HomeMy WebLinkAbout08-23-2021 Council PacketAgenda
Council Meeting
Monday, August 23, 2021 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us
The public is invited to address the council regarding any item on the regular agenda. If your topic is not
on the agenda, you may speak during the Public Comments section.
Roll Call
Pledge of Allegiance
Approval of Agenda
Consent Agenda
1. City Council Meeting Minutes of August 9, 2021
2. Council Work Session Minutes of August 9, 2021
3. Claims/Bills
4. Approval to Accept Donation
5. Tonkawa Phase II Forcemain Replacement – Change Order and Pay Request
6. LA20-000075 – Brian & Anne Huisman, 1121 North Arm Drive – Vacation of Right of Way –
Resolution No. 7212
7. Subordination Agreement Related to Pond and Other Stormwater Features at 1485 Sixth Avenue
North – Agreement
8. LA21-000047 – MATCOM: Mark Matasocsky o/b/o Temple Israel of Minneapolis, 645 Tonkawa
Road, Variances – Resolution No. 7213
9. Parks and Golf Course Superintendent Appointment
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.
Presentation
10. Long Lake Waters Association
Finance Director Report
Community Development Report
11. LA21-000048 – Courtney Paulsen, 1090 Wildhurst Trail, Variances
Parks and Golf Course Report
12. Golf Course Event Request For Funds
City Attorney Report
City Administrator/Engineer Report
Agenda
Council Meeting
Monday, August 23, 2021 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us
Mayor/Council Report
Adjournment
Upcoming Events
2021
09-05-21 Official Holiday, City Offices Closed
09-06-21 Park Commission Meeting, Tuesday, 6:00 p.m.
09-13-21 Council Work Session, Monday, 5:00 p.m.
09-13-21 City Council Meeting, Monday, 6:00 p.m.
09-20-21 Planning Commission Meeting, Monday, 6:00 p.m. (Richard F. Crosby II)
09-27-21 Council Work Session, Monday, 5:00 p.m.
09-27-21 City Council Meeting, Monday, 6:00 p.m.
10-04-21 Park Commission Work Session, Monday, 6:00 p.m.
10-11-21 Council Work Session, Monday, 5:00 p.m.
10-11-21 City Council Meeting, Monday, 6:00 p.m.
10-18-21 Planning Commission Meeting, Monday, 6:00 p.m. (Aaron Printup)
10-25-21 Council Work Session, Monday, 5:00 p.m.
10-25-21 City Council Meeting, Monday, 6:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
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Page 1 of 13
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, City Council Members Matt Johnson, Aaron Printup, Richard F. Crosby III; City Council
Member Victoria Seals was absent. Representing Staff were City Attorney Soren Mattick, City
Administrator/Engineer Adam Edwards, Public Works Superintendent David Goman, Finance Director
Ron Olson, Community Development Director Jeremy Barnhart, and City Planner Melanie Curtis.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF JULY 26, 2021
2. COUNCIL WORK SESSION MINUTES OF JULY 26, 2021
3. CLAIMS/BILLS
4. APPROVAL OF PARK GUN CLUB ANNUAL PERMIT
5. APPROVAL OF RENTAL LICENSE
6. PUBLIC WORKS FACILITY UTILITY AWARD
7. APPOINTMENT OF PUBLIC WORKS MAINTENANCE WORKER
8. APPROVAL TO PURCHASE TRUCK AND COMPONENTS
9. EAST LONG LAKE TRAIL PROJECT (20-029) – PAY REQUEST NO. 4 – FINAL
10. LA21-000045 – REVISION LLC, 4535 NORTH SHORE DRIVE, VARIANCE –
RESOLUTION NO. 7209
11. LA21-000042 – MOHEGAN HANSEN ARCH O/B/O CBS MN PROPERTIES, LLC, 2060
WAYZATA BLVD WEST, MASTER DEVELOPMENT PLAN APPROVAL, ZONE
CHANGE, AND PRELIMINARY PLAT – RESOLUTION NO. 7207
This item was removed from the Consent Agenda.
12. LA21-000040 – CITY OF ORONO TEXT AMENDMENT RELATED TO DOCK
LICENSING – SUMMARY ORDINANCE NO. 260, THIRD SERIES.
13. LA21-000046 – CITY OF ORONO, COMPREHENSIVE PLAN AMENDMENT #6 –
RESOLUTION NO. 7210
Crosby would like to pull Consent Agenda item 11 for discussion per Johnson’s recommendation.
Crosby moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
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ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
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Page 2 of 13
PUBLIC COMMENTS
Laureen Darling, 1719 Fagerness Point Road, has lived in Orono for over 42 years, she loves the City and
her neighbors. However, over the past two months there has been a parking problem on Fagerness Point
Road of which she has pictures. There is a parade of cars that are overnight, a front-end loader parked
there for three days and nights, cars and trucks, and she has a hard time getting out of her driveway. She
noted someone hit one of the cars that used Ms. Darling’s driveway as a turn and there is glass all over
and police were called. Ms. Darling believes there are two houses that are responsible for the parking
issue. People are also using the corner by the stop sign as a drop off for their junk, there was a king-size
mattress which made it difficult to see traffic coming. They also turned that area into large mud holes and
said it is not a good first impression when friends come over to see the large parking lot and dumpster, as
well as the mud holes. She is asking if something can be done such as no parking signs, and perhaps the
City can fix up those pot holes across the street.
Mayor Crosby asked Ms. Darling to introduce herself to D.J. Goman, the Public Works Superintendent,
and he can talk to her about some of these things.
FINANCE DIRECTOR REPORT
Finance Director Olson gave an update and noted they spoke a lot about budget at the work session and
he does not have anything additional to report.
COMMUNITY DEVELOPMENT REPORT
11. LA21-000042 – MOHEGAN HANSEN ARCH O/B/O CBS MN PROPERTIES, LLC, 2060
WAYZATA BLVD WEST, MASTER DEVELOPMENT PLAN APPROVAL, ZONE
CHANGE, AND PRELIMINARY PLAT – RESOLUTION NO. 7207
Barnhart said at the last City Council meeting, Staff was directed to draft a resolution of approval
establishing a specific elevation for the building height elevation calculation. This project was the original
site of an office/townhome development and the Applicant proposed using the grades prior to that project
being graded in 2006. He put together an exhibit and showed it on screen demonstrating highest existing
grades on the site. He walked the Council through previous calculations versus current, mass impacts, and
the direction from the Council on using the highest existing grade of 1,024 prior to the development. He
is looking for direction and whether the Council would like any changes.
Johnson asked for this to be removed as he was not at the previous Council meeting. He clarified the
highest existing grade is 1,018 and the lowest is 1,002 and they would add 10 feet to that which is 1,012.
By strict interpretation of the Code, 1,012 is the number for this project, but the Staff’s recommendation
was to use 6 feet higher than that to work with the application based on the overall length of the building
over the grade level. The Code reads 1,012, Staff proposed an exception of 1,018 and he noted the
additional fact that this is to be a pitched roof and they agreed to use a flat roof. To Johnson, using the
existing highest grade of 1,018 is a more reasonable response to the application. Using the pre-
development numbers, it concerns him that they would be setting precedent. Johnson proposes that they
change the application to be approved with the other Staff recommendations and an elevation of 1,018
versus the 1,022 that was approved.
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ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
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Page 3 of 13
11. LA21-000042 – MOHEGAN HANSEN ARCH O/B/O CBS MN PROPERTIES, LLC, 2060
WAYZATA BLVD WEST, MASTER DEVELOPMENT PLAN APPROVAL, ZONE
CHANGE, AND PRELIMINARY PLAT – RESOLUTION NO. 7207 – Continued
Mayor Walsh finds this as a unique example that this site was graded for a project that never happened. It
did not seem too much of a stretch to say “this was the hill that was there” and he does not think many
will come forward in a similar situation. He thinks they discussed it pretty well and that is why they
moved it forward.
The Applicant noted on the exhibit where the ground is curving down, the previous developer cut over 12
feet of grade out of that bottom side; therefore the 1,024 carried out throughout the site, it was not a drop
as shown on screen. The previous applicant had dug this out for a walkout situation and the current
Applicant is not using this for a walkout but are filling it so it is level with the first floor. He noted the
pre-development highest point was 1,026 and they used 1,024 as an average.
Printup hoped to make it clear that they would not set precedent and would not be looking back 50 years
as to what the terrain “used to be” in future decisions.
Crosby noted it is a special circumstance.
Printup moved, Crosby seconded, to approve LA21-000042, 2060 Wayzata Blvd West, Master
Development Plan Approval, Zone Change, and Preliminary Plat – Resolution No. 7207 as
submitted. VOTE: Ayes 3 (Crosby, Printup, Walsh), Nays 1 (Johnson).
14. LA21-000029 – ROBERT ERICKSON, 365 WESTLAKE ROAD., STREET VACATION –
RESOLUTION NO. 7211
Robert Erickson, Applicant, was present.
Staff presented a summary packet of information. Barnhart noted Mr. Erickson is requesting to vacate a
portion of Westlake Street adjacent to his property. Originally the request included a proposal to vacate a
portion of an alley but that request was removed. In exchange for the vacation Mr. Erickson proposes to
plat the remainder of the partial cul-de-sac, provide a drainage and utilities easement for existing public
utilities in the area, and provide a $100,000 cash donation to the City. In review of this, the City received
a number of comments, generally in support of the vacation, however many of these individuals did not
support Staff’s recommendation of a pedestrian access to the lake. Staff suggests with the vacation there
be a pedestrian access to the lake in the future. During the public hearing at the Planning Commission one
resident spoke in opposition of the vacation request as proposed. Staff is supporting the vacation because
they believe the public interest can be maintained with the easements for the drainage and utility with the
pedestrian access to the lake. It also provides the City an opportunity to complete the cul-de-sac on
Westlake. The Planning Commission did not support the vacation because they had some challenges with
the improvement costs to the cul-de-sac and whether that $100,000 would support that type of
improvement.
Mr. Erickson stated this application brings with it by far the most generous proposal for a fire lane
vacation that the City has received. In addition to the $100,000 cash donation, he is offering land for the
cul-de-sac valued at $44,000 based on the 4% of the current parcel value, plus an additional piece of land
at 341 Westlake Street 10 feet by 150 feet for additional road width valued at $9,000 for a total value of
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ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
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Page 4 of 13
14. LA21-000029 – ROBERT ERICKSON, 365 WESTLAKE ROAD., STREET VACATION –
RESOLUTION NO. 7211 – Continued
$153,000. He showed a photo on screen of cattails 8 feet high and noted the access has not been used in
the 18 years he has lived there because it is unusable. The water depth in the area is in inches and the
bottom consists of silt and muck, and the vegetation is too dense for any human activity. Mr. Erickson
said the best thing they can do for this neighborhood is to accept the donation and the land so that
neighbors can benefit from an appropriate terminal for the safe and convenient reversal of traffic. At the
same time, Orono residents can enjoy lake access improvement in a more appropriate location. To
accomplish this, item #4 in the findings of fact for the approval of the vacation needs to be deleted. It
states that Mr. Erickson approves of a 20-foot right-of-way to the lake for public access; he stated he has
never approved of that and it is not a fact. In its place, Mr. Erickson suggests language such as: the
Applicant agrees to provide the east ten feet of lots 4, 5, and 6 (Block 2, Hillside Park) as a boulevard
reserve.
Jim White, 3516 Ivy Place, said there is no public purpose here, this is simply a land sale creating another
lakeshore lot. Second, the DNR has review of this for a reason. When this law was passed in the late
1960’s and early 1970’s it was because City Councils all over Minnesota were giving insiders public
property – specifically lakeshore – all over the State. He noted people would be on the City Council one
day, the Planning Commission the next, and all of a sudden “Bill had a deal with his pal.” He noted some
were contributors, some were neighbors, and some were relatives, so the State changed the rules about
that. He stated when these things are done, they must be for a very specific and important reason. Mr.
White noted they have about 33 of these in Orono and if they start getting tipped over, what will happen
to all the public accesses, and is there a real public purpose here? He said those are ethical issues, and all
of that land is entirely wetland which is not to be disturbed without a good purpose. Mr. White has
watched people dredge swamps and the lake quality falls apart; he stated no one has a clue as to what this
development will be, and one does not get rid of or tear off a piece of the property before they know the
whole picture. This property is large enough that one ought to know that first and if one does not, then
their standards are too low. He said when these things change, they change for everyone for a long time
and the public purpose has to be “sold” first. He believes this will come back to bite them and told the
City Council to be careful.
Mayor Walsh asked Mr. White if he is trying to sell Mr. Erickson any land to get his support. In other
words, is he trying to sell Mr. Erickson any land and then he would support it.
Mr. White replied there is no land sale on his side of it.
Gabriel Jabbour, 985 Tonkawa Road, wants to give some background. Mr. Erickson hired Len Levine
who is a former DOT Commissioner to change the highway to benefit him, and he went to Washington
D.C. and got Mr. Oberstar to try to interfere with MnDOT. Mr. Jabbour met with Mr. Erickson at that
time and told him that he is really holding 125 families hostage until they determine where the corridor is
and neither Orono or Long Lake was interested in his proposal.
Mayor Walsh asked what that has to do with anything as it seems like hearsay.
Mr. Jabbour replied records would show Mr. Erickson was the first to testify in public comments. Mr.
Jabbour asked to finish without interruption and noted he met with Mr. Erickson who made a proposal
that he would withdraw all of his objections if they vacate that. He said that is not hearsay, it is a fact, and
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14. LA21-000029 – ROBERT ERICKSON, 365 WESTLAKE ROAD., STREET VACATION –
RESOLUTION NO. 7211 – Continued
Mr. Jabbour told him that would not happen. Life went on, and Mr. Jabbour noted he and Mayor Walsh
locked horns badly and subsequently tried to figure out in their own way to do good for the City. Mr.
Jabbour said Mr. Erickson was an only donor to Mayor Walsh in 2016. Mr. Jabbour is not accusing
Mayor Walsh of any wrongdoing, as the Mayor was kind enough to decide to run his campaign at his own
expense. Secondly, Mr. Erickson had himself appointed on the Comprehensive Plan Committee and for
the first year in 50+ years the group decided to strike the language prohibiting vacating any of those
parcels of land. Mr. Jabbour said before that, in October 2014, Mr. Erickson reached out to him through
Attorney Peter Johnson to have a meeting about Mr. Erickson buying a piece of land from Mr. Jabbour or
to have a way to facilitate this vacation. Mr. Jabbour dodged Mr. Erickson because he was taking boats
out and said he would do it in December. At that time, Mr. Jabbour decided not to do it. He called Peter
Johnson earlier today and asked if he recalled any conversation about selling land and Mr. Johnson
replied he could not see Mr. Jabbour selling the land as that is not his theory of public purpose. Mr.
Jabbour noted he spent 7-figures on City issues and he does not have to hustle a guy for $2.50. He noted
he has never in the last 25 years sold any land besides Big Island. He thinks the City Council should think
twice about who is selling land to Mr. Erickson. Mr. Jabbour does not appreciate Mr. Erickson’s
standards of morality to be broadcast on Mr. Jabbour as he is different, unique, and unusual. Regarding
the application, he asked the City Council to remember the first thing on the agenda was to sell Big Island
and second was to get rid of the docks. Today, this City Council embraces Big Island, invests in Big
Island, asks the Senator to bring State money to Big Island, and Mr. Jabbour helped and is helping today.
Things change and cities should think 5 years, 20, 50, and 100 years – when he testified in front of the
legislators to preserve some land, Big Island, Maxwell Bay, Gray’s Bay, he physically got money and did
those projects and told them if they are not careful, the only way they would see Lake Minnetonka is
through the historical society and in the theater. Passive enjoyment of the lake is profoundly important
and it is going to get to the point that they have such dense houses that people have to drive miles to be
able to see it. Is Mr. Jabbour selling land to Mr. Erickson? No. Mr. Jabbour bought that land to help the
City and there was a person who spent 5-10 years giving a hard time to his girlfriend and they can ask
Bruce Anderson who was there at the time – Mr. Jabbour bought him out, bought his boat, helped the
City get out of the mess they were in for the noise from Fletcher’s and Mr. Jabbour still owns the land and
never thought about selling it. He tried to use it as a safe crossing for snowmobiling in that channel and
the City has an appellate court order on it not to have docks. If the City would change its mind, that land
would be full of docks. How can Mr. Jabbour convince the City Council that he is not prostitute towards
financial gain?
Mayor Walsh replied besides the innuendo and hyperbole, he has not heard a lot of things about why this
application is a problem for Mr. Jabbour. Mr. Jabbour is correct that when the Comprehensive Plan came
up, Mr. Erickson was one of a number of people on the Committee because they wanted people who
understood all of the language and how the process works. Basically, the City took everyone as they
wanted everyone to have eyes on it. Years ago, one thing that was very frustrating was when the Comp
Plan said one could not do anything even though for 150 years around Orono there are weird little roads,
dead ends, and platted subdivisions in the middle of lakes; they changed that specifically so they could
look at each individual issue that comes up on its own merit. It is interesting to hear for this one today,
and noted the City has probably done 6 of these in the past 12 months so Mr. Jabbour has obviously
missed the other 6 but were all evaluated on their own merits – some of them worked and some did not.
Everyone at least has the opportunity to come and ask to see if it makes sense. He thinks the City Council
is pretty thoughtful on how they judge that and noted they are no just looking to get rid of land but if they
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ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
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14. LA21-000029 – ROBERT ERICKSON, 365 WESTLAKE ROAD., STREET VACATION –
RESOLUTION NO. 7211 – Continued
have a whole bunch of accesses and it doesn’t make sense and they can do public benefit by making
things better, that is what their role is.
Mr. Jabbour begged the Mayor to consider that they do not know what the future holds. They had
phenomenal brand recognition called Orono and had people donating.
Mayor Walsh noted people are knocking the City’s doors down to get into Orono right now and that has
not changed.
Mr. Jabbour noted they have donated land to the City – the former Governor’s father donated 350 acres,
Lurton did that, it is a one-way vault to the City not out of the City. It also hurts to see, and critical of
Staff, he does not see any mention of the comment of the DNR in the Resolution. He noted there are three
ex-mayors here having a hard time with this and the person who spoke at the Planning Commission
meeting was the Chair of the Watershed District. He stated they need to believe that these people are
motivated by what is good for the greater community and it is not about trying to buy or sell land from
Mr. Erickson. He noted this was brought to his attention by Mr. White after the Planning Commission
meeting or Mr. Jabbour would probably have never thought of it. He really thinks that Mr. Erickson has
not been helpful to the cause of Orono but has held selfish interests that have hurt a lot of people.
Mayor Walsh noted that is still hyperbole and does not have anything to do with the actual subject at
hand.
Mr. Jabbour apologized and stated perhaps he drifted a bit. However, projecting gain on Mr. Jabbour is
not helpful.
Mayor Walsh likes to know the facts and the agendas going on behind-the-scenes.
Mr. Jabbour replied the agenda is preservation of public land and allowing the great-great-grandchildren
to see the lake and use the lake.
Mayor Walsh thinks they all agree with that same sentiment but they are looking to clean things up when
it makes sense to do so.
Mr. Jabbour noted they built a great City and Mayor Walsh is riding on the wave that was made. He is
asking the City Council to rise to the occasion and really let it go and change the Comprehensive Plan
back to what it was because he said it will become a campaign issue.
Mayor Walsh replied that is fine and telling people they cannot do anything is not appropriate.
Mr. Jabbour stated a ten-degree correction in mid-course is always important.
Mayor Walsh stated it is a two-way street.
Linda Thrasher, 356 Westlake Street, commented that she has lived in the area for 9 years and has never
once seen anyone trying to enter the lake, noting the City Council saw the photo and suggested leaving it
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14. LA21-000029 – ROBERT ERICKSON, 365 WESTLAKE ROAD., STREET VACATION –
RESOLUTION NO. 7211 – Continued
as it is. She is completely supportive of what Mr. Erickson is trying to do as it will actually beautify the
street as it is ugly and a mess right now. Secondly, Ms. Thrasher said as changes happen to everyone’s
neighborhoods, they are hampered by dozens of delivery vehicles and her yard is unfortunately the
turnaround yard, therefore lights are broken, landscaping is ruined, and she would love to see a solution
that benefits all of them. If Mr. Erickson takes care of this area much like he has his current property, Mr.
Thrasher can assure the City Council it will be gorgeous.
Wade Kram, 340 Westlake Street, said he and his wife have been there 5-6 years and have 3 small
children. If one starts putting public access in there, they may get pathways into there and noted one
cannot really get in there as it is. He asked if the City will go in and cut down the vegetation…if they
don’t put the public access then it stays beautiful and getting rid of the black top and putting a nice cul-de-
sac helps beautify that street. Mr. Kram noted it is a tiny little street and to put another public access when
there is one around the corner, one on North Arm, one on Maxwell Bay; it does not seem to make sense to
him.
Crosby asked to go back to the map to see the closest public access.
Barnhart showed the public accesses on screen and pointed out the subject property as number 14. He
noted the one right around the block is noted as no public access in the Comp Plan. It was identified
during the Planning Commission meeting that while there are 5 accesses on Stubbs Bay, one is winter
only and two are no public access so it is not as wide-open as one might expect.
Printup said when fire lanes and public accesses come up, he always says he does not want to give away
any City land and he has maintained that. However, sometimes it does make sense and there have been a
couple before the City Council. Regarding this one, Printup does not like giving up the fire lanes or the
City property, but this is one of those unique ones.
Crosby stated visiting the property in person gives a very different perspective: this is an area that,
although it might be called a public access, no one has been accessing this whatsoever. Similar to Crystal
Bay Road, this is cleaning up areas and to Crosby this is an area that needs to be cleaned up. There is no
proper turnaround for emergency vehicles at the end of the street, it would help the neighborhood overall,
and Crosby thinks it is a big improvement.
Mayor Walsh noted part of the reason they look at these is to see if it makes the streets safer and better for
the public good and he said Mr. Erickson would be donating land and money and the City can take that
money and do a whole bunch of greater public good in access points on the lake, working with the Parks
Commission. He can see it going both ways but, in the end, there are more positives in cleaning it up
because there are two accesses around the corner already.
Printup is the only one on the City Council that does not live on the lake and he wants to be able to go ice
fishing on the lake and the access has never been identified by anyone he knows.
Johnson said similar to the Forest Bay vacation, he was not in favor of doing that but it was on a cliff and
no one could use it; if they received donations, they could use those to better utilize some of the existing
accesses. He would like the City to do a better job with the ones they can create access to. He is not a
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ORONO CITY COUNCIL MEETING
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14. LA21-000029 – ROBERT ERICKSON, 365 WESTLAKE ROAD., STREET VACATION –
RESOLUTION NO. 7211 – Continued
proponent of vacating usable accesses and had a couple questions. What role does the DNR play in
vacations.
Barnhart noted the City is required to give them 60 days to provide a comment and then they provide a
recommendation which is included in the packet. He has not seen one where the DNR supports a
vacation.
Johnson stated regarding the statement that one should know what the whole plan is, that is a good
question and they can ask Mr. Erickson what the plan is. Another comment was that no one uses it and
therefore no one will ever use it – he cannot agree with that.
Rob Howells, 1423 Park Drive, asked to speak on the vacation on Forest Lake and wants the City to be
aware that after they vacated it, there was a boat fire of a 25-foot Chris-Craft that went up in flames and it
took at least 15 minutes for anyone to get there. He noted the guy had to jump off the boat and fortunately
there was another boater that picked him up out of the cold water (in the spring). For a Sherriff to get
there from Spring Park Bay, it will take at least 15 minutes; Forest Lake has no emergency access at all.
He has spoken with Barnhart and there are a couple identified but there is not any access to Forest Lake
Bay. He noted Johnson said to sell it for $30,000 and if Mr. Erickson wants to sell it for $100,000, what
will they do going forward, have a bidding war? The next person will say $150,000…but he asked
Attorney Mattick what is the cost of the lawsuit when no one can come down to help someone that has
had an accident.
Attorney Mattick is not aware of a City being sued for lack of public access.
Mr. Howells is saying they will be because now there is no public access to Forest Lake Bay.
Attorney Mattick replied to be candid, how are people accessing through that wetland right now? Part of
the analysis would be whether they are really giving up an access point for a boat there. He understands
that debate and clarified what the Statute says about vacating properties is that they find that there is no
interest of the public in that property and they can fairly look at how it has historically been used, any
future plans, or any existing needs they may have. Would the Sherriff’s department be able to use the
existing access point – Attorney Mattick does not know that this is apples-to-apples – he does not know
the answer to that.
Mr. Howells said in regards to Stubbs Bay there are other accesses. He is saying to the Council that going
forward, this needs to be researched because nobody could get down there to help. He noted this poor
man was sitting in the boat with burns all over his body and was in the hospital for 10 days.
Johnson thinks he is bringing up a good point: before vacating they must look at some of the long-term
consequences, although he does not think the example in Forest is a good one because before the decision
was made to vacate that one, he went there as it was a cliff and the fire department would not be able to
get down there. However, when they are looking at others they want to be conscious of how they might
be used, he agrees, and thinks Mr. Howells is bringing up a good point.
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Page 9 of 13
14. LA21-000029 – ROBERT ERICKSON, 365 WESTLAKE ROAD., STREET VACATION –
RESOLUTION NO. 7211 – Continued
Crosby asked if a fire truck would have been able to get down that access point embankment on Forest
Lake.
Mr. Howells replied if it was maintained, the road was accessible where a dump truck could get down
there, but as the two neighbors indicated, they just let it grow over. He can say unequivocally that there is
no way to get into Forest Lake.
Crosby said from his 10 years of fire experience, he will say that it is very difficult with a boat fire. He
said it is like people on Big Island - if there is a fire – they need to be armed with fire extinguishers, first
aid gear, and proper life jackets. He noted by the time the water patrol or fire department gets there it is
probably half over. Most people will be rescued by another boater or jet-ski rather than one coming from
land. He does think there have been some good points brought up tonight about diverting some of the
dollars over to other access points that are viable and improve those.
After a short break, Robert Erickson, Applicant, shared his plans and stated over a year ago he appeared
before the Planning Commission and the City Council with a sketch plan that was well-received at the
time. He would take the property he has at 365 Westlake Street, combine it with the vacated property, and
make it into one new lot which would eliminate the subdivision done in 1910 known as Hillside Park. His
expectation is that the older house would be removed and a newer house built with the goal of bringing
that piece up to the standard of his house across the street, another house at 364 Westlake Street (whose
owner sent an email in favor of the proposal), and the Thrasher’s house. He noted there were some older
cabins/houses there that had sewers that went right into the lake and he has everything all connected to
sewer the way it is supposed to. Mr. Erickson said the concept first came to him as he was looking for a
site around Lake Minnetonka and noticed that in many lake areas in Orono and other cities, the houses on
the lake tend to be at a higher level with newer houses and older houses that have been fixed up. Many
times on the same street, there are other houses that do not have lakeshore and are not as well-maintained
and have a completely different look. His hope for Westlake Street is if he buys some of the smaller
cottages and puts it together in a way to have a more uniform development on both sides of the street, it
kind of defies the rules of economics. Mr. Erickson knew that going in and that is why he does not expect
to make any money on this deal; however, his goal is primarily to improve the neighborhood and
ultimately have a new house on Lot 1 Block 1 of the subdivision. He also has a rental house at 341
Westlake Street which eventually he assumes would be offered for sale to a builder and would make a
good new home site as well. He is doing his best to bring up the level of the neighborhood and that is his
plan.
Printup moved, Crosby seconded, to approve 365 Westlake Road., Street Vacation – Resolution No.
7211 subtracting No. 4. VOTE: Ayes 4 (Printup, Crosby, Walsh); Nays 1 (Johnson).
15. LA21-000047 – MATCOM: MARK MATASOVSKY O/B/O TEMPLE ISRAEL OF
MINNEAPOLIS, 645 TONKAWA ROAD, VARIANCES
Mark Matasovsky, Applicant, was present.
Staff presented a summary packet of information. Curtis shared that Camp TEKO is requesting lake
setback and 75-foot hardcover variances in order to reconstruct their existing boat building/shed shown on
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 10 of 13
15. LA21-000047 – MATCOM: MARK MATASOVSKY O/B/O TEMPLE ISRAEL OF
MINNEAPOLIS, 645 TONKAWA ROAD, VARIANCES – Continued
the left on screen with a small footprint and height expansion as well as make changes to their lake
boardwalk configuration within the 75-foot setback. In 2019 they received approval of a concept Master
Plan and Temple Israel, Camp TEKO’s owner, has since engaged a new architectural firm and are
planning to implement the Master Plan in phases. The boat building was not part of the original Master
Plan approval nor was it shown on those plans; the boardwalk changes and reconstruction of the boat
building require hardcover and lake setback variances due to their locations and changes would result in a
hardcover increase in 226.5 square feet within the 75-foot setback. The rebuilt building within the 75
would be used to house life jackets, paddles, and other lake-use accessories and provide a place for shelter
and safe harbor in case of inclement weather. The improvements to this building are intended to provide
additional storage capacity, a reworked configuration to open the space up to allow better visibility for
chaperones to view the children on the lakeshore and increased floor area to allow better access for
individuals in wheelchairs to be able to maneuver in and out of the building. The owner’s revised
narrative was included in the packet and the Applicant is present to discuss. In July the Planning
Commission held a public hearing and discussed variances, voting 6-0 on a motion to partially approve
the request. They did not support the increase in the building size but did support the hardcover variance
and to not allow more building in the area but to allow more boardwalk hardcover. They have not
received public comments on the application. Staff recommends approval of the hardcover and lake
setback variances to accommodate the changes to the boardwalk, improving the safety and allowing for
better accessibility. Staff did not identify practical difficulties supporting the building expansion
requested and are seeking direction from the Council.
Mark Matasovsky, owner’s representative for Temple Israel, feels a little bad for not doing a better job at
the Planning Commission and he wishes they had been more prepared. They received funding in 2019
and a lot of it was for American Disabilities Act (ADA) funding. At the very edge of the 75-foot setback
the City approved a building at the top of the stairs which has been taken out of the plan and they will just
use the existing boy scout buildings there to create changing rooms. On the waterfront they are creating
paths that will allow wheelchairs down on the beach and right now the boat building is very important for
equipment and does not get closer to the waterfront at all. Practical difficulties are having an accessible
building with accessible staff access and they cannot back the building up because of the embankment.
The Applicant is very willing to say if the property ever sells, they would remove the building before the
sale but having that accessibility and ability to have staff close to the waterfront is very important. He
asked for some way to work this out so they can have what they need. These children will always be
Kindergarten through second grade and disabled as those are the clients they serve.
Mayor Walsh noted the minute they do this, people will start coming in saying they need more hardcover
to access their building by the water. He has no problem with the ramp trail for accessibility but any
hardcover beyond that they must take care of out of the 75-foot setback. He noted the Council has told
people they can refurbish a building within the same footprint but cannot move it somewhere else.
The Council discussed the bluff setback, the ramp, and staying out of the 75-foot setback.
Printup asked if it would matter if the square footage of the building gets reconfigured in the 0-75.
Mayor Walsh noted they have told everyone they must keep the same footprint in the same exact spot.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 13
15. LA21-000047 – MATCOM: MARK MATASOVSKY O/B/O TEMPLE ISRAEL OF
MINNEAPOLIS, 645 TONKAWA ROAD, VARIANCES – Continued
Printup remembers a woman who wanted to reconfigure her deck and they said she can do whatever she
wants with the shape as long as she keeps it within the square footage.
Barnhart noted that was regarding average lakeshore setback (ALS).
Mr. Matasovsky said the biggest practical difficulty is a wheelchair being able to turn around in the
building within the shape that it is currently. He appreciated that the Planning Commission allowed them
to have a seasonal deck around the building which allowed them to wheel the chairs across the sand to get
to the dock, but to have a cover over it and store the life safety equipment is very important.
Johnson asked where ADA comes into play, for example with Big Island.
Mayor Walsh said if it is public access it comes into play. He noted they have people come in with kids
with problems or aging parents.
Johnson asked about the deck they did on Long Lake and the Applicant wanted to expand his deck in
exchange for removing the hardcover, all within the 0-75.
Curtis noted a portion of the house was within the 0-75.
Johnson stated this building is so close to the lake it is harder to allow any expansion of it.
Mr. Matasovsky said Watershed District was out and the building is above the height and they would not
even require a permit for it.
Mayor Walsh stated the Council could possibly look at this project the same way as the project with the
house in the 0-75 setback.
Curtis said if they can craft findings that are specific to this property and the specific use, that it is not a
residential use property.
Johnson noted they could table it and the Applicant could come back with a proposal of other things they
are doing on site for different changes.
Crosby said in removing other things in the 0-75 it gives some flexibility.
Attorney Mattick likes the idea if they are going to swap things out, to give them a moment to look at it.
The Council suggested Mr. Matasovsky go back and look at what they could eliminate in exchange, for
example, removal of the cabin.
Curtis stated removal of the cabin looks like it would be a gain for the City.
Johnson moved, Crosby seconded, to table LA21-000047, 645 Tonkawa Road, Variances.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 12 of 13
15. LA21-000047 – MATCOM: MARK MATASOVSKY O/B/O TEMPLE ISRAEL OF
MINNEAPOLIS, 645 TONKAWA ROAD, VARIANCES – Continued
Loren Schoenzeit, 480 Forest Landing, thinks adding the ADA facility close to the lake for the camp is
important and if there is a way to find the structural coverage in this location and perhaps trade with the
cabin, he thinks that would be valuable to the City. If they push the building back too far it does not serve
its safety purposes and he is sure they do not want the Applicant taking thousands of yards out of the hill
to put it at lake grade. It seems like there is a reasonable compromise to be able to get an ADA structure
for safety near the lake and the hill represents the practical difficulty of the building site.
VOTE: Ayes 4, Nays 0.
CITY ATTORNEY REPORT
Attorney Mattick had nothing to report.
CITY ADMINISTRATOR/ENGINEER REPORT
Edwards had nothing to report.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Barnhart stated they received a dock license for one of the dock sites on Big Island and they are working
through that and Attorney Mattick is working on confirming ownership and ability to provide/issue a
license.
Johnson asked to make a mental note that when they do a fee schedule for the following year to do a year
in review on Big Island to make sure the City’s costs are covered. They should assess their depreciation
schedule on that dock as it may not last as long and the City should bear no expense to providing that
privilege out there.
Barnhart noted they are also working through the Navarre parking lot process and there is a virtual Q&A
on August 12, 2021. Finally, they received the application for Shoreline Estates final plat at 1700
Shoreline Drive, the Jacobs’ property.
Mayor Walsh noted it is still in lawsuit so he does not think anything will happen anytime soon.
Attorney Mattick does not think so and said they are not prohibited from it but that they want to wrap
things up.
MAYOR/COUNCIL REPORT
Johnson played in the Herb Brooks Memorial Golf Tournament, closed on their house in Orono, and they
are excited about that.
Crosby stated they had an awesome National Night Out going to various parties and visiting neighbors.
He wished Mayor Walsh and Attorney Mattick a happy birthday. He noted a lot was said about Orono
tonight and the City was a great place to move to and now it is an outstanding place to move to, and this
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 13 of 13
MAYOR/COUNCIL REPORT – Continued
has happened because of Mayor Walsh’s leadership and this Council. The changes made in the City have
been fantastic and a lot of credit goes to Mayor Walsh. Crosby is proud of him and wishes him all the
best.
Printup asked if the suggestion from Camp TEKO of tearing down the building if they ever sell the land is
legal.
Attorney Mattick does not know the answer, and he took it to mean that the property would be
encumbered with certain restrictions on salability and that is an assumption.
Mayor Walsh thanked the Council for their happy birthdays and had a great time at National Night Out.
Printup noted it was a great Corn Days Weekend.
ADJOURNMENT
Printup moved, Crosby seconded, to adjourn the meeting at 7:45 p.m. VOTE: Ayes 4, Nays 0.
ATTEST:
_____________________________________ _______________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
Council Work Session
Monday, August 9, 2021
5:00 P.M.
Orono Council Chambers,
2780 Kelley Parkway, Orono, MN 55356
PRESENT: Mayor Dennis Walsh, Council Members Aaron Printup, Matt Johnson and Richard F.
Crosby II. Staff members present were City Administrator/Engineer/Public Works Director Adam
Edwards, Finance Director Ron Olson, Public Works Superintendent DJ Goman and Community
Development Director Jeremy Barnhart.
Meeting started: 5:00 p.m.
1. Budget Discussion - Revenue
Finance Director Ron Olson presented the 2022 Revenue budget to the City Council. He
explained some increases which included the addition of Spring Park Public Works
agreement, additional grant proceeds related to Toward Zero Deaths grant program, and
the contracted increases the city will see from the police service contracts. Olson noted
the property tax levy is a major revenue source for the General Fund and that the General
Fund tax levy is increasing by approximately 5.1%. This is the amount needed to balance
the draft expenditure budget. Olson also visited other revenue funds and expectations of
those to come for 2022.
Adjourned: 5:40 p.m.
CITY OF ORONO:
ATTEST: ________________________________
Dennis Walsh, Mayor
_________________________________
Anna Carlson, City Clerk
AGENDA ITEM
Prepared By: RJO Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of this action item is to approve payment of claims made on the City for
services and/or products provided to the City.
2. Background. The attached claims for payment have been received by the City. Staff has reviewed
the claims and is recommending approval of the listing for payment. The claims will be paid by checks
116936 to 117024, totaling $433,162.88.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
#116990 Minnesota
Topsoil
$12,960.00
Payment for the grinding and hauling away of wood at the
brush site.
#117020 Watchguard
Video
$79,018,12
Squad and Body Cam hardware and installation.
#117001 Oertel Architecs
$13,392.50
Payment for architectural services for the new public works
building.
4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims
list as presented.
COUNCIL ACTION REQUESTED
Motion to approve the claims list as presented.
Exhibits
A. Check Register
Item No.: 3 Date: August 23, 2021
Item Description: Claims/Bills
Presenter: Ron Olson
Finance Director
Agenda
Section:
Consent Agenda
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
YAMAHA MOTOR CORP.08/10/2021 116860 01-241878 101-45210-415 GOLF CART RENTAL Golf Course 1,650.00-
YAMAHA MOTOR CORP.08/10/2021 116860 747801 101-45210-415 GOLF CART LEASE Golf Course 1,647.00-
YAMAHA MOTOR CORP.08/10/2021 116860 747861 101-45210-415 GOLF UTILITY CART RENTAL Golf Course 295.00-
Total 116860:3,592.00-
UNITED STATES POSTAL SERVI 08/10/2021 116936 08102021 602-49450-322 7/21 UTILITY BILLS Sewer 339.17
UNITED STATES POSTAL SERVI 08/10/2021 116936 08102021 651-49910-322 7/21 Utility Bills Storm Water 339.16
UNITED STATES POSTAL SERVI 08/10/2021 116936 081021 601-49400-322 Water 339.17
Total 116936:1,017.50
ICMA RETIREMENT TRUST 45 08/20/2021 116939 08122021 101-21705 457 - 08/12/2021 1,691.00
Total 116939:1,691.00
MN STATE RETIREMENT-HCSP-08/20/2021 116940 08122021 101-21718 PEHSCP - 8/12/2021 2,626.45
Total 116940:2,626.45
NATIONWIDE RETIREMENT 08/20/2021 116941 08122021OB 101-21705 OBRA - 8/12/2021 639.46
NATIONWIDE RETIREMENT 08/20/2021 116941 08122021RO 101-21705 ROTH - 08/12/2021 175.00
NATIONWIDE RETIREMENT 08/20/2021 116941 08122021US 101-21705 457 - 08/12/2021 930.00
Total 116941:1,744.46
PUBLIC EMPLOYEES RETIREM 08/20/2021 116942 08122021 101-21704 PERA 07/26/21-08/08/21 39,076.02
Total 116942:39,076.02
STATE OF MN DEFERRED COM 08/20/2021 116943 08122021 101-21705 457 - 08/12/2021 1,770.00
Total 116943:1,770.00
PAYCHEX 08/23/2021 116944 1563289 710-49970-416 KIOSKS X3 75.00
Total 116944:75.00
Advance Auto Parts 08/23/2021 116945 583703 701-49800-221 HOUR METER UNIT 858 52.79
Advance Auto Parts 08/23/2021 116945 6974-423248 701-49800-221 TRAILER PLUG 22.78
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 116945:75.57
BIFFS INC 08/23/2021 116946 W823806 101-45200-415 BEDERWOOD PARK Parks 160.00
BIFFS INC 08/23/2021 116946 W823807 101-45200-415 SUMMIT BEACH Parks 160.00
BIFFS INC 08/23/2021 116946 W823808 101-45200-415 SUMMIT BEACH Parks 170.00
BIFFS INC 08/23/2021 116946 W823809 101-45210-415 ORONO GOLF COURSE Golf Course 85.00
BIFFS INC 08/23/2021 116946 W823810 101-45200-415 CRYSTAL BAY PLAYGROUND Parks 85.00
BIFFS INC 08/23/2021 116946 W823811 101-45200-415 NAVARRE PLAYGROUND Parks 160.00
BIFFS INC 08/23/2021 116946 W823812 101-45200-415 FRENCH CREEK PRESERVE Parks 85.00
BIFFS INC 08/23/2021 116946 W823813 101-45200-415 LURTON PARK Parks 85.00
BIFFS INC 08/23/2021 116946 W823814 101-45200-415 BRUSH SITE Parks 85.00
BIFFS INC 08/23/2021 116946 W823815 101-45200-415 PUBLIC WORKS BUILDING Parks 85.00
Total 116946:1,160.00
BOLTON & MENK INC.08/23/2021 116947 0273646 602-16500 21-014 2021 SANITARY SEWER REHABILITATION 579.00
BOLTON & MENK INC.08/23/2021 116947 0273647 101-43280-304 LA21-000014 ORONO CROSSING Special Services 284.00
BOLTON & MENK INC.08/23/2021 116947 0273648 101-43280-304 LA18-000072 PENCE LANE Special Services 189.00
BOLTON & MENK INC.08/23/2021 116947 0273649 101-43280-304 LA20-000030 ORCHARD CREEK Special Services 1,065.00
BOLTON & MENK INC.08/23/2021 116947 0273650 101-43280-304 LA21-000042 EAGLE RIDGE Special Services 213.00
BOLTON & MENK INC.08/23/2021 116947 0273651 101-42400-304 PLAN REVIEW 990 HERRITAGE LANE Building & Zoning 142.00
BOLTON & MENK INC.08/23/2021 116947 0273652 601-16500 21-021 TONKAWA FORCEMAIN REPLACEMENT 3,318.00
BOLTON & MENK INC.08/23/2021 116947 0273655 602-49450-305 GIS MAINTENANCE SEWER Sewer 500.00
BOLTON & MENK INC.08/23/2021 116947 0273655 601-49400-305 GIS MAINTENANCE WATER Water 375.00
BOLTON & MENK INC.08/23/2021 116947 0273655 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 375.00
BOLTON & MENK INC.08/23/2021 116947 0273655 101-43170-305 GIS MAINTENANCE GENERAL Engineering 930.00
BOLTON & MENK INC.08/23/2021 116947 0273656 101-45200-404 BEDERWOOD PARK BOUNDARY SURVEY Parks 1,858.00
BOLTON & MENK INC.08/23/2021 116947 0273657 435-48974-304 2021 STREETS IMPROVEMENTS 21-001 21,006.00
BOLTON & MENK INC.08/23/2021 116947 0273659 225-16500 20-029 EAST LONG LAKE TRAIL 126.00
BOLTON & MENK INC.08/23/2021 116947 0273660 602-16500 21-019 LS15 GERENATOR SURVEY 2,228.00
BOLTON & MENK INC.08/23/2021 116947 0273661 602-16500 21-039 PW FACILITY UTILITIY DESIGN 3,837.00
BOLTON & MENK INC.08/23/2021 116947 0273662 601-16500 WALTERS POINT MAIN REPLACEMENT 21-022 777.00
Total 116947:37,802.00
Capital One Trade Credit 08/23/2021 116948 3282182210 101-45200-223 PARKS SUPPLIES Parks 16.05
Total 116948:16.05
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CAPITOL BEVERAGE SALES L.P 08/23/2021 116949 2577099 101-45210-091 BEER FOR RESALE-GOLF COURSE Golf Course 98.50
Total 116949:98.50
CARDMEMBER SERVICE 08/23/2021 116950 CF - 081021 101-42110-439 MEETING EXPENSE Police Department 22.00
CARDMEMBER SERVICE 08/23/2021 116950 CF 073021 B 101-42110-402 CAR WASH 261 Police Department 15.00
CARDMEMBER SERVICE 08/23/2021 116950 CF 080221 - 101-42110-402 CAR CARE ITEMS Police Department 31.96
CARDMEMBER SERVICE 08/23/2021 116950 CF 080421 101-42110-439 MEETING EXPENSE Police Department 27.57
CARDMEMBER SERVICE 08/23/2021 116950 CF 080421 Ji 101-42110-439 MEETING EXPENSE Police Department 48.90
CARDMEMBER SERVICE 08/23/2021 116950 CF 080621 C 101-42110-240 MISC TOOLS FAS FIELD DAY Police Department 2.99
CARDMEMBER SERVICE 08/23/2021 116950 cf 080621 C 101-42110-228 FAS TRAINING SUPPLIES Police Department 18.73
Total 116950:167.15
CARGILL SALT 08/23/2021 116951 2906409281 101-43000-224 TREATED ROAD SALT Public Works Department 2,223.47
Total 116951:2,223.47
CHUNKS LAKESHORE AUTO 08/23/2021 116952 0017423 101-42110-402 SQUAD MAINTENANCE Police Department 380.48
CHUNKS LAKESHORE AUTO 08/23/2021 116952 0017436 101-42110-402 SQUAD MAINTENANCE Police Department 57.45
Total 116952:437.93
CITY OF ST PAUL 08/23/2021 116953 IN45683 101-42110-437 TRAINING Police Department 300.00
Total 116953:300.00
CITYVIEW PLUMBING & HEATIN 08/23/2021 116954 114677665 601-49400-405 SOUTH WATER PLANT PLUMBING REPAIRS Water 964.14
Total 116954:964.14
COMMERCIAL ASPHALT 08/23/2021 116955 210630 101-43000-224 ASPHALT Public Works Department 1,092.47
COMMERCIAL ASPHALT 08/23/2021 116955 210731 101-43000-224 BLACKTOP PATCHING Public Works Department 1,222.69
Total 116955:2,315.16
CONTINENTAL RESEARCH CO 08/23/2021 116956 0028341 101-41900-223 WINDOW CLEANER Central Services 171.00
Total 116956:171.00
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CORE & MAIN 08/23/2021 116957 p293861 601-49400-227 CURB STOP SUPPLIES Water 1,121.02
Total 116957:1,121.02
Dakota Unlimited, Inc 08/23/2021 116958 LA21-000049 101-34420 REFUND DUP PERMIT 275.00
Dakota Unlimited, Inc 08/23/2021 116958 LA21-000049 101-22205 REFUND DUP PERMIT 700.00
Total 116958:975.00
DAVID GUTERMUTH 08/23/2021 116959 08192021 101-22205 ESCROW REFUND - 2017-01498 2665 CASCO 10,000.00
Total 116959:10,000.00
DENALI CUSTOM HOMES 08/23/2021 116960 08192021 101-22205 ESCROW REFUND - RPS19-000153 1,000.00
Total 116960:1,000.00
Donald & Heidi Haberman 08/23/2021 116961 08192021 101-22205 ESCROW REFUND - RPS19-000153 9,000.00
Total 116961:9,000.00
Dunkley, William & Sue 08/23/2021 116962 08192021 101-22205 ESCROW REFUND - Z20-000036 1,000.00
Total 116962:1,000.00
E.J. MAYERS INC 08/23/2021 116963 88 602-49450-406 FLUSHING CONNECTION REPAIR Sewer 3,000.00
Total 116963:3,000.00
EARL F ANDERSON & ASSOC 08/23/2021 116964 0127127-IN 101-45200-223 SIGNS Parks 113.45
Total 116964:113.45
ECM PUBLISHERS INC 08/23/2021 116965 847000 101-41900-352 PARK-GC SUPER ADVERTISEMENT Central Services 120.00
ECM PUBLISHERS INC 08/23/2021 116965 848238 101-45210-340 GOLF COUSE SEASONALS Golf Course 192.00
Total 116965:312.00
Emergency Medical Products Inc 08/23/2021 116966 2274985 101-42110-221 MEDICAL SUPPLIES Police Department 769.16
Emergency Medical Products Inc 08/23/2021 116966 2275004 101-42110-221 MED GLOVES Police Department 210.90
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 116966:980.06
FASTENAL 08/23/2021 116967 MNPLY1303 101-43000-226 ICE CLEATS Public Works Department 1,846.50
Total 116967:1,846.50
GENUINE PARTS COMPANY/NA 08/23/2021 116968 3270-514828 101-42110-402 SQUAD MAINTENANCE Police Department 160.49
GENUINE PARTS COMPANY/NA 08/23/2021 116968 3270-514832 101-42110-402 SQUAD MAINTENANCE Police Department 18.00-
GENUINE PARTS COMPANY/NA 08/23/2021 116968 3270-514981 101-42110-402 SQUAD MAINTENANCE Police Department 34.56
GENUINE PARTS COMPANY/NA 08/23/2021 116968 3270-515102 101-42110-402 SQUAD MAINTENANCE Police Department 142.49
Total 116968:319.54
GOPHER ACE 08/23/2021 116969 7264/1 601-49400-227 GALV NIPPLES Water 5.78
GOPHER ACE 08/23/2021 116969 7284/1 602-49450-227 NUTS / BOLTS Sewer 13.60
GOPHER ACE 08/23/2021 116969 7298/1 602-49450-227 NUTS / BOLTS Sewer 7.00
GOPHER ACE 08/23/2021 116969 7308/1 101-43000-224 DRILL BIT Public Works Department 9.98
GOPHER ACE 08/23/2021 116969 7329/1 701-49800-221 HOUR METER MOUTING BOX UNIT 858 11.88
GOPHER ACE 08/23/2021 116969 7336/1 101-43000-224 NUTS / BOLTS Public Works Department 8.97
GOPHER ACE 08/23/2021 116969 7437/1 101-43000-224 PRUNER FOR TRIMMING BRUSH Public Works Department 19.99
GOPHER ACE 08/23/2021 116969 7458/1 101-43000-224 PAINT SUPPLIES Public Works Department 11.55
GOPHER ACE 08/23/2021 116969 7513/1 101-43000-489 KEYS PW, ROOM SPRAY Public Works Department 23.72
Total 116969:112.47
GOPHER STATE ONE CALL 08/23/2021 116970 1070652 601-49400-489 SPLIT DISTRIBUTION Water 490.05
Total 116970:490.05
GREAT LAKES COCA-COLA 08/23/2021 116971 3587209537 101-45210-092 BEVERAGES FOR CONCESSIONS Golf Course 651.14
GREAT LAKES COCA-COLA 08/23/2021 116971 3609214316 101-45210-092 BEVERAGES FOR CONCESSIONS RESALE-GC Golf Course 224.48
Total 116971:875.62
HENNEPIN COUNTY INFOR TE 08/23/2021 116972 1000169528 101-43000-414 RADIO LEASE Public Works Department 270.05
Total 116972:270.05
HENNEPIN COUNTY TREASUR 08/23/2021 116973 1000169465 101-41600-309 JAIL CHARGES Law/Legal Services 2,206.65
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 116973:2,206.65
INDAHL, DENNIS 08/23/2021 116974 2021-08 999-10015 REFUND FINAL BILL - OVERPAYMENT 102.62
Total 116974:102.62
Inter City Water & Sewer Co 08/23/2021 116975 07/29/21 101-32590 REFUND - PERMIT SWP21-000036 50.00
Inter City Water & Sewer Co 08/23/2021 116975 07/29/21 101-20802 REFUND - PERMIT SWP21-000036 1.00
Total 116975:51.00
Jeffrey Gossen 08/23/2021 116976 08192021 101-22205 ESCROW REFUND RAS-000013 1,000.00
Total 116976:1,000.00
JIM ROE MUSEUM PLANNING 08/23/2021 116977 08/04/2021 225-45200-319 19-033 BIG ISLAND SIGN CONCEPT PLAN 2,900.00
Total 116977:2,900.00
Joseph Thull 08/23/2021 116978 08192021-1 101-22205 ESCROW REFUND - LA21-000017 460 BI 700.00
Total 116978:700.00
KENNETH N POTTS PA 08/23/2021 116979 08/05/21 231-45650-307 ATTORNEY FEES 300.00
KENNETH N POTTS PA 08/23/2021 116979 08/10/21 231-45650-307 ATTORNEY FEES 477.00
Total 116979:777.00
Lake West Development 08/23/2021 116980 08192021 101-22205 ESCROW REFUND LA18-000094 700.00
Lake West Development 08/23/2021 116980 08192021-1 101-22205 ESCROW REFUND - 3570 IVY 700.00
Total 116980:1,400.00
LANO EQUIPMENT 08/23/2021 116981 03-845340 651-49910-415 BOBCAT EXCAVATOR RENTAL FUEL Storm Water 40.50
Total 116981:40.50
LARSON PLUMBING INC 08/23/2021 116982 640 Lakevie 101-32590 PERMIT FEE REFUND P21-000113 640 LAKEVIE 384.32
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 116982:384.32
LEAGUE OF MN CITIES INS TR 08/23/2021 116983 40002834 703-49960-361 COMPREHENSIVE MUNICIPAL LIBILITY 38,849.00
Total 116983:38,849.00
Lecy Bros Homes & Remodeling 08/23/2021 116984 08192021 101-22205 ESCROW REFUND - LA21-000044 3297 CASCO 700.00
Total 116984:700.00
MACQUEEN EQUIPMENT 08/23/2021 116985 P36441 701-49800-222 ROLLER - 713 VACTOR REPAIR 306.01
Total 116985:306.01
MANSFIELD OIL COMPANY 08/23/2021 116986 22477975 101-45210-212 DIESEL FUEL Golf Course 1,124.25
MANSFIELD OIL COMPANY 08/23/2021 116986 22485714 701-49800-212 DIESEL FUEL 589.65
MANSFIELD OIL COMPANY 08/23/2021 116986 22516796 701-49800-212 DIESEL FUEL 1,271.60
MANSFIELD OIL COMPANY 08/23/2021 116986 22516897 101-42110-212 UNLEADED FUEL Police Department 5,194.26
MANSFIELD OIL COMPANY 08/23/2021 116986 22516920 101-42110-212 UNLEADED FUEL Police Department 161.83
Total 116986:8,341.59
MET COUNCIL ENVIRONMENTA 08/23/2021 116987 0001127946 602-49450-383 WASTEWATER CHARGES 09/2021 Sewer 58,379.16
Total 116987:58,379.16
MINNEAPOLIS OXYGEN COMPA 08/23/2021 116988 79710 101-43000-415 ACETYLENE, OXYGEN Public Works Department 47.34
Total 116988:47.34
MINNESOTA EQUIPMENT 08/23/2021 116989 P52195 701-49800-402 ROUGH MOWER REPAIRS 32.99
Total 116989:32.99
Minnesota Topsoil 08/23/2021 116990 2021004 101-43000-408 BRUSH SITE GRINDING Public Works Department 12,960.00
Total 116990:12,960.00
MN DEPT OF HEALTH 08/23/2021 116991 2021-08 601-20802 2021 3RD QTR WATER CONNECTION FEE 2,707.02
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 116991:2,707.02
Modern Power Solutions LLC 08/23/2021 116992 756 601-49400-403 SWTP GENERATOR ALARM INSTALL Water 368.98
Total 116992:368.98
Morrie's Auto Body & Glass 08/23/2021 116993 TO582902 101-42110-550 SQUAD TEARDOWN Police Department 378.00
Total 116993:378.00
MOUND TRUE VALUE 08/23/2021 116994 176551 101-42110-240 MISC EQUIPMENT Police Department 31.99
Total 116994:31.99
MP Asphalt Maintenance 08/23/2021 116995 2156 435-48974-408 CRACK SEALING -19,220.00
Total 116995:19,220.00
NAVARRE HARDWARE 08/23/2021 116996 332416 601-49400-223 ZIP TIES Water 12.98
NAVARRE HARDWARE 08/23/2021 116996 332487 601-49400-223 TOLIET REPAIR PARTS Water 8.49
NAVARRE HARDWARE 08/23/2021 116996 332756 601-49400-322 UPS SHIPPING CHARGE Water 12.30
Total 116996:33.77
Newegg Business Inc 08/23/2021 116997 130316157 710-49970-221 CABLES - PW OFFICE 29.97
Newegg Business Inc 08/23/2021 116997 1303399002 710-49970-221 COMPUTER - PUBLIC WORKS 435.00
Newegg Business Inc 08/23/2021 116997 1303402296 710-49970-221 CABLES - PW OFFICE 33.98
Newegg Business Inc 08/23/2021 116997 1303409779 710-49970-221 DOCKING STATION 150.00
Newegg Business Inc 08/23/2021 116997 1303413344 710-49970-221 CABLES - SQUADS 83.88
Newegg Business Inc 08/23/2021 116997 1303413383 710-49970-221 CABLES - DISPLAY 125.94
Newegg Business Inc 08/23/2021 116997 1303420942 710-49970-221 DOCKING STATION 233.99
Total 116997:1,092.76
NORTON HOMES 08/23/2021 116998 08192021 101-22205 RPS20-000048 4725 AUGUSTA ST 1,000.00
Total 116998:1,000.00
O SULLIVANS HOLIDAY 546 08/23/2021 116999 ORO July 20 101-42110-402 SQUAD MAINTENANCE Police Department 60.50
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 116999:60.50
O SULLIVANS HOLIDAY 547 08/23/2021 117000 073121 - July 101-42110-402 SQUAD MAINTENANCE Police Department 195.72
Total 117000:195.72
Oertel Architects, Ltd 08/23/2021 117001 RFP #1 - P 101-19999 PUBLIC WORKS BUILDING 13,392.50
Total 117001:13,392.50
OLSEN CHAIN AND CABLE INC 08/23/2021 117002 67396 701-49800-221 CHAIN 225.06
Total 117002:225.06
Perry's Truck Repair 08/23/2021 117003 18235 101-42110-436 INV EXPENSE-TOWING Police Department 86.08
Total 117003:86.08
PRAIRIE RESTORATIONS INC 08/23/2021 117004 30011 101-45200-404 FRENCH CREEK PARK VEGETATION MGMT Parks 540.00
Total 117004:540.00
QUALITY FLOW SYSTEMS INC 08/23/2021 117005 41320 601-49400-403 SWTP GENERATOR MISSION ALARM UNIT Water 3,322.40
QUALITY FLOW SYSTEMS INC 08/23/2021 117005 41378 602-49450-406 LS#29 REPAIRS Sewer 4,480.00
Total 117005:7,802.40
REVISION LLC 08/23/2021 117006 08192021 101-22205 ESCROW REFUND LA21-000045 700.00
Total 117006:700.00
SEH DESIGN BUILD INC 08/23/2021 117007 157486 601-49400-405 NORTH WATER TOWER WTMS HYDROPILLAR T Water 4,200.00
Total 117007:4,200.00
SHERWIN WILLIAMS 08/23/2021 117008 1069-5 101-41900-223 PAINT FOR CITY HALL Central Services 37.56
Total 117008:37.56
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
SiteOne Landscape Supply LLC 08/23/2021 117009 111399670-0 101-43000-224 WEED CONTROL Public Works Department 376.82
SiteOne Landscape Supply LLC 08/23/2021 117009 111851725-0 101-43000-224 WEED CONTROL Public Works Department 332.66
Total 117009:709.48
STATE OF MN DEFERRED COM 08/23/2021 117010 07292021US 101-21705 USCM - 07/29/21 930.00
Total 117010:930.00
STREICHERS POLICE EQUIP 08/23/2021 117011 1502492 101-42110-226 UNIFORMS AND EQUIPMENT Police Department 159.97
STREICHERS POLICE EQUIP 08/23/2021 117011 1502716 101-42110-226 UNIFORM EQUIPMENT Police Department 102.98
STREICHERS POLICE EQUIP 08/23/2021 117011 1502725 101-42110-226 UNIFORM EQUIPMENT Police Department 106.99
STREICHERS POLICE EQUIP 08/23/2021 117011 1505569 101-42110-226 UNIFORMS Police Department 15.00
STREICHERS POLICE EQUIP 08/23/2021 117011 1506595 101-42110-226 UNIFORMS Police Department 89.98
STREICHERS POLICE EQUIP 08/23/2021 117011 1507282 101-42110-550 SQUAD SETUP AND TEARDOWN Police Department 12,489.65
STREICHERS POLICE EQUIP 08/23/2021 117011 1507759 101-42110-226 UNIFORMS Police Department 6.00
STREICHERS POLICE EQUIP 08/23/2021 117011 1508048 101-42110-228 TRAINING SUPPLIES Police Department 2,477.70
STREICHERS POLICE EQUIP 08/23/2021 117011 1509417 101-42110-226 UNIFORMS Police Department 24.00
STREICHERS POLICE EQUIP 08/23/2021 117011 1510264 101-42110-226 UNIFORMS Police Department 558.95
STREICHERS POLICE EQUIP 08/23/2021 117011 1510804 101-42110-226 UNIFORM EQUIPMENT Police Department 18.99
STREICHERS POLICE EQUIP 08/23/2021 117011 1511124 101-42110-228 MISC MUNITIONS Police Department 3,068.68
STREICHERS POLICE EQUIP 08/23/2021 117011 1511498 101-42110-226 UNIFORMS Police Department 309.94
STREICHERS POLICE EQUIP 08/23/2021 117011 1511678 101-42110-226 UNIFORMS Police Department 323.96
STREICHERS POLICE EQUIP 08/23/2021 117011 15117429 101-42110-221 EQUIPMENT REPAIR Police Department 39.98
STREICHERS POLICE EQUIP 08/23/2021 117011 501521 101-42110-226 UNIFORM Police Department 189.99
Total 117011:19,982.76
STS Staffing & Temporary Service 08/23/2021 117012 5199254 101-41500-104 TEMP HELP - PER ENDING 071821 Finance Department 630.00
STS Staffing & Temporary Service 08/23/2021 117012 5201853 101-41500-104 TEMP HELP - PPE 072521 Finance Department 879.90
STS Staffing & Temporary Service 08/23/2021 117012 5204199 101-41500-104 TEMP HELP - PPE 08/01/21 Finance Department 1,027.50
Total 117012:2,537.40
T W TUPY INC 08/23/2021 117013 070321 101-43000-224 3/4"' MINUS Public Works Department 936.98
Total 117013:936.98
THOMSON WEST 08/23/2021 117014 8447588351 101-42110-311 DATA PROCESSING Police Department 262.65
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 117014:262.65
TL STEVENS 08/23/2021 117015 13220 101-45200-404 PUMP - LURTON PARK Parks 2,734.75
Total 117015:2,734.75
TWIN CITIES TRANSPORT & RE 08/23/2021 117016 21-0803-582 101-42110-436 INV. TOW Police Department 469.18
Total 117016:469.18
TWIN CITY SEED COMPANY 08/23/2021 117017 50242 101-45210-223 TEE BOX SEED Golf Course 287.50
Total 117017:287.50
VESSCO INC 08/23/2021 117018 84047 601-49400-405 INJECTOR FOR NAVARRE WTR PLANT Water 142.46
VESSCO INC 08/23/2021 117018 84138 601-49400-405 INJECTOR REPAIR Water 237.36
Total 117018:379.82
WASTE MANAGEMENT RECYC 08/23/2021 117019 0083488-280 603-49500-316 RECYCLING 08/2021 16,433.88
Total 117019:16,433.88
WATCHGUARD VIDEO 08/23/2021 117020 $BOINV0007 101-42110-580 BWC AND SQUAD CAMS Police Department 15,548.12
WATCHGUARD VIDEO 08/23/2021 117020 4REINV0012 101-42110-580 BWC'S AND SQUAD CAMS Police Department 63,470.00
Total 117020:79,018.12
WILDTHREADS 08/23/2021 117021 25720 101-43000-226 PW HATS Public Works Department 130.68
Total 117021:130.68
WILLIAMS TOWING 08/23/2021 117022 21-7118 101-42110-436 SQUAD TOW Police Department 123.00
WILLIAMS TOWING 08/23/2021 117022 21-7124 101-42110-436 SQUAD TOW-REIMBURSEABLE Police Department 179.00
Total 117022:302.00
Yamaha Golf & Utility 08/23/2021 117023 01-242564 101-45210-415 GOLF CART RENTAL Golf Course 1,650.00
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 8/10/2021 - 8/23/2021 Aug 20, 2021 09:28AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 117023:1,650.00
YAMAHA MOTOR CORP.08/23/2021 117024 01-241878 101-45210-415 GOLF CART RENTAL Golf Course 1,650.00
YAMAHA MOTOR CORP.08/23/2021 117024 747801 101-45210-415 GOLF CART LEASE Golf Course 1,647.00
YAMAHA MOTOR CORP.08/23/2021 117024 747861 101-45210-415 GOLF UTILITY CART RENTAL Golf Course 295.00
Total 117024:3,592.00
Grand Totals: 433,162.88
AGENDA ITEM
Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of this action item is to gain approval to accept a donation from the residents
of Pelican Point (Mound).
2. Background. The Police Department has received a Streicher’s gift card in the amount of $1510.00.
The residents would like to thank the officers for attending the Pelican Point National Night Out event
and greatly appreciate the dedication and all the great work done by the Orono Police Department.
3. Project Scope. Apply the Streicher’s gift card in the amount of $1510.00 towards the purchase of
uniforms and equipment needed for the Orono Police Reserve program.
4. Staff Recommendation. I recommend approval to accept the $1510.00 donation.
COUNCIL ACTION REQUESTED
Motion for approval and to accept the $1510.00 donation from the residents of Pelican Point.
Item No.: 4 Date: August 23, 2021
Item Description: Approval to Accept Donation
Presenter: Correy Farniok
Police Chief
Agenda
Section:
Consent Agenda
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Prepared By: Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of this action item is to approve change order one and pay request one for the
Tonkawa Phase II Forcemain Replacement Project (21-021)
2. Background. On November 23rd, 2020 Council approved the design and engineering of the Tonkawa
Phase II Forcemain Replacement project. On March 8th, 2021 Council awarded the project to GM
Contracting. The work was completed in June. However during construction we discovered the
forcemain was not in the location identified on the record drawings. As a result the contractor had to
spend a considerable amount of labor and equipment time to locate them. Once located the method of
replacement had to be changed to avoid potential damage other infrastructure in the right of way.
3. Project Scope of Work. The project consisted of replacement of 1105 feet of 6 inch forcemain that
leads from Lift Station #28 on Park Lane to the end of the Phase I project on Tonkawa Road.
4. Cost. Pay request #1 is for $261,748.44. That includes the amount for change order one of
$62,861.86. The table below contains a summary of project costs.
Who Work Cost Status
Bolton &Menk, Inc Design and Bid Engineering $ 24,800.00 Not to exceed
Previously approved
GM Contracting Construction $ 191,347.98 Awarded
GM Contracting Change Order 1 $62,861.86
Bolton &Menk, Inc Construction Oversight $ 19,500.00 Not to exceed
TOTAL $298,509.84
5. Funding. Funding for the project will come from the Sewer Fund.
Fund Amount Est. 2021 End of Year Fund Balance
Sewer Funds $ 298,510 $ 1,600,053
6. Staff Recommendation. I recommend approval of the change order and payment of Pay request #1.
COUNCIL ACTION REQUESTED
Move to approve Change order 1 and payment of Pay request 1.
Reference
A. Pay request 1 and Change order 1.
Item No.: 5 Date: August 23, 2021
Item Description: Tonkawa Phase II Forcemain Replacement – Change Order and Pay
Request
Presenter: Adam Edwards
Public Works Director/City Engineer
Agenda
Section:
Consent Agenda
H:\ORNO\0C1123387\7_Construction\D_Pay Applications\Pay Application 1\123387 Letter 1.doc
August 9, 2021
City of Orono
Attn: Adam Edwards
2750 Kelley Parkway
Orono, MN 55356
Re: 2021 Forcemain Improvements – Pay Application #1
Dear Mr. Edwards:
Enclosed is Payment Request No. 1 from GM Contracting for work completed on the 2021
Forcemain Improvements Project through June 18, 2021. This estimate includes payment
removals, forcemain abandonment, connection to existing forcemain and also includes a
signed change order reflecting the field change from pipe bursting to directionally drilling.
This change was necessitated by the location of the existing forcemain. Once it was
successfully located, it was determined to be in an area that would pose significant risk to
existing sewer facilities if we were to proceed with the original pipe bursting plan. The
change order also reflects the efforts needed to successfully locate the existing forcemain
and process changes to incorporate the new design.
We have reviewed the estimate, verified the quantities, and recommend payment in the
amount of $248,661.02, which includes a retained percentage of 5%.
Please contact me if you have any questions or need additional information.
Sincerely,
BOLTON & MENK, INC.
David P. Martini
Principal Engineer
Contractor: GM Contracting Application Number:1
2021 Forcemain Improvements Application Date:08/04/21
Application for Payment #2 Period to:5/15/21 - 6/18/21
City of Orono, Minnesota BMI Project Number:0C1.123387
A B C D E
Item Description of Work Original Unit Bid Original Total Total Amount
No.Plan of Price Contract Quantity Amount Quantity Completed
Quantity Measure Amount this App.this to Date to Date
App.
(B x D) (B x E)
BASE BID
1 MOBILIZATION 1.00 LUMP SUM $35,000.00 $35,000.00 1.00 $35,000.00 1.00 $35,000.00
2 TRAFFIC CONTROL 1.00 LUMP SUM $4,500.00 $4,500.00 1.00 $4,500.00 1.00 $4,500.00
3 CLEAR & GRUB TREE 2.00 EACH $450.00 $900.00 1.00 $450.00 1.00 $450.00
4 REMOVE BITUMINOUS PAVEMENT (ANY THICKNESS)500.00 SQ YD $5.00 $2,500.00 305.00 $1,525.00 305.00 $1,525.00
5 REMOVE FORCEMAIN (ANY SIZE, ANY TYPE)200.00 LIN FT $3.75 $750.00 12.00 $45.00 12.00 $45.00
6 REMOVE FENCE POSTS 3.00 EACH $75.00 $225.00 3.00 $225.00 3.00 $225.00
7 COMMON EXCAVATION (P) (CV)85.00 CU YD $30.00 $2,550.00 51.85 $1,555.50 51.85 $1,555.50
8 TEMPORARY STREET PATCH (CLASS 5)350.00 TON $28.30 $9,905.00 106.20 $3,005.46 106.20 $3,005.46
9 CONNECT TO EXISTING FORCEMAIN 2.00 EACH $3,892.00 $7,784.00 2.00 $7,784.00 2.00 $7,784.00
10 AGGREGATE BEDDING 20.00 TON $36.00 $720.00 83.99 $3,023.64 83.99 $3,023.64
11 UTILITY VERIFICATION POTHOLE 12.00 EACH $350.00 $4,200.00 16.00 $5,600.00 16.00 $5,600.00
12 6" HDPE DIPS DR 11 FORCEMAIN (OPEN CUT)120.00 LIN FT $92.12 $11,054.40 26.00 $2,395.12 26.00 $2,395.12
13 6" HDPE DIPS DR 11 FORCEMAIN (PIPE BURST)900.00 LIN FT $92.12 $82,908.00 1151.00 $106,030.12 1151.00 $106,030.12
14 9 LB ANODE 4.00 EACH $52.62 $210.48 2.00 $105.24 2.00 $105.24
15 17 LB ANODE 2.00 EACH $88.05 $176.10 2.00 $176.10 2.00 $176.10
16 ABANDON FORCEMAIN 120.00 LIN FT $10.00 $1,200.00
17 BYPASS PUMPING 1.00 LUMP SUM $10,560.00 $10,560.00 1.00 $10,560.00 1.00 $10,560.00
18 SEWAGE PUMP TRUCK 30.00 HOURS $285.00 $8,550.00 29.50 $8,407.50 29.50 $8,407.50
19 DUCTILE IRON FITTINGS (FORCEMAIN)300.00 POUNDS $15.30 $4,590.00 368.00 $5,630.40 368.00 $5,630.40
20 INLET PROTECTION 7.00 EACH $95.00 $665.00 4.00 $380.00 4.00 $380.00
21 BIOLOG 500.00 LIN FT $3.00 $1,500.00 480.00 $1,440.00 480.00 $1,440.00
22 MNDOT SEED MIX 25-151 WITH HYDROMULCH 400.00 SQ YD $2.25 $900.00 466.00 $1,048.50 466.00 $1,048.50
CO-1
1 ABANDON FORCEMAIN LF $7.59 1151.00 $8,736.09 1151.00 $8,736.09
2 EXTRA MOB - DIRECTIONAL DRILL LS $4,500.00 1.00 $4,500.00 1.00 $4,500.00
3 EXPLORATORY EXCAVATION - BURSTING CREW HR $1,145.38 6.00 $6,872.28 6.00 $6,872.28
4 EXPLORATORY EXCAVATION - VACTOR HR $416.50 29.50 $12,286.75 29.50 $12,286.75
5 EXPLORATORY EXCAVATION - EXCAVATOR HR $431.78 45.50 $19,645.99 45.50 $19,645.99
6 EXPLORATORY EXCAVATION - VAC TRAILER HR $197.50 18.50 $3,653.75 18.50 $3,653.75
7 VACTOR DUMPING FEE EA $370.00 12.00 $4,440.00 12.00 $4,440.00
8 VAC TRAILER DUMPING FEE EA $225.00 7.00 $1,575.00 7.00 $1,575.00
9 UNSUITABLE SOIL DUMPING FEE EA $275.00 3.00 $825.00 3.00 $825.00
10 UNSUITABLE SOIL HAULING HR $109.00 3.00 $327.00 3.00 $327.00
PROJECT TOTAL=$191,347.98 $261,748.44 $261,748.44
Current Pay Application
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: A. Carlson Approved By:
1. Purpose. Consider a resolution that completes a land sale of city property and boundary line
adjustment for the adjacent property owner at 1121 North Arm.
2. Background. In June 2020, the applicants approached the city to vacate and complete a boundary
line adjustment to address a platting anomaly adjacent to their home. Their property, appearing to have
lake frontage, is actually separated from the lake by a platted lot and platted right of way owned and
managed by the city. (Staff report and minutes, Exhibit D)
In January, 2021, the Council favorably reacted to a request to complete a boundary line adjustment that
sold approximately 878 sq. ft. of land to the owner of 1121 North Arm Drive for $1.00, and directed the
City Attorney to confirm title to the property. (Staff report and minutes, Exhibit E)
In March 2021, the City Council approved a resolution (Resolution 7170) that vacated a portion of the
platted right of way.
Since March, the applicant and the City Attorney’s office have been working together on the proper
documentation to facilitate the direction of the Council. The draft resolution and quit claim deed,
attached as Exhibits A, and B, respectively, were developed to vacate and sell city land to the owners of
1121 North Arm. The resolution also waives the Planning Commission review of the sale of city
property. Because of this, the Resolution must be approved by a 2/3 vote.
3. Staff Recommendation. Staff recommends the Council adopt the resolution and Quit Claim Deed as
drafted.
COUNCIL ACTION REQUESTED
City Council should review the approval resolution and adopt or amend.
Exhibits
A. Draft Resolution
B. Draft Quit Claim Deed
C. Survey
D. June 8, 2020 Council Staff Report/ Minutes
E. January 11, 2021 Council Staff Report/ Minutes
F. Resolution 7170
References
File LA20-000075
Item No.: 6 Date: August 23, 2021
Item Description: LA20-000075 – Brian & Anne Huisman, 1121 North Arm Drive–
Vacation of Right of Way – Resolution No. 7212
Presenter: Jeremy Barnhart, AICP
Community Development Director
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
Council Exhibit A
LA20-75
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
RESOLUTION DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY
PLANNING COMMISSION OF SALE OF PROPERTY, APPROVING THE SALE OF REAL
PROPERTY, AND APPROVING A LOT LINE ADJUSTMENT
WHEREAS, Mr. Brian Huisman and Mrs. Anne Huisman (“Owners”) are the owners of real
property located at 1121 North Arm Drive, Orono, Minnesota 55364, PID: 0711723140063 and said parcel
is currently legally described on the attached Exhibit A (“Current Applicant Property”); and
WHEREAS, Mr. Huisman submitted a Land Use Application (“Application”) to the City of Orono
(“City”) requesting a boundary line adjustment for the Current Applicant Property; and
WHEREAS, the Current Applicant Property abuts parcels of land that is purportedly owned by
the City, and said parcels are currently legally described on the attached Exhibit B (“Current City Parcels”);
and
WHEREAS, a substantial portion of the Current City Parcels are submerged and under the ordinary
high water (OHW) line; and
WHEREAS, the Application proposes adjusting the common property line in a manner that would
enlarge the Current Applicant Property (“Final Applicant Property”) and reduce the Current City Parcels
(“Final City Parcels”) as provided in the attached survey attached as Exhibit C; and
WHEREAS, the City wishes to convey to Owners via quit claim deed the portion of the Current
City Parcels that is being reduced by virtue of the proposed boundary line adjustment in the Application for
$1.00, and the property to be conveyed in legally described as Exhibit D; and
WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the
acquisition and disposal of any publicly owned interest in real property within the City; and
WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning
Commission review requirement upon 2/3 vote of the governing body dispensing with the requirement and
finding that the acquisition and disposal of the property has no relationship to the comprehensive municipal
plan; and
WHEREAS, the City wishes to approve the Application, which would result in the legal
description for the Final Applicant Property as set forth in Exhibit E, and the legal description for the Final
City Parcels as set forth in Exhibit F;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
1. The City Council finds that the sale of the portion of the Current City Parcels for $1.00 has no
relationship to the comprehensive municipal plan;
2. Review by the Planning Commission of the acquisition of the Property is hereby dispensed with;
3. The combination of the Current Applicant Property and the Current City Parcels is exempt from
the subdivision requirements of the City Code pursuant to City Code Section 82-200, and therefore
may be completed through a lot line adjustment;
4. The lot line adjustment of the Current Applicant Property to become the Final Applicant Property
and the Current City Parcels to become the Final City Parcels is hereby approved;
5. The Mayor, City Clerk, and City Attorney are authorized and directed to execute a quit claim deed
and record all documents and take all appropriate measures to effectuate the intent of the City
Council; and
PASSED AND ADOPTED by a two-thirds vote of the City Council of the City of Orono, Minnesota this
______ day of _______________, 2021.
______________________________
Dennis Walsh, Mayor
ATTEST:
_______________________________
Anna Carlson, City Clerk
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
EXHIBIT A
CURRENT APPLICANT PROPERTY
Lots 4 and 5, "Skarp and Lindquist's Fernhill, Lake Minnetonka", Hennepin County, Minnesota.
Torrens Property.
Torrens Certificate No. 1439165.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
EXHIBIT B
CURRENT CITY PARCELS
First City Parcel (Parcel Identification Number 0711723140016):
That part of the Southeast Quarter of the Northeast Quarter of Section 7, Township 117, Range 23,
described as follows:
Commencing at the Southwest corner of the Southeast Quarter of the Northeast Quarter, thence East to
Easterly shore of Forest Lake, thence Westerly along said shore to West line of the Southeast Quarter of
the Northeast Quarter, thence South to point of beginning. Except road.
Further Excepting the following:
That portion of the Southeast Quarter of the Northeast Quarter of Section 7, Township 117, Range 23,
described as follows:
Commencing at the Southwest corner of the Southeast Quarter of the Northeast Quarter of said section,
thence Easterly along the Quarter line of said section to the Westerly line of Skarp and Lindquist's
Fernhill, Lake Minnetonka; thence Northwesterly to the Northwest corner of Lot 12 of said addition;
thence Westerly along the North line of Lot 12 extended to the West line of the Southeast Quarter of the
Northeast Quarter of said Section; thence South along said West line of the Southeast Quarter of the
Northeast Quarter of said section to the point of beginning.
Except such portion of said premises as are beyond the high water mark of the bed of Forest Lake.
Abstract Property
Second City Parcel: Part of PID 0711723130215
Lots 4, 5 and 6, Block 1, Forest Lake Addition to Saga Hill, Hennepin County, Minnesota.
Abstract Property
EXHIBIT C - SURVEY
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
EXHIBIT D
PROPERTY TO BE CONVEYED BY CITY TO HUISMANS
That part of the Southeast Quarter of the Northeast Quarter of Section 7, Township 117, Range 23; lying
westerly of the westerly line of Skarp and Lindquist's Fernhill, Lake Minnetonka; and lying northerly of
the westerly extension of the south line of Lot 5, said plat Skarp and Lindquist's Fernhill, Lake
Minnetonka", Hennepin County, Minnesota.
And
That part of alley in dedicated in Block 1, FOREST LAKE ADDITION TO SAGA HILL, lying between
the westerly extensions of the North line of Lot 4 and South line of Lot 5, Skarp and Lindquist's Fernhill,
Lake Minnetonka,
And
That part of the east 25.00 feet of Lots 4, 5 and 6, Block 1, FOREST LAKE ADDITION TO SAGA
HILL, lying between the westerly extensions of the North line of Lot 4 and South line of Lot 5, Skarp and
Lindquist's Fernhill, Lake Minnetonka.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
EXHIBIT E
FINAL APPLICANT PROPERTY
Lots 4 and 5, "Skarp and Lindquist's Fernhill, Lake Minnetonka", Hennepin County, Minnesota.
And
That part of the Southeast Quarter of the Northeast Quarter of Section 7, Township 117, Range 23; lying
westerly of the westerly line of Skarp and Lindquist's Fernhill, Lake Minnetonka; and lying northerly of
the westerly extension of the south line of Lot 5, said plat Skarp and Lindquist's Fernhill, Lake
Minnetonka", Hennepin County, Minnesota.
And
That part of the alley as dedicated by FOREST LAKE ADDITION TO SAGA HILL, according to the
recorded plat thereof, Hennepin County, Minnesota, lying easterly of the east line of Block 1, said plat
FOREST LAKE ADDITION TO SAGA HILL; and lying northerly of the westerly extension of the south
line of Lot 5, Skarp and Lindquist's Fernhill, Lake Minnetonka, according to the recorded plat thereof,
Hennepin County, Minnesota; and lying southerly of the westerly extension of the north line of Lot 4,
said plat Skarp and Lindquist's Fernhill, Lake Minnetonka.
And
That part of the east 25.00 feet of Lots 4, 5 and 6, Block 1, FOREST LAKE ADDITION TO SAGA
HILL, according to the recorded plat thereof, Hennepin County, Minnesota; lying southerly of the
westerly extension of the north line of Lot 4, Skarp and Lindquist's Fernhill, Lake Minnetonka, according
to the recorded plat thereof, Hennepin County, Minnesota, and northerly of the westerly extension of the
south line of Lot 5, said Skarp and Lindquist's Fernhill, Lake Minnetonka.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
EXHIBIT F
FINAL CITY PARCELS
First City Parcel (Parcel Identification Number 0711723140016):
That part of the Southeast Quarter of the Northeast Quarter of Section 7, Township 117, Range 23,
described as follows:
Commencing at the Southwest corner of the Southeast Quarter of the Northeast Quarter, thence East to
Easterly shore of Forest Lake, thence Westerly along said shore to West line of the Southeast Quarter of
the Northeast Quarter, thence South to point of beginning. Except road.
Further Excepting the following:
That portion of the Southeast Quarter of the Northeast Quarter of Section 7, Township 117, Range 23,
described as follows:
Commencing at the Southwest corner of the Southeast Quarter of the Northeast Quarter of said section,
thence Easterly along the Quarter line of said section to the Westerly line of Skarp and Lindquist's
Fernhill, Lake Minnetonka; thence Northwesterly to the Northwest corner of Lot 12 of said addition;
thence Westerly along the North line of Lot 12 extended to the West line of the Southeast Quarter of the
Northeast Quarter of said Section; thence South along said West line of the Southeast Quarter of the
Northeast Quarter of said section to the point of beginning.
Except such portion of said premises as are beyond the high water mark of the bed of Forest Lake.
Further Excepting the following:
That part of the Southeast Quarter of the Northeast Quarter of Section 7, Township 117, Range 23; lying
westerly of the westerly line of Skarp and Lindquist's Fernhill, Lake Minnetonka; and lying northerly of
the westerly extension of the south line of Lot 5, said plat Skarp and Lindquist's Fernhill, Lake
Minnetonka", Hennepin County, Minnesota.
Second City Parcel:
Lots 7 through 16, Block 1, Forest Lake Addition to Saga Hill
All of Blocks 2 and 3, Forest Lake Addition to Saga Hill
Lots 4, 5 and 6, Block 1, FOREST LAKE ADDITION TO SAGA HILL, Hennepin County, Minnesota,
EXCEPT the east 25.00 feet thereof, lying southerly of the westerly extension of the north line of Lot 4,
Skarp and Lindquist's Fernhill, Lake Minnetonka, according to the recorded plat thereof, Hennepin
County, Minnesota; and northerly of the westerly extension of the south line of Lot 5, said Skarp and
Lindquist's Fernhill, Lake Minnetonka.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
[Reserved for Recording Data]
QUIT CLAIM DEED
STATE DEED TAX DUE HEREON: $________
Dated: _____________ _____, 2021.
FOR $1.00 AND OTHER GOOD AND VALUABLE CONSIDERATION, the CITY
OF ORONO, a Minnesota municipal corporation, (“Grantor”), hereby conveys and quitclaims to
Brian Huisman and Anne Huisman, husband and wife (“Grantees”), real property in Hennepin
County, Minnesota, described as follows:
That part of the Southeast Quarter of the Northeast Quarter of
Section 7, Township 117, Range 23; lying westerly of the westerly
line of Skarp and Lindquist's Fernhill, Lake Minnetonka; and lying
northerly of the westerly extension of the south line of Lot 5, said
plat Skarp and Lindquist's Fernhill, Lake Minnetonka", Hennepin
County, Minnesota.
And
That part of alley in dedicated in Block 1, FOREST LAKE
ADDITION TO SAGA HILL, lying between the westerly
extensions of the North line of Lot 4 and South line of Lot 5, Skarp
and Lindquist's Fernhill, Lake Minnetonka,
And
That part of the east 25.00 feet of Lots 4, 5 and 6, Block 1,
FOREST LAKE ADDITION TO SAGA HILL, lying between the
westerly extensions of the North line of Lot 4 and South line of Lot
5, Skarp and Lindquist's Fernhill, Lake Minnetonka.
Council Exhibit B
LA20-75
2
together with all hereditaments and appurtenances belonging thereto.
The total consideration for this transfer of property is $3,000.00 or less.
Check box if applicable:
The Grantor certifies that the Grantor does not know of any wells on the described real
property.
A well disclosure certificate accompanies this document.
I am familiar with the property described in this instrument and I certify that the status and
number of wells on the described real property has not changed since the last previously filed
well disclosure certificate.
Check here if all or part of the described real property is Registered (Torrens)
CITY OF ORONO
By: _____________________________________
Mayor Dennis Walsh
(SEAL)
By: _____________________________________
Adam Edwards, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2021, by Dennis Walsh and by Adam Edwards, 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
Tax Statements for the real property
described in this instrument should be
sent to:
Brian Huisman and Anne Huisman
1121 North Arm Drive
Orono, Minnesota 55364
3
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
860 Blue Gentian, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 8, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 3
18. AUTHORIZE BOUNDARY LINE ADJUSTMENT INVOLVING CITY PROPERTY
AND 1121 NORTH SHORE DRIVE
Rief said there was originally a vacation involved with the right-of-way to the east side of the property.
That was dropped but the planners brought forward this portion. The property owner does not have a dock
and wants to put one in. Lake Minnetonka Watershed District had a request to do a boundary lot
adjustment with the City. Using an aerial map, he said the lots on the left side are underneath the water of
Forest Lake. There have been a number of vacations to the south related to the shoreline where there
originally was a road; farther south there’s a bit of a curve as if the shoreline looked differently when
these were platted. This is one of two properties where the property line does not touch the water and the
City is being requested to do a boundary lot line adjustment and allow the owners to have access to their
water.
Walsh asked who owns the property in front of the lot.
Rief answered that the City does.
Walsh asked if it was part of a road before.
Rief stated there are parcels underneath the lake in Forest Lake and that is the City’s.
Seals stated she looked at the Hennepin County Property Report and the map and said the whole situation
is weird.
Walsh said Hennepin County has a whole subdivision in the middle of the lake.
Rief noted when the City gets a listing of property it owns, those parcels under the water are included. He
said most of the properties extend into the water; the property being discussed is in the top part of the
triangle but does not touch the water.
Crosby asked, when they touch the water, if they can legally say it is their water.
Johnson and Rief said they cannot say it right now.
Crosby asked if the land underneath the water is legally theirs.
Rief said on the other properties the land underneath is theirs.
Walsh said this is an easy situation to clean up.
Printup asked if their taxes were less because of the weird sliver that separates them.
Rief stated they are still considered lakeshore.
Johnson said he looked up the information, and both properties were told they had lakeshore; in
particular, this property owner was told they had 100 feet of lakeshore.
Council Exhibit D
LA20-75
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 8, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 3
Walsh asked if the City was selling the land or doing a boundary line adjustment.
Rief stated the City can do a boundary adjustment.
Johnson noted he is not okay with the south lot because they have to do a lot line combination, as nobody
wants to get rid of a right of a dock on a vacant piece of property.
Rief said the property to the south is owned by the property owner to the right.
Johnson stated both of the property owners have a dock.
Rief said they hold the same address so he wondered if they had the rights, although he did not know.
Using the Hennepin County map, the owners of the lots were found.
Johnson stated the owner would have to do a lot combination.
Printup said they already have an agreement. He thinks that is the case because they dealt with the family
several years ago with a lot two blocks over and had a special agreement to have a dock in that location.
Rief asked if there was a lawsuit related to that area.
Crosby asked how it would look if the City vacated it.
Rief said the City would not vacate it. It is a parcel the City owns so it is a boundary line adjustment.
Walsh clarified that the City is just giving direction at this point.
Rief said it is administrative action. It is something the City owns so it had to come before the Council.
Johnson asked if the City was going to adjust their lot so it is completely in the water.
Walsh noted all of the other lots are in the water, too.
Johnson asked if the City would want the owner to do a lot combination at the highlighted area.
Walsh said the property being discussed is 1121.
Johnson clarified that it was a lot line adjustment for the lot at 1121.
Seals asked why the City would not do both.
Barnhart stated there is some legal expense involved in the lot line adjustment; there is a survey
requirement and legal descriptions.
Printup asked to take the issue to a Work Session.
Barnhart said normally City Staff handle boundary line adjustments administratively. The only
requirement is to provide a survey showing the change and the legal description before and after. The
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 8, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 3
property owner came forward with a proposal which involved the City so it was brought to the Council.
The reason why Staff is not taking an opportunity to clean up the others is because of the incurred
expense and that the other property owner has not indicated a desire to do so.
Walsh said he had no problem with the 1121 but the property owner should pay the expense, which
Council members agreed with.
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR
1. Purpose. To respond to a citizen request for a boundary line adjustment involving city property.
2. Background. Staff has been approached by a property owner at 1121 North Arm Drive inquiring
about correcting the property boundary adjacent to his shoreline. The city owns a 0.99 acre
parcel, most of which is in the lake, but an approximate 1,062 square foot portion extends to dry
land. About 75 feet of the boundary of this dry land portion is shared by the property owners,
Brian and Anne Huisman, which essentially limits their official lake shore. The Huismans would
like to acquire the lakeshore adjacent to their lot. This proposal seems consistent with recent
council action in cleaning up property line issues.
Exhibit A shows a potential location of the adjusted lot line. This can be achieved by an
administrative boundary line adjustment. Because it involves city property, the City Council
must authorize the adjustment.
There is some expense involved, to be borne by the Huismans as the requesting party. The city
requires legal descriptions of the parcels before and after the adjustment, and an updated survey
illustrating the change.
3. Staff Recommendation. Staff requests direction.
COUNCIL ACTION REQUESTED
City Council should provide direction.
Exhibits
A. Area Map
Item No.: 18 Date: June 8, 2020
Item Description: Authorize Boundary Line Adjustment involving city property and
1121 North Shore Drive
Presenter: Dustin Rief, City Administrator Agenda
Section:
City Administrator
Report
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 11, 2021
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 2
13. LA20-75 – BRIAN HUISMAN, SALE OF A PORTION OF LAND ADJACENT TO 1121
NORTH ARM DRIVE
Barnhart clarified the Council saw this last June and at that time it was a request for a boundary line
adjustment because there is some land in the middle of the lake. He said the exhibit is what he provided in
June and there is also an attached survey; the survey shows the City actually owns some land, landward of
the ordinary high water line and they cannot just give that land away, they must sell it as it is an asset for
the City. The property owner came back with a proposal to buy it for $100 which is the value the County
has put on the land two lots to the north as it is about the same amount of land, although it is a much bigger
parcel because 7/8ths of it is in the lake. That is how the property owner arrived at the fair market value
which seems reasonable.
Walsh said back in June the Council said it sounded completely reasonable, whatever the fair price was but
the property owner also had to pay the costs. He clarified they are just bringing back the value at this point.
Johnson said that is the one component he wonders about; personally he does not think they can do a straight
vacation of this, so the City Attorney wants there to be a sale.
Walsh said it is because there is nothing to vacate, it is actually owned land.
Johnson said the Applicant’s methodology of $100 is based on the County’s assessment to a property that
is ultimately non-taxable. Johnson thinks there will be more of these in this bay as they want to get things
cleaned up, and he would like to see the Council avoid the value component and when it is just a straight
“land that is in the way,” it usually conveys as a dollar. He would like to think about standardizing this
when they see these chunks that make no sense so when someone else comes before the Council they do
not get into the debate of value.
Walsh thinks that is a good point, especially if it is just a true “clean up.”
Johnson noted the caveat is that the Applicant incurs all of the expenses from generating the new legal
description, the exhibit, the City’s legal review, etcetera. If the Applicant is doing all that, what is traditional
in his real estate business is that just conveys at a dollar, they are not getting into a value.
Walsh said it is like a quick claim issue and he is good with that methodology as well.
Crosby said it makes sense.
Printup noted there could be more of these in that area, and so that it does not translate into the right-of-
ways, the fire lanes, where people all of a sudden hear this and it turns into an assumption.
Johnson asked if they could define this in a bucket as to what they are trying to do here.
Printup stated word will travel fast, and he does not want it to become an assumption.
Barnhart noted the Council will see both sides of that coin going forward because the adjacent property
owner is going through the vacation process for the adjacent alleyway. He clarified there is a distinction
between platted right-of-way or easements and land. He thinks they can easily make that distinction.
Attorney Conklin said an easement vacation or right-of-way vacation is very different and they typically
would not be seeking compensation for that. However, for parcels of land like this that the City is just
Council Exhibit E
LA20-75
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 11, 2021
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 2
conveying as part of a clean-up process, it would not be an issue in assigning a minimal amount of value to
it and asking the applicant to pick up the costs.
Johnson asked if they want to keep it at $100.
Walsh has no problem with $1.00 as that would be the standard for these types of situations.
Johnson said there is no value so the City is conveying the land.
Crosby agrees that $1.00 is correct.
Barnhart clarified the motion would be to accept the offer with a counter-offer of $1.00. He noted he would
continue the formal process to sale, the Attorney will do the work, and the City will hold a public hearing
in February and the Council will get it back in March.
Johnson moved, Crosby seconded to accept the offer with a counter-offer of $1.00. VOTE: Ayes 5,
Nays 0.
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: Approved By:
1. Purpose. To consider sale of a small portion of city owned land to the adjacent property owner.
2. Background. On June 8, 2020, the City Council reviewed a request for a boundary line
adjustment, regarding city owned land in and adjacent to Forest Lake and private property at 1121
North Arm Drive. The Council appeared to support the adjustment, provided the property owner
paid all associated expenses.
The applicant has prepared the legal description and surveys necessary for the request. A review
of the survey confirms that about 876 sq ft of the city lot is land above the OHWL. The City
cannot give this land away.
The applicant has proposed purchase of the 876 sq ft of land for $100.00. He bases this proposal
on a similar sized land parcel two houses to the north, that parcel is valued at $100.00 by the
County. Information on that parcel is provided as Exhibit A. This appears to suggest fair market
value.
Should the Council support the sale at this price, they should direct the City Attorney to confirm
the title work allowing the sale. The sale could be completed at the same time as the vacation of
the adjacent unimproved right of way is completed, in March.
3. Public Comment. No public comments are collected at this time. The Planning Commission
will hold a public hearing on the sale.
4. Staff Recommendation. Staff recommends the Council accept the price offered, and direct the
city attorney to confirm title on the property and prepare or review necessary documents for the
transaction.
COUNCIL ACTION REQUESTED
City Council accept the price as offered and direct the city attorney to confirm title and prepare or review
necessary documents for the transaction.
Exhibits
A. Emailed Offer, with map of property
B. Minutes from June 8, 2020 Council meeting
C. Survey
D. Area Map
References
Case file LA20-000035
Item No.: Date: January 11, 2021
Item Description: LA20-75, Brian Huisman purchase of City owned remnant
Presenter: Jeremy Barnhart, AICP
Community Development Director
Agenda
Section:
City Administrators
report
Council Exhibit F
LA20-75
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: A. Carlson Approved By:
1. Purpose. To consider a subordination agreement over specific drainage/ utility easements at 1485
Sixth Avenue N.
2. Background. In 1996 a pond was completed at 1485 Sixth Avenue for stormwater and water quality
purposes. An easement was created, but never recorded. This was noted by the watershed district during
the review of the Long Bridge Plat (LA21-000021). The Newell’s have agreed to provide the easement as
requested by the Watershed District. Additionally, there are two existing conservation and flowage
easements on the property.
The MCWD has requested the City sign a subordination agreement, placing the Watershed District’s
interests in the easements above the City’s. Because the Watershed district is responsible for
administering/ maintaining stormwater management system, including the pond and associated controls,
staff supports the subordination agreement in order to ensure there are no areas of overlap/ confusion.
3. Staff Recommendation. Staff recommends the Council authorize the Mayor to sign the agreement.
COUNCIL ACTION REQUESTED
City Council should authorize the Mayor’s signature for the agreement.
Exhibits
A. Draft Subordination agreement
Item No.: 7 Date: August 23, 2021
Item Description: Subordination Agreement Related to Pond and Other Stormwater
Features at 1485 Sixth Avenue North – Agreement
Presenter: Jeremy Barnhart, AICP
Community Development Director
Agenda
Section:
Consent Agenda
SUBORDINATION of EASEMENTS
Legal description of subject property:
Parcel 1: That part of Lot l lying West of a line drawn parallel with and 395 feet East of,
measured at right angles to, the East line of the West 1/2 of the Southwest Quarter of Section
26, Township 118, Range 23 and the same extended, and lying North of the North line of Lot
2 and its Easterly extension; that part of Lot 2 lying North of the Easterly extension of the
Northerly line of Tract A, Registered Land Survey No. 1379; all in "Auditor's Subdivision Number
291, Hennepin County, Minnesota", according to the plat thereof on file or of record in the
office of the Registrar of Titles in and for said County.
Parcel 2: That part of Government Lot l, Section 26, Township 118, Range 23 described as
follows:
Beginning at the Northwest corner of Lot 2, "Auditor's Subdivision Number 291,
Hennepin County, Minnesota", thence West along the extension of the North line of
said Lot 2 and along the South line of Lot 1, said Auditor's Subdivision, to the most
Westerly line of Lot 1, said Auditor's Subdivision; thence South along the extension of
the most Westerly line of Lot 1, said Auditor's Subdivision, to the South line of said
Section 26; thence East along the South line of said Section 26 to its intersection with
the West line of Lot 2, said Auditor's Subdivision; thence North to the point of
beginning; except that portion thereof embraced in Registered Land Survey Nos. 934
and 1379; and except the West 50 feet of that part of above-described Government Lot
1 lying North of the North line of Registered Land Survey No. 934; and except that part
of Government Lot 1 lying Southerly of the Easterly extension of the Northerly line of
Tract A, Registered Land Survey No. 1379.
Certificate of Title No. 601905
Also: That part of Government Lot 1, Section 26, Township 118, Range 23, described as follows:
Beginning at the intersection of the Westerly extension of the North line of Lot 2, "Auditor's
Subdivision No. 291, Hennepin County, Minnesota," with the East line of Johnston's
Rearrangement of Albee's Long Lake Addition; thence North along said East line and along the
East line of "Albee's Long Lake Addition” and its extension to the Southerly line of Douglas
Estates; thence Easterly along said Southerly line to the Northerly extension of the most
Westerly line of Lot 1, "Auditor's Subdivision Number 291, Hennepin County, Minnesota";
thence South along the last described extension and along the most Westerly line of said Lot 1
to the Westerly extension of the North line of Lot 2, in said "Auditor's Subdivision Number 291,
Hennepin County, Minnesota"; thence Westerly to the point of beginning, according to the
Government Survey thereof.
Certificate of Title No. 608676
The City of Orono ("City") is the grantee of two Flowage and Conservation Easements burdening the
described property, conveyed on October 22, 1979, and filed in the Office of the Hennepin County
Registrar of Titles on April 16, 1980, as Document Nos. 1378052 and 1378053 ("City Easements").
The City hereby agrees that the City Easements, and all rights of the City thereunder, are subordinated
to the Easement among John E. Newell as Trustee of the John E. Newell Trust Under Agreement Dated
June 21, 2017, and Stephen L. Newell as Trustee of the Stephen L. Newell Trust Under Agreement Dated
June 21, 2017 (together, "Grantors"), and the Minnehaha Creek Watershed District, to which this
Subordination of Easements is appended.
Signed and Executed this ____ day of __________________, 2021.
City of Orono
By: ______________________________
Title:
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me by _______________ as ___________ of the City
of Orono.
________________________________________
Notary Public
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
1. Purpose. This application is regarding lake setback and 75-foot setback hardcover variances to
reconstruct the existing “boat building/shed” with a small footprint and height expansion and change the
lake boardwalk configuration within the 75-foot setback.
2. MN§15.99 Application Deadline. The application was received on June 22nd, and considered to be
complete on July 7th. Therefore the 60-Day review period expires on September 5th, 2021.
3. Background/ Summary. At the Council’s last meeting, Camp TEKO presented proposed site plan
changes to a portion of the property at the boat house near the center of the property within the 75-foot
setback. The changes are primarily focused around accessibility improvements and included expansion of
an existing building footprint and changes to the boardwalks accessing the building and the dock. The
plan included a reduction of the existing 75-foot hardcover in this area, however the Council was not
initially supportive of the building footprint expansion of the nonconforming building. The Council
ultimately supported the modification due to
similar precedent in the past (for example,
recently: 1509 Long Lake Blvd, #LA21-
000030 and 706 North Arm Dr, #LA21-
000024).
The applicant has revised their request to
include removal of an existing changing
cabin that encroaches into the 75-foot
setback as their need for the accessible boat
shed at the lake takes priority over
maintenance of the changing cabin. The three
other cabins are beyond the 75-foot setback
and are proposed to be refurbished.
The applicant provided an updated site plan
for this area (Exhibit B) which reflects the
boardwalk changes, as well as the footprint
change for the boat building. The cabin to be removed will offer a 222 square foot reduction of building
footprint to offset the 87 square foot boat building footprint increase. Building footprint in this area will
be reduced by 135 square feet. The total hardcover proposed in this area is 1593 square feet, where
1599.5 square feet currently exists.
4. Public Comment. No written comments from the neighbors were received; there were supportive
comments provided by the public at the Council meeting on August 9th which are detailed in the City
Council draft minutes.
Item No.: 8 Date: August 23, 2021
Item Description: LA21-000047 – MATCOM: Mark Matasovsky o/b/o Temple Israel
of Minneapolis, 645 Tonkawa Road, Variances – Resolution No. 7213
Presenter: Melanie Curtis
Planner
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
5. Staff Recommendation. At the August 9th meeting the Council provided the applicant and Staff with
direction to clarify hardcover and building removals within the 75-foot setback which offset the proposed
improvements. The applicant submitted an updated plan meeting that direction. Staff has prepared a
resolution reflecting approval of the variances with the appropriate hardcover reductions.
COUNCIL ACTION REQUESTED
Council should consider amending or adopting the attached resolution.
Exhibits
A. Draft Resolution
B. Revised Plan Information
C. Draft Council Minutes
D. Council Staff Report 08/09/2021
References
C Packet 08/09/2021
PC Packet 07/19/2021
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
1
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 and 78-1680
FILE NO.LA21 -000047
WHEREAS, on June 22, 2021, Mark Matasovsky with MATCOM on behalf of Temple
Israel, the Owner of the property, (hereinafter the “Applicants”), applied for variance from the City
Code for Camp TEKO located on the property addressed 645 Tonkawa Road and legally described
as:
Lot 12; Lot 11, except the Southeasterly 20 feet thereof, Auditor’s Subdivision No.
207, Hennepin County, Minnesota (hereinafter the “Property”);
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow an 87 square foot footprint
expansion and a 2.6 foot height expansion for a portion of an existing building (hereinafter the
“Boat Building”) within the 75-foot setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1680 to allow reorientation of the seasonal
boardwalk and a footprint expansion of the Boat Building resulting in 1593 square feet of
hardcover in this location within the 75-foot setback where 1599.5 square feet currently exists;
and
WHEREAS, on July 19, 2021, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on July 19, 2021, the Planning Commission recommended approval
of the requested hardcover variance but recommended denial of the variances allowing the
expansions of the Boat Building; and
WHEREAS, on August 9, 2021, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
WHEREAS, on August 9, 2021, the City Council directed the Applicants to provide
a revised hardcover reduction plan for their consideration; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
2
WHEREAS, on August 23, 2021, the City Council reviewed the Applicants’ revised
proposal; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as amended and described above based on one or
more of the following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA21-000047. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District.
3. Camp TEKO is an existing use operating under an existing Conditional Use Permit for not
for profit camps within the LR-1B District since 1965.
4. The Property is owned by Temple Israel and Camp TEKO is accredited by the American
Camp Association.
5. The Property contains 17.98 acres in area and has a defined lot width of approximately
1500 feet at the OHWL and 75-foot setback.
6. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
7. The Property has approximately 15% hardcover.
8. The Applicants are working toward their goal of making improvements to better adapt the
Property for individuals with disabilities.
9. Applicant has applied for the following variances:
a. Hardcover within 75-foot Setback Variance
b. Building Setback within 75-foot Lake Setback
10. 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
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
3
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. “Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . .” The proposed variances take into consideration storm
water, drainage, safety, protection of sensitive areas, as well as access and mobility
options for all of the camp users. The use for a camp on this size Property follows the
general intent of the ordinance. The intent for the proposed improvements is to increase
accessibility for camp patrons and employees with disabilities and is in harmony with the
intent of the ordinance.
2. “Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan.” Similar to Orono’s 2040 Comprehensive Plan, Camp TEKO’s
design philosophies include maintaining the natural character of the site, minimizing
impacts such as hardcover, grading, tree removal, and the control of storm water runoff
to Lake Minnetonka. Their accessibility needs cannot be met without the proposed
hardcover changes and building improvements.
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 Property is zoned LR-1B, one-family lakeshore residential district; the 18 acre
camp is an existing conditional use within this District. This District is intended for
a combination of medium-residential developments and limited agricultural activity
that should not endanger the quality of runoff into Lake Minnetonka. Additionally,
this Property also falls within the Shoreland Overlay District. The current use of the
Property allows for preservation of open space and is reasonable for the size and
location of the property.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The Property has approximately 1,500 lineal feet of shoreline on Lake Minnetonka.
The site topography and beach characteristics make access to the lake
challenging for individuals with mobility disabilities. The proposed improvements
allow greater opportunity for accessibility for all users;
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
4
c. The variance, if granted, will not alter the essential character of the locality.”
Camp TEKO has been part of the Orono community for over 50 years. Camp TEKO
can be described as a longstanding piece of the City’s rural character. The 2019
master plan elements are intended to improve on that character. In addition, most of
the proposed development is screened by existing vegetation from the lake and
surrounding areas. The improvements will not alter the character of the area.
4. “Economic considerations alone do not constitute practical difficulties.” Economic
considerations have not been a factor in the variance approval determination.
5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78.” This condition is not applicable.
6. “The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located.” This condition is not applicable, as a summer camp is an existing, allowed
conditional use in the LR-1B District.
7. “The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling.” This condition is not applicable.
8. “The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property.” The Property has many unique features such
as wetlands, steep slopes, bluffs, and a unique lineal shoreline which is different from
the neighboring residential properties. Because of the Property’s use, many of natural
features will be preserved and protected. There are a variety of rules and regulations in
place for protection and preservation which may not be in line with all uses.
9. “The conditions do not apply generally to other land or structures in the district in which the
land is located.” The Property’s historical use as a camp and its unique natural features
including wetlands, steep slopes, bluffs, and the natural shoreline make it unique in
comparison to the neighboring residential properties. The 18 acre camp is unique within
the zoning district and within the City. The challenges with respect to inclusion and
accessibility due to the bluff, steep slopes, and beach characteristics are unique to the
Property.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
5
10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” The Property is located in a residential district
but has operated historically as a seasonal camp for children of all abilities. Each specific
variance request is necessary for the preservation and enjoyment of all campers as has
been described above.
11. “The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter.” The use of the
Property, along with all other proposed elements in the Camp TEKO Master Plan, are
intended to improve the health, safety, comfort, and morals of all users compared to the
camp as it currently exists.
12. “The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty.” The Applicants have requested the
variances necessary to support and improve accessibility and their camp use with minimal
impact to the surrounding area.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances from Orono Municipal Zoning Code Section 78-1279 to allow an 87 square foot
footprint expansion and a 2.6 foot height expansion for a portion of the Boat Building within the
75-foot setback; and Section 78-1680 to allow reorientation of the seasonal boardwalk and a
footprint expansion of the Boat Building resulting in 1593 square feet of hardcover in this location
within the 75-foot setback where 1599.5 square feet currently exists, subject to the following
conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the site plan and building plans dated 08/18/2021
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A & B.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
obtained within one year of the date of Council approval, or the variance will expire on that
date (23 August 2022).
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
6
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 23rd day of August 2021.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
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0' - 6"8' - 6"9' - 0"PROPOSED NORTH ELEVATIONSHEET NUMBERSHEET NAMEOWNERLOCUS ARCHITECTURE 4453 Nicollet Ave,Minneapolis, MN 55419 Wynne Yelland 612.232.3609ARCHITECT OF RECORD NOT FOR CONSTRUCTION COPYRIGHT 2020 Locus Architecture, Ltd.03/02/2021 A-001EXISTINGBEACHBUILDINGSTEMPLE ISRAELPERMIT SETCAMP TEKO SWIMMING BEACH BUILDING No.Description Date
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
15. LA21-000047 – MATCOM: MARK MATASOVSKY O/B/O TEMPLE ISRAEL OF
MINNEAPOLIS, 645 TONKAWA ROAD, VARIANCES
Mark Matasovsky, Applicant, was present.
Staff presented a summary packet of information. Curtis shared that Camp TEKO is requesting lake
setback and 75-foot hardcover variances in order to reconstruct their existing boat building/shed shown on
the left on screen with a small footprint and height expansion as well as make changes to their lake
boardwalk configuration within the 75-foot setback. In 2019 they received approval of a concept Master
Plan and Temple Israel, Camp TEKO’s owner, has since engaged a new architectural firm and are
planning to implement the Master Plan in phases. The boat building was not part of the original Master
Plan approval nor was it shown on those plans; the boardwalk changes and reconstruction of the boat
building require hardcover and lake setback variances due to their locations and changes would result in a
hardcover increase in 226.5 square feet within the 75-foot setback. The rebuilt building within the 75
would be used to house life jackets, paddles, and other lake-use accessories and provide a place for shelter
and safe harbor in case of inclement weather. The improvements to this building are intended to provide
additional storage capacity, a reworked configuration to open the space up to allow better visibility for
chaperones to view the children on the lakeshore and increased floor area to allow better access for
individuals in wheelchairs to be able to maneuver in and out of the building. The owner’s revised
narrative was included in the packet and the Applicant is present to discuss. In July the Planning
Commission held a public hearing and discussed variances, voting 6-0 on a motion to partially approve
the request. They did not support the increase in the building size but did support the hardcover variance
and to not allow more building in the area but to allow more boardwalk hardcover. They have not
received public comments on the application. Staff recommends approval of the hardcover and lake
setback variances to accommodate the changes to the boardwalk, improving the safety and allowing for
better accessibility. Staff did not identify practical difficulties supporting the building expansion
requested and are seeking direction from the Council.
Mark Matasovsky, owner’s representative for Temple Israel, feels a little bad for not doing a better job at
the Planning Commission and he wishes they had been more prepared. They received funding in 2019
and a lot of it was for American Disabilities Act (ADA) funding. At the very edge of the 75-foot setback
the City approved a building at the top of the stairs which has been taken out of the plan and they will just
use the existing boy scout buildings there to create changing rooms. On the waterfront they are creating
paths that will allow wheelchairs down on the beach and right now the boat building is very important for
equipment and does not get closer to the waterfront at all. Practical difficulties are having an accessible
building with accessible staff access and they cannot back the building up because of the embankment.
The Applicant is very willing to say if the property ever sells, they would remove the building before the
sale but having that accessibility and ability to have staff close to the waterfront is very important. He
asked for some way to work this out so they can have what they need. These children will always be
Kindergarten through second grade and disabled as those are the clients they serve.
Mayor Walsh noted the minute they do this, people will start coming in saying they need more hardcover
to access their building by the water. He has no problem with the ramp trail for accessibility but any
hardcover beyond that they must take care of out of the 75-foot setback. He noted the Council has told
people they can refurbish a building within the same footprint but cannot move it somewhere else.
The Council discussed the bluff setback, the ramp, and staying out of the 75-foot setback.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
Printup asked if it would matter if the square footage of the building gets reconfigured in the 0-75.
Mayor Walsh noted they have told everyone they must keep the same footprint in the same exact spot.
Printup remembers a woman who wanted to reconfigure her deck and they said she can do whatever she
wants with the shape as long as she keeps it within the square footage.
Barnhart noted that was regarding average lakeshore setback (ALS).
Mr. Matasovsky said the biggest practical difficulty is a wheelchair being able to turn around in the
building within the shape that it is currently. He appreciated that the Planning Commission allowed them
to have a seasonal deck around the building which allowed them to wheel the chairs across the sand to get
to the dock, but to have a cover over it and store the life safety equipment is very important.
Johnson asked where ADA comes into play, for example with Big Island.
Mayor Walsh said if it is public access it comes into play. He noted they have people come in with kids
with problems or aging parents.
Johnson asked about the deck they did on Long Lake and the Applicant wanted to expand his deck in
exchange for removing the hardcover, all within the 0-75.
Curtis noted a portion of the house was within the 0-75.
Johnson stated this building is so close to the lake it is harder to allow any expansion of it.
Mr. Matasovsky said Watershed District was out and the building is above the height and they would not
even require a permit for it.
Mayor Walsh stated the Council could possibly look at this project the same way as the project with the
house in the 0-75 setback.
Curtis said if they can craft findings that are specific to this property and the specific use, that it is not a
residential use property.
Johnson noted they could table it and the Applicant could come back with a proposal of other things they
are doing on site for different changes.
Crosby said in removing other things in the 0-75 it gives some flexibility.
Attorney Mattick likes the idea if they are going to swap things out, to give them a moment to look at it.
The Council suggested Mr. Matasovsky go back and look at what they could eliminate in exchange, for
example, removal of the cabin.
Curtis stated removal of the cabin looks like it would be a gain for the City.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2021
6:00 o’clock p.m.
Johnson moved, Crosby seconded, to table LA21-000047, 645 Tonkawa Road, Variances.
Loren Schoenzeit, 480 Forest Landing, thinks adding the ADA facility close to the lake for the camp is
important and if there is a way to find the structural coverage in this location and perhaps trade with the
cabin, he thinks that would be valuable to the City. If they push the building back too far it does not serve
its safety purposes and he is sure they do not want the Applicant taking thousands of yards out of the hill
to put it at lake grade. It seems like there is a reasonable compromise to be able to get an ADA structure
for safety near the lake and the hill represents the practical difficulty of the building site.
VOTE: Ayes 4, Nays 0.
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
1. Purpose. This application is regarding lake setback and 75-foot setback hardcover variances to
reconstruct the existing “boat building/shed” with a small footprint and height expansion and
change the lake boardwalk configuration within the 75-foot setback.
2. MN§15.99 Application Deadline. The application was received on June 22, and considered to
be complete on July 7th. Therefore the 60-Day review period expires on September 5, 2021.
3. Background/ Summary. In 2019, Camp TEKO came to the City for approval of a concept
Master Plan. Those approvals are reflected in Resolution No. 7003 (Planning Commission
Exhibit G). Temple Israel, the owner, has engaged a new architectural firm and are planning to
implement the Master Plan in phases. The boat building which is the subject of this current
application was not part of the original Master Plan approval, nor was it shown on the plans.
Phase One of the Master Plan is underway. Included in Phase One are lake access boardwalk
changes and reconstruction of the “boat building” storage shed which require hardcover and lake
setback variances. This portion of the project will result in a hardcover increase of 226.5 square
feet within the 75-foot setback. The re-built “boat building”/storage shed within the 75’ lake yard
is used to house lifejackets, paddles, and other lake use accessories in addition to providing a
place for shelter and safe harbor in case of inclement weather. The improvements to this building
are intended to facilitate additional storage capacity, a re-worked configuration to allow for both
better visibility for chaperones of the campers on the lakeshore and increased floor area to allow
for individuals in wheelchairs to be able to maneuver in and out of the building. Please refer to
the owner’s revised narrative included with Exhibit A for more detail.
4. Planning Commission Vote and Comment. On
July 19th, the Planning Commission held the public
hearing and had an extensive discussion about the
request. Following the public hearing the Planning
Commission voted 6 to 0 on a motion to partially
approve the requested variance. The Planning
Commission did not find practical difficulty
supporting the increase in building size, however
seemed to agree that the hardcover reorientation was
supported, including a suggestion to place new
boardwalk hardcover in the location of the proposed
building expansion as noted on Exhibit D.
PC Recommendation
5. Public Comment. No comments from the neighbors were received.
Item No.: # Date: 9 August 2021
Item Description: ##LA21-000047, MATCOM: Mark Matasovsky o/b/o Temple Israel
of Minneapolis, 645 Tonkawa Road, Variances
Presenter: Melanie Curtis
Planner
Agenda
Section:
Planning Department
Report
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
6. Staff Recommendation. Planning Staff recommends approval of the hardcover and lake setback
variances to accommodate the changes to the boardwalk to improve safety and comply with
accessibility regulations. However, staff cannot identify practical difficulties which support the
expansion of the boat building footprint.
COUNCIL ACTION REQUESTED
The applicant has provided some supplementary detail sheets (Exhibit B) and is planning to present
additional information relating to the accessibility accommodations in support of the project at Monday’s
meeting. Staff is requesting direction from the Council.
Exhibits
Exhibit A. Proposed Plans
Exhibit B. Additional Information from the Applicant
Exhibit C. Draft PC Minutes
Exhibit D. PC Recommended Plan
Exhibit E. PC Staff Report
References
PC Exhibits 07/19/2021
Exhibit A. Application & Narrative
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing Site Plan
Exhibit D. 2019 Approved Master Plan
Exhibit E. Proposed Building Plans
Exhibit F. Proposed Site Plan
Exhibit G. Resolution 7003
Exhibit H. Property Owners List
Exhibit I. Plat Map
Prepared By: Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of the council item is to gain Council approval to appoint a new Parks and
Golf Course Superintendent.
2. Position. The Parks and GC Superintendent position is responsible for administering all functions of
the Parks Department including the improvement and maintenance of city parks, trails, natural/open
space, grounds, playground equipment, lake access points, and golf course as well as overseeing the
recreation and events planning with in the parks system. This position is supervised by the City
Administrator/ City Engineer, and provides direct supervision to the clubhouse manager, assistant
superintendent, parks maintenance workers, and grounds keepers. The position is Grade 12 and FLSA
exempt.
3. Recruitment. The selection process for the position involved advertising the position, application
screening, and interviews. The selection committee consisted of the City Administrator, Finance
Director, Public Works Superintendent and Parks Commission Chair.
4. Recommended Candidate. The recommended candidate is Mr. Joshua Lemons. Joshua is currently
the Superintendent at the North Oaks Golf Course and has 9 years of golf course experience in position of
increasing responsibility.
5. Recommended Compensation. I recommended that Mr. Lemons be appointed to the position of
Parks and Golf Course Superintendent effective September 7th, 2021.
a. Salary. Starting salary of $78,799.59/ yr (Grade 12, Step 3)
b. Benefits. Vacation will accrue at a rate of 10 days per year and follow the personnel policy.
Vacation and sick leave accrual will begin on the start date. The employee will be eligible to participate
in the City’s benefit packages starting the first day of the month following the start date.
COUNCIL ACTION REQUESTED
Motion to motion to appoint Mr. Joshua Lemons as the Parks and Golf Course Superintendent.
Item No.: 9 Date: August 23, 2021
Item Description: Parks and Golf Course Superintendent Appointment
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
Consent Agenda
AGENDA ITEM
1.The Long Lake Waters Association Representatives will be presenting this item.
Item No.: 10 Date: August 23, 2021
Item Description: Long Lake Waters Association
Presenter: LLWA Representatives Agenda
Section:
Presentation
Carp Removal in Long Lake Using Baited Traps
Przemek Bajer
Carp Solutions LLC
Background
•2018
•Boat electrofishing surveys
•Population estimate 18,035 carp
•Biomass estimate 570 lbs/acre
•5 times too many carp
2019
Tagging carp to determine
movement between lakes
MCWD
48 Tags
131 Tags
97 Tags
2020
Movement results
Carp Solutions
Large spawning run
upstream from Long Lake.
Dead ends at a physical
dam.
Smaller downstream run
88 +8
10
5
2018-2020 Commercial
seining to remove carp
Winter 2018:
Unsuccessful. Snags on
the bottom. Snags
removed by the city
Winter 2019: carp did not
aggregate as expected.
Seining was abandoned.
2021: Proof-of-concept test of a new removal strategy &
New biomass estimate using tagged carp
2 Nets installed in June
Nets are baited with corn.
Antennas on the bottom of the net track how many carp feed
on the bait and when
Nets are lifted using remote controllers to avoid spooking the carp
Daytime demo, actual removal usually at night
Results
•3 rounds of removal
•1,107 carp removed
•No significant bycatch of native fish
•Mean weight 9.9 lbs = 10,960 lbs removed
•40 tagged carp detected at the bait by the antennas
•34 from Long lake
•3 from Tanager
•3 unknown (likely Long Lake)
•24 tagged carp captured
•21 from Long lake
•3 from Tanager
•1 unknown (likely Long Lake)
•Population estimate before removal = 6,905
•Population after removal = ~5,800
•Remaining carp biomass in the lake after removal 201 lbs/acre
•Additional 2,900 carp need to be removed to restore the lake
Management
Recommendations
•Remove 2,900 carp to reduce biomass to 100 lbs/acre
•Best options for removal
•Stream removal during spawning run.
•Baited traps.
•Periodically monitor carp abundance by conducting boat electrofishing surveys. Every 2-3 years.
•Repeat removal as needed (every few years)
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
1.Purpose. This application is regarding hardcover, side setback, and average lakeshore setback
variances to construct a 2nd story and new deck.
2.MN§15.99 Application Deadline. The application was received and considered to be complete on
June 23rd. Due to meeting timing, the application was extended. Therefore, the extended 60-Day review
period expires on October 21, 2021.
3.Background/ Summary. The applicant is
requesting hardcover, side setback, and average
lakeshore setback variances in order to construct a 2nd
story addition above the existing footprint and new
lakeside deck on the existing home. The existing home
is situated 2.6 feet from the north side lot line and
entirely lakeward of the average lakeshore setback line.
The hardcover currently exceeds the 25% limitation;
the applicant’s revised request results in an estimated
113 square foot hardcover reduction.
4.Planning Commission Vote and Comment.
During the July 19th Planning Commission public
hearing the Commission voted 6 to 0 in favor of
approving the variances according to the staff
recommendation which included moving the deck and
deck stair into the property to meet the 7.5-foot side
setback. The applicant heard Planning Commission and Staff concerns about creating a new
encroachment with the deck and modified the proposed plan.
The applicant continues to request approval for the deck to extend into the side setback. They have
revised the house plans to reflect the new deck and deck stair staying in line with the footprint of the home
resulting in an approximate 2.8 foot side setback for the new deck where a 7.5 foot setback is required.
The house plans (Exhibit A) have been modified to reflect this change; however, the survey has not yet
been updated. To show the proposed change, Staff edited the survey and the hardcover calculation based
on the estimated deck footprint shown on the revised house plan.
5.Public Comment. No written comments were received from the neighbors. The neighbors to the
south were in attendance and provided supportive comments during the public hearing. For more detail
please reference the minutes attached as Exhibit C.
Item No.: 11 Date: August 23, 2021
Item Description: LA21-000048 – Courtney Paulsen, 1090 Wildhurst Trail,
Variances
Presenter: Melanie Curtis
Planner
Agenda
Section:
Planning Department
Report
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
6. Staff Recommendation. Staff recommends approval of the average lakeshore setback and side yard
setback variances to permit the 2nd story addition as proposed. Staff recommends approval of the
hardcover variance to permit the deck; however, staff continues to recommend the deck/deck stair be
moved inward to meet the 7.5 foot side setback and to not encroach into the 75-foot setback.
COUNCIL ACTION REQUESTED
Direct Staff to draft a resolution reflecting the Council’s decision. The survey and hardcover calculations
should be updated to reflect the Council’s direction to be included with the resolution.
Exhibits
A. Revised House Plans (deck change)
B. Proposed Survey – staff edit
C. PC Minutes
D. PC Staff Report
References
PC Exhibits 07/19/2021
A. Application & Narrative
B. Practical Difficulties Documentation Form
C. Existing Survey
D. Proposed Survey
E. Proposed Plans and Elevations
F. Aerial Photos
G. Property Owners List
H. Plat Map
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2
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, July 19, 2021
6:00 o’clock p.m.
_____________________________________________________________________________________
4. LA21-000048 COURTNEY PAULSEN, 1090 WILDHURST TRAIL, REQUESTS SIDE YARD
SETBACK, AVERAGE LAKESHORE SETBACK AND HARDCOVER VARIANCES IN ORDER
TO CONSTRUCT A SECOND STORY ADDITION WITH A NEW LAKESIDE DECK OVER
THE EXISTING HOME. (STAFF: MELANIE CURTIS)
Courtney Paulsen, Applicant, was present.
Staff presented a summary packet of information. Curtis stated the Applicants are requesting variances in
order to construct a second story addition and new lakeside deck on the existing home including average
lakeshore setback (ALS), sideyard setback on the north, and hardcover variances. The existing home is
situated 2.6 feet from the north side lot line and entirely lakeward of the ALS. The proposed addition will
occupy area within the required sideyard setback and ALS. The hardcover currently exceeds the 25%
limitation and the Applicants are proposing a 170 square foot reduction. Curtis noted a 7.5 foot setback is
required for the home. The second story addition will result in new encroachments for the second floor
within the sideyard setback. The current plan shows the proposed deck stair encroaching into the sideyard
more so than the home is currently. Upon receiving Staff’s modification, the Applicant intends to modify
the deck so it lines up with the setback of the home on the north and add a spiral staircase to be consistent
with the home setback and not encroach more into the ALS. The property currently has 31.6% hardcover
and the reduction of 170 square feet includes 123 square feet from within the 75 foot setback. The
Applicant has identified the existing lot configuration, neighboring home locations, and their home’s
relationship to the lakeshore as practical difficulties to support the variance. Staff finds that the location of
the home, the neighboring home, setbacks from the lake, the curved shoreline, and the narrowness of the
Applicant’s property create practical difficulties limiting all improvement opportunities for the home.
Staff recommends approval of the ALS variance to permit the second story expansions of the home as
well as the sideyard setback variance for the second floor.
Courtney Paulsen, 1090 Wildhurst Trail, noted they would remove 120-some of the pavers to meet the
hardcover and she spoke with the land owner to the north and they would be okay with the Applicant
going flush with the north side of the house. They do not want to do anything that would upset neighbors
as they plan for this to be their forever home and have addressed the proposed changes with both
neighbors and so far they seem to be agreeable.
Chair Kirchner opened the public hearing at 8:14 p.m.
Loren Schoenzeit, 4480 Forest Lake Landing, thinks it is important to note that the house at 4480 Forest
Lake Landing is where it is because not shown on the survey, the City has a sewer for which they have no
easement so their only building site is the particular location. Ordinarily they would ask the Planning
Commission and City to enforce the ALS but the goal of the lakeshore setback is to preserve lake views
and 1090 Wildhurst Trail is north of his house and the view there is not to the lake. He would request in
the future if another neighbor is ahead of ALS that it would be preserved because it would challenge their
view of the lake.
Chair Kirchner closed the public hearing at 8:16 p.m.
Chair Kirchner noted they are reducing hardcover and they are bettering a situation. He thinks this is
something he could support as applied for.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, July 19, 2021
6:00 o’clock p.m.
_____________________________________________________________________________________
Ressler does not have any opposition to the application, it does not seem to impact the peace in the
neighborhood, and allows more usability of the property. He is supportive as applied.
Bollis supports Staff recommendations.
Ressler moved, Gettman seconded, to approve LA21-000048, 1090 Wildhurst Trail, Requests Side
Yard Setback, Average Lakeshore Setback and Hardcover Variances in Order to Construct a
Second Story Addition with a New Lakeside Deck over the Existing Home based upon Staff
recommendations. VOTE: Ayes: 6, Nays 0.
Date Application Received: 06/23/2021
Date Application Considered as Complete: 06/23/2021
60-Day Review Period Expires: 08/22/2021
To: Chair Kirchner and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: July 19, 2021
Subject: #LA21-000048, Courtney Paulsen, 1090 Wildhurst Trl,
Variances
Public Hearing
Background
The applicants are requesting the following variances in order to construct a 2nd story addition
and new lakeside deck on the existing home: average lakeshore setback, side yard setback, and
hardcover. The existing home is situated 2.6 feet from the north side lot line and entirely
lakeward of the average lakeshore setback line. The proposed addition will occupy area within
the required side yard setback. The hardcover currently exceeds the 25% limitation; the
applicants are proposing a 170 square foot hardcover reduction.
Practical Difficulties Analysis
Applicant Submittal Information: The applicant has identified the existing lot configuration,
neighboring home locations, and their relationship to the lakeshore as practical difficulties
supporting the requested variances. Additionally, they have provided supporting documentation
regarding Practical Difficulties attached as Exhibit B, and should be asked for additional
testimony regarding the application.
Planning Staff Practical Difficulty Analysis: Staff finds the location of the applicant’s home, the
neighboring home setbacks from the lake, the curved shoreline and narrowness of the property
create practical difficulties limiting improvement opportunities.
Application Summary: The applicant is requesting a number of variances in order to construct
a 2nd Story addition including a new lakeside deck, including average lakeshore setback, side
yard setback, and hardcover.
Staff Recommendation: Planning Department Staff recommends approval.
FILE #LA21-000048
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LOT ANALYSIS WORKSHEET
Section 78-330 & 78-1279 – Setbacks:
LR-1B Required Existing Proposed
Rear/Street 30’ 140’ No Change
North Side 7.5’ 2.6’ No Change
South Side 7.5’ 8.9’ No Change
Lakeshore 75’ 91’ 85’ new deck
Average Lakeshore The entire home is situated lakeward of the average lakeshore
setback line.
Section 78-330 – Lot Area/Width:
LR-1B Lot Area Lot Width
Required 43,560 s.f. (1.0 acres) 140’
Actual 20,622 s.f. (0.47 acre) 62’ @ 75’ / 61’ @ OHWL
Section 78-1403 – Structural Building Coverage:
Total Lot Area Total Structural Coverage
20,622 s.f. (0.47 acre) Allowed: 4,124.4 s.f. (20%)
Existing: 2,972 s.f. (14.4%)
Proposed: 2,996 s.f. (14.5%)
Section 78-1700 – Hardcover Calculations:
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 1 20,622 s.f. 5,155.5 s.f.
(25 %)
6,511 s.f.
(31.6%)
6,341 s.f.
(30.7%)
Applicable Regulations:
Side Yard Setback and Average Lakeshore Setback Variances (Code Section 78-330 & 78-1279)
The existing home is located 2.6 feet from the north side property line where a 7.5 foot setback
is required [pursuant to 78-330(b)(1) exception]. The proposal includes adding a second story
over the existing footprint resulting in new encroachments on the 2nd floor within the side yard
setback and the average lakeshore setback.
Hardcover Variance (Code Section 78-1700)
Currently the property has 31.6% hardcover. The applicant’s proposal for 30.7% provides a
reduction of 170 square feet. Approximately 123 square feet of the hardcover to be removed is
within the 75-foot setback.
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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. 14, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
requested hardcover level (with proposed reductions), side setback, and average
lakeshore setback variances are in harmony with the Ordinance. The existing home is
currently lakeward of both neighbors. The neighbors have not indicated that the
upward expansion will negatively impact their existing views of the lake, and new
hardcover resulting from the new deck will be offset by removals.
2. The variance is consistent with the comprehensive plan. The requested average
lakeshore setback, side yard setback, and hardcover variances are consistent with the
Comprehensive Plan. The deck results in a new average lakeshore setback
encroachment beyond the existing footprint, however does not appear to further
impact the adjacent neighbor’s views from the north side.
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 expand the volume of the
existing nonconforming home upwards with the addition of a deck lakeward
of the average lakeshore setback appears to be reasonable on this property as
there are no options for a conforming expansion of any portion of the home.
The curved shoreline and extreme setbacks of the neighboring homes result in
the existing non-conforming condition. The applicants have proposed
hardcover removals to offset the new additions.
b. There are circumstances unique to the property not created by the landowner;
The location of the existing home, the curved shoreline, and extreme setback
location of the neighboring homes, and existing hardcover are conditions not
created by the landowners; and
c. The variance will not alter the essential character of the locality. It does not
appear that the requested average lakeshore setback variance expand the
home will adversely impact views of the lake currently enjoyed by the
adjacent property owners or alter the character of the locality as many of the
homes in the neighborhood have a 2nd story. Further, the applicants’ proposed
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hardcover removals will help to offset the new hardcover resulting from the
deck.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth-sheltered
construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono
City Code Chapter 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 residential improvements are
allowed in the LR-1C District.
7. The board or council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The location of the existing improvements
on the property, the orientation and extreme setback of the location of the
neighboring homes, and existing hardcover are conditions unique to this property.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The location of the existing improvements on the property and the
orientation and extreme setback of the home to the south are conditions unique to
this property.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The existing home is nonconforming with
respect to the average lakeshore and side yard setbacks. There are no options for a
conforming expansion of the home’s footprint or volume upward that do not require
variances. The variances are necessary.
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 average lakeshore setback line
on this property eliminates the options for expanding and/or improving the home; the
granting of the requested variance is necessary to alleviate a practical difficulty
resulting from the location of the existing home in relation to the neighboring homes.
The existing hardcover exceeds permitted levels; the applicants’ proposed removals
will result in a 170 square foot reduction.
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.
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Public Comments
To date, 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
Planning Staff recommends approval of the average lakeshore setback variance to permit the
upward expansions. If the commission identifies practical difficulties which support the side yard
setback encroachment above the existing footprint and the new deck within the average
lakeshore setback staff would recommend the deck stair be moved to meet the 7.5 foot side
setback and to not encroach into the 75-foot setback.
List of Exhibits
Exhibit A. Application & Narrative
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing Survey
Exhibit D. Proposed Survey
Exhibit E. Proposed Plans and Elevations
Exhibit F. Aerial Photos
Exhibit G. Property Owners List
Exhibit H. Plat Map
AGENDA ITEM
Prepared By: Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of this action item is to gain approval to expend public funds for a golf course
event on September 17th, 2021.
2. Background. A group of residents interested in promoting the Orono Golf course head by Park
Commission Chairman Brian Roath are requesting to hold and event at the Club house on Friday
September 17th from 3-5 PM. Planned activities include live music and catering. The group requests the
city fund the musical entertainment and Catering deposit for special food offerings.
3. Cost. The table below outlines the estimated costs for the event.
Activity / Item Purpose Est.
Cost
Type
Musicians (3 hours) Musical Entertainment $550 Entertainment
Catering Deposit Special Food Offerings $500 Food
TOTAL 1050
4. Funding. Funding for the event would come from the Golf Course operating budget. As this is not a
budgeted item this may cause the expenditures for the year to exceed the budget however there are
sufficient additional golf course revenues to cover the expenses.
COUNCIL ACTION REQUESTED
Motion to authorize the use of public fund to support the Golf Course Event.
Item No.: 12 Date: August 23, 2021
Item Description: Golf Course Event Request For Funds
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
Parks and Golf Course
Report