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12-12-2016 Council Packet
REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 1 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson Y"-4 Public Hearing Title Finance Director 2017 Budget Hearing Attachments: a) Resolution Adopting the Final 2016 Tax Levy Collectible in 2017 b) Resolution Adopting the Final 2017 General Fund Budget c) Resolution Adopting the 2017 Special Revenue Fund Budgets d) Resolution Adopting the 2017 Enterprise Fund Budgets e) General Budget and Tax Information f) Updated CIP Prior to the adoption of the 2017 budget and tax levy, the City is required to hold a public hearing to allow public input on the budget and tax levy. By law, this hearing must occur between November 29th and December 20th. When the preliminary tax levy and budget was approved in September, the public hearing was set for December 12, 2016 at 6:30. This public hearing is the final step prior to adoption of the budget and tax levy. The budget process was begun by staff at the in May. At a work session held on May 20th the Council was provided background information on the budget and an overview of the budget challenges for 2016. Over the summer a draft budget was prepared and reviewed by the Council at work sessions in July and August. In September the preliminary budget and tax levy was publically presented at the meeting of September 12 and the adopted at the September 26 council meeting. In addition to the work on the actual budget, staff has been working on updating the Capital Improvement Plan (CIP). The CIP identifies the long-term infrastructure needs and is a valuable tool in the budgeting process. In conjunction with the budget process, staff has also reviewed the City's fee schedule. Formal action on the tax levy, budget, and CIP will be taken this evening. Tax Lew The total tax levy required to fund the 2017 budget is $5,353,730. This is an increase of $399,250 or 8.06% over the 2015 levy. A portion of the increase to the levy ($218,506) is designated for funding the City's Pavement Management Plan to address the City's aging road infrastructure. The remaining increase of $180,744 is an increase to the General Fund operating levy. Even with the increase in the levy, the City's tax rate will decrease from 17.325% Orono continues to have one of the lowest tax rates in both Hennepin County (ranking 41 of 45 cities), and the State of Minnesota. The tax levy is used to fund the general operations of the City (General Fund), pay the debt service on the City's outstanding bonds, and to fund the Pavement Management Fund. The breakdown of the 2017 levy is $754,990 for debt service, $401,500 for roads, and the remaining $4,197,240 is used in the General Fund. . Tax Capacity Rate and the Impact of the Tax Lew on Property Owners The County Assessor provides an annual calculation of the City's tax capacity based on the annual property revaluation. As of 11/6/2016, the City's taxable market value is $27,410,589.02 with a tax capacity of $30,813,491. When compared to last year, taxable market value has increased by 8.28% and the tax capacity by 8.06%. As a result of the City's increased tax capacity, the tax capacity rate will decrease from 17.325% in 2016 to 17.241% in 2017. Using this tax rate and assuming no change in a property's value, the City's share of the property tax bill would be: a decrease of $1.98 (-0.48% on a home previously valued at $250,000; a decrease in tax of $4.20 (-0.48%) on a $500,000 home; a $1,000,000 home will see a decrease of $9.45 (- 0.48%); and a $2,000,000 home has a decrease of $19.95 (0.48%). The actual tax impact on any particular property will depend on how the property's taxable value changed in relation to the rest of the City. Tables illustrating a 5% increase in value and a 5% decrease in value are included in attachment e. General Fund Budget General Fund Expenditures The 2017 expenditure budget is $7,988,364 which is an increase of $279,794 (3.63%) over the 2017 budget. The increase of $159,910 (3.92%) in the Police Department is primarily the result wage increases due to pay steps/longevity ($45,000), a 2.5% wage that was negotiated with the police unions ($58,510), and an increase in worker compensation due to a change in our experience rating ($36,000). Other notable increases are $21,430 (8.8%) in Central Services. An increase in software licensing costs ($8,000) and the move to a cloud based backup solution ($6,000) account for the most of this increase. The Planning Department is projected to increase by $55,420. The largest increase would be $30,000 (Professional Services) for the Navarre Area Plan. Other increases include the Engineering line item ($10,000) for Comp Plan maps and Meeting Expenses ($9,450) for community outreach related to the Comp Plan. The department is also planning to purchase ipads ($3,500) for the planning commission in 2017. The Parks Department is increasing by $8,350. The main increases ($6,100) is in maintenance supplies and is needed to replace benches, tables, gates, and other park items that have not been maintained on a regular basis. Maintenance Building and ground also is being increased by $1,800 to more accurately reflect current maintenance levels. The major costs in the line item are: Mowing - $17,800; Big Island Docks - $9,000; Tree Trimming - $5,000; and Sentence to Serve - $6,779. General Fund Revenues The primary revenue source for the General Fund, accounting for 52.5% of the revenue budget, is the property tax levy. The 2017 General Fund tax levy is $4,197,244 which is the same amount is $180,744 (4.5%) higher than the 2016 General Fund levy. Total General Fund revenues are budgeted to increase by $294,294 (3.8%) in 2017. Of the revenue amounts that are increasing, the largest is an increase of $61,000 for contracted police services. Plan Check fees are being increased by $15,000; with the related Variance and Engineering & Legal fees increasing by a total of $10,000. Investment interest is being increased by $19,000. Finally, golf course revenue is being increased by $12,000. Effective 1/1/2017, the City will no longer be issuing dog licenses. This revenue amount ($4,000) has been removed from the Revenue Budget. Special Revenue Funds The special revenue funds that budgets are adopted for are the Park Fund, The Drug Forfeiture Fund, and the TIF Fund. Special revenue funds by definition have a primary source of revenue that is dedicated for a specific purpose. In the Park Fund the primary revenue source is park dedication fees collected from developers. By state law, these funds must be used for parkland acquisition and development. The Drug Forfeiture Fund receives its primary funding from the Police Department's drug and alcohol enforcement activities. The funds must be used for drug and alcohol related activities. The TIF Fund is used to account for revenues related to the Orono Woods Senior Housing Development. Debt Service Levies The 2017 levy for debt service is $754,990. This levy is used to pay the debt service on the City's outstanding bonds. Enterprise Funds The Water, Sewer, Stormwater, and Recycling Funds are designed to account for the business type activities of the City. These funds do not receive any property tax revenue. As part of the 2017 fee schedule, the following rate increases were approved: Water 11 %; Sewer 4%, Stormwater 10%, and Recycling by 10%. The fee schedule was approved at the November 28 council meeting. Water The water fund has historically been operating at a loss. Because depreciation is a non-cash expenditure, the fund has had a positive operating cash flow since 2009. In most years, the operating loss has been covered by the revenue received from antenna leases on the water towers. Due to consolidations in the cellular industry and changing technologies, the lease revenue is not guaranteed to continue indefinitely. As presented, the operating budget for 2017 will have a small operating loss of $4,628. The expenditure budget is increasing by $15,253 (2.37%). $10,000 of the increase is in maintenance supplies and maintenance. The operating transfer of $55,000 is to the debt service fund supporting the Casco Point Bonds ($55,000). The non-operating interest expense is for the interest on the 2014 Water Bonds. 2017 capital expenditures as identified in the draft CIP include a monitoring software upgrades, the north water system extension, a mixer for the north water tower, well number one maintenance, and the replacement of a 1992 Generator. The 2017 capital expenditures total $423,000. The costs associated with the northern expansion ($120,000) will eventually be recovered as the properties being served are developed. The Water Fund's current cash balance is $1,730,000. Sewer In recent years, including 2015, the sewer fund has mostly operated at a loss. Non-operating revenues however, have consistently offset the operating losses. This has resulted in a positive operating cash flow for the fund. In 2016, the fund is budgeted to break even. In 2016, the fund benefitted by a 19% ($92,777) decreases in wastewater disposal charges from the Metropolitan Council. In 2017, the disposal charges are increasing by 9.5% (37,410). This budget line is the single largest expense for the fund. The presence of a high level of inflow and infiltration (I&I) in our system is responsible for the large variations in the charges. As has been discussed with the Council during previous budget processes, heavy rains and high water tables increase the flow through the MCES lift stations and increase our disposal charges. The total operating expenditure budget is increasing by $124,460 (9.8%) The major increases are the MCES charges ($37,410), wages due to step increases, a 2% COLA, and an increase in workers' comp insurance costs ($22,550), and the non-cash expense of depreciation ($20,000). The revenues are calculated with a 4% increase in the sewer rates as called for in the 2014 as approved in the 2017 fee schedule. The operating transfer is to cover the sewer improvements that were part of the Casco Point project and will continue for another six years. Upcoming capital expenditures can be covered by the fund's current cash balances. Projects identified in the CIP for 2017 include: lift station updates; lift station monitoring improvements, replacement of the Forest Arms main, and residing the garage at the Navarre water plant. The CIP also includes expansion of the northern collection system, these cost will be recovered as the properties served are developed. Total anticipated capital expenditures are $1,140,520. The current cash balance for the fund is $2,265,325. Stormwater The Stormwater Fund is for the most part project based. Operating expenditures are mainly limited to engineering associated with NPDES, SWPPP and other state and federal requirements. Public Works time and materials spent on culvert cleaning/replacement are also charged to this fund. The purpose of this fund is to collect money for the larger Stormwater projects that will be required in the future. The revenue in the attached budget is calculated with a 10% increase in the rates. This is the annual increase required to avoid future special assessments for stormwater projects. Potential CIP projects in 2017 include: Shoreline Stabilization (SWMP 13); System improvements performed with road projects; TMDL Updates; and Kelley Avenue drainage improvements. The capital expenditures total $271,500. The funds current cash balance is $1,557,355. Recycling The recycling fund was newly created in 2013. Its major expenditure line is for contracted recycling charges. The current contract with Waste Management is capped at a 2.8% increase. However, as the result of low prices for recycling materials, the Recycled Material Offset (RMO) credit that we receive has been reduced to $0, this has resulted in the fund underperforming compared to the forecasts made when the fund was established. The full time wages that are charged to the fund represent 10% of the City Clerks wages. An additional fall cleanup is included in this budget. The budget is being presented with a 10% increase in rates. The current cash balance is $36,000. Cable The Cable fund was new for the 2015 budget. The projected revenues are based on current subscriber information and rates. The line item for Internet/Other communications covers the costs associated with streaming and online access of council meetings. It has been increased to pay for an increased cost of our fiber internet connection. Revenue for the fund is in the from franchise fees that are set by the City's franchise agreement with Mediacom. The 2017 CIP includes updates to the City Council presentation equipment. The current cash balance of the fund is $106,660. Construction Funds The City does not adopt formal budgets for construction funds. Possible projects for these funds can be found in the CIP. The CIP is a planning tool only; the projects identified in it will require individual approval from the Council before they can be started. Capital Improvement Plan In 2012 the City formally adopted a Capital Improvement Plan (CIP). In order to keep the CIP useful, it is updated on a yearly basis. It outlines anticipated large budget expenses and provides long term planning for future expenses. The CIP is useful for elected officials in the budget review process and shows how today's decisions impacts future fund balances. Approving the CIP does not authorize any expenditure. Staff is still required to bring any expenditure to Council for approval. Council has discussed the Draft CIP at prior work sessions, and many of the comments and concerns raised have been addressed in the current document. Long term road funding has been discussed at length over a number of work sessions over the past few years. Another work session will be scheduled to discuss the timing and order of road projects. It is possible that the street section will be amended during 2017. COUNCIL ACTION REQUESTED Motion to adopt the attached resolutions approving the final tax levy to fund the 2017 budget; approving the final General Fund 2017 Budget; approving the 2017 Special Revenue Fund Budgets; and approving the 2017 Enterprise Budgets including approval of the 2017 CIP. City of Orono Budget Hearing Attachment A General Tax and Budget Information Taxes Tax Levy Impact on Residential Properties......................................................................1 DebtService......................................................................................................................5 General Fund Summaries GeneralFund Revenue......................................................................................................7 General Fund Expenditure Summary — by Category........................................................9 General Fund Expenditure Summary — by Department..................................................10 General Fund Department Summary Budgets................................................................11 Enterprise Funds Summaries Enterprise Funds Summary Budgets.. Line Item Expenditure Detail Budgets General Fund ....................................... .......................................................................29 .......................................................................35 0 Levy Increase Tax Capacity (N Tax Capacity R� Net City Tax $ Increase from % Increase frorr Effect of 2017 Tax Levy & Budget on Residential Properties No Change in Value Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes no change in value Tax Levy Effect on Residential Property Actual Estimated Actual Estimated Actual Estimated Actual Estimated 2016 2017 2016 2017 2016 2017 2016 2017 Value $250,000 $250,000 $500,000 $500,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 MVE $14,740 $14,740 $0 $0 $0 Tax Value $235,260 $235,260 $500,000 $500,000 $1,000,000 $1,000,0001 $2,000,000 $2,000,000 5.19% 5.19% 5.19% 5.19% et) 2,353 2,353 5,000 5,000 11,250 11,250 23,750 23,750 ate 17.325% 17.241% 17.325% 17.241% 17.325% 17.241% 17.325% 17.241% $407.66 $405.68 $866.25 $862.05 $1,949.06 $1,939.61 $4,114.69 $4,094.74 2016 -$1.98 -$4.20 -$9.45 -$19.95 12016 -0.48% -0.48% -0.48% -0.48% Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes no change in value Tax Levy Effect on Residential Property Levy Increase Tax Capacity (N Tax Capacity R� Net City Tax $ Increase from % Increase frorr Effect of 2017 Tax Levy & Budget on Residential Properties 5.0% Increase in Value Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes a 5.0% Increase in value Tax Levy Effect on Residential Property Actual Estimated Actual Estimated Actual Estimated Actual Estimated 2016 2017 2016 2017 2016 2017 2016 2017 Value $250,000 $262,500 $500,000 $525,000 $1,000,000 $1,050,000 $2,000,000 $2,100,000 MVE $14,740 $13,615 $0 $0 $0 Tax Value $235,260 $248,885 $500,000 $525,000 $1,000,000 $1,050,0001 $2,000,000 $2,100,000 5.19% 5.19% 5.19% 5.19% et) 2,353 2,489 5,000 5,313 11,250 11,875 23,750 25,000 ate 17.325% 17.241% 17.325% 17.241% 17.325% 17.241% 17.325% 17.241% $407.66 $429.13 $866.25 $915.93 $1,949.06 $2,047.37 $4,114.69 $4,310.25 2016 $21.47 $49.68 $98.31 $195.56 12016 5.27% 5.73% 5.04% 4.75% Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes a 5.0% Increase in value Tax Levy Effect on Residential Property Levy Increase Tax Capacity (N Tax Capacity R� Net City Tax $ Increase from % Increase frorr Effect of 2017 Tax Levy & Budget on Residential Properties 5.0% Decrease in Value Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes a 5.0% decrease in value Tax Levy Effect on Residential Property Actual Estimated Actual Estimated Actual Estimated Actual Estimated 2016 2017 2016 2017 2016 2017 2016 2017 Value $250,000 $237,500 $500,000 $475,000 $1,000,000 $950,000 $2,000,000 $1,900,000 MVE $14,740 $15,865 $0 $0 $0 Tax Value $235,260 $221,635 $500,000 $475,000 $1,000,000 $950,0001 $2,000,000 $1,900,000 5.19% 5.19% 5.19% 5.19% et) 2,353 2,271 5,000 4,688 11,250 10,625 23,750 22,500 ite 17.325% 17.241% 17.325% 17.241% 17.325% 17.241% 17.325% 17.241% $407.66 $391.54 $866.25 $808.17 $1,949.06 $1,831.86 $4,114.69 $3,879.23 2016 -$16.11 -$58.08 -$117.21 -$235.46 12016 -3.95% -6.70% -6.01% -5.72% Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes a 5.0% decrease in value Tax Levy Effect on Residential Property Debt Issue 2016 2017 2018 2019 2020 2021 2022 2023 2008 Street Reconstruction Bonds 174,000 Tax levy 192,150 - - - - - - Transfer - Water 55,000 - - - - - - Transfer - Sewer 110,000 - - - - - - 125,000 357,150 - - - - - - 2010 MSA, PMP, Refunding 100,000 Tax Levy 131,050 133,460 130,470 132,725 134,825 131,520 133,325 134,530 MSA Funds 140,938 142,863 139,713 141,488 143,113 139,663 141,063 142,000 2014 Garage, Water, Refunding Tax Levy 431,780 428,700 174,000 165,300 162,900 166,700 161,000 282,000 Transfers - Contract Revenue 125,000 125,000 125,000 100,000 100,000 100,000 100,000 100,000 Transfers - Water Fund 103,000 102,000 102,000 102,000 102,000 102,000 102,000 101,000 659,780 655,700 401,000 367,300 364,900 368,700 363,000 483,000 2016 GO Refeunding Bonds Tax levy - 192,840 406,530 412,975 413,275 412,780 416,675 Transfer - Water - 55,000 55,000 55,000 55,000 55,000 55,000 Transfer - Sewer - 110,000 110,000 110,000 110,000 110,000 110,000 - 357,840 571,530 577,975 578,275 577,780 581,675 Current Debt Service Sources 1,288,918 932,023 671,183 641,513 642,838 639,883 637,388 759,530 Total Levy Required 754,980 755,000 711,000 711,000 711,000 711,000 711,000 416,530 Total Transfers 393,000 392,000 392,000 367,000 367,000 367,000 367,000 201,000 Total MSA 140,938 142,863 139,713 141,488 143,113 139,663 141,063 142,000 Total 1,288,918 1,289,863 1,242,713 1,219,488 1,221,113 1,217,663 1,219,063 759,530 Debt Issue 2008 Street Reconstruction Bonds Tax levy Transfer - Water Transfer - Sewer 2010 MSA, PMP, Refunding Tax Levy MSA Funds 2014 Garage, Water, Refunding Tax Levy Transfers - Contract Revenue Transfers - Water Fund 2016 GO Refeunding Bonds Tax levy Transfer - Water Transfer - Sewer Current Debt Service Sources Total Levy Required Total Transfers Total MSA Total 2024 2025 2026 2027 2028 2029 130,000 130,725 267,469 268,413 26,985 277,000 277,000 278,857 278,000 278,002 101,000 101,000 101,000 101,000 101,000 101,000 378,000 378,000 379,857 379,000 379,002 101,000 645,469 646,413 406,842 379,000 379,002 101,000 407,000 407,725 278,857 278,000 278,002 - 101,000 101,000 101,000 101,000 101,000 101,000 137,469 137,688 26,985 - - - 645,469 646,413 406,842 379,000 379,002 101,000 1 Revenue Detail Percentage 2014 Y -T -D 2015 2016 Increase Increase Revenue Source Actual Oct 31,2015 Budget Budget (Decrease) (Decrease) Property Taxes 4,013,140 2,044,925 4,016,500 (4,016,500) -100.0% Total Licenses 17,564 8,484 19,450 (19,450) -100.0% Total Permits 371,813 424,264 396,500 (396,500) -100.0% Total Intergovernmental 497,079 244,570 217,220 (217,220) -100.0% Total Gen Govt Service Charges 444,034 392,838 345,350 (345,350) -100.0% Total Public Safety Service Charges 2,229,118 2,176,066 2,250,150 (2,250,150) -100.0% Total Fines and Forfeits 130,206 77,008 145,500 (145,500) -100.0% Total Investment Revenue 87,863 424 35,500 (35,500) -100.0% Total Miscellaneous Revenue 188,161 228,278 153,700 (153,700) -100.0% Total Revenue 7,978,978 5,596,857 7,579,870 (7,579,870) -100.0% 1 Revenue Detail City of Orono 2017 Revenue Budget Summary Beer & Liquor Licenses Cigarette Licenses Garbage Haulers Licenses Other Business License/Permit Dog Licenses Total Licenses Building Permits Zoning Permit Mechanical/Septic/Other Plumbing Permit Total Permits Federal Grant -other Market Value Credit Police State Aid Police Training Reimbursement PERA State Aid State Grant -other Total Intergovernmental Administrative Charges for Svc General Taxable Sales/Service Assessments searches Plan Check/Site Exam Fees Cond Use-Variance-Dev Fees Engineering & Legal Fees Bldg Permits -mail in fees On-site Septic Program fees Coop Agreement -public works InterDepartmental Services -PW Total Gen Govt Service Charges Coop Agreement -inspection Coop Agreement -police Police Special Services False Alarm Fees Police Reports Police Reserve Receipts Total Public Safety Service Charges Other Fines Court Fines Drug Task Force Dog Impound Fees Total Fines and Forfeits Interest on investments Interest -NOW account Total Investment Revenue Utility Penalties Total Golf Course Receipts Miscellaneous Revenue Rent Income Contributions & donations Refunds & Reimbursements Sale of Equipment Increase (Decrease) 180,744 Percentage Increase (Decrease) 4.5 4,550 2015 Y -T -D 2016 2017 Revenue Source Actual Jun 30,2016 Budget Budget Current Ad Valorem Taxes 3,946,275 - 4,016,500 Delinquent Ad Valorem Taxes 7,736 - Fiscal Disparities 34,074 1,100 Personal Property Tax 15,874 0.0% Forfieted Tax Sale Apportionmt - 5,400 Rent Credit - 0.0% Penalties and Interest -Taxes 209 4,000 Property Taxes 4,004,169 4,016,500 4,197,244 Beer & Liquor Licenses Cigarette Licenses Garbage Haulers Licenses Other Business License/Permit Dog Licenses Total Licenses Building Permits Zoning Permit Mechanical/Septic/Other Plumbing Permit Total Permits Federal Grant -other Market Value Credit Police State Aid Police Training Reimbursement PERA State Aid State Grant -other Total Intergovernmental Administrative Charges for Svc General Taxable Sales/Service Assessments searches Plan Check/Site Exam Fees Cond Use-Variance-Dev Fees Engineering & Legal Fees Bldg Permits -mail in fees On-site Septic Program fees Coop Agreement -public works InterDepartmental Services -PW Total Gen Govt Service Charges Coop Agreement -inspection Coop Agreement -police Police Special Services False Alarm Fees Police Reports Police Reserve Receipts Total Public Safety Service Charges Other Fines Court Fines Drug Task Force Dog Impound Fees Total Fines and Forfeits Interest on investments Interest -NOW account Total Investment Revenue Utility Penalties Total Golf Course Receipts Miscellaneous Revenue Rent Income Contributions & donations Refunds & Reimbursements Sale of Equipment Increase (Decrease) 180,744 Percentage Increase (Decrease) 4.5 4,550 - 7,000 7,000 0.0% 1,000 125 400 400 0.0% 1,140 1,080 1,100 1,100 0.0% 5,892 3,537 5,400 5,400 0.0% 2,183 462 4,000 - (4,000) -100.0% 14,765 5,204 17,900 13,900 (4,000) -22.3% 413,188 166,581 375,000 375,000 0.0% 2,718 979 1,750 1,750 0.0% 72,857 28,173 50,000 50,000 0.0% 32,015 16,326 25,000 25,000 0.0% 520,778 212,060 451,750 451,750 0.0% - - - - N/A 474 - - N/A 211,354 200,000 200,000 0.0% 9,662 10,000 10,000 0.0% 7,219 - 7,220 7,220 0.0% 23,305 5,184 10,000 10,000 0.0% 252,013 5,184 227,220 227,220 0.0% 81,600 42,650 80,000 80,000 0.0% 1,300 462 1,000 1,000 0.0% 700 240 300 300 - 0.0% 221,993 120,898 175,000 190,000 15,000 8.6% 49,282 24,985 35,000 40,000 5,000 14.3% 59,349 34,847 35,000 40,000 5,000 14.3% 867 439 700 700 - 0.0% 44,640 44,550 44,500 44,500 0.0% 933 3,463 3,000 3,000 0.0% - - - - - N/A 460,665 272,533 374,500 399,500 25,000 6.7% 27,862 6,734 15,000 15,000 - 0.0% 2,149,555 1,949,484 2,222,500 2,283,500 61,000 2.7% 93,641 5,975 75,000 75,000 - 0.0% 4,750 750 4,000 4,500 500 12.5% 956 342 800 850 50 6.3% 1,600 - 500 500 - 0.0% 2,278,365 1,963,284 2,317,800 2,379,350 61,550 2.7% - - - - - N/A 93,975 28,398 80,000 80,000 0.0% - - - - N/A 300 - 500 500 0.0% 94,275 28,398 80,500 80,500 - 0.0% 72,359 - 35,000 54,000 19,000 54.3% 588 207 500 500 - 0.0% 72,947 207 35,500 54,500 19,000 53.5% 1,460 120 1,500 1,500 - 0.0% 188,166 91,928 138,000 150,000 12,000 8.7% 3,586 988 3,000 3,000 - 0.0% 4,950 3,150 5,400 5,400 0.0% 628 - - - N/A 1,544 1,851 - - N/A 17,610 44,116 20,000 20,000 0.0% 2 Revenue Detail City of Orono 2017 Revenue Budget Summary X Percentage 2015 Y -T -D 2016 2017 Increase Increase Revenue Source Actual Jun 30,2016 Budget Budget (Decrease) (Decrease) Filing fees-elections/plats 6,985 7,240 4,000 4,000 0.0% Total Miscellaneous Revenue 224,928 149,392 171,900 183,900 12,000 7.0% Total Revenue 7,922,906 2,636,262 7,693,570 7,987,864 294,294 3.8% X 10 City of Orono 2017 General Fund Budget Major Expenditure Categories 1 GF Expenditure by Category 2017 Increase 2015 2015 Y -T -D 2016 Draft (Decrease) Increase Budget Actual Jun 30,2016 Budget Budget 2015 to 2016 (Decrease) Personal Services 4,834,770 4,684,658 2,170,860 4,951,340 5,096,600 145,260 2.93% Supplies & Maintenance 676,675 544,398 246,313 636,510 618,804 (17,706) -2.78% Insurances 98,030 98,593 49,348 97,470 99,220 1,750 1.80% Professional Services 952,150 982,028 403,614 1,023,400 1,081,950 58,550 5.72% Other Expenses 381,945 365,002 177,615 383,350 401,590 18,240 4.76% Capital Outlay 198,300 174,048 127,417 202,000 204,000 2,000 0.99% Transfers to Other Funds 390,000 679,000 - 365,000 375,000 10,000 2.74% Contingencies 40,000 24,500 1,356 40,000 100,000 60,000 150.00% Purchases for Resale 8,000 13,107 5,751 9,500 10,700 1,200 12.63% Total 7,579,870 7,565,334 3,182,275 7,708,570 7,987,864 279,294 3.62% 1 GF Expenditure by Category City of Orono 2017 General Fund Budget Departmental Budgets 1 GF Expenditure by Department Dollar % 2015 2015 2016 2017 Increase Increase Budget Actual Budget Budget (Decrease) (Decrease) Mayor & Council 91,700 91,446 83,240 85,150 1,910 2.29% Administration 280,560 269,268 291,120 296,650 5,530 1.90% Elections 2,400 316 18,130 3,160 (14,970) -82.57% Assessing 160,000 166,074 180,000 180,000 - 0.00% Finance 318,620 307,892 322,320 323,670 1,350 0.42% Law/Legal Services 97,500 96,581 102,500 104,000 1,500 1.46% Central Services 239,050 240,555 244,470 265,900 21,430 8.77% Human Services 12,400 11,997 12,400 12,400 - 0.00% Police 3,971,675 3,737,312 4,076,850 4,236,760 159,910 3.92% Fire Protection Services 387,000 383,856 395,150 397,000 1,850 0.47% Building & Zoning 686,500 670,933 707,050 762,470 55,420 7.84% Engineering 25,000 17,080 20,000 20,000 - 0.00% Street Maintenance 554,440 496,239 493,830 499,825 5,995 1.21% Parks 105,100 109,375 108,120 116,469 8,349 7.72% Golf Course 147,995 159,454 152,640 172,670 20,030 13.12% Special Services 69,930 103,456 95,750 95,750 - 0.00% Special Projects -Contingencies 40,000 24,500 40,000 41,490 1,490 3.73% Transfers to Other Funds 390,000 679,000 365,000 375,000 10,000 2.74% Total General Fund Expenditures 7,579,870 7,565,334 7,708,570 7,988,364 279,794 3.63% 1 GF Expenditure by Department 2017 General Fund Operating Budget Departmental Summary Mayor & Council 41110 City Council Total 91,700 91,446 83,240 46,263 85,150 1,910 2.29% PROGRAM DESCRIPTION & OBJECTIVES: The City Council oversees the policies and procedures that govern the city in promoting the health, safety, and general welfare of the citizens of Orono. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for City Council Representatives. *City-wide Memberships are as follows: Lake Minnetonka Conservation District 52,920 League of Minnesota Cities 7,750 Metro Cities 3,320 63,990 *Other Expenses includes training and meeting expenses 1 GF Expenditure Department Summary Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 19,590 19,682 19,640 9,821 19,660 20 0.10% City Wide Memberships 70,810 70,387 62,100 36,042 63,990 1,890 3.04% Other Expenses 1,300 1,376 1,500 401 1,500 0 0.00% City Council Total 91,700 91,446 83,240 46,263 85,150 1,910 2.29% PROGRAM DESCRIPTION & OBJECTIVES: The City Council oversees the policies and procedures that govern the city in promoting the health, safety, and general welfare of the citizens of Orono. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for City Council Representatives. *City-wide Memberships are as follows: Lake Minnetonka Conservation District 52,920 League of Minnesota Cities 7,750 Metro Cities 3,320 63,990 *Other Expenses includes training and meeting expenses 1 GF Expenditure Department Summary Administration Total 280,560 269,268 291,120 129,490 296,150 5,030 1.73% PROGRAM DESCRIPTION & OBJECTIVES: The Administration Department includes the City Administrator who is responsible for meeting satatutory and legal obligations, implementing policy established by the City Council and ensuring the successful management of all city operations. In addition the City Administrator is responsible for overseeing the human resource function. The City Clerk and Administrative Staff are also included in the Administration Department and perform various function such as customer service, general administrative duties, permits and licensing, elections, data practices, and record management. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the City Administrator and Administration Staff. *Professional Services includes the city recorder for city council meetings. *Other Expenses includes training and development, memberships in professional organizations for the Administrative Staff, and the City Administrator's car allowance. 2 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Administration 41300 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 261,260 251,211 272,520 121,308 278,850 6,330 2.32% Supplies & Maintenance 300 286 300 0 300 0 0.00% Professional Serivices 6,000 5,485 6,000 2,250 6,000 0 0.00% Other Expenses 13,000 12,286 12,300 5,932 11,000 (1,300) -10.57% Administration Total 280,560 269,268 291,120 129,490 296,150 5,030 1.73% PROGRAM DESCRIPTION & OBJECTIVES: The Administration Department includes the City Administrator who is responsible for meeting satatutory and legal obligations, implementing policy established by the City Council and ensuring the successful management of all city operations. In addition the City Administrator is responsible for overseeing the human resource function. The City Clerk and Administrative Staff are also included in the Administration Department and perform various function such as customer service, general administrative duties, permits and licensing, elections, data practices, and record management. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the City Administrator and Administration Staff. *Professional Services includes the city recorder for city council meetings. *Other Expenses includes training and development, memberships in professional organizations for the Administrative Staff, and the City Administrator's car allowance. 2 GF Expenditure Department Summary Personal Services Supplies & Maintenance Other Expenses 2017 General Fund Operating Budget Departmental Summary Elections 41410 2015 2015 2016 Budget Actual Budget 0 0 12,960 2,000 0 2,500 400 316 2,670 Elections Total 2,400 PROGRAM DESCRIPTION & OBJECTIVES: 316 18,130 Increase (Decrease) -91.05% -20.00% -100.00% 1,832 3,160 (14,970) -82.57% The Elections Department administers all federal, state, county, and municipal elections held in the city. Temporary election judges are hired to provide the necessary staffing at polling locations, and for the operation of voting machines. The Administrative Staff provides supervision to the election judges as needed and maintains election records. OPERATING COST ACTIVITIES: *Personal Services are the wages for the temporary election judges. 2016 is an election year. *Other expenses include professional services, postage, travel expenses, advertising, building/equipment rental, training, meeting expenses and other miscellaneous expenses. 3 GF Expenditure Department Summary Dollar Y -T -D 2017 Increase Jun 30, 2016 Draft Budget Decrease 0 1,160 (11,800) 1,832 2,000 (500) 0 0 (2,670) Increase (Decrease) -91.05% -20.00% -100.00% 1,832 3,160 (14,970) -82.57% The Elections Department administers all federal, state, county, and municipal elections held in the city. Temporary election judges are hired to provide the necessary staffing at polling locations, and for the operation of voting machines. The Administrative Staff provides supervision to the election judges as needed and maintains election records. OPERATING COST ACTIVITIES: *Personal Services are the wages for the temporary election judges. 2016 is an election year. *Other expenses include professional services, postage, travel expenses, advertising, building/equipment rental, training, meeting expenses and other miscellaneous expenses. 3 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Assessing 41550 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Assessing Contract 160,000 166,074 180,000 0 180,000 0 0.00% Assessing Total 160,000 166,074 180,000 0 180,000 0 0.00% PROGRAM DESCRIPTION & OBJECTIVES: The City maintains a renewable contract agreement with Hennepin County to provide Assessing services. 4 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Finance Department 41500 Finance Total 318,620 307,892 322,320 151,181 323,670 1,350 PROGRAM DESCRIPTION & OBJECTIVES Increase (Decrease) 0.42% N/A N/A 0.65% 0.42% The Finance Department oversees the City's financial operations, insurances, and employee benefits. It is responsible for preparing the budget document and annual report in accordance with generally accepted accounting principles. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Finance Department Staff. *Other Expenses includes training and development, and memberships in professional organizations for the Finance Staff. 5 GF Expenditure Department Summary Dollar 2015 2015 2016 Y -T -D 2017 Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Personal Services 317,140 306,544 320,790 150,856 322,130 1,340 Supplies & Maintenance 0 0 0 0 0 Professional Services 0 0 0 0 0 Other Expenses 1,480 1,347 1,530 325 1,540 10 Finance Total 318,620 307,892 322,320 151,181 323,670 1,350 PROGRAM DESCRIPTION & OBJECTIVES Increase (Decrease) 0.42% N/A N/A 0.65% 0.42% The Finance Department oversees the City's financial operations, insurances, and employee benefits. It is responsible for preparing the budget document and annual report in accordance with generally accepted accounting principles. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Finance Department Staff. *Other Expenses includes training and development, and memberships in professional organizations for the Finance Staff. 5 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Law/Legal Services 41600 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Professional Services 97,500 96,581 102,500 47,119 104,000 1,500 1.46% Law/Legal Services Total 97,500 96,581 102,500 47,119 104,000 1,500 1.46% PROGRAM DESCRIPTION & OBJECTIVES: The City maintains a renewable contract agreement with two local legal firms to provide legal services. The Legal Department provides professional representation and opinion on city services and operations. OPERATING COST ACTIVITIES: *Professional Services includes the costs associated with the contract with legal staff, prosecution costs, code enforcement, and jail charges. 6 GF Expenditure Department Summary Central Services Total 239,050 240,555 244,470 140,165 265,900 21,430 8.77% PROGRAM DESCRIPTION & OBJECTIVES: The Central Services Department provides for those operating expenses that encompass all city departments. By consolidating these expenditures, the City can more accurately determine the effectiveness of the costs and benefits provided. The City maintains a renewable contract agreement with an outside janitorial service for general cleaning and upkeep of city facilities. The Central Services Department also pays for a portion of the costs associated with the annual audit. OPERATING COST ACTIVITIES: *Supplies & Maintenance include the operating supplies and maintenance expenses on city equipment and facilities. *Other Expenses includes utilities, publishing costs, copier leases, and other miscellaneous charges related to city operations. *Insurance Expenses includes a portion of the City's general and liability insurance costs. *Professional Services includes annual audit expenses and fees associated with administering city benefit plans. 7 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Central Services 41900 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Supplies & Maintenance 79,200 89,511 83,770 45,632 96,200 12,430 14.84% Professional Services 35,000 31,690 32,000 27,147 38,000 6,000 18.75% Insurances 30,200 30,200 30,200 15,100 30,200 0 0.00% Other Expenses 94,650 89,154 98,500 52,287 101,500 3,000 3.05% Capital Outlay & Transfers 0 0 0 0 0 0 N/A Central Services Total 239,050 240,555 244,470 140,165 265,900 21,430 8.77% PROGRAM DESCRIPTION & OBJECTIVES: The Central Services Department provides for those operating expenses that encompass all city departments. By consolidating these expenditures, the City can more accurately determine the effectiveness of the costs and benefits provided. The City maintains a renewable contract agreement with an outside janitorial service for general cleaning and upkeep of city facilities. The Central Services Department also pays for a portion of the costs associated with the annual audit. OPERATING COST ACTIVITIES: *Supplies & Maintenance include the operating supplies and maintenance expenses on city equipment and facilities. *Other Expenses includes utilities, publishing costs, copier leases, and other miscellaneous charges related to city operations. *Insurance Expenses includes a portion of the City's general and liability insurance costs. *Professional Services includes annual audit expenses and fees associated with administering city benefit plans. 7 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Human Services 41800 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Contributions 12,400 11,997 12,400 0 12,400 0 0.00% Human Services Total 12,400 11,997 12,400 0 12,400 0 0.00% PROGRAM DESCRIPTION & OBJECTIVES: The Human Services Department is comprised of area organizations that provide equal opportunity in employment, housing, public services, and education. The City maintains an affiliation with these organizations to ensure a strong relationship with area communities and their citizens. OPERATING COST ACTIVITIES: *Contributions are the contributions made to Human Service Organizations in the Orono area. Organizations include: The Gillespie Center 9,500 Orono Community Education 2,900 12,400 8 GF Expenditure Department Summary Police Total 3,971,675 3,737,312 4,076,850 1,796,309 4,178,250 101,400 2.49% PROGRAM DESCRIPTION & OBJECTIVES: The Police Department provides for the public safety within Orono and several surrounding communities. This is accomplished through preventive patrol, traffic enforcement, education, criminal investigation and prosecution. Through renewable contract agreements, the city provides police services to the communities of Spring Park, Minnetonka Beach, and Mound. Due to the nature of these cooperative agreements, the Police Department operates, and is budgeted for as a 'cost center'. This enables the City to accurately determine the portion of operating costs that pertain to each contract city. *Personal Services include the wages and employment taxes for the Police Department. *Supplies & Maintenance include the operating supplies and maintenance expenses on police equipment and facilities. *Other Expenses includes utilities, fuel, publishing costs, copier leases, and other miscellaneous charges related to police operations. *Insurance Expenses includes a portion of the City's general, liability, and auto insurance costs. *Professional Services includes the police records system, internet, animal care, and medical and psychological evaluations for new officers. 9 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Police Department 42110 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 3,197,850 3,120,780 3,296,420 1,434,325 3,387,560 91,140 2.76% Supplies & Maintenance 292,300 192,860 283,800 104,786 282,300 (1,500) -0.53% Professional Services 102,150 84,190 110,750 42,310 119,810 9,060 8.18% Insurances 55,000 55,000 55,000 27,500 55,000 0 0.00% Other Expenses 126,075 110,434 128,880 59,972 129,580 700 0.54% Capital Outlay 198,300 174,048 202,000 127,417 204,000 2,000 0.99% Police Total 3,971,675 3,737,312 4,076,850 1,796,309 4,178,250 101,400 2.49% PROGRAM DESCRIPTION & OBJECTIVES: The Police Department provides for the public safety within Orono and several surrounding communities. This is accomplished through preventive patrol, traffic enforcement, education, criminal investigation and prosecution. Through renewable contract agreements, the city provides police services to the communities of Spring Park, Minnetonka Beach, and Mound. Due to the nature of these cooperative agreements, the Police Department operates, and is budgeted for as a 'cost center'. This enables the City to accurately determine the portion of operating costs that pertain to each contract city. *Personal Services include the wages and employment taxes for the Police Department. *Supplies & Maintenance include the operating supplies and maintenance expenses on police equipment and facilities. *Other Expenses includes utilities, fuel, publishing costs, copier leases, and other miscellaneous charges related to police operations. *Insurance Expenses includes a portion of the City's general, liability, and auto insurance costs. *Professional Services includes the police records system, internet, animal care, and medical and psychological evaluations for new officers. 9 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Fire Protection Services 42260 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Professional Services 387,000 383,856 395,150 211,166 397,000 1,850 0.47% Fire Protection Services Total 387,000 383,856 395,150 211,166 397,000 1,850 PROGRAM DESCRIPTION & OBJECTIVES: The Fire Department is comprised of renewable contract agreements with the surrounding communities of Long Lake and Wayzata, for fire suppression services. OPERATING COST ACTIVITIES: *Professional Services are the costs associated with the contract agreements with Long Lake and Wayzata. 0.47 10 GF Expenditure Department Summary Building & Zoning Total 686,500 670,933 707,050 314,358 762,470 55,420 7.84% PROGRAM DESCRIPTION & OBJECTIVES: The Planning & Zoning Department oversees the development and redevelopment within the City in accordance with established policies and guidelines. The policies and guidelines have been created and are enforced to maintain the health, safety, and welfare of the public, as well as the aesthetics of the community. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for Planning and Zoning Staff *Professional Services include engineering and legal consulting services related to Planning and Zoning. *Other Expenses includes training and development, and memberships in professional organizations for the Planning & Zoning Staff. 11 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Building & Zoning 42400 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Personal Services 586,100 548,032 577,800 266,141 581,420 3,620 0.63% Supplies & Maintenance 2,500 2,587 3,100 142 6,200 3,100 100.00% Professional Services 93,500 116,315 121,000 46,164 161,000 40,000 33.06% Other Expenses 4,400 4,000 5,150 1,911 13,850 8,700 168.93% Building & Zoning Total 686,500 670,933 707,050 314,358 762,470 55,420 7.84% PROGRAM DESCRIPTION & OBJECTIVES: The Planning & Zoning Department oversees the development and redevelopment within the City in accordance with established policies and guidelines. The policies and guidelines have been created and are enforced to maintain the health, safety, and welfare of the public, as well as the aesthetics of the community. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for Planning and Zoning Staff *Professional Services include engineering and legal consulting services related to Planning and Zoning. *Other Expenses includes training and development, and memberships in professional organizations for the Planning & Zoning Staff. 11 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Engineering 43170 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease (Decrease) Professional Services 25,000 17,080 20,000 4,413 20,000 0 0.00% Engineering Total 25,000 17,080 20,000 4,413 20,000 0 PROGRAM DESCRIPTION & OBJECTIVES: The City maintains a renewable contract with a local firm to provide all engineering services. The Engineering Department provides professional representation and opinion on city services and operations. OPERATING COST ACTIVITIES: *Professional Services are the costs associated with the contract agreement with the engineering firm. 0.00 12 GF Expenditure Department Summary PROGRAM DESCRIPTION & OBJECTIVES: The Street Department provides for the maintainance of all city streets to ensure a safe and driveable condition. Standard maintenance includes seal -coating, patching, snow plowing, and sweeping. Due to its excess storage capacity, the City maintains cooperative agreements with surrounding communities for storage and sale of salt/sand supplies. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Public Works Department. *Supplies & Maintenance include general operating supplies for street repair/maintenance, and vehicle and equipment maintenance. *Other Expenses include electricity costs for street lighting and employee development. 13 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Public Works Department 43000 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 304,310 290,179 289,550 125,057 331,500 41,950 14.49% Supplies & Maintenance 219,450 172,695 173,060 51,873 133,695 (39,365) -22.75% Professional Services 0 641 0 0 0 0 N/A Other Expenses 30,680 32,724 31,220 12,394 34,630 3,410 10.92% Public Works Total 554,440 496,239 493,830 189,323 499,825 5,995 1.21% PROGRAM DESCRIPTION & OBJECTIVES: The Street Department provides for the maintainance of all city streets to ensure a safe and driveable condition. Standard maintenance includes seal -coating, patching, snow plowing, and sweeping. Due to its excess storage capacity, the City maintains cooperative agreements with surrounding communities for storage and sale of salt/sand supplies. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Public Works Department. *Supplies & Maintenance include general operating supplies for street repair/maintenance, and vehicle and equipment maintenance. *Other Expenses include electricity costs for street lighting and employee development. 13 GF Expenditure Department Summary Personal Services Supplies & Maintenance Professional Services Other Expenses 2017 General Fund Operating Budget Departmental Summary Parks 45200 2015 2015 2016 Budget Actual Budget 36,050 36,530 38,970 54,000 57,453 64,000 11,000 9,645 1,000 4,050 5,746 4,150 Increase (Decrease) 1.62% 11.53% 14.00% 4.82% Parks Total 105,100 109,375 108,120 40,484 116,469 8,349 7.72% PROGRAM DESCRIPTION & OBJECTIVES: The Parks & Recreation Department provides for the maintainance of the City's parks. In addition, the city participates in a joint recreation program with area organizations to ensure a community -wide effort in providing adequate recreational facilities. OPERATING COST ACTIVITIES: *Personal Services includes the wages and employment taxes for the Parks Department. *Supplies & Maintenance includes the operating supplies and maintenance for all park facilities. *Other Expenses includes the costs associated with the City's participation with Orono Community Education, and equipment rental. 14 GF Expenditure Department Summary Dollar Y -T -D 2017 Increase Jun 30, 2016 Draft Budget (Decrease) 17,063 39,600 630 21,674 71,379 7,379 495 1,140 140 1,251 4,350 200 Increase (Decrease) 1.62% 11.53% 14.00% 4.82% Parks Total 105,100 109,375 108,120 40,484 116,469 8,349 7.72% PROGRAM DESCRIPTION & OBJECTIVES: The Parks & Recreation Department provides for the maintainance of the City's parks. In addition, the city participates in a joint recreation program with area organizations to ensure a community -wide effort in providing adequate recreational facilities. OPERATING COST ACTIVITIES: *Personal Services includes the wages and employment taxes for the Parks Department. *Supplies & Maintenance includes the operating supplies and maintenance for all park facilities. *Other Expenses includes the costs associated with the City's participation with Orono Community Education, and equipment rental. 14 GF Expenditure Department Summary Personal Services Supplies & Maintenance Insurances Other Expenses Purchases for Resale 2017 General Fund Operating Budget Departmental Summary Golf Course 45210 2015 2015 2016 Budget Actual Budget 77,540 78,214 81,940 26,925 29,006 25,980 12,830 13,393 12,270 22,700 25,733 22,950 8,000 13,107 9,500 Golf Course Total 147,995 159,454 152,640 77,586 172,670 20,030 13.12% PROGRAM DESCRIPTION & OBJECTIVES: The Golf Course provides a golfing opportunity for both residents and visitors to the City. OPERATING COST ACTIVITIES: Personal Services include the wages and employment taxes for the Golf Course. Supplies & Maintenance include general operating supplies for the course and equipment reapirs and maintenance. Insurances include the golf courses share of the City's general, liability, liquor, and auto insurance polices Other Expenses include utilities, golf cart rental, and advertising. Purchase for Resale are items that are food, beverage, clothing and golf supplies that are sold in the clubhouse. 15 GF Expenditure Department Summary Dollar Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget (Decrease) (Decrease) 37,632 93,970 12,030 14.68% 20,355 26,730 750 2.89% 6,748 14,020 1,750 14.26 7,100 27,250 4,300 18.74% 5,751 10,700 1,200 12.63 Golf Course Total 147,995 159,454 152,640 77,586 172,670 20,030 13.12% PROGRAM DESCRIPTION & OBJECTIVES: The Golf Course provides a golfing opportunity for both residents and visitors to the City. OPERATING COST ACTIVITIES: Personal Services include the wages and employment taxes for the Golf Course. Supplies & Maintenance include general operating supplies for the course and equipment reapirs and maintenance. Insurances include the golf courses share of the City's general, liability, liquor, and auto insurance polices Other Expenses include utilities, golf cart rental, and advertising. Purchase for Resale are items that are food, beverage, clothing and golf supplies that are sold in the clubhouse. 15 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Special Services -Consulting & Police 43280 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 34,930 33,485 40,750 8,658 40,750 0 0.00% Professional Services 35,000 69,971 55,000 22,551 55,000 0 0.00% Special Services -Consulting & Police Total PROGRAM DESCRIPTION & OBJECTIVES: 69,930 103,456 95,750 31,209 95,750 0 0.00% The Special Services Department provides a separate 'cost center' for tracking city -provided consulting and Police special service details. Orono residentswho apply for land use variations are subject to be billed for any additional staff, legal, and engineering time that is spent reviewing their application. Thesecharges are recorded in this departmental budget, and the applicants are subsequently billed for this additional time. Orono businesses or residentswho wish to contract with the city for Police security or traffic control are billed for the officers time. The City's costs are recorded in this departmental budget, and are offset by the revenues received from the requesting parties. OPERATING COSTACTIVITIES (Reimbursed): *Personal Services include Police Officer overtime wages for security work and/or traffic control. *Professional Services include legal and engineering review expense for land use applications. 16 GF Expenditure Department Summary Special Projects -Contingencies Total 430,000 703,500 405,000 1,356 475,000 70,000 17.28% PROGRAM DESCRIPTION & OBJECTIVES: The Special Projects & Contingencies Department includes funds allocated for planned projects or events that benefit the entire city, and for any unforseen circumstances that produces additional expenses. This department also provides for operating transfers to other funds. OPERATING COST ACTIVITIES: * Transfers are as follows: Improvement and Equipment Outlay Fund 275,000 2014 Improvement Bond Debt Service Fund 100,000 375,000 *Contingency Items is an amount for unbudgeted and unforseen items that require action before the next budget cycle. GENERAL FUND TOTAL 7,579,870 7,565,334 7,708,570 3,241,652 7,987,864 279,294 3.62% 17 GF Expenditure Department Summary 2017 General Fund Operating Budget Departmental Summary Special Projects -Contingencies 43290 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 0 0 0 0 0 0 N/A Professional Services 0 0 0 0 0 0 N/A Other Expenses 0 0 0 0 0 0 N/A Capital & Transfers 390,000 679,000 365,000 0 375,000 10,000 2.74% Contingency Items 40,000 24,500 40,000 1,356 100,000 60,000 150.00% Special Projects -Contingencies Total 430,000 703,500 405,000 1,356 475,000 70,000 17.28% PROGRAM DESCRIPTION & OBJECTIVES: The Special Projects & Contingencies Department includes funds allocated for planned projects or events that benefit the entire city, and for any unforseen circumstances that produces additional expenses. This department also provides for operating transfers to other funds. OPERATING COST ACTIVITIES: * Transfers are as follows: Improvement and Equipment Outlay Fund 275,000 2014 Improvement Bond Debt Service Fund 100,000 375,000 *Contingency Items is an amount for unbudgeted and unforseen items that require action before the next budget cycle. GENERAL FUND TOTAL 7,579,870 7,565,334 7,708,570 3,241,652 7,987,864 279,294 3.62% 17 GF Expenditure Department Summary 18 GF Expenditure Department Summary Water Operating Fund 2011 2012 2013 2014 2015 2016 2017 Actual Actual Actual Actual Actual Budget Budget Operating Revenue Sales and User Fees 402,392 498,953 439,616 482,816 503,945 550,000 605,000 Operating Expenses Personnel Services 140,783 151,932 148,460 150,591 167,221 175,070 182,138 Professional Services 13,637 15,388 49,863 61,098 33,199 22,200 23,000 Operating and Maint Supplies 36,598 31,978 33,483 34,064 21,383 43,900 43,900 Utilities 70,999 65,614 73,037 68,342 69,161 74,100 74,100 Depreciation 99,006 90,464 94,451 92,645 98,516 115,000 120,000 Maintenance and Repairs 73,365 41,744 64,521 90,725 85,709 95,800 95,800 Admin Charges - General Fund 16,000 16,000 16,000 16,000 15,923 16,000 16,000 Insurance 13,150 10,000 9,990 7,050 10,280 10,280 10,280 Other Expenses 30,877 44,778 34,951 32,952 41,988 44,650 44,410 Total Operating Expenses 494,415 467,898 524,756 553,467 543,380 597,000 609,628 Operating Income (Loss) (92,023) 31,055 (85,140) (70,651) (39,435) (47,000) (4,628) Non -Operating Revenue (Expenses) Connection Fee 2,820 233 - 8,460 - - Water Tower Rental 102,272 107,386 85,729 90,016 92,916 105,000 105,000 Special Assessments 9,824 9,123 7,979 6,285 - - - Investment Earnings 12,171 13,264 (14,730) 37,455 18,632 10,000 10,000 Interest Expense (23,977) (1,900) (899) - (33,940) (103,000) Misc Revenue 289 6,173 414 113 76 1,000 Total Non -Operating Revenue 103,399 134,279 78,493 142,329 77,684 116,000 12,000 Income (Loss) Before Transfers/CIP 11,376 165,334 (6,647) 71,678 38,249 69,000 7,372 Operating Transfers (55,000) (55,000) (55,000) (55,000) (158,000) (158,000) (55,000) 1 Enterprise Summary Budget Sewer Operating Fund 2011 2012 2013 2014 2015 2016 2017 Actual Acutal Actual Actual Actual Budget Budget Operating Revenue Sales and User Fees 1,082,911 1,107,357 1,142,534 1,204,554 1,284,521 1,268,500 1,319,240 Operating Expenses Personnel Services 232,928 248,776 258,097 259,881 276,127 286,810 309,360 Professional Services 27,897 16,869 30,027 14,175 19,116 23,200 25,500 Operating and Maint Supplies 9,283 9,448 10,779 13,532 11,663 18,930 25,900 Utilities 46,242 31,398 36,322 39,505 30,539 40,000 40,000 Depreciation 239,502 256,217 261,217 270,819 304,437 285,000 305,000 Maintenance and Repairs 116,950 68,275 90,801 86,838 98,222 98,050 112,050 Admin Charges - General Fund 32,000 32,000 32,000 32,000 32,000 32,000 32,000 Insurance 8,850 10,000 10,000 10,000 18,930 18,930 18,930 Met Council Env Services 394,720 424,202 359,863 398,991 487,307 394,530 431,940 Other Expenses 45,489 58,886 58,378 55,418 49,930 70,370 91,600 Total Operating Expenses 1,153,861 1,156,071 1,147,484 1,181,159 1,328,271 1,267,820 1,392,280 Operating Income (Loss) (70,950) (48,714) (4,950) 23,395 (43,750) 680 (73,040) Non -Operating Revenue (Expenses) Connection Fee 34,970 - - 21,253 39,705 - - Special Assessments 36,122 46,181 30,402 143,070 - - - Investment Earnings 38,641 36,749 (33,405) 55,178 30,984 35,000 35,000 Interest Expense (36,776) - - - - - - Misc Revenue 14,376 34,471 97,074 39,138 7,130 20,000 20,000 Total Non -Operating Revenue 87,333 117,401 94,071 258,639 77,819 55,000 55,000 Income (Loss) Before Transfers\CIP 16,383 68,687 89,121 282,034 34,069 55,680 (18,040) Operating Transfers (115,407) (111,000) (111,000) (111,300) (113,575) (110,000) (110,000) 2 Enterprise Summary Budget Storm Water Operating Fund 3 Enterprise Summary Budget 2011 2012 2013 2014 2015 2016 2017 Actual Actual Actual Actual Actual Budget Budget Operating Revenue Sales and User Fees 178,578 196,000 209,459 234,673 255,587 249,500 255,600 Operating Expenses Personnel Services 30,522 45,000 72,298 61,030 54,743 46,620 47,369 Professional Services 27,014 10,000 13,646 25,579 38,746 19,500 19,500 Operating and Maint Supplies 1,783 1,250 1,538 3,032 1,569 1,000 1,000 Utilities - - - - - - - Depreciation 19,588 20,000 27,885 32,092 32,465 31,000 31,000 Maintanence and Repairs 15,214 8,780 11,631 47,003 19,095 29,000 29,000 Admin Charges - General Fund 13,300 16,000 16,000 16,000 16,000 16,000 16,000 Insurance - 1,500 1,500 1,125 720 1,500 1,500 Other Expenses 978 700 1,409 858 409 5,170 6,181 Total Operating Expenses 108,399 103,230 145,907 186,719 163,747 149,790 151,550 Operating Income (Loss) 70,179 92,770 63,552 47,954 91,840 99,710 104,050 Non -Operating Revenue (Expenses) Trunk Charges 74,410 46,519 107,860 90,874 275,213 - - State Grant 165,316 - - - - - - Investment Earnings 8,841 8,500 (11,254) 20,553 14,154 10,000 15,000 Misc Rev - 2,500 - - - Total Non -Operating Revenue 248,567 57,519 96,606 111,427 289,367 10,000 15,000 Income (Loss) Before Transfers\CIP 318,746 150,289 160,158 159,381 381,207 109,710 119,050 3 Enterprise Summary Budget Recycling Operating Fund Income (Loss) Before Transfers 3,845 1,472 15,074 5,510 12,100 4 Enterprise Summary Budget 2013 2014 2015 2016 2017 Actual Actual Actual Budget Budget Operating Revenue Sales and User Fees 86,632 88,708 96,660 104,500 107,600 Operating Expenses Personnel Services 9,992 9,177 5,374 6,490 Professional Services 99,457 98,281 104,674 110,500 114,000 Operating and Maint Supplies - - - - Utilities - - - - Depreciation - - - - Maintanence and Repairs 1,500 - 1,532 1,000 1,000 Admin Charges - General Fund - 1,500 2,500 2,500 2,500 Insurance - - - 500 500 Other Expenses 3,888 6,025 2,526 7,000 7,000 Total Operating Expenses 114,837 114,983 116,606 127,990 125,000 Operating Income (Loss) (28,205) (26,275) (19,946) (23,490) (17,400) Non -Operating Revenue (Expenses) County Grant 24,280 24,793 30,190 25,000 25,000 Investment Earnings (819) (3) 41 - Misc Rev (Includes Penalty) 8,589 2,957 4,789 4,000 4,500 Total Non -Operating Revenue 32,050 27,747 35,020 29,000 29,500 Income (Loss) Before Transfers 3,845 1,472 15,074 5,510 12,100 4 Enterprise Summary Budget Cable TV Fund 2013 Actual Operating Revenue Peg Fees Franchise Fees (Q1 $18,942; Q2 $19,488) Operating Expenses Personnel Services Professional Services Operating and Maint Supplies Utilities Depreciation Maintanence and Repairs Admin Charges - General Fund Insurance Other Expenses _ Total Operating Expenses Operating Income (Loss) Non -Operating Revenue (Expenses) Investment Earnings Misc Rev (Includes Penalty) _ Total Non -Operating Revenue Income (Loss) Before Transfers\CIP 2014 2015 2016 2017 Actual Actual Budget Budget 18,402 - - - 76,493 77,674 75,500 76,000 50 11,831 13,710 13,670 8,393 3,385 4,500 4,500 247 47 - - - 4,314 4,600 4,600 3,985 - 500 500 - 2,500 2,500 2,500 - 9,099 15,000 15,000 _ 12,675 31,176 40,810 40,770 - 63,818 46,498 34,690 35,230 55 550 1,000 1,000 55 550 1,000 1,000 - 63,873 47,048 35,690 36,230 5 Enterprise Summary Budget 36 City of Orono 2017 Line Item Budget Mayor & Council 41110 Total Other Expenses 72,110 71,763 63,600 62,762 65,490 1,890 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) 85,150 Personal Services 2.29% 101 Full -Time Employees Regular 18,200 18,200 18,200 13,650 18,200 0 0.00% 122 FICA 1,390 1,392 1,390 1,044 1,390 0 0.00% 151 Worker's Comp Insurance Prem 0 90 50 38 70 20 40.00% Total Personal Services 19,590 19,682 19,640 14,732 19,660 20 0.10% Other Expenses 433 Memberships 70,810 70,387 62,100 62,168 63,990 1,890 3.04% 437 Training & Development 500 540 500 0 500 0 0.00% 439 Meeting Expenses 800 836 1,000 594 1,000 0 0.00% 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A Total Other Expenses 72,110 71,763 63,600 62,762 65,490 1,890 2.97% City Council Total 91,700 91,446 83,240 77,494 85,150 1,910 2.29% 1 General Fund Line Items City of Orono 2017 Line Item Budget Administration 41300 2 General Fund Line Items Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 192,950 189,820 192,350 132,335 197,790 5,440 2.83% 102 Full -Time Employees Overtime 1,300 0 1,300 330 1,300 0 0.00% 103 Part -Time Employees 0 0 0 0 0 0 N/A 104 Temporary Employees Regular 450 7,653 10,500 7,651 10,500 0 0.00% 121 PERA 14,570 13,545 14,520 9,786 14,930 410 2.82% 122 FICA 14,900 14,083 15,620 10,046 16,030 410 2.62% 135 City Benefit Contribution 35,940 24,960 37,020 25,478 37,020 0 0.00% 142 Unemployment Benefit Payments 0 0 0 0 0 0 N/A 151 Worker's Comp Insurance Prem 1,150 1,150 1,210 908 1,280 70 5.79% Total Personal Services 261,260 251,211 272,520 186,532 278,850 6,330 2.32% Supplies & Maintenance 208 Books & Periodicals 300 286 300 0 300 0 0.00% Total Supplies & Maintenance 300 286 300 0 300 0 0.00% Professional Services 319 Professional Services 6,000 5,485 6,000 3,365 6,000 0 0.00% Total Professional Serivices 6,000 5,485 6,000 3,365 6,000 0 0.00% 2 General Fund Line Items City of Orono 2017 Line Item Budget Administration cont. 41300 3 General Fund Line Items Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 5,000 4,623 4,000 2,700 4,000 0 0.00% 340 General Advertising 0 0 0 0 0 0 N/A 433 Memberships 1,500 1,396 1,300 1,230 500 (800) -61.54% 437 Training & Development 3,500 2,162 3,500 2,738 3,500 0 0.00% 439 Meeting Expenses 500 1,246 500 211 500 0 0.00% 489 Other Miscellaneous Charges 2,500 2,860 3,000 1,105 3,000 0 0.00% Total Other Expenses 13,000 12,286 12,300 7,984 11,500 (800) -6.50% Administration Total 280,560 269,268 291,120 197,881 296,650 5,530 1.90% 3 General Fund Line Items Total Personal Services 0 0 12,960 4,957 1,160 (11,800) -91.05% SUDDIIes & Maintenance 208 Books & Periodicals 221 Equipment Parts & Accessories 240 Small Tools and Minor Equip Total Supplies & Maintenance 0 0 0 City of Orono 0 0 N/A 21000 0 2,200 1,950 2017 Line Item Budget (200) -9.09% 0 0 300 281 0 Elections -100.00% 316 800 0 0 (800) -100.00% 41410 Travel Expenses 0 0 100 49 0 (100) -100.00% 340 General Advertising Dollar % 220 42 2015 2015 2016 Y -T -D 2017 Increase Increase 0 0 Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) 0 Personal Services 0 0 0 0 N/A 437 102 Full -Time Employees Overtime 0 0 1,000 0 1,000 0 0.00% 104 Temporary Employees Regular 0 0 11,800 4,957 0 (11,800) -100.00% 121 PERA 0 0 80 0 80 0 0.00% 122 FICA 0 0 80 0 80 0 0.00% Total Personal Services 0 0 12,960 4,957 1,160 (11,800) -91.05% SUDDIIes & Maintenance 208 Books & Periodicals 221 Equipment Parts & Accessories 240 Small Tools and Minor Equip Total Supplies & Maintenance 0 0 0 0 0 0 N/A 21000 0 2,200 1,950 2,000 (200) -9.09% 0 0 300 281 0 (300) -100.00% 2,000 0 2,500 2,231 2,000 (500) -20.00% Elections Total 2,400 316 18,130 7,774 3,160 (14,970) -82.57% 4 General Fund Line Items Other Expenses 319 Professional Services 0 0 0 0 0 0 N/A 322 Postage 400 316 800 0 0 (800) -100.00% 331 Travel Expenses 0 0 100 49 0 (100) -100.00% 340 General Advertising 0 0 220 42 0 (220) -100.00% 412 Building Rentals 0 0 0 0 0 0 N/A 415 Other Equipment Rentals 0 0 0 0 0 0 N/A 437 Training & Development 0 0 100 0 0 (100) -100.00% 439 Meeting Expenses 0 0 600 36 0 (600) -100.00% 489 Other Miscellaneous Charges 0 0 850 458 0 (850) -100.00% Total Other Expenses 400 316 2,670 585 0 (2,670) -100.00% Elections Total 2,400 316 18,130 7,774 3,160 (14,970) -82.57% 4 General Fund Line Items City of Orono 2017 Line Item Budget Assessing 41550 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease Assessing Services 302 Assessing Services 160,000 166,074 180,000 0 180,000 0 0.00% Total Assessing Service 160,000 166,074 Assessing Total 160,000 166,074 180,000 0 180,000 0 0.00% 180,000 0 180,000 0 0.00% 5 General Fund Line Items City of Orono 2017 Line Item Budget Finance Department 41500 6 General Fund Line Items Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 207,160 208,801 211,380 167,656 210,430 (950) -0.45% 102 Full -Time Employees Overtime 200 0 200 0 200 0 0.00% 103 Part -Time Employees 21,040 21,368 21,400 13,886 22,520 1,120 5.23% 104 Temporary Employees Regular 0 0 0 0 0 0 N/A 121 PERA 17,110 17,271 17,030 12,921 17,470 440 2.58% 122 FICA 17,460 16,647 17,370 12,472 17,820 450 2.59% 135 City Benefit Contribution 52,920 41,207 52,080 29,443 52,080 0 0.00% 151 Worker's Comp Insurance Prem 1,250 1,250 1,330 998 1,610 280 21.05% Total Personal Services 317,140 306,544 320,790 237,377 322,130 1,340 0.42% Supplies & Maintenance 208 Books & Periodicals 0 0 0 0 0 0 N/A Total Supplies & Maintenance 0 0 0 0 0 0 N/A Professional Services 301 Auditing and Acct'g Services 0 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 0 N/A Other Expenses 331 Travel Expenses 150 190 200 0 200 0 0.00% 433 Memberships 330 325 330 325 340 10 3.03% 437 Training & Development 11000 833 1,000 0 1,000 0 0.00% Total Other Expenses 1,480 1,347 1,530 325 1,540 10 0.65% Finance Total 318,620 307,892 322,320 237,702 323,670 1,350 0.42% 6 General Fund Line Items 7 General Fund Line Items City of Orono 2017 Line Item Budget Law/Legal Services 41600 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease Professional Services 305 Legal -Retainer 0 0 0 0 0 0 N/A 306 Legal -Prosecution 38,500 38,500 38,500 29,965 40,000 1,500 3.90% 307 Legal -Consulting 45,000 46,988 50,000 32,838 50,000 0 0.00% 308 Code Enforcement 4,000 2,054 4,000 1,178 4,000 0 0.00% 309 Jail Charges 10,000 9,040 10,000 9,678 10,000 0 0.00% Total Professional Services 97,500 96,581 102,500 73,659 104,000 1,500 1.46% Law/Legal Services Total 97,500 96,581 102,500 73,659 104,000 1,500 1.46% 7 General Fund Line Items City of Orono 2017 Line Item Budget Central Services 41900 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) Total Insurances 10,000 Supplies & Maintenance 361 General Liability Ins 362 Umbrella Liability Ins 363 Bonds Insurance 365 201 Office supplies 14,000 13,130 14,570 7,441 14,000 (570) -3.91% 221 Equipment Parts & Accessories 31000 3,838 3,000 702 3,000 0 0.00% 223 Bldg/Grounds Maint. Supplies 3,500 3,357 3,500 2,370 3,500 0 0.00% 401 Repairs/Maint-Office Equip 24,000 15,249 16,000 6,052 16,000 0 0.00% 403 Repairs/Maint-Misc. Equip 700 570 700 3,014 700 0 0.00% 404 Repairs/Maint-Bldgs/Grounds 15,000 23,870 15,000 8,519 20,000 5,000 33.33% 407 Janitorial Services 19,000 18,557 19,000 11,429 19,000 0 0.00% 416 Software Licensing 0 10,941 12,000 20,732 20,000 8,000 66.67% Total Supplies & Maintenance 79,200 89,511 83,770 60,260 96,200 12,430 14.84% Professional Services 301 Auditing and Acct'g Services 20,000 20,000 20,000 20,000 20,000 0 0.00% 311 Data Processing Communication 0 0 0 0 0 0 N/A 319 Professional Services 15,000 11,690 12,000 14,312 18,000 6,000 50.00% 370 Insurance Agent of Record 0 0 0 0 0 0 N/A Total Professional Services 35,000 31,690 32,000 34,312 38,000 6,000 18.75% Total Insurances 10,000 Insurances 361 General Liability Ins 362 Umbrella Liability Ins 363 Bonds Insurance 365 Boiler & Machinery Ins 366 Property Insurance 367 Equipment Floaters Ins 368 Automotive Insurance Total Insurances 10,000 10,000 10,000 7,500 10,000 0 0.00% 51000 5,000 5,000 3,750 5,000 0 0.00% 200 200 200 150 200 0 0.00% 1,300 1,300 1,300 975 1,300 0 0.00% 5,000 5,000 5,000 3,750 5,000 0 0.00% 11300 1,300 1,300 975 1,300 0 0.00% 7,400 7,400 7,400 5,550 7,400 0 0.00% 30,200 30,200 30,200 22,650 30,200 0 0.00% 8 General Fund Line Items Other Expenses 312 Bank Fees 321 Telephone 322 Postage 329 Internet/Other Communications 352 Printing & Publishing 381 Gas & Electric 382 Water Utilities 413 Office Equipment Rental 440 Special Equipment Replacement 489 Other Miscellaneous Charges Total Other Expenses Capital Outlay 512 Spec Assmts on Land & Int 750 Interest on Special Assmnts 94,650 89,154 98,500 72,978 101,500 3,000 3.05% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 0 N/A Central Services Total 239,050 240,555 244,470 190,200 265,900 21,430 8.77% 9 General Fund Line Items City of Orono 2017 Line Item Budget Central Services cont. 41900 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease 4,000 4,408 4,000 4,563 4,500 500 12.50% 7,500 8,331 8,000 8,042 10,000 2,000 25.00% 11,000 10,739 11,000 9,972 11,000 0 0.00% 4,650 3,863 8,000 5,205 8,000 0 0.00% 15,500 15,182 15,000 10,675 15,000 0 0.00% 29,000 25,621 29,000 20,482 29,000 0 0.00% 2,500 3,046 2,500 1,915 3,000 500 20.00% 20,000 17,045 20,000 11,863 20,000 0 0.00% 0 0 0 11 0 0 N/A 500 919 1,000 250 1,000 0 0.00% 94,650 89,154 98,500 72,978 101,500 3,000 3.05% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 0 N/A Central Services Total 239,050 240,555 244,470 190,200 265,900 21,430 8.77% 9 General Fund Line Items 10 General Fund Line Items City of Orono 2017 Line Item Budget Human Services 41800 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) Other Expenses 490 Contributions to Civic Org's 12,400 11,997 12,400 0 12,400 0 0.00% Total Other Expenses 12,400 11,997 12,400 0 12,400 0 0.00% Human Services Total 12,400 11,997 12,400 0 12,400 0 0.00% 10 General Fund Line Items City of Orono 2017 Line Item Budget Police Department 42110 Total Personal Services Suoolies & Maintenance 201 Office supplies 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 228 Training Supplies 229 Explorers Program expenses 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 407 Janitorial Services 416 Software Licensing 3,197,850 3,120,780 3,296,420 2,278,400 3,446,070 149,650 4.54% 17,000 6,835 15,000 6,085 12,000 (3,000) -20.00% Dollar % 1,000 0 2015 2015 2016 Y -T -D 2017 Increase Increase 115,000 0 Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) 0.00% Personal Services 911 1,300 271 1,300 0 0.00% 26,000 101 Full -Time Employees Regular 2,255,040 2,226,744 2,315,280 1,621,611 2,408,910 93,630 4.04% 102 Full -Time Employees Overtime 60,000 18,608 50,000 13,617 50,000 0 0.00% 103 Part -Time Employees 43,000 98,356 53,000 45,175 54,330 1,330 2.51% 104 Temporary Employees Regular 0 423 0 0 0 0 N/A 121 PERA 347,720 351,635 359,730 254,914 374,280 14,550 4.04% 122 FICA 44,440 44,327 46,000 31,556 47,820 1,820 3.96% 135 City Benefit Contribution 382,380 315,013 401,580 255,491 401,580 0 0.00% 142 Unemployment Benefit Payments 0 404 0 2,914 0 0 N/A 151 Worker's Comp Insurance Prem 65,270 65,270 70,830 53,123 109,150 38,320 54.10% Total Personal Services Suoolies & Maintenance 201 Office supplies 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 228 Training Supplies 229 Explorers Program expenses 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 407 Janitorial Services 416 Software Licensing 3,197,850 3,120,780 3,296,420 2,278,400 3,446,070 149,650 4.54% 17,000 6,835 15,000 6,085 12,000 (3,000) -20.00% 1,000 0 1,000 0 1,000 0 0.00% 115,000 48,008 115,000 39,401 115,000 0 0.00% 61000 6,690 6,000 3,329 6,000 0 0.00% 1,300 911 1,300 271 1,300 0 0.00% 26,000 27,738 25,000 28,160 25,000 0 0.00% 16,000 18,512 16,000 7,234 16,000 0 0.00% 4,000 3,456 4,000 174 4,000 0 0.00% 7,000 2,642 6,000 1,150 6,000 0 0.00% 14,500 7,601 5,000 4,211 5,000 0 0.00% 54,000 35,045 50,000 25,639 50,000 0 0.00% 81000 4,840 8,000 4,597 8,000 0 0.00% 7,500 7,678 6,500 3,296 6,500 0 0.00% 15,000 12,918 15,000 8,276 15,000 0 0.00% 0 9,987 10,000 13,157 11,500 1,500 15.00% Total Supplies & Maintenance 292,300 192,860 283,800 144,978 282,300 (1,500) -0.53% 11 General Fund Line Items City of Orono 2017 Line Item Budget Police Department cont. 42110 2015 2015 2016 Budget Actual Budget Professional Services Dollar % Y -T -D 2017 Increase Increase Sep 30, 2016 Draft Budget Decrease (Decrease) 304 Engineering -Consulting 0 0 0 0 0 0 N/A 307 Legal -Consulting 6,500 3,736 8,000 5,596 8,000 0 0.00% 310 LOGIS-Applications 76,950 64,164 82,250 49,116 90,310 8,060 9.80% 311 Data Processing Communication 5,000 4,115 5,000 3,736 6,000 1,000 20.00% 317 Animal Care 1,700 85 1,000 254 1,000 0 0.00% 319 Professional Services 12,000 12,091 14,500 12,506 14,500 0 0.00% 370 Insurance Agent of Record 0 0 0 0 0 0 N/A Total Insurances 55,000 55,000 55,000 41,250 55,000 0 Total Professional Services 102,150 84,190 110,750 71,207 119,810 9,060 8.18% 12 General Fund Line Items Insurances 361 General Liability Ins 35,000 35,000 35,000 26,250 35,000 0 0.00% 362 Umbrella Liability Ins 10,000 10,000 10,000 7,500 10,000 0 0.00% 366 Property Insurance 1,000 1,000 1,000 750 1,000 0 0.00% 367 Equipment Floaters Ins 0 0 0 0 0 0 N/A 368 Automotive Insurance 9,000 9,000 9,000 6,750 9,000 0 0.00% 379 Insurance Deductibles 0 0 0 0 0 0 N/A Total Insurances 55,000 55,000 55,000 41,250 55,000 0 0.00% 12 General Fund Line Items City of Orono 2017 Line Item Budget Police Department cont. 42110 Total Other Expenses 126,075 110,434 128,880 90,729 129,580 700 0.54% Capital Outlay Dollar % 550 Automotive Equipment 2015 2015 2016 Y -T -D 2017 Increase Increase 560 Furniture and Fixtures Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease 570 Other Expenses 7,300 6,176 7,000 0 7,000 0 0.00% 321 Telephone 23,225 19,166 23,230 15,625 23,230 0 0.00% 322 Postage 1,600 114 1,200 99 1,200 0 0.00% 329 Internet/Other Communications 6,070 3,598 6,100 4,225 6,300 200 3.28% 331 Travel Expenses 280 28 250 580 250 0 0.00% 340 General Advertising 0 55 0 90 0 0 N/A 352 Printing & Publishing 1,800 1,972 1,800 2,110 1,800 0 0.00% 381 Gas & Electric 18,000 24,965 20,000 12,229 20,000 0 0.00% 382 Water Utilities 1,500 1,634 1,200 742 1,200 0 0.00% 413 Office Equipment Rental 2,800 4,106 2,800 3,009 3,300 500 17.86% 414 EDP/Communications Equip Rent 20,000 23,443 20,000 15,463 20,000 0 0.00% 433 Memberships 3,000 2,770 5,500 2,700 5,500 0 0.00% 436 Towing Charges 0 147 0 157 0 0 N/A 437 Training & Development 35,000 20,356 35,000 22,424 35,000 0 0.00% 439 Meeting Expenses 2,500 2,142 2,500 1,750 2,500 0 0.00% 440 Special Equipment Replacement 5,000 3,668 5,000 5,164 5,000 0 0.00% 441 Licenses & Taxes 1,300 2,040 1,300 3,140 1,300 0 0.00% 489 Other Miscellaneous Charges 4,000 232 3,000 1,222 3,000 0 0.00% Total Other Expenses 126,075 110,434 128,880 90,729 129,580 700 0.54% 13 General Fund Line Items Capital Outlay 550 Automotive Equipment 145,000 149,338 151,000 128,408 153,000 2,000 1.32% 560 Furniture and Fixtures 0 0 0 0 0 0 N/A 570 Office Equip and Furnishings 7,300 6,176 7,000 0 7,000 0 0.00% 575 IT Hardware & Applications 25,000 8,951 23,000 5,378 23,000 0 0.00% 580 Other Equipment 21,000 9,583 21,000 28,850 21,000 0 0.00% Total Capital Outlay 198,300 174,048 202,000 162,636 204,000 2,000 0.99% Police Total 3,971,675 3,737,312 4,076,850 2,789,201 4,236,760 159,910 3.92% 13 General Fund Line Items City of Orono 2017 Line Item Budget Fire Protection Services 42260 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) Professional Services 318 Fire Services 387,000 383,856 395,150 302,321 397,000 1,850 0.47% 319 Professional Services 0 0 0 0 0 0 N/A Total Professional Services 387,000 383,856 395,150 302,321 397,000 1,850 0.47% Fire Protection Services Total 387,000 383,856 395,150 302,321 397,000 1,850 0.47% 14 General Fund Line Items Personal Services 101 Full -Time Employees Regular 102 Full -Time Employees Overtime 103 Part -Time Employees 104 Temporary Employees Regular 121 PERA 122 FICA 135 City Benefit Contribution 142 Unemployment Benefit Payments 151 Worker's Comp Insurance Prem Total Personal Services Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip City of Orono 2017 Line Item Budget Building & Zoning 42400 2015 2015 2016 Budget Actual Budget Dollar % Y -T -D 2017 Increase Increase Sep 30, 2016 Draft Budget Decrease (Decrease) 444,180 428,200 435,010 330,707 438,290 3,280 0.75% 200 115 200 69 200 0 0.00% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 33,330 31,784 32,640 24,562 32,890 250 0.77% 34,000 33,318 33,290 25,179 33,540 250 0.75% 71,880 52,105 74,040 38,691 74,040 0 0.00% 0 0 0 0 0 0 N/A 2,510 2,510 2,620 1,965 2,460 (160) -6.11% 586,100 548,032 577,800 421,173 581,420 3,620 0.63% 0 262 600 142 500 (100) -16.67% 1,500 1,876 1,500 0 1,500 0 0.00% 0 449 0 0 0 0 N/A 0 0 0 0 0 0 N/A 0 0 0 0 3,200 3,200 N/A 1,000 0 1,000 0 1,000 0 0.00% 0 0 0 0 0 0 N/A Total Supplies & Maintenance 2,500 2,587 3,100 142 6,200 3,100 100.00% 15 General Fund Line Items Professional Services 304 Engineering -Consulting 2,500 104 2,500 0 12,500 10,000 400.00% 307 Legal -Consulting 16,000 23,886 16,000 17,176 16,000 0 0.00% 310 Inspection Services 72,000 89,226 100,000 53,875 100,000 0 0.00% 319 Professional Services 3,000 3,100 2,500 2,750 32,500 30,000 1200.00% Total Professional Services 93,500 116,315 121,000 73,800 161,000 40,000 33.06% 15 General Fund Line Items City of Orono 2017 Line Item Budget Building & Zoning cont. 42400 16 General Fund Line Items Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 1,500 402 1,500 92 1,500 0 0.00% 340 General Advertising 0 0 0 0 0 0 N/A 415 Other Equipment Rentals 0 0 0 0 0 0 N/A 433 Memberships 500 1,330 750 790 800 50 6.67% 437 Training & Development 21000 1,386 2,000 1,046 2,000 0 0.00% 439 Meeting Expenses 250 881 750 32 9,450 8,700 1160.00% 441 Licenses & Taxes 150 0 150 32 100 (50) -33.33% Total Other Expenses 4,400 4,000 5,150 1,991 13,850 8,700 168.93% Building & Zoning Total 686,500 670,933 707,050 497,106 762,470 55,420 7.84% 16 General Fund Line Items City of Orono 2017 Line Item Budget Engineering 43170 17 General Fund Line Items Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) Professional Services 303 Engineering -Retainer 0 0 0 0 0 0 N/A 304 Engineering -Consulting 25,000 17,080 20,000 8,539 20,000 0 0.00% Total Professional Services 25,000 17,080 20,000 8,539 20,000 0 0.00% Engineering Total 25,000 17,080 20,000 8,539 20,000 0 0.00% 17 General Fund Line Items Total Personal Services 304,310 290,179 289,550 197,577 331,500 41,950 14.49% Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 222 Vehicle Equipment & Parts 224 Street Maint. Materials/Supply 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 408 Contracted Street Maint. 0 169 170 City of Orono 170 0 0.00% 45,600 14,504 45,600 12,372 2017 Line Item Budget (5,600) -12.28% 16,000 16,882 16,000 7,683 16,000 Public Works Department 0.00% 8,000 5,286 8,000 2,115 8,000 0 43000 65,800 47,419 40,980 34,758 44,525 3,545 8.65% 3,500 4,109 3,500 Dollar % 0 0.00% 2015 2015 2016 Y -T -D 2017 Increase Increase 0.00% 5,000 Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease 5,000 Personal Services 3,000 4,607 3,000 0 0.00% 0 101 Full -Time Employees Regular 207,220 200,530 187,680 138,052 215,250 27,570 14.69% 102 Full -Time Employees Overtime 11,000 6,008 11,000 5,004 11,000 0 0.00% 121 PERA 16,370 15,135 14,900 9,976 16,970 2,070 13.89% 122 FICA 16,690 15,143 15,200 9,852 17,310 2,110 13.88% 135 City Benefit Contribution 39,300 39,633 48,090 25,183 52,170 4,080 8.48% 142 Unemployment Benefit Payments 0 0 0 0 0 0 N/A 151 Worker's Comp Insurance Prem 13,730 13,730 12,680 9,510 18,800 6,120 48.26% Total Personal Services 304,310 290,179 289,550 197,577 331,500 41,950 14.49% Supplies & Maintenance 208 Books & Periodicals 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 222 Vehicle Equipment & Parts 224 Street Maint. Materials/Supply 226 Clothing & personal equipment 240 Small Tools and Minor Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds 408 Contracted Street Maint. 0 169 170 169 170 0 0.00% 45,600 14,504 45,600 12,372 40,000 (5,600) -12.28% 16,000 16,882 16,000 7,683 16,000 0 0.00% 8,000 5,286 8,000 2,115 8,000 0 0.00% 65,800 47,419 40,980 34,758 44,525 3,545 8.65% 3,500 4,109 3,500 1,989 3,500 0 0.00% 850 1,377 1,000 1,841 1,000 0 0.00% 5,000 11,185 7,000 8,687 10,000 3,000 42.86% 5,000 5,855 3,000 4,607 3,000 0 0.00% 0 1,982 0 7,955 0 0 N/A 69,700 63,927 47,810 4,994 7,500 (40,310) -84.31% Total Supplies & Maintenance 219,450 172,695 173,060 87,172 133,695 (39,365) -22.75% Professional Services 304 PW Engineering -Consulting 319 Professional Services Total Professional Services 0 641 0 0 0 0 N/A 0 0 0 0 0 0 N/A 0 641 0 0 0 18 0 N/A General Fund Line Items Total Other Expenses Public Works Total Other Expenses 331 Travel Expenses 381 Gas & Electric 386 Street Lighting 415 Other Equipment Rentals 433 Memberships 437 Training & Development 441 Licenses & Taxes 489 Other Miscellaneous Charges Total Other Expenses Public Works Total 30,680 City of Orono 31,220 20,934 34,630 3,410 10.92% 2017 Line Item Budget Public Works Department cont. 43000 554,440 496,239 493,830 305,683 499,825 5,995 1.21% Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) 0 352 0 0 0 0 N/A 4,880 3,027 4,880 4,031 4,880 0 0.00% 21,690 24,612 21,690 14,461 25,000 3,310 15.26% 960 254 960 188 960 0 0.00% 430 284 430 155 0 (430) -100.00% 21500 3,498 3,000 1,762 3,500 500 16.67% 220 50 220 280 250 30 13.64% 0 647 40 57 40 0 0.00% 30,680 32,724 31,220 20,934 34,630 3,410 10.92% 554,440 496,239 493,830 305,683 499,825 5,995 1.21% 19 General Fund Line Items City of Orono 2017 Line Item Budget Parks 45200 20 General Fund Line Items Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 18,600 21,368 20,070 14,017 20,270 200 1.00% 102 Full -Time Employees Overtime 0 0 0 231 0 0 N/A 103 Part -Time Employees 0 0 0 9,223 0 0 N/A 104 Temporary Employees Regular 10,000 8,713 10,000 0 10,000 0 0.00% 121 PERA 1,390 1,420 1,510 1,029 1,520 10 0.66% 122 FICA 1,420 1,589 2,300 1,171 2,320 20 0.87% 135 City Benefit Contribution 31900 2,701 3,600 1,380 3,600 0 0.00% 151 Worker's Comp Insurance Prem 740 740 1,490 1,118 1,890 400 26.85% Total Personal Services 36,050 36,530 38,970 28,168 39,600 630 1.62% Supplies & Maintenance 212 Motor Fuels & Lubricants 0 0 0 19 0 0 N/A 221 Equipment Parts & Accessories 500 1,629 500 703 0 (500) -100.00% 223 Bldg/Grounds Maint. Supplies 1,500 3,163 1,500 9,004 7,600 6,100 406.67% 225 Misc Park Supplies 10,000 6,573 10,000 5,685 10,000 0 0.00% 403 Repairs/Maint-Misc. Equip 0 0 0 2,557 0 0 N/A 404 Repairs/Maint-Bldgs/Grounds 42,000 46,088 52,000 27,634 53,779 1,779 3.42% Total Supplies & Maintenance 54,000 57,453 64,000 45,603 71,379 7,379 11.53% Professional Services 319 Professional Services 11,000 9,645 1,000 3,216 1,140 140 14.00% Total Professional Services 11,000 9,645 1,000 3,216 1,140 140 14.00% 20 General Fund Line Items City of Orono 2017 Line Item Budget Parks cont. 45200 21 General Fund Line Items Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease Other Expenses 331 Travel Expenses 0 0 0 0 0 0 N/A 381 Gas & Electric 550 416 550 269 550 0 0.00% 415 Other Equipment Rentals 3,200 4,750 3,300 3,337 3,500 200 6.06% 439 Meeting Expenses 0 0 0 0 0 0 N/A 441 Licenses & Taxes 300 580 300 0 300 0 0.00% 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A 490 Contributions to Civic Org's 0 0 0 0 0 0 N/A Total Other Expenses 4,050 5,746 4,150 3,607 4,350 200 4.82% Parks Total 105,100 109,375 108,120 80,593 116,469 8,349 7.72% 21 General Fund Line Items Personal Services 101 Full -Time Employees Regular 103 Part -Time Employees 104 Temporary Employees Regular 121 PERA 122 FICA 135 City Benefit Contribution 142 Unemployment Benefit Payments 143 OPEB Expense 151 Worker's Comp Insurance Prem Total Personal Services Suoolies & Maintenance 201 Office supplies 212 Motor Fuels & Lubricants 221 Equipment Parts & Accessories 223 Bldg/Grounds Maint. Supplies 226 Clothing & personal equipment 240 Small Tools and Minor Equip 401 Repairs/Maint-Office Equip 402 Repairs/Maint-Auto Equip 403 Repairs/Maint-Misc. Equip 404 Repairs/Maint-Bldgs/Grounds City of Orono 2017 Line Item Budget Golf Course 45210 2015 2015 2016 Budget Actual Budget Dollar % Y -T -D 2017 Increase Increase Sep 30, 2016 Draft Budget Decrease (Decrease) 32,910 31,809 32,690 23,279 32,450 (240) -0.73% 35,660 41,073 37,160 45,752 53,340 16,180 43.54% 0 960 0 660 0 0 N/A 3,640 0 3,640 0 0 (3,640) -100.00% 4,000 3,042 6,660 2,455 6,560 (100) -1.50% 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 0 0 0 0 0 0 N/A 1,330 1,330 1,790 1,343 1,620 (170) -9.50% 77,540 78,214 81,940 73,488 93,970 12,030 14.68% 300 416 300 239 300 0 0.00% 3,500 2,745 5,000 2,676 5,000 0 0.00% 11500 659 1,500 1,993 1,500 0 0.00% 3,500 6,044 4,500 6,280 4,500 0 0.00% 125 0 180 152 180 0 0.00% 100 195 0 59 500 500 N/A 0 53 0 165 0 0 N/A 400 267 0 185 250 250 N/A 21500 2,170 2,500 4,227 2,500 0 0.00% 15,000 16,458 12,000 9,473 12,000 0 0.00% Total Supplies & Maintenance 26,925 29,006 25,980 25,451 26,730 750 2.89% 22 General Fund Line Items Total Insurances 12,830 13,393 12,270 9,816 14,020 1,750 14.26% Other Expenses 312 Bank Fees 319 Professional Services 321 Telephone 331 Travel Expenses 340 General Advertising 352 Printing & Publishing 381 Gas & Electric 415 Other Equipment Rentals 433 Memberships 437 Training & Development 440 Special Equipment Replacement 441 Licenses & Taxes 489 Other Miscellaneous Charges 1,000 4,365 1,000 City of Orono 4,000 3,000 300.00% 0 500 0 0 2017 Line Item Budget 0 N/A 2,000 2,952 2,200 2,372 2,500 Golf Course cont. 13.64% 0 0 0 0 0 0 45210 1,000 1,519 1,000 500 1,750 750 75.00% 0 0 0 Dollar % 0 N/A 2015 2015 2016 Y -T -D 2017 Increase Increase 2.41% 9,500 Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease 250 Insurances 250 270 300 50 20.00% 150 361 General Liability Ins 7,500 7,500 7,500 5,625 8,000 500 6.67% 362 Umbrella Liability Ins 11500 1,500 1,500 1,125 1,500 0 0.00% 365 Boiler & Machinery Ins 300 300 300 225 350 50 16.67% 366 Property Insurance 2,300 2,300 2,300 1,725 2,650 350 15.22% 367 Equipment Floaters Ins 300 300 300 225 350 50 16.67% 368 Automotive Insurance 370 370 370 278 370 0 0.00% 369 Dram Shop Insurance 560 1,123 0 613 800 800 N/A Total Insurances 12,830 13,393 12,270 9,816 14,020 1,750 14.26% Other Expenses 312 Bank Fees 319 Professional Services 321 Telephone 331 Travel Expenses 340 General Advertising 352 Printing & Publishing 381 Gas & Electric 415 Other Equipment Rentals 433 Memberships 437 Training & Development 440 Special Equipment Replacement 441 Licenses & Taxes 489 Other Miscellaneous Charges 1,000 4,365 1,000 4,115 4,000 3,000 300.00% 0 500 0 0 0 0 N/A 2,000 2,952 2,200 2,372 2,500 300 13.64% 0 0 0 0 0 0 N/A 1,000 1,519 1,000 500 1,750 750 75.00% 0 0 0 370 0 0 N/A 8,300 8,025 8,300 6,289 8,500 200 2.41% 9,500 7,529 9,500 6,974 9,500 0 0.00% 250 150 250 270 300 50 20.00% 150 19 150 0 150 0 0.00% 0 0 0 0 0 0 N/A 500 675 550 319 550 0 0.00% 0 0 0 119 0 0 N/A Total Other Expenses 22,700 25,733 22,950 21,327 27,250 4,300 18.74% 23 General Fund Line Items City of Orono 2017 Line Item Budget Golf Course cont. 45210 24 General Fund Line Items Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease Decrease Purchases for Resale 090 PURCHASES FOR RESALE 0 (696) 0 0 0 0 N/A 091 Beer For Resale 2,000 4,440 3,000 3,285 3,000 0 0.00% 092 Soft Drinks For Resale 3,000 3,355 4,000 3,679 3,200 (800) -20.00% 093 Concessions For Resale-Txbl 1,500 0 1,500 0 1,500 0 0.00% 094 Concessions For Resale-NonTax 0 2,821 1,000 2,085 1,000 0 0.00% 095 Pro Shop Items For Resale 1,500 3,187 0 1,681 2,000 2,000 N/A 099 Other For Resale 0 0 0 0 0 0 N/A Total Purchases for Resale 81000 13,107 9,500 10,730 10,700 1,200 12.63% Golf Course Total 147,995 159,454 152,640 140,812 172,670 20,030 13.12% 24 General Fund Line Items City of Orono 2017 Line Item Budget Special Services -Consulting & Police 43280 2015 2015 2016 Budget Actual Budget Dollar Y -T -D 2017 Increase Increase Sep 30, 2016 Draft Budget Decrease (Decrease) Special Services -Consulting & Police Total 69,930 103,456 95,750 58,907 95,750 0 0.00% 25 General Fund Line Items Personal Services 102 Full -Time Employees Overtime 30,000 29,115 35,000 18,855 35,000 0 0.00% 121 PERA 4,500 3,989 5,250 1,944 5,250 0 0.00% 122 FICA 430 376 500 245 500 0 0.00% 135 City Benefit Contribution 0 4 0 4 0 0 N/A Total Personal Services 34,930 33,485 40,750 21,048 40,750 0 0.00% Professional Services 304 Engineering -Consulting 25,000 48,859 43,000 29,572 45,000 2,000 4.65% 307 Legal -Consulting 10,000 21,112 12,000 8,288 10,000 (2,000) -16.67% 319 Professional Services 0 0 0 0 0 0 N/A 800 Special Projects, Contingency 0 0 0 0 0 0 N/A Total Professional Services 35,000 69,971 55,000 37,860 55,000 0 0.00% Special Services -Consulting & Police Total 69,930 103,456 95,750 58,907 95,750 0 0.00% 25 General Fund Line Items City of Orono 2017 Line Item Budget Special Projects -Contingencies 43290 Dollar % 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Sep 30, 2016 Draft Budget Decrease (Decrease) Personal Services 101 Full -Time Employees Regular 0 0 0 0 0 0 N/A Total Personal Services 0 0 0 0 0 0 N/A Professional Services 304 Engineering -Consulting 0 0 0 0 0 0 N/A 319 Professional Services 0 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 0 N/A Other Expenses 489 Other Miscellaneous Charges 0 0 0 0 0 0 N/A Total Other Expenses 0 0 0 0 0 0 N/A Capital & Transfers 510 Land 0 0 0 0 0 0 N/A 720 Operating Transfers 390,000 679,000 365,000 0 375,000 10,000 2.74% Total Capital & Transfers 390,000 679,000 365,000 0 375,000 10,000 2.74% Contingency Items 800 Special Projects, Contingency 40,000 24,500 40,000 2,234 40,990 990 2.48% Total Contingency Items 40,000 24,500 40,000 2,234 40,990 990 2.48% Special Projects -Contingencies Total 430,000 703,500 405,000 2,234 415,990 10,990 2.71% GENERAL FUND TOTAL 7,579,870 7,565,334 7,708,570 4,970,105 7,987,864 279,294 3.62% CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ADOPTING THE FINAL 2016 TAX LEVY COLLECTIBLE IN 2017 BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the following sums be levied for the current year, collectible in 2017 upon the taxable property in the City of Orono, for the following purposes: General Fund - Operating $4,197,240 Pavement Management Levy 401,500 G.O. Improvement Bond 2010 133,460 G.O. Improvement Bond 2014 428,700 G.O Refunding Bond 2016 192,830 TOTAL ALL LEVIES 5 353 730 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 12, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION TO ADOPT THE FINAL 2017 GENERAL FUND BUDGET BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the final 2017 General Fund budget is determined to be as follows: ESTIMATED REVENUES Taxes - General $4,197,240 Licenses and Permits 465,650 Intergovernmental 227,220 Charges for Services 2,778,850 Fines and Forfeits 80,500 Interest Income 54,500 Recreation Fees 150,000 Miscellaneous 33,900 TOTAL 7 987 860 APPROPRIATED EXPENDITURES General Government $1,270,430 Public Safety 5,133,720 Street Maintenance 499,820 Parks and Recreation 289,140 Engineering - Unallocated 20,000 Reimbursable Expenditures 95,750 Special Projects and Contingency 100,000 Capital Outlay 204,000 Transfers to Other Funds 375,000 TOTAL 7 987 860 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 12, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION TO ADOPT THE 2017 SPECIAL REVENUE FUND BUDGETS BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2017 Special Revenue Fund budgets are determined to be as follows: Appropriated Expenditures General Government $ - - $ - - $ 60,000 Public Safety - - 20,000 - - Streets - - - - - - Parks & Recreation 386,090 - - - - Transfers to Other Funds - - - - - - Increase to Fund Balance - - 6,000 - - Total Expenditures 386 090 26 000 60 000 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 12, 2016. ATTEST: Diane Tiegs, City Clerk Lilt Tod McMillan, Mayor Drug/Felony Estimated Revenues Park Forfeiture TIF Taxes — General $ - - $ - - 60,000 Interest Income 5,000 1,000 - - User Fees / Loan Payment - - 25,000 - - Park Dedication Fees 5,500 - - - - Intergovernmental - - - - - - Transfers from other Funds - - - - - Use of Fund Balance - - - - - - Total Revenues 10 000 26 000 60 000 Appropriated Expenditures General Government $ - - $ - - $ 60,000 Public Safety - - 20,000 - - Streets - - - - - - Parks & Recreation 386,090 - - - - Transfers to Other Funds - - - - - - Increase to Fund Balance - - 6,000 - - Total Expenditures 386 090 26 000 60 000 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 12, 2016. ATTEST: Diane Tiegs, City Clerk Lilt Tod McMillan, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION TO ADOPT THE 2017 ENTERPRISE FUND BUDGETS BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2017 Enterprise Fund budgets are determined to be as follows: Estimated Revenues Water Sewer Recycling Stormwater Cable Charges for Service $ 605,000 $1,319,240 $ 107,600 $ 255,600 $ 76,000 Interest Income 10,000 35,000 -- 15,000 -- Non-Operating 105,000 20,000 29,500 -- 1,000 Total Revenues720 000 1 374 240 137 100 270.600 77 000 Appropriated Expenditures Operating Expenses $ 609,628 $1,268,230 $125,000 $ 151,550 $40,770 Non -Operating Expenses Interest Expense 103,000 Transfer to Other Funds 55,000 110,000 -- -- -- Total Expenditures 11,378,230SL25000 151,550 S40 770 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 12, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor CIP OVERVIEW The overall goal of a Capital Improvement Plan (CIP) is to maintain facilities and schedule upgrades and replacements to avoid system failures and/or extraordinary short-term expenses. Once established, the plan should be updated annually to reflect changing maintenance needs and capital resources. The typical planning period for a CIP is five years; however, the City of Orono has chosen to evaluate its needs for planning purposes for a period of 15 -years. The Capital Improvement Plan is included in Appendix A of this report. The first five years of the plan are intended to provide short term needs that can be used as the basis for the City's annual budgeting process. The remaining 10 years are intended to provide the City with general planning level estimates so that the expenditures can be spread out over time and the costs can be anticipated and planned for. Using the City's 2017 budget and current fund levels as a baseline, projected fund balances have been included in Appendix B of this report. In general, the following funding sources are available to fund the Capital Improvement Plan: • General Fund — Funding improvements out of the general fund will require the City to account for the improvements when the City's tax levy is established. Funding for the Police CIP is mainly from the general fund. The general fund is typically not considered a good funding source to cover the cost of larger infrastructure improvements such as street and utility reconstruction. • Park Fund — This fund is used for the acquisition, development, and improvement of City parks. Funding comes from Park dedication fees and interest earned on the fund balance. • Improvement / Equipment Overlay Fund — This fund is used to buy non -police general fund department assets such as equipment, and IT purchases. Some park and golf course expenditures are also funded by this fund. The source of funding for this fund is an annual transfer from the general fund. • Community Investment Fund — This fund has been established to fund projects that benefit the entire community and have no other funding source. The original amount in the fund is from the remaining balance of the Building Fund, which was created to construct City Hall. 1 • Municipal State Aid Fund — This fund is used for funding improvements to the City's Municipal State Aid road system. Debt service associated with this fund is paid through the City's annual allotment from the State. • Pavement Management Fund — This fund is used for the maintenance of Non Municipal State Aid roads. The funding source is through the sale of bonds. Debt service associated with this fund is paid through taxes. • Enterprise Funds — As part of owning and operating the water, sewer, and storm sewer utilities, the City charges fees for providing service to the end users. The City also pursues grant money for improvements when applicable. The City evaluates the rate structure for each of these utilities to ensure that the income generated is sufficient to pay both operating costs and needed improvements. • 429 Improvement Bonds — The improvements identified in this report such as street reconstruction, watermain replacement, and sanitary sewer replacement may be funded by issuing bonds. State law allows the City to issue bonds for improvements and assess the properties that benefit from the project for a portion of the costs. The pay back period for the bonds varies but is typically 10 to 20 years. The revenue for debt payment of the bonds would be from special assessments and/or City taxes. • Special Assessments — Special assessments are an indirect form of taxation. They are a way for cities to charge certain properties for the cost of making a local improvement, or to collect certain charges that will benefit those properties. Special assessments represent the increase in a properties value as a result of the project. • Permanent Improvement Revolving (PIR) Fund — This fund is for temporary funding of projects prior to the sale of bonds or the levy of Special Assessments. The source of funding for this fund is through Special Assessments, Interest, and the repayment of expenditures from permanent funding sources. 2 A summary of each Fund along with the improvements proposed within the first five years is included on the following pages. Each summary includes a description of the improvements, and potential funding sources. PARKS CIP The Parks CIP includes playground equipment purchases and replacement, land purchases, and replacement of dock top sections (5% per year) and dock replacements. It is the City's philosophy to schedule park equipment replacement on a regular basis. The expected life of playground equipment is 15 to 20 years. Playground equipment is currently located in Antoine Park, Hackberry Park, Bederwood Park, Crystal Bay Park, and Navarre Park. The City has 10 to 12 docks that should be replaced every 10 to 15 years. Park Benches and tables should be replaced every 10 years. Proposed Improvements 2017 • Antoine Park Playground Border/Surface - $5,000 2018 KIM • Dock Replacement - $4,250 2020 • None 2021 • Park Equipment $60,000 • Dock Replacement — $4,500 Potential Funding Sources • Park Fund • Grants • Lurton Park Fund 3 EQUIPMENT CIP The Equipment CIP is based on the City's standard practice for equipment replacement. All equipment replacement is based on age, mileage / hours, and maintenance records. Each piece of equipment is evaluated annually and the life is extended when possible. Proposed Improvements 2017 • Sweeper — $10,000 • Dump Truck w/Plow and Sander - $175,000 • Truck 3/4 ton w/Plow (sign truck) - $52,500 • Tractor — Mower/Sweeper - $43,500 • Generator — 30kW - $20,000 2018 • Parks Truck/Small Pickup — 27,000 • Sterling Dump Truck w/ Plow and Sander #425 - $192,000 2019 • Golf Course Truck/Small Pick Up - $27,000 • Jet Rodder — $200,000 • Truck for Jet Rodder - $100,000 2020 • Tractor — ROW Mower - $49,400 • Utility Service Truck w/Hoist - $63,000 2021 • Tractor Loader Back Hoe - $145,500 • Patch Truck - $188,000 • Skidloader - $53,500 Potential Fundin,- Sources • Improvement / Equipment Overlay Fund — Annual Transfer from General Fund • Transfers from Utility Funds 0 BUILDING CIP The Building CIP consists of projects at City facilities including the Administration Complex, Public Works, and the Navarre Fire Station. Proposed Improvements 2017 • City Hall Fire Protection Upgrade - $25,000 • Fuel System Upgrade - $20,000 • PW Water Softener - $10,000 • Post Office Sidewalk - $5,000 2018 • City Hall Carpet - $20,000 • Post Office Lighting - $2,000 • Post Office Lot - $11,500 2019 • Public Works Parking Lot Improvement - $196,000 2020 • City Hall Parking Lot Seal - $35,000 2021 • None Potential Fundin,- Sources • Improvement/Equipment Outlay Fund — Annual Transfer from General Fund R IT CIP The IT CIP includes PC replacement, servers, wireless access points, and printers. It is the City's standard practice to replace hardware and computer-related items on an established rotating schedule to maintain up-to- date office technology. Proposed Improvements 2017 • PC Replacement - $4,500 • File Server - $11,500 • Printer Replacement - $3,300 • Switch - $8,000 2018 • PC Replacement - $4,635 2019 • PC Replacement - $4,774 • Data Switch - $8,500 2020 • PC Replacement - $4,917 • Printer Replacement - $3,600 • SQL Server - $10,000 2021 • File Server - $13,300 • PC Replacement - $5,065 • Network Switch - $9,000 Potential Funding Sources • Improvement/Equipment Outlay Fund — Annual Transfer from General Fund 3 PUBLIC WORKS — GOLF COURSE CIP The Golf Course CIP is for land purchases/easements, equipment, and club house improvements. Proposed Improvements 2017 • Toro Sprayer - $9,000 • Irrigation Pond Dredging - $25,000 • Chip Seal/Strip Lot - $7,000 2018 • Fairway Mower - $30,000 • Clubhouse Basement Improvements - $10,000 2019 • Replace Greensaire (aerator) - $15,000 • Wetland/Fairway 4 Improvements - $160,000 2020 • None 2021 • Greens Mower - $8,000 • Rough Mower - $30,000 • Clubhouse Foundation - $10,000 Potential Funding Sources • Improvement/Equipment Outlay Fund — Annual Transfer from General Fund • Storm Water Funding for Ponds 7 LONG LAKE FIRE CIP The Long Lake Fire CIP includes equipment purchases and replacements. Proposed Improvements 2017 • Portable Radio Replacement - $21,500 • Replace E12 Rescue Pumper - $440,000 2018 • Replace U13 with a new Utility Truck - $25,000 2019 • Replace Ul l -$85,000 • Carpet Replacement and Paint at Station 2 - $30,000 • Replace SCBA - $250,000 2020 • Portable Radio Replacement - $21,500 2021 • Replace CMD 2 - $50,000 Potential Fundinz Sources • Improvement/Equipment Outlay Fund (Long Lake Fire Special Account) — Annual Transfer from General Fund E COMMUNITY INVESTMENT CIP The Community Investment CIP includes projects that benefit the entire community and have no funding source other than the Community Investment Fund. The original amount in the fund is from the remaining balance of the Building Fund, which was created to construct City Hall. Proposed Improvements 2017 • County Road 112 Turn Back Project - $110,000 • Navarre Trail / sidewalk project - $100,000 • Brush Site Fencing - $20,000 • Navarre Parking Lot - $75,000 2018 • County Road 112 Turn Back Project - $114,000 • Park & Ride Striping - $12,000 • Park & Ride Chip Seal - $12,050 2019 • County Road 112 Turn Back Project - $568,970 2020 • County Road 15/19 Intersection - $100,000 2021 • None Potential Fundinje Sources • Community Investment CIP I PUBLIC WORKS — STREETS CIP The City of Orono has over 48 miles of streets. The actual life of a road depends on several factors including the quality of construction, the amount of traffic, soil conditions, drainage, and the types of material that are used for construction. For a well constructed bituminous street, a typical life cycle includes seal coating the surface of the roadway every 3 to 7 years, a mill and overlay at year 15 to 20, and reconstruction at year 30. As indicated above, there are different preventative maintenance methods that can be used to maximize the life of a pavement. Two of the most common and effective methods include seal coating and mill and overlay. The effectiveness of each of these methods is dependent upon the condition of the pavement and the type, extent and severity of the pavement distress present. Seal Coat As the City is aware, a seal coat consists of the application of emulsified asphalt and loose aggregate to the existing surface. After the specified "curing" time, the excess aggregate is swept up and removed. This rehabilitation method is typically used several times throughout the life of a pavement. Seal coats are most effective when used on pavements in relatively good condition. This method is used to provide a new driving surface and to re -seal the pavement surface to provide some protection from weathering. The useful life of a seal coat is generally 3 to 7 years depending on the type of materials that are used and the condition of the pavement to which it is applied. The advantages of seal coating are as follows: • Relatively low initial capital expense • Provides improved skid resistance • Provides some moisture protection to the pavement • Minimal disruption to traffic • Provides an aesthetically uniform surface The disadvantages of seal coating include the following: • Does not improve structural integrity • Short useful life • Requires patching and sealing of major cracks prior to application • Limited effectiveness on pavements in poor condition 10 In order to maximize the life of the City's pavements, it is recommended that the City continue to seal coat the streets on a regular basis (every 3 to 7 years). Mill and Overlay A mill and overlay consists of removing all or a portion of the in place bituminous surface and placing an application of a plant -mixed surface over the remaining surface. This rehabilitation method is typically used 1-2 times throughout the life of a pavement. Mill and overlays are most effective on pavements that are in moderate condition and with a stable subgrade. This method is used to replace the pavement surface and to increase or restore the pavement's structural integrity. The useful life of a mill and overlay is generally 7 to 10 -years depending upon the condition of the pavement to which it is applied. The advantages of a mill and overlay are as follows: • Moderate initial capital expense • Provides new pavement surface • Increases or restores structural integrity of the pavement • Minimal disruption to traffic • Does not raise the elevation of the street The disadvantages of a mill and overlay include the following: • Requires patching and repair of weak subgrade areas prior to application • Increased cost compared to an overlay with no milling • Limited effectiveness on pavements in poor condition • Useful life is variable depending upon the condition of the existing pavement • Ineffective on pavements with structurally limited subgrades Reconstruction Reconstruction consists of removal of the entire existing pavement section and the construction of a new pavement structure, including bituminous, aggregate base, geotextile fabric, soil correction, etc. This method is used when the existing pavement has deteriorated to such an extent that other rehabilitation methods are ineffective or utility construction is necessary. The useful life of a reconstructed pavement can be 25 to 30 years with proper maintenance and use of other rehabilitation methods throughout the pavement's life. 11 The advantages of reconstruction are as follows: • Provides a new pavement structure • Allows for soil correction below the street where necessary • Long term useful life • Allows for the opportunity for utility improvements The disadvantages of reconstruction include the following: • High initial capital expense • Moderate to high disruption to traffic Projects included in the Streets CIP have been identified by the City's Pavement Management Plan. Projects include both Municipal State Aid (MSA) streets as well as non -MSA streets. Proposed improvements include preventative maintenance activities such as seal coating and crack filling. In addition, structural improvements such as mill and overlays and reconstructions are included along with various unmet needs that have been identified in the City's Pavement Management Plan. Proposed Improvements 2017 • Old Crystal Bay Turn Lane - $25,000 • Forest Arm Lane (W Branch to Forest Lake) Reconstruct - $271,373 • Fox Street (OCB Willow) Reconstruct - $735,413 • Northern Avenue (CB to Broadway) Mill & Overlay - $63,564 • Minnetonka Ave Mill & Overlay - $33,156 • Minnetonka Highlands (Tonkawa to end) Mill & Overlay - $64,361 • Willow Drive Trail Rehabilitation - $68,901 • Maintenance — Patch, Seal, Trees - $47,000 • Maintenance — Chip Seal - $108,122 • Mill and overlays - $229,982 • Tamarack Drive - $82,790 • Fox Street - $643,545 2018 TBD 2019 TBD 12 2020 TBD 2021 TBD Potential Funding Sources • Pavement Management Fund • Municipal State Aid Fund • Assessments • General Fund / Debt Service Transfer 13 PUBLIC WORKS - WATER CIP The existing watermain system consists of pipe ranging between 6" to 12". Pipe materials include PVC and ductile iron. There are approximately 74,700 feet of pipe in the South System and approximately 41,450 feet in the North System. The East System has approximately 8,650 feet of pipe. The majority of the watermain was installed between 1967 and 2011. The City has two water towers. The south tower has a 200,000 gallon tank and was built in 1971. The north tower has a 400,000 gallon tank and was built in 1992. The City also has three existing wells; two in the South System and only one in the North System. The life cycle of a watermain depends on several factors including the quality of construction, the type of material used in construction, and soil conditions. In growing communities it is also possible for a watermain to become functionally obsolete if the size of the main prevents the system from meeting demand. In general, a well constructed watermain system can have a life of 50 or more years. Projects identified in the Water CIP include the costs associated with maintaining and improving the water system such as equipment rehabilitation, watertower maintenance, and watermain improvements and replacement. Proposed Improvements 2017 • North Well House Upgrade - $61,200 • North Distribution System - $120,000 • North Water Tower Mixer - $25,000 • Generator, 250KW — $100,000 2018 • North Tower Maint - $62,500 • Watermain Loop Concordia- $230,000 • Well #3 Inspection/Maint - $20,000 • West Lafayette Main Replacement - $75,000 • Meter Replacements - $90,000 2019 • Watermain Replacement OCB - $210,000 • Lyric Avenue Main Replacement w/Road - $36,000 • Meter Replacements - $90,000 2020 14 • South Tower Repaint/Rehab - $350,000 • Watermain Replacement — CSAH 15 - $181,000 • Watermain Replacement — Walterspoint - $50,000 • Meter Replacements - $90,000 Potential Fundinz Sources • Enterprise Funds • Assessments • Grants 15 PUBLIC WORKS - SANITARY SEWER CIP The existing sanitary sewer system consists of pipe ranging between 1.25" to 21". Pipe materials include PVC, VCP, and Truss. The majority of the sanitary sewer was installed between 1963 and 2011. Due to the City's proximity to Lake Minnetonka and other water bodies, many of the City's sanitary sewer lines are below the groundwater table and are susceptible to infiltration. Infiltration is caused by leaks in pipes, manholes, and service connections that allow groundwater to penetrate the system. Roots penetrating the sewer can also be a problem. The life cycle of a sanitary sewer system depends on several factors including the quality of construction, the type of material used in construction, and the proximity of landscaping such as trees and shrubs that may cause root issues. In growing communities it is also possible for a sanitary sewer to become functionally obsolete if the size of the main is not adequate to accept the flow. In general, older sanitary sewer systems that have infiltration issues need to be improved with either sewer lining or complete replacement. In most cases, the preferred method depends on the condition of the lateral services. Although both sewer mains and services can be lined to eliminate infiltration, it may be more cost effective to replace the main and services if significant infiltration exists in a majority of the service lines. The City is currently being charged an I&I surcharge from the MCES. Work performed as part of the CIP that reduces I&I can be counted against the surcharge. Projects identified in the Sanitary Sewer CIP include the costs associated with maintaining and improving the sanitary sewer system including lift station updates, Grinder Station updates, Generator improvements, sewer lining, and equipment purchases. The City currently has 45 lift stations that it is responsible for maintaining. Typically, the City plans for rehabilitating two lift stations and replacing one generator per year. 16 Proposed Improvements 2017 • Sewer Rehabilitation - $265,225 • Sanitary Sewer Televising - $45,895 • Lift Station #7 Generator - $75,000 • Lift Station #20 Generator- $75,000 • Lift Station #6 Rehab - $56,000 • Lift Station #9 - $56,000 • Northern Expansion - $436,000 • Lift Station Monitoring - $26,000 • Forest Arms Main Replacement - $92,400 • Garage Siding - $15,000 2018 • Sewer Rehabilitation - $273,182 • Sanitary Sewer Televising - $47,271 • Lift Station #5 Generator - $75,000 • Lift Station #15 Generator - $75,000 • Grinder Station #2 Rehab - $56,000 • Lift Station #9 Rehab - $56,000 • Generator Rehab - $10,000 • Lift Station Monitoring - $26,000 • Windjammer Main Replacement - $24,750 2019 • Sewer Rehabilitation - $281,377 • Sanitary Sewer Televising - $48,690 • Lift Station #1 Generator - $75,000 • Lift Station #9 Generator - $75,000 • Lift Station #11 Generator - $75,000 • Lift Station #5 Rehab - $58,000 • Lift Station #11 Rehab - $58,000 • Generator Rehab - $10,300 • Lift Station Monitoring - $26,000 • Lyric Ave Main - $33,000 • Tonka Avenue Main — $21,600 17 • West Laffayette Main - $44,000 • East Lake Street Main - $10,000 2020 • Sewer Rehabilitation - $289,819 • Sanitary Sewer Televising - $50,150 • Lift Station #3 generator - $75,000 • Lift Station #4 generator $75,000 • Lift Station #11 Rehab - $60,000 • Lift Station #4 Rehab - $60,000 • Generator Rehab - $10,610 Potential Funding Sources • Enterprise Funds • Assessments • Grants In PUBLIC WORKS - STORM SEWER CIP Current regulations continue to require the City to make improvements to its storm water facilities. Upcoming TMDL requirements will be another factor that will potentially drive the need for storm water improvement projects. Projects that have been identified in the Storm Sewer CIP include specific projects for wetland restoration, improvements for erosion control purposes, and measures to improve water quality. The CIP includes storm water facility improvements associated with street improvement projects and pond cleaning and maintenance activities, which are anticipated to have an on-going expense. Proposed Improvements 2017 • Strom Watershed Delineation $ Pond assessment - $10,000 • Fox Street Stormwater w/road - $78,000 • Forest Arm Lane w/road - $27,000 • Fox Street @ OCB Road Quality Improvement (SWMP 4) - $60,000 • Shoreline Stabilization (SWMP 13) - $10,000 • Storm Sewer Improvements - $76,500 • Kelley Avenue Drainage $75,000 • TMDL Updates - $50,000 2018 • Long Lake Wetland Restoration (SWMP 6) - $60,000 • Long Lake Ravine Stabilization (SWMP 7) - $40,000 • Storm Sewer Improvements - $157,800 • Forest Lake Subwatershed Water Quality Improvements (SWMP 9) - $20,000 • Shoreline Stabilization (SWMP 13) - $10,000 • Improvements (With Road Projects) - $46,000 • TMDL Updates - $51,500 2019 • Forest Lake Subwatershed Water Quality Improvements (SWMP 9) - $120,000 • Shoreline Stabilization (SWMP 13) - $10,000 • Storm Sewer Improvements (With Road Projects) - $123,000 • Pond Cleaning / Maintenance - $160,140 • TMDL Updates - $52,020 2020 • Stubbs Bay Wetland Resoration (SWMP 2) - $80,000 19 • Shoreline Stabilization (SWMP 13) - $10,000 • Storm Sewer Improvements - $168,826 • Pond Cleaning / Maintenance - $163,910 • TMDL Updates - $54,636 Potential Fundin-u Sources • Enterprise Fund • Grants 20 POLICE CIP The Police CIP includes vehicle purchases and replacements, technology purchases, and weapons. Proposed Improvements 2017 • Squad 233 - $38,000 • Squad 236 - $38,000 • Squad 230 - $38,000 • Technology Replacement - $10,000 • Weapons (Rifles) - $5,000 • Mobile Data Computer - $5,000 2018 • Squad 242 - $38,000 • Squad 240 - $38,000 • Squad 843 - $38,000 • Squad 223 — $38,000 • Technology Replacement - $10,300 • Weapons (Rifles) - $5,000 • Mobile Data Computer - $5,150 • Portable Radios - $35,000 2019 • Squad 232 - $39,400 • Squad 233 - $38,000 • Squad 237 - $38,000 • Squad 841 - $38,000 • Technology Replacement - $10,610 • Weapons (Rifles) - $5,000 • Squad Video Cameras - $15,000 • Mobile Data Computer - $5,305 2020 • Squad 235 - $38,500 • Squad 243 - $38,500 • Squad 231 (WMDT) - $38,500 21 • Technology Replacement - $10,927 • Mobile Data Computer - $5,000 Potential Fundinz Sources • General Fund • Forfeiture Fund • Retained Contract Funds 22 Capital Improvement Plan, City of Orono Summary of Costs Planning Period CIP 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Parks (A-1) $5,000 $0 $4,250 $0 $64,500 $0 $0 $4,900 $70,000 $0 $5,400 $0 $80,000 $0 Equipment (A -2a) $301,000 $219,000 $327,000 $112,400 $387,000 $592,800 $98,000 $222,800 $600,000 $610,000 $204,500 $309,600 $412,300 $353,750 Building (A -2b) $60,000 $33,500 $196,000 $35,000 $0 $160,000 $0 $0 $40,000 $0 $127,000 $0 $0 $95,000 IT (A -2c) $27,300 $4,635 $13,274 $35,117 $27,365 $70,217 $18,823 $19,034 $31,200 $10,171 $16,748 $21,879 $39,966 $24,108 Golf Course (A -2d) $41,000 $40,000 $175,000 $0 $48,000 $0 $0 $38,000 $0 $0 $0 $0 $0 $12,000 Long Lake Fire (A-3) $392,275 $21,250 $310,250 $18,275 $42,500 $19,550 $42,500 $423,300 $72,250 $0 $106,250 $425,000 $21,250 $0 Community Investment (A-4) $306,000 $138,350 $568,970 $100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Public Works - Streets - PMP(A-5) $2,060,435 $781,122 $1,132,212 $1,075,025 $1,685,808 $676,847 $1,805,329 $1,741,632 $1,132,000 $1,159,000 $1,412,377 $1,543,217 $1,557,114 $1,587,503 Public Works - Water (A-6) $423,400 $477,500 $336,000 $671,000 $370,200 $471,750 $301,203 $379,864 $433,239 $720,837 $288,662 $346,722 $305,023 $313,574 Public Works - Sanitary Sewer (A-7) $1,140,520 $643,204 $815,967 $646,578 $779,696 $524,206 $539,153 $554,547 $544,404 $560,736 $577,558 $594,885 $612,731 $631,113 Public Works - Storm Sewer (A-8) $271,500 $338,080 $342,160 $306,260 $381,122 $390,044 $399,190 $408,565 $718,175 $428,027 $438,127 $448,480 $459,095 $469,977 Police (A-9) $257,000 $209,450 $189,314 $131,891 $175,883 $152,389 $247,911 $180,448 $157,002 $185,572 $147,659 $205,764 $198,386 $114,028 Totals $5,285,430 $2,906,091 $4,410,397 $3,131,546 $3,962,073 $3,057,803 $3,452,108 $3,973,090 $3,798,271 $3,674,343 $3,324,280 $3,895,546 $3,685,865 $3,601,053 Debt Service Levy Debt Issue 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2008 Street Reconstruction Bonds $0 2010 Street Reconstruction Bonds $133,460 $130,470 $132,725 $134,825 $131,520 $133,325 $134,530 $130,000 $130,725 2014 Garage, Water, Refunding Bonds $428,700 $174,000 $165,300 $162,900 $166,700 $161,000 $282,000 $277,000 $277,000 $278,860 $278,000 $278,000 2016 GO Rfunding $192,840 $406,530 $412,975 $413,275 $412,780 $416,675 Current Debt Levy $755,000 $711,000 $711,000 $711,000 $711,000 $711,000 $416,530 $407,000 $407,725 $278,860 $278,000 $278,000 Capital Improvement Plan, City of Orono Parks CIP Table A-1 5 Year CIP Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Future Park Expansion Park Equipment (Navarre, Hackberry, Bederwood, Crystal Bay, Fagerness) $60,000 $70,000 $80,000 Dock Replacement (15 year life) $4,250 $4,500 $4,900 $5,400 Brown Road Trail (CR6-CR112) Rehab Antoine Park Playground border and surface $5,000 Totals $5,000 $0 $4,250 $0 $64,500 $0 $0 $4,900 $70,000 $0 $5,400 $0 $80,000 $0 Equipment CIP Table A -2a Equipment Description Purchase Year Expected Life (yrs) 5 Year CIP Planning Period 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Truck, Small Pick Up (Parks) 1997 12-15 $27,000 Building Inspection Vehicle 2008 12-15 $40,300 Sweeper * 1991 20 $10,000 Truck, 3/4 Ton Pickup w/Plow 2008 12-15 $50,000 Grader w/Plow Wing 1996 30 $350,000 Dump Truck w/ Plow and Sander 2015 12-15 $204,500 Dump Truck w/ Plow and Sander 2002 12-15 $192,000 $273,750 Dump Truck w/ wing plow and Sander 2016 12-15 $228,100 Dump Truck w/ Plow and Sander 2000 12-15 $175,000 $249,500 Truck with dump bed and plow 2014 12-15 $102,800 Loader 2011 14-16 $260,000 Tractor Loader Backhoe 2006 15 $145,500 Truck, 1 Ton Dump Truck w/Plow and Sander 2008 12-15 $102,800 Hot Patch Truck 1999 20 $188,000 Tractor (ROW Mower) 2005 15 $49,400 Skidloader 2013 15-20 $70,000 Skidloader 2003 15-20 $53,500 Street Sweeper 2016 10-15 $600,000 Roller 1990 30 $40,000 Chipper 2004 20 $40,500 Trailer 2012 20 $8,000 Trailer 2012 20 $8,000 Air Compresor 1999 20 Truck, Pick up (Golf Course) 1994 15 $27,000 Truck, 3/4 Ton Pickup w/Plow (Sign Truck) 2004 10-15 $52,500 $60,000 Ford 3/4 Ton Pickup 2012 10-15 $37,000 Equipment CIP Table A -2a Equipment Description Purchase Year Expected Life (yrs) 5 Year CIP Planning Period 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Chevy 3/4 Ton Pickup w/Plow 2012 10-15 $105,000 Truck (holds 714 Jet Rodder) 1989 20 $100,000 Utility Service Truck with hoist 2012 8-10 $63,000 Vactor Truck 2000 20 $450,000 Jet Rodder 1976 40 $ 200,000 Generator, Portable 50KW 2013 30 $ 40,000.00 Generator, Portable 50KW 1999 30 $ 40,000.00 Generator, Portable 50KW 1999 30 Tractor -Mower/ Sweeper * 1980 15-20 $ 40,000 Snowblower 2013 15 $11,500 Sweeper 2015 10 Mower 2015 10 Fail Mower 2013 8-10 $32,000 Easment Machine 20 Broom * $ 3,500 Generator, 30KW w/ light tower 1984 $ 20,000 Totals $301,000 $219,000 $327,000 $112,400 $387,000 $592,800 $98,000 $222,800 $600,000 $610,000 $204,500 $309,600 $412,300 1 $353,750 Capital Improvement Plan, City of Orono Building CIP Table A -2b 5 -Year CIP Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 City Hall Fire Protection System Upgrade $25,000 City Hall and Public Works Roof Replacement /Repair $160,000 Public Works Parking Lot $196,000 City Hall Carpet $20,000 $27,000 City Hall/Public Works Parking Lot Seal Coat (5 & 10 years) $35,000 $40,000 City Hall/Public Works Parking Lot Mill & Overlay (15 years) $95,000 Navarre Fire Station $100,000 Fuel System Upgrade $20,000 Public Works Watersoftner $10,000 Post Office Lighting $2,000 Post Office Sidewalk $5,000 Post office Parking lot re -pave $11,500 Totals $60,000 $33,500 $196,000 $35,000 $0 $160,000 $0 $0 $40,000 $0 $127,000 $0 $0 $95,000 Notes: Capital Improvement Plan, City of Orono IT CIP Table A -2c Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 File Server (4 Years) $11,500 $13,300 $15,400 $17,500 PC Replacement $4,500 $4,635 $4,774 $4,917 $5,065 $5,217 $5,373 $5,534 $5,700 $5,871 $6,048 $6,229 $6,416 $6,608 Printer (3 Years) $3,300 $3,600 $3,900 $4,300 $4,700 Switch (Every 6 Years - 4 Switches) $8,000 $8,500 $9,000 $9,550 $10,100 $10,700 $11,350 SQL Server (5 years) $11,600 $13,500 $15,650 Phone Replacement (10 Years) $65,000 Wireless Access Points - City Hall & PW $15,000 $17,500 Totals $27,300 $4,635 $13,274 $35,117 $27,365 $70,217 $18,823 $19,034 $31,200 $10,171 $16,748 $21,879 $39,966 $24,108 Public Works - Golf Course CIP Equipment Needs Purchase Year Expected Life (yrs) 5 -Year CIP Planning Period 2017 Capital 2018 Improvement 2019 2020 P 2021 n, City 2022 o Orono 2023 2024 2025 2026 2027 2028 2029 2030 Greens Mower (800) 2004 20 $8,000 Greens Mower (1000) 1999 20 $8,000 John Deere Rough Mower (455) 2002 20 $30,000 Ryan Greensaire (aerator) 1988 25 $15,000 Fairway Mower (5200) 1999 20 $30,000 John Deere Tee Mower (2653) 2004 20 $30,000 Toro Sprayer 2001 10 $9,000 $12,000 Irrigation Pond Dredging $25,000 Clubhouse Foundation Restoration $10,000 Chip Seal and Stripe Parking $7,000 Clubhouse Basement Access $10,000 Wetland and Fairway #4 Improvements $160,000 2013 20 Totals 1 $41,000 $40,000 $175,000 $0 $48,000 $0 $0 $38,000 $0 $0 $0 $0 $0 $12,000 Capital Improvement Plan, City of Orono Long Lake Fire CIP Table A-3 Purchase Year Expected Life (yrs) Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Refurbishment of ECC & Comm Rm 2002 10 Portable Radio Replacement 2004 10 $21,500 $21,500 $23,000 $23,000 $25,000 $25,000 Replace E12 with New Rescue Pumper 1990 20 $440,000 Replace U13 with a New Utility Truck 2001 15 $25,000 Replace E11 with New Rescue Pumper 2004 20 $475,000 Replace U11 with New Utility Truck 1999 15 $85,000 Replace U21 with New Utility Truck 2000 15 $85,000 Replace CMD2 2012 10 $50,000 Replace CMD1 2013 10 $50,000 Replace E21 with New Rescue Pumper 2003 20 $500,000 Refurbishment of B11 2004 20 $100,000 Carpet Replacement and Paint at Station 1 2002 10 Carpet Replacement and Paint at Station 2 2004 15 $30,000 Replace SCBA 2006 15 $250,000 Re -roof Station 1 2002 25 Re -roof Station 2 2004 25 Totals: $461,500 $25,000 $365,000 $21,500 $50,000 $23,000 $50,000 $498,000 $85,000 $0 $125,000 $500,000 $25,000 $0 City of Orono's Portion (85%) $392,275 $21,250 $310,250 $18,275 $42,500 $19,550 $42,500 $423,300 $72,250 $0 $106,250 $425,000 $21,250 $0 Totals $392,275 $21,250 $310,250 $18,275 $42,500 $19,550 $42,500 $423,300 $72,250 $0 $106,250 $425,000 $21,250 $0 Capital Improvement Plan, City of Orono Community Investment CIP Table A-4 Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 County Road 112 Turn Back (Lighting/Sidewalks) * $111,000 $114,300 $568,970 County Road 15/19 Intersection $100,000 Navarre Trail/Sidewalk $100,000 Park and Ride (striping) $12,000 Park and Ride Seal Coating $12,050 Brush Site Gate and Fencing $20,000 Navarre Parking Lot $75,000 Totals $306,000 $138,350 $568,970 $100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 * The scope of the County Road 112 Turn Back Project is yet to be determined. Therefore, the cost estimate for the project is subject to change and refinement as the project development process proceeds. The City's final share of the project will be established by the County's cost Public Works - Streets CIP Pavement Management Plan Period Table A-5 5 -Year CIP Planning Period Project Type 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Old Crystal Bay Turn Lane Construction $ 25,000 Forest Arm Lane (West Branch to Forest Lake) Reconstruction $ 271,373 East Long Lake Road (Old Long Lake to Spring Hill) Reconstruction $ 771,503 Fox Street (Old Crystal Bay to Willow) Reconstruction $ 735,413 Garden Lane Reconstruction $ 105,202 Windjamer (North Arm to End) Reconstruction $ 71,834 Tonka Ave (Bayside to End) Reconstruction $ 117,423 West Lafayette (Shadywood to end) Reconstruction $ 143,117 Wildhurst Trail Reconstruction $ 430,474 East Lake Street (Bayside to End) Reconstruction $ 61,336 Fox Street (Brown -Orono Orchard) Reconstruction $ 1,011,839 Lyric Avenue (Livingston to Blaine) Reconstruction $ 44,794 Long Range Planning - Reconstruct Mill and Overlay $ 500,000 $ 515,000 $ 530,450 $ 546,364 $ 562,754 $ 579,637 Northern Avenue (Crystal Place to Boundary) Mill and Overlay $ 63,564 Minnetonka Avenue Mill and Overlay $ 33,156 Minnetonka Highlands (Tonkawa to end) Mill and Overlay $ 64,361 Willow Drive Trail - Rehab $ 68,901 Lafayette Ridge Court Mill and Overlay $ 14,628 Lyman Avenue Mill and Overlay $ 46,321 Tonkaview Lane Mill and Overlay $ 90,204 Olive Avenue Mill and Overlay $ 30,108 Vine Place Mill and Overlay $26,330 CR 6 Trail (OCB - Willow) Rehabilitate $36,402 Public Works - Streets CIP Pavement Management Plan Period Table A-5 5 -Year CIP Planning Period Project Type 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Townline Road (Shared with Independence) Mill and Overlay $140,426 Wildhurst Trail (Corner to End) Mill and Overlay $31,921 Chevy Chase Drive Mill and Overlay $175,532 Kenwood Way Mill and Overlay $22,795 Kelley Parkway - OCB Rd to StoneBay Mill and Overlay $72,666 Ferndale Road Trail - Repair and Seal $21,925 Casco Circle Mill and Overlay $ 120,440 Dickenson Street (Orono Orchard to Russell) Mill and Overlay $ 57,048 Glendale Ave (Willow to Long lake) Mill and Overlay $ 33,644 Navare Lane Mill and Overlay $72,895 Orono Park Road Mill and Overlay $142,132 Rest Point Lane Mill and Overlay $28,524 Trail Construction $100,000 $100,000 $100,000 North Arm Drive Mill and Overlay $299,747 Bayview Place Mill and Overlay $63,387 Forest Lake Landing (Windhurst to End) Mill and Overlay $ 19,503 Park Lane Mill and Overlay $ 29,255 Togo Road Mill and Overlay $ 73,138 Briar Street Mill and Overlay $ 43,517 Livingston Avenue - CR15 to Blaine Mill and Overlay $ 116,046 Public Works - Streets CIP Pavement Management Plan Period Table A-5 5 -Year CIP Planning Period Project Type 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Willow Drive (Fox to Brown) Mill and Overlay $242,987 Eileen Street Mill and Overlay $ 20,479 Forest Lake Drive Mill and Overlay $58,511 Garden Court Mill and Overlay $27,305 Navarre Avenue Mill and Overlay $ 46,077 Livingston Avenue - Blaine to Shadywood Mill and Overlay $ 69,628 Smith Avenue Mill and Overlay $ 65,825 Long Range Planning -Mill and Overlay $ 400,000 $ 412,000 $ 424,360 $ 437,091 $ 450,204 $ 463,710 Maintence - Patches, Crack Seal, Tree removal $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 $ 47,000 Maintenance - Seal Coat $ 108,122 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 $ 185,000 Mill and Overlay sum $ 229,982 $ 243,993 $ 324,839 $ 412,551 $ 682,305 Total - Pavement Management Fund $ 1,416,890 $ 653,029 $ 923,509 $ 1,075,025 $ 1,685,808 $ 676,847 $ 474,987 $ 1,531,663 $ 1,132,000 $ 1,159,000 $ 1,186,810 $ 1,215,454 $ 1,244,958 $ 1,275,347 Revenue $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 $ 401,000 Total Affordable $ 681,477 $ 547,827 $ 339,918 $ 553,859 $ 472,426 $ 676,847 $ 474,987 $ 1,531,663 Estimated Balance $332,896 $52,419 -$94,408 -$33,326 -$186,184 -$257,610 -$533,457 -$607,444 -$1,738,107 Public Works - Streets CIP Pavement Management Plan Period Table A-5 5-Year CIP Planning Period Project Type 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 MSA Streets: Fox Street(S. Willow to S. Brown) MSA Reconstruction $ 643,545 Leaf Street Mill and Overlay $ 128,094 Ferndale Road North (Shared with Plymouth) Mill and Overlay $208,702.74 Brown Road North Mill and Overlay $ 209,969 Willow Drive - Watertown-Fox St Mill and Overlay $ 225,567 Old Crystal Bay Road - Co Rd 112 to Cr Rd 6 Reconstruct $ 1,330,342 Old Crystal Bay Road - Co Rd 112-Watertown Mill and Overlay $ 312,156 Old Crystal Bay Road - Watertown to Fox St Mill and Overlay $ 312,156 McCulley Road Mill and Overlay $ 327,763 Total MSA Streets: $ 643,545 $ 128,094 $ 208,703 $ - $ - $ - $ 1,330,342 $ 209,969 $ - $ - $ 225,567 $ 327,763 $ 312,156 $ 312,156 MSA Debt Service $ 142,861 $ 139,711 $ 141,486 $ 143,111 $ 139,661 $ 141,061 $ 141,945 137468 $ 137,687 $ 142,625 MSA Revenue $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 $ 346,595 Projected MSA Balance 447099 $ 7,288 $ 86,078 $ 82,484 $ 285,968 $ 492,902 $ 698,436 $ (427,256) $ (428,098) $ (219,190) $ (15,220) $ 105,808 $ 124,640 $ 159,079 $ 193,518 Totals $ 2,060,435 $ 781,122 $ 1,132,212 $ 1,075,025 $ 1,685,808 $ 676,847 $ 1,805,329 $ 1,741,632 $ 1,132,000 $ 1,159,000 $ 1,412,377 $ 1,543,217 $ 1,557,114 $ 1,587,503 Public Works - Water CIP Table A-6 5 -Year CIP Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Water Infrastructure Monitoring Upgrade Upgrade Scada Computers and software and Cellular $97,200 North Wellhouse Scada Upgrade $61,200 Navarre Plant Control Upgrade $55,200 North Water Tower Maintenance $62,500 $62,500 $70,000 Install Well #4 North Distribution Extension (West of CCB) $120,000 Well #1 Rehabilitation $150,000 Well #2 Rehabilitation $160,000 Well #3 Rehabilitation $134,000 South Treatment Plant Chem. Rm. Upgrade So. Treatment Plant Salt Brine Tank Rehab. $400,000 South Tower Repaint and Rehabilitation $350,000 $60,000 Watermain replacement Old Crystal Bay Road $210,000 Watermain replacement CSAH 15 S of CSAH 19 $181,000 Watermain replacement Waltersport Road $50,000 Watermain Loop Concordia $230,000 North Water Tower Mixer $25,000 Watermain Improvement Planning $225,000 $231,750 $238,703 $245,864 $253,239 $260,837 $268,662 $276,722 $285,023 $293,574 Well #1 Inspection and Maintenance $20,000 Well #2 Inspection and Maintenance $20,000 $20,000 Well #3 Inspection & Maintenance $20,000 $20,000 Well #4 Inspection & Maintenance $20,000 West Lafeyette Main Replacement (w/Road) $75,000 Lyric Aveneue Main Replacement (W/ Road) $36,000 Water Meter Replacement (every 15yr) $90,000 $90,000 $90,000 $90,000 $90,000 Generator, 250KW 1992 $100,000 Totals $423,400 $477,500 $336,000 $671,000 1 $370,200 1 $471,750 $301,203 $379,864 $433,239 $720,837 $288,662 $346,722 $305,023 $313,574 Public Works - Sanitary Sewer CIP Table A-7 5 -Year CIP Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Sewer Rehabilitation $265,225 $273,182 $281,377 $289,819 $298,513 $307,468 $316,693 $326,193 $335,979 $346,058 $356,440 $367,133 $378,147 $389,492 Annual Sewer Televising (1/5 of City Each Year) $45,895 $47,272 $48,690 $50,151 $51,655 $53,205 $54,801 $56,445 $58,138 $59,883 $61,679 $63,529 $65,435 $67,398 Lift Station #7 Generator $75,000 Lift Station #20 Generator $75,000 Lift Station #5 Generator $75,000 Lift Station #15 Generator $75,000 Lift Station #1 Generator $75,000 Lift Station #9 Generator $75,000 Lift Station #11 Generator $75,000 Lift Station #3 Generator $75,000 Lift Station #4 Generator $75,000 Lift Station #16 Generator $75,000 Lift Station #25 Generator $75,000 Lift Station #6 Rehab $55,000 Lift Station #7 Rehab $55,000 Grinder Station #2 Rehab $56,000 Lift Station #9 Rehab $56,000 Lift Station #5 Rehab $58,000 Lift Station #11 Rehab $58,000 Lift Station #3 Rehab $60,000 Lift Station #4 Rehab $60,000 Lift Station #16 Rehab $60,000 Lift Station #25 Rehab $60,000 Lift Station Rehab (2 per year) $122,600 $126,278 $130,066 $133,968 $137,987 $142,127 $146,391 $150,783 $155,306 $159,965 Generator Rehabilitation $10,000 $10,300 $10,609 $10,927 $11,255 $11,593 $11,941 $12,299 $12,668 $13,048 $13,439 $13,842 $14,258 Public Works - Sanitary Sewer CIP Table A-7 5-Year CIP Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Northern Utilities Expansion $436,000 Lift Station Monitoring $26,000 $26,000 $26,000 $26,000 $26,000 $26,000 $26,000 $26,000 Forest Arms Main Replacement w/ rd $92,400 Lyric Avenue Main Replacement w/ road $33,000 Windjammer Main Replacement with road $24,750 Tonka Avenue Main Rehabilitation with road construction $21,600 West Laffayette Main Replacement with Road construction $44,000 East Lake Street Main Rehabilitation with road construction $10,000 Navarre Garage Siding $15,000 Totals $1,140,520 $643,204 $815,967 $646,578 $779,696 $524,206 $539,153 $554,547 $544,404 $560,736 $577,558 $594,885 $612,731 $631,113 Public Works - Storm Sewer CIP Table A-8 Planning Period Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Storm Watershed Deliniation and Pond Assessm $ 10,000 $ 10,000 $ 10,000 $ 10,000 Fox Street Stormwater (w/road reconstruct) $ 78,000 Forest Arms Lane (w/road reconstruct) $ 27,000 Windjammer, Garden Lane Stormawater (w/road reconstruct) $ 17,000 West Lafeyete Stormwater (w/road reconstruct) $ 14,000 Tonka Ave (W/ road reconstruct $ 11,000 E.Lake St. (w/road reconstruct) $ 17,000 Lyric Avenue (w/ Road reconstruct) $ 4,000 Wildhurst Trail (w/ Road reconstruct) $ 43,000 East Long Lake (w/ Road reconstruct) $ 77,000 Fox Street (Brown to Orono Orchard) (w/ Road reconstruct) $ 101,000 Stubbs Bay Wetland Restoration (SWMP 2) $ 80,000 Fox St @ OCB Road Quality Imp (SWMP 4) $ 60,000 Long Lake Wetland Restoration (SWMP 6) $ 60,000 Replace - Truck Mounted / Sweeper #460 $ 300,000 Long Lake Ravine Stabalization (SWMP 7) $ 40,000 Forest Lake Sub Water Qlty Impr (SWMP 9) $ 20,000 $ 120,000 Shoreline Stabilization (SWMP 13) $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Storm Sewer Improvements $ 76,500 $ 157,080 $ 160,140 $ 163,200 $ 167,000 $ 170,340 $ 173,747 $ 177,222 $ 180,766 $ 184,381 $ 188,069 $ 191,831 $ 195,667 $ 199,580 Pond Clean ing/Maintenance (5/year) $ 150,000 $ 154,500 $ 159,135 $ 163,909 $ 168,826 $ 173,891 $ 179,108 $ 184,481 $ 190,016 $ 195,716 TMDL Updates $ 50,000 $ 51,000 $ 52,020 $ 53,060 $ 54,122 $ 55,204 $ 56,308 $ 57,434 $ 58,583 $ 59,755 $ 60,950 $ 62,169 $ 63,412 $ 64,680 Kelly Avenue Drainage Improvements $ 75,000 Totals $ 271,500 $ 338,080 $ 342,160 $ 306,260 $ 381,122 $ 390,044 $ 399,190 $ 408,565 $ 718,175 $ 428,027 $ 438,127 $ 448,480 $ 459,095 $ 469,977 Police CIP Table A-9 Project Purchase Year Expected Life (yrs) Planning Period 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Squad 841 (Mound) 2011 5 $38,000 $40,500 $43,000 Squad 843 (Mound) Tahoe/Special Use 2010 5 $38,500 $40,000 $42,500 Squad 223 (Escape) Investigations DP 2010 5 $38,500 $40,000 $42,500 Squad 853 (Equinoux) Investigations 2008 5 $39,000 $40,000 Squad 230 (Tahoe) SRO/Reserves 2013 5 $38,000 $40,000 $42,500 Squad 231 WMDTF (Forfeiture Funds) 2008 TBD $38,500 $41,000 ATV Yamaha Grizzly 450 2004 TBD ERU Vehicle (Ford Ambulance) 234 2005 TBD Technology Replacement $10,000 $10,300 $10,609 $10,927 $11,255 $11,593 $11,941 $12,299 $12,668 $13,048 $13,439 $13,842 $14,258 $14,685 Weapons - Rifles $5,000 $5,000 $5,000 $5,000 $5,000 Weapons - Handguns $20,000 Supported or Partially Funded through Police Account in the PIR Fund Mobile Radios $50,000 Squad Video Cameras $15,000 $15,000 $15,000 $15,000 Mobile Data Computer $5,000 $5,150 $5,305 $5,464 $5,628 $5,796 $5,970 $6,149 $6,334 $6,524 $6,720 $6,921 $7,129 $7,343 Portable Radios $35,000 Police Records Updgrade (LOGIS) $123,000 Totals $257,000 $209,450 $189,314 $131,891 $175,883 $152,389 $247,911 $180,448 $157,002 $185,572 $147,659 $205,764 $198,386 $114,028 NOTES: *Funding for the Police CIP is accounted for in the General Fund to accurately charge our contract cities for the cost of policing. Park Fund Current Balance: $845,563 $600,000 $866,010 Table B-3 Table B-2 Table B-1 Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 Project 2017 2018 Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Operation and Maintenance (1) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 CIP Expenditures $5,000 $0 $4,250 $0 $64,500 $0 $0 $4,900 $70,000 $0 $5,400 $0 $80,000 $0 Total Expenses $5,000 $0 $4,250 $0 $64,500 $0 $0 $4,900 $70,000 $0 $5,400 $0 $80,000 $0 $0 $38,000 $0 $0 $0 $0 $0 $12,000 Total Expenses $429,300 $297,135 $711,274 $182,517 $462,365 $823,017 $116,823 Revenues (2) $5,080 $8,456 $8,541 $8,584 $8,670 $8,111 $8,193 $8,274 $8,308 $7,691 $7,768 $7,792 $7,870 $7,149 Annual Balance $80 $8,456 $4,291 $8,584 ($55,830) $8,111 $8,193 $3,374 ($61,692) $7,691 $2,368 $7,792 ($72,130) $7,149 Year End Cash Balance $845,643 $854,100 $858,391 $866,974 $811,144 $819,256 $827,448 $830,823 $769,131 $776,822 $779,190 $786,982 $714,852 $7221001 Improvement/Equipment Outlay Fund Current Balance: $600,000 $866,010 Table B-3 Table B-2 Table B-4 Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Equipment, CIP $301,000 $219,000 $327,000 $112,400 $387,000 $592,800 $98,000 $222,800 $600,000 $610,000 $204,500 $309,600 $412,300 $353,750 Building CIP $60,000 $33,500 $196,000 $35,000 $0 $160,000 $0 $0 $40,000 $0 $127,000 $0 $0 $95,000 IT, CIP $27,300 $4,635 $13,274 $35,117 $27,365 $70,217 $18,823 $19,034 $31,200 $10,171 $16,748 $21,879 $39,966 $24,108 Golf, CIP $41,000 $40,000 $175,000 $0 $48,000 $0 $0 $38,000 $0 $0 $0 $0 $0 $12,000 Total Expenses $429,300 $297,135 $711,274 $182,517 $462,365 $823,017 $116,823 $279,834 $671,200 1 $620,171 $348,248 $331,479 $452,266 $484,858 Revenues (interest) $8,660 $5,687 $4,360 $0 $0 Revenues (Transfer) $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 $155,000 Transfer from Enterprise Funds $20,000 $0 $200,000 $63,000 $75,000 $450,000 $0 $82,000 $600,000 $0 $0 $0 $0 $80,000 Annual Balance ($254,300) ($142,135) ($356,274) $35,483 ($232,365) ($218,017) $38,177 ($42,834) $83,800 ($465,171) ($193,248) ($176,479) ($297,266) ($249,858) Year End Cash Balance $345,700 $203,565 ($152,709) ($117,226) ($349,591) ($567,608) ($529,431) ($572,266) ($488,466) ($953,637) ($1,146,885) ($1,323,364) ($1,620,630) ($1,870,488) Improvement/Equipment Outlay Fund - Long Lake Fire Account Current Balance: $566,379 $866,010 Table B-3 Table B-4 Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Long Lake Fire CIP $392,275 1 $21,250 $310,250 $18,275 $42,500 $19,550 $42,500 $423,300 1 $72,250 $0 $106,250 1 $425,000 $21,250 $0 Total Expenses $392,275 $21,250 $310,250 $18,275 $42,500 $19,550 $42,500 $423,300 $72,250 $0 $106,250 $425,000 $21,250 $0 $0 $0 $0 $0 $0 Community Improvement CIP $306,000 $138,350 $568,970 $100,000 $0 Revenue - General Fund Transfer (2) $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 Revenues-Interest(2) $7,079 $2,662 $3,326 $1,107 $1,785 $2,228 $2,905 $3,359 $9 $137 $988 $786 $0 $0 Annual Balance ($300,196) $66,412 ($221,924) $67,832 $44,285 $67,678 $45,405 ($334,941) $12,759 $85,137 ($20,262) ($339,214) $63,750 $85,000 Year End Cash Balance $266,183 $332,595 $110,671 $178,503 $222,788 $290,466 $335,870 $929 $13,688 $98,825 $78,563 ($260,651) ($196,901) ($111,901) Community Investment Fund Current Balance: $866,010 Table B-4 Project 2017 1 2018 2019 1 2020 2021 1 2022 1 2023 1 2024 1 2025 1 2026 1 2027 1 2028 1 2029 1 2030 Annual Expenditures $0 $0 $0 $0 $0 1 $0 $0 $0 $0 $0 $0 $0 $0 $0 Community Improvement CIP $306,000 $138,350 $568,970 $100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Debt Service $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenses $306,000 $138,350 $568,970 $100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Revenues (interest) $8,660 $5,687 $4,360 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Year End Cash Balance $568,670 $436,007 ($128,603) ($228,603) ($228,603) ($228,603) ($228,603) ($228,603) ($228,603) ($228,603) ($228,603) ($228,603) ($228,603) ($228,603) MSA Fund Current Fund Balance: $0 $572,000 State MSA Construction Balance = $550,000 Table B-6 Table B-Sa Project Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Annual Expenditures (MSA CIP) $643,545 $128,094 $208,703 $0 $0 $0 $1,330,342 $209,969 $0 $0 $225,567 $327,763 $312,156 $312,156 Annual MSA Maintenance Payment to the City $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 $68,954 Debt Service (interest) -from MSA maintenance account. 1 $39,438 1 $36,288 1 $33,138 1 $29,838 1 $26,388 $22,938 1 $19,188 1 $14,813 1 $10,125 1 $5,250 $1,186,810 $1,215,454 $1,244,958 $1,275,347 Debt Service (Principal) -from MSA Construction Account $105,000 $105,000 $110,000 $115,000 $115,000 $120,000 $125,000 $125,000 $130,000 $140,000 $0 $0 1 $0 Revenues (1) Total Expenses $856,936 $338,335 $420,794 $213,791 $210,341 $211,891 $1,543,483 $418,735 $209,079 $214,204 $294,521 $396,717 $381,110 $381,110 Pavement Management Levy $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 Yearly Allocation - MSA Maintenance $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 Yearly Allocation - MSA Construction $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 Annual Balance ($531,352) ($12,751) ($95,210) $111,793 $115,243 $113,693 ($1,217,899) ($93,151) $116,506 $111,381 $31,064 ($71,133) ($55,526) ($55,526) Year End Cash Balance $18,648 $5,897 ($89,313) $22,480 $137,723 $251,416 ($966,483) ($1,059,634) ($943,128) ($831,748) ($800,684) ($871,817) ($927,342) ($982,868) Pavement Management Fund Current Balance: $1,429,949 Current Balance: $572,000 Table B-6 Table 13-5b Project Project 2017 2018 1 2019 1 2020 2021 1 2022 1 2023 1 2024 1 2025 1 2026 1 2027 2028 2029 2030 Annual Operation and Maintenance (1) $0 $0 1 $0 1 $0 $0 1 $0 1 $0 1 $0 1 $0 1 $0 1 $0 $0 $0 $0 CIP Expenditures $1,416,890 $653,029 $923,509 $1,075,025 $1,685,808 $676,847 $474,987 $1,531,663 $1,132,000 $1,159,000 $1,186,810 $1,215,454 $1,244,958 $1,275,347 Total Expenses $1,416,890 $653,029 $923,509 $1,075,025 $1,685,808 $676,847 $474,987 $1,531,663 $1,132,000 $1,159,000 $1,186,810 $1,215,454 $1,244,958 $1,275,347 Transfer to Equipment Fund for Sewer Equip $20,000 $0 $100,000 $31,500 $0 $450,000 $0 $35,000 $0 $0 $0 $0 1 $0 Revenues (1) Revenues(1) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Pavement Management Levy $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 $401,500 Annual Balance ($1,015,390) ($251,529) ($522,009) ($673,525) ($1,284,308) ($275,347) ($73,487) ($1,130,163) ($730,500) ($757,500) ($785,310) ($813,954) ($843,458) ($873,847) Year End Cash Balance ($443,390) ($694,919) ($1,216,928) ($1,890,452) ($3,174,760) ($3,450,107) ($3,523,594) ($4,653,757) ($5,384,257) ($6,141,757) ($6,927,067) ($7,741,021) ($8,584,479) ($9,458,326) Water Fund Current Balance: $1,429,949 $2,908,044 Table B-6 Table B-7 Project 2017 2018 2019 2020 2021 2022 1 2023 1 2024 1 2025 1 2026 1 2027 1 2028 2029 1 2030 Annual Operation and Maintenance (1) $489,620 $501,861 $514,407 $527,267 $540,449 $553,960 1 $567,809 1 $582,004 1 $596,554 1 $611,468 1 $626,755 $642,424 $658,484 $674,947 Debt Service $156,000 $160,000 $157,000 $156,000 $155,000 $158,000 1 $101,500 1 $100,000 1 $100,000 1 $100,500 1 $104,000 $100,600 $103,000 $0 CIP Expenditures Total Expenses $336,000 $981,620 $671,000 $1,332,861 $370,200 $1,041,607 $471,750 $1,155,017 $301,203 $996,651 $379,864 $1,091,824 $433,239 $1,102,549 $720,837 $1,402,841 $288,662 $985,216 $346,722 $1,058,690 $305,023 $1,035,778 $313,574 $1,056,598 $367,381 $1,128,866 $311,453 $986,399 $631,113 Transfer to Equipment Fund for Sewer Equip $20,000 $0 $100,000 $31,500 $0 $450,000 $0 $35,000 $0 $0 $0 $0 1 $0 Revenues (1) $720,000 $741,600 $763,848 $786,763 $810,366 $834,677 $859,718 $885,509 $912,074 $939,437 $967,620 $996,648 $1,036,514 $1,067,610 Assessments $10,387 $10,387 $10,387 $10,387 $10,387 $10,387 $10,387 $10,387 $10,387 $0 $0 $0 $0 $0 Annual Balance ($251,233) ($580,874) ($267,372) ($357,867) ($175,898) ($246,759) ($232,444) ($506,945) ($62,755) ($119,253) ($68,158) ($59,949) ($92,351) $81,211 Year End Cash Balance $1,178,716 $597,843 $330,470 ($27,396) ($203,294) ($450,054) ($682,498) ($1,189,442) ($1,252,197) ($1,371,450) ($1,439,609) ($1,499,558) ($1,591,910) ($1,510,699) Sewer Fund Current Balance: $2,908,044 Table B-7 Project 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Operation and Maintenance (1) $970,278 $994,535 $1,019,399 $1,044,884 $1,071,006 $1,097,781 $1,125,226 $1,153,356 $1,182,190 $1,211,745 $1,242,038 $1,273,089 $1,304,917 $1,337,540 Debt Service $110,000 $110,000 $110,000 $110,000 $110,000 $110,000 $0 $0 $0 $0 $0 $0 $0 $0 CIP Expenditures $1,140,520 $643,204 1 $815,967 $646,578 $779,696 $524,206 $539,153 $554,547 $544,404 $560,736 $577,558 $594,885 1 $612,731 $631,113 Transfer to Equipment Fund for Sewer Equip $20,000 $0 $100,000 $31,500 $0 $450,000 $0 $35,000 $0 $0 $0 $0 1 $0 $80,000 Total Expenses $2,240,798 $1,747,739 $2,045,366 $1,832,962 $1,960,701 $2,181,987 $1,664,378 $1,742,903 $1,726,594 $1,772,481 $1,819,596 $1,867,974 $1,917,648 $2,048,653 Revenues (1) $1,308,898 $1,361,254 $1,415,704 $1,472,333 $1,531,226 $1,592,475 $1,656,174 $1,722,421 $1,791,318 $1,862,970 $1,862,970.33 $1,909,545 $1,957,283 $2,006,215 Assessments $35,349 $35,349 $35,349 $30,368 $26,934 $24,902 $17,569 $17,569 $10,939 $2,000 $0 $0 $0 $0 Annual Balance ($896,551) ($351,136) ($594,313) ($330,261) ($402,542) ($564,611) $9,365 ($2,914) $75,663 $92,490 $43,374 $41,571 $39,635 ($42,437) Year End Cash Balance $2,011,493 $1,660,357 $1,066,044 $735,783 $333,241 ($231,369) ($222,005) ($224,918) ($149,255) ($56,766) ($13,392) $28,179 $67,814 $25,377 Storm Water Fund Current Balance: $1,589,844 Current Balance: $875,087 Amount Available for Police Purchases= $268,823 Table B-9 Table B-8 Project 1 2017 2018 2019 Project 2017 2018 2019 1 2020 2021 2022 1 2023 1 2024 1 2025 1 2026 2027 2028 2029 2030 Operation and Maintenance (1) $120,550 $123,564 $126,653 $129,819 $133,065 $136,391 $139,801 $143,296 $146,878 $150,550 $154,314 $158,172 $162,126 $166,180 CIP Expenditures $271,500 $338,080 1 $342,160 $306,260 $381,122 $390,044 $399,190 $408,565 $718,175 $428,027 $438,127 $448,480 $459,095 $469,977 Transfer to Equipment Fund for Storm Equip $0 $0 $100,000 $0 $75,000 $0 $0 $12,000 $600,000 $0 $0 $0 $0 $0 Total Expenses $392,050 $461,644 1 $568,813 $436,080 $589,186 $526,435 $538,991 $563,861 $1,465,054 $578,578 $592,441 $606,652 $621,221 $636,156 ($14,825) ($163) ($360) ($15,566) ($929) ($1,152) Year End Cash Balance $755,724 $723,131 $710,058 $711,695 $713,185 $699,520 $650,545 $650,901 $636,076 Revenues(1) $255,600 $268,380 $281,799 $295,889 $310,683 $326,218 $342,528 $359,655 $377,638 $396,519 $416,345 $437,163 $459,021 $481,972 Annual Balance ($136,450) ($193,264) ($287,014) ($140,191) ($278,503) ($200,218) ($196,463) ($204,206) ($1,087,416) ($182,058) ($176,095) ($169,490) ($162,200) ($154,184) Year End Cash Balance $1,453,394 $1,260,130 $973,116 $832,926 $554,423 $354,205 $157,743 ($46,464) ($1,133,880) ($1,315,938) ($1,492,033) ($1,661,523) ($1,823,723) ($1,977,908) Permanent Improvement Revolving (PIR) Fund Current Balance: $875,087 Amount Available for Police Purchases= $268,823 Table B-9 Project 1 2017 2018 2019 2020 1 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Police Expenses $128,000 $40,150 $20,305 $5,464 $5,628 $20,796 $55,970 $6,149 $21,334 $6,524 $6,720 $21,921 $7,129 $7,343 Total Expenses $128,000 $40,150 $20,305 $5,464 $5,628 $20,796 $55,970 $6,149 $21,334 $6,524 $6,720 $21,921 $7,129 $7,343 Revenues $8,637 $7,557 $7,231 $7,101 $7,117 $7,132 $6,995 $6,505 $6,509 $6,361 $6,359 $6,356 $6,200 $6,191 Annual Balance ($119,363) ($32,593) ($13,073) $1,637 $1,489 ($13,665) ($48,975) $356 ($14,825) ($163) ($360) ($15,566) ($929) ($1,152) Year End Cash Balance $755,724 $723,131 $710,058 $711,695 $713,185 $699,520 $650,545 $650,901 $636,076 $635,913 $635,553 $619,987 $619,058 $617,906 NOTES: (1) Expenses and Revenues are based on the City's 2011 budget. For Planning purposes a 2.5% annual inflation factor has been used to project future costs. (2) Revenues are based on a 1.5% increased contribution starting in 2016 and adding a 1% interest earned on the previous year's balance. 2013 Projects / Expenditures Table C-1 Project Purchase Year Estimated Amount ($) Fund Breakdown Park Equipment Building IT Golf Course Long Lake Fire Community Investment Street Water Sanitary Sewer Storm Sewer Police Playground Equipment - Bederwood Park 2013 $30,000 $51,404 Administration Printer 2013 $1,746 Imaging Software 2013 $5,000 $19,403 Dock Improvements (includes big island) 2013 $1,500 Skidloader #451 2013 $45,000 $32,210 Skidloader snow blower 2013 $7,500 $7,300 Fail Mower 2013 $21,900 $17,135 File Server 2013 $10,000 $9,795 PC Replacement 2013 $4,500 $900 Toro Sprayer (rehabed instead of replacement) 2013 $6,800 $600 Replace Dodge Ram 4x4 U-13 2013 $40,000 $33,931 Willow Drive Reconstruction 2013 $1,700,000 $1,011,230 Water System Analysis 2013 $40,000 $28,590 Sanitary Sewer Rehabilitation 2013 $150,000 $336,444 Lift Station #14 Updates 2013 $50,000 $54,960 Lift Station #21 Updates 2013 $50,000 $44,288 Generator at LS #21 2013 $50,000 $21,940 Generator at LS #28 2013 $50,000 $22,902 Replacement of 1956 Generator 2013 $50,000 $36,899 3/4 Ton Pickup #709 2013 $29,000 $24,770 Squad 230 2013 $35,000 $31,963 Squad 232 2013 $35,000 $26,880 Squad 233 2013 $35,000 $26,800 Squad 231 2013 $35,000 $16,087 Totals $2,481,200 1 $51,404 1 $77,794 1 $0 1 $10,695 1 $600 1 $33,931 1 $0 1 $1,011,230 1 $28,590 1 $542,203 1 $0 1 $101,730 2013 Estimated Capital Improvements = $2,481,200 2013 Spent on Capital Improvements = $1,858,177 2014 Projects / Expenditures Table C-1 Project Purchase Year Estimated Amount ($) Fund Breakdown Park Equipment Building IT Golf Course Long Lake Fire Community Investment Street Water Sanitary Sewer Storm Sewer Police 1 Ton Dump Truck w/Plow and Sander 2014 $76,500 $78,661 Parking Lot Replcmnt / Reconfiguration 2014 $465,000 $3,350,000 Police Garage Addition & Remodel 2014 $2,500,000 City Hall Remodel / Mechanical 2014 $350,000 $231,074 City hall Fire Protection System Upgrade 2014 $25,000 $25,000 Imaging Project 2014 $10,000 $0 Wireless Access Points - City Hall & PW 2014 $3,000 $0 PC Replacement 2014 $4,500 $3,900 Printer Rep[lacement 2014 $3,000 Switch Replacement 2014 $8,000 Rough Mower (2300) 2014 $30,000 $35,000 Drainage Improvements 2014 $8,000 Refurbishment of ECC & Comm Rm 2014 $25,000 Portable Radio Replacement 2014 $20,000 Street Lights 2014 $800,000 $600,360 West Lafayette Rd Reconstruction 2014 $350,000 Rest Point Rd Rehabilitation 2014 $150,000 $122,500 Update to Pavement Mangement Plan 2014 $50,000 $36,000 North Water Tower Repaint, Rehab 2014 $389,500 $421,555 Well #1 Rehabilitation 2014 $100,000 Feasibility Report for Ion Exch. Rebuild 2014 $10,000 $0 Main Replacement - W Lafayette 2014 $75,000 $0 Sewer Rehabilitation 2014 $250,000 $99,840 Annual Sewer Televising (1/5 of City Each Year) 2014 $42,000 Lift Station #20 Updates 2014 $50,000 $41,775 Lift Station #18 Updates 2014 $50,000 $43,604 1984 Cummins 30K Generator 2014 $40,000 2014 Projects / Expenditures Table C-1 Project Purchase Year Estimated Amount ($) Fund Breakdown Park Equipment Building IT Golf Course Long Lake Fire Community Investment Street Water Sanitary Sewer Storm Sewer Police Lift Station #14 Generator 2014 $50,000 $14,520 Lift Station #31 Updates 2014 $50,000 $43,084 Long Lake Ravine Stabilization 2014 $55,000 Stormwater Treatment Pond Maintenance Study 2014 $20,000 Dahl Road / North Shore Ravine Stabilization 2014 $50,000 Squad 218 2014 $35,000 $35,500 Squad 842 (Mound) 2014 $35,000 $35,500 Squad 847 (Mound) 2014 $35,000 $35,500 Technology Replacement 2014 $10,000 $11,450 Squad Video Cameras 2014 $10,000 $15,420 Mobile Data Computer 2014 $5,000 Projects Not Included in 2013 CIP 1130 Cherry Place Ravine 2014 $0 $17,118 Green Trees Sewer Ext 2014 $0 $100,600 Starky Road 2014 $0 $21,498 Totals $6,239,500 $0 $78,661 $3,606,074 $3,900 $35,000 $0 $600,360 $179,998 $421,555 $343,423 $17,118 $133,370 2014 Estimated Capital Improvements = $6,239,500 2014 Spent on Capital Improvements = $5,419,459 2015 Projects / Expenditures Table C-1 Project Scheduled Year Estimated Amount ($) Fund Breakdown Park Equipment Building IT Golf Course Long Lake Fire Community Investment Street Water Sanitary Sewer Storm Sewer Police Asset Management Implemtation 2015 $5,000 Ford Dump Truck w/plow and Sander 424 2015 $143,500 $171,105 City Hall Fire System Upgrade 2015 $25,000 PC Replacement 2015 $4,500 $1,765 Drainage Improvements 2015 $8,000 $0 Replace E12 with Rescue Pumper 2015 $440,000 $0 Trail/Sidewalk - Navarre 2015 $200,000 $0 Park and Ride Striping 2015 $12,000 $0 Sanitary Swere Rehab 2015 $250,000 $260,884 Maintenance - Seal Coat 2015 $254,000 - Watertown Road Phase 1 2015 $824,200 598,662 Water Infrastructure Monitoring 2015 $20,000 - North System Pump House 2015 $321,000 367,000 Install Well 4 2015 $350,000 - South Treatment Room 2015 $278,000 312,560 Sewer Rehab 2015 $250,000 250,955 Lift Station #5 Generator 2015 $51,500 - Lift Station #15 Updates 2015 $51,500 43,100 Lift Staation #8 Updates 2015 $51,500 35,450 1992 Katolight Generator Replacement 2015 $100,000 - Truck Mounted Sweeper #460 2015 $268,700 - Shoreline Stabilization (SWMP 13) 2015 $10,000 - Squad #224 2015 $35,000 33,435 Squad #225 2015 $35,000 36,237 Squad #844 2015 $35,000 37,245 Technology Replacement 2015 $10,000 8,951 Squad Cameras 2015 $15,000 19,730 2015 Projects / Expenditures Table C-1 Project Scheduled Year Estimated Amount ($) Fund Breakdown Park Equipment Building IT Golf Course Long Lake Fire Community Investment Street Water Sanitary Sewer Storm Sewer Police Mobile Data Computer 2015 $5,000 Portable Radios 2015 $35,000 Projects Not Included in 2015 CIP Kelly Avenue Storm Sewer 79,562 Livinston Park Improvments 38,100 Thermal Imaging (Grant Funded) 5,999 Totals $4,088,400 $0 $171,105 $0 $1,765 $0 $0 $0 $598,662 $679,560 $590,389 $79,562 $135,598 2015 Estimated Capital Improvements = $4,088,400 2015 Spent on Capital Improvements = $2,256,641 Agenda for Orono City Council Truth in Taxation Monday, December 12, 2016, 6:30 P.M. Council Regular Meeting Set for Monday, December 12, 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 Truth in Taxation Public Hearing — 6:30 p.m. 1. 2017 Budget Hearing a. 2017 Budget Information b. Adopt Final 2016 Levy Collectible in 2017 c. Adopt Final 2017 General Fund Budget d. Adopt the 2017 Special Revenue Funds Budgets e. Adopt the 2017 Enterprise Funds Budgets f. Adopt the 2017 Capital Improvement Plan (CIP) Approval of Agenda 2. 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 3. November 28, 2016 Council Minutes* 4. November 28, 2016 Council Work Session Minutes* 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 5. 2017 Public Works Plan 6. Procurement to Replace Tractor (351) and Toro Broom (3 52) 7. Lurton Off Leash Park Fence — Pay Request #2 - Final 8. Watertown Rd and Stubbs Bay Rd Rehabilitation — Pay Request No. 4 -FINAL CORRECTED 9. 2016 Road Maintenance (Hunter and Tamarack) -Pay Request 1- Final 10. 2017 Park Maintenance Contract with Sentence to Serve (STS) 11. Utility System SCADA Upgrade Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Orono City Council Truth in Taxation Monday, December 12, 2016, 6:30 P.M. Council Regular Meeting Set for Monday, December 12, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Public Safety Report 12. Disposal of Forfeited Vehicles 13. Request to Hire Full -Time Police Officer Planning Department Report — Planning Commission Representative — Bruce Lemke 14. 15-3763/16-3860 — Christopher & Gail Bollis/Christopher & Rachel Bollis, 200-350 Stubbs Bay Road North- Final Plat Approval 15. 16-3847 — Shadywood Villas Comprehensive Plan Amendment 16. 16-3879 — Scenic Sign Corporation, obo Lunds Real Estate Holdings, LLC, 3333 Shoreline Drive 17. 16-3880 — Everlast Enterprises Inc. — 230 Tonka Ave — Variance 18. 16-3877 — George Stickney o/b/o Mooney Lake Preserve Lots 1-7, Block 1 - Average Setback Variances 19. 16-3882 — Jon Ressler — 3683 North Shore Dr., Variance 20. 16-3884 — Jeff & Pia Schutt — 2750 Casco Point Rd — Appeal 21. 16-3885 — Hans & Sharon Bergh — 2800 Shadywood Road — Variances 22. Online Permitting Update 23. Planning Commission Member Liaison Schedule 2017 Mayor/Council Report City Administrator's Report 24. Resolutions of Recognition of Outgoing Council Members a. Lili Tod McMillan b. Lizz Levang c. Jim Cornick, Jr. 25. 2017 Non-union Employee Compensation Adjustment Resolution 26. Union Contracts a. Police Officers Labor Agreement for 2017-2019 b. Police Sergeants Labor Agreement for 2017-2019 27. City Clerk Retirement 28. 2017 Liquor License Renewal a. Orono Liquor Inc./DBA Narrows Saloon 29. Liquor Violation 30. Authorization to Disburse Funds 31. Donation Garden License Agreement - Renewal 32. Claims/Bills * City Attorney's Report Adjournment Upcoming Events 2016 01-09-17 12-23-16 — Christmas Eve Holiday 12-26-16 — Christmas Day Holiday 2017 01-23-17 01-02-17 — New Year's Day Holiday 01-03-17 — Park Commission Meeting 2017 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 28, 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 Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 2, 4, 7, 8, 9, 10, and 11 were added to the Consent Agenda. Item No. 6 was removed from the agenda. Walsh moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL MEETING OF NOVEMBER 14, 2016 Walsh moved, Printup seconded, to approve the minutes of the Orono City Council meeting of November 14, 2016, as submitted. VOTE: Ayes 5, Nays 0. 10UIFIQ77510771Y Gabriel Jabbour, LMCD Representative, noted he will be stepping down from his position at the end of his term. Jabbour stated he took the job for a particular purpose and that he has reached the end of his task. Jabbour stated he will provide a snapshot of the LMCD from its inception, the present, and the future to provide the City Council with an idea of where it should be going from here. Jabbour noted the City of Orono has a disproportionate amount of shoreline on Lake Minnetonka compared to the other 13 member cities. Orono shares a border with a city, encompasses a city, or shares a bay with a city with 10 out of 13 member cities. Jabbour stated the things that happen on Lake Minnetonka will impact Orono's property values, the residents' safety, and the safety of their children. Big Island is one of the prime assets of the City, with the island being featured in a number of magazines, but it is also at the center of unsafe activity. Jabbour stated approximately three years ago, he noticed that the LMCD had deteriorated to the point where most items were routine and the board members were not familiar with the tasks it was assigned to oversee. The number of volunteers with the Water Patrol has decreased over the years from 51 to 20 but the amount of debris and garbage and unsafe activity has increased during that time. Jabbour stated most of the board members did not really understand their role with the LMCD. Page 1 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. LMCD REPORT (continued) Jabbour stated when he became a member of the board, there was some pushback on what the role of the LMCD should be and its budget. Over the years, the LMCD embarked on a number of things that went beyond the enabling legislation and its scope. Jabbour stated as the board went through the process of reviewing things, he challenged them on a number of items. Jabbour stated this past year the board replaced their executive director, the long-time district attorney retired and a replacement will be hired, and more of the board has a totally new idea of how the board should operate. In addition, the LMCD Board is now a participating board where in the past it was a passive, non-active board. Jabbour stated the LMCD cannot function properly without all board members being fully involved. Jabbour noted many board members make decisions impacting the lake when they have never been on the lake. Jabbour indicated that has changed in the past year and the board is now more fully engaged. The LMCD also lowered its levy by 10 percent. During the process of reviewing the role of the LMCD, all of the committees except for two were eliminated. Jabbour noted the LMCD bylaws had not been changed since 1967 and that they were operating to a large extent outside of the bylaws. Over the past year the board revised the bylaws and those have been adopted. A new strategic plan was also adopted. Jabbour noted two-thirds of the board did not know there was a strategic plan prior to that. The board has also promised to recodify the ordinance in the coming year to eliminate some of the cross references that are included. Jabbour stated at the last meeting there was a discussion about responsible spending, eliminating mission creep, and focusing on what the LMCD is supposed to be doing. Jabbour stated with the help of the City of Excelsior, the LMCD joined the three reserves funds together. Those funds include the operating fund, the equipment fund, and the Save the Lake fund. Jabbour noted the levy money was being converted to the Save the Lake Fund, which is supposed to be citizen funded and is not supposed to be taxpayer money. Jabbour stated the LMCD was spending levy money to solicit funds and do other things that the Save the Lake Fund should be doing. Jabbour stated one of his goals during that meeting was to make sure the Save the Lake committee understood what that fund should be used for. Jabbour noted the Save the Lake Fund had more money in it than the general operating fund and that the LMCD's balance sheet will change drastically after the merged funds are reflected on it. Jabbour stated the biggest issue for the Board in the coming years is to make sure in the future that the mission is clearly understood so as not to undo all the hard work that has been done in the past couple of years. Jabbour stated some board members have spent an enormous amount of energy helping out on the lake and assisting with the harvesters, and that he hopes it does not go back to being a non -participating board. Jabbour stated another issue is that some of the member cities have an equal vote to Orono but they pay less than what Orono does. Jabbour stated the biggest challenge will be to transfer responsibility for some items to the appropriate agencies. An example is that the MN State Legislature said replacement of the lights on the buoys is the responsibility of Hennepin County but yet the LMCD has been doing it. Jabbour stated with the help of the sheriff, great progress has been made on some of those things but a lot of work still needs to be done. Jabbour stated it will be the board's responsibility to seek out the agency that they are supposed to be working with and ask them for assistance. Page 2 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. LMCD REPORT (continued) Jabbour noted the State of Minnesota allocated $10 million to the elimination of aquatic invasive species and that the City of Minnetonka only received $5,000 out of those funds. Jabbour stated the LMCD Board will need to deal with those issues in the coming years, and that currently, without the private sector, the lake would not function. Jabbour stated in an effort to try to address some of these issues, the LMCD has to enter into partnerships and create better relationships with other government entities. With the $320,000 the LMCD receives, they cannot do much. The LMCD will also have to go back to the legislature to update the work of the LMCD. Jabbour stated a bill has been drafted to restructure the LMCD and that hopefully that will happen. McMillan thanked Gabriel Jabbour for serving on the LMCD for the past two years on behalf of Orono and stated hopefully the LMCD Board will continue to move forward. Jabbour stated he and Jay Green were physically out on the harvesters this summer and found out that things were not run very efficiently. Jabbour stated the LMCD only used two harvesters this year and that they found out that if the motor is pulled back to 1300 rpms rather than 2700 rpms the boat runs a lot smoother, but that the difficulty is getting the workers to do that. Jabbour stated he would like to see the City of Orono send a letter to the sheriff as well as Three Rivers expressing the City's gratitude for all their help. Jabbour stated they have been a major asset on the lake. Council Member Levang asked if the harvesters need to be replaced in the near future. Jabbour indicated they do not and that they should last indefinitely as long as they are properly maintained. Jabbour stated in order for the board members to make good decisions, they need to be out on the lake periodically so they know what is happening. PUBLIC HEARING 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 Finance Director Olson stated each year the City Council reviews the City's Fee Schedule. As part of this process, the City 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. Olson stated Staff is recommending a 4 percent increase in sewer fees, an 11 percent increase in the water rates to cover infrastructure needs, a 2.9 percent increase to cover the increase in charges from Waste Management with regard to the City's recycling program, and a 10 percent increase in storm water fees. Olson noted dredging the storm water ponds is the big expense item in that category. Staff is also recommending a $10 back flow preventer registration fee. The new fee is to cover the costs of maintaining a back flow preventer database to track compliance with annual testing requirements. Page 3 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 Replacement of residential fixture or appliance fee has been removed. Olson stated this fee was rarely collected because homeowners generally do not come in for a permit when replacing appliances. Other changes being recommended by Staff include the following: Elimination of the current water and sewer connection charge. That section will be replaced with new language contained on Pages 17-18. This is being done to simplify the fee schedule and remove fees that are rarely if ever charged. 2. The fence viewer fee will also be eliminated as well as the fee for street or traffic signs since that is an outdated fee that is not being collected. The Wayzata connection fees for water and sewer are being adjusted to reflect Wayzata's 2017 connection fee. 4. A simplified connection fee for new water and sewer connections into an existing utility line is being proposed. The amount will be calculated using the net infrastructure value divided by the current number of connections. The water meter and horn fees are proposed to be changed to "current cost" instead of an identified amount since the cost of the meters is not known until after the 1St of the year. 6. A non-resident rate of 15 percent to 60 percent is being proposed for golf rates. The rational for this is based on the fact that Orono taxpayers are subsidizing the course through their property taxes. Staff is requesting the City Council make a decision on whether there should be a resident fee and a non-resident fee for the golf rates. Council Member Walsh asked if the City had more maintenance and infrastructure needs than had been planned on or whether the money will be added to the City's reserves. Olson indicated in 2008, when the original rate study was performed, the City was not attempting to cover depreciation of the infrastructure. At that time a decision was made to cover the depreciation. Olson noted the City bonded for the new well but did not assess for it. That cost is paid for out of the water fund revenues. Olson stated when he started at Orono in 1997, the City actually did a special assessment to fund half of the project in Navarre. Olson stated it is a philosophical discussion, and that these types of projects can easily exceed $1 million. The decision that needs to be made is whether the City wants to pay for them out of the fund or assess the residents to pay for the projects. Walsh stated the City is making sure that they are covering the depreciation or replacement costs. Olson indicated that is correct. Page 4 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 Public Hearing Mayor McMillan opened the public hearing at 7:39 p.m. No public comments were received. Mayor McMillan closed the public hearing at 7:39 p.m. Walsh noted the City has never collected residential dock license and dog fees. Walsh asked whether those should be eliminated. Olson stated those will also be eliminated. Walsh asked about the fire pit fee. Walsh noted he could not find it in the fee schedule. McMillan stated to her knowledge it is not included in the fee schedule. Community Development Director Barnhart noted the ordinance requires the resident to obtain a permit but that the City does not collect a fee. McMillan stated a fee is not collected on small recreational fires but that they are collected on larger brush fires. City Administrator Loftus stated for the recreational fires, if there is a complaint, the police department has a list of who has registered to have a recreational fire. Walsh stated the only item would be elimination of the residential dock fee. Olson stated that can be removed. McMillan asked if there is anything in the City's Code that that would correspond to. McMillan suggested Staff research that item. McMillan commented she is not in favor of the large increase in the golf rates during the week since that will likely hurt the golf course in the long run. McMillan stated she is okay with the season pass rates having a residential and non-residential rate but that she is not comfortable with adding a non-resident fee to the daily rates since charging a non-resident fee would result in extra staff time and confusion. McMillan stated they are just starting to build up a good user base at the golf course and that she does not want to have a huge increase in fees. McMillan suggested having a $2 increase on the daily rate but that they should eliminate the non-resident fee. McMillan stated she would suggest the season pass rates be held steady and then increase the non-resident rate by 15 percent. Levang concurred it would be difficult to determine whether someone is an Orono resident since there are five different zip codes in the City. Levang stated there is typically only one person at the counter collecting the fees and that they need to come up with a practical manner of determining residency before increasing the fee. Page 5 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 (continued) Loftus noted Staff verifies residents' addresses with the Hennepin County property tax website to see whether they are an Orono resident. Public Works/City Engineer Edwards stated verifying the residency status is not a big deal for the season pass since they are issued at the beginning of the season. Levang stated she is okay with changing the daily fees and increasing the season pass for non-residents. Levang asked if Staff has any idea how many non-residents utilize the golf course. Edwards indicated Staff does not track that information but in his estimation it would be around 50 percent. McMillan suggested the next City newsletter include an article on the golf season and the dog park to alert the residents that there is a new rate. Council Member Printup asked what the increase is for a non-resident fee. Levang stated it would amount to $4.89. Levang commented the rates are quite reasonable and that the people with season passes tend to play a lot. Loftus asked whether other courses allow season passes to be applied to league play. Edwards stated the City used to have leagues but that they went by the wayside for the most part and they became simply groups of people who were golfing at the same time to avoid using the word league. Edwards stated the City lost a number of leagues at that time. Edwards noted the golf course staff does not actually add any value to the league so that fee was eliminated but that Staff could revisit that. McMillan noted Orono is the 4th highest in sewer rates according to the Metropolitan Council due to the number of lift stations. Edwards stated the City's sewer system is extremely complicated for the number of people it serves with 46 lift stations. Edwards stated some of the surrounding communities have five times the number of residents but far fewer lift stations. Walsh commented budgeting for depreciation is a good idea. Olson noted Plymouth has 30,000 customers and four lift stations. Orono has 2,000 customers and 46 lift stations. Olson stated it is an expensive system to operate. Page 6 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 (continued) Levang moved, Printup seconded, to adopt ORDINANCE NO. 6697, Third Series and the Summary Ordinance Adopting the 2017 Fee Schedule and an Ordinance Repealing Ordinance No. 161, Third Series, with the daily golf course rate being increased by $2, elimination of the non- resident daily fee, and imposing a 15 percent increase in the non-resident fee for season passes. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT *4. WAYZATA BOULEVARD/CSAH 112 PHASE 1 CONSTRUCTION COOPERATIVE AGREEMENT Walsh moved, Printup seconded, to approve the Construction Cooperative Agreement between the County of Hennepin and the City of Long Lake, for the construction and maintenance of the CSAH 112 Phase 1 project. VOTE: Ayes 5, Nays 0. 5. DRAFT 2017 PUBLIC WORKS PLAN Public Works Director/City Engineer Edwards stated the purpose of this item is to put the preliminary plan for 2017 before the Council for consideration and comment. Staff's intent is to bring it back for approval with any changes at the next Council meeting. Edwards stated the intent of having an annual plan is to have some guidance from the Council so the Public Works Department knows what direction to proceed in. Larger projects will be brought before the City Council prior to proceeding forward with them. Edwards stated he welcomes any input from the Council they would like to provide on the plan. McMillan noted the Park Commission had discussed not wanting to have the trail pavement improvements come out of the Park Fund. McMillan stated in her view that makes sense. McMillan noted the trail along Willow Drive between 112 and County Road 6 is on the plan. Edwards stated the alternative funding source would be the Pavement Management Fund. Walsh stated one way of determining where the funds come from is whether the trail is being replaced or fixed. McMillan commented she is in agreement with the Park Commission on the funds coming out of the Pavement Management Fund and that the City Council in the future could perhaps discuss making it a formal policy. Walsh stated with regard to the street projects, the majority of them are to be determined. Walsh stated typically in March or April they tour the roads that are in the top five to figure out which roads will be done. Page 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 5. DRAFT 2017 PUBLIC WORKS PLAN (continued) Edwards stated they are proceeding with engineering for Fox Street based on previous Council direction. The attempt with the plan is to identify other roads that need improvement and that he would like to eventually get to a position where possible projects are identified earlier. Walsh stated he completely agrees with that approach. Levang asked if the work at the Crystal Bay Post Office will be completed. Edwards stated to his knowledge the lights were projected to be replaced in 2018. The other item was to seal the parking lot pavement and strip it. McMillan commented the golf course parking lot could perhaps be done at the same time. McMillan asked if the postmaster has expressed any complaints with people parking there to use the trail. Edwards stated it has not been a big issue. The biggest complaint is the roadside parking in front of the post office and that they are looking at placing some special flexible bollards there to distinguish between the sidewalk and the pavement. McMillan asked whether the mail box could be turned around to avoid people having to drive into the parking lot to drop off mail. McMillan stated that is something to think about to help improve the situation in that area. Walsh stated he is fine with striping and crack sealing the post office parking lot but that he does have an issue with the seal coating since it doesn't do anything for the road besides paint it. McMillan noted there is a difference between the seal coating and the chip sealing. McMillan stated the chip sealing is where the City places granite chips down. Walsh stated he is fine with the crack sealing but that he is opposed to the seal coating. Walsh noted the item is labeled seal coating. Edwards stated he can change the classification of that item. McMillan commented Long Lake does quite a bit of chip sealing and that it appears to work fine. Edwards stated the three broad categories for road repairs consist of mill and overlays, seal coating, and reconstruction. In each of those categories there is a vast array of options that can be pursued. The City Council took no formal action on this item. Page 8 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORT, CONTINUED Edwards reported on the following activities by the Public Works Department: • Performed the first snow removal of the season, which was successful overall. • Winterization and site work continues on Well No. 4. • A curb was installed on Lydiard Avenue. • Tree removal was performed on Ferndale North. • A water leak repair was performed on Shadywood Road. • The water line was winterized on Old Crystal Bay Road. • Branch and debris removal was conducted at Lurton Park. PLANNING DEPARTMENT REPORT - Representative Bruce Lemke 6. #15-3763/16-3860 CHRISTOPHER AND GAIL BOLLIS/CHRISTOPHER AND RACHEL BOLLIS, 200-350 STUBBS BAY ROAD NORTH — FINAL PLAT APPROVAL — RESOLUTION NO. This item was removed from the agenda at the request of the applicant. *7. #16-3868 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT — RESOLUTION NO. 6698 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6698, a Resolution Approving the Plat of Shadywood Villas, File No. 16-3868. VOTE: Ayes 5, Nays 0. *8. #16-3881 CHARLES CURD, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD — EASEMENT VACATION — RESOLUTION NO. 6699 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6699, a 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 No. 16-3881. VOTE: Ayes 5, Nays 0. *9. #16-3862 ROBERT LUND, 2732 CAROLINE AVENUE, VARIANCE AND CONDITIONAL USE PERMIT — RESOLUTION NO. 6700 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6700, 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. 16-328, for the property located at 2732 Caroline Avenue. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh commented he hopes everyone had a great Thanksgiving. McMillan reported she attended the November Planning Commission meeting and that they did a god job vetting the applications. McMillan noted the Planning Commission will not be meeting in December. Page 9of11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *10. WAYZATA FIRE SERVICE AGREEMENT Walsh moved, Printup seconded, to approve the Wayzata Fire Service Contract with the City of Wayzata and approve payment for fire protection services. VOTE: Ayes 5, Nays 0. *11. 2017 LIQUOR LICENSE RENEWALS 2017 Annual Liquor License Renewals: 1. Orono Public Golf Course 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 Boulevard Wayzata, MN 55391 5. Wood Enterprises, Inc., d/b/a Navarre Liquors 3421 Shoreline Drive Navarre, MN 55392 6. Woodhill Country Club, Inc. 200 Woodhill Road Orono, MN 55391 Walsh moved, Printup seconded, to approve the above -listed licenses. VOTE: Ayes 5, Nays 0. *12. CLAIMSBILLS Walsh moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick stated he has nothing to report. Page 10 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. CLOSED SESSION 13. CLOSED SESSION FOR UNION NEGOTIATIONS McMillan stated pursuant to Minnesota Statute 13D.03, the City Council will be going into closed session to discuss labor negotiation strategies. No further City Council business will be conducted after the closed meeting other than to adjourn. Levang moved, Printup seconded, to enter into Closed Session to discuss labor negotiation strategies at 8:06 p.m. ADJOURNMENT Closed Session adjourned at 8:36 p.m. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 11 of 11 MINUTES OF THE ORONO CITY COUNCIL & PLANNING COMMISSION JOINT WORK SESSION Wednesday, November 28, 2016 5:00 p.m. Present: Mayor Lili Tod McMillan, Council Members Jim Cornick Jr., Lizz Levang, Aaron Printup, Denny Walsh; Planning Commission Members Denise Leskinen, Kevin Landgraver, Bruce Lemke, Loren Schoenzeit, Jon Schwingler, John Thiesse, and Richard Crosby Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Senior Planner Mike Gaffron, City Planner Melanie Curtis, City Attorney Soren Mattick Mayor McMillan called the work session to order at 5:02 p.m. Community Development Director Barnhart reviewed the meeting's purpose and process. A list of 51 identified items for 2017 was provided for group discussion along with a summary list the progress made during the past year. The goal is to prioritize the list for action in 2017, determine if items should be removed or new items added. Attached is the final ranking of the top issues to be addressed in 2017. The joint Council -Planning Commission work session was adjourned at 6:42 p.m. r_XAM1111 Diane Tiegs, City Clerk Lili Tod McMillan, Mayor No. Summary Age Issues/Discussion Yellow Total Points Total votes - i 37 Special Events 2016 Special Events. Review the standards for special events, specifically the number of times 9 27 9 21 Land uses 2016 Uses. Review uses permissible and conditional in the Business districts, including care facilities. 5 3 21 8 38 Structural Coverage 2016 Structural Coverage. Review structural coverage calculations, what is included, what isn't 6 1 1 21 8 The entire sign ordinance should be reviewed and revised to address content neutral signage and to 33 Sign Ordinance Pre 2013 reflect market demands and city goals. Issues specific to special events, residential entrances, 5 2 19 7 temporary, election should be reviewed. There are several areas with lots substantially below (1/2 acre or less) the minimum 2 acre lot Small lots in older zoning requirements; Either a new zoning district or a new district classification, i.e.: Crystal Bay, 36 Pre 2013 4 1 1 15 6 neighborhoods Mtka Bluffs, Stubbs Bay Ne. Previous Councils suggested this to be reviewed as part of the Comprehensive Plan. Wetlands. The City's wetland setback requirements are greater than area communities and the 49 Wetland Setbacks 2015 watershed district. Perhaps the benefits are no longer valid. Further, there appears to be a conflict 5 15 5 between the septic code and the wetland setback. 11 Escrow 2016 Review the requirements for escrow deposits and agreements. 2 4 14 6 Review the Septic code, compare with State/ County requirements. Determine if the differences are worth the added layer of review and permitting. Create an option whereby a landowner can obtain approval for extending the every 3 year pumping requirement on a year -by -year basis where 31 Septic Code Pre 2014 6 12 6 documentation is provided and a management plan agreement is entered into requiring verification that septic tanks are not needing to be pumped yet, especially in the case of Big Island where the transportation cost is exceedingly high. 14 Hardcover 2016 Review hard cover exclusions including roads and trails for public's benefit. 2 3 12 5 The statute allows for certain subdivisions to be reviewed differently, skipping a planning commission 23 Lot splits 2015 process. could be reviewed and do not need to be, adding time, expense, and roadblocks unnecessarily. 3 1 1 12 5 Changes could save staff and applicant time. Comp Plan text/map The Comp plan notes certain density ranges. The future Comprehensive Plan should be clear as to 6 amendments re: densities in Pre 2013 4 12 4 the goal of certain districts in terms of density and development patterns. certain districts Site Plan. Should all site plans be reviewed as part of a public hearing? Adds unnecessary time and 34 Site Plan review 2016 2 2 10 4 expense to uses that are permitted. 51 Sketch Plan 2016 Review the procedure for sketch plans. Should these include public hearings? 2 2 10 4 There is concern that certain large lakeshore estate properties might be acquired by other agencies Estate transformation to event 12 Pre 2013 to use for high-intensity park -related or event -center uses incompatible with our residential zoning 4 1 9 5 center and/or competing with existing facilities. Ordinance allows the replacement of non -conformities taken in an Act of God, replace in 12 24 Non -conformity issues 2016 2 4 8 6 months. Voluntarily, replace in 6 months. These should be consistent. The definition of average lakeshore as it applies to fences is different than as it applies to buildings. 4 Average Lakeshore: Fences 2015 3 2 8 5 Would consistency improve clarity? Uses. Should the school district be in its own land use zone, to better address long term School district/ Institutional 30 2016 improvements and permitting. Currently, the schools are zoned residential (2 acre), and many of 3 2 8 5 zoning the regulations applied to the residential are not applicable to the school district. 47 Vacation Rentals 2015 Should short term rentals be regulated by the City? 1 1 2 7 4 4 Tree/ Landscaping. There are no landscaping requirements except for the 1-1, B-2 and RPUD zoning 22 Landscaping 2015 districts. There should be landscaping requirements for B-4, B-6 and the other commercial zoning 6 6 6 1 districts, especially as redevelopment occurs. 27 Policy RE Planning Commission 2016 Policy. Prepare and codify bylaws governing the planning commission. 1 3 6 4 1 42 Subdivision: Special lot 2014 Special lot combos should be clarified to exclude non -riparian lots in calculation of average lakeshore 2 2 6 4 combinations setbacks. Drafted, need to schedule. 52 VARIANCE 1 1 1 6 3 44 Transient Merchant 2016 Review pop up sales, food trucks, kids sales exceptions? 1 3 5 4 Tree/ Landscaping. Tree 45 2016 Establish policy to review and approve/ deny tree removal in right of way 2 1 5 3 Replacement requirements Comm'I/Residential Kennel The approval and licensing requirements of kennels should be developed, wherever they are 5 DeI/f's (78-13ia 6e Pre 2013 1 1 5 2 161/183/184) permitted, while removing any inconsistencies. The City should consider changes to ordinance standards and public street light policies which 9 Dark Skies Standards 2015 reduce ambient light emissions to reduce the impact of light pollution to the night sky in our rural 1 1 5 2 1 residential lake culture setting. Should the regulations for fencing and fence walls be reviewed? Further, should permits be 13 Fencing/ landscape walls 2016 4 4 4 required for fences and landscape walls. Currently, permits are not required. Orono code language should be clarified to be consistent with state shore land standards with 32 Shore land lots of record 2014 regard to minimum lot size and width vs. underlying zoning. Has been amended three times (Ord. 4 4 4 92, 95, and 108) Accessory uses. Granny flats We should review accessory dwelling units and how they apply to granny flats and similar housing 2 2015 1 2 4 3 and additional arrangements. 15 Hardcover. Lot of Record 2016 Review hardcover tier to ensure they are appropriate. 3 3 3 82-281 establishes the maximum length of a cul de sac at 1,000 feet. Recent subdivisions have exceeded this 39 Subdivision: Cul-de-sac length 2015 length. If the Council is comfortable with a longer maximum, the ordinance should be changed to reflect this 3 3 3 distance. Code allows certain accessory structures (pools) within a certain size to be built in front of the Accessory Structures. Accessory principal building, outside of the required yard. Historically, staff has not permitted any structure. 1 2015 1 1 3 2 structures and pools Further, 78-1436 allows for a 15 side yard setback for accessory structures between 750 and 1000 sq. ft. Setbacks for accessory structures should be reviewed. Many roads approaching 30-40 years in age and increasing pressure is expected toward the city to 28 Policy: Private roads standards Pre 2013 take them over and fix them up — A policy should be developed to respond to these requests. 1 1 3 2 3 Roseville or Richfield was recently (11/15) profiled in the paper as an example of a process. Subdivision: RPUD process PUD, RPUD & PRD contain overlaps in the code and are confusing; A easier to understand code may 41 Pre 2013 1 1 3 2 ordinance revisions encourage more of these creative types of development. 53 SETBACK REVIEW 1 1 3 2 CUP modification procedures & Need to add provisions which prescribe the process and what thresholds trigger minor vs. major 8 2014 1 3 1 standards created amendments. Additional yard provisions. 78-1406 provision intended to provide relief from strict reading of the 50 Yards. Yard setback flexibility 2016 2 2 2 setback requirements could be more clearly written. Interim Use Permits (IUP) The city should explore Interim use permits as tool to allow the use of certain property with a time 20 2014 1 2 1 standards created limit. Nuisances (dog barking, long grass, debris, light and glare, smells) could be better defined and 25 Nuisances 2015 1 2 1 written from an enforcement strategic viewpoint. SWMP - zoning code revisions to Ordinances codifying the Surface Water Management Plan standards must be adopted to fully 43 Pre 2013 1 2 1 formalize implementation implement the plan. Trees/ Landscaping Tree The city should develop a clear set of objective and effective standards for permitting tree removals 46 Pre 2013 in the following situations: large and small lots, plats, conservation subdivisions, and shore land 1 2 1 1 Preservation Ordinance areas. Uses. Gardens are a permitted principal use in some zoning districts. In these districts, a property 26 Permitted uses: gardens 2016 1 1 1 owner may add a dock to a lot with a garden, satisfying the ordinance. Is this the intent? RS Dist. -Bldg. &foundation 29 Pre 2013 The RS District's (Big Island) standards for construction and setback should be reviewed. 1 1 1 standards Currently, the city charges all applicants an application fee. Should taxing authorities pay fees for 3 Application fees. Tax authorities 2016 the review of projects? In essence, we are charging our taxpayers for the review of projects that 0 0 1 benefit them. Hennepin county, the school district, etc. 7 Conservation Design 2014 The Conservation design requirements and process should be reviewed to ensure consistency with Councils 0 0 goals. Should the city regulate drones in addition to those regulations imposed by the Fed Govt. Drones 10 Drones Pre 2013 0 0 3 may be disruptive to neighbors. The ordinance should include provisions for the landing of helicopters and airplanes on lakes and 16 Heliports 2014 0 0 5 on large private properties. 17 Housekeeping. House Numbers 2016 Building Code requires 4" min height. 0 0 18 Housekeeping. Recreation Fires 2016 Remove permit requirement for recreation fire. 0 0 19 Housekeeping. Street Signs 2016 Street signs are due at building permit, not CO. Public safety issue included in the Building Code. 0 0 There is an opportunity to improve the process of dealing with slope failures before they occur and Slope Failure and Stabilization 35 Pre 2013 in emergency situations; standards, review process, collaboration with MCWD, etc. would benefit 0 0 2 Ordinance or Policy residents. REQUEST FOR COUNCIL ACTION DATE: December 12th, 2016 ITEM NO: 5 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: 2017 Public Works Plan List of Exhibits A. 2017 Public Works Plan (Changes from the preliminary plan presented on November 28" are blue) B-E: Engineer proposals, Bolton and Menk 1. Purpose. The purpose of this item is to gain Council approval to the Preliminary 2017 Public Works Plan. 2. Background. The 2017 Public Works Plan is an effort to improve the planning and budgeting of 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 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. 4. Engineer Proposals. Bolton and Menk has prepared proposals for the Engineering and planning of projects in support of the 2017 Public Works plan. (Exhibits B-H) Project Exhibit Proposal (Not to Exceed) 2017 Storm Pond Assessments B $10,000 Water Study C $8,900 2017 Sanitary Sewer Rehabilitation D $15,900 Willow Drive Trail Rehabilitation E $5,500 COUNCIL ACTION REQUESTED: Motion to approve the 2017 Public Works Plan and associated engineer proposals. 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 5 Storm Water 6 Streets 6 Maintenance District Map 7 Project Map 8 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 Operating PW Golf Course Superintendent recruitment Solicit for, interview and select a new Golf Course Superintendant. Current Superintendant, Ron Stefanhagen's, phased retirement end in 2017. and Transition Admin StaffTime Golf Course PW Update the City Standard Plates and Review and update the cities Standard Plates and create a consolidated list of construction The Plates were last updated in 2011 and contain some out dated material. In addition the Construction Specifications standards. cities construction standards and specifications are spread thin the code and various plans. PW eml Admin Eng neerin9 B M I Water Supply Plan Update Water supply plan which is due in 2018. Plan to be included in the Every ten years, all public water suppliers in Minnesota that serve more than 1,000 people Comprehensive 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 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. 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. in service since 1984. Equipment 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. 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)W Golf Course P As Of: 12/6/2016 2017 Projects Category Project Detail / Scope Justification Estimated Cost Funding Lead Source 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 fife 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 15 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 PMF 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 5,000 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. Parks $ 10,000 Park Fund PW Highwood Park Improvements Proposed improvements include marking trails, removing buck them, parking lot This is a Park Commission Priority Park for 2017. improvements and two small foot bridges. Park Operating Parks $ 5,000 Budget PW Golf Course Irrigation Pond Dredging This project would remove approximately 1 ft 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) g 25,000 Storm Water 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 As Of: 12/6/2016 2017 Projects Category Project Detail / Scope Justification Estimated Cost Funding Lead mater project due to Lower than expected Source zZ1 teF Fund BA4I Monitoring and Alarm Upgrade This is a continuation/ expansion of the project began in 2016. This project will see the As of 2016 the city only had 13/46 lift stations being electronically monitored. The diffie.a« TMs ..roje„«:eontinuation,.fsof.. a upgrades 4em 2046 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 SCAPAtipgr-ade Can be completed as part oj'the 2016 This pfejeet will pfevide a fiew, lar7ger PLC based patiel. The iiew pafielMll inelude added niputs,loutputs for all ofthe site equipment, plus spaeelspares for 1EHowfi AltUfe Sewer system upgrade/replace lace co Ponents ofthe monitoring includin antennas, and stations are uPon audible and visual alarms to provide notification ofmechanical $ 26,000 Sewer Fund PW equi menE uninterruptable power supply (UPS) issues. The provision of electronic monitoring for all of the city's lift stations will improve BMI quotes 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 IP Distribution System Extension along 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 11 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 (CIDP) Reduce Inflow and Infiltration (I&I) into the Sanitary sewer systems. The lining process constructing an 12" water main along CSAH 112. will fund the difference ($120,000). 120,000 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 North Water Tower Mixer This project would see the procurement and installation of a water tower mixing system for Sewer reconstruction, and lid replacement. or directionally drilling in order to replace the older pipe. $ 265,225 Sewer Fund BMI the north water tower. 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. PW / Water 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. $ 25,000 Sewer SEHinc repairs wet well. The Lift Stations identified for 2017 are Lift Station #6 (2478 Casco 110,000 Sewer Fund PW To ensure a continued, dependable supply of quality water from the City's well periodic 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. replacement of Well #2's pumps, motors, and column piping. Sewer Water Fund PW Sewer Fund PW Replace Generator with new permanent generator for back up power to the Navarre Water Lift Station annual inspections and Annual Inspection of all Lift Stations Preventive maintenance inspections to determine maintenance needs. Sewer maintenance plant. Sewer PW Water Operating 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 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 (I 100 Elmwood) sanitary sewer system Along North Arm Drive. infrastructure. Sewer $ 7 ; Sewer Fund PW As Of: 12/6/2016 SCAPA Communieations Upgrade Can be completed as part of the 2016 This prejeet will replaee the etiffent radio hased- SCA PA eaffinAunieations system with a a_a:.. ted eellWar sys.,.... The City has e*perieneed some intefi=apfiefis in with the existing radio based $ 97,20- mater project due to Lower than expected system. TMs is I�Tieal in mattae, hilly settings stiffetaidifig lakes where radio paths ean be zZ1 teF Fund BA4I quotes diffie.a« TMs ..roje„«:eontinuation,.fsof.. a upgrades 4em 2046 SCAPAtipgr-ade Can be completed as part oj'the 2016 This pfejeet will pfevide a fiew, lar7ger PLC based patiel. The iiew pafielMll inelude added niputs,loutputs for all ofthe site equipment, plus spaeelspares for 1EHowfi AltUfe Well hettse 3 has Feeefftly reeeived new ehemieal steFage afal feed eqiiipfflen�, alld is-- ----g ze project due to lower than expected equi menE $ 61,200 Water Fund BMI quotes 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 11 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). 120,000 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 $ 25,000 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, 250KW 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 As Of: 12/6/2016 2017 Projects Category Project Detail / Scope Justification Estimated Cost Funding Lead Streets $ 271,373 Source 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) 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 Streets Phase 2 Avenue area. During this phase of the project the City will replace 15" culvert under Kelly end of 2016. PMF BMI Storm Water Northern Avenue Mill and Overlay Avenue with double 15" culverts directly to wetland P2, and replace the 8" tile outlets with The pavement is in poor condition (PCI 61) $ 75,000 Storm Fund PW Streets 12" for wetlands P7 and P8. $ 63,565 PMF BMI 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. Streets maintenance. 2017 is District 4. $ 33,156 PMF BMI Storm Water Minnetonka Highlands Mill and Mill and overlay 1100 feet of pavement The pavement is in poor condition (PCI 62) Storm GF PW MS4 / SWPP Compliance Quarterly inspect all stockpiles, Comply with the City's MS4 permit several actions are required in 2016 to inclE Streets Bi Annually Publish Stormwater education articles, $ 64,361 PMF BMI Storm Water 2017 Seal Coating Annually Inspect structural Stormwater BMPs, Preventive maintenance Storm GF PW Streets Annually conduct public meeting annually and $ 108,122 PMF PW 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 quality Improvement (SWMP 4) and Old Crystal Bay road. Ideally these improvements would be incorporated into the Fox water Storm Water Sheet Road Reconstruction project. quality treatment can be retrofit to this area. Approximately 19 acres of rural res use 92,4-,'' Storm Fund BMI 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 in the French Lake (FR), Lake Classen (LC), Storm Water Maxwell Bay (MB), and Stubbs Bay (SB) Subwatersheds Storm Fund BMI Misc Storm Water improvements Un programmed major storm water repairs and improvements. Storm Water $ 76,500 Storm Fund BMI Crack Sealing Crack Seal Annual preventive maintenance Streets $ 15,000 Streets PW Operating Striping Restripe selected Streets Annual Street Maintenance to ensure flog lines, center lines and other pavement marking remain visible to users. Streets Streets $ 10,000 Operating PW 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 $ 643,545 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 tum lane from the southbound lane in to Agreed to by council in resolution. Construction the norther high school entrance. Streets $ 25,000 PMF BMI Council Decision on the following projects will be defered until March 2017. As Of: 12/6/2016 Forest Arm Lane Reconstruction Reconstruction of 1700 ft of roadway. The pavement is in very poor condition (PCI 44) Streets $ 271,373 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 $ 63,565 PMF BMI Minnetonka Avenue Mill and Overlay Mill and overlay 850 feet of pavement The pavement is in poor condition (PCI 62) Streets $ 33,156 PMF BMI Minnetonka Highlands Mill and Mill and overlay 1100 feet of pavement The pavement is in poor condition (PCI 62) Overlay Streets $ 64,361 PMF BMI 2017 Seal Coating Chip seal 13,050 feet of road. Preventive maintenance Streets $ 108,122 PMF PW Forest Arms 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 Road Reconstruction other utilities at the same time. Sewer 92,4-,'' Sewer Fund PW As Of: 12/6/2016 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 2017 Public Works Plan Water Softener Public Works Fire Suppression System upgrade City Hall Water main extension � CSAH 112 ,,�R „ e Sewer Extension CSAH 112 Brush Site Fencing McCulley Brush Site Turn Lane OCB at High School Stormwater Improvements Fox Street Street Mill and Overlay Minnetonka Highlan:] ds Street Reconstruct Forest Arms Lane Backup Generator LS 20 Park Improvement Saga Hills Park Improvement Highwood Park Playground Border & Surface Rehab Antoine Park Street Mill and Overlay Northern Avenue Garage Siding Navarre Garage Lift Station Rehab LS6 & LS 7 w , rr�9�as Gad. P, Fuel System upgrade Public Works Water tower mixer 6 North Towerzz-=--z4 SCADA Upgrade North Well House Lee W:.. fassen Lynarzf Lrg take iakp N LON�i+ _..LIKE Maw. •� Hay ale arra b � rm�u uYe M a IOWA t rrxg. @ aotir fflnzc, 3 4AM 4 aay m.ae e. taAie SPRINU C.rin g bark ^.w Drainage Improvements Kelley Avenue E e L iren3ge, E,rrf15 7,1712->0A, - d gay `wch .WarSn say MINNtTONKA BEAfH Rra�xeas wi�nre<rsn�ta I #a�^a� a t�an�iy-ara Ray.Isfan - �- nar° sG4 .6GiP.°r BIG ISLAND TONKA Backup Generator crown LS 7 �mrfamr Dredge Pond Golf Course Sealing and striping Parking lot Golf Course Street Reconstruction (MSA) Fox Street Street Reconstructio Fox Street Street Mill and Overlay Minnetonka Avenue Well Inspection and Rehabilitation Well #2 Backup Generator Navarre Water Plant OBOLTON & MENK Real People. Real Solutions. December 5, 2016 City of Orono Attn: Adam Edwards P.O. Box 66 Orono, MN 55232 RE: 2017 Storm Water Assessment Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and fee estimate for completing the 2017 Stormwater Pond Assessment for the City. Based on our understanding of the project, we propose the following scope of work: Stormwater Pond Assessment — French Lake (FR), Lake Classen (LC), Maxwell Bay (MB), and Stubbs Bay (SB) Subwatersheds • Coordinate and meet with City as necessary to review and discuss Pond Assessment procedures and results. • Establish location of all stormwater ponds within subwatersheds on City Parcel Maps through review of City Maps, Record Drawings, and visual inspection. • Establish location of City maintained stormwater ponds within subwatersheds with GIS coordinates. • Delineate watersheds for City maintained stormwater ponds. • Define watershed characteristics for City maintained stormwater ponds. Characteristics shall include impervious surface percentage, time of concentrations, areas, and soil types. • Define pond characteristics for City maintained stormwater ponds. Characteristics shall include design permanent volume, estimated existing permanent volume, outlet design, normal water level, and high water level. • Prepare initial rating of City maintained stormwater ponds within subwatersheds as defined in City's Pond Assessment Program. • Prepare recommendations for pond bathymetric surveys to establish accurate existing permanent volumes based on initial ratings and discussions with City. • Provide layer on City's GIS mapping for data generated from pond assessments. • Perform pond bathymetric surveys per previous recommendations, as allowed by available funding. Assumptions • French Lake (FR), Lake Classen (LC), Maxwell Bay (MB), and Stubbs Bay (SB) Subwatersheds are accurately delineated in the City's Surface Water Management Plan dated January 2011. • No Maps or Plans will be generated as part of this proposal. • No surveys will be performed as part of this proposal. • Wetland delineation services will not be required. H:\ORNO\2017 New Projects\Fee Estimate - 2017 Pond Assessments.docx BoLton & Menk is an City of Orono December 5, 2016 Based on the scope of services described above, we propose a not -to -exceed fee of $10,000 to be billed on an hourly basis. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer H:\ORNO\2017 New Projects\Fee Estimate - 2017 Pond Assessments.docx BoLton & Menk is an OBOLTON & MENK Real People. Real Solutions. December 5, 2016 City of Orono Attn: Adam Edwards P.O. Box 66 Orono, MN 55323 RE: DNR Water Supply Plan Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com Minnesota State Statute requires all public water supply systems serving more than 1,000 people and/ or all cities in the seven -county metropolitan area, to have a water supply plan approved by the DNR. Water supply plans must be updated and submitted to the DNR for approval every ten years. This requirement, in place since the 1990's, is designed to encourage communities to deal proactively with providing sustainable drinking water for citizens, businesses, and industry. To meet this requirement, the DNR is requiring that a Water Supply Plan completed in 2017. The following is the proposed scope of work to assist the City with the completion of this project: Scope of Work: The DNR has developed a standard template for Water Supply Plans and instructions for completion of the plan. The scope of work will include completing the plan template as required to gain approval of the plan from the DNR. Part 2 and Part 3 will require a meeting between Bolton & Menk and City Staff to assist in developing procedures and conservation measures that meet the City's goals and expectations. Specific tasks required to complete the plan are as follows: • Project kick-off meeting • Collection of data • Evaluation of data to complete the requirements of the plan • Completion of the Water Supply Plan Template o Part 1 — Water Supply System Description and Evaluation o Part 2 — Emergency Planning and Response Procedures o Part 3 — Water Conservation Plan o Part 4 — Metro Area Water Suppliers • Up to one additional meeting with the DNR and/or City Staff • Submittal of draft plan to DNR and the Metropolitan Council for approval • Preparation of resolution for City Council adoption of approved plan • Final completion of plan for submittal h:\orno\2017 new projects\fee estimate -water supply plan.docx Bolton & Menk is an equal opportunity employer. City of Orono December 5, 2016 Page 2 Fee F -timate. To provide the complete scope of services listed above, Bolton & Menk proposes a not -to -exceed fee of $8,900. In the event that City staff is able to complete the plan with just technical support from Bolton & Menk, we would propose to provide the necessary support on an hourly basis, as directed by the City. We look forward to assisting you with this project and we appreciate the City's continued consideration of Bolton & Menk, Inc. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. --L) 0.,Q -P V� & David P. Martini, P.E. Principal Engineer Bolton & Menk is an OBOLTON & MENK Real People. Real Solutions. December 5, 2016 City of Orono Attn: Adam Edwards P.O. Box 66 Orono, MN 55323 RE: 2017 Sanitary Sewer Rehabilitation Project Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have prepared a fee estimate for engineering services related to the 2017 Sanitary Sewer Rehabilitation Project. Based on our understanding of the project, the scope of the project will include sewer lining, manhole sealing and repairs, and top hats on private service lines within the project area. Our scope of services for this project will include the following: • Preparation of Plans and Specifications based on aerial photos and City record plan information • Notification to affected property owners prior to bidding • Bidding assistance and award recommendations Based on the above-mentioned scope of work, we propose and hourly, not -to -exceed fee of $15,900. Upon request, a fee estimate for construction related services will be provided prior to awarding the project. Please contact me if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer H:\ORNO\2017 New Projects\Fee Estimate - 2017 Sewer Improvements.docx BoLton & Menk is an OBOLTON & MENK Real People. Real Solutions. December 5, 2016 City of Orono Attn: Adam Edwards P.O. Box 66 Orono, MN 55323 RE: Willow Drive Trail Maintenance Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and fee estimate for design and bidding for maintenance work on the trail adjacent to Willow Drive. It is our understanding that the scope of work will include removing and replacing settled trail sections, removing and replacing severely cracked trail sections and fog sealing. Proposed Scope of Engineering Services To assist the City with this improvement project, Bolton & Menk proposes the following scope of services: • Identify areas for removal and replacement with assistance from City Staff • Measure quantities and prepare project cost estimates • Prepare project specifications with location maps and typical sections • Advertise for competitive bids and administer the bidding process • Make award recommendations Fee Estimate Based on the scope of services described above, we propose a total not -to -exceed fee of $5,500 to be billed on an hourly basis. Once the Construction Contract is awarded, Bolton & Menk will prepare a separate scope and fee estimate for construction phase services. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer H:\ORNO\2017 New Projects\Fee Estimate - Willow Drive Trail Maintenance.docx Bolton & Menk is an REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO.: 6 Department Approval: Administrator Reviewed: Agenda Section: Name: D.J. Goman Y"-4 Public Works Department Title: Public Works Supervisor �£ Item Description: Procurement to Replace Tractor (351) and Toro Broom (352) 1. Purpose. The purpose of this request is to gain Council approval for the replacement of the 1985 John Deere Tractor #351 and 1991 Toro Lawnmower and Broom #352 with a 2017 John Deere Model 3046R Utility Tractor including front mounted broom, mid mount mower and 2 stage snow blower. 2. Background. Tractor #351 is a 1985 John Deere Model 755 that has been in service for 31 years. The tractor had been used for various work related tasks which include mowing parks, trails and Big Island as well as jockeying equipment around in the PW facility. The Toro#351 is a 1991 Model ground master that has been in service for 25 years. The Toro has been used for various work related tasks which include mowing, both parks, trails, snow removal of sidewalks and ice rinks With consideration to the age and strain placed upon the equipment it is no longer cost effective to continue to make repairs and parts are becoming difficult to find. 3. Analysis. The Public Works Department researched several different options which included different attachments and brands. After careful consideration and testing drives on our sidewalks and trails we found the most important factors were turning radius, visibility, maintenance, horse power and quality. John Deere provided the best in all categories. The goal is to try to reduce the amount of equipment (engines) we currently have that sit idle for part of the year. 4. Cost. Staff Solicited quotes from three vendors. Results are listed below. Minnesota equipment provided the lowest quote at $42,635.10. Unit Company Cost John Deere Minnesota Equipment (Ro ers) $ 42,635.10 Frontier Ag & Turf $ 43,723.28 Minnesota Equipment (Long Lake) Declined to quote 5. Recommendation. The Public Works Department recommends accepting the Quote from Minnesota Equipment for the amount of $42,635.10. Public works has received good maintenance service from Minnesota Equipment. 6. Funding. Funding will be provided from the Improvement Equipment Outlay Fund. COUNCIL ACTION REQUESTED: Approve replacement of 1985 John Deere Tractor #351 and 1991 Toro Lawnmower and Broom #352 with a 2017 John Deere Model 3046R Utility Tractor including front mounted broom, mid mount mower and 2 stage Snow Blower by Minnesota Equipment for $42,635.10. REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 7 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: Lurton Off Leash Park Fence — Pay Request #2 - Final List of Exhibits A. Fence Invoice 1. Purpose. The purpose of this item is to gain Council approval for the payment of the attached invoice for the construction of the Lurton Off Leash Park fence. 2. Background. On August 22, 2016 the Council approved the proposal for installation of fencing by Northern Specialties, Inc in the amount of $79,754.00. 3. Cost. Who Work Approved This Pay Total to Cost Request Date Northern Specialties, Inc. Fence and Gate $ 79,754.00 $ 46,914.00 $ 79,754.00 Construction 4. Funding. The project is funded from the Park Fund. 5. Status. The fencing is complete and the well should be installed in the next couple weeks. Trail Improvements will continue throughout the winter. Final installation of shade sails and tables will be completed in the spring. The park will be officially open on January 1", 2017. COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 2 to Northern Specialties, Inc in the amount of $ 46,914.00. Northern Specialties, Inc. P.O. Box 55 Loretto, MN 55357 (763)498-6660 Office (763)498-6601 Fax northernspecialties@gmail.com Bill To: City of Orono Attn: Mr. Adam Edwards DESCRIPTION INSTALL FENCING FOR SUSAN LURTON DOG PARK. $ 79,754.00 TOTAL ESTIMATE $-32,840.00 DRAW RECEIVED $ 46,914.00 BALANCE DUE THANK YOU! VINCE VELCH 612-889-9898 Invoice Invoice #: 00065483 Date: 11/28/16 AMOUNT $46,914.00 Purchase Order #: Sales Tax: $0.00 Total Amount: $46,914.00 Terms: Net 15 Amount Applied: $0.00 Balance Due: $46,914.00 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Adam Edwards Y"-4 Title Public Works Director/City Engineer DATE: December 12, 2016 ITEM NO: 8 Agenda Section: Public Works Director/ City Engineer's Report Item Description: Watertown Rd and Stubbs Bay Rd Rehabilitation — Pay Request No. 4 -FINAL CORRECTED List of Exhibits A- Recommendation Letter from Bolton & Menk B- Contractor's Pay Request No. 4 -CORRECTED 1. Purpose. Gain Council authorization for Pay Request #4 Corrected for the Watertown Road and Stubbs Bay Road Rehabilitation 2. Background. On May 11, 2015 the City awarded the contract for the road rehabilitation project to Bituminous Roadways. Construction began on June 5, 2015. Work is now complete. After the pay request #4 was approved by the Council for $31,669.63, the contractor notified us that some of the landscaping subcontractor quantities were incorrect. After reviewing the claims with the contractor Bolton and Menk concurred that an additional $11,793.20 was due to the contractor for a total of $43,462.83 (see exhibits A&B). Cost. The Cost for the project is broken down as listed below: Who Work Approved Cost This Pay Request Total to Date Bolton &Meek, Inc Design and Bid Engineering $124,630.00 --------- $ 124,630.00 Bituminous Roadways Construction $686,481.30 $43,462.83 $ 610,985.86 Bolton &Menk, Inc Construction Oversight $69,100.00 $ 69,100.00 TOTAL $880,211.30 $43,462.83 $ 804,715.86 4. Funding. This project is funded from MSA, the General fund and the Storm Water fund. Fund Total Est. End of Year Fund Balance State Aid $569,915.90 $ 332,896 Pavement Management $211,196.74 --------- Storm Water Fund $23,603.22 $ 1,413,358 Total $804,715.86 5. Status. The project is complete. COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 4 -FINAL Corrected to Bituminous Roadways in the amount of $43,462.83 for the Watertown Road and Stubbs Bay Road Rehabilitation project. B+D L_TaN 8L NA IE N K Consulting Engineers & Surveyors V, 2638 Shadow Lente, Suite 200 a Chaska. MN 55318-1172 Phone (W) 448-883$ ■ Fax (952) 448-6805 www.boftan-msnk.00m November 21, 2016 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, .MN 55356 RE: Watertown Road & Stubbs Bay Road Rehabilitation Dear Adam: I N+=® Back in July, Pay Request No. 4 — Final, in the amount of $31,669.63 was submitted to the. City for approval. Shortly after the City approved the payment, I was notified by the Contractor that there were some quantities for work completed by subcontractors that needed review. In l expo se to the Contractors request, we leave reviewed our records and made field verifications that support the adjustments to the final, quantifies for storm sewer and restoration improvements. Based on our review, we recommend final payment in the amount of $43,462.83. With the final payment, the construction cost for the completed project is $610,985.86, which is approximateIy $75,485 under the original contract amount. Cost splits for the final construction costs are as follows: State Aid $432,712.43 City (General Fund) $160,352.53 Cb C&tQm Sewer Fgnd $17S20.90 Total $610,985.86 We have reviewed the estimate, verified the quantities, and recommend payment in the amount of $43,462.83. Please contact me if you have any questions or need additional information. Sincerely, BOLTON & IIENK, INC. ? David P. Martini Principal Engineer HAORN=1310933511 CoffaMC To Otheift RegnwNo 4 -Final Reuised.doe DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer CONTRACTOR'S PAY REQMT NO. a. M& WATERTOWN ROAD S STU13t39 BAY ROAD RENAS. CITY OF ORONO MIR PROJECTNO. cl&IOG3e6 TOTAL AMOUNT BID PLUS APPROVED EXTRA WORK.'...--- . ......... . .. i 686.48190 TOTAL, COIIlPLMD WORK TO DATE..........................u.................u................._..........r.N.-y.. S G1gt .66 OTAL. STORED MATERIALS TO DATE .. .............. ......w...,......... .... ............ ...................... ...... 3 DEDUCTION FOR STORED MATERIALS USED rN WORK COAL,PLEfED..._....... .......... ._.......... i TOTAL, COMPLETED WORK & SSD MATERIALS......... ................. —................. ,.........,..., i RETAINED PORCENTADE ( C%) ..... .. ........... ........... ................ .................... ......... ....,, i TOTAL AMOUNT OF OTHM DEDUCFIONS............ .................................................... b NET AMOLW 0M TO CONTRAMR TO DATE .................... ............. ................. .......... _...... 1 i 010,9tL5r66 TOTAL AMOUNT PAID ON PREV!" ESTIMATES ............ ..................... .... $ 667.8x8.03 PAY WNTRACTORAS ESTIMATE NO. 4- FINPL ................... ....... . . ...................... i 4 81.63 3,4 Cel for Plml Paymenl I hm" cartlfY 616. to the beat of my Imowledpe and b0gr. elt Meme 4uan6lea and pricm of work and mnts"M ahaesr an thls EWrnate are c"M end Meat a0l work hm been perkrnrd 6e lA accaedance vAlb the tame errd omvfdlare of Do Contract Icor ft projwt bobww Ors Olnnerena the rwWoralpned Caniraalor, end an Wroahled byany wi ltro►iaed snd Itr®t tare lnmegobap k a 4c� and COrf ECt atblmrrent of the anroetnt far Ore RnM Esdroals, Mot ft p wkkwm of M. S. 2X02 have been compled w1h and mal all clams agalnet me by meow or the CoFAmd have been palet or smdm%0A* saaurod. Contractor WTUAENOUS ROADWAYS, INC. 18W OOIMJROE DRW MENDCRA HEIGHTS, INN 5512p t BIr a -n i c_ r` Name Two / Dale Li CHECKED AND APPROVED AS TO DUANTIIIES AND AMOUNT. BOLTON 8 MEW, INC.. ENMNWPI 208 SHADOW LN. SLTfE M, CHASKA MN 66816 By ,CONSULTANT CITY EIYOIPEEIt DAVID P. MARTINI. F.E. Dete If /2 /I Q APPROVED FOR PAYME14T: ONW. CrrY OF ORONO, LV4NEBOTA By, Name Tote Vate 6 SEE �EEE6EE�E�E�6E m1prIMP 66666666 Mcc000c REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 9 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards Y"-/- Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: 2016 Road Maintenance (Hunter and Tamarack) -Pay Request 1- Final List of Exhibits A. BMI Letter, November 30, 2016 B. Invoice 1. Purpose. The purpose of this action item is to gain Council approval of payment for the Hunter and Tamarack Drives maintenance project. 2. Background At the April 25' Work Session the Council indicated a desire to address maintenance issues on Hunter and Tamarack Roads during the 2016 Construction Season. At the May 23' Council meeting the Council approved the design and authorized the solicitation of Bids. On June 12t' Council awarded the contract to Omann Brothers. 3. Scope of Work. a. Tamarack included reclamation work in the low portion of the road with a new 4" surface. The remainder of the road was resurfaced with a 2" mill and overlay. b. Hunter Drive included resurfacing with a 2" mill and overlay. The most distressed portions of the road were patched before paving. 4. Cost. The construction cost brake down for the nroiect is in the table below. Who Work Approved This Pay Total To Cost Request Date Bolton Design and Bid Engineering $ 16,500 $ 9,153.00 &Meek, Inc Construction Oversight Oman Reclamation and resurfacing of $ 109,756.06 $109,789.51 $109,789.51 Brothers Hunter Drive and Tamarack Drive TOTAL 1 $ 126,256.06 $ 118,942.51 5. Funding. The project is funded from the Pavement Fund Fund Total CIP Estimate Est. End of Year Fund Balance Pavement Fund $ $ 126,256.06 $ 156,926 $357,896 Total $ $ 126,256.06 COUNCIL ACTION REQUESTED: Move to approve payment in the amount of $109,789.51 to Omann Brothers for the maintenance project on Hunter and Tamarack Drives. QBOLTON & MENK Real People. Real Solutions. November 30, 2016 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: 2016 Mill and Overlay Project Project No.: 111839 Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952)448-8838 Fax: 19521448-8805 Bolton-Menk.com Enclosed is Pay Request No. 1 Final for the 2016 Mill and Overlay Project. We have reviewed the work, verified the quantities, and recommend payment to Omann Contracting Companies, Inc. in the amount of $109,789.51. Please let me know if you have questions or need additional information. Sincerely, Balton & Menk, Inc. T T�& David P. Martini, P.E. Principal Engineer H:\0RN0\C13111H39\i_Corres\C_Ta Others\Pay Request Na, l - Final.doa Dot ton E. Rienk is 5,n C-quI! W—purturii'iY t=at ptoy'r d' CONTRACTOR'S PAY REQUEST NO. 1 - FINAL 2016 MILL AND OVERLAY PROJECT CITY OF ORONO BMI PROJECT NO. 013.111839 TOTAL AMOUNT BID PLUS APPROVED EXTRA WORK................... .......................... ....... ................... $109,756.06 TOTAL. COMPLETED WORK TO DATE....................................................................................................$ 109.789.51 TOTAL, STORED MATERIALS TO DATE.................................................................................................. $ - DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ............................................. $ - TOTAL, COMPLETED WORK & STORED MATERIALS... ............................................ ........................... $ - RETAINED PERCENTAGE ( 0%).......................................................................................... $ - TOTAL AMOUNT OF OTHER DEDUCTIONS.................................................................................. $ - NET AMOUNT DUE TO CONTRACTOR TO DATE...................................................................................$ 109,789.51 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES......................................................................... $ - PAY CONTRACTOR AS ESTIMATE NO. 1-FINAL...........................................................$ 109,789.51 Certificate for Final Payment 1 hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Esti male are correct and that all work has been performed In full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing Is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or saesfaclony secured. Contractor: OMANN CONTRACTING COMPANIES, INC. 6551 LA BEAUX AVENUE NE ALBERTVILLE, MN 553111— By 53 By r�TIJ� Name e Date It — Z1" — CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By —1>--Q R f4& , CONSULTANT CITY ENGINEER DAVID P. MARTINI, P.E. Date 10/25/2016 APPROVED FOR PAYMENT: Owner: CITY OF ORONO, MINNESOTA By Name Title Date O Z FF W Q n p O U)aye LU z o a o Iz Qw J J � 77Od a Mai O O 0 -SSG O p H O W! O O Y l 0 m O m m N m p N m ' m V V U O V O o N N h O f F O C O m � V A fG r m A m' � � 2H J m V V l p N O m l l O A V A m A N m O ra Q d 0 """00000" ... H H H H w H w H H w w w w w w w r F 0 O m 0p00ry0 Oo(opmm Hm O�op NVHmO m ommm o�p0p0 NHGNi0 W NIAO AOOO H r N d m n Z J 00 0-2 ¢a U awnw--HHHHHww-w----------www w a arz a J d rO oomoo000N O O O m O m O O O m O O 0 VI 00 H Yl N o N O N G 00 N O ri OI o 0 O N N o o N O W m o N m H O CI m a H o N O G o oo m O O m O OJN ONONNNN�NOn 1� YINOT rC NNNmN lV Oi m N O m O0i V fV O1 (mO (V lmO IY A m 2 m Y A N N m m N VN N N N O 6 H H 0"000000" w---- H-------- H H N Oomno O O m Ip N m m OIp N O IAN m N OOOON N O H m m m- Hmyy m pp OON m Ol a Z U N m IZ m o o� m N Cl m IO OI O d Cs CI r- < N 1� IG OO G W m {1�0 G Jam wHwwHFw wwwpw rLLQJQN�Uq d}>LL�U}UQTT pww-pw L ZTLL Fw-F-pp-www-p-wpwFwF- L LLTUQQ )!!! z>LLLL Zd W1VI WOOZZgW oaz000zzo tld D6DON7? EJ J¢ Z Z O O H O O O m m N N N No N R yy�� N V N pp g O O n my� m N p O E2 a d A N N m m p m m N m m m CI N 0 m J U w 17 w ED a z U aU IW RO F w o m� 226 Gl m� C QQ W N b> N G N mX W W (�NO KW mb �N>> 2 NO Q wK wU-O wNd rc� c Ew a pa�fmW 0ywN xN Fz �iW ZzxNmo OOwmJ ?:K OZ `WUNms))x omwJIllOw 2 ONm UN w JJ Jow J d 052Z�mwmm w U 0 ZNZUWmU Ow mU w OJ a. uQKr'Oa. mOz�f 2x(7W�m2mw ow W yzz �a�n Ex UZWJJ aa 3:zzWwtaywo o7 NzrcZ Z o¢� gwzwot � ZJZNow z J U mmmZti-x zpa `Wr m ow HZa mOJ_ >mm0 WJ Walwnz p- m 'mmwmm jj>am O QQK{yyWp o;Wm J ay O pmJaO �¢ fW N KNwW � 91a ¢r aa > u�m2 ``i <J 7ww ONf W Z N- V m m A m m O N w V m m A m m N N N N NNN N REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO.: 10 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards Y"J� Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: 2017 Park Maintenance Contract with Sentence to Serve (STS) Exhibit A. STS Contract for 2017 1. Purpose. The purpose of this action is to gain Council approval to enter into a contract with Hennepin County Sentence to Serve (STS) for park maintenance. 2. Background. The STS program provides individuals sentenced to community service to support the maintenance needs of the municipalities in Hennepin County. To establish a regular service the program requires municipalities to offset some of the expense of the program and enter into a contract. The 2017 rate is $356.80 per day per crew. A crew is a correctional officer with 6-10 STS members. The City used STS last year to perform maintenance activities at our parks and facilities such as debris removal and Buckthorn removal. 3. Recommendation. I recommend renewing our contract with STS for up to 19 crew days of work in 2017. The contract is a not to exceed $6,779.20. This would provide a cost effective method to complete some of the labor intensive maintenance operations in our parks and facilities. 4. Funding. The contract is funded out of the parks operating budget. COUNCIL ACTION REQUESTED: Motion to approve the attached contract with Hennepin County Sentence to Serve for park maintenance not to exceed $6,779.20. Contract No. A165745 SENTENCING TO SERVICE PROGRAM SERVICES AGREEMENT WITH THE CITY OF ORONO This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY'), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 ("DEPARTMENT"), and the CITY OF ORONO, 2750 Kelley Parkway Orono, MN 55356 ("CITY'). WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program) which offers offenders an opportunity to learn landscape maintenance and other marketable skills; and WHEREAS, the CITY wishes to purchase the services of the STS Program; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THIS AGREEMENT This Agreement shall be in effect from January 1, 2017 through December 31, 2017, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Six Thousand Seven Hundred Seventy -Nine Dollars and Twenty Cents ($6,779.20). 2. SERVICES TO BE PROVIDED The CITY wishes to utilize the services of the STS Program participants to perform labor for intensive park and facility maintenance (the "Work"). The specific services to be performed are more thoroughly described in Exhibit A, attached hereto and incorporated herein by reference. 3. RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT agrees to the following with respect to the Work requested: A. Provide nineteen work crews, as requested by CITY at a rate of Three Hundred Fifty -Six Dollars and Eighty Cents ($356.80) for the period January 1, 2017 through December 31, 2017, for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of an average of six (6) participants per day. B. Provide COUNTY employed crew leader who will be responsible for the transportation, instruction, and supervision of the STS Program work crew. C. Provide required personal safety equipment and clothing needed for specific work. (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 1 of 6 Contract No. A165745 D. Provide basic landscaping tools and equipment needed for specific work. E. Train each STS Program work crew in necessary safety principles and techniques. F. Provide quarterly reports to the CITY that show the number of days worked and total hours of service received. G. Assume all medical liability for the STS Program participants. 4. RESPONSIBILITIES OF THE CITY The CITY agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all work and coordinate material purchases and delivery for projects to be performed. 5. COST AND PAYMENT FOR SERVICES A. The CITY shall pay the COUNTY a rate of Three Hundred Fifty -Six Dollars and Eighty Cents per crew, per day, with an annual cost not to exceed Six Thousand Seven Hundred Seventy -Nine Dollars and Twenty Cents ($6,779.20) for the services described in this Agreement. B. The COUNTY shall bill the CITY for all applicable taxes. C. Payment for services performed by the COUNTY shall be paid by the CITY within thirty (30) days from the date of invoice. The COUNTY will invoice for services at the end of each calendar quarter. 6. INDEPENDENT CONTRACTOR Nothing is intended or should be construed as creating or establishing the relationship of co- partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent contractor for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. 7. INDEMNIFICATION Each party agrees that it will be responsible and agrees to defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees for its own errors, acts, and omissions and the results thereof to the extent authorized by the law and shall not be responsible for the errors, acts, and omissions of the other party and the results thereof. Notwithstanding anything to the contrary in this Section 7, the COUNTY shall have no liability to the CITY for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages (including without limitation loss of profit, revenue, (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 2 of 6 Contract No. A165745 business opportunity, or business advantage), whether based upon a claim or action of tort, contract, warranty, negligence, strict liability, contribution, or any other legal theory or cause of action. Each party's liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. 8. DATA PRACTICES Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy and confidentiality. 9. SUBCONTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, without the prior written consent of the other party. 10. MERGER AND MODIFICATION A. 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. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. 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. 11. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the CITY to comply with the terms of this Agreement shall be just cause for the COUNTY to immediately cease providing services under this Agreement until the CITY's compliance. B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule, and/or equity. C. Either party's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of this Agreement. D. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 12. CONTRACT ADMINISTRATION (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 3 of 6 Contract No. A165745 In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so as to accomplish the purposes of this Agreement, Logan Futterer, Hennepin County Department of Community Corrections & Rehabilitation, Community Offender Management Division, 3000 North Second Street, Minneapolis, Minnesota 55411, or his successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. CITY Project Contact: David Goman Parks Supervisor City of Orono 2750 Kelley Parkway Orono, MN 55356 Office: (952)249-4670 Email: dyoman(o)ci.orono.mn.us CITY Billing Contact: Adam Edwards Director of Public Works City of Orono 2750 Kelley Parkway Orono, MN 55356 Office: (952) 249-4661 Email: aedwards(o-)ci.orono.mn.us 13. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of this Agreement. 14. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 4 of 6 COUNTY BOARD AUTHORIZATION Reviewed by the County COUNTY OF HENNEPIN Attorney's Office STATE OF MINNESOTA Date: By: Chair of Its County Board Date: Contract No. A165745 ATTEST: Deputy/Clerk of County Board Date: And: Date: Assistant/Deputy/County Administrator CITY OF ORONO The CITY warrants that the person who executed this Agreement is authorized to do so as required by applicable articles, bylaws, resolutions, or ordinances.* By: Its: Date: And: Its: Date: *The CITY shall submit applicable documentation (articles, bylaws, resolutions, or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the same time this Agreement is returned to the COUNTY. (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 5 of 6 Contract No. A165745 EXHIBIT A: SERVICES TO BE PROVIDED City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Description of Work to be Performed % Non- % Taxable Taxable Park and Facility Maintenance Services Total 100% Hennepin County provides certain services that are taxable in the State of Minnesota. Appropriate sales tax will be charged for all taxable services provided. Please consult the Minnesota Department of Revenue Sales & Use Tax guides (available at http://taxes.state.mn.us) for information on taxability of specific services. (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 6 of 6 REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards Y"-/- Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Supervisory Control and Data Acquisition (SCADA) Upgrade List of Exhibits A. Bolton & Menk SCADA Report. 1. Purpose. The purpose of this action item is to gain Council approval for the SCADA upgrade proposal. 2. Background. The City of Orono operates water and wastewater utilities that serve the City residents with vital services. To monitor and control these systems the City relies on a couple SCADA systems: Rockwell Automation FT View for the water system and 3 Sanitary Lift Stations and Mission Alarms for 9 Lift Stations. The City currently has a SCADA system that was constructed as part of projects in 1998 and 2002. In the last few years, the City has started a multi-year program of upgrading lift stations. When a station is upgraded, it receives a new lift station control panel with "Mission" cellular alarm monitoring system. The Mission alarm monitoring has been effective and reliable in alerting the City to lift station problems. The water SCADA system has become cumbersome due to changes in computer operating systems. The software that was developed for the original project is difficult for the operators to use, and does not include many of the enhancements that are available from current products. The older computer software is no longer supportable, and can only stay in service as long as the City continues to run the Windows XP operating system that resides on the SCADA computer. In December 2015 the Council authorized Bolton and Menk to conduct a study of the system and make recommendation for upgrades. 3. Scope of Work. Based on the study and staff experience, staff developed 5 SCADA upgrade projects: Utility Project Description Water 1 Upgrade SCADA Replace two computers new desktop PCs with new Computers and Software SCADA software. One of the new PCs should also include a new version of WIN911 alarm dialing software. 2 Improve SCADA Replace the current radio system with an internet/cellular Communications network. 3 Upgrade North well Replace the existing SCADA panel at Well house 3 with house SCADA Panel an updated Programmable Logic Controller (PLC) capable of monitoring of the new chemical feed equipment and well 4. 4 Upgrade Navarre Water Upgrade the Navarre Plant control system PLC within the Plant Controls next five years. Existing PLC is in its final few years of being supported. Sewer 5 Upgrade/ Standardize Equip each lift station that requires remote monitoring Lift Station Alarm would receive a Mission M800 device. System 4. 2016 Projects Cost. For 2016 the City solicited proposals for Projects 1, 2 and 5. In addition one of the contractors, In -control, provided an alternate proposal including Projects 1, 2 & 3 for $29,900. a. Projects 1 and 2. Upgrade SCADA Computers and Software and Improve SCADA Communications. Contractor Proposal In -Control $19,900 Automatic Systems $29,804 Quality Flow $47,960 b. Project 5. Upgrade/ Standardize Lift Station Alarm System. For 2016 we would install 20 each M800 alarms. Contractor Proposal Cost for 20 Lift Stations Automatic Systems None received Quality Flow $2,500 per Lift Station $ 50,000 Funding. The project will be funded from the Water and Sewer Fund. Fund Total CIP Estimate Est. EOY Fund Balance Water Fund $ 29,900 $ 35,000 $ 421,090 Sewer Fund $ 50,000 $ 84,500 $ 1,704,972 Total $ 79,000 7. Staff Recommendation. Staff recommends approving the In -Control Proposal for the Water system SCADA upgrades for $29,900 and approval of Quality Flow for installation of M800 monitors on 20 Lift Stations. COUNCIL ACTION REQUESTED: 1. Move to approve the proposal from In -Control for $29,900 to upgrade the SCADA hardware, Software, Communications and upgrade the North Well House Control Panel. 2. Move to approve the proposal from Quality Flow for $ 2,500 per Lift Station to install M800 monitors on 20 lift stations. Orono, Minnesota Supervisory Control and Data Acquisition (SCADA) System for Water/Wastewater Systems August 22, 2016 Backeround and Purpose: The City of Orono operates water and wastewater utilities that serve the City residents with vital services. The water system includes supply wells, water treatment, pumping, elevated storage, and distribution systems. The wastewater system includes collection, pump stations and forcemains. The wastewater is conveyed to further collection, pumping and treatment facilities operated by Metropolitan Council Environmental Services (MCES). The City currently has a SCADA system that was constructed as part of projects in 1998 and 2002. The system consists of Allen-Bradley programmable logic controllers (PLCs) located at the following water sites: • Highway 12 Water Treatment Plant (Wellhouse No. 3) • Navarre Water Treatment Plant • Elevated Storage Tank No. 2 The system was also constructed with computers at the following locations: • Navarre Water Treatment Plant • Public Works Building Communication is provided between the above sites using 900MHz spread -spectrum radios. One exception is the communication link between the Highway 12 Water Treatment Plant (Wellhouse No. 3) and Elevated Storage Tank No. 2, which operates in a 450MHz licensed frequency. The computers were originally furnished with Rockwell (Allen-Bradley) "RSView 32" SCADA software. The SCADA software provides a graphic interface showing process conditions, alarms and historic trending. The computer hardware and software products were of good quality when they were installed 14-18 years ago, but advances in computer operating systems and numerous SCADA software revisions have left the existing system obsolete. The Allen-Bradley PLCs that were installed in the original projects Page 1 of 18 are still supported, although Allen-Bradley is no longer offering enhancements to these models, and is focused on newer product lines. The computers also include an older version of "WIN911" alarm dialing software. The WIN911 software provides computer-generated voice alarms for alerting operators to alarm conditions. This software has also become obsolete, and voice messages are often garbled. The City currently operates 46 lift stations. Monitoring of ten (10) critical lift stations was included in the original SCADA system: • Lift Station No. 1— Shoreline Drive • Lift Station No. 2 — Spates Avenue • Lift Station No. 5 — Westlake Street • Lift Station No. 6 — Casco Point Road • Lift Station No. 9 — Bohns Point Road • Lift Station No. 14 —Orchard Beach Place • Lift Station No. 18 — Cherry Place • Lift Station No. 21— Forest Lake Drive • Lift Station No. 26 — Tonkawa Road • Lift Station No. 28 — Park Lane Each of the above stations was outfitted with a small Allen-Bradley PLC, and communicated to the Navarre Water Treatment plant using radios operating in a 450MHz licensed frequency. The system has been plagued by radio signal issues, and has been unreliable. Other stations that were not monitored by the radio SCADA system have local alarm lights and/or automatic telephone dialers connected to standard telephone services. In the last few years, the City has started a multi-year program of upgrading lift stations. When a station is upgraded, it receives a new lift station control panel with Quality Controls & Integration "1500ct" controller and "Mission" cellular alarm monitoring system. The Mission alarm monitoring has been effective and reliable in alerting the City to lift station problems, although it does not provide "real- time" monitoring and data collection that could be used for trending and predictive maintenance. Overall, the water SCADA system has become cumbersome due to changes in computer operating systems. The software that was developed for the original project is difficult for the operators to use, Page 2 of 18 and does not include many of the enhancements that are available from current products. The older computer software is no longer supportable, and can only stay in service as long as the City continues to run the Windows XP operating system that resides on the SCADA computer. The City of Orono has an agreement with the neighboring City of Spring Park, whereby the two cities share after-hours monitoring duty and alarm response. The City of Spring Park has recently upgraded their SCADA computer and software to "Wonderware" product. Proposed upgrades to the Orono SCADA system will need to be compatible with the Spring Park installation. The City commissioned this report to review the existing hardware and software systems, review options for upgrades, and provide a summary of project alternatives, costs and recommendations for moving forward in a phased multi-year approach to upgrading the City's SCADA systems. Page 3 of 18 Existing Conditions — Well No. 3: Well No. 3 includes a line -shaft well pump, chemical feed systems and a local control panel with Allen- Bradley "MicroLogix 1000" PLC. Well No. 3 PLC Control Panel Recent improvements at the Wellhouse include new chemical feed equipment with provisions for enhanced SCADA monitoring and control. The chemical feed systems have not yet been wired into the SCADA system. In addition, the City is in the process of adding another well (Well No. 4) at this site. Additional SCADA monitoring and control will need to be added for Well No. 4. The existing SCADA panel and PLC do not have capacity for the addition of SCADA monitoring for the new chemical feed systems and new well. Page 4 of 18 Existing Conditions — Navarre Water Treatment Plant: The Navarre Water Treatment Plant includes a line -shaft well pump, gravity filters, softening, chemical feed systems, and a local control panel with Allen-Bradley "SLC' PLC. The SLC processor uses Ethernet communication. The local control system has been working well, and is compatible with current SCADA software platforms, The SLC -based system is also expandable, and can handle the current site monitoring and control needs, while including the ability for future added signals. SLC PLC at Navarre WTP Navarre WTP Control Panel Front Door Page 5 of 18 No A *1 ■ Typical New Lift Station Panels: New control panels have been installed at several lift stations. The panels have been provided by Quality Controls and Integration (QCI), and include a QCI "1500ct" pump controller. The pump controller provides level setpoint control of the pumps, automatic pump alternation, and several other features typically found in a duplex pump station. The 1500ct controller is also capable of SCADA communication. The City is in the process of systematically replacing old lift station controls with the new QCI panels. The City has 46 lift stations, and this process will take several years. New Lift Station Control Panel with QCI Controller Page 6 of 18 Recommendations and Cost Estimates — Water System: Recommendations are given below to bring the system up to current technology and to provide enhanced features. The recommendations are based on newer operating installations at many other Minnesota municipalities. These recommendations are also based on hardware and software products that have proven to be reliable at other installations, and have significant market share. Products with large market share have more "momentum" and lower chance of obsolescence, resulting in a longer project life -cycle. The following recommendations are also intended to meet the City's goal of budgeting for a multi-year project. The recommendations are given in order of importance. Recommended Proiect No. 1— UDearade Wellhouse 3 SCADA: Wellhouse 3 has recently received new chemical storage and feed equipment, and is receiving new submersible Well 4. This site may also receive a new generator and transfer switch in the future. The existing SCADA panel at Wellhouse 3 is obsolete and cannot be expanded to include control and monitoring of the new chemical feed equipment or well 4. A new, larger PLC -based panel is recommended. An Allen-Bradley (Rockwell Automation) "CompactLogix" PLC is the current product recommendation. The new panel should include added inputs/outputs for all of the site equipment, plus space/spares for known future equipment. Estimated project costs are provided below: RECOMMENDED PROJECT NO. 1 - UPGRADE WELLHOUSE 3 SCADA q Description Unit Each Quantity Extension 1 Mobilization LS $ 2,000.00 1 $ 2,000.00 2 Shop drawings, technical submittals LS $ 6,000.00 1 $ 6,000.00 3 New PLC -based SCADA panel EA $ 30,000.00 1 $ 30,000.00 4 Temp. revisions to existing SCADA software (not required if coincident with Project 2) LS $ 6,000.00 1 $ 6,000.00 5 Startup, checkout services, test 1/0 LS $ 4,000.00 1 $ 4,000.00 6 Cable, conduit, installation LS $ 5,000.00 1 $ 5,000.00 7 Training and demonstration services I LS 1 $ 3,000.00 1 1 $ 3,000.00 SUBTOTAL $ 56,000.00 CONTINGENCY (2W.) $ 11,200.00 TOTAL CONSTRUCTION COST $ 67,200.00 N OTES: (1) City of Orono internal costs are not included. (2) Engineering, legal and administrative costs are not included. Page 7 of 18 Recommended Proiect No. 2 — Upgrade SCADA Computers and Software: The two existing computers should be replaced with new desktop PCs with new SCADA software. There are multiple vendors of SCADA software, but Wonderware is recommended in this case, for compatibility with the Spring Park system. One of the new PCs should also include a new version of WIN911 alarm dialing software. The SCADA and WIN911 software will need to be developed by a systems integrator organization. The software development will include new graphic screens that depict the water system processes, real-time and historic trending screens, alarm handling screens, event reporting, and development of period reports. Data storage, database management and reporting can range from simple Excel -based reports to complex SQL -based packages. Based on the City's current needs, our recommendation is to start with simpler Excel -based reporting. If more complex reporting is needed in the future, it can be added later. Estimated project costs are provided below: RECOMMENDED PROJECT NO. 2 - UPGRADE SCADA COMPUTERS AND SOFTWARE # Description Unit Each Quantity Extension 1 Mobilization LS $ 1,000.00 1 $ 1,000.00 2 Shop drawings, technical submittals LS $ 4,000.00 1 $ 4,000.00 3 Computer hardware(aIIowance) LS $ 12,000.00 1 $ 12,000.00 4 Computer software licenses (allowance) LS $ 22,000.00 1 $ 22,000.00 5 Integratorsoftware development, review meetings, submittals LS $ 35,000.00 1 $ 35,000.00 6 Install, checkout LS $ 4,000.00 1 $ 4,000.00 7 Training and demonstration services LS $ 3,000.00 1 1 $ 3,000.00 SUBTOTAL $ 81,000.00 CONTINGENCY (20%) $ 16,200.00 TOTAL CONSTRUCTION COST $ 97,200.00 N OTES: (1) City of Orono internal costs are not included. (2) Engineering, legal and administrative costs are not included. Page 8 of 18 Recommended Proiect No. 3 — Improve SCADA Communications The City has experienced some interruptions in communication with the existing radio -based system. This is typical in mature, hilly settings surrounding lakes where radio paths can be difficult. Seasonal variations (tree leafing, tree growth, etc.) can impact radio communication, so a system that is designed for certain radio paths can have later problems as the tree canopy grows. The City needs to avoid large antenna structures in residential areas for aesthetic reasons. Thus, improvements to the existing radio -based system may not be acceptable. A newer option that is currently in use in a few Minnesota municipalities is the development of a private cellular network. Verizon Wireless is currently providing these private network services to other Cities with systems of equal or larger size. The cellular communication usually does not require large towers or antennas, so it can be installed without major aesthetic concerns. Our recommendation is to pursue cellular communication as a project option, with the intent of making a final decision in the next year. The evaluation should be made considering the following: • Visit each potential site, measure Verizon signal strength at the panel or building location • Obtain price proposal from Verizon Wireless Network Services • Maintain a record of radio communication failure events on the existing system • Perform a cost/benefit analysis of converting from City -owned radio equipment to cellular network services. Depending on the selected alternative for sanitary lift station monitoring, the quantity of cellular sites could vary significantly. The following estimated project costs are based on converting four (4) water system sites from radio to cellular: Page 9 of 18 RECOMMENDED PROJECT NO. 3 - IMPROVE SCADA COMMUNICATIONS Capital Costs # Description Unit Each Quantity Extension # Description Unit 1,200.00 Each Quantity Extension 1 Mobilization LS $ 1,000.00 1 $ 1,000.00 2 Field signal strength survey LS $ 1,500.00 1 $ 1,500.00 3 Convert SCADA panel from radio to cellular EA $ 4,000.00 4 $ 16,000.00 4 Network setup costs (cellular provider) LS $ 1,500.00 1 $ 1,500.00 5 System integrator software, integration services LS $ 6,000.00 1 $ 6,000.00 6 Install, checkout LS 1 $ 2,000.00 1 $ 2,000.00 SUBTOTAL $ 28,000.00 CONTINGENCY (20•%) $ 5,600.00 TOTAL CONSTRUCTION COST $ 33,600.00 N CITES: (1) City of Orono internal costs are not included. (2) Engineering, legal and administrative costs are not included. Annual Operating Costs # Description Unit Each Quantity Extension 1 Monthly data/service charges (per station) x 12 months EA $ 300.00 4 $ 1,200.00 SUBTOTAL $ 1,200.00 CONTINGENCY (20.5) $ 240.00 TOTAL OPERATING COSTS $ 1,440.00 Page 10 of 18 Recommended Proiect No. 4 — Upgrade Navarre Water Plant Controls: The existing control panel at the Navarre Plant is based on an Allen-Bradley "SLC' platform. This equipment is still supportable, and currently uses Ethernet communication, so it is currently compatible with a new SCADA upgrade. However, the existing "SLC' PLC is considered an "Active Mature" device by Allen-Bradley, meaning that parts are still available, but the platform is in its final years of availability. It is recommended that the Navarre Plant control system receive a PLC upgrade within the next five (5) years. If there are proposed changes to the Plant process, then the PLC upgrade should coincide with the schedule of the process changes. Estimated project costs are provided below: RECOMMENDED PROJECT NO. 4 - UPGRADE NAVARRE WATER PLANT CONTROLS # Description Unit Each Quantity Extension 1 Mobilization LS $ 2,000.00 1 $ 2,000.00 2 Shop drawings, technical submittals LS $ 6,000.00 1 $ 6,000.00 3 Replace existing PLC with new (existing panel) EA $ 25,000.00 1 $ 25,000.00 4 Replace operator interface panel EA $ 6,000.00 1 $ 6,000.00 5 Startup, checkout services, test 1/0 LS $ 4,000.00 1 $ 4,000.00 6 ITraining and demonstration services I LS I $ 3,000.00 1 1 $ 3,000.00 SUBTOTAL $ 46,000.00 CONTINGENCY (20•`%) $ 9,200.00 TOTAL CONSTRUCTION COST $ 55,200.00 N OTES: (1) City of Orono internal costs are not included. (2) Engineering, legal and administrative costs are not included. Page 11 of 18 Recommendations and Cost Estimates — Sanitary Lift Stations: Three (3) basic concepts appear most viable for monitoring the sanitary lift stations. The concepts provide different levels of functionality and cost. Each concept is outlined below for comparison purposes: • Concept 'A'— Continue Deployment of Mission M110 Cellular Alarm System: Under this option, each lift station that requires remote monitoring would receive a Mission M110 device (these are currently in place in several stations). The Mission system is monitored via cellular communication, and will call the operator when alarm conditions occur. Estimated Per Station Capital Cost and Annual Operating Costs are provided below: CONCEPT'A' - MISSION M110 CELLULAR ALARM SYSTEM Capital Costs # Description Unit Each Quantity Extension # I Description Unit 347.00 Each Quantity Extension 1 Mobilization LS $ 1,000.00 1 $ 1,000.00 2 Mission M110 Unit, installed and wired EA $ 3,500.00 1 $ 3,500.00 3 Checkout LS $ 1,000.00 1 $ 1,000.00 SUBTOTAL $ 5,500.00 CONTINGENCY (205%) $ 1,100.00 TOTAL CONSTRUCTION COST $ 6,600.00 N OTES: (1) City of Orono internal costs are not included. (2) Engineering, legal and administrative costs are not included. Annual Operating Costs # Description Unit Each Quantity Extension 1 Monthly Mission charges (perstation) x 12 months EA $ 347.00 1 $ 347.00 SUBTOTAL $ 347.00 CONTINGENCY [20%) $ 69.40 TOTAL OPERATING COSTS $ 416.40 Page 12 of 18 • Concept V— DeDlov Mission M800 Cellular Monitoring Service with Web Access: Under this option, each lift station that requires remote monitoring would receive a Mission M800 device. The Mission device uploads information to a hosted webpage using cellular communication. City staff can monitor "real-time" status and alarm data via the hosted website. The system will also call the operator when an alarm condition occurs. Estimated Per Station Capital Cost and Annual Operating Costs are provided below: CONCEPT'B' - MISSION M800 CELLULAR ALARM SYSTEM Capital Costs # Description Unit Each Quantity Extension # I Description Unit 563.00 Each Quantity Extension 1 Mobilization LS $ 1,000.00 1 $ 1,000.00 2 Mission M800 Unit, installed and wired EA $ 5,500.00 1 $ 5,500.00 3 Checkout LS $ 1,000.00 1 $ 1,000.00 SUBTOTAL $ 7,500.00 CONTINGENCY (20%) $ 1,500.00 TOTAL CONSTRUCTION COST $ 9,000.00 NOTES: (1) City of Orono internal costs are not included. (2) Engineering, legal and administrative costs are not included. Annual Operating Costs # Description Unit Each Quantity Extension 1 Monthly Mission charges (per station) x 12 months EA $ 563.00 1 $ 563.00 SUBTOTAL $ 563.00 CONTINGENCY (20%) $ 112.60 TOTAL OPERATING COSTS $ 675.60 Page 13 of 18 • Conceot'C' — Convert to Private Cellular Network and Combine with Water SCADA Under this option, the Mission units would not be provided (or would be removed in the case of stations that already have Mission equipment). Instead, a cellular modem would be installed, with Ethernet communication to the existing Quality Control & Integration "1500ct" pump controllers in new panels. A new private cellular network would be obtained from Verizon Wireless (or competitor), to allow monitoring of the sanitary lift station from the City's water SCADA system. This option includes some overlap with the recommended water SCADA projects, and is predicated on recommended water system SCADA Projects No. 1 thru 3. Estimated Per Station Capital Cost and Annual Operating Costs are provided below: CONCEPT'C' - CONVERT TO PRIVATE CELLULAR NETWORK, COMBINE WITH WATER SCADA SYSTEM Capital Costs # Description Unit Each Quantity # Description Unit Each Quantity Extension 1 Mobilization LS $ 1,000.00 1 $ 1,000.00 2 Field signal strength survey LS $ 300.00 1 $ 300.00 3 Cellular modem, antenna, cables, installation and wiring EA $ 4,000.00 1 $ 4,000.00 4 Network setup costs (cellular provider) (THESE ARE COVERED IN THE INITIAL PROJECT) LS $ - 1 $ - S System integrator software, integration services LS $ 3,000.00 1 $ 3,000.00 6 Install, checkout I LS 1 $ 1,000.00 1 $ 1,000.00 SUBTOTAL $ 9,300.00 CONTINGENCY(200%) $ 1,860.00 TOTAL CONSTRUCTION COST $ 11,160.00 N OTES: (1) City of Orono internal costs are not included. (2) Engineering, legal and administrative costs are not included. Annual Operating Costs # Description Unit Each Quantity Extension 1 Monthly data/service charges (perstation) x 12 months EA $ 300.00 1 $ 300.00 SUBTOTAL $ 300.00 CONTINGENCY (20%) $ 60.00 TOTAL OPERATING COSTS $ 360.00 Page 14 of 18 SCADA System Graphics: Examples of recent water system SCADA graphic screens are provided on the following pages. These depict the level of detail and information that can typically be provided in a new water/wastewater SCADA system. 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H�It Waiting for Alarm Events___ Home Scroens History - - - ' 4113f1191S 5:10:33 AM_ Previous Q tatr _�0 Next ✓0 ♦ 0 ®0 JJ �J eec`.'n5nt©tsss ® m camrol, m� 'A)VBAsubroutine Upd—riientldleTsgs vn mmp—BRKCTR-CLI01 Cleai Clear_A,I,I. Page 18 of 18 ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: December 12, 2016 Item No: 12 Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok Y"-4 Public Safety Title: Police Chief Item Description: Disposal of Forfeited Vehicles DISCUSSION: The Police Department has three forfeited vehicles that are being sold. All vehicles were seized and forfeited by the Orono Police Department from drivers that had multiple violations for Driving While Intoxicated. The Police Department would recommend all vehicles be sent to an Auto Auction. 2006 Pontiac Montana 1998 Dodge Passenger Car 2004 Mercury Passenger Car COUNCIL ACTION REQUESTED: VIN# IGMDV33L66D238295 VIN# IB4HS28Y6WFI25347 VIN# 2MEFM74W64X622954 A motion to dispose of three forfeited vehicles. Vehicles to be auctioned through the Auto Auction. ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: December 12, 2016 Item No: 13 Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok Y"_4 Public Safety Title: Police Chief Item Description: Request to Hire Full -Time Police Officer DISCUSSION: An opening exists for a full-time police officer within the Orono Police Department. The open position was created with the resignation of Officer Paul Hooper. Hooper accepted a job with the Edina Police Department. Hooper's last day with Orono Police Department was October 14, 2016. At present, William Carstens has been working as part-time police officer with the department. Carstens has completed the field training program and is currently on solo patrol covering shifts as a part-time police officer. It is recommended that William Carstens be hired for the open position of Full -Time Police Officer. William Carstens was hired as a Part -Time Police Officer in April 2016. Carstens has been an excellent employee for the City of Orono and performs his duties as a police officer very well. Start date for the full-time police officer would be January 4, 2017. COUNCIL ACTION REQUESTED: Consider a motion to hire William Carstens as a Full -Time Police Officer, effective January 4, 2017. 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: December 8, 2016 Item No.: 14 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 as of 12/8/16 F — Draft Covenants as of 12/8/16 G — Septic System Agreement (Lots 4-5) as of 12/8/16 H — Council Minutes 9/12/16 I — Staff Memo dated 9/12/16 J — Cost Sharing & Maintenance Agreement (Bollis & Kintyre Two HOA) K — Comments from Tom & Susan Fleming, 300 Stubbs Bay Road North L — Tamarack Hill Approval Documents (August 2000) 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 and November 28 agendas just prior to the Council meetings 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 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 — see Exhibit G. - The road design has been revised to eliminate the "wobble" north of the existing cul-de-sac. #15-3763/16-3860 December 8, 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 in final draft form and will likely undergo only 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, which both abut Outlot A. The Developer initially 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 proposed 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 December 8, 2016 Page 3 As noted in the 9/8/16 memo, there are a number of reasons staff suggested that the back driveway should not become a permanent secondary access and should be abandoned: Parcels with frontage on more than one public road are allowed a driveway approach to only one public road per City ordinances. The code section that addresses this is Section 18-136(a), Residential driveways, approaches and turnaround, which states that "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." By virtue of applicant's 2/3 ownership of Outlot A, staff suggested that Lots 5 and 6 functionally would have access to Stubbs Bay Road as well as to Watertown Road via Kintyre Preserve Outlot A and Kintyre Lane. However, the Developer disputes this interpretation of the code, because Lots 5 and 6 do not have actual frontage on Stubbs Bay Road or Watertown Road. Under the developer's interpretation, no variance would be required. As platted, both Lots 5 and 6 abut Outlot A. If both Lots 5 and 6 gain access from the Outlot driveway, three homes will be using a shared driveway which triggers an upgrade of that driveway to private road standards (paved, and with a cul-de-sac) and as such it would be considered as a private road. The driveway access easements and covenants for the existing driveway (Doc. #7344461) contemplate permanent access for the existing home (on new Lot 5) without any upgrades to a private road standard, but state that if Lot 2 of Tamarack Hill (which is being divided to become Lots 5 and 6) is further subdivided, the Roadway "shall in all respects conform to the requirements of the City of Orono". The concept of an upgrade to serve a third or additional lots is supported by the language of the Tamarack Hill plat approval Resolution No. 4507 (August 2000) which notes that Outlot A would remain as a driveway until "additional right-of-way would be required". 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. The Fire Department should have to approve the back driveway for access for new construction for emergency accessibility. There is concern regarding the viability of the creek crossing at the east end of the back driveway. That crossing is fairly narrow. Permanent use of the back driveway for both Lots 5 and 6 suggests that Lots 5 and 6 must be treated as `through' lots. The Developer disputes this, noting the definition of "Through lot" is "a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this chapter." He argues that Lots 5 and 6 are not between "two substantially parallel streets" and should not be classified as through lots and should not be subject to the setback requirements for through lots. #15-3763/16-3860 December 8, 2016 Page 4 - The Developer's expressed 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 from the new cul-de-sac 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. (see Exhibit K) The Developer counters that as 2/3 owner of Outlot A, he should not have to give up all access through Outlot A simply because Lot 2 is being subdivided. Developer's Suggested Alternative The Developer has suggested an alternative compromise in order to not give up the right to access to Stubbs Bay Road. The alternative would be to establish covenants that allow only Lot 5 or Lot 6, but not both, to have a permanent secondary access to Outlot A. The Development Agreement in item 29-D addresses how this would be accommodated pending Council action on this access question. While this would alleviate the need to upgrade Outlot A, it could create other issues. Given the fact that both Lots 5 and 6 abut Outlot A and the existing driveway to Lot 5 directly abuts Lot 6, regardless of the existence of contractual prohibitions it is likely that both properties would make use of the driveway. This could create a potential problem for the City in that in the event of a violation, Fleming or a subsequent owner of 300 Stubbs Bay Road would most likely begin by demanding that the City take an enforcement action. The Developer has also indicated that while he intends to build a new home to live in on Lot 5 or Lot 6, at this time no decision has been made as to which lot. He would prefer that any covenants addressing permanent secondary access be transferable, which is also addressed in Development Contract item 29-D. Based on the above, staff would offer the following scenario with regard to temporary use of Outlot A during new home construction (or remodeling of the existing home on Lot 5): - 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. - 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. - 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. - Upon completion of those new driveways, all construction access to Lots 5 and 6 shall be via those new driveways, and a Certificate of Occupancy will not be issued for either home until covenants are in place limiting use of the back driveway to just one of the two lots. #15-3763/16-3860 December 8, 2016 Page 5 Based on the above discussion, it would appear there are three basic scenarios to consider for permanent use of Outlot A: Scenario 1. Both Lots 5 and 6 are allowed to use Outlot A as a permanent secondary access. Determine whether an upgrade of Outlot A to private road status is required; if so, this potentially requires changes to the plat of Kintyre Preserve. Scenario 2. Only one of the two new Lots is allowed to use Outlot A as a permanent secondary access. This requires establishment of covenants and perhaps other physical barriers to ensure compliance. Scenario 3. Neither of Lots 5 or 6 is allowed to use Outlot A as a permanent secondary access. If this is the case, then the driveway in Outlot A and the creek crossing should be eliminated and vegetation restored. Staff Recommendation Staff would recommend that temporary use of Outlot A be per the staff -recommended scenario described above. Staff recommends that Council review the various options for future (permanent) use of Tamarack Outlot A and make a decision on which to require. The Development Contract will be modified to reflect Council's action. Additional minor revisions to the Development Contract are anticipated. Staff recommends that the Council adopt the attached resolution, subject to the 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 temporary and permanent 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. 3. Motion to authorize Mayor and City Administrator to execute the Development Contract for Kintyre Preserve upon final approval by the City Attorney. CITY OF ORONO council RESOLUTION OF THE CITY COUNCIL Exhibit A NO. A RESOLUTION APPROVING THE PLAT OF KINTYRE PRESERVE - FILE #15-3763116-3860 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-4 121$/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. S. 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) Page 2 of 6 MPG V-4 12/8/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Plan G — Sheet 6 of 8: Buffer Averaging Plan (last dated 9/19/16) 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 — SWPPP — Sheet 1 of 1 {last dated 8/9/16) Plan K — Conservation Design Report and Management Program by Svoboda Ecological Resources (updated 9/19/16) Plan L — Tree Inventory and Preservation Plan — Sheets 1 & 2 of 2 (last dated 8/9/16) 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: 1. 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. Page 3 of 6 MPG V-4 12/8/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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. 5. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before June 12, 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 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 4 of 6 MPG V-4 1218116 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 112 of the Southeast 114 of Section 32, Township 118, Range 23 as follows: Beginning at the southwest comer of the Northwest 114 of the Southeast 1/4 of Section 32, Township 118, Range 23; thence East 13 1/3 rods; thence North 12 rods; thence West 13 113 rods; thence North 30 rods; thence East 80 rods to the East line of said Northwest 1/4 of the Southeast 114; thence South 42 rods; thence West to a point 14 1/3 rods east of point of beginning, thence South 1 rod; thence West 14 113 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-4 12/8/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. EXHIBIT B FINAL PLAT DRAWING (Attached on following page) Page 6 of 6 MPG V-4 1218116 KINTYRE PRESERVE KNOW ALL PERSONS BY THESE PRESENTS: TIM Chsismphn J. Dallis and G.iI -A. Dallas, husbard and with as joint tenams, fee owners gibefollowing deacribad propeny slanted In the Cowty ofHem,piv, SmaofMi-wa to wit. - Paw ofthe wenhalfof[he sowheaetgvaner aFScclivn 32. irnvnahip llR. Range 2Jmfolbwa: Beginning at tine southwest ca:nerafille nanbweat querlttaf the souabrasl gtxwenrefRvvon3%Tmmship 11K "e23; tbemeeau 131l3mds: ffi-wnb 12 mds; C z ORONO, MEYNESOTA then wcm 1313 rods: thence north 30,.d.: thence can SO andsmdse - line staid northwest gnariar d£eha aontb-1 qumdr, thence sawh 42 man: thcnca west to a pa1n1141/3 mds-1 Fp"i.1 orbcgi-i.,, thence south l rod: thence west 141f3 rads; thece n SITE I vodh 1 and to paint abegimdng, By: By: This plat °fK1NTYRE PRESERVE was eppmosredond accepted by the City Council ofOraoa Mimemm ataregamr rnmong heldthie Aad dant Cbdawpher ell'. Bullis end Rachel A. Dallis, husband end wise asjaivt temuda, feu oanera Mthe eollnning decribed property simardd in the [omits MHennepia SmM ofMirmesma town: ,2Ol6. Ifapp?cable, the ritmvo"mmevu end recommdodadoar of Nie CanmdrsimRr C4 LN 7, Block t, TAMARACK HILL 589'1 46' r 2578.68 m W yam- 1339.84 - 1�- 1339.54 = n' �I ofTrensponation mat, C� ty Highway Engineer have beer mceivod by the City or the l°«cnibed 30 day pmiadbas elapsed without mn,clptafineh °mmnence and It- tensed the eamc to be surveyed and platted as KINTYRE PRFSUR11E and do herby dedicme m the public Rot public use dte pantie way and the dmivage and Wilyeaeemenm u-.iW by this plat. c II In wimess whereof said Cariswfl-J. Bol lis and Cat M. Bahia, hnshend and wit aeJohn terems,have? ymeo cel thei, hands ihis_day or_ 2016. CITY COUNCIL OF ORONO,-'M1NNE$OTA EASE I/4 CORNER pF ' Chastopherl. Bollis Civil M. Bullis a �m - STATE OF MINNESOTA, COUNTY OF H0.N, M 5/5'2PN-`� STUBBS BAY Thin foregoing innrament was acknowledged before me, an this -day oI_, 2016, by ChriawpharJ.BoIt, and Gail M. Bullis, husband and wit. rI 589'23'30"E 1 My C-sodasio° Expires: ROAD I , NNmy Public Mirmesma Prim Name i 186.99 In wileens whereo£eaid C?rtstophex W, Bollix and Rachel A. Bol In. husband and wit as joint tongs, has hateanto set Oielt halls this day of .2016. By, .Mayor By: Clerk {�I SECTION BREAKDOWN =�enbt / N89° 18'45°W 220.00 III Chriawpher W. Hollis Rachel A. HNUa -� it (13 1/3 RODS) # STATE OF MINNESOTA, COUNTY OF RESIDENT AND REAL ESTATE SERVICES, 1 Thief regorng ma-ment w ecknowld 1W baso a me, on this day of 2016, by CMiswpher W. Bollix and Ruhel A. Bollix husband and wit # N_ I My Conamiaei® Exptms HENNEPIN COUNTY, MINNESOTA N..y Public, Mimwuta Print Name p I harshy ceni that Im,ci fy payable in end prior years hove beev paid In, on rids Plm. SURVEYORS CERTIFICATE 8$ r-N1YI/4 OF SEl/4 w C W 1, Dmid 11. Pamhedan dd hemhy certify W1 this plan was prepared by me er mder my diem mpeniniew that l am a duly Lieem.ed Lmld St nor in the State gl4ianesora; that this plat is a ennrecervpmaeolation ofthe bmmdry survey; that all ruadtrnmlical data end labels are S7 33 correctly desigamed on the pMe llmt all moaomatrs depicaedon plathavabeea ce will he-Wy Set within oneyear; that all water boundaries and wet lmda, as defvadnt Mtrmeauta Staades, Swdm 505.01, Subd. .1, as ofthe, dm of0dh certificatc am ahown and labeled z f I (13 1/3 RODS) "p on this plat: .d.11 public ways arc shown and Abeled m this plat. i --i t FFFyKKK Deted tldsdayaf ,2016. Dated this day of 2016. IIrf7JO�/ W I David H. Pemberton, li,-d Laud S-cyor pp O Mimlead®Liceme Nc40344 (� 1° STATE OF MINNESOTA, COUNTY OF HENNEPIN �L S3� This inrdanmmt was ac-irdDedW=me[his day of .2016, by D -id B. Pemberwn. �1- e4i N MycammimidnExpiaa I C ►''ii C.R. DOC. NO. A r\ r\ I=I r1 N•1 V (TAMARACK HILL 485.51) - - S89°23'30"E 465.09 -NORTH LINE OF LOT 2, BLOCK 1, TAMARACK HILL R 0 2 5B923'30aE 203.74 LOT ` l h Ae \ c TA kAALam)A f%if I III I I nlvlr-51\t-1vr� �� f11 L_L. SOUTH LINE OF LOT 2, 4"E 352.91 ��� BLOCK 1, TAMARACK HILL 19.90 -'WET o (TAMARACKXILL 985.34) - LAND an (DEED Iso Roos) VET LAND r Z INSET A (SEE SHEET 2 OF 2 SHEETS) Z� r\ C7 a+L .:L_. I `Y OUTLOT A Notary public, Hennepin County, Minrecae PrinNM Neme - HENN. CO. CAM C z ORONO, MEYNESOTA SITE I 203,49 - V By: By: This plat °fK1NTYRE PRESERVE was eppmosredond accepted by the City Council ofOraoa Mimemm ataregamr rnmong heldthie dayof ,2Ol6. Ifapp?cable, the ritmvo"mmevu end recommdodadoar of Nie CanmdrsimRr C4 ys"{. [�] 589'1 46' r 2578.68 m W yam- 1339.84 - 1�- 1339.54 = n' �I ofTrensponation mat, C� ty Highway Engineer have beer mceivod by the City or the l°«cnibed 30 day pmiadbas elapsed without mn,clptafineh °mmnence and ra"mmendations.asp-idedby Win -Shia, Section 505.0.7, Sandivisiw 2. c SURVEY UTVISION, HENNEPIN COUNTY, MINNESOTA I CITY COUNCIL OF ORONO,-'M1NNE$OTA EASE I/4 CORNER pF ' i J I a �m - M H0.N, M 5/5'2PN-`� STUBBS BAY PursvmN m Mixiaesv[a Smwm sectiam 3836565 (1969), this pial hes bare eppnmzd thas_day°f .2016. rI 589'23'30"E 1 1� 5372.53 ROAD Chris F. Mens, Hannnepin County Surveyor 2661.99 - 1 2710.55 • - � • l HEST 1/4 CORNER OF # I n I i 186.99 By, .Mayor By: Clerk SECTION BREAKDOWN =�enbt / N89° 18'45°W 220.00 SECTION 32, TOWNSHTP 118, RANGE 23 -� it (13 1/3 RODS) # RESIDENT AND REAL ESTATE SERVICES, NORTH 1/4 CORNER OF # N_ I HENNEPIN COUNTY, MINNESOTA SM32, TAW, R.23 HENN. C0. CIM00 S SW CORNER w THE N I harshy ceni that Im,ci fy payable in end prior years hove beev paid In, on rids Plm. • y 8$ r-N1YI/4 OF SEl/4 w C W f z f I (13 1/3 RODS) "p F t 4 S89°18'45°E Z Dated this day of 2016. I 220.00 iV 1 " p'CINT 74 1/3 RODS EAST OF POINT l]F BEOINKIND Mark V. chnpiv, 11 --pi. couray Andimr - HENN. CO. CAM �- S S 186.99 SITE I 203,49 - V By: By: m ..Z NN89°18'45"W2.3 0~ 589'1 46' r 2578.68 m W yam- 1339.84 - 1�- 1339.54 = n' �I w NII[ 1 ( (14 1/3 RODS) SURVEY UTVISION, HENNEPIN COUNTY, MINNESOTA I - N d EASE I/4 CORNER pF ' i J I a M H0.N, M 5/5'2PN-`� STUBBS BAY PursvmN m Mixiaesv[a Smwm sectiam 3836565 (1969), this pial hes bare eppnmzd thas_day°f .2016. rI 589'23'30"E 1 1� 5372.53 ROAD Chris F. Mens, Hannnepin County Surveyor 2661.99 - 1 2710.55 • - � • l HEST 1/4 CORNER OF # I n I i COUNTY RECORDER HENNEPIN COUNTY, MINNESOTA [hereby eerlifythat rte within plat ofRINT4RE PRESERVE we recorded in this *free thisday of 2016th s o'clorh_M. Martin McCormick, C-ly Record= Deputy - SEG32. T.110. P 23 - HENN. CO. CAM E2 SITE 589'1 46' r 2578.68 m W yam- 1339.84 - 1�- 1339.54 = n' �I w NII[ 1 I� g a )•!� 1324.41 `1324.41� 189'13'53"W 2648.82 '/4 CORNER SOUTHEAST CORNER OF f 1111 SEC.3SOUT HENN. CO.IH. 0..73 HENN. GI.M SEC.32, 7.115, R.23 HEN'1. CO. C.I.M O Demtes a In inch by 14 inch iron pipe eel in the ground -d by Licence No. 40344 ❑ Denotes a set nail and disk markod by Liccaae No. 40344 III; Denotes a Found Iran Montanent '� A139°l0'2b„E O M 4r'v eh 1 T I I 51 N. L l% 3 - Na N� gW (-SE1�4, SEc,33, Tr11B 4R,223 SC 14`1 I l V I 1 ITNiI-\ L )r I\ I _ if1 �1 sc` The basis for the bearing sysm. is the-[ line Oftheh'Orthwcst Quaneroftbe Southeast Quarter of Retina 32, Tolvnskdp 11 R. Range 23 and is as -d m boar Nenh OO degfecs 32 m1nu1e8 12 seconds Wen 1103.34 rl A ! n I Y4 V i O� t �a w� �x Y Council Exhibit B NT' 100 50 0 50 100 200 SCALE W FEET SATHRE-BERGQUIST, INC. m a ,v¢ pHEHg PaA� 60 30 0 30 60 120 SCALF 1N FF,ET The basis for the boating .system is the weal line of the Northwest Quarler ofthe Southeast Quarter of Section 32, Township 118, Range 23 and is assumed m hear North 00 degrees 32 minutes 12 seconds West (See Sheer I nf2 Shoots) o Denolea a 112 inch by 14 inch iron pipe set to the ground and marked by License Na. 40344 • Derwtes a Fwnd I— Monument DRAINAGE AND UTILITY EASCdIENTS ARE SHOWN THUS: NOTTOSCALE Mot; 5 fees in width and adjoining lot lints, unless otherwise dndicmed, and 10 feet to wift and adjcdrdng right ofway ivies, unless otherwise i idicaL4 as shown nn the plat A��RS a�RL �$ SATHRE-BERGQUIST, INC. s se 9rFFa 4yP� KINTYRE PRESERVE INSET A EAST LINE OF LOT 2, BLOCK t, TAMARACK WILL I EAST5E0 NW 116, F C.R. DOC. NO. I 2 OF 2 SHEE CAW I � � l NO. BY DATE REVISIONS USE {INCLUDING COPYING, DISTRIBUrgN, ANDIOR CONVEYANCE OF I HERESY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS 1 T CAW 0Bl0911fi FUTAL,PLATAPPL]CATION-RE_MOVE_DPAOB_ INFORMATION) OF THIS PRODUCT IS SrRICTLY PROHIBITED WITHOUT - PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 2 GAW 09!18116 FINAyL P�Av7 COMMENTS TR,IUGyTB)!I.R®yD,. SATHRE-BERGOUIST, INC.'s EXPRESS WRITTEN AUTHOREAMN. USE WITHOUT AMA DULY REGISTER P OFESSIONA_ENGINEER UNDER THE SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE ANO SHALL THEREBY LAWS O THE $TATE NESOTA. - - _ -- -- _ -- - - - - - - - - - - - --- - INDEMNIFY SAIHRE-BERGQULST, INC. OF ALL RESPONSIBILITY. -- - -- - - - -- - - -- - ---- -- - - - SATHRESERGOUIST, INC. RESERVES THE RIGHT TO HOLDANY LLLEGfTIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR L088ES RESULTING FROM ILLEGITIMATE USE. aamd are:es WIQme age, P.rS� Lr, No. 4 LiLe s o ---. D L1 it FrLA10 °SERVICES PROVIDES R.'r SVQIiIQDIn LCO XICAt F:i SOIJR.I' r. .. "loss aU"A "lo �$ SATHRE-BERGOIJIST, INC, a 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952)47&SODO �Fks P�P� ZONING DISTRICT STANDARDS (PROPOSED AND EXISTING ZONING: RR -1B) 1. MINIMUM LOT AREA=87,120 S.F. 2. MINIMUM LOT WIDTH = 200 FT. 3, MIN CORNER LOT WIDTH =200 FT. 4. FRONT YARD SETBACK= 50 FT. 5. SIDE YARD SETBACK = 30 FT. 6. SIDE YARD ABUTTING ROAD = 50 FT. (see City Cade) 7, MINIMUM REAR YARD SETBACK RRYS61= 50 FT, S. MAXIMUM STRUCTURE HEIGHT: 2.5 STORIES OR 30 FT, S. MAX. BLDING FOOT PRINT (PRINCIPAL = 2400 S.F.) PLAN DESIGN DATA (SINGLE FAMILY HOMES) 1. MINIMUM LOT AREA =87,120 BE 2. PROPOSED LOT WIDTH =200 FT. 3, PROPOSED 80 FT, BUILDING PAD 4. OUTLOT W IDTH a 50 FT. 5, STREET WIDTH =26 FT. B -B MIN -DESIGN 30138 6, C.D-S RADIUS = 40 FT. 7. C -DS ENTRANCE RADIUS =20 FT. B. ROW RADIUS= SOFT. Wetlands - 50' Pno ty Unas-10' went -50' Buildings - 29 Wells - 25 feetfrom any lntedor plumbing &50' from plumbing bullring nit Noise: 1.) The septic area probsctlon ""1 Exh PARCEL BOUNDARY UNE fencing locations must be DRAINAGE AND UnLITY EASEMENTS Site Plan Inspected and approved by the City - - k.. i' STORM sTUCTURE LABEL Final Gradino Plan disturbing sclivides. �,, Wim_ � e ° '"�w•C6'y ,,`� f {�' � � _ - - SEPTIC BITE slDm sim I -- IE> SOLBGRINGLOCATION _r - 4 A 1 ^ ! S BENCHMARK I POUND IP +I 111,898 NLI . 117909 ph11d WEOANO BUFFER MONUMENT A1390-nPW4 �• :�s,4 IO �.— - __ BID--- - _1v t • ., PRE RINSIRUCIIDN SILT FENCE -j J POST CONSTRUCTION SLT FENCE 14.LANI.1 `. - - ._ • -' eT.474-Yelp SEFm; PROTECTION FENCING - -- - !. +� `,� +'•yam WOODRBERRIAWU -I .. ,. ����' �/// � ��' . orrcN cKmm • + � • ..50 1i � � I ° 11 . �) ! I 'b � q � n II } '''6.b"" i. '(r. l �}I( ti I 1 `-•Tl 14- \ice 413-��. •6 TREE SAVED t� e3lk \ TREE REMOVED I , �+ t.Q ';3 g 9 _ ' F 8• rIi I �IM.145 tue " 7Ba24Wtl'rtl s� eMdf.e _• 87,1R-upwd B7pp-Pmd -_�-I\'--+' ,1 Up"I ! !/s �1r 4p `}I � Y •W r • i? •f !! •+ '� DUTLOT A , rr1 ' j�1 . -qn , e• 3729 2103974 •g�: 6 • s 3�3 1 ,-7��..` __ f/I -. i Total . 77I •� \; o r , - 1 tl279-Pandl� - 1" - i a � I��` 87,172 -Upland L •� �. ��-.� • „alp, p a A ;. ; - �, 95.076mral • _ A : • !f 05,070 -upland I I � � l NO. BY DATE REVISIONS USE {INCLUDING COPYING, DISTRIBUrgN, ANDIOR CONVEYANCE OF I HERESY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS 1 T CAW 0Bl0911fi FUTAL,PLATAPPL]CATION-RE_MOVE_DPAOB_ INFORMATION) OF THIS PRODUCT IS SrRICTLY PROHIBITED WITHOUT - PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 2 GAW 09!18116 FINAyL P�Av7 COMMENTS TR,IUGyTB)!I.R®yD,. SATHRE-BERGOUIST, INC.'s EXPRESS WRITTEN AUTHOREAMN. USE WITHOUT AMA DULY REGISTER P OFESSIONA_ENGINEER UNDER THE SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE ANO SHALL THEREBY LAWS O THE $TATE NESOTA. - - _ -- -- _ -- - - - - - - - - - - - --- - INDEMNIFY SAIHRE-BERGQULST, INC. OF ALL RESPONSIBILITY. -- - -- - - - -- - - -- - ---- -- - - - SATHRESERGOUIST, INC. RESERVES THE RIGHT TO HOLDANY LLLEGfTIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR L088ES RESULTING FROM ILLEGITIMATE USE. aamd are:es WIQme age, P.rS� Lr, No. 4 LiLe s o ---. D L1 it FrLA10 °SERVICES PROVIDES R.'r SVQIiIQDIn LCO XICAt F:i SOIJR.I' r. .. "loss aU"A "lo �$ SATHRE-BERGOIJIST, INC, a 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952)47&SODO �Fks P�P� ZONING DISTRICT STANDARDS (PROPOSED AND EXISTING ZONING: RR -1B) 1. MINIMUM LOT AREA=87,120 S.F. 2. MINIMUM LOT WIDTH = 200 FT. 3, MIN CORNER LOT WIDTH =200 FT. 4. FRONT YARD SETBACK= 50 FT. 5. SIDE YARD SETBACK = 30 FT. 6. SIDE YARD ABUTTING ROAD = 50 FT. (see City Cade) 7, MINIMUM REAR YARD SETBACK RRYS61= 50 FT, S. MAXIMUM STRUCTURE HEIGHT: 2.5 STORIES OR 30 FT, S. MAX. BLDING FOOT PRINT (PRINCIPAL = 2400 S.F.) PLAN DESIGN DATA (SINGLE FAMILY HOMES) 1. MINIMUM LOT AREA =87,120 BE 2. PROPOSED LOT WIDTH =200 FT. 3, PROPOSED 80 FT, BUILDING PAD 4. OUTLOT W IDTH a 50 FT. 5, STREET WIDTH =26 FT. B -B MIN -DESIGN 30138 6, C.D-S RADIUS = 40 FT. 7. C -DS ENTRANCE RADIUS =20 FT. B. ROW RADIUS= SOFT. Wetlands - 50' Pno ty Unas-10' went -50' Buildings - 29 Wells - 25 feetfrom any lntedor plumbing &50' from plumbing bullring nit Noise: 1.) The septic area probsctlon ""1 Exh PARCEL BOUNDARY UNE fencing locations must be DRAINAGE AND UnLITY EASEMENTS Site Plan Inspected and approved by the City - - k.. Engineer pdorto any land STORM sTUCTURE LABEL Final Gradino Plan disturbing sclivides. Final Erosion Control Plan SEPTIC BITE SYMBOL LE IATUNE BUILDING SETBACK BOUNDARY ""1 Exh PARCEL BOUNDARY UNE --•--nN",�P- DRAINAGE AND UnLITY EASEMENTS Site Plan RIGHT-0FWAY - - Fl AR®ENn SECTION WlRIP4W XOE:n4R6Y9, , STORM sTUCTURE LABEL Final Gradino Plan WELL Final Erosion Control Plan SEPTIC BITE slDm sim I EMERGENCY OVERFLOW SWAL6 IE> SOLBGRINGLOCATION Q' BENCHMARK I POUND IP • WEOANO BUFFER MONUMENT PRE RINSIRUCIIDN SILT FENCE POST CONSTRUCTION SLT FENCE -- — SEFm; PROTECTION FENCING - -- — WOODRBERRIAWU orrcN cKmm UIIUTY POLE ou TREE SAVED I�r TREE REMOVED I �O lJ II SEPT)CSITE PREPARED BY PREPARED FOR ! Sheet --•--nN",�P- ,wrr�iAe MN., s Site Plan wK�lelcsl+Tomo mn una�rw , FAIL N6a4R-0IN XOE:n4R6Y9, , `oM,uE4vAE a1�n Final Gradino Plan �� ®�n,s,iM®YVIY,c,: D4YE n� Final Erosion Control Plan RR -1 B:;7SINGIE FAMILY LOTS slDm sim I .s,cn 100 50 D 5D 100 200 SCALE IN FEET i SHEET INDEX TABLE ! Sheet Description Ii t I Site Plan 2 Final Street Plan it 3 Final Utility Plan 4 Final Gradino Plan I' 5 I' Final Erosion Control Plan 6 Buffer Averaninn Pian i; 7 Landscape, Wetland buffer, Maintenance & Monttorin>a Plan PRELIMINARY SITE PLAN FILE 10114-00-00 7 ORONO, KINTYRE PRESERVE 1 MINNESOTA CHRIS BOLUS 8 Al t S 6 " ou I�r .=nt, ° T Y A a azs�i: � ""` " a � I��` A P L •� �. ��-.� • „alp, PRELIMINARY SITE PLAN FILE 10114-00-00 7 ORONO, KINTYRE PRESERVE 1 MINNESOTA CHRIS BOLUS 8 Al t 1050 1040 1030 1020 1010 1000 994 V P7 2io 85: --� TF 1029.4 I LIQ Bwo0 r -----� 30 O° !A -4c ' sr1c 'am o © rL J3 t 5, ,;OOppA� 4 7 X55 LF U L1 0 J1.10% Gp TFT 1" WO T .`TppO. 1 0 00 OD fV LOT LINE BUILDING SETBACK BOLNDARY 1 PARCEL BOUNMRY UNE 3. B; p R aCILZ V P7 2io 85: --� TF 1029.4 I LIQ Bwo0 r -----� 30 O° !A -4c ' sr1c 'am o © rL J3 t 5, ,;OOppA� 4 7 X55 LF U L1 0 J1.10% Gp TFT 1" WO T .`TppO. 1 0 00 OD fV I i CO Vs \ 30 00 cL / �;•� `\ 4\ \ 4 I , V .41M MATCH CURBED STREET SECTION DITCHED STREET SECTION VARLEa I K P to to 'a^' B a'- I vARIEs '49 �� `✓� -4 -� a \ i m O.-. ` �- CONSTRLCTION NOTES: \ \ 1. 4' DRAINTILE SHALL BE INSTALLED ATTHE LOWPOINT CATCH BASINS 250' MN. W (STD) EACH DIRECTION L 150' IN THE / \ 3 \ \\ ` UPHILL DIRECTION FOR ON SLOPE CATCH BASINS. INSTALL 1' BEHIND CURB. 2. TIE THE LAST 8 PIPE JOINTS TO FLARED END SECTIONS KCAL} mP \ k I� t�\``. \ \ \ �, ♦ \''�, ' S. TRASH GUARDS SHALL BE PLACED ON ALLFLARED END SECTION& 4. TIE ALL JOINTS ON STORM SEWER BETWEEN APRONS AND OC STRUCTURES AND ALL CULVERT APRONS. 5. WIMOD'S DR APPROVED EQUAL TO BE INSTALLED AT ALL STORM INLETS. - 5 BELOWFNIMATERIAL SHED GRADEAND SHALL EXTEND TTO AT LE 8T4B' ELOW FITORM SEWER NISHED ED GE OR STRUCTURES THAT ARE LESS THAN 48' ♦ � , \ \\\" \� F E \'\\ \ 7. RIPP-RRPI FOR STORM SEWER SHALL BE CONSTRUCTED USING GRANITE ROCKI'DIA ETER OR LARGER AND SHALL BE \ 8. ALL ADJUSTING RINGS TO BE CONCRETE 9. ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURES ALLOWED. STREET SECTION 1059 1.5" BITUMINOUS WEAR COURSE - MN/DOT SPWEB240B (2360 SPECIFICATION) 3" BITUMINOUS BASE COURSE - MNIDOT SPNWB23GB (2360 SPECIFICATION) B' CLASS 5 AGGREGATE BASE, MNIDOT 3138` 1040 GEOFABRIC, MNIDOT TYPE V, MIRAFI 50OX, 8OZISY NON -WOVEN AS NEEDED APPROVED SUBGRADE 103D SHOULDER SECTION B" CLASS 5 AGGREGATE BASE, MNIDOT 3138' 1020 GEOFABRIC, MNIDOT TYPE V, MIRAFI 50OX, 8OZfSY NON -WOVEN AS NEEDE APPROVED SUBGRADE 1010 DESIGN DATA; STREET SECTION: I.5' SPWEB240B WEAR COURSE (MN DOT 2380) S" SPNW0230B BASE COURSE (MN DOT 2360E 8" CL 5 AGGREGATE BASE (MN DOT 3138) 1000 SVBGRALTE FABRIC (e =BY, NON -WOVEN} Of IBqulred) O? B" CL 5 AGGREGATE SHOULDER (MN DOT 3138) (non curbed seTriDn) CROSS SECTION: 994 3% CROWN 30' STREET WIDTH (SACK TO BACK SURMOUNTABLE CURB) 50 25 0 25 50 100 SCALE IN FEET -1+50 -1+00 -0+50 0+00 0+50 1+00 1450 2+00 2+50 3+00 3+50 4+DD 4+50 5+00 5+50 6+DO 6+50 7+00 7+50 LNG NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING. DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS leho7Tn 1 CAW OSIOBItfi FINAL PLAT_APPLICATION - REMOVED PPD_5INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED SY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AMADULY REGISTER OFESSKNJAL ENGINEER UNDER THE ? Fy SATHRE-BERGQUIST, INC. WIN BY _ 2 CAW 09119116 ,FINAL pIAT,.COMME_I+IT'S.=STR�IGMTE_NgO�iq SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORF7ATION. USE WITHOUT kc? N ;Ayy — SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS THE STATE NESOTA. INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. :KEDBY _- -- - ,-. __ .. ._ _ SATHREBERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE 150 SOUTH BROADWAY WAYZATA, MN. 65397 (962}478-00°° :AW _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING LATE FROM ILLEGITMATE USF -P01 !,7115 - - - - - - - Dale: fs L... 'Y71'. SYMBOLLEGEND LOT LINE BUILDING SETBACK BOLNDARY 1 PARCEL BOUNMRY UNE 3. p I. aCILZ BTURMBOICIURELABEL 2 WELL \y" 0 30 w t----- --- 14-9 / CJI (��•_ / al 0 BENCHMARK /FOUND P Q G WETLAND BUFFER MONLSENT / J PRE CONSTRUCTION SILT FENCE — -- — Y Q / WOODFISER BLANKIT I i CO Vs \ 30 00 cL / �;•� `\ 4\ \ 4 I , V .41M MATCH CURBED STREET SECTION DITCHED STREET SECTION VARLEa I K P to to 'a^' B a'- I vARIEs '49 �� `✓� -4 -� a \ i m O.-. ` �- CONSTRLCTION NOTES: \ \ 1. 4' DRAINTILE SHALL BE INSTALLED ATTHE LOWPOINT CATCH BASINS 250' MN. W (STD) EACH DIRECTION L 150' IN THE / \ 3 \ \\ ` UPHILL DIRECTION FOR ON SLOPE CATCH BASINS. INSTALL 1' BEHIND CURB. 2. TIE THE LAST 8 PIPE JOINTS TO FLARED END SECTIONS KCAL} mP \ k I� t�\``. \ \ \ �, ♦ \''�, ' S. TRASH GUARDS SHALL BE PLACED ON ALLFLARED END SECTION& 4. TIE ALL JOINTS ON STORM SEWER BETWEEN APRONS AND OC STRUCTURES AND ALL CULVERT APRONS. 5. WIMOD'S DR APPROVED EQUAL TO BE INSTALLED AT ALL STORM INLETS. - 5 BELOWFNIMATERIAL SHED GRADEAND SHALL EXTEND TTO AT LE 8T4B' ELOW FITORM SEWER NISHED ED GE OR STRUCTURES THAT ARE LESS THAN 48' ♦ � , \ \\\" \� F E \'\\ \ 7. RIPP-RRPI FOR STORM SEWER SHALL BE CONSTRUCTED USING GRANITE ROCKI'DIA ETER OR LARGER AND SHALL BE \ 8. ALL ADJUSTING RINGS TO BE CONCRETE 9. ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURES ALLOWED. STREET SECTION 1059 1.5" BITUMINOUS WEAR COURSE - MN/DOT SPWEB240B (2360 SPECIFICATION) 3" BITUMINOUS BASE COURSE - MNIDOT SPNWB23GB (2360 SPECIFICATION) B' CLASS 5 AGGREGATE BASE, MNIDOT 3138` 1040 GEOFABRIC, MNIDOT TYPE V, MIRAFI 50OX, 8OZISY NON -WOVEN AS NEEDED APPROVED SUBGRADE 103D SHOULDER SECTION B" CLASS 5 AGGREGATE BASE, MNIDOT 3138' 1020 GEOFABRIC, MNIDOT TYPE V, MIRAFI 50OX, 8OZfSY NON -WOVEN AS NEEDE APPROVED SUBGRADE 1010 DESIGN DATA; STREET SECTION: I.5' SPWEB240B WEAR COURSE (MN DOT 2380) S" SPNW0230B BASE COURSE (MN DOT 2360E 8" CL 5 AGGREGATE BASE (MN DOT 3138) 1000 SVBGRALTE FABRIC (e =BY, NON -WOVEN} Of IBqulred) O? B" CL 5 AGGREGATE SHOULDER (MN DOT 3138) (non curbed seTriDn) CROSS SECTION: 994 3% CROWN 30' STREET WIDTH (SACK TO BACK SURMOUNTABLE CURB) 50 25 0 25 50 100 SCALE IN FEET -1+50 -1+00 -0+50 0+00 0+50 1+00 1450 2+00 2+50 3+00 3+50 4+DD 4+50 5+00 5+50 6+DO 6+50 7+00 7+50 LNG NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING. DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS leho7Tn 1 CAW OSIOBItfi FINAL PLAT_APPLICATION - REMOVED PPD_5INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED SY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AMADULY REGISTER OFESSKNJAL ENGINEER UNDER THE ? Fy SATHRE-BERGQUIST, INC. WIN BY _ 2 CAW 09119116 ,FINAL pIAT,.COMME_I+IT'S.=STR�IGMTE_NgO�iq SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORF7ATION. USE WITHOUT kc? N ;Ayy — SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS THE STATE NESOTA. INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. :KEDBY _- -- - ,-. __ .. ._ _ SATHREBERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE 150 SOUTH BROADWAY WAYZATA, MN. 65397 (962}478-00°° :AW _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING LATE FROM ILLEGITMATE USF -P01 !,7115 - - - - - - - Dale: fs L... 'Y71'. SYMBOLLEGEND LOT LINE BUILDING SETBACK BOLNDARY 1 PARCEL BOUNMRY UNE DRAMAGE AND UTRM EAREMENTR � I. O 1v X986,4 BTURMBOICIURELABEL 2 WELL \y" 0 30 w CL � 30 a CIL EMERGENCY OVERFLOW BMALE 90L BORING LOCATION BENCHMARK /FOUND P WETLAND BUFFER MONLSENT / J PRE CONSTRUCTION SILT FENCE — -- — Y PRCTECTION FENCING I i CO Vs \ 30 00 cL / �;•� `\ 4\ \ 4 I , V .41M MATCH CURBED STREET SECTION DITCHED STREET SECTION VARLEa I K P to to 'a^' B a'- I vARIEs '49 �� `✓� -4 -� a \ i m O.-. ` �- CONSTRLCTION NOTES: \ \ 1. 4' DRAINTILE SHALL BE INSTALLED ATTHE LOWPOINT CATCH BASINS 250' MN. W (STD) EACH DIRECTION L 150' IN THE / \ 3 \ \\ ` UPHILL DIRECTION FOR ON SLOPE CATCH BASINS. INSTALL 1' BEHIND CURB. 2. TIE THE LAST 8 PIPE JOINTS TO FLARED END SECTIONS KCAL} mP \ k I� t�\``. \ \ \ �, ♦ \''�, ' S. TRASH GUARDS SHALL BE PLACED ON ALLFLARED END SECTION& 4. TIE ALL JOINTS ON STORM SEWER BETWEEN APRONS AND OC STRUCTURES AND ALL CULVERT APRONS. 5. WIMOD'S DR APPROVED EQUAL TO BE INSTALLED AT ALL STORM INLETS. - 5 BELOWFNIMATERIAL SHED GRADEAND SHALL EXTEND TTO AT LE 8T4B' ELOW FITORM SEWER NISHED ED GE OR STRUCTURES THAT ARE LESS THAN 48' ♦ � , \ \\\" \� F E \'\\ \ 7. RIPP-RRPI FOR STORM SEWER SHALL BE CONSTRUCTED USING GRANITE ROCKI'DIA ETER OR LARGER AND SHALL BE \ 8. ALL ADJUSTING RINGS TO BE CONCRETE 9. ALL STORM STRUCTURES SHALL BE PRECAST OR POURED IN PLACE. NO BLOCK STRUCTURES ALLOWED. STREET SECTION 1059 1.5" BITUMINOUS WEAR COURSE - MN/DOT SPWEB240B (2360 SPECIFICATION) 3" BITUMINOUS BASE COURSE - MNIDOT SPNWB23GB (2360 SPECIFICATION) B' CLASS 5 AGGREGATE BASE, MNIDOT 3138` 1040 GEOFABRIC, MNIDOT TYPE V, MIRAFI 50OX, 8OZISY NON -WOVEN AS NEEDED APPROVED SUBGRADE 103D SHOULDER SECTION B" CLASS 5 AGGREGATE BASE, MNIDOT 3138' 1020 GEOFABRIC, MNIDOT TYPE V, MIRAFI 50OX, 8OZfSY NON -WOVEN AS NEEDE APPROVED SUBGRADE 1010 DESIGN DATA; STREET SECTION: I.5' SPWEB240B WEAR COURSE (MN DOT 2380) S" SPNW0230B BASE COURSE (MN DOT 2360E 8" CL 5 AGGREGATE BASE (MN DOT 3138) 1000 SVBGRALTE FABRIC (e =BY, NON -WOVEN} Of IBqulred) O? B" CL 5 AGGREGATE SHOULDER (MN DOT 3138) (non curbed seTriDn) CROSS SECTION: 994 3% CROWN 30' STREET WIDTH (SACK TO BACK SURMOUNTABLE CURB) 50 25 0 25 50 100 SCALE IN FEET -1+50 -1+00 -0+50 0+00 0+50 1+00 1450 2+00 2+50 3+00 3+50 4+DD 4+50 5+00 5+50 6+DO 6+50 7+00 7+50 LNG NAME NO. BY DATE REVISIONS USE (INCLUDING COPYING. DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS leho7Tn 1 CAW OSIOBItfi FINAL PLAT_APPLICATION - REMOVED PPD_5INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED SY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AMADULY REGISTER OFESSKNJAL ENGINEER UNDER THE ? Fy SATHRE-BERGQUIST, INC. WIN BY _ 2 CAW 09119116 ,FINAL pIAT,.COMME_I+IT'S.=STR�IGMTE_NgO�iq SATHRE-BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORF7ATION. USE WITHOUT kc? N ;Ayy — SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS THE STATE NESOTA. INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. :KEDBY _- -- - ,-. __ .. ._ _ SATHREBERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE 150 SOUTH BROADWAY WAYZATA, MN. 65397 (962}478-00°° :AW _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING LATE FROM ILLEGITMATE USF -P01 !,7115 - - - - - - - Dale: fs L... 'Y71'. SYMBOLLEGEND LOT LINE BUILDING SETBACK BOLNDARY PARCEL BOUNMRY UNE DRAMAGE AND UTRM EAREMENTR RIGHT-0F_WAY FLARED END SECTION NThUPdUP- BTURMBOICIURELABEL 2 WELL SEPTICSTTE EMERGENCY OVERFLOW BMALE 90L BORING LOCATION BENCHMARK /FOUND P WETLAND BUFFER MONLSENT PRE CONSTRUCTION SILT FENCE — -- — POST CONSTRUCRON9LTFF.NCESEPTIC PRCTECTION FENCING WOODFISER BLANKIT DBCRCNSOIS UTIUTY POLE TREE SAVED TREEREMOWD EJ Ul T FKW�l NU. FILE NO. FINAL STREET PLAN 10119-001 ORONO, KINTYRE PRESERVE 2 MINNESOTA CHRIS BOLLIS s 66 OUTLET STRUCTURE POND 11 I O.Ts 1r-RCPAIBA 0 GF 1028,0 85 OTF 1029.4 1 WO I 30 DD 4 ~ —_~�y —: 2 V O p 4 T SITE" 5 ' a ~ Ch 0 CL 6F ¢ 30 14r L \r .. .r` �ooB4� p� � ��� L t T0000 f t OD co N \ m � V W 1 rz441 (a CD / 4 1010 I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS TC: 7022-8 - ---� CIN PROJECT NO. 6'APRDN B CY CL.3 ® PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I BLDD22. _ 1030 AM A DULY REGISTERF,� PI}OFESSIONAL ENGINEER UNDER THE LAW O THE Of'NE30TA DUL'4B.0" S'APRON 1030 990 TC: 1022.7 R3067 -V 6 CY CL3 O RON O, P sLo: a.0 p (B52) m "' m ED - - LL RESPONSIBLE FOR DAMAGES OR LOSSES RESULT04G LE ora r>,3' '% �� 980 - - - - - - -- - FROM IOLLEG TTY UALLL•Y wgA �ge� P F� DaN: LJ i -iJ-! f r.5- Lie. ND. P o des PtT• PRE CONSTRUCTION SILT FENCE 1026 tRGP -- 020 28.5'-T - DrTCHCHECNS CLS 1.05% 3 0-15'RCP TREES vm TREE REMOVED ® 2-52% 1010 s 1000 1000 995 B95 66 OUTLET STRUCTURE POND 11 I O.Ts 1r-RCPAIBA 0 GF 1028,0 85 OTF 1029.4 1 WO I 30 DD 4 ~ —_~�y —: 2 V O p 4 T SITE" 5 ' a ~ Ch 0 CL 6F ¢ 30 14r L \r .. .r` �ooB4� p� � ��� L t T0000 f t OD co N \ m � V W 1 rz441 (a CD / 4 1010 I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS 9070 CIN PROJECT NO. 6'APRDN B CY CL.3 ® PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I 1000 _ 1000 AM A DULY REGISTERF,� PI}OFESSIONAL ENGINEER UNDER THE LAW O THE Of'NE30TA 5.5'-15RB FLARED FN13SEM7ON WIRIP4W 990 x'11q 6 990 O RON O, P z ASTATE �� p (B52) m "' m ED - - LL RESPONSIBLE FOR DAMAGES OR LOSSES RESULT04G LE 986 '% �� 980 OD UI yam. '✓") 6F88B.01 00 rr aB, CONSTRUCTION NOTES: Ccs` ' W ;0 w0 r ' Wig• T- 9 '� 1. 4'DRAINTILE SHALL BE INSTALLED ATTHE LONPOINTCATCH C iR IV _ Ca1 O BF 7 4 0� y, :9 BASINS 250' MIN, [ST I IN EACH DIRECTION & 15D IN THE UPHILL / O CD _ � 11 - 1 7'0� ' O ''.s, tF�p p . q CUR0. DIRECTION FOR N SLOPE CATCH BASINS. INSTALL I' BFIIIND pT C) q- 1 r `' s �r� f j� { 2. TIE THE LAST I PIPE JOINTS TO FLARED END SECTIONS ! / /` 3 a 7 z e 4 C GJ �►j,� `., - r - 4� ,I y STYP CAy a ^ � , ' y 7 CO i< - 3 STRASH ECTIONS. RDS SHAH BE PLACED ON FLARED END a a CL '� A (.0 a 4. TIE ALL MINTS ON STORM SEWER BETWEEN APRONS AND OC C% -4 STRUCTURES AND ALL CULVERT APRONS. I 03 5, NIM�I 5 OR APPROVED EQUAL TO BE INSTALLED AT NSTORM of i 5; & GRANULARSTRUCTURES MATERIAL SHALL BE PLACED UNDER BELOW SEWER f------ ____1 ¢3 ________` f / 9! / 1 ` \ y *• PIPE OR RADE AND EXTEND OLESS ATLE ST 48'BELOW ' 5 1 GRADE. GRADE AND EMEND TD AT LEAST 48BELOW FINISHED 7. RIP -RAP FOR STORM SEWER SHALL BE CONSTRUCTED USING Q / \'�" SITE -a / 1 /� 1 , , M E ' PLACED. ROCK,1'DIAMETER OR LARDER AND SHALL BE RAND ALL ADJUSTING RINGS TO BE CONCRETE. 9. PALAC£N6 SIRUCTUR CSHAU-STRESAL PLDECA TOR POURED IN m ¢1 \ / 6 F E 10. CASTINGS LBE INS N ENAH R -3087-V OR APPROVED EQUAL Q \ / �i ✓ [ �� _ * �.1O.SE'fBA,CK 1 E ii. RURk LVERTSSHALL TTHE FOR ALL NEWTON IN 1 RR4LSECTION5 A7THETIMEOF HOME CONSTRCTIDN 4F = E F E 4 E m� • " w� E E E yTn a 1 a —tom o F 21 E E J 50 ?5 0 25 50 100 SCALE IN FEET REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS sUgyA CIN PROJECT NO. FINAL PLAT APPLICATION =REMOVED PADS-. INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I r�eRg _ =1NALQLf,T OOMMENTS - STRAIGHTEN ROAD SATHRE-BERGOUIST, INO-'s EXPRESS WRIirEN AUTHORIZATION. USE WITHOUT ' SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALLTHEREBY AM A DULY REGISTERF,� PI}OFESSIONAL ENGINEER UNDER THE LAW O THE Of'NE30TA {-T /� °w j � H. R C _ E,' I_ j til �J I T I N l� FLARED FN13SEM7ON WIRIP4W - INDEMNIFY SATHRE-BERGDUIBT, INC- OF ALL RESPONSIBILITY. STORM 9WCTURELABEL , - 150 SOUTH BROADWAY WAYZATA, MN. `SSSBI 47&6MO O RON O, - - - - - - - - - - - - SATHRE DERGOUIST, INC- RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE z ASTATE �� p (B52) m "' m EMSBGENCY OVERFLOW SWALE - - LL RESPONSIBLE FOR DAMAGES OR LOSSES RESULT04G LE ///f//// - '% �� MINNESOTA - - - - - - -- - FROM IOLLEG TTY UALLL•Y wgA �ge� P F� DaN: LJ i -iJ-! f r.5- Lie. ND. P o des PtT• PRE CONSTRUCTION SILT FENCE SYMBOL LEGEND LOTLINE BUI DING SEMMX BDUN. PARCEL BOUNDARY LINE DRAINAGEAND LrrL" EASEAEENTB RIBNTaF Y FLARED FN13SEM7ON WIRIP4W STORM 9WCTURELABEL EU WELL SEPTIC 9BE EMSBGENCY OVERFLOW SWALE W"DRING LOCATION { BENCHMf&C TFOUND IP WETLAND BLFFER MDNUMENT PRE CONSTRUCTION SILT FENCE POET CONSTRUCTION SILT FENCE -- SEPTIC PROTECTION FENCING WOODFIBERBLAMET - DrTCHCHECNS UTILITY POLE TREES vm TREE REMOVED FILE NO. FINAL UTILITY PLAN 10114-001 KINTYRE PRESERVE 3 CHRIS BOLLIS 8 r PROJECT NOTES: 1. THE HOUSE TYPES AND PLACEMENT AND PROPOSED DRIVEWAYS ARE FOR ILLUSTRATIVE PURPOSES ONLY. A DETAILED CERTIFICATE OF SURVEY z x �� WILL BE PREPARED FOR EACH LOT, CONFORMING TO THE THE CITY SETBACK REQUIREMENTS. 2. TREE CLEARING WILL BE REQUIRED FOR THE ROADAND STORMWAER 6j n MANAGEMENT CONSTRUCTION. THERE ARE TREES SHOWN IN RED, THAT \y ILLUSTRATE TREES THAT MAY BE REMOVED FOR THE PROPOSED HOUSE En AND DRIVEWAY CONSTRUCTION. 3. A MONUMENT IS PROPOSED AND A MONUMENT EASEMENT WILL BE OBTAINED. n00 P e ' j REMOVALS: 0 ' p ! (. 1. REMOVE & DISPOSE OF EXISTING STRUCTURES ON WITHIN GRADING Z 1 M. LIMITS OR AS DIRECTED BY ENGINEER. 2. REMOVE ALL EXISTING SEPTIC & CAP EXISTING WELL LOCATIONS AS (• r.. NECESSARY, L•I -R- 2, CONTRACTOR IS TO OBTAIN ALL NECESSARY PERMITS, ETC PRIOR TO Z j_ ��,m. ' 1D'.RETBACK V ,A w a 'P AS NECESSASTRUCTURES, SEPTIC'S 8 f OR I:AFPtrJG OF EXISTING WELLS W VV ON-SITE BMPS 1. RIP RAP - RIP RAP WILL BE UTILIZED AT ALL APRONS FOR ENERGY c c t 'y \\c>, ^C•r� DISSIPATION AND PROVIDE SEDIMENT CONTROL. 2. SLOPE STABILIZATION- SILT FENCE WILL BE INSTALLED ALONG DOWN m - GRADIENT GRADING LIMITS AND WOODFIBER BLANKET WILL BE UTILIZED ON ALL SLOPES 3:1 OR GREATER TO PROVIDE ADEQUATE SLOPE niss u �,. �\ \ STABILIZATION. v E PPg f 3. BIOROLLS- BIOROLLS WILL BE INSTALLED ALONG THE STREET DITCH TO �2 ` `1 PREVENT SEDIMENT FROM REACHING THE INFILTRATION BASIN AND 30 ULTIMATELY DOWNSTREAM WETLANDS. 4. STREET SWEEPING -STREET SWEEPING WILL BE DONE A MINIMUM OF ONCOR RACKINGMORE REOUENTLY TO CONTROL DUST AND MINIMIZE VEHICLE ' '-� �7�-'�'1 •I' -- -> =�J - - f �i - - / S. PHOSPHOROUS FREE FERTILIZER - PHOSPHOROUS FREE FERTILIZER WILL \\ F SYMBOL LEGEND LOr LINE - BMLOING SETBACK BOUNDARY Note: Excavate 7dhedan seat 7b.1- finished grade during grading aclNNgg PARCFJ.000NDARYUNE DRAINAGE ANO UnLTIY EASEMENTS RIGHT.Or WAY W alovr is placement or Im blarelanilon sail durbp sLDmr sewer Installation. FLARED END SECTION IYIRIPRAR DRAWING NAGE NO. STORM STUCTURE LABEL d wEu CITY PROJECT NO, SEPTIC SNE FILE NO. EMERGENCY OVERFLOW SWALE _ DRAWN BY 2 SCIL BDRNG LOCATION AMA DULY REGISTER P OFESSIONAL ENGINEER UNDER THE �WSD THE STATE NESOTA. BENCHMARKIFOUNDIP - WERANDBUFFERMONUMENT 10114-001 PRE CONSTRUCTION SILT FENCE CHECKEDBY POST OONSTRULTIDN SILT FENCE -- SEPTK:PROTECTION FENpNG BLANKET - -- - DITCH CHECKS 4 UTILITY POLE crb TREESAVED �++4�LJ1 _ Llc.No. 44180 Date: TREE REMOYEO ' �.°y'y N `� fj - 'CIj ` '�- - ALSO BE USED ON BITE. ku -..z5 ��\.� L ,.. GENERAL NOTES: - `• Qui 1. INSTALL SILT FENCE AS SHOWN ON PLAN, AS REQUIRED BY THE CITY OF ORONO OR DIRECTED BY THE ENGINEER O - 2. A TEMPORARY SEDIMENT BASIN MUST BE EXCAVATED AT THE BEGINNING OF GRADING OPERATIONS TO PROVIDE `` `. n ' ✓ 9F ,L, TEMPORARY STORM WATER DETENTION DURING CONSTRUCTION. - r 1 Wl\ - V• _ A-� .3(7 �J 3. BEGIN GRADING, INSTALL PERFORATED RISER PIPE IN SEDIMENT BASIN WHEN POND GRADING IS COMPLETE TEMPORARY IJ +ma TDv1� r� L DRAINAGE PIPE SHALL BE USED FOR INTERMEDIATE DRAINAGE DURING THE CONSTRUCTION PERIOD AS NECESSARYAND DIRECTED BY THE ENGINEER. 4. INSPECT SEDIMENT BASIN, SILT FENCE, AND ROCK ENTRANCE BERM AFTER ALL RAINFALL EVENTS AS REQUIRED BY THE +D+a 1� 100p NPDES PERMIT. louq 5. REMOVE PERFORATED RISER PIPE WHEN STORM BASIN AND STORM SEWER HAS BEEN INSTALLED AND STABILIZED. ^IOF io 0 5. THE GRADING CONTRACTOR Is RESPONSIBLE FORALL STORM WATER INSPECTIONSACCORDIMGTOTHE MPCA STORM WATER PERMIT. THIS INCLUDES BOTH WEEKLY INSPECTIONS AND INSPECTIONS DONE AFTER ACH RAIN EVENT. A CORY OF THE INSPECTIDN REPORT MUST BE EMAILED TO THE ENGINEER AND DEVELOPER ONA WEEKLY BASIS. TF 79.4 - •� �\ _ O o 4} • _ 7. THE CONTRACTOR SHALL PLACE AND MAINTAIN AN EFFECTIVE SILT CONTROL DEVICE. INLET PROTECTION SHALL BE REMOVED WHEN RESTORATION HAS BEEN ESTABLISHED. WQ L 996.9 A- M.7 .f I a. ALL RETAINING WALLS WILL REQUIRE ASTRUCTURAL DESIGN, A BUILDING PERMIT &A FINAL INSPECTION REPORT. 18F'102U.0 • / 9. A 1"2" CRUSHED ROCK ENTRANCE BERM SHALL BE PLACED AT THE SITE ENTRANCE, TO REPLACE SILT FENCE, AND \ •P� !R y - MINIMIZE EROSION ONTO THE STREETS. THE ROCK BERMS SHALL BE THE WIDTH OF THE ENTRANCE AND 2 FEET HIGH .16.5 O .(� WITH 4:1 SLOPES. ca 77s10. - ` - n •' + d 10. THE CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE AWAY FROM THE STREETAREAS THROUC#IOUTCONSTRUCTION. •< ®® - - _ R� Y - 0�' \ f 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 UTILITY FACILITIES THAT g - $ RECEIVE ANY ERODED OR TRACKED SOIL MATERIAL OR OTHER CONSTRUCTION RIS OR MATERUIL - - . • - ' 9 ,i 12. EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THEO DEBRIS SHALL DETERMINE THE EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES BEFORE COMMENCING WORK HEAGREESTO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AMD PRESERVE ANY AND dob.. _ , ... ALL EXISTING UTILITIES. WETLAND BUFFER PLANTING NOTES 9,99 & '-1 SQA '� = 1. BUFFER AREAS DISTURBED BY GRADING OR CONSTRUCTION ACTIVITIES SHALL BE REPLANTED AND MAINTAINED PER F v v.1n N - _ , r._ `. p MINNEHAHA CREEK WATERSHED DISTRICT REGULATIONS. Eg:2. SOILS SHALL BE DECOMPACTEDTOA MINIMUM DEPTH OF 18. ORGANIC MATITRSHALLBE INCORPORATED INTO SOIL ' {` I j .ye\-� L >~ 2,y,i -• •,,_ (� ®) E y PRIOR TO RE VEGITATION. TILL 4' TO 8' OF TOPSOIL OR EXISTINGON SITE ORGANIC MATERIAL %r . 1 St+4{ ,�, �1 - ® ' f [;3�•`.% P h b j 3. SEED WETLAND BUFFER AREAS WITH mwwr 350-MES(C PRAIRIE (36.5 PLS LSSIAC) OR BWSR 34251 SEED MIS AND FERTILIZE WITH 20.0-10 AT ADO LBS,rAC }O e, x 'I • i - Q �' P s' 4. SEED ALL OTHER DISTURBED AREAS {NON WETLAND) WITH MNDOT 250 AT A RATE OF 100 LBSTAC AND FERTILIZE WITH " .. .. fl�' tilt.* . . I 2010 AT 100 UiSIAC (UNLESS OTHERWLSENOTED) ONLY PHOSPHOROUS FEE ER 15 TO BE USED ON SITE. 6. M LCH LL WITH TYFE I ATA RA E O 2TONWAC AND DISC A NCHOR IMMEDWTELYAFTER PLACEMENT I,.,- - •+y / - y �� 7. EROSION CONTROL BLANKET SHABE PLACED ON ALL SLOPES 3:1 OR GREATER B. MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED, ® J0 �_ - ® �., - Ja �- B. RESTORATION WORK SHALL BE COMPLETED WITHIN 7 DAYS OF GRADING COMPLETION. �+ = I FILTRATION SHELF NOTES: 149 �.� �•- �L ® �+ a, _ , g 1. Initial aNcevation o1 the figreBon shakes shag be dug T babw the finished Thal grade, 2. The blaratentlon soli within the filtration shakes will be installed eller the slam sewer outlet control Structure Is Installed. _1 / � l F ' ` ff i _ - (u • W+--� _ �_ i ' O `- 3. To prevent soil Cont ctloh, heavy equipment shall not be albwed within the lain gardens at any time. ^C I pa 4, The bottom or the filtration shelves shall be lllled a ninlmum of 12' prior to placing the blorelention Sall. f 5. RelatlNley IUIT equipment with tracks shall he used to excavate gra filtration &elves 6. Immediately upon completion of grading the flgratlan Shelves, sift lance shall be Inalallad per the plan to eetatltieh pedmter control. A S. The Naretengan son within the shelves will he 2 deep wRh a 6' dmintle ralsed one foot above the base of the blaetendon Sell. 9. The hiaretandon SO recommentlad by MNdatof 3149.2.1 (fine filter sand aggregate). 10, The mix far the filtration shelves should be 100% send. 11. Minnesota Mulch eSdcan supply and deliver Stin ts sdl prembced. (851) 330-0289 TYPICAL FILTRATION BENCH a ETAIL . r - _ �~ �y • A 25_..._T . _. 7.. i X17. , - • s - - , f. i - i -Is A r Z , I I ! `•'1„o, BhYCYIIIB - Y i I - ®� aP z 20 4rT/Cxf I •- I _ _ A 15,. 1L � - i'-CannegtdAerYlejo OCa �_ - - j 10 _ � 1 5 - 1 rµ. - • os .'mom f..m>v r F F A 10 r...e•��_._i._.__i-6',Perrare�DrairATe#Iveonld Ct'Anvra 10 �. r , • �+ 9'.. g3�aeed Ind, CIHA R� 2' ft and born. W wcd sib) ' i 100%M0MT 3149.4 (Fir. F4lTr Sena Aagreg.w) ' S rid FRW Medal J1 7Ndc): 50 25 0 25 50 100 r 6CALEIN 0+00 0+10 4+20 0+30 0+40 0+50 O+BD 0+7p - - _ - Note: Excavate 7dhedan seat 7b.1- finished grade during grading aclNNgg W alovr is placement or Im blarelanilon sail durbp sLDmr sewer Installation. DRAWING NAGE NO. BY DATE REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, ANWOR CONVEYANCE OF CAW 08109116 FINALPLATAPPL_jCA7ZONINFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT 1 HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT au', CITY PROJECT NO, FILE NO. p basebollfa 1 _ DRAWN BY 2 =REA70VEDPADS CAW 09119116 FINAL PLATOOMMEIfT$ _07.AIGIi-TEN, ROAD SATHRE-BERGQUIST, INC:s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY AMA DULY REGISTER P OFESSIONAL ENGINEER UNDER THE �WSD THE STATE NESOTA. gE1s Pv, SATIRIZE-BERGQUIST, INC. - FINAL GRADING PLAN 10114-001 CAW CHECKEDBY `INDEMNIFYSATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. - SATHRE-SERGOUIST,INC. RESERVES THE RIGHT TOIHOLDANYI I ITIMAE - - FUSER ROM R PARTY LE USE. RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING �- a lege P F d 150 SOUTH BROADWAY WAVZATA,MN.555B1 (952)478-6000 m '�A w ��� ORONO, MINNESOTA KINTYRE PRESERVE CHRIS BOLUS 4 CAW ATE 0DATEs ----- '- --'' -- .._ �++4�LJ1 _ Llc.No. 44180 Date: FqS PyA � STUBBS RAY ROAD NORTH m to Jr x m P' r ~#_`�•L i-: :' i �.A IAr, J'1 V� �i �.. V � , -�.© �\i/i. ft -- _ Q7. - - � °�,( ",�;- •. .sem �..� '�®�. �r®®�- � ��. d. � ! A-'�'/: t r $�t i w a t� le e)AP r. i REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I quo BUILDING SETBACK BOTRIDARP FINAL PIAT APPLICATION — REMOVED PADS_, INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PARCEL BOUNDART LINE rEgPS DRAINAGE AND UTTLIT EASEMENTS INAL PLAT COMMENTS - S7I.L-GUj'E�I ROS SSAAID AAUTHORIZATIONICONST TUTES AN ILLEGITIMATERESS USE Ahs SHALL THE N AUTHORIZATION. BY LAWS ULTHE STATER NESOTA. � ENGINEER UNDER THE � SATHRE-BERGQUIST, INC. - - -- - --- - - - - - - - -- -- - - INDEMNIFY SAT11RE-BERGOUIST, INC. OF ALL RESPONSIBILITY. STDRM STUOTURE LABEL o ... 15D SOUTH BROADWAY WAYZATA. MN. 65381 W 47&.Bcw - - - - - -- - - -- - - - -- -- SATHREBERGOUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE SEFTIGSITE m �+ E RGENCY OVERFLOW SW/LLE _ USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. Woj P '�� BENCHMARK IFDUND P s- 'Ll'. No. L-1 g I B 0 Date. PRE CONSTRUCTON �T FENCE CITY PROJECT NO. ORONO, MINNESOTA SYMBOLLEGEND LOT LINE BUILDING SETBACK BOTRIDARP PARCEL BOUNDART LINE DRAINAGE AND UTTLIT EASEMENTS RIGHT -DF WAY FLARED END SECTION WRIIPRAF •� STDRM STUOTURE LABEL 0 WELL. SEFTIGSITE - E RGENCY OVERFLOW SW/LLE SCILROMNGLOCATgN ?' BENCHMARK IFDUND P WETLAND BUFFER MONLWENT PRE CONSTRUCTON �T FENCE - POSTCONSTRUCTIONBILYFENCE -- SEPTIC PRUIECIIDN FENCING WOODFBER BLANKET DITCH CHECKS INLETPROTECIMN 4 UTILITY FCLE THEE SAVED TREE RHADVED 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 KR NOTICE. 2. INSTALL ADDITIONAL INLET PROTECTION IN THE FIRSTTWO EXISTING INLETS ON KINTYRE LANE DOWNSTREAM OF PROJECT SITE. 3. SEE SHEET A FOR ADDITIONAL EROSION CONTROL NOTES, IDB 50 D SD 100 260 SCALE IN FEET FILE NO. FINAL EROSION CONTROL PLAN 1011A-001 KINTYRE PRESERVE 5 CHRIS BOLUS 8 a4 y f/f � f t PRESERVE 1, MNRAM 12-01.15 r !r .4 a4 a1 `\ f BUFFER S ti r► BLf.a AVERAGING y A° 28QFT VF ��✓ MI lUFFER r. f+( A�IERAGNV6t ,s .} TIGAT30H.,. '.MPACT 3` } VL Ld J E h BUE~FER BUFFER. # ~ AVEFA101111&9\y AVERAGING 4 3%SQFI ItFQPACT if MPf1GP.TION LAI 71 UF FER Wetland AVERAGING,T�4 >r. M= iG2$1-15 ,:41MPAC'T..' •�.. %�! /,a7 \ �. } 5�' w, WedanS 2 PRESERVE MNRAM 12-01-15 BUFFER i ry VERWING � MITIGATION 'It t � 4I4v. l�}T • � 1:06) 50 j - i `y BUFFER 1 BUFFER 1VERAGItt n .4 ,+ . v '. 15,782 SOFT 5,289 SQFI� r'r' �: - I -(e> s11,_I _ MITIGATION. , MITIGATION- - ��AVsRtiGING' i+'r°. 1631 SQFT,;`f.'fal �.. 3 IMMW rr�/00 O } }i l; ��. BUFFER, - - C3 �AVERAG1Nf SOFT IMPACT k �l jA�QEBS ' SYMBOL LEGEND LOTLINE BU® BUILDINB SETBACK BOUNDARY AVERAGING PARCEL BOUNDARY UNE IMPACTS DRAINAGE AND UrLrrY EASEMENTS RNIHT-0F WAY FLARED END SECTION VAMP -RAP STORM STUCTURE LABEL WELL O SEPTICSITE EMERGENCY OVERFMW BWALE � SOIL BORUNG LOCATION BENCMIARKIFOUNDIP WETLAND BUFFER MONUTAENT PRE CONSTRUCTION SILT FENCE POST CONSTRUCTION SILT FENCE SEPTIC PROTECTION FENCING WOODFlBFR BIANNEi DTICHCHECKS ` e i UTRlfYPME TREE savEo TREE REMOVED .75 MNRAM 12-04-15 + R yEDA n L:TT R 9I� r'DTAD 2i C LIFFER{ AVPRAGING� : ;�iy•;' � .BUFFER 2,428 POET - AVERAGING - T / I • - IMPACT '�° 2,894.7 FT BUFFER MITIGA ION AVERAGING 50 25 0 25 50 100 5,285 NQFT MITIGATION SCALE IN FEET - III /.5pr�C1 _. `_._--_• � . . .--. � REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECTNO. FIAL' NPLATAPPLICATIONEAIOVED -RPAPB INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND - BUFFER AVERAGING PLAN FINIy�,PLP,7 G9M�jF,h(T'9, ;$jRJ}IGhT N -F OJDQ_ SATHRE-0ERGOUIST, ING.'s EXPRESS WRrrrEN AUTHORIZATION. USE WITHOUT AM A DULY REGISTER P OFES510NAL ENGINEER UNDER THE a Fo ' SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWSO THE STATE N=A. Ap y SATHRE-BERGQUIST, INC. INDEMNIFY SATHR&BERGQUIST, INC. OF ALL RESPONSIBILITY. ORONO, KINTYRE PRESERVE - - - - -- SATHREaERGOUIST, INC. RESERVESTHE RIGHT TO HOLDANY ILLEGITIMATE m 150 SOUTH BROADWAY WAYZATA, MN. b5381 (862 47&6000 -------- USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING w ... `�� MINNESOTA CHRIS BULLAS FROM ILLEGITMATE USE ea Wiem�lege, P/ �. 44FRs ptp' -- - - - - - Dale: LJ ZJ-/ S Lie, W. I'l 418 0 FILE NO. 10+114-001 U S BU® BUFFER AVERAGING AVERAGING IMPACTS MITIGATION .75 MNRAM 12-04-15 + R yEDA n L:TT R 9I� r'DTAD 2i C LIFFER{ AVPRAGING� : ;�iy•;' � .BUFFER 2,428 POET - AVERAGING - T / I • - IMPACT '�° 2,894.7 FT BUFFER MITIGA ION AVERAGING 50 25 0 25 50 100 5,285 NQFT MITIGATION SCALE IN FEET - III /.5pr�C1 _. `_._--_• � . . .--. � REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECTNO. FIAL' NPLATAPPLICATIONEAIOVED -RPAPB INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND - BUFFER AVERAGING PLAN FINIy�,PLP,7 G9M�jF,h(T'9, ;$jRJ}IGhT N -F OJDQ_ SATHRE-0ERGOUIST, ING.'s EXPRESS WRrrrEN AUTHORIZATION. USE WITHOUT AM A DULY REGISTER P OFES510NAL ENGINEER UNDER THE a Fo ' SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWSO THE STATE N=A. Ap y SATHRE-BERGQUIST, INC. INDEMNIFY SATHR&BERGQUIST, INC. OF ALL RESPONSIBILITY. ORONO, KINTYRE PRESERVE - - - - -- SATHREaERGOUIST, INC. RESERVESTHE RIGHT TO HOLDANY ILLEGITIMATE m 150 SOUTH BROADWAY WAYZATA, MN. b5381 (862 47&6000 -------- USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING w ... `�� MINNESOTA CHRIS BULLAS FROM ILLEGITMATE USE ea Wiem�lege, P/ �. 44FRs ptp' -- - - - - - Dale: LJ ZJ-/ S Lie, W. I'l 418 0 FILE NO. 10+114-001 U S mErr`— n11Lle rR IN1Eli¢pP Pr,El o° " I'""P r` LCE a/Y x rce FVL axLs IY re N Is A/a Pax rsP�rs> mm � m ss-. lam Jxo naWeRs Awsxm�eau q1(E Iql �x tlR�L�ryglC NPF mE a[n Txur M . " m' lrl� I® Fq was11 rSR� In mnx m 1 E IG" ro lY F-X/K' t rY xv Y-w�x �T r m � braL�wMEncwiR�rJwexnomiae9O TR Pu r STANDARD DETAILS INLET 1c OUTLET F.E.S. 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SA FDIEH DPEDFlPETPIL� 1• CURB CUl DETAIL STANDARD DETAILS STANDARD DETAILS STANDARD DETAILS STANDARD DETAILS STANDARD DETAILS Acct Mt RlitlE.7' PRECAST STORM SEWER LATCH BASIN MANHOLE DITCH BASIN (MAX.DEPTH 4.5') STORM SEWER BEDDING STANDARD CURB DETAILS CATCH BASIN INLET PROIECRON DETAIL Tx TI'y fw i- fA,•Tw ORfI YYi7*' TWTH REINFORCED CONCRETE TOP SLAB Ii n N Nap DRAWING NAME NO, BY DATE REVISIONS I USE (INCLUDING COPYING. DISTRIBUTION, ANDADR CONVEYANCE OF I HEREBY CERTIFY THAT THIS RAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. baseD01119 1 CAW 08=11_8 FINAL PLAT APPLICATION - _REMOVED PASS_. INFORMATION) OF THIS PRODUCT 13 STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I O'F --, DETAILS DRAWN BY 2 _CAW 09'19!'16 F1NjI,•.P�.AT G9.�1kTENT�. S7Z31!_IGF�TFN ROAD SATHR£-BERGQUIST, INC.'s EXPRESS wRIITEN AUTHORIZATION. USE WITHOUT AM A DULY REGIBTER OFESSIONAL ENGINEER UNDER THE $ /t L, 10114-001 CAW SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL 7H@iEBY UlW5 THE S7A7E NESOTA. �° 4il� A11,�T ��I , O.I'' C� I I' CHECKED BY -- -_-- _----- ---- ------- INDEMNIFY'SATIHAE-BERGDu1sT' INC. OF ALL RESPONSIa�.ln. D d 160 SOUTH BROAD WAY WAYZATA, MN.fiG387 (96z)a�B.eDDD ORONO, KINTYRE PRESERVE 7 SATHREAERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGffIMATE Rn USER OR PCAW ARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING u w W MINNESOTA 0DATE5 FROM ILLEGITMATEUSE Dele.eSWlgme e,PIE UeND L14/FO rs4y $ IF/ CHRIS BOLUS 8 H a O Z I' O m (n m m U) @.. 4 We0eee2 PREBEKVE . �' JMNRAM 120115 � ' a ill RESTORATION NOTES: 1. RESTORE ALL DISTURBED AREAS WITH 6" OF TOPSOIL, OR EXISTING OM4117EORGANIC MATERIAL. 2. DISTURBED BUFFER AREAS SHALL HAVE SOILS DECOMPACTEO TO A DEPTH AOF 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 OR NATIVE PLANINGS APPROVED BYTHE DISTRICT. 4. SEE POND SLOPES WITH MNIDOT 310 OR BWSR PB SEED MIX AT A RATE OF 100 LBS/ACRE AND FERTILIZE WITH 2O10-10AT 1D0 LBSJACRE. 6, SEE ALL OTHER DISTURBED AREAS WITH MNDOT250 & BWSR SEE MIX FOR WETLANDS ATA RATE OF 100 LBSIACRE AND FERTILIZE WITH A 2D-0-10 AT 100 UBS/ACRE (UNLESS OTHERWISE NOTED 6.ONLY PHOSPHOROUS FEE FERTILIZER M70 BE USEDON SITE. 7. MULCH WITH TYPE 1 AT A A RATE OF 2 TONM ACRE AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT. S. MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. S. RESTORATION WORK WILL B COMPLETED WITHIN 72 HOURS OF GRADING COMPLETION. 10. WETLAND BUFFERS SHALL INCLUDE LANGUAGE THAT INDICATES THE PURPOSEAND RESTRICTIONS OF THE BUFFER AS WELL AS LISTING MCWD & THEIR PHONE NUMBER (952 641-45n, . 11. RESTORE CONSTRUCTION ACCESS AFTER CONSTRUCTION IS COMPLETED 12, DE -COMPACT SOILS UNDER REMOVED HARD SURFACES AND ALL COMPACTED SURFACES PRIOR TO 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-VEGITATON. TILL 4" TOB" OF TOPSOIL OR EXISTING ON SITE ORGANIC MATERIAL 3. SEED WETLAND BUFFER AREAS WITH MNIDOT 350-MESIC PRAIRIE (36.5 PLS LBSIAC) OR BWSR 34-261 SEED MIX AND FERTILIZE WITH 20-0-10 AT ADD LBSIAC 4. SEED ALL OTHER DISTURBED AREAS (NON WETLAND) WITH MNDOT250 AT ARATE OF 100 LEIVACAND FERTILIZE WITH 20.0.16 AT 100 LBS/AC (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 BEFOREJANUARY 1 OR EACH YEAR FOR FIVE YEARS, AFTER THREE YEARS APPLICANT MAY SUBMIT WRITTEN REQUEST TO CEASE ANNUAL MONITORING IF WETLAND IS WELL ESTABLISHED (REQUIRES DISTRICT APPROVAL), 2. ANNUAL WETLAND BUFFER INSPECTION REPORT SHALL INCLUDE A. SITEPLANSHOWING 1. LOCATION OF PERMITTED BUFFER AREA. 2AREAS OF BARE SOILS OR EROSION 3. AREAS OF INVASIVE VEGETATION 4. LOCATION & TYPE OF ANY ENCROACHMENTS ON BUFFER B. COLOR FHOTDS OF WETLAND BUFFER TAKEN DURING GROWING SEASON WITH VANTAGE POINTS LABELED. G DESCRIPTION OF BUFFER VEGETATION INCLUDING: 1. LIST OF DOMINANT PLAN SPECIES & ESTIMATED PERCENT OF COVER 2 COMPARISON OF THE SPECIES PRESENT TO APPROVED PLANTING / SEEDING PLAN. D. WRITTEN NARRATNETHAT IDENTIFIES MANAGEMENT STRATEGIES TO BE UTILIZED DURING UPCOMING GROWING SEASON TO MANAGE INVASIVE SPECIES, IMPROVE PERCENT COVER & SPECIES DIVERSITY & MITIGATE ENCROACHMENTS. WETLAND BUFFER - DISTURBED BUFFER MANAGEMENT& MAINTENANCE PLAN: YEAR 1: 1. SEEDED WETLAND &BUFFER AREAS SHALL BE MOVED TO A HEIGHT OF 4TOG INCHES A MINIMUM OF TWO TIMES DURING THE FIRST GROWING SEASON & BEFORE SEPTEMBER 30. 2. INVASIVE & NOW NATWE 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 SPRING BEFORE DESIRABLE SPECIES EMERGE 4. HERBICIDE TREATMENTS SHALL BF APPLIED ACCORDING TO LABEL INSTRUCTIONS. YEAR 2: 1. AREAS OF IINASIVE 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. SE DED BUFFER AREAS SHALL BE MOWED TO A HEIGHT OF 6 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 BUFFERAREAS SHALL BE TREATED WITH RODEOOR ROUNDUP HERBICIDE IN LATEOCTOBER. S. 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 MAMRE. 2, SPOT SPRAY PERENNIAL WEEDS AS NECESSARY. 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 4 j PROPOSED CONIFERS TREE EXISTING TREE SAVED �} BUCKTHORN REMOVAL AREA GARLIC MUSTARD REMOVAL AREA /1] 60 30 a 30 60 120 1 SCALE IN FEET REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS Cm PROJECTNO.LANDSCAPE PLAN &WETLAND BUFFER FILE NO. FINAL PLAT APPLICATION - REMOVED PADSINFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERNSIONAND THAT I 0�A6 8j+R6 _ sahiRE�ERGpUIST,INC;a EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AMAbULY REGISTER P OFESSKINAL ENGINEER CINDER THE �.. -- MAINTENANCE &MONITORING PLAN 10114-001 7NAL PLAT �QMME.NT$,-$T�IVISIiJz=N,gO�,D_ ° SATHRE-BERGQUIST, INC. SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USEAND SHALL THEREBY THE STATE NESOi0. A w -- - -- - -- - - - - - - - INDEMNIFY SATHRE-BERGOUIST, INC. OF ALL RESPONSIBILITY. m ... a 150 SOUTH BROADWAY WAYZATA, MN. 55997 (8521 47813 0 0 0 O RONO, KINTYRE PRESERVE $ - - -- - - - - - -- - - - - SATHRE-SERGOUIST. INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ° FROM LLEGRMATEUSE.YRESP{]NSIBLEFORDAMAGE3ORL058ESRESULTING MeB ape P `%. F�� MINNESOTA CHRIS BOLUS p Dale: -ice/ �S- Lh.Na 'Y7190 �° v` p "r I RESTORATION NOTES: 1. RESTORE ALL DISTURBED AREAS WITH 6" OF TOPSOIL, OR EXISTING OM4117EORGANIC MATERIAL. 2. DISTURBED BUFFER AREAS SHALL HAVE SOILS DECOMPACTEO TO A DEPTH AOF 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 OR NATIVE PLANINGS APPROVED BYTHE DISTRICT. 4. SEE POND SLOPES WITH MNIDOT 310 OR BWSR PB SEED MIX AT A RATE OF 100 LBS/ACRE AND FERTILIZE WITH 2O10-10AT 1D0 LBSJACRE. 6, SEE ALL OTHER DISTURBED AREAS WITH MNDOT250 & BWSR SEE MIX FOR WETLANDS ATA RATE OF 100 LBSIACRE AND FERTILIZE WITH A 2D-0-10 AT 100 UBS/ACRE (UNLESS OTHERWISE NOTED 6.ONLY PHOSPHOROUS FEE FERTILIZER M70 BE USEDON SITE. 7. MULCH WITH TYPE 1 AT A A RATE OF 2 TONM ACRE AND DISC ANCHOR IMMEDIATELY AFTER PLACEMENT. S. MAINTAIN ALL SILT FENCE UNTIL TURF HAS BEEN ESTABLISHED. S. RESTORATION WORK WILL B COMPLETED WITHIN 72 HOURS OF GRADING COMPLETION. 10. WETLAND BUFFERS SHALL INCLUDE LANGUAGE THAT INDICATES THE PURPOSEAND RESTRICTIONS OF THE BUFFER AS WELL AS LISTING MCWD & THEIR PHONE NUMBER (952 641-45n, . 11. RESTORE CONSTRUCTION ACCESS AFTER CONSTRUCTION IS COMPLETED 12, DE -COMPACT SOILS UNDER REMOVED HARD SURFACES AND ALL COMPACTED SURFACES PRIOR TO 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-VEGITATON. TILL 4" TOB" OF TOPSOIL OR EXISTING ON SITE ORGANIC MATERIAL 3. SEED WETLAND BUFFER AREAS WITH MNIDOT 350-MESIC PRAIRIE (36.5 PLS LBSIAC) OR BWSR 34-261 SEED MIX AND FERTILIZE WITH 20-0-10 AT ADD LBSIAC 4. SEED ALL OTHER DISTURBED AREAS (NON WETLAND) WITH MNDOT250 AT ARATE OF 100 LEIVACAND FERTILIZE WITH 20.0.16 AT 100 LBS/AC (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 BEFOREJANUARY 1 OR EACH YEAR FOR FIVE YEARS, AFTER THREE YEARS APPLICANT MAY SUBMIT WRITTEN REQUEST TO CEASE ANNUAL MONITORING IF WETLAND IS WELL ESTABLISHED (REQUIRES DISTRICT APPROVAL), 2. ANNUAL WETLAND BUFFER INSPECTION REPORT SHALL INCLUDE A. SITEPLANSHOWING 1. LOCATION OF PERMITTED BUFFER AREA. 2AREAS OF BARE SOILS OR EROSION 3. AREAS OF INVASIVE VEGETATION 4. LOCATION & TYPE OF ANY ENCROACHMENTS ON BUFFER B. COLOR FHOTDS OF WETLAND BUFFER TAKEN DURING GROWING SEASON WITH VANTAGE POINTS LABELED. G DESCRIPTION OF BUFFER VEGETATION INCLUDING: 1. LIST OF DOMINANT PLAN SPECIES & ESTIMATED PERCENT OF COVER 2 COMPARISON OF THE SPECIES PRESENT TO APPROVED PLANTING / SEEDING PLAN. D. WRITTEN NARRATNETHAT IDENTIFIES MANAGEMENT STRATEGIES TO BE UTILIZED DURING UPCOMING GROWING SEASON TO MANAGE INVASIVE SPECIES, IMPROVE PERCENT COVER & SPECIES DIVERSITY & MITIGATE ENCROACHMENTS. WETLAND BUFFER - DISTURBED BUFFER MANAGEMENT& MAINTENANCE PLAN: YEAR 1: 1. SEEDED WETLAND &BUFFER AREAS SHALL BE MOVED TO A HEIGHT OF 4TOG INCHES A MINIMUM OF TWO TIMES DURING THE FIRST GROWING SEASON & BEFORE SEPTEMBER 30. 2. INVASIVE & NOW NATWE 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 SPRING BEFORE DESIRABLE SPECIES EMERGE 4. HERBICIDE TREATMENTS SHALL BF APPLIED ACCORDING TO LABEL INSTRUCTIONS. YEAR 2: 1. AREAS OF IINASIVE 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. SE DED BUFFER AREAS SHALL BE MOWED TO A HEIGHT OF 6 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 BUFFERAREAS SHALL BE TREATED WITH RODEOOR ROUNDUP HERBICIDE IN LATEOCTOBER. S. 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 MAMRE. 2, SPOT SPRAY PERENNIAL WEEDS AS NECESSARY. 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 4 j PROPOSED CONIFERS TREE EXISTING TREE SAVED �} BUCKTHORN REMOVAL AREA GARLIC MUSTARD REMOVAL AREA /1] 60 30 a 30 60 120 1 SCALE IN FEET REVISIONS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS Cm PROJECTNO.LANDSCAPE PLAN &WETLAND BUFFER FILE NO. FINAL PLAT APPLICATION - REMOVED PADSINFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERNSIONAND THAT I 0�A6 8j+R6 _ sahiRE�ERGpUIST,INC;a EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT AMAbULY REGISTER P OFESSKINAL ENGINEER CINDER THE �.. -- MAINTENANCE &MONITORING PLAN 10114-001 7NAL PLAT �QMME.NT$,-$T�IVISIiJz=N,gO�,D_ ° SATHRE-BERGQUIST, INC. SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USEAND SHALL THEREBY THE STATE NESOi0. A w -- - -- - -- - - - - - - - INDEMNIFY SATHRE-BERGOUIST, INC. OF ALL RESPONSIBILITY. m ... a 150 SOUTH BROADWAY WAYZATA, MN. 55997 (8521 47813 0 0 0 O RONO, KINTYRE PRESERVE $ - - -- - - - - - -- - - - - SATHRE-SERGOUIST. INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE ° FROM LLEGRMATEUSE.YRESP{]NSIBLEFORDAMAGE3ORL058ESRESULTING MeB ape P `%. F�� MINNESOTA CHRIS BOLUS p Dale: -ice/ �S- Lh.Na 'Y7190 �° v` p BOLTON & MENK 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- 1952) 44.8-8838 Fax: 1952) 448-8805 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 1. 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 ($458,442.00) 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:\0RK0\C13109539\15-3763_200 Stubbs Bay Road\Final Plat\Reviews\KinLyrePreser a FinalPlat 2916-10-05.dom Bolton $ Menk is an eoual oonortunity emolover. 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, Bo!tan & Menk, Inc. Robert E. Bean, Jr., P.E. Water Resources Engineer H:\ORNO\C13109539\15-3763200 Stubbs Bay Road\Final Plat\Reviews\RintymPre rve FlnalPlac 2016-10-05.dom Bolton & Menk is an enual onnortunity emaiover I r'1 -j6 ' 2638 Shadow Lane, Suite 200 - Chaska, MN 55318-1172 f { Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.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 1" 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 0133 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. C-LAF 64 Robert E. Bean, Jr., P.E. Water Resources Engineer Council Development Contract Pending Revisions 12/$/16 Exhibit E Page 1— Heading (in box): a) remove "and City" as there are no city -installed improvements; b) under the words "Kintyre Preserve" add two lines: PROJECT NO. 15-3763 (Final Plat File #16-3860) Page 9 In item 23A, insert words "and Review #2 dated October 5, 2016," Page 9 — In item 23D incorporate the following sentences to be in compliance with the agreed-upon road construction procedure: "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." Page 10 — re Item 24 - Summary of Security Requirements, the insert should read: Improvements (including landscaping) $448,442.00 Escrow (Engineering oversight) S10,000.0 Total Security $458,442.00 (reserved for recording information) DEVELOPMENT CONTRACT (Developer and City Installed Improvements) Kintyre Preserve AGREEMENT dated _. 20__, by and between the CITY OF ORONO, Minnesota municipal corporation (the "City"), and TAMARACK HILL PROPERTIES, INC., a Minnesota Corporation (together, the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for KWVTYRE 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. 190443v2 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"), which have been received and approved by the City. 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 — Preliminary Site Plan — Sheet 1 of 8 — last dated 9/19/16 Plan C — Final Street Plan — Sheet 2 of 8 — last dated 9119/16 Plan D — Final Utility Plan — Sheet 3 of 8 — last dated 9/19/16 Plan E — Final Grading Plan — Sheet 4 of 8 — last dated 9/19/16 Plan F — Final Erosion Control Plan — Sheet 5 of 8 — last dated 9/19/16 190443v2 2 Plan G — Buffer Averaging Plan — Sheet 6 of 8 — last dated 9/19/16 Plan H — Details Sheet 7 of 8 — last dated 9119116 Plan I — Landscape & Wetland Buffer Mon. & Maint. Plan — Sheet 8 of 8 last dated 9/19/16 Plan J — SWPPP — Sheet 1 of 1 — last dated 8/9/16 Plan K — Conservation Design Report & Master Plan dated June 17, 2015 Plan L — Tree Inventory and Preservation Plan — Sheets 1 and 2 of 2 — last dated 8/9/16 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. 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 Ievel 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 190443v2 3 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 (3 0) 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. 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 comers 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, 2018, 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 190443v2 4 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 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 fiill compliance with the approved erosion control plan. 190443v2 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 (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 19D443v2 6 accomplish the needed maintenance and to assess the benefited 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 balance of the escrow account is insufficient to reimburse the City its 19044342. 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 Iot 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 the final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 23. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. 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 the Orono City Council on September 14, 2015; (2) Engineering Review #1, 190443v2 8 dated September 2, 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. The City shall not sign the Final Plat approval until the Minnehaha Creek Watershed District ("MCWD") issues its approval and permits for the development of the Land as required. The City will not sign 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. C. The Developer shall establish a homeowners association with covenants providing that the homeowners association will be responsible for all fixture 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. D. 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 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. E. All lots have been tested and found capable of providing suitable primary and alternate sites for on-site sewage treatment systems. 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. 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. 190443v2 F. All of the proposed lots must contain suitable area meeting all established setback requirements to allow the construction of single family residences. G. 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. H. 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 (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: Landscaping Improvements Total Security $448,442.00 $10,000.00 $45$,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 190443v2 10 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, and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 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 0.00 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. 190443v2 11 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. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and thud parties for damages sustained or costs incurred resulting from Plat approval and development of the Land. The Developer shall indemnify the City and its off -kers, 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 (3 0) 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 140443.2 12 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 five (5) business days 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. 29. MISCELLANEOUS. A. 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. D. Grading and one lift of asphalt shall be installed on all streets prior to issuance of any building permits for any portion of the Land other than Lots 5 and Lot 6 for which building permits may be approved subject to the Orono's fire chiefs approval of access through the existing access from Stubbs Bay Road. Developer shall record a declaration that prohibits Lot 5 from utilizing the access to Stubbs Bay so long as Lot 6 may utilize the access. The Developer may transfer the access rights to Lot 6, provided Lot 5 is prohibited from utilizing the access to Stubbs Bay. The terms and conditions of the declaration must be reviewed and approved by the City. The City shall be named as a beneficiary of the declaration and shall have the right to enforce the terms of the declaration. In the event the City is required to enforce the terms of the declaration the City shall have the right to charge and assess those expenses to Iot 5 and 6 equally. 190443v2 13 E. 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. F. 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. G. 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. H. 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, 190443v2 14 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. J. 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 PIans, 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. 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. 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: 220 Stubbs Bay Road, Orono, MN 55356. 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. 190443x/2 15 loco _M_` Q Z11 IZ1W(1; to (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF ]HENNEPIN ) Lili Tod McMiIlan, Mayor Jessica Loftus, City Administrator 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 ) ( ss. COUNTY OF IHENNEPIN ) 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 190443v2 16 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 190443x2 17 1 W4 ,,1180 W41 TO DEVELOPMENT CONTRACT Parcel 1: Part of the West 1/2 of the Southeast 114 of Section 32, Township 118, Range 23 as follows: Beginning at the southwest corner of the Northwest 1/4 of the Southeast 114 of Section 32, Township 118, Range 23; thence East 13 113 rods; thence North 12 rods; thence West 13 113 rods; thence North 30 rods; thence East 80 rods to the East line of said Northwest 114 of the Southeast 114; thence South 42 rods; thence West to a point 14 113 rods east of point of beginning, thence South 1 rod; thence West 14 113 rods; thence north 1 rod to point of beginning. Abstract Property.. Parcel 2: Lot 2, Block 1, Tamarack Hill, Hennepin County, Minnesota. Abstract Property. 190443v2 18 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 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) 2016. Christopher W. Bollis Rachel A. Bollis 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 KNmoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 190443v2 19 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT Tamarack Hill Properties, Inc., a Minnesota corporation, 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. Tamarack Hill Properties, Inc., a Minnesota corporation Christopher J. Bollis, President STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) 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 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 190443r2 20 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 —'20 Tradition Capital Bank M. STATE OF MINNESOTA } ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 20___, by the Capital Bank, on its behalf. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTsoN Professional Association Grand Oak Office Center I 860 Blue Jentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 190443v2 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 ame 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 (3 0) days prior to the renewal date. This Letter of Credit sets forth in frill 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. Its 190443v2 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: ADDRESS: AGENT: WORKERS' COMPENSATION COVERAGE POLICY # EFFECTIVE DATE 1 I 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 POLICY # INSURANCE COMPANY: EXPIRATION DATE / / Disease Employee Limit EFFECTIVE DATE / / EXPIRATION DATE—/ 1 ( )Claims Made { )Occurrence ( )Owner's & Contractors Protective LIMITS: General Aggregate Limit (Other Than Products -Completed Operations) Products -Completed Operations Aggregate Lieut Personal & Advertising Injury Limit $ Each Occurrence S 190443v2 23 ( ) Other COVERAGE PROVIDED Operations of Contractor: Yes No Operations of Sub -Contractor (Contingent): Yes No Does Personal Injury Include Yes No Claims Related to Employment: Yes No Completed Operations/Products: Yes No Contractual Liability (Broad Form): Yes No EXCEPTIONS: AUTOMOBILE LIABILITY POLICY # Government Immunity is Waived Yes No Property Damage Liability Includes Damage Due to Blasting Yes No Damage Due to Collapse Yes No Damage To Underground Facilities Yes No Broad Form Property Damage Yes No EFFECTIVE DATE: _ 1 EXPIRATION DATE: t / INSURANCE COMPANY: ( )Any Auto ( )All Owned Autos ( )Scheduled Autos ( )Hired Autos ( )Non -Owned Autos LIMITS: Bodily Injury $ Each Person / $ Each Occurrence OR Combined Single Limit $ Property Damage $ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY # EFFECTIVE DATE: l / EXPIRATION DATE: I 1 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: On: By: MN License # Authorized Insurance Representative 190443v2 24 Council DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND Exhibit F EASEMENTS KINTYRE PRESERVE 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"). Recitals 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. 188927A 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 A" 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. 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 easement 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 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 fiends 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 188927vr 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 188927A 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 18s927vt 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 iss927vl 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. 10.5 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-govemmental 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 (3 0) 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 Uwners' and Occupants' Acts. An Uwner 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 (113) 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 188927A 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 188927vl IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth above. [Declarant] By: Name: Title: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged 20 by a Minnesota INL)Lary ruviiQ This instrument was drafted by: MULLIGAN & BJORNNES PLLP 401 Groveland Avenue Minneapolis, MN 55403 (612) 871-1800 21 188927v1 before me this the on befall day of _ of of the Exhibit A Proverty Lots 1 through 7, and Outlot B, Kintyre Preserve, Hennepin County, Minnesota. 22 188927v1 Exhibit B Drainfield Sites a] 1ss927vl Council Exhibit G 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. BoDis and Rachel A. Bollis, husband and wife, and Christopher J. Bollis and Gail M. Bollis, husband and wife, (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"), alI 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. Tem or 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 Lots 4 and 5 become separately owned; II. At such time that a permit for home construction is issued for Lot 4; III. At such time that a permit for demolition or new home construction is issued for Lot; In the event 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 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 thein 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. Scope. 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 of page intentionally left blank] 2 188926v1 Owner has caused this Agreement to be executed and delivered as of the date first above written. 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. Christopher W. Bollis Rachel A. Bollis STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ 2016, by Christopher W. Bollis and Rachel A. Bollis, husband and wife. Notary Public 3 188926v1 day of Exhibit A Lot 4 Lot 4, Kintyre Preserve, Hennepin County, Minnesota. 188926v1 Exhibit B Lot 5 Lot 5, Kintyre Preserve, Hennepin County, Minnesota.. 188926v1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 Council 7:00 o'clock pm. Exhibit H 13. #16-380 SARYAN CUISINE DEVELOPMENT, LLC, ON BEHALF OF P. COMPANY, 23QO SHADYWOOD ROAD, CONDITIONAL USE PERMIT (cantina Mc -Millan common d this building has been vacant for a long time and that /thIneiould like to see the building util d. McMillan stated this is a good opportunity and thaof the proposal. Walsh stated in his vi it is a positive for the residents of Navarre. Printup stated his under g is that the owner could come back before thor license, which would reopen the issue. Mattick indicated that is corn 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 eoffee/bageI shop forever. Mattick stated it will be recorded agaffist the land and that theAse can last forever. Walsh moved, Printup seconded, to ad t RESOL N NO. 6671, a Resolution Granting a Conditional Use Permit for Coffee Bage stall Sto nrsuant to Orono Municipal Code Secfanrn 78-764, File No. 163856. Levang requested both, property owners do their to work out the parking situation to avoid any long - t mm animosity. VOTE: Ayes 4, Nays 0. *14. #16-3857 GEORGE7N. P. � JUDY 1 RETREAT (540 OLD CRYST Y ROAD) — FINAL PLAT, CRYSTAL BAY NO. 6672 Levang moved, Walsh secon0d, to adopt RESOLUTION NO.6672, a Resolution Approving the Plat of CryZOTAL 540 Old Crystal Bay Road Sout File No. 16-3857. VOTE: Ayes 4, Nays 0. *15. #15AUL CAMERON ON BEHALF OF Ftt _IJN CAPITA,, LLC, 185-2AL BAY ROAD NORTH — FINAL T — RESOUTIONNO.6673 Levangmoded, to adopt RESOLUTION NO.6673, a lotion Approving the Plat of Cry185 and 225 Old Crystal Bay Road North, File 15-3749 and #16- 3858. V 16. #15-3763/163860 CHRISTOPHER BOLLLS, 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 iM1[N=S OF THE ORO -NO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763116-3860 CHRISTOPHER BOLUS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (conanued) The applicants have applied for final plat approval in order to finalise 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: 1. 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 configm-ation just north of the existing cel -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 effect, which addresses speeding concerns voiced by the neighbors during the preliminary plat review. 2. Road construction process. Condition $ of the preliminary plat resolution is a requirement that road construction equipment gain access via Stubbs Bay 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 2.50 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 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 Oudot A. 3. Future use of the driveway in Outlot A, Tamarack Hill. The applicants have requested that the gravel driveway currently serving the existing homes at 300 and 350 Stubbs Hay Road North be allowed as access for Lots 5 and/or 6 for some indeterrainate amount oftime, potentially related to construction of homes on either lot prior to completion of the new road and cul-de-sac romp 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 CrrY COUNCIL MEETING Monday, September 12, 2016 7:08 o'clock p.m. 16. #15-3763t16-3860 CHRISTOPHER BOLUS, 2M250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (condnued) C. 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. 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 are not using. E If the driveway is abandoned, it should be revegetated to eliminate unnecessary hardcover. Gaffon stated Staff will 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 atbempting to meet. The second benefit ofthe 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 contractor 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 where 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 dome 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. Gafiron asked if the bituminous trucks will also be going up and down Kintyre. Page 13 of 34 A NOTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7.00 o'clock p.m. 16. #15-3763/16.3860 CE RMTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REYIIEW {coattnsw4 Bollis 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. B ollis stated as it relates to the third issue, future use of driveway, he has a proposal for that use. GaBxon 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 outlet. 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 road 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 final lift of asphalt on Kintyre Lane. Bollis stated in this situation he feels 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. Lot 6 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 We 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. MalMillan 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 dawn considerably once the new road is in. Levang asked how long the road has existed. Page 14 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #15-3763/16-3860 CHRISTOPHER BOLLIS, 200-250 STUBBS BAY ROAD NORTH — FINAL PLAT REVIEW (continued) 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_ McMillan 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 mad 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 a 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 roads 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 favor of it. Walsh commented he now understands the concept ofthe 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-off 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 Staffs 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. Page 15 of 34 NUNUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 16. #1"763/16-3860 CHRISTOPHER BOLL -IS, 200-250 STUBBS BAY ROAD NORTH — FIh'AL PLAT REVIEW (coat Ave) 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 has very specific ordinances about multiple access points. Fleming indicated he is the third owner on Outlot 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. Fleming indicated he would prefer to we the secondary access eliminated since there is a road 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. Gaffron 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 might be five years before both homes are constructed and that perhaps there should be a sunset clause on it. Gaffron 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 Staffwill bring back the approval resolution at the next Council meeting. The City Council took no formal action on this item. to 17. LEVEL II HOME OCCUPA LICENSE 5 FOREST LAKE LANDING Barnhart stated the property owners at 4415 F e Landing would like to use their property for indoor piano ooncerts 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 later than 7 p.m., it triggers a Level II home occupation. Page 16 of 34 Date Application Received: 8112/1.6 Date Application Considered as Complete: 8112116 60 -Day Review Period Expires: 10/11/16 Department Approval: Name: Michael P. Gaffron Title: Senior Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Y"_4 Council Exhibit 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 $/5/16 B — Draft Final Plat Drawing C — Final Development Plans D — City Engineer Comment Letter 9/2/16 E — Plan Excerpts re Horizontal Curve Radius Variance F — Draft Covenants G — Proposed Septic System Agreement H — Preliminary Plat Approval Resolution No. 6536 (9114/15) 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 15-3763/16-3860 September 8, 2016 Page 2 many times the ultimate loss of said tree during or shortly atter 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, or potentially in perpetuity. Code Section 18-136(a), ResidenFial driveways, *preaches and turnaround states that "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 drivewayapproach 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 staff s 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. Council Exhibit J COST SHARING AND MAINTENANCE AGREEMENT AND TEMPORARY EASEMENT THIS COST SHARING AND MAINTENANCE AGREEMENT AND TEMPORARY EASEMENT (this "Agreement") is made this day of November, 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"), Kristine E. Knorp, a single individual ("Knorp"), 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". 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 Iegally 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, Knorp, 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. FA 4. Costs and Expenses; Cost Sharin . The Kintyre HUA 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 -parry 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 3 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. S. 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. Tempoga 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, 4 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. Priori . 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-, Liabili • Indemnjjy. 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 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. Authori . 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 Parry 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 Parry. 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] 6 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 COUNTY OF )ss. } KINTYRE OWNERS: The foregoing instrument was acknowledged before me on this day of fj— �, 2015 by Eric C. Miller and Cheryl K. Miller, husband and wife. votaryPublic [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] STATE OF COUNTY OF � n )ss The foregoing instrument was acknowledged before me on this � ({, day of �� C: , 2016 by Kadee Watkins. M DERICHlicesotaExpires2020 STATE OF ) ) ss COUNTY OF ) C 4kh4l Notary Public CHRIS WATKINS The foregoing instrument was acknowledged before me on this Wb day of 2016 by Chris Watkins. KEVW RV= �]► MMSIMM PWft WOMW J= X 202b [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] MICHAEL ROLL JACQ LINE WILLIAMS-ROLL 1O` STATE OF ) )SS COUNTY OF { ) The foregoing instrument was acknowledged before me on this day of 2016 by Miebael Roll and Jacqueline Williams -Roll, husband and wife. vrt -Ai t1 & 10 STATE OF Q yI Se7 ) ) ss COUNTY OF e#LLq} The foregoing instrument was acknowledged before me on this _ i ✓ day of 2016 by Christopher Eper esy and Beth Eperjesy, husband and wife. iARIIYN R OCH$MER-00fMWpOp fthrp poo mono" my Comm, FWM �o ae, amsc [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] KRISTINE E. KNORP STATE OF } } ss COUNTY OF ) The foregoing instrument was acknowledged before me on this day of 2016 by Kristine E. Knorp, a single individual. 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. REMO7 [Signature Page to Cost Sharing and Maintenance Agreement and Temporary Easement] IS V4`N C• tARISTOPHER BO LIS eai�2 &di -:a GAIL BOLL1S STATE OF VlinWndl ) COUNTY OF I .n )ss The foregoing instrument was aMf&O--- before me on this 1 day of 20 by Christopher Raillis, husband and wife. SARA L. FRIC KE Notary Public rrOT�► -�fA Mr halon F=hm dse. s1, Como STATE OF t. y COUNTY OF 4e- Nv1 In )Ss $USHt�A NARAYAN SCHELLPMER Notary Public State of Minnasota My Commission Expires le: January 31.2019 The Foregoing instrument was acknowledged before; me on this �,4 day of 2016 by Christopher Bollis chef Boilis, husband and wife. V Notat Public KINTYRE fIOA: 12 KINTYRE TWO HOMEOWNERS ASSOCIATION, INC. By: 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 Ptjblic 14 EXHIBIT A 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 112 of the Southeast 114 of Section 32, Township 118, Range 23 as follows: Beginning at the southwest corner of the Northwest 1/4 of the Southeast 114 of Section 32, Township 118, Range 23; thence East 13 113 rods; thence North 12 rods; thence West 13 113 rods; thence North 30 rods; thence East 80 rods to the East line of said Northwest 114 of the Southeast 114; thence South 42 rods; thence West to a point 14 1/3 rods east of point of beginning, thence South 1 rod; thence West 14 113 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 Roadwa Easement Area Outlot C, Kintyre Two, Hennepin County, Minnesota Mike Gaffron Council Exhibit K From: Fleming, Tom <Tom.Fleming@bsci.com> Sent: Monday, November 28,2016 10:28 AM To: Susan Fleming; Lili McMillan; Jim Cornickjr; Liu Levang; Aaron H. Printup; Denny Walsh; Mike Gaffron Subject: RE: Final Plat Approval-Resoution #15-3763/16-3860, Feedback on Outlot A, Tamarack Hill Inbox x Dear Members of the City Council, We did want to clarify that since we first wrote the letter which was resent to you last night, the applicants have met with us to discuss Outlot A. We appreciated the discussion with Chris and Rachel Bollis. We discussed each other's thoughts relating to a permanent secondary access variance and management of the agreement between us relating to Outlot A. We did not agree with their position and after consideration we did not propose an alternative approach as we support the city planner's recommendation on this topic. We did reach back out to Chris and Rachel and let them know that we supported the city planner's recommendation. Thank you for letting us clarify this situation. Best Regards, Tom and Susan Fleming From: Susan Fleming [mailto:sfleming23@gmail.com] Sent: Sunday, November 27, 2016 8:40 PM To: Imcm Ula n@ci.orono.mn.us; jcornickjr@ci.orono.mn.us; Ilevang@ci.orono.mn.us; aprintup@ci.orono.mn.us; dwalsh2@c1.orono.mn.us; mgafFron@ci.orono.mn.us Cc: Fleming, Tom Subject: Final Plat Approval-Resoution #15-3763/16-3860, Feedback on Outlot A, Tamarack Hill Inbox x Dear City Council Members and Senior Planner, According to the City Council agenda for November 28, 2016, it appears that the Final Plat Approval for Kyntyre Preserve is scheduled for discussion. We have attached a document that we sent each of you prior to the Oct. 10th meeting regarding Outlot A, Tamarack Hills before this item was removed from the agenda. We support the staff recommendation described in the CA memo dated Nov 22nd regarding Outlot A, Tamarack Hills and do not support a variance granting permanent secondary access to Lots 5 and 6. We plan to attend the meeting on Nov. 28th to participate in the discussion of Outlot A, Tamarack Hills. If you have any questions, please feel free to contact us. Sincerely, Tom and Susan Fleming 300 Stubbs Bay Road Mike G ffron From: Susan Fleming <sfleming23@gmail.com> Sent: Sunday. November 27, 2016 8:40 PM To: Lili McMillan; Jim Cornickjr; Liu Levang; Aaron H. Printup; Denny Walsh; Mike Gaffron Cc: Tom Fleming Subject: Final Plat Approval-Resoution #15-3763/16-3860, Feedback on Outlot A, Tamarack Hill Inbox x (Attachments: Outlot A Feedback.docx Dear City Council Members and Senior Planner, According to the City Council agenda for November 28, 2016, it appears that the Final Plat Approval for Kyntyre Preserve is scheduled for discussion. We have attached a document that we sent each of you prior to the Oct. 10th meeting regarding Outlot A, Tamarack Hills before this item was removed from the agenda. We support the staff recommendation described in the CA memo dated Nov 22nd regarding Outlot A, Tamarack Hills and do not support a variance granting permanent secondary access to Lots 5 and 6. We plan to attend the meeting on Nov. 28th to participate in the discussion of Outlot A, Tamarack Hills. If you have any questions, please feel free to contact us. Sincerely, Tom and Susan Fleming 300 Stubbs Bay Road October 9, 2016 Thomas & Susan Fleming 300 Stubbs Bay Road Orono, MN 55356 Subject: Item #15-3763116-3860 Christopher & Gail BollisiChristopher & Rachel Bollis 200-350 Stubbs Bay Road North Dear City Council Members, We would like to provide feedback on the Final Plat Approval-Resoution for Kyntyre Preserve, specifically related to the Future Access Use of Outlot A, Tamarack Hill referenced in item #9 of the CA memo dated October 7, 2016. As part owner of Outlot A, Tamarack Hill, we feel the back driveway should not become permanent and should be abandoned once the public road through Kyntyre Preserve is established. We fully agree with the staff's recommendation to the City Council based on the four - point scenario presented on page 4. Our support for this scenario is detailed below: 1. The sole existence of Outlot A is to provide driveway access to a single home in Tamarack Hill, Lot 2. Tamarack Hill, Lot 2 will be eliminated with the development of Kyntyre Preserve. A new public road will serve lots 5 and 6 with driveway access from this road. The absorption of Tamarack Hill, Lot 2 into Kyntyre Preserve eliminates the original intent for the establishment of Outlot A. 2. The applicant has expressed concern that the only viable access to the storage barn on Lot 5 is via the gravel driveway on Outlot A. The barn in question is not connected to the gravel driveway that runs through Outlot A, Tamarack Hill. The gravel driveway ends at the home garage entrance. A new driveway access to the shed would have to be established regardless during development of Lot 5. 3. No effort was made by the applicant to meet with us and discuss "secondary" access to Kyntrye Preserve or to define what "secondary access" means in terms of construction, access easements or long term maintenance. This dialog was discussed during the City Council meeting on September 12th, 2016 and verbally affirmed outside chambers after the meeting. It appears from the applicant proposal that the plan for Outlot A, Tamarack Hill has not changed since the City Council meeting on 9112116. 4. The request by the applicant to establish secondary access for Lots 5 and 6 is not allowed according to Code Section 18-136(a), Residential driveways, approaches and turnaround which states "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. "This proposal requires a variance for two items within Code Section 18-136(a). Secondary driveway access for Lots 5 and 6 should not be approved under the terms of the code. 5. We believe that restoring the creek and planting the wetland area will add value to the area. As co-owners of this parcel we are willing to participate in the restoration of this parcel. Currently, Dick Stubbs at 400 Stubbs Bay Road and ourselves maintain and mow the area adjacent to the driveway on Outlot A since the applicant does not live on the property at 350 Stubbs Bay Road. 6. If this variance is granted, we request that as a contingency for the final plat approval of Kyntrye Preserve, that an executed agreement between the applicant and Tom Fleming be developed that dictates access agreements, maintenance responsibility, defines "secondary access" and addresses property transfer rights for Outlot A, Tamarack Hill. Thank you for your attention to this matter. Sincerely, Tom and Susan Fleming 300 Stubbs Bay Road Orono, MN 55356 Tom.flemingObsci.com sflemina230,,gmaii.com Council Exhibit L CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 450 '9 A RESOLUTION APPROVING THE PLAT OF TAMARACK EML FILE NO. 2607 WHERE A92 the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and AREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a two (2) lot residential plat by John E. Vogt and Maureen C.P. Vogt, husband and wife, and Michael J. Hilbelink and Ann Hilbelink, husband and wife (hereinafter "the subdividers"); and WHEREAS, the subdivision has been found to meet all standards of the RR 113, 2 Acre. Single Family Rural Residential Zoning District finding that each lot is of a size and configuration that would allow its use for a single family residence to be fully developed; and ViIIREAS, the subdivider has completed orhas agreed to complete all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 4498, the resolution granting preliminary approval of the subdivision. 2. Dedication on the plat of standard perimeter drainage and utility easements. 3. Oudot A is platted NY wide to accommodate a road should one be required in the future to provide access to additional lots without direct access to a road. Future use of Outlot A as a road shall require approval by the Orono City Council, It is= the intent of the Council that Outlot A be opened for any use other than a driveway until such time additional right-of-way would be required. Page 1 of 4 qb CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4507 4. Drainage easements are dedicated on the final plat and conservation and flowage easements are granted for all City of Orono protected wetlands as identified on the Wetland Inventory Maps. 5. Covenants will be filed in the chain of title for each lot as an advisory to fittnre property owners that primary and secondary drainfield sites exist on the property and are protected. b. A driveway maintenance agreement has been.created to identify such maintenance of Outlot A. Lots 1 and 2 shall both access Outlot A. 7. The westerly 33' lying within the Stubbs Bay Road North right-of-way is dedicated on the plat to the public as public right-of-way. 8. Payment to the City for the final plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of $400.40. 9. Payment to the City for park dedication fees for the creation of one (1) new lot in the amount of $4,900. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Tamarack Hill, Hennepin County, Minnesota, subject to the following conditions: 1. Prior to City release of the plat for filing, applicant shall provide evidence of fee ownership of the property in a form acceptable to the City Attorney, and applicant shall meet any other title requirements and requirements of Preliminary Plat approval as may be required by the City Attorney. 2. Applicant shall provide all documents noted in this resolution in a format acceptable to the City Attorney prior to release of the plat for filing, and shall complete all conditions to the satisfaction of City staff; prior to release of the plat for filing. 3. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before February 14, 2001 together with a certified original copy of this resolution and executed copies of the easements and covenants noted above. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4507 The approval granted by this resolution shall expire if 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. Dated this 14th day of August, 2000. ATTEST: Linda S. Vee, City Clerk Gab Jabbour, Mayor STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me ou this 14th day of August, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said inshument was executed on bebalf of the City. ww , F�IDI 11. S I'UR�AN Npl�l[tf1NBIlC-to�11 Notary PubliC Page 3 of Exhibit A b STUBS BAY ---'--- s aasw00, c 411.51 ROAROAD asls.aa STUBBS BAY ROAD r _� 361.14 - 1 - — ,� ^ - 4 ''' ' Vii, rl�►s � : ' r I . c o ~' �'' • it � t g �; I 111° V t i o fd •. ,_ N \, IA: V V r 4 a 00'16' aa- w 220A3- ki ��lh � `I N _6 Page 4 of 4 11 ��� rr'Z8 IRNA �.`�--`'mow/- `.-` • , e y �� i� I F 1 �� ♦ .� �f�J 693.00 • s oa*2sl OW Or 633.20 T - - Page 4 of 4 Dupkate Filing Certiilcate RESOLUTION # 5 0 V STATE OF MINNESOTA ) COUNTY OF HENNBPLN ) Crff OF ORONO metro Legai Services ilm. Box 491 OFFICE OF 04-ITY RE=DER fUNEPig COUNTY. MINNESOTA CERTIFIED FILED AND OR At CORDED ON 00 AUG 25 PN 1= 25 t `n, 7344459 I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on A14.2000 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness V&ereof, I have hereunto set my hand and seal this I Lth _ day of August .2000. TFIAN F 6 P E 1�I'1FPEO Linda S. Vee, City Clerk uG ry TIT THIS DECLARATION OF COVENAII 9 CONDI'T'IONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT , ("Declaration") is made effective as of 21 20003. b3! 1Vli el J. IZi elinlr MW Ana M. EMelinir 11mabjUd Co e. RECITALS: A. Declarant is fee: owner of that edflain real property locatgd in Rennepin County, Minnesota legally described -on Exhibit •"A" attached hereto and made a part hereof (the "Property"). B. Declarant desires to provide, for the beheflt of gots 1'and 2 (the -'Lots") an easement for roadway purposes (the "Roadway ") • over, across, and upon Oudot , Tamarack Tull (the "Outlot% and to further provide for the maintenance, ownership, and restrictions relating to the: Roadway and the easement herein granted. NOW, THEREFORE, in consideration of .the foregoing, the Declarant hereby declares that the Lots and the Outlot are and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, .restrictions, and easennentg hereafter set forth; which shall run withthe.Property and be binding on all parties, now or hereafter havhr g any right, title, or interest in the Property and any part thereof, their heirs, successors, and assigns (each of whom are hereafter referred to individually as an "Owner" or collectively as ,"Owners"), and, shall inure to the benefit of each Owner. 1.Roadwly Easement,Declarant hereby declares and creates .a perpetual, non- exclusive private road easement over the Outiot for the benefit of the Lots and use by the Owners anti their invitees and other public service providers, such as police, fire, bus and ambulance services. 2. -Ka-inknom of Roadmay, 2.1) Lot 1 shall Pay, 1 /3'4 share and Lot 2 shall pay 2/3ne's share for any costs for maintenan a or repair of the Roadway. Maironance shall unolude woonsft on, t+e-graveling, snow removal, sanding and salting, as necessary, ligbfiA& as the Owners shall deternnine necessary; provided, however, that all Mainenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the "Cade'''). In the future, if the Owner of Lot 2 cieim vskatess the desire and ability to iinthe r suhdivi& lot 2, Owner of lot 2 shall be solely responsible, at his/her expense, for the initial costs ofconshwdon of the Roadway, which ahall in all, respects conform to the requirements of the City of Orono {"City"). After the completion of said Roadway, at that time, each Owner shall pay an equal, proportionate share of the any costs for the maintenance of the newly completed Roadway. r, 2.2j Each Owner's share of costs for Maintenance shall be due and payable on the date such costs for Maigtenw= are due and payable to the person or entity rendering an account therefor. Each Owner's share of such costs shall bear interest at a rate of eight percent (8' %) per annum from such due date to the date of 'payment. Any Owner may bring action, on behalf of the non -defaulting Owners, to collect a defaulting Owner's share of such costa• which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 2.3) The per, bona aad d" awarding of conftGa fW MAWWW= " be approved in writing by the Owners of sixty-six percent (,%,%) of tip Lots. 2.4) No Owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of the Roadway or by the abandonment of his Lot. 3. of thn QN02L Each Lot shall be sold, transferred and conveyed together with Lot 1 one -thud (1/3) and Lot 2 two-thirds (2/3) interest in the Oudot. If in the future Lot 2 further subdivides, Owner of Lot 2 will transfer one-third (1/3) interest in the Outlot to the newly created lot. In the event City shall determine it to be in the public interest to utilize the Roadway as a public street, each Owner shall, after notice in accordance with applicable provision of Code and Minnesota law, convey its interest in the Outlot to City for no.additional consideration therefor. 4 $roil 'bitWa of Use of Roadway. 4.1) No Owner shall obstruct or interfere whatever with the rights and privileges of other Owners in the Roadway and except for Maintenance of the Roadway, nothing shall be planted,. -altered, constructed upon or -removed from the Roadway. 4.2) No Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across the Roadway. 4.3) No -vehicles shall be barked in the Roadway for a continuous period of time greater than twenty-four hours. 4.4) No vehicular repair or maintenance may be conducted in the Roadway 5. Violkon and Orta ent. 5.1) 'In the event the -Owners fail to conduct Maintenance, it is agreed by all Owners that City, may undertake such Mahntenance and assess each Lot an equal, proportionate share of the Maintenance conducted by the City. Any such Maintenance conducted by the City will not result in the Roadway becoming a 2 Public roadway. Each Owner will pay to. the City its equal, incurred by the City within thirty (30) days after Owner'sr receipt Offssuch charges rtionate C t or else such charge, including attorneys' fees and costs in collectiofi thereof, shall become a lien upon the Lot for which payment has not been made. - 5.2) If an Owner shall violate any of the obligations, covenants, conditions or restrictions contained in this Declaration, the remaining owners shall- have the right to enforce this Declaration, and in the event an Owner's violation results in damage to the Roadway, Owners may restore the Roadway to its prior condition and assess the cost of such restorations against the violating Qwnee. Any such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining Owners, or any Qfthem, shall have the right and power to enforce this Declaration and to collect the cost of any Maintenance required as a result of an Owners violation, iri a legal proceeding for that purpose. The prevailing party in any such legal proceedings shall further be entitled to recover such reasonable attorney's :fees as the court may allow, together with all necessary costs, and disbursements Incurred In connection therewith. •Nothing contained in this Section S.Z is intended 'to alleviate any obligation of an Owner to pay assessments to City in accordance with Section 5.1 above. In the event any assessments are levied by City as a result of violations of an individual Owner or Owners, then such non -violating Owners may collect such sums paid to City from any violating Owner, in accordance with this Section. 6. DiMIing ffle t. This covenant shall run with the land and, shallbe binding on and inure to the benefit of the Owners, their heirs, representative, sUccessot s and assigns. 7 NO endment. This Declaration may be modified or ameAded only upols the recording of a document setting forth such amendment executes{ by al! of the In the L their mortgage lenders, City and any other party having a record interest In the Lots. 8. a era ilii . Invalidation of any covenant,condition, or restriction set forth herein by judgement or court order shall in no way affect any of the other Provisions hereof, which shall all remain in full force and effect. 9. Warranties of Title. Declarant represents and warrants that C 4sdare the lawful owner(s) of the Roadway and tale Lots and have fit11 right, title and authority to enter into this Declaration. Any mortgage lender, or other party in iyxterest a1" the bots of the Outlot, if any, $hall consent to this Declaration, winch consent shall be attached and made a part of this Declaration. 3 1J. IN WITNESS WHEREOF, the parties have hereto executed this Declaration and. covenant the day and year fust above written. STATE OF MINNESOTA ) ss. COUNTY OF ) This insh ment was acknowledged before me on this a3/..k day of 2000, by Michael J. Hil&anti AYm M. Hilbelm* k (husband as wife) Vogt and Mitureen C.P. Vo(husband and wife MARY AVN JOHNSON NaIY1RY PUBLIC • A�IPIhE9pTl1 lrari�mi�an EYpGaw,� 31, �i THIS INSTRUMENT WAS DRAFTED BY: POPHAM, HAM, �SCHNOBRICH & KAUFMAN, LTD. 3300 'Piper I$ffmy Tower 222 South Ninth Street Minneapolis, MN 55402 (61.2) 333-4800 4 ASND RRIO SERVICE'TPAYS TRANSFER ENTERED Al.1G 25 20 �I TY MINN. DEPUTY That part of the Northwest Quarter of the.Southaast garter of Section 32, Tomah 1 I North. Ran�e 23 Wetst of tate 51h Prino.i ai,f4erididn, lying North of a lire drown frM p Northwest Quart er of the Southeast Quarter distant 093 feet North of the Sptj"�t csrnr;vfi���o{ said Northwest Quarter of the Southeast Quarter, to a poiet on khe haat line of ecid'Nt cornet `Southeast Quarter distant 693 feet Aiarth vl the Southeask corner of sold Northwest 4uwest qof ter of the Sa�,thevat Quarter, except the North 220 feat of the iciest 890 feet thereof, ccm" a tjtj rl cry ; COQ c*j a I www �o t REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 15 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart ym� Planning Title Community Development Director Item Description: 16-3847 Shadywood Villas Comprehensive Plan Amendment Application Summary The Council conditionally approved a Comprehensive Plan Amendment impacting the densities of the Navarre mixed use areas and the Shadywood Villas project in August, 2016. The condition was based on the Shadywood Villas final plat being approved and recorded. With the plat approved, and recording imminent, final approval of the Comprehensive Plan Amendment is necessary. That attached resolution approves the Comprehensive Plan Amendment affecting the densities of the Navarre Mixed use areas (increasing the density from 4 to 6 units per acre) and the Shadywood Villas project. Action Requested: Approve resolution as drafted. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Met Council approval letter A t ' N \xsxo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 12191 A RESOLUTION GRANTING APPROVAL OF AMENDMENT #6 OF THE ORONO 2008-2030 COMMUNITY MANAGEMENT PLAN: 2525, 2535, AND 2545 SHADYWOOD ROAD FILE #16-3847 WHEREAS, the City of Orono (hereinafter "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, in September 2010 the Orono City Council adopted the 2008- 2030 Orono Community Management Plan (hereinafter "CMP" or "the Comprehensive Plan") to provide for the orderly development of the City, in compliance with the Metropolitan Land Planning Act of 1976 and Minnesota Statutes Chapters 462 and 473; and WHEREAS, an important element of the 2008-2030 CMP is the Land Use Plan, which identifies areas of the City which have been guided for residential use in a wide range of densities in order to provide a variety of housing options for Orono residents; and WHEREAS, the properties at 2525, 2535, and 2545 Shadywood Road (hereinafter "Property") within the City of Orono are approximately 3.67 acres in gross area, of which 1.33 acres is delineated wetland and 0.211 acres are proposed wetland buffers, leaving 2.129 acres of net buildable area; and WHEREAS, the Property was incorporated into the Metropolitan Urban Service Area (MUSA) prior to the adoption of the 2008-2030 CMP, and WHEREAS, the Property consists of three parcels with differing Land Use guidance: The western most lot (2525 Shadywood Rd) is guided Low -Medium Density Residential (at a density of 2-3 units per acre) and the eastern most lots (2535 and 2545 Shadywood Rd) are guided for Mixed Use (4-15 units per acre); and WHEREAS, the 2008-2030 CMP guiding of the Property for higher density was a result of the City's intent to meet Metropolitan Council goals for housing diversity and affordability while allowing the shoreland areas of Orono already within the MUSA to be developed at the low densities commensurate with preservation of the water quality of Lake Minnetonka; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the City has completed review of the development proposal for the Property which would result in construction of 7 single family homes on 2.129 currently developable acres for a net density for the site of 3.29 units per acre, which does not achieve the 4-15 units per acre density for which the eastern half of the property is guided; and WHEREAS, the City Council has reviewed the development proposal (Shadywood Villas) and finds that it meets a number of goals for housing as established within the Housing element of the CMP, including: Provides opportunities for a mix of housing types, locations, and cost ranges which will meet the needs and provide adequate housing for a broader range of ages, family groups, lifestyle needs and levels of income to the greatest extent practical. Provides housing types and residential densities consistent with environmental and land use plans and with the availability of public services and facilities; and WHEREAS, it is anticipated based on calculations by the City that development of this property at the proposed 3.28 units per acre density can be approved through a Metropolitan Council administratively -approved amendment to the CMP. The amendment should be considered as exempt from the 60 -day comment period by adjacent jurisdictions because it is less than 40 acres in area, it does not change any Metropolitan Growth Forecasts, and is further from adjacent jurisdictions than the City's standard notification distance. WHEREAS, on August 22, 2016, the City Council adopted resolution 6665 conditionally approving the amendment, and directing staff to forward same to the Metropolitan Council for their review, WHEREAS, Metropolitan Council staff in a letter dated September 9, 2016 indicated that the proposed amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines and does not affect official forecasts. The letter indicated that the amendment does not affect the City's ability to accommodate its share of the region's affordable housing need. The letter concluded that the City may place the amendment into effect. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council approves the following amendments of the 2008-2030 Community Management Plan: a. to re -guide the subject Property for a density of 3-7 units per acre to allow for development at a density of 3.28 units per acre rather than the 4-15 units per acre density for which the Property was guided in the 2008-2030 CMP, and b. an amendment to the Mixed Use category, supporting density ranges from 6 units to 15 units per acre, up from the 4 to 15 units per acre as currently guided. Adopted by the City Council of Orono, Minnesota this 12th day of December, 2016. ATTEST: Lili Tod McMillan, Mayor Diane Tiegs, City Clerk September 9, 2016 Council Exhibit B 16-3847 RECEIVED Jeremy Barnhart, Community Development Director SEP 15 2016 City of Orono 2750 Kelley Parkway Orono, MN 55356 CITY OF ORONO RE: City of Orono, Shadywood Villas Comprehensive Plan Amendment - Administrative Review Metropolitan Council Review File No. 20637-7 Metropolitan Council District No. 3 Dear Mr, Barnhart: We received the City's Shadywood Villas comprehensive plan amendment on August 25, 2016. The amendment reguides 2.52 acres from Mixed Use (4-15 units/acre) to Medium Density Residential (3-7 units/acre). The proposal is located at 2535 and 2545 Shadywood Road, and the reguiding would support the development of 7 single family homes on the larger 3.67 -acre site. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines revised by the Council on July 28, 2010. The proposed amendment does not affect official forecasts or the City's ability to accommodate its share of the region's affordable housing need. Therefore, the Council will waive further review and action; and the City may place this amendment into effect. The amendment, explanatory materials, and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions about this review, contact me at 651-602- 1895. Local Planning Assistance CC: Steve O'Brien, Minnesota Housing Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Jennifer Munt, Metropolitan Council District 3 Freya Thamman, Sector Representative Raya Esmaeili, Reviews Coordinator rV.1C.anrnDev'i.LP:4 Cammunitievl0rono`I.etters`(7rnno 2!116 Shadywood Villas CPA 20637_7Admrn.drx•x NNN 390 Robert Street North I erns PaW, MN 55101-190 P 651,602.1000 MT 651-291,0a04 I metroc°ouricitorg �, � �r,+°°�,°,� :.�af�[r; Tsanet�' psi b u• iy^t'.s° � Date Application Received: 10/17/16 Date Application Considered as Complete: 10/21/16 60 -Day Review Period Expires: 12/21/16 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Jeremy Barnhart Y"-4 Title: Community Development Director Date: December 12, 2016 Item No.: 16 Agenda Section: Planning Department Report Item Description: #16-3879, Scenic Sign Corporation, obo Lunds Real Estate Holdings, LLC, 3333 Shoreline Drive Application Summary: The applicants propose to construct a new freestanding sign in a concrete area in the NE quadrant of their parking lot. The sign as proposed is not a monument sign as currently defined, is higher than 10 feet, and is closer than 10 feet from the property line. These three conditions require a variance from type, setback, and height. The sign will be approximately 18' high and setback 0.0' from the property line, shared with Hennepin County. Planning Commission Recommendation On November 21St, the Planning Commission held a public hearing and reviewed the application including the evidence submitted. The Planning Commission discussed other opportunities for signs, and noted the canopies for the adjacent service stations have signage higher than 10 feet and are closer than 30 feet from the property line. The Commission noted that the design of the sign is intended to preserve visibility through the corner, and parked cars would block view of the sign during normal business hours. The Planning Commission voted 6-0 to recommend approval of the variance as proposed. Public Comments No public comments have been received, though Hennepin County has commented that their pending intersection work may impact the construction. The applicant has been advised to coordinate construction with Hennepin County. COUNCIL ACTION REQUESTED Based on Planning Commission recommendation, staff has prepared a resolution approving the variances. Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Proposed survey and plans Exhibit C. Draft PC Minutes 11/21/16 Exhibit D. PC Staff Report and exhibits - 11/21/16 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1466 AND 78-1468, FOR PROPERTY LOCATED AT 3333 SHORELINE DRIVE - FILE NO. 16-3879. WHEREAS, Lunds Real Estate Holdings, LLC (hereinafter the "Owner") owns the property located at 3333 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described in attached Exhibit A.: WHEREAS, the Owner on October 21, 2016 made a complete application to the City for variances to Orono Municipal Zoning Code Section 78-1466 in order to allow the construction of modified Monument sign 18.1 feet where 10 feet is the maximum, and, Section 78-1468 to permit a signer closer than 10 feet to the property line; and WHEREAS, on November 21, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono 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 November 21, 2016, the Planning Commission on a vote of 6-0 recommended approval of the variances as presented; and WHEREAS, on December 12, 2016, the Orono City Council reviewed the application and the recommendations of the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning this property: FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located within the B-3 zoning district. A3. The Property is 2.34 acres in area and has over 875 feet of frontage on public streets. The Property is considered as legally conforming with regard to lot area and lot width. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A4. The Property is located within Storm Water Overlay District Tier 3 which allows 35% hardcover. The existing developed commercial grocery store has 2.04 acres of hardcover, including the parking lot, drives, and commercial building, a ratio of 87%. A5. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicable regulation provides for commercial signage in a manner that does not impact the traveling public due to hindered visibility and visual clutter. Further, the ordinance intends on improving the streetscape by requiring more stable, architecturally significant monument signs in lieu of pylon signs. The variances, if granted, would protect visibility while providing signage similar to monument signs. 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan identifies the subject parcel as commercial, the proposed signage supports and is consistent with the intended use. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the use of the property is the supermarket. Freestanding signage is a normal and expected accessory structure in commercial settings. The proposed signage, to be located in a conforming location, would require the removal of several parking spaces, increasing hard cover, and expanding the commercial area to the south, toward the residential neighborhood. b. There are circumstances unique to the property not created by the landowner; the lot was developed in the 1970s, and has been a grocery store for many decades. The siting of the building and the parking lot was established by previous developers. Further, a portion of the county right of way juts into the property, to facilitate traffic control mechanisms. This encroachment effectively takes parking stalls away from the property owner, and eliminates normal locates for freestanding signage; and c. The variance will not alter the essential character of the locality. Recognizing that signage is a normal improvement in a commercial setting, the proposed signage is intended to compliment the improvements being made on the principal structure while maintaining site visibility at the intersection. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The jutting of the County's right of way into the subject parcel is unique to this property. This does not appear to occur in other lighted intersections in the city. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The development of the property pre ordinance, the impact of expansions of County Roads 15 and 19 over the years, and the lot line configuration to accommodate traffic controls are unique to the subject parcel. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances allow for the placement of a sign at a logical location given the constraints of the property due to development patterns, access, and adjacent streets. Signage for commercial property is a right given to all commercial businesses. 7. 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. There has been no evidence to suggest that the variances would impact the health, safety, and comfort of adjacent parcels or the city at large. The applicant has proposed a two legged sign with an elevated message to preserve site visibility in the area. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Placement of a sign in a conforming location and a conforming style would require complete overhaul/ expansion of the parking lot, which would introduce other issues with the parking lot, including hardcover, stormwater control, access, and lot size. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1466 and 78-1468 in order to allow the construction of a new modified monument sign 18.1 feet in height setback 0.0 feet from the property line, subject to the following conditions: Council approval is based on the survey/site plan and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the approved survey/site plan and signs plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the project and commencing construction of said project within one year of the date of Council approval, or the variances will expire on that date (December 12, 2017). 4. 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. 5. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Lunds Real Estate Holding, LLC Its STATE OF MINNESOTA COUNTY OF HENNEPIN Lili Tod McMillan, Mayor The foregoing instrument was acknowledged before me this day of 12016, by Notary Public CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Exhibit A LEGAL DESCRIPTION: { Par Certfficote of Title No. 584125 ) Tract Cb, Ragistared Land Survey Mo. 1422 Hennepin Courty, Minnesota. Subject to an eosement in favor of the City of Qroro for sewage, water and drainage purposes ovar the Southerly 16 Eet of the Weat 30 fleet of the North 134 feet of Lot 1, Blook 4, Townsite of Langdon Parte (?Moxa as to part of above land;; Subject to the underground utility ea-sement and restriction in fowor of the City of Crono over the North 30 feet of the West 100 feet of the South 100 feet of the North 23 1 feet of Lot 1. Block 41 Townsite of Langdon Fork as cor)tbinbd in Book 2423 of Deeds, page '38, Doi urrnent No. 3449568. (Now os to part 4:4 +abovc land); Subject to the underground utility easernen. and restriction in fovar of the City of Orono over the South 30 feet t; the North 164 feet of that part of Lc ", Block 4, Towosite of Langdon Park, as me©svred at right angles to '1-e Nor.h line of waid Lot 1 and its Eust"erly extension, as contained in 'Book 2423 of aGeds, page 170 Docurrient Vo. 54495;'8 {Now as to part of obova land}; Subject o the restric.ive covenant in flavor of the Shell Dil Company, a `Jelawars Corporation as cantaired in Book 2b2S o= Ceeds, page 454, O,ocument Na. 369134. as '.o above port of Lot 1. Blflck 4, Townsite of Longdon Park {Nqw as ta port of 43bovr3 land}; The boundary lines of goid land are marked h•y Judicial Landmarks set P;ir!puant to Torr$ns case Nos 17022, 1703, 17024, 17;}25 and 17055; A RNA & r A 015 ra AFTER IMAGE: NOT TO SCALE EXTRA ELEMENT: XX # OF FACES: FACE MATERIAL: CABINET TYPE: 0 z 1 • • % 2 CUSTOM ALUM. ROOF TO MIMIC ALL ROOF COMPONENTS PAINTE 3 1/2" 2" ELECTRICAL: THIS SIGN IS INTENDEDTO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NATIONAL ELECTRICAL CODE AND/OR OTHER APPLICABLE LOCAL CODES. THIS INCLUDES PROPER GROUND AND BONDING OF THE SIGN. Council Mbit C IES � 16-38 Q CT 14 2016 SCALE: 3/8" = V — 24" BASE BRICK AND COLUMNS BY OTHERS — 30" BRICKTO MATCH BUILDING BRICK CAP TO COMPLIMENT BRICK 42 7/8" 011Y OV 40 9/4 OONO :LfRAMED W/ ROUTED 58" 0 FACES PMS#343 C N/ WHITE 200" 18" RECEIVED OCT 14 2016 SIDE VIEW('� CITY OF ORONO SCALE: 3/8" = 1' 3 8 7 7 RETAINER SIZE: LIGHTING TYPE: POLE QUANTITY: SALESMAN: BOV GRUBER SR DIVIDER BAR SIZE: LED COLOR: # OF EMC FACES: FRAME MATERIAL: POLE TYPE: BRAND: LOCATION: NAVARRE, MN PHOTO EYE: POLE HEIGHT: ADDITIONAL NOTES: DRAWN BY: RYAN UNGER The dientwarranls that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subjectmatterdoesnothave to bear copyrightnotice in orderto be protected by copyright law. absence of such notice does not necessarily mum aright to reproduce. The clientfurtherwanants that no copyrightnoticehas been removed from any material used in preparing the subjectmalterfor reproduction. To support themwananties, the dient agrees to indemnifyard holdScerdGSign harmless for al liability, damages and allomeyfees 1hatm3y be incurred in mylegalaction connectedwilhcopyngh[infringement involving (he work produced orprovided. 1, DATE: 9/6/16 SQ FT: SCALE:SEE ABOVE Interactive - - - - ---. ---- - - 817 r 3333 ShMaps Ioreline Drive, Orono - Tools Legend Print Share",-, ,4 !�Property k, 111110� ` J1 - 2 y ! o to Property links KMEIVED Ail el"T T8$.Uf#$ PID: 2011723110024 OCT 14 2016 3333 Shoreline Dr CIN OF ORONO PYLON SIGN LOCATION Orono; Nth] 5539 _ _ r axpayer Owner, Lund Real Estate Holdngs LicPOO LUND REAL ESTATE HOLDNGS LLC ATTN VON P MARTIN Taxpayer: 4100 WEST 50TH ST SMITE 2100 EDINA MN 55424 _- _ - -- Parcel Area: 2.84 acres' 123.665 sq It I Torrens/Abstract: Torrens I ._ Addition: Reg. Land Survey No. 1422 Lot- Block: ot:Blockx, Metes & Bounds: Tract D Ex Hwy y Y . 3 Y = ! Payable i r r 4- _ s Market Value- $1,442,000 Total Tax: $47.333.74 Property Type: Commercial -Preferred v Homestead. Nora -Homestead ` -: "•rr �t.;. `l 1 A�u w A. P 1 L` - LUNDS&BYERLYS -, BKHmans 17 NOTE CARS WOULD BLQC!< THE .,x COFFEE - - I� VIEW OF A LOWER SIGN FROM SHADYWOOD RD _. •-r�- -. •. is a fes SHADYV/00D RD 6 i _ SCALE. 1/4 _ 1 r_0rr - - FILE NAME: EXHIBIT I.Al ELECTRICAL, THIS SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NATIONAL • 0 '12 1 '12 2 ELECTRICAL CODE AND/OR OTHER APPLICABLE LOCAL CODES. THIS INCLUDES PROPER GROUND AND BONDING OF THE SIGN. EXHIBIT I it �879 RECEIVED `l 1 A�u w A. P 1 L` - LUNDS&BYERLYS -, BKHmans 17 NOTE CARS WOULD BLQC!< THE .,x COFFEE - - I� VIEW OF A LOWER SIGN FROM SHADYWOOD RD _. •-r�- -. •. is a fes SHADYV/00D RD 6 i _ SCALE. 1/4 _ 1 r_0rr - - /GN Ir�i! 0 '/z 1 % ,, . 'L "L, 2 EXHIBIT 2 Ab VA" CALE 1/4 iff = 1 -0 ff ELECTRICAL: THIS SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NATIONAL ELECTRICAL CODE AND/OR OTHER APPLICABLE LOCAL CODES. THIS INCLUDES PROPER GROUND AND BONDING OF THE SIGN. RECEIVE© 4. OCT 14 2016 0_ r CITE! OF ORO �V Council MINUTES OF THE Exhibit C ORONO PLANNING COMMISSION MEETING 16-3879 Monday, November 21, 2016 6:30 o'clock p.m. 3. #16-3879 SCENIC SIGN CORPORATION ON BEHALF OF LUNDS REAL ESTATE, 3333 SHORELINE DRIVE, VARIANCE, 7:04 P.M. — 7:22 P.M. Mike Edreti, Scenic Sign Corporation, was present. Barnhart stated the applicant proposes to construct a pole type style sign 18 feet high, 0.0 feet from the property line. A monument style sign, no higher than ten feet, set back at least ten feet from the property line is permitted in the business zoning districts. Barnhart stated the notification area included properties within 350 feet, with the large majority of the properties being commercial. Barnhart noted an email comment was received late this afternoon expressing a concern regarding the visibility of the sign. Barnhart stated the proposed sign is 18 feet, two inches tall and 36.22 square feet. The original pylon sign was 43.5 square feet and 8 feet, 2 inches from grade to the top of the sign and was removed in May of 2015. The proposed sign will be located at the property line in the northeast corner of the site. A portion of the right-of-way juts into the Lund's property to accommodate some traffic control devices. The proposed sign will also include two brick veneer columns. The veneer will match the veneer used in the principal structure. The sign structure will include a standing seam metal roof over the sign face, which will be green and backlit. Barnhart displayed pictures of the proposed sign and the existing sign. Barnhart noted there is an opening space between the two legs of the sign to allow for some visibility under the sign provided no cars are parked in that area. Staff does not have a concern with visibility for cars traveling along Shoreline Drive. Barnhart stated the proposed sign appears to meet the intent of sign regulations and provides opportunities for clear commercial communication in a way that does not impact the traveling public. The subject property, due to its development pattern established over the past several decades, has limited locations for freestanding signage that would not remove parking stalls. The planned two pole structure attempts to emulate the design goals of the monument sign regulations while preserving its functionality by elevating it above the parked cars. Page 1 of 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Staff supports the variances as requested. Thiesse asked if Staff has an idea of the height of the canopies and other signs in the area. Barnhart indicated he did not measure them but noted that there are two Holiday gas stations on the east side. Barnhart displayed pictures of the nearby signs. Landgraver commented this sign appears to be taller based on the view perspectives. Barnhart stated the ordinance requirement talks about how the accessory structure should not be taller than the principal structure and this would be lower than that. Landgraver asked how the sign is lit. Ross Elenkiwich, Lunds, stated the sign is lit internally and that the only part of the sign that would be lit up is the white part. Lemke asked if the parking spaces would be reduced. Barnhart displayed an aerial photo of the site and pointed out the location of the sign. Barnhart stated the parking lot presents some challenges and that the site has been maximized from a parking perspective. Barnhart stated Staff was unable to find any additional parking spaces. Thiesse asked if the 0.0 foot setback is from the recessed area and not the real right-of-way for the road. Barnhart indicated that is correct. Lemke asked if permission needs to be obtained from the highway department or any other governmental agency for the sign. Page 2 of 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Barnhart indicated Staff did submit the proposal to the Hennepin County Transportation Department but they have not yet commented. The sign will be located entirely on the Lund's property and there should not be any additional approvals necessary. Thiesse asked if any construction would occur within the right-of-way. Barnhart noted the overhang of the sign would be at the property line and that no construction should occur within the right-of-way. Elenkiwich stated some construction occurred back in 2015 when the original permit was issue but the construction was stopped. There is currently some plywood over the hole. Thiesse stated his concern is whether any portion of the sign would be within the right-of-way. Elenkiwich stated it would not be. Landgraver asked if the sign would be lit 24 hours. Elenkiwich indicated the sign would be on 24 hours as well as the lights in the parking lot but that the sign is not very bright and is low voltage signage. Elenkiwich stated there is no down lighting within the canopy. Elenkiwich stated they are excited to do this project. Lunds has recently completed a big addition on the front of the building as well as a small addition for a seating area. Elenkiwich stated they have updated the appearance of the store and they are glad they are able to help redevelop the area. Landgraver commented it has always been the intent of the City to upgrade the Navarre area and Lunds' efforts are appreciated and within the spirit of what the City would like to see in Navarre. Chair Thiesse opened the public hearing at 7:18 p.m. There were no public comments. Page 3 of 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Chair Thiesse closed the public hearing at 7:18 p.m. Thiesse stated he was questioning the need for the sign until he saw the photographs. Thiesse pointed out the sign may or may not be seen if a van is parked next to it, which raises a practical difficulty. In addition, the Holiday sign appears to be higher than this sign. Landgraver noted the email raised some objections to the sign but that the Planning Commission has discussed the lighting and the visibility. Schoenzeit stated the lighting is very point specific, and from a height standpoint, the addition is higher than the sign. Elenkiwich indicated it is. Landgraver stated in his view it addresses the concerns expressed in the email. Thiesse stated since it is set back on the other piece of the right-of-way, he is comfortable with the location. Lemke asked how large the island is. Elenkiwich stated it appears to be about 30 feet wide. The original intention was to landscape that entire area. Elenkiwich stated they would like to add more greenscape to that area to help soften the appearance of the corner. Landgraver moved, Olson seconded, to recommend approval of Application No. 16-3879, Scenic Sign Corporation on behalf of Lunds Real Estate, 3333 Shoreline Drive, granting of a sign variance and a sign height variance. VOTE: Ayes 6, Nays 0. Page 4 of 4 Date Application Received: October 17, 2016 Date Application Considered as Complete: October 21, 2016 60 -Day Review Period Expires: December 21, 2016 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: November 21, 2016 Council Exhibit D 16-3879 Subject: #16-3879, Scenic Sign Corporation, obo Lunds Real Estate Holdings, LLC, 3333 Shoreline Drive, Variances Public Hearing Application Summary: The applicant proposes to construct a new pylon style sign 18 feet high, 0.0 feet from the property line. A monument style sign, no higher than 10 feet, setback at least 10 feet from the property line is permitted. Staff Recommendation: Given the unique features of the lot, including the County Right of Way boundary, staff supports the variances as requested. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Plans and Elevations Exhibit D. Plat Map Exhibit E. Original Sign Background The property owners applied for and received a permit to remove a then existing pylon sign and replace it with a new monument style sign in May 2015. After the pylon sign was removed, it was discovered that the permit was issued in error; the new sign did not meet the required setback from Shoreline/ Shadywood, and being a new size and shape, did not qualify as an 'in- kind' replacement. The contractor stopped work and the permit was rescinded. The original pylon sign was 43.5 square feet and 8 feet, 2 inches from grade to the top of the sign. The proposed sign is 18 feet, 2 inches tall and 36.22 sq ft. 100 sq ft is permissible. The proposed sign will be located at the property line. The original sign was approximately 2 feet setback. The proposed sign will include two brick veneer columns, the veneer will match the veneer used in the principal structure. The sign structure will include a standing seam metal roof over the sign face, which will be green and backlit. Applicable sections. The code, in section 78-1466, outlines allowances for pylon and monument signs. Pylon signs are not permissible in the B or I zoning district. FILE #16-3879 November 21, 2016 Page 2 of 5 (10) Pylon sign. A sign supported by a post or posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the base width dimension is a minimum of ten percent up to and including 50 percent of the greatest width of the sign. (11) Monument signs. One monument sign, limited to two faces is allowed per frontage per property, with a maximum of two. The areas of sign base, the supporting background structure, and the sign copy shall be combined for determining the total square footage and the height of the monument sign. a. The total allowable square footage shall not exceed 100 square feet per side. The base and supporting material shall constitute at least 25 percent of the total square footage. b. The base width dimension is 50 percent or more of the greatest width of the sign. c. The sign copy area shall have a minimum clearance of 20 inches above ground level. d. The sign copy area shall be completely enclosed within the monument materials. e. No portion of the sign or sign structure shall exceed ten feet above ground level. f. The monument sign base shall be constructed of materials similar in appearance to those of the principal structure and shall consist of brick, natural stone, stucco, textured cast stone, or integrally colored concrete masonry units. The structure surrounding the face of the sign from the base to the top of the sign must be solid, continuous, and consist of the base materials or complementary materials that match the appearance and color of the principal building. g. The 200 square feet of ground area around the base of the monument sign shall be landscaped with shrubs or perennials. 78-1468 regulates signage relating to a specific zone: B-3 and l: height. "Within any e-3 or I district, no sign shall extend in height more than six feet in height above the highest outside wall or parapet of any principal building. No sign shall be located closer than ten feet from any property line, except that any sign exceeding ten square feet may project only two feet into the yard area from any building." Section 78-707- Setbacks: 6-3 DISTRICT (principal structure) Required (Feet) Proposed (Feet) Front (Shadywood) 20 151 Street Side (Shoreline) 20 141 Street Side (Kelly) 20 5 Rear(south) 30 28 Sign Side) 10 0.00 FILE #16-3879 November 21, 2016 Page 3 of 5 Section 78-707 - Lot Area/Width: 6-3 DISTRICT Lot Area Lot Width Required 87,120 s.f. (2.0 acres) N/A Actual 123,668 s.f. (2.8 acres) Section 78-1403- Structural Coveraee: N/A. over 2 acres Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area Allowed Overlay Existing Hardcover Proposed Hardcover in Zone Hardcover District Tier Tier 3 123,668 43283.8 s.f. 89,770 s.f. 72.59 ( ) No change s.f. (35 %) Applicable Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicable regulation provides for commercial signage in a manner that does not impact the traveling public due to hindered visibility and visual clutter. Further, the ordinance intends on improving the streetscape by requiring more stable, architecturally significant monument signs in lieu of pylon signs. The variances, if granted, would protect visibility while providing signage similar to monument signs. 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan identifies the subject parcel as commercial, the proposed signage supports and is consistent with the intended use. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The use of the property is the supermarket. Freestanding signage is a normal and expected accessory structure in FILE #16-3879 November 21, 2016 Page 4 of 5 commercial settings. The proposed signage, to be located in a conforming location, would require the removal of several parking spaces, increasing hard cover, and expanding the commercial area to the south, toward the residential neighborhood. b. There are circumstances unique to the property not created by the landowner; The lot was developed in the 1970s, and has been a grocery store for many decades. The siting of the building and the parking lot was established by previous developers. Further, a portion of the county right of way juts into the property, to facilitate traffic control mechanisms. This encroachment effectively takes parking stalls away from the property owner, and eliminates normal locates for freestanding signage; and c. The variance will not alter the essential character of the locality. Recognizing that signage is a normal improvement in a commercial setting, the proposed signage is intended to compliment the improvements being made on the principal structure while maintaining site visibility at the intersection. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The jutting of the County's right of way into the subject parcel is unique to this property. This does not appear to occur in other lighted intersections in the city. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The development of the property pre ordinance, the impact of expansions of County Roads 15 and 19 over the years, and the lot line configuration to accommodate traffic controls are unique to the subject parcel. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances allow for the placement of a sign at a logical location given the constraints of the property due to development patterns, access, and adjacent streets. Signage for commercial property is a right given to all commercial businesses. 7. 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. There has been no evidence to suggest that the variances would impact the health, safety, and comfort of adjacent parcels or the city at large. The applicant has proposed a two legged sign with an elevated message to preserve site visibility in the area. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Placement of a sign in a conforming location and a conforming style would require complete overhaul/ expansion of the parking lot, which would introduce other issues with the parking lot, including hardcover, stormwater control, access, and lot size. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE #16-3879 November 21, 2016 Page 5 of 5 Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Analysis The proposed sign appears to meet the intent of sign regulations: provide opportunities for clear commercial communication in a way that does not impact the traveling public while at the same time enhancing the commercial streetscape. The subject property, due to its development pattern established over the past several decades, has limited locations for freestanding signage that would not remove parking stalls (the site provides the bare minimum of required signage). The planned two pole structure attempts to emulate the design goals of the monument sign regulations while preserving its functionality by elevating it above the parked cars. Staff supports the variance. Public Comments To date, Staff has received no comments from interested parties. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? PC Exhibit A 1&-3879 City of Orono Variance Application Sbeer Adalwss: Application # 2750 Way Parkway Omno. MN Wm Date} Received: Staff Mein: 952-2494&)o fax: e:i2-2616 Fee A arlffnp Addrsas ESOMW 0 PA. box ea Crystal Bay. MN 55323- 66 Peanut Fee Nates: Please complete. Applicant will be notified within 15 days as to the stt s of tti$ application. Incomplete supplications will n& be placed on Planning Commleslon Agenda, SITE LOCATION: 3339 SHORELINE DRIVE DESCRIMN OF REQUEST: SETBACK VARIANCE TO INSTALL, PYLON SIGN (attached ;WoiW sheets as neoosery) APPLICANT 1 AGENT INFORMATION: Applicant Name: SCENIC SIGN CORPORATION Phone (Primary): 320 252 9400 Appllaant Emall: JUS IN -S IU t N. M Address: PO AOX RAI Applicant is. Homeowner (Circle One) PROPERTY OWNER INFORMATION: O check here if property owner Is some as applicant Name. Phone (Primary); Mang Address: Emall: APPLICANTlAGENT ANDIOR OWNER: 41 Agree to provide all information required or requested by the Planning Department, Agree to pay additional thea (OW lime not owrared In the original fee payment) artdlor consultant expenses Incurred in review of this application, and * Csrt+iy that to k6rrnation mppitod Is We and comict to the heist of lilsd knowledge. The epplicant and owner recoginbw WO they we "sly nest notble For subinItting a complete application being aware that upon failures to do so, tho AW has no alternative but to reject It until It is corm or to roo mwwnd lite request for denial of Mee rrqu«st re flwdless of Its p0ential m>arlt. Acknowledge the brow AgroBanern in completed and signed. • The Owner hereby w*no+Medges and agrees to this application and furthor author m reasonable entry onto the property by City Staff. consultants, agents, Commission and Counch Members for purpcoas of investigation and vermcatian of this request. Owsrnor andkw Apptica,nt m*nowiadgs they must be present at ail scheduled review awtings of the Planning Comrrdsaion and Council. If an appkant "or owner Is unable to attend a scheduled rtlealing, pieaae make aaursngsmants to have an suftriaed representotive attend In place of the appticantlow ner and advise the City planner assigned to yow prolact. Applicant/Agent Signature: Date: r►' �# ApplrcantlAgent Signature. Date: Property Owner Signature: P CL-- & RECEIVED Property Owner Signature: Date: _ nr+r 44-M6 6 wadaao-U+2016 ��z CIN OF OIRONO 3879 qtr of Orono _ Variance Pre -Application W esti p. Form s �+ (This farm is to be completed by a City Planner during your pro-Wfi cation meeting.) For Qt`u:e Only: City Punnet: Meoung Datefrkme, PC Cate; Met with: What is the purpose of a. pm -app Ration nmfi g2 Pre -application meetings aid the applicant in preparing a complete proposal, Inform them of the procedures and requirements of the ft coda, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 3333 SHORELINE DRIVE Property Identification Number (PIN): 20-117.23-11-41124 Zonings District: M SiZe of Property: 2.64 DESCRIPTION OF VARIANCE REQUEST - 11 Average Setback 0 Side Yawl Setback ❑ Rear Yana Setback I] LakelFront Yard Setback • Hardcover Tier 1 ❑ Hardcover Tier 2 13 Hardcover Tier 3 CI Hardcover Tier 4 • Lot Coverage C! Lot Area 0 Lot Width 0 Other: Applicant's PRACTICAL DIFFICULTIES: Owner andfor Applicant has received the Practical Initials: Difficuitaes Documentation Form, understands It as it has been explained to them, and is aware that it must be oompleted and submitted In conjunction with their Owner's Initials: formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses lnitWs; incurred in review of this application and/or additional staff tlrne not covered In Initia I application fee, as well as provide an escrow in the amount of $ to Owner's T��Iguarantee Initials: payment of the above. 'Please rote: Your variance application will NOT be accepted without a pre -application meeting during which this form will be completed b CC tafr. Ip, Applicant Si naWre: D r /�f �p A cats Ownrar Signature: Gate: r 9 RECEIVED ftionee Appli mom - Alay WIG pap.1 # 3879 OCT 14 2016 'CITY OF ORONO DAfi In accordance with Winnesota State Statute 13.04 Rights of Subjeca of Data, Subd. 2, 7annessen warning", we would like to lnfcrm you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential Information. You ars notftd that: The information you furnish wilt to used to determine your quaalificatlon for the permit ,or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3, The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires CouncA action to approve, some Information may become public. 5. You have certaln rights under Minnesota State Statute 13,04 (see dowing page) to review private data on yourself. B. Your full name is required to procassss this application or permit. JUSTIN MICHE4L OW AL First Middle Last PO BOX 881 Address ST CLOUD MN 56302 320 252 9400 City State Zip Phone I understand my rights qs3 started above. RECEIVED OCT 14 2016 V808 aw Ap ksibn -• 141ey 2416 Page 16 # 3879 CM OF aRallo PC Exhibit B 16-3879 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form Is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical diffloultles be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic aWatlans are not considered valid precdcal dilkuflies. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine it practical dltficulues exist and how the variance will affect the surrounding community_ To prove practical difficulties, address all the relevant points listed below and answer them as dearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what Is used In determining a denial or approval recommendation. If you leave something out It will not be considered. Please address each of the twelve practical diffrculifes crlteda as they relate to the request, if they do not apply, wide IVDA in the space provided: 1. °The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter,' NIA - existina use to remain - cirocery retailer 2. aThe plight of the landowner is due to circumstances unique to his property not created by the landowner." Yes, the unique shape of the properly and adjacent road layout only allows sign placement near the property line. Furthermore. the parking layout and MgUlrements will anlyallow a raised Aft to be tmcdc al And useful 3. "The variance, if granted, will not alter the essential character of the locality." No. it will enhence the character and the sign Is critical to the success of the business, which Is Important and Integral to the illy_. �— ..._ 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." NIA 5. "Practical difficulties 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 Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter." NIA 6. 'The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." NIA RECEIVEC) vanarH.�,a��—aysors OCT 1 4.2016 ft9a4 3879 amaFo T. "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling.' 8. "The special conditions applying to the structure or land In question are peculiar to such property or immediately adjoining property.' Yes, the unique shape of the property and adjacent road layout only allows sign placement near the property line. 9. °The conditions do not apply generally to other land or structures in the district in which said land is located." No the condition Is unique due to the shape of only this earceV 10. `The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 6 dearly visible Sian near the Intersection Is critical to the success of the business. 11. `The granting of the proposed variance Y411 not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." No _the sign sets* requirement Is designed to prated adjacent property owners and should not affect them. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.' Yes, a sign Is critical for the success of the business and because of the shape of the lot there are few other =Ions In p=dda arlaquilto Sjgriggg_ which iR rritirAl to tbg gi igc= of tha hindilefis_ - Perm- icat D'rfficiulUes Statement Should you feel the practical Mculties cannot fully be cesonbed in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines {attach additional sheets if necessary Because of the unique shape and location or the property R is not possible to locate a free standing sign 1 on*om the property line and effectively advertise the business to the customers on both Shotine dr and Shedywood rd. Furthermore the code does not allow far pylon style f vestanding signs, but because of the shape of ft property and parking requirements a monument sign would not be visible and therafare not useful. A pylon Is the only option to raise the sign above the parked cane and effectively advertise the business. REcEivEE) OCT 14 2918 Variance /�lfcation— May 2018 ftge 5 # 3879 C" Ol= OROA10 m in m lus 4 W �. L tl a t p 9 1R all - Rim � zH SSS 13m UJap >M U H WMH ifill � IP k; :g � o . ems i i W H � "�'�1• +r� Oji L} I10 'D arivan�r AIf e , a� N w N 00 v O w z� v c cr1 z ' zt $ 10 -0 G z'� J p CD s s Ll m - cncn I MP ;., p. M m F so C. Q Ln � 44 w N H m ul co M ww -14 Hennepin County Locate & Notify Map Provided By: Resident and Real EMale Services 17-117-231-42 17-1117-2)-43- 20-147-23-12 Buffer Size: 350 feet Map cognments. 3333 Shoreline DrWe Orono, LiN 55351 17-117-235-41 11-11.7-23-44 RECEIVED OcT 14 70'. CMy OF ORONO PC Exhibit D 16-3789 Date: 9119/2016 For more information contact: Hennepin County GIS Offka 300 ft Street South Wrinespolis, MN 56487 gis.InfoGhennepin.us PC Exhibit E 16-3879 Date Application Received: 10/18/16 Date Application Considered as Complete: 10/18/16 60 -Day Review Period Expires: 12/17/16 REQUEST FOR COUNCIL ACTION Date: 6 December 2016 Item No. 17 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"_4 Planning Title: Planner Item Description: #16-3880, Everlast Enterprises, 230 Tonka Ave, Variances — Resolution Application Summary: The owner is proposing to demolish and construct a new residence on the property at 230 Tonka Avenue and is requesting variances in order to do so. The owner is requesting setback variances from Tonka Avenue, and the undeveloped Brook Street, a 20 foot wide undeveloped but platted alley, on the north. The property is a nonconforming lot of record with just under a half of an acre in area and approximately 150 feet of width on Tonka Avenue; the LR -1A zoning district requires 2.0 acres in area and 200 feet of width. Because the setback variances are requested, lot area and lot width variances are also required. The proposed two-story home will be situated 30.2 feet from the front/street lot line and 40 feet from the north side street lot line where 50 foot setbacks are required; rear and south side setbacks will be met. Hardcover will be beneath the Tier 3 limitation. Planning Commission Recommendation On November 21, the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the variances. Planning Staff Recommendation Staff recommends approval. A draft 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 Exhibit B. Proposed Survey Exhibit C. Proposed Plans & Elevations Exhibit D. PC Staff Report & Exhibits Exhibit E. Draft PC Minutes Council Exhibit A CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. 16-3880 WHEREAS, James M. Cleary, is the president of Everlast Enterprises, Inc., a Minnesota Corporation (hereinafter the "Applicant"), the owner of the property located at 230 Tonka Avenue and legally described as: Lots 14, 15, and 16, Block 2, Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on October 18, 2016, the Applicant made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-305 to allow the following: 1. A variance to permit a 30.2 foot setback from the front/street lot line (Tonka Avenue) where a 50 foot setback is required; 2. A variance to permit a 40 foot setback from the north side street lot line (undeveloped Brook Street) where 50 foot setbacks are required; 3. A lot area variance to permit redevelopment of a 0.43 acre property where 2.0 acres is required; and 4. A lot width variance to permit redevelopment of a property with 150 feet in width where 200 feet is required. WHEREAS, on November 21, 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 November 21, 2016, the Planning Commission recommended approval of the variances; and WHEREAS, on December 12, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3880. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1A Single Family Lakeshore Residential Zoning District. 3. The Property contains 0.43 acres in area and has a defined lot width of 150 feet. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Lot area variance. b. Lot width variance. c. Setback variances. 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...... The lot area and lot width variances requested are consistent with the general intent of the Ordinance. There is adequate space for light, air, and open space between the proposed home and the street and neighboring homes with reduced setbacks requested. The variances are in harmony with the Ordinance. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of portions of the proposed home within the 50 foot side street and front setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the encroachment on the north (undeveloped Brook Street) will afford a greater setback and open space from the neighboring home on the south. There is no neighboring home on the north. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub -standard size of the Property was not the result of actions by the landowner. The neighboring homes are separated sufficiently to allow for light, air, and open space between the homes. c. The variance, if granted, will not alter the essential character of the locality. " The proposed home will not alter the character of the neighborhood. The structures on adjacent lots are set back similarly from Tonka Avenue. 4. "Economic considerations alone do not constitute practical difficulties." The Applicant has not requested consideration based on economic difficulties. 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." A residential home is a permitted use. This criterion is met. 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 nonconforming lot area and lot width of the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Property are not uncommon in the surrounding neighborhood. The Applicant is building more centrally on the Property than the existing home. The existing substandard setback to the south lot line will be improved (setback increased) with the proposed home. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The proposed home will be generally in line with the neighboring homes with respect to size and setback. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This criterion has been met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The substandard size and width of the Property combined with the 2 -acre district setbacks create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the Owner. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-305 to allow the following: 1. A 30.2 foot setback from the front/street lot line (Tonka Avenue) where a 50 foot setback is required; 2. A 40 foot setback from the north side street lot line (undeveloped Brook Street) where 50 foot setbacks are required; 3. Redevelopment of a 0.43 acre property where 2.0 acres is required; and 4. Redevelopment of a property with 150 feet in width where 200 feet is required, subject to the following conditions: 1. Council approval is based on the survey dated 09/27/16 and building plans submitted by the Applicants and annotated by City staff, 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. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. completed within one year of the date of Council approval, or the variances will expire on that date (December 12, 2017). 3. 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. 4. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 12th day of 2016. ATTEST: Diane Tiegs, City Clerk CITY OF ORONO: Lili Tod McMillan, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Everlast Enterprises, Inc. A Minnesota Corporation By: , its president. This instrument was acknowledged before me this day of , 20, by the president of Everlast Enterprises, Inc., a Minnesota corporation, on behalf of the corporation. ME 6h 40 r 49P E ix, bac Hardcover Calculations _fsa._(t.� Mouse 2,131 Cravat Driveway 664 Pavers li5 Concrete 77 Stoop & Step 68 3, D55 Lot Area 18,793 Total Hardcover 15.3% SCHO ©RG LAND SERVICES INC. 763-972-3221 8997 Co. Rd, 13 SE www.SchoborgLand.com Delano, MAI 55328 Building Permit Survey Prepared for. Everlos t Enterprises Res Exhi O N a50.7 3 c a N � O h 0 W c U � y a o � arage �' o 6 O v C m o � Y w w ` 6 O SCALE o To 24 1 inch = 20 feet Si a Address' 230 Tonko Ave Orono MN 55356 rirrrrrrrrrrrr�rra Proaosed Hordcover CalculatAyns.(sa...ft.) 8301 Boundary Description fsupalied by client) LL House 1,987 Lots 14, 15 and 16, Block 2, SAYSIDE ADD17ON TO n Driveway 1,539 LAKC MINNETDNfA, according to the recorded plot k Porch 269 thereof, Hennepin County, Minnesota. Subject to any Deck .—Jog and all easements of record. 3.815 C'1 Lot Area 18,793 Froaosed Elevations: Top of Block = 962.3 Total Hardcover20.3% Garage f7aor = 96t,S Basement Poor = 954.5 I hereby certify that this certificate of survey was prepared by me ar under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State yl( Minnesota. 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Staff Recommendation: Planning Department Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photo Exhibit G. Property Owners List Exhibit H. Plat Map Background The property owner is proposing to demolish and construct a new residence on the property at 230 Tonka Avenue and is requesting a number of variances in order to do so. The subject property is a nonconforming lot of record with just under a half of an acre in area and approximately 150 feet of width on Tonka Avenue; the LR -1A zoning district requires 2.0 acres in area and 200 feet of width. The owner is requesting setback variances from Tonka Avenue, and the undeveloped Brook Street, a 20 foot wide undeveloped but platted alley, on the north. Because the setback variances are requested, lot area and lot width variances are also required. The proposed two-story home will be situated 30.2 feet from the front/street lot line and 40 feet from the north side street lot line where 50 foot setbacks are required; rear and south side setbacks will be met. Hardcover will be beneath the Tier 3 limitation. LOT ANALYSIS WORKSHEET Section 78-305- Setbacks: LR -1A Required Proposed Front 50' 30.2' Rear 50' 53.4' North Side Street 50' 40' South Side 30' 53.8' #16-3880 16 Nov 2016 Page 2 of 4 Section 78-305 - Lot Area/Width: LR -1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 18,793 s.f. (0.43 acre) 150' Section 78-1403- Structural Cover Total Lot Area Total Structural Coverage 18,973 s.f. (0.43 acre) Allowed: 2,818 s.f. (15%) Proposed: 2,176 s.f. (11.5 %) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 6,640 s.f. 3,055 s.f. 3,915 s.f. Tier 3 18,973 s.f. (35 %) (16.3%) (20.8%) Applicable Regulations: Front and Side Street Setback Variances (Sec. 78-305 The applicant is proposing to construct a ±2,100 square foot home with an attached 2 -stall garage. The home will be approximately 56 feet wide with the side street setback proposed to be 40 feet, and the front yard setback proposed at 30 feet to the porch and 36 feet to the house where 50 -foot setbacks are required. Lot Area and Lot Width Variances (Sec. 78-305 Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for setback variances results in the property's inability to conform to #1 above. Therefore, lot area and width variances are also required in order to redevelop the property. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider #16-3880 16 Nov 2016 Page 3 of 4 recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The lot area, lot width variances requested are consistent with the general intent of the Ordinance. There is adequate space for light, air, and open space between the proposed home and the street and neighboring homes with setbacks requested. The variances are in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of portions of the proposed home within the 50 foot side street and front setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the encroachment on the north (undeveloped Brook Street) will afford a greater setback from the neighboring home on the south. There is no neighboring home on the north. b. There are circumstances unique to the property not created by the landowner; The sub -standard size of the subject property was not the result of actions by the landowner. The neighboring homes are separated sufficiently to allow for light, air, and open space between the homes; and c. The variance will not alter the essential character of the locality. The proposed home will not alter the character of the neighborhood. The structures on adjacent lots are set back similarly from Tonka Avenue. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The nonconforming lot area and lot width of the property are not uncommon in the surrounding neighborhood. The applicant is building more centrally on the property. The existing substandard setback to the south lot line will be improved (setback increased) with the proposed home. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed home will be generally in line with the neighboring homes with respect to size and setback. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be met. #16-3880 16 Nov 2016 Page 4 of 4 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size and width of the property coupled with the 2 -acre district setbacks create practical difficulties affecting the subject property; the variances are necessary and not merely serve as a convenience to the owners. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that there are demonstrable practical difficulties supporting the lot area and lot width variance as well as the front and side street setback variances requested. Engineer Comments The grading plan will be reviewed at the time of the building permit review. Public Comments No public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variances conditioned upon compliance with the City Engineer's comments on the grading site plan at the time of building permit. City of Orono Variance Application Street Address: Application # —Rip --2-;' 2750 Kelley Parkway Orono. MN 55356 Date Received. I Main: 952-249-4600 Staff ' _ �✓ fax: 952-249-4616 Fee Mailing Address: Escrow # & $ r P.O. Sox 66 G� Crystal Bay, MN 55323-0066 Permit Fee 4S HO Notes PC Exhibit A fc� Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will nit be placed on Planning Commission Agendas. SITE LOCATION: 230 TONKA AVE ORONO MN 55356 DESCRPTION OF REQUEST: Lot & areaFront setback- 30 foot instead of 50 (a ed additional sheets as necessary) APPLICANT 1 AGENT INFORMATION: Applicant Name: EVERLAST ENTERPRISES. IN Phone (Primary): 6112-1968-0748 Applicant Email: Address: —A-109 NORTH SHORE QRIVF Cit : ZIP: 55364 Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: G check here if property owner is same as applicant Name: EVERLAST ENTERPRISES IN Phone (Primary 612-868-0748 Mailing Address: 4109 NORTH SHORE DRIVE ORONO MN ZIP: 55364 Email: APPLICANVAGENT AND/OR OWNER: Agree to provide all information required or requested by the Planning Department, Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no altemative but to reject It until it is complete or to recommend the request for denial of the request regardless of its potential merit Acknowledge the Escrow Agreement is completed and signed. The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: Applicant/Agent Signature: Property Owner Signature: Property Owner Signature: Variance Application - May 2016 S Amc- Date: Page 2 Date: 10-11-16 RECEIVED OCT 18 2016 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. JAMES MICHAEL CLEARY First Middle Last MOUND MN 55364 612-868-0748 City State Zip Phone I understand my rights as stated above. RECEIVED Variance Application — May 2016 page 9 OCT 18 2016 3880 CITY OF ORONO PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difcult & In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.' Vari2ne, -approyal request Is based on requirement to build 2 reason2hly r1wzed single fammly home 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The setbacks are 50 foot front and rear & 30 feet on the sides. We would like to apply for lot I width variance, 2 30 foot front setback and a 40 foot setback on the ngrth sideLskike-setbaCk. 3. "The variance, if granted, will not alter the essential character of the locality." nanghborhood- 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." With current setbacks - a single farrimly-tigme of ftsorable, slyla and size and placement Is not pDs&d&. 5. 'Practical difficulties 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 Minnesota Statutes, Section 116.1.06, Subd. 2, when in harmony with this Chapter." I NA 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." Variance Application — May 2016 RECEIVED Page 4 OCT 1 8 2016 3880 c'TY OF ORONO 7 "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." No. Most of the lots On thhoodnot currentlyrin s. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." - Most of the lots in the na'ahborhnnd do not ci,rMntly adhere to present setback restrictmonn 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." A reason ably s*7ed. desirably planed - new!g2nnlefaMmly residence cannot he built on the nropaMwithoiita variance - 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Approving this request will have zero impact on health & safety of any residents nor have any impact at all on the sul2ply of li ht Fair to ad'acent Drooerties. Nor will there be any impact on street congestion or public safety: nor diminish property values in any way. In fact, approval of this proposal will enhance property values on Tonka. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty! Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): —Proposal is to remove existing, non-compliant single -story 1388 sq. foot home from site and build a new 300 2- 4 bedroom single family home. The current a k is 50 ft and we would need a variance to decrease the front Yard setback to 30 feet We are also requesting a north side setback variance of 40 ft This will allow more room between 230 Tonka and the 250 Tonka Skoog ra er . A lot area and width variance will need to be granted to accomplish the new build. We feel that the approved variances will allow us to more properly place the new residence _ centered on the lot and sufficiently spaced from our adjoining neighbor. Variance Application — May 2016 Page 5 RECEIVED OCT 18 2016 3880 CITY OF ORONO 00, o, 4 oz IIaM ssa163 M/3 aloquDn abDUID-JO —w. UONDna13 6url6fx3 0'000 x IIaM 51J,09YX3 ua30na13 Pasodold (0.000) luacunuoyy uo11 puno3 0 pub tl- I I � I I I I I I I I I I I \ I -- �`0� ----- I I U alx Nt�'096) Q °� CLO\j L -6Z I ,r - - IN N) L zz -- I N)unL t n �� �-I aQC3)0)ooii o�asl 0)-T 1 ISI �• 09 O LL 4411 INC L--- llo�od 0 x`46' o L v I \� t� I N O I`7 I snourwn}ra JD a5p3 QO ..9 Zo J~(0096 . T � ,m t 3 � I A� W � � � a0 C) �� ~ Q) U o ❑ o m � N co rn� d U C7 k hn oa oN L amo� •a'Rl Q3 �mIn r � U-) Ln oco U yRi a' ■� I� LQ U�'r© Q) all Il o LO Lij LtJ Im a 9 00, o, 4 oz IIaM ssa163 M/3 aloquDn abDUID-JO —w. 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Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter within the 75' setback line and calculate hardcover square footace separateiv for each oortion. Key to Hardcover Item (Describe) Length x Width Survey(Square Total Feet (Example) Gara a 24' x 30' 720 S F A HOUSE ANn GARAGF 91,41 S.F. B ARA S.F. C S.F. D S.F. E 68 S.F F. FS.F. S.F. H S.F. I S.F. S.F. K S.F. L LS.F. S.F. N S.F. N S.F. P S.F. Q S.F. R S.F. S S.F. T TS.F. S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Existing Hardcover 1 3055 S.F. Exctusfable Hardcover See City Code Sec 78-16$4y S.F. I S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover S.F. 3 Net Existing Hardcover rSubtract line 2 from line 1 S.F. 4 Total Lot Area JR 7QR S.F. Existing Hardcover Percentage [ (3) T (4) ] 16.3 % (rroposea rrarnaover next page) i Variance Application — May 2016 OCT 1 8 2016 Page 7 3880 CITY OF ORONO City of Orono Hardcover Calculation Worksheet s Property Address: 230 TONKA AVE, ORONO, MN 55356 uk Ski oak` Prepared by: Everlast Enterprises, Inc.Date: 10-11-16 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are within the 75' setback line and calculate hardcover scuare footana senaratPly fnr earth nnrfinn Key to Hardcover Item (Describe) Length x Width Serve Total S uare Feet) (Example) Ga (94'x 30' 2t1 S F) AHOUSE 1887 S.F. B DRIVEWAY 1 S.F. C PORCH 289 289 S.F. D DECK AND PATIO S.F. E S.F. F FS.F. S.F. H S.F. I S.F. S.F. K S.F. K S.F. M S.F. N N S.F. S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U US.F. S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Proposed Hardcover 3915 S.F. ftchjdablo Hardcover Spee City Code Stec 7B-16"Ir S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover S.F. 3 Net Proposed Hardcover Subtract line 2 from line 1 3915 S.F. 4 Total Lot Area 18-793 S.F. Proposed Hardcover Percentage [(3)+ (4) ] 20.8 % Variance Application - May 2016 page 8 RECEIVEU, OCT 1 8 2016 CITY OF ORONO RUN DATE: 10/11/2016 38 05-117-23 II 0006 C R HERKERT & L S HERKERT 3285 GRAHAM HILL RD ORONO MN 55356 CRAIG R HERKERT LORIS HERKERT 3285 GRAHAM H;LL RD LONG LAKE MN 55356 38 05-117-23 It 0007 MARKJHEURUNG 3315 GRAHAM HILL RD ORONO MN 55356 MARKJHEURUNG 225 6TH ST S #2900 MINNEAPOLIS MN 55402 38 05-1:7-23 12 0015 STATE OF MINN 38 ADDRESS UNASSIGNED ORONO MN 00000 DNR REAL ESTATE MGMT ATTN DEBBIE GURTIN 500 LAFAYETTE, RD ST PAUL MN 55155 38 05-117-23 ;2 OD17 RICHARD GUSTAV MARKLUND 3415 HIGH LA ORONO MN 55356 RICHARD GUSTAV MARKLUND 3415 HIGH LA LONG LAKE MN 55356 PC Exhibit HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: I 38 05-117-23 130053 38 05-117-23 140025 T G VAUGHAN & N P VAUGHAN SANDRA J NICCUM 205 TONKA AVE 285 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 TIMOTHY & NATALIE VAUGHAN SANDRA J NICCUM 205 TONKA AVE 285 CRESTVIEW AVE ORONO MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0012 BLAIR MILESK[ & APRIL NEWTON 3420 BAYSIDE RD ORONO MN 55356 BLAIR MI' -FSK] & APRIL NEWTON 3420 BAYSIDE RD LONG LAKE MN 55356 38 05-:17-23 13 0028 ANGIE PAMELA QUIROZ 295 TONKA AVE ORONO MN 55356 ANGIE PAMELA QUIROZ 295 TONKA AVE LONG LAKE MN 55356 38 05-117-23 13 0029 BARBARA J HUBER 38 ADDRESS UNASSIGNED ORONO MN 00000 BARBARA J HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 13 0030 DANA S BRUMITT 3400 BAYSIDE RD ORONO MN 55356 DANA S BRUM:ITT 3400 BAYSIDE RD LONG LAKE MN 55356 38 05-'.I7-23 13 0050 B W HENN;NG & R L HENNING 245 TONKA AVE ORONO MN 55356 BRIAN W HENNING REBECCA L HENNING 245 TONKA AVE LONG LAKE MN 55356 38 05-117-2313 0051 JESSE SABEAN & ASHLEY SABEAN 225 TONKA AVE ORONO MN 55356 JESSE & ASHLEY SABEAN 225 TON KA AVE LONG LAKE MN 55356 38 05-117-23 13 0054 T M ZIESMER & M T ZIESMER 3440 BAYSIDE RD ORONO MN 55356 TODD M & MARIE T ZIESMER 3440 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0012 STATE OF MINN 38 ADDRESS UNASSIGNED ORONO MN 00000 DNR REAL ESTATE MGMT ATTN DEBBIE GURT[N 500 LAFAYETTE RD ST PAUL MN 55155 38 05-117-23 14 0018 SCOTT D HOCHSTEDLER 290 CRESTVIEW AVE ORONO MN 55356 SCOTT D HOCHSTEDLER 29D CRESTVIEW AVE LONG LAKE MN 55356 38 C5 -I;7-23 14 0019 BRYAN QUADERER 235 CRESTVIEW AVE ORONO MN 55356 BRYAN QUADERER 235 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0020 JOHN D TIES 245 CRESTVIEW AVE ORONO MN 55356 JOHN D TIES 245 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0021 STEPHANIE REIMAN 255 CRESTVIEW AVE ORONO MN 55356 STEPHANIE REIMAN 255 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0022 ROBIN GRIERSON 265 CRESTVIEW AVE ORONO MN 55356 ROBIN GRIERSON 270 CRESTVIEW AVE ORONO MN 55356 38 65-117-23 14 0023 MARIE A HEDTKE SUBJIL E 275 CRESTVIEW AVE ORONO M.N 55356 HAROLD & DELORES HANSON 275CRESTV FW AVE LONG LAKE MN 55356 38 05-117-23 14 0024 SANDRA J NICCUM 285 CRESTVIEW AVE ORONO MN 55356 SANDRA J NICCUM 285 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0028 P O SKOOG & S L SKOOG 250 TONKA AVE ORONO MN 55356 PAUL O & SHERRY L SKOOG 735 DICKEY LKE DR LONG LAKE MN 55356 38 05-117-23 14 0029 CHRIS J BU T CERFIELD 230 TONKA AVE ORONO MN 55356 CHRIS J BUTTERFIELD 230 TONKA AVE LONG LAKE MN 5535E 38 05-117-23 14 0030 REGINA ENGEBRITSON 315 CRESTVIEW AVE ORONG MN 55356 REGINA ENGEBRITSON 1250 ARBOR ST WAYZATA MN 55391 38 05-117-23 14 0043 THOMAS R BETZ 300 CRESTVIEW AVE ORONO MN 55356 THOMAS R BETZ 300 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0049 STATE OF MINN 38 ADDRESS UNASSIGNED ORONO MN 00000 DNR REAL ESTATE MGMT ATTN: DEBBIE GURTIN 500 LAFAYETTE RD ST. PAUL MN 55:55 38 05-11.7-23 14 0055 JEFFREY S MELBY 240 CRESTVIEW AVE ORONO MN 55356 JEFFREY S MELBY 240 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0061 PA&KSSKOOG 280 TONKA AVE ORONO MN 55356 PHILIP & KAREN SKOOG 28C TONKA AVE LONG LAKE MN 55356 38 05-117-23 14 0062 SUSAN AM GOHMAN TRUSTEE 33G TONKA AVE ORONO MN 55356 SUSAN AM GOH MAN 330 TONKA AVE LONG LAKE MN 55356 38 05-117-23 140063 ROBIN WEISS GWERSON 270CRESTV;EW AVE ORONO MN 55356 ROBIN WEISS GRIERSON 270 CRESTV!EW AVE LONG LAKE MN 55356 RUN DATE: 10/1112016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 2 38 03-117-23 14 0067 SCOTT NAISBITT/NANCY FAHIM 3225 GRAHAM HILL RD ORONO MN 55356 SCOTT NAISBITT NANCY FAHIM 3225 GRAHAM HILL RD LONG LAKE MN 55356 38 05-117-23 14 0068 COURTNEY R KILL TRUSTEE 3235 GRAHAM HILL RD ORONO MN 55356 ROBERT C & COURTNEY R KILL 3235 GRAHAM F.LL RD LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer, should understand, however. that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. r OCT 18 2016 3880 CITY OF ORONO PC Exhibit Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 10/11/2016 05 ! 05-117-23-13 05-117-23-42 Buffer Size. 350 feet Map Comments: 230 Tonka Avenue Orono MN 55356 0511723140029 05-117-23-41 0 120 240 480 tt I I I I I I I I I For more information contact: RECEIVED Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 OCT 1 8X704@ gis.info@hennepin.us CITY OF ORONO 3880 Council Exhibit E MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Elenkiwich stated it appears to be about 30 feet wide. The original intention was to landscape that entire area. Elenkiwich stated they would like to add more greenscape to that area to help soften the appearance of the corner. Landgraver moved, Olson seconded, to recommend approval of Application No. 16-3879, Scenic Sign Corporation on behalf of Lunds Real Estate, 3333 Shoreline Drive, granting of a sign variance and a sign height variance. VOTE: Ayes 6, Nays 0. 4. #16-3880 EVERLAST ENTERPRISES, INC., P.M. — 7:28 P.M. A1111111111 A representative from Everlast Enterprises was present. ANCES, 7:22 Curtis stated the property owner is proposing to demolish the existing structure and construct a new two- story residence on the property. The applicant is requesting the following variances in order to do so: 1. A setback variance for a 30 -foot setback where a 50 -foot setback is required from Tonka. 2. A setback variance for a 40 -foot setback from the undeveloped Brook Street on the north side where a 50 -foot setback is required. Because the property is a nonconforming lot of record and does not meet the area and width standards, lot area and lot width variances are also required. All the other zoning standards will be met. Staff finds that there are practical difficulties supporting the requested variances to redevelop the property. The setbacks proposed are consistent with the neighborhood and offers a greater separation from the home to the south. Page 13 of 38 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Staff recommends approval of the variances conditioned upon compliance with the City Engineer's comments relating to the grading site plan at the time of building permit. No public comments have been received. The Planning Commission had no questions for Staff. The Applicant stated he is here to answer questions. Chair Thiesse opened the public hearing at 7:25 p.m. There were no public comments. Chair Thiesse closed the public hearing 7:25 p.m. Thiesse asked if it is possible to position the house north and south to eliminate the side yard setback. Curtis indicated that is correct. The applicants felt by positioning the house as proposed they have more distance between them and the neighbor to the south. The area to the north is likely to never be developed since it is a platted alley. The other piece that separates the alley from the Luce Line is not available land to make a cul-de-sac since both streets are very tight dead -ends. Curtis stated for all intents and purposes, the applicants are meeting the 30 -foot setback but they do technically require a 50 -foot setback on the north. Thiesse stated he agrees with that but that he felt the issue needed to be discussed. Lemke moved, Schoenzeit seconded, to recommend approval of Application No. 16-3880, Everlast Enterprises, Inc., 230 Tonka Avenue, granting of lot area, lot width, and setback variances. VOTE: Ayes 6, Nays 0. 5. #16-3881 CHARLES CUDD, 2525, 2535, AND 2545 SHADYWOOD ROAD, EASEMENT VACATION, 7:28 P.M. — 7:32 P.M. Page 14 of 38 Date Application Received: 10/7/16 Date Application Considered as Complete: 10/7/16 Initial 60 -Day Review Period Expires: 12/6/16 60 -Day Extension Sent 11/29; Extended Review Period Expires: 2/5/17 Department Approval: Name: Michael P. Gaffron Title: Senior Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Y" -/- Date: December 6, 2016 Item No.: 18 Agenda Section: Planning Dept. Item Description: #16-3877, George Stickney o/b/o Mooney Lake Preserve Lots 1-7, Block 1 - Average Setback Variances — Resolution Zoning District: RR -1B, One Family Rural Residential, 2 acre/200' min. width Lot Area/ Width: Varies; each lot meets the 2 acre/200' width standard List of Exhibits A — Resolution B — Notice of PC Action 11/28/16 C — Draft PC Minutes of 11/21/16 D — Planning Commission Memo and Exhibits dated 11/15/16 Application Summary: The applicant on behalf of the owners of the seven lakeshore lots abutting Mooney Lake requests a variance to exempt the properties from the average lakeshore setback regulations. Please review the attached Planning Commission memo, exhibits and draft minutes. Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its November 21 meeting, and voted 6-0 to recommend approval of the average lakeshore setback variance for each of the seven Mooney Lake Preserve lakeshore lots. Planning Commission made the following additional recommendations: 1. Review of the average setback by staff at the time of building permit issuance shall be by "the appropriate City staff' rather than the Community Development Director. 2. The average lakeshore setback variance should apply only to the original homes to be constructed on the lots and not to any future replacement homes. The City Attorney has reviewed the advisability of this second condition. It is noted that once the initial homes are constructed in the originally anticipated locations per this variance approval, future home replacement is not likely to occur for many decades. For example, consider a home built in 2017 which was allowed to encroach the average setback via this variance process. If the owner in 2047 wants to rebuild in the same location but with a slightly different footprint, and staff 16-3877 Mooney Lake Preserve December 6, 2016 Page 2 finds that there is no additional impact on the lake views enjoyed by neighbors, the owner would still be required to go through the variance process for no good reason. In staff's opinion, the proposed resolution language guiding the location of homes should be sufficient for future rebuilds as well as the initial home construction, as follows: 1. The proposed or possible home site location depictions for Lots 1 through 7, Block 1, MOONEY LAKE PRESERVE as shown on the drawings (attached hereto as Exhibit A), which were established during final plat approval are approved for principal residence construction in the locations depicted. Any substantial relocation of homes or accessory structures lakeward of said depictions which in the opinion of the Orono Planning Department might impair lake views of one or more adjacent lakeshore lots shall require an average lakeshore setback review by the Planning Commission and City Council. 2. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only. The variances granted herein and the conditions imposed are intended to remain valid for construction of the initial principal residence structure on each lot, and do not expire. Future replacement or reconstruction of the initial principal residence structure on a Lot shall be subject to these same conditions. Staff Recommendation: Staff recommends approval of the average lakeshore setback variances as proposed, subject to the Planning Commission's first recommended condition but not the second condition. The `permanent' status of these variances is appropriate given that this is a new subdivision for which initial home construction might not take place within the normal 1 -year allotted timeframe for use of a variance (and for Lots 1 and 2 which are owned by the adjacent neighbor in Plymouth to maintain open space for the time being, it could be many years before these two lots are built on). COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution entitled A Resolution Granting Variances to Municipal Zoning Code Sections 78-128 and 78-1279(6) for Lots I through 7, Block 1, Mooney Lake Preserve -File No. 16-3877. CITY OF ORONO council RESOLUTION OF THE CITY COUNCIL Exhibit A hIs] A RESOLUTION GRANTING A VARIANCE TO ORONO MUNICIPAL ZONING CODE SECTIONS 78-128 AND 78-1.279(6) FOR LOTS 1, 2, 3, 4, 5, 6, AND 7, BLOCK 1, MOONEY LAKE PRESERVE -- FILE NO. 16-3877 WHEREAS, George W. Stickney (hereinafter the "Applicant") on behalf of the owners of Lots 1, 2, 3, 4, 5, 6, and 7, Block 1, MOONEY LAKE PRESERVE (hereinafter the "Lots") on October 7, 2016 made an application to the City for variances to Orono Municipal Zoning Code Section 78-1279(6) in order to allow a new home on each Lot to be constructed lakeward of the defined average lakeshore setback line where no such encroachment is normally allowed; and a variance to Section 78-128 to allow said variances to be applicable on a permanent basis rather than subject to the standard 1 -year expiration if not used; and WHEREAS, on November 21, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono 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 November 21, 2016, the Planning Commission on a vote of 6-0 recommended conditional approval of the variances; and WHEREAS, on December 12, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning this property: FINDINGS OF FACT: Al. The analysis. contained within staid memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Lots are located within the RR -113 Single Family Rural Residential District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200' for construction of a single family residence. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A3. Each of the Lots abuts Mooney Lake. The Lots are each in excess of 2.0 acres in area, and each meets the minimum required lot width at the OHWL of Mooney Lake as well as at the 100' lakeshore setback line. As of the adoption of this resolution, all of the seven Lots are vacant. A4. The Lots are located within Stormwater Quality Overlay District Tier 1 which allows 25% hardcover. A5. The Applicant is the developer of MOONEY LAKE PRESERVE and as of the date of this Resolution has sold 5 of the 7 lakeshore Lots and retained ownership of 2 Lots. A6. In the original subdivision application for MOONEY LAKE PRESERVE, possible house pads, and in some cases expected house locations, were depicted in order to show that each proposed Lot had a suitable conforming building site. On some Lots the depicted locations were the only feasible location for a home based on topography, tree preservation, wetlands, stormwater ponding, septic sites, driveway locations, or a combination of these site factors. A7. The plat of MOONEY LAKE PRESERVE was approved without a reference to the potential impacts of the Average Lakeshore Setback ordinance (the "Ordinance"), Orono Zoning Code Section 78-1279(6) which is predicated on the relationships of home locations on the immediately adjacent lots. The intent of the average lakeshore setback rules is preservation of lake views enjoyed by adjacent properties. Absent provisions to address the average lakeshore setback, depending on which lot is built on first, the average setback rule could force a variance situation for one or more of these newly platted Lots. As a result, it was recommended by City staff that the developer apply for a `blanket' average lakeshore setback variance on behalf of the owners of the seven lakeshore Lots. A8. Under the ordinance as currently written, administration of the average lakeshore setback is completely reliant on the location of the existing homes on the two adjacent lakeshore lots. When there is no home on one of the adjacent lakeshore lots, the required average setback is defined as the setback from the lake of the home on the opposite adjacent lot. When neither adjacent lot contains a home, the average setback is undefined, and the applicant's home may be placed at the required lake setback for that zone. A9. As documented in the staff report to the Planning Commission dated -November 15, 2016, the impacts of the provisions of the Ordinance vary from Lot to Lot, and are a function of the unpredictable timing and individual location of new home construction. As a result, absent a provision to exempt the Lots from the Ordinance, the buildability of a specific Lot may be reduced or even nullified by actions of an adjacent property owner. Such potential impairments are not in the best interest of the City or the Lot owners. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A10. The solution to avoid the need for individual variances resulting from the timing and location of each successive house construction is to grant a blanket variance, establishing conditions of approval that will ensure an appropriate review process in the event of a potential view encroachment. Subject to appropriate conditions, the granting of an average lakeshore setback variance for each of the Lots will meet the intent and spirit of the Ordinance while avoiding the need for individual Lot owners to apply for a variance for a newly platted Lot. A11. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: According to MN §462.537 Subd. 6(2) variances shall only be permitted when the following standards are satisfied (findings applicable to all 7 Lots are in bold text): B 1. Tile variance is in harmony with the general intent and purpose of the Ordinance. Single family homes and the associated amenities are permitted uses in the RR -113 district. The average lakeshore setback ordinance is intended to protect neighboring properties' views of the lake. Granting of the variances with conditions will maintain those views. B2. The variance is consistent with the comprehensive plan. Granting of the variance with conditions will be consistent with the intent of the comprehensive plan to protect lake views. B3. The applicant establishes that there are practical difficulties: a. The property owners propose to use the property in a reasonable manner not permitted by the official controls. The Lot owners are proposing to use their properties in a reasonable manner by constructing new homes in a configuration which while not strictly meeting the provisions of the ordinance will effectively meet the intent of the ordinance. b. There are circumstances unique to the properties not created by the landowners. The varied topography, requirements for tree preservation, and the location of wetlands, stormwater ponds, septic sites, and driveways are unique factors to this subdivision which result in the limited possibilities for placement of homes within each Lot. None of these factors were created by the Lot owners. CITY OF OR.ONO RESOLUTION OF THE CITY COUNCIL NO. c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered by the granting of the average setback variances. The large lot sizes, established setbacks between homes, and anticipated house locations based on individual site factors will tend to create the desired neighborhood character rather than alter it. B4. Economic considerations alone do not constitute practical difficulties if reasonable use for the properly exists under the terms of the Zoning Chapter. Economic considerations have not been a factor in the variance approval determination. The proposed home locations are related to individual site factors and not to economic factors. B5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. B6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for single family homes is an allowed use in the RR -1B District. B7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. City Code 78-123 provides additional parameters within which a variance may be granted as follows: B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The average lakeshore setback ordinance is applicable for all existing lakeshore lots in Orono. However, new lakeshore subdivisions that create multiple single family lots are not common in Orono, as a majority of the City's lakeshore has long been developed. Strict application of the ordinance, which relies on the locations of existing homes in relation to new proposed homes, has the potential to be inconsistent and result in unintended outcomes due to the timing of construction on adjacent lots. B9. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to these Lots apply to all other lakeshore property in the RR -1B District. However, when strictly applied to new lakeshore subdivisions, the ordinance can result in inappropriate home locations which can be avoided by the granting of variances when specific conditions are included. 1310. The granting ofthe application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting of the average lakeshore setback variances with conditions will result in appropriately located homes so that the intent of the ordinance, preservation of lake views enjoyed by adjacent lots, is preserved. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. B11. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. B12. The granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the average lakeshore setback variances is necessary to solve an obvious practical difficulty created by strict application of the ordinance to a new lakeshore subdivision where the placement of a home and timing of construction on any given Lot affects the potential allowable locations for homes on adjacent Lots. In a situation where the location of the first home to be constructed can negatively affect the possible conforming locations for adjacent homes constructed later, granting of variances to the ordinance is an appropriate remedy to alleviate the practical difficulty. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1279(6) in order to allow a new home on each of Lots 1, 2, 3, 4, 5, 6, and 7, MOONEY LAKE PRESERVE to be constructed lakeward of the defined average lakeshore setback line where no such encroachment is normally allowed, and a variance to Section 78-128 to allow said variances to be applicable on a permanent basis rather than subject to the standard I -year expiration if not used; subject to the following conditions: The proposed or possible home site location depictions for Lots 1 through 7, Block 1, MOONEY LAKE PRESERVE as shown on the drawings (attached hereto as Exhibit A), which were established during final plat approval are approved for principal residence construction in the locations depicted. Any substantial relocation of homes or accessory structures lakeward of said depictions which in the opinion of the Orono Planning Department might impair lake views of one or more adjacent lakeshore Lots shall require an average lakeshore setback review by the Planning Commission and City Council. 2. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only. The variances granted herein and the conditions imposed are intended to remain valid for construction of the initial principal residence structure on each lot, and do not expire. Future replacement or reconstruction of the initial principal residence structure on a Lot shall be subject to these same conditions. CITY OF ORONO RESOLliTION OF THE CITY COUNCIL NO. 3. 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. 4. The terms of this resolution shall be considered as a supplement to the approvals granted in Final Plat Approval Resolution No. 6548 and to the Mooney Lake Preserve Development Contract, both documents on file in the office of the City Clerk. This resolution shall be recorded with Hennepin County for each of Lots 1 through 7. Adopted by the Orono City Council on the 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Resolution N 89"37'05" E 1432.73—� ..�..+.- i- i r �r'� ��t � Exhibit A 169.00 60.20 � � � �� !� dudlril lei (�aeetl jkP ee, per Tonene �_ • is i w crtf FYN,a< P4A-r """" m N E UU _ 3'T E TOTAL), R� 2. , ACRES DRY CO p WETLAND \ P PONb I WETILAND i I CG-A RES TOTAL+� \ `\1 M L 3.50 Il .441 U— 8hamfimem4,&14 el N, OTAA IG BUFFER X 4.00 TO g M1 / .. �;�11 j 71111 NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway ZONING FILE: PO Box 66 Crystal Bay, MN 55323 DATE OF 952.249.4620 NOTICE: TO: George W. Stickney Coldwell Banker Burnet Realty 201 East Lake Street Wayzata, MN 55391 #16-3877 November 28, 2016 COPIES: Wood Duck Land LLC c/o Waycross P.O. Box 5628 Minneapolis, MN 55440 Paul & Michele Balthazor 9013 Farnsworth Ave N Brooklyn Park, MN 55443 Stephen P. Carey 5425 Terraceview Lane N Plymouth, MN 55446 Jason & Erin Brass 11396 Welters Way Eden Prairie, MN 55347 TYPE OF REQUEST: Variance Review DATE OF MEETING: November 21, 2016 Council Exhibit B The Orono Planning Commission voted 6-0 on a motion to recommend approval of the average lakeshore setback variance for each of the seven Mooney Lake Preserve lakeshore lots. Planning Commission made the following additional recommendations: 1. Review of the average setback by staff at the time of building permit issuance shall be by "the appropriate City staff' rather than the Community Development Director. 2. The average lakeshore setback variance should apply only to the original homes to be constructed on the lots and not to any future replacement homes (the City Attorney is reviewing the viability of this condition). Vote: 6 For 0 Against Applicants' next scheduled meeting is Monday, December 12, 2016. This is a City Council meeting. The meeting begins at 7:00 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Mike Gaffron at mgoffron@ci.orono.mn.us or 952.249.4622. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Council Monday, November 21, 2016 < Exhibit C 6:30 o'clock p.m. ``,0 w ROLL CALL The Orono Planning Commission et on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners inaver, Bruce Lemke, Denise Leskinen, Loren Schoenzeit. Representing Staff wereDevelopment Director Jeremy B art, Senior Planner Michael Gaffron, City Planner MelaRecorder Jackie Young. ayor Lili Tod McMillan was present. Commissioner Chad O 6:33 p.m. Chair Thiesse called the meeting to order at 6:30 p.m., 11oyv6d by the Pledge of Allegiance. NEW BUSINESS 1. APPROZ7,2016, OiVLNIISSION MEETIN7theOron ES OF OCTOBER 17, 2016 Schoenzeit movo approve the minutes oPlanning Commission meeting of Octoed. VOTE: Ayes 5, Nays 0. 2. #f16-3877 GEORGE STICKNEY ON BEHALF OF BPH PROPERTIES, 930 AND 970 PRAIRIE VIEW LANE, AND 1020,1050,1100,1160 AND 1180 MOONEY LAKE DRIVE, VARIANCE, 6:32 P.M. — 7:04 P.M. George Stickney, BPH Properties, was present. Gaffron stated the applicant, on behalf of the owners of the seven lakeshore lots abutting Mooney Lake, requests a variance to exempt the properties from the average lakeshore setback regulations. The plat was approved last year. An item brought to Staff's attention by one of the builders on the site was that the average lakeshore setback was not addressed in the plat approval resolution. The average lakeshore setback line is predicated on the relationship of the home locations on the immediately adjacent lots. Since Staff does not process very many subdivisions on the Lakeshore, it was something that was not addressed as part of the Mooney Lake subdivision review. Page I of 38 MINUTES OF THE ORONO PLANK NG COMMISSION MEETING ~1 Monday, November 21, 2016 6:30 o'clock p.m. Gaffron stated the areas depicted in yellow are the locations of the proposed homes. These locations were approved at both preliminary and final plat approval. What was not recognized at the time is depending on the timing, certain homes could be built before others and they could have an impact on the lakeshore setback for a new home going in. Under the ordinance as currently written, administration of the average lakeshore setback is completely reliant on the location of the existing homes on the two adjacent lakeshore lots. When there is no home on one of the adjacent lakeshore lots, the required average setback is defined as the lake setback of the home on the opposite adjacent lot. When neither adjacent lot contains a home, the average setback is undefined, and the applicant's home may be placed at the required lake setback for that zone. Gaffron stated the language could result in some unacceptable scenarios. As it relates to Lot 1, the average setback line is defined by the point of the house on the two adjacent lots closest to the lake. The neighboring house is in the City of Plymouth. The house on Lot 1 will not have an issue if they construct on the proposed location. To build any closer to the lake would be problematic given the steep slope heading down to the lake. Lot 1 in its proposed location will be more than 200 feet from the lake. With regard to Lot 2, the proposed house site is just below the top of a steep slope about 30 feet above the lake and 200 feet from the shoreline. Placing the house any further lakeward would start to encroach on the average setback line and would require extensive grading or filling of the slope. Septic sites are also a limiting factor. It is not likely that this house would move nearer the lake, but if it did, there could be a slight impact on lake views enjoyed by Lots 1 or 3. The proposed house location for Lot 3 is about 150 feet from Mooney Lake and is quite restricted due to the wetland in the southwesterly half of the lot as well as by septic site locations. If the home on Lot 3 was pushed up against the 100 -foot lakeshore setback line, there would be no impact on the adjacent lots' views of the lake. The proposed house location on Lot 4 is very near the road and approximately 400 feet from Mooney Lake. The relative distance between the homes and the shape of the lakeshore in this area means that no lake views enjoyed by Lots 3 or 5 will be affected. Although it is not likely, moving the house as far forward as possible toward the lake would not impact the neighbor's views unless the house on Lot 3 is moved far westward. Page 2 of 39 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. IN On Lot 5 the possible house locations are very restricted by a wetland, a stormwater pond, topography, and septic sites. Moving the house eastward would require a different grading plan and potentially impact the wetland pond. The house could not move substantially westward, but angling it differently could negatively impact the average setback line for Lot 6. It would have minimal, if any, impact on adjacent homes' lake views. The proposed house location for Lot 6 is approximately 130 feet from Mooney Lake and lies westerly of the previously existing home on this site. If the home on Lot 7 moves west, the average lakeshore setback encroachment for Lot 6 will increase. There would be no impact on the neighbors' take views even if the home moves forward. With regard to Lot 7, the proposed house location is about 150 feet from Mooney Lake and sits on a terrace just above a 15-20 percent steep slope. If the home on Lot 6 moves lakeward, that reduces the average lakeshore setback encroachment for Lot 7. Moving the house on Lot 7 westward increases the average lakeshore setback encroachment for Lot 6 but has no view impacts. The following unacceptable scenarios could result from strict enforcement of the ordinance: If the first home to be built in the subdivision is on Lot 4, then if Lots 2 or 6 are vacant at the time someone wants to build on Lots 3 or 5, the average setback for Lots 3 or 5 would be established at the 400 -foot setback of Lot 4, making Lots 3 and 5 unbuildable. 2. If a home is built on Lot 7 further west than depicted, which would still be conforming, that would potentially make Lot 6 unbuildable because the house on Lot 6 could not be moved further west due to topography and septic constraints. Similarly, because the home site on Lot 5 is relatively inflexible, if the first house goes in on Lot 5 as proposed with no house on Lot 7 when Lot 6 is ready to build, Lot 6 cannot meet the required 200 -foot setback established by the house location on Lot 5. Page 3 of 38 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Gaffron stated the bottom line from Staff perspective is, regardless of where the homes are built, there is no impact to the views. It is also very likely the homes will be built as shown, but if one is relocated even slightly, there could be an impact on the average setback line for others. Gaffron stated the way to resolve this is to grant a blanket variance over each of the seven lots that establishes conditions of approval that will ensure an appropriate review process in the event of a potential view encroachment. Staff would propose the following variance language and conditions: "The proposed house or possible house site location depictions for Lots 1 through 7, Block 1, as shown on the attached drawings which were established during final plat approval are approved for house construction in the locations depicted. Any substantial relocation of homes lakeward of said depictions, which, in the opinion of the Orono Community Development Director, might impact lake views of one or more adjacent lakeshore lots, may require an average lakeshore setback review by the Planning Commission and City Council." Gaf&on stated an encroachment should not occur unless one of the building pads is dramatically altered. In that situation, the application would be brought back before the Planning Commission and City Council for review. Landgraver asked if the timing of when the homes are built is also a factor. Gaffron indicated it is. Gaffron stated if the house on Lot 4 was built first, technically the house on Lot 3 and Lot 5 would need to meet that 400 -foot setback. Gaffron stated it is not reasonable to expect those two homes to meet that setback and that a variance should have been approved as part of the plat approval. Lemke asked if the existing house encroaches into the 100 -foot setback. Gaffron pointed out the location of the original Dayton house on the overhead and noted that house is no longer there, but did have a slight encroachment. Page 4 of 38 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Leskinen asked if this would only come back to the Planning Commission if there was a potential impact on the lake views. Gaffron indicated that is correct. Thiesse asked if it would only come back if it impacts a view of anything that has lakeshore. Gaffron stated it would be the views of the lake. Gaffron noted currently the views of the lake are a function of the shape of the lakeshore. Thiesse asked if Orono's Community Development Director will determine whether there is an impact. Gaffron stated every time a building permit comes in on this development, Staff would review it to see if there are any view impacts. Given the existing layout, there are no view impacts, but if one of the homes does suddenly move to a point where they could impact somebody's view of the lake, it would need to come back before the Planning Commission. Thiesse asked if that would also be for the second and third go -around of building 15 to 20 years from now. Gaffron stated he has not looked at that. George Stickney, BPS Properties, stated the situation is a little unique given the new seven lakeshore lots and the fact that Orono's ordinance was made to address existing homes. Stickney stated on a new subdivision, if the seven lots were in a straight line, it would be easier to deal with the average lakeshore setback ordinance. Stickney stated a couple of builders mentioned the average lakeshore setback line to him and Staff and it was felt that this should have been addressed at the time of preliminary and final plat. Stickney noted they have a very strict covenant and architecture review committee for this subdivision and that they will not be allowing any homes to be constructed in the Big Woods. Stickney stated he can come up with some extreme examples, but that it is very unlikely those scenarios will occur. Page 5 of 38 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Stickney stated the only lot that might get within 150 feet of the lake with a pool or something may be W Lot 3 and that all the homes were planned to be 150 to 200 feet back from the lake. Stickney noted Lots 1 and 2 will probably not get built on for a number of years since they were purchased by the adjacent property owner and that the house pad on Lot 4 is even further back from Lake Mooney. Stickney stated in his view they can handle it on a staff level and that they will also be managing it through the architecture review committee to make sure no one is harmed. Stickney stated it is his understanding the City of Medina does not have an average lakeshore setback ordinance. Chair Thiesse opened the public hearing at 6:49 p.m. There were no public comments. Chair Thiesse closed the public hearing at 6:49 p.m. Leskinen stated in her view a blanket variance is a reasonable solution to a potential problem. Landgraver commented he is in agreement with Commissioner Leskinen and that there should be some termination date for the variance once all the homes are built. Schoenzeit suggested if an average lakeshore setback line is established, they should no longer be exempt. Gaffron stated there still could be potential issues. If Lots 5 and 7 are built exactly as shown, Lot 6 would need an average lakeshore setback encroachment to build where proposed. Thiesse stated the intent of the ordinance is to eliminate any surprises for the neighbors, and if everyone knows where the building pads are to start with, the surprise has been taken away. Thiesse stated his biggest concern is that the variance is shown to someone who wants to purchase a lot and then the owner of the lot next door would not be aware of that since he purchased his property before the variance was granted. Page 6 of 38 MLN;UTES OF THE ORONO PLANNLYG COMNUSSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Stickney stated they will govern that with the architecture review committee to make sure the houses are placed correctly and that the correct number of trees are cut in the Big Woods. Stickney noted the homes are proposed to be approximately 500 feet away from each other and that it really should not matter. Stickney noted when he was the developer for Brackett's Point, this same problem came up because they could not adhere to the ordinance and a blanket variance was recommended. Stickney stated with proper oversight and control by the homeowners, it should not be a problem. Stickney noted Lot 4 has to stay away from the septic sites and the owners desire a big yard. Stickney stated once those homes are built and the average lakeshore setback is established, it would be very difficult to deviate from that. Schoenzeit commented it is the second generation house that is the concern. Stickney stated given the price range of the homes, it is very unlikely that anyone will be tearing any of them down in the foreseeable future. Thiesse asked if there is a concern with having the neighbors make the determination of who can build closer to the lake and who cannot. Gaffron stated the City still has various other setbacks that would need to be met, in addition to the topography, and that the situation with the average lakeshore setback would be pretty much self - controlling. Gaffron stated based on a lot by lot analysis, he does not feel there are significant issues. Lemke asked what would happen if someone wanted to add on to the house, install an 8 -foot fence, or construct an accessory structure lakeward of the house sites. Gaffron indicated someone could put in a pool, which would not obstruct anyone's view, but that they would likely not be allowed to place a building there that obstructs views. A property owner also would not be able to have a fence that is higher than 42 inches lakeward of the average Lakeshore setback line and no fence would be allowed within 75 feet of the lake. Lemke asked if the blanket variance would only pertain to the principal structure. Page 7 of 38 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Gaffron indicated that is correct. Stickney stated there is really no great need for any of the homes to move back or forward and that some of the lots are very limited. Stickney stated the location of the homes will be controlled through the homeowners, staff, the taxpayers, and him. Landgraver noted the City Council approved the final plat and that this is a technical amendment to take into account the timing issues. Landgraver stated his only reservation is that the blanket variance has a termination date, and following completion of construction, the normal rules and regulations would apply. Gaffron stated the only reservation is that Lots land 2 have been purchased by the adjacent neighbor to the east and that it is likely they will not be built on for a number of years. Leskinen asked if it possible to add language in the blanket variance that this variance applies to the original homes in this plat so that subsequent redevelopment would not have the ability to take advantage of the blanket variance. Gaffron concurred that type of language would probably make the most sense. Schoenzeit stated in many ways the expectations with this development are that the yellow pads will be the building pads. Thiesse asked if Mr. Stickney is okay with the blanket variance only applying to the original homes in the development. Stickney stated the building pads would still get reviewed and they will have to comply with the covenants. Landgraver noted the blanket variance would supersede the covenants. Stickney stated given the nature and size of the properties, they will have enough room to build and have a yard. Stickney stated he will not allow anyone to be 100 feet from the lake. Page 8 of 38 MINUTES OF THE ORONO PLANNLYG COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Landgraver noted the suggested language by Staff states the community development director will make the determination and that he would suggest the language also include "or a similar staff person" since titles could change. Leskinen moved, Schoenzeit seconded, to recommend approval of Application No. 16-3877, George Stickney on behalf of BPH Properties, 930 and 970 Prairie View Lane, and 1020, 1050, 1100, 1160, and 1180 Mooney Lake Drive, granting of a blanket variance as proposed to exempt the seven lots from the average lakeshore average setback regulations, subject to making the variance applicable to the original homes only, and subject to the language being revised to say the community development director or similar city agent. VOTE: Ayes 6, Nays 0. 3. ##16-3879 SCE1 W SIGN CORPORATION ON BEHALF OF Y(JNDS REAL ESTATE, 3333 SHORELINE DRIVE, ARIANCE, 7:04 P.M. — 7:22 P.M. Mike Edreti, Scenic Sign Corporatio was present. / Barnhart stated the applicant proposes to costruct a pole a style sign 18 feet high, 0.0 feet from the property line. A monument style sign, no high than n feet, set back at least ten feet from the property line is permitted in the business zoning districts. Barnhart stated the notification area inclu:edan properties ithin 350 feet, with the large majority of the properties being commercial. Barnhart n email co ent was received late this afternoon expressing a concern regarding the viiility of the sign. i Barnhart stated the proposed sigd is 18 feet, two inches tall and 36.22 quare feet. The original pylon sign was 43.5 square feet and 8 felt, 2 inches from grade to the top of the sigiNnd was removed in May of 2015. The proposed sign)kill be located at the property line in the northeastXorner of the site. A portion of the right-of-way j�St/olilnclude nto the Lund's property to accommodate some traffic c trol devices. The proposed sign will two brick veneer columns. The veneer will match a veneer used in the principal struc The sign structure will include a standing seam metal roof over th sign face, which will be green and backlit. Page 9 of 38 Date Application Received: 1017116 Date Application Considered as Complete: 1017116 60 -Day Review Period Expires: 1216116 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Mike Gaffron, Senior Planner Date: November 15, 2016 Subject: #16-3877, George Stickney o/b/o Mooney Lake Preserve Lots 1-7, Block 1 - Average Setback Variances - Public Hearing Application Summary: The applicant on behalf of the owners of the seven lakeshore lots abutting Mooney Lake requests a variance to exempt the properties from the average lakeshore setback regulations. Staff Recommendation: Staff is recommending approval of the variances, subject to a number of specific conditions which will provide the necessary level of lake view protection while eliminating the issues caused by timing of construction on individual lots. Zoning District: RR -IB, One Family Rural Residential, 2 acre/200' min. width Lot Area/ Width: Varies; each lot meets the 2 acre/200' width standard List of Exhibits Exhibit A. Application & Submitted Sketches Exhibit B. Record Plat Drawing Exhibit C. Survey Depicting Building Sites Approved with Final Plat Exhibit D. Staff Sketches: Examples I thru 7 Depictizag Average Setback Scenarios Exhibit E. Practical Difficulties Statement Exhibit F. Plat Map Exhibit G. Property Owners List Exhibit H. Photos Background During the original subdivision application review for Mooney Lake Preserve, possible house pads, and in some cases expected house locations, were depicted in order to show that each proposed lot had a suitable conforming building site. On some lots the depicted locations were the only feasible location for a home based on topography, tree preservation, wetlands, stormwater ponding, septic sites, driveway locations, or a combination of these site factors. The plat was approved without a reference to the potential impacts of the Average Lakeshore Setback ("ALS") ordinance, which is predicated on the relationships of home locations on the immediately adjacent lots. Orono does not process very many subdivisions of lakeshore property (only 4 or 5 in the past 15 years), and the issue of possible average lakeshore setback limitations did not surface during the Mooney Lake review. However, it was brought to our attention by a local builder looking at one of these lots that depending on which lot was built on first, the average setback rule could force a variance situation. Council Exhibit D FILE #16-3877 November 15, 2016 Page 2 of 8 Staff agreed and after consulting with the City Attorney it was recommended that the developer apply for a `blanket' average lakeshore setback variance on behalf of the owners of the seven lakeshore lots. This same issue was discussed during the more recent final plat approval for Tanager Estates and those lots were exempted from the average setback rules subject to a number of conditions related to the preservation of lakeshore views, which is the basis for the average setback ordinance. Review of Potential Average Lakeshore Setback Impacts Please review the sketches (Exhibits D) depicting the house locations reviewed with the Mooney Lake plat. For a majority of the lots the likely house sites are relatively limited, but in some cases shifts of a few feet or many feet forward or back are possible and could impact the average setback line for adjacent future homes. Note that each new home must meet the minimum setbacks of 100' from Mooney Lake, 30' from side lot lines, and 50' from the street lot line. Example 1: Lot 1— The proposed house location on Lot 1 is approximately 220 feet from Mooney Lake and sits 40 feet above the lake. Based on the location of the home to the immediate east in Plymouth, there is no encroachment or potential encroachment of the average setback, and this house location does not impact lake views enjoyed by neighboring lots. A lakeward shift of the house site on Lot 2 could slightly impact the views for Lot 1. A southward shift of the house site on Lot 1 could result in an average setback encroachment for Lot 2 Example 2: Lot 2 — On Lot 2 the proposed house site is just below the top of a steep slope about 30 feet above the lake and 200 feet from the shoreline. Placing the house any further lakeward would start to encroach the average setback line and would require extensive grading or filling of the slope. Septic sites are also a limiting factor. It is not likely that this house would move nearer the lake, but if it did so there could be a slight impact on lake views enjoyed by Lot 1. Example 3: Lot 3 — The proposed house location is about 150 feet from Mooney Lake and is quite restricted due to the wetland in the southwesterly half of the lot as well as by septic sites locations. As proposed, the house encroaches past the average setback line as defined by proposed house locations on Lots 2 and 4, but the encroachment will have no impact on lake views enjoyed by those two adjacent lots due to the curvature of the shoreline and differences in elevation. Even if the home on Lot 3 was pushed up against the 100 -foot lakeshore setback line (which would be a significant encroachment of the average setback line) there would be no impact on the adjacent Lots' views of the lake Example 4: Lot 4 — The proposed house location on Lot 4 is very near the road, approximately 400 feet from Mooney Lake. A graded house pad is proposed. The plan for this site leaves a long expansive lakeshore yard between the house and the wetland abutting the Lakeshore. As proposed, the house site on Lot 4 somewhat impacts the average setback line for Lots 3 and 5. The relative distance between homes and the shape of the lakeshore here means that no lake views enjoyed by Lots 3-4-5 will be affected by other homes. If a purchaser of Lot 4 was to opt to build further east on the site, ignoring the proposed building FILE #16-3877 November 15, 2016 Page 3 of 8 pad, other building issues would likely arise such as low topography of the site and high water table, but again the lake views of this and neighboring lots would not be affected. Example 5: Lot 5 — On Lot 5 the possible house locations are very restricted by a wetland, a stormwater pond, topography, septic sites and tree preservation areas. The proposed house site is centrally located in the north half of the lot, about 200 feet from the shore and 40 feet from the wetland pond. Approved grading plans indicate a house pad to be graded at that location. As depicted, the house location on Lot 5 does not encroach the average setback line as defined by proposed homes on Lots 4 and 6. Moving the house eastward would require a different grading plan and potentially impact the wetland pond. The house could not move substantially westward, but angling it differently could negatively impact the average setback line for Lot 6. Example 6: Lot 6 — The proposed house location is approximately 130 feet from Mooney Lake and lies westerly of the previously existing home on this site. As proposed, there is a slight encroachment of the average setback line as defined by the proposed home locations on Lots 5 and 7. While the house on Lot 6 could move lakeward, as depicted it will have a substantial relatively flat lake yard, and a lakeward movement would increase the average setback encroachment. This house could likely not move westward however, due to the steep slopes just west of the proposed house location. Moving this house eastward toward the lake would likely not have an impact on views enjoyed by Lots 5 or 7 due to the differences in elevation of the adjacent homes and the distance between homes. Example 7: Lot 7 — The proposed house location is about 150 feet from Mooney Lake and sits on a terrace just above a 15-20% steep slope. The house location is lakeward of the average setback line defined by the existing home to the north in Medina and the proposed house location on Lot 6. If the house on Lot 6 is built first and is moved further west than depicted (which is possible) the house on Lot 7 would encroach the average setback even further. However, lake views enjoyed by the home in Medina and the proposed home on Lot 6 will not be impacted by this encroachment. AVERAGE SETBACK ANALYSIS WORKSHEET Lot Proposed Average Potential Impacts to this Potential Impacts on Number House Setback Setback Lot from Relocation of Adjacent Lots of from OHWL Encroachment Adjacent Homes Relocating this Home as Proposed Lot 1 220' None None likely Could result in ALS encroachment for Lot 2 but would not impact neighbor's lake views Lot 2 200' Drone House on Lot 3 moving west Shifting house slightly south or house on Lot 1 moving increases ALS encroachment south could result in ALS on Lot 3 encroachment Lot 3 150' 15-20' House on Lot 2 moving Minimal if any impacts on south increases ALS ALS or neighbor's lake encroachment; House on Lot views regardless of 4 moving lakeward relocation decreases ALS Encroachment FILE 016-3877 November 15, 2016 Page 4 of 8 Lot 4 400' None None likely Although not likely, moving house as far forward as possible toward lake would not impact neighbor's views unless house on Lot 3 is moved far westward Lot 5 200' None None likely Minimal if any impact on adjacent homes' lake views Lot 6 130' 15-20' If home on Lot 7 moves No impact on neighbor's west, ALS encroachment lake views even if home will increase moves forward Lot 7 150' 45-50' If home on Lot 6 moves Moving this house westward lakeward, that reduces the increases the ALS E ALS encroachment for Lot 7 encroachment for Lot 6, but no view impacts APPLICABLE REGULATIONS 78-1279(6): Avenge Lad."s ore 1i t2gu1 s (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right- of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Cove: =lag nuilat a zs: Va: aree (Sec. 723-1-23). In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fare, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C,06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two- family dwelling. FILE #16-3877 November 15, 2016 Page 5 of 8 According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary in bold type — applicable to all 7 lots): 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family homes and the associated amenities are permitted uses in the RR -1B district. The average lakeshore setback ordinance is intended to protect neighboring properties' views of the lake. Granting of the variances with conditions will maintain those views. 2. The variance is consistent with the comprehensive plan. Granting of the variance with conditions will be consistent with the intent of the comprehensive plan to protect lake views. 3. The applicant establishes that there are practical difficulties a. The property owners propose to use the property in a reasonable manner not permitted by the official controls. The property owners are proposing to use their properties in a reasonable manner by constructing new homes in a configuration which while not strictly meeting the provisions of the ordinance will effectively meet the intent of the ordinance. b. There are circumstances unique to the properties not created by the landowners. The varied topography, requirements for tree preservation, and the location of wetlands, stormwater ponds, septic sites, and driveways are unique factors to this subdivision which result in the limited possibilities for placement of homes within each lot. None of these factors were created by the property owners. c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered by the granting of the average setback variances. The large lot sizes, established setbacks between homes, and anticipated house locations based on individual site factors will tend to create the desired neighborhood character rather than alter it. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Economic considerations have not been a factor in the variance approval determination. The proposed home locations are related to individual site factors and not to economic factors. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for single family homes is an allowed use in the RR -1B District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. FILE #16-3877 November 15, 2016 Page 6 of 8 City Code 78-123 provides additional parameters within which a variance may be granted as follows: S. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The average Iakeshore setback ordinance is applicable for all existing lakeshore lots in Orono. However, new lakeshore subdivisions that create multiple single family lots are not common in Orono, as a majority of the City's lakeshore has long been developed. Strict application of the ordinance, which relies on the locations of existing homes in relation to new proposed homes, has the potential to be inconsistent and result in unintended outcomes due to the timing of construction on adjacent lots. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other lakeshore property in the RR -111 District. However, when strictly applied to new lakeshore subdivisions, the ordinance can result in inappropriate home locations which can be avoided by the granting of variances when specific conditions are included. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting of the average lakeshore setback variances with conditions will result in appropriately located homes so that the intent of the ordinance, preservation of lake views enjoyed by adjacent lots, is preserved. 11. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. In the opinion of staff, granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the average lakeshore setback variances is necessary to solve an obvious practical difficulty created by strict application of the ordinance to a new lakeshore subdivision where the placement of a home and timing of construction on any given lot affects the potential allowable locations for homes on adjacent lots. In a situation where the location of the first home to be constructed can negatively affect the possible conforming locations for adjacent homes constructed later, granting of variances to the ordinance is an appropriate remedy to alleviate the practical difficulty. The Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Analysis —'Blanket' Average Lakeshore Setback Variance Under the ordinance as currently written, administration of the average lakeshore setback is completely reliant on the location of the existing homes on the two adjacent lakeshore lots. FILE #16-3877 November 15, 2016 Page 7 of 8 When there is no home on one of the adjacent lakeshore lots, the required average setback is defined as the setback from the lake of the home on the opposite adjacent lot. When neither adjacent lot contains a home, the average setback is undefined, and the applicant's home may be placed at the required lake setback for that zone. The following unacceptable scenarios could result from strict enforcement of the ordinance: If the first home to be built in the subdivision is on Lot 4, then if Lots 2 or 6 are vacant at the time someone wants to build on Lots 3 or 5, the average setback for Lots 3 or 5 would be established at the 400 -foot setback of Lot 4, making Lots 3 and 5 unbuildable. If a home is built on Lot 7 further west than depicted, which would still be conforming, that would potentially make Lot 6 unbuildable because the house on Lot 6 could not be moved further west due to topography and septic constraints. Similarly, because the homesite on Lot 5 is relatively inflexible, if the first house goes in on Lot 5 as proposed with no house on Lot 7 when Lot 6 is ready to build, Lot 6 cannot meet the required 200' setback established by the house location on Lot 5. The solution to avoid the need for individual variances resulting from the timing and location of each successive house construction is to grant a blanket variance, establishing conditions of approval that will ensure an appropriate review process in the event of a potential view encroachment. Staff would offer the following variance language and conditions: "The proposed house or possible house site location depictions for Lots 1 through 7, Block 1 as shown on the attached drawings which were established during final plat approval are approved for house construction in the locations depicted. Any substantial relocation of homes lakeward of said depictions which in the opinion of the Orono Community Development Director might impair lake views of one or more adjacent lakeshore lots may require an average lakeshore setback review by the Planning Commission and City Council." Practical Difficulties Statement Applicant on behalf of the owners of Lots 1 thru 7 has submitted a Practical Difficulties Statement attached as Exhibit E, and should be asked for additional testimony regarding the application. Neighbor Comments Staff has not received any comments from the neighbors as of this writing. Issues for Consideration 1. Does the Planning Commission find that that the property owners propose to use the properties in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the blanket average lakeshore setback variances if granted will not alter the essential character of the neighborhood? FILE #16-3877 November 15, 2016 Page 8 of 8 3. If the Planning Commission concludes that the variances as requested or in some other manner or configuration are justified, does the Commission find it necessary to impose additional conditions other than those proposed in order to mitigate the impacts if any created by the granting of the variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the blanket average setback variance for each of Lots 1 through 7 as proposed, subject to the review conditions noted above. If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval would be in order. It may be appropriate to consider a future amendment to the average setback ordinance that would exempt new lakeshore subdivisions from the average setback requirements under circumstances similar to those encountered with Mooney Lake Preserve. Authen tdgn IR. 53HBUG"r8C4=S4A98-NA856MC77 City of Orono Variance Application Street Addrow: 2750 Kelley Parkway Orow, MN 55356 Main: 952-249-460D Nxx 952-249.4816 MalfingAddress: P.O. Box 66 Cryslat Bay, MN 55323-0068 Application # f (� Date Received: /0-- b---Staff Staff Fee: � Escrow # & S �7) Permit Fee Notes: RECEIVED OCT 0 7 2018 CITY OF ORONO PC ExhibitA Please complete. Applicant will be notlf'ted within 15 days as to the status of the application. Incomplete applications will not placed on Planting Commis�i�rtrAgeda�tu��i 3 �oCD. / 3D �rmtrlt`vwcn . /O2O /7 vn�e SITE LOCATION: �� b f; ++ T, �� p acre v}tt,ytrn' . 'I,tl�ol�Lv+tit?�. urhfg-va,M�..r DESCRPTION OF REQUEST: cay i il0 r I n,%, f.e jf;r f,, I`r I7 (attached additional sheets as necessary) 1 APPLICANT I AI Applicant Name: Phone (Primary): Applicant Email: 29 4 /1 Zy m 11KV J- t us4Oc 4�`� � A —"a� e tines�tv 4p 44 etc, ,5 7 art Address: City- ZIP: Applicant Is: Contractor Homeowner {Circle One) PROPERTY OWNER INFORMA Name: Phone (Primary): e7S2- W7 Mailing Address: Email: C3 here if property owner is same as applicant APPLICANTIAGENT AND/OR OWNER: • Agree to provide all information rewired or requested by the Planning Department, • Agree to pay additional fees (staff time not covered In the origindl fee payment) and/or consultant expenses incurred in review of this applir alloN and • Certify that the Information supplied is true and correct to the best of hWher knowledge. The applicant and owner recognize that they are solely responsible for submhUng a complete application being aware that upon failure to do so, the staff' has no alternative but to reject it until It is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and veriketion of this request. • Owner andfor Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner Is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your project. t ApplicantlAgent Signature: _ rQ Date: aR ks i d -4;r� C04- Applicant/Agent Signature: Date: Property Owner Signature: Date: Lots I & 2 AuBf.efiw Property Owner Signature: J'"t J AWN.. Date: Lot 4 &MMe 1tmHs wrsr Variance ApptiCation - May 2016 ' . s RLot 7 # 3877 Rage Z OiJ # 3877 'W-CEIVED OCT 0 7 2016 cry at= ORONO OCT 0 7 2016 Ti 3877 ! . 1TV OF ORONO i •♦ r WET d P PON v 6 +-A RESTpTAL 0+_ A ORY cows s, \�\ aG� j.IG1 1 VI1 cl1� �+a.7C IYU- J 1JL WETLAND ML r �N — Shore'ine n 4-5-14 _ter # 3877 el rS � X 7 ` Y K Aj i is " '; � r RECEIVED 3877OCT 2016 CITY OF ORONO 4 127 oFC'Tn'�y a 50+- AC 71 ` 1 It 14 a� j `CEIVE® OCT fi 7 2016 3877 C1`CX OF ORONO L. w � 4 G RES D "G �' Does td? 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Ell rg Al i t a f� ONIF s WEr o ! s 7 P PON �r10 Q SE f P 0 p *i1 m WETLAND ML l 3 a+ s 7bTit f 2.1 CD 7I \ f 3, 1 ly SHE e Np Shoreline on 4-8-14 k el 6. w A RES TOTAL` \ \� 3+-A DRY CONTIG CL OC TO AL 4fj I g 50+- AC Y CONn (�[ y�T4q,v l - 0 �C9 Ir U3 3877 T PC Exhibit B Uf%f%KII=V I ALFC GRQNBOM a INSET A 1 0 2 iD 4Q0 WJ LE IN FEET INC. ENGINEERS, LAND SURVEYORS, PLANNERS fill Po=kftmm - I _- IL 6.rq��y�s�.rrerral.iaM a �s��er�twl�iwa �rre�re Nl�lia m� R �0r r wtl s�r..r�epeoarr r.S1R DETAILC NOT TO WALE SHFFT � ng d QW=tr E k r c�i rrvnr►KaW a rWr I N, ff.WFIT 05 2 log TV Lu d z a r \ \ � • I" , �_ \ V { \ \ �\ \ \ _ — +zs vzz 'rzz et 7. cc LCI NN, PC Exhibit C t N Nb771iIC)bW 0 AW I I PC Exhibit D ` fik ov \ CON ZD to CL I � Jdn ( r ` ''� �' `~r �ll i fit" ` ' w - ` \ 1► \ �/ \ i�� AJ 00 \ \ • I / Y I 3 / f x \ \ \ \` -+4ZZ -+4ZZ M \ r f Ane Z\\ — --- — E N r U NV77IiK7b7Y 0 lM!' f Lb LU LU / R byz ZO 1.0 IWO CL d Ar Ile �tv � _+Z5 -+4ZZ W \jF 'I�► / $•n _ Sal �\ , \\� _—_—_----_--- a \ 1 t l� r -P-3 kt, r NV771AVM 0 AW J' --Z - NV771MM D AWr LLS ;OM LU LL W W_Ih OJZ a a v oa LV ui a o co a > a V Vr Wz lot Z = _ CLW aLn V♦ m00 O W z aWg0z r T- F - LU W LL z w a U) o= 0 W AM U d 7 1 g Eplo E s�m6 CL!S ci a =W � Z N a Z gN 3 , c i L a aY Zw va t7 y W z _= z V) � U 4 rL 3 9 ID -S-A 11 ` or. N ` Ul LD co Z N ED _V/ H 129 x� � r � ,vv771rsvw 0 rVVr i u � a .se,za-oo I .. ...i \\\IOW �, jil N It �r \ 0�/f� `""°�"® "_ \ �\ \\�� •...�i —�� \ ck IN, FO r' 4 • SINN 1 1/ 1 ` \ \ \ \ 11 / / � � K—W IN ; / _• Y I 3 % '� ` 1\ aJ I \ \� `f'BL= -f S5 -+4ZZ -Jfzz ------------ J\\ ---- ® -7 PC Exhibit E PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. in order - for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The �pro perty owner pro ores to use the property in a reasonable maonel not per—miffed by! Zonin� Chapter". .. U'rAfi eit �mi',•,. ` d 0-4 :' ts?'� G' ' U- . i 6 T i� � .. .�: u) tj r , e,t6.Cl,�,'�-4'.� °' �- � V ,<�, f{y_. SPP. o-� 'r•a � . 2. "The plight of the landowner is dW to circu stang, s unique to hi; property not rested by the landowner."l �' S o fff. W :'� '� 4f ads �� �'�V ? . I -r 1--Y iy� r7p3 d 3. "The variiajce, if granted, will not alt r the essential ch`practer f the locality." V a I 'T E S. " til J f 2: k' j tv 9 CL, wz •,6- �Ljg tr. , 'I'L211' tv �PtjrL&4; 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property eists under th terms of the Zoflinrq ChaTr. _ .}l{} I ,+l�). ]� pp TIJZ, !l`1 r .. ' �. 11 r`r ! - f L.° t'i s .3 1 - +mit ! [ . 1iW'iy i ?, i i�c ,v -"2 °' � a° t �°� � E I � !_+C�i �sJ a r'i9 •._, / i9 f:Xi .e1h 1°Te.i_� 5. "Practical difficulties 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 Minnesota Statutes, Section 116�j.[.06, Subd. 2, lien in harmonywith.this Chtapter.' r 4405 � ! �r u.r A , l i q l dr i' 0' 7 , f yl,j ,i 6. 'The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." --,LL4, Variance Application — May 2016 Page 4 # 3877 RECEIVED OCT 072016 CITY OF ORONO 0 7. "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." L4, S. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property,. 1y �F Cttr-Vt `I _%Y =. i'i� t��� •. ��'i P,(i .!F% G _POff'-it l�"l=_ 9. "The condifons do np�yt apply generally o other land r strectures in t e dis41 Jk trict in which said ,¢ land �i/s�located." .p ] �pptaa'�. p_P :'hi npq U9 .f 'ted S• Lr:�,' . �; 1 1.3! -p Y `'s p� S' ^. .o 4 r" ire'. Aoo� R. f 49W '.i. I d 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant! 1 - P I) ! 1 If i ' _r,U M I 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be coptrffy to the intent cif the Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, b t is necessary to alleviate demonstrable difficulty.' r ;i gIu3 a,,-, _ 5,il �' 3{.r i_ :& `tt },�&. 1t; .h ° 'j.'`+j-' ak I a1r' _G , .q, ='a. -'Pl r J s; `f` x.:'2 t' jolt" U -IN a Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with .Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Variance Application — May 2016 page # 3877 RECEIVED OCT 072016 CITY OF ORONO Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Date: 9/27/2016 a . PC Exhibit E 1252 25-118-23-13 25AA2344 30-118-22-23 so o _ S • 7ti� t ��.. F h� 25 1123'? 30-118-22 32 4- _.�#.... 3-41 _ x y r 36 b 2.5A 1X23-42gift �w sn me 38 .'s 1 i I 25-1182j-43 3 ' 3 �29Q wV .-25-1'-48 3-4+10 JUS fP :02 .7505 280 i 260 250 250 204 a T 280 3825, 25-118-23-43 - 200 ,� 38� las 260 250 Holht{idi -Fuad s8 216 856 { 7 K Buffer Size; 350 feet 0 120 240 480 ft Map Comments: BPS PROPERTIES LLC 930 Prairie View Drive For more information contact: 1180 Mooney Lake Drive RECEIVED Hennepin County GIS Office Orono, 300 6th Street South MN 55391 Minneapolis, MN 55487 OCT 0 7 2016 gis.info@hennepin.us CITY OF ORONO ,# 3877 wo0•liJane�nnnnnn ..�-•• --.. r--. _�._�,..y. s GP Up IUnlPG4 al @ zalldaH p slues 1 OWIih GAU:IAV 41MMW al zasll ' v aeled @ sapper senanl JOHN C MACMILLAN 38 25-118-23 41 0011 38 25-118-23 44 0021 80 25-118-23 14 0003 WOOD DUCK LAND LLC BPS PROPERTIES LLC PETER M RFCHELBACHER CIO WAYCROSS CIO GEORGE STICKNEY 1242 HUNTER DR PO BOX 5628 201 E LAKE ST WAYZATA MN 55391 MINNEAPOLIS MN 55440 WAYZATA MN 55391 38 25-118-23 410017 PC Exhibit G 38 25-118-23 410012 38 25-118-23 44 0022 BPS PROPERTIES LLC MOONEY LALKE PRESERVE HOWNRS C M JR FAMILY 1983 TRUST CIO GEORGE STICKNEY CIO GEORGE STICKNEY 4545 TRILLIUM DR N 201 E LAKE ST 201 E LAKE ST WAYZATA MN 55391 WAYZATAMN 55391 38 25-118-23 410013 38 25-118-23 44 0023 PAUL J BALTHAZOR MOONEY LAKE PRESERVE HOWNRS MPLS MN 55440 MICHELE L BALTHAZOR CIO GEORGE STICKNEY 38 25-118-23 41 0018 9013 FARNSWORTH AVE N 201 E LAKE ST BROOKLYN PARK MN 55443 WAYZATA MN 55391 38 25-118-23 41 0014 38 25-118-23 44 0024 BPS PROPERTIES LLC MOONEY LAKE PRESERVE HOWNRS CIO WAYCROSSE INC CIO GEORGE STICKNEY CIO GEORGE STICKNEY 201 E LAKE ST 201 E LAKE ST 201 E LAKE ST WAYZATA MN 55391 WAYZATA MN 55391 38 25-118-23 410015 40 30-118-22 32 0005 BPS PROPERTIES LLC MARTHA B STIMPSON CIO GEORGE STICKNEY 19040 COUNTY RD 6 201 E LAKE ST PLYMOUTH MN 55447 WAYZATA MN 55391 38 25-118-23 410016 40 30-118-22 32 0006 BPS PROPERTIES LLC JOHN C MACMILLAN C/O GEORGE STICKNEY ATTN BOB THEILER 201 E LAKE ST BOX 5628 WAYZATA MN 55391 MPLS MN 55440 38 25-118-23 410017 40 30-118-22 33 0007 TIMOTHY ADELMANN C M JR FAMILY 1983 TRUST 4545 TRILLIUM DR N CIO WAYCROSS INC MEDINA MN 55340 P O BOX 5628 MPLS MN 55440 38 25-118-23 41 0018 40 30-118-22 33 0017 MOONEY LAKE PRESERVE HOWNRS C M JR 1983 TRUST CIO GEORGE STICKNEY CIO WAYCROSSE INC 201 E LAKE ST PO BOX 5628 WAYZATA MN 55391 MINNEAPOLIS MN 55440 38 18-23 411 0019 80 25-118-23 13 0003 3877 MOONIEY LAKE PRESERVE HOWNRS CHARLES & JUDITH CROSBY CIO GEORGE STICKNEY 1252 HUNTER DR 201 E LAKE ST WAYZATA MN 55391 WAYZATA MN 55391 RECEIVED 38 25-118-23 42 0009 80 25-118-23 13 0004 MOONEY LAKE PRESERVE HOWNRS PETER M RECHELBACHER OCT O �� 1 C/O GEORGE STICKNEY 1242 HUNTER DR 201 E LAKE ST WAYZATA MN 55391 WAYZATA MN 55391 CITY OF ORONO TIhaA9b5 r ms6P3 dn-dcd asodxe jaded poed g09LS ajEldwe.L ®fumy Bull Suole puae 1E slaqe'1 I j laad 0 241 Feet BOLTON & MENK Real People. Real Solutions. 0lsdaimer. This drawing is neither a legally retarded map nor a aurvey and isnot intended Lo be used as one. This drawing Is a compilation of records, Infarrmtlon, and data located in various shy, county, and stab, *fr—, and ether sources affecting the area shown, and is to 6e used for referents purposes only. The qty ofOroem is not responsible for em, lnaccurades herein Zritalned. 0 Bolton & Menk, Inc- Web GIS 11/10/2016 1011 AM PC Exhit;ia t H Date Application Received: 10/19/16 Date Application Considered as Complete: 11/04/16 60 -Day Review Period Expires: 01/03/17 REQUEST FOR COUNCIL ACTION Date: 6 December 2016 Item No. 19 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis YY1GG Y"_4 Planning Title: Planner Item Description: #16-3882, Jon Ressler, 3683 North Shore Dr., Variance — Resolution Application Summary: The applicant is proposing to add an elevator dormer to the home under construction. Variances were granted in 2015 (Case #15-3767) for the new home. The location of the elevator dormer is on the northeast side of the home, approximately 70 feet from the lake where a 75 foot setback is required. The dormer will result in a bump -out upwards from the roof on the north east side, approximately 4 YZ feet wide with a 6 Y2 foot wide roof. A lake setback variance is required. Planning Commission Recommendation On November 21, the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the variance. Planning Staff Recommendation Staff recommends approval. A draft 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 Exhibit B. Proposed Survey Exhibit C. Proposed Plans & Elevations Exhibit D. PC Staff Report & Exhibits Exhibit E. Draft PC Minutes Council Ex A CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES FROM ORONO MUNICIPAL CODE SECTION 78-1279 FILE NO. 16-3882 WHEREAS, Jon Ressler and Christine Ressler, a married couple, (hereinafter the "Applicants") are the owners of the property located at 3683 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit A (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1279 to permit construction of a 4.5' x 6.5' elevator dormer addition over a portion of the existing home with garage addition as close as 70 feet from the ordinary high water level (OHWL) of the lake where a 75 foot setback is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on November 21, 2016, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 1. This application was reviewed as Zoning File #16-3882. 2. The Property is located in the LR -1C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application on November 21, 2016, the Planning Commission voted 6 in favor and 0 opposed on a motion to approve the requested lake setback variance allowing for the construction of the proposed elevator dormer to the home, based on the following findings: a). The Property contains 7,776 square feet in area and has 53 feet in width at the OHWL and 58 feet in width at the 75 foot setback. b). The Property is unique in that there is a limited buildable area between CSAH 51, the frontage road, the 75' lake setback and side setbacks. The existing home is situated generally in line with the other 4 homes on this narrow piece of land between CSAH 51 and the Lake. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. c). The variance to allow construction of the elevator dormer on the Property which is substandard with respect to area and width will alleviate a practical difficulty inherent to the Property and was not created by the Applicants. d). The proposed setback does not exceed beyond the existing footprint and is not out of character with this neighborhood. e). The proposed elevator dormer is minimal and is not proposed to extend more lakeward, or further into the side setback areas than the existing home. f). The variance to construct an attached garage and 2 '/2 story additions to the residence is in harmony with the general intent and purpose of the Ordinance. g). The variance to permit improvements to the existing residence in a residential district is consistent with the comprehensive plan. h). The Applicants have provided a survey reflecting the limited building envelope on the Property which is substandard lot area and lot width establishing that there are practical difficulties. i). The Applicants propose to use the Property in a reasonable manner not permitted by the official controls; j). The circumstances unique to the Property were not created by the Applicants. k). Approximately half of the existing home footprint exists in a nonconforming location; the proposed project will be consistent with the neighborhood, and will not adversely impact adjacent lakeshore properties. 1). 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. m). The granting of the requested variance will not merely serve as a convenience to the Applicants, but is necessary to alleviate demonstrable difficulty. 4. The City Council considered this application at a meeting held on December 12, 2016 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owners, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based on the above findings, City Council of Orono, Minnesota hereby grants a variance from Orono City Code Section 78-1279 to permit construction of a 4.5' x 6.5' elevator dormer 70 feet from the OHWL where a 75 -foot setback is required, subject to the following conditions: Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits B & C. Any amendments to these plans may require further Planning Commission and City Council review. 2. 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 variances will expire on that date (December 12, 2017). 3. 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. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of their 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 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. This instrument was acknowledged before me this day of by Jon Ressler, husband of Christine Ressler. STATE OF MINNES COUNTY OF HENN Notary Public This instrument was acknowledged before me this day of by Christine Ressler, wife of Jon Ressler. Notary Public Resolution Exhibit A LEGAL DESCRIPTION OF PREMISES Lot 5, CRYSTAL BEACH; ALSO, All that part of abandoned County State Aid Highway No. 51 (shown as County Road in the plat "Crystal Beach"), which lies between the northwesterly extensions of the northeasterly and southwesterly lines of Lot 5, "Crystal Beach" except that part of said Highway lying northwesterly of a line drawn parallel with and distant 50 feet southeasterly of the present centerline of C.S.A.H. No. 51, described as follows: Commencing at the intersection of the centerline of said County State Aid Highway No. 51 and the South line of Section 8, Township 117, Range 23 (said point also being the intersection with the centerline of C.S.A.H. No. 19); thence run Northeasterly at an angle of 107 degrees 54 minutes with the north -south centerline of said C.S.A.H. No. 19 for a distance of 111.4 feet; thence deflect left along a tangential curve having a radius 572.96 feet (delta angle 31 degrees 39 minutes) for a distance of 316.5 feet; thence tangent to said curve for a a distance of 344.7 feet and there terminating. x W U IL Resolution Exhibit B 990S NW�3w'Y70 3Mma AALOIIIM 'N 591 rceosi SONNa'1d ONY CIO A A gONY'I 'SM33kIgN31W0 4�£{'- .weww •µu n x.,.uw m...... ON8 `S31.VI30SSV T Dd39NQbJ F w �•a.: � �In LL If 2 > o Hia� # H a� ~� I -0z Q W < ° ❑ 2 � ¢ 20 ° z R, a 0 0< =a. ,t D� ` Q ~; CD LO ' w 4Py < ' 5 a °3s' x 'a r I 0 ry1 I gds � c a mom mom NONE V z O >_ LU w LU a ResI Exh bit C e�srzsz(oW:==a e�s�-Bscozu�:+��4n sraitana�a n � w�'os o`W6gos v�v�%s .ozas xwa ©,s zz .= ssoz s v 9 �� z =` a `a =°`Le 1��tt%simoodsu&saQawoH g HE19 W�31N�IS �340W3b b3�SS3J df10b�JNi71S34VW?J31b'RI f e ; : w Q 0 4 E s.-._ U=tt axl smF'i�9 ffssaQw fig.=sa ��ss oeeeEgs35 c a mom mom NONE V z O >_ LU w LU a ResI Exh bit C mW:==a e�s�-ascozu�:o�o4n sNv�d aoo�a aZ s m`¢ 6 o g� a I I 131�IIP%simoedS'U&sea eWOH j�j jj O �2°age€ypse32a_�s 11❑URUMI�OI.7�(J�S'�'1(/^��1 ______________ �340W3b b3�SS3J df10b-J i @ e l I I r I I ��aM NiJIS34 VW?J31b'RI j I f I Q I � � Sn�`da I I �gLL X I p I �q� I I I C Q I _yy I I I I I J m,99 I I ______________ I U I I r I I .a .al .m1.61 j I f I Q I L --J I I �gLL X I p I �q� I I I I _yy I I I I I J z7 `wl I I !1 I Il— = a i�=e. Iml II I a. �ry Q i � z O • X I� 101 10 rI LaN I e -.4E •m -,b .4-.ELLLI a1-1 R j I Q I I I OQ I 5 I s � � I I Q — W J O Q I I � I I I I I ______________ I U I I r I I .a .al .m1.61 j I f I Q I L --J I I �gLL X I p I �q� I I I I _yy I I I I I J Nig sF -EtV WO SPROPOdS UBIM OWOH in rl=rl JL ONo NV[Gacl >NV'�,N21V'M aHOO - -------- --- - - - - - - - - - F- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Z Lu :L f 7Baa 11�7 t-x�Mf-lf-= 9 LL cl 009„ fA 0 74t 1 A JLU 4m M � N�gfic-_¢8:`yva'S�pS e0EB5a F(Pno�IJj�s 3s'szz+ss(VtZt ssaad 9N011�36 0 all I'� I I I� UO�frg 111—upal�N0l,=Q �340W3?J ?31SS3?J m +� p �L drOJ�7 N-JIS34>N'dW J3ivm gig 8 z LL f d � - z a 0 � Z N Council Exhibit B - / i4 U a M (n n w ,n cin a � - � z ir') br ' � M cl eq -- BOUNDARY AND TOPOGRAPHIC SURVEY FOR s rn in J X Pi` © JONATHAN RESSLER ��� LL X41 � _00 / OF LOT 5 CRYSTAL BEACH AND ; PART OF ABANDONED Co. Rd. No 19 s 0 HENNEPIN COUNTY, MINNESOTA W�a L 00 � t / Zz z �] r [}d2 Q Ln d932.51ire 261 CU �1 'p, qO,r t / `ttt! SQpp W s / ,py $ I t r��p/Yp 2 s(C}4Rfi�YC ? g32.�d ' a'Qr j ,J�'F� tiff J Approximate location —1 and size of the proposed elevator shafVtower. I9027f " .. i4 }, 57 THRE3HHOLD 4ato /" J (A) PROPOSEDSRTFENCE' =7) ' / J ad ti :f / (731. 7 pp J! J/ �C, 3 (932.41 -- -ty_ / ! t/ suu Qqs �I�a LEGAL DESCRIPTION OF PREMISES Lot 5, CRYSTAL BEACH; ALSO, ° e / r a 1 f G All that part of abandoned County State Aid Highway No. 51 (shown ' / � \ .: �•y(w]�\� as County Road in the ,plat "Crystal Beach"). which lies between the 4t 4' northwesterly extensions of the northeasterly and southwesterly Imes' E ° f 78x 4 of Lot 5, "Crystal Beach" except that part of said Highway lying r $_ m LLi Ile _! northwesterly of a line drawn parallel with and distant 50 feel $ e 1tC) °� - - — - ! southeasterly of the present centerline of C 5 A -H Na 51. described as follows: Commencing at the intersection of the centedine of said County State Aid Highway No 51 and the South fine of Section 8 Township 117 Range 23 (said point afro being the intersection with the centerline of C.S.A.H. No. 18); thence run z Y YP t V Northeasterly at an angle of 107 degrees 54 minutes with the north -south c� q" J / / / (� centerline of said C.S.A.H. No. 19 for a distance of 111,4 feet; ��" thence defied left along a tangential curve having a radius 572.96 Feet (delta angle 31 degrees 39 minutes) for a distance of 316-5 feet thence tangent to said curve for a a distance of 344.7 feet and there terminating. in denotes iron marker (932.5]- denotes existing spot elevation, mean sea level datum _ denotes existing contour line Bearings shown are based on an assumed datum. 10 2d5 4Q // / �t t -- This survey shows the boundaries and topography of the existing property jt -- / and the Location of an existing house, garage, concrete pad and other } /. "harcicover thereon. It does not purport to show any other improvements m or encroachments. w' y SCALE IN FEET j------------._-----------.---r..—.__.hr' /� � � Mry• pV 1 F_fhR1A Council Exhibit C 4:11 LLtl Jill 11 -Ell T11 ��l EIR ��� 3 LEFT ELEVATION 8,4CK ELEVATION SCALE: I/S' = 1'-0' SCALE: I/8' = I'-0' OdS 12 �4 4:11 adz 12 I -PH Ld LE�—� -A �e 0 8:12 TT FRONT ELEVATION RICHT ELEVATION 1 SCALE: I/8' = 1'-0' r DISCLAIMER OF WARRANTIES The plans furnished herewith were prepared upon request by droftsmen who are not registered architects or profession.! engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes NO WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED as to merchantability or fb-- for a partiwlar purpose and places any users) o notice that reliance upon sold plans shall be It the. sole risk of the a er(5). The selection of co rect structural materials and the appllc 6- of erchite p— principals is a precise orf, the b lld, si'boity /or which rests with Ne builder, the owner, or the user of these] plans. #� jib j ji „ m V�kXIjEN ibi •� N 10 Lw N �N La ® � a 0. O Z ,t� O v � N Q LLI Q 95515004 wF nrleea 9551500420 wn �/21/I5 cwr a+cv BR anxa x/29/15 BR t�neea 9!23/15 BR taviem. 9/25/15 BR �enxrn i0/b/15 t�nxrn 10/26/15 +ER ELEvATIONS A-1 @ S FOUNDATION PLAN SCALE:1/8' =I'-0' � 22'-0' 2--&- '-6'T'-11/2' I'- 1 1/2'5'-3' 110'-Ilw 9'-10' 9 244 DH 3050-3 FPO. a LuQ O e�> EXISTING a� in n y. 0 x CRAWL SPACE W Lu I m w 0 II' -II' 14'-3' 4'-I° — — I NEW POINT LOADS — — -1 F — — I �N 9 51500420 NLGD 60611 I GH 3050-2 K RO. 6' -0'X6' -II' R,C. 6-�":��'-C' wn x/21/15 cwr a+cv BR a I I I I LL 0 LVL GREAT RM. BR - L__JI L __ L J IFICE1 OR DJ VERIFY BR =LOOK PLANS A-2 AGGESS PASSIVE RADON SYSTEM CONTRACTOR TO PROVIDE P4551VE RADON SYSTEM TO COMPLY WITH RESIDENTIAL ENERGY CODE REQUIREMENTS I I 2'-5' /� 21-11" INING e I I r i I - I QX K ro j /'/ REVISED CORNER /1 MATCH EXISTING CONDITIONS 28 15 � I � 6 ' I KITCHEN LG 700 I I I 2� BA7H a ro. s I e x IV,f4 / X CONCRETE GARAGE FOUNDATION IS' -4' 6'-3' / 6' 3'-4 r 1 4'-8 O ^,' 0 VERIFY POURED OF CMU, ON 116'x10' CONC. FOOTINGS ✓ A6CE 0 TO FROSTXb POST ON — 44m 50NOTUBE FOOTINGS _J1 11_ _ _ _ TO FROST Q O BEAM REF. PANTRY I BEAM I BEAM r I _ _ _ AD UNEXCAVATED II' -II' BEARING z I I I I I I I I I I I VE IFY o - I I I I I I I I I I I I I I e Essj I I I I - I L— ---J 7v" —Jpf$ 26 9'-3' I' -II' -------------------------�j -5 5/16'-4 Il/ MECH 4 4"0 FOY m 2'-6' 4 28 FOUNDATION PLAN SCALE:1/8' =I'-0' � 22'-0' 2--&- '-6'T'-11/2' I'- 1 1/2'5'-3' 110'-Ilw 9'-10' 244 DH 3050-3 FPO. a LuQ O e�> o a� in n y. 0 x @ W Lu I w @ S m -<4 4oe Nreae 95515004 �N 9 51500420 NLGD 60611 I GH 3050-2 K RO. 6' -0'X6' -II' R,C. 6-�":��'-C' wn x/21/15 cwr a+cv BR a BR LL 0 LVL GREAT RM. BR - BR 0 IFICE1 OR DJ 10/26/15 BR =LOOK PLANS A-2 2'-5' /� 21-11" INING e - QX K ro j 28 15 � I � 6 ' KITCHEN LG 700 I I I 2� BA7H a ro. s 25 M e x IV,f4 / X 0 IS' -4' 6'-3' / 6' 3'-4 r 1 4'-8 O ^,' 0 ✓ A6CE W \�P9NE� 44m _J1 11_ _ _ _ Q O BEAM REF. PANTRY _ BEAM BEAM r —1 SOLID _ _ _ AD II' -II' BEARING z `9 VE IFY o - A Essj le 7v" —Jpf$ 26 9'-3' I' -II' l -5 5/16'-4 Il/ MECH 4 4"0 FOY m 4 28 BUILT-INS L FUNRE �Cljl C73 ELEVATOR R{Y Y=O 5/S' RO. 2'-0 5/6' @ 3'-10' 3'-6' 6'-10' 0 --5. 3 01/2"- 9m /I 2x10'. (2) 2x10'. SOLID CORE 2'-4' 3'-0° 3'-6" 2'-0' 4'-4° MINUTE FIRE DOOR i NEW 1" ENTRY 0 NEW GARAGE ml -------------------- 16' 16'X Sm OH. DOOR FIRST FLOOR FLAN �`J SCALE: I/S' = I'-0' 9'-5' 1 2'-6' e e @ S r DISCLAIMER OF WARRANTIES The plans furnished herewith were prepped ,pon request by o y dr,ftsmen who are not rear gist ... d hlt.cR, r professionol engineers and are for INFORMATION PURPOSES ONLY. The Design Team makes NO WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED as to--hontnbility fitness TO a partiwlar purpose and pleces any user(.) on notice that e Nonce p— s Id plans shall be It the. sole risk oT the user(5). The selection of co z structurol materials and the apples a 1.1 0 b'b.echral principals is a precise art, theresponsbillty for which rests with the builder, the owner, or the user of these]t plans. iyIbI�IkIIjyllIIIllIIIIIIIIIII NyII��IkI y, m pEp�Ep�I E CTv w 10 � dN aN II Lw ® c ® � a N LuQ O W o a� W Lu Q 4oe Nreae 95515004 �N 9 51500420 wn x/21/15 cwr a+cv BR 16M11!!F 1/29/15 BR t�neea 9/23/15 BR tavlem. 9/25/15 BR 11lN!!D� 10/6/15 OR DJ 10/26/15 BR =LOOK PLANS A-2 SCREEN I e PORCH ro b' -II I/2" T' -I I/2' NLGD 60611 NLGD 33611 Rp. 6' -0'x6' -II' RA, 3'-2 xb'-II' 0 FAMILY ROOM I81-01XIT-0' N r � � Y meati KID,S'° Ca C1'x " BATCH, 8 y 2 — s m q ro 2 22'-0' A4 A21 244DH 3050-2 RO. 2'-0 5/8' R.O. 6'-0'x5'-0' x2'-0 5/6' (2) 9 12' LVL (2) 2x10'. DMA T Su T. t Il' 6'X9 10' "se a a�er m1 w 28Tr � a I u ama qn " Qy M. ATH o o °�xN a 9'-10' 4' 3 A5 AD 6'-8 4'-2' 5'-4' L 9'-9 5/16' 4' 4 11/ U B X `9 •Yv 0 �Xn � �✓ 2N 0 2 N— I I C FUTURE E�EVATdR LINEN 0 \X/ MEGH. X3'-01/2' 5T0 jE GI3 R.O. 2'-0 5/8' X3'-0 I/2' g 0 - (2) 240'. m ry Q II' -4° 4'-4' 4'-2' 9� J Qin @n �x- BD�3 dX� b 9 m 24 n _a�n0 a aMe� 1b m IXC m I � u 24 2 -2' BDRM. 2 X a Iu.I.G. I s 24 244 DH 3050 244 DH 3050 244 DH 3050 RO- 3'-0'x5'-0° R.O. 3'-0'x5'-0' R.O. 3'-0'x5'-0' (2) 2X10'. (2) 2X10'. (2) 2XI0'. 5'-3' 5'-3' 4'-8' SEGONE) FLOOR FLAN SCALE: FUTURE EliEVATOiR \X/ II' -1 1/4' k 19'•1' 244 DH 3050-2 RO. 6'-0'x5'-0' (2) 9 12' LVL I _ I � I I I I I I I I I L 8 � ANUS ROOM i o p¢ Q�X„ _ B S I I I I I I I I I I I I I � I � 244 D 3050 R.O. 3'- 'x5'-0' 23 X10'. 4�_6- 5'-113/4. 5"_15'-113/4' S'_I' FIRST FLOOR 1304 SQ. FT. SECOND FLOOR 162(o SQ. FT. TOTAL 2930 SQ. FT. BONUS ROOM 101 SQ. FT. (�� 80NUS ROOM PL>4N SCALE: CONTRACTOR. TO FIELD VERIFY ALL EXISTING DIMENSIONS d CONDITIONS PRIOR TO GON5TRUGTION --------------------------------- -------------------------------- TO 5E REMOvED NEW WALLS DISCLAIMER OF WARRANTIES The plans furnished herewith were p,lp - upon request by draftsmen who are not registeretl arch heels or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED os to merchantobil ltd " or fitness for . particular purpose and ro ces any users) -p i n.lh that op— said plans shale be of the s le risk or the The selection of co rect structural materials and the appslication of architectural principals precise ort, the responsibility for which rests with the builtler, the owner, or the user of these plans. jj z N CL co 1 1 "vNi 10 • N N N E Na x 7 V N Z UlLuQ 0 ()J 0 4N LL W ul Q 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 3'-2 xb'-II' 0 FAMILY ROOM I81-01XIT-0' N r � � Y meati KID,S'° Ca C1'x " BATCH, 8 y 2 — s m q ro 2 22'-0' A4 A21 244DH 3050-2 RO. 2'-0 5/8' R.O. 6'-0'x5'-0' x2'-0 5/6' (2) 9 12' LVL (2) 2x10'. DMA T Su T. t Il' 6'X9 10' "se a a�er m1 w 28Tr � a I u ama qn " Qy M. ATH o o °�xN a 9'-10' 4' 3 A5 AD 6'-8 4'-2' 5'-4' L 9'-9 5/16' 4' 4 11/ U B X `9 •Yv 0 �Xn � �✓ 2N 0 2 N— I I C FUTURE E�EVATdR LINEN 0 \X/ MEGH. X3'-01/2' 5T0 jE GI3 R.O. 2'-0 5/8' X3'-0 I/2' g 0 - (2) 240'. m ry Q II' -4° 4'-4' 4'-2' 9� J Qin @n �x- BD�3 dX� b 9 m 24 n _a�n0 a aMe� 1b m IXC m I � u 24 2 -2' BDRM. 2 X a Iu.I.G. I s 24 244 DH 3050 244 DH 3050 244 DH 3050 RO- 3'-0'x5'-0° R.O. 3'-0'x5'-0' R.O. 3'-0'x5'-0' (2) 2X10'. (2) 2X10'. (2) 2XI0'. 5'-3' 5'-3' 4'-8' SEGONE) FLOOR FLAN SCALE: FUTURE EliEVATOiR \X/ II' -1 1/4' k 19'•1' 244 DH 3050-2 RO. 6'-0'x5'-0' (2) 9 12' LVL I _ I � I I I I I I I I I L 8 � ANUS ROOM i o p¢ Q�X„ _ B S I I I I I I I I I I I I I � I � 244 D 3050 R.O. 3'- 'x5'-0' 23 X10'. 4�_6- 5'-113/4. 5"_15'-113/4' S'_I' FIRST FLOOR 1304 SQ. FT. SECOND FLOOR 162(o SQ. FT. TOTAL 2930 SQ. FT. BONUS ROOM 101 SQ. FT. (�� 80NUS ROOM PL>4N SCALE: CONTRACTOR. TO FIELD VERIFY ALL EXISTING DIMENSIONS d CONDITIONS PRIOR TO GON5TRUGTION --------------------------------- -------------------------------- TO 5E REMOvED NEW WALLS DISCLAIMER OF WARRANTIES The plans furnished herewith were p,lp - upon request by draftsmen who are not registeretl arch heels or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED os to merchantobil ltd " or fitness for . particular purpose and ro ces any users) -p i n.lh that op— said plans shale be of the s le risk or the The selection of co rect structural materials and the appslication of architectural principals precise ort, the responsibility for which rests with the builtler, the owner, or the user of these plans. jj z N CL co 1 1 "vNi 10 • N N N E Na x 7 V N Z UlLuQ 0 ()J 0 4N LL W ul Q 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 6'-8 4'-2' 5'-4' L 9'-9 5/16' 4' 4 11/ U B X `9 •Yv 0 �Xn � �✓ 2N 0 2 N— I I C FUTURE E�EVATdR LINEN 0 \X/ MEGH. X3'-01/2' 5T0 jE GI3 R.O. 2'-0 5/8' X3'-0 I/2' g 0 - (2) 240'. m ry Q II' -4° 4'-4' 4'-2' 9� J Qin @n �x- BD�3 dX� b 9 m 24 n _a�n0 a aMe� 1b m IXC m I � u 24 2 -2' BDRM. 2 X a Iu.I.G. I s 24 244 DH 3050 244 DH 3050 244 DH 3050 RO- 3'-0'x5'-0° R.O. 3'-0'x5'-0' R.O. 3'-0'x5'-0' (2) 2X10'. (2) 2X10'. (2) 2XI0'. 5'-3' 5'-3' 4'-8' SEGONE) FLOOR FLAN SCALE: FUTURE EliEVATOiR \X/ II' -1 1/4' k 19'•1' 244 DH 3050-2 RO. 6'-0'x5'-0' (2) 9 12' LVL I _ I � I I I I I I I I I L 8 � ANUS ROOM i o p¢ Q�X„ _ B S I I I I I I I I I I I I I � I � 244 D 3050 R.O. 3'- 'x5'-0' 23 X10'. 4�_6- 5'-113/4. 5"_15'-113/4' S'_I' FIRST FLOOR 1304 SQ. FT. SECOND FLOOR 162(o SQ. FT. TOTAL 2930 SQ. FT. BONUS ROOM 101 SQ. FT. (�� 80NUS ROOM PL>4N SCALE: CONTRACTOR. TO FIELD VERIFY ALL EXISTING DIMENSIONS d CONDITIONS PRIOR TO GON5TRUGTION --------------------------------- -------------------------------- TO 5E REMOvED NEW WALLS DISCLAIMER OF WARRANTIES The plans furnished herewith were p,lp - upon request by draftsmen who are not registeretl arch heels or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED os to merchantobil ltd " or fitness for . particular purpose and ro ces any users) -p i n.lh that op— said plans shale be of the s le risk or the The selection of co rect structural materials and the appslication of architectural principals precise ort, the responsibility for which rests with the builtler, the owner, or the user of these plans. jj z N CL co 1 1 "vNi 10 • N N N E Na x 7 V N Z UlLuQ 0 ()J 0 4N LL W ul Q 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 FUTURE EliEVATOiR \X/ II' -1 1/4' k 19'•1' 244 DH 3050-2 RO. 6'-0'x5'-0' (2) 9 12' LVL I _ I � I I I I I I I I I L 8 � ANUS ROOM i o p¢ Q�X„ _ B S I I I I I I I I I I I I I � I � 244 D 3050 R.O. 3'- 'x5'-0' 23 X10'. 4�_6- 5'-113/4. 5"_15'-113/4' S'_I' FIRST FLOOR 1304 SQ. FT. SECOND FLOOR 162(o SQ. FT. TOTAL 2930 SQ. FT. BONUS ROOM 101 SQ. FT. (�� 80NUS ROOM PL>4N SCALE: CONTRACTOR. TO FIELD VERIFY ALL EXISTING DIMENSIONS d CONDITIONS PRIOR TO GON5TRUGTION --------------------------------- -------------------------------- TO 5E REMOvED NEW WALLS DISCLAIMER OF WARRANTIES The plans furnished herewith were p,lp - upon request by draftsmen who are not registeretl arch heels or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED os to merchantobil ltd " or fitness for . particular purpose and ro ces any users) -p i n.lh that op— said plans shale be of the s le risk or the The selection of co rect structural materials and the appslication of architectural principals precise ort, the responsibility for which rests with the builtler, the owner, or the user of these plans. jj z N CL co 1 1 "vNi 10 • N N N E Na x 7 V N Z UlLuQ 0 ()J 0 4N LL W ul Q 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 GENERAL NOTES: TRU55 MANUFACTURER TO VERIFY HEADER/BEAM SIZES AND POINT LOADS WHERE GIRDERS EXERT CONCENTRATED LOADS. LAYOUT TO BE VERIFIED PRIOR TO CONSTRUCTION TALL WALL SITUATIONS REQUIRE ENGINEERING. DESIGN PROVIDED BY OTHERS ANDERSEN WINDOWS ARE CALLED OUT 8' CEILING HEIGHT UNLESS NOTED 6' -II' HEADER HEIGHT UNLESS NOTED 42' MIN. DEPTH REO'D FOR ALL FR05T FOOTINGS FON. REINFORCING (1) "4 REBAR SPACING PER CODE/ SOIL CONDITIONS e WITHIN 12' FROM CORNER FOOTING REINFORCEMENT AS REQUIRED SOLID BEARING REQ'D - ALL BEAMS 1 HEADERS ANCHOR BOLTS - 6' O.C. ALL TRUSSES ARE TO BE ENGINEERED a INSTALLED ACCORDING TO TRUSS MANUFACTURER ALL BONUS ROOMS TO BE VERIFIED BY TRU55 MANUFACTURER PRIOR TO CONSTRUCTION 30' MIN. REQ'D WIDTH - TOILETS SAFETY GLAZING REQ'D FOR ALL GLASS WITHIN 18" OF FLOOR AND GREATER THAN S SQ. FT. IN AREA SAFETY GLAZING REQ'D FOR ALL GLASS WITHIN 24" ARC OF DOORS VAPOR RETARDER REQ'D UNDER ALL CONC. SLABS IN HABITABLE AREA ROOF VENTS 1/300TH SQ. FT. VENT PER I SQ. FT. ROOF AREA: 50% IN SOFFIT AND 50% NEAR RIDGE CARBON MONOXIDE DETECTOR REO'D WITHIN 10' OF ALL SLEEPING ROOMS SILL SEALERTO BE INSTALLED UNDER ALL SILL PLATES SEALED, CONTINUOUS AIR AND VAPOR BARRIER TO BE INSTALLED ON WAR" 151DE OF EXTERIOR WALLS, WITH ALL JOINTS, OPENINGS, AND PENETRATIONS SEALED IN A PERMANENT MANNER UNSUPPORTED SHEATHING JOINTS TO BE SEALED ON EXTERIOR OF JOINT AIR BARRIER ON EXTERIOR OF HOME TO. BE WITH J -BLOCKS OR SOLID WOOD BLOCK FOR PENETRATIONS ATTIC ACCESS TO BE SEALED WITH SPRAY TEXTURE OR CAULK S2%+ SEALED COMBUSTION FURNACE AIR EXCHANGER OR IN LINE FAN DIRECT VENT GAS WATER HEATER OF APPLIES) MAX, 300 CFM ON ANY ONE APPLIANCE 706 ! CQ"16 APPLY 04 1 lEA80YE WINDOW FALL PROTECTION REQUIRED WHERE LOWEST PART OF OPENING IS MORE THAN l2' ABOVE FINISHED GRADE OR SURFACE BELOW /THE LOWEST PARI OF THE OPENING 15 WITHIN 36' OF THE FINISHED FLOOR. EXAMPLE: WINDOW OPENING CONTROL DEVICE CONCRETE FOOTING ARE REQ'D TO BE 5,000 psi FOUNDATION WALL REQ'D TO BE WATERPROOFED FIRE PROTECTION FOR FLOORS AT BASEMENT MUST BE 1/2' GYPSUM WALL MEMBRANE OR 5/S' WOOD STRUCTURAL PANEL MEMBRANE. AN AREA NOT TO EXCEED 50 50. FT. CAN BE LEFT UNPROTECTED PROVIDED THERE IS FIREBLOCKING IN STALLED ALONG THE PERIMETER OF THE UNPROTECTED AREA, VAPOR RETARDER REQ'D ON THE INTERIOR 51DE OF THE FRAMED WALL. CLASS I, II, OR III MAY BE USED. 15% OF ALL LIGHT FIXTURES TO HAVE HIGH EFFICIENCY BULBS. ALL STAIRS SHALL HAVE CONTINUOUS HANDRAIL ON AT LEAST ONE 51 DE HANDRAILS MUST BE 36'-38' MIN. IN HEIGHT GUARDRAILS MUST BE 36' MIN. IN HEIGHT n MUST HAVE INTERMEDIATE RAILS OR AN ORNAMENTAL PATTERN THAT A 4'5PHERE CANNOT PASSTHROUGH SCREEN PORCH FAMILY ROOM 5/4 DECKING ON2X2 SLEEPERS RUBBER MEMBRANE ON 3/4' TRT'D PLYWOOD ON FLOOR TRUSSES, SLOPE TOP e S CREAT RM. I ro 4 MASTER SUITE v_ IS' FLOOR TRUSSES TYPICAL ROOF CONSTRUCTION: T.O. PLATE R-49 ATTIC IN6ULATIC9DR HEIGHT COMPOSITION SHINGLES ON 4 MIL. POLY ROOF VENTS 1/300TH 5Q. FT. VENT 15" ROOF FELT ON BR PER I SQ. FT ROOF AREA: 50% IN 15/32' ROOF 5HEATHINGON levlem. 10/6/15 SOFFIT AND 5O% NEAR RIDGE PRE MANUFACTURED ROOF TRUSSES BR u� ICE " WATER SHIELD 24' PAST EXTERIOR WALLS g PROPER VENTS 7.0, SUB FLOOR TYPICAL FASCIA DETAIL: 2x6 SUB FASCIA MAINTENANCE -FREE FASCIA COVER MAINTENANCE -FREE VENTED SOFFIT TYVEK HOUSE WRAP OR EQUAL ENTIRE EXTERIOR 1/16' WALL SHEATHING ON 2X6 PRECUT STUDS - 16' O,C. R-21 BATT INSULATION 4 MIL. POLY 1/2' DRYWALL TYPICAL FLOOR CONSTRUCTION: 3/4' TAG SUB FLOOR SHEATHING (GLUED 6 NAILED) ON 18' FLOOR TRUSSES (SEE PLANS FOR SPACING a DIRECTION) SPRAY FOAM INSULATION - RIM JOIST EXISTING CRAWL SPACE T T . WALL SECTION SCALE: 1/8' = 1'-0" X Q m� OFFICE rc s EXISTING FLOOR FR. SLOPED CEILING Q ro Al FOY 0�El Fm SEE PLANS FOR STAIRS ORIENTATION a v 9 D -SCREEN FORCI4 DETAIL 2 BUILDING SECTION SCALE: I/8" = 1'-0" SCALE: I/8' = 1'-0" � ROOD PL,4N SCALE: 1/16' = 1 NEW BONUS ROOM ATTIC TRUSSES NEW SECOND FLOOR 18' FLOOR TRUSSES REVISED FIRST FLOOR EXISTING FLOOR EXISTING CRAWL SPACE BUILDING SECTION �� SCALE: 1/8' = I'-0' 7 DISCLAIMER OF WARRANTIES The plans furnished heiewill, were prepared upon request by draftsmen who are not 1. mt d arch heels or professional engineers and are for INFORMATION PURPOSES ONLY. The Design T- makesWARRANTIES WHATSOEVER EIT1T HER EXPRESSED OR IMPLIED os to merchantability or fitness fora particular purpose and places any users) qn notice that uP said plans shall be of the sole risk of the a -- - The selection of ' Pact structural materials and the rappli"'i" of architectural principals is o precise ort, It, responsibility for which rests with the builder, the owner, or the user of these planryrysEEIE�� co 10 CID il=� •� N w� � mN NN pJ C a N E Na .toe M1Td6 95515004 T.O. PLATE R-49 ATTIC IN6ULATIC9DR HEIGHT dwr O+c9 BR 4 MIL. POLY BR 9/23/15 BR 5/8' DRYWALL BR levlem. 10/6/15 BR DJ levee®. 10/26/15 BR u� g � 7.0, SUB FLOOR v T.O. PLATE m 9 HDR HEIGHT ro s m T.O. SUB FLOC EXISTING FLOOR T T . WALL SECTION SCALE: 1/8' = 1'-0" X Q m� OFFICE rc s EXISTING FLOOR FR. SLOPED CEILING Q ro Al FOY 0�El Fm SEE PLANS FOR STAIRS ORIENTATION a v 9 D -SCREEN FORCI4 DETAIL 2 BUILDING SECTION SCALE: I/8" = 1'-0" SCALE: I/8' = 1'-0" � ROOD PL,4N SCALE: 1/16' = 1 NEW BONUS ROOM ATTIC TRUSSES NEW SECOND FLOOR 18' FLOOR TRUSSES REVISED FIRST FLOOR EXISTING FLOOR EXISTING CRAWL SPACE BUILDING SECTION �� SCALE: 1/8' = I'-0' 7 DISCLAIMER OF WARRANTIES The plans furnished heiewill, were prepared upon request by draftsmen who are not 1. mt d arch heels or professional engineers and are for INFORMATION PURPOSES ONLY. The Design T- makesWARRANTIES WHATSOEVER EIT1T HER EXPRESSED OR IMPLIED os to merchantability or fitness fora particular purpose and places any users) qn notice that uP said plans shall be of the sole risk of the a -- - The selection of ' Pact structural materials and the rappli"'i" of architectural principals is o precise ort, It, responsibility for which rests with the builder, the owner, or the user of these planryrysEEIE�� co 10 CID il=� •� N w� � mN NN pJ C a N E Na .toe M1Td6 95515004 � 9581500420 DATL �/11/t5 dwr O+c9 BR x/29/15 BR 9/23/15 BR 9/25/15 BR levlem. 10/6/15 BR DJ levee®. 10/26/15 BR A-4 Date Application Received: 10/19/16 Date Application Considered as Complete: 11/04/16 60 -Day Review Period Expires: 01/03/17 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner VY100 Date: 16 November 2016 Subject: #16-3882, Jon Ressler, 3683 North Shore Dr, Variance Public Hearing Council Exhibit D Application Summary: The applicant is requesting a lake setback variance in order to construct an elevator dormer (or tower) within the 75 foot lake setback for the newly constructed home. Staff Recommendation: Planning Department Staff recommends approval of the variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey — proposal added by staff Exhibit D. Proposed Plans and Elevations Exhibit E. Applicable Code Sections Exhibit F. Property Owners List Exhibit G. Plat Map Background The applicant is proposing to add an elevator dormer to the home under construction. The location of the elevator dormer will be approximately 70 feet from the lake where a 75 foot setback is required. The dormer will result in a bump out upwards from the roof on the north east side, approximately 4 % feet wide with a 6 Yz foot wide roof. A lake setback variance is required. Variances were granted in 2015 (Case #15-3767) for the new home, as virtually the entire home is within the 75' lake yard. The applicant would like to add an elevator at this time. The elevator dormer will be set back approximately 70 feet from the lake where a 75 foot setback is required. The other zoning requirements will be met. Applicable Regulations: Lake Setback Variance (Section 78-1279) The home under construction is 35 feet from the OHWL. The proposed elevator dormer is proposed as far from the lake as possible yet still accessible within the living space portion of the structure. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect #16-3882 17 November 2016 Page 2 of 3 on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The lake setback variances requested is consistent with the general intent of the Ordinance. The dormer will not encroach closer to the side lot line or the lake than the existing home, and will be conforming on the NE side. The variance is in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. The variance resulting in a permit for a residential improvement to a single family home is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant's request to make improvements to the existing home is reasonable. b. There are circumstances unique to the property not created by the landowner; Much of the applicant's property is encumbered by the 75 -foot setback; the applicant's existing home is situated entirely within the required 75 -foot lake setback; and c. The variance will not alter the essential character of the locality. The applicant's proposal is consistent with the additions approved in 2015 for the home. The proposed dormer is minimal and it is not proposed to extend more lakeward or further into the side setback areas than the existing home. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The applicant's property is unique in that there is a limited buildable area between CSAH 51, the frontage road, the 75' lake setback and side setbacks. The existing home is situated generally in line with the other 4 homes on this narrow piece of land between CSAH 51 and the Lake. The dormer addition is proposed within the existing home's footprint. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The orientation of the applicant's property on the shallow lot on the lake, beneath a busy County road with a frontage access road is relatively unique. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated that the proposed modification is necessary. #16-3882 17 November 2016 Page 3 of 3 7. 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. Staff believes this criteria to be met. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance is necessary in order to allow for the elevator dormer within the nonconforming lake setback. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Consistent with the 2015 variance approvals, Staff continues to find that the location of the property, as it is tucked in below the County road and served by a private frontage road, combined with the 75 -foot lake setback, has practical difficulties in the limited buildable area. In addition, the footprint of the existing home has nonconforming setbacks on three sides. The proposed dormer for the elevator is a minimal addition to the approved home in this location. The improvement, on the landward side of the home, will likely not be visibly intrusive from the lake. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of lake setback variance to permit the elevator dormer as proposed. PC Exhibit A Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: _ G _r &9"� dZ- e -c ,aY - 4±- DESCRIPTION /±DESCRPTION OF REQUEST: �� b�-cL( t�,�,.,,., ��r,� ,�/4•� .�—rd �L' (attached additional sheets as necessary) APPLICANT Applicant Nam Phone (Primar. Applicant Email Address: V-1 Sr &%- ) � & ar ra-..1 .0 crr....� 3 6 s'3 ff'e# 4 ,0 r"L, City: ZIP: ✓r`r3 3 � Applicant is: Contractor meowner Circle One) PROPERTY OWNER INFORMATION: check here if property owner is same as applicant Name: Phone (Primary): Mailing Address: City: Email: APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project.` j J / Applicant/Agent Signature: / ��'-� L� Date: �4`G! ! a O ApplicantlAgent Signature: Date: Property Owner Signature: Date: Property Owner Signature: Date: Variance Application - May 2016 RECEIVED OCT 19 2016 Page 2 3882 CITY OF ORONO City of Orono Variance Application A T� �� Street Address: Kelley Parkway Orono, MN 55356 Orono, Application # l -, Date Received- /a �+. Main: 952-249-4600 fax: 952-249-4616 Staff �7 / Fee y Mailing Address: P.O. Box 66 Escrow # & $ G~ SHO R Crystal Bay, MN 55323-0066 Permit Fee Notes PC Exhibit A Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: _ G _r &9"� dZ- e -c ,aY - 4±- DESCRIPTION /±DESCRPTION OF REQUEST: �� b�-cL( t�,�,.,,., ��r,� ,�/4•� .�—rd �L' (attached additional sheets as necessary) APPLICANT Applicant Nam Phone (Primar. Applicant Email Address: V-1 Sr &%- ) � & ar ra-..1 .0 crr....� 3 6 s'3 ff'e# 4 ,0 r"L, City: ZIP: ✓r`r3 3 � Applicant is: Contractor meowner Circle One) PROPERTY OWNER INFORMATION: check here if property owner is same as applicant Name: Phone (Primary): Mailing Address: City: Email: APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project.` j J / Applicant/Agent Signature: / ��'-� L� Date: �4`G! ! a O ApplicantlAgent Signature: Date: Property Owner Signature: Date: Property Owner Signature: Date: Variance Application - May 2016 RECEIVED OCT 19 2016 Page 2 3882 CITY OF ORONO PC Exhibit B PRACTICAL 0IFFICULTIES DOCUMENTATION FORM !;tic 7c'n. iso rcq**i 3d cubmi tai Yor ALL variance apirllcr ioslls. An application will not be considered comnlete or placed on any meeting agendas until this form Is complete and submitted to the City. Wtinnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulbas be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties, In order for, an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. 1604'41 JO f PROVE A 'RAC i'iCAL DIFirlWLTY7 This fort has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden a: pro►f°ng tha. ting varlar..e is lustifled. The information the City receives is what is used in determining a denial or approval recommendation. If you leave Something -out it will not be considered. 'lease address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided. 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." Because this home Is Intended to afaw as to live In the home for the rest of our lives, It was brought to our attention that based on the floor plan, the only way we could have e!evator amess Lg the thIW 1=1 goWid be to modify the momn omodate the cab of the elevator lift. It also Riedged to the ease of use to have a 1/2 bathroom to accomodate at the same time. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." the, does not appear to have a negat]ve impact to neighbors or the spirit of the city's aesthetics. 3. 'The variance, if granted, will not after the essential character of the locality." 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. *Practical difficulties 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 Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." It Is our desire to aJow both bathroom and elevator/lift access to all floors of our home, and our floorplan proved difiRculty in accomplishing that. 6. °The Hoard of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located,' vCrhufae Appllcstian .- may tore OCT 19 2o26 ftP 4# 3882 F CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. 'The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." granting this variance would allow us to ensure the utility/feasobility of this hcme For many years, as It Is our intention to live here for many years. 11. 'The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." this project is wholly endorsed by our neighbors, as function Is diff}cult to accomplish without exception in our neighborhood. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. - handicap access and bathroom access to the third floor would also allow us to accomodate aging relatives/fnerds as they come to visit our home. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): tt�cErv� OCT 19 2016 Varlarnce Application— May 2016 — 1011Y OF ORONO PC Exhibit C - / i4 a win in ca �r - z irl b ' M eq -- BOUNDARY AND TOPOGRAPHIC SURVEY FOR s rn in J X Pi` © JONATHAN RESSLER ��� LL X41 � _00 / OF LOT 5 CRYSTAL BEACH AND ; PART OF ABANDONED Co. Rd. No 19 s 0 HENNEPIN COUNTY, MINNESOTA L v L co / Z �] r C}d2 ra d932.51 �yQ LO U¢ pit 3p Sir S oo t / `ttt! SQpp W s / y4zJlJ $ arI ��,p/Yp� 2 s ��/ C a'Q�r j ,J�'F� tiff J Approximate location and size of the (is proposed elevator l .QA„ "J shaft/tmer. 41 i4 }, 57 THRESHH � J 66 PROPOSED SRT FENCE' 'a / J d ti 41 / (731. 7 LEGAL DESCRIPTION OF PREMISES (]. Lot 5, CRYSTAL BEACH; ALSO, ° e All that part of abandoned County State Aid Highway No. 51 (shown ' / �� fi ' , .: �•y(w]�\� as County Road in the ,plat "Crystal Beach"). which lies between the ,Z 22 4' northwesterly extensions of the northeasterly and southwesterly Imes' E ° �r,,c°�' f 78x 4 of Lot 5, "Crystal Beach" except that part of said Highway lying Ld f __ '_ ! northwesterly of a line drawn parallel with and distant 50 feel c n� 1t� southeasterly of the present centerline of C 5 A -H Na 51. -- / (/1-`- y t! - I described as follows: Commencing at the intersection of the centedine of said County State Aid Highway No 51 and the South fine of Section 8 Township 117 Range 23 (said point also being the intersection with the centerline of C.S.A.H. No. 18); thence run z Y Northeasterly at an angle of 107 degrees 54 minutes with the north -south c� centedine of said C.S.A.H. No. 19 for a distance of 111,4 feet; w ��" thence defied left along a tangential curve having a radius 572.96 Feet (delta angle 31 degrees 39 minutes) for a distance of 316-5 feet thence tangent to said curve for a a distance of 344.7 feet and there terminating. ZIP denotes iron marker (932.5]- denotes existing spot elevation, mean sea level datum _ denotes existing contour line Bearings shown are based on an assumed datum. L 10 2d5 4Q // / �t t -- This survey shows the boundaries and topography of the existing property jt -- / and the location of an existing house, garage, concrete pad and other } /. "hardcover" thereon. It does not purport to show any other improvements m or encroachments. w' y SCALE IN FEET j------------._-----------.---r..—.__.hr' /� � � Mry• pV 1 F_fhR1A PC Exhibit D 4d2 OF==] =El El"Imill LA 3 LEFT ELEV,4TION 514CK ELEVATION SCALE: I/S' = I'-0' SCALE: I/8' = I'-0' OdO 12 �4 4:12 EdO 12 Lol �e ® ® ® Ld 0 8:12 I E P�=q TT FRONT ELEVATION RI�NT ELEVATION 1 SCALE: I/8' = 1'-0' = 1'-0' r DISCLAIMER OF WARRANTIES The plans furnished herewith were prepped upon request by draftsmen who are not registered architects or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes NO WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED as to merchantability or fltness for a partiwlar purpose and places any users) o notice that reliance upon sold plans shall be It thl. sole risk of the a er(5). The selection of co rect structural materials and the application of architectural principals is a precise art, the resp—RIFty for which ,As with the builder, the owner, or the user oftheseplans ]. # jiX b V�kj IEjj�� N ibi •� N N �N La ® 21 ® � a 0. O Z ,t� O v � N Q / w N Lu LLI Q 95515004 w.e tarleea 9551500420 wn �/21/I5 cwr a+cv BR anxa x/29/15 BR t�neea 9!23/15 BR taviem. 9/25/15 BR �enxrn 10/6/15 BR DJ t srn 10/26/15 BR ELEvATIONS A-1 @ S FOUNDATION PLAN SCALE:1/8' =I'-0' � 22'-0' 2--&- '-6'T'-11/2' I'- 1 1/2'5'-3' 110'-Ilw 9'-10' 9 244 DH 3050-3 FPO. a LuQ O e�> EXISTING a� in n y. 0 x CRAWL SPACE W Lu I m w 0 II' -II' 14'-3' 4'-I° — — I NEW POINT LOADS — — -1 F — — I �N 9 51500420 NLGD 60611 I GH 3050-2 K RO. 6' -0'X6' -II' R,C. 6-�":��'-C' wn x/21/15 cwr a+cv BR a I I I I LL 0 LVL GREAT RM. BR - L__JI L __ L J IFICE1 OR DJ VERIFY BR =LOOK PLANS A-2 AGGESS PASSIVE RADON SYSTEM CONTRACTOR TO PROVIDE P4551VE RADON SYSTEM TO COMPLY WITH RESIDENTIAL ENERGY CODE REQUIREMENTS I I 2'-5' /� 21-11" INING e I I r i I - I QX K ro j /'/ REVISED CORNER /1 MATCH EXISTING CONDITIONS 28 15 � I � 6 ' I KITCHEN LG 700 I I I 2� BA7H a ro. s I e x IV,f4 / X CONCRETE GARAGE FOUNDATION IS' -4' 6'-3' / 6' 3'-4 r 1 4'-8 O ^,' 0 VERIFY POURED OF CMU, ON 116'x10' CONC. FOOTINGS ✓ A6CE 0 TO FROSTXb POST ON — 44m 50NOTUBE FOOTINGS _J1 11_ _ _ _ TO FROST Q O BEAM REF. PANTRY I BEAM I BEAM r I _ _ _ AD UNEXCAVATED II' -II' BEARING z I I I I I I I I I I I VE IFY o - I I I I I I I I I I I I I I e Essj I I I I - I L— ---J 7v" —Jpf$ 26 9'-3' I' -II' -------------------------�j -5 5/16'-4 Il/ MECH 4 4"0 FOY m 2'-6' 4 28 FOUNDATION PLAN SCALE:1/8' =I'-0' � 22'-0' 2--&- '-6'T'-11/2' I'- 1 1/2'5'-3' 110'-Ilw 9'-10' 244 DH 3050-3 FPO. a LuQ O e�> o a� in n y. 0 x @ W Lu I w @ S m -<4 4oe Nreae 95515004 �N 9 51500420 NLGD 60611 I GH 3050-2 K RO. 6' -0'X6' -II' R,C. 6-�":��'-C' wn x/21/15 cwr a+cv BR a BR LL 0 LVL GREAT RM. BR - BR 0 IFICE1 OR DJ 10/26/15 BR =LOOK PLANS A-2 2'-5' /� 21-11" INING e - QX K ro j 28 15 � I � 6 ' KITCHEN LG 700 I I I 2� BA7H a ro. s 25 M e x IV,f4 / X 0 IS' -4' 6'-3' / 6' 3'-4 r 1 4'-8 O ^,' 0 ✓ A6CE W \�P9NE� 44m _J1 11_ _ _ _ Q O BEAM REF. PANTRY _ BEAM BEAM r —1 SOLID _ _ _ AD II' -II' BEARING z `9 VE IFY o - A Essj le 7v" —Jpf$ 26 9'-3' I' -II' l -5 5/16'-4 Il/ MECH 4 4"0 FOY m 4 28 BUILT-INS L FUNRE �Cljl C73 ELEVATOR R{Y Y=O 5/S' RO. 2'-0 5/6' @ 3'-10' 3'-6' 6'-10' 0 --5. 3 01/2"- 9m /I 2x10'. (2) 2x10'. SOLID CORE 2'-4' 3'-0° 3'-6" 2'-0' 4'-4° MINUTE FIRE DOOR i NEW 1" ENTRY 0 NEW GARAGE ml -------------------- 16' 16'X Sm OH. DOOR FIRST FLOOR FLAN �`J SCALE: I/S' = I'-0' 9'-5' 1 2'-6' e e @ S r DISCLAIMER OF WARRANTIES The plans furnished herewith were prepped ,pon request by o y dr,ftsmen who are not rear gist ... d hlt.cR, r professionol engineers and are for INFORMATION PURPOSES ONLY. The Design Team makes NO WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED as to--hontnbility fitness TO a partiwlar purpose and pleces any user(.) on notice that e Nonce p— s Id plans shall be It the. sole risk oT the user(5). The selection of co z structurol materials and the apples a 1.1 0 b'b.echral principals is a precise art, theresponsbillty for which rests with the builder, the owner, or the user of these]t plans. iyIbI�IkIIjyllIIIllIIIIIIIIIII NyII��IkI y, m pEp�Ep�I E CTv w 10 � dN aN II Lw ® c ® � a N LuQ O W o a� W Lu Q 4oe Nreae 95515004 �N 9 51500420 wn x/21/15 cwr a+cv BR 16M11!!F 1/29/15 BR t�neea 9/23/15 BR tavlem. 9/25/15 BR 11lN!!D� 10/6/15 OR DJ 10/26/15 BR =LOOK PLANS A-2 SCREEN I e PORCH ro b' -II I/2" T' -I I/2' NLGD 60611 NLGD 33611 Rp. 6' -0'x6' -II' RA, 3'-2 xb'-II' 0 FAMILY ROOM I81-01XIT-0' N r � � Y meati KID,S'° Ca C1'x " BATCH, 8 y 2 — s m q ro 2 22'-0' A4 A21 244DH 3050-2 RO. 2'-0 5/8' R.O. 6'-0'x5'-0' x2'-0 5/6' (2) 9 12' LVL (2) 2x10'. DMA T Su T. t Il' 6'X9 10' "se a a�er m1 w 28Tr � a I u ama qn " Qy M. ATH o o °�xN a 9'-10' 4' 3 A5 AD 6'-8 4'-2' 5'-4' L 9'-9 5/16' 4' 4 11/ U B X `9 •Yv 0 �Xn � �✓ 2N 0 2 N— I I C FUTURE E�EVATdR LINEN 0 \X/ MEGH. X3'-01/2' 5T0 jE GI3 R.O. 2'-0 5/8' X3'-0 I/2' g 0 - (2) 240'. m ry Q II' -4° 4'-4' 4'-2' 9� J Qin @n �x- BD�3 dX� b 9 m 24 n _a�n0 a aMe� 1b m IXC m I � u 24 2 -2' BDRM. 2 X a Iu.I.G. I s 24 244 DH 3050 244 DH 3050 244 DH 3050 RO- 3'-0'x5'-0° R.O. 3'-0'x5'-0' R.O. 3'-0'x5'-0' (2) 2X10'. (2) 2X10'. (2) 2XI0'. 5'-3' 5'-3' 4'-8' SEGONE) FLOOR FLAN SCALE: FUTURE EliEVATOiR \X/ II' -1 1/4' k 19'•1' 244 DH 3050-2 RO. 6'-0'x5'-0' (2) 9 12' LVL I _ I � I I I I I I I I I L 8 � ANUS ROOM i o p¢ Q�X„ _ B S I I I I I I I I I I I I I � I � 244 D 3050 R.O. 3'- 'x5'-0' 23 X10'. 4�_6- 5'-113/4. 5"_15'-113/4' S'_I' FIRST FLOOR 1304 SQ. FT. SECOND FLOOR 162(o SQ. FT. TOTAL 2930 SQ. FT. BONUS ROOM 101 SQ. FT. (�� 80NUS ROOM PL>4N SCALE: CONTRACTOR. TO FIELD VERIFY ALL EXISTING DIMENSIONS d CONDITIONS PRIOR TO GON5TRUGTION --------------------------------- -------------------------------- TO 5E REMOvED NEW WALLS DISCLAIMER OF WARRANTIES The plans furnished herewith were p,lp - upon request by draftsmen who are not registeretl arch heels or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED os to merchantobil ltd " or fitness for . particular purpose and ro ces any users) -p i n.lh that op— said plans shale be of the s le risk or the The selection of co rect structural materials and the appslication of architectural principals precise ort, the responsibility for which rests with the builtler, the owner, or the user of these plans. jj z N CL co 1 1 "vNi 10 • N N N E Na x 7 V N Z UlLuQ 0 ()J 0 4N LL W ul Q 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 3'-2 xb'-II' 0 FAMILY ROOM I81-01XIT-0' N r � � Y meati KID,S'° Ca C1'x " BATCH, 8 y 2 — s m q ro 2 22'-0' A4 A21 244DH 3050-2 RO. 2'-0 5/8' R.O. 6'-0'x5'-0' x2'-0 5/6' (2) 9 12' LVL (2) 2x10'. DMA T Su T. t Il' 6'X9 10' "se a a�er m1 w 28Tr � a I u ama qn " Qy M. ATH o o °�xN a 9'-10' 4' 3 A5 AD 6'-8 4'-2' 5'-4' L 9'-9 5/16' 4' 4 11/ U B X `9 •Yv 0 �Xn � �✓ 2N 0 2 N— I I C FUTURE E�EVATdR LINEN 0 \X/ MEGH. X3'-01/2' 5T0 jE GI3 R.O. 2'-0 5/8' X3'-0 I/2' g 0 - (2) 240'. m ry Q II' -4° 4'-4' 4'-2' 9� J Qin @n �x- BD�3 dX� b 9 m 24 n _a�n0 a aMe� 1b m IXC m I � u 24 2 -2' BDRM. 2 X a Iu.I.G. I s 24 244 DH 3050 244 DH 3050 244 DH 3050 RO- 3'-0'x5'-0° R.O. 3'-0'x5'-0' R.O. 3'-0'x5'-0' (2) 2X10'. (2) 2X10'. (2) 2XI0'. 5'-3' 5'-3' 4'-8' SEGONE) FLOOR FLAN SCALE: FUTURE EliEVATOiR \X/ II' -1 1/4' k 19'•1' 244 DH 3050-2 RO. 6'-0'x5'-0' (2) 9 12' LVL I _ I � I I I I I I I I I L 8 � ANUS ROOM i o p¢ Q�X„ _ B S I I I I I I I I I I I I I � I � 244 D 3050 R.O. 3'- 'x5'-0' 23 X10'. 4�_6- 5'-113/4. 5"_15'-113/4' S'_I' FIRST FLOOR 1304 SQ. FT. SECOND FLOOR 162(o SQ. FT. TOTAL 2930 SQ. FT. BONUS ROOM 101 SQ. FT. (�� 80NUS ROOM PL>4N SCALE: CONTRACTOR. TO FIELD VERIFY ALL EXISTING DIMENSIONS d CONDITIONS PRIOR TO GON5TRUGTION --------------------------------- -------------------------------- TO 5E REMOvED NEW WALLS DISCLAIMER OF WARRANTIES The plans furnished herewith were p,lp - upon request by draftsmen who are not registeretl arch heels or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED os to merchantobil ltd " or fitness for . particular purpose and ro ces any users) -p i n.lh that op— said plans shale be of the s le risk or the The selection of co rect structural materials and the appslication of architectural principals precise ort, the responsibility for which rests with the builtler, the owner, or the user of these plans. jj z N CL co 1 1 "vNi 10 • N N N E Na x 7 V N Z UlLuQ 0 ()J 0 4N LL W ul Q 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 6'-8 4'-2' 5'-4' L 9'-9 5/16' 4' 4 11/ U B X `9 •Yv 0 �Xn � �✓ 2N 0 2 N— I I C FUTURE E�EVATdR LINEN 0 \X/ MEGH. X3'-01/2' 5T0 jE GI3 R.O. 2'-0 5/8' X3'-0 I/2' g 0 - (2) 240'. m ry Q II' -4° 4'-4' 4'-2' 9� J Qin @n �x- BD�3 dX� b 9 m 24 n _a�n0 a aMe� 1b m IXC m I � u 24 2 -2' BDRM. 2 X a Iu.I.G. I s 24 244 DH 3050 244 DH 3050 244 DH 3050 RO- 3'-0'x5'-0° R.O. 3'-0'x5'-0' R.O. 3'-0'x5'-0' (2) 2X10'. (2) 2X10'. (2) 2XI0'. 5'-3' 5'-3' 4'-8' SEGONE) FLOOR FLAN SCALE: FUTURE EliEVATOiR \X/ II' -1 1/4' k 19'•1' 244 DH 3050-2 RO. 6'-0'x5'-0' (2) 9 12' LVL I _ I � I I I I I I I I I L 8 � ANUS ROOM i o p¢ Q�X„ _ B S I I I I I I I I I I I I I � I � 244 D 3050 R.O. 3'- 'x5'-0' 23 X10'. 4�_6- 5'-113/4. 5"_15'-113/4' S'_I' FIRST FLOOR 1304 SQ. FT. SECOND FLOOR 162(o SQ. FT. TOTAL 2930 SQ. FT. BONUS ROOM 101 SQ. FT. (�� 80NUS ROOM PL>4N SCALE: CONTRACTOR. TO FIELD VERIFY ALL EXISTING DIMENSIONS d CONDITIONS PRIOR TO GON5TRUGTION --------------------------------- -------------------------------- TO 5E REMOvED NEW WALLS DISCLAIMER OF WARRANTIES The plans furnished herewith were p,lp - upon request by draftsmen who are not registeretl arch heels or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED os to merchantobil ltd " or fitness for . particular purpose and ro ces any users) -p i n.lh that op— said plans shale be of the s le risk or the The selection of co rect structural materials and the appslication of architectural principals precise ort, the responsibility for which rests with the builtler, the owner, or the user of these plans. jj z N CL co 1 1 "vNi 10 • N N N E Na x 7 V N Z UlLuQ 0 ()J 0 4N LL W ul Q 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 FUTURE EliEVATOiR \X/ II' -1 1/4' k 19'•1' 244 DH 3050-2 RO. 6'-0'x5'-0' (2) 9 12' LVL I _ I � I I I I I I I I I L 8 � ANUS ROOM i o p¢ Q�X„ _ B S I I I I I I I I I I I I I � I � 244 D 3050 R.O. 3'- 'x5'-0' 23 X10'. 4�_6- 5'-113/4. 5"_15'-113/4' S'_I' FIRST FLOOR 1304 SQ. FT. SECOND FLOOR 162(o SQ. FT. TOTAL 2930 SQ. FT. BONUS ROOM 101 SQ. FT. (�� 80NUS ROOM PL>4N SCALE: CONTRACTOR. TO FIELD VERIFY ALL EXISTING DIMENSIONS d CONDITIONS PRIOR TO GON5TRUGTION --------------------------------- -------------------------------- TO 5E REMOvED NEW WALLS DISCLAIMER OF WARRANTIES The plans furnished herewith were p,lp - upon request by draftsmen who are not registeretl arch heels or professional engineers and a e for INFORMATION PURPOSES ONLY. The Design Team makes WARRANTIES WHATSOEVER EITHER EXPRESSED OR IMPLIED os to merchantobil ltd " or fitness for . particular purpose and ro ces any users) -p i n.lh that op— said plans shale be of the s le risk or the The selection of co rect structural materials and the appslication of architectural principals precise ort, the responsibility for which rests with the builtler, the owner, or the user of these plans. jj z N CL co 1 1 "vNi 10 • N N N E Na x 7 V N Z UlLuQ 0 ()J 0 4N LL W ul Q 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 95515004 9551500420 can awe a"cv �/11/t5 BR x/29/15 BR 9/23/15 BR pule®• 9/25/15 BR lovum • 10/6/15 BR DJ 10/26/15 BR A-3 GENERAL NOTES: TRU55 MANUFACTURER TO VERIFY HEADER/BEAM SIZES AND POINT LOADS WHERE GIRDERS EXERT CONCENTRATED LOADS. LAYOUT TO BE VERIFIED PRIOR TO CONSTRUCTION TALL WALL SITUATIONS REQUIRE ENGINEERING. DESIGN PROVIDED BY OTHERS ANDERSEN WINDOWS ARE CALLED OUT 8' CEILING HEIGHT UNLESS NOTED 6' -II' HEADER HEIGHT UNLESS NOTED 42' MIN. DEPTH REO'D FOR ALL FR05T FOOTINGS FON. REINFORCING (1) "4 REBAR SPACING PER CODE/ SOIL CONDITIONS e WITHIN 12' FROM CORNER FOOTING REINFORCEMENT AS REQUIRED SOLID BEARING REQ'D - ALL BEAMS 1 HEADERS ANCHOR BOLTS - 6' O.C. ALL TRUSSES ARE TO BE ENGINEERED a INSTALLED ACCORDING TO TRUSS MANUFACTURER ALL BONUS ROOMS TO BE VERIFIED BY TRU55 MANUFACTURER PRIOR TO CONSTRUCTION 30' MIN. REQ'D WIDTH - TOILETS SAFETY GLAZING REQ'D FOR ALL GLASS WITHIN 18" OF FLOOR AND GREATER THAN S SQ. FT. IN AREA SAFETY GLAZING REQ'D FOR ALL GLASS WITHIN 24" ARC OF DOORS VAPOR RETARDER REQ'D UNDER ALL CONC. SLABS IN HABITABLE AREA ROOF VENTS 1/300TH SQ. FT. VENT PER I SQ. FT. ROOF AREA: 50% IN SOFFIT AND 50% NEAR RIDGE CARBON MONOXIDE DETECTOR REO'D WITHIN 10' OF ALL SLEEPING ROOMS SILL SEALERTO BE INSTALLED UNDER ALL SILL PLATES SEALED, CONTINUOUS AIR AND VAPOR BARRIER TO BE INSTALLED ON WAR" 151DE OF EXTERIOR WALLS, WITH ALL JOINTS, OPENINGS, AND PENETRATIONS SEALED IN A PERMANENT MANNER UNSUPPORTED SHEATHING JOINTS TO BE SEALED ON EXTERIOR OF JOINT AIR BARRIER ON EXTERIOR OF HOME TO. BE WITH J -BLOCKS OR SOLID WOOD BLOCK FOR PENETRATIONS ATTIC ACCESS TO BE SEALED WITH SPRAY TEXTURE OR CAULK S2%+ SEALED COMBUSTION FURNACE AIR EXCHANGER OR IN LINE FAN DIRECT VENT GAS WATER HEATER OF APPLIES) MAX, 300 CFM ON ANY ONE APPLIANCE 706 ! CQ"16 APPLY 04 1 lEA80YE WINDOW FALL PROTECTION REQUIRED WHERE LOWEST PART OF OPENING IS MORE THAN l2' ABOVE FINISHED GRADE OR SURFACE BELOW /THE LOWEST PARI OF THE OPENING 15 WITHIN 36' OF THE FINISHED FLOOR. EXAMPLE: WINDOW OPENING CONTROL DEVICE CONCRETE FOOTING ARE REQ'D TO BE 5,000 psi FOUNDATION WALL REQ'D TO BE WATERPROOFED FIRE PROTECTION FOR FLOORS AT BASEMENT MUST BE 1/2' GYPSUM WALL MEMBRANE OR 5/S' WOOD STRUCTURAL PANEL MEMBRANE. AN AREA NOT TO EXCEED 50 50. FT. CAN BE LEFT UNPROTECTED PROVIDED THERE IS FIREBLOCKING IN STALLED ALONG THE PERIMETER OF THE UNPROTECTED AREA, VAPOR RETARDER REQ'D ON THE INTERIOR 51DE OF THE FRAMED WALL. CLASS I, II, OR III MAY BE USED. 15% OF ALL LIGHT FIXTURES TO HAVE HIGH EFFICIENCY BULBS. ALL STAIRS SHALL HAVE CONTINUOUS HANDRAIL ON AT LEAST ONE 51 DE HANDRAILS MUST BE 36'-38' MIN. IN HEIGHT GUARDRAILS MUST BE 36' MIN. IN HEIGHT n MUST HAVE INTERMEDIATE RAILS OR AN ORNAMENTAL PATTERN THAT A 4'5PHERE CANNOT PASSTHROUGH SCREEN PORCH FAMILY ROOM 5/4 DECKING ON2X2 SLEEPERS RUBBER MEMBRANE ON 3/4' TRT'D PLYWOOD ON FLOOR TRUSSES, SLOPE TOP e S CREAT RM. I ro 4 MASTER SUITE v_ IS' FLOOR TRUSSES TYPICAL ROOF CONSTRUCTION: T.O. PLATE R-49 ATTIC IN6ULATIC9DR HEIGHT COMPOSITION SHINGLES ON 4 MIL. POLY ROOF VENTS 1/300TH 5Q. FT. VENT 15" ROOF FELT ON BR PER I SQ. FT ROOF AREA: 50% IN 15/32' ROOF 5HEATHINGON levlem. 10/6/15 SOFFIT AND 5O% NEAR RIDGE PRE MANUFACTURED ROOF TRUSSES BR u� ICE " WATER SHIELD 24' PAST EXTERIOR WALLS g PROPER VENTS 7.0, SUB FLOOR TYPICAL FASCIA DETAIL: 2x6 SUB FASCIA MAINTENANCE -FREE FASCIA COVER MAINTENANCE -FREE VENTED SOFFIT TYVEK HOUSE WRAP OR EQUAL ENTIRE EXTERIOR 1/16' WALL SHEATHING ON 2X6 PRECUT STUDS - 16' O,C. R-21 BATT INSULATION 4 MIL. POLY 1/2' DRYWALL TYPICAL FLOOR CONSTRUCTION: 3/4' TAG SUB FLOOR SHEATHING (GLUED 6 NAILED) ON 18' FLOOR TRUSSES (SEE PLANS FOR SPACING a DIRECTION) SPRAY FOAM INSULATION - RIM JOIST EXISTING CRAWL SPACE T T . WALL SECTION SCALE: 1/8' = 1'-0" X Q m� OFFICE rc s EXISTING FLOOR FR. SLOPED CEILING Q ro Al FOY 0�El Fm SEE PLANS FOR STAIRS ORIENTATION a v 9 D -SCREEN FORCI4 DETAIL 2 BUILDING SECTION SCALE: I/8" = 1'-0" SCALE: I/8' = 1'-0" � ROOD PL,4N SCALE: 1/16' = 1 NEW BONUS ROOM ATTIC TRUSSES NEW SECOND FLOOR 18' FLOOR TRUSSES REVISED FIRST FLOOR EXISTING FLOOR EXISTING CRAWL SPACE BUILDING SECTION �� SCALE: 1/8' = I'-0' 7 DISCLAIMER OF WARRANTIES The plans furnished heiewill, were prepared upon request by draftsmen who are not 1. mt d arch heels or professional engineers and are for INFORMATION PURPOSES ONLY. The Design T- makesWARRANTIES WHATSOEVER EIT1T HER EXPRESSED OR IMPLIED os to merchantability or fitness fora particular purpose and places any users) qn notice that uP said plans shall be of the sole risk of the a -- - The selection of ' Pact structural materials and the rappli"'i" of architectural principals is o precise ort, It, responsibility for which rests with the builder, the owner, or the user of these planryrysEEIE�� co 10 CID il=� •� N w� � mN NN pJ C a N E Na .toe M1Td6 95515004 T.O. PLATE R-49 ATTIC IN6ULATIC9DR HEIGHT dwr O+c9 BR 4 MIL. POLY BR 9/23/15 BR 5/8' DRYWALL BR levlem. 10/6/15 BR DJ levee®. 10/26/15 BR u� g � 7.0, SUB FLOOR v T.O. PLATE m 9 HDR HEIGHT ro s m T.O. SUB FLOC EXISTING FLOOR T T . WALL SECTION SCALE: 1/8' = 1'-0" X Q m� OFFICE rc s EXISTING FLOOR FR. SLOPED CEILING Q ro Al FOY 0�El Fm SEE PLANS FOR STAIRS ORIENTATION a v 9 D -SCREEN FORCI4 DETAIL 2 BUILDING SECTION SCALE: I/8" = 1'-0" SCALE: I/8' = 1'-0" � ROOD PL,4N SCALE: 1/16' = 1 NEW BONUS ROOM ATTIC TRUSSES NEW SECOND FLOOR 18' FLOOR TRUSSES REVISED FIRST FLOOR EXISTING FLOOR EXISTING CRAWL SPACE BUILDING SECTION �� SCALE: 1/8' = I'-0' 7 DISCLAIMER OF WARRANTIES The plans furnished heiewill, were prepared upon request by draftsmen who are not 1. mt d arch heels or professional engineers and are for INFORMATION PURPOSES ONLY. The Design T- makesWARRANTIES WHATSOEVER EIT1T HER EXPRESSED OR IMPLIED os to merchantability or fitness fora particular purpose and places any users) qn notice that uP said plans shall be of the sole risk of the a -- - The selection of ' Pact structural materials and the rappli"'i" of architectural principals is o precise ort, It, responsibility for which rests with the builder, the owner, or the user of these planryrysEEIE�� co 10 CID il=� •� N w� � mN NN pJ C a N E Na .toe M1Td6 95515004 � 9581500420 DATL �/11/t5 dwr O+c9 BR x/29/15 BR 9/23/15 BR 9/25/15 BR levlem. 10/6/15 BR DJ levee®. 10/26/15 BR A-4 PC Exhibit E Sec. 78-1279. - Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Public Water Classification Unsewered NE 150 RD 100 GD 1 75 Tributary 1 100 Structure SE Sewage Treatment System 150 75 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* Page 1 * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impactzones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water -oriented needs. Uses without water -oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. (Ord. No. 101 2nd series, § 1(10.56(16)(Q), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004; Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series, § 1, 8-10-2015) Page 2 PC Exhibit F RUN DATE: 11/0312016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: I 38 09-117-23 34 0006 38 17-117-23 21 0010 COUNTY OF HENNEPIN GAIL C ROGERS REV TR 38 ADDRESS UNASSIGNED 1610 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 COUNTY OF HENNEPIN GAIL ROGERS A T TN: REAL ESTATE MANAGER '610 SHADYWOOD RD 701 4TH AVE S SUITE 400 WAYZATA MN 55391 MINNEAPOL:S MN 55415 ORONO MN 55391 38 09-117-23 34 0007 38 17-117-23 210011 ADAM LEHR & ASHLEY LIPNICK KRISTINA M ERICSON ET AL 3645 NORTH SHORE DR 3705 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 ADAM LEHR KRISTINA M ERICSON 3645 NORTH SHORE DR 1610 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 34 0008 38 17-117-23 21 0012 MICHAEL D SHARRATT HANS DONALD ROSACKER 11 ETAL 3635 NORTH SHORE DR 1620 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 KATHERINE S KITT DON & KIM ROSACKER 5590 WOODSIDE LA :620 SHADYWOOD RD EXCELSIOR MN 55331 WAYZATA MN 55391 38 08-117-23 34 0050 A & D HAGEN 3655 NORTH SHORE DR ORONO MN 55391 AL & DONNA HAGEN POBOX5 CRYSTAL BAY MN 55323 38 09-117-23 34 005: JAMES R ZAHLER 3669 NORTH SHORE DR ORONO MN 55391 JAMES R ZAHLER 3669 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0052 MELISSA PLACHECKI 3675 NORTH SHORE DR ORONO MN 55391 MELISSA PLACHECKI 3675 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0053 J RESSLER/CHRISTINE RESSLER 3683 NORTH SHORE DR ORONO MN 55391 JON RESSLER CHRISTINE RESSLER 3683 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0054 FRANK PLACHECKI 3685 NORTH SHORE DR ORONO MN 55391 FRANK PLACHECKI 3685 NORTH SHORE DR WAYZATA N.N 55391 38 08-117-23 34 0061 HENNEPIN FORFEITED LAND 3700 NORTH SHORE DR ORONO MN 55391 COUNTY OF HENNEPIN ATTN: REAL ESTATE MANAGER 417 5TH ST N SUITE 320 MINNEAPOLIS MN 55401 38 08-117-23340063 RECEIVED NANCY L B' -AIR 3768 NORTH SHORE DR ORONO MN 55391 NOVn .y D Nv 0 NANCY L BLAIR L 3768 NORTH SHORE DR WAYZATA MN 55391 #3882 CITY OF ORONO Hennepin County has developed electronic forms of certain property information databases. Hennepin County niakes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED 3882 NOVO 4' CITY OF ORONO PC Exhibit G Hennepin pin Counter Locate notify Map Provided By; Resident and Real Estate Services Date: 11/3/2016 Buffer Size: 3507 feet 0 60 120 240 ft Map Comments: I, i i l, i 1 1 0811723344053 RECEIVED J RESSLERICHRISTINE RESSLER For more information contact: 3683 North Shore Drive Orono, MN 55391 Hennepin County GIS Office ] .016 300 6th Street South Minneapolis, MN 55467 gis.info@hennepin.us �,ITY OF OR NO #3882 Council Exhibit E MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Elenkiwich stated it appears to be about 30 feet wide. The original intention was to landscape that entire area. Elenkiwich stated they would like to add more greenscape to that area to help soften the appearance of the corner. Landgraver moved, Olson seconded, to recommend approval of Application No. 16-3879, Scenic Sign Corporation on behalf of Lunds Real Estate, 3333 Shoreline Drive, granting of a sign variance and a sign height variance. VOTE: Ayes 6, Nays 0. 4. #16-3880 EVERLAST ENTERPRISES, INC., P.M. — 7:28 P.M. A1111111111 A representative from Everlast Enterprises was present. ANCES, 7:22 Curtis stated the property owner is proposing to demolish the existing structure and construct a new two- story residence on the property. The applicant is requesting the following variances in order to do so: 1. A setback variance for a 30 -foot setback where a 50 -foot setback is required from Tonka. 2. A setback variance for a 40 -foot setback from the undeveloped Brook Street on the north side where a 50 -foot setback is required. Because the property is a nonconforming lot of record and does not meet the area and width standards, lot area and lot width variances are also required. All the other zoning standards will be met. Staff finds that there are practical difficulties supporting the requested variances to redevelop the property. The setbacks proposed are consistent with the neighborhood and offers a greater separation from the home to the south. Page 13 of 38 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. Staff recommends approval of the variances conditioned upon compliance with the City Engineer's comments relating to the grading site plan at the time of building permit. No public comments have been received. The Planning Commission had no questions for Staff. The Applicant stated he is here to answer questions. Chair Thiesse opened the public hearing at 7:25 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:25 p.m. Thiesse asked if it is possible to position the house north and south to eliminate the side yard setback. Curtis indicated that is correct. The applicants felt by positioning the house as proposed they have more distance between them and the neighbor to the south. The area to the north is likely to never be developed since it is a platted alley. The other piece that separates the alley from the Luce Line is not available land to make a cul-de-sac since both streets are very tight dead -ends. Curtis stated for all intents and purposes, the applicants are meeting the 30 -foot setback but they do technically require a 50 -foot setback on the north. Thiesse stated he agrees with that but that he felt the issue needed to be discussed. Lemke moved, Schoenzeit seconded, to recommend approval of Application No. 16-3880, Everlast Enterprises, Inc., 230 Tonka Avenue, granting of lot area, lot width, and setback variances. VOTE: Ayes 6, Nays 0. 5. #16-3881 CHARLES CUDD, 2525, 2535, AND 2545 SHADYWOOD ROAD, EASEMENT VACATION, 7:28 P.M. — 7:32 P.M. Page 14 of 38 Date Appeal Received: 11/07/16 Date Application Considered as Complete: 11/07/16 REQUEST FOR COUNCIL ACTION Date: 7 December 2016 Item No. 20 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis l'Y1GG Y"-/- Planning Title: Planner Item Description: #16-3884, Jeff & Pia Schutt, 2750 Casco Point Rd, Appeal the Zoning Board of Appeals Decision Application Summary: The applicants are appealing a decision made by the Zoning Board or Appeals, who reviewed, on November 14, 2016, a decision made by administrative staff of the issue described below. The applicants recently constructed a new residence at the property. During the process of finaling out the permits, an as -built survey was submitted by the builder and reviewed by staff. Upon review it was evident that a pergola/arbor structure was constructed over a retaining wall within 2 feet from the property line; the arbor is approximately 7 feet tall. The pergola was not noted on the plan for which a permit was issued. The Ordinance allows either a fence or wall to be located at the property line, provided such fence is not higher than 6 feet; or certain architectural features of a house are permitted to encroach into required setbacks. These encroachments do include ornamental features, provided they do not extend more than 2 feet into a required yard. The applicants feel that Section 78-1405 (a) (1) should apply: Sec. 78-1405. - Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. The pergola is not attached to the house, and it encroaches further than 2 feet into the required yard. Should the Council consider the detached pergola an improvement allowed to encroach into required setback, a variance would still be required to permit it to encroach within 2 feet of the property line. Planning Commission Recommendation On November 21, the Planning Commission reviewed the appeal. The property owners were out of the country and were represented by their son. The Planning Commission's discussion is detailed in the minutes, attached as Exhibit E. Following the discussion the Commission voted 6 to 0 on a motion to deny the appeal. COUNCIL ACTION REQUESTED The property owners have requested the City Council review their appeal request. The City Council should review the application and make a decision regarding the appeal, directing staff to draft the appropriate findings. List of Exhibits: Exhibit A. Building Permit Information Exhibit B. Neighbor Comments Exhibit C. PC Staff Report & Exhibits Exhibit D. Draft PC Minutes Council CITY OF ORONO * 2 0 1 6— 0 0 0 6 9 Exhibit A 2750 KELLEY PARKWAY DATE ISSUED: 02/08/2016 ORONO, MN 55356- 952) 249-46UU YAX: (952) 249-4616 ADDRESS : 2750 CASCO POINT RD PIN : 20-117-23-24-0020 LEGAL DESC : CASCO HEIGHTS : LOT 000 BLOCK 003 PERMIT TYPE : NEW STRUCTURE PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : SINGLE FAMILY ACTIVITY : 101 -SINGLE FAMILY HOUSES, DETACHED VALUATION : $ 452,000.00 NOTE: SEPARATE PERMITS REQUIRED: PLUMBING, MECHANICAL, FIREPLACE,WATER CONNECTION, SEWER CONNECTION, ELECTRICAL (STATE) NOTE: PLEASE SEE AND INITIAL NEW BUILDER ACKNOWLEDGEMENT FORM APPLICANT CHARLES CUDD LLC 15050 23RD AVENUE N PLYMOUTH, MN 55447- {) Minnesota State License #: BUIL-BC635245 Casco Ventures LLC 16192 HIGHWAY 7 MINNETONKA, MN" 55345 - AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due as),� am, 4/6// 6 Ap licant Permitee Signature Date PERMIT FEE SCHEDULE 3,327.52 STATE SURCHARGE (VALUATION) 226.00 TOTAL 3,553.52 Payment(s) CHECK 036344 3,553.52 WX • L?L`sia 1 Builder Acknowledgement Form 2750 Casco Point Road / #2016-00069 Builder Permit Conditions initials Prior to the start of framing, a foundation as -built survey must be submitted and approved by the City or a stop work order will be issued. Schedule a minimum of one hour for the framing inspection. Erosion control mechanisms must be installed and inspected by the City proper to any land disturbing activities. The contractor must provide a minimum of a 24 hour notice prior to inspection. Erosion control shall be installed and maintained throughout the entire project and must remain until vegetation has been established. Prior to the issuance of a Certificate of Occupancy an as -built survey and hardcover calculations, if applicable must be submitted and approved. In the event of winter or other unfavorable weather conditions (which prevent the completion of the exterior improvements and/or as -built survey) a Temporary Certificate of Occupancy (TCO) may be necessary. A TCO requires a $10,000 escrow. Advisory Comments Any changes to the exterior/landscaping improvements, i.e. patios, grading, sidewalks, retaining walls, etc. not currently shown on•the approved survey and landscaping plan will require a separate Zoning Permit application to be submitted and approved prior to the work commencing. Any retaining walls that are over 4 -feet in height or tiered walls not separated by twice of the height of the lower wall require engineered plans Q� and a building permit to be submitted and approved prior to construction. //Q W:\5treet Files\Casco Pt Rd\2750\13uilder Acknowledgement Form 2016-00069.docx 4 PLAN REVIEW CHECKLIST FOR NEW STRUCTURES / ADDITIONS /� Address: L-7,150 C la�a Permit No.: Mb - �t+Y4 i Description of work: NOLI SiAO(Ll� i1ik �I" OUZ., Date Rec'd: I ° 1q -1(y Septic review by: �,w. Zoning review by: Building review by: A - Grading review by: Et; vvrex Zoning District: ~Lc Zoning: Lot Area: Z((q/ AC Survey Submitted: plan submitted? 0 Yes Proposed Setbacks: Zoning File #: IC'A in 4F /Ne7 -I(ee-U Date Approved: Date Approved: Date Approved: lz-Lql Date Approved: 42-.3- Reso #: Reso Date: Width: Lot Coverage: 159'24 SF 1004 % )(No Landscaper: WKa�.s14Wl1M Su nlw 1\ what i%ff Fro ear (S et ( N S E W � ( N S ' E W is Other B etland The distance between the lowest proposed I F, i 1 �.�,�1 iI � \ .', . a r ,. � MY i a ,.• 1 i Defined Height: Peak Height: FFE: ": _ FFE minus 6 feet = (Existing Contour) Perimeter (linear feet) = 50% _ `�� L. F. gtcade Basement? 0 Yes ENO, Stories FOR A BUILDING WITH A BASEMENT OR CRAWL SPACE: FOR A BUILDING ON A SLAB FOUNDATION: START WITH The distance between the lowest proposed I START WITH floor (of the basement or crawl space) and SUBTRACTION the highest point of the roof. (BASED ON If you have a... SUBTRACTION GABLE OR HIPPED ROOF (no (BASED ON windows): Subtract half the distance ROOF TYPE) between the highest point of the roof to the low point of the corresponding gable or hipped roof • GABLE OR HIPPED ROOF (with windows): Subtract half the distance between the top of the highest window and the highest point of the roof • ALL OTHER ROOF TYPES (flat, mansard, etc): No subtraction. SUBTRACTION Subtract the distance between the (BASED ON basement/crawl space floor and the EXISTING highest existing grade adjacent to the !° n GRADES) foundation OR 10 feet (whichever is less). EQUALS Defined building height FOR A BUILDING ON A SLAB FOUNDATION: Updated: October 2015 eLo+ 1 eL/lj do z:\forms\plan review checklist 10-2015.docx START WITH Slab at or above grade — measure from h1ghest existing grade to the highest point of the roof even if fill was brought In to elevate home. Slab below grade — measure from highest existing grade to the highest point of the roof. If you have a... SUBTRACTION ' GABLE OR HIPPED ROOF (BASED ON (no windows): Subtract half ROOF TYPE) the distance between the highest point of the roof to the low point of the corresponding gable or hipped roof • GABLE OR HIPPED ROOF (with windows): Subtract half the distance between the top of the highest window and the highest point of the roof • ALL OTHER ROOF TYPES (flat, mansard, etc): No subtraction. Defined building height EQUALS Updated: October 2015 eLo+ 1 eL/lj do z:\forms\plan review checklist 10-2015.docx Q f v ei I N�1f Y i P rrr )►lige Lakeshore etba k' Met.7 'Permit Number: a Ye* 0 No WA �+ �# 1 IJ 1 'r .. W2 Variance Required CUP Required 0 yes No 0 Yes T) - CXL- Gt "+Om Fees to be Cha ed YES No Permit LZ Parr Review State Surcharge I ��- Investigation Fee SAC - Number of SACC units Other (specify) stbn l asi rcic4i o n" 1 1 Qrono;nspoiWa6s Required — WA aFtegWring Separate Permits -- - ; s-- — ,-. I F erd.Yng 0$fte F�luiitting Q rading J FORg Puuuned 'wall � tmroi 3`Mcchani(--19 D Fere 1 i s Foundation Survey O 1;40mer-:RerftvW 13 Sepflc IVa r r4 i�ri� F c� ati 11 Mar FIre&4mSeVVeF 0_ �--�- or, Framing ICS masonry 0 LaWn Ir6gaflen Instilall-an 0 LamdscapiN y As•8uilt Survey a wither (speclly) Final - 9 cl "I.- 0 .-0 CI Well REMARKS On4xmmi !MAL REMARKS,r T.QjIE;iNOTJEID Otj,PERi AND INITIALLED; r. $60 Builder &*howloft ement Pwm Up W(J Q ber,2W ?, hfnrrn5lyd a 7' vsj ,w r1i4vVcBe1;471 �ri1r�;Hnrv,, . Rei4alred Stab Permits Ivfec#rlcal -- -- , t I IL !acm kl, a. cw I U V/ cc Nei cyh V ro- N AD C) LU UJ > > 0 CL ccR CL (L IL V 1 13 0 U Nei 0 96).41, / 6 / S a i� 0 / 0, LLJ \\\ 00 9Z.ZZ rr,,TT a� �� O J0 _� d 3 ,00,09-10 N _ • X A V J chi O 3 IJY o� o QO00 F \ oti co 0'00 m S ................ Ix 0,M) -- - - - - - > 3WMS 3wms cQ 00 1 d - LO LnJ I x 0 WAN w0 LO 0 U') L9 Jq C14U-) a s4.00 0, Vol Lnb —d.OIL O'GL J Vt Lvn) 'g, ....... / 41 0 E ........ 020 9 < - ZAZ lVoa 3- If d;o Nioh d o 0 Council Exhibit B -----Original Message ----- From: bcpalmer1 <bcpalmer1(aD_aol.com> Sent: Mon, Dec 5, 2016 10:40 pm Subject: Pia and Jeff Schutt/Arbor at 2750 Casco Point Road, Wayzata, Mn. 55391 MEMORANDUM To: Orono City Council, City of Orono, Crystal Bay, Mn. 55323 From: Barbara J. Palmer, 2710 Casco Point Road, Wayzata, Mn. 55391 Re: Pia and Jeff Schutt/Arbor at 2750 Casco Point Road, Wayzata, Mn. 55391 My home is located adjacent to the East of the Schutt residence on Casco Point Road; the arbor in question is located between our homes. The arbor is supported by pillars and extends over a concrete pad; a sliding door opens onto this space which accommodates a grill and seating around a table. It is a relatively quiet and private area since I have only two small high windows in a bedroom which faces West. I understand your City Code does not address an arbor structure. However, this structure appears architecturally related to the residence. I would argue its being defined as a "fence" since it serves as an egress extension. It does not define a perimeter of the property nor serve as containment for an animal or small child. Rather, it simply a lovely and integral part of this beautiful home. It adds a definition to the outdoor environment and exhibits purposeful planning for its intended use. My family and guests have commented on how well it was planned and integrated into the home's foot print. I would urge you to allow this element to remain. Thank you for your consideration in this matter. Sincerely, Barbara J. Palmer Council Exhibit C Date Appeal Received: 11/07/16 Date Application Considered as Complete: 11/07/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner i'Y1GG Date: 16 November 2016 Subject: Appeal Administrative Decision Jeff & Pia Schutt, 2750 Casco Point Road List of Exhibits Exhibit A. Appeal Application Exhibit B. Description Exhibit C. As -Built Survey Exhibit D. Letter: As -Built Review 10/25/16 Exhibit E. City Code Sections Exhibit F. Photos Background The applicants recently constructed a new residence at the property addressed 2750 Casco Point Road. The property is within the LR -1C zoning district requiring 10 foot side setbacks for principal structures. During the process of finaling out the permits, an as -built survey was submitted by the builder and reviewed by staff. Upon review it was evident that a pergola/arbor structure was constructed over a retaining wall very near the property line. A permit was not issued for this pergola/ arbor structure, nor was it shown on the original site plan. Applicable regulation Section 78-96 Board established Subsection (a) is hereby amended to read as follows: (a) A zoning board of appeals and adjustments is established. The planning commission is constituted as the board of appeals and adjustments. The board shall have the following powers: (1) To hear and decide appeals from any affected person where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter. (2) To hear requests for variances in accordance with this chapter. (3) To exercise other functions as provided in this chapter. The appeal process provides an opportunity for an applicant to present facts and prove that the city official erred in applying the ordinance to the issue in question. #16-3884 21 November 2016 Page 2 of 2 Discussion The applicants have constructed a narrow pergola or arbor over the 11 foot long retaining wall less than 2 feet from the side lot line, and detached from the home. Because pergolas are not specifically defined in the Code staff reviewed the structure against the Accessory Structure and Nonencroachment standards. Accessory structures less than 750 square feet are addressed in the Nonencroachment provisions under Sections 78-1405(a) 5 and 6 which state that no less than a 5 foot rear, and a 10 foot side setback shall be required for accessory structures. Alternatively, in an effort to find an appropriate regulation, because the pergola is linear, and similar in design to a fence, staff reviewed the fence standards within the Nonencroachment section. The pergola in the current location would need to be reduced to no greater than 6 feet in height (the maximum height of a fence) to meet the fence standards and remain in the current location. The applicants contend that Section 78-1405(a)1 is applicable. Staff notes that this section relates to building elements which are attached to the building, and are required to be at least 8 feet from the lot line (for this zoning district). The pergola is 2 feet from the property line. The Planning Commission must find that the arbor is consistent with those listed nonencroachments, and the provision that the 2 foot maximum extension does not apply. Action requested The Planning Commission should review the application and make a decision regarding the appeal. Exhibit A City of Orono Variance Application StreetAddress: Application # 02750 TO 2750 Kelley Parkway 1 �/ Orono, MN 55356 Date Received: Staff Main: 952-249-4600 fax: 952-249-4616 Fee: Mailing Address: Escrow # & $ P.O. Box 66 G~ Crystal Bay, MN 55323-0066 Permit Fee Notes Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: 21 5-0 C"Co PC 4 A DESCRPTION OF REQUEST: Su- aJ(kKA (attached additional sheets as necessary) APPLICANT / AGENT INFORMATION: Applicant Name: 1Q {'i pM p a SLk J Phone (Primary): `I L - 2.7 p Applicant Email:AS�ih� % (a1 UJ0 z Dcur&tneVS . COW-1 Address: �7ai� casco �o�b+ fro City: Ov-nVIC ZIPS 391 Applicant is: Contractor tRomeowner) (Circle One) PROPERTY OWNER INFORMATION: IIcheck here if property owner is same as applicant Name: Phone (Primary): Mailing Address: City: ZIP: Email: APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: Applicant/Agent Signature: Date: Property Owner Signature: Date: Property Owner Signature: L V_ Date: Variance Application — May 2016 Page 2 'k / Z 1 1 f "IZ 1 lb Exhibit B November 7, 2016 RE: Request for Appeal of Administrative Decision 2750 Casco Point Road This request relates to an arbor/pergola structure that Jeff and Pia Schutt had installed on the edge of a patio on the north side of our newly built home. The City of Orono has not granted a certificate of occupancy for our home due to the decision of the staff to have this arbor structure fall under the fence standards in the code. The staff decision was explained as follows: "Based on our interpretation, the arbor/pergola doesn't meet the conditions in section (a)(1) which applies to features of a building extending no more than 2 feet into the setback. While the pergola isn't exactly a fence either, applying the fence standard makes the most sense because it is more similar to a fence than an accessory building, for example a shed. The setback requirement for an accessory structure is 10 feet from the property line; a fence can be on the property line but has a height limit (6 feet)." The structure we have along our patio is not meant to be a fence of any kind. It clearly does not serve the purpose that a fence does. It does not block any view nor does it keep anyone from coming or going in our yard. Our structure is meant for visual appeal only and enhances the side yard of our lot and our neighbor's both. It does not appear to us that the City of Orono Nonencroachment code addresses a structure of an ornamental nature like ours. While we are not experts on Orono City code by any means, not our builder, our landscaper or we as the homeowner were aware of any potential code violations for erecting an ornamental structure in the manner and location we did on top of the knee wall that was a part of the approved landscape plan. We also had no comments about it during any of the numerous inspections that took place until the final one. While the height of the current arbor is over 6 ft., because the arbor is not a fence and does not act in any way like a fence, we ask that there be some leniency in the height requirement of -our structure as we don't appear to have exceeded the requirement materially. We have included pictures that show the arbor and how it enhances the landscape plan and the home. We request that the decision made to have this arbor removed or to lower the height to under 6 ft. be reversed. Thank you, k ,,� P;� S:4� Jeff and Pia Schutt I Exhibit C - 2 I 155.89 HI C Ts ` .......... S 59011' 25" E 156.87MEAs.(963�• (963.9) (962.2) X962 6 ;R� rs �gs28�ya5 6 �rp4/ (958.8) �960'60� ---- J Ge dol 2 Il 1 G rn : 958.7) ,n v) -958-- -- vii �Y rbor: -1 .5 feet om property line l (9S7'') `95 C6 (p Q 1 P vV � M 1 4 gy'Yl `O5 � Q sToapQ�(+� 10.0 �5��(�y 3. � a, ----- -------� X931 1.3 S ry Grc �`� \w t,( 4,r Ls J m 0 (�g58.7 48.3 1g 51 1� L wm ALL(959.1), �A�G l 18" CANT; 7 (958.4) ! l9 49�c� ki 51 r 1 y191 + 9 �0 (58.6) (958.4) J r / ! o l I I 9.O 156.53MEAS. 15HEQITS ------------------ N 58035' 00" W I I � � I I — — — — — — — ._.,_.--_-------r-----------_—---- I DIP17 �� 24 October 2016 Bruce Sether Charles Cudd LLC 15050 23rd Ave N Plymouth, MN 55447 RE: 2750 Casco Point Road Building Permit #2016-00069 Exhibit D CITY OF ORON Street Address: Mailing Address: Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.d.orono.mn.us An as -built survey was submitted and a site visit was conducted on October 21, 2016. During the site visit our inspector observed an ±18" tall seating wall with an arbor constructed above approximately 2 feet off the property line abutting the patio on the north side of the house. This arbor and wall combination appears to exceed 6 feet in height and is the location where the City approved a French drain to be located. As part of the building permit, only the patio was approved as constructed (within two feet of the property line in accordance with City Code Section 78-1405(3)). The arbor is not an allowed encroachment and must be removed. A copy of Code Section 78-1405 is enclosed. Please remove the arbor and call for a re -inspection. After the arbor has been removed, and the inspector confirms the removal, the as -built survey should be updated to reflect the removal and also verify the location of the French drain, if installed. At that point, a final certificate of occupancy can be issued and the $10,000 escrow can be refunded. Please contact me if you have any questions; I can be reached at 952.249.4962 or by email at mcurtis@ci.orono.mn.us. Sincerely, CITY OF ORON Melanie Curtis Planner Jeff & Pia Schutt Bruce Sether, via email Dan Nunn- Charles Cudd, via email Todd Homers, via email enclosure City Code Section 78-1405 Exhibit E Sec. 78-349. - Accessory uses. Within any LR -1C one -family lakeshore residential district, the only permitted accessory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. (5) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space. (6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3. (7) Fencing subject to the provisions of section 78-1405(7). (8) Signs, as regulated in this chapter. (9) Flagpoles, subject to accessory structure location and height requirements of this chapter. (10) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (11) Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter. (12) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of [section] 26-76, when applicable. (13) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right- of-way, public boulevard, or required front yard except a designated, improved driveway. (16) Laundry drying equipment. (17) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. (Code 1984, §§ 10.20(4), 10.25(5); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, § 3, 9-23-2002; Ord. No. 82 3rd series, § 16, 12-13-2010; Ord. No. 93 3rd series, § 3, 6- 25-2012; Ord. No. 96 3rd series, § 3(3.01, 3.02), 11-13-2012; Ord. No. 106 3rd series, § 7, 6-10- 2013) Sec. 78-1405. - Nonencroachments. Page 1 (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one -family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Window wells including those for fire egress which do not extend more than five feet from the building. Sidewalks, driveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways may extend to within five feet of a side lot line. (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and a depth of four feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (5.1) Retaining walls, subject to the following provisions: a. Retaining walls may be located in all required yards when all of the following conditions are met: The structure is located at least ten feet from the edge of the traveled roadway; The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; The structure creates no impacts to drainage direction, rate or volume for adjacent properties. b. Retaining walls which do not exceed two feet in height above existing ground level, which are located within the property and at least five feet from any property line, and for which the amount of imported fill associated with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit. C. Retaining walls exceeding two feet in height above existing ground level or for which the amount of imported fill associated with the structure exceeds 20 cubic yards or which are located less than five feet from a property line, shall require a land alteration permit and upon recommendation of the building inspector may require city council review or a conditional use permit per the provisions of section 78-967. d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard. (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (7) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section, the following definitions shall apply: Page 2 Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed maximum fence height at that location. Drawing: Fence Height Measurement on Sloped Site a. Nonlakeshore lots. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level . Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. Page 3 Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legal nonconforming as to location, height, design or other characteristics may be replaced in kind. (9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; Page 4 d. All signage proposed for the monuments must comply with section 78-1467; e. The monuments are limited to eight feet in height including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning director. When a gate is proposed, the following requirements must be met: 1. The gate must open into the property not outward towards the right-of-way, and 2. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and 3. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and 4. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met (if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and 5. Gates must maintain an opacity level of no greater than 25 percent, and 6. For locked and/or secured gates a knox box, meeting the standards set forth by the police and fire department, must be provided for emergency access, and 7. On major thoroughfares the monuments and gates must be located 40 feet from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. A building permit is required for installation. A survey must be submitted depicting where the monuments will be placed, and the property corner pins must be located for inspection purposes. (b) The following shall not be considered to be encroachments on structure height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. DIVISION 3. - ACCESSORY BUILDINGS AND STRUCTURESu Sec. 78-1433. - Height restrictions. No accessory building or structure in an R district shall exceed the height of the principal building, nor shall an accessory building or structure exceed 30 feet in height. (Code 1984, § 10.03(9)(B); Ord. No. 106 3rd series, § 23, 6-10-2013) Sec. 78-1435. - Location. Page 5 Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots. (Code 1984, § 10.03(9)(D); Ord. No. 52 3rd series, § 2, 11-24-2008; Ord. No. 106 3rd series, § 25, 6-10-2013) Sec. 78-1436. - Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. (Code 1984, § 10.03(9)(E)) Sec. 78-1438. - Crowding principal building. No accessory building, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory building. (Code 1984, § 10.03(12); Ord. No. 165 3rd series, § 1, 3-14-2016) Sec. 78-1439. - Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. (Code 1984, § 10.03(13)) Sec. 78-1440. - Exterior materials. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger, an accessory building and the principal building shall be consistent in design and color. Detached garages located within the rear yard on lots that have frontage on a lake shall have windows or other ornamental features on the wall facing a street or private road. Page 6 YA P. IC r�- bi Vm P bo I row tv .til*,�y�7�!t I - wt. X4 JC PW Ire 4X -4 .A* A w PF e* 4 ; Ar aledp- Nei Ap X -471k C) CIQ C114 C:) r� am m i�"•�jP R _tr r Council Exhibit D OW11141MOlm"11140 ORONO PLANNING COMMISSION MEETING Monday, November 21, 2016 6:30 o'clock p.m. 7. #16-3884 JEFF AND PIA SCHUTT, 2750 CASCO POINT ROAD, APPEAL, 7:35 P.M. — 8:07 P.M. Michael Schutt, son of Jeff and Pia Schutt, was present. Curtis stated the applicants have constructed a narrow pergola or arbor over an 11 -foot long retaining wall. The retaining wall is located less than two feet from the side lot line and is detached from the home adjacent to a patio. Because pergolas are not specifically outlined in the Code, Staff reviewed the pergola against the accessory structure and non -encroachment standards. Accessory structures less than 750 square feet are addressed in the non -encroachment provisions and are permitted no less than five feet from a rear lot line and ten feet from a side lot line. In an effort to find an appropriate regulation, Staff alternatively looked at the fencing regulations as the pergola is lineal similar to a fence. In the encroachment section regarding fencing, the pergola in the current location would need to be reduced to no greater than six feet in height to meet the fence maximum. In order to close out their permit and receive a certificate of occupancy for the new home on the property, the pergola issue must be satisfactorily resolved. The applicants have opted to appeal the decision of Staff on this matter. The appeal process provides an opportunity for an applicant to present facts and prove that the City official erred in applying the Code. The applicants contend that Section Al under the non -encroachment section is applicable. Staff would note that that section relates to building elements which are attached to the building and are permitted to encroach up to two feet into a required side yard setback, still requiring on this property that the structure needs to be at least eight feet from the lot line. The pergola is approximately two feet from the property line. The Planning Commission should review the application and make a decision regarding the appeal. Thiesse asked if there is any City ordinance that would construe that the structure is in the right spot. Curtis indicated Staff was not able to find any. Landgraver asked if a landscape plan was submitted. Curtis stated this is new construction and there was a landscape plan submitted. Curtis noted there was a French drain shown on the landscape plan in the approximate location of the pergola. The builder assured Staff that the French drain is there but that is one of the features Staff has requested be shown on the revised as -built survey. Landgraver noted the Planning Commission did review a landscape plan and to his recollection the pergola was not included. Michael Schutt stated he is here tonight to answer questions on behalf of his parents since they are out of the country at the present time. Schutt stated given the fact that there is no structural integrity to the feature, the question is whether it should be defined as a pergola, an arbor, or a fence. Curtis displayed a picture of the structure. Schutt noted the retaining wall was needed for the drainage from the neighboring property and that the structure is an enhancement. Schutt indicated the adjacent neighbor is very much in favor of it and believes it adds to the aesthetics of her property as well. Schutt stated they would like to get some clarity on it. Thiesse asked if any public comments were received. Curtis indicated Staff did not receive any comments but that this was not noticed for a public hearing since it is an appeal and the neighbors were not specifically notified. Lemke asked if the retaining wall was included in the original plan. Curtis stated there was a patio and the French drain included in the plan but to her recollection the retaining wall was not included. It is Staff's belief that it is not a retaining wall but rather a sitting wall. Thiesse noted there is also a boulder wall that is adjacent to it but that this is more of a sitting wall. Curtis stated they are different. Thiesse asked if this would have required a variance if the Planning Commission had seen this originally. Curtis stated the wall at its current would likely have been allowed but it is the height of the structure that is at issue. Schoenzeit stated in some ways this is semantics, and that if it were a trellis with some type of plant growing on it, it would not be an issue. Schoenzeit stated the City would also want to make sure it does not expand. Schoenzeit stated the fact that there is not a lean-to on the house currently helps the situation. Lemke asked if a trellis would be allowed in this location. Landgraver noted the issue is the height of the structure. Schoenzeit asked if it being classified as a fence because of its length. Curtis stated Staff is not necessarily calling it a fence but were merely attempting to find a regulation that would apply to it. Leskinen noted it would not be allowed as a fence given its height. Barnhart stated the Planning Commission should look at the code and determine whether Staff misapplied the code to this situation. Barnhart stated while it might be a nice addition to the area, Staff could not find any code to allow it. Barnhart noted a stone wall is permissible up to 42 inches high depending on its location, but once the wood structure is added, the height is restricted. Schoenzeit asked as part of the appeal process whether there is any way to test whether the code was misapplied versus whether an after -the -fact variance is more applicable. Barnhart stated the applicants could apply for an after -the -fact variance. Thiesse noted that would be a separate process. Schoenzeit stated the issue is whether the code was applied incorrectly. Thiesse noted he asked if there is any code or regulation in the City that would allow it and the answer was no. Thiesse stated every time a different naive is given to it, something else comes up prohibiting it. Schutt stated one of the issues is that no one has been able to apply a name to it since it is merely there for aesthetics. Schutt stated they are asking for some lenience on the structure given the fact that it is more or less an aesthetic structure. Schutt noted the wall was needed for drainage purposes and that they added the structure on top of it as an enhancement. Thiesse stated no matter what it is called, it is too high and the wall, since it serves as the foundation, is too close to the property line. Curtis stated the accessory structure regulations are pretty all-encompassing and allows a number of different structures but require five feet at the rear and ten feet into the side for the setbacks. Curtis stated from the standpoint of not calling it a fence but applying the fence standards to it, Staff was attempting to find a little leeway. Lemke stated in his view it serves the same purpose as an arbor and that he would call it an arbor. Leskinen noted even as an arbor, it would be considered an accessory use. Leskinen commented it is too high and too close to the property line no matter what it is called. Schutt stated it was included in all the original plans and was there when the property was inspected on different occasions. Schutt stated the difficulty was to depict it adequately on the plans given its height. Schutt indicated it was not until the final inspection that it caused concern. Schoenzeit asked if the circumstances would be different if it was a purchased sculpture and placed there with a forklift. Curtis stated it becomes a question of whether it is furniture, like a lawn chair or umbrella, or something that is seasonal. Curtis noted this was constructed onsite and is permanent. Thiesse stated it comes back to no matter what you call it, it is not allowed. Thiesse stated the role of the Planning Commission tonight is to verify whether the code was applied correctly, and if the applicants are not satisfied with the outcome, they could apply for an after -the -fact variance. Olson asked if the property owners were misguided and they were led to believe it was approved. Curtis stated to her recollection the original plan did not show a wall but depicted a patio in that location. Schutt stated it has been a part of the plan from the beginning and it was not until the final inspection that it became an issue. Curtis stated City inspectors are normally called out to look at a specific feature, such as plumbing or framing. The inspectors are onsite for a limited amount of time and are there to look at a specific thing. Curtis noted this is a small feature, did not cause a drainage problem, and the neighbors have not complained about it. At the time of the final as -built inspection, the inspector walks the site, he takes photographs, and then meets with Staff to ensure that the project complies with the plans. Curtis stated Staff realizes there will be changes to landscape plans because they are somewhat, which is why that was not called out by any of the inspectors. Thiesse noted the role of the Planning Commission is only to discuss whether the code was applied correctly and that it appears the code was applied correctly. Landgraver stated as a service to the community, he would not want to say that all the applicants need to do is apply for an after -the -fact variance since that may not be approved. Landgraver stated he remembers discussing the patio since it was close to the edge of the property but that he does not remember discussing anything vertical in that area. Landgraver stated had there been something like this discussed, he probably would have had a concern about it. Landgraver indicated he tends to agree that Staff has attempted to find a way to say yes but that the height is the issue. Landgraver stated he is inclined to think the criteria used by Staff was correct and that he would tend to deny the appeal. Landgraver stated he also is concerned whether it will get a variance if it is at six feet. Curtis stated at that point Staff would probably apply the fence standards again. Schutt indicated it is 7.5 feet high and lines up exactly with the roofline on the house. Schutt stated bringing it down to six feet would result in it being directly in the line of sight from the house. Schoenzeit asked if this arbor was included in any of the elevations that were submitted to the City. Schutt stated he does not feel comfortable answering that question at this time. Curtis stated Staff could look at that. Curtis indicated she does not remember that being included and that typically landscape elements are not included in the building plans except for perhaps an egress window or a change in grade or where a retaining wall is necessary. Schoenzeit stated if it were included in the approved elevations at 7.5 feet, that would change the discussion. Curtis stated if it was not something that was called out in Staff's plan review or permitted, she is not sure that it would be approved by default. Curtis stated she is relatively confident it was not included in the building plan and that it is more of a landscaping element. Curtis stated the house is also right at the limitation for structural coverage and that this would have been an issue given its height. Schoenzeit moved, Landgraver seconded, Application No. 16-3884, Jeff and Pia Schutt, 2750 Casco Point Road, to recommend denial of the appeal. Olson stated if the applicants were misguided at all in building this structure, they now have to tear it down and incur costs. Olson stated he is not sure if that is the case, but if it is the case, he has an issue with the applicants incurring costs to do that, especially if it was not their fault. Thiesse stated what he is hearing is that Staff did not tell them any one thing but that the applicants understood one thing but it was not on the plans. Thiesse stated if the applicants can come up with any documents that show it was included in the plans that were reviewed, they could bring it back. Right now the Planning Commission is talking about whether the existing code was applied correctly Schoenzeit stated if the applicants want to attempt to keep it, they can apply for an after -the -fact variance. Landgraver asked how much time the applicants would have to appeal the Planning Commission decision. Curtis indicated they would need to appeal the Planning Commission's decision within ten days. Thiesse asked if an after -the -fact variance would be necessary if they can show it was included in the plans. Barnhart stated if it is denied at the City Council level, the applicants will have exhausted their appeals, and another avenue might be an after -the -fact variance request. Thiesse asked if they would have to apply for an after -the -fact variance if the plans show the structure on it. Barnhart stated if Staff told them they could keep it during the review process, the remedy is not that Staff erred in applying the ordinance but rather the fact that they were misguided could be considered a hardship. Barnhart noted as -built surveys are required because things are sometimes fluid and typically it is not an issue. Curtis stated that is one of the reasons why a landscape plan is required. Curtis stated Staff requires the landscape plan to be shown on the survey. When the applicants came in for a building permit, they had a survey and a landscape plan that should have been incorporated into the survey. Curtis stated Staff is not interested in plantings but rather interested in hardscape. Curtis stated what Staff is approving is the survey. Ik IT Schoenzeit stated if the applicants had provided elevations for the structure, this would be a different discussion. Landgraver asked if he would able to find documentation within ten days. Schutt indicated his parents should be back within the next ten days and that it is his belief they have all the appropriate documentation. Schutt stated he appeared tonight to show that they are willing to work with the City. Curtis stated Staff will also take another look at all the materials that were submitted. Schutt stated if there is documentation showing that, they would be willing to submit that. Lemke asked what would happen if it was depicted on the plans. Curtis stated even if it was on the plans and somehow it appears to have been approved by Staff by omission, Staff still does not have the ability to grant a variance. Leskinen noted what is before the Planning Commission right now is whether Staff applied the ordinance correctly based on the information they have before them tonight. VOTE: Ayes 6, Nays 0. Date Application Received: 11/17/16 Date Application Considered as Complete: 11/17/16 60 -Day Review Period Expires: 01/16/17 REQUEST FOR COUNCIL ACTION Date: 5 December 2016 Item No. 21 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"-/- Planning Title: Planner Item Description: #16-3885, Hans & Sharon Bergh, 2800 Shadywood Road, Variances - PUBLIC HEARING Application Summary The owners plan to demolish the existing home and detached garage on the property; construction of a new home and detached garage is planned. The following variances are required in order to redevelop the property: lot width, lot area, lake setback, rear setback, garage size, and floodplain fill setback. The new home and garage must be constructed to conform to the City's floodplain regulations; the lowest floor of structures must be at or above the regulatory flood protection elevation (RFPE) of 932.5'. The Minnehaha Creek Watershed District requires a 933.5' elevation for all openings on the living space portion of structures. The applicant's proposal contemplates cutting and filling within the property in order to elevate the proposed home and garage to meet the low floor requirements of the City's floodplain regulations. Floodplain Filling Setback Variance (78-1125(a)) On lots with 65 -feet of width or greater, the City's floodplain regulations require all structures elevated on fill material to have the fill material continue outward around the elevated portion of the structure for a distance of 15 feet. The subject property is approximately 130 feet wide therefore the 15 -foot fill requirement must be met. The property's orientation between the road and the lake, and the 75 -foot lake setback from the lakeshore on the north and the channel on the east make siting the home difficult without a variance. The 10 -foot LR -113 district side setback can be met, however there is not sufficient room on the side of the home to fully comply with the 15 -foot perimeter fill requirement. The applicant requests a variance to this code provision. Lake Setback Variance (Section 78-1279) & Rear Setback Variance (Section 78-1434(3)) Also Expansion of a nonconforming OAS (Section 78-1434(2)) A portion of the new home will be within the channel 75 foot setback. The owners are rebuilding a legally nonconforming portion of the footprint in order to maximize the width of the new home; no variance is required for this portion of the home. The owners propose to reconstruct the existing nonconforming detached garage in the existing location. The existing detached garage is nonconforming with respect to setbacks as well as size. The property is less than 1.0 acre and is limited to an accessory building with a footprint of 1,000 square feet maximum; the existing building is 24.4' x 44.3' or 1,080 square feet. The garage is proposed to be rebuilt with a slightly smaller 44' x 24' footprint (1,056 square feet). The increase in sidewall height constitutes an expansion of a nonconforming building and a variance is required. Additionally, because they are required to elevate the floor of the garage to meet the City's floodplain regulations and propose to raise the sidewall height slightly to accommodate a taller door for better access, setback variances are required. The garage is located 40.9 feet from the OHWL of the channel where a 75 foot setback is required; and 24.3 feet from the rear (Shadywood) property line where a 30 foot setback is required. #16-3885 6 December 2016 Page 2 of 2 Lot Area and Lot Width Variances (Section 78-330) Lot width and lot area variances are considered a formality but must be approved according to City Code 78- 72. Process The Planning Commission has not reviewed this application. The owners and their contractor have been working with staff since mid -summer. The owners were planning to submit for demolition and building permit for the home and hoped to begin construction shortly after the new year. The garage height change was planned and the owners were aware a variance was necessary for that portion of the project; their intent was to apply for the garage variance to be reviewed by the Planning Commission in January. However, the need for the variance addressing the floodplain filling setback for the house was not discovered until late November. In order to stay within their planned timeline for construction, the owners are requesting that the City Council hold the public hearing for all of the variances. The City Council may waive reference of a variance application to the Planning Commission for the public hearing according to City Code 78-912. A unanimous vote is required in order to waive the Planning Commission's review. The legal notice was published to allow for a public hearing by the City Council at the December 12th meeting. If the Council votes to waive the Planning Commission's review, staff recommends the public hearing be held on the 12th with Council direction to staff regarding a resolution for the variances. The application should then be tabled so the public hearing can be continued and the resolution adopted at the January 91h meeting. This will better assure the neighbors are given an opportunity to comment due to the timing of the application and the holiday season. The subject property is the last house on Shadywood before entering Tonka Bay. Planning Staff Recommendation Planning Staff has provided an analysis of the practical difficulties which is attached as Exhibit C. In Staff's opinion the variances are supported by practical difficulties inherent to the property; staff recommends approval of the variances as proposed. COUNCIL ACTION REQUESTED The Council should open the public hearing and direct staff to draft a resolution reflecting your decision about the variances for adoption at the January 9th meeting. List of Exhibits: Exhibit A. Application Exhibit J. Site Photos Exhibit B. Practical Difficulties Form Exhibit K. Aerial Photos Exhibit C. Proposed Surveys Exhibit L. City Code Excerpts Exhibit D. Existing Survey Exhibit M. Public Hearing Notice Exhibit E. House Plans Exhibit N. Property Owner List & Map Exhibit F. Garage Plans Exhibit G. Practical Difficulty Analysis —Staff Exhibit H. Lot Analysis Worksheet Exhibit 1. Hardcover Calculations Council Exhibit A City of Orono Variance Application Street Address: Application # 2750 Kelley Parkway Orono, MN 55356 Date Received; Staff Main: 952-249-4600 fax 952-249-4616 Fee: Mailing Address: Escrow # & $ P.O. Box 66 Crystal Bay, MN 55323 -OM Permit t=ee Notes: Please oompiete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: DESCRPTION OF REQUEST: APPLICANT / AGI Applicant Name: Phone (Primary): Applicant Email: Address: Applicant is: Cor sheets as necessary) PROPERTY OWNER INFORMATION: Name: Phone (Primary): Mailing Address: Ci ZIP: Email: bCf5heck here if property owner is same as applicant APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until It is complete or to recommend the request for denial of the request regardless of Its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representativ attend in place of the applicanVowner and advise the City Planner assigned to your project. } Applicant/Agent Signature: Date: 1 ApplicantlAgent Signature: LL_AL�'Date: 11,11&4v, a, Property Owner Signature: Property Owner Signature: Variance Application — May 2046 ti Date: Page z NOV 17 2016 «TMor-°Ro"° # 3885 o� City of Orono A Variance Pre -Application s ' G Meeting Form Ps a 04`` (This form is to be completed by a City Planner during your pre -application meeting.) for Office Use Only. City Planner Meeting Date/Tirne` PCDate: Met with: What is the purpose of a pre -application meeting? Pre -application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: p2d Property Identification Number (PIN): 4/ / f -- 023 —.13 -0C Zoning District: Size of Property: Ste' DESCRIPTION OF VARIANCE REQUEST: ❑ Average Setback S(Side Yard Setback XRear Yard Setback ❑ Lake/Front Yard Setback ❑ Hardcover Tier 1 ❑ Hardcover Tier 2 ❑ Hardcover Tier 3 ❑ Hardcover Tier 4 ❑ Lot Coverage ❑ Lot Area ❑ Lot Width ❑ Other: Applicant's 1) PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials: Difficulties Documentation Form, understands it as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials: A formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in initial Owner's application fee, as well as provide an escrow in the amount of $ to Initials: guarantee payment of the above. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre -application meeting during which this form will be comp ted by City staff. (� Applicant Signature: Olti Date: Owner Signature: CJ 411'. N RE80VCLJ Variance Application — May 2016 NOV,Page 3 O17 2016 CITY OF ORONO 3885 City of Orono Variance Application and Request for exception to consider at public hearing 2800 Shadywood Roars Why requesting exception to consider at public hearing: We have been working with the City of Orono since July, 2016 to ensure compliance with City regulations in the teardown and construction of a new home at 2800 Shadywood Rd. This property is unique in that there are setback requirements for Lake Minnetonka on the north as well as the Barrows Channel on the east. It was our goal to move the new home farther away from the channel than the existing home (not built by the applicants). By doing this we were able to reduce the structure footprint and volume within the 75 ft setback from the channel, as well as the hardcover within this area. The building plan was developed with these changes and the home was moved nearer the west lot line following the 10 foot setback regulation. Through working with the Minnehaha Watershed District, it was determined that a portion of the new home was in the 931.5 flood plain. The Minnehaha Watershed District has approved our request for the construction of the home with floodplain alteration -15 cubic yards of fill volume will be added under the home and a compensating incremental floodplain cut will be made near the channel. See survey showing updated floodplain contour (931.5) and proposed cut/fill map. At a meeting with the City of Orono on November 15 it was discovered that an extension of the 931.5 elevation is required for 15 feet from the house. Given the 10 foot setback on the west side of the house, 15 ft extends into the neighbor's lot. We are asking for a variance from the 931.5 elevation for a very small portion of the northwest corner of our building pad. This will enable us to maintain proper drainage from our home without impacting our neighbor's property. The Orono City staff asked us to approach the Council with this variance request in this manner. It was also suggested that the other variance that we are requesting for replacing the existing garage be included at the same time to keep the building packet intact. There is an existing detached garage on the property that we are requesting to tear down and rebuild in the existing footprint. We are requesting two setback variances. The first is a rear setback variance. Currently the existing structure is 25 ft from the rear property line where 30 ft is required. The second variance is for the setback from the channel. The existing structure is 40.9 ft from the channel where 75 ft is required. We are asking to rebuild on the same footprint but increase floor elevation (from 932.0 to 932.5) per City of Orono guidelines and increase the height of the garage to accommodate an 8 foot garage door. Please see garage overlay and side view drawing. The garage will still sit well below the road, tucked in the corner with fence and vegetation screening from the channel and road, and not visible from the neighbor's home. RECEIVED NOV ,X20,6 # 3885 Council Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM Minnesota State Statutes Section 452.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." Home: The existing home currently encroaches on the side setback. The new home will have less encroachment in the setback, less hard cover in the setback area, as well as less hard cover in the overall lot. The property owner will maintain the tree cover on the east (channel) side and build a home consistent with the area. Garage: The existing garage is currently within the side and rear setback. The applicant will build on the same foot print, increasing the floor elevation to meet Orono requirements (932 to 932.5 feet) and increase the height of the garage to accommodate an 8 foot door. This will increase the structure height within the non -conforming 30 ft rear setback and the 75 ft channel setback, however, the garage will still sit well below the road, tucked in the corner with fence and vegetation screening from the channel and road, and not visible from the neighbor's home. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." This property is unique in that there are setback requirements for Lake Minnetonka on the north as well as the Narrows Channel on the east. It was our goal to move the new home farther away from the channel than the existing home (not built by the applicants). By doing this we were able to reduce the structure footprint and volume within the 75 ft setback from the channel, as well as the hardcover within this area. The building plan was developed with these changes and the home was moved nearer the west lot line following the 10 foot setback regulation. Subsequently it was discovered that an extension of the 931.5 elevation is required for 15 feet from the house. Given the 10 foot setback on the west side of the house, 15 ft extends into the neighbor's lot. We are asking for a variance from the RECEIVED Nov 17 2016 931.5 elevation for a very small portion of the northwest corner of our building pad. This will enable us to maintain proper drainage from our home without impacting our neighbor's property. The detached garage is an existing structure on the property not constructed by the applicants. The footprint of the existing garage will be used for the new garage, however, in order to comply with City requirements the floor elevation will need to be raised by .5 ft. This requirement, as well as an increase in the height of the garage to accommodate a 8 foot door will increase the structure height within the non -conforming 30 ft rear setback and the 75 ft channel setback. (See garage top and side view drawing and overlay.) The garage will still sit well below the road, tucked in the corner with fence and vegetation screening from the channel, road, and not visible from the neighbor's home. 3. "The variance, if granted, will not alter the essential character of the locality." The essential character of the property will not be altered by either the garage height or the site elevation variance. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties 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 Minnesota Statutes, Section 1161.06, Subd. 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Variance Application — May 2016 7. 'The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two- family dwelling." 8. `The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. `The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting of the variances will lessen the intrusion into the east side set back and hard cover total. The variance on the northwest corner will allow for proper drainage and have no impact on the neighbor's property. Granting the garage variance will not impact any neighbor or change any setbacks. The small RECEIVED NOV 17 206 .�. �,111111111 M10 increase in roof height will allow the applicants husband to spend endless hours in the detached garage in an effort to maintain marital bliss. 11. `The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." No comments or information have been provided that show a negative impact on the zoning, neighbors, neighborhood or city of Orono. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variances will solve and improve a unique situation that this lot presents. The applicant has worked with city staff to construct a home with this in mind. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the Practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary); RECEIVED NAY 17D018 UMFORIM # 3 8 8 5 0s/3 LEGAL DESCRIPTION: Tract C, Registered Land Survey No. 1196. Together with a non-exclusive easement for driveway purposes as shown in Deed Document No. 998572 and an easement for driveway purposes as created by Deed Document No. 1000236, as amended by Document No. 1441410 (as determined by Court Order Document No. 1461153). LIMITATIONS & NOTES: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description and easement descriptions with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. 4. Showing elevations on the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5. Showing and tabulating hard cover and area of the lot for your review and for the review ofsuch governmental agencies as may have jurisdiction over hard cover requirements. 6. Document No. 1461153, in addition to items shown the survey, restricts fences that may block the view of Lake Minnetonka from adjoining Tract B of said Registered Land Survey No. 1196. 7. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 8. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 9. While we show the building setback lines per the City of Orono web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site STANDARD SYMBOLS & CONVENTIONS: Y Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. GRADING & EROSION CONTROL NOTES: BEFORE DEMOLITION AND GRADING BEGIN Install silt fence/bio roll around the perimeter of the construction area. Sediment control measures must remain in place will final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next rain. A temporary rack construction entrance shall be established at each access point to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site. DURING CONSTRUCTION: When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 Ib/acre followed by covering with spray mulch. A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements. A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with MPCA requirements. Concrete truck washout shall be in the plastic lined ditch shown on this plan for "CW" and dispose of washings as solid waste. Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection. Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be removed. If necessary, vehicles, that have mud on their wheels,. shall be cleaned before exiting the site in the rock entrance areas. Moisture shall be applied to disturbed areas to control dust as needed. Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained. If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site. Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at 100 Ib/acre followed by covering with spray mulch. SITE WORK COMPLETION: When final grading has been completed but before placement of seed or sod an "as built" survey shall be done per City of Orono requirements to insure that grading was properly done. When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas. When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. DATE REVISION DESCRIPTION 11/1/16 ADDED 931.5 CONTOUR LINE 11/2/16 GRADING FOR FLOODPLAIN PRESERVATION 11/11/16 FLOOR ELEVATIONS 11/15/16 ADDITIONAL GRADING T•'r 1 X930.6 � X931.3 4 /ns Blo I 931.]X/ \` X J5' R7n�k "*/oin ( \ 932.3 4� Sutbo -• I x� J \ c x935.1 99 'yFivT _935. X934.p OR/ / X933.7 \ \ \��kpL93a.e Rpo ��\\ x93a.e X934,8 \ SFS !1� x935.4 p \ -C; N g,a1 �`'X933.9 O LEOEYVP EXISTING CONTOUR - - - - 912 EXISTING SPOT ELF04TION x 934 s PROPOSED CONTOUR 992 PROPOSED FLOOD PLAIN CONTOUR -----9v1.5------ _ �W4", PROPOSED ELEF4TION/SPOT ELBV4TI0N 93z 5--' DR"W467E .4BROA' - FLOIP BIO LOGS SF TREE REIlOYxIL �j ,�I7 DRAWING ORIENTATION & SCALE N 0 20' 40' X9.7 \t qRemove Troe- \1 931.°ate 0 rte -531.0. f SF I A MD `l �/� 760•' f � 93\�1 . oJ/ --- 'i \ x93tY • o a �� Bio Cog x93oS� g,) 1 030sJ9 \ W \9}n/ /'' \\• "s3zst,n,� 9^°Ql Remo. Troo- _ + ,6 •eh• � •�`-� s •� �,, •s3\\ , � "q-0-�r,� % ;'-'sr5snxc � 1 'Wlly'.01P,p�, 932.3X � NINOUS amw CLIENT NAME /JOB ADDRESS SHARON & HANS BERGH 2800 SHADYWOOD ROAD ORONO, MN Advance Surveying & Engineering, Co. 5300 South Hwy. No 101 Minnetonka, Minnesota 55345 Phone(952)474-7964 Web: www.advsur.com 932.0.1 7 6�•�R EST. STONE Rmo. Trox931931O O ( Vt� yavo A •••�S � r.?Og , ba a� J 991 { LAME I1JVyVET0yVk4 J,•• III V J L 9 L3� /ELFi of sw9.1 ON B/12/10) \ \ REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERMSION AND THAT I AM A DULY UCENSED PROFESSIONAL CIVIL ENGINEER UNDER THE LAWS OF THE STATE OF SOTA. Jos S. Rinke 52716 LICENSE NO. OCTOBER 28, 2016 DATE ADVANCE SURVEYING SURVEYED BY: & ENGINEERING, INC. DATE SURVEYED: SEPTEMBER 28, 2010 FIELD VERIFIED: OCTOBER 27. 2016 DATE DRAFTED: OCTOBER 28, 2016 SHEET TITLE PROPOSED SURVEY DRAWING NUMBER 160573 JR SHEET NO. S1 SHEET OF C Council Exhib -*0 1 _ �W4", X932.5 �y 93/0 931.9 x92:5 g31o\ LADE ffTV1VET0,1VIG4+9 X93, 3 � j /dL8'K=929.1 ON 8,11-110) X93068 '•-BtaOBMA6IS: 14k- X931.1 / TOP OF CHANNEL WALL � � ELEVAnON�930.3 ��. ; ri X93°•^ \ \ J 55 5300 E \ X930.5 90 44 1 x923 X930.2 �9J 0 X9301 93/(IX/i 1 X930.6 X30.6 �;� i \,,F VSs e - -Remove T, X930. ``_meq X 93GSX SF X9.7 \t qRemove Troe- \1 931.°ate 0 rte -531.0. f SF I A MD `l �/� 760•' f � 93\�1 . oJ/ --- 'i \ x93tY • o a �� Bio Cog x93oS� g,) 1 030sJ9 \ W \9}n/ /'' \\• "s3zst,n,� 9^°Ql Remo. Troo- _ + ,6 •eh• � •�`-� s •� �,, •s3\\ , � "q-0-�r,� % ;'-'sr5snxc � 1 'Wlly'.01P,p�, 932.3X � NINOUS amw CLIENT NAME /JOB ADDRESS SHARON & HANS BERGH 2800 SHADYWOOD ROAD ORONO, MN Advance Surveying & Engineering, Co. 5300 South Hwy. No 101 Minnetonka, Minnesota 55345 Phone(952)474-7964 Web: www.advsur.com 932.0.1 7 6�•�R EST. STONE Rmo. Trox931931O O ( Vt� yavo A •••�S � r.?Og , ba a� J 991 { LAME I1JVyVET0yVk4 J,•• III V J L 9 L3� /ELFi of sw9.1 ON B/12/10) \ \ REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERMSION AND THAT I AM A DULY UCENSED PROFESSIONAL CIVIL ENGINEER UNDER THE LAWS OF THE STATE OF SOTA. Jos S. Rinke 52716 LICENSE NO. OCTOBER 28, 2016 DATE ADVANCE SURVEYING SURVEYED BY: & ENGINEERING, INC. DATE SURVEYED: SEPTEMBER 28, 2010 FIELD VERIFIED: OCTOBER 27. 2016 DATE DRAFTED: OCTOBER 28, 2016 SHEET TITLE PROPOSED SURVEY DRAWING NUMBER 160573 JR SHEET NO. S1 SHEET OF C A x93.6 �xr 5 \ T^, 8'53,p0. E as \ 9x93 . 3.44 s a X92 X930.2 H�Q r X9301 xg3`i \ --Remora Tree 15' Roodp/ain �vF Setbaak-{_, I S I^ ♦ / X931.0 y,F X930.7 \ \ Remove Tree- O X " B%a Log nil x930Jll 9 930.6 / P POSED DWELLINGw I(7 / IRST FLOOR -933.50 ,ARAGE FLOOR -933.0 J�i ''931 � • - / X9337 134.6 l . Ca 2910NE WALL-, 4 Ranave Tree%,v x931. \Y\ X933.9 X93118 Remo. Tr 32.3X � 41WWs Install ----- / Bio Log �i 01. 1101 `�9'ky4z o� 9,>. i o � g ai . _ = �\ V / ��o���e •, S .1 � Ci X'9a� H430 g4\ \ \ �� ; \ ���� � h 932p ' '- �•• I x 16 xA4 6 oP g•'� 9''a 4,1 395 W+,,o 5 r ; 93r. fili�Fi -,Y.317 N X951.2 f, �p ryo 5853'00 E _ y& x93p6 Q.� S .-3.44 +yo - a `6 '0� / % `, q3 Z* I'- 9h ' X93. X92 -9P X9302 \ i 6 X930.6 yh x93p,6 ASF ^�I,+hq \ \s\SS�bF IJ �R \ SF X930.\ `Ai �n{F.F\emow Tree \ 444, J FIs \ 7 X930.9 ' X930.7 \ 9310,0 x- 21' X930.9 x \ yam,: 4.<. � - '- / `\• A•__ x930.6 2. PROPOSED FILL AREA WITHIN FLOOD PLAIN (931.5) x93, ? 930.6 x934.A � LEGEND VOLUIILE CALCULATION EUSTING CONTOUR - - - 931- - - PROPOSED VOLUAfF OF FAd ATTAIN 971.7%r 991.5 FLOOD FLAIN ELEVATION = 498 CUBIC FEET EXISTING SPOT ELEVATION x 937.0 e3z.3O� PROPOSED CONTOUR 991 `1' PROPOSED 931.5 CONTOUR ----931.5---- O PROPOSED FILL AREA ATTAIN 931.5 FLOOD PLAIN ELEVATION 931.5 FLOOD PL 41Ar ELEVATION a n/ �p ryo 5853'00 E _ y& x93p6 Q.� S .-3.44 +yo - a `6 '0� / % `, q3 Z* I'- 9h ' X93. X92 -9P X9302 \ i 6 X930.6 yh x93p,6 ASF ^�I,+hq \ \s\SS�bF IJ �R \ SF X930.\ `Ai �n{F.F\emow Tree \ 444, J FIs \ 7 X930.9 ' X930.7 \ 9310,0 x- 21' X930.9 x \ yam,: 4.<. � - '- / `\• A•__ x930.6 2. i y, VIRST FLOOR-933.� GARAGE FLOOR -933.050 x93, ? 930.6 x934.A � �`ep • �/em0 Tree nsb )(9330 Bio G _ _ 3,. O "\x 971.7%r ' !*%°Remora \ e3z.3O� 15' )`7oodWain Sstboak-;1 931 `1' PROPOSED 931.5 CONTOUR ----991.5---- O zs� 9 Remo. Tree- 931.5 FLOOD PL 41Ar ELEVATION a n/ •\V\. zs\ �i +g32d yg'9d• Remora h % PI �p ryo 5853'00 E _ y& x93p6 Q.� S .-3.44 +yo - a `6 '0� / % `, q3 Z* I'- 9h ' X93. X92 -9P X9302 \ i 6 X930.6 yh x93p,6 ASF ^�I,+hq \ \s\SS�bF IJ �R \ SF X930.\ `Ai �n{F.F\emow Tree \ 444, J FIs \ 7 X930.9 ' X930.7 \ 9310,0 x- 21' X930.9 x \ yam,: 4.<. � - '- / `\• A•__ x930.6 2. i y, VIRST FLOOR-933.� GARAGE FLOOR -933.050 \ -'•.- x934.A � �`ep • �/em0 Tree VOL&IME CALCULATION )(9330 g}� _ _ 3,. O "\x ----------- 931.5 FLOOD PLAIN ELEVATION = 523 CUBIC FEET !*%°Remora x 931.0 Ist x, 931 PROPOSED 931.5 CONTOUR ----991.5---- PROPOSED CUT AREA BELOA 931.5 FLOOD PL 41Ar ELEVATION a n/ •\V\. zs\ �i +g32d yg'9d• Remora 'I 933A' T, 0-x B1 M/NWS 93----� / 3� \ ' / � C 60 `337\��Y/,�h;�{��\ ���''�0q�+4 JY \ � • 2g 4 a � o�`i � 9324 _ SSS' Gl -ge '+" •. � _ L 4AE' /ELEV =929. PROPOSED CUT BELOW FLOOD PLAIN (931.5) LEGEND VOL&IME CALCULATION )(9330 g}� _ _ 3,. O "\x ----------- 931.5 FLOOD PLAIN ELEVATION = 523 CUBIC FEET .snd7STING SPOT ELEVATION L 4AE' /ELEV =929. DATE REVISION DESCRIPTION DRAWING ORIENTATION 8 SCALE CLIENT NAME /JOB ADDRESS I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR ADVANCE SURVEYING SHEET TITLE SHEET N0. Advance REPORT WAS PREPARED BY ME OR UNDER MY DIRECT11/15/16 CUT/ FILL VOLUME Bt LOCATION PROFESSIONAL AND THAT AMA DULY LICENSED SURVEYED BY: &ENGINEERING, INC. SHARON & HANS BERGH PROFESSIONAL CML ENGINEER UNDER THE AWS OF THE FLOOD PLAIN STA�OFSOTA. DATE ELD VERIFIED: OCTOBER 27, 2016 10 Surveying & Engineering, Co. CUT/FILL MAP N 2800 SHADYWOOD ROAD Jos S. Rinke DRAWING NUMBER 5300 South Hwy. No 101 .52716 S1 0 20' 40' ORONO, MN Minnetonka, Minnesota 55345 LICENSE NO. DATE DRAFTED: NOVEMBER 1, 2016 160573 JR Phone (952)474-7964 NOVEMBER 1, 2016 Web: www:advsuncom DATE SHEET 1 OF 1 PROPOSED CUT BELOW FLOOD PLAIN (931.5) LEGEND VOL&IME CALCULATION EXISTING CONTOUR - - -931 - - - PROPOSER VOL&"r OF CUT ATTAIN 931.5 FLOOD PLAIN ELEVATION = 523 CUBIC FEET .snd7STING SPOT ELEVATION x 931.0 PROPOSED CONTOUR 931 PROPOSED 931.5 CONTOUR ----991.5---- PROPOSED CUT AREA BELOA 931.5 FLOOD PL 41Ar ELEVATION DATE REVISION DESCRIPTION DRAWING ORIENTATION 8 SCALE CLIENT NAME /JOB ADDRESS I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR ADVANCE SURVEYING SHEET TITLE SHEET N0. Advance REPORT WAS PREPARED BY ME OR UNDER MY DIRECT11/15/16 CUT/ FILL VOLUME Bt LOCATION PROFESSIONAL AND THAT AMA DULY LICENSED SURVEYED BY: &ENGINEERING, INC. SHARON & HANS BERGH PROFESSIONAL CML ENGINEER UNDER THE AWS OF THE FLOOD PLAIN STA�OFSOTA. DATE ELD VERIFIED: OCTOBER 27, 2016 10 Surveying & Engineering, Co. CUT/FILL MAP N 2800 SHADYWOOD ROAD Jos S. Rinke DRAWING NUMBER 5300 South Hwy. No 101 .52716 S1 0 20' 40' ORONO, MN Minnetonka, Minnesota 55345 LICENSE NO. DATE DRAFTED: NOVEMBER 1, 2016 160573 JR Phone (952)474-7964 NOVEMBER 1, 2016 Web: www:advsuncom DATE SHEET 1 OF 1 ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474-7964 Fax (952) 225-0502 SURVEY FOR: BRIAN PERGAMENT SURVEYED: September, 2005 DRAFTED: September 26, 2005 REVISED: October 12, 2005, to show sewer and water easement. REVISED: August 12, 2010, to show updated hardcover calculations, trees, and topography. REVISED: September 22, 2010, to show additional topography. REVISED: September 28, 2010, to show more of neighbor's house and deck. LEGAL DESCRIPTION: Tract C, Registered Land Survey No. 1196. Together with a non-exclusive easement for driveway purposes as shown in Deed Document No. 998572 and an easement for driveway purposes as created by Deed Document No. 1000236 , as amended by Document No. 1441410 (as determined by Court Order Document No. 1461153). LIMITATIONS & NOTES:. 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description and easement descriptions with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. 4. Showing elevations on the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5. Showing and tabulating hard cover and area of the lot for your review and for the review of such governmental agencies as may have jurisdiction over hard cover requirements. 6. Document No. 1461153, in addition to items shown the survey, restricts fences that may block the view of Lake Minnetonka from adjoining Tract B of said Registered Land Survey No. 1196. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise note4. CERTIFICATION: I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. 4RNN=-A OH Q&n - . Parker P.E. & P.S. No. 9235 GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) / r� \ IN, \ X\ . j A or e � i X930.6 �Xyl X931.2 G % mei X931.3 931.7,y i9311 X930.8 V 930.6 ,4% t JZrA Ary 1�5 X935.1 ` /C'4 s35.a-X934.4 934.19X933.7 OX934.X934.8 `,YM X935.4 \ \ Qc A1 93 2 \ 0 70 \ o. \ n X947.4 4 X947.9 Council Exhibit D X932.5 A7t- x930.9 X931.8 X932.5 4 X930.9 X931.9 X933:5. �yry \ 31.9 + ffTV-1V 'TONK�4 (rLr =929.1 OAr 8/L2/10j -1 o X931.8 X930.6 X931.1 7 LI4 E ff12 NE770N. " SAM' V. =929.1 ON 8/1,2/!0) BENCHMARK* ,--TOP OF CHANNEL WALL ELEVATION -930.3 ,0#29 M 100322V Lr"s rm 'Itsuiaa 9VAOM W-V s°9m.D 9061 ■ s l,�lllI�yl� :�Yy�'1 B,�y4rrt . 63aOpE1611 aGH •O11113H9 Counc il FW y1 Z S i � a LU r, 3 r� i 1 Z Z Jk >0 u w "i ! .i + � J m Y v ad o r GLU me- #* S y.:3 U) I �i 0I LU o W su - Q 3 J o a ^ e 1 r a RECEIVED _ NOV 1729-16 ui CITY OF ORONO3 1 Ex E ONOUVAA zc"m N.Y `1�3.Ra7 qF+OFI .nwnV .11+w� 906E a.. .. point r F- z W W M N 4 ,CZ y� 1FE i x O I* a DECEIVED NOV 17 2016 CITY OF ORONO —*- pAwwB�*- W— ,spec-= nc _sal / +wort Lsp9B MV 'le326,3 qW.- *MwAv wlBAwg B06£ .7 �r a� El► RECEIVED NOV 17 2016 v... .-. k 1.6" wo"`W�� 4mm - fta-scs sw =V:l I vim zgsFss NW 11nvAj3 quo" *■ Av W1S.040 go" DUMM a 121mal J)hvd . M =1 Ilk KIP kc W 10 b 0 1 --if: ---- ------ ..... . . . . . zo NTI III ON 133H pn LCIt LO CL oc 0 —0 _j LUL -Nag& ps 58 �T,tr _j +ter' WIWm glrwr . rr[[iss VOL 9WM / •Yrw Ag"s NW hriLrAaa 9»oN Rn"AY via—J NNE s�rPil r9 l LO :jej rfrrpliri mom ,.., .,.... v v WO"NPAWOW- W� . •f -L[ -us nz M.1 I vuoqw Acpffs PM IJW35AJy WON Wm Av vfmmoo 9066 Dallmly a IJINJI nbld • ac �JILTM =D De I amovapAGRO14M WBUM . spig-M mu lwm I 11VA Azwgg NW llwae/WD "iq � Av WAN—D $214plial MIN LU Ll --Wpxoaws- qFw- - wa-s" Z9VSV MR •nagAia kp"m Go 0. M31mil amid 'jo, 83,42'... 7 + 1 owoo I ------------------------ ----------- --- - -- - ----- iiiaI -------------- rY ------- --- 0 �Li�co) Eb] oil lu -1 ut nL P-1 U- LU 0 3 00 qd 9 L-Cvss 41401-4 —UaAV 0184*00 Q06E p I ................. ........... ...... ---------------- z ::E � � C � p�� ��Y�� o � n z DF o q F-1 HF -1 1 W 0 7 U Q w -il Ex F :X15TING )ADAGE �4-3 X 24-3 EW ,ADAGE 4-0 X 24-0 =W \IMAGE X15TING GARAGE X15TING X32,0 GLADE 3EI:�GH REE DENCE: NEW GARAGE OVERLAY ON EX 5T NG GARAGE Council Exhibit G PRACTICAL DIFFICULTIES ANALYSIS Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one - family dwelling as a two family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variances are in harmony with the general intent and purpose of the Ordinance. The applicant proposes to construct a new residence and detached garage on a residential property which is in line with the intent of the ordinance. 2. The variances are consistent with the comprehensive plan. In addition to the residential guiding of the property, the Comprehensive Plan has directives which are put in place to protect the lake, limit massing and hardcover. The proposed plan for a new residence and detached garage results in neither an increase in structural coverage (over the permitted 15% level) nor hardcover above 25%. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the Owners propose to construct a new home and detached garage on the property in conformance with the FEMA floodplain regulations lowest floor and MCWD's lowest opening requirements. In order to do so they are elevating the new structures on fill material. With the lake setbacks applied, the property is not wide enough to meet the requirement that the fill material extend 15 feet from the perimeter at the lowest floor elevation. In staff's opinion, this criterion is met. The detached garage will be constructed in the same footprint location as an existing detached garage. The proposed 3.5 foot increase in peak height is a combination of the owners' proposed 3 foot side wall height increase and the % foot floor elevation required by code. The new home will meet the I -R-113 district setbacks, height, massing, and the property will comply with the Tier 1 hardcover requirements. b. There are circumstances unique to the property not created by the landowner; Portions of the property have a 1% annual chance of flooding. The applicant is proposing to elevate the structure in a conforming manner and location to meet the flood regulations; the relative narrowness of the property creates a difficulty in meeting the 15 -foot fill extension requirement. The location of the existing nonconforming detached garage encroaches 5.7 feet into the rear yard. Shadywood Road and the bridge over the channel are approximately 17 feet higher than grade of the Property. In staff's opinion, this criterion is met; and Page 1 of 2 The variance will not alter the essential character of the locality. The property across the channel is vacant and owned by Hennepin County. The proposed home and garage will likely not result in a negative impact on the character of the neighborhood. The property is not apparently visible from Shadywood Road, and the existing tree and fenceline along the channel provide screening. In staff's opinion, this criterion is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home and garage must be elevated out of the area of 1% annual chance of flooding. Orono Code requires the elevated fill extend at least 15 feet from the structure's perimeter; due to the effective width of the Property the 15 -foot fill extension is not feasible. The resulting plan is not out of conformance with the general neighborhood and will not result in a negative impact to the adjacent properties. The setbacks proposed for the detached garage will not result in a negative impact to adjacent properties. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant's property is unique in that there are lakeshore setbacks on two sides, and the property sits below Shadywood Road. Additionally, the proposed home and garage are located partially within the area of 1% annual chance of flooding. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff believes this to be true. 7. 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. In staff's opinion, this criterion is met. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Due to the lakeshore setbacks there does not appear to be enough width available on the property to result in a functional width home which conforms to the 15 -foot fill requirement. The nearly in-kind reconstruction of the existing detached garage is located in a logical spot on the property. The site constraints serve as a practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Page 2 of 2 LOT ANALYSIS WORKSHEET Section 78-330 - Lot Area/Width: Council Exhibit H LR -1B Lot Area Lot Width Required 43,560 s.f. (1.0 acre) 140' 127' Actual 36,785 s.f. (0.84 acre) (Measured from side lot line to the channel at 75') Applicable Regulation: Lot of Record (Section 78-72) Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The property cannot conform to standards #1 and #4 therefore, lot area and width variances are also required in order to redevelop the property. These variances are considered a formality but must be formally approved. Section 78-330. 78-1279 - Setbacks: LR -1B Required Proposed Rear 30' 24.3' garage Side 10' 10.1' 90.1' house from lake Lakeshore 75' 56.1' house from channel (in-kind) 40.9' garage Hardcover The adjacent home at 2780 Shadywood Rd is situated as close Average Lakeshore as 80.4' from the lake. The proposed home will meet the average lakeshore setback based on this home. >ection 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 36,785 s.f. (0.84 acre) Allowed: 5,517 s.f. (15%) Proposed: 4,092 s.f. (%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 9,196 s.f. 8,639 s.f. 7,843 s.f. Tier 1 36, 785 s.f. (25 %) (23.5%) (21.3%) Council Exhibit I City c°r 0--one e o Worksheet ,yry s Ca Property Address: 2800 Shadywood Road (our survey 160758) ` Prepared by: Joshua S. Rinke PE No. 52716 Date: 11/2/2016 Stormwater Quality Overlay District Tier: (Circle one) 'g I a 2 e' er a `i'iar A Tianr :. -a aFt :1.; :r=:lv ' ;I-LA-ftnCO"61T. F' In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existine hardcnver ;tati_ir, of the nrnnarhi ia�til �� S�ctey ?arat:eve - "stere: ( e c ::be; ry ien th x WRIdth Total (Square Fee,W� 1 (Example) (Garage) (24'x 30') (720) S.F. A House 1,924 S.F. B Garage 1,081 S.F. C Deck 1,304 S.F. D Landscaping W Lin er ayrnent 1,040 S.F. E Bituminous Driveway 2,852 S.F. F Concrete alk 103 S.F. G Stone Walls Driveway Area 76 S,;.. H Stone Walls(Around Trees 41 S.F, I Stepping Stones 25 S.F. J Concrete East of Garage 310 S.F. K S.F. L S.F. M S.F. S." - O S.F. P S.F. Q �•r R S.F. S S.F. T S.F.i U V S.F. W S•F.1 X 5,1=. Y S.F. 1 Total Existing Hardcover 756 S.F. a_ ::-:c#aCa`.ie :arcicor►or (5-2e Cis + Code Sec'-!Fi34' Ret. Walls 117 S.F. S.F. .F . S.F. S.F.1 2 Total Excludable Hardcover ��117 S.F. 3 Net Existing Hardcover 8.639 S.F. 4 Total Lot Area c 36,785 S.F. _:,,ic ing Ha.-d1mver Percentage [W / ,r4i] 23.49% NOV 17 2016 CITY OF ORONO # 38 85 ,4_ T' ✓A- Nf�',T S U 17EY17 FT 9 I ENGIN �' rt!N o. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional land surveyor under- the laws of the State of Minnesota. Joshua S. Rinke PE No. 52716 PROPOSED HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Surveil (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. JrV Bann �v{escr;ue Length � W1 Idtb "iota! (Square Fae�t` . (Example) (Garage) (24'x 301) (720) S.F. A House 2,841 S.F. S Garage 12056 1,081 S.F. C Concrete Covere Stoop 195 S.F. D Concrete Walk East & West of Garage 331 S.F. E Bituminous Driveway 2,895 S.F. F Stone Was Driveway Area 76 S.F. G Stone Walls(Around Trees 25 S.F. H Patio North or House 522 S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. U S.F. P S.F. Q S.F. R S.F. S S.F. T 5.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z e=. 1 Total Pro used Hardcover 1 7,944 7,969 E cl:.tda,':Ie Hardcovar Seo Cibl Cr,�e E. --c 78-' SG4' Ret. Walls 101 S.F. S.F. S.F. S.F. F. 2 Total Excludable Hardcover101 B)_ Net Proposed Hardcover Subtract line 2 from linell)) 7,843 S.F. 7,868 S.F. 4 Total Lot Area 36,785 S.F Proposed Hardcover Perceniage [IS) / (4)] 21.32%6 21.3916 RG%+GI V CV NOV 17 2016 Gl1Y OF ORONO 3885 ♦ ♦ � is • � 1.� jj y 400 AryVtF fit 46 CINJ Im Ig ,D i F� iP 4� K "i! ♦ �rtF� e Mv- Rl, OL- e_ � FCA a w oii till '�eall 1 A `A'� � - v Ifs . � � � •^°7Y.,�-: �sY� ✓l... . - > . F - •fes ((�� '*��f"'�6�< � vs' ; C i 71.�� _ �� � . ..%� ���� ��rn .. T'%._t ill-'�:. _.�- _,.�.-.:-�.q�. � Y • � ti• '� � ._ - Y}(��e AGG 1 '�'i� .i'p'•Jr�/-'P i S t�'L./+' �7fjr� �`A i.` � �. � Ct `\lst - �' .� _- - f •\ � 4 �Y�T �i / fir- s _ �� ► _ i , ` ei 5555 �•��..7 t•!/ a„ _ '. *A' /r �-, , ,y„ Y .� �Y\\\`,,:�... 1. At may/ -. ,- � ;�� 1`\ � �'•= 1 01, 4 ',f'/, w' ,_\I• y;6Z� �. _,l _ }eR". it GP i\ L �,. ♦,\. :�! l"R \ ..`R� ij• - / IL• .. 5 , ' ,.�' - ��,� ` , �� �' 'fir,; << / ! d'� \" � ' ' ` 3 Sam 4,+f. -` • I• �: � 4, '1-�. ��r� kyr re !• (' .' 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Y a- '��r.. �S d t l } Council Exhibit L Sec. 78-330. - Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR -1 B district shall exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Sec. 78-1111. - Definitions. Unless specifically defined below, words or phrases used in this article must be interpreted according to common usage and so as to give this article its' most reasonable application. Flood fringe means the portion of the special flood hazard area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Lake Minnetonka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water -connected portions, whether naturally occurring or artificially created: (1) Defined ordinary high water elevation, 929.4 feet MSL. (2) Defined floodplain boundary, 100 -year flood, 931.5 feet MSL as established by the Minnehaha Creek Watershed District (MCWD). Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of 44 Code of Federal Regulations, Part 60.3. Regulatory flood protection elevation (RFPE) means an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (1) The regulatory flood protection elevation within the floodway and flood fringe districts, except for Lake Minnetonka, shall be established by adding 1.0 foot to the base flood water surface Page 1 Side Yard Side Yard Lot Lot Front Adjacent Rear Adjacent Area Width Yard to Another Yard to Street (acre) (feet) (feet) Lot (feet) (feet) (feet) 1 140 35 10 35 30 Sec. 78-1111. - Definitions. Unless specifically defined below, words or phrases used in this article must be interpreted according to common usage and so as to give this article its' most reasonable application. Flood fringe means the portion of the special flood hazard area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Lake Minnetonka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water -connected portions, whether naturally occurring or artificially created: (1) Defined ordinary high water elevation, 929.4 feet MSL. (2) Defined floodplain boundary, 100 -year flood, 931.5 feet MSL as established by the Minnehaha Creek Watershed District (MCWD). Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of 44 Code of Federal Regulations, Part 60.3. Regulatory flood protection elevation (RFPE) means an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (1) The regulatory flood protection elevation within the floodway and flood fringe districts, except for Lake Minnetonka, shall be established by adding 1.0 foot to the base flood water surface Page 1 elevations within floodway listed in the floodway data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated. (2) The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. (3) The regulatory flood protection elevation within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance with procedures set forth in this article. Sec. 78-1124. - Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in section 78-1125. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. Sec. 78-1125. - Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (b) Accessory structures. As an alternative to the fill requirements of section 78-1125(a), structures accessory to the uses identified in section 78-1124 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided that: (1) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water -tight or elevated to above the regulatory flood protection elevation (3) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with section 78-1125(a) of this article, or if allowed as a conditional use under section 78-1126(3) below. (d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (e) All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. (f) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Page 2 (g) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (h) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (one percent chance) flood. (j) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. (k) Manufactured homes and recreational vehicles must meet the standards of division 9 of this article. Sec. 78-1279. - Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Structure Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Page 3 Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water -oriented needs. Uses without water -oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most Iakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Sec. 78-1280. - Minimum lowest floor elevations. All structures located within the Shoreland Overlay District which are subject to the floodplain regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements of that article. The regulatory flood protection elevation shall be established as set forth in section 78-1111. All structures constructed within the Shoreland Overlay District shall have their lowest floor, including basement, placed at an elevation no lower than the regulatory flood protection elevation. Where the regulatory floodplain elevation cannot reasonably be determined, the minimum elevation at which the lowest floor, including basement, may be placed shall be determined as follows: (1) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher. (2) For rivers and streams, by placing the lowest floor at least three feet above the flood of record. Sec. 78-1282. - Driveways, stairways, lifts and landings. Page 4 (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf -on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1)—(5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. Sec. 78-1434. - Area restrictions. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are not considered as oversize accessory structures, but are subject to the special setback restrictions of section 78-1404. a. Tennis courts and sport courts. b. Pools, when pool basin structure (excluding non encroachment -type patios) is greater than 1,000 square feet. c. Paddocks or arenas. (2) Oversized accessory structures are regulated by the following table: Maximum Maximum Individual Allowed Total Lot Area Accessory of All Accessory (acres) Structure Structure Footprint Area Footprint (square feet) Areas* on Page 5 0-1.99 2.00-3.00 3.01-3.50 1,000 a Property (square feet) 2,000 2,400 2,800 1,200 1,400 3.51-4.00 1,600 3,200 4.01-4.50 1,800 3,600 4.51-5.00 2,000 4,000 5.01-6.00 2,200 4,400 6.01-7.00 7.01-8.00 8.01-9.00 9.01 or more 2,400 2,600 2,800 3,000 4,800 5,200 5,600 6,000 * Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas. (3) Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. b. The maximum height for such accessory structure shall be 30 feet or the defined height of the principal residence structure on the property, whichever is less. c. Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. 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 Page 6 period, the oversized accessory structure must be removed if no principal structure has been constructed. 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. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Sec. 78-1435. - Location. Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots. Sec. 78-1436. - Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. Sec. 78-1439. - Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. Page 7 CITY OF ORONO Council Exhibit M 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono City Council will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, December 12, 2016, beginning at 7:00 p.m. on the matter of reviewing the following land use application: 16-3885 Hans & Sharon Bergh, 2800 Shadywood Road, request approval of the following variances in conjunction with redevelopment of the property: 1. A 75 -foot lake setback variance from the channel and a rear setback variance in order to reconstruct a detached garage 24.3' from the rear and 40.9' from the channel in a slightly smaller footprint with an upward expansion because the garage will be elevated 6" on fill to comply with the 100 -year floodplain rules combined with a proposed 3.5' increase in roof height resulting in a peak height of 17' 8" where 14' 2" currently exists; and 2. A variance to construct a new residence partially elevated on fill material which does not conform to the requirement that such fill material extend 15 -feet from the structure on the north east side of the home. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by December 6, 2016 if possible. Interested persons may review the application at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono Jeremy Barnhart, Community Development Director To be published in The Laker & The Pioneer Newspapers on November 26, 2016. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office `b Hennepin County Locate + Map p n_I Provided By: Resident and Real Estate Services Date: 11/15/2016 (49) (44) (4q = {c4} f r 'aX II ',p) J r , sari `, �4 ami l64) f iii J IA61 At. s' no. {ta} p31 (2D) Buffer Size: 350 feet Map Comments: 0 60 120 240 ft RECE r LD For more information contact: Hennepin County GIS Office i NOV r 7 2016 eet South Min eapolisr MN 55487 gis.info@hennepin.us Wff OFOFWW 3885 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) V—hl� (�3 V 4 X of V [print name(s)] [print address have r .ewed the pfor the proposed improvement or proposed use of the property located at V also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the propot o� but merely to confirm for the City Council that I (we) am (are) aware of the i v ent p1 n and h t pr posed nei�or's project or use requires Council approval. Owner T Date Property Owner Date I (we) If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM [print name(s)] of [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. RECEIVED Variance Application — May 201$ Page 13 � 7 2016 RUN DATE: 1111512016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 21-117-23 13 0023 97 21-117-23 13 0017 HANS BERGH & SHARON BERGH HENNEPIN COUNTY 2800 SHADYWOOD RD 97 ADDRESS UNASSIGNED ORONO MN 55331 TONKA BAY MN 00000 HANS BERGH & SHARON BERGH COUNTY OF HENNEPIN 2800 SHADYWOOD RD ATTN: REAL ESTATE MANAGER EXCELSIOR MN 55331 701 4TH AVE S SUITE 400 MINNEAPOLIS MN 55415 38 21-117-23 24 0009 97 21-117-23310001 R L LITTLE & D A LITTLE K A BERTRAM & G T GRIFFIN 2775 SHADYWOOD RD 4240 CIRCLE RD ORONO MN 55331 TONKA BAY MN 55331 RICHARD L LITTLE KENNETH A BERTRAM 2775 SHADYWOOD RD GAIL T GRIFFIN EXCELSIOR MN 55331 6704 HEIRLOOM CT FREDERICK MD 21702 38 21-117-23 24 0035 97 21-117-23 42 0016 S R& P A BECK K A BERTRAM & G T GRIFFIN 38 ADDRESS UNASSIGNED 4240 CIRCLE RD ORONO MN 00000 TONKA BAY MN 55331 BRAD NAYFACK KENNETH A BERTRAM 772 JAMACHA RD #311 GAIL T GRIFFIN EL CAJON CA 92019 6704 HEIRLOOM CT FREDERICK MD 21702 38 21-117-23240040 97 2i-1117-234200:7 J T ENGLER & E A ENGLER DAVID F BURNS ET AL 2760 SHADYWOOD RD 4250 CIRCLE RD ORONO MN 55331 TONKA BAY MN 55331 JEFFERY T ENGLER DAVID F & DEBRA A BURNS 2760 SHADYWOOD RD 4250 CIRCLE RD EXCELSIOR MN 55331 70NKA BAY MN 55331 38 2i-117-23 24 C041 R A CARTER & J M CARTER 2780 SHADYWOOD RD ORONO MN 5533: RICHARD & JEANNE CARTER 2780 SHADYWOOD RD EXCELSIOR MN 55331 38 21-117-23 24 0054 CKONE LLC 2785 SHADYWOOD RD ORONO MN 55331 CKONE LLC 361 PRIMROSELA MED!NA MN 55340 38 21.117-23 24 0059 MARLYSJOGLE 2771 SHADYWOOD RD ORONO MN 55331 MARLYSJOGLE 2771 SHADYWOOD RD EXCELSIOR MN 55331 38 21-117-23 24 0065 KIMBERLY K SCH07TLER 2740 SHADYWOOD RD ORONO MN 55331 KIMBERLY K SCHOTTLER 2740 SHADYWOOD RD EXCELSIOR MN 55331 38 21-117-23 31 D002 S R BECK & P A BECK TRUSTEES OOD RD ORONO MN MN 55 5533: OR RECEIVED BRAD NAYFACK 2795 SHADYWOOD RD EXCELSIOR MN 55331 NOV 17 20% 97 21-317-23;30016 /���y�OW� -ARSON PROPERTIES LLC = W Ln 4231 CIRCLE RD TONKA BAY MN 55331 LARSON PROPERTIES LLC P 0 BOX 270710 M!NNEAPOLiS MN 55427 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the informatior contained herein. REDEIVED NOY 17 2010 REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 22 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart Y"-4 Planning Title Community Development Director Item Description: Online Permitting Update Application Summary Information presented for information only Background Staff is in the process of reviewing our software needs in order to accommodate updated goals regarding our permitting and land use application process. Online permitting is becoming more and more expected from the building community, and the ability to track the permitting process has been requested by the public, evidenced by the frequency of requests for status updates. Permit works, our current building permit vendor, allows some online permitting with additional modules, but does not allow for online tracking, or online submittal of permits and land use applications. Primarily, staff is seeking a platform that will allow for the following: ■ Online submittal and approval of certain permits (re -windows, doors, roof, plumbing, mechanical, etc.) ■ Online submittal of permits and land use applications ■ Permit numbering and land use numbering system ■ Integrated property ownership records ■ Customizable reporting ■ Online status review for applicants The attached spreadsheet summarizes the systems employed by area colleagues. Next Steps Staff intends to research RT Vision and Citizen Serve more closely, with a recommendation to move away from Permit works to a more comprehensive system anticipated early next year. Action Requested: Item presented for information primarily List of Exhibits: Exhibit A. Online permitting summary Q c n U w Online permitting and application submittal summary Goal: Obtain a web based service that allows for several functions in the Planning, Building, and Public Works permitting and review process: Building permitting Online application, online payment, online review process tracking, and record keeping Land Use Online application submittal, payment, review process and record keeping Public works Online utility permit application, review tracking, and record keeping Company localuser Online permitting Online Submittal User access to process Setup cost Annual Cost Contact Comments Includes Property Owner information, replaces RT Vision Hennepin County transportation Yes Yes Yes $ 12,500.00 $ 7,500.00 Marc Rood permit works. Online tracking No tie to Property Owner information. Online RT Vision Hennepin County transportation Yes Yes Yes $ 6,250.00 $ 3,750.00 Marc Rood tracking Current configuration PO data, Building and Permit Works Orono No No No $ 4,500.00 Maryn Lutz Planning modules Permit Works Orono Yes No No $ 5,985.00 $ 1,495.00 Maryn Lutz Adding online permitting and payment Assumes 7 users. Includes permitting, planning, and code enforcement. Set up $1,800 per user. Citizen Serve Rogers Yes Yes Yes $ 12,600.00 $ 4,200.00 Ray Barker Annual cost $600/ user. Andover's system uses the embeded tools within the Civic Plus website platform. These tools are GovOffice Andover Yes No N/A Fred Patch not available with our web service provider. Project Dox Edina Yes Yes Yes $ 50,000.00 Judd Harper Uses LOGIS and PIMs, we use permit works Upto 1500 applications/ Building permits. Viewpoint Cloud None Yes Yes Not known $ 5,000.00 $ 9,000.00 Carl Anderson Unknown if it can tie into permit works system. Bloomington allows for emailed permits. Unique Bloomington Yes email address Department Approval: Name: Jeremy Barnhart REQUEST FOR COUNCIL ACTION Administrator Approval: Y"-4 Title: Community Development Director Item Description: Planning Commission Liaison Schedule List of Exhibits: Exhibit A. Planning Commissioner Liaison Schedule - 2017 Date: December 12, 2016 Item No.: 23 Agenda Section: Planning Department Report Attached is a proposed schedule for Planning Commissioners to attend City Council meetings for the year beginning January 1, 2017. Note that Planning Commissioners are assigned to the V Council meeting of the month, in keeping with Staff's goal to consolidate planning related items to this first meeting, and other action items (Finance, Engineering) to the second meeting. Note that this schedule may be updated following March, when the Council considers the Planning Commission appointments which expire then. COUNCIL ACTION REQUESTED Item presented for information only. Council Exhibit A The following is a proposed schedule for Planning Commission member attendance at Council Meetings in 2017. The schedule reflects staffs goal to consolidate planning related items to the VY Council meeting of the month. Meeting Date Representative January 9 Kevin Landgraver February 13 Chad Olson March 13 Jon Schwingler April 10 Denise Leskinen May 8 Bruce Lemke June 12 Loren Schoenzeit July 10 John Thiesse August 14 Kevin Landgraver September 11 Chad Olson October 9 Jon Swingler November 13 Denise Leskinen December 11 Bruce Lemke REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 24 Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs Y"_4 City Administrator's Report Title: City Clerk Item Description: Recognition of Out -going Council Members Attachments Resolutions of Recognition: The City of Orono recognizes the service of out -going Mayor Lili McMillan, along with Council Members Lizz Levang, and Jim Cornick, Jr. Council Action Requested: Consider a motion to approve the Recognition Resolutions. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6701 A RESOLUTION OF APPRECIATION TO LILI TOD MCMILLAN FOR 25 YEARS OF DISTINGUISHED SERVICE WHEREAS, Lili Tod McMillan has served this community with distinction for the past 25 years in numerous capacities including thirteen years as a member of the Planning Commission, City Council and as Mayor; and WHEREAS, Lili has served as the LMCD Representative, served on the Park Commission, and has served on many committees including the Long Lake Fire Commission, Dakota Rail Trail Committee, Big Island Committee, Highway 12 Turnback Committee, and the Orono Police Commission; and WHEREAS, Lili's years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, Lili has earned the admiration and high regard of those with whom she has worked; and WHEREAS, the performance of Lili's duties and responsibilities as a member of the City Council and Mayor have been characterized by excellence and constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks to Lili Tod McMillan for her distinguished service to the community and does also highly commend Lili for the manner in which she has carried out her duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council does hereby extend to Lili Tod McMillan best wishes for continued success in future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Jessica Loftus, City Administrator CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6702 A RESOLUTION OF APPRECIATION TO LIZZ LEVANG FOR 6 YEARS OF DEDICATED SERVICE WHEREAS, Lizz Levang has served this community with distinction for the past 6 years as a member of the Planning Commission and City Council; and WHEREAS, Lizz's years of service have been marked by her dedication to the best interests of the community; and WHEREAS, Lizz has worked on the Donation Garden, Communications Committee, City Newsletter, Navarre Community Initiative, Police Commission, and Park Improvements; and WHEREAS, the performance of Lizz's duties and responsibilities as a member of the City Council have been characterized by well thought -of and constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks to Lizz Levang for her commendable service to the community and for the trustworthy manner in which she has carried out her duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council does hereby extend to Lizz Levang best wishes for continued success in future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Jessica Loftus, City Administrator CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6703 A RESOLUTION OF APPRECIATION TO JIM CORNICK, JR. FOR 2 YEARS OF SERVICE WHEREAS, Jim Cornick, Jr., has served this community with distinction for the past 2 years as a member of the City Council; and WHEREAS, Jim's years of service have been in the best interests of the community; and WHEREAS, Jim has worked on the County Road 112 Turnback Committee, Navarre Community Initiative and other improvement projects; and WHEREAS, the performance of Jim's duties and responsibilities as a member of the City Council have been characterized as constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks to Jim Cornick, Jr., for his service to the community and for the respectable manner in which he has carried out his duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council does hereby extend to Jim Cornick, Jr. best wishes for continued success in future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Jessica Loftus, City Administrator Department Approval: Name Ron Olson Title Finance Director REQUEST FOR COUNCIL ACTION Administrator Reviewed: Y"_4 DATE: December 12, 2016 ITEM NO: 25 Agenda Section: City Administrator's Report Item Description: 2017 Non-union Employee Compensation Adjustment Resolution The City Council annually adopts a non-union compensation adjustment and an adjustment to the monthly insurance contribution. COMPENSATION As part of the 2017 budget process, the Council directed staff to add a 2% COLA to the City's pay scale. A copy of the updated pay scale is included with this memo. INSURANCE For 2017 the City's insurance contribution for employees selecting family (employee plus) coverage is remaining at $1,255, the same amount as in 2016. The contribution for employees choosing single coverage will remain at the 2011 amount of $915 per month, with funds to be used only within the cafeteria plan (no cash). The waiver amount is to be lowered to $347. MILEAGE The attached resolution also confirms that the City will continue to reimburse employees at the IRS allowed mileage rate in 2017. The IRS rate is currently set at 54 cents per mile. It is possible that the rate may be changed during the year. When this has happened in the past, the City's reimbursement rate has been adjusted to match the IRS rate. SAFETY SHOE REIMBURSMENT The safety shoe reimbursement amount will remain at $175 for employees that qualify for the reimbursement. Action Requested: Consider a motion to establish the 2017 Non-union employee compensation adjustments and amend/approve the attached resolution. RESOLUTION APPROVING PAY PLAN ADJUSTMENTS FOR NON-UNION CITY EMPLOYEES FOR 2017 WHEREAS, the City Administrator is responsible for annually presenting pay adjustments for City employees, with the exception of employees covered by collective bargaining agreements; and WHEREAS, sufficient funds have been appropriated in the proposed 2017 Annual Budget to fund the recommended pay adjustments and such other matters of compensation as herein specified. NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council as follows: 1. That the City's non-union pay scale be increased by 2.0% to reflect a Cost of Living increase. 2. That the City's cafeteria benefit plan contribution remain at$1,255 per month for employees on family coverage, $915 for single (no cash) and $347 for waivers. 3. That City employees using their own vehicles for approved work related business shall be compensated at a rate allowed by the IRS (currently $0.54 per mile). 4. That the 2017 Safety Shoe Reimbursement will remain at $175 for employees that qualify for this reimbursement. Adopted by the Council this 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor RESOLUTION APPROVING PAY PLAN ADJUSTMENTS FOR NON-UNION CITY EMPLOYEES FOR 2017 WHEREAS, the City Administrator is responsible for annually presenting pay adjustments for City employees, with the exception of employees covered by collective bargaining agreements; and WHEREAS, sufficient funds have been appropriated in the proposed 2017 Annual Budget to fund the recommended pay adjustments and such other matters of compensation as herein specified. NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council as follows: 1. That the City's non-union pay scale be increased by 2.0% to reflect a Cost of Living increase. 2. That the City's cafeteria benefit plan contribution remain at$1,255 per month for employees on family coverage, $915 for single (no cash) and $347 for waivers. 3. That City employees using their own vehicles for approved work related business shall be compensated at a rate allowed by the IRS (currently $0.54 per mile). 4. That the 2017 Safety Shoe Reimbursement will remain at $175 for employees that qualify for this reimbursement. Adopted by the Council this 12th day of December, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor CITY OF ORONO NON-UNION EMPLOYEE COMPENSATION PLAN POSITION GRADES Grade Point Range Positions in Grade 1 0-76 Community Service Officer 2 77-89 3 90-103 4 104-113 5 114-127 Admin Support Assistant (Admin, Planning, Police) 6 128-143 Payroll Utility Billing Clerk 7 144-164 Planning Assistant; PW Maintenance 8 165-186 9 187-233 Office Manager (E); Golf Course Superindendent 10 234-299 Accountant (E); City Clerk (E); IT Technician (E) Public Works Supervisor (Streets, Water/Sewer) 11 300-345 City Planner (E) 12 346-398 Building Official (E); Senior Planner (E) 13 399-458 14 459-517 Deputy Chief (E) 15 518-647 Community Development Director (E) 16 648-843 Public Works Director/City Engineer (E); Finance Director (E) 17 844-970 Police Chief (E) 18 971-1068 19 1069-1176 City Administrator (E) (E) = Exempt Compensation Plan Non -Union Employees Pay Grades and Steps For 2017 BUDGET Grade Start Step 1 Step 2 Step 3 Step 4 Step 5 S ep 6 tep 7 Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Annual 1 15.71 32,668.06 16.192 33,678.41 16.69 34,720.01 17.21 35,793.83 17.74 36,900.86 18.29 38,042.12 18.86 39,218.68 -Hourly 19.44 40,431.63 2 16.71 34,753.25 17.23 35,828.10 17.76 36,936.19 18.31 38,078.54 18.87 39,256.23 19.46 40,470.34 20.06 41,722.00 20.68 43,012.37 3 17.77 36,971.55 18.32 38,115.00 18.89 39,293.82 19.48 40,509.09 20.08 41,761.95 20.70 43,053.55 21.34 44,385.11 22.00 45,757.84 4 18.91 39,331.43 19.49 40,547.87 20.10 41,801.93 20.72 43,094.77 21.36 44,427.60 22.02 45,801.65 22.70 47,218.19 23.40 48,678.55 5 20.12 41,841.95 20.74 43,136.03 21.38 44,470.14 22.04 45,845.51 22.72 47,263.41 23.43 48,725.16 24.15 50,232.12 24.90 51,785.70 6 21.40 44,512.72 22.06 45,889.40 22.74 47,308.66 23.45 48,771.82 24.17 50,280.23 24.92 51,835.28 25.69 53,438.43 26.49 55,091.17 7 22.77 47,353.95 23.47 48,818.50 24.20 50,328.36 24.94 51,884.91 25.72 53,489.59 26.51 55,143.91 27.33 56,849.39 28.18 58,607.62 8 24.22 50,376.55 24.97 51,934.58 25.74 53,540.81 26.54 55,196.72 27.36 56,903.83 28.20 58,663.74 29.08 60,478.08 29.98 62,348.54 9 25.77 53,592.07 26.56 55,249.56 27.38 56,958.31 28.23 58,719.91 29.10 60,535.99 30.00 62,408.23 30.93 64,338.39 31.89 66,328.23 10 27.41 57,012.84 28.26 58,776.12 29.13 60,593.95 30.03 62,467.99 30.96 64,399.99 31.92 66,391.74 32.91 68,445.09 33.92 70,561.95 11 29.16 60,651.96 30.06 62,527.79 30.99 64,461.64 31.95 66,455.30 32.94 68,510.62 33.96 70,629.51 35.01 72,813.92 36.09 75,065.90 12 31.02 64,523.36 31.98 66,518.92 32.97 68,576.22 33.99 70,697.13 35.04 72,883.64 36.12 75,137.77 37.24 77,461.62 38.39 79,857.34 13 33.00 68,641.87 34.02 70,764.81 35.07 72,953.42 36.16 75,209.71 37.28 77,535.79 38.43 79,933.80 39.62 82,405.98 40.84 84,954.62 14 35.11 73,023.27 36.19 75,281.72 37.31 77,610.02 38.47 80,010.33 39.66 82,484.88 40.88 85,035.96 42.15 87,665.94 43.45 90,377.25 15 37.35 77,684.33 38.50 80,086.93 39.69 82,563.86 40.92 85,117.38 42.19 87,749.88 43.49 90,463.79 44.84 93,261.64 46.22 96,146.02 16 39.73 82,642.90 40.96 85,198.86 42.23 87,833.88 43.53 90,550.40 44.88 93,350.93 46.27 96,238.06 47.70 99,214.50 49.17 102,282.99 17 42.27 87,917.98 43.58 90,637.09 44.92 93,440.30 46.31 96,330.21 47.74 99,309.50 49.22 102,380.92 50.74 105,547.34 52.31 108,811.69 18 44.97 93,529.77 46.36 96,422.44 47.79 99,404.59 49.27 102,478.96 50.79 1 105,648.41 52.36 108,915.88 53.98 112,284.41 55.65 115,757.13 19 47.84 99,499.75 49.32 102,577.06 50.84 105,749.56 52.41 109,020.16 54.03 112,391.92 55.71 115,867.95 57.43 119,451.50 59.20 123,145.88 rolson\spreadsheets\asst\wages\Paysteps Non-Union.xlsx REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 26a Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 City Administrator's Report Title City Administrator Item Description: Police Officers Labor Agreement for 2017-2019 The labor agreement for police officers is set to expire on December 31St, 2016. The city has met with the police officers' union (Law Enforcement Labor Services (LELS Local No. 40)) to negotiate a new labor agreement. There was considerable negotiation time spent on wages and insurance. Highlights of the new agreement include: • Three year contract duration: 2017, 2018 and 2019 • Wages 2.5% in 2017 2.5% in 2018 2% on 1/1/19 and 1% on 7/1/19 • Insurance contribution $915 for singles and $1,255 for family in 2017 $915 for singles and $1,255 plus 50% of any increase to the family premium in 2018 $915 for singles and $1,255 plus 50% of any increase to family premium. There were minor language changes to court/call back time and training travel based upon market data. There were also many requests from the union including increases longevity, vacation, and severance, which did not make it into the contract after the negotiation sessions. Council Action Requested: Consider a motion to approve the attached "Labor Agreement Between the City of Orono and Law Enforcement Labor Services (Local No. 40) — Patrol Officers 2017-2019". LABOR AGREEMENT BETWEEN THE CITY OF ORONO AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 40 PATROL OFFICERS JANUARY 1, 2017 THROUGH DECEMBER 31, 2019 TABLE OF CONTENTS ARTICLE I PURPOSE OF AGREEMENT..................................................................1 ARTICLE II RECOGNITION.........................................................................................1 ARTICLE III DEFINITIONS............................................................................................ 2 ARTICLE IV EMPLOYER SECURITY.......................................................................... 2 ARTICLE V EMPLOYER AUTHORITY...................................................................... 3 ARTICLE VI UNION SECURITY.................................................................................... 3 ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ......................... 3 ARTICLE VIII SAVINGS CLAUSE.................................................................................... 7 ARTICLE IX SENIORITY................................................................................................ 7 ARTICLE X DISCIPLINE............................................................................................... 8 ARTICLE XI WORK SCHEDULES................................................................................ 8 ARTICLE XII OVERTIME................................................................................................ 9 ARTICLE XIII COMPENSATORY TIME........................................................................ 9 ARTICLE XIV CALL BACK TIME.................................................................................10 ARTICLE XV COURT STANDBY TIME......................................................................10 ARTICLE XVI UNIFORMS...............................................................................................11 ARTICLE XVII INJURY ON DUTY..................................................................................11 ARTICLE XVIII WAGES......................................................................................................11 ARTICLE XIX INSURANCE.............................................................................................13 ARTICLE XX PART-TIME EMPLOYEE PAY AND BENEFITS..............................14 ARTICLE XXI VACATIONS.............................................................................................15 ARTICLE XXII HOLIDAYS...............................................................................................15 ARTICLE XXIII SICK LEAVE............................................................................................16 I ARTICLE XXIV SEVERANCE PAY...................................................................................16 ARTICLE XXV POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT .....16 ARTICLE XXVI POST LICENSE/TRAINING.................................................................16 ARTICLE XXVII DAYLIGHT SAVINGS............................................................................17 ARTICLE XXVIII EYEWEAR REPLACEMENT................................................................17 ARTICLE XXVIV DURATION............................................................................................... 17 IF LABOR AGREEMENT BETWEEN THE CITY OF ORONO AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of , 20, between the CITY OF ORONO, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES INC., hereinafter called LELS. It is the intent and purpose of this AGREEMENT to; 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' AGREEMENT upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative under Minnesota Statutes Section 179A.03, Subdivision 7, for all police personnel in the following job classification: Police Officers 2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. 1 ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Inc. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Orono Police Department. 3.5 EMPLOYER: The City of Orono. 3.6 CHIEF: The Chief of the City of Orono Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc. 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 RESIGNATION: Resignation with two (2) weeks advance notice. 3.13 PART-TIME EMPLOYEE: An employee who works a regular schedule of fourteen (14) or more hours per week, but less than thirty-five (35) hours per week. The determination of the regular schedule will be made on a quarterly basis. If an employee works more than 182 hours in a quarter, the employee will be considered to be a part-time employee until the next quarterly determination. ARTICLE IV EMPLOYER SECURITY LELS agrees that during the life of this AGREEMENT that LELS will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the EMPLOYER. 2 ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly union dues. Such monies shall be remitted as directed by LELS. 6.2 LELS may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting LELS notice(s) and announcements(s). 6.4 LELS agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 3 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by LELS as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. LELS shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by LELS and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal work hours provided that the employee and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7. 1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (2 1) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by LELS within ten (10) calendar days shall be considered waived. 2 Step 2. If appealed, the written grievance shall be presented by LELS and discussed with the EMPLOYER -designated Step 2 representative. The EMPLOYER -designated representative shall give LELS the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by LELS within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by LELS and discussed with the EMPLOYER -designated Step 3 representative. The EMPLOYER -designated representative shall give LELS the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER -designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by LELS within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by LELS shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The 5 decision shall be binding on both the EMPLOYER and LELS and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and LELS provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, LELS may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and LELS in each step. 7.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized --Step 4 of Article VII or another appeal procedure --and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an employee 2 pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Orono. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to changes in job classification through transfer, assignment or promotion when the job relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 7 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15 of each calendar year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.6 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE VII. ARTICLE XI WORK SCHEDULES 11.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; C) assigned training; d) authorized leave time. 11.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will for record purposes under Article 12.2 be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 12.5 Overtime will be calculated to the nearest fifteen (15) minutes. 12.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. ARTICLE XIII COMPENSATORY TIME 13.1 As an alternative to payment of overtime compensation, the employee may receive one and one-half (1 '/2) hours of compensatory time for each hour worked for time worked as follows: a) All hours worked in excess of the employee's regularly scheduled shift. b) Recalls to fill in shifts, including but not limited to filling in shifts for vacation, sick leave, holidays. 13.2 For other hours not covered in 13. 1, the employee by mutual agreement may receive in lieu of overtime payment in cash, one hour of compensatory time for each hour worked. 9 13.3 The employee may accrue up to 40 hours in a compensatory bank to be used within the compensatory policy of the City. 13.4 Prior to December 31st of each year, an employee must cash out all but 20 hours of compensatory time and those remaining hours not cashed remain available for use in the following year. ARTICLE XIV CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. ARTICLE XV COURT TIME 15.1 An Employee who is required to appear in court during the Employee's scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half(1.5) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the three (3) hour minimum. 15.2 Employees required by the Employer to standby for a potential court appearance shall be paid a minimum of three (3) hours for such standby time at the rate of one hour pay for each hour on standby. If an Employee on standby is required to report to court, standby time is then converted to court time as provided in Section 15.1. 15.3 Employees who have been placed on standby and who are not notified of a court cancellation prior to 5:00 p.m. on the day preceding the scheduled appearance will be paid for the appearance in the same fashion as described in Section 15.2 of this agreement. 15.4 If the employee owes time to the City the standby may be subtracted from the balance owed at the Employee's discretion. If the employee does not owe the City time, the employee will receive three (3) hours of pay at the regular rate. As an alternative, upon mutual agreement and if within the 10 compensatory time accumulation maximum, the employee may receive three (3) hours of compensatory time at the straight time rate. ARTICLE XVI UNIFORMS The EMPLOYER will provide all City -required uniform articles and equipment. ARTICLE XVII INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) day working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance. ARTICLE XVIIIWAGES 18.1 PLACEMENT INTO PAY SCHEDULE The Employer has the discretion to place a new employee into the pay schedule at a step other than the start step as the Employer deems appropriate. 18.2 2017 WAGES The following wage schedule shall be in effect for the period January 1, 2017 through December 31, 2017: Wages PPr Anrnr Start (75% of "after 3rd year" rate) $25.98 After six months (80% of "after 3rd year" rate) $27.72 After 1 st year (85% of "after 3rd year" rate) $29.46 11 18.3 18.5 After 2nd year (90% of "after 3rd year" rate) $31.18 After 3rd year $34.65 2018 WAGES The following wage schedule shall be in effect for the period January 1, 2018 through December 31, 2018: Wages Per Hour Start (75% of "after 3rd year" rate) $26.63 After six months (80% of "after 3rd year" rate) $28.41 After 1 st year (85% of "after 3rd year" rate) $30.20 After 2nd year (90% of "after 3rd year" rate) $31.96 After 3rd year $35.52 2019 WAGES The following wage schedule shall be in effect for the period January 1, 2019 through June 30, 2019: Wages Per Hour Start (75% of "after 3rd year" rate) $27.16 After six months (80% of "after 3rd year" rate) $28.98 After 1 st year (85% of "after 3rd year" rate) $30.80 After 2nd year (90% of "after 3rd year" rate) $32.60 After 3rd year $36.23 2019 WAGES The following wage schedule shall be in effect for the period July 1, 2019 through December 31, 2019: Wages Per Hour Start (75% of "after 3rd year" rate) $27.43 After six months (80% of "after 3rd year" rate) $29.27 After 1 st year (85% of "after 3rd year" rate) $31.11 After 2nd year (90% of "after 3rd year" rate) $32.93 After 3rd year $36.59 12 18.6 LONGEVITY A. After 4 years 3% additional to base rate After 6 years 5% additional to base rate After 10 years 7% additional to base rate After 14 years 9% additional to base rate ARTICLE XIX INSURANCE 19.1 Effective January 1, 2017, the EMPLOYER'S contribution per employee receiving single health insurance coverage is Nine Hundred Fifteen and no/100ths ($915.00) Dollars per month toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 19.4. The EMPLOYER'S contribution per employee receiving family health insurance coverage is One Thousand Two Hundred Fifty Five and no/100ths ($1,255.00) Dollars per month, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 19.4. 19.2 Effective January 1, 2018, the EMPLOYER'S contribution per employee receiving single health insurance coverage is Nine Hundred Fifteen and no/100ths ($915.00) Dollars per month toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 19.4. The EMPLOYER'S contribution per employee receiving family health insurance coverage is One Thousand Two Hundred Fifty Five and no/100ths ($1,255.00) Dollars per month, plus fifty (50%) percent of any increase in the family health insurance premium, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 19.4. 19.3 Effective January 1, 2019, the EMPLOYER's contribution per employee receiving single health insurance coverage is Nine Hundred Fifteen and no/100ths ($915.00) Dollars per month, (however, at no time shall the Employer contribution be less than 100% of the premium cost for single coverage of the highest option health plan available), toward a 13 cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 19.4. The EMPLOYER's contribution per employee receiving family health insurance coverage is the amount established in 2018, plus fifty (50%) percent of any increase in the family health insurance premium, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 19.4. 19.4 HEALTH INSURANCE OPT -OUT OPTION If a health insurance opt -out option is available with the City's group health insurance plan, an employee who has health insurance through a group -sponsored plan elsewhere may elect to waive health insurance coverage. An employee who waives health insurance coverage will receive, as the City's insurance contribution, the difference between the lowest cost single coverage health insurance plan and the City's single insurance contribution, as set out in Paragraphs 19.1, 19.2 and 19.3, as an opt -out credit to use through the City's cafeteria benefit plan. ARTICLE XX PART-TIME EMPLOYEE PAY AND BENEFITS 20.1 Part-time Police Officers will be placed into the same pay schedule as the Police Officers. The Employer has the discretion to place a new employee into the pay schedule at a step other than the start step as the Employer deems appropriate. Part-time officers are not eligible for longevity pay. 20.2 MOVEMENT THROUGH PAY RANGE A part-time officer will move through the steps of the pay schedule based on each two thousand eighty (2,080) hours worked. 20.3 PART-TIME EMPLOYEE BENEFITS Employees regularly scheduled to work 20 hours or more per week shall be eligible for prorated benefits, except health insurance. The determination of the regular schedule will be made on a quarterly basis. Health insurance eligibility will be determined by the City's agreement with its insurance carriers. 14 ARTICLE XXI VACATIONS Employees will accumulate vacation leave according to the following schedule: 0 through 5 years continuous service 10 days ( 80 hours) 6 through 10 years continuous service 15 days (120 hours) 11 through 15 years continuous service 18 days (144 hours) 16 years continuous service 19 days (152 hours) 17 years continuous service 20 days (160 hours) 18 years continuous service 21 days (168 hours) 19 years continuous service 22 days (176 hours) 20 years and over continuous service 23 days (184 hours) The maximum accumulation of accrued vacation is 240 hours. ARTICLE XXII HOLIDAYS 22.1 Each employee shall receive 12 (96 hours) floating holidays accrued on a prorated basis each year to be used in the same manner as vacations. For each holiday hour not used each employee shall receive an hour of pay up to 96 hours per year. Payment is to be made on the first day in December of each calendar year. 22.2 Employees who are scheduled to work on New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve or Christmas Day shall receive an additional one-half hour of pay for each hour worked on each of these eleven holidays. 22.3 Holiday hours commence at 0000 hours and end at 2359 hours on the actual day of the holiday for employees working shifts. Employees working a Monday through Friday schedule shall observe the holidays on the same days as the other City Employees. 15 ARTICLE XXIII SICK LEAVE A. Each employee shall earn eight (8) hours of sick leave per month. B. Each employee shall be allowed to accumulate sick leave up to the maximum amount of nine hundred sixty (960) hours. C. In addition any hours over 960 hours accrued shall go into a catastrophic sick leave bank which may be used any time the person is sick for more than 30 consecutive calendar days. The maximum accrued in this bank is 320 hours and is not useable for severance purposes under Article XXH. ARTICLE XXIV SEVERANCE PAY Each employee with at least three (3) years, but less than twelve (12) years, of service with the EMPLOYER will receive, upon honorable termination of employment, one-third (1/3) of the employee's accumulated sick leave as severance pay. Each employee with twelve (12) years or more of service with the Employer will receive, upon honorable termination of employment, one-half (1/2) of the employee's accumulated sick leave as severance pay. These funds shall be deposited into a designated Post -Employment Health Care Savings Plan. ARTICLE XXV POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT Each employee shall participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minnesota Statues section 352.98. All funds collected by the employer on behalf on the employees shall be deposited into the HCSP. Commencing January 1, 2008, each employee shall contribute 2% of salary to the HCSP. The employer shall deduct this amount from each payroll check. Upon termination of employment 100% of severance pay, as that term is defined in this Labor Agreement, shall be deposited into the HCSP. ARTICLE XXVI POST LICENSE/TRAINING 26.1 The EMPLOYER shall pay the cost of the employee's POST license fees. 16 26.2 The EMPLOYER will pay for and provide the required training for POST board licensing upon the employee receiving prior written approval from the EMPLOYER to attend such training. 26.3 Employees attending voluntary/optional training will be eligible for up to 1 (one) hour of paid travel time at their regular rate of pay. If the Employee owes TOC, this travel time can be deducted from the hours owed in TOC. Travel time will be calculated as time from the Orono Police Department to the training site. ARTICLE XXVII DAYLIGHT SAVINGS Patrol Officers working shifts during daylight savings will only be paid for the actual hours worked. ARTICLE XXVIII EYEWEAR REPLACEMENT Prescription eyewear damaged in the line of duty will be replaced at a cost not to exceed Two Hundred Fifty and no/100ths ($250.00) Dollars. ARTICLE XXVIV DURATION This AGREEMENT shall be effective as of the first (1st) day of January, 2017 and remain in full force and effect until the thirty-first (31 st) day of December, 2019. 17 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on 20 FOR THE CITY OF ORONO: FOR LAW ENFORCEMENT LABOR SERVICES, INC.: In REQUEST FOR COUNCIL ACTION DATE: March 24, 2014 ITEM NO: 26b Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 City Administrator's Report Title City Administrator Item Description: Police Sergeants Labor Agreement for 2017-2019 The labor agreement for police sergeants is set to expire on December 31St, 2016. The city has met with the police sergeants union (Law Enforcement Labor Services (LELS Local No. 168)) to negotiate a new labor agreement. The sergeants have agreed to the same terms as the patrol officers. Council Action Requested: Consider a motion to approve the attached "Labor Agreement Between the City of Orono and Law Enforcement Labor Services (Local No. 168) — Police Sergeants 2017-2019". LABOR AGREEMENT BETWEEN THE CITY OF ORONO AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL #168 POLICE SERGEANTS January 1, 2017 through December 31, 2019 TABLE OF CONTENTS Page ARTICLE I PURPOSE OF AGREEMENT...................................................................... 1 ARTICLE II RECOGNITION.......................................................................................... 1 ARTICLE III DEFINITIONS...........................................................................................1 ARTICLE IV EMPLOYER AUTHORITY...................................................................... 2 ARTICLE V UNION SECURITY.................................................................................... 2 ARTICLE VI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ........................... 2 ARTICLE VII SAVINGS CLAUSE.................................................................................5 ARTICLE VIII SENIORITY............................................................................................. 5 ARTICLE IX DISCIPLINE.............................................................................................. 5 ARTICLE X WORK SCHEDULES................................................................................. 6 ARTICLE XI OVERTIME............................................................................................... 6 ARTICLE XII COMPENSATORY TIME....................................................................... 7 ARTICLE XIII CALL BACK TIME................................................................................ 7 ARTICLE XIV COURT STANDBY TIME..................................................................... 7 ARTICLE XV UNIFORMS.............................................................................................. 7 ARTICLE XVI INJURY ON DUTY................................................................................ 7 ARTICLE XVII WAGES.................................................................................................. 8 ARTICLE XVIII INSURANCE........................................................................................ 8 ARTICLE XIX VACATIONS.......................................................................................... 9 ARTICLE XX HOLIDAYS............................................................................................10 ARTICLE XXI SICK LEAVE........................................................................................10 ARTICLE XXII SEVERANCE PAY............................................................................. 11 ARTICLE XXIII POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT ... 1 I ARTICLE XXIV POST LICENSE.................................................................................11 ARTICLE XXV WAIVER..............................................................................................11 ARTICLE XXVI DAYLIGHT SAVINGS..................................................................... 12 ARTICLE XXVII EYEWEAR REPLACEMENT.........................................................12 ARTICLE XXVIII DURATION.....................................................................................12 LABOR AGREEMENT BETWEEN THE CITY OF ORONO AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL # 168 POLICE SERGEANTS ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2014, between the City of Orono, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES INC., hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to; 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' AGREEMENT upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes Section 179A.03, Subdivision 7, for all police personnel in the following job classification: Police Sergeants 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Inc. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Orono Police Department. 3.5 EMPLOYER: The City of Orono. 3.6 CHIEF: The Chief of the City of Orono Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc. 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch shift. 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 PROBATIONARY PERIOD: A one year period form date of hire or promotion. ARTICLE IV EMPLOYER AUTHORITY 4.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 4.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE V UNION SECURITY 5.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly union dues. Such monies shall be remitted as directed by the UNION. 5.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 5.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 5.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VI EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE 6.1 DEFINITION OF GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 0 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of this AGREEMENT. 6.3 PROCESSING A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal work hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal work hours provided that the employee and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 7. 1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (2 1) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 representative. The EMPLOYER -designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. 3 Step 3. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be considered waived. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each parry shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure shall be utilized --Step 4 of Article VII or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes 2 the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. ARTICLE VII SAVINGS CLAUSE This AGREEMENT is subject to law. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE VIII SENIORITY 8.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 8.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 8.3 A reduction of work force will be accomplished on the basis of bargaining unit seniority. Employees shall be recalled from layoff on the basis of bargaining unit seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of layoff before any new employee is hired. 8.4 Senior employees will be given preference with regard to changes in job classification through transfer, assignment or promotion when the job relevant qualifications of employees are equal. 8.5 Once continuous vacation period shall be selected on the basis of seniority until March 15 of each calendar year. 8.6 After eighteen (18) months of continuous full-time employment as a Sergeant, senior qualified employees will receive shift assignment preference for biddable shifts. ARTICLE IX DISCIPLINE 9.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one of the following forms: a. oral reprimand; b. written reprimand; C. suspension; 5 d. demotion; or e. discharge. 9.2 Suspensions, demotions and discharges will be in written form. 9.3 Written reprimands, notices of suspension, notices of demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 9.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 9.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 9.6 Grievances relating to this ARTICLE shall be initiated by the UNION at Step 3 of the grievance procedure under Article VII of this AGREEMENT. ARTICLE X WORK SCHEDULES 10.1 The normal work year for full-time employees is two thousand eighty (2,080) hours to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 10.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of assigned shifts. 10.3 Nothing contained in this or any other ARTICLE shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XI OVERTIME 11.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 11.2 Overtime will be distributed as equally as practicable. 11.3 Overtime refused by employees will for record purposes under Article 12.2 be considered as unpaid overtime worked. 11.4 For the purpose of computing overtime compensation overtime hours shall not be pyramided, compounded or paid twice for the same hours worked. 11.5 Overtime will be calculated to the nearest fifteen (15) minutes. 11.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. C� ARTICLE XII COMPENSATORY TIME 12.1 As an alternative to payment of overtime compensation, the employee may receive an hour of compensatory time plus one half-hour in cash for each hour worked for time worked as follows: a) All hours worked over 171 hours in a 28 -day work period. b) Recalls to work to fill in shifts, including but not limited to filling in shifts for vacation, sick leave, holidays. 12.2 For other hours not covered in 13.1 the employee, by mutual agreement, may receive in lieu of overtime payment in cash, one hour of compensatory time for each hour worked. 12.3 The employee may accrue up to 40 hours in a compensatory bank to be used within the compensatory time policy of the City. 12.4 Prior to December 31 st of each year, an employee must cash out all but 10 hours of compensatory time and those remaining hours not cashed remain available for use in the following year. ARTICLE XIII CALL BACK TIME An employee who is called to duty during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or early report to a scheduled shift for duty does not qualify the employee for the three (3) hour minimum. ARTICLE XIV COURT STANDBY TIME If an officer is placed on standby for court during the officer's scheduled off-duty time, and if the court appearance is cancelled the day of the court date, the officer will receive standby pay in the amount of three (3) hours of pay at the officer's regular pay rate. If the employee owes time to the City the straight time standby will be subtracted from the balance owed. If the employee does not owe the City time, the employee will receive three (3) hours of pay at the regular rate. As an alternative, upon mutual agreement and if within the compensatory time accumulation maximum, the employee may receive three (3) hours of compensatory time at the straight time rate. ARTICLE XV UNIFORMS The EMPLOYER will provide all City -required uniform articles and equipment. ARTICLE XVI INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and the Worker's Compensation insurance payments for a period 7 not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) day working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance. ARTICLE XVII WAGES 17.1 Wages. The Wage Schedule for 2017-2019 will reflect a ten (10%) percent increase over the police officer salary schedule (Top patrol pay plus top Longevity). The following wage schedules shall be in effect: 2017 Wages Per Hour Top Sergeant $41.53 Beginning Sergeant through first year of probation $39.67 Acting Sergeant $39.67 Acting Chief $45.69 2018 Wages Per Hour Top Sergeant $42.57 Beginning Sergeant through first year of probation $40.66 Acting Sergeant $40.66 Acting Chief $46.84 2019 Wages (Jan 1, 2019 —Jul 1, 2019) Per Hour Top Sergeant $43.42 Beginning Sergeant through first year of probation $41.47 Acting Sergeant $41.47 Acting Chief $47.77 2019 Wages (Jul 1, 2019 —Dec 31, 2019) Per Hour Top Sergeant $43.86 Beginning Sergeant through first year of probation $41.89 Acting Sergeant $41.89 Acting Chief $48.25 17.2 A sergeant assigned by the City Council to assume the full responsibilities and authority of the Police Chief shall receive the agreed to wage rate listed above. ARTICLE XVIII INSURANCE 18.1 Effective January 1, 2017, the EMPLOYER'S contribution per employee receiving single health insurance coverage is Nine Hundred Fifteen and no/100ths ($915.00) Dollars per month toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out N. provisions set out in Paragraph 18.4. The EMPLOYER'S contribution per employee receiving family health insurance coverage is One Thousand Two Hundred Fifty Five Dollars and no/100ths ($1,255.00) Dollars per month, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 18.4. 18.2 Effective January 1, 2018, the EMPLOYER's contribution per employee receiving single health insurance coverage is Nine Hundred Fifteen and no/100ths ($915.00) Dollars per month toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 18.4. The EMPLOYER's contribution per employee receiving family health insurance coverage is One Thousand Two Hundred Fifty Five Dollars and no/100ths ($1,255.00) Dollars per month, plus fifty (50%) percent of any increase in the family health insurance premium, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 18.4. Willing to explore PEIP. 18.3 Effective January 1, 2019, the EMPLOYER's contribution per employee receiving single health insurance coverage is Nine Hundred Fifteen and no/100ths ($915.00) Dollars per month, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 18.4. The EMPLOYER's contribution per employee receiving family health insurance coverage is the amount established in 2019, plus fifty (50%) percent of any increase in the family health insurance premium, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance, subject to the health insurance opt -out provisions set out in Paragraph 18.4. 18.4 HEALTH INSURANCE OPT -OUT OPTION If a health insurance opt -out option is available with the City's group health insurance plan, an employee who has health insurance through a group -sponsored plan elsewhere may elect to waive health insurance coverage. An employee who waives health insurance coverage will receive, as the City's insurance contribution, the difference between the lowest cost single coverage health insurance plan and the City's single insurance contribution, as set out in Paragraphs 18.1, 18.2 and 18.3, as an opt -out credit to use through the City's cafeteria benefit plan. ARTICLE XIX VACATIONS Employees will accumulate vacation leave according to the following schedule: 0 through 5 years continuous service 10 days (80 hours) 6 through 10 years continuous service 15 days (120 hours) 11 through 15 years continuous service 18 days (144 hours) 16 years continuous service 19 days (152 hours) 17 years continuous service 20 days (160 hours) I 18 years continuous service 21 days (168 hours) 19 years continuous service 22 days (176 hours) 20 years continuous service 23 days (184 hours) The maximum accumulation of vacation is 240 hours. ARTICLE XX HOLIDAYS 20.1 Each employee shall receive 12 (96 hours) floating holidays accrued on a prorated basis each year to be used in the same manner as vacations. For each holiday hour not used each employee shall receive an hour of pay up to 96 hours per year. Payment is to be made on the first day in December of each calendar year. 20.2 Employees who are scheduled to work on New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve or Christmas Day shall receive an additional one-half hour of pay for each hour worked on each of these eleven holidays. 20.3 Holiday hours commence at 0000 hours and end at 2359 hours on the actual day of the holiday for employees working shifts. Employees working a Monday through Friday schedule shall observe the holidays on the same days as the other City Employees. ARTICLE XXI SICK LEAVE 21.1 Each employee shall earn eight (8) hours of sick leave per month. 21.2 Each employee shall be allowed to accumulate sick leave up to the maximum amount of nine hundred sixty (960) hours. 21.3 In addition any hours over 960 hours accrued shall go into a catastrophic sick leave bank, which may be used any time the person is sick for more than 30 consecutive calendar days. The maximum accrued in this bank is 320 hours and is not useable for severance purposes under Article XXIII. 10 ARTICLE XXII SEVERANCE PAY Each employee with at least three (3) years, but less than twelve (12) years, of service with the EMPLOYER will receive, upon honorable termination of employment, one-third (1/3) of the employee's accumulated sick leave, as well as the employee's accumulated vacation leave and compensatory time hours, as severance pay. Each employee with twelve (12) years or more of service with the Employer will receive, upon honorable termination of employment, one-half (1/2) of the employee's accumulated sick leave, as well as the employee's accumulated vacation leave, unused holiday leave, and compensatory time hours, as severance pay. These funds shall be deposited into a designated Post -Employment Health Care Savings Plan. ARTICLE XXIII POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT Each employee shall participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minnesota Statutes section 352.98. All funds collected by the employer on behalf of the employees shall be deposited into the HCSP. Commencing January 1, 2008, each employee shall contribute 2% of salary to the HCSP. The employer shall deduct this amount from each payroll check. Upon termination of employment 100% of severance pay, as that term is defined in this Labor Agreement, shall be deposited into the HCSP. ARTICLE XXIV POST LICENSE The EMPLOYER agrees to pay the cost of the employee's post license fees. ARTICLE XXV WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. 11 ARTICLE XXVI DAYLIGHT SAVINGS Police Sergeants working shifts during daylight savings will only be paid for the actual hours worked. ARTICLE XXVII EYEWEAR REPLACEMENT Prescription eyewear damaged in the line of duty will be replaced at a cost not to exceed Two Hundred Fifty and no/100ths ($250.00) Dollars. ARTICLE XXVIII TRAVEL TIME Officers attending voluntary/optional training will be eligible for up to 1 (one) hour of paid travel time at their regular rate per day. If the officer owes TOC, this travel time can be deducted from the hours owed in TOC. Travel time will be calculated as time from the Orono Police Department to the training site. ARTICLE XXIX DURATION This AGREEMENT shall be effective as of the first (1 st) day of January, 2017 and remain in full force and effect until the thirty-first (31S) day of December, 2019. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 2016. FOR THE CITY OF ORONO LAW ENFORCEMENT LABOR SERVICES 12 Department Approval: Name Jessica Loftus Title City Administrator REQUEST FOR COUNCIL ACTION Administrator Reviewed: Y"-4 Item Description: City Clerk Retirement DATE: December 12, 2016 ITEM NO: 27 Agenda Section: City Administrator's Report The City Clerk has provided her notice that she will be retiring effective February 51. This position is essential to city operations and I recommend filling the position. The City Clerk job description is attached. The current starting salary for this position is $55,895 with a top salary of $69,178 which is based on our compensation study completed last year, A proposed timeline for recruitment: Jan. 9 Application deadline. This allows 4 weeks to submit applications after posting. Jan. 10- Jan. l I Review of Applications by the Committee. The Committee is proposed to be Diane Tiegs, Jessica Loftus, Rachel Dodge and Ron Olson. Jan. 17- 20 Interviews. I'm proposing the committee do the first and second round interviews mid - January. Jan.23 Appointment. The committee would recommend the top candidate. Feb. A start date will depend on the appointee's obligations to a current employer. Please revise the timeline, the attached job description, and job posting to fit the City Council's needs. COUNCIL ACTION REQUESTED: Consider a motion to approve the City Clerk position for advertisement. Diane Tiegs 10774108th Ave. N, Maple Grove, MN November 29, 2016 Jessica Loftus, City Administrator 2750 Kelley Parkway Orono, MN 55356 Dear Jessica: This letter is my official notification to you and to Council that my last day of work at the City of Orono will be February 5, 2017. On that day, I plan to take early retirement. I want to take this opportunity to thank you for all of the opportunities that I have experienced working for the City. Now is my time to help with family. I plan to work right up until my retirement date to assist with a smooth transition as you search for a replacement. Again, I have truly enjoyed working at the City of Orono and will miss my coworkers and our workplace a great deal. S' erely, -/y iZ--,/ Diane Tiegs CITY OF ORONO Position Title: City Clerk Document Date: January 1, 2016 Department: Administration Accountable to: City Administrator FLSA Status: Exempt Nature of Work Perform the statutory responsibilities of municipal clerk as prescribed by state law and city ordinances; oversee the operations of elections, official records management, and municipal licenses and permits. Lead the front office customer service team in the professional daily operation of City Hall. Provide exceptional service to the public and support all departments on a wide variety of projects and tasks. Supervision Received and Exercised Work is performed with limited supervision from the City Administrator. This position supervises administrative support personnel within the City including temporary administrative and election staff. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. • Responsible for records management according to MN Data Practice regulations and MN Records Retention schedule. • Respond to data requests as required under MN Data Practice regulations. • Administer preparation of the agenda and packet for board meetings and prepare the meeting minutes. • Prepare and coordinate legal publications in compliance with state statutes and local ordinances. • Direct license and permit issuance and prepare related reports for Council. The City of Orono is an Equal Opportunity Employer • Administer and supervise all elections according to State Statute, including: recruitment and training of judges, diagnostic testing and coordination of maintenance, programming and operation of hardware, establishment of precincts, organization of polling places, management of absentee ballot process, maintenance of voter registration files, organization of supplies and supervision of election day procedures and activities. • Manage regulatory functions of local elections, including: candidate filling, campaign financial reporting, certification of candidates, ballot questions and filing of election results with Hennepin County. • Manage and/or coordinate special studies and projects as requested. • Oversee specific programs for City departments, including: recycling, organics, and community activities. Prepare related grant reports and reimbursement requests. • Oversee the preparation, production and maintenance of City communications including Newsletter, Website and other informational material. • Research, assemble information and compose reports, memos and correspondence and review administrative documents for clerical accuracy. • Provide and facilitate exceptional customer service through caring, helpful, and professional contacts (in person, phone, e-mail, and in writing). • Research, design, implement and evaluate effective processes for communication including telephone and voice mail systems, e-mail, memos, bulletin boards, mail, web site, newsletters, etc. Required Knowledge, Skills and Abilities Knowledge: • Clerical Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, stenography and transcription, designing forms, and other office procedures and terminology. • English Language Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. • Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. • Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. Skills: • Reading Comprehension Understand written sentences and paragraphs in work related documents. • Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. • Speaking — Talk to others to convey information effectively. • Writing — Communicate effectively in writing as appropriate for the needs of the audience. • Coordination Adjust actions in relation to others' actions. The City of Orono is an Equal Opportunity Employer Abilities: • Oral Comprehension Able to listen to and understand information and ideas presented through spoken words and sentences. • Oral Expression — Able to communicate information and ideas in speaking so others will understand. • Written Comprehension — Able to read and understand information and ideas presented in writing. • Written Expression — Able to communicate information and ideas in writing so others will understand. • Near Vision Able to see details at close range (within a few feet of the observer). Minimum Requirements • Two (2) years post -secondary education. • Three (3) years' experience performing duties associated with the function of the City Clerk's Office. • Notary public or ability to obtain licensure. • Minnesota Municipal Clerk Certification or ability to obtain certification within 3 years. • Valid MN driver's license. Desirable Qualifications • Demonstrated knowledge and experience working with elections and records management is highly desired. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. The City of Orono is an Equal Opportunity Employer City Clerk The City of Orono is seeking candidates for the position of City Clerk. This supervisory position leads the front office customer service team and oversees the operations of elections, official records management, communication and municipal licenses/permits. Qualified candidates will have two years post- secondary education, a minimum of three years experience performing duties associated with the function of the City Clerk's Office, plus a Municipal Clerk Certification or ability to obtain certification within 3 years. Preferred candidates will have experience with elections and records management. The salary range is $55,895 to $69,178 plus a good benefit package. To ensure consideration a cover letter, writing sample, current resume and completed City application is required by January 9, 2017 to: City Administrator, City of Orono, 2750 Kelley Parkway, Orono, MN 55356. Download the employment application and job description from the City's web site at www.ci.orono.mn.us. REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 28 Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs Y"-4 City Administrator's Report Title: City Clerk Item Description: 2017 Liquor License Approval Attachments: Liquor License Application 2017 ANNUAL LIQUOR LICENSE RENEWALS: Orono Liquor Inc./DBA Narrows 3380 Shoreline Drive Orono, MN 55392 The 2017 Liquor License Applicant has submitted all the requested documents and has met all requirements. Council Action Requested: Consider a motion to approve the above listed liquor license renewal for 2017. Minnesota Department of Public Safety Alcohol. and Gambling Enforcement L445 Minnesota Street, Suite 222 slaa�,Ncee.wrot St Paul, MN 55101 651-201-7500 RENEWAL OF LIQUOR, V4WINE9 CLUB OR 3.2% LICEN 8ES Licensee: Please verify your license information contained below. Make coaections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for Ore new license period. City ClerMuuaiy Auditor are sho mquwel by M.S. 340A.404 S.3 to report any lioeme cancellation. Incense Code ONSS Liewse Period Ending 12/31/2016 lD# 2581 ISSUING AUTHORITY Orono Licensee Name Orono Liquor Inc. Trade Name Narrows Saloon City, State, Zap Code *3380 Shoreline Dr Orono Business Phone License Fees: Off Sale 9524713352 $0.00 On Sale 11AN 55392 $5,000.00 Sunday $200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be and. Sc back of this application for further information needed to complete this renewal. Ap2.h:can?s denature on this renewal confirms the follmylne: Follure to report snv of.tbte Miowilim may result in civil realties I . Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in hfinnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/couttty in flee state of Minnesota. If ever rejed&A please give details on the back of this renewal, then sign below. 3. Licensee cam&= that for the past five years it has not had a liquor license revoked for any liquor law violation (static or local). If arevocation has oom cared, please give details on the back of Oris renewal, then sign below. 4. Licensee confirm that during the past five years it or its employees have not been cited for mW civil or criminal liquor law violations. If violations have occurted, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past Rome year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Wodcers Compensation insurance will. be ]rept in effect during the lioease period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in citykounty where license is tamed. $104,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabr7ity. (3.2di liquor licenteAWMMpQf sales ap leg than V5,000 at on sale, oraw50;000 at of sale). Licensee Signature (Sigrm = certifies _late City Cledr/Comty Auditcr Signature late (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) Couity Attorney Signature bate County Board issued licensee only star 'fies lic ee is eligible forlicenw). Police/Sheriff Signature Date Signature certifies licensee or associates h b checked for y staie/local liquor law violations (aiminal/civil) during the past five years. Report violations on back then sign hers Indicate below chanM of corporate gfricerl Partnemhome addresses or tele hone numbers: Indicate below any direct or indirect interest in other Ila -nor establishments: 9 � Report below details of liquor law violations civil or crimina that have occurred within the last five ylars. (Dates, offenses fines or other penalties, Muding alcoholshies : Re ort below details iRvobARjz guy license re'ections or revocations: City/County Comments: 10/11 Fee: 11• Z t• 1 Dwv~: Saiob . a-* Rec*t #: t 14 01 t APPLICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR, WINE, CLUB AND 3.2 PERCENT MALT LIQUOR LICENSES My of Orono 2750 Kelley parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone: (952) 249 -MOO Directions: This form must be filled out with typeyofier orbyprinting in ink. If the application is by an individual person, by such person; if by a corpar Uon, 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 -§ale ($50.00) ❑ Off Sale Intoxicating ($150.00) 1. Complete the following information for the Lloensee. i Licensee (Name of Individual, Partnership, Assodation or Corporation — Legal Name of the Business Entity) I Orono Liquor DBA Narrows Saloon Business Trade Name Narrows Saloon Business Address (must be physical street address, no PO boxes) City state ZipCade 3380 Shoreline Drirre Wayzata MN 55391 Mailing Address (If different) CRY stow Zip e PO Box 36 Navarre MN 55392 Contact Marne Phone E -Mall Address 2. If the above named licensee is an individual, complete the following: Flrai Name Home Address Phone If the above named licensee Is a partnership, association, or corporation, complete the following for each partnerfoffioer: A. First a Jodie Name r ! ia•w+ � �Flonst ms Address � Name A Middle Name C.23o Co . R ct . 151 First Name Middle Name Home Address Last Name �DI %Ibtm cfty (� y Last dame city tt l�Mu.>1.�a1s 3ist Last Name City I RatP state Zip Code Ph ne hpi SSnl - me Rate of,Binh State Zip Code P ane Twe date of Birth state zip Code I Phone Page 4 Before an on-ssle intoxicating liquor license b Issued under this division to an lndhddual who Is a nonresident of the city, to more than one individual whsthwr or not they are residents of the chy, or to a corporation, partnership or assoclation, 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 ather 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 ca parity for the licensee without appointrnent 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: Flarra Wdle Name last Name Date or Birth t,a+tir+. 'Je%rsfli s -Q O S, 0 • rh► 5� zip Lule Home rens C G Phone b rL —'I Lo — 19 cn Email T 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 -today operating decisions of the premises.) No; �c _ Yes. If ves, describe the date of City Council approve (i# . .n d . _ 1^ _, , . W 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 application? (This includes any transfer of stock or change of officers or directors of a corporation.) No; X Yes. If yes, describe the date of City C ,4" ,!' t ca `gym �z 4 KJ 6. Have t ere been any other changes to the information c applications which have not been submitted to the City? If yes, describe these include floor plan. (i# required). in the original or previous renewal No; —V- Yes. 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? ?i' No; Mess. 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 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 oertify 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 answer; to the above guestions will result Indenial of the a lication. Ir -W. Jai Print Name Title I l +��],to Date Re+rie�nr by Aai��,ist tion. !e P ? VW Denied [ NA By: Revievii by'Polic�-pe�rt�tteiat: - .. . 0- Approved 0' Denied E] NA By: 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 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 Intemal 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 Li uor & Sunda LICENSING AUTHORITY: C11y of Orono Hennepin County, Minnesota LICENSE RENEWAL DATE: January 1 2017 PERSONAL INFORMATION (If applicable): Applicant's Name Applicant's Address re', � ar - LJ 111l; (FI� ) yy ❑ (Middle) -TOTS___ I'l`�94.+1 Gus f MCSel Social Security Number: BUSINESS INFORMATION (If applicable): Business Name Orono Li uors Inc. DBA Narrows Saloon �AASOV% (Last) SS331 (aty) (State) (zip) Business Address 3380 Shoreline Dr. Wayzata, MN 55391 (street) (City) (State)' (Zip) MINNESOTA TAX IDENTIFICATION NO: FEDERAL TAX IDENTIFICATION NO: nesota Tax Identificatio number is not required, please explain on the reverse side. ,�J , etc.) Page 5 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 applicable) I BUSINESS TELEPHONE NO. FAX TELEPHONE NO. 952-471-3352 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.) Orono Liquor Inc. DBA ("doing business as" or also known as an assumed name) (if applicable) Narrows saloon BUSINESS ADDRESS (must be physical street address, no PO boxes) I CITY STATE ZIP CODE 3380 Shoreline Drive i Wayzata MN 55391 COUNTY I E-MAILADRESS 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 INSURANCE COMPANY NAME (not the insurance agent) UA tom" information NAIC Number. 16,31d POLICY NO. EFFEcriveDATE 1 EXPIRATION DATE 301033.E -- 1111V1l(, 1I115I1-7 NUMBER 2 — Reason for exemption from workers' compensation insurance If you have questions regarding the need to obtain workers' compensation coverage, including exemptions, contact 651.284.5432 or 1-800-342-5354. !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. § 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, l certify that I am authorized to sign on behalf of the business. APPLICANT L- SIGNATURE�..J RE (mandatory) TITLE DATE \ t �4 f l --�t P. -I It/15/11. NOTE: YbujMu0otIfy us if there Is any change to your Workers' Compensation Insurance Information 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. htttt : .oli.mn. ov PDF mnIIC04, df LIC 04 (9/12) Page 7 A CERTIFICATE OF LIABILITY INSURANCE ifi�2s THIS CERTIFICATE IS ISSUED AS A MATTER OF WFORMAMON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(es) must be endamed. if SUBROGATION IS WAIVED, subject to the terms and candHions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate Holder in lieu of such endorsement(s . PRODUCER I?6ary Barllield corporate 4 Insurance Agency ?stn. P E (952) 893-9218 FAX 0321893-9402 7220 3fttro BoulevardADURES albanfield corporatefour.com INSUR AFFORDING COVERAGE MAIC i Edina MR 55439-2133 INSURER A :I11inOLS CaZuftltV INSURED Orono Liquor, Inc. DBA Narrows Saloon INSURER a IKSUREic: PO Box 36 INSURER D: INSURER E • Navarre MR 55392 IN$URER F: Uuvr-KAl7GS L:CK I IFIL'AI F NIIMRFR•1-7/ILS 1.2-LMnr L.grL, OF%JIQW%IkJL11IRAOCIM- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO-rWT MTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VIdTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CCNDITICNS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INOR 7YPEOFPOWRANCE AWL I&POLICY Im NUMBER EFF POLICYIM LIMITS QENERAL LY461LRY EACH OCOURRENCE $ OOMMEIRCIAL GENERAL UABI LITY CLAIM&MADE FIOCCUR SOMEMMI $ MED EXP Om ons M" S PERSONAL & ADV INJURY g GENERAL AGGREGATE $ 76wLAGGREGATELIMIT APPLIES PEFL POLICY PRG LOC PRODUCTS-COMPIOPAW $ : $ j AUTomos1LE LuBILITY MU NED 894GLE LIMIT ANY AUTO BODILY INJURY(PaTpalsala S AAUUTUS OMED � Ste® BODILY INJURY(PefaCld M i MIRED ALTTOS AUT�m PROPER71'DAMAGE $ a s UMMELLALug OCCUR EACH OCCURRENCE i EXCESS LM CUVMB MADE AGGREd4TE $ i WORKERS COMPENSATION AND EMPLOYERS' LWBILIIY Y r K ANY PROPRIETDRWARTNER01DIECUTNE OFFIGEFW MHE R p(OLUDED7 NIA 1M1ICSTATER. OTF� FS EACIiACGiDENT $ E.L. DIBEABE -13A EMPLOYE 6 Gory Ie► NH) try�ss%� �d�ewAw under DEBCRIPnON OF OPERATIONS below El. DISEASE - POUOY LIMIT S K Liquor %,.ability 9> 92 /1/2017 11/gore 1,ODD,0 Im ewKwco mum DESCRLPTION OF OPERATIONS LOCATIONS J VEHICLES (Attfth ACaRa 701, Addttlolrl Runarlo SahmWM6 Rmow spa Is "Iced) Location covered: 3380 ShoreliM Drive, Wayzata, W. dtiQgs@c1. orono .mn. uS City of Orono 2750 Kelley Parkway Orem, UK 55356 ACORD 25 SHOULD ANY OF THE AOQVE DESCRIBED POLICIES BE CANCELLED BEFORE TFM EXPIRATION DATE THEREOF. NOTICE WILL SIE DELIVERED IN ACCORDANCE Will( THE POLICY PROV15ON9. AUTHOR® REPRESENTATRM Carlson/MARYB 01988,2010 ACORD CORPORAMN. All duhts n INS026 rMirml m T%m annia 1 nmma mw 6 -inn mm mnifttamd markt of annRn REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 29 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 City Administrator's Report Title City Administrator Item Description: Liquor Violation The Orono Police Department conducts periodic compliance checks with all establishments licensed to sell tobacco and liquor within the City of Orono. When an establishment sells tobacco or liquor to a person that is not eligible to purchase these items, the City Code imposes a presumptive penalty on the licensee. Liquor Violation: On August 18, 2016 an employee of the Orono Golf Course sold intoxicating liquor to an underage person in violation of State law and Orono City Code Section 34-5 (a)(1)(a). An Acknowledgement of Violation and Sanction is attached to document that the violation occurred and impose a civil sanction in the amount of $500. Per City Code Section 34-41 the presumptive penalty for the 1st violation is $500. The City will do a transfer of funds in the amount of $500 from the Orono Golf Course. Management Comment: Alcohol training is conducted each year for Golf Course employees prior to being allowed to work. It was held on April 7th, 2016 and training is administered by the Orono Police Department. Action Requested: Consider a motion to approve the Acknowledgement of Violation and Sanction. l Proudly Serving Orono, Minnetonka Beach, Spring Park and Mound Dedicated to Faimess, Service, Pride and Quality To: City of Orono Date: August 22, 2416 Subject: Alcohol Compliance Checks On Thursday, August 18, 2016, the Organo Police Department conducted compliance checks at license holders in the City of Orono. One license holder failed the check and sold alcohol to an underage person. The following business failed the compliance check. Orono Golf Course 265 Orono Orchard Rd S Orono, MN 55391 All businesses involved were sent letters notifying them of their compliance check status. We have forwarded the results of failed compliance checks to the city attorney for review of possible charges. Sincerely, Josh Raze #526 Police Officer Orono Police Department JRJw Mailing Address: 2730 Kelley Parkway - Orono, MN 55356 Police 911 - Administration 952-249-4700 - Non -Emergency 952-258-5321 • Fax 952-476-3028 Website: http://www.ei.orono.mn.us/police KENNETH N. POTTS, P.A. Attorney at Law Chief Correy Farniok Orono Police Department P.O. Box 86 Crystal Bay, MN 55323 Dear Chief Farniok: 5101 Thimsen Avenue suite 200 MWNETONKA, MINNESOTA 55345 TELEPHONE (952) 474-4240 TELECOPIER (952) 474-0987 October 27, 2016 Re. State v. Robert Luis Howells The above-named individual appeared in Hennepin County District Court on October 26, 2016. I had a brief discussion with Mr. Howells' attorney who provided me with a letter from the City indicating the steps he would have to undergo to maintain his employment and it is my understanding his is following through on those terms and conditions. As a result, he entered.a. plea of guilty to the charge; however, I agreed that the judge could impose a stay of adjudication for a period of one year on the .condition that he commit no same or similar offenses and pay $400 in prosecution costs. Sincerely, A,eAA Kenneth N. Potts KNPIsb In Re: Liquor License Violation; Orono Golf Course CITY OF ORONO HENNEPIN COUNTY, MINNESOTA ACKNOWLEDGEMENT OF VIOLATION AND SANCTION The City of Orono acknowledges that the following liquor license violation occurred at the City of Orono Golf Course: 1. Orono Golf Course is licensed under Orono City Code Section 34-66, to operate an on -sale intoxicating liquor establishment. 2. On August 18, 2016, Robert Howells, an employee, did sell intoxicating liquor to an underage person in violation of State law and Orono City Code Section 34-5(a)(1)(a). 3. This constitutes Orono Golf Course's first liquor license violation pursuant to Orono City Code Section 34-41. 4. Copies of the Orono Police Department reports regarding this incident are incorporated into this Stipulation by reference. 5. Orono Golf Course shall pay a civil sanction in the amount of $500.00. 6. The City of Orono Golf Course employees have received training on the sale of alcohol to ensure the sale of alcohol to a minor does not occur again. CITY OF ORONO Lill McMillan, Mayor ATTEST: Diane Tiegs, City Clerk 170459 v1 REQUEST FOR COUNCIL ACTION DATE: December 12, 2016 ITEM NO: 30 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson Y"-4 City Administrator's Title Finance Director Report Item Description: Authorization to Disburse Funds for Claims Received Typically during the month of December the City has only one Council meeting. The meeting which would fall on or near the Christmas holiday is cancelled. Staff is requesting authorization to process a normal claims processing for the canceled meeting. This practice is routinely done in December with the Council then formally approving the claims at the first meeting in January of the following year. COUNCIL ACTION REQUESTED: Motion to authorize the City Treasurer to disburse city funds in payment of claims received for the December 26th council meeting which has been canceled, and that such paid claims be presented for formal approval at the January 9, 2017 council meeting. REQUEST FOR COUNCIL ACTION DATE: 12-12-16 ITEM NO: 31 Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs Y"-4 City Administrator Title City Clerk Item Description: Donation Garden License Agreement - Renewal The City of Orono entered into a license agreement with the Firehouse Donation Garden representatives which expires December 31, 2016. The purpose of the donation garden is to utilize the vacant property at 2300 Fire Station Drive to plant a garden for the purpose of donating the harvest to local food shelves and individuals in need. The renewal for the Donation Garden License Agreement is attached for Council review. Council Action Requested: Council to consider a motion to approve the renewal of the Donation Garden License Agreement. LICENSE AGREEMENT THIS LICENSE AGREEMENT is made on December 12, 2016, between the City of Orono, a Minnesota municipal corporation, whose address is P.O. Box 66, Orono, MN 55323 (the "City") and Janie Delaney, the Donation Garden representative, whose office address is - 1315 Woodhill Avenue, Wayzata, MN 55391 (the "Licensee"). 1. License to Use Property. Subject to the terms and conditions of this License Agreement, the City hereby grants to Licensee a non-exclusive license to use a portion of 2300 Fire Station Drive ("Property") for a Donation Garden under the terms and conditions specified herein. No other rights are granted or conferred upon the Licensee or those using the Donation Garden by this License Agreement. 2. Term. The term of this License Agreement shall commence upon its date of execution and end on December 31, 2017, unless terminated prior thereto as provided herein. At the expiration of the initial term, this License Agreement shall be automatically renewed for up to five (5) successive one-year terms, unless either party gives written notice to the other party of its intent to terminate this License Agreement at the end of the initial term or renewal term, as the case may be. The terms and conditions during any renewal term shall be the same as the terms and conditions during the initial term of this License Agreement. The City reserves the right to terminate this License Agreement upon ninety (90) days notice to Licensee in the event the City receives an executed purchase agreement for the Property or a portion thereof. 3. Use of Property. The Licensee shall be permitted to use the designated area of the Property for the purposes of a Donation Garden, as described in this License Agreement, and shall not use the Property for any other purposes. The Licensee shall not use the Property, or permit anything to be done in or about the Property, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation. The Licensee shall not use, generate, store, or dispose of any Hazardous Materials in or about the Property. The term "Hazardous Material" shall mean asbestos, petroleum, and any other hazardous or toxic substance, material, or waste which is, or becomes, regulated by any local governmental authority, the State of Minnesota, or the United States Government. Except as expressly allowed by the City in writing, the Licensee shall not use or allow the use of non-organic garden fertilizers, herbicides or pesticides. The Licensee shall use and keep the Property in a clean and orderly condition. At the request of the City, the Licensee shall erect signs and use other reasonable means to keep the users of the Donation Garden from interfering with the operation of the Fire Station. 4. Insurance. The Licensee agrees that prior to its use of the Property under this License Agreement that it will maintain comprehensive liability and property insurance for its use of the Property. 5. Alterations and Improvements. The Licensee shall be responsible for the following respective obligations and conditions. A. Install fencing, edging and landscaping acceptable to the City. The fencing may remain in place through the allowed five (5) successive one year renewal terms. B. Install one movable bench for seating; maximum 5' long, 3' wide, 4' high. 1577260 SMM:11/4/11 C. Weed garden and areas immediately surrounding garden and fencing, clean and maintain site. D. On-site storage of gardening materials, tomato cages and poles. E. At the end of the growing season and following harvest, remove or till under all vegetation and cover with material acceptable to City to manage erosion and to preserve the site. F. Identify the location of a minimum of two (2) parking stalls on the property. G. The size of the garden shall not exceed 100' x 100' and the location shall be adequately defined. H. If a water line and spigot are to be installed, the location must be deemed acceptable to the City. This line shall have a meter installed and the Licensee shall be responsible for all water used. 6. Prohibitions. A. The Licensee shall not make any other alterations, improvements, or installations in or to the park property or designated donation garden area without the City's prior written consent, which consent may be withheld in the City's absolute and sole discretion. B. No permanent structures: 1. Only temporary fencing allowed. 2. No buildings or structures, sheds, gazebos, farm stands, etc. 3. No picnic tables, storage bins/containers, bike racks, compost containers, lighting, or raised planting beds. C. Signage: 1. One directional sign shall be permitted. The location of the sign shall be defined and may not exceed 8" x 18". 2. One site identification sign shall be permitted; maximum 2 square feet. D. No port -a -potty facilities. E. No retail sale permitted on property. F. No use of the Property before dawn or after dusk. G. No composting on site. 7. Assignment. The Licensee shall not transfer or assign this License Agreement to any other party. 8. Default. If the Licensee violates or fails to perform any of the other conditions, covenants or agreements herein made by the City, and such default continues for five (5) days after written notice from the City, such violation or failure shall constitute an Event of Default. Upon the occurrence of an Event of Default, the City may, in addition to any other remedies 1577260 2 SMM:11/4/11 available to the City at law or in equity, immediately revoke the license granted by this License Agreement without any further notice to the Licensee. Neither the passage of time after the occurrence of the Event of Default nor the exercise by the City of any other remedy with regard to such Event of Default shall limit the City's rights under this Section. 9. Miscellaneous Governing Provisions. This License Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. No failure on the part of a party to this License Agreement to exercise, and no delay in exercising, any rights contained in the License Agreement shall operate as a waiver of such rights, nor shall any single or partial exercise of any rights hereunder preclude any other or further exercise of such rights or the exercise of any other right. The remedies provided in this License Agreement are cumulative and not exclusive of any other remedy provided by law or equity. All terms and words used in this License Agreement shall be construed to include any other number and any other gender as the context or sense of this License Agreement or of any paragraph of this License Agreement may require as if such terms or words had been fully and properly written in the appropriate number and gender. Any exhibits to this License Agreement are a part of this License Agreement. Captions are provided for convenience and ease of reference only and do not affect or modify the terms of any of the provisions of this License Agreement. All of the provisions of this License Agreement are separable, so if any provision of this License Agreement is held to be ineffective by a court of competent jurisdiction, the remaining provisions of this License Agreement shall remain in full force and effect unless the invalidated provision is so fundamental to this License Agreement that the remaining provisions do not reflect the parties' intent. This License Agreement contains the entire agreement of the parties with respect to the subject matter of this License Agreement and supersedes any and all prior agreements and understandings between the parties with respect to the same. The terms of this License Agreement have been cooperatively negotiated by and among the parties hereto, and this License Agreement shall not be construed against any party hereto as its author. Only a written instrument executed by both parties may modify this License Agreement. Time is of the essence for each and every term of this License Agreement. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. This License Agreement may be executed in counterparts and, upon execution, each counterpart shall be considered an original. CITY OF ORONO in By: Janie Delaney on behalf of The Donation Garden in 1577260 SMM:11/4/11 Lili Tod McMillan Its Mayor Jessica Loftus Its City Administrator REQUEST FOR COUNCIL ACTION Date: December 12, 2016 Item No. 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 106556 to 106644, totaling $130,107.23. Noteworthy payments include: COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. In addition to the normal uniform and equipment items this payment includes Streichers $ 11,521.66 training ammunition for use at the range and the equipment installed in a new squad. $ 1,433.85 This is the final payment for the Baldur GMH Park Road Project that was started in 2015. This bill is for the repair of our failed video $ 4,414.50 unit from earlier this year. Also included in Touchpoint Logic the charge is the rental of a temporary unit to allow meeting to be recorded while the equipment was being repaired. 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: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account ADVANCED IMAGING SOLUTIO 12/12/2016 106556 318545720 101-41900-413 ADVANCED IMAGING SOLUTIO 12/12/2016 106556 318580164 101-42110-413 ADVANCED IMAGING SOLUTIO 12/12/2016 106556 INV116485 602-49450-401 ADVANCED IMAGING SOLUTIO 12/12/2016 106556 INV116485 101-41900-401 ADVANCED IMAGING SOLUTIO 12/12/2016 106556 INV116485 101-42110-401 ADVANCED IMAGING SOLUTIO 12/12/2016 106556 INV118386 101-41900-413 Total 106556: ASPEN EQUIPMENT 12/12/2016 106557 10169600 101-43000-402 ASPEN EQUIPMENT 12/12/2016 106557 10169600 101-43000-222 Total 106557: AWWA 12/12/2016 106558 7001254790 601-49400-433 Total 106558: B. JOHN LINDAHL, JR. 12/12/2016 106559 16-3829 101-22205 Total 106559: BATTERIES PLUS 12/12/2016 106560 021-360136 101-41900-403 Total 106560: BIFFS INC 12/12/2016 106561 W618580 101-45200-415 BIFFS INC 12/12/2016 106561 W618581 101-45200-415 BIFFS INC 12/12/2016 106561 W618583 101-45210-415 BIFFS INC 12/12/2016 106561 W618584 101-45210-415 BIFFS INC 12/12/2016 106561 W618585 101-45200-415 BIFFS INC 12/12/2016 106561 W618586 101-45200-415 Total 106561: BOYER FORD & TRUCK 12/12/2016 106562 1106790 101-43000-402 BOYER FORD & TRUCK 12/12/2016 106562 32 1160790 101-43000-222 Total 106562: Description Department Invoice Amount CH -copier lease 11/20-12/20/2016 Central Services 1,319.00 pd -Copier Lease -11/20-12/20/2016 Police Department 454.12 printer 10/10/16-11/09/16 Sewer 22.00 printer 10/10/16-11/09/16 Central Services 88.09 printer 10/10/16-11/09/16 Police Department 110.08 toner shipping Central Services 12.03 Screws, Lift arm, Hitch, work lamps, adaptor Public Works Department 503.00 Underbed Box Public Works Department 1,084.00 1,587.00 01/17 -12/17 -Membership D.Goman Water 196.00 196.00 Escrow Refund -#16-3829-2468 & 2485 North Shore 2,500.00 PW Bldg Fire Control Panal Central Services 19.99 19.99 ADA, Service, HandSani Rental Oct12-Nov 02 Parks 125.71 ADA, Service, HandSani Rental Oct12-Nov 02 Parks 97.14 Reg Svcs, Service, HandSani Rental -Oct 12 -Oct 25- Golf Course 31.39 Regular Unit, Service, HandSani Rental -Oct 12 -Nov Golf Course 46.88 ADA, Service, HandSani Rental -Oct 12 -Nov 01 Parks 120.00 Reg Svcs, Service, HandSani Rental -Oct 12 -Nov 02 Parks 49.10 470.22 Truck 424 Antenna Public Works Department 29.91 Antenna Public Works Department 29.91 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount BUDGET PRINTING 12/12/2016 106563 2548 101-42110-221 Engrave Plates Police Department 12.68 BUDGET PRINTING 12/12/2016 106563 3079 101-45200-221 dog Park Hangers/Annl Pass Parks 205.80 BUDGET PRINTING 12/12/2016 106563 3231 101-42110-201 Envelopes Police Department 86.17 BUDGET PRINTING 12/12/2016 106563 3248 101-42110-240 Retractable Banner -Police Police Department 225.00 Total 106563: 529.65 BUISNESS ESSENTIALS 12/12/2016 106564 WO -247225- 101-41900-201 Office Supplies Central Services 148.98 Total 106564: 148.98 CARDMEMBER SERVICE 12/12/2016 106565 CF102416 101-42110-437 BCA Recertification -DMT -5 Officers Police Department 150.00 CARDMEMBER SERVICE 12/12/2016 106565 CF120316 101-42110-201 COffee & PaperTowels-PD Police Department 26.82 CARDMEMBER SERVICE 12/12/2016 106565 CF120616 101-42110-402 Car Wash Squad -#235 Police Department 10.00 CARDMEMBER SERVICE 12/12/2016 106565 CF120616 101-42110-311 Lexis -Nexis Monthly Svc Police Department 275.50 CARDMEMBER SERVICE 12/12/2016 106565 RO112816 101-41110-439 Food -John Work Session Mayor & Council 107.17 CARDMEMBER SERVICE 12/12/2016 106565 RO112816 101-42400-439 Food -John Work Session Building & Zoning 107.17 Total 106565: 676.66 CARGILL SALT 12/12/2016 106566 2903086614 601-49400-216 salt Water 4,684.30 Total 106566: 4,684.30 CECE S SIGNS 12/12/2016 106567 7222 101-45200-223 signs-Lurton Park Parks 250.00 Total 106567: 250.00 CEMSTONE 12/12/2016 106568 C1713475 651-49910-227 concrete for curb -2585 Lydiard Storm Water 989.00 Total 106568: 989.00 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 601-49400-381 Nov/16-Gas-10/20/16-11/18/16 Water 600.44 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 602-49450-381 Nov/16-Gas-10/20/16-11/18/16 Sewer 239.62 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 101-41900-381 Nov/16-Gas-10/20/16-11/18/16 Central Services 285.60 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 101-42110-381 Nov/16-Gas-10/20/16-11/18/16 Police Department 97.40 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 101-45210-381 Nov/16-Gas-10/20/16-11/18/16 Golf Course 50.55 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 601-49400-381 Oct/16-Gas-09/20/16-10/18/16 Water 563.18 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 602-49450-381 Oct/16-Gas-09/20/16-10/18/16 Sewer 191.76 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 101-41900-381 Oct/16-Gas-09/20/16-10/18/16 Central Services 139.11 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 101-42110-381 Oct/16-Gas-09/20/16-10/18/16 Police Department 54.73 CENTERPOINT ENERGY MAIN 12/12/2016 106569 8000015865- 101-45210-381 Oct/16-Gas-09/20/16-10/18/16 Golf Course 20.92 Total 106569: 2,243.31 CENTURY LINK 12/12/2016 106570 9524731909 101-45210-321 NOv/16-GC Phone/DSC Golf Course 217.47 Total 106570: 217.47 CHRIS FISCHER 12/12/2016 106571 CF111716 101-42110-439 Sept/Oct. WCC Lunches Police Department 20.00 CHRIS FISCHER 12/12/2016 106571 CF111716 101-42110-439 Noe. WCC Lunch Police Department 20.00 CHRIS FISCHER 12/12/2016 106571 CF111716 101-42110-439 1st Responder Training Lunch Police Department 15.00 Total 106571: 55.00 CHUNKS LAKESHORE AUTO 12/12/2016 106572 0014314 101-42110-402 #243 -Oil Change & Service Police Department 42.74 CHUNKS LAKESHORE AUTO 12/12/2016 106572 0014323 101-42110-402 #236 Replace Bettery Police Department 29.70 CHUNKS LAKESHORE AUTO 12/12/2016 106572 0014335 101-42110-402 #238 Oil change & service Police Department 42.74 CHUNKS LAKESHORE AUTO 12/12/2016 106572 0014340 101-42110-402 #245 -Oil Change & Service Police Department 45.79 CHUNKS LAKESHORE AUTO 12/12/2016 106572 0014349 101-42110-402 #242 -Oil Change & Service Police Department 42.74 Total 106572: 203.71 CLEVELAND GOLF/SRIXON 12/12/2016 106573 4728571 101-45210-095 Logo Golf balls Golf Course 164.28 Total 106573: 164.28 COLLEGE OF CONTINUINING E 12/12/2016 106574 DJGOMAN/0 101-43000-437 Reg -Shade Tree Short Course UMN-DJ Goman Public Works Department 200.00 Total 106574: 200.00 COMMERCIAL ASPHALT 12/12/2016 106575 161115 101-43000-224 Asphalt Public Works Department 1,719.49 COMMERCIAL ASPHALT 12/12/2016 106575 161130 101-43000-224 Asphalt Public Works Department 1,934.21 Total 106575: 3,653.70 CORREY FARNIOK 12/12/2016 106576 CF090116 101-42110-439 Remiburse-Sep/16-Hennepin Cnty Cheifs Mtg Lune Police Department 15.00 CORREY FARNIOK 12/12/2016 106576 CF090116 101-42110-439 Remiburse-Nov/16-Hennepin Cnty Cheifs Mtg Lune Police Department 15.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106576: 30.00 COUNTRY CAKE CUPBOARD 12/12/2016 106577 09/26/2016 101-41300-439 Joint Council/Planning Commission Work Session Administration 229.50 Total 106577: 229.50 DEPUTY REGISTRAR 11/30/2016 106355 752MHC 101-42110-402 Tabs Renewal-V#1C4RDJAG4EC301552-14 Dodge Police Department 309.00 - Total 106355: 309.00 - DIANA GUY 11/30/2016 106550 REFUND113 231-35610 Refund Seized Case#16-012389 26.00 Total 106550: 26.00 EARL F ANDERSON & ASSOC 12/12/2016 106578 0012965 -IN 101-43000-224 street signs Public Works Department 1,021.75 EARL F ANDERSON & ASSOC 12/12/2016 106578 0112574 -IN 101-43000-224 Shipping Public Works Department 42.50 EARL F ANDERSON & ASSOC 12/12/2016 106578 0112576 -IN 101-43000-224 Shipping Public Works Department 145.00 EARL F ANDERSON & ASSOC 12/12/2016 106578 0113069 -IN 101-45200-223 Lurton park Signs Parks 73.05 EARL F ANDERSON & ASSOC 12/12/2016 106578 0113090 -IN 101-41900-404 Post Office Sidewalk Markings Central Services 134.39 Total 106578: 1,416.69 ECM PUBLISHERS INC 12/12/2016 106579 385504 101-41900-352 08/15/2016 -Public Hearing Central Services 95.36 ECM PUBLISHERS INC 12/12/2016 106579 413438 101-41900-352 10/17/2016 -Public Hearing Central Services 143.04 Total 106579: 238.40 EMBEDDED SYSTEMS INC. 12/12/2016 106580 34137 101-42110-403 6 -Month siren maint 01/01/17 to 6/30/17 Police Department 1,054.32 Total 106580: 1,054.32 G & K SERVICES 12/12/2016 106581 1006169794 101-41900-401 CH Mats Central Services 10.80 G & K SERVICES 12/12/2016 106581 1006169795 101-41900-401 CH Mats Central Services 21.92 G & K SERVICES 12/12/2016 106581 1006212132 101-43000-221 mats towels Public Works Department 2.63 G & K SERVICES 12/12/2016 106581 1006212132 101-43000-226 uniforms Public Works Department 64.99 G & K SERVICES 12/12/2016 106581 1006214483 101-41900-401 CH Mats Central Services 10.80 G & K SERVICES 12/12/2016 106581 1006214484 101-41900-404 CH Mats Central Services 21.92 G & K SERVICES 12/12/2016 106581 1006223367 101-41900-404 mats towels Central Services 2.63 G & K SERVICES 12/12/2016 106581 1006223367 101-43000-226 uniforms Public Works Department 64.99 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106581: 200.68 GENUINE PARTS COMPANY/NA 12/12/2016 106582 330826 101-43000-403 Safety Warning Flag -Crosswalks Public Works Department 23.07 GENUINE PARTS COMPANY/NA 12/12/2016 106582 342033 602-49450-402 Fuel Filter -#711 Sewer 19.56 GENUINE PARTS COMPANY/NA 12/12/2016 106582 342067 101-43000-222 Voltage Tester For Lights on Tracks Public Works Department 1.99 GENUINE PARTS COMPANY/NA 12/12/2016 106582 342800 101-43000-224 oil dry Public Works Department 34.76 GENUINE PARTS COMPANY/NA 12/12/2016 106582 343126 101-42110-402 Squad Car Supplies -Wiper baldes, Connectors Police Department 121.47 GENUINE PARTS COMPANY/NA 12/12/2016 106582 343267 101-43000-402 Chipper Air Filter Public Works Department 48.00 GENUINE PARTS COMPANY/NA 12/12/2016 106582 343722 101-43000-402 Vehicle Repair Public Works Department 40.32 GENUINE PARTS COMPANY/NA 12/12/2016 106582 343727 101-42110-402 Squad Headlight Bulbs Police Department 42.95 GENUINE PARTS COMPANY/NA 12/12/2016 106582 343735 101-43000-402 Vehicle Repair Public Works Department 36.57 Total 106582: 368.69 GMH ASPHALT 12/08/2016 106645 C13.109535 435-48964-304 RFP#3 & Final Balder Park Road 175.00 GMH ASPHALT 12/08/2016 106645 C13.109535 435-20600 RFP#3 & Final Balder Park Road 1,268.85 Total 106645: 1,443.85 GOODWIN, BEN 12/12/2016 106583 2016-00129 101-22205 Escrow Refund -#2016-00129 700.00 Total 106583: 700.00 GOPHER STATE ONE CALL 12/12/2016 106584 6110626 601-49400-489 locates Water 184.95 GOPHER STATE ONE CALL 12/12/2016 106584 6110626 602-49450-489 locates Sewer 184.95 Total 106584: 369.90 GRANICUS INC. 12/12/2016 106585 81505 614-49840-329 web service 12/1-12/28/2016 Cable Franchise 549.00 GRANICUS INC. 12/12/2016 106585 81505 614-49840-329 web service 01/01-02/28/2017 Cable Franchise 1,098.00 Total 106585: 1,647.00 HENNEPIN COUNTY SHERIFF 12/12/2016 106586 1000084464 101-41600-309 Nov/16-Jail Charges Law/Legal Services 999.77 HENNEPIN COUNTY SHERIFF 12/12/2016 106586 1000084584 101-41600-309 Oct/16 Jail Charges Law/Legal Services 2,320.50 Total 106586: 3,320.27 HERC U LIFT 12/12/2016 106587 R038847 101-43000-415 Christmas Stars Installation, Banner Removal Public Works Department 1,005.37 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 11/29/2016 - 12/12/2016 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 106587: INFORMATION POLICY ANALYS 12/12/2016 106588 0000038012 101-42110-437 Law enforcement data workshop-Werder Total 106588: Department Police Department INTEGRATELECOM 12/12/2016 106589 14294906 101-42110-321 Phone service Police Department INTEGRATELECOM 12/12/2016 106589 14294906 101-41900-321 Phone Service Central Services INTEGRATELECOM 12/12/2016 106589 14294906 601-49400-321 Phone Service Water INTEGRATELECOM 12/12/2016 106589 14294906 602-49450-321 Phone Service Sewer Total 106589: INTOXIMETERS 12/12/2016 106590 548896 101-42110-240 mouthpieces Police Department Total 106590: JACKIE YOUNG 12/12/2016 106591 JY1201016 101-41300-319 CC meeting -11/14/16 Administration JACKIE YOUNG 12/12/2016 106591 JY1201016 101-41300-319 CC meeting -11/22/16 Administration JACKIE YOUNG 12/12/2016 106591 JY1201016 101-42400-319 PC meeting -11/07/16 Building & Zoning JACKIE YOUNG 12/12/2016 106591 JY1201016 101-42400-319 PC meeting -11/17/16 Building & Zoning Total 106591: JANE SZCZEPANIK 12/12/2016 106592 JS120316 101-42110-437 Meal -MSP PSF-Explorer Practice Comp Trg Police Department Total 106592: JEFF & PEGGY COTTER 12/12/2016 106593 2015-01447 101-22205 Escrow Refund -#2015-01447-2730 Pheasant Road Total 106593: KARLTON F GEMPLER 12/12/2016 106594 KG110816 101-41410-104 general election Elections KARLTON F GEMPLER 12/12/2016 106594 KG110816 101-41410-331 general election -mileage Elections KARLTON F GEMPLER 12/12/2016 106594 KG110816 101-41410-489 general election -phone Elections Total 106594: KENNETH N POTTS PA 12/12/2016 106595 NOV/16-120 101-41600-306 prosecution services-Nov/16-11/01/16-11/30/16 Law/Legal Services Page: 6 Dec 08, 2016 03:47PM Invoice A-- 1,005.37 -- 1,005.37 225.00 225.00 421.73 70.29 210.87 190.00 � nn nn 190.00 209.78 3,000.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 11/29/2016 - 12/12/2016 Page: 7 Dec 08, 2016 03:47PM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 494.00 Parks 290.00 290.00 Public Works Department 1,078.00 Total 106595: 1,078.00 Central Services 310.00 Police Department 310.00 KING LUMINAIRE 12/12/2016 106596 21229 101-43000-386 OCB Birdge Light Repairs Total 106596: 840.00 Parks 1.50 Public Works Department 3.29 L-3 COMMUNICATIONS 12/12/2016 106597 0248828 -IN 101-42110-416 MaintAgreement-08/28/16-08/27/16 Total 106597: 543.94 Police Department 3,229.85 3,773.79 LAKE MTKA CONSERVATION DI 12/12/2016 106598 120716 101-45200-441 2017 Big Island Dock App Total 106598: LANO EQUIPMENT 12/12/2016 106599 02400539 101-43000-221 bobcat rock Bucket Total 106599: LOGIS 12/12/2016 106600 42667 101-41900-401 ASA Failure LOGIS 12/12/2016 106600 42667 101-42110-401 ASA Failure LOGIS 12/12/2016 106600 42667 101-41900-401 Email Issue LOGIS 12/12/2016 106600 42667 101-42110-401 Email Issue LOGIS 12/12/2016 106600 42667 101-41900-401 Symantic Question Total 106600: LONG LAKE TRUE VALUE 12/12/2016 106601 B362278 101-45200-403 Park Bench Beaderwood LONG LAKE TRUE VALUE 12/12/2016 106601 8366879 101-43000-240 Banners & Christmas Lights LONG LAKE TRUE VALUE 12/12/2016 106601 B369025 101-41900-404 Plug In Bell/Buttons LONG LAKE TRUE VALUE 12/12/2016 106601 8369025 101-43000-226 Mesh Glove Total 106601: MANSFIELD OIL COMPANY 12/12/2016 106602 732741 101-43000-212 Diesel MANSFIELD OIL COMPANY 12/12/2016 106602 732742 101-42110-212 Fuel Total 106602: Mary Ellen Bennett 12/12/2016 106603 MEB110816 101-41410-104 Nov/16-General Election Page: 7 Dec 08, 2016 03:47PM Department Invoice Amount 3,000.00 Public Works Department 2,428.00 2,428.00 Police Department 494.00 494.00 Parks 290.00 290.00 Public Works Department 1,078.00 1,078.00 Central Services 310.00 Police Department 310.00 Central Services 55.00 Police Department 55.00 Central Services 110.00 840.00 Parks 1.50 Public Works Department 3.29 Central Services 33.99 Public Works Department 16.99 55.77 Public Works Department 543.94 Police Department 3,229.85 3,773.79 Elections 147.25 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 11/29/2016 - 12/12/2016 Page: 8 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106603: 147.25 MATTHEW BURNS 12/12/2016 106604 2015-00985 101-22205 Escrow Refund -2015-00985 & Land Use 16-3813 2,500.00 Total 106604: 2,500.00 MEDIACOM 12/12/2016 106605 0004327 -DE 101-42110-329 GC cable/Internet 11/2016 Police Department 296.75 MEDIACOM 12/12/2016 106605 0004327 -DE 101-41900-329 GC cable/Internet 11/2016 Central Services 296.75 MEDIACOM 12/12/2016 106605 0004327 -DE 614-49840-329 GC cable/Internet 11/2016 Cable Franchise 593.50 Total 106605: 1,187.00 MET COUNCIL ENVIRONMENTA 11/30/2016 106551 SAC-OT/16 101-20802 Oct/16-SAC 4,970.00 Total 106551: 4,970.00 MET COUNCIL ENVIRONMENTA 11/30/2016 106464 0001060861 602-49450-383 Dec/2016-Wastewater service Sewer 32,877.48 - MET COUNCIL ENVIRONMENTA 11/30/2016 106464 SAC-OCT/16 101-20802 Sac-Oct./16 4,970.00 - Total 106464: 37,847.48 - MET COUNCIL ENVIRONMENTA 11/30/2016 106552 0001060861 602-49450-383 Dec/2016-Wastewater service Sewer 32,877.48 Total 106552: 32,877.48 METRO WEST INSPECTIONS S 12/12/2016 106606 OCT/161122 101-42400-310 Oct/16 Inspection Services Building & Zoning 7,711.50 Total 106606: 7,711.50 MINNEAPOLIS OXYGEN COMPA 12/12/2016 106607 00000373 101-42110-221 oxygen & acetylene Police Department 25.11 MINNEAPOLIS OXYGEN COMPA 12/12/2016 106607 00000374 101-42110-221 oxygen Police Department 41.85 MINNEAPOLIS OXYGEN COMPA 12/12/2016 106607 00000375 101-42110-221 oxygen Police Department 5.27 Total 106607: 72.23 MINNESOTA EQUIPMENT 12/12/2016 106608 P52026 651-49910-402 repair John deere tractor -Unit #450 Storm Water 88.94 Total 106608: 88.94 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount MINNESOTA PIPE & EQUIPMEN 12/12/2016 106609 0371363 601-49400-227 curb box Riser, Stationary rod, T -handle wrench, Water 796.67 MINNESOTA PIPE & EQUIPMEN 12/12/2016 106609 0371479 601-49400-227 curb box Riser, Stationary rod Water 490.80 MINNESOTA PIPE & EQUIPMEN 12/12/2016 106609 0371537 601-49400-227 Return curb box Riser, Stationary rod Water 500.90 - Total 106609: 786.57 MN DEPT OF AGRICULTURE 12/12/2016 106610 20107415-20 101-43000-433 Tree Care registry DJ Goman-20107415-Jan-Dec 2 Public Works Department 25.00 Total 106610: 25.00 MN DNR OMB 12/12/2016 106611 1999-6038 101-45210-441 Golf Course water Permit Golf Course 195.75 Total 106611: 195.75 MORRIES PARTS AND SERVICE 12/12/2016 106612 01031F6CS4 101-42110-402 #237 -Oil Change & Service Police Department 140.00 MORRIES PARTS AND SERVICE 12/12/2016 106612 01031F6CS4 101-42110-402 #237 -Check Engine Light/Reapir Spark Plug & Was Police Department 379.63 Total 106612: 519.63 MOUND TRUE VALUE 12/12/2016 106613 140071 101-42110-240 Cleaning Wipes, Wrist Coil, Screw, nuts, bolts Police Department 17.55 MOUND TRUE VALUE 12/12/2016 106613 140167 101-42110-221 HD Connector, Vinyl Plug, Velcro Police Department 12.48 Total 106613: 30.03 NAVARRE HARDWARE 12/12/2016 106614 298398 101-43000-240 Mark Paint Public Works Department 5.49 NAVARRE HARDWARE 12/12/2016 106614 298684 101-41900-223 Snow Removal Big Supplies -CH & PD Central Services 83.94 NAVARRE HARDWARE 12/12/2016 106614 298815 101-43000-240 Pry Bars Public Works Department 21.98 NAVARRE HARDWARE 12/12/2016 106614 298815 101-41900-223 Scoops For Ice Bite Central Services 23.94 NAVARRE HARDWARE 12/12/2016 106614 298889 101-41900-223 Alk Battery Central Services 14.99 Total 106614: 150.34 NEWEGG INC 12/12/2016 106615 1202297041 101-41900-416 Adobe Licenses Central Services 449.00 NEWEGG INC 12/12/2016 106615 1202306630 101-41900-221 Mouse Central Services 12.88 Total 106615: 461.88 NOVA COMMUNICATIONS 12/12/2016 106616 105467 101-41900-401 update voicemail scripts Central Services 45.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 11/29/2016 - 12/12/2016 Page: 10 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106616: 45.00 OFFICE DEPOT 12/12/2016 106617 8742936140 101-42110-240 Folder, Tabs, Tissues, Monitor Riser & Stand Police Department 124.06 Total 106617: 124.06 OTTEN BROTHERS 12/12/2016 106618 1-1469933 601-49400-405 top soil Water 120.00 Total 106618: 120.00 PAETEC 12/12/2016 106619 68651639 601-49400-321 Water Plant Phone Water 55.74 Total 106619: 55.74 PAUL VOGSTROM 12/12/2016 106620 2015-00946 101-22205 Escrow Refund -#2015-00946 1151 North Arm Dr. 2,500.00 Total 106620: 2,500.00 PERRYS TRUCK REPAIR 12/12/2016 106621 16642 231-45650-436 Tow/Honda Scooter 149.10 Total 106621: 149.10 PRAIRIE RESTORATIONS INC 12/12/2016 106622 4930 234-45680-319 Lurton Park Plant Mgmt 367.50 Total 106622: 367.50 RANDYS SANITATION INC 12/12/2016 106623 249 101-41900-404 PW Yard & Brushsite Debris Removal Central Services 143.00 RANDYS SANITATION INC 12/12/2016 106623 249 101-43000-404 PW Yard & Brushsite Debris Removal Public Works Department 143.00 RANDYS SANITATION INC 12/12/2016 106623 NOV/16-1-24 101-41900-404 Nov/16-Trash Service Central Services 256.71 RANDYS SANITATION INC 12/12/2016 106623 NOV/16-1-24 101-45210-404 Nov/16-Trash Service Golf Course 27.23 Total 106623: 569.94 RDO EQUIPMENT 12/12/2016 106624 134427 101-43000-403 chipper Knifes Public Works Department 223.36 Total 106624: 223.36 RITEWAY BUSINESS FORMS 12/12/2016 106625 16-85456 101-41900-201 laser checks & envelopes Central Services 155.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106625: 155.00 SCHWAAB INC 12/12/2016 106626 1659023 101-41900-201 stamp pads Central Services 61.41 Total 106626: 61.41 SELECTACCOUNT 12/08/2016 106488 1164096 101-41900-319 Oct./16-participant fee Central Services 85.50- SELECTACCOUNT 12/08/2016 106488 1167504 101-41900-319 Nov/16-participant fee Central Services 85.50- SELECTACCOUNT 12/08/2016 106488 38306036 101-21719 Nov/16-Flex 208.34- SELECTACCOUNT 12/08/2016 106488 38311231 101-21719 11/22/2016 FLEX 55.00 - Total 106488: 434.34- SELECTACCOUNT 12/12/2016 106627 116096 &116 101-41900-319 Oct./16-participant fee Central Services 85.50 SELECTACCOUNT 12/12/2016 106627 116096 &116 101-41900-319 Nov/16-participant fee Central Services 85.50 SELECTACCOUNT 12/12/2016 106627 38306036 101-21719 FLEX 208.34 SELECTACCOUNT 12/12/2016 106627 38311231 101-21719 11/22/2016 FLEX 55.00 SELECTACCOUNT 12/12/2016 106627 38313304 101-21719 11/29/16 flex 385.14 SELECTACCOUNT 12/12/2016 106627 38315409 101-21719 12/06/2016 FLEX 929.70 Total 106627: 1,749.18 SERVICEMASTER CLEANING 12/12/2016 106628 J014147 602-49450-406 Water Mitigation Sewer 1,704.85 Total 106628: 1,704.85 SIMPLEX GRINNELL 12/12/2016 106629 83146899 101-43000-404 Service Call -Battery Connector Loose Public Works Department 128.00 Total 106629: 128.00 STEVE ELLIOT 12/12/2016 106630 2015-01193 101-22205 Escrow Refund -#2015-01193 1400 Baldur Park Rd 10,000.00 Total 106630: 10,000.00 STREICHERS POLICE EQUIP 12/12/2016 106631 11234456 101-42110-228 Practice Ammo, Tactical Bonded JSP Police Department 5,037.97 STREICHERS POLICE EQUIP 12/12/2016 106631 11234658 101-42110-226 Unifrom Shirt & Vest Police Department 79.98 STREICHERS POLICE EQUIP 12/12/2016 106631 11234688 101-42110-550 Squad #246 Police Department 5,876.82 STREICHERS POLICE EQUIP 12/12/2016 106631 11235046 101-42110-226 Cold Gear, Name Tag, Embroidery, Alteration-T.Dat Police Department 133.95 STREICHERS POLICE EQUIP 12/12/2016 106631 11236416 101-42110-226 Buckle -J. Szczepanik Police Department 5.99 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount STREICHERS POLICE EQUIP 12/12/2016 106631 11236611 101-42110-226 Holster, Traffic, Weapon Light, Traffic Wand, Flashlig Police Department 322.97 STREICHERS POLICE EQUIP 12/12/2016 106631 11238143 101-42110-201 Battery Police Department 63.98 Total 106631: 11, 521.66 SUN LIFE FINANCIAL 12/06/2016 106553 12062016 101-21710 Life Insurance NOV 1,141.45 SUN LIFE FINANCIAL 12/06/2016 106553 12062016 101-21713 LTD NOV 1,362.63 SUN LIFE FINANCIAL 12/06/2016 106553 12062016 101-21714 STD NOV 392.51 Total 106553: 2,896.59 SUN LIFE FINANCIAL 12/06/2016 106554 12072016 101-21710 Life Insurance NOV 1,141.45 SUN LIFE FINANCIAL 12/06/2016 106554 12072016 101-21713 LTD DEC 1,362.63 SUN LIFE FINANCIAL 12/06/2016 106554 12072016 101-21714 STD DEC 392.51 Total 106554: 2,896.59 SWANSON HOMES 12/12/2016 106632 2015-01430 101-22205 Escrow Refund -#2015-01430 4645 St. Andrews Str 2,500.00 Total 106632: 2,500.00 TOUCHPOINT LOGIC LLC 12/12/2016 106633 4226 703-49960-379 Troubles Shooting/Equipment Rental 4,414.50 Total 106633: 4,414.50 TOXALERT 12/12/2016 106634 18556 101-41900-404 Make Up Air System Central Services 826.00 Total 106634: 826.00 TRI CITY LAB 12/12/2016 106635 NOV/16 601-49400-489 P/ATotal Coliform Water 31.50 Total 106635: 31.50 UNITED FARMERS COOPERATI 12/12/2016 106636 37048 101-43000-489 LP Cylinder Public Works Department 31.98 Total 106636: 31.98 UNIVERSITY OF MINNESOTA 12/12/2016 106637 ORONO1129 101-43000-437 Snow & Ice Material Application Trg-A Edwards Public Works Department 250.00 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Check Check Invoice Invoice GL Account Payee Issue Date Number Number Total 106637: 12/12/2016 106640 9768227030 VANGUARD CLEANING SYSTE 12/12/2016 106638 49219 VANGUARD CLEANING SYSTE 12/12/2016 106638 49219 Total 106638: 9768227030 651-49910-240 VERIZON WIRELESS VARNER MOBILE SERVICES LL 12/12/2016 106639 5238 VARNER MOBILE SERVICES LL 12/12/2016 106639 5239 VARNER MOBILE SERVICES LL 12/12/2016 106639 5239 Total 106639: 101-45210-321 VERIZON WIRELESS 12/12/2016 101-41900-407 Janitorial service 101-42110-407 Janitorial service 101-43000-402 602-49450-402 651-49910-402 VERIZON WIRELESS 12/12/2016 106640 9768227030 602-49450-240 VERIZON WIRELESS 12/12/2016 106640 9768227030 601-49400-240 VERIZON WIRELESS 12/12/2016 106640 9768227030 651-49910-240 VERIZON WIRELESS 12/12/2016 106640 9774860959 101-42110-321 VERIZON WIRELESS 12/12/2016 106640 9774860959 101-41900-321 VERIZON WIRELESS 12/12/2016 106640 9774860959 101-45210-321 VERIZON WIRELESS 12/12/2016 106640 9774860959 601-49400-321 VERIZON WIRELESS 12/12/2016 106640 9774860959 602-49450-321 VERIZON WIRELESS 12/12/2016 106640 9774860959 101-43000-415 Total 106640: WATER CONSERVATION SVC IN 12/12/2016 106641 7154 Total 106641: WESTSIDE WHOLESALE TIRE 12/12/2016 106642 779716 Total 106642: Description Department Invoice Amount 250.00 Central Services 1,435.50 Police Department 1,039.50 2,475.00 DOT repairs Public Works Department 225.16 Fuel Filter, Supplies, Repairs Sewer 109.40 Fuel Filter, Supplies, Repairs Storm Water 109.40 522403515 101-42110-381 443.96 PW Asset Mgmt Ipads Sewer 1,068.25 PW Asset Mgmt Ipads Water 1,068.25 PW Asset Mgmt Ipads Storm Water 1,068.25 Cell Phone -10/7-11/06/2016 Police Department 1,417.86 Cell Phone -10/7-11/06/2016 Central Services 154.11 Cell Phone -10/7-11/06/2016 Golf Course 73.96 Cell Phone -10/7-11/06/2016 Water 70.02 Cell Phone -10/7-11/06/2016 Sewer 70.02 Cell Phone -10/7-11/06/2016 Public Works Department 35.01 601-49400-405 leak locate report-Aug/16 101-43000-402 Truck#425 Supplies XCEL ENERGY 12/12/2016 106643 522403515 101-41900-381 Electric -9/22/16-10/24/16 XCEL ENERGY 12/12/2016 106643 522403515 101-42110-381 Electric -9/22/16-10/24/16 XCEL ENERGY 12/12/2016 106643 522403515 101-42110-381 Electric -9/22/16-10/24/16 XCEL ENERGY 12/12/2016 106643 522403515 101-43000-381 Electric -9/22/16-10/24/16 XCEL ENERGY 12/12/2016 106643 522403515 101-43000-386 Electric -9/22/16-10/24/16 XCEL ENERGY 12/12/2016 106643 522403515 101-45200-381 Electric -9/22/16-10/24/16 Water 1,568.00 1,568.00 Public Works Department 403.22 403.22 Central Services 1,688.57 Police Department 1,168.14 Police Department 34.54 Public Works Department 145.92 Public Works Department 2,083.91 Parks 35.25 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 11/29/2016 - 12/12/2016 Dec 08, 2016 03:47PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount XCEL ENERGY 12/12/2016 106643 522403515 601-49400-381 Electric -9/22/16-10/24/16 Water 5,633.44 XCEL ENERGY 12/12/2016 106643 522403515 602-49450-381 Electric -9/22/16-10/24/16 Sewer 2,676.89 XCEL ENERGY 12/12/2016 106643 522403515 101-45210-381 Electric -9/22/16-10/24/16 Golf Course 478.52 Total 106643: 13,945.18 ZIESMER, TODD 12/12/2016 106644 TZ1108016 101-41410-104 Nov/16-General Election Elections 76.00 Total 106644: 76.00 Grand Totals: 130,107.23