24'). Construct a The pavement is in very poor condition (PCI 46) Reconstruction pavement section that includes geotextile fabric, 10 -inches of aggregate base and 5 -inches Streets of bituminous pavement. PMF BMI Northern Avenue Mill and Overlay Mill and overlay 1250 feet of pavement The pavement is in poor condition (PCI 61) Streets PMF BMI Minnetonka Avenue Mill and Overlay Mill and overlay 850 feet of pavement The pavement is in poor condition (PCI 62) Streets PMF BMI Minnetonka Highlands Mill and Mill and overlay 1100 feet of pavement The pavement is in poor condition (PCI 62) Overlay Streets PMF BMI 2017 Seal Coating Chip seal 13,050 feet of road. Preventive maintenance Streets PMF PW Crack Sealing Crack Seal Annual preventive maintenance Streets Streets PW Operating Striping Restripc selected Streets Annual Street Maintenance to ensure flog lines, center lines and other pavement marking remain visible to users.$ Streets Streets PW Operating Color code Funding available through Sufficient funding not proposed budget or identified but may be available appropriate enterprise fund from positive fund balances As Of: 11/22/2016 Date Application Received: 8/12/16 Date Application Considered as Complete: 8/12/16 60 -Day Review Period Expires: 10/11/16 REQUEST FOR COUNCIL ACTION Date: November 22, 2016 Item No.: 6 Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron Y"_4 Planning Dept. Title: Senior Planner Item Description: #15-3763/16-3860 — Christopher & Gail Bollis/Christopher & Rachel Bollis - 200-350 Stubbs Bay Road North - Final Plat Approval - Resolution List of Exhibits A — Draft Final Plat Approval Resolution (Revised to address Outlot A accessory bldgs.) B — Final Plat Drawing C — Final Development Plans (Revised, dated 9/19/16) D — City Engineer Comment Letters 9/2/16 & 10/5/16 E — Draft Development Agreement F — Covenants (Revised as of 11/21/16) G — Septic System Agreement (Lots 4-5) H — Council Minutes 9/12/16 I — Staff Memo dated 9/12/16 J — Cost Sharing & Maintenance Agreement (Bollis & Kintyre Two HOA) On September 14, 2015 the City Council adopted Resolution No. 6536 granting preliminary approval for a 7 -lot residential plat of the properties at 200-350 Stubbs Bay Road North. The Developer requests final plat approval in order to finalize the project and proceed. Note: This item was removed from the October 10 agenda just prior to the Council meeting pending several issues remaining to be resolved. Items of Note - The private road extension of Kintyre Lane will serve as access to all seven lots. The Development Agreement will be modified to establish that all access for road construction except for the transport of paving equipment shall be from Stubbs Bay Road. Once the road construction has reached the stage where building permits can be issued, home construction traffic is expected to use Kintyre Lane. - Staff is advised by the attorney representing the Kintyre Two HOA that an agreement between the Developer and the Kintyre Two HOA has been reached — see Exhibit J. - The Septic System Agreement (for the mound straddling the lot line) has been modified to include 3 trigger conditions not already covered by City ordinance (Exhibit G). - The road design has been revised to eliminate the "wobble" north of the existing cul-de-sac. #15-3763/16-3860 November 22, 2016 Page 2 - Applicants propose to grade building pads into certain lots, creating new Engineered Grades to establish Existing Ground Levels for individual building purposes. The private road in Outlot B is subject to private easement and maintenance covenants, as well as an underlying access easement to the City, all contained within the Developer's covenant document. However, an easement forup blic access is not being granted, which makes this truly a private road as compared to most others created in Orono since the 1970s. Staff and City Attorney note there is minimal if any risk to not requiring an underlying public easement when certain conditions exist. Those conditions exist here and include the following: - The private road being created does not have the potential to be extended to serve adjacent undeveloped properties; and - The Developer has established covenants that require homeowner maintenance of the private road, yet allow the City to provide for maintenance if the homeowners do not do so, and to assess the homeowners for that work. The resolution now includes language (Condition 2 on Page 3) that addresses the existing accessory buildings on Outlot A — stating that "Kintyre Preserve Outlot A is created for potential future development, and no principal residence structure may be constructed on Outlot A unless or until it is converted into a Lot via a platting process. The two accessory buildings proposed to remain on Outlot A shall be considered as non -conforming upon removal of the existing principal residence structure on Outlot A. These two accessory buildings are allowed to remain as -is. However, no new accessory buildings shall be constructed on Outlot A until such time that 1) Outlot A is combined with a parcel that contains a principal structure; or 2) Outlot A is converted to Lot status via a future platting process and a new principal structure on Outlot A is constructed." Please review the resolution, development agreement, and covenants. The Covenants have been reviewed by staff and the City Attorney and appear to address all topics required based on the Preliminary Plat Approval Resolution. The Development Agreement is still in draft form and will likely undergo a few additional minor revisions. Future Access Use of Outlot A, Tamarack Hill (the "back driveway") Discussion at the September 12 meeting did not reach a solid conclusion regarding the future use of the driveway in Outlot A, Tamarack Hill ("back driveway") as a secondary access for Lots 5 and 6. The Developer has suggested a scenario as follows: - The back driveway would be used "as -is" for construction of homes on Lots 5 and 6 until such time that the final lift of asphalt is placed on the Kintyre extension at which time driveways from the new cul-de-sac for Lots 5 and 6 would have to be installed within 60 days, and construction access to Outlot A would cease. - After that, he proposes that the back driveway be retained as a permanent secondary access for both Lots 5 and 6, and notes that the new lot line between 5 and 6 is centered on the back driveway so it could serve both. He noted that it might be difficult to access the small barn on Lot 5 without the back driveway. #15-3763/16-3860 November 22, 2016 Page 3 From staff's perspective, and as noted in the 9/8/16 staff memo, there are a number of basic reasons that the back driveway should not become permanent and should be abandoned, summarized as follows: - Parcels with frontage on more than one public road are allowed a driveway approach to only one public road per City ordinances. By virtue of part ownership of Outlot A, applicant functionally would have access to Stubbs Bay Road as well as Watertown Road via Outlot A and Kintyre Lane. - If both Lots 5 and 6 gain access from the Outlot driveway, three homes using a shared driveway triggers an upgrade of that driveway to private road standards (paved, and with a cul-de-sac). As platted, both Lots 5 and 6 abut Outlot A. - City standard for new subdivisions is that no building permits can be issued until the road has at least one lift of asphalt. New construction on Lots 5 or 6 should not be allowed until the new road and cul-de-sac reach that level of completion. If the back driveway is to be used for construction of new homes on Lots 5 or 6, then arguably the back driveway should be held to the same standard of paving. - Fire Department should have to approve the back driveway for access for new construction for emergency accessibility. - There is concern regarding the creek viability of the creek crossing at the east end of the back driveway which is fairly narrow. - Permanent use of the back driveway suggests that Lots 5 and 6 must be treated as `through' lots. - The driveway access easements and covenants should be reviewed by the applicants, given that if Lots 5 and 6 abandon access to the driveway in favor of the new cul-de-sac, they might still be responsible for maintenance of a driveway they aren't using. - If the driveway is abandoned, it should be revegetated to eliminate unnecessary hardcover. - Applicant's concern about the back driveway being the only viable access to the existing small barn on Lot 5 is questionable. A new driveway could be established without needing the back driveway. - The owner of 300 Stubbs Bay Road, Tom Fleming, who is 1/3 owner of Outlot A, stated that he does not want to see the back driveway expanded and would prefer that it not be permanent, and that it be eliminated once the new road and cul-de-sac are available. Based on the above, staff would offer the following scenario: 1. In the event that a new home is proposed on Lot 5 or Lot 6 prior to completion of the new road & cul-de-sac to a Usable Status (road base and first lift of asphalt), a building permit can be issued for Lot 5 or Lot 6 using the back driveway for access until such time that Usable Status of the road & cul-de-sac is reached. 2. In the event that such a building permit is approved for Lot 5 or Lot 6, a permit for construction on the opposite lot will not be issued, the intent being that no more than one home may be constructed using the back driveway. #15-3763/16-3860 November 22, 2016 Page 4 3. Per applicant's suggestion, "Primary Connections", i.e. driveways from the new cul-de- sac for Lots 5 and 6, must be established within 60 days after the new road & cul-de-sac reach Usable Status. 4. Upon completion of those new driveways, all access to Lots 5 and 6 shall be via those new driveways and the back driveway will be removed, the creek crossing removed, and the area of the back driveway be revegetated. Staff Recommendation Staff recommends that Council approve the scenario for future use of Tamarack Outlot A (the back driveway) presented by staff. The Development Contract will be modified to reflect Council's action, as well as documenting the requirement that road construction be primarily from Stubbs Bay Road. Additional minor revisions to the Development Contract are anticipated. Staff recommends that the Council adopt the attached resolution, subject to plat not being filed until such time that all required documents have been finalized. The final plat approval resolution is drafted such that filing of the plat and associated documents with Hennepin County will not occur until all specific requirements of approval have been completed. This includes the City having in hand the issued MCWD permits, Letter of Credit and escrow, signed Development Agreement, signed covenants, signed road maintenance agreement, etc. COUNCIL ACTION REQUESTED 1. Discussion and conclusion regarding the future use of Outlot A, Tamarack Hill (the back driveway). 2. Motion to adopt the attached resolution entitled A Resolution Approving the Plat of Kintyre Preserve - File #15-3763/16-3860. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF KINTYRE PRESERVE - FILE #15-3763/16-3860 WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on September 14, 2015 the City Council adopted Resolution No. 6536 granting preliminary plat approval for a 7 -lot single family residential subdivision of the properties located at 200 & 350 Stubbs Bay Road North (hereinafter the "Property") in the City of Orono and legally described in Exhibit A (attached); and WHEREAS, on August 12, 2016, Christopher J. Bollis and Gail M. Bollis, husband and wife, and Christopher W. Bollis and Rachel A. Bollis, husband and wife (hereinafter the "Developers") made formal application for final plat approval for the Property; and WHEREAS, the Developers have agreed to comply with all conditions of Resolution No. 6536 and have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements and conditions of Preliminary Plat Resolution No. 6536. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 6536. 3. Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and execution of a declaration of covenants for the permanent flowage and preservation of wetlands, and establishment of wetland buffers and buffer maintenance provisions per the requirements of the Minnehaha Creek Watershed District (MCWD). Page 1 of 6 MPG V-3 11/22/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Execution of covenants and restrictions regarding road, drainage and utility easement to be granted to the City over the private road in Outlot B, and execution of a declaration of covenants regarding the private road easement and maintenance of said road. 5. Submittal of an executed Road Maintenance Agreement between Kintyre Two HOA and the Developer on behalf of the development. 6. Execution of covenants and easements for stormwater management facilities including establishment of stormwater system maintenance obligations. 7. Submittal of Minnehaha Creek Watershed District (MCWD) permits approving the grading, stormwater management facilities, Storm Water Pollution Prevention Plan (SWPPP) and erosion control plan. 8. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 9. Execution of a Development Contract including provision of financial security including a Letter of Credit and escrow to ensure that all site improvements are installed and maintained to the City's specifications and satisfaction, and to establish conditions for future development of the site. 10. Payment of development fees as established in Resolution No. 6536 as follows: a. Park Dedication Fee: $27,750.00 b. Stormwater and Drainage Trunk Fee: $46,080.00 WHEREAS, City staff and consultants have reviewed the plans for this subdivision and hereby specify approval of each plan and identify them as part of the official record for KINTYRE PRESERVE (Plans B thru K shall not be attached to this Resolution): Plan A — Plat of KINTYRE PRESERVE Plan B — Sheet 1 of 8: Preliminary Site Plan (last dated 9/19/16) Plan C — Sheet 2 of 8: Final Street Plan (last dated 9/19/16) Plan D — Sheet 3 of 8: Final Utility Plan (last dated 9/19/16) Plan E — Sheet 4 of 8: Final Grading Plan (last dated 9/19/16) Plan F — Sheet 5 of 8: Final Erosion Control Plan (last dated 9/19/16) Plan G — Sheet 6 of 8: Buffer Averaging Plan (last dated 9/19/16) Page 2 of 6 MPG V-3 11/22/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Plan H — Sheet 7 of 8: Details (last dated 9/19/16) Plan I — Sheet 8 of 8: Landscape Plan & Wetland Buffer Maintenance & Monitoring Plan (last dated 9/19/16) Plan J — Wetland Buffer & Stormwater Facilities Maintenance Plan (undated) Plan K — Conservation Design Report and Management Program by Svoboda Ecological Resources (updated 9/19/16) All of the above noted plans are subject to any additional requirements of the Minnehaha Creek Watershed District and subject to any additional requirements and conditions specified by the City Engineer. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 6536, the City Council of the City of Orono does hereby approve the plat of KINTYRE PRESERVE, Hennepin County, Minnesota (a copy of which is attached as Exhibit B) subject to the following conditions: Development within KINTYRE PRESERVE is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6536, and subject to the provisions of the Development Contract for KINTYRE PRESERVE dated , 2016. 2. Kintyre Preserve Outlot A is created for potential future development, and no principal residence structure may be constructed on Outlot A unless or until it is converted into a Lot via a platting process. The two accessory buildings proposed to remain on Outlot A shall be considered as non -conforming upon removal of the existing principal residence structure on Outlot A. These two accessory buildings are allowed to remain as -is. However, no new accessory buildings shall be constructed on Outlot A until such time that 1) Outlot A is combined with a parcel that contains a principal structure; or 2) Outlot A is converted to Lot status via a future platting process and a new principal structure on Outlot A is constructed. 3. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 4. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Senior Planner and City Engineer that all requirements of the platting regulations have been satisfied. Page 3 of 6 MPG V-3 11/22/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before May 28, 2017 together with a certified original copy of this resolution and executed copies of the agreements, easements and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono this 28th day of November, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 4 of 6 MPG V-3 11/22/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The following property in Hennepin County, Minnesota: Parcel 1: Part of the West 1/2 of the Southeast 1/4 of Section 32, Township 118, Range 23 as follows: Beginning at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 118, Range 23; thence East 13 1/3 rods; thence North 12 rods; thence West 13 1/3 rods; thence North 30 rods; thence East 80 rods to the East line of said Northwest 1/4 of the Southeast 1/4; thence South 42 rods; thence West to a point 14 1/3 rods east of point of beginning, thence South 1 rod; thence West 14 1/3 rods; thence north 1 rod to point of beginning. Abstract Property. Parcel 2: Lot 2, Block 1, Tamarack Hill, Hennepin County, Minnesota. Abstract Property. Page 5 of 6 MPG V-3 11/22/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. EXHIBIT B FINAL PLAT DRAWING (Attached on following page) Page 6 of 6 MPG V-3 11/22/16 KINTYRE PRESERVE KNOW ALL PERSONS BY THESE PRIESEN-M! That Chimepher 1. Bollisand Gail M.Bullis, husband and wikas jointtenants, fee owners ofthe following du¢ntodpropNtysiluettdin the Court}•officmepin. Stan ofMbrecaomta wdr: Pan a the westhalforthe southeanqua,ter of Section 32.Townsblp 110. Range 23 as ronous: Deginnigm the southwest comer arthe-thwcat grader or the soudrast qusrlcrafSatim32,T Thip tl8, Range 23;[hence con 137/3mds; thence north l2 m(a; there, sesi 1311rods:ibeneenwh30mds;d-rwsi SO rods to lheensthim or midnoolwes[quarter of[he sowbeasn qnaner.'lhenec south 42 tods: thencewest m a point 14 13 rod.sees[ Of paisnofbegianing,thencesouth l rod;[bence areal 141/3 ere rude: th north I and in plot ofheginai.S. And that CLiwphc,W.B.M. and Rachel A.BJU,, husband and wife se joint lenmus, fee owners of the folloxiog described pmsanty sinMtM in Rae Coolly ofHerwepin. Sute fMiosmsom to wit: 1,nt 7, Block 1, TAMARACK HILL IIave caused the snore to be -yxd and emceed a KINTYRE PRESERVE and do hereby dedicate m the public for public use the public way and [be drainage and utility easmmmla as created by Ibis plm. In wilocas whereof -d Cl isluphw J. Bal lis and Gail M. Bullis, husband and wife soj.hl usnuos, have henanlo set their hands this_ day of .2016. Chriitophcr J. Bolos Gall M. BWda STATE OF MINN, ESOTA, COUNTY OF This foregoing instrument was ack-ledged before me, en this day of. 2016, by Christupbcr 1. Bollix and Gail M. Red lis. husband and if,. My Cumnusvon Expires: Nomq• Public, Minnesota Prim Name Inwitoess whemouremOdstopher W. Bollic and Rechel A. Bollis. husband and wife nsjohottenam have h.munio sal their hands ibis day of 2016. Christopher W. Berths Rachel A. Bdlis STATE OF MINNESOTA, COUNTY OF This foregoing inserument was acknowledged before sere, on this day of_, 2016. b5, Cbrlstoplii,r W.Both. and Rachel A. Bullis hoabose and it.. My Conunisaioniispires: Nalary Public, Mirmcaula Prim Name SURVEYORS CERTIFICATE I. David B. Perebertao do hereby cortify that this plat syss prepared by mo or under my direct supervision: that I mer a duty Licensed Latin Surveyor in the State ofMinnrsme; that this plot is a mrmet representerion of the boundary mrmy; thst a0 mathoom1k l dad and label, are correctly desi""'d on the plat; that ell monuments depicted an the plat bane bee.. -ill he cocreedy.m within ace year, thet.11 waterbwsursuies mod wet lands, as defaced Jr, Minuesod Statutes, Section 50.5.01, Sabd. 3, as oftbe date ofdtis eerkilem arc shown and Dbeled on this plat and all public way. are shown and labelod an this plat. Elated this_ day of_ 2016. D.,id B. P-ben.n, Lice.sed Land Sl -Wer Mimtaem Li-s,Na.40344 STATE OF MINNESOTA, COUNTY OF HENN•EPIN This iretoonnt was ackS-Idgcdher- sere this day of .2014 by David B. Pemberton. My Cwmmissian Expires Notary Public. Hern.pin County, Nimsesma Printed Nene ORONO,MINNESOTA This plot of KINTYRE PRESERVE was appm,xd and accepted bythe City Council ofOieon, Mimlesms at a regular unting held this da, of 2016. Ifapplicable, the ariuea comnw ors a.d mommea�tions oftlx Cru miesilxter oFTranapnrdtim mrd The Cnnnly Highway Enginar have been received by the City m The pracriMd 70 day period Iw.a ¢tepees wiRlrvt receipt rf such eammrnd and raommrnbtimt, as provided by Mhmesoci Seratm Saaiml 515.53, Sulsihisiun 2. CITY COUNCIL OF ORONO, MINNESOTA M.)- RESIDENT a} RESIDENT AND REAL ESTATE SERVICES, HENN'EP1N COUNTY,MIN g1gSOTA I hereby certify dot taxa payable I. and prioryema here hem paid for dud described an mi. plat Darted this_day or 3516. Mork V. Ciupm, Hennepin Caunty Auditor B}: . Deputy SURVEY DI%7SIGN, HENNEPIN COENIT, MINNESOTA Puraumd to Mnmesma Statute Section 31136.565 (1969), this plat has been appomtd Oda_ day of_ 2316. Chris F. Mavis, Hennepin County Sur-yar By: COUNTY RECORDER HENNEPIN COUNTY, MINNESOTA ]hereby certify that the withinplet oFKINTIYRE PRESERVE was recorded in thisoT.ce lhjg d.y of ,3016m drlack_M. Mania McCormick, CaantyRetorder. By: .Deputy - EAST 1/4 CORNER OF SEC. -1Z 7.118. R.23 - HENN. CO. 5/8' PIN ~� In 1 S89'23'30'E 1 5372.53 2681.99 - 1 - 2710.55 �r BB0.18� 1�- 1555.27 - WEST $/4 CORNER OF rr e m I - BEC.32. T.INL R23 HENN. CO. C.LM N P z B'1 '45' r 2879.56 rp 1 i339.64Ile - Il 339.84 = N NIN ml �Ih m 0 S o NL�4±�----1189'13'5-3'W l -- 137±.41. 2648.82SOSTH1/4CORNER OF SIXITHEAST CORNER OF _III! HENN. .I I6, R23 - SEC.32, T.IIB, R.23 XD.N. CO. 41.M HFNN. C0. GI.M TA k A AL�7 A /\li 1 r1lvir'S1 \r5vl SECTION BREAKDOWN P -4.I SECTION 32, TOWNSHIP 118, RANGE 23 NORTH 14 CORNER OF SEG32, IIB, R.23 MINN' CO. C,I.N- F - � • Is 33 h -a� - EAST 1/4 CORNER OF SEC. -1Z 7.118. R.23 - HENN. CO. 5/8' PIN ~� In 1 S89'23'30'E 1 5372.53 2681.99 - 1 - 2710.55 �r BB0.18� 1�- 1555.27 - WEST $/4 CORNER OF rr e m I - BEC.32. T.INL R23 HENN. CO. C.LM N P z B'1 '45' r 2879.56 rp 1 i339.64Ile - Il 339.84 = N NIN ml �Ih m 0 S o NL�4±�----1189'13'5-3'W l -- 137±.41. 2648.82SOSTH1/4CORNER OF SIXITHEAST CORNER OF _III! HENN. .I I6, R23 - SEC.32, T.IIB, R.23 XD.N. CO. 41.M HFNN. C0. GI.M TA k A AL�7 A /\li 1 r1lvir'S1 \r5vl O Derrlrs a 1/2 itch by 14 inch iso. pipe Set in the ground and marked by License No. 40344 0 Denotes a sal nail and disk marked by Licertce No. 40344 0 Denotes a Fwnd Iron Mem .t T I I A r I 1 r\ T It-\ K,41 VI The basis f the hearing system is the west lint of the Northwest Quarter of the Southeast Quarter of Section 32, Tarawhip 11 S, Range 23 and is assumed to bear North 00 degrees 32 mismtes 12 seconds West. C.R. DOC. NO. akb� stpy o s� w � e 'SERB P1P� (TAMARACK HILL 455.51) = =11 II a• SATHRE-BERGQUIST, INC. �Y) I 'r P -4.I F`.! ryV 33 D Neiyj A. _ _�aIS �i N8 18'45"W 220.00 L (1 (13 1/3 ROOS) 'wSj SW CDRNER OF THE �o aI(`N./4 OF SE7/9 g- (13 1/3 RODS) i S89R18'45"E Z 1 220.00 - 186.99 _POI Pal 0s . S [V to 1151ho ` \ iIN89PI8'45"W4236.50 r, 1 (14 1/3 RODS) 'tlJ � u - ST BS BAYI ROAD r O Derrlrs a 1/2 itch by 14 inch iso. pipe Set in the ground and marked by License No. 40344 0 Denotes a sal nail and disk marked by Licertce No. 40344 0 Denotes a Fwnd Iron Mem .t T I I A r I 1 r\ T It-\ K,41 VI The basis f the hearing system is the west lint of the Northwest Quarter of the Southeast Quarter of Section 32, Tarawhip 11 S, Range 23 and is assumed to bear North 00 degrees 32 mismtes 12 seconds West. C.R. DOC. NO. akb� stpy o s� w � e 'SERB P1P� (TAMARACK HILL 455.51) = =11 II a• SATHRE-BERGQUIST, INC. 60 30 0 30 60 120 SCALELNFCEf The basis for the hearing system is the west line afdx Northwest Quarter ofthe Swtheast Quuter ofSeetinn 32, T'owrehip 11 S, Range 23 and is ossa d to b— Nm1h 00 degce 32 minutes 12 seconda Weal (See Sheet I of 2 Sheets) 0 Dmutes a I/2 inch by 14 inch imn pipe set in the gmmW and ffmkd by License No. 40344 • D=otcs a Found Imo Movement DRAINAGE "D UTILITY HAS04HNTS ARE SHO" THUS: IIss h� I NOT TO SCALE I Being 5 feel in width and adjoining lot lin a, unlrys dhmvim indicated, and 10 feet in width sod adjoining tight of way Gies, unless otherwise indicated, as shown on the plat $�pws aegr SATHRE-BERGQUIST, INC. s e e �EFa 4LP� KINTYRE PRESERVE EAST LINE OF —z —/~I BLOCK 1. TAMARACK HILL ! _ ----G>ea �y a.ry f. INSET A EAST LINE OF N%1/4 OF SE.1/4, SEG32, T.119, 8.221 ! C.R. DOC. NO. I41D.�a l -',— — � \ 237.48]f1 -W ea. is -- 1 ��3 j—V 1O�/__7 EDGE OF WET LAm-,-2 -- II$E AS E At ENWET LAND `.�_'—� r �4AO >rIgel1 INO2.21'29"WNO2°21'29'W $ 97.60 » NORTH 123.37RET LAND--- — — ` 126.74 28.¢ 22AS-.//�z1 2 01 7f 2 gm II WETLAND ,` \\� �`�\ _(F ;.I.Arm 6S � 4 •�'� X11,/ � 1 ��� �\ \ b � r1 I 1 � P �o C� NDO'32'12"W 220.05 ,�� � A- n � •'At' 0 N3 w o M r � c LOCK Co $6 \ ZANb .y �F 6 sD0'la'I0"w 09.D4 meg, `0&34/' } -.12.08 X30°g8 daAvg' IP°E. 47 36. X28124'09" 24.79 A� : D� cb�55 �r ' ate` I f pv97'06'26° •pe / 4 N � o � � f — z � 1 Z at kn u1 e1 � -------`^ —EDGE OF �- D3��. C4 As `gym N 5 1 TAAAAC1A/%I( I \rtv I♦ I t-11VIrAl \ INSET A EAST LINE OF N%1/4 OF SE.1/4, SEG32, T.119, 8.221 ! C.R. DOC. NO. I41D.�a l -',— — � \ 237.48]f1 -W ea. is -- 1 ��3 j—V 1O�/__7 EDGE OF WET LAm-,-2 -- II$E AS E At ENWET LAND `.�_'—� r �4AO >rIgel1 INO2.21'29"WNO2°21'29'W $ 97.60 » NORTH 123.37RET LAND--- — — ` 126.74 28.¢ 22AS-.//�z1 2 01 7f 2 gm II WETLAND ,` \\� �`�\ _(F ;.I.Arm 6S � 4 •�'� X11,/ � 1 ��� �\ \ b � r1 I 1 � P �o C� NDO'32'12"W 220.05 ,�� � A- n � •'At' 0 N3 w o M r � c LOCK Co $6 \ ZANb .y �F 6 sD0'la'I0"w 09.D4 meg, `0&34/' } -.12.08 X30°g8 daAvg' IP°E. 47 36. X28124'09" 24.79 A� : D� cb�55 �r ' ate` I f pv97'06'26° •pe to 1 � � � f s� Wj 1 oa I� rTI N f It°Y w 2/0.39. ti�aoY T EDGE or NBT T Y \ \ I s2A qS �\ �� 9x fro s e'yF WET LAND /r % t �erQsr \I�\ 4 NORTH —0 1 " a r I / \ ! N23 V a9s aQ l�8°23 50° I 4p.30 'A I I« w Ii 1 -2 l8.5T01° 1 100.71 - NOO'32'12"W 100.17 Arag•42,38�� nl � F 2 SHEETS Y e,' 6 r 30 ! ( 111s49uNeI 1,790, -upend % t 4 e }J: 87A74.uPw a� 41 9L°, l) js ' 8- c 7 q an,l4smal i - Ir !� 103,343T0191 19AM-Yftbdf ""a WNlelq ) efAzi-yp4na; i - 6,194 -Pond { A72Bp-U04 �a M �+ -x /�• _ _ ) 4 • h� ",jam`\ 4 372,392 --] • J a a ' 2 •:»�� �t•.. . p 4/ ,rf �a 1 103.874 Total 111 ga,583-Wetiandl —-B_7,i72-Upland ���� t �T upland ZONING DISTRICT STANDARDS (PROPOSED AND EXISTING ZONING: RR -113) 1, MINIMUM LOT AREA• 87,120 SF, 2. MINIMUM LOT WIDTH =200 FT. 3. MIN CORNER LOT WIDTH - 200 FT. A. FRCNT YARD SETBACK - 50 F7, S. SIDE YARD SETBACK- 30 FT. B. SIDE YARD ABUTTING ROAD. 50 F7. (see CDy Code) 7. MINIMUM REAR YARD SETBACK OAMB) = 50 FT. 8, MAXIMUM STRUCTURE HEIGHT: 25 STORES OR 30 FT. 9. MAX BLDING FOOT PRINT (PRINCIPAL- 2400 S.F.) PLAN DESIGN DATA 1SINGLE FAMILY HOMESI 1. MINIMUM LOT AREA= 87,120 SF. 2. PROPOSED LOT WIDTH = 200 FI. 3. PROPOSED 60 FT. BUILDING PAD 4. OUTLOT WIDTH = 50 FT. 5. STREET WIDTH --26 FT, B -B MIN - DESIGN 30138 6. C -DS RADIUS =40 FT. 7. C -M ENTRANCE RADIUS -20 Fr, a. ROW RADIUS = 50 F7, SEPTIC SETBACKS Wetlands- 50' Property Unes-10' Wells - S0' Buildings -20' Wells -25 feetfrom any Interior plumbing 8SO' 1mm plumbing building eA SYMBOL LEGEND LOT LINE Description BUILDING SETBACK BOUNDARY RR -1 B7 SINGLE FAMILY LOTS PARCEL BOUNDARY LINE inspected and approved by the City ORMNAGE AND LrnUTY EASEMENTS A-� RIGHT -Of WAY Final Grading Plan FLARED END SEC1gNYMtIPauP -� STORM fiIUCTURE LABEL d WELL Landscape, Wetland buffer, Maintenance & Monitoring Plan SEPTICSRE Details I EMERGENCY OVERFLOW SWALE •., SOIL BORINGLOGTION I BENCHMARK/ FouNDIP WETLAND BUFFER MDNUMENT PRE 0DNSTRUC`n0N SILT FENCE -- — POGTCONSTRUCTION SILT FENCE — -- — SEPTIC PROTECTION FENCING -- WOODFlBER BLANNET DILCH CHEM UTIUTYPOLE TREPSAVED 0* TREE RE►gVED O+ am -=am Notes: 1.) The septic area protedon PREPARED FOR Description fencing locations must be RR -1 B7 SINGLE FAMILY LOTS SIZE RGxM: GIDC R� inspected and approved by the City 3 A-� Engineer prior to any land Final Grading Plan 5 dlaturbing advides. B d PREPARED BY PREPARED FOR Description ew.s.,-4W� RR -1 B7 SINGLE FAMILY LOTS SIZE RGxM: GIDC R� .romp 100 50 0 50 100 2D0 SCALE IN FEET SHEET INDEX TABLE I Sheet Description lI� 1 Site Plan a 2 Final Street Plan 3 Final Utility Plan j 4 Final Grading Plan 5 Final Erosion Control Plan B Buffer Averaging Plan 7 Landscape, Wetland buffer, Maintenance & Monitoring Plan 8 Details I a� L N V N a' \ I = � �.� T i c �w, Elson ti '4NETL1M1fir.C1 SEFit"I[r.FSltR0Vlf►E0 4Y E 8V0600A k-COLOGICAt RESCMtr—ES. DRAWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT No. FILE N0. baseboille 1 CAW Ge1OW16 IF NAL PLAT APPLICATION -REMOVED PADS_ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I ?teas 8"' — PRELIMINARY SITE PLAN ID114-001 DRAWN BY 2 CAW 09118118 gMLPLAT COMMEWS, S7RAGl1,TENji0&Q_ SATHRE$ERGQUIST,INC.% EXPRESS WRITTEN AUTHORIZATION, USE WrrHOUT AM A DULY REGIS OFESSIONALENGINEERUNDER THE q�, L C y T INC. - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS O THE STATE NESOTA' I 'A 4 F -I P'4 ESR' C R �L3' L! SLI I' I f�i'�/ I� CAW -- INDEMNIFY SATHRE-BERGOUIST, INC. OF ALL RESPONSIBILITY. KINTYRE TRE PRESERVE 1 CHECKED BY - --.- -,. - -_-----__--- .._---SATHRE-BERGOUIST,INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE v� g 16050VTH BROADWAY WAYZATA, MN. 55381 (BSt)476.8000 ORONOr CAW — .. _ __ — — — __ __ — — — — — — — — _ — — — USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING Nes age, P,E, mea• MINNESOTA CHRIS BOLUS DATE _ _ -, ", -„ _ _ _. FROM ILLEGITMATE USE Bge p�h O6r17115 Deus; (S Lia, No. LL 18 rJ � 1029.4 85 OTF 102BI BF*2 O—j 3a �N ? V CVD �\✓ %} �\ �^\�\\� CURBED STREET 7 / O d1 �\�. ♦ SECTION t // A On 'No4 a r� I 6.41 TO 0 MATCH \ \00 o � A �N Ob Ts acPDITCHED STREET SECTION '41" �'_ ` lx��/C VAW6a @ 5'I 4 `I IW 1i a' III t I VAM of -00 Er CL j. WTV TF 4 5 I _ WO 4 \ g w aF9er.D rL a R —' 30. rimCO I/� \. \ i�\\' \\_ \\\\.,•.; -�' CONSTRUCTION NOTES: 1, 4" DRAINTLE SHALL BE INSTALLED AT THE LOWPOINT CATCH BASINS 257 MIN. (STD) N 50' N EACH DIRECTION B 1THE UPHILL DIRECTION FOR ON SLOPE CATCH BASINS. INSTALL 1' BEHIND CURB. 2. TIE THE LAST 6 PIPE JOINTS TO FLARED END SECTIONS (TYPICAL} \ _!IIIE-A' / , ` �( � '1 \ \\ t \-\, \ \'•I�-`�,.' 3. TRASH GUARDS SHALL BE PLACED ON,"FLARED END SECTIONS. 4, TIE ALL JOINTS ON STORM SEWER BETWEEN APRONS AND OC STRUCTURES ANDALLCULVERTAPRONS. 6. WIMOO'S OR APPROVED EOUALTO BE INSTALLED AT ALL STORM INLETS. `,• —�� �'� r ' �� \\I \ T \� \i *\ 5. GRANULAR MATERIAL SHALL BE PLACED UNDERSTORM SEWER PIPE OR STRUCTURES THATARE LESS THAN48" BELOWFNISHED GRADE AND EXTENDTO AT LEAST 48'BELOW FINISHED GRADE. 7. �RAPLADED. SEWER SHALL BE CONL4TRUCTED USING GRANITE ROGIG7'DY4METER OR LARGER ANDSHAILSE � B. ALL ADJUSTING RINGS 7C BE CONCRETE B, ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURES ALLOWED. OO S Co 40°�0 /�\ PARCEL BOUNDARY LINE �Z COr RIGHT-0�Y :3 a 1050. CL —CL TELL SEPTICSTIE F----- (�--- 149 -------- y EMERGENCY OVERFLOWSWILLE CJI co (J1 of SOL BDTURO LOCATION 1050 BENCIMNW IFOUND IP CD q E PRE CONSTRUCTION SILT FENCE L ? r \ / HIGH PT STA: 0+05,78 3a �N ? V CVD �\✓ %} �\ �^\�\\� CURBED STREET 7 / O d1 �\�. ♦ SECTION t // A On 'No4 a r� I 6.41 TO 0 MATCH \ \00 o � A �N Ob Ts acPDITCHED STREET SECTION '41" �'_ ` lx��/C VAW6a @ 5'I 4 `I IW 1i a' III t I VAM of -00 Er CL j. WTV TF 4 5 I _ WO 4 \ g w aF9er.D rL a R —' 30. rimCO I/� \. \ i�\\' \\_ \\\\.,•.; -�' CONSTRUCTION NOTES: 1, 4" DRAINTLE SHALL BE INSTALLED AT THE LOWPOINT CATCH BASINS 257 MIN. (STD) N 50' N EACH DIRECTION B 1THE UPHILL DIRECTION FOR ON SLOPE CATCH BASINS. INSTALL 1' BEHIND CURB. 2. TIE THE LAST 6 PIPE JOINTS TO FLARED END SECTIONS (TYPICAL} \ _!IIIE-A' / , ` �( � '1 \ \\ t \-\, \ \'•I�-`�,.' 3. TRASH GUARDS SHALL BE PLACED ON,"FLARED END SECTIONS. 4, TIE ALL JOINTS ON STORM SEWER BETWEEN APRONS AND OC STRUCTURES ANDALLCULVERTAPRONS. 6. WIMOO'S OR APPROVED EOUALTO BE INSTALLED AT ALL STORM INLETS. `,• —�� �'� r ' �� \\I \ T \� \i *\ 5. GRANULAR MATERIAL SHALL BE PLACED UNDERSTORM SEWER PIPE OR STRUCTURES THATARE LESS THAN48" BELOWFNISHED GRADE AND EXTENDTO AT LEAST 48'BELOW FINISHED GRADE. 7. �RAPLADED. SEWER SHALL BE CONL4TRUCTED USING GRANITE ROGIG7'DY4METER OR LARGER ANDSHAILSE � B. ALL ADJUSTING RINGS 7C BE CONCRETE B, ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURES ALLOWED. -1+50 -1+00 -0+50 0+00 0+50 1+00 1+5D 2+00 2+50 3+00 3+50 4+00 4+50 5+DD 5+50 B+DO 6+50 7+00 7+50 (AWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS basebollls _ 1 _ CAW 06!09!16 FINAL PLATAPPLICATION _REMOVED PAP5— INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 �C¢VLS So,q�d SATHRE�ERGQUIST, INC: a EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT %'I'A A DULY REGI OFEssIONAL ENGINEER UNDER THE BATH RE -BE RGQ U I ST, INC. DRAWN BY 2 CAW 09118f16 FJgL�L PLgJ�Q�IL'I�NTS,-STRAIFiTENggq LAWS THE STATE NESOTA. ° SAID AUTHORIZATION CONSTITUTES AN ILLEGIBMATE USE AND SHALL THEREBY w CAW --------- INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. :NECKED BY _ _ .— _ _ v_ _ LL SATHRE-BERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ... } y 15D SOUTH BROADWAY WAYZATA, MIN. X391 (862) 4766000 CAW — USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESVLTING �+ w� DATE — — — — — — — — — —_ T -- — — — u _ . FROM ILLEGITMATE USE. ea WIerTTa e, P.ES 191 Lk. No. L14 18 0�¢A'a OBl17A5 ._. — - T - -. . _ _. Dale: O f SYMBOLLEGEND o S BUILDING SETBACK BOUNDARY PARCEL BOUNDARY LINE DRAIKAGEAND UTILITY EASEMENTS RIGHT-0�Y STREET SECTION 1050. STORM STUCTURELABEL TELL SEPTICSTIE EMERGENCY OVERFLOWSWILLE SOL BDTURO LOCATION 1050 BENCIMNW IFOUND IP q PRE CONSTRUCTION SILT FENCE POST CONSTRWTON SILT FEK[£ HIGH PT STA: 0+05,78 W OODRBER BLANKE KINTYRE. DR. URRY POLE 1.5" BITUMINOUS WEAR COURSE - MNIDOT SPWEB24OB (2360 SPECIFICATION) TREE SAVED TREE REMOVED HIGH PT ELEV: 1034.04 3" BITUMINOUS BASE COURSE - MNIDOT SPNWB230B (2360 SPECIFICATION) a PVI STA 1+00.00 B' CLASS 5 AGGREGATE BASE, MNIDOT 31381 PVI ELEV.-IM7.D3 1040 �� K45,00 r� 1040 GEOFABRIC, MNIDOT TYPE V, MIRAFI 500X, BCZlSY NON -WOVEN m� AS NEEDED APPROVEDSUBGRADE 1430 � 1030 SHOULDER SECTION 6" CLASS 5 AGGREGATE BASE, MN/DOT 3138` 1020lorz GEOFABRIC, MNIDOT TYPE V. MIRAFI 500X, 8OZ/SY NON -WOVEN 1020 g LVC!PMA4' AS NEEDE °z LOW PT STA: 8+01.22 APPROVED SVBGRADE I" LOW PT ELEV:997.82 PVI STAR -75.00 1010 PVI ELEV9B9.75 n 1010 DESIGN DATA: K30.00 STREET SECTION: 1.5" SPWEB2A0B WEAR COURSE (N44 OQf 23801 3- SPNW13230B BASE COURSE (INN DOT 23150) B" CL 5 AGGREGATE BASE (MN DOT 3138) 1000 .. 1000 SUBGRADE FABRIC IS OZISY, NON -WOVEN) 8l Teq.lmd) O? — -1-53% B" CL 5 AGGREGATE SHOULDER (IAN DOT 3138)(non curbed section) A PVIS: 6+86.28 PVIE: 998.52 CROSS SECTION: S" 994 994 3% CROWN I 30' STREET WIDTH (BACK TO BACK SURMOUNTABLE CURB) Tri 50 25 D 25 5o 100 SCALE IN PEET -1+50 -1+00 -0+50 0+00 0+50 1+00 1+5D 2+00 2+50 3+00 3+50 4+00 4+50 5+DD 5+50 B+DO 6+50 7+00 7+50 (AWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS basebollls _ 1 _ CAW 06!09!16 FINAL PLATAPPLICATION _REMOVED PAP5— INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 �C¢VLS So,q�d SATHRE�ERGQUIST, INC: a EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT %'I'A A DULY REGI OFEssIONAL ENGINEER UNDER THE BATH RE -BE RGQ U I ST, INC. DRAWN BY 2 CAW 09118f16 FJgL�L PLgJ�Q�IL'I�NTS,-STRAIFiTENggq LAWS THE STATE NESOTA. ° SAID AUTHORIZATION CONSTITUTES AN ILLEGIBMATE USE AND SHALL THEREBY w CAW --------- INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. :NECKED BY _ _ .— _ _ v_ _ LL SATHRE-BERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ... } y 15D SOUTH BROADWAY WAYZATA, MIN. X391 (862) 4766000 CAW — USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESVLTING �+ w� DATE — — — — — — — — — —_ T -- — — — u _ . FROM ILLEGITMATE USE. ea WIerTTa e, P.ES 191 Lk. No. L14 18 0�¢A'a OBl17A5 ._. — - T - -. . _ _. Dale: O f SYMBOLLEGEND LOT LINE BUILDING SETBACK BOUNDARY PARCEL BOUNDARY LINE DRAIKAGEAND UTILITY EASEMENTS RIGHT-0�Y FLARED END SECTION SWRIPRAP STORM STUCTURELABEL TELL SEPTICSTIE EMERGENCY OVERFLOWSWILLE SOL BDTURO LOCATION BENCIMNW IFOUND IP WETLAND BUFFER MONUMENT PRE CONSTRUCTION SILT FENCE POST CONSTRWTON SILT FEK[£ SEPW PBDTECTgN FENCING W OODRBER BLANKE DITCH CHECKS URRY POLE TREE SAVED TREE REMOVED . rT[wFt+I IMV. FILE NO. FINAL STREET PLAN 10114-001 ORONO, KINTYRE PRESERVE 2 MINNESOTA CHRIS BOLLIS 8 1 L7V POND 12'RCRB96A NNINTLE® ;� Liz _ - \ ' � •'> 4 22\\\ 30 co o o 817E \ \ \ _ cc/ c 1'� W 25 y� o m �� wg a c . 101 16 APRON 1Qi0 Gf —alp o / _02 _... 9,0 -�, s � '•o \ � 1 1000 TF 102BA ,\ .1 f� 85 O -.. F1 II d wo BFI � � r 1 �O 4 gIti � A 990 980 Lp yIV co cc -01 QWDw - i a - e.&F coNSTFLLICTION NOT'F ` Tx b 00As �/ .4 f � 9 1. 4'DRAINTILE SHALL BE INSTALLED AT THE LOWPOINT CATCH • / 1 .� M p BF f r p{f CI, F� BASINS 250' MIN.g% IN EACH DIRECTION 8 930 IN THE UPHILL V QW 887.0 Ox, qF p sL R DICURELRE FOR ON SLOPE CATCH BASINS- INSTALL 1' BEHIND r _ il Ill = Ort , 2- TIE THE LAST B PIPE UOINTSTO FLARED END SECTIONS :3 OL 41 111 i _ C W W f; 4�%t! _ (TYPICALL Q. �Q i p ,f GyD j 4 , 3. SECTIONS. TRASH GUARDS SHALL BE PACED ON F_LL FLARED ENO it CL rL -� •3O a STERAULLTURESBON STORM AND ALL CULVEERT APRONS.ER BETWEEN APRONS AND GC S. IN m C.O'S DR APPROVED EQUAL 70 BE INSTALLED AT ALL STORM /,IO_ S. GRANULAR MATERLAL SHALL BE PLACED UNDER STORM SEWER 117 ----- 149-----�� I I �1 \ PIPE OR STRUCTURES THAT ARE LESS THAN 4WEIELOW 7 — i y \ FINISHED GRADE AND EXTEND MAT LEAST 48' BELOW FINISHED r \ �. > O (JI �Z� / \ *L7 T-�.A, f f \ k �r,R� p� 7. RIP -RAP FOR STORM SEWER SHALL BE CONSTRUCTED USING O \ / , r / ). \ .' \ I -� r 'E PGRANITE LACED. ROCK, 1' DIAMETER DR LARGER AND SHALL BE RANO I \ B. ALL ADJUSTING RINGS TO BE CONCRETE. C rh / /�/ / L J. \ r V�I� R F y- S. ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN _�• PLACE. NO BLOCK STRUCTURES ALLOWED. Q) \ / nS - \ S l 0 10. CASTINGS FOR CATCH BASIN MANHOLE 28 CATCHBASIN 3 / , •i' SHALL BE NEENAH R-3OS7-V OR APPRWED EQUAL Q \✓ �� ,'�`' y�y �.iQ',SETi3ACK, y. .� f - 91. IF CULVERTS SHALL BE INSTALLED FORALLN DVEWAYSN RURALSECTIONS AT THE TIME OF HOME CONSTRUCTION m � r - x".Wl L) REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS El rLA L PLAT APPLICAI7_ON - REMOVED PADS__ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I OgRg Dt,RL ][J[LLPLAT COM�iIENTS _S7RNGFiTEN,ROAO_ SAID AUTHORIZATIONICONSTEXPRESS TUTEB AN ILLEGITIMATE TIMATE U E AI'U SHALL THEROEBY w5 O DULY THE STA �NESOTA.OFESSIONAL ENGINEER UNDER THE,.`' Ft �I C C / " -'- - -- �-" '- "' --' "INDEMNIFY 3ATHREBERGOUIST, INC. OF ALL RESPONSIBILDY.T r IC' C•= �� I INC. `� `- I ,,,, m 550 SOUTH BROAD WAY WAYZATA, MN. 55381 (852)476-0000 -------- ----- -- - ----USEROSATHREPARTY LEGALLY RESERVES THE FOR DAMAGET TO S O ANYILLEGITIMATE� w ._ _ - - - - - - - - - - - - - -USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING - _- - -- _ - -- FROM ILLEGITMATE USE. was Wlglne e, P.E LIc. Na L'I y I8 0B OS1B: U 5o 25 O 25 50 100 SCALE IN FEET CTFY PRQIECT NO. ORONO, MINNESOTA SYMBOL LEGEND LOTLINE 022 -5: BUILDING SETBACK BOUNDARY PARCELSDUNDAAYUNE - 4 2103 DRAINAGE AND UTILITY EASEMENTS RIGHT-0F4MY 48-P BAPRON LB Opo STORM STUCTURE LABEL WELL 57-V B GY C1.3 SEPTIC SITE EMERGENCYDVERFLQW SWALE BLD: a -a SGL EDWNG LO TIDH SE/CTLWU(1 FOUHD IP D1a: 2773' g PRE CONSTRUGRDN SLTFENCE POET CDWMJCTION OLT FENCE R -3D57 -V SEPTIC'ROTECRON FENCING WOODFBER BLANKET ZZEZZI T � unurvFw.Ie 1020 TREE SAVED 020 26.5'-T5"RCP CL5 1.05% 3 0'-1YRCP L5 02.92% 1010 1010 $ m cc mm o p oo D 1000 fn h ti OOQ 005 1 L7V POND 12'RCRB96A NNINTLE® ;� Liz _ - \ ' � •'> 4 22\\\ 30 co o o 817E \ \ \ _ cc/ c 1'� W 25 y� o m �� wg a c . 101 16 APRON 1Qi0 Gf —alp o / _02 _... 9,0 -�, s � '•o \ � 1 1000 TF 102BA ,\ .1 f� 85 O -.. F1 II d wo BFI � � r 1 �O 4 gIti � A 990 980 Lp yIV co cc -01 QWDw - i a - e.&F coNSTFLLICTION NOT'F ` Tx b 00As �/ .4 f � 9 1. 4'DRAINTILE SHALL BE INSTALLED AT THE LOWPOINT CATCH • / 1 .� M p BF f r p{f CI, F� BASINS 250' MIN.g% IN EACH DIRECTION 8 930 IN THE UPHILL V QW 887.0 Ox, qF p sL R DICURELRE FOR ON SLOPE CATCH BASINS- INSTALL 1' BEHIND r _ il Ill = Ort , 2- TIE THE LAST B PIPE UOINTSTO FLARED END SECTIONS :3 OL 41 111 i _ C W W f; 4�%t! _ (TYPICALL Q. �Q i p ,f GyD j 4 , 3. SECTIONS. TRASH GUARDS SHALL BE PACED ON F_LL FLARED ENO it CL rL -� •3O a STERAULLTURESBON STORM AND ALL CULVEERT APRONS.ER BETWEEN APRONS AND GC S. IN m C.O'S DR APPROVED EQUAL 70 BE INSTALLED AT ALL STORM /,IO_ S. GRANULAR MATERLAL SHALL BE PLACED UNDER STORM SEWER 117 ----- 149-----�� I I �1 \ PIPE OR STRUCTURES THAT ARE LESS THAN 4WEIELOW 7 — i y \ FINISHED GRADE AND EXTEND MAT LEAST 48' BELOW FINISHED r \ �. > O (JI �Z� / \ *L7 T-�.A, f f \ k �r,R� p� 7. RIP -RAP FOR STORM SEWER SHALL BE CONSTRUCTED USING O \ / , r / ). \ .' \ I -� r 'E PGRANITE LACED. ROCK, 1' DIAMETER DR LARGER AND SHALL BE RANO I \ B. ALL ADJUSTING RINGS TO BE CONCRETE. C rh / /�/ / L J. \ r V�I� R F y- S. ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN _�• PLACE. NO BLOCK STRUCTURES ALLOWED. Q) \ / nS - \ S l 0 10. CASTINGS FOR CATCH BASIN MANHOLE 28 CATCHBASIN 3 / , •i' SHALL BE NEENAH R-3OS7-V OR APPRWED EQUAL Q \✓ �� ,'�`' y�y �.iQ',SETi3ACK, y. .� f - 91. IF CULVERTS SHALL BE INSTALLED FORALLN DVEWAYSN RURALSECTIONS AT THE TIME OF HOME CONSTRUCTION m � r - x".Wl L) REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS El rLA L PLAT APPLICAI7_ON - REMOVED PADS__ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I OgRg Dt,RL ][J[LLPLAT COM�iIENTS _S7RNGFiTEN,ROAO_ SAID AUTHORIZATIONICONSTEXPRESS TUTEB AN ILLEGITIMATE TIMATE U E AI'U SHALL THEROEBY w5 O DULY THE STA �NESOTA.OFESSIONAL ENGINEER UNDER THE,.`' Ft �I C C / " -'- - -- �-" '- "' --' "INDEMNIFY 3ATHREBERGOUIST, INC. OF ALL RESPONSIBILDY.T r IC' C•= �� I INC. `� `- I ,,,, m 550 SOUTH BROAD WAY WAYZATA, MN. 55381 (852)476-0000 -------- ----- -- - ----USEROSATHREPARTY LEGALLY RESERVES THE FOR DAMAGET TO S O ANYILLEGITIMATE� w ._ _ - - - - - - - - - - - - - -USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING - _- - -- _ - -- FROM ILLEGITMATE USE. was Wlglne e, P.E LIc. Na L'I y I8 0B OS1B: U 5o 25 O 25 50 100 SCALE IN FEET CTFY PRQIECT NO. ORONO, MINNESOTA SYMBOL LEGEND LOTLINE BUILDING SETBACK BOUNDARY PARCELSDUNDAAYUNE DRAINAGE AND UTILITY EASEMENTS RIGHT-0F4MY FLARED END SECTION W RL1W STORM STUCTURE LABEL WELL SEPTIC SITE EMERGENCYDVERFLQW SWALE SGL EDWNG LO TIDH SE/CTLWU(1 FOUHD IP WETIANDBUFFER MONUMENT g PRE CONSTRUGRDN SLTFENCE POET CDWMJCTION OLT FENCE — -- — SEPTIC'ROTECRON FENCING WOODFBER BLANKET ZZEZZI BrrGHCHEars � unurvFw.Ie � TREE SAVED TREE REWTIVED FINAL UTILITY PLAN KINTYRE PRESERVE CHRIS BOLUS FILE NO. 10114 -Ml 3 E i In N G n C� acs x mi - m V GF 1028-0 j .TF 1028.4 wo B 020-0 l �- ___J ti- T1ra lale 1 fall ', 1112 S 5 4 1- PROJECT THE SYMBOL LEGEND 1. THE HOUSE TYPES AND PLACEMENT AND PROPOSED DRIVEWAYS ARE FOR ILLUSTRATIVE PURPOSES ONLY. A DETAILED CERTIFICATE OF SURVEY WILL BE PREPARED FOR EACH LOT, CONFORMING TO THE THE CITY ,,ccddgVa'�}" 7 I SETBACK REQUIREMENTS, LOTLINE T�•!- �6s n 2. TREE CLEARINGWILL BE REQUIRED FOR THE ROAD AND STORMWATER BUILDING SETBACK BOUNDARY - y�1,�,-.., MANAGEMENT CONSTRUCTION. THERE ARE rREF�SHUNN IN RED, THAT PAWMLBWNDARYLINE \y ILLUSTRATE TREES THAT MAY BE REMOVED FOR THE PROPOSED HOUSE ,-- \ e 0 AND DRIVEWAY CONSTRUCTION. DRAIN&BE AND LITLRYEASEMENTS " 3. A MONUMENT IS PROPOSED AND A MONUMENT EASEMENT WILL BE E OBTAINED, RIGHT -OF -war REMOVALS; FLARED END SECTION WPAFLRAR _ I E 1. REMOVE & DISPOSE OF EXISTING STRUCTURES ON WITHIN GRADING STORN STUCTURE LABEL yI LIMITS OR AS DIRECTED BY ENGINEER, WELL - 1 ��. 1 2. REMOVE ALL EXISTING SEPTIC S CAP EXISTING WELL LOCATIONS AS 7-,2 NECESSARY. SEPTIC SITE 2. CONTRACTOR IS TO OBTAIN ALL NECESSARY PERMITS, ETC PRIORTO REMOVAL OFSTRUCTURES, SEPTICS & J OR CAPPING OF DZTING WELLSEMERGENCY OVERFLOWSWM-E ASNECESSARY.SOIL BORING LOCATIONON$r1E BNPS BENCHMARK I FOUND IP L 1. RIP RAP - RIP RAP WILL BE UTILIZED AT ALL APRONS FOR ENERGY DISSfPA71ON AND PROVIDE SEDIMENT CONTROL. wEruwD BUFFER MOI1uAENr 2, SLOPE STABILIZATION - SILT FENCE WILL BE INSTALLED ALONG DOWN � CONSTRUCTION SILT FENCE GRADIENT GRADING LIMITS AND WOODFIBER BLANKET WILLBEUT11.2W POST CONSTRUCTION SILT FENCE. -- 7j'y IL ON ALL SLOPES 3:1 OR GREATER TO PROVIDE ADEQLIATE SLOPE STABILIZATION. SEPTIC PROTECTION FENCING - - r 4$3. BIOROLLS - BIOROLLS WILL BE INSTALLED ALONG THE STREET DITCH TO A z2 - , - ! PREVENT SEDIMENT FROM REACHING THE INFILTRATION BASIN AND DITCH CHECKS ' 3D ... - ,I .. ULTIMATELY DOWNSTREAM WETLANDS. 4. STREET SWEEPING - STREET SWEEPING WILL BE DONE A MINIMUM OF UTILITY POLE ONCE PER WEEK OR MORE FREQUENTLYTO CONTROL DUST AND RAVED L MINIMIZE VEHICLE TRACKING.TREE I: S. PHOSPHOROUS FREE FERTILIZER- PHDSPHOROUS FREE FERTILIZER WILL TREE REMOVED ALSO BE USED ON SITE, _ ! GENERAL NOTES: 2J� C'N Tri 0), a_ r :. E 1. INSTALL SILT FENCE AS SHOWN ON PLAN. AS REQUIRED BY THE CITY OF ORONO OR DIRECTED BY THE ENGINEER ' _ 2. ATEMPORARY SEDIMENT BASIN MUST BE EXCAVATED AT THE BEGINNING OF GRADING OPERATIONS TO PROVIDE �rr,,�� TEMPORARY STORM WATER DETENTION DURING CONSTRUCTION. Ni ,T 30 �_ - -�_ y`� 3- BEGIN GRADING, INSTALL PERFORATED RISER PIPE IN SEDIMENT BASIN WHEN POND GRADING IS COMPLETE, TEMPORARY I� ^(�� - _ v` X41 - '�j�` "k DRAINAGE PIPE SHALL BE USED FOR INTERMEDIATE DRAINAGE DURING THE CONSTRUCTION PERIOD AS NECESSARY AND - DIRECTED BY THE ENGINEER. (�s\ ` GF 50�" 0 / L'' \ 4, INSPECT SEDIMENT BASIN. SILT FENCE, AND ROCK ENTRANCE BERM AFTER ALL RAINFALL EVENTSAS REQUIRED BY THE NPDES PERMIT. S. REMOVE PERFORATED RISER PIPE WHEN STORM BASIN AND STORM SEWER HAS BEEN INSTALLED AND STASH IZED. 6. THE GRADING CONTRACTOR IS RESPONSIBLE FOR ALL STORM WATER INSPECTIONS ACCORDING TO THE MPGA STORM WATER PERMIT. THIS INCLUDES BOTH WEEKLY INSPECTIONS AND INSPECTIONS DONE AFTER 0,5" RAIR EVENT, AGOPY OF THE INSPECTION REPORT MUST BE EMAILED TO THE ENGINEER AND DEVELOPER ON WEEKLY BASIS. 7, THE CONTRACTOR SHALL PLACE ANp MAINTAIN AN EFFECTIVE SILT CONTROL DEVICE. INLET PROTECTION SHALL BE l l l , 1, I 4 1 4; C,4�\ iA ,- & ALL RETAINING WALLS WILL REQUIRE A STRUCTURAL DESIGN, A BUILDING PERNI T&A FINAL INSPECTION REPORT. [ , ' R A 1"-2' CRUSHED ROCK ENTRANCE BERM SHALL BE PLACED AT THE SITE ENTRANCE, TO REPLACESILT FENCE, AND MINIMIZE EROSION ON TO THE STREETS. THE ROCK BERMS SHALL BE THE WIDTH OF THE ENTRANCE AND 2 FEET HIGH __7:7e� 6S Q WITH 4:I SLOPES. +yr, _ -10- THE CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE AWAY FROM THE STREETAREAS THROUGHOUT CONSTRUCTION. 1 y m C d 11. THE CONTRACTOR SHALL ATTEMPT TO PREVENT SOIL MATERIALS FROM LEAVING THE SITE BY EROSION AND VEHICLE WHEEL TRACKING. HE SHALL BE RESPONSIBLE FOR CLEANING OF STREET, BOULEVARD AND lJT1LffYFACILTTIES THAT RECEIVE ANY ERODED OR TRACKED SOIL MATERIAL OR OTHER CONSTRUCTION DEBRIS OR MATERIAL .12. EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE ]I} _ EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES BEFORE COMMENCING WORK, HE AGREES TO BE FULLY # ,_. U7 � * .. +„'� RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXWMY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES, D BUFFER PLANTING NOTES: Z 1. BUFFER AREAS DISTURBED BY GRADING OR CONSTRUCTION ACTIVITIES SHALL BE REPLANTED AND MNNTAINED PER k \ a MINNEHAHA CREEK WATERSHED DISTRICT REGULATIONS, L "•-��!�-t- 2. SOILS "' PRIORTO RE-VEGITAHALL BE �IO NLO4'OO B" OFT PSO LI ORA MINIMUM DEPTH OF 18. ORGANIC MATTER SMALL EE EXISTINGON SD'E ORGANIC MATERIAL INTO SOIL -Iwo _ � (5p� ® l r• � 6 1-:3. SEED W EDAND BUFFER AREAS 4YITH MWDOT 350-MESIG PRAIRIE (36.5 PLS LBSJAC) OR BWSR 34 261 SEED MIS AND _ Q'L PERTILIZE WITH 20 10 ATMO LBWAC �•�..)f - "_ _- .-. `�1 _ ' fi - ,.0 10, , . Q " 1 I' )` s r" 4. SEED ALL OTHER DISTURBED AREAS (NON WETLAND) WITH MNDOT 250 AT ARATE OF 100 LWAC AND FERTILIZE WITH 20.0-10 AT IDO LBSJAC(UNLESS OTHERWISE NOTED) ' -- - -- 5. ONLY PHOSPHOROUS FEE FERTILIZER IS TO BE USED ON SITE. B. MULCH WITH TYPE T AT A RATE OF 2 TONSIAC AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT 7. EROSION CONTROL BLANKET SHALL BE PLACED ON ALL SLOPES 3:1 OR GREATER j+i B- MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. JO '� �p B. RESTORATION WORK SHALL BE COMPLETED WITHIN 7 DAYS OF GRADING COMPLETION. _ 4> 6 t FILTRATION SHELF NOTES: ", 1. Intf lex aton oftlefiltrdlDn shelves shell be dug T below the finished find grade. 2. The bioreta16Dn safl within the Stra0on shelvesvAll he installed afterthe slorm sewer autat control shuccre Is Installed, ! - 10 F - . 3. To prevent soll compaction, heavy equipment shat tam not be Slowed within the rain gardens at any s. / I i y ; - n .� 4. The bottom of the flltratWeh n elvr shag balled a mlaid mum 12" polar 14 pFadng the biwekrrlfon sol. S. RelalMay light equipment whb tacks shall be used to ezcavals the filtration shelves 6. Immediately upon completion at grading the fltrdlon shelves, am fence shat be Installed per the plan to establish padmiar L / ! !f I f}' T �, �� L B. The bloreSafi he tentlon within tshelves will be T deep wfth a 6' draMAa ralsed one foot above the base of the bloretention sell. / I + h r 9. The Noretwilon Sall recommended by MNdot of 3148-2J (tne filar sand sggragahe} `/+ `I / F } y R 10, The mix for the tOrrtloh Shelves. should be 100% Sand. ._ 1DsACK ! ', y ff/ 11. MlmnearnaMaldh&saucan s+pl*y and den� this sell premixed. (651) TYPICAL FILTRATION BENCH DETAIL s d 25 ___ _________ { _ __ _--------- _I I I 20 20 a.: -/.- �'�� - '^1K•'�✓ � r.^__ ii fir I 15 NWL L-- ------ _ y' _-_. .dlaMnBs�O�-110 6 10-17a- r---_� ...T 10 ,PadorMet}DmrrnelnosxKltr auorre hl� Meda ne9.l s. 4.y �, • I a 9 Salk I (Beddetl➢rPCk-RdaN, r ap�nl binge, E"eadj side) ; Rip Sint a -.I ,„ J Send FMh Nsdla ' ThICR 50 25 0 25 50 100 + i hA,trnm w i 100%M):oLTT Bp 5148.L [Floe � + Send Aggleges) BCALE LN kEET 0F00 0+10 0+20 0+30 0+40 0+50 _ 0+60 a+70 •� - - _ r4ohe: Esewete etshkn shows z mTaw#dshed grade during grading scllvtles to alb- for placement orlhe bhmleeimh sall during slonn sewer heialaeon. USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF hnencoT T.cn nrT inn, ml�rL.uv un areL.rrrL.n'' n� PREPARED BY ME I: UNDER MY DIRECT Sl1PERVISION AND THAT 1 SORA L,,,TrnwC[ilC . INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT �61� F� - SATHRE-BERGOUIST, INC's EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGISTER P OFESSIONAL ENGINFF.RUNDER THE SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS THE STATE�L NESOTA. m SATHRE-BERGQUIST, INC, INDEMNIFY SATHRE-BERGQUIS7, INC. OF ALL RESPONSIBILITY, ® 150 SOUTH BROADWAY WAYZATA, MN. 66391 47643000 ORONO, SATHRE-BERGgUIST,INC. RESER4IESTHE RIGHT TOH011)AN1'1LLEGITIMATF /_-y_ `� w e )062) USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING �^'""�I"-- S c4 MINNESOTA FROM ILLEGITMATE USE aft es WIRRme e, p.�r. Date: LJ 1S' Llc. No. Lr y 18 O %%N PLP - FILE NO. FINAL GRADING PLAN 10714.001 KINTYRE PRESERVE 4 CHRIS BOLUS 8 gad` 1 r { • :� f '� ' & 9 b � �• , - �,s� �I "b T �'- �-? r 4 La tit '' ...-._... : _4 jowrrptE---r WD I 1 jw 17 q T ....- �r •� � sig � ':ri r. �% � `�° r , t -. t , r SYMBOL LEGEND LOT LWE BUILDING SETBACK BOUNDARY PAROELBOUNOARYDNE 200 DRAINAGEAND LIMY EASELV WIS RIGHT4F4YAY FLARED END SECTION WBSP•RAP SCALE IN FEE, STOTa.I STLICTIIRE LABEL t �� x. WELL 9 SEPTIC SITE EMERGENCY OVERFLOW SWALE SOILBORINGLOCATIOM NO. SENCHMARKIFOUNDIP DATE WETMND BUFFER MONLMENT I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PRE CONSTRLK TIDN SILT FENCE CITY PROJECT NO. POST CONSTRUCTION SILT FENCE -- — SEPTIC PROTECTION FENCING 1 WOOOFMR BLANKET 08109118 DTTGHGHECPS v INLET PROTECTION UTILITY POLE 10114-001 TREE SAWO 2 -' TREEREMOVED 09118/16 GENERAL NOTES: 1. CONTRACTOR SHALL INSTALLED PERIMETER EROSION CONTROL MEASURES SHALL BE INSPECTED BY THE CRY PRIOR TO ANY DEMOLITION OR LAND DISTURBING ACTIVITIES. CONTRACTOR SHALL PROVIDE CITY WITH 24 NR NOTICE. 2. INSTALL ADDITIONAL INLET PROTECTION IN THE FIRST TWO EXISTING INLETS ON KINTYRE LANE DOWNSTREAM OF PROJECT SITE 3. SEE SHEET 4 FOR ADDITIONAL EROSION CONTROL NOTES. F —i 100 50 0 50 100 200 SCALE IN FEE, - DRAWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. bwebollls 1 CAW 08109118 FINAL PLAT APPLICATIONh„-REMOVER PADS INFORMATION) OF THIS PRODUCT ISSTRICTLYPROHIBI EDWRHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANO THAT I gas BORy FINAL EROSION CONTROL PLAN 10114-001 DRAWN BY 2 -' CAW - 09118/16 FINAL PLAT CQM�NEJ�T -. iTRAI TEN RW, SATHRE--BERGQUIST, INC:s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AMA DULY REGISTER OFES510NAL ENGINEER UNDER THE LAWS THE STATE NESOTA. F6 SATHRE-BERGQUIST, INC. CAW -- - -- ---- SiA1DAUTHORIZATIONCONSTITUTESANILLEGITIMATE USE AND SHALL THEREBY ----------{--'— `--"'INDEMNIFY SATHRE-BERGOUIST,INC. OFALL RESPONSIBILITY. a > 150 80FITH BROADWAY WAYZATA, MN 65391 {962) 476-0000 ORONO, KINTYRE PRESERVE Tj CHECKED BY -- - SATHRE-[REINC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE .., m 4r CAW — -- --- ----------------- USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING a Sgs.PE '� FRs MINNESOTA CHRIS BOLUS p DATE - - - - - - FROM ILLEGITMATE USE. Date: (] fS- Uc. No. Lf 9 f 8 D PLP S 08117115 y � � �T 1f SUF AVI='RAGIRI.� 5,264 SCFTL ;dfTIGATI TI SQFT I MI`GA nON � r �Bl1F�ER ��'ri 1, all BTiFT �✓:+ IMPACT.,! cYf�P x. 7 4 PRESERVE MNRAM 12-01-15 I r� JaUFFI a .L AVERAGING � 1,311680FT r i FJITIGATION' ! _ �O �` BUFFER 1 * AVERAGING t �,�, , i,ri6 saFr _ -$✓ ��' q Weiland 2 PRESERVE KRAM 12-01-15 50 . & rr ) ft; DO I S BUFFER .-AAVERAGING i 15,782 SOFT MITIGATION 36��f 1 BUFFER e ®. ® VERA 113 --. -'s -.';"`/ i' - -yx 462 SOFT 7. G AA1A 7�� ,. .IMPACT } ' - 1 ,Lri .,�'�&µOCES6.'I '', I WetlandMarfW s ell �.'�'+� X ✓ MNRAM 120,-15 -5 ,- o5 ry 11*'A,CT $UFFE SYMBOL LEGEND LOT U14E BUFFER BUILDINGSETBACK BOUNDARY - PARCEL BOUNDARY LINE IMPACTS DRAINAGE AND LRBRY EAsEmENTS RIGHT -0F -MY FLARED END SECTION WIRIPAAP' STORM SNCTLIRE LABEL WELL SEPTIC SITE EMERGENCY OVERFLOW SWALE =• SOIL BORING LOCATION BENCHMARKAFOUNDIP WETLAND BUFFER MONLAgRiT PRE CDNBTBUCTKTN 8ILT FENCE POST ODNSTM=DN SILT FENCE - -- — SEPTIC PROTECTONFENCING --.-..... WOODFIOERBLANNET DnC CIECKB vJ UMU`FY POLE TREE SAVED TREE REMOVED 11 AV—IN 6ir-. .BUFFER �- 2,42954FT AVERAGING J 1 IM PAtCT 2,884 SOFT §'7- BUFFER MITIGATION -'AAT T�" 77�K AVERAGING 50 25 0 25 50 100 5.285 SOFT MITIGATION SCALE IN FEET i DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY GERTIFYTHAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. 8109116 .FII' PIAT AP PgCATO1N_REMOVI�DPAOS_ INFORMATION) OF THIS PRODUCT IS STRICTLYPROHIBITED WITHOUT PREPARED BY ME OR UNDER MIYDIRECT SUPERVISION ANDTHATI oss $L — BUFFER AVERAGING PLAN 9119116 „FINALpLACO) ,TAMMEi1TS_-_STPAJGIjjEN.$OpD_ BATHRE BERGOUIBT, INC.'. EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGI P OFESSIONAL ENGINEER UNDER THE 10114-007 -- SAID AUTHORIZATION CONSTFIUTESANILLEGITIMATE USE AND SHALL THEREBY LAWS Of THE STATE NESOTA. N SATHRE-BERGQUIST, INC. ---- -'- - ----"- -----'-INDEMNIFY BATH RE-BERGOULST,INC. OFALL RESPONSIBILITY. ORONO, KINTYRE PRESERVE 6 15D SOUTH BROADWAY WAYZATA, MN. 66991 (962)478-6000 - - - - -- - - - -- SATHRE-0lRGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE Rn - --_.-___---_---- USER ORPARTY LEGALLY RESPONSIBLE FOR DAMAGES ORLOSSES RESULTING.eP MINNESOTA CHRISBOLLIS _ _ _ . FROM ILLEGITIMATE USE. �'4't.?Rs ALP Date: S' LID. No. y i ! 8 0 BUFFER BUFFER AVERAGING AVERAGING IMPACTS MITIGATION 11 AV—IN 6ir-. .BUFFER �- 2,42954FT AVERAGING J 1 IM PAtCT 2,884 SOFT §'7- BUFFER MITIGATION -'AAT T�" 77�K AVERAGING 50 25 0 25 50 100 5.285 SOFT MITIGATION SCALE IN FEET i DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY GERTIFYTHAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. 8109116 .FII' PIAT AP PgCATO1N_REMOVI�DPAOS_ INFORMATION) OF THIS PRODUCT IS STRICTLYPROHIBITED WITHOUT PREPARED BY ME OR UNDER MIYDIRECT SUPERVISION ANDTHATI oss $L — BUFFER AVERAGING PLAN 9119116 „FINALpLACO) ,TAMMEi1TS_-_STPAJGIjjEN.$OpD_ BATHRE BERGOUIBT, INC.'. EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AM A DULY REGI P OFESSIONAL ENGINEER UNDER THE 10114-007 -- SAID AUTHORIZATION CONSTFIUTESANILLEGITIMATE USE AND SHALL THEREBY LAWS Of THE STATE NESOTA. N SATHRE-BERGQUIST, INC. ---- -'- - ----"- -----'-INDEMNIFY BATH RE-BERGOULST,INC. OFALL RESPONSIBILITY. ORONO, KINTYRE PRESERVE 6 15D SOUTH BROADWAY WAYZATA, MN. 66991 (962)478-6000 - - - - -- - - - -- SATHRE-0lRGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE Rn - --_.-___---_---- USER ORPARTY LEGALLY RESPONSIBLE FOR DAMAGES ORLOSSES RESULTING.eP MINNESOTA CHRISBOLLIS _ _ _ . FROM ILLEGITIMATE USE. �'4't.?Rs ALP Date: S' LID. No. y i ! 8 0 M NhY1 R M Pea�M � t, Err wLNmC �agLAAcx I -'I IYPENPECIDINEFAPL L .rlpL�yq„Iu,ir,LNn araA6R,r0Ore11pNNd ��N""offs �,uel[o lmcw M1PENPEArPn14 P•OAO Aix Mo u9 'W abaffldlrFWIMFEtIw elxxx,im 4rx rotwsrwYDLIDPdI SIANDARGS AND DETAILS I 3 MCH CHECKS �® lm Esso Oval© !7O®O ollat•�[�r� � ®i:�ti1•E© 000© �C )TI�11 SECTION A -A tirxvd rLra STANDARD DETAILS RIPRAP DETAIL FOR FLARED END SECTIONS ELM -- CONCRETE WASH OUT TO BE LOCATED ON SITE BY ENGNEER. MACHINE —ED 1 rdLF R-aY _ f OPl NRA rA91 cRusunemcucrE.'rb: e•cs rr PRCFeP ai rtxcF SmEEI xm m swE STANDARDS AND DETm, CONCRETE WA51 CUI Wena! •u mors W eE 1— DN,NL•LNLLf�m!�LRlrq D uNrLn °Pam, wIs RsrL 1° %[ WNreW10x a LePURLL „�M[, 1rrL LevAn � FLOW^ L� orE eRNr1 NmR •,. [LEwWDN N•aaEirf�a' Ire NiE ,eL aweNue mvmcR m DaChL NN r.Fe L W C •Io Alma[ eF M !ES STANDARD DETAILS CUTLET STRUCTURE aNulae ouTu.Wo vfr�re ,aM�e •i sP"ROIx, uermmoL.aLsossNN. SNNr/ATAM.0 sr•Rraram uMU MIMM� f RAM, �j 5e•deFLeTxawi wu A. Nmeelm.cr SYAMGJINIANO PIC11rp1N[N EROSDN CONIOL "KET 1167ALLATIDN M. Lmm m�WuOx le�Muaipi� dr �• w,e in moue un rp A L•v mlr gLi rLN[L pu M mML ern[ LLexa M rola Ley •4o e[m ILF Nan irN-Fn' w w1 erNr�i rnT �Ylf / `Am[ID'°wxoaBaN rL.I�C° iiio[N:axalN x0.CCf4 uPpLxl[D CFMixG WerueE r� s 4T.ILrNm xm INLfx. -- wwsLe TxKm� eNPL wo.sL�r Tele "x`Ii e«°mom m'u+rti x�a� o'in'aa .I¢uoC w1. ,-s- Rrl \ LNxw,LL, t.Nfx M c•mxP. �•• axr 1. •�'.»cnoL[e[au,'�ocL.� ' eN,eNL �TME��r a`rrmLMIs oaTa iI rWN'u'cir. 1 it ar>��rxCF RFL xIX FOL ole � r L � X01` q[LAr � eee ra4•si u rW"[a-N_rL•c[ ewp[re e1E^[[ •19 iN[n[, NMuw xM r'•naRss e• PDn u'ttrnL ry�:IaAu RenDRs I- mM[D ss rrA [Mx. ar aPm tlY•IDu STANDARD DETAILS STANDARD DETNLS SILT FENCE DETNL STORM SEWER MANHOLE WITH CONE SECTION aee`wli amt `a ya csnxs s¢ u,•isr-eN rcP omen cMNa omaPs ,p. II up N. uY LOLC. 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OL FKNC OEDIErIILE { �r,]r MluelNt OIIOHgINICE IXT� STANDARD DETAILS DITCH CHECK DETAIL -- I— eAN Afi.IxP eN HE— a -]]r, -v INSTALL NEENASTWG NO R -3067-U mem w"e•°c'°M%rwo, AN CeleiL arlFm Vs-+ mM ,rE.Iaa�.a'-�,ereo•c.:f w,i . cubo e'r'r^ ,n��oNL MImxLnmCeaMHsL RtAN-x ��R-�r caexfRtvC'xl c,oc�WmNR�. eC�sLaeKa��imACc[iAa[ ma •NF I//Ty1" � r� NWDPTRE�LR: ,mxCE W e Neieac[arLxl x ro,RrLIFe YxC m ]/,' �S s na a�IXMLlme.��I!r',naIMrIMa[cl�[�APNMTLEePC�LN.aaTN„eLoLsmvoDas1•x.�zQRnR Me a NpmDsoDwL�'xIoOrrP,AlroPDroLP•Ns+NamuI�, LolmNlu4moa e,l xnx �v N "- BE B672 mum LsM,ex S r11 121 RCP n Rrw•��o omrNV�l euRisr�xairs[�HRU`NRLeiA[ l`stl�waAm" " r'`7w=To� q.w•axDw W PIPE r xesN,Lr+rroxra e ar. Nn.r eflwe Luca N nre s Re swxeAnaElE r DP. NH.Fa Alwo eN[s A ose rrenm rra A a,A . m I -,Ar nw RDUI cP+laA dPNra a,NL m - mMm•ox Nrmrelo ,o m - .. XM AmcsR7 pNtre M mwrt Nla o.os or M ttw4 °• um u v r•,m es.] N•auNL ,fie"N[ea Ip[ •RuerNc aµxm M ro uLrN rALcz STABLE IO DRY r ,q �W.aiT•�M.uvLE WCd �� wPuw[ lnmlf �MH MulNrrC M Gavpmmus r IK 4aii WC Ma�iNINF� 10 LNnLb: ME ,SYFR [L e[IOx nxim[p mrtC An• NRLWE W Y xx4 u(ParELv � ��.� �d®w'ID�mwe` M YYm � [[LCe ni9m Cn4 � 1� _ ueu M cAsreW rxEAE cAv eE xD uTME � I ,r - .nea'1°"ucwoLNN.,-r Has " Ns1mi' m,,:ros GSeu1 *D smin�`P[`.a: No.rnraluRfcnox.I +Li"xo Lu ,rl� pie ELm uco,rier[N wrtTWa� L,"a"iwLr'r4eT"Eui."EaN Mr�rla°fn i°ro ,Mea .«o H.ca. r I Lm. [u x[ �IP,NLro v, NL L ¢M GMme LWT LI.Lv eEN•NF m NlLperLi ro i,/S,INx reIDu3Lmm a� � Na,SikS, ND •E w feN,�A P�FIlomrf Go arta[ F� ff,I!fTJ[ M Rr61 AINC a4D NBiuRy B,aE,o4a rM [e Deuawava. lIR SmJCitlA[lL.0 ID%fN "r4 r rIELMr IEIrmQDrNePLWxFIIeLM! •IU rA'�RNIFLnLCNILTUNSTABLE OR WETCONDITIONS LSlJRMOUNTABLE RreM, rnwRrt N•enr src[rr. Darts mL �' ""-T _ cLaI4 roll arlo Vie[ Nml[D ' •'NMx]a mM ruxx s,Pea rL.anc P smucNF[ eMs Is Lm ,xxx �� rs eNrNss ecumis M I ve.at Hee •• e� a 1_� � e •'Nr`rleuwu NN • Ne � Za11'�'BBicrenm[LwNfmucw�uemlmnrNnula N! uu r�cLeNR�r � a wP`ieN�`as.°°e a nL[� of L a sm c raoen. rm ISL a .� '� � ori �PP�wh� of � N,M"�xl,m�L.�,NaL rarxmosa. oxarr.suxs m+LL eE mArIDs mletH vc.Fmr eNx•tm '�1 uowE ..wL eQa `m°"aean esll.vavzxN.LNrlwesowm,:cluls e WrelLe us NSDe wTa eMN ualxa[ NDI xr,x flK�s Ae rtEr. EKrerotrelle[iau'Aeors�Wrexiaax. I �aA ameelmA�EDNTNSAraFPr a Mu s•e ,xuMla rrrcs rr m.m m sa mm °o. f*-, o, sr_e °�v°e - _; m.AaeFNaxe,W xW.r PAwrrea IruLretax na wider. �m � AAM®WwmL�uxTISNANerle:l.L�L ,Ls ruex ere NEa•L RCLIrWo °rmmnemNN oaaP°IxEcnDns - CURB CUT DETAIL "%r la D aewM" sANOR HOPE PI�TAIL� _ STANDARD CETAILS nmu STANDARD DETAILS STANDARD DETAILS STANDARD DETAILS STANOARp pETAIL5 sTANDAR6 DETAILS PRECAST STORM SEWER CATCH BASIN MANHOLE LATCH BASIN (MAR. DEPTH 4.51 STORM SEWER BEDDING STANDARD CURB DETAILS CATCH BASIN INLET PROTECTION DETAIL OIICN CJiECK /FIBER ROLL DETAIL TWIN REINFORCED CONCRETE TOP SLAB I WMCO OWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CRY PROJECT NO. _. FILE NO. beBehO111s 7 CAW 0_5109178 FINAL PLOT APPLICATION - REMOVED PADS_ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION APiI THAT rrceP°' 8���t — DETAILS iDT Tgm1 )RAWN BY 2 CAW_ 08176116 _ FINAL PLAT COMMENTS STRAIORTEN ROAD_ SATHREBERGQUIBT, INC.'s EXPRESS WRiCTEN AUTHORIZAnow USE WITHOUT . AMA DULY REGISTERED PI}O'FESBIONAL ENGINEER UNDER THE CAW - - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SWILL THEREBY LAWS O THE STATE Of hQNNESOTA. I S`" ATH R E_ B E. G O 1 1 I `.,"i INC. iECKEO BY - - -= INDEMNIFY SATHRE-BERGOUIST, INC. OF ALL RESPONSIBILRY. /(//// a ORONO KINTYRE PRESERVE 7 - SATHRE-BERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE 1 W SOUTH BROADWAY WAYZATA, MN. Sfi397 (962)4T6�000 I DATE -- - - - - - - - - - - - FUSER ROM IOLLPARTY EGITMp,TEL USE RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING e, P. %F P"eo- MINNESOTA OSrITn6 DRIB: 'M 9 �r1(�s LIC No. 49i8o R8 p� CHRIS BOLUS 8 NDlL4 a. 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DEPTH 4.51 STORM SEWER BEDDING STANDARD CURB DETAILS CATCH BASIN INLET PROTECTION DETAIL OIICN CJiECK /FIBER ROLL DETAIL TWIN REINFORCED CONCRETE TOP SLAB I WMCO OWING NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDIOR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CRY PROJECT NO. _. FILE NO. beBehO111s 7 CAW 0_5109178 FINAL PLOT APPLICATION - REMOVED PADS_ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION APiI THAT rrceP°' 8���t — DETAILS iDT Tgm1 )RAWN BY 2 CAW_ 08176116 _ FINAL PLAT COMMENTS STRAIORTEN ROAD_ SATHREBERGQUIBT, INC.'s EXPRESS WRiCTEN AUTHORIZAnow USE WITHOUT . AMA DULY REGISTERED PI}O'FESBIONAL ENGINEER UNDER THE CAW - - SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SWILL THEREBY LAWS O THE STATE Of hQNNESOTA. I S`" ATH R E_ B E. G O 1 1 I `.,"i INC. iECKEO BY - - -= INDEMNIFY SATHRE-BERGOUIST, INC. OF ALL RESPONSIBILRY. /(//// a ORONO KINTYRE PRESERVE 7 - SATHRE-BERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE 1 W SOUTH BROADWAY WAYZATA, MN. Sfi397 (962)4T6�000 I DATE -- - - - - - - - - - - - FUSER ROM IOLLPARTY EGITMp,TEL USE RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING e, P. %F P"eo- MINNESOTA OSrITn6 DRIB: 'M 9 �r1(�s LIC No. 49i8o R8 p� CHRIS BOLUS 8 NDlL4 a. PP•S �. O Z Q a m m m rn 11 A 5 7a 7 4 ie 1� OR 3 ♦may" r �� ry T J' s a 4 1 k a k � a PRESERVE yMNRAM 12-0iyi5 1 R. �r 4� ax I Y r 1 1 Y / fir � � is •�. 1- 1 RESTORATION NOTES: 1. RESTORE ALL DISTURBED AREAS WITH G' OF TOPSOIL, OR EXISTING ONSITE ORGANIC MATERIAL 2. DISTURBED BUFFER AREAS SHALL HAVE SOILS DECOMPACTED TOA DEPTH A OF 18' AND ORGANIC MATTER INCORPORATED INTO SOILS PRIOR TO REVEGETATION PER MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) WETLAND PROTECTION RULE 7, 3. DISTURBED BUFFERS SHALL BE REPLANTED WITH NATIVE SEED MIX ORNATIVE PLANTINGS APPROVED BY THE DISTRICT. 4. SEE POND SLOPES WITH MN/DOT 310 OR BWSR PB SEED MIX AT A RATE OF 100 LEIVACRE AND FERTILIZE WITH 2041D AT 100 LBS/ACRE 5. SEE ALL OTHER DISTURBED AREAS WITH MNDOT 250 & BWSR SEE MIX FOR WETLANDS ATA RATE OF 1 DO LBWACREAND FERTILIZE WITH A 20-0.10 AT 100 LBSIACRE (UNLESS OTHERWISE NOTED G. ONLY PHOSPHOROUS FEE FERTILIZER IS TO BE USED ON SITE. 7. MULCH WITH TYPE 1 AT A A RATE OF 2 TONES/ ACRE AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT. 8. MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. 9. RESTORATION WORK WILL B COMPLETED WITHIN 72 HOURSOFGRADING COMPLETION. 10, WETLAND BUFFERS SHALL INCLUDE LANGUAGE THAT INDICATES THE PURPOSE AND RESTRICTIONS OF THE BUFFER AS WELL AS LISTING MCWD & THEIR PHONE NUMBER (951 641-0532.). 11. RESTORE CONSTRUCTION ACCESS AFTER CONSTRUCTION 18 COMPLETED 12. DE -COMPACT SOILS UNDER REMOVED HARD SURFACES AND ALLCOMPACTED SURFACES PR[ORTO RE-VEGITATION. WETLAND BUFFER PLANTING NOTES 1. BUFFER AREAS DISTURBED BY GRADING OR CONSTRUCTION ACTIVITIES SHALL BE REPLANTED AND MAINTAINED PER MINNEHAHA CREEK WATERSHED DISTRICT REGULATIONS. 2. SOILS SHALL BE DECOMPACTED TO A MINIMUM DEPTH OF 18. ORGANIC MATTER SHALL BE INCORPORATED INTO SOIL PRIOR TO RE-VEGITATION. TILL 4' TOG' OF TOPSOIL OR EXISTING ON SITE ORGANIC MATERIAL 3. SEED WETLAND BUFFER AREAS WITH MNlDOT 35G -MESIO PRAIRIE (35.5 PLO LBSIACEOR BWSR 34-261 SEED MiX AND FERTILIZE WITH 204}10 AT AOD LBSIAC 4. SEED ALL OTHER DISTURBED AREAS (NON WETLAND) WITH MNDOT 260 ATARATE OF 100 LBBAAC AND FERTILIZE WITH 2OJ0-10 AT 100 LMAC (UNLESS OTHERWISE NOTED) S. ONLY PHOSPHOROUS FEE FERTILIZER IS TO BE USED ON SITE. 6. MULCH WITH TYPE 1 AT A RATE OF 2 TONSIAC AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT 7. EROSION CONTROL BLANKET SHALL BE PLACED ON ALL SLOPES 3:1 OR GREATER S. MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. 9. RESTORATION WORK SHALL BE COMPLETED WITHIN 7 DAYS OF GRADING COMPLETION. WETLAND BUFFER - DISTURBED BUFFER MONITORING PLAN: 1. SUBMIT TO THE DISTRICT AN ANNUAL WETLAND BUFFER INSPECTION REPORT ON OR BEFORE JANUARY 1 OR EACH YiAR FOR FIVE YEARS. AFTER THREE YEARS APPLICANT MAY SUBMITWRITTEN REQUEST TO CEASE ANNUAL MONITORING IF WETLAND IS WELL ESTABLISHED (REOUIRES OISTRMTAPPROVALj 2. ANNUAL WETLAND BUFFER INSPECTION REPORT SHALL INCLUDE A SITE PLAN SHOWING 1. LOCATION OF PERMITTED BUFFER AREA 2 AREAS OF BARE SOILS OR EROSION 3. AREAS OF INVASIVE VEGETATION 4. LOCATION & TYPE OF ANY ENCROACHMENTS ON BUFFER B. COLOR PHOTOS OF WE TOMO BUFFER TAKEN DURING GROWING SEASON WITH VANTAGE POINTS LABELED. C. DESCRIPTION OF BUFFER VEGETATION INCLUDING: 1, LIST OF DOMINANT PLAN SPECIES & ESTIMATED PERCENT OF COVER 2. COMPARISON OF THE SPECIES PRESENT TO APPROVED PLAN/ TING I SEEDING RAN. D. WRITTEN NARRATIVE THAT IDENTIFIES MANAGEMENT STRATEGIES TO BE UTILIZED DURING UPCOMING GROWING SEASON TO MANAGE INVASIVE SPECIES, IMPROVE PERCENT COVER & SPECIES DIVERSITY & i MITIGATE ENCROACHMENTS. 1, WETLAND BUFFER- DISTURBED BUFFER MANAGEMENT& MAINTENANCE PLAN: YEAR 1: 1. SEEDED WETLAND &BUFFER AREAS SHALL BE MOVED TO A HEIGHT OF d TO6INCHES A MINIMUM OF TWO TIMES DURING THE FIRST GROWING SEASON & BEFORE SEPTEMBER 30. 2. INVASIVE & NON-NATIVE SPECIES IN WETLAND BUFFER SHALL BE SPOT SPRAYED TWICE ANNUALLYAT TIMES THAT ARE PARTICULARLY EFFECTIVE GIVE THE PROBLEM SPECIES. 3. STRANDS OF CANARY GRASS IN BUFFER AREAS SHALL BE TREATED WITH RODEO OR ROUNDUP HERBICIDE IN LATE OCTOBER AND AGAIN EARLY THE FOLLOWING SPRANG BEFORE DESIRABLE SPECIES EMERGE 4. HERBICIDE TREATMENTS SHALL BE APPLIED ACCORDING TO LABEL INSTRUCTIONS. YEAR 2: 1. AREAS OF INVASIVE SPECIES SUCH AS REED CANARY GRASS AND THISTLES SHALL BE TREATED WITH HERBICIDE EARLY IN THE SPRING PRIOR TO THE EMERGENCE OF DESIRABLE SPECIES. 2. SEEDED BUFFER AREAS SHALL BE MOWED TO A HEIGHT OF a TO B INCHES BETWEEN JUNE 1 AND JULY 15 TO ALLOW FOR LIGHT PENETRATION TO SEEDED SPECIES AND PREVENT SEED SET ON WEEDY SPECIES, 3. OTHER INVASIVE & NON-NATIVE SPECIES IN BUFFER SHALL BE SPOT SPRAYED TWICE ANNUALLY AT TIMES THAT ARE PARTICULARLY EFFECTIVE FOR PROBLEM SPECIES, 4. STANDS OF REED CANARY GRASS IN ANY BUFFER AREAS SWILL BE TREATED WITH RODEO OR ROUNDUP HERBICIDE IN LATE OCTOBER. 5. HERBICIDE TREATMENTS SHALL BE APPLIED ACCORDING TO LABEL INSTRUCTIONS. YEAR 3 TO 5: $ 1. AREAS OF BEAR GROUND OR DEAD VEGETATION OF MORE THAN 20 SQUARE FEE SHALL BE RESEEDED AT YEAR 3 OR LATER AS NATIVES TAKE TIME TO MATVTRE 2. SPOTSPRAY PERENNIAL WEEDS AS NECESSARY, 0 REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANDADR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS - FINAL PLAT APPLICATION - REMOVEDPADS INFORMATION) OF THIS PRODUCT IS STRICTLYPROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT l F,6A5 8044 ]NALPLA7 Q91VIFRENT-. _STRNGFifEN ROAD SATHRE:BERGQUIST, INC.'. EXPRESS WRITTEN AUTHORIZATION. USEWITHOUT AMA DULY REGISTER P OFESSIONAL ENGINEER UNDER THE A Ft W SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS THE STATE OF IrNESOTA- i SATHRE-BERGQUIST, INC, - -- -- -- - - -- - - - - - - - - - INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. 15D SOUTH BROADWAY WAYZATA, MN. 553D1 (052)4788ODD -- -- - - - - - - - - - - -- -- - - - SA7HRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE "' w _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTNG Au FROM ILLEGITMATE USE, Date: �� LIC. W. A-14I8Q 3. PATCHES OF PROBLEM SPECIES THAT REPRESENT MORE THAN 5% COVER AREAS SHOULD BE SPOT MOWED TO PREVENT SEED SET & TREATED WITH HERBICIDE AT AN APPROPRIATE TIME 4. IF POSSIBLE & REASONABLY FEASIBLE, A CONTROLLED BURN SHOULD BE CONDUCTED ONCE BETWEEN - THE THIRD & FIFTH YEAR. PROPOSED HARDWOOD TREE) PROPOSED CONIFERS TREE EXISTING TREE SAVED Q BUCKTHORN REMOVAL AREA � R � GARLIC MUSTARD REMOVAL AREA GO 30 0 30 120 SCALE IN FEET c'" PRG'E�T"°• LANDSCAPE PLAN & WETLAND BUFFER FILE NO. MAINTENANCE & MONITORING PLAN 10114001 ORONO, KINTYRE PRESERVE g MINNESOTA CHRIS BOLLIS LN K Real People. Real Solutions. October 5, 2016 City of Orono Attn: Mike Gaffron 2750 Kelley Parkway Orono, MN 55356 RE: Final Plat Application 16-3860 Kintyre Preserve Engineering Review #2 Dear Mike: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: Council Exhibit D I. Stormwater management for the proposed site meets City requirements. Proposed peak runoff rates will be restricted to less than existing peak runoff rates, and volume control will be provided in accordance with NPDES requirements. 2. The Engineer's Estimate indicates proposed improvements will cost $325,628.00. Therefore, a Letter of Credit totaling 150% of proposed improvement costs ($488,442.00) should be submitted prior to any land disturbing activities. 3. The minimum escrow of $10,000 should be submitted prior to any land disturbing activities to provide for erosion control and engineering oversight. 4. Clear drive lanes must be maintained on existing Kintyre Lane during construction. The Contractor will have to exercise care during mobilization of equipment to not block traffic, and parking for construction workers should be restricted to on-site only. The Contractor should submit a Traffic Control Plan prior to any work. 5. Record drawings must be submitted upon completion of the project. If the proposed permanent pond is to be used as a temporary sediment basin during construction, as -built survey shots on pond must be obtained after construction sediment is removed and side slopes re -dressed. 6. Horizontal curves for streets with a design speed of 30 mph must provide a minimum 275' radius. The curve located at approximately station 5+00 does not meet the minimum requirement. The Plat should either be revised or a variance would be required. 7. The new driveway to Lot 5 should be installed at the same time Kintyre Lane is constructed, and the existing driveway should be removed. The new driveway location should be indicated on the plans. 8. Removal items not depicted on the other plans should be noted for demolition on the Site Plan. These items include the construction access driveway and the portion of driveway removed that use to serve Lot 5. 9. The grading necessary to remove the existing driveway to Lot 5 should be indicated on the Grading Plan. Any existing culvert present should be removed, and the drainage way should be restored to pre -development conditions. 10. Notes detailing procedure and schedule for connection of new street to existing Kintyre Lane should be included with plan. Bituminous pavement should be saw -cut for clean match lines. Enough existing curb and gutter should be removed to install 15' radii to the new alignment. Final extent of H:\0RN0\C13109539\15-3763_200 Stubbs Bay Asad\Final Plat\Reviem\Kin ymPmse a PinelPlaS 2016-10.05.doc Bolton $ Menk is an Kintyre Preserve Final Plat Application October 5, 2016 Page 2 existing infrastructure removal shall be coordinated in field with City prior to any demolition. Notes should also include schedule for removal of Construction access. Please let me know if you have any questions or need additional information. Sincerely, Bolton & Mank, Inc. M� M r Robert E. Bean, Jr., P.E. Water Resources Engineer H:\0RN0\C13109539\15-3763_200 Stubbs Bay Road\Flnal Plat\Revlews\KlntyrePreserve F1nalPWC2016-10.05.do Rnl1n- R Monk is an F� L.r r*%4 a rte . E=---' 1% � r� Consulting Engine s & Sirveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-mank.com September 2, 2016 City of Orono Attn: Mike Gaffron 2750 Kelley Parkway Orono, MN 55356 RE: Final Plat Application 16-3860 Kintyre Preserve Engineering Review #1 Dear Mike: As requested, we have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1.0 GENERAL: 1.1 The estimated costs of proposed improvements should be revised to include landscaping and invasive species management costs. In addition, the estimated costs may need to be updated due to revisions necessary to gain City approval. A final estimate of costs must be submitted in order to determine the total Letter of Credit (LOC) amount. The LOC must be written to 150% of cost of improvements and submitted prior to any land disturbing activities. 1.2 Final Details Plans should be included with the plan set to adequately detail all construction items. At a minimum, the Details should include the following: a. Siltfence b. Rock Construction Entrance c. Erosion Control Blanket d. Inlet Protection e. Biolog f. Riprap g. Catchbasin h. Flared End Section w/ Trashguard i. Pipe Bedding j. Curb and Gutter 1.3 The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 1.4 The applicant will be required to obtain a General Construction Permit (NPDES) to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit should be submitted prior to any land disturbing activity. 1.5 The Homeowners Association documents adequately define responsibility for the maintenance of stormwater management facilities being that of the Association. However, a Maintenance Plan should be included as an exhibit to the documents and should define types and frequencies of inspections and maintenance activities. Final Plat Application 16-3860 Kintyre Preserve Page 2 1.6 Record drawings must be submitted upon completion of the project. As -built survey shots on the pond must be obtained after construction sediment is removed and side slopes re -dressed. 2.0 STORMWATER MANAGEMENT PLAN: 2.1 A final Stormwater Management Plan matching improvements proposed must be submitted to verify plan meets all requirements. Per City requirements, proposed peak runoff rates for the 2, 10, and 100 year 24 hour precipitation events must be restricted to less than existing peak rates for the same events. Per NPDES requirements, any project that results in 1 acre or more new impervious surface at ultimate development must provide volume retention equal to I" runoff from the new impervious surfaces. All stormwater management facilities should be designed to accommodate ultimate development. 2.2 Per NPDES requirements, the proposed pond must provide 1,800 cf storage below the outlet for each acre draining to it. Calculations confirming sizing should be submitted. 2.3 The sump should be removed from the pond outlet control structure. The inlet pipe should flow backward to pond to allow for future maintenance. The proposed weir will control the normal water level. 3.0 FINAL PLAT: 3.1 Horizontal curves for streets with a design speed of 30 mph must provide a minimum 275' radius. Several curves within Outlot B do not meet the minimum requirement. The Plat should either be revised or variances would be required. 3.2 Drainage and Utility easements should be provided to cover all stormwater management facilities (i.e. storm sewer, swales, ditches, and ponds). Easements should be shown on Final Grading and Utility Plans in order to verify coverage. Easements may need to be adjusted in order to accommodate revisions necessary to gain City approval. 3.3 Standard Wetland Conservation and Flowage Easements should be provided over all wetlands. The Final Plat should indicate Drainage Easements only over wetlands and wetland buffers. 4.0 FINAL SITE PLAN: 4.1 The new driveway to Lot 5 should be installed at the same time Kintyre Lane is constructed, and the existing driveway should be removed. The new driveway location should be indicated on the plans. 4.2 Removal items not depicted on the other plans should be noted for demolition on this overall plan. These items include the construction access driveway, the portion of driveway removed that use to serve Lot 5, and various structures to be demolished. 5.0 FINAL GRADING PLAN: 5.1 The grading necessary to remove the existing driveway to Lot 5 should be indicated on the plan. Any existing culvert present should be removed, and the drainage way should be restored to pre - development conditions. 5.2 The swale alignment between Kintyre Lane and the pond should be revised as necessary to minimize impact to Wetland #3. A minimum 10' wide berm should be provided between the wetland edge and swale to minimize potential for changing wetland hydrology. Final Plat Application 16-3860 Kintyre Preserve Page 3 5.3 Proposed building pads do not fit topography in a few locations as follows: a. Lot 2 — a driveway over 12% would be required, existing topography slopes 18% across pad, and extensive retaining wall would be required. Further consideration should be given regarding mass grading of this lot and raising the pad elevations. b. Lot 3 — the proposed walkout elevation is 3' below the adjacent drainage swale bottom. Grading should be revised or the proposed pad elevation raised to minimize potential for runoff to be directed into the structure. 5.4 The grading around the pond should be revised to provide a minimum 1' freeboard from the 100 year high water level to the top of the berm. The bottom of the emergency overflow should be located at the 100 year high water elevation. 6.0 FINAL STREET PLAN: 6.1 Several horizontal curves do not meet the minimum 275' radius requirement for streets with a design speed of 30 mph. The three small curves near the connection to the existing street should be removed, and the radius of the curve at approximately station 5+00 should be increased slightly to the minimum. 6.2 The typical section for the shoulder in the rural section should be included on the plan. 6.3 Notes detailing procedure and schedule for connection of new street to existing Kintyre Lane should be included with plan. Bituminous pavement should be saw -cut for clean match lines. Enough existing curb and gutter should be removed to install 15' radii to the new alignment. Final extent of existing infrastructure removal shall be coordinated in field with City prior to any demolition. Notes should also include schedule for removal of Construction access. 7.0 FINAL UTILITY PLAN: 7.1 Inverts indicated for FES 1, CB2, and CB3 do not match proposed grading. It appears inverts should be adjusted approximately 6.0' up. 7.2 Inverts should be provided for draintile installed in filtration shelf to ensure system is correctly installed. Draintile should be extended to high water level on "dead-end" runs, and cleanouts installed at terminations to allow for maintenance. 7.3 Castings should be indicated on plan for inlets. Neenah casting R -3067-V is recommended. 7.4 Notes should be included to indicate that a 15" culvert must be installed at driveway connections to the street for those lots along the rural section when the house is constructed. 8.0 FINAL EROSION CONTROL PLAN: 8.1 Notes should indicate perimeter erosion control measures and protection fencing will be installed by Contractor and inspected by City prior to any demolition or land disturbance. Contractor must provide 24 hour notice prior to inspection. 8.2 Erosion control blanket should be installed on slopes of 3:1 and swales/ditches. Hatching should be indicated on the plan to ensure adequate coverage. 8.3 Turf reinforcement mat should be installed where the curb and gutter transitions to ditches in order to minimize potential for erosion. 8.4 Inlet protection should be installed on existing Kintyre Lane on the first inlets downstream from the project site. Final Plat Application 16-3860 Kintyre Preserve Page 4 9.0 FINAL LANDSCAPLE PLAN: 9.1 Locations of various seed mixes should be indicated with a legend and hatching to ensure areas of revegetation are adequately accounted for. 9.2 Invasive species management outlined in the Conservation Design Master Plan should be included on the plan. Locations of buckthorn and thistle management should be indicated with a legend and hatching to ensure areas of management are adequately accounted for. 9.3 The Notes should be revised to include procedures and schedule for de -compaction of soils under existing hard surfaces to be re-established with vegetation. De -compaction areas should be indicated on the plan. These areas include the construction access driveway, the portion of driveway removed that use to serve Lot 5, and the various structures demolished. 9.4 The turf grass should be removed from Outlot A and re -vegetated with a native mix. State seed mix 35-221 is recommended for a dry general prairie mix. If unmaintained turf grass is left in place, the likelihood of invasive species and noxious weeds taking root is greatly increased. 9.5 The portion of Outlot A of Tamarack Hill Addition not serving the adjacent property at 300 Stubbs Bay Road North could be re -vegetated with a native prairie seed mix. Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. � 64 Robert E. Bean, Jr., P.E. Water Resources Engineer (reserved for recording information) DEVELOPMENT CONTRACT (Developer and City Installed Improvements) Kintyre Preserve AGREEMENT dated _, 20 , by and between the CITY OF ORONO, a Minnesota municipal corporation (the "City"), and CHRISTOPHER W. BOLLIS and RACHEL A. BOLLIS, husband and wife (together, the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for KINTYRE PRESERVE" (referred to in this Contract as the "Plat"). The land to be subdivided by the Plat (the "Land") is situated in the City of Orono, County of Hennepin, State of Minnesota, and is legally described in the attached Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition that the Developer enter into this Contract and furnish the security required by it. The City will cause the Plat to be duly recorded in the office of the Registrar of Titles in and for Hennepin County, Minnesota, promptly after compliance by the Developer with all conditions precedent to such recording pursuant to this Contract, which conditions precedent the Developer shall cause to be satisfied within 180 days after the City Council approves the final Plat. 188905v1 1 3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary "security" (defined below) has been received by the City, and 3) the Plat has been duly recorded in the office of said Registrar of Titles. 4. PHASED DEVELOPMENT. N/A 5. PRELIMINARY PLAT STATUS. N/A 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendment to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Land unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract with respect to property which did not receive final plat approval prior to any such amendment. 7. DEVELOPMENT PLANS. The Land shall be developed in accordance with the following plans (collectively, the "Plans"). The Plans shall not be attached to this Contract. The erosion control plan may also be approved by Hennepin County Environmental Services and Minnehaha Creek Watershed District. If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans are: Plan A — Plat of Kintyre Preserve Plan B - Grading and Erosion Control Plan Plan C — Street and Utility Plan Plan D —Landscape Plan Plan E — Wetland Impact and Buffer Plan 188905v1 2 Plan F — SWPPP Plan Plan G — Conservation Design Report and Master Plan Plan H — Tree Preservation Plan Plan I — Stormwater Maintenance Plan S. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Plans (the "Improvements"): A. Site Grading, Ponding, and Erosion Control B. Setting of Iron Monuments C. Surveying and Staking D. Private Roadway E. Storm Sewers and Stormwater Management Facilities & Ponds F. Development Landscaping G. Underground Utilities The Improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the Improvements and before the 188905v1 3 "security" is released, the Developer shall supply the City with a complete set of reproducible "as constructed" Plans, and an electronic file of the "as constructed" Plans in an auto CAD file based upon the Hennepin County coordinate system, all prepared in accordance with City standards. Developer will install any required sidewalks and trails just prior to the installation of the final lift of asphalt. 9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.021 and the Orono City Code, the final placement of iron monuments for all lot corners must be completed before the "security" is released. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: • Hennepin County for County Road Access and Work in County Rights -of -Way • DNR for Dewatering • City of Orono for Building Permits • Minnehaha Creek Watershed District for erosion control permit and storm water management permit • NPDES Permits (National Pollutant Discharge Elimination Systems) issued by MPCA 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by December 31, 2017, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and September 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall 188905v1 4 be conditioned upon updating the "security" to reflect cost increases and the extended completion date. Final wear course placement must have the written approval of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with development of the Land. 14. EROSION CONTROL. Prior to initiating site grading, the storm water pollution prevention plan, and the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the "security" to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Land is in full compliance with the approved erosion control plan. 15. GRADING PLAN. The Land shall be graded in accordance with the approved grading and erosion control plan, Plan `B". The plan shall conform to City of Orono specifications. Within thirty 188905v1 5 (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion of all grading, provided the City Engineer has determined that adequate erosion control measures are in place. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, and ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and house pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill will have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction on the Land, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. Developer shall enter into and cause to be duly recorded in the office of said County Recorder a declaration of covenants, conditions, restrictions and easements (the "Declaration"), the form and substance of which shall be subject to City approval, governing, among other things, the maintenance and use of the private roadway on the Land to serve all Lots within the Land. The homeowners association covenants shall provide that the private road will be maintained to reasonable standards at all times by the homeowners association and that failure of the homeowners association to so maintain the private road will be cause for the City to accomplish the needed maintenance and to assess the benefited 188905v1 6 properties for the direct cost of such maintenance. Upon completion of the Improvements, the City shall inspect the Improvements and notify Developer if any of the Improvements do not conform to the requirements of this Contract. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed monthly. 19. ENGINEERING, OVERSIGHT, AND EROSION CONTROL ESCROW. Contemporaneously with the execution of this Agreement, the Developer shall deposit $10,000.00 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, engineering oversight, or legal consultant review) the City has incurred or will incur related to the Development and for all out-of-pocket costs the City has incurred or will incur to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work associated with this Agreement, if compliance with the terms of this Agreement are not accomplished. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Developer. The Developer shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In the event that the Developer does not make payment to the City within the timeframe outlined in this Section, the City may immediately draw from the escrow account without further approval of the Developer to reimburse the City for eligible expenses the City has incurred. If the 188905v1 7 balance of the escrow account is insufficient to reimburse the City its costs under this Section, the Developer will promptly reimburse the City any additional costs. If the eligible expenses incurred by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the Developer when the Development has been completed and written notification is received from the Developer requesting the funds. 20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee for six new two -acre lots at $7,680 per lot. $7,680.00 per lot x 6 lots = $46,080.00 21. PARK DEDICATION FEE. The Land is subject to the standard Park Dedication Fee requirement for the City of Orono. Payment for five new lots is appropriate, as the site contains two existing homes on two separate parcels. Because the value of each newly created lot in the Plat will be in excess of the threshold value of $69,375.00, the eight percent (8%) park fee cap of $5,550.00 per lot will apply; therefore, the Park Dedication Fee is calculated as follows: 5 lots x $5,550.00 per lot = $27,750.00 22. LANDSCAPING. All landscaping shall be installed in accordance with the approved landscape plan. Developer shall post a landscaping security (to be included in the Letter of Credit) at the time of final Plat approval to ensure that the landscaping is installed win accordance with the approved Plan. 23. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. Preliminary Plat Conditions Apply. Development of the Land is subject to implementation of and adherence to the findings and conditions listed in (1) Resolution No. 6536 approving the Preliminary Plat for Property Located at 200-350 Stubbs Bay Road North File No. 15-3763, adopted by 188905v1 8 the Orono City Council on September 14, 2015; (2) Engineering Reviews, dated September 2, 2016 and October 5, 2016, by Robert E. Bean, Jr., P.E., Bolton & Menk, Inc.; and (3) Resolution No. approving the Final Plat for Kintyre Preserve, adopted by the Orono City Council on , 2016. B. Conservation easements for the protection of wetlands, steep slopes, woodlands and open spaces must be established over all lots as shown on the Final Plat Inset A. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetland (the "Conservation Easement"), in recordable form, specifying the proposed conditions and limitations to be placed on the specific areas noted above. The easement shall incorporate as a minimum the following elements: no structures allowed, no fences, no domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for maintenance or as part of an approved vegetation management plan, no excavating or earth movement. Creation and maintenance of non -hardcover walking paths may be allowed. Permanent markers of a design and material acceptable to the City Planning Director shall be placed at all points where the conservation easement intersects a lot boundary or where the easement boundary line changes direction. The recording of the Plat and the Conservation Easement shall be conclusive evidence of the satisfaction of this special provision. C. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD") approval and permits as required. The City will not approve the Plat until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. D. The Developer shall establish a homeowners association with covenants providing that the homeowners association will be responsible for all future maintenance of the stormwater ponds and facilities within the Land. Developer will execute a Stormwater Maintenance Plan and an easement in favor of the City for inspection and maintenance of stormwater facilities. E. The Developer shall construct a private road on the Land to provide access to all lots. The private road may be designed to preserve existing vegetation, subject to the approval of the City 188905v1 9 Engineer. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed permanent road, drainage, and utilities easement, in recordable form, over the outlot containing the private road. F. All lots have been tested and found capable of providing suitable primary and alternate sites for on-site sewage treatment systems. For all lots, mound systems will be required. While in some lots the mound systems will encroach a required 75 -foot wetland buffer, all mound systems will maintain the required 50 foot setback from delineated wetland boundaries, with the exception of Lot 7, for which an alternate site must be provided that meets the 50 -foot setback. Special precautions, including but not limited to protective covenants as well as physical barriers during construction activity, must be taken to protect these sites on both a short-term and long-term basis, as municipal sewers are not projected to be extended to serve the Land. Before the City signs the Plat, the Developer shall furnish an appropriately executed Declaration of Restrictive Covenant for Protection of Sewage Treatment Sites, in recordable form. Developer shall also execute an Agreement Regarding Septic System, which phases out the use of the septic system serving Lot 5 which is partially located within Lot 4. G. All of the proposed lots must contain suitable area meeting all established setback requirements to allow the construction of single family residences. H. Prior to City Council approval of the final Plat, the Developer shall furnish a boundary survey of the Land with all property corner monumentation of the Land in place and marked with lath and a flag. Any encroachments on or adjacent to the Land shall be noted on the survey. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. I. The Developer shall pay to the city engineer the amounts incurred for the preparation of record construction drawings and City base map upgrading. I The Developer shall submit the final Plat in electronic format. The electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of the Plat on Mylar 188905v1 10 (one copy for the City's records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to 1" = 200'. 24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of the costs of all Improvements and construction of all Improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any required landscaping. The following is a summary of the security requirements due under this Contract, which must be in place at the time of final plat approval: Improvements (Letter of Credit) $448,442.00 Cash Escrow 10,000.00 Total Security $458,442.00 The bank shall be subject to the approval of the City Administrator. The City may draw down the security, upon five (5) business days' prior written notice to Developer, for any violation of the terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be retained as security until all Improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" Plans have been received by the City, a warranty security is provided, and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 188905v1 11 25. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval: Park Dedication Fee $27,750.00 Storm Water and Drainage Trunk Fee 46,080.00 Final Plat Fee 700.00 Total Cash Requirements & Fees 74 530.00 26. WARRANTY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council as documented in official City minutes. The Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance Security") in an amount reasonably determined by the City Engineer. The City Engineer shall examine the condition of the Improvements when determining the amount of the Maintenance Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 27. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Land, including but not limited to Hennepin County Environmental Services and Minnehaha Creek Watershed District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Land. 188905v1 12 B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Land. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the Land, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction of the Land until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance or via other agencies for which City acts as agent may be imposed such as, but not limited to, sewer access charges ("SAC"), City water access charges and building permit fees. 28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the Developer or any successor in interest to the Developer. 188905v1 13 29. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work on the Land until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. Contract. B. Third parties shall have no recourse against the City or Developer under this C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those for lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. E. Grading and one lift of asphalt shall be installed on all streets prior to issuance of any building permits. F. If building permits are issued prior to the completion of all Improvements, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. 188905v1 14 H. This Contract shall run with the Land and may be recorded against the Land. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the Land; that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request, the City shall provide, in recordable form, a release of any lot in the Plat from this Development Contract if the City determines that the terms and conditions of this Contract have been satisfied. K. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls required to be constructed by the Plans, or special conditions referred to in this Contract, shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. L. Developer shall be responsible for all snow removal from vacant lots to the extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding nuisances. 188905v1 15 30. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which notices to such party thereafter shall be given, by providing to the other party notice of such change. CITY OF ORONO Lili Tod McMillan, Mayor (SEAL) Jessica Loftus, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Lili Tod McMillan and by Jessica Loftus, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DEVELOPER Christopher W. Bollis Rachel A. Bollis STATE OF MINNESOTA ) 188905v1 16 ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 12016, by Christopher W. Bollis and Rachel A. Bollis, husband and wife. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 Notary Public EXHIBIT A TO DEVELOPMENT CONTRACT Parcel 1: Part of the West 1/2 of the Southeast 1/4 of Section 32, Township 118, Range 23 as follows: Beginning at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 118, Range 23; thence East 13 1/3 rods; thence North 12 rods; thence West 13 1/3 rods; thence North 30 rods; thence East 80 rods to the East line of said Northwest 1/4 of the Southeast 1/4; thence South 42 rods; thence West to a point 14 1/3 rods east of point of beginning, thence South 1 rod; thence West 14 1/3 rods; thence north 1 rod to point of beginning. Abstract Property. Parcel 2: Lot 2, Block 1, Tamarack Hill, Hennepin County, Minnesota. Abstract Property. 188905v1 17 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT Christopher W. Bollis and Rachel A. Bollis, husband and wife, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this day of , 2016. Christopher W. Bollis Rachel A. Bollis STATE OF MINNESOTA ) (SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Christopher W. Bollis and Rachel A. Bollis, husband and wife. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 188905v1 18 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT Christopher J. Bollis and Gail M. Bollis, husband and wife, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this day of , 2016. Christopher J. Bollis Gail M. Bollis STATE OF MINNESOTA ) (SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Christopher J. Bollis and Gail M. Bollis, husband and wife. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 188905v1 19 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT Wells Fargo Bank, N.A., which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 920. Wells Fargo Bank, N.A. IM STATE OF MINNESOTA ) ( ss. COUNTY OF ) Its The foregoing instrument was acknowledged before me this 20 —5 by the Bank, N.A., on its behalf. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 188905v1 20 day of , of Wells Fargo MORTGAGE CONSENT TO DEVELOPMENT CONTRACT Tradition Capital Bank, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 920. Tradition Capital Bank M. STATE OF MINNESOTA ) ( ss. COUNTY OF ) Its The foregoing instrument was acknowledged before me this 205 by the Capital Bank, on its behalf. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 188905v1 21 day of , of Tradition IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Sir or Madam: We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 , of (Name of Bank) "• b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying that is in default of the Development Contract with the City of Orono and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Orono City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. This agreement shall be construed and interpreted under Minnesota Law. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. M Its 188905v1 22 CERTIFICATE OF INSURANCE LIABILITY & WORKERS' COMPENSATION This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PROJECT: CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Orono ADDRESS: ARCH/ENGR: INSURED: ADDRESS: AGENT: ADDRESS: WORKERS' COMPENSATION COVERAGE POLICY # EFFECTIVE DATE INSURANCE COMPANY: COVERAGE -Workers' Compensation, Statutory. Employers' Liability Limit $ Each Accident $ Disease Policy Limit $ ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY EXPIRATION DATE Disease Employee Limit POLICY # EFFECTIVE DATE / / EXPIRATION DATE INSURANCE COMPANY: ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective LIMITS: General Aggregate Limit (Other Than Products -Completed Operations) $ Products -Completed Operations Aggregate Limit $ Personal & Advertising Injury Limit $ Each Occurrence $ 188905v1 23 ( ) Other COVERAGE PROVIDED Operations of Contractor: Yes Operations of Sub -Contractor (Contingent): Yes, Does Personal Injury Include Property Damage Liability Includes Claims Related to Employment: Yes Completed Operations/Products: Yes, Contractual Liability (Broad Form): Yes EXCEPTIONS: Damage Due to Collapse No Government Immunity is Waived Yes No No Property Damage Liability Includes Damage Due to Blasting Yes No No Damage Due to Collapse Yes No No Damage To Underground Facilities Yes No No Broad Form Property Damage Yes No. AUTOMOBILE LIABILITY POLICY # EFFECTIVE DATE: / / EXPIRATION DATE: INSURANCE COMPANY: ( )Any Auto ( )All Owned Autos ( )Hired Autos ( )Non -Owned Autos LIMITS: ( )Scheduled Autos Bodily Injury $ Each Person / $ Each Occurrence OR Combined Single Limit $ Property Damage $ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY # EFFECTIVE DATE:—/—/ EXPIRATION DATE: / INSURANCE COMPANY LIMITS: Single Limit Bodily Injury and Property Damage $ Each Occurrence $ Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes No Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes No If So, List Amount $ AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes No Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days notice to the parties to whom this certificate is issued. Dated at: MN License # Authorized Insurance Representative On: 188905v1 24 IM DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS THIS DECLARATION IS EXEMPT FROM THE PROVISIONS OF THE MINNESOTA COMMON INTEREST OWNERSHIP ACT, MINNESOTA STATUTES CHAPTER 51513, PURUSANT TO MINNESOTA STATUTES 515B.1 -102(e)(2). This Declaration of Covenants, Conditions, Restrictions and Easements (this "Declaration") is made in the County of Hennepin, State of Minnesota, on this day of , 2016 by (individually and collectively, "Declarant"). R arital e A. Declarant is the owner of certain real property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto (collectively, the "Property"); and B. Declarant, desires to subdivide the Property into residential lots and outlots pursuant to the plat of Kintyre Preserve (the "Plat"); and C. Declarant wishes to impose upon and subject the Property to certain covenants, conditions, restrictions and easements for the benefit of the Property and all present and future Owners of any part thereof. Agreement SECTION 1NOW, THEREFORE, in consideration of the facts stated above, Declarant hereby makes this Declaration and submits the Property to the covenants, conditions, restrictions and easements set forth below, hereby declaring that this Declaration shall constitute covenants running with the land, and declaring that the Property and each portion thereof shall be owned, used, occupied and conveyed subject to the covenants, conditions, restrictions, easements, charges and liens set forth below, all of which shall be binding upon each Person owning or acquiring any right, title or interest therein, and their respective heirs, personal representatives, successors and assigns. DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.1 "Assessments" means and refer to all assessments levied by the Association pursuant to Section 6 of this Declaration, including annual, special and limited allocation assessments. 1.2 "Association" means the Kintyre Preserve Homeowners Association, a nonprofit corporation incorporated and governed pursuant to Chapter 317A of the laws of the State of Minnesota, whose members consist of all Owners as defined herein. 1 188927v1 1.3 "Board" means the Board of Directors of the Association as provided for in the Bylaws. 1.4 "Bylaws" means the Bylaws governing the operation of the Association, as amended from time to time. 1.5 "Common Area" means Outlot B identified on the Plat and all other parts of the Property hereafter conveyed to the Association or otherwise owned by the Association and made a part of the Common Area, but Common Area does not include Outlot A. 1.6 "Common Expenses" means and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in this Declaration or Bylaws. 1.7 "Eligible Mortgagee" means any Person owning a mortgage on any Lot, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Lot, and which has requested the Association, in writing, to notify it as set forth herein. 1.8 "Governing Documents" means this Declaration, and the Articles of Incorporation and Bylaws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. 1.9 "Lot" means each separate legal lot identified on the Plat (excluding the Common Area) as the Plat may be amended, revised, or further replatted from time to time, provided that the Lots shall only include portions of the Property. 1.10 "Member" means all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.11 "Occupant" means any person or persons, other than an Owner, in possession of a Lot. 1.12 "Outlot All has the meaning assigned to it in Section 13.8 below. 1.13 "Owner" means a Person who owns a Lot, but excluding contract for deed vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. If more than one Person constitutes the Owner of a Lot, all such persons shall decide between or among themselves how to vote in any vote of the Owners of the Lots as further set forth in the Bylaws, and the Owner of each Lot shall be entitled to only one vote for each Lot owned by that Owner. 1.14 "Person" means a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real property. 1.15 "Plat" has the meaning assigned to it in the Recitals set forth above. 1.16 "Property" shall have the meaning assigned to it in the Recitals set forth above. 2 188927v1 1.17 "Retention Pond" means that retention pond that is depicted on the Plat. 1.18 "Review Committee" has the meaning assigned to it in Section 8.1 below. 1.19 "Roadway" means the roadway and other improvements now or hereafter located on Outlot B identified on the Plat. 1.20 "Rules and Regulations" means the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.4. 1.21 "Significant Tree" means a healthy deciduous tree measuring at least five inches in diameter, or a heathy coniferous tree measuring at least four inches in diameter measured in caliper inches four feet above the ground. SECTION 2 LOT USES 2.1 Residential Use. Each Lot shall be used solely and exclusively for residential purposes. No building may be erected, altered, placed or permitted to remain on any Lot except the following, if and to the extent permitted by applicable law and the Review Committee: a single dwelling house, designed for the accommodation of one family; one or more garages; a pool house incident to an in -ground swimming pool on a Lot; a gazebo; and any other building incident to the residential use of the Lot. No above -ground swimming pool, except small, movable children's wading pools, shall be placed or constructed on any Lot. No sign of any kind shall be placed or kept on any Lot if such sign is visible from any other Lot, from the Common Area, or from any road or any other location outside of the Property, except only (i) a sign not exceeding one (1) square foot in area, indicating the address and/or name of the Owner of the Lot, (ii) a "for sale" sign of a size and dimensions not exceeding those customary in the Minneapolis -St. Paul metropolitan area for residential real estate "for sale" signs except as otherwise approved by the Review Committee, and (iii) proper to the construction of a dwelling on a Lot and the conveyance of the Lot and dwelling to the initial occupant(s) of the dwelling signs of which the size, shape, color and message have been approved by the Review Committee, advertising the Lot for sale, advertising the dwelling as a model home, and/or specifying the name of the builder constructing the dwelling. Except as otherwise provided by applicable law, no satellite dish, antenna or similar equipment or apparatus that is visible beyond the boundary of a Lot shall be located or installed on the Lot. 2.2 Maintenance. Each Lot and all improvements thereon shall be maintained by the Owner thereof in good order and repair, in accordance with all applicable laws, ordinances, rules, and regulations and any standards established from time to time by the Review Committee. 2.3 Parking. No vehicle shall be parked on any street or road right-of-way adjacent to the Lot. 2.4 Ownership of Common Area. The Common Area shall be owned at all times by the Association. 3 188927v1 2.5 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. SECTION 3 EASEMENTS, SETBACKS AND COVENANTS 3.1 Utility and Drainage Easements. Easements for installation and maintenance of utilities and drainage facilities have been dedicated as shown on the Plat. Within these easements, no structure, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction or flow of water through drainage channels within the area of these easements. The Owner of a Lot shall maintain the easement sites on the Lot and all improvements within it, except for those improvements for which a public authority or utility company may be responsible. Each Lot shall be subject to and shall be the beneficiary of perpetual appurtenant easements for all services and utilities servicing the Lots and the Common Area, and for maintenance, repair and replacement as described this Declaration. 3.2 Setbacks. The setback requirements for the dwelling house and any other building on each Lot shall be the setback requirements of the City, except as otherwise set forth below. 3.3 Roadway Easements. Declarant hereby declares and creates: (a) a perpetual, non- exclusive easement over the Roadway, for the benefit of all Owners, Occupants, and their guests, agents, and invitees for access over and across the Roadway; and (b) a perpetual, non-exclusive easement over the Roadwayfor the benefit of the City, for (i) ingress, egress and access; (ii) road, drainage and utilities purposes and uses, including the right to construct and maintain the same, including but not limited to a full and free right and authority to enter upon the Roadway to construct install, maintain, operate and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road, and any and all appurtenances, including drainage control structures, incidental and related thereto; and (iii) ingress and egress over the Roadwayfor inspection by the City of any portion of the Property, animal control, snow removal, maintenance, repair and replacement of the Roadway and the storm water drainage facilities on the Property, and exercise of any rights or remedies granted to the City by this Declaration. 3.4 Roadway Maintenance. The Roadwayis not a publicly dedicated roadway, and the City of Orono has no obligation to maintain or service the Roadway. The Association shall assume and agree to pay the total costs for maintaining, repairing, altering and reconstructing, if necessary, the Roadwayand all improvements located thereon or thereunder so as to fully comply with the ordinances of the City of Orono in regard to private roads, provided that such costs shall be included in the calculation of Common Expenses. Should the Association fail to maintain the Roadway, the City may, at its option, maintain the Roadway and assess the cost of maintenance against the Lots. 4 188927v1 3.5 Easements to Retention Pond. In addition to the rights granted pursuant to Section 3.1 above, all Owners that own any portion of the Retention Pond or that own land that lies between an Owner's Lot and the Retention Pond or between the Roadway and the Retention Pond hereby grant to the other Owners the right to drain over such Owner's Lot or the Roadway into the Retention Pond any storm water or runoff that may from time to time collect on an Owner's Lot, and hereby grant such Owners and the Association with an casement right over those portions of the Owner's Lot that are needed to drain into the Retention Pond from such Owner's Lot or from the Roadway. An Owner may redirect the flow of overland water that runs over such Owner's Lot as such Owner sees fit so long as such redirection does not hinder or prevent the flow of water from another Owner's Lot or the Roadway into the Retention Pond. The Association shall assume and agree to pay the total costs for maintaining, repairing, altering and reconstructing the Retention Pond, if any, and each Owner grants the Association with all easement rights that are needed in order for the Association or the City of Orono to maintain, repair, alter, reconstruct or replace the Retention Pond. 3.6 Flowage and Conservation Easement. Declarant hereby grants to the City a permanent easement for wetland flowage and conservation purposes, with right and privilege to trespass with water, over, under, on and across those portions of the Property shown on the Plat as "WET LAND" OR "WETLAND" ("Wetlands"), on the terms set forth below. Unless permitted by the Minnesota Wetland Conservation Act and otherwise approved by the City in writing, the following activities shall be prohibited in the Wetlands: (i) constructing, installing or maintaining any building, structure, walkway, fence, retaining wall, fireplace, playground equipment, road, hardcover, underground utility lines or distribution equipment, light pole, mailbox or traffic signal or regulatory sign, except (A) feeders, bird houses and other devices intended to foster wildlife, and (B) retaining walls, docks and boardwalks allowed by City ordinance and subject to a valid City permit; (ii) cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except (A) to control tree disease or to remove brush, diseased or dead trees of any size and any buckthorn and noxious weeds, (B) pursuant to an approved vegetation management plan or pursuant to direction by or special permit from a governmental agency, and (C) in order to maintain, repair or reconstruct any stormwater pond or facilities; (iii) excavation, filling or material alteration of grade, size, depth or contour, and dredging, mining or removal of earth, loam, peat, gravel, soil or other natural material, except in order to maintain, repair or reconstruct any stormwater pond or facilities; (iv) free roaming of any domestic animal; (v) deposit of water, yard waste or debris; (vi) activity detrimental to the screening of neighboring properties; (vi) application of natural or chemical fertilizer; (vii) application of chemicals to destroy or retard vegetation; (viii) application of herbicide, pesticide or insecticide, except for noxious weed control by or as directed by a governmental agency; (ix) outside storage of any kind; and (x) activities detrimental to the preservation of the scenic beauty of, and vegetation and wildlife in, the Wetlands. The City also shall have the right to enter onto the Wetlands at any time to preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation, and to enforce compliance with the provisions of this Section. Declarant hereby remises, releases, acquits and forever discharges, forever, the City and any and all 5 188927v1 of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Premises within the terms of this Declaration. This 3.6 Flowage and Conservation Easement may be amended, modified, or terminated in part or in whole by written consent of the City, or its respective successors and assigns. 3.7 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 3.8 Easements are Appurtenant. All easements and similar rights burdening or benefitting a Lot or any other part of the Property shall be appurtenant thereto, and shall be permanent. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 3.9 Impairment Prohibited. No person shall materially restrict or impair any easement benefitting or burdening the Property; subject to the Declaration and the right of the Association to establish and enforce reasonable Rules and Regulations governing the use of the Property. 3.10 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Lot, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Lots for the purposes of maintenance, repair, replacement and reconstruction of the Common Area and other utilities serving the Lots, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 3.11 Assignment. The easements granted in this Declaration may not be assigned to any other party, provided that the City of Orono may assign its rights under this Declaration to any subdivision of the government of the City of Orono. 3.12 Stormwater Maintenance Covenant. The Owners shall pay an equal share for all costs to maintain and repair the stormwater management facilities set forth on the Plat. Maintenance shall include all necessary maintenance required to keep the stormwater management facilities functioning as designed, and all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the "City Code") and the Stormwater Maintenance Plan adopted in conjunction with the Plat. All maintenance shall be conducted by the Association or its contractors, at the Owners' expense. 3.13 Covenants for Drainfield Protection. Each Lot has a primary and an alternate conforming septic system drain field site located thereon ("Drainfield Sites"), which locations have been approved by the City of Orono, Minnesota (the "City"), which may be the only two feasible Drainfield Sites on the Lot. The Drainfield Sites identified by Developer and approved by the City as of the date of this Declaration are shown on Exhibit `B" attached hereto and made a part hereof by reference. Neither of the 6 188927v1 Drainfield Sites on a Lot shall be disturbed before, during or after construction and subsequent occupancy of a dwelling on the Lot, regardless whether the Drainfield Site is in use. The existing natural topsoil on each Drainfield Site shall remain in place and shall not be subject to any traffic which will cause even slight compaction. To protect Drainfield Sites from inadvertent damage or destruction, no Owner shall permit any car, truck, or earth moving equipment to enter upon the Lot of any other Owner, and no Owner shall construct any driveway, erect any building, or permit earth moving equipment on the Owner's Lot without first: (a) erecting a clearly visible fence prior to commencement of construction, twenty (20) feet outside the boundary of each of such Owner's Drainfield Sites, along that part or those parts of the Drainfield Site(s) that is between the Drainfield Site(s) and all areas which are accessible to earth moving equipment; and (b) erecting a clearly visible fence during construction along that part of the Lot line that is between an adjacent Lot's Drainfield Site(s) and the areas on the Lot which are accessible to earth moving equipment. 3.14 Applicability. The covenants and restrictions contained in this Section shall bind each Owner of a Lot and shall inure to the benefit of and be enforceable by the City of Orono, Minnesota, and the Owner of any other Lot, and their respective legal representatives, heirs, successors and assigns. The covenants and restrictions in this Section shall be perpetual, and considered exempt from the thirty (30) year durational limit set forth in Minnesota Statutes Section 500.20 (2015) as may be amended from time to time. SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association and the allocation to each Lot of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Lot ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Lot. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Lot, all such Persons shall be members of the Association, but multiple ownership of a Lot shall not increase the voting rights allocated to such Lot nor authorize the division of the voting rights. Each Lot is entitled to one (1) vote. 4.2 Voting and Common Expenses. Voting rights shall be allocated equally among the Lots. Common Expense obligations shall be divided so that each Lot is allocated and responsible for a proportionate share, which shall be fraction, the numerator of which is one and the denominator of which is the number of Lots at any one time. Notwithstanding the foregoing, if at any time an Owner owns two Lots and has only 7 188927v1 constructed one single family house on the Lots, the Lots shall be deemed only one Lot for purposes of calculating the Owner's share of Common Expenses. 4.3 Appurtenant Rights and Obligations. The ownership of a Lot shall include the voting rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Lots, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents. 4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Lot at meetings of the Association; provided, that if there are multiple Owners of a Lot, only the Owner or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully described in the Bylaws. SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents and the Rules and Regulations. The Association shall, subject to the rights of the Owners set forth in the Governing Documents, be responsible for the maintenance, repair, and replacement of the Roadway and all other improvements located in, on, or under the Common Area. The Association shall have all powers described in the Governing Documents, and the statute under which it is incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents. All references to the Association means the Association acting through the Board unless specifically stated to the contrary. 5.2 Binding Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties. 5.3 Bylaws. The Association shall have Bylaws. The Bylaws and any amendments thereto shall govern the operation and administration of the Association, and shall be binding on all Owners and Occupants. 5.4 Rules and Regulations. The Owners shall have exclusive authority, upon the affirmative vote of at least 75% of the Owners of all Lots, to approve and implement such reasonable Rules and Regulations as they deem necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Common Area and the Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents. The inclusion in other parts of the 8 188927v1 Governing Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. 5.5 Association Assets; Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. SECTION 6 NUISANCES 6.1 Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything by done thereon which may be or become an annoyance or nuisance to the Owner or occupant of any other Lot. SECTION 7 GARBAGE AND REFUSE; OUTDOOR STORAGE 7.1 Rubbish, Trash and Garbage. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, rubbish, brush, cuttings and other waste shall be kept only in sanitary containers shielded from view, in a manner approved in writing by the Review Committee, from roads, easements, other Lots and any other portions of the Property. SECTION 8 DESIGN REVIEW 8.1 Design Review Committee. No building, structure or other improvement to a Lot may be erected, placed, altered, expanded or occupied on any Lot, nor shall site grading, landscaping or preparation of a Lot occur, until the building plans and specifications and site plan showing the location of such building or other structure or improvement or alteration or expansion thereof, and/or the landscaping plan, have been approved by the Design Review Committee (the "Review Committee"). The Review Committee shall initially be composed of Chris Bollis, Sr., Gail Bollis, and Chris Bollis, Jr., unless and until Declarant designate a different member by written notice to the Owner of each of the Lots. Thereafter, whenever Declarant ceases to own any of the Lots, the Review Committee shall be composed of the Directors of the Association, or three persons designated by the Directors of the Association. In the event of the death or resignation of any member of the Review Committee, the remaining member or members shall have the authority to act as the Review Committee until a substitute Director of the Association, or a substitute person designated by the Directors of the Association, is elected or appointed, as the case may be. The Review Committee shall meet as frequently as necessary, upon reasonable notice to the Owners and members of the Review Committee. All decisions of the Review Committee shall be by majority rule. The Review Committee shall not unreasonably withhold, condition, or delay its approval of any application or request by an Owner. 9 188927v1 8.2 Objectives. The objectives of the Review Committee shall include, among others, the following: a. To promote long-term community quality by encouraging construction on the Lots of only single-family homes and related improvements of appropriate architectural style and exterior design; b. To protect and preserve the character and nature of the Property, including its landscape, pleasing views and natural characteristics; C. To promote the use of only quality exterior materials and finishes, or a color and applied in a manner that enhance the appeal and compatibility of the residential community within the Property; d. To promote adequate and reasonable development of the Property, appropriate to the type of homes to be constructed thereon; e. To promote the erection of buildings appropriately located on the Lots, to foster and preserve a harmonious appearance and function and to preserve the quality of views from other Lots; f. To enforce compliance with all terms, general and specific standards, and other use restrictions contained herein or in any other document duly recorded which affects title to any part of the Property; g. To promote compatibility of alterations made to any dwelling or other improvements on a Lot with the existing dwellings and other improvements on the other Lots; and h. To promote compatibility of landscaping on Lots in order to achieve a harmonious viewscape from other Lots and to preserve and enhance the aesthetic quality of the Property. 8.3 Review Process. Design review by the Review Committee shall include but not be limited to (a) site grading and landscaping plans; (b) location of all buildings and other improvements; (c) height and mass of buildings in relation to other houses on Lots and the general topography of the Property; (d) exterior finish materials; and (e) location, composition, size, color and design of any and all fencing. Prior to commencement of construction or site grading on any Lot, the Owner of the Lot shall submit to the Review Committee: a site plan of the Lot, showing existing grades, Lot lines, setback lines, proposed location of each building, and the location, length and width of all driveways, fences, sidewalks and patios; a site grading and tree clearing plan, which shall identify all tree protection and Drainfield Sites protection measures and all installations of silt fences; two (2) sets of construction plans for the building(s), including interior floor plans, renderings of all exterior elevations, and an identification of the character, quality and color and, if available, the manufacturer, of all exterior materials and finishes; renderings of any proposed fences and/or retaining wall improvements; a tree survey of the Lot to be improved, showing the size, species and location of all Significant Trees on the Lot that 10 188927v1 are proposed to be removed from or relocated on the Lot. If within twenty-one (21) calendar days after all of said materials have been submitted to it, the Review Committee or its designated representative neither disapproves such alteration or improvement nor approves the same subject to one or more conditions, and in any event if no suit to enjoin the making of such alterations or improvements has been commenced prior to the completion thereof, such approval(s) will be deemed granted, further evidence thereof will not be required, and this covenant shall be deemed to have been fully performed. 8.4 Landscaping. No vegetation on a Lot shall be altered, except pursuant to a landscaping plan submitted to an approved by the Review Committee. Prior to commencement of any grading, tree removal or other landscape alteration beyond any such activity within the approved building area for a dwelling, and in any event not later than the earlier to occur of the date of first occupancy or ninety (90) days completion of construction of the dwelling on a Lot, the Owner of the Lot shall submit for review by the Review Committee two sets of a proposed landscape plan for the Lot, identifying all plantings, maintained yard areas, gardens, areas of proposed non -maintained natural ground covet, proposed tree clearing, replacement Significant Trees for landscape or view purposes. If, within twenty-one (21) calendar days after its receipt of the proposed landscape plan complying with the requirements of this Section, the Review Committee or its designated representative neither disapproves such landscape plan nor approves the same subject to one or more conditions, approval of the landscape plan will be deemed granted, further evidence thereof will not be required an this covenant shall be deemed to have been fully performed. The Review Committee, in its review of landscape plans, shall discourage the removal of any Significant Tree on a Lot, unless such tree is diseased or within the site of the approved improvements to be made to the Lot, in which case the Review Committee may require that each such tree be replaced on the Lot by two trees of a size and species acceptable to the Review Committee. The Review Committee, in reviewing and approving landscape plans for Lots, shall have as one of its objectives to ensure that the landscaping on all of the Lots is harmonious with the landscaping on the other Lots. 8.5 Subsequent Improvements. After initial occupancy of the dwelling constructed on a Lot, no exterior improvement or construction which has not previously been approved pursuant to this Articles shall be commenced, and no building, other structure or improvement to a Lot shall be altered on the exterior (excluding normal staining or repainting of a similar color), nor any substantial landscape work done on any Lot, unless the approvals required by this Article have been obtained. Notwithstanding the foregoing, in the event of a casualty to any improvements on a Lot, which improvements were approved pursuant to this Article, the Owner of the Lot shall be entitled to rebuild those improvements, without change from the original approved plans, without again obtaining approval by the Review Committee. 8.6 Other Specific Standards. To provide guidance to Owners, Declarant hereby provides the following additional design review standards which shall be enforced by the Review Committee: a. Materials. To exterior walls of all buildings on a Lot shall be constructed of any of the following materials, of a quality and applied in a manner acceptable to the 11 188927v1 Review Committee: brick, stucco, natural stone, cedar shake, cedar siding, redwood siding, or other material approved by the Review Committee. Consistent application, on all elevations of the proposed dwelling, of corner boards, window and door trim, shutters, frieze boards and moldings are encouraged, and may be required whenever visible from any other Lot. All roof vents, plumbing stacks and flashing should closely match the color of surrounding materials. Driveways shall be paved, with asphalt, concrete or pavers. Approval of colors by the Review Committee shall be in its reasonable discretion. Exterior colors approved by the Review Committee may not be changed without the same approval. b. Individual Sewage Treatment Systems. Individual sewage treatment systems shall be built into the existing contour of the Lot, and landscaped to mask the appearance of a "mound." Any access portals or pipes used to pump out underground holding tanks shall be installed not more than two inches above ground level, and shall be capped in a manner consistent with best industry practices. C. Landscape Plans. Generally, landscape plans shall contemplate turf shrubs, trees and flower gardens, to be maintained by the Owner of the Lot. Landscape plans providing for non -maintained areas may be permitted only in areas of heavy tree cover. Landscape plans which include plantings of native grasses, wildflowers and/or other plantings intended to create a low maintenance landscape of natural appearance, may be permitted only when the same will be professionally designed, installed and maintained to maturity and where the same are appropriate to neighboring landscape. SECTION 9 COMMON EXPENSES 9.1 Common Area. The costs of maintaining, repairing and replacing the Common Area, and the Roadwayand any other improvements on the Common Area, and the costs incurred by the Association in otherwise performing its obligations under this Declaration, shall be Common Expenses. 9.2 Other Common Expenses. The following shall also be Common Expenses: a. The costs of maintaining, repairing and replacing, and paying the cost of electricity used by, any and all street lights, if any, within the Property that are not otherwise owned by an Owner, including all street lights located on the Common Area, to the extent not maintained by the City or the County; b. Any real estate taxes and special assessments levied against the Common Area; C. The costs of maintaining the Retention Pond and all other storm water ponds and other storm water management facilities now or hereafter constructed on the Property; and 12 188927v1 d. The costs of maintaining and complying with the ecological restoration and management program for the Property prosed by Declarant and approved by the City, as the same hereafter may be amended from time to time within the City's approval. SECTION 10 ASSESSMENTS 10.1 Creation of Lien and Personal Obligation of Owners. Each Owner, by accepting any deed or other instrument of conveyance to a Lot, whether or not it shall be so expressed in such deed or other instrument, is deemed to covenant and agree to pay to the Association general annual assessments or charges, and special assessments for capital improvements and other Common Expenses which are incurred less frequently than annually by the Owners such assessments to be established and collected as hereinafter provided. All annual and special assessments assessed against a Lot, together with interest, collection costs and reasonable attorney's fees, shall be a lien on the Lot, in favor of the Association, from the due date of such assessment until paid in full. Each such assessment, together with interest, collection costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of the Lot as of the due date of the assessment, and if more than one person is the Owner of the Lot, each such person shall be jointly and severally liable therefor. Such assessments shall be fixed, established and collected by the Association from time to time in the manner provided in this Article. 10.2 Purposes of Assessments. The assessments levied against the Lots shall be used exclusively to improve and maintain the Common Area, to maintain and repair any amenities located within the Common Area, and to pay other Common Expenses. 10.3 Annual Assessment. The Association shall fix the amount annual assessments and the dates and methods of payment. 10.4 Special Assessment for Capital Improvements. Special Assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement shall be levied only with the assent of the Owners of a majority of the Lots. 10.5 Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all Lots, and may be collected on a monthly, quarterly or annual basis, as determined from time to time by the Association. 10.6 Effect of Nonpayment of Assessments. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid, at a rate equal to the lesser of the highest rate permitted by law, or ten percent (10%) per annum. The Association may bring an action at law against an Owner who has not timely paid an assessment for which such Owner is personally obligated (a "Defaulting Owner"), and/or foreclose the lien against the Lot owned by the Defaulting Owner, to collect any assessment owed by the Defaulting Owner. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or 13 188927v1 abandonment of a Lot. A suit to recover a money judgment for unpaid assessments and expenses hereunder may be maintained without foreclosing or waiving the lien securing the same. 10.7 Lien for Assessments. All sums assessed to any Lot pursuant to this Article, together with interest thereon and other costs as provided herein, shall be secured by a lien thereon in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot except only for liens for general and special taxes, and the lien of any first mortgage on a Lot. All other Persons acquiring a lien on any Lot shall be deemed to have consented that such Person's lien shall be inferior to future liens for assessments as provided herein, whether or not such consent be specifically set forth in the instrument creating such lien. To evidence a lien for sums assessed pursuant to this article, the Association may prepare a written notice of lien, setting forth the amount of the assessment, the due date, the amount remaining unpaid, the name of the Defaulting Owner and a description of the Lot, and record the same in the office of the County Recorder in and for Hennepin County, Minnesota. Such lien may be enforced by judicial foreclosure or by foreclosure by advertisement, in the same manner in which mortgages on real property may be foreclosed in Minnesota, and each current and future Owner, by becoming an Owner, hereby grants to the Association a power of sale, to enable the Association to enforce the lien hereby created by non judicial proceedings. In any such foreclosure, the Defaulting Owner shall be required to pay the costs and expenses of the Association in collecting the assessments and/or enforcing the lien, all of which shall be secured by the lien being foreclosed. In order to cause the Association to discontinue any foreclosure or any other proceedings to collect any assessment and/or to enforce any lien granted pursuant to this Declaration, the Defaulting Owner shall be obligated to pay all assessments against such Owner's Lot which shall become due as of the date of such payment, and all costs and expenses incurred by the Association in collecting the assessments and/or enforcing such lien, including reasonable attorney's fees. A release of notice of lien shall be executed by the Association in recordable form, and may be recorded at the Defaulting Owner's expense, upon payment of all sums secured by a lien which has been the subject of a recorded notice of lien. The Association, upon written request, shall report to any Person with a valid lien on or interest in a Lot, any assessments remaining unpaid for longer than ninety (90) days after the same shall have become due. 10.8 Continued Liability. The sale or other transfer of a Lot shall not extinguish or otherwise impair the assessment lien, nor extinguish or impair the personal obligation of the selling Owner for any delinquent assessment and interest, costs and expenses, until the same shall have been paid in full. Notwithstanding the foregoing, the personal liability of any Owner to pay assessments and any related interest, costs and expenses shall apply only as to any such assessments, interest, costs and expenses which were due when the Owner became the Owner of the Lot or which become due thereafter, but prior to the date on which the Owner ceased to be the Owner of the Lot. 14 188927v1 10.9 Governmental Assessments. In the event that the Association fails to perform any of its obligations pursuant to this Declaration and such obligations were imposed by or for the benefit of the City, the County, or any other governmental or quasi -governmental entity, such governmental or quasi -governmental entity shall be entitled to pay and perform the obligations of the Association in connection therewith and to levy, impose, enforce and collect the costs so paid or incurred by such entity by an equal assessment on each of the Lots, to the fullest extent permitted by law. SECTION 11 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Governing Documents, the Rules and Regulations, and such amendments thereto as may be made from time to time, and the decisions of the Association. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents. 11.1 Entitlement to Relief. In addition to the rights set forth in Section 10 above, the Association may commence legal action to recover sums due, for damages, or for injunctive relief, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take or omit other action in violation of the Governing Documents, or the Rules and Regulations, as a measure to enforce such Owner's position, or for any other reason. 11.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their family or guests, who violate the provisions of the Governing Documents, or the Rules and Regulations: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges, fines, penalties or other charges in any reasonable amount for each violation of the Governing Documents as determined by the Board of Directors in its discretion from time to time, and interest at up to the highest rate permitted by law, for each past due Assessment or installment thereof and any other amounts lawfully assessed against an Owner or a Lot. C. In the event of default of more than thirty (30) days in the payment of any Assessment or installment thereof, all remaining installments of Assessments assessed against the Lot owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent Assessments, together with all costs 15 188927v1 of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Suspend the rights of any Owner to vote when the Assessments due with respect to the Owner's Lot are past due. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to thirty (30) days thereafter, for each violation. e. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided by applicable law. 11.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by Section 11.2 d., e., f. or g. of this Section, the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10) days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty (30) days of receipt of the hearing request by the Board, and with at least ten (10) days prior written notice to the offender. If the offending Owner fails to request a hearing within thirty (30) days after receipt of notice by the Owner of the objectionable charge or of the association exercising the objectionable remedy, or fails to appear at the hearing, then the right to a hearing shall be deemed waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. 11.4 Lien for Charges, Penalties, etc. Any Assessments, charges, fines, penalties or interest imposed under this Section shall be a lien against the Lot of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as Assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board gives written notice of its decision at or following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 11.5 Costs of Proceeding and Attorneys' Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his or her Lot with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, costs charged by a collection agency, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. Such collection fees or costs shall be the personal obligation of such Owner and shall be a lien against such owner's Lot. 16 188927v1 11.6 Liability of Owners' and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Lot, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against his or her Lot. 11.7 Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, and the Rules and Regulations as provided therein. Each Owner (including Declarant so long as Declarant is the Owner of at least one of the Lots) and the Associations hall have the right to enforce, by any proceeding at law or in equity, all easements, covenants, conditions, restrictions and charges now or hereafter imposed by the provisions of this Declaration, including the collection of any Owner's pro rata share of Common Expenses. The City, the County, and any other governmental or quasi - governmental entity, shall have the right to enforce by any proceeding at law or in equity all easements, covenants, conditions and restrictions created by this Declaration expressly for the benefit of such entity. In view of the purposes of this Declaration and the unique characteristics of the Property, it is acknowledged that money damages to the Association, any Owner or any other entity in the event of a violation of any of the terms hereof would be an inadequate remedy due to the irreparable and immeasurable harm done thereby. Accordingly, the Association, each Owner (including Declarant, so long as Declarant is the Owner of at least one of the Lots) and any other entity shall have the right, in addition to any other remedies available at law or in equity, to apply for and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief by way of restraining order, prohibitory or mandatory injunction, or other relief, to prevent and enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce performance of the terms of this Declaration. If successful, the party seeking enforcement of the terms hereof shall be entitled to recover from the party violating the terms of this Declaration reimbursement for all costs and expenses of litigation, including reasonable attorney's fees, witness fees, service of process fees, deposition costs, expert witness fees, and any other costs incurred in securing such relief. SECTION 12 SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the following special declarant right for as long as it owns a Lot, or for such shorter period as may be specifically indicated: 12.1 Complete Improvements. To complete all the Lots and other improvements indicated on the Plat, or otherwise included in Declarant's development plans or allowed by the Declaration, and to make alterations in the Lots and Common Area to accommodate the exercise of any special declarant rights. 17 188927v1 12.2 Signs. To erect and maintain signs and other sales displays offering the Lots for sale, in or on any Lot owned by Declarant and on the Common Area. 12.3 Easements. To have and use easements, for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Area and the yard areas of the Lots for the purpose of exercising its special declarant rights. 12.4 Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board, until the earliest of (i) voluntary surrender of control by Declarant, or (ii) an Association meeting which shall be held within sixty (60) days after conveyance to owners other than a Declarant of one hundred percent (100%) of the total number of Lots authorized to be included in the property. Notwithstanding the foregoing, the Owners other than a Declarant shall have the right to nominate and elect not less than one-third (1/3) of the directors at a meeting of the Owners which shall be held within sixty (60) days following the conveyance by Declarant of fifty percent (50%) of the total number of Lots authorized to be included in the Property. 12.5 Consent to Certain Amendments. Until such time as Declarant no longer owns any Lot for initial sale, Declarant's written consent shall be required for any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affects Declarant's rights under the Governing Documents. 12.6 Assignment. Declarant may assign its special Declarant rights as set forth in this Section by recording against the Property such an assignment. SECTION 13 MISCELLANEOUS 13.1 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 13.2 Construction. Where applicable the masculine gender of any word used herein means the feminine or neutral gender, or vice versa, and the singular of any word used herein means the plural, or vice versa. 13.3 Notices. Unless specifically provided otherwise in the Governing Documents, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the Loted States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the Association. 13.4 Conflicts Among Documents. In the event of any conflict among the provisions of this Declaration, the Bylaws or any Rules or Regulations approved by the Association, this 18 188927v1 Declaration shall control. As between the Bylaws and the Rules and Regulations, the Bylaws shall control. 13.5 Duration of Covenants. The easements created pursuant to this Declaration shall be perpetual and shall survive the termination of this Declaration. Any provision of this Declaration expressly benefiting the City, the County, or any other governmental or quasi -governmental entity, shall be perpetual unless and until waived in writing by that entity. All other covenants, conditions, restrictions and reservations created by this Declaration shall continue for a term of thirty (30) years from the date of this Declaration, after which time the same shall expire except to the extent preserved in a duly recorded instrument, signed by the Owners of at least a majority of the Lots, agreeing to extend the during of this Declaration. 13.6 Binding Effect. The covenants, conditions, restrictions and easements in this Declarations shall run with and bind the Property and shall inure to the benefit of and be enforceable by and against the Owner of each Lot, and their respective legal representatives, heirs, successors and assigns. 13.7 Amendment. This Declaration may be amended by an instrument executed solely by Declarant until Declarant sells all of the Lots, and thereafter may be amended by all instrument executed by Owners of at least seventy-five percent (75%) of the Lots; provided, however, that Section 10.5 may not be amended without the express written consent of the Owner of each of the Lots; and no part of the Property may be deprived of any easement granted pursuant to this Declaration, if any, without the written consent of each Owner and lienholder of that part of the Property. 13.8 Outlot A. Notwithstanding anything in this Declaration to the contrary, the land legally described as Outlot A, Kintyre Preserve, Hennepin County, Minnesota ("Outlot A") shall not be bound by or subject to this Declaration, provided that the owner(s) of Outlot A and such owner(s) guests, agents, invitees, successors, and assigns shall have the right to use those easements described in Section 3 above that are in the favor of an Owner, and provided further that the owner(s) of Outlot A may connect any roadway or driveway with the roadways located on the Property, and may construct all necessary improvements needed to make such a connection, provided that all such modifications shall be made at the sole cost and expense of the owner(s) of Outlot A. Notwithstanding the foregoing, the owner(s) of Outlot A may elect to "opt into" this Declaration and make Outlot A subject to all terms and conditions of this Declaration by providing notice to the Owners of its election to do so and by recording a copy of such election with County Recorder for Hennepin County, Minnesota. Upon satisfying such conditions, Outlot A shall be deemed a portion of the Property, and each separate legal lot that forms a part of Outlot A shall be deemed a "Lot" hereunder. For purposes of calculating the owner(s) of Outlot A's proportionate share of Common Expenses, each owner that makes up a portion of Outlot A shall be deemed an Owner as of the date of the recording of the notice that elects to opt into this Declaration. [Remainder of Page Left Blank; Signature Page Follows] 19 188927v1 20 188927v1 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth above. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument 20, by a This instrument was drafted by: MULLIGAN & BJORNNES PLLP 401 Groveland Avenue Minneapolis, MN 55403 (612) 871-1800 [Declarant] By: Name: Title: was acknowledged before me this AP Minnesota Notary Public 21 188927v1 day of of on behalf of the Exhibit A Property Lots 1 through 7, and Outlot B, Kintyre Preserve, Hennepin County, Minnesota. 22 iss927vi Exhibit B Drainfield Sites 23 188927v1 AGREEMENT REGARDING SEPTIC SYSTEM THIS AGREEMENT REGARDING SEPTIC SYSTEM (this "Agreement") is entered into as of the day of , 2016 (the "Effective Date"), by Christopher W. Bollis and Rachel A. Bollis, husband and wife, and Tamarack Hill Properties, Inc., a Minnesota Corporation, (individually and collectively, "Owner"). RECITALS A. Owner is the owner and developer of certain real property legally described on Exhibit A attached hereto ("Lot 4") and certain real property legally described on Exhibit B attached hereto ("Lot 5"; Lot 5, together with Lot 4, are individually referred to herein as a "Lot" and collectively as the "Lots"), all of which is located in Hennepin County, Minnesota. A mound (the "Mound") associated with the septic system serving Lot 5 ("Septic System") is located partially on Lot 4. B. As a condition to the City of Orono (the "City") agreeing to permit Owner to develop the Lots and other real property located immediately adjacent to the Lots, the City requires that the owner of Lot 5 remove from Lot 4 all portions of the septic system serving Lot 5 including the Mound. The City has agreed to permit the Owner to leave the Mound on Lot 4 so long as Lot 4 and Lot 5 are owned by the same person or entity and are not being developed. C. The Owner has agreed to bind the Lots to the terms of this Agreement to induce the City to issue the necessary approvals needed develop the Lots. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees as follows: 1. Temporary Easement. Owner hereby grants a temporary easement for septic system purposes over, across, on, under, and through Lot 4 for the benefit of Lot 5, for the existing Septic System and Mound. No new septic system or mound may be installed. 2. Termination of Easement. The temporary easement shall expire and the Septic System and Mound shall be removed upon any of the following occurrences: 188926v1 I. At such time that either Lots 4 and 5 either become separately owned or either Lot 4 or 5 become owned by any party other than an Owner or an entity owned or controlled by an Owner; IL At such time that a permit for home construction is issued for Lot 4; or III. At such time that a permit for demolition or new home construction is issued for Lot 5. In the even that one of the termination occurrences exists and the Septic System and Mound have not been removed, no building or demolition permits shall be issued for Lots 4 or 5 until the Septic System and Mound are removed in accordance with this Agreement. 3. Replacement of Septic System. Contemporaneous with the removal of the Septic System and Mound, Owner must shall install a new septic system on Lot 5 that complies with all applicable laws and ordinances including all applicable setback restrictions, or remove those portions of the existing septic system serving Lot 5 and located on Lot 4, and reinstall them onto Lot 5 so that all portions of the existing septic system comply with all applicable laws and ordinances including all applicable setback restrictions. 4. Scobe. The benefits and the burdens of this Agreement (a) run with title to the Property, and (b) inure to the benefit of Owner, the City, and their heirs, devisees, administrators, executors, successors and assigns, and binds Owner and its heirs, devisees, administrators, executors, successors and assigns. 5. Recording. Upon execution, this Agreement shall be recorded against Lots 4 and 5 at the Owner's expense. 6. Amendment. This Declaration may not be amended or terminated by Owner, its successors, or its assigns without the written consent of the City. [Remainder ofpage intentionally left blank.] 2 188926v1 Owner has caused this Agreement to be executed and delivered as of the date first above written. Tamarack Hill Properties, Inc., a Minnesota corporation C STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) Christopher J. Bollis, President The foregoing instrument was acknowledged before me this day of , 2016, by Tamarack Hill Properties, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public Christopher W. Bollis Rachel A. Bollis STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Christopher W. Bollis and Rachel A. Bollis, husband and wife. Notary Public 188926v1 Exhibit A Lot 4 Lot 4, Kintyre Preserve, Hennepin County, Minnesota. iss9a6vi Exhibit B Lot 5 Lot 5, Kintyre Preserve, Hennepin County, Minnesota. iss9a6vi NUNUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 Council 7:00 o'clock pm. Exhibit H 13. #16-3WSARYAN CUISLWE DEVELOPMENT, LLC, ON BEHALF OF P C01ViPANY, SHADYWOOD ROAD, CONDITIONAL USE PERMIT (coadni Mc -Millan oommen this building has been vacant for a long time and that the neighbor ould like to see the building util d. McMillan stated this is a good opportunity and that she is in f or of the proposal. Walsh stated in his A it is a positive for the residents of Navarre. Printup stated his uaders ding is that the owner could come back before the ty for a liquor license, which would reopen the issue. Mattick indicated that is earl point and that the City could Levang noted with a conditional Mattick stated the conditional use at the parking again at that time. permit, the City is saying would be reopened at that is a coffee/bagel shop forever. Mattick stated it will be recorded agar t the land and that theAse can last forever. Walsh moved, Printap seconded, to adVRE�SOtLN NO.6671, a Resolution Grantinga Conditional Use Permit for Coffee Bagrsuant to Orono ?Vianicipal Code SectioA 78-764, File No.16,856. Levang requested both property owners k out the parking situation to avoid any long- term animosity. VOTE: Ayes 4, Nays 0. *14. #16-3837 GEORGE FUNIVAND JUDY I RETREAT (540 OLD CRYSTAV13AY ROAD) — FINAL PLAT, CRYSTAL BAY NO. 6672 Levang moved, Walsh secou, to adopt RESOLUTION .6572, a Resolution Approving the Plat of CYOTAL ea P.M.4Old Crystal Bay Road Soot File No. 16-3857. VOTE: Ayes 4, Nays 0. *15. 8 PAUL CAMERON ON BEHALF OF X LAIN CAPITAL, LLC, 18&5-225 STAL BAY ROAD NORTH — FINAL T — OUTION NO.6673 Levang conded, to adopt RESOLUTION NO.6673, a lntion Approving the Plat of Ctes,185 and 225 Old Crystal Bay Road North, File .153749 and #16- 3858. V 16. #15-3763116-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW Gaffron noted last September the Council adopted Resolution No. 6536 granting preliminary approval for a 7 -lot residential plat. The property is located at 200-250 Stubbs Bay Road North. Page 11 of 34 1INM4 ES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763116-3$60 CEUMTOPHER BOLUS, 200-350 STUBBS BAY ROAD NORTHFWAL PLAT REVIEW (centenued) The applicants have applied for final plat approval in order to finalize the project. Earlier this year the applicants brought forth to the Planning Commission a 5 -lot plat but have chosen to go forward with the 7 -lot plat. Gaffron indicated there are a few questions that have come up for discussion and are listed as follows: Road design. The City's consulting engineer review has indicated that certain horizontal curves in the road design do not meet the City's 275 -foot minimum radius requirement for a 30 mph road. The long curve leading to the new cul-de sac has a 250 -foot radius and is not an issue in Staffs opinion. However, the wobble configuration just north of the existing cud -de -sac has a series of nonconforming curves in an attempt to save trees in this area and maintaining a screening buffer to the neighbors to the south. The question is whether saving trees is a justification. The stronger justification might be that the wobble in the road will have a traffic calming of ec4 which addresses speeding.concerns voiced by the neighbors during the preliminary plat review. 2. Road construction process. Condition 8 of the preliminary plat resolution is a requirement that road construction equipment gain access via Stubbs Hay Road through Outlot A to avoid traffic on Kintyre Lane. The applicants' road contractor has advised them that the equipment for the paving process, including asphalt hauling, must use existing Kintyre for access to avoid damage to concrete curbing that will be installed prior to paving. The southerly 250 feet of the new road will have curb and gutter, while the northerly 450 feet will be a rural section with ditches. Staff would recommend that the existing condition of Kintyre Lane be carefully documented prior to road constriction, and any damage due to that construction be repaired by the developer. If Kintyre Lane cannot be used, the paving contractor will have to find an alternative access route through Outlot A. 3. Future use of the driveway in Oudot A, Tamarack Hill. The applicants have requested that the gravel driveway currently serving the existing homes at 300 and 350 Stubbs Say Road North be allowed as access for Lots 5 andlor 6 for some indeterminate amount oftime, potentially related to construction of homes on either lot prior to completion of the new road and cul-de-sac rom the south. Lots 5 and 6 cannot have accesses to both the north and south based on a code requirement. Additional issues for consideration include: a. If both Lots 5 and 6 gain access from the outlot driveway, that is a total of three homes using a shared driveway, which is not allowed and which triggers an upgrade of that driveway to private road standards. b. Temporary use of the existing 600 -plus feet long gravel driveway for new construction on a new lot should be, at a minimum, be subject to review by the Fire Department for emergency accessibility. Page 12 of 34 MINUTES OF THE ORONO C rY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15a763116-3860 CHRISTOPHER BOLUS, 200450 STUBBS BAY ROAD NORTH — FLNAL PLAT REVIEW (continrreaq e. There is concern regarding the creek crossing at the east end of that driveway, which is fairly narrow. d. Any permanent use of that driveway as access suggests that Lots 5 and 6 must be treated as `through' lots, abutting roads at opposite lot boundaries, which affects setback requirements for accessory structures. e. The City Attorney has commented that the driveway access easements and covenants should be reviewed by the applicants. U lots 5 and 6 abandon access to the driveway in favor of the new cul-de-sac, they might still be responsible for maintenance of a driveway they are not using. E If the driveway is abandoned, it should be revegetated to eliminate unnecessary hardcover. Gaffron stated Staffwill bring a final plat resolution in two weeks but would like direction on the three issues noted above. Chris Bollis, 350 Stubbs Bay Road, stated the purpose of the wobble in the road is to preserve additional trees. If the road comes directly off the outlot, 18 trees versus 14 trees will be impacted. The trees in red are the ones that will be saved due to the wobble. Bollis stated when they were looking to subdivide the property, they were looking at conservation and preservation, which is what they are attempting to meet. The second benefit of the wobble is that it slows traffic down. Bollis noted they are not asking for the road construction equipment to come up Kintyre Lane and that they want all the traffic to come down the existing gravel driveway. The contras or has said he, has no problems with that but that the special paving equipment has to come down Kintyre. As a result of grading the road and putting in cement curb and gutter, there will be a two -foot drop and that the paving equipment cannot go over that drop. Bollis indicated they are talking about one day whom the paving equipment will be there. Bollis submitted a letter from the contractor. Walsh noted the first 250 feet will have curb and gutter and the rest will not. Walsh stated in his opinion the road will have an unfinished look to the road. Bollis noted there will be two lifts of asphalt put down and that one will be done this fall and the other will be in the spring. Bollis stated there is a curb and gutter cul-de-sac which that portion of the road will connect to. The curb and gutter allows more trees to be preserved rather than grading out for ditches. Bollis stated there is a natural transition going into it and is also part of the stormwater management plan. Bollis noted it is easier if the runoff is directed towards a filtration area rather than going to one specific point on a curb and gutter road. McMillan commented Orono has always preferred less curb and gutter, but that there are points where the water needs to be channeled a certain direction. Gaffron asked if the bituminous trucks will also be going up and down Kintyre. Page 13 of 34 1VIINUTES OF THE ORONO MY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15.3763/16-3860 CHRISTOPHER BOLLFS, 200-250 STUBBS BAY LOAD NORTH — FINAL PLAT REVIEW (conttnaedj Bullis stated if the trucks can access through Stubbs Bay, they will do that. Bollis stated the goal is to eliminate use of Kintyre Lane for construction as much as possible. Bollis stated as it relates to the third issue, firture use of driveway, he has a proposal for that use. Gaffron displayed an aerial view of the driveway. Bollis indicated he is proposing that that driveway be used for temporary access until primary connections are made to Kintyre Lane for Lots 5 and 6. There is an existing house on Lot 5, and if the plat is recorded as is, they will lose access over the outlot. Bollis stated he is also asking for temporary access for the purpose of constructing a house on Lot 6, which will give the builder the entire winter to construct the house in the event the mad is not completed this fall. Bollis noted they exceed the fire requirements for the current driveway and use of the driveway over the outlet will just be temporary. Bollis stated he would propose that the permanent access be established within 60 days following the ictal lift of asphalt on Kintyre Lane. Bollis stated in this situation he heels it would be appropriate the driveway remain as a secondary access point. There is an accessory building on Lot 5, which has its entrance off the current driveway. Bollis stated if the house on Lot 5 is demolished, it would be difficult to navigate a driveway back to the accessory building would be virtually impossible given the topography. W6 would also have that temporary secondary access. Bollis stated he does not see how that triggers a corner lot. Walsh commented it appears the driveway access is on Lot 5 but not Lot 6 and that they would need to go through Lot 5 into Lot 6. Bollis indicated it actually splits the lot line. Bollis noted there would be an appropriate easement for vehicles to cross Lot 5 into Lot 6. Levang asked if he is suggesting that that will be permanent. Bollis indicated he would lice the secondary access to be permanent if those lot owners wanted that in the future. Bollis stated he does not want to take that option away and that the infrastructure is already there. The accessory building would be accessed off of that on Lot 5. Levang asked what the accessory building is. Bollis indicated it is a small barn. McMillan stated her concern is the neighbor to the west having more activity on the road than what was originally anticipated. McMillan stated in her view it is okay short-term but not long-term. Bollis noted it would be a secondary access and that the actual use in the future versus today would go down considerably once the new road is in. Levang asked how long the road has existed. Page 14 of 34 MHSTMS OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 olelock p.m. 16. 015-3763/16-3860 CHRISTOPHER BOLUS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (eorrt =49 Bolus stated it has been a driveway since approximately 1978. Gaiiron noted the house to the west was constructed five to seven years ago. Gaffron stated those two lots were previously one lot. McMilIan commented she is not sure she would allow a secondary access for the accessory building only. Walsh stated if Lots 5 and 6 access that, it triggers an upgrade of the road and that the applicant is looking to keep it as a secondary access. Walsh stated the question is whether that is acceptable without the upgrades. Bollis noted those two lots do not technically have frontage along Stubbs Bay Road. McMillan stated her concern with the wiggle in the road is that people will likely drive down the middle of the road, which is something to think about with regard to sight lines. Walsh stated the neighbors feel that anything that potentially has the ability to slow traffic down is it positive and that he is definitely supportive of the wiggle to help that. McMillan indicated she is supportive of it as well as long as it works. McMillan asked if private mads can install their own speed bumps. Gaffron stated the City would not be opposed to it but that he is not sure whether the neighbors would be in fever of it, Walsh commented he now understands the concept of the curb and gutter as it relates to runoff. Walsh stated if the construction traffic can just be limited to the paving equipment, that would be okay, and that in his view the asphalt trucks can handle the drop -0f£ Printup asked if the secondary access could be a construction road. Bollis stated he is proposing to use it to either remodel the existing house or build a new house on Lot 5. Bollis noted it is actually a driveway and not a road. Walsh stated he would be supportive of that since he has not heard of any issues why that would be a problem outside of the rule requiring an upgrade of the driveway. Levang asked whether the applicant has any comments on the other items listed in Staff's report. Bollis indicated he does not Levang asked if Staff was looking for something specific. Gaffron stated he wanted to bring those to the attention of the applicant and the Council. Gaffron indicated Staff will bring the final plat resolution before the Council in a couple of weeks. Rage 15 of 34 NIIIr'UTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763/16-38611 CHRISTOPHER BOLLLS, 200-250 STUBBS BAY ROAD NORTH — FThAL PLAT REVIEW {conii'nue4 McMillan asked whether anyone from the public would like to comment on this application. Tom Fleming, 300 Stubbs Bay Road, stated he believes it makes sense to have the ability to construct homes on the lots but that his concern is if something happens over time and the road is not constructed, whether that will bleed into Lots 4 and 7. Fleming noted there is soil compaction that takes place with road construction and there are mature trees. Fleming stated there has to be some timeline and that it cannot go on forever. Fleming stated he is a little concerned about a secondary access since it is not part of what Orono typically does. Fleming noted the City hes very specific ordinances about multiple access points. Fleming indicated he is the third owner on Oudot A and that he does have concerns about how it is plotted. Fleming noted Tamarack Hill will be superseded by Kintyre. Fleming commented he is not sure how the ownership will go as well as the requirements of maintenance. F[cming indicated he would prefer to we the secondary access eliminated since there is a goad being built. Fleming stated ultimately he is willing to take responsibility for his portion of the outlot. Walsh noted the City Council really does not have much control over the driveway since both mr. Bullis and Mr. Fleming own the driveway and that it will need to be an agreement between the two of them. Walsh asked if he would have any problem to allowing them to use the access to construct the homes. Fleming indicated he would not but that he does not want to see it bleed into more homes. Gaffron noted the development agreement does not allow a home to be built until there is one lift of asphalt laid. Gaffran stated it is reasonable to use the driveway to construct homes on Lots 5 and 6. McMillan concurred that there needs to be some closure to the road. Walsh commented it Wright be five years before both homes are constructed and that perhaps there should be a sunset clause on it. Gaf&on stated what the City typically requires is that the secondary access be graded out so it is not usable once the two homes are built. Gaffron indicated Staff will bring back the approval resolution at the next Council meeting. The City Council took no formal action on this item. a recess from 8:48 0A. to 17. LEVEL II HOME OCCUPAT W LICENSE,&fS FOREST LAKE LANDING Barnhart stated the property owners at 4411 F e Landing would like to use their property for indoor piano concerts for 15 events per year up t people per event. The patrons would be shuttled to the event using a commercial shuttle. the events 'll go latter than 7 p.m., it triggers a Level II home occupation. Page 16 of 34 Date Application Received: 8112116 Date Application Considered as Complete: 8112116 60 -Day Review Period Expires: 10/11/16 Department Approval: Name: Michael P. Gaf&on Title: Senior Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Council Exhibit I Date: September 12, 2016 Item No.: 16 Agenda Section: Planning Dept. Item Description: #15-3763116-3860, Christopher & Gail Bollis / Christopher & Rachel Bollis 200-350 Stubbs Bay Road North - Final Plat Review List of Exhibits A — Final Plat Application & Submittal Narrative 815116 B — Draft Final Plat Drawing C — Final Development Plans D — City Engineer Continent Letter 912116 E — Plan Excerpts re Horizontal Curve Radius Variance F -- Draft Covenants G -- Proposed Septic System Agreement H — Preliminary Plat Approval Resolution No. 6536 (9114115) On September 14, 2015 the City Council adopted Resolution No. 6536 granting preliminary approval for a 7 -lot residential plat of the properties at 200-350 Stubbs Bay Road North. The applicants have applied for final plat approval in order to finalize the project and proceed (the 5 - lot proposal reviewed by the Planning Commission this summer has been dropped). A small number of questions have been brought forth by staff and consultants that require Council review and direction prior to final plat approval, which is anticipated for the Council's September 26 meeting. Issues for Council Consideration Road Design. Consulting Engineer Bob Bean has noted that certain horizontal curves in the road design do not meet the City's 275' minimum radius requirement for a 30 mph road (Exhibit D, Item 3.1 and Exhibit E). The long curve leading to the new cul- de-sac has a 250' radius and is not an issue in staff s opinion. However, the snakelike configuration just north of the existing cul-de-sac has a series of nonconforming curves in an attempt to save trees in this area, maintaining a screening buffer to the neighbors to the south. While this was discussed during the preliminary plat review, it was not apparent at that time that the curves would not be in compliance with code. Issue: What are the justifications for the variance to the road design standards to allow this? Staff would argue that the attempt to save trees is a weak justification, as Orono has generally declined to grant variances based on saving a tree, having experienced 15-3763116-3860 September 8, 2016 Page 2 many times the ultimate loss of said tree during or shortly after construction. Perhaps the stronger justification would be that the `wobble' in the road will have a traffic calming effect, which addresses speeding concerns voiced by the neighbors during the preliminary plat review. Does the Council find sufficient justification to grant the horizontal curve variances? 2. Road Construction Process. Condition 8 of the preliminary plat resolution (Exhibit G, page 7) is a requirement that road construction equipment gain access via Stubbs Bay Road through Outlot A, to avoid traffic on Kintyre Lane, both from the standpoint of safety and to minimize damage to the existing private road. Applicants note that their road contractor has advised that the paving process (including asphalt hauling) must use existing Kintyre for access to avoid damage to concrete curbing that will be installed prior to paving. The southerly 250' of the new road will have curb and gutter, while the northerly 450' will be a rural section with ditches. Is the use of Kintyre lane for paving access acceptable? If so, staff would recommend that the existing condition of Kintyre Lane be carefully documented prior to road construction and any damage due to that construction be repaired by the developer. If Kintyre Lane cannot be used, the paving contractor will have to find an alternative access route through Outlot A (or from the driveway serving 350 Stubbs Bay Road...) Does Council find sufficient justification to allow paving access through existing Kintyre Lane? 3. Future Use of Driveway in Outlot A, Tamarack Hill. Applicants have requested that the gravel driveway currently serving the existing homes at 300 and 350 Stubbs Bay Road North be allowed as access for Lots 5 and/or 6 for some indeterminate amount of time, potentially related to construction of homes on either lot prior to completion of the new road and cul-de-sac from the south, ,a or potentially in perpetuity. Code Section ? —i f p✓ i ,.SyNn`' � �/ `d1 I / T w7. N.YA " iS fJC1d�, �'Wu@ bV. J$ ^:,C�Y7' C dQ.: i3. d. tis 13 G�a+z States t One driveway approach shall be allowed from up to two single residential parcels of land to the same road, provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having_ frontage on more than one public road shall be allowed to have a driveway approach to one public road." Lots 5 and 6 cannot have accesses to both the north and south based on this code requirement. Additional issues for consideration include: If both Lots 5 and 6 gain access from the Outlot driveway, that is a total of three homes using a shared driveway, which is not allowed and which triggers an upgrade of that driveway to private road standards (paved, and with a cul-de-sac). Temporary use of the existing 600' + long gravel driveway for new construction on a new lot should at a minimum be subject to review by the Fire Department for emergency accessibility. There is concern regarding the creek crossing at the east end of that driveway which is fairly narrow. Any permanent use of that driveway as access suggests that Lots 5 and 6 must be treated as `through' lots, abutting roads at opposite lot boundaries, which affects setback requirements for accessory structures. 15-3763116-3860 September 8, 2016 Page 3 - A comment by the City Attorney is that the driveway access easements and covenants should be reviewed by the applicants, given that if Lots 5 and 6 abandon access to the driveway in favor of the new cul-de-sac, they might still be responsible for maintenance of a driveway they aren't using. - Finally, if the driveway is abandoned, it should be revegetated to eliminate unnecessary hardcover. The applicants are preparing a proposal for future use of the driveway and will be discussing that with the Council at Monday's meeting. Additional Items of Note Septic System Straddling lot Line. The applicants have provided an Agreement regarding use of the septic system straddling the lot line between Lots 4 and 5. The Agreement requires that within 120 days after common ownership of the two lots ceases, the system has to be removed/relocated to become conforming. This does not specifically follow the 5 `trigger' conditions established in the preliminary plat approvals (Resol. 6536, condition 11 on page 7); staff is reviewing whether the agreement is acceptable as -is. Building Pads. Applicants are proposing to grade building pads into certain lots, creating new Engineered Grades to establish Existing Ground Levels for individual building purposes. Existing Accessory Buildings on Outlot A. Outlot A of Kintyre Preserve is intended to remain in the ownership of the owners of 200 Stubbs Bay Road as open space for the time being, potentially for future development. There are two accessory buildings on Outlot A, but after the subdivision is approved the existing principal residence to which those buildings are accessory will be removed since it is in the way of the new road. It is staffs intent that the plat approval resolution document that those two buildings become nonconforming but are allowed to remain as -is. (One of those buildings was the subject of a variance in 2002 as being nearer Stubbs Bay Road than the existing residence). Wetland Easements — Vacation Issue. There are existing Wetland Drainage Easements on Lot 2 of Tamarack Hill which will be superseded by new Drainage Easements on the new plat. Staff is reviewing whether the existing easements need to be vacated. If so, that can happen after plat approval and recording. HOA Documents. Applicants have submitted Homeowners Association documents including Articles of Incorporation, Bylaws, and Rules and Regulations which will be filed at the time of plat recording. Final Plat Approval The City Attorney is currently reviewing the submitted development documents to ensure that all pertinent items have been addressed, and is preparing a Development Contract. Staff will be preparing a Final Plat Approval resolution for Council review and adoption on September 26. 15-3763116-3860 September 8, 2016 Page 4 COUNCIL ACTION REQUESTED Review the attached plans and documents, and provide staff and applicants with as much direction as possible with regards to the 3 Issues for Council Consideration note above. Identify any remaining issues of concern. Direct staff to finalize documents for final plat approval expected to be granted on September 26. COST SHARING AND MAINTENANCE AGREEMENT AND TEMPORARY EASEMENT THIS COST SHARING AND MAINTENANCE AGREEMENT AND TEMPORARY EASEMENT (this "Agreement") is made this day of October, 2016, by and among Eric C. Miller and Cheryl K. Miller, husband and wife (the "Millers"), Michael Roll and Jacqueline Williams -Roll, husband and wife (the "Rolls"), Christopher Eperjesy and Beth Eperjesy, husband and wife (the "Eperjesys"), John F. Knorp and Kristine E. Knorp, husband and wife (the "Knorps"), Chris Watkins and Kadee Watkins, husband and wife (the "Watkins"), Gonyea Homes, Inc., a Minnesota corporation ("Gonyea"), Kintyre Two Homeowners Association, Inc. (the "Kintyre HOA"), Christopher Bollis and Gail Bollis, husband and wife (the "Senior Bollis"), and Christopher Bollis and Rachel Bollis, husband and wife (the "Junior Bollis"). The Bollis Owners (defined below), Kintyre Owners (defined below), and Kintyre HOA are individually hereinafter referred to as a "Party," and together as the "Parties". RECITALS A. The Kintyre HOA is the homeowner's association that affects all of that real property and related improvements legally described on Exhibit A attached hereto (the "Kintyre Parcels"). B. The Kintyre Owners are the fee simple owners of that portion of the Kintyre Parcels that is legally described on Exhibit B attached hereto ("Outlot D"). C. The Bollis Owners are the fee simple owners of certain parcels of land legally described on Exhibit C attached hereto (the "Bollis Parcels"). The Bollis Parcels and the Kintyre Parcels are collectively referred to as the "Property". D. The Kintyre Parcels and the Bollis Parcels adjoin one another. E. A portion of the Kintyre Parcels is a private road right of way legally described on Exhibit D attached hereto (the "Roadway Easement Area"). The bituminous and hardscape improvements located in the Roadway Easement Area as of the date of this Agreement, together with the Extension (defined below), will hereafter be referred to as the "Roadway." The Roadway is subject to an easement for public use pursuant to that Declaration of Covenants, Conditions, Restrictions and Easements dated August 25, 2010 and recorded with the County Recorder for Hennepin County, Minnesota on August 30, 2010 as Doc. No. A955292, and that Declaration of Easement dated August 6, 2015 and recorded with the County Recorder for Hennepin County, Minnesota on August 17, 2015 as Doc. No. A10228794. The Roadway will serve to connect the Bollis Parcels with Watertown Road. F. The Bollis Owners desire for the Kintyre Owners to consent to the Bollis Owners' construction and installation of an extension (the "Extension") over Outlot D to the existing Roadway to meet up with a roadway to be constructed on the Bollis Parcels, the Kintyre HOA has agreed to maintain, repair and replace the Roadway, and the Bollis Owners have agreed to construct the Extension and to share in the costs and expenses of maintaining, repairing, and replacing the Roadway, subject to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, the execution of this Agreement by the Parties hereto, the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, it is agreed as follows: 1. Recitals. The Recitals set forth above are incorporated herein and made a part hereof. 2. Defined Terms. As used herein the following capitalized terms have the following meanings: (a) `Bollis Owner" means individually, and `Bollis Owners" means collectively, the Senior Bollis and the Junior Bollis, together with their respective successors in interest of all or any portion of the Bollis Parcels. (b) "Kintyre Owner" means individually, and "Kintyre Owners" means collectively, the Knorps, the Millers, the Rolls, the Eperjesys, the Watkins, and Gonyea, together with their respective successors in interest of all or any portion of the Kintyre Parcels. (c) "Lot" means individually, and "Lots" means collectively, each separate legal lot that makes up the Property, that receives and actually uses access through Kintyre Lane, and that is zoned and approved for use as a residential dwelling and upon which a building permit has been obtained from the City of Orono to construct a residential home, but excluding any lot(s) or parcel(s) that is created for purposes of installing a road right of way serving the Bollis Parcels, and excluding any outlot. (d) "Owner" means individually, and "Owners" means collectively, the owners of the Lots. For purposes of this Agreement, for any Lot that is the subject of a contract for deed, the vendee under the contract for deed shall be deemed the Owner. (e) "Pro Rata Share" means a fraction, with the numerator being one and the denominator being the total number of Lots. 3. Maintenance; Manner of Work for Easement Areas. The Kintyre HOA agrees that it shall maintain the Roadway Easement Area, including the Roadway, in first class order, appearance and repair, in a condition similar to other private roadways in the area and with the type of material originally installed or of similar quality, use and durability as existed when any such improvements were originally constructed. Such maintenance and repair shall include, but shall not be limited to, all necessary patching, replacing, and re -striping of the Roadway and promptly removing snow, dirt and debris therefrom. All maintenance and repair shall be performed in an expeditious and workmanlike manner so as to minimize any interference with the flow of traffic or persons across the Roadway, and shall be conducted pursuant to commercially reasonable arms -length contracts. Neither the Bollis Owners nor the Bollis HOA shall be liable for the prorated portion of the Assessments (defined below) that are the responsibility of the Kintyre HOA hereunder or any late fees or costs that are attributable to the Kintyre Owners' failure to timely pay such prorated portion. 2 4. Costs and Expenses; Cost Sharing. The Kintyre HOA must initially pay all of the Costs, subject to the Owner's obligation to pay Assessments as set forth in Section 7 below. All costs and expenses that are incurred by the Kintyre HOA and that do not fall within the definition of Costs shall be borne exclusively by the Kintyre HOA and its members. As used herein "Costs" means all costs and expenses incurred in connection with maintaining, repairing, and replacing the Roadway, including those costs and expenses incurred in replacing those portions of the Roadway that are in need of replacement due to ordinary wear and tear and casualty, customary third -party management and administrative fees, and the cost of mowing those portions of the Roadway Easement Area that are maintained by the Kintyre HOA, but shall exclude any costs associated with modifications or alterations to the Roadway that the Kintyre HOA makes or is required to make from time to time, and any costs incurred in connection with replacing any tree. Each Owner is responsible for such Owner's Pro Rata Share of all Costs. Notwithstanding the foregoing, until such time as a road has been constructed on the Bollis Parcels and such road has been connected with the Roadway, the Kintyre Owners shall be responsible for 100% of the Costs. All Costs that are not the responsibility of a Bollis Owner hereunder shall be paid by the Kintyre Owners, and the Kintyre HOA agrees to bill and collect all such Costs directly from the Kintyre Owners pursuant to the process set forth in the documents that are applicable to the Kintyre HOA. Except as stated in this Agreement, the Kintyre HOA may not charge any other costs, fees, or expenses for Owners' or Owners' agents' or invitees' use of, or connection with, the Roadway, all of which shall be provided without cost as set forth in Resolution of the City Council for the City of Orono No. 5421. 5. Bids; Budget. (a) At least thirty (30) days prior to the commencement of any calendar year the Kintyre HOA must present to the Owners, or the Bollis HOA once the Bollis HOA has been created, a proposed budget for the Costs for the applicable upcoming calendar year together with copies of all bids that the Kintyre HOA has obtained in connection with creating the budget. The Kintyre HOA may, without the prior consent of the Owners or the Bollis HOA undertake the following: (i) incur up to $5,000 in total Costs associated with mowing and weeding of the Roadway Easement Area, and snow removal of the Roadway, in any calendar year; and (ii) incur up to $5,000 in total Costs associated with repairing, patching, or replacing the Roadway in any calendar year. The Kintyre HOA must obtain the approval of the Owners by the affirmative vote of a cumulative majority of the Owners of all Lots before incurring additional Costs. The Kintyre Owners and the Bollis Owners, or the Kintyre Owners and the Bollis HOA once the obligation to pay the Costs is assigned to the Bollis HOA, will have no obligation to pay his/her/its Pro Rata Share of Costs that are not approved as described herein unless no such approval is required. For purposes of determining the number of votes required by this Section, each separate Lot shall have one vote. If the Kintyre HOA cannot obtain the majority approval required by this Section 5(a) with respect to Costs, then the Parties shall immediately engage in mediation to resolve any such dispute, and all costs and expenses incurred in connection with any such mediation shall be included in the calculation of Costs hereunder. (b) If the applicable Cost requires the approval of the Owners or the Bollis HOA pursuant to Subsection (a) above, the Owners or the Bollis HOA have the right to require that the Kintyre HOA obtain up to three (3) commercial bids for the applicable project (if possible), and the Kintyre HOA must present all such bids that it obtains to the Owners, and must obtain the consent required by Subsection (a) above, prior to accepting any such bid. The Kintyre HOA must accept the lowest reasonable bid that the Kintyre HOA receives for any such cost. 6. Excluded Costs. This Agreement does not obligate Kintyre Owners or Kintyre HOA to pay for any costs associated with constructing or maintaining any improvements located on the Bollis Parcels. 7. Assessments. Annual assessments ("Assessments") shall be established and levied by the Kintyre HOA equally against all Lots, subject only to the limitations set forth below and in Section 5 above. Each annual Assessment shall cover all of the anticipated Costs for that year pursuant to a budget that has been approved as described in Section 5 above unless no such approval is needed. Annual Assessments shall be payable in equal installments on a quarterly basis. Upon completion of the budget for the applicable calendar year, the Kintyre HOA shall establish the amount of Assessments owed by each Owner for such year and shall send written notice thereof to each Owner. The due dates for payments of Assessments shall be as set by the Kintyre HOA, provided that the first payment of Assessments in any calendar year shall not be due and payable until the date that is at least twenty (20) days after the Owners receive the written notice, and provided further that not more than one payment may be due and payable in any calendar quarter. The Kintyre HOA must provide a statement to each Owner within ninety (90) days after the end of each calendar year summarizing the total amount of Costs incurred by the Kintyre HOA during the calendar year (including providing copies of invoices reflecting the Costs), each Owner's Pro Rata Share of such Costs, and the amount that each Owner paid in the applicable calendar year. If an Owner overpaid during a calendar year, the Owner may elect to either receive a reimbursement of such overpaid amount (which amount the Kintyre HOA must pay to the Owner(s) within thirty (30) days after receipt of a request), or to receive a credit against the immediately succeeding payment(s) that the Owner must pay hereunder. If an Owner has underpaid during the applicable calendar year, the Owner must pay to the Kintyre HOA the underpaid amount within thirty (30) days after receipt of the statement demonstrating such underpaid amount. Notwithstanding the foregoing, the Bollis Owners may require any homeowner's association established by the Bollis Owners (the `Bollis HOA") to pay Costs directly to the Kintyre HOA, and Kintyre HOA agrees to invoice the Bollis HOA directly once such an election is made. In all circumstances, however, the obligation to pay Assessments shall run with the land and be binding upon the Owners of the Lots. 8. Temporary Construction Easement; Agreement to Construct. Kintyre Owners hereby consent to the Bollis Owners constructing and installing the Extension, which Extension must be constructed in compliance with all applicable standards required by the City of Orono. Kintyre Owners hereby grant to Bollis Owners a temporary easement over Outlot D to construct the Extension. Such easement shall expire once such Extension is complete and has been approved by the City of Orono. 9. Temporary Sign Easement. Intentionally deleted. 10. Covenants Running with the Land. The easements, covenants, and obligations herein granted and contained shall be easements, covenants, and obligations running with the land and shall inure to the benefit of, and be binding upon, the Parties hereto and their respective heirs, 2 successors and assigns. If at any time the Bollis Parcels are subdivided, the rights and obligations set forth herein shall apply equally to all of the Owners of the subdivided Bollis Parcels. 11. Ownership. Kintyre Owners represent and warrant that as of the date of this Agreement they are the exclusive owners of Outlot D. 12. Assignment to HOA. Bollis Owners have the right to assign any rights or obligations under this Agreement to the Bollis HOA by providing the Kintyre HOA of its desire to do so and by providing the Kintyre HOA with reasonable, written documentation of such assignment and assumption. Notwithstanding the foregoing or any such assignment, the obligation to pay Costs and Assessments shall bind and run with the land to all of the Property and the Owners of the Lots while such Owner owns the Lot. 13. Priority. The Parties agree that the grant of the rights and obligations contained herein shall be superior to any indenture of mortgage or other similar encumbrance which may be placed upon all or any portion of the Property at any time. The Owners and the Kintyre HOA must obtain a subordination agreement or consent in form and substance acceptable to the Owners and the Kintyre HOA that subordinates any existing lien on such Party's parcel to this Agreement. 14. Notice. Notices permitted or required under this Agreement shall be in writing and shall be delivered or sent by certified mail to the address applicable to such Party's lot or parcel. 15. Waiver of Subrogation; Liability; Indemnity. Notwithstanding anything to the contrary contained herein, the Parties hereby release one another and their respective officers, directors, agents, and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property or liability insurance, even if such loss or damage was caused by the fault or negligence of such Party, or anyone for whom such Party may be responsible. The Kintyre HOA and the Bollis Owners shall maintain reasonable limits of commercial general liability insurance coverage over the Roadway and the Extension and shall name the other Party as an additional insured on such general liability insurance policies. It is expressly understood and agreed that the Parties do not assume any liability for the negligent acts or willful misconduct of any other Party or such Party's agents, representatives or contractors as it relates to this Agreement and the operation, repair, replacement and/or maintenance of the Roadway and the Extension. If the Bollis Owners, or their agents, contractors, or representatives (collectively, the `Bollis Responsible Parties"), cause any damage to the Roadway during the construction of the Extension (ordinary wear and tear excepted), the Bollis Responsible Parties shall defend, indemnify and hold the Kintyre Owners and the Kintyre HOA harmless from and against any and all costs, expenses, and liabilities attributable thereto. 16. Governing Laws. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any applicable federal laws and regulations. 17. Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of this Agreement. 18. Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement (or the application of such term, provision or condition to persons or circumstances other than those in respect of which 5 it is invalid or unenforceable) shall not be affected thereby, and each term, provision or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 19. Authority. The individuals executing this Agreement represent and warrant that they have the legal authority to enter into this Agreement and that no other signature is required to grant the rights contained herein. 20. Default. If any Party, or the Bollis HOA, as applicable, fails to pay any amounts that are due and owing by such Party hereunder, and such failure continues for a period of twenty (20) days after receipt of an invoice from the Kintyre HOA, a five percent (5%) late penalty shall be assessed against all such delinquent amounts. In addition, interest shall accrue on all delinquent amounts owed hereunder, which interest shall be equal to 8% per annum and shall start to accrue as of the date that is twenty (20) days after receipt of an invoice from the Kintyre HOA. Upon the creation of the Bollis HOA and the assignment and assumption of the payment obligations hereunder to the Bollis HOA, all amounts due and owing hereunder shall be included in the annual assessments due and payable by the Owners to the Bollis HOA, and the Bollis HOA will have the right to file a lien against each Lot within the Bollis Parcels if the Owner of such Lot fails to pay the amounts due and payable hereunder. The Bollis HOA must diligently pursue all remedies that it may have against any Owner who fails to pay the amounts due and payable hereunder. Notwithstanding the foregoing, if any Party fails to pay any amounts due and owing by such Party, after the expiration of all applicable notice and cure periods, the Kinytre HOA and the Bollis HOA shall, in addition to its other remedies, have the right to pursue any other remedy at law or in equity against any Party who fails to pay any Assessments or costs allocated to such Party. 21. Estoppel Certificate. Within ten (10) business days after a request from an Owner, the Kintyre HOA agrees to deliver to such Owner an estoppel certificate stating whether such Owner, the Kintyre HOA, or the Bollis HOA is in default under this Agreement. 22. Associations. It is the intent of the Kintyre HOA and the Owners that the Kintyre HOA and the Owners, or the Kintyre HOA and the Bollis HOA after the Bollis HOA has been created, will work together to obtain bids for maintenance and repairs of the Roadway and the Extension. 23. Counterparts. This Agreement may be executed in several counterparts as deemed necessary or convenient, each of which, when so executed, shall be deemed an original, provided that all such counterparts shall be regarded as one and the same document, and either party this Agreement may execute any such agreement by executing a counterpart of such agreement [Remainder of the Page Intentionally Left Blank] 2 IN WITNESS WHEREOF, the parties have executed this Cost Sharing and Maintenance Agreement and Temporary Easement as of the date and year first above written. STATE OF ss COUNTY OF KINTYRE OWNERS: ERIC C. MILLER CHERYL K. MILLER The foregoing instrument was acknowledged before me on this day of , 2016 by Eric C. Miller and Cheryl K. Miller, husband and wife. Notary Public [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] KADEE WATKINS CHRIS WATKINS STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2016 by Chris Watkins and Kadee Watkins, husband and wife. Notary Public [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] MICHAEL ROLL JACQUELINE WILLIAMS-ROLL STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2016 by Michael Roll and Jacqueline Williams -Roll, husband and wife. Notary Public [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] CHRISTOPHER EPERJESY BETH EPERJESY STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2016 by Christopher Eperjesy and Beth Eper esy, husband and wife. Notary Public [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] JOHN F. KNORP KRISTINE E. KNORP STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2016 by John F. Knorp and Kristine E. Knorp, husband and wife. Notary Public [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] GONYEA HOMES, INC., a Minnesota corporation By: Name: Title: STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2016 by Gonyea Homes, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] BOLLIS OWNERS: CHRISTOPHER BOLLIS GAIL BOLLIS STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2015 by Christopher Bollis and Gail Bollis, husband and wife. STATE OF ss COUNTY OF Notary Public CHRISTOPHER BOLLIS RACHEL BOLLIS The foregoing instrument was acknowledged before me on this day of , 2016 by Christopher Bollis and Rachel Bollis, husband and wife. Notary Public KINTYRE HOA: [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] KINTYRE TWO HOMEOWNERS ASSOCIATION, INC. Printed: Michael Roll Title: President STATE OF COUNTY OF The foregoing instrument was acknowledged before me on this day of , 2016 by Michael Roll, the President of Kintyre Two Homeowners Association, Inc., a Minnesota non-profit corporation, on behalf of the non-profit corporation. DRAFTED BY AND WHEN RECORDED RETURN TO: Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 Notary Public 14 *:4:II:1Ur_1 Legal Description of the Kintyre Parcels Lots 1-3, Block 1, Lots 1-3, Block 2, Outlot A, Outlot B, Outlot C, and Outlot D, Kintyre Two, Hennepin County, Minnesota. [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] EXHIBIT B Legal Description of Outlot D Outlot D, Kintyre Two, Hennepin County, Minnesota EXHIBIT C Legal Description of the Bollis Parcels Parcel 1: Part of the West 1/2 of the Southeast 1/4 of Section 32, Township 118, Range 23 as follows: Beginning at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 118, Range 23; thence East 13 1/3 rods; thence North 12 rods; thence West 13 1/3 rods; thence North 30 rods; thence East 80 rods to the East line of said Northwest 1/4 of the Southeast 1/4; thence South 42 rods; thence West to a point 14 1/3 rods east of point of beginning, thence South 1 rod; thence West 14 1/3 rods; thence north 1 rod to point of beginning. Parcel 2 - Lot 2, Block 1, Tamarack Hill, Hennepin County, Minnesota. C-2 EXHIBIT D Legal Description of the Roadway Easement Area Outlot C, Kintyre Two, Hennepin County, Minnesota REQUEST FOR COUNCIL ACTION Date: November 28, 2016 Item No.: 7 Department Approval: Administrator Approval: Agenda Section: Name: Jeremy Barnhart Ym-4 Planning Dept. Title: Community Development Director Item Description: #16-3868, Charles Cudd, LLC o/b/o DDK, LLC, 2525, 2535, and 2545 Shadywood Road - Final Plat On September 12, 2016 the City Council adopted Resolution No. 6668 granting preliminary approval for a 7 -lot residential plat of the properties at 2525, 2535, and 2545 Shadywood Road, to be known as Shadywood Villas. The developer, Charles Cudd, LLC, is now requesting approval of the final plat. The final plat is consistent with the approved preliminary plat and the developer has agreed to the actions required in the preliminary plat resolution. The development agreement is consistent with the standard development agreement employed for developments with public streets, and reflects the issues identified during the review process. The Council is asked to approve the resolution approving the final plat, and approve the development agreement, attached as Exhibit B. COUNCIL ACTION REQUESTED Approve, by resolution, the final Plat for Shadywood Villas. Approve the Development Agreement, authorize the City Administrator and Mayor to sign. List of Exhibits A— Resolution approving Final Plat B - Draft Development Agreement CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Iasi A RESOLUTION APPROVING THE PLAT OF SHADYWOOD VILLAS - FILE #16-3868 WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on September 12, 2016 the City Council adopted Resolution No. 6668 granting preliminary plat approval for a 7 -lot single family residential subdivision of the properties located at 2525, 2535, and 2545 Shadywood Road (hereinafter the "Property") in the City of Orono and legally described in Exhibit A (attached); and WHEREAS, on September 16, 2016 Charles Cudd LLC, a Minnesota limited liability company (hereinafter the "Developer") made formal application for final plat approval for the Property; and WHEREAS, the Developer has agreed to comply with all conditions of Resolution No. 6668 and has completed or has agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements and conditions of Preliminary Plat Resolution No. 6668. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 6668. 3. Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and execution of a declaration of covenants for the permanent flowage and preservation of wetlands, and establishment of wetland buffers and buffer maintenance provisions. 4. Execution of easement for trail purposes to be granted to the City for future trail purposes over the northerly 10 feet of the project, Exhibit D. Execution of a wetland conservation and flowage easement to be granted to the city, Exhibit E. Page 1 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. Execution of covenants and restrictions regarding development standards for construction and maintenance of homes and accessory structures and the maintenance of common areas, including but not limited to pervious driveways, impervious sidewalks, landscaping, grounds, fencing and signage. 7. Execution of covenants and easements for stormwater management facilities including establishment of stormwater system maintenance obligations. 8. Submittal of Minnehaha Creek Watershed District (MCWD) permits approving the grading, stormwater management facilities, Storm Water Pollution Prevention Plan (SWPPP) and erosion control plan. 9. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 10. Execution of a Development Agreement including provision of financial security including a Letter of Credit and escrow to ensure that all site improvements are installed and maintained to the City's specifications and satisfaction, and to establish conditions for future development of the site. 11. Payment of development fees as established in Resolution No. 6668 as follows: a. Park Dedication Fee: $13,000.00 b. Stormwater and Drainage Trunk Fee: $17,574.60 C. Sanitary Sewer Connection Charge: $17,850.00 WHEREAS, City staff and consultants have reviewed the plans for this subdivision and hereby specify approval of each plan and identify them as part of the official record for SHADYWOOD VILLAS, Plans B -I included as Exhibit C: Plan A — Plat of Shadywood Villas Plan B — Grading and Stormwater Prevention (last dated 10-17-16) Plan C — Grading, Drainage, and Erosion Control (last dated 10-17-16) Plan D -- Final Landscaping Plan (last dated 8-4-16) Plan E — Tree Preservation Plan (last dated 9-8-16) Plan F — Detail Sheet 5 (last dated 10-17-16) Plan G — Detail Sheet 6 (last dated 10-17-16) Plan H — Street and Utility Plan and Profile (last dated 10-17-16) Plan I — Monument Design Page 2of8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. All of the above noted plans are subject to any additional requirements of the Minnehaha Creek Watershed District and subject to any additional requirements and conditions specified by the City Engineer. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 6668, the City Council of the City of Orono does hereby approve the plat of SHADYWOOD VILLAS, Hennepin County, Minnesota (a copy of which is attached as Exhibit B) subject to the following conditions: 1. Development within SHADYWOOD VILLAS is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6668, and subject to the provisions of the Development Agreement for SHADYWOOD VILLAS dated , 2016. 2. The City Council hereby approves the proposed public road name Shadywood Circle as requested by the Developer. 3. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 4. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director and City Engineer that all requirements of the platting regulations have been satisfied. 5. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before May 14, 2017 together with a certified original copy of this resolution and executed copies if the easements and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono this 21' day of November, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 3 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Exhibit A Lots 1, 2, and 3, Block 1, Leach Addition, Hennepin County, Minnesota. Page 4 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Exhibit B Plat of Shadywood Villas. Page 5 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Exhibit C Plans of Shadywood Villas Page 6 of 8 [Ell S P15a1 $ of Fig ag / 2 ` w m9-A J"I Ilk L�zl "` N 01 m m Z a i- CA' - 4A/ c X r go m Q z m g �R All g I z 2.1 zjig I. I Is a R Resolution Exhibit B A KIN o Gc / ` . V `\ Ap m d"4r p sem/ a .e COT Resolution Exhibit C N 61'7PC7' W 0+ SHADYWOOD VILLAS STREET & UTILITY PLAN AND PROFILE FOR CASCO VENTURES, LLC HENNEPIN COUNTY, MINNESOTA W NOTE: ALL WATER SERYIOE5 SHALL BE ROUTED UNDER THE PROPOSED STORM SEWER. MAINTAINING A MM1UM 18" SEPARATION STREET AND UTILITY PROFILE STORK SEWER PROFILE :mm EPOumm. LLM YUR{MPA LAND PLANK 445 NORTH WLLOW MW LONG V . MN . W 862-473-4141 60:: _ - 8LiA5ZG 'NY s W 95.0._ T_ _ _. — --..- .------_ 950ffi« - -- - -Z4 940 - 31WE5 Mir-. 930 930 — — — - = 920 :mm EPOumm. 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G IGx..ota JrvM IiMllSl. it755 0 952-4731141 Resolution Exhibit D (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC TRAIL PURPOSES , a Minnesota , hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF ORONO, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public trail purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit "B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trail system over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, excavate and pave the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trail systems. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. isgaaivi IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of GRANTOR: By Its And Its STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016, by and , respectively the and of a Minnesota , on behalf of the , the Grantor. Notary Public DRAFTED BY: CAMPBELL KNUTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 188401vl 2 EXHIBIT "A" to TRAIL EASEMENT A permanent easement for public trail purposes over, under, on and across the northeasterly 10.00 feet of Lot 1, Block 1, Shadywood Villas, said 10.00 feet adjoining Shadywood Road. 188401vl EXHIBIT "B" to TRAH, EASEMENT 188441v1 HOLDER CONSENT to TRAIL EASEMENT 'a national banking association, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Public Trail Purposes, which first mortgage was dated and recorded as Document No. with the office of the County Recorder/Registrar for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the above referenced Grant of Permanent Easement. Lo STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_ by ,the of a , on its behalf. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 sMM 188401A Resolution Exhibit E (reserved or recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS AGREEMENT (the "Agreement") made this day of , 2016, by , a ("Grantor"), in favor of the CITY OF ORONO, a Minnesota municipal corporation ("City'). WITNESSETH: The Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby creates and grants unto the City a permanent easement for wetland flowage and conservation purposes over, under, on and across the following land within the City of Orono, County of Hennepin, State of Minnesota which is legally described on Exhibit "A" attached hereto (the "Easement Premises"). The Grantor, its successors and assigns, hereby covenants and agrees as follows: 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the Easement Premises, except by consent of the City or otherwise noted: A. Constructing, installing, or maintaining anything, including buildings, structures, walkways, fences, retaining walls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or boardwalks when allowed by City ordinance and under a valid City permit; and 3) retaining walls when allowed by City ordinance and under a valid City permit. Creation and maintenance of non -hardcover walking paths may be allowed. 188402v1 B. Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency and except by special permit for maintenance; as a part of an approved vegetation management plan; and, to maintain, repair and reconstruct any stormwater ponds and facilities within the Easement Premises. Grantor may remove brush, diseased or dead trees of any size, buckthorn and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to the size, depth or contour of the wetland; dredging, mining or removal of earth, loam, peat, gravel, soil or any other natural material. D. Free roaming of domestic animals (i.e. horses, sheep, chickens, etc.) E. The deposit of waste, yard waste, or debris. F. Activity detrimental to the screening of the neighboring properties. G. Application of fertilizers, whether natural or chemical. H. Application of chemicals for the destruction or retardation of vegetation. I. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. J. Outside storage of any kind. K. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. Rights of the City. Grantor, its successors and assigns, filrther grants to the City the affirmative right, but not the obligation, to do the following on the Easement Premises: A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the Easement Premises at any time to enforce compliance with the terms of this Agreement. 3. Reservation of Rights of Grantor. Grantor reserves for itself and for its successors and assigns and its invitees, the right to enter upon the Easement Premises and to do and perform on the Easement Premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses shall be deemed to include, but not be limited to planting of trees, flowers, and other vegetation consistent with a conservation easement; walking along trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. 2 188402v1 4. Grant of Flowage Easement. Grantor hereby grants, gifts, quit claims and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises. 5. Release. Grantor hereby remises, releases, acquits and forever discharges, forever, the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Premises within the terms of this Agreement. 6. No Public Interest. Nothing contained herein or the dedication in the Plat shall be construed as creating any use rights in the general public or as dedicating for public use any portion of the Easement Premises, except as expressly described in this Agreement. 7. Amendment. This Agreement may be amended, modified, or terminated in part or in whole by written consent of the City, or its respective successors and assigns. IN WITNESS WHEREOF, the Grantor hereto has executed this easement effective as of the day and year set forth above. [Signature contained on following page.] 1884021 GRANTOR: UM STATE OF MINNESOTA ) (ss. COUNTY OF ) Its The foregoing instrument was acknowledged before me this and DRAFTED BY: CAMPBELL KNuTsoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN' 55121 Telephone: (651) 452-5000 SMM and of day of , respectively the on behalf of the , the Grantor. Notary Public 4 188402vl EXHIBIT "A" TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS A permanent easement for wetland, flowage and conservation purposes over, under and across Outlot A, Shadywood Villas. isa4aavt Council Exhibit A 16-3868 DEVELOPMENT CONTRACT (Developer Installed Improvements) SHADYWOOD VILLAS PROJECT NO. (Final Plat File #16-3868) AGREEMENT dated , 2016, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"); and Casco Ventures, LLC (hereinafter referred to as the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for "SHADYWOOD VILLAS" (referred to in this Contract as the "Plat"). The land to be subdivided by the Plat (the "Land") is situated in the City of Orono, County of Hennepin, State of Minnesota, and is legally described on the attached Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The Plat adheres to the purpose and intent of the Orono Community Management Plan, as amended. The City has approved the Plat on condition that the Developer enter into this Contract and furnish the security required by it. The City will cause the Plat to be duly recorded in the office of the Registrar of Titles/County Recorder 189563v1 in and for Hennepin County, Minnesota, promptly after compliance by the Developer with all conditions precedent to such recording pursuant to this Contract, which conditions precedent the Developer shall cause to be satisfied within 180 days after the City Council approves the final Plat. 3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary "security" (defined below) has been received by the City,- and 3) forty-eight (48) hours after the Plat has been duly recorded in the office of said Registrar of Titles/County Recorder. 4. PHASED DEVELOPMENT. N/A 5. PRELIMINARY PLAT STATUS. N/A 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendment to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Project unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract with respect to property which did not receive final plat approval prior to any such amendment. 7. DEVELOPMENT PLANS. The Project shall be developed in accordance with the following plans (collectively, the "Plans"). as they hereafter may be amended with the written consent of the Developer and the City Engineer (collectively, as so amended, the "Plans"). The Plans shall not be attached to this Contract but shall remain on file with the City at least so long as 2 189563v1 any of the Project remains subject to the terms of this Contract. The erosion control plan may also be approved by Minnehaha Creek Watershed District (MCWD). If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans are: Plan A — Title Sheet Plan B — Plat of Shadywood Villas Plan C — Grading and Storm Water Pollution Prevention Plan Plan D — Grading, Drainage and Erosion Control Plan E — Street and Utility Plan Plan F — Landscaping Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Plans (the "Improvements"): A. Site Grading, Ponding, and Erosion Control B. Setting of Iron Monuments C. Surveying and Staking D. Public Street E. Public Sanitary Sewer System E. Traffic Control Signs, Street Signs and Development Identification Signs F. Underground Utilities G. Stormwater Management Facilities The Improvements shall be installed in accordance with the Plans; the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the 3 189563v1 work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the Improvements and before the "security" is released, the Developer shall supply the City with a complete set of reproducible "as constructed" Plans, and an electronic file of the "as constructed" Plans in an auto CAD file based upon the Hennepin County coordinate system, all prepared in accordance with City standards. 9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.02 and the Orono City Code, the final placement of iron monuments for all lot corners must be completed before the "security" is released. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: MnDNR for Dewatering • City of Orono for Building Permits MCWD for erosion control permit and storm water management permit • NPDES Permit (National Pollutant Discharge Elimination System) from MPCA • MCWD for wetland mitigation permit 4 189563v1 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by December 31, 2017, with the exception of the final wear course of asphalt on the public roadway extension. The final wear course on streets shall be installed between August 15th and September 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the "security" to reflect cost increases and the extended completion date. Final wear course placement must have the written approval of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with development of the Project. 14. EROSION CONTROL. Prior to initiating site grading, the Grading and Storm Water Pollution Prevention Plan including all required erosion controls, Plan C, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by excavation and backfilling operations shall be reseeded within five (5) days after the completion of the work, 5 189563v1 weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the "security" to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Project is in full compliance with the approved erosion control plan. 15. GRADING PLAN. The Project shall be graded in accordance with the approved grading development and erosion control plan, Plan C. The plan shall conform to City of Orono specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion of all grading, provided the City Engineer has determined that adequate erosion control measures are in place, and the City has received a final grading and road plan, SWPPP, and plans for all improvements. The "as constructed" plan shall include field verified elevations of the following: 6 189563v1 a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, and ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and house pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill will have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction on the Land, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. Developer shall construct the public and private Improvements as enumerated in Section 8 above. Developer shall enter into, execute, and cause to be duly recorded in the office of said County Recorder, a declaration of covenants, conditions, restrictions and easements (the "Declaration") , the form and substance of which shall be subject to City approval, regarding the private stormwater management facilities and maintenance of said facilities. Upon completion of the Improvements, the City shall inspect the Improvements and notify Developer if any of the Improvements do not conform to the requirements of this Contract. Upon satisfactory completion of the public street and public sanitary sewer system, the City Council shall formally accept said street and sewer as public and will thenceforth own and maintain said street and sewer system. At the request of the Developer, upon expiration of all warranties and completion of the Improvements in conformance to the requirements of the Contract, as determined by the City, the City will execute 7 189563v1 a recordable certificate of completion confirming such completion and release of the Land from provisions of this Contract relating thereto. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed monthly. Contemporaneously with the execution of this Agreement, the Developer shall deposit $10,000.00 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to, planning, engineering oversight, or legal consultant review) the City has incurred or will incur related to the Development and for all out-of-pocket costs the City has incurred or will incur to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work associated with this Agreement, if compliance with the terms of this Agreement are not accomplished. The Developer shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In the event that the Developer does not make payment to the City within the timeframe outlined in this sction, the City may immediately draw from the escrow account without further approval of the 8 189563v1 Developer to reimburse the City for eligible expenses the City has incurred. If the balance of the escrow account is insufficient to reimburse the City its costs under this Section, the Developer will promptly reimburse the City any additional costs. If the eligible expenses incurred by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the Developer when the Development has been completed and written notification is received from the Developer requesting the funds. 19. CLAIMS. In the event that the City receives claims from laborers, material suppliers, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, material suppliers, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the "security" in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the City shall be released, discharged, and dismissed from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee of $8,490 per acre calculated as follows: $8,490.00 per acre x 2.07 acres = $17,574.00 21. PARK DEDICATION FEE. The City Code requires dedication of 8% of the land as public park, or payment of the equivalent value in cash. The City Council has determined there is no need for dedication of land from the proposed development. Because of the vastly differing 9 189563v1 land values in the city, the eight percent park dedication requirement could result in park dedication requirements that are either significantly greater than or significantly less than the amount which is roughly proportional to the impact of the proposed development on the city's park system. Periodically, therefore, the city will establish both a maximum and minimum park dedication amount per dwelling unit based on an updated projection of the cost of the city's park system and the proportionate share of this projected cost to be borne by new dwelling units in the city. 8% of the value of the land is lower than the minimum, so $3,250 per residential unit will be used. Therefore the park dedication due at the time of Final Plat is $22,750.00. However, as part of the original plat for the subject property, Leach Addition, (1978), three lots were platted, and park dedication paid. Park dedication for four lots are due with the Project. The adjusted park dedication is $3,250.00 per lot x 4 lots = $13,000.00 22. SEWER AND WATER CONNECTION CHARGE. Water connection charges paid as part of the 1970 LW -1 project were 7.5 residential equivalent units. No additional water connection charges have been identified. Assessed charges as part of the 1984 Lift Station 7 and forcemain upgrade are owed as part of this project and amount to $2,550.00 per unit ($610.00 + $1940.00). Based on 2016 fee schedule, the fees are: $0.00 for municipal water and $2,550.00 per lot x 7 lots = $17,850.00 23. LANDSCAPING. All landscaping shall be installed in accordance with Plan F. 24. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: 10 1895630 A. Implementation of and adherence to the findings and conditions listed in: (1) Resolution No. 6668 Granting Preliminary Plat Approval for Shadywood Villas - File No. 16-3847, adopted by the Orono City Council on September 12, 2016; (2) City Engineer comment letters dated August 11, 2016, July 21, 2016 and October 28, 2016 (3) Resolution No. approving the Final Plat for , adopted by the Orono City Council on , B. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed declaration of covenants for the permanent flowage and preservation of wetlands, in recordable form, specifying the proposed conditions and limitations to be placed on the wetlands within the Plat, in a form acceptable to the City. The Wetland Easement shall incorporate as a minimum the following elements: no structures allowed, no fences, no domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for maintenance or as part of an approved vegetation management plan, no excavating or earth movement. Permanent markers of a design and material acceptable to the City Community Development Director shall be placed at all points where the conservation easement intersects a lot boundary or where the easement boundary line changes direction. The recording of the Plat and the Conservation Easement shall be conclusive evidence of the satisfaction of this special provision. The Developer is advised that the City -required minimum setbacks of from the delineated wetland boundaries and from MCWD-imposed wetland buffers shall be adhered to. C. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed Public Trail Easement, in recordable form, identifying the proposed future trail location within the Plat, in a form acceptable to the City. D. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD") approval and permits as required. The City will not release the Plat for recording 11 189563v1 until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. E. The Developer shall submit the final Plat in electronic format. The Plat shall be created using Hennepin County Coordinates. The electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of the Plat on Mylar (one copy for the City's records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to F'= 200'. F. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls required to be constructed by the Plans, or special conditions referred to in this Contract, shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. G. The following provisions shall guide the development of lots 1-7 within the development. Minimum setbacks for all lots within the Development shall be as follows: Street 20 feet Street side 25 feet Side 7 feet Rear Lesser of 25 feet or 20% lot depth Floor area ratio 0.5. Lot 3, Block 1 may have a FAR upto 0.55. Lot 4, Block 1 12 189563v1 may have a FAR upto 0.65. FAR shall include all floor area, excluding porches and decks/ divided by the total lot area. All other provisions shall be as regulated by the City Code. 25. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of the costs of all Improvements and construction of all Improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any required landscaping. The amount of the security shall be $386,877. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, upon five (5) business days' prior written notice to Developer, for any violation of the terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be retained as security until all Improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" Plans have been received by the City, a warranty security is provided, and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 13 189563v1 26. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval: Park Dedication Fee (4 lots) $ 13,000.00 Storm Water and Drainage Trunk Fee 17,574.00 Sewer Connection Charges 17,850.00 Engineering, Oversight and Erosion Control Escrow 10,000.00 Final Plat Fee 700.00 Total Cash Requirements & Fees $ 59,124.00 27. WARRANTY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council as documented in official City minutes. The Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance Security") in an amount reasonably determined by the City Engineer. The City Engineer shall examine the condition of the Improvements when determining the amount of the Maintenance Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 28. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Land, including but not limited to Minnehaha Creek Watershed District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this 14 189563v1 Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Project. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Project. The Developer shall defend and indemnify the City and its officers, employees, and agents against any claims arising out of or related to the Plat, including all approvals and permits issued as a result of the Plat, and for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the Land, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction of the Project until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. F. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance or via other agencies for which City acts as agent may be imposed such as, but not limited to, connection charges and building permit fees. 15 189563v1 29. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Project. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the Developer or any successor in interest to the Developer. 30. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work on the Project until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. Contract. B. Third parties shall have no recourse against the City or Developer under this C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those for lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. 16 189563v1 E. Grading and one lift of asphalt shall be installed on all streets prior to issuance of any building permits for homes accessing via said streets. F. If building permits are issued prior to the completion of all Improvements, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the Land and may be recorded against the Land. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the Land; that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as 17 189563v1 often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request, the City shall provide, in recordable form, a release of any lot in the Plat from this Development Contract if the City determines that the terms and conditions of this Contract have been satisfied. K. Developer shall be responsible for all snow removal from vacant lots to the extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding nuisances. 31. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Charles Cudd, LLC, 15050 23rd Avenue North, Plymouth, MN 55447-4710. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Orono City Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which notices to such party thereafter shall be given, by providing to the other party notice of such change. 32. At the request of the Developer, upon expiration of warranties, completion and satisfaction of requirements of the Contract, as determined by the City, the City will execute a recordable certificate of completion confirming such completion and release of the Land from provisions of this Contract relating thereto. The Developer may request partial release of the Contract. The City, when the Developer requests such a release, may require as a condition thereof 18 189563v1 that the Developer memorialize any remaining unsatisfied obligations hereunder pursuant to a recorded declaration or an amendment to a previously recorded declaration. [Remainder of Page Intentionally Left Blank.] 19 189563v1 (SEAL) CITY: CITY OF ORONO 1.2 Lili Tod McMillan, Mayor Jessica Loftus, City Administrator DEVELOPER: By Its By Its 20 189563v1 [print name] [print name] STATE OF MINNESOTA ) (Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016 by Lili Tod McMillan and by Jessica Loftus, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) (Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by and , respectively the and of a , on behalf of the Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 21 189563v1 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2016. Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day by of , on its behalf. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 22 189563v1 of the Exhibit A Lots 1, 2, and 3, Block 1, Leach Addition, Hennepin County, Minnesota. 23 189563v1 Date Application Received: 10/19/16 Date Application Considered as Complete: 10/19/16 60 -Day Review Period Expires: 12/19/16 REQUEST FOR COUNCIL ACTION Date: November 28, 2016 Item No. 8 Department Approval: Administrator Approval: Agenda Section: Name: Jeremy Barnhart Ym_4 Planning items Title: Community Development Director Item Description: #16-3881— Charles Cudd, LLC — 2525, 2535 and 2545 Shadywood—Easement Vacation Application Summary: As part of the applicant's replat of the former Leach Addition into Shadywood Villas, the Shadywood Villas developer must have the pre-existing easements vacated, to be replaced with new easements that correspond with the lot lines of Shadywood Villas. The easements have not been improved. Planning Commission Action: On November 2 1t the Planning Commission held a public hearing; no comments were received. The Planning Commission voted 6 to 0 in favor of the vacation as proposed conditioned upon provision of a drainage and utility easement along the new shared property line. COUNCIL ACTION REQUESTED Council should adopt or amend the attached resolution vacating the drainage/ utility and conservation flowage easements as indicated. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. PC SR and Exhibits easement vacation CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Council Exhibit A 16-3881 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ASSOCIATED WITH THE PLAT LEACH ADDITION, HENNEPIN COUNTY LOCATED AT 2525, 2535, AND 2545 SHADYWOOD ROAD, IN THE CITY OF ORONO FILE #16- 3881 WHEREAS, pursuant to Minnesota Statutes § 412.851 the Orono Planning Commission has conducted a hearing preceded by two (2) weeks published and posted notice and mailed notice to the abutting property owners to consider the vacation of drainage and utility easements recorded with the Hennepin County Recorder as part of the Plat Leach Addition, Hennepin County, Minnesota. WHEREAS, the subject property will be re -platted as Shadywood Villas, and new drainage and utility easements will be provided at the new lot lines. The drainage and utility and flowage and conservation easements depicted on Exhibit A attached hereto are no longer needed for public purpose. WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the Drainage and Utility Easements as it affects the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono: 1. That portion of the described Cgonservation Flowage Easement and Drainage and Utility Easement as it affects the Subject Property is hereby vacated . 2. That portion 3. The Clerk shall forthwith transmit a certified duplicate of this Resolution to the County Auditor and County Recorder. ATTEST: ADOPTED, this 28th day of November 2016, by the City Council of the City of Orono, Minnesota. CITY OF ORONO: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL EXHIBIT A NO. All of the drainage and utility easements dedicated in the plat of Leach Addition. The Flowage and Conservation Easement over Lot 3, Block 1, Leach Addition recorded as Document No. 4452082. Date Application Received: 10/19/16 Date Application Considered as Complete: 10/25/16 60 -Day Review Period Expires: 12/25/16 To: Chair Thiesse, Planning Commission Members Jessica Loftus, City Administrator Council Exhibit B 16-3881 From: Jeremy Barnhart, Community Development Director Date: November 21, 2016 Subject: 16-3881 Rick Denman (Charles Cudd Co, LLC, for DDK, LLC Owner) - 2525, 2535, and 2545 Shadywood Road - Easement Vacation - Public Hearing Summary of Request: The applicant requests approval to vacate drainage and utility easements created as part of Leach Addition. These easements will be replaced with easements created as part of the new Shadywood Villas Plat. The City Council approved the preliminary plat for Shadywood Villas on September 12th and is expected to approve the final plat on November 28th There are no utilities within the easements to be vacated. List of Attachments Exhibit A - Shadywood Villas Plat Exhibit B - Leach Addition Plat Staff Recommendation Staff recommends approval of the easement vacation as proposed, provided the easement vacation is recorded as part of the platting documents for Shadywood Villas. SHADYWOOD VILLAS \N'N"N \ , SEE DETAIL----- �iNI AN Drainage and utility easements shown thus: 1 1551 1 1 ----- I L----- 0 0 Being 5 feet in width, unless otherwise indicated, and adjoining lot lines, and being 10 feet in width, and adjoining right of way lines unless otherwise indicated on the plat. • : Denotes found iron monument o : Denotes set 1/2 x 14" set iron monument, marked by MN Lic. No. 12755 For purposes of this survey, the southwesterly line of Lot 3, Block 1, LEACH ADDITION has an assumed bearing of N 47°13'15" W E M R111 El SCALE IN FEET SW'LY LINE OF LOT 3, \ BLOCK 1, LEACH ADDITION -00 16 .. \ •r. \ "`NNNN C11 ����� ��� / ss `�' _ �/� •SFSO�Z tg 0 0 \ s9 9. '. 9999 / �� \\� , /NN NNN �•• � // \\\\ / �\tips° / \, •:::'. 0o0 2 Ln No 6 Nb °0 3 \ �\ S s,j,7 ,7 1 C14 N 9 \\r� ( /\\ IS \ \ �3 / o / x 270°00.0 0 6 0/ o / \ ")-NN / s, ao I iso N. \ INo OR ai 5 \ SsrQ\ \ /�,���/ I \ \ tis \ 9 \ \/� / o I 5 `-N \ °' \ N 5 \ INN, I N 1 1 \ \ \ \/ I (9'�F INN, \>�� N \ \ FOUND HENN CO CIM AT a8 s \ ti��� '\�� I \\ o° MC 13 ON E LINE OF------------ 6� S22 Vol % \_N 89'W 44.00 I p`�' SEC. 20-117-23 624 \ 7\ ....... S60 \ ° tG !� SOg SS (0 ' oc\ N ,V\ D F \ 53 / ; cps° ' CP i ccj ter, Q� \ ASIcI�jE N 80° E � N ' •�•. o 00 17- Av 151 / �0) CAD V,V . GRONBERG & ASSOCIATES, INC. \ so o �o�,,i, � 191 O '9 SSSS O� \ o°yes jS>>9 \ V71 SW'LY RIGHT OF WAY LINE OF-\ H.C.S.A.H. NO. 19, PLAT 57 PER DOC. NO. T1672825 DETAIL NOT TO SCALE Know all persons by these presents that Casco Ventures L L C, a Minnesota limited liability company, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Lots 1, 2 and 3, Block 1, LEACH ADDITION Has caused the same to be surveyed and platted as SHADYWOOD VILLAS, and does hereby dedicate to the public for public use forever the public way and the drainage and utility easements as shown on the plat. In witness whereof said Casco Ventures L L C, a Minnesota limited liability company, has caused these presents to be signed by its Chief Manager this day of , 20 Signed , Chief Manager STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20 , by , chief manager of Casco Ventures L L C, a Minnesota limited liability company, on behalf of the company. Notary Public, My commission expires County, Notarys printed name I, Mark S. Gronberg, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd.3 as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Signed this day of , 20 Mark S. Gronberg Licensed Land Surveyor and Engineer Minnesota License Number 12755 STATE OF COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Mark S. Gronberg, Land Surveyor and Engineer. Notary Public, County, Notarys printed name My commission expires ORONO, MINNESOTA This plat of SHADYWOOD VILLAS was approved and accepted by the City Council of Orono, Minnesota, at a regular meeting held this day of , 20 . If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City, or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA Mayor , Clerk RESIDENT AND `•TEAL ESTATE SERVICES, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat. Dated this day of , 20 MARK V. CHAPIN, HENNEPIN COUNTY AUDITOR By , Deputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to MINN. STAT. Sec. 383B.565, (1969), this plat has been approved this day of , 20, CHRIS F. MAVIS, HENNEPIN COUNTY SURVEYOR COUNTY RECORDER, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of SHADYWOOD VILLAS was recorded in this office this day of , 20 , at oclock M. ENGINEERS, LAND SURVEYORS, PLANNERS MARTIN MCCORMICK, COUNTY RECORDER By , Deputy *h 41 3 00 0 2s DK 0 v, 2SS 02 Leach Addition Excerpt PC Exhibit B 16-3881 44 ell Vk C-5 a.' `. S Of 0 YO Oj w r 6) jr D Z -S'*& 00/0 0 z 00 0 m 0 (D Cf) cr W Date Application Received: 08/17/16 Date Application Considered as Complete: 09/01/16 120 -Day Review Period Expires: 12/30/16 REQUEST FOR COUNCIL ACTION Date: 22 November 2016 Item No. 9 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis rOGG ymPlanning Title: Planner Item Description: #16-3862, Robert Lund, 2732 Caroline Ave, Variance & CUP — Resolution Application Summary: At the November 14th meeting the City Council approved the CUP and variances for the guest house based on the modified garage plan provided that day. As directed, staff has revised the resolution to reflect the 2nd story addition to the existing detached garage for approval. Planning Staff Recommendation Staff recommends approval of the revised project. A revised approval resolution has been provided for Council's consideration. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Draft Resolution, Revised Exhibit B. Draft Council Minutes 11/14/16 Council Exhibit A CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1437 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-328 FILE NO. 16-3862 WHEREAS, Robert Thomas Lund and Maria Cote Lund, a married couple (hereinafter the "Applicants"), are the owners of the property located at 2732 Caroline Avenue and legally described as: Tract B, Registered Land Survey No. 1451, accorded to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on August 17, 2016, the Applicants made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1437 and a conditional use permit pursuant to Section 78-348 to allow conversion of an existing 1,164 square foot detached garage to a guest house; and WHEREAS, according to Orono Municipal Zoning Code Section 78-1437 plumbing including a shower or bathtub is permitted in an accessory building that is conforming in location, size, and height; and WHEREAS, the existing detached garage exceeds the permitted maximum accessory structure footprint size by 164 square feet; WHEREAS, on September 19, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 19, 2016, the Planning Commission recommended approval of the variance and conditional use permit as requested; and WHEREAS, on October 19, 2016, the Applicants submitted a revised plan removing the second story from the guest house plans; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, on November 14, 2016, the Applicants submitted an additional revised plan reintroducing a modified second story to the guest house plans; and WHEREAS, on November 14, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, on November 14, 2016, the City Council reviewed the modified plans and directed staff to amend the findings of the drafted approval resolution to include the guest house as modified; and NOW, THEREFORE, BE IT RESOLVED that on November 28, 2016, the City Council of Orono, Minnesota hereby approves the requested variance and conditional use permit as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3862. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1C, One Family Lakeshore Residential Zoning District. 3. The Property contains 1.25 acres in area and has a defined lot width of 120 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. The purpose of City Code Section 78-1434 is to regulate overall massing on individual lots, in relation to the lot size. Lots up to 1.99 acres are limited to a total structural level of 15% of the total lot area. Additionally lots up to 1.99 acres are permitted one accessory building up to 1,000 square feet in area; and additional accessory buildings less than 1,000 square feet up to a maximum total of 2,000 square feet of accessory building. 6. The existing detached garage is nonconforming because exceeds the accessory building footprint limit for a property with an area between 0-1.99 acres by 164 square feet. 7. Applicant has applied for the following variance[s]: a. Variance to permit conversion of an existing non -conforming detached garage to a guest house. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 8. The Applicant has applied for the following conditional use permit: a. Guest house CUP 9. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: Variance Analysis: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance..."The proposed variance will be in harmony with the intent of the Zoning Code as the structure is existing. The two story addition will be conforming with respect to setbacks, and height. 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The variance resulting in a guest house to be constructed in a new upper floor of the existing nonconforming residential garage in a residential zone is consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The size of the garage was not the result of actions by the Applicants. A guest house is permitted on residential properties which meet the size requirement. The 164 square feet of additional structure is minimal, reasonable, and will not result in the building appearing to be too massive on the Property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The detached garage is an existing building on the Property not constructed by the Applicants. c. The variance, if granted, will not alter the essential character of the locality. " CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The Property is 1.25 acres in area, the proposed guest house use within a second story addition to the existing detached garage will not alter the character of the neighborhood. The total footprint of the detached garage exceeds the limit by 164 square feet, however 151 square feet of the overage is open deck and will not be as impactful on the appearance of massing. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration based on economic reasons. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This criterion is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." The residential use on this residential property is permitted. This criterion is not applicable. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criterion is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The garage, constructed in 1996 by a previous owner as a replacement to a then existing detached garage, is nonconforming with respect to size on this 1.25 acre property. The proposed guest house use and 2nd story addition will not increase the nonconformity (footprint size). 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is 1.25 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants have indicated that this is true. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Applicants have indicated that, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. although permitted to construct a separate, conforming guest house building less than 1,000 square feet in footprint, they wish to minimize hardcover by utilizing the existing nonconforming structure. Conditional Use Permit Analysis: The Planning Commission may recommend and the Council may grant a conditional use permit as it was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan. The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The guest house will be otherwise conforming in location, and height on the Property; the proposal to convert the existing nonconforming detached garage into the guest house requires a variance due to the nonconforming footprint size. 3. Adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. 4. Provided with an adequate water supply and sewage disposal system. The proposed guest house will be connected to City sewer and water 5. Not expected to generate excessive demand for public services at public cost. Staff believes this criterion is met. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The proposed addition to the detached garage for the guest house space is residential in character and its use is expected to be compatible with the surrounding area. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The guest house is residential in visual character and is expected to be compatible with the surrounding area. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The architectural styling of the proposed guest house is expected to be residential in character and consistent with that of the principal structure on the Property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 9. Not expected to substantially impair the use and enjoyment of the properties in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The use of the structure as a guest house is not expected to have any adverse impacts. No information has been presented to indicate such. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The existing detached garage and therefore the addition for the guest house will not be significantly visible when viewed from off the property due to location on the lot. No additional screening or buffering is recommended. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed guest house use is not expected to cause any of these undesirable impacts. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. It is anticipated that the proposed guest house use will not generate any of these undesirable issues. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed guest house will not affect these features or have a negative environmental impact. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. Applicants are hereby advised of this requirement; and 15. Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1437 and a conditional use permit pursuant CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. to Section 78-348 to allow conversion of an existing 1,164 square foot detached garage to a guest house with garage; subject to the following conditions: 1. Council approval is based on the survey by Sathre-Bergquist, Inc., dated July 27, 2016 and updated on August 2, 2016 and building plans submitted by the Applicants drawn by Paul Vogstrom, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. All exterior lighting associated with the guest house shall be downward cast and not directed off the Property. 3. The Applicants agree to covenant the following regarding the guest house: a. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. c. If the Property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. d. In subdivision approval, the setback required for the oversize accessory structure shall remain. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the approvals will expire on that date (November 28, 2017). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 28th day of November, 2016. ATTEST: CITY OF ORONO: Diane Tiegs, City Clerk A Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Property Owner This instrument was acknowledged before me this day of 2016, by Robert Thomas Lund, husband of Maria Cote Lund. STATE OF MINNE" COUNTY OF HENN m This instrument was acknowledged before me this day of 2016, by Maria Cote Lund, wife of Robert Thomas Lund. Notary Public E 10� .n N 1 \ 1 \ yocq v P C �EQ1 PS$T NNW � p291 1 a \�p� O�NPFk9294 ,.Y .. V �C , WNMU ,U \ - l'l \ Ld HillR . III ,N_K_�. �Idfl' s _ W n Z W o LL o LL LU E Lu "s lu s�U�sga�:oaab h F- Q W _ a W m O N W q�� U s8a� ]sed r a �a -._ ._» p. ®oa.p o•Qa�i®ohq.®®� x 10� .n N 1 \ 1 \ yocq v P C �EQ1 PS$T NNW � p291 1 a \�p� O�NPFk9294 ,.Y .. 4.� m �;3awo� 5�sau��wa£ 03�.�€wraa H. ho'�o=gpp Resol Ex A V �C , ,U \ l'l \ Ld 4.� m �;3awo� 5�sau��wa£ 03�.�€wraa H. ho'�o=gpp Resol Ex A Resolution Ex B NW`ONOHO 3AV 3NI-IOHVO FELL 3snOH is3no GNm r wa1960A-llned : (q umejd NW`ONOHO and 3NI-IOHVO ZELZ N J 3snOH is3no GNm wa1960A-lloed : (q umejd Z O Q z O LL NW `ONOHO 3AV 3NMHVO UZZ; Co wals6o� l ned 3snOH is3n!D GNfl� J A-iInEAe a NW `ONOHO 3AV 3NMHVO UZZ d- wais6o� l ned 3snOH is3n!D GNm A-iIn,a LL W W Council Exhibit B MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 13. #16-3862 ROBERT LUND, 2732 CAROLINE AVENUE, VARIANCE AND CONDITIONAL USE PERMIT City Planner Melanie Curtis stated the property owner originally proposed to construct a second story addition over their existing detached garage to use as a guest house. After receiving bids for the construction, the applicants have decided to scale back the project and remodel the interior of the existing detached garage to function as a guest house. The Planning Commission held a public hearing and recommended approval of the original plan. They have not reviewed the revised plan. The City Council should review the plan and make a decision. Planning Staff recommends approval of the revised project. A conditional use permit is required as well as a variance because the existing footprint is larger than 1,000 square feet. A draft approval resolution has been provided for Council's consideration which will need to be amended and adopted at the next City Council meeting. McMillan noted there does not appear to be very many changes with the revised plan. McMillan asked if there are any factors the City Council should consider with the new proposal. Curtis indicated the original plan was a full second story and the revised plan has an expanded dormer look to accommodate the second story with some areas in the roof that will be used for storage. Curtis stated the revised plan is basically pretty similar to what was presented to the Planning Commission. McMillan asked if it is the same footprint. Curtis indicated it is. Walsh moved, Cornick seconded, to direct Staff to amend the draft approval resolution to grant a conditional use permit and variance to allow the remodel of the interior of the existing detached garage to function as a guest house for the property located at 2732 Caroline Avenue. VOTE: Ayes 4, Nays 0. Department Approval: Name Jessica Loftus Title City Administrator REQUEST FOR COUNCIL ACTION Administrator Reviewed: Y11j 4 Item Description: Wayzata Fire Service Agreement DATE: November 28, 2016 ITEM NO: 10 Agenda Section: City Administrator's Report ATTACHMENTS: Letter from Wayzata & Fire Protection Agreement BACKGROUND Our records indicate the City of Orono has contracted with the City of Wayzata for fire service to a portion of Orono since (at least) 1962. The 2017 Fire Protection Agreement is attached and is unchanged. The annual service charge for fire service is based upon the percentage of calls in Orono for the preceding three-year period. 2016 expenses chargeable to Orono: 2016 Operating Budget $505,605 Less State Fire Relief Association payment: ($63,000) $442,605 x 7.62% (calls percent) = $33,726 Less 2015 budget to actual reconciliation: ($1,539) = $32,187 For comparison purposes, the table below shows the previous years: Wayzata Fire Budget from Previous Year Calls in Orono Calls in Wayzata Total Calls June 1, 2013 -May 31, 2014 22 258 280 June 1, 2014 -May 31, 2015 22 294 316 June 1, 2015 -May 31, 2016 23 260 283 8.31% 67(7.62%) 812 (92.38%) 879 2016 expenses chargeable to Orono: 2016 Operating Budget $505,605 Less State Fire Relief Association payment: ($63,000) $442,605 x 7.62% (calls percent) = $33,726 Less 2015 budget to actual reconciliation: ($1,539) = $32,187 For comparison purposes, the table below shows the previous years: Wayzata Fire Budget from Previous Year Orono % of Calls Orono Expense 2010 $391,800 6% $23,508 2011 $386,100 7% $27,027 2012 $388,358 9% $36,816 2013 $397,528 9% $35,777 2014 $421,985 8.31% $35,067 2015 $395,855 7.5% $29,689 2016 $431,249 6.8% $29,324 2017 $442,605 7.62% $32,187 COUNCIL ACTION REQUESTED Consider a motion to approve the Wayzata Fire Service Contract with the City of Wayzata and approve payment for fire protection services. FIRE PROTECTION AGREEMENT CITY OF ORONO THIS AGREEMENT, made and entered into this day of 2016, by and between the CITY OF WAYZATA, a Minnesota municipal corporation, hereinafter referred to as "Wayzata", and the CITY OF ORONO, a Minnesota municipal corporation, hereinafter referred to as "Orono": WITNESSETH: WHEREAS, Wayzata maintains a volunteer fire department; and WHEREAS, Orono does not maintain a fire department and desires to purchase fire protection from Wayzata; NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: 1. Services to be Rendered. During the term of this agreement, Wayzata shall furnish fire fighting services to that portion of Orono shown on the attached Exhibit A. Such services shall be substantially the same in extent and quality as those rendered by Wayzata within its own corporate limits and shall utilize the equipment and personnel of Wayzata. 2. Term. Wayzata undertakes to provide such services during the period beginning midnight, January 1, 2017 and expiring at one minute before midnight December 31, 2017, unless extended in accordance with the provisions hereof. 3. Compensation. Orono agrees to pay to Wayzata and Wayzata agrees to accept as payment for services rendered an annual charge based upon the percentage of calls in Orono for the preceding three-year period, calculated against the Wayzata Fire Department's operating budget for the contract year. 4. Command Responsibility. The Fire Chief of Wayzata or his deputy shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within Orono, and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or his deputy shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all firefighting and emergency operations at such scene or scenes, including the direction of police officers at the scene with respect to traffic control, protection of citizens and other incidents of the emergency. 5. Orono Not Responsible for Expenses. All expenses of maintaining Wayzata's equipment, apparatus, salaries, insurance premium and any and all other items of expenses connected with the services to be performed by Wayzata under this agreement shall be at the sole expense of Wayzata, and the sole amounts payable from Orono to Wayzata shall be the amount specified above in paragraph 3. 6. Nature of Wayzata's Undertaking. Without limiting the generality of the foregoing, the Fire Chief of Wayzata or his deputy will have the sole discretion as to the firefighters and equipment that will answer each alarm, provided that protection will be reasonable considering available firefighters and equipment, as outlined in paragraph 4. Wayzata will exercise reasonable judgment in whether it is unable to respond or to respond promptly or to respond with only limited firefighters and equipment, or is delayed in responding to a call by reason of answering a previous call. 7. Extension. This agreement may be extended for successive terms of one year upon the mutual written assent of both parties entered into prior to the expiration of the then current term. 8. Insurance. Wayzata agrees to maintain liability insurance for its services and shall include Orono as an additional insured for the term of this contract and any extensions thereof. Wayzata shall maintain insurance equal to or greater than the maximum liability applicable to municipalities as set forth in Minnesota Statutes, Section 466.04, subd.1. Wayzata shall also maintain workers' compensation coverage as required by law. Proof of insurance shall be provided in the Appendix to this agreement 9. Indemnification. Wayzata agrees to defend and indemnify Orono against any claims brought or actions filed against Orono or any officer, employee, or volunteer of Orono for injury to, death of, or damage to the property of any third person or persons, arising from Wayzata's performance under this contract for services. Under no circumstances shall Wayzata be required to pay on behalf of itself and Orono, any amounts in excess of the limits on liability established in Minnesota Statutes, chapter 466 applicable to any one party. The limits of liability for Orono and Wayzata may not be added together to determine the maximum amount of liability for Wayzata. 10. Agents and Employees. No voluntary fire fighter, agent, employee or official of Wayzata shall at any time or in any manner be deemed to be a voluntary fire fighter, agent, employee or official of Orono by reason of the performance of work or the providing of services for or on behalf of, or within the territorial limits of, the City of Orono. 11. Assignment. This Agreement may not be assigned by either party hereto without the other's prior written consent. 12. Amendment. This Agreement embodies the entire agreement between Orono and Wayzata with respect to the subject matter hereof, and all prior discussions, negotiations and agreements are merged herein. This Agreement may be amended or modified only by an agreement in writing by the City Councils of both Cities and executed on behalf of both Cities. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: ATTEST: CITY OF ORONO City Administrator Mayor City Manager CITY OF WAYZATA Mayor REQUEST FOR COUNCIL ACTION DATE: November 28, 2016 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs Title: City Clerk Y"-4 Item Description: 2017 Liquor License Approval Attachments: Liquor License Applications and Violation 2017 ANNUAL LIQUOR LICENSE RENEWALS: 1. Orono Public Golf Course — Violation August 18, 2016 265 Orono Orchard Road South Orono, MN 55391 2. O'Sullivans Holiday/Voyageur Service Centers 2420 Shadywood Road Navarre, MN 55392 3. Spring Hill Golf Club 725 County Road 6 Wayzata, MN 55391 4. Wayzata Country Club 200 Wayzata Blvd. Wayzata, MN 55391 5. Wood Enterprises Inc. DBA Navarre Liquors 3421 Shoreline Drive Navarre, MN 55392 6. Woodhill Country Club, Inc. 200 Woodhill Road Orono, MN 55391 City Administrator's Report The 2017 Liquor License Applicants have submitted all the requested documents and have met all requirements. Council Action Requested: Consider a motion to approve the above listed liquor license renewals for 2017. REQUEST FOR COUNCIL ACTION DATE: November 28, 2016 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs Title: City Clerk Y"-4 Item Description: 2017 Liquor License Approval Attachments: Liquor License Applications and Violation 2017 ANNUAL LIQUOR LICENSE RENEWALS: 1. Orono Public Golf Course — Violation August 18, 2016 265 Orono Orchard Road South Orono, MN 55391 2. O'Sullivans Holiday/Voyageur Service Centers 2420 Shadywood Road Navarre, MN 55392 3. Spring Hill Golf Club 725 County Road 6 Wayzata, MN 55391 4. Wayzata Country Club 200 Wayzata Blvd. Wayzata, MN 55391 5. Wood Enterprises Inc. DBA Navarre Liquors 3421 Shoreline Drive Navarre, MN 55392 6. Woodhill Country Club, Inc. 200 Woodhill Road Orono, MN 55391 City Administrator's Report The 2017 Liquor License Applicants have submitted all the requested documents and have met all requirements. Council Action Requested: Consider a motion to approve the above listed liquor license renewals for 2017. Proudly Serving Oreo, Minnatonks Beach, Spring Park and Mound Dedicated to Faimom, Service, Ade and Quailty To: City of Orono Date: August 22, 2016 Subject: Alcohol Compliance Checks On Thursday, August 18, 2016, the Orono Police Department conducted compliance chwAw at license holders in the City of Orono Orae license holder failed the check and sold alcohol to an underage person. Tho following bwkwes felled the compliance checIL Orono Golf Course 265 Orono Orchard Rd S Orono, MN 55391 All businesses involved were sent letters notifying them of their ooinpliance check status. We have forwarded the results of failed compliance checks to the city attorney for review of possible charges. Sincerely, Josh haze #526 Police Officer Orono Police Department JRw Marling Address: 2730 Kelley Parkway w Orono, MN 55356 Paike 9LI • Administration 952-249-4704 a Non -Emergency 952258-5321 • Fax 952476-3028 Website: http://www ei.o ono.=.us/poUce a DIVISION 1. - GENERALLY Sec. 34.411. - Revocation or suspension of licenses and permits. (a) On a finding that the license holder has said alcoholic beverages to another retail licensee for the purpose of resale, purchased alcoholic beverages from another retail licensee for the purpose of resale, conducted or permitted the conduct of gambling on the licensed premises in Woledw of the law, failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under Minn. Stat, § 340A.508, subd. 3, or failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages, tha city division may revoka the lk—.vnse, cuspand the lioenst: or pannit for up to 60 dsys, Impose a civ;I pzna;041 of up U% $2,0,00.00 for each WbMilc3n, or Impose any cornbinatlon cf these sanctions..h'a„, Z^ r 4 t ti r , .• , � �- "S �.�. r. r'. .,,,►:JtiS�. .G a.�r „�,� �L�E. ��E�. �. �'�r! 3pl*o�t,.'�. ,} r 1-". 1 1:.4, •j tl'k ob St -11 Rf 14 57-1.1 0. This section does not require a hearing before an employee of the office of administrative hearings. Imposition of a penalty or suspension -by either the Issuing authority or the commissioner does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stud maximum. (b) Multiple vralatkum are computed by checking the time period of the three years immediately prior to the date of the most current violadon. (0) are as follows. lavibWon 1 $500.00 2w%WI MI 1 $1,000.04 and 3 day license suspension 3+vfofrtlwt 4I'olat%n $2,000.00 amd 2 week suspaiwfon Licosa revocation The penalty for Wo dbna without a presumptive penalty shall be determined by the city council. (d) Nothing In this section shall restrict or limit the authority of the council to suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 fvr each dation, Impose any oombination of these sanctions, or take any other action in accordance with low; provided, that the Wense holder has been afforded an opportunity for a hearing in the rnenner provided in this chapter. (Code 1984, § 4.02(4)(H); Ord. No. 51 3rd series, § 1,10-13 2008) Suis Lair reference-- Similar provisions, Minn. Stat. § 340A.415. Aannesota Department of Public Safely Alcohol and Gambling Enforcement 445 N>nnesota Street, Snits 222 St Paul, NW 55101 V:__,......: 651-201-7500 RENEWAL OF LIiQUOq , WM, CALUB OR 3.2% LICINUS . _ 1+b liom = wil'I ur apprtm orxele= d WI d r $2i) Re W ter Ice Cwd ke is reeciveJ by A CurWi wL1 mb!hg Enfiw+,&.rdnt Licensee: Please verify your lioease information eotrtained below. Make cotrections if neeesse y and sign. City C1erklCouuty Auditor should submit this steed mno" with compiewd license and licensee liquor liability for the new license period. City C1erklCourdy Auditor are also rogt&W by NLS. 340A.404 S.3 to report any liccnso cancellation. Lice Code OA1;SS Meuse Period Ending 1213112016 IDN 18397 ISSUNG AliTTH017TY Orono Liceusee Name City of Orono Trade Name Orono Public Golf City, State, Zip Code *265 Orono Orchard Rd 5 Orono MN 55391 Business Phone 9524731909 Uc=0FM: Ori Sale GitSale $5,004.00 Sunday $"100.00 By signing this renewal application, applicant certifin that there hu been no change in ownership an the above name( Newsm pbr changes In ownership, the licensee nambd above, or for new license, full applications should be used. S back of this application for further information needed to complete this rnewval. A►noli owes signature on this renewal confltnrs $he Ing: Failure m newt any of the followleee may melt in_eW l oenaMiL 1. Licensee confirms it has na interest'vdi tsoever, directly or indirectly in any other liquor esUblishments in Minnesota. If so, give details on back of this application. 2. Lie== confirms that it bas never had a liquor licama nj acted by any city/township+county in the state of eta. Ifever rejected, please give details on the back of this reaewel, then sign below. 3. Licensee canlirms tient for the past five yeam it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has ocu rre d, please give details on t— .19ck oflris tone , that sign below. 4. Licensee ccmfir= that during the past five yew it or its employees have not been cited far arty civil or crimisl liquor law violadom. If violations have occurre4 please give details on back oftbis renewal, then sign below. 5. Lim cumfirms that dming the past Incense year, a summons has not been issued underthe Liquor Liability Law P= Shop) AM 340A.S02. If yes, attach a copy afore summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attaehed a liquor nubility Insurance eerdficate that corresponds with the license period in city/tounty where license is issued. $100,000 in weir or securities or St00,000 surety bond may be submitted In lieu ofliquor 111sbility. (3.2& liquor Heenm are exempt'ILmdes ar*less than S25AN at on sale, or $50,000 at off sale). Ar Licensee Sig nate � r . ` ` .' I _ DOBE ;,SSS �4 Dater (Sig inure certifies all alwh it1V=1 `` to be correct and license has been approved by city/munty,3 3� ' City Clc&CovntyAuditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/comty as stated above.) County Attorney Signature County Board, issued licenses Police/Sheriff Signature Sigmbre certifies licensee or aaso violations on b" that sign h= Vic k4aaA I SAO/#% fl)C X is eligible for license). for idy statMocd ligsor law violetices ( P during Ike peat five years Report 10111 Fee. - Date Paid: Receipt #: APPLICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR, WINE, CLUB AND 3.2 PERCENT MALT LIQUOR LICENSES City of Orono 2750 Kelley Parkway, P.O. Box fib Crystal Bay, MN 55323 Phone: (952) 249-4600 Directions: Thls farm must be Wed out with typewriter or by printing in Ink. if me application is by an individual person, by such person; if by a corporation, by an officer thereof, If by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer. License year: 2017 (January 1 — December 31) License type: (check all that apply) ❑ On Sale intoxicating Liquor ($5,000.00) ❑ Club ($200.00) ❑ Wine ($2,000.00) ❑ 3.2% On -Sale ($100.00) ❑ Sunday Liquor ($200.00) ❑ 3.2% Off -Sale ($50,00) ❑ Off Sale Intmdcating ($150.00) 1. Complete the following information for the Licensee. Licensee (Na me of Individual, Partnership, Association or Corporation —Legal Name of the Buskum Trrtity) Middle Name ,��,y st N me Orono Golf Course pate of Birth Phone ?� am dress Y' �t.vn �. Business Trade Name First Name Middle Name La Name Orono Golf Date of Birth Home Address Business Address (rust be physical street address, na Po hones) City City State Zip Code 265 Orono Orchard Road Middle Name Wayzata MN 55391 Mailing Address (ifdlfferant) Horne Address City state Zip code PO Box 66 Crystal Bay Road up Code Orono MN 55323 Contact Name Phone E -Mail Address Ron Steffanhagen 952-215-8160 rsteffanhagen@ci.orono.mmus 2. If the above named licensee is an individual, complete the following: First Name Middle Name Homa Address Phone I Last Name I Date of Birth City State Zip Code Email If the above named licensee is a partnership, association, or corporation, complete the fallowing for each partnerlofficar. A. B. C. First Name Middle Name ,��,y st N me Title pate of Birth Phone ?� am dress Y' �t.vn �. State Zip Co a Q.� h h .�' First Name Middle Name La Name Titre Date of Birth Home Address City State Zip Code Phone First Name Middle Name last Name Title Date of Birth Horne Address City State up Code Phone Ore.: Page 4 Before an on -sale Intoxicating liquor license Is issued under this division to an Individual who Is a nonresident of the city, to more than one individual whether or not they are residents of the city, or to a corporation, partnership or association. the applicant shall appoint In writing a natural person who lives within 25 miles of the licensed establishment In the city as its manager or agent such manager or agent shall, by the terms of his written consent, take full responsibility for the conduct of the licensed premises and serve as agent for service of notices and other process relating to the license. such manager or agent must be a person who, by reason of age, character, reputation and other attributes, could qualify Individually as a licensee. If such manager or agent ceases to live within 25 miles of the city or ceases to act in such capacity for the licenses without appointment of a successor, the license Issued pursuant to such appointment shall be subject to revocation or suspension. (Orono Minnesota City Code 3485) 3. Complete the following information for the manager of the above-named business: First Name Ron Stleffenhagen Home Address Middle Name City Last Name Phone Email rsteffenhagen&l.orono.m n.us 11.1 4. Has there been a change of manager. opera#i afficer or agent in charge of the licensed premises since the date of the last renewal appllcation . (T ' is defined as the person responsible for day-to-day operating decisions of the premises.) No; Yes. If yes, describe the changes and the date of City Council approval (if required). 5. Have there been any changes in ownership or control of the licensee or enlargement or alteration of the licensed promises since the date of the last renewal plication? (This includes any transfer of stock or change of officers or directors of a corporation.) 4LNo; Yes. If yes, describe the changes and the date of City Council approval (if required). 8. Have there been any other changes to the information containin the original or previous renewal applications which have not been submitted to the City? V No; Yes. If yes, describe these changes andfor include floor plan. 7 Are any real estate taxes, personal property taxes, special assessments or other financial claims of the City of Orono delinquent or unpaid for the premises licensed? �/r No; Yes. If yes, give details. 8. Have you received any summons during the past year under M.S. 340-951 ?/(This is a claim for injury resulting from the sale of liquor fled under your dram shop insurance.) No; Yes. If yes, attach a copy of each summons received. Page 5 9. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. 10. As the parson executing this application for this license, I acknowledge that an investigation will be conducted for use in determining my qualifications. 1 hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. i hereby release the City and any organization, oompany or person furnishing Information to the City, as expressly authorked above, from any liability for damage which may result from furnishing the information requested. 11. In accordance with M.S. 13.04, the information requested on this form will be used by the City of Orono In the issuance of your license or processing of your renewal application. Per Chapter 30 of the Orono Minnesota City Code, a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant may be conducted to verify the information provided with the application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. Signature of Print Name Title Date For Office Use Only Review by Administration: ❑ Approved ❑ Denied ❑ NA By. Review by Po[W Department: ❑ Approved 0 Denied ❑ NA By: . Page 6 Certificate of Compliance Minnesota Workers' Compensation Law PRINT IN INK or TYPE. Minnesota Statutes, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Chapter 176. If the required information is not provided or is falsely stated, it shall result in a $2,004 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry. A valid workers' compensation policy must be kept in effect at all times by employers as required by law. LICENSE or CERTIFICATE NO (if applicable) BUSINESS TELEPHONE NO. I FAX TELEPHONE NO. 952-473-1909 1 952-249-4616 BUSINESS NAME (Use the person(s) name if business structure Is sole proprietor or partnership (i.e., John Doe, or John Doe and Jane Doe), otherwise it is the legal name of the business entity.) City of Orono DBA ("doing business as" or also known as an assumed name) (if applicable) Orono Public Golf Course BUSINESS ADDRESS (must be physical street address, no PO boxes) CITY STATE ZIP CODE 265 Orono Orchard Road 5 I Wayzata MN 55391 COUNTYj E-MAIL ADRES5 Hennepin I` YOUR LICENSE OR CERTIFICATE WILL NOT BE ISSUED WITHOUT THE FOLLOWING INFORMATION. You must complete number 1 or 2 below. NUMBER 1— Workers' compensation insurance policy information INSURANCE COMPANY NAME (not the insurance agent) ke , POLICY NO. Z_to EFFECTIVE DATE NAIC Number. EXPIRATION DATE NUMBER 2 — Reason for exemption from workers' compensation insurance if you have questions regarding the need to obtain workers' compensation coverage, Including exemptions, contact 651.284.5032 or 1800-342-5354. B1have no employees. (See Minn. Stat. § 176.011, subd. 9 for the definition of an employee.) I am self-insured for workers' compensation (include a copy of authorization to seflnsure from the Minnesota Department of Commerce). ® I have employees but they are not covered by the workers' compensation law. (See Minn. Stat. § 176.041 for a list of excluded employees.) Explain why your employees are not covered: ❑ Other: I certify that the information provided on this form is accurate and complete. If I am signing on behalf of a business, I certify that I am authorized to sign on behalf of the business. APPLICANT SIGN AT E m awry) TITLE DATE 19C.V) SQ ff —A" -I,6 NOTE: Yhu must notify us Ifth#A1 any change to your workers' Compensation Insurance Information 6r 15rnployee Status Change by resubmitting this form. This material can Wmade available in different forms, such as large print, Braille or on a tape. htt .Uwww.dn.mn.xoylwCIPDF/mnuc0a odF LIC 04 (9/12) Page 7 Form SP -CI LICENSE APPLICANT; Pursuant to Minnesota statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this Information - 1 . nformation:1. This information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this Information to the Internal Revenue Service; 3. Failure to supply this information may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency issuing the license. 00 NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE BEING APPLIED FOR OR RENEWED: 2017 On Sale, Liquor & Sunday LICENSING AUTHORITY: City of Orono, Hennepin County, Minnesota LICENSE RENEWAL DATE: PERSONAL INFORMATION (If applicable): Applicant's Name: Ronald Steffenhagen (First) (Middle) (LM) Applicant's Address: S Social Security Number. BUSINESS INFORMATION (If applicable): Business Name: Orono Public Golf Ci Y-1 Business Address: 265 Orono Orchard Road Orono MN 55391 (met) (Cr) (state) (ZIP) MINNESOTA TAX IDENTIFICATION NO: 80330599 FEDERAL TAX IDENTIFICATION NO: 41-6008585 If a Minnesota Tax I ntificiatign number is not required, please explain on the reverse side. signature Position i0f&;er. Partner etc.) Data Page 5 AFFIDAVIT ESTABLISHING THAT NO INSURANCE IS REQUIRED FOR 3.2 PERCENT MALT LIQUOR LICENSEES OR HOLDERS OF ON -SALE WINE LICENSES 3.2 percent malt liquor licensees and holders of on -sale or temporary wine licenses may either show proof of insurance, or in place of insurance, provide an affidavit stating that their on -sale for the previous year is less than $25,000 and that the off -sale for the previous year is less than $50,000. Please complete the following information, check the appropriate license(s), sign and have your signature notarized. As licensee of Orono Public Golf Course , I certify that: (trade name of business) a My sales of on -sale 3.2 percent malt liquor were less than $25,000 for the preceding year. ❑ My sales of off -sale 3.2 percent malt lir were less than $50,000 for the preceding year. My sales of on -sale wine were less than $25,000 for the preceding year. ❑ 1 hold a temporary wine license issued under the law. VSignature of licensee: Date: STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 20 by as (person's name) (title) M (trade name of business) (STAMP) Notary Public Page 7 hVnnMft SHOL AUD GARKEW MUMINUMN 444Qd1w SLUM 2ZZ St pauf+ MR 551 Q1 5133 Gm) 2o1kiS47 f�1X 651 29i 1 i 1} 38 6555 ugma , ywr ktmrmm oal ukm tom. � Vn w wif gin. Gould Auditor afm� Us read w1h �' gWbd and � gqwr, *w em mw ��- Ldea tlodfi 3.2 FSL !� 12131!20. tD � a �—�--_ LtSrIPM Hum Voyageur Service Centers Ing Tri Nam O'Sulliwas, Holiday Lkww d Looton widrup 2420 aadywood Road city' ' ap cab Ormo, NLN 55392 Btu Pima 952-471-0955 ;40111EI Oft ago S50.00 008966 awwqfi B #illi ra WWM ems, 90OWd WfON ihat ftn him bw no ahem► In mod*. = UM hum MW"UA Or WWWO MirstOw d`dwanflais caw dw" to VM 1g ftw"*A tom+i d6fsdie an go t>m* offt wweA sw abn kipw. A #�. int UM b a tt, t E> cf Vi l tra m, 11 +n '. 2• � aordlr= itlr hO �d�*n ft R hw not tied a r' %rel ftar guar iery � � i�� r��r� h� 000w ��� dor! ilw �re+�►a�P91ie uhA furan 0 bWw. 3. Umma aordhim dW duri *,e PW *6 -D R Or NO e*b A" hM1W bumi a for WN od or arlmrlal tw bw *660= If Wit& two off, omb jfe dl an off dffs tur<gw* &ui Vma15n . 4, Lb&Erol #mt Ch1 t?le pelt bmw par, o cwmLv* hee IVA kwn tam un dgr art) ii ju@r I.mi i.wlu (own igho MR 34 . tf m aftoh o copy *12m ten, ton Is i , dow. � ii I oeiolr� ala In aftd foe the tA n Sapd.6. nro ht bait ffmdxU% dWftgm or MK or W eo gbm da1dW on to back of ft mnavi. L"ftft- tm tired a t*m lkbifNV too I'1&A+i T 50ham dw &w" 4 kmod, gq 60~V in eur+,ir to ibu uor ucarwe 00" 06 Slgiue n o cl: eia irdrai �a cam d 30MV Aur mei �t�t ponds t lice tl o Period In the W WMWrg*t Or a g1000D.W sunt bmd, tT ht by $a tG j� ararstll s �e b , ai by the �; ��ubr""-- L ! CDunw d fturrd flcel►r,ra� Iks� W. -%W for ollcel8f'Dub- �8ihnr a Ilasr or It" � for wW � vrj►� dna" duift to pmAt toym. RSW VbMmm an Grid !herr t4n ton. . fie eddy *. "i cal ul rut waheAft. Yau nayOft ad r "i ni; ' e ano�01 or lft% of ffes wage oftha e& *�i'jj6*td�slr k Wrwbe, pilm t�d±st att*=" to". r � v AFFIDAVIT ESTABLISHING THAT OCT 2 B 2016 NO INSURANCE IS REQUIRED FOR 3.2 PERCENT MALT LIQUOR LICENSEES OR HOLDERS OF ON -SALE WINE LICENSES 3.2 percent malt liquor licensees and holders of on -sale or temporary wine licenses may either show proof of insurance, or in place of insurance, provide an affidavit stating that their on -sale for the -previous year is less than $25,000 and that the off -sale for the previous year is less than $50,000. Please complete the following information, check the appropriate license(s), sign and have your signature notarized, As licensee of O'Sullivans Holiday . I certify that: (trade name of business) My sales of on -sale 3.2 percent malt liquor were less than $25,000 for the preceding year. ❑ My sales of aff-sale 3.2 Percent malt liquor were less than $50,000 for the preceding year. ❑ My sales of on -sale wine were less than $25,000 for the preceding year. [] I hold a temporary wine license issued under the law. Signature of licensee: Date: t,* �� � f 6 STATE OF MINNESOTA COUNTY OF HENNEPIN is instnarnent was acknowledged before me this Leu-- day of 20 l 1P by 13,6-4-- t�_ i>03 as SAar Act_iji..+--- _ (person's name) a (#itle) 0 name of business) L ROUFS (STAMP) SCHARLENE. NOTARY PUBLIC MINNESOTA rycoMml!!lal� 6tp11�Jaf.91, 2018 Notary Public Page 7 i[Gil Fee: Date Paid.• Receipt #. APPLICATION FOR RENEWAL OF ANNUAL INTOKICATING LIQUOR, WINE, CLUB AND 3.2 PERCENT MALT LIQUOR LICENSES City of Orono 2750 Kelley Parkway, P.O. Box fib Crystal Bay, NIN 55323 Phone: (952) 249-4600 Directions: This form must be fiW out with typewirifer or by printing in ink. If the application is by an individual person, by such person; if by a corporation, by an officer t5hemof; if by a partnership, by one of the partnerW if by an unincorpodrafed assoclation, by the manager or managing ofter, License year 2017 (January 'I — December 31) License type: (check all that apply) ❑ On Sale Intoxicating Liquor ($5,000.00) ❑ Club ($200.00) ❑ Wine ($2,000.00) 3.2% On -Sale ($100.00) ❑ Sunday Liquor ($200.00) 3.2% Off -Sale ($50.00) ❑ Off Sale Intoxicating ($150.00) 1. Complete the following information for the Licensee. Licensee (Name of Individual, Partnership, Assodadon or Corporation— legal Name of the Business Entity] Middle Name Michael Last Name O'Sullivan Voyageur Service Centers, Inc. Date of Birth " Home Address 8047 Ranchvtew Lane Business Trade Marne city Maple Grove state MN Zip Code 55311 O'Sullivans Holiday #546 First Name Middle Name last Name Business Address (must be physical street address, no PO bones) City State Zip Code 1420 Shadywood Road state Navarre MN 53392 Mailing Address (if different) Last Name qty state Zip Code PO Box 65 Navarre MN 55352 Contact Name Phone E -Mail Address John O'Sullivan 612-366-0163 johnosdnternet.net 2. If the above named licensee is an individual, complete the following: First Name Last V Home Address City Phone Email If the above named licensee is a partnership, association, or corporation, complete the following for each parinerloffloer. F_114 S. C. First Name John Middle Name Michael Last Name O'Sullivan Tdle Owner Date of Birth " Home Address 8047 Ranchvtew Lane city Maple Grove state MN Zip Code 55311 Phone 612-366-0163 First Name Middle Name last Name Title Hate of Birth Home Address Clly state Zip Corse Phone I s First Name Middle Name Last Name Title Date of Birth Home Address I qty state Zip Code Phone Page 4 Before an on -sale Intodcating liquor license Is Issued under this division to an individual who is a nonresident of the city, to more than one Individual whether or not they are residents of the city, or to a corporation, partnership or association, the applicant shall appoint In writing a natural person who lives within 25 miles of the licensed establishment In the city as Its manager or agent. Such manager or agent shall, by the terms of his written consent, take full responsibility for the conduct of the licensed premises and serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes, could qualify Individually as a licensee. If such manager or agent cwsees to live within 25 miles of the city or ceases to act In such capacity for the licensee without appointment of a successor, the license Issued pursuant to such appointment shall be subject to revocation or suspension. (Orono Minnesota City Code 34.85) 3. Complete the following information for the manager of the above-named business: First Name Middle Name Carol Ann Horne Address 61235 Angel Avenue 952-292-7080 Todd City Watertown Email Carol.toddl073@gmall.com Date of Binh State ZI p Code MN 55388 4. Has there been a change of manager, operating officer or agent in charge of the licensed premises since the date of the last renewal application? j1his is defined as the person responsible for day-to-day operating decisions of the premises.) No; Yes. If yes, describe the changes and the date of City Council approval (if required). 5. Have there been any changes in ownership or control of the licensee or enlargement or alteration of the licensed premises since the date of the last renewqI pplication? (This includes any transfer of stock or change of officers or directors of a corporation.) No; Yes. If yes, describe the changes and the date of City Coundl approval (If required). B. Have there been any other changes to the information con in the original or previous renewal applications which have not been submitted to the City? No; Yes. if yes, describe these changes and/or include floor plan. T Are any real estate taxes, personal property takes, special assis or other financial claims of the es City of Orono delinquent or unpaid for the premises licensed? No; Yes. B. Have you received any summons during the past year under M.S. 340.9 1, (This is a claim for injury resulting from the sale of liquor filed under your dram shop insurance.) No; I Yes. If yes, attach a copy of each summons received. Page 5 9. Applicant and his associates in this application will strictly comply with all the laws of the Stage of Minnesota governing the taxation and the safe of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. 10. As the person executing this application for this license, I acknowledge that an investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all Information which any organization, company or person may have, Including Information of a confidential or privileged nature. I hereby release the City and any organization, company or person furnishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 11. In accordance with M.S. 13.04, the information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. Per Chapter 30 of the Orono Minnesota City Code, a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant may be conducted to verify the information provided with the application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of revenue. Any falsification of answers to the above questions w111 result in denial of the application. of Applicant V :ry aft 0 6u l.i ir„hi n} Print Name Review by Administration. ❑ Approved ❑ Denied ❑ NA Review by Police De artment: ❑ Approved Denied ❑ NA Commerce: Title /a Date For Office Use Only By: Page 6 Certificate of Compliance Minnesota Workers' Compensation Law PRINT IN INK or TYPE. Minnesota Statutes, Section 176.182 requires every state and local licensing agency to Withhold the issuance or renewal of a license or permit to operate a business in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Chapter 176. If the required information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by the commTssioner of the Department of Labor and Industry. A valid workers' compensation policy must be kept in effect at all times by employers as required by law. LICENSE or CERTIFICATE NO (if applicable) BUSINESS TELEPHONE NO. FAX TELEPHONE NO. I 612-366-0163 NA BUSINESS NAME (Use the person(s) name If business structure is sole proprietor or partnership (Le., John Doe, or John Doe and Jane Dae), otherwise it is the legal name of the business entity.) Voyageur Service Centers Inc. DBA ('doing business ae or also known as an assumed name) (if applicable) O'Sullivan Holiday BUSINESS ADDRESS (must be physical street address, no PO boxes) CITY STATE ZIP CODE 2420 Shadywood Road Navarre MN SS392 COUNTY I E-MAIL ADRESS Hennepin johnos@tcinternet.net YOUR LICENSE OR CERTIFICATE WILL NOT BE ISSUED WITHOUT THE FOLLOWING INFORMATION. You must complete number 1 or 2 below. NUMBER 1— Workers' compensation insurance policy information INSURANCE COMPANY NAME (not the insurance agent) NAIC Number. 'ftr POLICY NO. EFFECTIVE DATE EXPIRATION DATE f f 36 /f 120 e,4 1 // // /2 0 17 NUMBER 2 — Reason for exemption from workers' compensation insurance If you have questions regarding the need to obtain workers' compensation coverage, including exemptions, contact 65..284.5032 or 1400.342-5354. e1have no employees. (See Minn. Stat. § 175.011, subd. 9 for the definition of an employee.) I am self-insured for workers' compensation (include a copy of authorization to self -insure from the Minnesota Department of Commerce). 1 have employees but they are not covered by the workers' compensation law. (See Minn. Stat. § 176.041 for a list of excluded employees.) Explain why your employees are not covered: ❑ Other: I certify that the information provided on this form is accurate and complete. If I am signing on behalf of a business, I certify that I am authorized to sign on behalf of the business. APPLICANT SIGNATURE (mandatory) TITLE DATE NOTE: YjWnust notify us if there is any cftange to your Workers' Compensation Insurance Informatlon or Employee Status Change by resubmitting this form. This material can be made available in different forms, such as large print, Braille or on a tape. http-lbe w.dii.mn.Qov/WC/PDELmnllc pdf LIC 04 (9/12) Page 7 Form SP -CI LICENSE APPLICANT: Pursuant to Minnesota statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: 1. This Information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this information to the Internal Revenue Service; 3. Failure to supply this information may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE BEING APPLIED FOR OR RENEWED: 3.2 Off Sale LICENSING AUTHORITY: _ City of Orono. Hennepin County, Minnesota LICENSE RENEWAL DATE:_ January 1. 2017 PERSONAL INFORMATION (If applicable): Applicants Name John Michael O'Sullivan (First) (Middle) (Lazo Applicant's Address_ _ 8047 Ranchview Lane _ Maple Grove MN 55311 (Swat) (City) (stare) (ZIP) Social Security Number: BUSINESS INFORMATION (if applicable): Business Name: O'Sullivans Holida Business Address: 2420 Shadvwood Road Navarre MN 55M (Street) (City) (State) (Zip) MINNESOTA TAX 10ENTIFICATION NO: 751820 FEDERAL TAX IDENTIFICATION NO: 41-0951420 If a Mirtesota Tax Identification number is not required, please explain on the reverse side. 1 A! ` A A � 0 I 11b12.0 //6 Page 5 cr3 � � 2 � 64 o � � . , | Cl■ �§§ &U § ■ Lee§ @� §2 PC -4w® 2 @ � §B �k § Mbinesot>s Dgmwb owt of PabBc .Safely Alcohol and Gambling Emin r c P mi ent 445 Mbwsota Sttw, %he +arr+ae.. iaw�e St POL; ISN 55101 651 -MI -7500 REWWAL OF LIQUOR WIl1TF►, CLUB OR 3.2% LICMES Ykemaee: Plmse vdt * your hoe= Adm awft=d blow. MaW=&d=1fw=svymdW Clay CWWClotutiy Alidillor a (Algid subm1t1* ASNd mnewd "with mmnood lige and Ems= ligam liWft fm the naw fiaamse paced. City C1aWC0u* Audit aro also required by MS. 341lA" S3 too rotart ary Ilam cWaellat = UcemnCodc MCLONSS Lic aPeriodlndla$ 12/3112016 M# 2821 ISSUNGAUMORM Orono IAoeasee Nana Spring Hill Golf Club Trade Name SPR M11 Coli Club Cllr, Staley Tip Code 725 6th Ava N Orono Basiam Piam Liiemse Feeet Off Sale 9524731500 $4.00 On Sams MN 55391 $200.00 Saa ft $204.00 By Aping lids Iran wal application, apldic mt oertiffes that then baa been no &2W la ovMffeh, on the abase armed Beau e. Pro changes In drwnershfPt the Hessaee samd abov% or J it new lloewam6 t"afl appliaa>;ians sbonid bs steed. N back of this, apron ibr for &W tnlbrmatlon ieedad to conVi ds tido renewal. A M&mnt% dontama mn 2=AM%HMrkM A91M 6a raeamt of the ti'aii0 ie�► 6..� 1. Lioeneee aogf MB it has m faaeoreet whmboom. directly ar hxtmotbr in my other liquor eslabl dmunts m lMmeeots, ffsn, give dbtails on hook efthls spp]icabm 2. l ee om5rms that it has never had a liquor llaemse njeawd by my 0- in y in on ab OfwffizwwtL ifever tejeded, plane She deWh an the back aftbk gyral. 2=WPbdow. 3. I3oenee confirms that ftft Peet five years it bas not had a Hgwz Bmmse t wdod for air Hgnor law vlalatbn NO ar local) If amwwWon has orated, please give ddafis ant he back offts mmma, then dgm Todaro. 4. Lica m ea ah= that daft the past fm yea® it or its eoaployms hove gat loam cited for ear dull or miminal ft" law vioiatioma. If vieb oes have oc Pteaae Sive detetls e n back of this renewal, film sign bdda+e. S. LJOMee confi = that dwk g the past ]krone year, a summons has not bem imaed umclettbe Ugttor Lisibl W Law Q)nnn Shop) NO 340AAM. if ym attach a copy of tbv nm®satte, than sign below. b. Menace =Mft s that Woda= CDMpeme dm ina ms= wfi1 be kept in effitd du ft the Beene pecied. Iloasase Ius atodmd m Eptor lid MW hwurs= MWdMeaia &2t oorreapomds wkh the lieease Plod is dfl*o mMy where Semm b ivasd. SHOW im *Wk er soca Mes or S10VW rarely band may be subn*W In ilea d qnw lbhffiip. CU& Bgaor fiodaaea are apt Unlas my hag than =on a« W Mj% qr$Myppp st adtsoW (( oet� n io be k sfld liamaa Ram ;SS# ,Dat �� [Sly CSealr/GMMWAuditor Stnetam Date (S Pater certifies ad wnewsl of a liquor. wince or club lige leas boas eppwvW bythe cat 7 u * as shed ab CDU9 Anmncy S%p*m COXMW Board issued liamsmis diPible%rlioeaae). P01iaelSherl$Sigieit= Dd==. SISurmcatdalacam or asamdm ahwkcd hr any etetoJlocal Ugaar hw violetia Report APPLICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR. WINE, CWB AND 32 PERCENT MALT LIQUOR LJCEMBES Cky af Orono 2760 Kelley Parkway, P.O. Box BB Crystal Bay, MN 55323 Phare: (952) 249.,= DlmWom Thls form must be Mod out wM hpPswNer or by pry In ink. if the appicaftn is by sn ftxffiftW pwwn, by mich person; 9 by a c wporaNln by an ditw >therll , y by a paftwd$, by oft of ft pwtwW ff by an assodbtlbn, by the marmVer or m~g otl9�ceer. Lleaeaaa year: 2011. - (January I -- Deoember 31) Llcans* tW (check all that apply) ❑ On Sale IntmIcating liquor ($5,000.00) [Club ($200.00) E:1 Wine ($2,000.00) Q 3.2% Ort -Sale ($1 OO.W) Balte Y Liquor (8200.00) ❑ 3.2% Off- tle (;50.00) ❑ Off sale inWoe in l ($160.00) 1. Cornpleb the fbllovring Ink mabon for the Uconsee. LiaMM (Name of MdMdnel, PertemesMM AaostelMn a` CdWM&n — Fad Nitre of the eta Enttty) Holme Addteu SpriMS Hili Golf Cub Phone Owkw s TM& Nana Date of Myth Sprtn3 Hilt Gaff Club 0 Suatnesa Addnae t must be phvd d attest eddm% no Po bo j my state Zip Cade 725 County Road 6 Oroero MN 55291 Metes Ad*= Of dtltimnt) Sty Saar 7Jp We Sam! a: aba►ve 1 Home Addrete Canted 1ttP I- mum EMaH AWMW leifmay S. Mingen 952-473-lM 1trEfeam" ft c m 2. If the al lm named licensee is an Individual, cofnplete the falkmMng: rim tWM Last Name t of ttMh Holme Addteu c*1 Setae ZIP laude Phone 6ttaD If the above named 11censee is a pedrorship, esaaocktIcn, or corpomdon, complain the fbllmft for each paw. A e. C Plrst Nartte �ttddM tam Lantra TRM Date of Myth Glen 0 Mason Presment :p r 1 Home Addrete CUy SCete Z* Code Ptmne 13956 Crown Hill Lame Minnetonka MN 55305 rem -%84M RMMM Middle t+gme tact panne TUM 000 of Rkth Brae! PhArnsnn 5ecratari Hans Addrem CRV State lip Code Phone 105 Ferndele Greer Waynts Mfg SM GIUMa gp . rM Nemo MMdM Name Lest Rame Ta oft of RIM DWW cMsb ► Treasurer Some AM= 3 Hamel dry SM HP Cad Phoma 7A�li Road Harvel MM 55340 763.8784037 Pape 2 Belors an commie Iniordemrtng Bgiror Iloera Is heard under this dWon to an Indhrldsel who hr a mmrasldaat of tins ft to e dmr oar Indlvlduld wlralh■r or no! %W ■m rssld■nb of the alar, orb a oorporatlon, p�nershtp or easoalsllon, do mor *ppibsnt 81121111sppolet in wrtllrrd a n■Iaral Person who Ihisa wNhln a mites of the Ilosnsed ss4ra4llehmsnt ft the dor eeIbe rrnerspsr or "ML Such mraa0sr ar epertt shell, tittle tsrrm of hla wrtlbtn oome o take fail raapor R 'noa the conduct of IV the licensed Pmaless lend serve ss spent far swvlm of nutim end alter prooeae relstinp to the baensa. Such nommen or anent must be a person who, by reseen of age, ehetacbr, reputatim and other atbdbube, oould qualify " es a semom Vouch nr■naper or egai oessais to live within 36 miles Of the GIIY Of a NOW to sot In such ecpsdtttforthe licenses without appoln oamcd of a suaeeesor, the 11"M Issued pursuant ft such ■ppoftnent shell be sulsi W to nwacam or sarapenGIM {Orono Mtbrlam aafa CIt Coda 34 49) 3. Catnplets the following Wdbrmsdon for therpt of the above-named buslnass: fts Nome Middle Name UNA Name „F,,,,,,, Jeffrey Stuart KrIn ori HO W Addreaa MY Seats t Maplewood Drive Long fate MW S6d Phone MUM Xd3.4 i7 k'fOgrr W Mac.com 4. Has two been a change of m megar, operadnag ofiloer or agent in charge of the licensed piWbas since the date of the lad r+arMW apPlicstlon7 (This is defined as the Person raspansible for daytc-day operating decisions of the premises.) CX No; _.Yes. If yes, describe the changes and the date of Clay Council apprmnl (If requhad). 5. Have there boon any changes ges In ownership or control of the licensee or enlargement or alteration of the licensed pr o mhm sines the date of the 106t ramewal application? (This includss any transfer of streak or elm of of ors or directors of a corporation) _X No; yes. If yes. desorlbe the charges and to date of Cil► Council approval (If requkW). 8. Have #we been ars/ oilier &ayes to the krfiom=Uon Gmtalned in the anginal or prevIous nmewai appllbollons which learn not been subm ted to the Clay? X No; � yem If ye% describe these tdWges and/or kwkWe flow plan. 7. Ars any real estate two% personal property taxes, 8pKW moments or other Inancdal claims of the City of Orono delinquent or unpaid for the premises licensed?_ No; _ yes. If yes, give detalls. 8. Have you reoerlred any summons during the past year under M.S. 340.961? (This Is a cdaim for injury resulting from the sale of Hquor fled under your drum shop Insurance.) _ aC No; Yes. If yam, attach s copy of each Summons received. g. Applicant and his associates in this application will 8Wod y comply with al the laws of the state of Minnesota governing the Wmtion and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono My Code, and i hereby Y that I have reed the fi waWng questions and that the answers to said questions are true of my own knowledge. 10. As the person executing this application for this license, I acknowledge that an Invendgaft wig be omxWcbd for use In determining my quaiilloations. I hereby expressly auduAze release of any and all information which any organization, company or person may have, Including information of a contldentla[ or privileged mature. I hereby release the City and any organon, company or person fumkftg Information th the City, Be expressly suth dwd above, from acrry IiabllitY for damage which may result from fumishirig the information requested. 11. In accordance with M.S.13.0+4. the Information requested an this form will be used by the CHy of Orono In the issuance of your license or proceaing of your renewal application. Per Chapter 30 of the Orono Minrowle City Cade, a comptrNctmd wirninal history inquiry arWor a drrNWs license higmy inquiry an the applicant may be conducted to verify the Information provided with the epplicattlon. The 1, ffiarn stlon VW you supply on this corm will become public Infomm&n when received by the City of Orono. Under Minnesota law (MA 270.72 , the Clay may be required to provide tiro busirreas tax iderrtlfln-AW n number and social security number of each applicant to the Mlnnesata Commiselatw of Revenue. � ll -.I�.r: � � 1 •1 = 1_ Li,il. �• � - '_ i�•1,� ! - -1:!:i" - l • - 1 - •� il-�c r • �' r by AdmitilkhOpm Iii Noted NA . . POFAW tV i no=13 NA Cam"**: Page 4 Certificate of Compliance Minnesota Workers' Compensation Low PRINT IN Mill or TYPE. Minnesota Stmkitesi Section 176.182 regulra rvery state and Ivwl fussing agency to withhold the hwatiance or renewal of a licensa or permit to operate a business in Mbhnesota until the applicant presents acceptable eWdanm of compliance with the workeW compensation Insurance coverage requirl:meflt of Mlnnesatsr 5t h tes, Chapter 276 If the required Information is not provided or is falsely stated, it sawn result In a $2#W0 penalty assessed against the appftnt by the cornmissiarer of the Department of Labor and industry. A valid worimrs' COMPORMthM PoNcy must be kW In effect at all tlrhhels bv ampkron ars LiCENSEorCERTIFICATE NO (if applicable) BUSNESS TELEPHONE NQ MM -473 -ISM BUSINESS NAME (Use the persorh($) rune If business structure is sole pmprietcrr or partnership Jane Doe), of wvwlse It Is the legal name of the business entity.) Wng MR Goff Club DBA {`doina burin= i Spring HNi Golf Club or elso Irnown as an BUSINESS ADDRESS (must 725 Coulft Road 6 plhyslcal street FAX TELEPHONE N0. 952-473.11 Doe„ or John Doe and d name) (ff applicable) no PO bohaw) £i1Y SYATIE: ZIP CODE MN 55391 cvun"I S MALADRESS - -- Hanrlepire r JWVsprtn0111xcAwn YOUR LICENSE OR CERTIFICATE WILL NOT BE ISSUED WITHOUT THE FOLLOWING INFORMATION. YOU mustCOMplete number l or 2 below. NUMBER i — Workene compensatio INSURANCE COMPANY NAME (not the Insurance _M I I wo-�&1k 0.s POLICY WO. Imurance pollcv information Ce EFFECTIVE DATE I 1, NAIL NUMBER 2— Reason for exemption from workers' compensation insurance If you have questions resarding tie Tread to obtaln workers' compimmUm wveraga. Induding ems+ nk Contact 651.28UD32 or I have no amplaVem (See Mine. Stat f 176.011, subd. 9 for the definition of an employee.) lam es1f4mured for warMW ampenwMan (Include a oopY of audwrbWm to self4nsurebam the Mlnnwaam Deprtnm t of Commerce). I have employees but they are not covered by the worhere comparmtlon law. (See Minn. Stat. i 176.+041 for a itst of wWuded employsm) bgbin whyyour employees am not cawed: Other. I certify that the infwmatlon provided an this form is am rate am authorlaed toM on behalf of the business. APPUCAIr SIGNATURE Omndata ) ff I am signing on behalf of a business, I oartft that I T>ITi,E DATE Z -7c 07 � 6 I Il - fe-- /�, You must noM us IF tfien IS any change to your workers' Compenation Insurance Intornrslon or Ernployoe 9talus Chance by resubffmie this form. This rtalTerial can be made available In different for=, such es !arae Arrest, araEle or on a tope. LEC 04 (9/ja Pepe 3 Form SP -CI LICENSE APPLICANT: Pumuent to Minnesota statute 270.72 Tax Clearance: Issuance of Ucenees, the licensing aulhorhy to required to provide to the Minnesota Cmrnnt48loner of Revenue your Minnesota bushen tax Iddon number and the social security number of each license applicant. Under the Minrawla Government Date Prac lass Act and lire Federal Privacy Act of 1974. we are required to advise you of itre following regarding the use of this 1n1 mnaWn:- 1. This Information may be used to deny the Dance, renewal or banter of your ficerae In the event you owe the Minnesota Depwiment of Revenue delinquent twm, peroltim or intim 2. Upon receiving this information, the licensing authority will supply It only to the Mlnnesfa Deparhmft of the Deparkrrent Revenue ue may supplyis i F� too the Inben al PAmmue Service; t 3. Follure to supply this information may Jeopardb w or delay tlar processing of your licensing is ahce or raneml application. Please supply the following Information and return along with your application to the agency is uing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE BEING APPLIED FOR OR RENEWED: Q0 Sat ,gam Suoft LWuor LICENSING AUTHORITY: City of Orom. Hbnnapjn Couft M1130MM— LICENSE RENEWAL DATE: January 1 17 PERSONAL INFORMATION (If applicable): ApplirarWe Name Jlffin „art Krinoen FdSQ (Middle) (Lest) •_ Applicanirs Address_ 1365 Maolew000d Drive_ Lona Lake MN 55356 (sem) (city) (W) imp) Soca[ Security Number: BUSINESS INFORMATION (If applicable): Business Name. Spring Hill fie Club Business Address: 72§ County Road 6 WAMto MN 0301 (sv"q (ab) (Ma) (ap) MINNESOTA TAX IDENTIFICATION NO; 31 FEDERAL. TAX IDENTIFICATION NO: 41-01695951 If a Minnsata Tax Identification number a not required, please explain on the reverse slde. POPS f _ Miinnecote Department .of Public Safely :EIVSD Alcohol and Gambling Enforcement ail; ° 'V t= 445 Minnesota Street, Suite 222 a St Paul, MN 55101 G"11Y i' F ��R o 6519201-7500 RENEWAL OF LIQUOR, WANE, CLUB OR 3.2% I ICMME 1 Licensee. P*= verify your liaanse jidbrtnatlon corbined below Make correctiam if necessary and sign, City Clerk/County Auditor should submit this signed renewal wM empleted I== and licensee I*%. haWlh y for Im new license period. City Clerk/CountyAuditor we also tegtared by M.S. 340A.404 S-3 to apart mly homse cancellation. license Code NICIANSS LleatsePeriod Ending 12/31/2016 ID# 1196 ISSEDING AUTHORITY Orono lUcensee Naane Wayzata Country Club Trade Name Wayzata Country Club City, State, Zip Code 200 Wayata Blvd West Wayzata UK 55391 Bashms Pboue 952-473-8946 License Fees: Off Sale $0.00 On Sale $200A0 Sawday $200.00 By signing tbb reartral appticathmv applicant certlllls that there leas been nothange In ownersbip on the almvt; gemmed N m m. For chanym In ownerships the Reemee named above, or fbr new licenseesr null applications shmid be used, Sr bask of this appliodon far further Informatlop needed to complete thle renewal. ��-�. a i_ • f II. 1 �_�,�c_ ' lJ 1 _ u i � � zI - � iy� i tl � �y_ 1J.;1' Lx `. � `A Il I . Licensee confirms it has no ingest whatsoever, directly or indirectly is any other liquor establishments in Mtnrresota, ifs%SA devils on back ofthis appitoatlom 2. Licensee casfirms that It has never had a liquor license nlJ=W by any eity/townshrp/courdy in Bre state of Minnesota. If aver rejected, please give deans out the buck ofthbs renbwe4 then sign below. 3. Licensee cornu= that far the past five years It Eras not had a liquor license revoked for any liquor law violation. (state or local?, If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee eon fin,ns that during the past five years it or its oyees have -rot been cited for nrpr civil or crirnictal liquor law vidg ions. If violations have oemirred, please give details an back of this renewal, then sign below, S. L.icsrusee contains that durum the past license year; asummonshes not been issued under the Liquor Liability Law {Dram Shop) MS 340A.802. if yes, attach a copy of the wr arnor:a, then sign below.. 6. Uceraee confirns thdt Work= Coenpansetlon Insurance will be inept lir eftbct during the lieerree period. Licensee has attached it liquor Ilability Insurepce eertl0cate tlateoreespbode with the license period In elty/county wWre lieeense Is Issued. 5100,000 In cash or seearitles orS100,000sari qr bond nary be submitted in In afhquor liability. (&2& liquerilcenow art: exempt "les are less then 525,OOD at on sal, or 550,006 it off sale). Licensee SignatureDOB,_„SSII Vater (Stgrratum cadfies all above rnfonn on to be oonvd and Ircenvie has been approved by ellyJam ity.) !k City CletVCounty Auditor Signature {Signature cardfles that renewal of a liquor, wire or club license has been approved tly the city/county as stated above.) County Attorney Signature Datq County Board muted licenses only(St cc 1ti h see Is eligible for llcerrae). Policast e-ifrSwriature pate Sigsatutre certifies hoenme orasecciatea ave owked for ony aateliocal liquor law violations (criminWdvii) dams the per; five yea Report vlotatrons on back, dyes s* hem RECEIVED APPLICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR, WINE, CLUS AND 3.2 PERCENT MALT LIQUOR LICENSES• , r 0"A City of Orono C{TY OF 0"ANO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 ch I Phone: (952) 249-4600 Directions: This form must be fled out with typewriter or by printing in ink. if the application is by an Individual person, by such person, if by a corporation, by an officer thereof if by a partnersl*, by one of the partners, if by an unincorporated association, by the manager or managing ~. License yeas: _-- 2017 (January 1 - December 31) License type: (check all that apply) ❑ On Sale Intoxicating Liquor ($5.000.00) [ Club ($200.00) ❑ Wine ($2,000.00) ❑ 3.2% On -Sale ($100.00) R1 Sunday Liquor ($200.00) ❑ 32% Off -Sale ($50.00) ❑ Off Sale Intoxicating ($150.00) 1. Complete the following information for the Licensee. licensee (Name of IndMdual, Partnership. Association or Corporation — Legal Name of the Business Entity) Middle Name Wayzata Country Club )Itis te Daof Birth Business: rade Name James Kernan Wayzata Country Club Rome Address=RIIYO Busnress Address (must be physical street address, no PC boxes) City State Iip Code ZOO Wayzata Blvd West Wayzata MN 55391 Mailing Address (if differentl First Name City State Zip Code Same as above para cifgttth George Contact Name Phone E—Mail Address Chris Gerardt - General Manager 952-475-9753 elgerardi@wayzatacc.com 2. If the above named licensee is an individual, complete the following: First Name Addle Name Last Name Date of Birth Home Address City State ZIPCode Phone Email If the above named licensee is a partnership, association, or corporation, oomplete the following for each partner/officer: U B. C. First Name Middle Name Last Name )Itis te Daof Birth Edward James Kernan President Rome Address=RIIYO State Zip Code Phone 18718 E. Amarado Cirde Verde AZ 85263 952.473.0026 First Name Middle Name last Name para cifgttth George Sutton 7V1cePresident Phone Home Address City state Zip Corte 509 Ferndale Rd.N Wayzata MN 55391 ' 952.473-1665 First blame Middle Name Last Name Title Date of girth Thomas Cullum Treasurer < Home Address City State Zip Code Phone 785 N Ferndale Rd W ata MN 55391 952.475-9470 Page 2 ofticeM mrtagahome sor tekphone auMbeM President- Edward J. Kerman 18718 L Aunarado Circ]% Ria Verde AZ 85263 952-473-0026 Vice PrWeat - George 3ulton 509 Ferndale Rd N,'W'uyzata MN 56391 9n473-1665 resp - s om FEMME ayaa - ]Robin Kinnin 19900 Mang Rd, DeephaveA MN 56331 952.475.4955 ludicall belgIgaU d U -or indirect intamt in other li uoredab�ents., NONE NONE Renart belowtails involxlr1 env Regot►. !-ei , ds or r�beat.0fty TOME Wore an on -sale Intoxicating liquor license Is Issued under this division to an individual who Is a nonresident of the city, to more than one Indhddual whether cr not they are residents of the city, or to a corporation, partnership or association, the applicant shall appoint In writing a natural person who IlIves within 25 mites of the Nesneed establishment In the city as no manager or agent. Such manager at agent shall, by the tanzns of his w itten consent, take full responsibility for the conduct of the licensed prenndm and serve as agent for service of notices and other process misting to the license. Such manager or agent must be a peram who, by reason of age, character, reputation and other attributes, could qualify individually as a licensee. If such manager or agent ceases to live within 25 miles of the city or ceases to act in such capacity for the licensee without oppointrrrent of a mecessor, the license Issued pursuant to such appointment shall be subject to revocation or suspenslan. (Orono Minnesota City code 54-85) 3. Complete the following information for the U.Mager of the above-named business: First Name Middle Name last Name gatE of Birth Christopher Jr Gerardt Nome Address City State Zip Code 15525 57ei Avenue North Plymouth INN 35"G Rhone Email 630-222-147.6 cjgerardi@wayzatacc.corn 4. Has there beers a change of manager, operating officer or agent in charge of the licensed premises since the date of the last renewal application? (This is defined as the person responsible for day -tray operating decisions of the premises.) X No; Yes. If yes, describe the changes and the date of City Council approval (if required). 5. Have there been any changes In ownership or control of the licensee or enlargement or alteration of the licenced premises since the date of -the last renewal application? (This includes any transfer of stock or change of officers or directors of a corporation.) X No; Yes. If yes, describe the changes and the date of City Council approval (If required). 8. Have there been any other changes to the information Contained in the original or previous renewal applications which have not been submitted to the City? X No; Yes. If yes, describe these changes and/or include floor plan. ^ _ 7 Are any real estate taxes, personal property taxes, special assessments or other financial claims of the City of Orono delinquent or unpaid for the premises licensed? X No; Yes. If yes, give details. 8. Have you received any summons during the past year under M.S. 340.951? (This is a claim for injury resulting from the sale of liquor filed under your dram shop insurance.) X No; Yes. If yes, attaQh a copy of each summons received. Page a 9. Applicant and his associates In this application will strictly comply with all the laws of the State of Minnesota goveming the taxation and the sale of Intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby certify that 1 have read the foregoing questions and that the answers to sold questions are true of my own knowledge. 10. As the person executing this application for this license, I acknawiedge that an Investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all Information which any organization, oompany or person may have, including Information of a confidential or privileged nature. I hereby release the City and any organization, company or person furnishing Informetlon to the City, as expressly authorized above, fr m any liability for damage which may result from furnishing the Information requested. 11. in accordance with MA 13.04, the information requested on this form will be used by the City of Orono in the Issuance of your license or processing of your renewal application. per Chapter 30 of the Orono Minnesota City Code, a computerized criminal history inquiry and/or a driver's license history Inquiry on the applicant may be conducted to verify the information provided with the application. The Information that you supply an Ihts farm will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72). the City may be required to provide the business tax Idenb9cation number and social security number of each applicant to the Minnesota Commissioner of Revenue. f gngoM to theues Ganeral Marager Signature of Applkint Title Christopher J. Gerardl Print Name Date Review by Administration [1 Approved 0 Denied Review by Police Degiftant [3 Approved . Derued For oto Use Only ❑ NA By. ❑ NA By Pape 4 Certificate of Compliance Minnesota Workers' Compensation Law PRINT IN INK or WK Minnesota Statutes, Section 175.182 requires every state and local iioenske agency to withhold the Issuance or renewal of a license or permit to operate a business In Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation Insurance coverage requirement of Minnesota StatutM Chapter 176. If the required Information Is not provided or Is falsely stated, It shall result In a $2,0W penalty assessed against the applicant by the commissioner of the Department of Labor and industry. A gelid woarkeW compensation policy must be kap! In effect at all timesto ars ss rec�ulred h law. LICENSE or CERTIFICATE NO (if applicable) BUSINESS TELEPHONE NO. FAX TELEPHONE #02-16 AGE dub On Sale Liquor License 952-473.813+ts 958-475-9748 BUSINESS NAME ( Use the persons) name 9 business structure is ole proprietor or partnership (i e., john Do^ ear h lane Doel, otherwise it Is the legal name of the business entity.) Yilm!r CourtttY Club DBA ("doing business as" or also known as an assumed name) (if applicable) Wayzata Country Club BUSINESS ADDRESS (must be 200 Ways Blvd. West Hennepin street address, no PO boxes) CITY Wlayrata E-MAIL ADRESS cbprang@wavmaca.coom STATE ZIP cc MN 55391 VDU1R LICEkSE Ci CERTiFICAi E WILL NOT 13E ISSUED WiT OIJT TWE F0Li.04&J1W(; INFORMATION. You must complete number 1 or 2 below. NUMBER 1— Wort W I INSURANCE COMPANY NAME (not the insurance Continental MfesWn Group POLICY NO. - - - Insurance 11C Nun 10904 EFFECTIVE DATEI EXPIRATION DATE 1,0 M f G 11 10/01/201.7 NUMBER 2 — Reason for exefnptlorl from - ricers' compensation Insurance If you have questions regarding rite need to -obtain worker' compensation coverage, including exemptions, contact 651.284 5032 or 1-804-342-5354. I have no employees. (See Minn. Stat. § 176.011, subd 9 for the deflnlivan of an employee') I pm self-insured for workers' compensation (include a copy of authorizadon to self -insure from the Minnesota Department of Commerce). Q I have emplayees but they are not covered by the workers' compensation law. (See Minn. Stat. § 176.041 for a Ret of excluded employees.) Explain why your employees are not covered: Other: -. at the inferrnation provided on this farm is accurate a am signing =behalf of a business, i certify that I am author to !.%n on behalf of the business Vprmou7r NATURE atory� - TITLE DATE s if there is any change to yourWormers' Compensation Insurance Information or Employee Status Change by resubmittingcan be made available In different farms, such as large prFM, Braille or on a tape.i inn uppF�rpn�. LIC 134 (9/12) Pogo 5 Form SP -CI LICENSE APPLICANT: Pursuant to Minnesota statute 270.72 Tax Clearance: Issuance of Licensee, the licensing authority is required to provide W the Minnesota Commissioner of Revenue your Minnesota business tax identifleation number and the social security number of each Iloense appiioont. Under the Minnesota Government Data Prackes Act and the Federal PrNacy Act of 1974, we are required to advise you of the following regarding the use of this Information: 1. This information may be used to deny the issuance, renewal or transfer of your license in the event you awe the Minnesota -Department of Revenue delinquent taxes, penalties or Interest; 2. Upon receiving this information, the licensing authority will supply k only to the Minnesota rtment of Revenue. However, under the Federal Exchange of Information Agement the Department of Revenue may supply this Information to the Internal Revenue Service; 9. Failure to supply this information may jeopardize or delay the processing of your llowsing Issuance or renwal application. Please supply the following information and return tong with your application to the agency issuing the license. DO NOT RETURN To THE DEPARTMENT OF REVENUE. LICENSE BEING APPLIED FOR OR RENEWED: On d S -Sale LICENSING AUTHORITY: ,., Gity of Orono. HennVin Coul ti[ Mlonesota LICENSE RENEWAL DATE: 1 2 1 PERSONAL INFORMATION (If applicable): Applicant's [dame . Christo her GemWi (Fist) {Mrddlel "Q Applicant's Address 9 5525 5r Ave North. _ - l rah {street) (city) (State) (Zip) Social Secufity Number: �. BUSINESS INFORMATION (if applicable): Business Name: WqMte CounMIClub Business Address: Zoo VAgll glvd West,.,.... Wavzeta . MSV---- - 5394 (Sheat) (city) (State) MP) MINNESOTA TAX IDENTIFICATION NO: §U7666 FEDERAL. TAX IDENTIFICATION NO: 41-0778776 If a Minnesota Xax ldentificapon number Is not required, please exptatn on the reverse side. General Manager ted - -., Pop 5 MinnesotaDeparbamt ofPabHe Sobty Alcohol sad GambIft Ea meat 445 Mhmo to Shve% Site 222 St: Paul, MN 55101 651-201-7500 WAS,, OF UQU VANX, CLUB OR 3.2% LICMICS • ' •.re�uva�wa��ro+ar��s1[aer]i��1��dt<gAk�al.�d ;- Licetxsae; Please verify yon iii informa ion mnk� below. Nike cOuwfioms Ue mwzy end dgm City CJmWCloumiy Audebor &mind solemn im std mmd with con4otod license and liceasco liquor habghy for to now lbmw parlod. City CION0othety Auditor we also htejWred by NLS. 340A.404 83 Io mpart any Iicem cane iMcn. flame Code QFSL license Period Ending 1713112016 ID# 21903 ISSUDiG AUTHOMTY Oho Liaeahsee Name Wood Entmpizos Inc. Trade Name 'Navwe Liquor City, State, 2Zp Code 3421 Shareiiue. Dr/PC Bare 50 Nam MN 55392 Basluem Phone 9524718880 . IAc me Fear: • Off" (. $150.00 .On Sale $0.00 Sunday $0.00 By signing tkk renewal appHan oa, app leant certifies that there, hes been no change in ownership an the above na Hcenn% For changes In ownership, the Hamm aasned above, or Ibr now Rome% f a applications ehoRM be anal back of this application for fhr&w inlbrmatim needed to eomplete this renewal. Jr i_�a! _..tip i i li _ - ,7 - 7i i y},174 1, Uccasm ccm&ms it bas mo iia burst whabmm, y cr indinec* in u othaliqUorestabUdnmb im hftnmotL Ifs% give details on back of*b< appl mdom. 2. Llom ae aanfirans that it bas ntcver had a Hquar Remo *ectod by viY dWft vnddpl =j* in the gusto Of 11llhQ mta. If ever rqjoch4 please give devils on the back ofNs ronewsl. then dp below. 3. Licamm canffirns Sat for the past five years it has not had a 1#gum Hcmisc mvdwd far arty Ugciar law of Qw& m (stag at Ictal). Ifa revoca ica has oomvrod, plem Shur deiaiis on the lam oft b vmvw 1, then sign below. Iacensee 000ffima Snot dmk g for past Svc yea ze it rm its amployees have not boo died for aW civil m aimiwal livor lawviolahoas. Zviol dams have ocati=4 please give dates an back ofthis roawW, then sign below. 5. I.iCC m con$nms that dmft tie past lime year, a summons baa mot been ism and undar the UquorLebft 14v (Dram Shap) bG 34MIM. If yes. aUS& a copy tithe summms, thm sip below. 6. Liacosee confirms that Worlceer Compawion ince will be leapt in gftd dm* be Hoeaso period. Ihmme has a# wlwed a 8gaor lish8ity fasumnee cerdfiade that CmTespoada with &e fioema period in df ►Ice mty what kenos is laamd. $100,000 in emb or aendtka or $10Q,000 merely bond my be sabm*W IR ft of liquor liabfty. (3 2dc Iquor l' ', 1 are mmpt i1f 48than at on =I% or at offsa�e). f I.icc�ae $ignatixt+d I W �Oak (Sigmtiae mxhtties all above t be coaect cad Hume h&b@WWpzvvvd by city/ate ) Chy C[ork/Omety Auditor Sig Ddum Dale (8i9natWB CUM= that renewal ria lupaor, wine or dub ficam has bm approved by the ft/cvantr as atatad above County Attmw BMus — Courdy Board immd licomms is cligible fbr limm). Polioe/SheriffSigaatme aft -IYA* Sig, our certWm ii amore or as dkaked for any SMA00d ligaor law viDIM Tans {aimmalfdvM duB F 7eara Report the ante violations on back, thea sign hem RECEMM APPLICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR, WINE, CLUE AND 3.2 PERCENT MALT LIQUOR LICENSES OCT 2 4 2016 City of Orono 2750 Kelley Parkway, P.O. Box 66 CM OF ORONO Crystat Bay, MN 55323 Phone: (952) 2494800 Directions: This l rm must be filled out wifh iypelwriter or by printing in ink If the application is by an individual person, by such person; if by a corporation, by an oflrcer 0woof, if by a partnership, by one of the partners; if by an unincorporated assoaWbn, by the manager or managing officer. License year: 2017 (January 1 - December 31) License type: (check all that apply) ❑ On Sale Intoxicating Liquor ($5,000.00) ❑ Club ($200.00) ❑ Wine ($2,000-00) ❑ 3.2% On -Sale ($100.00) ❑ Sunday Liquor ($200.00) ❑ 3.2% Off -Sale ($50.00) 4WOff Sale Intoxicating ($950.00) 1. Complete the following information for the Licensee. Licensee (Name of Individual, Partnership, Association or Corporation — Legal Name of the Business Entity) NOW Name i Wood Enterprises Inc. Title Owner nuts of Birth Business Trade Name City Mound Navarre Liquors Phone 952-472-2124 First Name Business Address (must be physical street address, no PO boxes) Last Name CRY State Zip Code 3421 Shoreline Drive Navarre MN SS392 Mailing Address riifdifferent) First Name city State Zip Code PQ Box 50 Date of Birth HomeAddress Contact Name Phone E -Mall Address Rick Wood 952-471-8800 navarrieliquors@yahoo.com 2. If the above named licensee is an individual, oomplete the following: First Name Middle Name Last Name I Date of Birth Home Address Phone City state Zip Code Email If the above named licensee is a partnership, association, or corporation, complete the following for each prartnerloffloer: A. B. C. First Name Richard NOW Name i Last Name Wood Title Owner nuts of Birth Home Address 2660 Lakewood Lane City Mound State Zip Cade MN 55364 Phone 952-472-2124 First Name Middle Name Last Name Tide Date of Birth Home Address Clty state Ep Code Phone First Name Middle Name Last Name Tide Date of Birth HomeAddress City State Zip Code Phone Page 2 Before an on -sale intoxicating liquor license is issued under this division to an Individual who Is a nonresident of the city, to more than one Individual whether or not they are neeldents of the city, or to a corporation, partnership or assocladon, the applicant shall appoint In writing a natural person who Uvea within 25 miles of the licensed establishment In the city as its manager or agent. Such manager or agent shall, by the berms of his written consent, tale full responsibility for the conduct of the licensed premises and serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes, could qualify Individually as a licensee. if such manager or agent ceases to live within 23 rakes of the city or ceases to act In such capacity for the licensee without sppointment of a successor, the license Issued pursuant to such appointment shall be subject to revocation or suspension. (Orono Minnesota City Code 34-85) 3. Complete the following information for the manager of the above-named business: First Name Middle Name Last Name Date of Birth Richard J. Wood Home Address City State Zip Code 2660 Lakewood Lane Mound MN 55364 Phone Email 952-472-2124 navarreliquors0yahoo.com 4. Has there been a change of manager, operating officer or agent in charge of the licensed premises since the date of the last renewal application? _ {Vhis is defined as the person responsible for day-to-day operating decisions of the premises.) 4 No; _ Yes. If yes, describe the changes and the date of City Council approval (if required). 6. Have there been any changes in ownership or control of the licensee or enlargement or alteration of the licensed premises since the date of the last renews plication? (This includes any transfer of stock or change of officers or directors of a corporation:) No; Yes. If yes, describe the changes and the date of City Council approval (if required). 6. Have there been any other changes to the information contalq9d in the original or previous renewal applications which have not been submitted to the City'? X No; Yes. If yes, describe these changes and/or include floor plan. 7. Are any real estate taxes, personal property taxes, special assergsmprits or other financial claims of the City of Orono delinquent or unpaid for the premises licensed? No; Yes. If yes, give details. a 8. Have you received any summons during the past year under M.S. 340.95 ? This is a claim for injury resulting from the sale of liquor filed under your dram shop insurance.} --k No; _Yes. Yes. If yes, attach a copy of each summons received. Page 3 9. Applicant and his associates in this application will strictly comply with all the Iowa of the State of Minnesota goveming the taxation and the sale of Intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and i hereby certify that 1 have read the foregoing questions and that the answers to said questions are true of my own knowledge. 10. As the person executing this application for this license, I acknowledge that an investigation will be conducted for use in detwmining my quaffimbons. I hereby expressly authorize release of any and all Information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, oompany or person furnishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 11. In accordance with M.S. 13.04, the information requested on this form will be used by the City of Orono In the issuance of your license or processing of your renewal application. Per Chapter 30 of the Orono Minnesota City Code, a computerized criminal history inquiry and/or a drrier's license history Inquiry on the applicant may be conducted to verify the information provided with the application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax idenfiflagon number and social security number of each applicant to the Minnesota Commissioner of Revenue. Any falsification of answers taAM above auestions will result In denial of the a 1lcatlon. Signature of Applicant Title Print Name Date � ,G, ..t �,�:�� ra�.,�wn .'Aly"tr �'?e -� .. �a•e j=1�,y]��j M.�.Y';Y.: •. _r �r •+� .�`4"S •'�� �.iti+•5 �ti'. 1 �Y.�r•,�.,..+ ,� . �','. �,.'r n•1•+h•r. ,r. .. :tet:. a .r' yrt'. �•,'e kl... ROnriew by Admririshrat bm 0 Appaved Denied ❑ l�fA Rem by 12611= Q erd: �c 0 4 �enied D NA Pegs 4 Certificate of Compliance Minnesota Workers' Compensation Law PRINT IN INK or TYPE. Minnesota Statutes, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Chapter 176. If the required information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry. A valid workers' compensation policy must be kept in effect at all times by employers as required by law. LICENSE or CERTIFICATE NO (if BUSINESS TELEPHONE NO. I FAXTELEPHONE NO. 952-4714MM 1 NA BUSINESS NAME (Use the person(s) name if business structure Is sole proprietor or partnership (i.e., John Doe, or John Doe and Jane Doe), otherwise it is the legal name of the business entity.) Rick Wood — Wood Enterprises Inc. DBA ("doing business as" or also known as an assumed name) (if applicable) Navarre BUSINESS ADDRESS (must be physical street address, no PO bones) CITY STATE ZIP CODE 3421 Shoreline Drive I Navarre MN 55392 COUNTY E-MAIL ADRESS Hennepin navarmliquors@yahoo.com YOUR LICENSE OR CERTIFICATE WILL. NOT BE ISSUED WITHOUT THE FOLLOWING INFORMATION. You must complete number s or 2 below. NUMBER 1— Workers' compensation insurance policy information INSURANCE COMPANY NAME (not the insurance agent) NAIC Number. POLICY NO. EFFE VE D TE EXPIRATION DATE 1�CV4107 ��-�I� f �t or7 IzAi/-z&'�/ 17 NUMBER 2 — Reason for exemption from workers' cbmpeion insuranch / If you have questions regarding the need to obtain workers' compensation coverage, including exemptions, contact 651.284.5032 or 14K)0-342-5354. H I have no employees. (See Minn. Stat. § 176.011, subd. 9 for the definition of an employee.) I am self-insured for workers' compensation (include a copy of authorization to self -insure from the Minnesota Department of Commerce). ❑ I have employees but they are not covered by the workers' compensation law. (see Minn. Stat. § 175.041 for a list of excluded employees.) Explain why your employees are not covered: ❑ Other: I certify that the information provided on this form is accurate and complete. If I am signing on behalf of a business, I certify that I am authorized to sign on behalf of the business. APPLICANA RE to ) TITLE: DATE G . oL NOTE: You must notify us if there is an change to your workers' Compensation insurance Information or Employee Chan by resubmitting this form. This material can be made g6aflable in different forms, such as large print, Braille or on a tape. htto: ww.d11.M&.jz0v1WbPQF/MnI1004.DdF LIC 04 (9/12) paw Form SP -CI LICENSE APPLICANT: Pursuant to Minnesota statute 270.72 Tax Clearance: issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the social security number of each license applicant. Under the Minnesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this Information: 1. This information may be used to deny the issuance, renewal or transfer of your license In the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Infomhaiion Agreement the Department of Revenue may supply this information to the Internal Revenue Service; 3. Failure to supply this information may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency Issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE BEING APPLIED FOR OR RENEWED: Off Sale Lam„ iauor, LICENSING AUTHORITY: _ - City of Orono. Hennepin County, Minnesota. LICENSE RENEWAL. DATE:._ January,1.2016 PERSONAL. INFORMATION (If applicable): Applicant's Name Richard J Wood (Flat) (Middle) (Last) Applicant's Address L660 LakaAmod Lane Mound MN 55364 (sheet) (C110 (State) (gyp) Social Security Number: BUSINESS INFORMATION (if applicable): Business Name: Navarre Li uors Business Address: 3421 Shoreline Drive. PO Box 50 Navarre MN 66392 (5) (t* (state) (Zip) MINNESOTA TAX IDENTIFICATION NO: 1564505-7 FEDERAL TAX IDENTIFICATION NO: 41-1711643 If a Minnesota Tax Ideptifi n numo6r is not required, please explain on the reverse side. r GWK- r uta ' PosMon (Officer, Partner, etc.) f Date Page 5 AFFIDAVIT ESTABLISHING THAT NO INSURANCE IS REQUIRED FOR 3.2 PERCENT MALT LIQUOR LICENSEES OR HOLDERS OF ON -SALE WINE LICENSES 3.2 percent malt liquor licensees and holders of on -sale or temporary wine licenses may either show proof of insurance, or in place of insurance, provide an affidavit stating that their on,sale for the previous year is less than $25,000 and that the off -sale for the previous year is less than $50,000. Please complete the following information, check the appropriate license(s), sign and have your signature notarized. As licensee of Nmrre L' cors , I certify that: (trade name of business) ❑ My sales of on -sale 3.2 Dercent malt li uar were less than $25,000 far the preceding year. My sales of off -sale 3.2 p@rcent malt Ii uor were Less than $50,000 for the preceding year. ❑ My sales of on -sale wing4ore less than $25,000 for the preceding year. ❑ I hold a temporary �-wiri s" icense issue nder the law. Signature of licensee: Date: STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acini ledged before me this day of 20 ) LP by l c..b,7 , as _ �1l.0 (person's name) . (title) Of (trade name of (STAMP) CAITIiN ANNE ill NOTARiY PIWO • s 90 0MIMIMAjon Page 7 Afianmft Department of Public Safety Alcohol and Gambling Enforcement 445 eta Street, State 222 St Paul, MN 55101 651-201-7500 RECEIVED OCT L 17016 RENEWAL Off' "QUOR I'�'VIi I CLUB OR 3.2°Jer' LICT'd ffi' i� ; �' RONO Licensee: Please verify yoxu licensee infimnation contained below. Make coneetion if mcesnry acrd sign Qty Clerk/County Auditor should submit this signed renewal with completed license and homsee liquor liability for the new license period. City QerkiC.oundy Auditor are also rec�tared by M.S. 340A,404 S3 to report any► licenso_canccllation - - Ucewe Code MCL ONSL Llcenae ftlod Ending 12/3112016. W# 391 L��'Ifj iCeYAM100:CC9Y�/ Licensee Name Woodhill Country Club lnc. Trade ]+tame Woodhill Country Club Gly, State, tip Code 200 Woodhill Rd Orono Sassiness Phone License Fees: Off Sale 9524737333 $0.00 On Sale MN 55391 $200.00 Sunday $200.00 By signing this renewal application, applicant awtilles that there has been no change m ownership on the above nam, liege W& For manges in ownershilh the licensee maned above, or for new liamsees, fufl applications should be use& back of this application for further information needed to complete this renewal. is' re on a eontt the urs oft m result '. 1. Licensee confirms it bas no ingest whatsoever, directly cr indirectly in any other liquor establishments in Minnesota. If so, give details on buck of this application. 2. Licensee can&= tbafit has never had a Hquar license rejected by wy cityfbownshipfco arty in the state of hfimewt& If ever rejected, please give dclails on the back eftbls renewal, them ow below. 3. Licensee confirms that far the peat five years it has not had a lkl= Home revdwd for any liquor law violation (staff or local). If a rrevocatim bas occurred, plww give details on the back of this renewal, them sign below. 4. Licensee confirms that during the past five years it or its employe= have not been abed for any civil or criminal liquor law violaaans. If viobdom have occamd, please give details an back of this re umM, them sign below. 5. Licensee ecnfirtas tbat during the }past lioense year, a summons has riot been issued under the Liquor Lisabft Law P= Shop) NE 340A.802. If yes, attuh a copy of the suromm s, then s p below. 6. Licensee cenfi= that Workawsa Compenastionfi mr mee will be ]Dept in effect ding the lie=n period. Ucense a has attae ked a llgaor liablity bsumne a certificate that correspomb with the license poled in ft/county where geenu b iasued. $100,1100 in cash or smWitift or $100,000 surety bond may be submitted In hen of liquor hate 0. (3.2dc liquor li sem an Mempt if sales are los than $Z5W at on sale, or x,000 at off sale). Licensee Signature 'Mt Al 4DOH_ „z S& „`Date LO t (Sigmture certifies all aberve' to be a end license has been approvea toy citylcotaty) City CleddCounty Auditor Signatm Daite (%grannie aeriifres that renewal of a liquor, wine or club license has been appmved by the city/mmly as staled above.) Caaxtnty Attorney Signature _ County Hoard issued licenses Is eligible fon' Heem). Poliee/Sheriff ftnetare Date 1512 Ate Signature certifies Romeo or moclaw hP Wen checked If ear ata onocal liquor law violations (aiM-7R' dvM during the peat &e years. Report violations on back Wen alp hem V APPLICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR, WINE, CLUB AND 3.2 PERCENT MALT LIQUOR LICENSES City of Orono 2760 Kelley Parkway, P.O. Box fib Crystal Bay, MN 55323 Phone: (952) 249-4600 Directions: This form must be filled out with typewriter or by prh*ng in ink If the appike6on is by an individual person, by such person, r7 by a corporation, by ars officer dweoi, if by a partnership, by one of the partners; rf by an unincorporated assocaia w, by the manager or managing officer. License year: 2017 (January 1— December 31) License type: (check all that apply) ❑ On Sale Intoxicating Liquor ($5,000.00) Club ($200.00) ❑ Wine ($2,000.00) ❑ 3.2% On -Sale ($100.00) F9 Sunday Liquor ($200.00) ❑ 3.2% Off -Sale ($50.00) ❑ Off Sale Intoxicating ($150.00) 1. Complete the following information for the Licensee. Lkensee (Name of individual, Partnership, Association or Corporation —Legal Name of the Business Entity) Last Name Woodhill Country Chub - • If — nate of Birth Business Trade Name PIAL M L 12', Woodhill Coun" Club , Business Address (must be physical street address, no P4 boxes) City State Zip Code 200 Woodhill Road wayzata MN 55391 Mailing Address (if different) Gty state Zip Code Same as above T��itle,rr Vie President I Date of Birth Cotdaet Name Phone Paul (Gus) Gustafson 952-345-0784 E -Mail Address e-, fir u S eus@woodhillec.com 2. If the above named licensee is an individual, complete the following: Zip Code First Name Middle Name Last Name Home Phone city Email If the above named licensee is a partnership, association, or corporation, complete the following for each partner/officer. A. i First Name &"VRh Br;ttn Home Address B. First Name Cassidy Middle Last Name Title - • If — nate of Birth eNName PIAL M L 12', President , Q L'Y1�.L;r.l� City State ZIP Code Phone _32Z r Wayzata MN 55391 ; 952-444 Middla Name Last Name Burro T��itle,rr Vie President I Date of Birth Page 2 nomE nuurvab 205 Hollander Road City Orono State MN Zip Code 55391 Phone 952-473-1494 C. First Name V5 Middle Name * Last Name Tide Treasurer l pate of Bim 60- r Home Address �./�,p e-, fir u S dty state Zip Code Phon- ►Nayzata MN 53391 Page 2 Before an on -sale Intaalcating liquor license Is Issued under this division to an Individual who Is a nonresident of the city, to more then one Individual whether or not they are residents of the city, or to a corporation, partnership or association, the applicant shall appoint In writing a natural person who lives within 25 miles of the licensed establishment In the city as Its manager or agent. Such manager or agent shall, by the terms of his written consent, take full responsibility for the conduct of the licensed premises and serve as agent for service of notices and other process relating to the license. Such manager or agent mast be a person who, by reason of age, character, reputation and other attributes, could qualify Individually as a licensee. if such manager or agent ceases to live within 25 miles of the city or ceases to act In such capacity for the licensee without appointment of a successor, the license Issued pursuant to such appointment shall be subject to revocation or suspension. (Oran* Minnesota Citi/ Code 24-85) 3. Complete the following information for the manager of the above-named business: First Name Middle Name Last Name of Pi.'L Paul Robert Gustafson HomeAddr+ess City state Zip Code 1721 Mayapple Pass Chanhassen MN 55317 Phone Email 612-382-2131 sus@woodhilla.com 4. Has there been a change of manager, operating officer or agent in charge of the licensed premises since the date of the last renewal application? This is defined as the person responsible for day-to-day operating decisions of the premises.) "A, No; Yes. If yes, describe the changes and the date of City Council approval (if required). 5. Have there been any changes in ownership or control of the licensee or enlargement or alteration of the licensed premises since the date of the last renewal ppllcation? (This includes any transfer of stock or change of officers or directors of a corporation.) No; Yes. If yes, describe the changes and the date of City Council approval (if required). 6. Have there been any other changes to the Information contai ped in the original or previous renewal applications which have not been submitted to the City? X No; Yes. If yes, describe these changes and/or include floor plan. 7 Are any real estate taxes, personal property taxes, special assepsynents or other financial claims of the City of Orono delinquent or unpaid for the premises licensed?? No; Yes. If yes; give details. 8. Have you received any summons during the past year under M.S. 340.951? (This is a claim for injury resulting from the sale of liquor filed under your dram shop insurance.) _X, No; Yes. If yes, attach a copy of each summons received. Page 3 9. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby cerlffy that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. 10. As the person executing this application for this license, I acknowledge that an Investigation will be conducted for use in Gish mining my qual'd'ications. I hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person fumishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 11. In accordance with M.S. 13.04, the information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. Per Chapter 30 of the Orono Minnesota City Code, a computerized criminal history Inquiry andlor a driver's license history inquiry on the applicant may be conducted to verify the Information provided with the application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. . f / 1 to/ (f Ne Date .11417 by A Iiibt4uo' n'. ,•...0MY. • . �. ;,, T APpvjsd ❑ Denied ❑ MA By: -Review by Police DeRyftent. ❑ Approved ❑ Denied ❑ NA Sy: Comments: Page 4 Certificate of Compliance Minnesota Workers' Compensation Law PRINT IN INK or TYPE. Minnesota Statutes, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Chapter 176. If the required information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry. A valid workers' compensation policy must be kept in effect at all times LICENSE or CERTIFICATE NO (if applicable) as required by law. BUSINESS TELEPHONE NO. I FAX TELEPHONE NO. 52-345-0784 NA BUSINESS NAME (Use the person(s) name if business structure is sole proprietor or partnership (i.e., John Doe, or John Doe and Jane Doe), otherwise it Is the legal name of the business entity.) Woodhill Country Club DBA ("doing business as" or also known as an assumed name) (if applicable) Woodhill Country Club BUSINESS ADDRESS (must be physical street address, no PO boxes) CITY STATE ZIP CODE 200 Woodhill Road I Wayzata MIN 55393 COUNTY E-MAIL ADRESS Hennepin johnos@Ulrwternet.net ternet.net YOUR LICENSE OR CERTIFICATE WILL NOT BE ISSUED WITHOUT THE FOLLOWING INFORMATION. You must complete number 1 or 1 below. NUMBER 1 Workers' compensation insurance policy information INSURANCE COMPANY NAME (not the insurance agent) MAIC Number. fie. C. u rc- los o ryA-hc_,e_ Czf les ;L.;z 9 /3 POLICY NO. EFFECTIVE DATE EXPIRATION DATE NUMBER 2 - Reason for exemption from workers' compensation insurance if you have questions regarding the need to obtain workers' compensation coverage, including exemptions, contact 651.284.5032 or 1800-342-5354. I8 have no employees. (see Minn. Stat. § 176.011, subd. 9 for the definition of an employee.) l am self-insured for workers' compensation (include a copy of authorization to sett -Insure from the Minnesota Department of Commerce). ❑ I have employees but they are not covered by the workers' compensation law. (See Minn. Stat. § 176.041 for a list of excluded employees.) Explain why your employees are not covered: ❑ Other: _ I certify that the Information provided on this form is accurate and complete. If l am signing on behalf of a business, I certify that I am authorized to sign on behalf of the business. APPLICANT SIGNATURE (mandatory) TITLE DATE wv to/[1m, NOTE: You must notN fis If th e s any change to your Workers' Compensation Insurance Information or Employee Status Change by resubmitting this form. This material can beWde available in different forms, such as large print, Brallie or on a tape. htt�Www.dli.mn.MAYgPDFLmnii O4.odr LIC 04 (9/12) P"oa Form SP -CI LICENSEAPPLICANT: Pursuant to Minnesota statute 270.72 Tax Clearance: Issuance of Licenses, ft licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this Information: 1. This Information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this IMormation to the Internal Revenue Service; 3. Failure to supply this information may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following Information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE BEING APPLIED FOR OR RENEWED: On Sale and Sunday Liquor LICENSING AUTHORITY: Cibf of Orono Henna in County, Minnesota LICENSE RENEWAL DATE: Janus 1 2017 PERSONAL INFORMATION (if applicable): Applicant's Name Paul Robert Gustafson (First) (Middle) (Last) Applicant's Address 1721 Mayappig Pass Chanhassen MN $6317 ( ) (am (stab+) (Zp) Social Security Number: BUSINESS INFORMATION (If applicable): Business Name: Woodhill Country Club Business Address: &QO Woodhill wm=w MN 55391 (869d) (City) (State) (zip) MINNESOTA TAX IDENTIFICATION NO: 8183048 FEDERAL TAX IDENTIFICATION NO: 41-0619490 If a Minnesota Tax Identification number Is not required, please explain on the reverse side. 0 A}C[)RL�' CERTIFICATE OF LIABILITY INSURANCE 0' 10/19/ o/1s/zo16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, M END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BMVWEEN THE ISSUING INSURER(Sh AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: fF the ctrlific0a holder Is an ADDITIONAL INSURED, the pol"Iss) mast be endorsed. If SUBROGATION IS WAIVED, subject to the tonne and conditions of the policy, oerWn Policies msy require an endonserrs6nL A atabrment on this Cerditcaty does not confer rights to the csrWkabe holder in lieu of such ondomeme s . PRODUMM DOLLIDIF' IN8t7RARM 6465 Wayzata Blvd. 8t0. 850CK4roppOdolliff-cam Saint Louis Park HIR 55426-1749 Carat 1Crapp P NE (952)593-7400 VAX U& Nft (6e2)363 -7u4 THE EXPIRAVON DATE THEREOF, NOTICE WILL INSAI AFFORDINOOASE NAIOAI UWFMA3S&=r& Inuaranom Ccmpany 22543 INSURED Woodhill Country Club Inc. 200 Woodhill Road Wayzata MIR 55391 Z99ME.. I C; VMMMD: SN6URFR E P: COVERAGES CERTIFICATE NUMBER:2016-17 OranO Liquor REVISION NUM ISR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE AMLOLwq SHOULD ANY OF THEAMOVP 0WRIBED POLICIES BE CANCEIAX0 BEFORE City of Orono THE EXPIRAVON DATE THEREOF, NOTICE WILL LIMI7E A X COMMERCIAL GENERAL LIABLITY CIAMBAADE Xn OCCUR Crystal Say, b5l 55323-0066 CM250972 6/3./2016 Continua vnts1 C—LUA EACH OCCURRENCE 6 1,000,000 p S 300,000 MED Exp ft ons $ 10,000 PERSONALAMNINJURY S 1,000,000 GENLAOOREOATEUMIITAPPLIES PER: 7C POUCY ❑ JR& ❑ LOC OTHER" (WNERALAGIMCIATE S 2,000,000 PROOUCTB-COMPIOPAGG 6 2,000,000 6 A AUTOMOBILELu51JtY JANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS HIRED AUTOSNON-OWNEa 0113250873 5/1/2015 5/1/2017 e 6 1,D00,000 EOMLY INJURY (Per peon) $ ROINLYINJURY41ara90b" 6 $ Ueftkwumd maWat ; 1, 000 , 000 A X IRABR A LUIS EITCEAS LIA1A X OCCUR C AMS- MADE 003250875 5/1/2016 5/1/2017 EACH OCCURRENCE 31000,000 AWREGATE 6 3.000. 000 ors I x I lummos 0 6 A WRI(rRB COMPENSATION AND EMPLOYIRW LIMUTY YIN ANY PWM aRlECLUDED? ECJTNE Q {IBend�in NN z04CLUa d Ryro. uffla undo aE3CRIPTION OF OPERATIONS below NIA 1103250876 a/i/2016 6/1/2017 g EL EACH ACCIDENT 6 3. 000 000 E.L. DISEASE _ EA EMPLOYEE 6 11000,000 E.L. O18P.ASE -POLICY LIMIT 1 21000.000 A Liquor Liability CP3250472 5/1/2016 Contiaol:a 92MOnImMomp0e 81,000,000 DEsoI:RrTION OF OPERATIONS I LOCATIONS J VEHICLES (ACORD 101, AddMoml Remake 3dodWk nosy he adaelyd l mom qp U nmpdndl cFRii 1FICaTE HOLDER CANCELLATION (952)249-4616 SHOULD ANY OF THEAMOVP 0WRIBED POLICIES BE CANCEIAX0 BEFORE City of Orono THE EXPIRAVON DATE THEREOF, NOTICE WILL BE DELIVERED IN P O Bax 66 ACCORDANCE WITH THE POLICY PROVISIONS, Crystal Say, b5l 55323-0066 AIInIOTus>:o eANrATnrE David Warner/CKROPP ACORD 25 (2014101 ) IN802Sn01ae11 ®1888-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo aro reglshmd marks of ACORD REQUEST FOR COUNCIL ACTION Date: November 28, 2016 Item No. 12 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson — 311YO Y"-4 City Administrator's Title: Finance Director Report Item Description: Claims/Bills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 106422 to 106501, totaling $134,601.15. Noteworthy payments include: COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. Repairs to Pump Number 1 at the Navarre Bergerson Caswell $ 22,220.00 Water Plant. Annual licensing for the laserfiche imaging OPG -3 Inc $ 5,954.00 system. This is a 2017 Expenditure. Payment for the Brown Road Trail that was Bituminous Roadways $ 28,745.20 original approved on 11/14/16. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Total 106422: Check Check Invoice Invoice GL Account Description Department Payee Issue Date Number Number 703-49960-379 Replace Broken Window A 1 ELECTRIC SERVICE OF WA 11/28/2016 106422 19796 602-49450-406 reprogram & check out operation of Automatic Trans Sewer A 1 ELECTRIC SERVICE OF WA 11/28/2016 106422 19872 101-41900-404 repair damaged conduit & pull new wires -light behin Central Services A 1 ELECTRIC SERVICE OF WA 11/28/2016 106422 19872 101-43000-386 repair damaged conduit & pull new wires -light behin Public Works Department A 1 ELECTRIC SERVICE OF WA 11/28/2016 106422 19873 602-49450-406 repair wiring & phase in Grinder Station Sewer Total 106422: ALEX BURCH 11/28/2016 106423 11072016 703-49960-379 Replace Broken Window Total 106423: APPRIZE TECHNOLOGY SOLUT 11/28/2016 106424 13373 101-41900-319 11/2016 -Insurance Monthly Admin Fee Central Services Total 106424: BERGERSON CASWELL INC 11/28/2016 106425 21985 601-49400-405 pump#1-repair Navarre plant Water Total 106425: BILL &AMANDA HENNEMAN 11/28/2016 106426 2014-00753 101-22205 Escrow Refund -#2014-00753 Total 106426: BITUMINOUS ROADWAYS INC 11/21/2016 106335 C13.111231. 225-45200-590 Brown Road Trail-RFP#1 F BITUMINOUS ROADWAYS INC 11/21/2016 106335 RFP#1.BRW 225-45200-590 Brown Road Trail-RFP#1 and Final Total 106335: BITUMINOUS ROADWAYS INC 11/28/2016 106427 C13.111231. 225-45200-590 Brown Road Trail-RFP#1 F Total 106427: BUDGET PRINTING 11/28/2016 106428 3122 601-49400-322 shipping Water Total 106428: CARDMEMBER SERVICE 11/28/2016 106429 110116JL 614-49840-401 COuncil Chambers Tables Cable Franchise CARDMEMBER SERVICE 11/28/2016 106429 110816RO 320-47000-319 Postage -Refunding Bond Documents to Faegre Bak CARDMEMBER SERVICE 11/28/2016 106429 111616SO 601-49400-405 Blackdrit & Sof for water main repair Water CARDMEMBER SERVICE 11/28/2016 106429 11 1716C 101-42110-437 Meals -Range Officers-Trg-Dept Shoot Police Department Invoice Amount 140.00 1,152.00 200.00 1,837.00 25.75 25.75 450.00 22,220.00 22,220.00 700.00 700.00 28,745.20- 28,745.20- 57,490.40- 28,745.20 28,745.20 11.97 11.97 1,974.00 22.95 127.50 77.95 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CARDMEMBER SERVICE 11/28/2016 106429 112116JL 101-41300-439 Lunch meeting -Minnetonka Beach Administration 21.00 Total 106429: 2,223.40 GEMSTONE 11/28/2016 106430 C1711172 101-43000-224 block for Bin Dividers, Rock, Dirt, Woodchips Public Works Department 346.66 GEMSTONE 11/28/2016 106430 C1711172 601-49400-227 block for Bin Dividers, Rock, Dirt, Woodchips Water 346.67 CEMSTONE 11/28/2016 106430 C1711172 602-49450-227 block for Bin Dividers, Rock, Dirt, WoodChips Sewer 346.67 Total 106430: 1,040.00 CHRIS FISCHER 11/28/2016 106431 111916CFIS 101-42400-226 reimb clothing Building & Zoning 50.38 Total 106431: 50.38 CHRISTOPHER LAPPEN & KELL 11/28/2016 106432 2016-00452 101-22205 Escrow Refund -#2016-00452 2,500.00 Total 106432: 2,500.00 CHUNKS LAKESHORE AUTO 11/28/2016 106433 0014289 101-42110-402 #239 oil change & service, tires, replace brake pads Police Department 537.95 CHUNKS LAKESHORE AUTO 11/28/2016 106433 0014294 101-42110-402 #237 Oil Change & Service Police Department 42.74 CHUNKS LAKESHORE AUTO 11/28/2016 106433 0014297 101-42110-402 #244 Oil Change & Service Police Department 45.79 Total 106433: 626.48 CITYVIEW PLUMBING & HEATIN 11/28/2016 106434 45265 601-49400-405 replace the bail valve outside water line, Outdoor fa Water 835.48 Total 106434: 835.48 CLAIMFOX, INC. 11/28/2016 106435 28900588 101-42110-311 FSB Criminal RED pages, research hours, certificati Police Department 38.95 Total 106435: 38.95 Coco -Cola Refreshments 11/28/2016 106436 0178082818 101-45210-092 Soda, water Golf Course 188.16 Total 106436: 188.16 COLLINS ELECTRICAL CONSTR 11/28/2016 106437 1959 101-42110-404 Troubleshoot & Replace Ballast Police Department 484.87 Total 106437: 484.87 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Department Invoice Amount Public Works Department 432.14 Administration 2,838.50 Public Works Department 100.00 Public Works Department Central Services Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 125.00 COMMERCIAL ASPHALT 11/28/2016 106438 161031 101-43000-224 Asphalt Total 106438: 57.94 Central Services 2.63 Public Works Department 64.99 CRAIG RAPP LLC 11/28/2016 106439 16.11.01 101-41300-437 leadership development program Total 106439: DELTA DENTAL 11/28/2016 106440 0037220072/ 101-15998 003722072 Nov/2016- Dental DELTA DENTAL 11/28/2016 106440 0037220072/ 101-21709 003722072 Nov/2016- Dental Total 106440: DOBOSZENSKI & SONS, INC. 11/28/2016 106441 5734 101-43000-489 Concrete Total 106441: EARL F ANDERSON & ASSOC 11/28/2016 106442 0112930 -IN 101-43000-224 signs for Rettinger Dr Total 106442: ECM PUBLISHERS INC 11/28/2016 106443 426712 101-41900-352 Publish Sex Offender Notice ECM PUBLISHERS INC 11/28/2016 106443 426713 101-41900-352 11/21/16 -Public Hearing ECM PUBLISHERS INC 11/28/2016 106443 429076 101-41900-352 Public Accuracy Test Ad Total 106443: ESS BROTHERS & SONS 11/28/2016 106444 VV9021 602-49450-227 ADJ Ring Total 106444: FILEONQ INC 11/28/2016 106445 6126 101-42110-311 software support 2017 Total 106445: G & K SERVICES 11/28/2016 106446 1006100395 101-43000-226 towel & mats G & K SERVICES 11/28/2016 106446 1006100395 101-41900-404 uniforms G & K SERVICES 11/28/2016 106446 1006178643 101-41900-404 towels G & K SERVICES 11/28/2016 106446 1006178643 101-43000-226 uniforms G & K SERVICES 11/28/2016 106446 1006189788 101-41900-404 mats towels Department Invoice Amount Public Works Department 432.14 Administration 2,838.50 Public Works Department 100.00 Public Works Department Central Services 35.76 Central Services 119.20 Central Services 29.80 184.76 Sewer 125.00 125.00 Police Department 1,235.64 1,235.64 Public Works Department 20.78 Central Services 57.94 Central Services 2.63 Public Works Department 64.99 Central Services 17.03 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Central Services 2.63 G & K SERVICES 11/28/2016 106446 1006189788 101-43000-226 uniforms G & K SERVICES 11/28/2016 106446 1006200904 101-41900-404 towels G & K SERVICES 11/28/2016 106446 1006200904 101-43000-226 uniforms G & K SERVICES 11/28/2016 106446 1006787653 101-41900-404 Shop towels G & K SERVICES 11/28/2016 106446 1006787653 101-43000-226 uniform G & K SERVICES 11/28/2016 106446 1006810280 101-43000-226 mats G & K SERVICES 11/28/2016 106446 1006810280 101-41900-404 uniform G & K SERVICES 11/28/2016 106446 1006855432 101-41900-404 mats -Short paid in Aug 16 G & K SERVICES 11/28/2016 106446 1006912982 101-43000-226 credit -Uniforms Returned Total 106446: GENUINE PARTS COMPANY/NA 11/28/2016 106447 341336 101-45210-223 Motor Oil and Oil dry GENUINE PARTS COMPANY/NA 11/28/2016 106447 341768 101-43000-402 Wiper Blades, Dialect Silicone Comp GENUINE PARTS COMPANY/NA 11/28/2016 106447 341795 101-43000-402 Butt Connector -For Truck Electrical Total 106447: H & L MESABI 11/28/2016 106448 96774 101-43000-224 Snow Plow Blades Total 106448: HD SUPPLY WATERWORKS LTD 11/28/2016 106449 G364797 601-49400-227 hydrant Parts Total 106449: HENNEPIN COUNTY INFORTE 11/28/2016 106450 ITC0001021 101-41900-319 DEC/16-Network Access HENNEPIN COUNTY INFOR TE 11/28/2016 106450 ITC0001178 101-43000-240 radio admin fee Total 106450: HENNEPIN COUNTY SHERIFF 11/28/2016 106451 1000083874 101-42110-414 Radio Fees-Oct/16 Total 106451: HYDRO KLEAN 11/28/2016 106452 56206 602-49450-406 LS#5 Clean Total 106452: INTEGRATELECOM 11/28/2016 106453 14224467 101-42110-321 Phone service Department Invoice Amount Public Works Department 64.99 Central Services 2.63 Public Works Department 64.99 Central Services 6.38 Public Works Department 342.32 Public Works Department 20.78 Central Services 58.23 Central Services 6.38 Public Works Department 287.73 - Golf Course 21.67 Public Works Department 41.45 Public Works Department 5.29 Public Works Department 4,079.85 4,079.85 Water 399.60 399.60 Central Services 50.00 Public Works Department 92.90 Police Department 1,823.73 Sewer 4,911.25 4,911.25 Police Department 297.66 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount INTEGRATELECOM 11/28/2016 106453 14224467 101-41900-321 Phone Service Central Services 416.72 INTEGRATELECOM 11/28/2016 106453 14224467 601-49400-321 Phone Service Water 69.45 INTEGRATELECOM 11/28/2016 106453 14224467 602-49450-321 Phone Service Sewer 208.36 Total 106453: 992.19 JERRYTIMPE 11/28/2016 106454 111216JTIMP 101-41900-404 Winterization Of Sprinkler System-CityHall & Police Central Services 110.00 Total 106454: 110.00 JESSICA WEIRDER 11/28/2016 106455 NOV/16-JW 101-42110-437 Nov/1 6-1 PAD Law Enforcement Trg Police Department 45.30 Total 106455: 45.30 KYLE KIRSCHNER 11/28/2016 106456 111716KKIR 101-42110-437 Remiburse Lunch-Trg-3 Officers Police Department 41.27 Total 106456: 41.27 LEXISNEXIS RISK SOLUTIONS 11/28/2016 106457 1297291-201 101-42110-311 Oct/16 contract fee & phone searches Police Department 132.50 Total 106457: 132.50 LOGIS 11/28/2016 106458 42544 101-42110-310 10/2016 -Police Records Police Department 6,017.00 LOGIS 11/28/2016 106458 42544 101-42110-329 10/2016 -Internet Police Department 194.50 LOGIS 11/28/2016 106458 42544 101-41900-329 10/2016 -Internet Central Services 194.50 LOGIS 11/28/2016 106458 42544 101-41900-319 10/2016 -Back -Ups Central Services 980.00 Total 106458: 7,386.00 MAILFINANCE 11/28/2016 106459 N6242306 101-41900-401 postage meter lease Central Services 376.50 Total 106459: 376.50 MANSFIELD OIL COMPANY 11/28/2016 106460 20127356 101-42110-212 Fuel Police Department 2,253.00 MANSFIELD OIL COMPANY 11/28/2016 106460 20127357 101-43000-212 Diesel Public Works Department 368.50 Total 106460: 2,621.50 MCPA C/O BCA CRIME WATCH 11/28/2016 106461 2017-MEMB 101-42110-433 2017 Membership -Jay McCoy Police Department 45.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 11/15/2016 - 11/28/2016 Page: 6 Nov 22, 2016 03:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 106461: 45.00 MEDIACOM 11/28/2016 106462 OCT/16-3983 614-49840-329 GC cable Cable Franchise 7.34 Total 106462: 7.34 Menards HSBC Business Solution 11/28/2016 106463 3282313160 101-43000-224 Sledge Hammer, tape measure, reel tape measure, Public Works Department 116.58 Total 106463: 116.58 MET COUNCIL ENVIRONMENTA 11/28/2016 106464 0001060861 602-49450-383 Dec/2016-Wastewater service Sewer 32,877.48 MET COUNCIL ENVIRONMENTA 11/28/2016 106464 SAC-OCT/16 101-20802 Sac-Oct./16 4,970.00 Total 106464: 37,847.48 METRO WEST INSPECTIONS S 11/28/2016 106465 SEP/16-INSP 101-42400-310 SEP/16-Inspection Services Building & Zoning 8,307.75 Total 106465: 8,307.75 MEYERS OUTDOOR SERVICES 11/28/2016 106466 4509 101-45200-404 Oct116-Lawn care service Parks 2,225.00 MEYERS OUTDOOR SERVICES 11/28/2016 106466 4520 101-45200-319 November/2016-lawncare Parks 2,225.00 Total 106466: 4,450.00 MINT ROOFING 11/28/2016 106467 62458 101-41900-404 PW roof repair -per 2016 top side reprot Central Services 2,554.00 Total 106467: 2,554.00 MN DEPT OF HUMAN RIGHTS 11/28/2016 106468 0000037876 101-42110-437 2016-MDHR Symposium Reg- C. Fischer Police Department 105.00 Total 106468: 105.00 MN DEPT OF LABOR & INDUST 11/28/2016 106469 ABRO151826 101-43000-403 1049704 Pressure Vessel Public Works Department 10.00 MN DEPT OF LABOR & INDUST 11/28/2016 106469 ABRO151827 601-49400-403 114298 & 78625F Pressure Vessel Water 20.00 Total 106469: 30.00 MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 101-34210 Oct/16-Sales tax 2.00 MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 601-20806 Oct/16-Sales tax 9.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Check Check Invoice Invoice GL Account Payee Issue Date Number Number MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 101-37910 MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 101-37920 MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 101-37930 MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 101-37935 MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 101-37940 MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 101-37960 MN DEPT OF REVENUE -WIRE 11/28/2016 106470 OCT/16-SAL 101-37970 Total 106470 Oct/16-Sales tax Oct/16-Sales tax Oct/16-Sales tax Oct/16-Sales tax Oct/16-Sales tax Oct/16-Sales tax Oct/16-Sales tax Description MN MAYORS ASSOCIATION 11/28/2016 106471 2017-DWALS 101-41110-433 2016-2017 membership-DWalsh Total 106471: MOUND TRUE VALUE 11/28/2016 106472 139703 101-42110-240 MOUND TRUE VALUE 11/28/2016 106472 139745 101-42110-240 MOUND TRUE VALUE 11/28/2016 106472 139799 101-42110-240 Total 106472: NATHAN &ANGELA HOFFMAN 11/28/2016 106473 2016-002277 101-22205 Total 106473: NAVARRE HARDWARE 11/28/2016 106474 295567 101-45200-489 NAVARRE HARDWARE 11/28/2016 106474 296770 101-43000-489 NAVARRE HARDWARE 11/28/2016 106474 296971 101-41900-401 NAVARRE HARDWARE 11/28/2016 106474 297216 101-42110-223 NAVARRE HARDWARE 11/28/2016 106474 297331 101-42110-223 NAVARRE HARDWARE 11/28/2016 106474 298554 602-49450-240 NAVARRE HARDWARE 11/28/2016 106474 298613 601-49400-227 Total 106474: NORTH MEMORIAL 11/28/2016 106475 8885027 101-42110-437 Total 106475: OFFICE DEPOT 11/28/2016 106476 8733025430 101-41900-201 OFFICE DEPOT 11/28/2016 106476 8733027710 101-41900-221 Screws, Nuts, Bolts, Paint Fluo Blub, Black garbage bags Windex, Yel Connector, Shapped Scrubber Escrow Refund -#2016-00227 Wonderbrush, lubricant, Travel clock Alk Batteries Air Filter Marking Paint Velcro Steel Pipe, Seal Tape, Coupling, Street Elbow Alk Batteries Department Mayor & Council Police Department Police Department Police Department Parks Public Works Department Central Services Police Department Police Department Sewer Water EMR Refresher Trg-Barnes, Beniek, Franiok, Beck Police Department Bowls Central Services All In One Printer, Keyboard Wireless Central Services Invoice Amount 308.00 320.00 61.00 12.00 9.00 6.00 2.00 30.00 30.00 7.49 36.97 13.27 57.73 2,500.00 26.26 6.99 32.99 17.97 7.58 19.30 115.08 250.00 5.09 189.28 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount OFFICE DEPOT 11/28/2016 106476 8759269750 101-41900-201 Soap, Label, Staples, Laminating Pouches Central Services 138.93 OFFICE DEPOT 11/28/2016 106476 8768357770 101-41900-201 Tissue, Highlighters, Post -Its, Marker Central Services 64.96 OFFICE DEPOT 11/28/2016 106476 8768357770 101-41900-221 Calculator Central Services 65.54 OFFICE DEPOT 11/28/2016 106476 8776647160 101-41900-201 Labels Central Services 75.00 OFFICE DEPOT 11/28/2016 106476 8776647300 101-41900-201 Lables-File Folders Central Services 76.44 Total 106476: 615.24 OPG -3 INC 11/28/2016 106477 1497 101-41900-416 2017 -imaging software annual support Central Services 5,954.00 Total 106477: 5,954.00 PERRYS TRUCK REPAIR 11/28/2016 106478 46203 101-43000-403 Repair Hydraulic Tank on Unit #450 Public Works Department 357.00 Total 106478: 357.00 PLUNKETT S 11/28/2016 106479 5524706 101-41900-404 Sep/16-Pest Control Central Services 223.60 Total 106479: 223.60 PROLAWNS 11/28/2016 106480 OCT./16 101-45200-319 Oct./16-Fall fertilization and weed control Parks 2,874.00 Total 106480: 2,874.00 QUALITY FLOW SYSTEMS INC 11/28/2016 106481 32705 602-49450-406 KSB Wear Ring, Anchor Float switch, Handle Pump, Sewer 1,938.00 QUALITY FLOW SYSTEMS INC 11/28/2016 106481 32787 602-49450-406 LS#10-Repair Sewer 2,305.00 Total 106481: 4,243.00 R.D. & Associates Specialized Ser 11/28/2016 106482 103104 101-43000-319 Tree & Stump Removal Public Works Department 2,220.00 R.D. & Associates Specialized Ser 11/28/2016 106482 103104 101-45200-319 Tree & Stump Removal-Bederwood Park Parks 144.00 Total 106482: 2,364.00 RDO EQUIPMENT 11/28/2016 106483 E04184 651-49910-240 Ditching Bucket For Backhoe Storm Water 3,078.75 RDO EQUIPMENT 11/28/2016 106483 W38305 101-43000-403 #430 repair Public Works Department 2,568.34 Total 106483: 5,647.09 ROGER PEITSO 11/28/2016 106484 OCT/2016-R 101-42400-437 Remiburse-Oct/16-Mileage Continuing Ed -Cert Buil Building & Zoning 31.86 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Check Check Invoice Invoice GL Account Payee Issue Date Number Number Total 106484: SATHRE-BERGQUIST, INC. 11/28/2016 106485 53118 651-49910-304 Total 106485: SCOTT BORIS 11/28/2016 106486 082316-TRG 101-42110-437 SCOTT BORIS 11/28/2016 106486 082316-TRG 101-42110-437 SCOTT BORIS 11/28/2016 106486 082316-TRG 101-42110-437 SCOTT BORIS 11/28/2016 106486 082316-TRG 101-42110-437 SCOTT BORIS 11/28/2016 106486 082316-TRG 101-42110-437 Total 106486: SECOND NATURE GRAPHICS 11/28/2016 106487 183 101-41900-352 Total 106487 SELECTACCOUNT 11/28/2016 106488 1164096 101-41900-319 SELECTACCOUNT 11/28/2016 106488 1167504 101-41900-319 SELECTACCOUNT 11/28/2016 106488 38306036 101-21719 SELECTACCOUNT 11/28/2016 106488 38311231 101-21719 Total 106488 SHERWIN WILLIAMS 11/28/2016 106489 4937-5 101-45200-404 SHERWIN WILLIAMS 11/28/2016 106489 4937-5 101-43000-404 SHERWIN WILLIAMS 11/28/2016 106489 9675-1 101-43000-404 SHERWIN WILLIAMS 11/28/2016 106489 9675-1 101-45200-404 Total 106489 STREICHERS POLICE EQUIP 11/28/2016 106490 11230068 101-42110-226 STREICHERS POLICE EQUIP 11/28/2016 106490 11230115 101-42110-226 STREICHERS POLICE EQUIP 11/28/2016 106490 11230364 101-42110-226 STREICHERS POLICE EQUIP 11/28/2016 106490 11230379 101-42110-226 STREICHERS POLICE EQUIP 11/28/2016 106490 11231045 101-42110-226 STREICHERS POLICE EQUIP 11/28/2016 106490 11231685 101-42110-226 STREICHERS POLICE EQUIP 11/28/2016 106490 11231745 101-42110-226 Description Department Invoice Amount 31.86 Survery for Easement -Orono Orchard Storm Water 450.00 450.00 reimburse -parking government center-Trg-SBoris Police Department 4.00 reimburse -parking government center-Trg-SBoris Police Department 4.00 reimburse -parking government center-Trg-SBoris Police Department 4.00 reimburse -MSA Traing Reg-SBoris Police Department 120.00 reimburse-MSATraing Meal-SBoris Police Department 11.25 143.25 business cards Central Services 98.00 98.00 Oct./16-participant fee Central Services 85.50 Nov/16-participant fee Central Services 85.50 Nov/16-Flex 208.34 11/22/2016 FLEX 55.00 434.34 paint -Orono Signs Parks 45.40 paint -Orono Signs Public Works Department 45.40 paint -Orono Signs Public Works Department 20.93 paint -Orono Signs Parks 20.92 1 o4.00 Duty pants, Flashlight-C.J. Gonsior Police Department 85.00 Jacket, Orono patches-JMcCoy Police Department 88.00 Orono PD Cutouts-CFischer Police Department 492.99 Tactical Assault Carrier, Tactical pockets-TSonnek Police Department 160.00 Tie Bar-EdRundle Police Department 7.99 Mock Turtle, Uniform Shirt Carrier, Under Vest Shirt- Police Department 113.97 Battery-NiCad-Mike Wocken Police Department 86.96 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount STREICHERS POLICE EQUIP 11/28/2016 106490 11232380 101-42110-226 Shirt-C.J. Gonsior Police Department 49.00 STREICHERS POLICE EQUIP 11/28/2016 106490 11232995 101-42110-226 Raido Holder, Belt Keepers -Ed Rundle Police Department 54.99 STREICHERS POLICE EQUIP 11/28/2016 106490 11233039 101-42110-226 Tactical Assault Carrier -Tim Sonnek Police Department 140.00 Total 106490: 1,278.90 TESSMAN COMPANY 11/28/2016 106491 S243625 -IN 101-45210-223 snow mold treatment Golf Course 324.38 Total 106491: 324.38 TIM SONNEK 11/28/2016 106492 102616 -TSO 101-42110-226 reimb for clothing -investigations Police Department 500.00 Total 106492: 500.00 TOLL GAS & WELDING SUPPLY 11/28/2016 106493 40055097 101-43000-224 welding supplies Public Works Department 11.04 Total 106493: 11.04 TRI CITY LAB 11/28/2016 106494 10/01/16-10/ 601-49400-489 water testing Water 625.00 TRI CITY LAB 11/28/2016 106494 10/01/16-10/ 601-49400-489 water testing Water 31.50 Total 106494: 656.50 UNITED STATES POSTAL SERVI 11/28/2016 106495 2017-PRESO 101-41900-322 1st Class Pre Sort permit Central Services 215.00 Total 106495: 215.00 VANGUARD CLEANING SYSTE 11/28/2016 106496 47443 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 11/28/2016 106496 47443 101-42110-407 Janitorial service Police Department 1,039.50 VANGUARD CLEANING SYSTE 11/28/2016 106496 48054 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 11/28/2016 106496 48054 101-42110-407 Janitorial service Police Department 1,039.50 VANGUARD CLEANING SYSTE 11/28/2016 106496 48621 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 11/28/2016 106496 48621 101-42110-407 Janitorial service Police Department 1,039.50 Total 106496: 7,425.00 WASTE MANAGEMENT RECYC 11/28/2016 106497 0022275-280 603-49500-316 11/2016 Recycling 7,781.66 Total 106497: 7.781.66 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 11/15/2016 - 11/28/2016 Nov 22, 2016 03:22PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount WEILANDS ALL SEASONS CLINI 11/28/2016 106498 23795 101-41900-404 City Hall furnace repair Central Services 912.00 Total 106498: 912.00 WILLIAMS TOWING 11/28/2016 106499 142733 231-45650-436 16-013308 155.00 Total 106499: 155.00 WRIGHT HENNEPIN ELECTRIC 11/28/2016 106500 49031204/30 602-49450-381 10/1/16 -11/1/16 -Electrical Service Sewer 32.69 WRIGHT HENNEPIN ELECTRIC 11/28/2016 106500 49031204/30 101-43000-386 10/1/16 -11/1/16 -Electrical Service Public Works Department 109.60 Total 106500: 142.29 Grand Totals: 134,601.15 REQUEST FOR COUNCIL ACTION DATE: November 28, 2016 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 Closed Meeting Title City Administrator Item Description: Closed Meeting — Labor Negotiation The Open Meeting Law, Minn. Stat. Sec. 13D.03, allows the City Council to close a meeting to discuss labor negotiation strategies. The meeting does need to be tape recorded and no further City Council business will be conducted after the closed meeting other than to adjourn. Attached under separate confidential cover is the current proposal from the Police Officers union for discussion. COUNCIL ACTION REQUESTED: Consider a motion to close the regular meeting to discuss labor negotiation strategies. Orono Response L.E.L.S Local #40 Orono Police Officers October 25, 2016 Updated November 28, 2016 1. Article XXV — Duration. The City is willing to negotiate a multiyear agreement. A 3 year agreement is discussed but could be scaled back to 2 years if terms aren't considered favorable. 2. Article XI — Work Schedules. We understand the officers concern about Time Owed City (TOC) but we cannot solve it through language in the union contract because it would limit our management rights for scheduling. However, in an attempt to work proactively with employees, administration has released a new schedule for 2017 bidding that keeps TOC around your goal of 60 hours on a trial basis for one year. Each employee should attempt to payback this "prepaid flex time" in a timely manner each trimester. The City views TOC as a great opportunity to meet community needs including: school traffic control for issues such as the recent road detour, approval of optional training requests that benefit the officer and organization without overtime, special community events, programs such as HeartSafe, ERU, etc. Union agreed to drop the TOC issue based on discussion and the informal action described above. 3. Article XIV — Call Back Time. Accept 4. Article XV — Court Standby. 15.1 — Accept with a cost to employer of $1,871. 15.2 — Accept 15.3 — Accept 15.4 — Accept 5. Article XVIII — Wages. Recommended Tentative Agreement: 2017-2.5% 2018-2.5% 2019- 2% on 1/1/19 and 1% on 7/1/19 6. Article XIX — Insurance. Accept 7. Article XXI — Vacation. Decline (21.1, 21.2, 21.3) —Orono fits within the market norm for vacation leave. The City is committed to allowing and encouraging officers to utilize their vacation time. The City does not want officers banking large quantities of time and would rather have the officers utilize their time off. The City is aware of only one instance where an officer was denied vacation. The City is also without knowledge of why an officer would need more time off given that most cash in their holiday time for pay rather than taking the time off. Union has dropped this issue. 8. Article XXIV — Severance Pay. Accept Article XXV — Post Employment Health Care Saving Account. 25.1 - Accept — Moving to an MOU is fine. 9. Article XXVI - Training. Accept — The City pays for travel to mandatory training at their regular rate of pay and limits travel time for voluntary/optional training to 1 hour per day. Travel time shall be calculated as time from the Orono Police Department to the training. 8/25/16 9/27/16 10/3/16 10/25 10/25 in meeting offer Union 3.75% each 2.75% each year, 2017-2.5% year, plus longevity 2018-2.75% Plus added steps 2019-3% longevity step (bottom line plus travel time) No longevity City 2017 — Option A: 2017-2% 2% 2018-2.25% B: 1.5% plus 2019 — 2.25%, longevity stretch No longevity 2018/19: 2% Recommended Tentative Agreement: 2017-2.5% 2018-2.5% 2019- 2% on 1/1/19 and 1% on 7/1/19 6. Article XIX — Insurance. Accept 7. Article XXI — Vacation. Decline (21.1, 21.2, 21.3) —Orono fits within the market norm for vacation leave. The City is committed to allowing and encouraging officers to utilize their vacation time. The City does not want officers banking large quantities of time and would rather have the officers utilize their time off. The City is aware of only one instance where an officer was denied vacation. The City is also without knowledge of why an officer would need more time off given that most cash in their holiday time for pay rather than taking the time off. Union has dropped this issue. 8. Article XXIV — Severance Pay. Accept Article XXV — Post Employment Health Care Saving Account. 25.1 - Accept — Moving to an MOU is fine. 9. Article XXVI - Training. Accept — The City pays for travel to mandatory training at their regular rate of pay and limits travel time for voluntary/optional training to 1 hour per day. Travel time shall be calculated as time from the Orono Police Department to the training. Memo To: City Administrator Jessica Loftus From: Police Chief Correy Farniok Date November 21, 2016 Re: Police Department Staffing In a recent article (attached) it mentions a couple of topics, such as the "staging crisis" and how many officers does a department need? "Staffing Crisis" Orono PD is not immune to this and we are also going through our own "staging crisis". In the last two years we have lost 4 officers to other departments. 3 of those officers have all been hired by Edina Police Department and the fourth officer was hired by Minneapolis PD. We are not the only department that is experiencing this. South Lake PD has lost two officers, one to Eden Prairie and one to Minnetonka, Minnetrista has lost one officer to Edina PD, West Hennepin has lost one officer to the DNR and one to Eden Prairie PD, and Medina PD lost one officer to Minneapolis PD. The transition of officers from smaller departments to larger departments is occurring for several reasons. One of those reasons is that the applicant pool for new officers has decreased significantly over the last few years. The number of applications for officer positions have seen a drop by more than 50% for some neighboring departments. Of those individuals that are applying, there is a constant number of applicants that continue to apply but rarely advance in the process which results in few viable candidates. Our college programs are also seeing a decrease in the number of students entering the law enforcement programs. With these decreased number of students in the law enforcement program and fewer applicant for job postings, several departments are "recruiting" current officers from other departments. The "recruiting" has had a significant impact on our department. In exit interviews with two of the officers they said that they left Orono PD for Edina PD because they wanted more opportunities (K-9) and that Edina was busier. Additionally, the officers pay was also much higher than their current salary. Prior to these officers leaving, in the last 15 years we had only lost two officers to other agencies, one officer went to St. Louis County SO to be closer to family and the other was to Golden Valley to pursue supervisor opportunities. The four that left recently all had between 2 and 10 years with the department. Not one of these officers had reached top pay in our pay scale. When compared to our neighboring Lake Area police departments we do have several advantages, but these advantages diminish when compared to larger agencies 5-10 miles outside the Lake Minnetonka Area. Orono PD offers two school resources officer positions, a west metro drug task force position, and two investigative positions. These positions rotate every three years to provide officers with other opportunities to enhance their skills other than patrol. Officers can also participate as a member of the Lake Area SWAT team, Safe and Sober/TZD enforcement, Crime Prevention Specialist, Child Safety Seat Inspector, and Commercial Vehicle Weight Enforcement and as instructors for Citizens Police Academy and other community programs. Another advantage for OPD is officer safety. Across the nation officers are under attack. In the last 3 days, four officers have been victims of these brutal and unprovoked attacks. The recent attacks on police officers and the ambush/killing of officers in their squad cars has a huge mental impact on officers. When compared to other Lake Area departments, Orono PD has a three officer minimum during the overnight hours, whereas the majority of other smaller neighboring departments only have one officer on during the overnight hours. With the main stream media and politics aiding in the negativity toward law enforcement it is expected that enrollment in the law enforcement field will continue to see reduced numbers and with fewer qualified applicants we will continue to see larger departments recruiting officers from smaller agencies that have "more opportunities" and higher wages/benefits. The City Council should have a situational awareness of these issues. How many officers does a department need? The article only provided statistics for jurisdictions with more than 50,000 in population. The chart below has information from those agencies in the Lake Area. Most of those populations are under the 10,000 in population. The last column is based upon number of officers per 10,000 population so for those less than 10,000, the factors were doubled to have a comparable number with the others. Population also covers those departments that serve multiple communities. 0 Page 2 # of # per Department Officers Population 10,000 Medina 10 5,887 17.2 Wayzata 12 6,021 20 South Lake 15 12,010 12.5 Minnetrista 11 9,125 12.1 West Hennepin 10 5,453 18.5 Department of Public Safety Rogers 18 12,000 15 Deephaven 7 3,747 18.9 Corcoran 16 5,512 29 Orono 27 19,600 13.7 0 Page 2