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Home My WebLink About07-11-2022 Council PacketAgenda Council Meeting Monday, July 11, 2022 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 June 27, 2022 2. Council Work Session Minutes of June 27, 2022 3. Claims/Bills 4. Approval to Dispose of Firearms 5. Approval to Dispose of Property 6. North Shore Ravine Stabilization Project (22-028) – Award 7. Watermain Replacement Project (22-023) – Re-bid 8. Approval of Hennepin County Assessor’s Contract 9. LA22-000017 – Jon Ressler and Frank Plachecki, 3683 and 3685 North Shore Drive, Lot Width Variances – Resolution 7270 10. LA22-000024 – Sharratt Design o/b/o the owner “3350 Fox Street LLC”, 3350 Fox Street, Guest House CUP – Resolution No. 7275 11. Designate Medsurety LLC and Matrix Trust as HRA Trustee – Resolution No. 7276 Presentation 12. Tour de Tonka 13. LCMD Update – Richie Anderson Community Development Report 14. LA22-000027 – Amy Swanson, 4025 Watertown Road, Sketch Plan 15. LA22-000029 – John Peterson, 2880 Fox Street, Variance Public Comments – (Limit 3 Minutes per Person) This is an opportunity for the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Finance Report City Attorney Report City Administrator/Engineer Report Agenda Council Meeting Monday, July 11, 2022 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 Closed Session 16. The meeting will be closed as permitted by Minnesota Statutes Section 13D.05 to discuss security procedures at City meetings. Discussing this information in an open meeting would pose a danger to public safety or compromise security procedures or responses. Closed Session 17. The meeting will be closed as permitted by section 13D.05, Subdivision 3(c), to consider an offer to purchase City owned property identified as PID: 3411823320050 Adjournment Upcoming Events 2022 07-18-2022 Planning Commission Meeting, Monday, 6:00 p.m. (Dennis Walsh) 07-25-2022 City Council Work Session, Monday, 5:00 p.m. 07-25-2022 City Council Meeting, Monday, 6:00 p.m. 08-01-2022 Park Commission Work Session, Monday, 6:00 p.m. 08-08-2022 City Council Work Session, Monday, 6:00 p.m. 08-09-2022 Primary Election, Tuesday, 7:00 a.m. to 8:00 p.m. 08-15-2022 Planning Commission Meeting, Monday, 6:00 p.m. (Richard F. Crosby II) 08-22-2022 City Council Work Session, Monday, 6:00 p.m. 08-22-2022 City Council Meeting, Monday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 11 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 (arrived at 6:46 p.m.), and Victoria Seals. Commissioner Richard Crosby III was absent. Representing Staff were City Attorney Leah Koch, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, and City Planner Laura Oakden. 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 JUNE 13, 2022 2. CLAIMS/BILLS 3. ANNUAL APPOINTMENT AMENDMENT - ADDITION OF BUDGET COMMITTEE – RESOLUTION NO. 7274 4. APPROVAL TO HIRE FULL TIME OFFICER 5. HENNEPIN COUNTY COMMISSIONER CHRIS LATONDRESSE 6. ANNUAL PUBLIC HEARING FOR MS4 STORM WATER PERMIT 7. LA22-000028, PETER ESKUCHE WITH ESKUCHE DESIGN, 2605 NORTH SHORE DRIVE, VARIANCES – RESOLUTION NO. 7272 8. LA22-000017, JON RESSLER AND FRANK PLACHECKI, 3683 NORTH SHORE DRIVE AND 3685 NORTH SHORE DRIVE, LOT WIDTH VARIANCE FOR BOTH PROPERTIES 9. NAVARRE PARKING LOT (PROJECT #21-040) Johnson moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 3, Nays 0. PRESENTATION HENNEPIN COUNTY COMMISSIONER CHRIS LATONDRESSE Mr. LaTondresse noted local government is built on strong partnerships which are his main message tonight; he promises to do his part to ensure the partnership between Hennepin County and Orono stays strong. He updated the Council regarding the County government, beginning with a moment of remembrance for those who lost their lives to Covid-19, including 2,630 Hennepin County residents, as well as gratitude for the frontline workers, healthcare heroes, educators, and local governments. Mr. LaTondresse noted over 74% of Hennepin County residents are fully vaccinated offering better protection from the virus and putting everyone on the path to normalcy. He stated Hennepin County received a one- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 11 time allocation of $246,000,000 in federal funding through the American Rescue Plan Act (ARPA) and his office convened listening sessions with mayors, legislators, school leaders, and small business owners, as well as receiving responses from an online survey. The message heard from residents was that they wanted the County to balance short-term emergency pandemic response with smart, longer-term investments to build a better future. Housing stability, public safety, and supporting small businesses rose to the top of the list. Mr. LaTondresse noted this region faces an intersecting crisis of homelessness and affordability made worse by the pandemic. Hennepin County has assisted 5,800 households with more than $48,000,000 in one-time emergency rental assistance dollars. While these funds offered a lifeline in a time of crisis, it is not a sustainable or permanent solution. With the ARPA dollars, Hennepin County is going big on long-term housing stability with a historic $91,000,000 investment with the goal to help 1,000 homeless residents and create 2,000 new, affordable housing units. Last year through the annual HRA grants program the County invested $17,100,000 supporting 1,550 affordable units including several District 6 projects. Regarding public safety, in 2021 they approved the Hennepin County Sherriff’s office request for 31 new deputies to fill gaps in serving critical areas of need, approved $8,200,000 to expand the North Metro Public Training Facility in Maple Grove. They have also expanded embedded social workers to eight new police departments with 22 social workers in 23 departments serving 35 cities within the County. In 2023 Orono will join this coalition and it is a very promising partnership. Mr. LaTondresse noted fully recovering from the pandemic means supporting small businesses, the backbone of the community, and the County has provided nearly $70,000,000 through CARES and ARPA in grants to small businesses, and established Elevate Business Hennepin County. The Hennepin County Public Works Team wants to include a list of current and future County transportation projects slated in Orono, and Mr. LaTondresse shared his personal gratitude for the great collaboration between Hennepin County and Orono that has made these improvements possible. Mayor Walsh noted one of the biggest concerns is the upcoming budget with the increase in property values which is positive on one hand, and dependent upon the seven people who will vote on the budget which directly correlates to the increase in the levy. He asked Mr. LaTondresse about it. Mr. LaTondresse replied as part of the Minnesota Statute, Hennepin County is required to assess the total value of property in Hennepin County on an annual basis and report that to residents. This is the baseline/basis against which Hennepin County and other local taxing jurisdictions use to set the levy. Like Orono, Hennepin County basically says “we collected X last year and we need to collect Y percentage more” and take that from the total increased value of properties. The levy process will kick off around the same time as Orono in setting the maximum levy; in going back two years they set a zero levy which is an anomaly, and the previous year they set a 3.5% levy (he did not support colleagues who wanted to go as high as 5%). He stated it would be irresponsible right now to commit to exactly what he is willing to set it at, but gives the Council some sense about how he thinks about the topic. Mayor Walsh noted part of the quandary, like any other City or County, is if the levy increases by 3% the next year because of the high increase in property values this year, they will have a slow down or recession with prices going down 10%. Now they must start cutting costs because they do not have enough money coming in. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 11 Mr. LaTondresse replied what Mayor Walsh is describing reflects the old mill-rate system which expired in 1988. He noted they do not set a tax rate but set a max levy which is in reference to the amount of money collected this year. If they set a 3.5% levy this year in the face of roughly an 18% increase in property values it will not translate to an 18% levy increase. He noted it does not go up dramatically or down dramatically which is why the State changed the system. Johnson asked how Mr. LaTondresse’s district compared in property tax increase assessments versus the other districts. Mr. LaTondresse invited the City Council to participate in a meeting on Wednesday evening which will go over property value increases and the impact on individual property taxes. Broadly speaking in Hennepin County it has gone up 18% in value, Wright County was at 18%, Carver County at 20%, so in terms of assessed values Hennepin County is pretty comparable, noting Orono was about 24-25%. Johnson clarified his question he is curious about minimums and maximums within Hennepin County, for example downtown Minneapolis. Jim Atchison, County Assessor, stated all of the reports are based on City and suburban versus Minneapolis, so he does not have one that goes right to the districts, although he can get it for the City. In general starting in Minneapolis, the further West and North one goes the higher the increase and the higher the value of the residential property, the higher the increase. Western Hennepin had higher increases than the inner core of Minneapolis in single-family residentials. Bloomington increased more than Richfield. Edina increased more than East Bloomington, etcetera. Mr. Atchison said overall the City of Minneapolis had an increase of 6.9% with residential single-family up about 8.6%, apartments are up 7.3%, and commercial is up 4%. Johnson asked for the breakdown for Orono. Mr. Atchison shared for the City of Orono, single-family residential is up 21.9%, apartments are up 10.5%, commercial is up 13.7%, and a small sample of industrial is up 5.4%. Overall in the entire City the increase was 24.1%. Johnson noted Orono is seeing a 3X increase of values and asked if that translates to the amount of resources that come directly into their district or if they are disproportionately spread throughout Hennepin County? In other words, Orono is generating more money for more improvements through this tax increase, but does it stay here? Mr. LaTondresse replied property taxes account for about 1/3 of Hennepin County’s budget overall and the primary function of Hennepin County is human services. Those services are not geography based but follow residents where they are eligible for those programs and benefits so that is where those dollars go. There are other areas that budget directly into place-based investments such as public works, libraries, roads and bridges, housing investments, and there is concerted effort to make sure there is an equitable distribution of those resources County-wide. In looking at it in aggregate, where there is a higher concentration of residents living in poverty, there is probably a higher percentage of those program dollars going in that direction. Other things funded through property tax dollars include Sheriff’s budget, courts, County Attorney Office, and all of those services. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 11 Johnson thinks there is a growing concern that the expenses of Hennepin County are being disproportionately assessed to the suburbs. He thinks these assessments are somewhat a reflection of those concerns which is why he asked these questions. Seals stated the City of Orono has heard from many residents, specifically those who have been in their houses for a long time and are not selling their houses. Going up $200,000 when one is not going to sell their house does not do a darn thing for them and is actually pricing many of them out of their houses. In talking about 1/3 of income going into housing, doing these massive value increases does absolutely nothing for the bulk of people and actually hurts the citizens. She noted it is a fake number in many ways and she encouraged Mr. LaTondresse when thinking about these levies and saying 3.5%...she says zero. Seals thinks of her dad who is not selling his house, he is retired and his income has not changed, noting he is fortunate because he has saved all his life. However it does not make sense for all of the residents and it does not matter if one is in Minneapolis, Bloomington, or wherever, all these increases are hitting when everyone knows they are potentially going into a recession. She encouraged Mr. LaTondresse to be very scrupulous in that number and it is actually hurting more than anything. Mr. LaTondresse noted the County is hearing from residents that property taxes are actually pretty regressive and they tax based on what assessed value is. One double-whammy is that values have gone up and the State has not modified its homestead exclusion; this means a homesteaded property is taxed at a different rate ($414,000) and he thinks that is an important area of advocacy for all of the local government jurisdictions. As the residents are feeling this pressure, they can say they must do something about the homestead value market exclusion to protect the kind of residents Ms. Seals is describing. Seals stated homestead or not she thinks there are some other levers they can pull. Mayor Walsh thanked Mr. LaTondresse and Mr. Atchison for coming. PUBLIC HEARING 6. ANNUAL PUBLIC HEARING FOR MS4 STORM WATER PERMIT Edwards stated as part of the MS4 permit they must hold a yearly public hearing and give a review of efforts regarding the permit. He gave a presentation on the permit, noting it is to protect the City’s water, including rivers, lakes, and water systems. The City must have a storm water pollution prevention program and will be going through an update process this year. Edwards noted they must also initiate best management practices and have measurable goals, as well as submit reports, make sure ordinances are in compliance, and track everything. Storm water compliance activities include several storm water projects in conjunction with street projects, numerous erosion control inspections, 115 storm water inspections, 10 structural repairs/replacements, the grass and leaf disposal program, and met all requirements for publishing to newsletters and the website. He noted street sweeping activities are also a big part of the City’s storm water management program removing debris and keeping phosphorous out of the water system. Mayor Walsh opened the public hearing at 6:34 p.m. A man approached the podium [inaudible yelling]. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 11 Mayor Walsh stated he will have to wait until the public comment time. [Continued inaudible yelling.] Mayor Walsh stated they would take a five minute recess. He resumed the meeting at 6:37 p.m. Jay Nygard, 1386 Rest Point Road, asked if Mr. Edwards has any plans to deal with the storm water drainage issue on Rest Point Road that causes water to go onto his property but also onto 1380 and 1390 Rest Point Road. Edwards replied they will continue to maintain the system but do not have any projects. Mr. Nygard clarified there is no plan to fix the storm water drainage on those three properties? Edwards replied they have no plans to alter the drainage system on that road. Mr. Nygard is wondering when City storm water will stop entering his property and if there is a plan. Edwards noted the City assisted Mr. Nygard with how the storm water was entering his property and how he might fix that. Mr. Nygard asked how he might fix City storm water entering his property? How he might fix it? It is his job to fix his property to prevent City storm water from entering? Edwards replied Mr. Nygard, like any other property owner in the Country has responsibility to maintain their own property. Mr. Nygard has explained and shown Edwards City storm water is entering the two houses on the side, he brought plans to the City, and they have done nothing. He is curious whether there is a plan or if Mr. Nygard is on his own regarding storm water entering his property. Edwards noted there are no current plans to alter the storm water system on Mr. Nygard’s road. Mayor Walsh closed the public hearing at 6:40 p.m. ZONING REPORT 7. LA22-000028, PETER ESKUCHE WITH ESKUCHE DESIGN, 2605 NORTH SHORE DRIVE, VARIANCES – RESOLUTION NO. 7272 Peter Eskuche, Applicant, was present. City Planner Oakden noted the Applicant is requesting variances to construct a new house, including a building, hardcover and retaining walls in the 75 foot lakeyard, a sideyard setback and lot area variance, as well as a wetland setback and 75 foot lakeyard setback for proposed entrance monuments. The property has an inlet for Lake Minnetonka that encroaches into the lot establishing the 75 foot setback on the lakeshore and the inlet. They are proposing to build a new home and replace the existing structure; the existing home sits forward of the 75 foot setback around 18 feet from Lake Minnetonka. The variance application was approved on the site in 2019 and has since expired. The Applicant designed a home to improve the current setbacks in a similar setting as the 2019 proposal, is moving the home further back from the lakeshore, removing encroaching hardcover, and moving the house closer to the east property MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 11 line to move away from the inlet setback. The Applicant depicts a new location of entrance monuments (the property currently has monuments that could be maintained) and is requesting a 5 foot setback from the edge of the wetland where 25 is required and it is within the 75 foot setback from the inlet. The Applicant states the inlet is the practical difficulty and the existing conditions of the site for variances and notes they are improving many of the non-conformities. Staff finds the wetland buffer and lakeshore variance to allow for new entrance monuments is a convenience and not necessary for the property and does not support that variance. On June 21 the Planning Commission held a public hearing and Commissioners discussed the entrance monuments and provided feedback but noted the proposed placements of those monuments did not meet the standards. No comments were made during the public hearing and the Commission voted 6 to 1 following Staff’s recommendation. Staff recommends approval of the variances associated with new house construction and denial of the variance associated with the entrance monuments. The Commissioners discussed the monuments, noting the Applicant is making them quite a bit smaller. Peter Eskuche, 18318 Minnetonka Blvd, Deephaven, clarified the red monument on screen is to be removed and the green is proposed. Part of this is safety for the family and the other part is the amount of distance in the descent from the highway is very tight for trucks to back out. Johnson moved, Seals seconded, to approve LA22-000028, 2605 North Shore Drive, variances as written, and approving the variance for the new gate noting the other monuments must be removed. VOTE: Ayes 3, Nays 0, Abstain 1 (Printup). 8. LA22-000017, JON RESSLER AND FRANK PLACHECKI, 3683 NORTH SHORE DRIVE AND 3685 NORTH SHORE DRIVE, LOT WIDTH VARIANCE FOR BOTH PROPERTIES Jon Ressler, Applicant, was present. City Planner Oakden gave a presentation on the item, noting neighboring property owners are looking to complete an administrative boundary line adjustment. Moving the boundary is a Staff administrative action as long as no new non-conformities are created or existing non-conformity is not increased. The request to move this property boundary increases the non-conformity of lot width so a variance is required. Each property will require lot width variances in order to allow the adjustment. At 3683 North Shore Drive the lot width will decrease at the 75 foot lakeyard setback from 54 feet to 52 feet and at 3685 North Shore Drive the lot width will decrease from 92 feet to 82 feet at the Ordinary High Water Level (OHWL). The new property boundary will maintain the same lot areas overall. The proposed new property line will improve many non-conformities on both parcels. Building set back, overall hardcover, and lot width at the OHWL will improve for 3683 and the new property line will be moved off the existing driveway bringing that driveway setback closer to conformance for 3685. On May 16 the Planning Commission held a public hearing and discussed support for the application noting improvements for hardcover calculations and building setbacks were important improvements. Staff finds the lot width variance may be supported by practical difficulty; Council is asked to discuss and provide direction for Staff to draft a resolution for this item. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 11 Mr. Ressler noted this is a weird lot design that goes back to when it was platted. He is the third generation to live on the site and his father and Mr. Plachecki agreed to change when the house was rebuilt in the 1990’s to allow Mr. Plachecki to have a little more parking and the yard to be more in-line with the home. He noted if the property were ever to be sold it would be a problem because Mr. Ressler’s property line goes over Mr. Plachecki’s driveway. Mayor Walsh asked if there were any public comments. Jay Nygard, 1386 Rest Point Road, went before the City Council recently asking for a minor property adjustment and they found one little minor technicality in order to deny him. If the City Council is going to be consistent he does not see how they could have possibly denied his property line adjustment and allow it in this case, unless they will go back and visit what happened with him before. He noted he was making everything better on both properties, decreasing hardcover, removing illegal structures, and he sees a similar application here and wonders why they are all working so hard to do it. Mayor Walsh replied when they looked at Mr. Nygard’s application it was creating a very tough practical difficulty. Johnson moved, Printup seconded to direct Staff to draft a resolution for the approval of the variance on LA22-000017, 3683 North Shore Drive and 3685 North Shore Drive. VOTE: Ayes 4, Nays 0. 9. NAVARRE PARKING LOT (PROJECT #21-040) Edwards stated the Community Development Department has been working on some community engagement and a feasibility study for the Navarre Parking Lot. The action item tonight is approval of the design for the actual construction of the parking lot. He noted there are insufficient funds in the Community Investment Fund to pay for this project in its entirety. Mayor Walsh stated that is because the project has been expanded and the City has PIR funds for one- time projects to help them out and there are plenty of funds in there to get this accomplished. Typically they like to replace those funds over time, although they do not have to make a decision until the fall. Mayor Walsh opened public comments. There were no public comments. Johnson moved, Printup seconded to direct the City Engineer to move forward with engineering and design for Navarre Parking Lot and accept Bolton and Menk’s proposal. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Gabriel Jabbour thanked the Council members who wanted to meet with him, noting he chose not to meet because it is contradictory to his comments at the last meeting that it is counterproductive to talk to them individually. He said it is painfully obvious that changing the public comments to the end of the agenda is not helping. By now everyone could have left and attended to their business. He said wherever the Mayor goes a lot of controversy surrounds him and it is embarrassing to Mr. Jabbour to be called a former Mayor of Orono as Mayor Walsh has brought the bar so far down. Mr. Jabbour noted Mayor Walsh hid behind the newspaper tonight and he would say “be a man, take it in the face, deal with it, as unpleasant as it was for all of us and it will be behind us someday.” Mr. Jabbour does not think it will be behind Mayor Walsh. It is equally as embarrassing that Mayor Walsh walks barefoot through City Hall because he is MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 11 running away from what is coming at him. Mr. Jabbour would like to talk about the Fire Department issue noting when he was involved with the City one of the most distasteful things was to be accused of being up to no good with Long Lake. He sat next to a former Mayor when the City of Orono tried to stick it to Long Lake and Mr. Jabbour offered to pay all their legal fees. The most important part is their behavior to the sister City of Long Lake and Mr. Jabbour believes they are burning the City down and taking them into the sewage. He does not think this is going to go away. Tim Hultmann, 280 Lakeview Avenue, Long Lake, is a former Mayor, former Planning Commissioner, and former City Councilman. He noted the Mayor was not here to see him a couple weeks ago and the Mayor is probably not a good representative for the City of Orono. Mr. Hultmann cannot say the bad words he would like to say and stated in Long Lake people get to come speak right after the agendas but for as much deflection as possible, Orono put other people up front tonight. He noted the Mayor running out is probably the most cowardly thing he has ever seen from a person representing a City. He feels sorry for Mr. Walsh. Mayor Walsh replied he feels sorry Mr. Hultmann. Mr. Hultmann hopes the people of Orono are smart enough to not re-elect Mr. Walsh. Mayor Walsh asked if anyone else, any other clowns, wished to come forward tonight. Barbara Schmidt, 50 Landmark Drive, will not take any questions or comment due to the pending mayor lawsuit, 27CB217769, in case anyone would like to look it up. Sadly City of Orono employees were sent to Bederwood Park big woods to blow off topsoil and cut down hundreds of seedling trees and native plants on June 23, 2022. When asked to stop they said no. Why? Because the City of Orono is not listening to 95% of the citizens who do not want their parks developed for niche activities. Instead the City installing an unsafe public mountain bike course that one of the Orono Westonka team coaches said would be up to the parents to monitor in a June 7, 2021 Park Commission work session. Ms. Schmidt read a statement from the Director of the University of Minnesota Center for Forest Ecology, Lee Frelich, who is the foremost expert on big woods and has documented that Bederwood is big woods: “Regarding your question about blowing leaves and cutting native plants: both are damaging by exposing the soil to erosion over a longer part of the growing season. The leaf litter would normally take until July to be eaten by earthworms so if they are removed earlier it would lengthen the time during which the soil is exposed. The plants will have a major setback from being cut, exhausting their energy supply, and the root system to grow foliage which is harder to do after the canopy is leafed out and there is little light available. If they are cut repeatedly they could die further exposing the soil both due to lack of above ground leaves, intercepting rainfall, and reducing the speed with which it hits the soil, and of course the lack of roots holding soil in place. There are other issues reducing native plant cover such as disrupting the plant pollinator network and reducing habitat quality for nesting birds and other wildlife species.” Jay Nygard, 1386 Rest Point Road, approached the podium and stood without speaking. Kendall Nygard, 1386 Rest Point Road and 5658 Judith Road Bokeelia, FL, stated her husband is a veteran and she thanked Councilmember Printup because he has recognized veterans. She noted Mr. Nygard gave his life, potentially, to be able to stand up here and be in silent protest to Mr. Weasel Walsh who everybody thinks is a weasel. She noted he calls the residents clowns for being up here. She asked who is the clown? She sees item 10 coming up here and she better get a hell of a lot more than three MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 11 minutes to talk about the emergency slope failure. She stated when they come to vote on that item, she has so many quotes on how they have all said all the right words and taken it upon themselves to get elected about not having special interests…unless your name is Weasel Walsh…she said to just call it what it is: a barn burner. If one wants to look at a clown coming up to be scrutinized, Ms. Nygard cannot wait for the clown car to pull up and “you to get in it, buddy.” FINANCE DIRECTOR REPORT Finance Director Olson gave a presentation earlier at the work session and has nothing more to report this evening. COMMUNITY DEVELOPMENT REPORT 10. 1354 REST POINT CIR, DENNIS WALSH, EMERGENCY SLOPE FAILURE – RESOLUTION NO. 7273 Mayor Walsh recused himself from this item. Attorney Koch noted due to the Conflict of Interest, Mr. Walsh would be disqualified from participating or from voting, and will have to pass the gavel. Mayor Walsh gave the gavel to Councilmember Printup. Staff presented a summary packet of information. Oakden noted the resolution is for adopting or amending the emergency repair of a lake slope. A variance application was submitted on June 22, 2022 to repair a retaining wall at 1354 Rest Point Circle. The repair of the wall indicates a footprint expansion to support the slope of the lakeyard leaving the existing walls in place. A soil engineer has provided documentation showing that the slope failure is imminent and in need of emergency repair. Part of the City Code 72-1726 says slope failures have a direct impact on the health and welfare of Orono residents and a timely response to such events is important for the protection of the natural resources. Emergency repair shall be defined for the purposes of the article as “activities necessary to stabilize a failing slope or prevent the imminent failure of the slope in the opinion of the City Engineer.” A recommended correction of the slope failure is to construct those new walls in front of the existing walls. A building permit and a variance is required to allow the new footprint expansion of the retaining walls within the lakeyard. The City Engineer has reviewed the letter and additional information and can provide and comment on the analysis. Members of the audience called out. Johnson noted he is fine with members of the public who want to speak. The builder from Recreations Unlimited noted it is a process of putting timbers in front of the existing wall, manta ray earth anchors in the wall down 20 feet, with an additional wall on top with anchors going down 15 feet. He noted with a heavy rain it is imminent that the slope is going to fail. One cannot get a barge or backhoe to the site to do the repair so this process is keeping it the way it is and will erect in front of the wall so there is no disruption of the earth around it. He explained about the engineering of the wall. The councilmembers asked clarifying questions about the process. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 11 Printup is okay with members of the public asking to speak, but he stated there will be no name-calling and asked people to keep it to about 30 seconds. Kendall Nygard asked the builder if the clear-cutting of the bluff that happened two years ago and the City of Mound was consulted on that: could that cause erosion and imminent failure? The builder does not know how to comment on that without seeing the site. Ms. Nygard stated wouldn’t trees and roots keep soil intact? That bluff was clear-cut two years ago and she asked what date the engineering report was published. The builder replied the report he is working with was about 2-3 weeks ago. Ms. Nygard noted it was not submitted as part of the public comments to show this was done nine months ago. If it is imminent failure and people are walking down to boats and using their docks, shouldn’t there be crime scene tape up and concern? Johnson noted the builder is not on trial here and Ms. Nygard can address the City Council. Mr. Nygard asked to give the actual wording of two City documents. He noted this gentlemen in a document said that last fall was when he inspected this, so it has been months and months. If it really was this imminent thing, one would think it would have been dealt with over the winter. Secondly, he drove by and there is no tape, nothing, and two different families are going up and down to use their boats. Another issue Mr. Nygard noted as Ms. Oakden said this will be a real test of the ordinance; Mr. Nygard asked what do you mean “test of an ordinance?” The ordinance is for failing slopes for temporary emergency repairs until a plan can be installed. That is not what this is, this is for a permanent repair without a public hearing. There is no emergency and there never was. This could have been dealt with over the winter, over the spring, and dealt with in time. This emergency game going on seems to Mr. Nygard to be an avoidance of having a public hearing that could affect the project. Mr. Nygard said to not misinterpret this Code section as it is for emergency, temporary repair until a permanent repair is in. There is no danger, they are using the damn stairs. Mr. Nygard said he is sorry but he does not believe the builder when he says a barge cannot get up there. Finally, one can always remove the retaining walls and restore the natural slope: there are more solutions here than making things worse, avoiding public hearings, and trying to hide the Mayor. Dennis Walsh, 1354 Rest Point Circle, answered Mr. Nygard’s question noting the family is concerned every time they walk down as it is the only way to get down to the lake. If one reads the attached letter, if the slope goes, the stairs go, and everything goes into the lake. Yes, Mr. Walsh worries every time he goes down but things are down there and yes they are taking the chance to go down there. All it takes is one rain as the wall is going out and has completely deteriorated. He noted the issue is that the temporary fix happens to be the permanent fix as there is not a temporary fix for the wall falling down. They cannot take the wall down because the slope will also go down. Mr. Walsh stated he is actually losing deck space because it is a walking deck down there. He noted it is a problem and it needs to get fixed right now before something happens. Johnson clarified they have an engineer’s report saying it is failing and he does not know what else one would have the Council do. This is the first time it has gone through and the reason is because it took a MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 11 previous person multiple weeks to get something fixed and the City Council wanted to come back with a process. The question raised by Staff was what happens if someone had additional hardcover as the tops of retaining walls are counted as hardcover. Johnson noted the Applicant is doing like-kind and going timber wall to timber wall without changing the type of wall. He stated this was in place to expedite things so everything does not go in the lake; he said the engineering report is enough for him. Mr. Nygard shouted Mr. Walsh knew last fall. Johnson understands that and said now what is in front of the City Council is an engineering report saying there is a failure that qualifies for the emergency status that the City did. Johnson moved, Seals seconded, to approve attached Resolution 7273. VOTE: Ayes 3, Nays 0. CITY ATTORNEY REPORT Attorney Koch had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Edwards had nothing to report. MAYOR/COUNCIL REPORT Mayor Walsh stated it is summertime and Corn Days is coming up, there will be 4th of July fireworks coming u, and he asked everyone to be safe, enjoy the weather, and be sure to hydrate in the heat. ADJOURNMENT Walsh moved, Seals seconded, to adjourn the meeting after a five minute recess at 7:34 p.m. VOTE: Ayes 4, Nays 0. CLOSED SESSION 11. THE MEETING WILL BE CLOSED AS PERMITTED BY SECTION 13D.05, SUBDIVISION 3(C), TO CONSIDER AN OFFER TO PURCHASE CITY OWNED PROPERTY IDENTIFIED AS PID: 3411823320050 ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, June 27, 2022 Council Chambers 5:30 p.m. Page 1 of 1 PRESENT: Mayo r Dennis Walsh, Council Members Victoria Seals, and Matt Johnson. Staff members present were City Administrator/Engineer Adam Edwards, Interim Community Development Director Laura Oakden, Police Chief and City Clerk Anna Carlson. 1. Budget Discussion Finance Director Ron Olson presented the 2023 budget item. He explained that the city will utilize the Budget Committee to assist preparing the budget that will be adopted at the end of the year. This process is slightly different then what has been used in years past. He discussed the tax levy and Budget Overview. Factors affecting some increases in budget are inflation, wages, liability and workers comp Insurance, and Health Insurance premiums. There will be some revenues that will be going up slightly which will offset some of the increases. Mayor Dennis Walsh noted that the budget 2023 may have some challenges but overall we should be in good shape. Adjourned: 5:49 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: Ck Reviewed By: RJO 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 118966 to119088 and ACH transaction 20130267 totaling $381,984.05. 3. Noteworthy Payments. Vendor Amount Description of Payment #119014 Bolton & Menk $18,051.00 Public Work’s Facility Design. #119025 City of Long Lake $8,806.44 2nd Qtr Water and Sewer Service. #119030 Civic Systems $7,414.00 Finance Department Accounting Software - 7/1/22- 12/31/22. 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: July 11, 2022 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: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNITED STATES POSTAL SERVI 06/30/2022 118966 2022.06 UB 651-49910-322 06/22 UTILITY BILLS Storm Water 472.05 UNITED STATES POSTAL SERVI 06/30/2022 118966 2022.06 UB 601-49400-322 06/22 UTILITY BILLS Water 472.05 UNITED STATES POSTAL SERVI 06/30/2022 118966 2022.06 UB 602-49450-322 06/22 UTILITY BILLS Sewer 472.06 Total 118966:1,416.16 ACTION FENCE INC 06/30/2022 118967 22075 101-43000-403 FENCE REPAIR AT PW Public Works Department 1,540.00 Total 118967:1,540.00 ALLSTREAM 06/30/2022 118968 18535978 101-42110-321 PHONE SERVICE 06/23/22-07/22/22 Police Department 301.19 ALLSTREAM 06/30/2022 118968 18535978 101-41900-321 PHONE SERVICE 06/23/22-07/22/22 Central Services 421.67 ALLSTREAM 06/30/2022 118968 18535978 601-49400-321 PHONE SERVICE 06/23/22-07/22/22 Water 70.28 ALLSTREAM 06/30/2022 118968 18535978 602-49450-321 PHONE SERVICE 06/23/22-07/22/22 Sewer 160.63 ALLSTREAM 06/30/2022 118968 18535978 101-45210-321 PHONE SERVICE 06/23/22-07/22/22 Golf Course 50.20 Total 118968:1,003.97 AMELUXEN, CARLEE 06/30/2022 118969 2022.06 AME 101-22205 ESCROW REFUND - RPS21-27 3997 WEBB ST 1,000.00 Total 118969:1,000.00 BAYCLIFF HOMES 06/30/2022 118970 2022.06 BAY 101-22205 ESCROW REFUND - GLA21-05 2440 OLD BEACH 1,000.00 Total 118970:1,000.00 BETZ, THOMAS 06/30/2022 118971 2022.06 BET 101-22205 ESCROW REFUND - RPS21-02 805 FOREST AR 1,000.00 Total 118971:1,000.00 BOTHAM, JUSTIN 06/30/2022 118972 2022.06 BOT 101-22205 ESCROW REFUND - RPS21-54 1335 ORONO OA 1,000.00 Total 118972:1,000.00 CENTRAL PENSION FUND SOU 06/30/2022 118973 06302022 101-21705 LOCAL UNION #49 6/13/22-6/26/22 808.00 Total 118973:808.00 Century Link 06/30/2022 118974 2022.06 GC 101-45210-321 GC PHONE/INTERNET 06/19/22-07/18/22 Golf Course 230.75 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118974:230.75 CHRISTIANS INC 06/30/2022 118975 2022.06 CHR 101-22205 ESCROW REFUND - RPS20-149 3285 LAFAYETT 1,000.00 Total 118975:1,000.00 COTY CONSTRUCTION & REM 06/30/2022 118976 2022.06 COT 101-22205 ESCROW REFUND - RAS21-65 2915 SOMERSET 1,000.00 Total 118976:1,000.00 DARULA, MICHAEL 06/30/2022 118977 2022.06 DAR 999-10015 UB REFUND - 2696 CAROLINE AVE 372.73 Total 118977:372.73 DENALI HOMES 06/30/2022 118978 2022.06 DEN 101-22205 ESCROW ERROR - 3600 IVY PLACE 9,000.00 Total 118978:9,000.00 DOBOSZENSKI & SONS, INC.06/30/2022 118979 22001-026 101-43050-227 RECYCLE CLASS 5 Public Works - Spring Park 224.70 DOBOSZENSKI & SONS, INC.06/30/2022 118979 22001-026 601-49400-227 RECYCLE CLASS 5 Water 490.27 Total 118979:714.97 EARL F ANDERSON & ASSOC 06/30/2022 118980 0129369-IN 101-43000-224 SIGNS Public Works Department 249.35 Total 118980:249.35 EGAN, NICOLE 06/30/2022 118981 2022.06 101-42400-437 REIMB SEPTIC TRAINING - GRAND RAPIDS Building & Zoning 368.65 EGAN, NICOLE 06/30/2022 118981 2022.06 101-42400-331 MILEAGE - INSPECTIONS JAN-MAY 2022 Building & Zoning 19.43 Total 118981:388.08 ELMER J PETERSON CO 06/30/2022 118982 2022.06 ELM 101-22205 ESCROW REFUND - SE21-15 2720 WHITE OAK C 1,000.00 ELMER J PETERSON CO 06/30/2022 118982 2022.06 ELM 101-22205 ESCROW REFUND - SE21-11 2730 SILVER VIEW 1,000.00 Total 118982:2,000.00 ESLER, MATTHEW 06/30/2022 118983 2022.06 ESL 101-22205 ESCROW REFUND - RAS22-20 2830 GOLDENR 1,000.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118983:1,000.00 FINNEGAN, KEVIN & JESSICA 06/30/2022 118984 2022.06 FIN 101-22205 ESCROW REFUND - RPS20-143 3435 CRYSTAL 9,000.00 Total 118984:9,000.00 GREIBER, TAMI 06/30/2022 118985 2022.06 GRE 999-10015 UB REFUND - 830 WILLOW VIEW DR 55.35 Total 118985:55.35 ILLIES, RICKY 06/30/2022 118986 2022.06 ILLI 999-10015 UB REFUND - 2740 KELLY AVE 49.37 Total 118986:49.37 JEFF MCCALL CONSTRUCTION 06/30/2022 118987 2022.06 JEF 101-22205 ESCROW REFUND - RPS21-66 1955 HERITAGE 1,000.00 Total 118987:1,000.00 JOHN KRAEMER & SONS 06/30/2022 118988 2022.06 JOH 101-22205 ESCROW REFUND - RAS20-47 320 WOODHILL 1,000.00 JOHN KRAEMER & SONS 06/30/2022 118988 2022.06 JOH 101-22205 ESCROW REFUND - RAS21-67 320 WOODHILL 1,000.00 JOHN KRAEMER & SONS 06/30/2022 118988 2022.06 JOH 101-22205 ESCROW REFUND - RAS20-80 320 WOODHILL 1,000.00 Total 118988:3,000.00 JOHNSON, TIM 06/30/2022 118989 2022.06 JOH 101-22205 ESCROW REFUND - CAS21-01 725 6TH AVE N 1,000.00 Total 118989:1,000.00 LAKESIDE NETWORKS 06/30/2022 118990 2022.06 LAK 101-22205 ESCROW REFUND - ROW21-68 360 BIG ISLAND 1,500.00 LAKESIDE NETWORKS 06/30/2022 118990 2022.06 LAK 101-22205 ESCROW REFUND - ROW21-68 360 BIG ISLAND 1,500.00- LAKESIDE NETWORKS 06/30/2022 118990 2022.06 LAK 101-22205 ESCROW REFUND - ROW21-68 360 BIG ISLAND 1,500.00 LAKESIDE NETWORKS 06/30/2022 118990 2022.06 LAK 101-22205 ESCROW REFUND - ROW21-68 360 BIG ISLAND 1,500.00- Total 118990:.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW22-14 SHORELINE ES 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW22-21 DUNWOODY AV 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW22-23 WILLOW DR - L 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW22-24 1375-1379 PK D 1,500.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW22-26 CASCO POINT 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW21-59 FAGERNESS PT 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW21-60 DAHL RD - NOR 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW21-56 KELLEY PKWY - 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW21-67 IVY PL - CASCO 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW21-76 PARTENWOOD 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW22-03 -BLOSSOM CIR 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW21-72 KELLEY PRKY - 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW21-78 WILLOW DR S - 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW22-13 WATERTOWN R 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022.06 LAP 101-22205 ESCROW REFUND - ROW22-05 WILDHURST TR 1,500.00 LAPOINTE UTILITIES INC 06/30/2022 118991 2022-06 LAP 101-22205 ESCROW REFUND - ROW21-54 WILLOW DR - W 1,500.00 Total 118991:24,000.00 LECY BROS HOME & REMODEL 06/30/2022 118992 2022.06 LEC 101-22205 ESCROW REFUND - D21-14 3297 CASCO CIR 1,000.00 Total 118992:1,000.00 MANSFIELD OIL COMPANY 06/30/2022 118993 23038747 701-49800-212 DIESEL FUEL 545.53 MANSFIELD OIL COMPANY 06/30/2022 118993 23038833 101-42110-212 UNLEADED FUEL Police Department 3,989.60 MANSFIELD OIL COMPANY 06/30/2022 118993 23082585 701-49800-212 DIESEL FUEL 1,853.45 MANSFIELD OIL COMPANY 06/30/2022 118993 23238021 101-42110-212 UNLEADED FUEL Police Department 4,402.28 MANSFIELD OIL COMPANY 06/30/2022 118993 23278284 701-49800-212 DIESEL FUEL 459.20 Total 118993:11,250.06 MIKAN CUSTOM HOMES 06/30/2022 118994 2022.06 MIK 101-22205 ESCROW REFUND - RPS20-143 3435 CRYSTAL 1,000.00 Total 118994:1,000.00 PA WOODWORKING LLC 06/30/2022 118995 2022.06 PA 101-22205 ESCROW REFUND - RPS21-126 2305 BAYVIEW 1,000.00 Total 118995:1,000.00 PASZKIEWICZ, DANIELLE 06/30/2022 118996 2022.06 PAS 101-22205 ESCROW REFUND - RPS21-60 1080 N BROWN 1,000.00 Total 118996:1,000.00 PERFORMANCE POOL AND SP 06/30/2022 118997 2022.06 PER 101-22205 ESCROW REFUND - RAS20-23 389 ORONO ORA 1,000.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 118997:1,000.00 PITTS, JASON 06/30/2022 118998 2022.06 PITT 101-22205 ESCROW REFUND - RAS22-15 225 OLD CRYST 1,000.00 PITTS, JASON 06/30/2022 118998 2022.06 PITT 101-22205 ESCROW REFUND - RPS18-42 225 OLD CRYST 9,300.00 PITTS, JASON 06/30/2022 118998 2022.06 PITT 101-22205 ESCROW REFUND - LA18-69 225 OLD CRYSTAL 700.00 Total 118998:11,000.00 PRESTIGE POOLS 06/30/2022 118999 2022.06 PRE 101-22205 ESCROW REFUND - RAS21-26 320 WOODHILL 1,000.00 Total 118999:1,000.00 SHARRATT DESIGN & CO 06/30/2022 119000 2022.06 SHA 101-22205 ESCROW REFUND - LA21-54 - 2695 SHADYWOO 700.00 Total 119000:700.00 SNAP-ON TOOLS INC 06/30/2022 119001 0321221366 701-49800-240 SHOP TOOLS 614.25 Total 119001:614.25 STONEWOOD 06/30/2022 119002 2022.06 STO 101-22205 ESCROW REFUND - RPS21-29 990 HERITAGE L 1,000.00 Total 119002:1,000.00 SWANSON HOMES LLC 06/30/2022 119003 2022.06 SW 101-22205 ESCROW REFUND - RPS20-136 730 LAKEVIEW 11,000.00 Total 119003:11,000.00 WATSON, ANDREW & GABRIEL 06/30/2022 119004 2022.06 WAT 999-10015 UB REFUND - 2776 CASCO POINT RD 222.54 Total 119004:222.54 ZINTER, MATT 06/30/2022 119005 2022.06 ZIN 101-22205 ESCROW REFUND - RPS20-151 4625 SAINT AN 10,000.00 Total 119005:10,000.00 LAKESIDE NETWORKS 07/01/2022 119006 2022.06 LAK 101-22205 ESCROW REFUND - ROW21-68 360 BIG ISLAND 1,500.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119006:1,500.00 ACME TOOLS 07/11/2022 119007 18317624-00 601-49400-240 IMPACT WRENCH FOR HYDRANTS AND CURB Water 449.00 ACME TOOLS 07/11/2022 119007 18385852-00 701-49800-240 REPLACEMENT BATTERY 199.00 Total 119007:648.00 ADVANCED IMAGING SOLUTIO 07/11/2022 119008 475846911 710-49970-413 PW COPIER LEASE 06/20/22-07/20/22 132.76 Total 119008:132.76 ALLIANCE BUILDERS 07/11/2022 119009 2022.07 ALLI 101-22205 ESCROW REFUND - RPS21-36 15 STUBBS BAY 9,000.00 ALLIANCE BUILDERS 07/11/2022 119009 2022.07 ALLI 101-22205 ESCROW REFUND - SE21-04 15 STUBBS BAY R 1,000.00 Total 119009:10,000.00 AMAZON CAPITAL SERVICE 07/11/2022 119010 11RL-GCX7-101-43100-223 MIRCROWAVE FOR BRUSH SITE Brush Site 69.99 AMAZON CAPITAL SERVICE 07/11/2022 119010 11RL-GCX7-101-41900-223 GARAGE DOOR OPENERS Central Services 109.50 AMAZON CAPITAL SERVICE 07/11/2022 119010 11RL-GCX7-701-49800-221 SHOP SUPPLIES(OIL PAN, TIRE VALVE CAPS)79.72 Total 119010:259.21 ASPEN EQUIPMENT 07/11/2022 119011 10238872 701-49800-222 UNIT #424 SWITCH SANDER 38.98 Total 119011:38.98 Aspen Mills 07/11/2022 119012 296046 101-42110-226 NEW HIRE UNIFORMS- KNAPEK Police Department 44.71 Aspen Mills 07/11/2022 119012 296084 101-42110-226 UNIFORMS - STRUM Police Department 134.85 Total 119012:179.56 Awards by Cindy LLC 07/11/2022 119013 5164 101-42110-489 ENGRAVING FOR EXPLORER AWARD Police Department 8.00 Total 119013:8.00 BOLTON & MENK INC.07/11/2022 119014 0291974 440-48975-304 21-039 PW FACILITY DESIGN 18,051.00 Total 119014:18,051.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOYER TRUCKS INC 07/11/2022 119015 003P22845 701-49800-222 PARTS FOR DUMP TRUCKS 901.70 BOYER TRUCKS INC 07/11/2022 119015 003P22847 701-49800-221 REPAIR DUMP TRUCK 23.17 BOYER TRUCKS INC 07/11/2022 119015 003P22952 701-49800-221 REPAIR DUMP TRUCK 252.35 BOYER TRUCKS INC 07/11/2022 119015 003P22954 701-49800-222 PARTS FOR DUMP TRUCKS 504.70 Total 119015:1,681.92 BRANDON MAURER 07/11/2022 119016 06212022 B 101-43000-226 REIMB FOR BOOTS Public Works Department 250.00 Total 119016:250.00 BUREAU OF CRIM. APPREHEN 07/11/2022 119017 0000007016 101-42110-311 STATE CONNECTION Police Department 510.00 Total 119017:510.00 CAPITAL BEVERAGE SALES LP 07/11/2022 119018 2703847 101-45210-091 ALCOHOL RESALE Golf Course 395.60 Total 119018:395.60 CARGILL SALT 07/11/2022 119019 2907306851 601-49400-216 SOFTENER SALT Water 6,130.51 Total 119019:6,130.51 CECE S SIGNS 07/11/2022 119020 9066 101-41900-404 GRAPHIC FOR CITY HALL / COUNCIL DOOR Central Services 80.00 Total 119020:80.00 CEDAR TOWING & AUCTION 07/11/2022 119021 200363 101-42110-436 RECOVERED STOLEN - 2007 FORD FIVE HUND Police Department 280.87 Total 119021:280.87 CENTURY LINK 07/11/2022 119022 2022.07 CEN 101-22205 ESCROW REFUND - ROW21-15 2655 W LAFAYE 1,500.00 Total 119022:1,500.00 CHUNKS LAKESHORE AUTO 07/11/2022 119023 0018564 101-42110-402 WHEEL ALIGNMENT SQUAD #267 Police Department 133.44 CHUNKS LAKESHORE AUTO 07/11/2022 119023 0018577 101-42110-402 SQUAD #254 RPL IGNITION SWITCH/OIL/FILTER Police Department 223.69 CHUNKS LAKESHORE AUTO 07/11/2022 119023 0018582 101-42110-402 OIL/FILTER SQUAD # 255 Police Department 56.39 CHUNKS LAKESHORE AUTO 07/11/2022 119023 0018623 101-42110-402 SQUAD # 265 OIL/FILTER/TIRE REPAIR FR Police Department 159.88 CHUNKS LAKESHORE AUTO 07/11/2022 119023 0018630 101-42110-402 OIL CHANGE/FILTER # 267 Police Department 142.03 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119023:715.43 CITY OF BLOOMINGTON 07/11/2022 119024 20820 601-49400-489 LAB FEES Water 33.00 Total 119024:33.00 CITY OF LONG LAKE 07/11/2022 119025 2022.07 602-49450-387 2ND QTR 2022 SEWER SERVICE Sewer 5,459.99 CITY OF LONG LAKE 07/11/2022 119025 2022.07 601-49400-387 2ND QTR 2022 WATER SERVICE Water 3,346.45 Total 119025:8,806.44 City of Orono Utilities 07/11/2022 119026 2022.06 CH&101-41900-382 JUNE 2022 UB CH & PD Central Services 611.20 City of Orono Utilities 07/11/2022 119026 2022.06 CH&101-42110-382 JUNE 2022 UB CH & PD Police Department 611.20 City of Orono Utilities 07/11/2022 119026 2022.06 PO 101-41900-382 JUNE 2022 UB - PO Central Services 84.72 City of Orono Utilities 07/11/2022 119026 2022.06 PW 101-41900-382 JUNE 2022 UB- PW Central Services 185.29 City of Orono Utilities 07/11/2022 119026 2022.06 WT 601-49400-382 JUNE 2022 UB - WTP Water 145.70 Total 119026:1,638.11 CITY OF ST PAUL 07/11/2022 119027 IN49710 101-43000-212 TACK OIL Public Works Department 297.00 Total 119027:297.00 CITY OF WAYZATA 07/11/2022 119028 JUNE 2022 601-49400-387 JUNE 2022 WATER Water 4,083.45 CITY OF WAYZATA 07/11/2022 119028 JUNE 2022 602-49450-387 JUNE 2022 SEWER Sewer 11,357.40 Total 119028:15,440.85 CITYVIEW PLUMBING & HEATIN 07/11/2022 119029 122368801 101-41900-404 PLUMBING REPAIRS CITY HALL Central Services 1,705.70 Total 119029:1,705.70 CIVIC SYSTEMS LLC 07/11/2022 119030 CVC22232 710-49970-416 SOFTWARE SUPPORT - 7/1-12/31/22 7,414.00 Total 119030:7,414.00 COMMERCIAL ASPHALT 07/11/2022 119031 220615 101-43000-224 BLACKTOP PATCHING Public Works Department 496.31 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119031:496.31 CONTINENTAL RESEARCH CO 07/11/2022 119032 0036669 701-49800-212 GREASE 474.50 CONTINENTAL RESEARCH CO 07/11/2022 119032 0036669 101-41900-223 WINDOW CLEANER Central Services 198.70 Total 119032:673.20 CORE & MAIN 07/11/2022 119033 R003726 601-49400-227 HYDRANT SUPPLIES Water 49.83 Total 119033:49.83 COUNTRYSIDE WELDING REPA 07/11/2022 119034 06292022 701-49800-222 UNIT #426 REPAIR TO WING 400.00 Total 119034:400.00 DAHLHEIMER BEVERAGE MON 07/11/2022 119035 1606488 101-45210-091 ALCOHOL Golf Course 924.95 Total 119035:924.95 ECM PUBLISHERS INC 07/11/2022 119036 898172 101-41900-352 ORDINANCE NOTICE Central Services 166.88 ECM PUBLISHERS INC 07/11/2022 119036 898173 101-41900-352 ORDINANCE NOTICE Central Services 83.44 ECM PUBLISHERS INC 07/11/2022 119036 898174 101-41900-352 ORDINANCE NOTICE Central Services 44.70 ECM PUBLISHERS INC 07/11/2022 119036 898175 101-41900-352 ORDINANCE Central Services 52.78 ECM PUBLISHERS INC 07/11/2022 119036 898361 101-42400-340 COMMUNITY DEV DIRETOR AD Building & Zoning 180.00 ECM PUBLISHERS INC 07/11/2022 119036 899194 651-49910-352 22-028 N. SHORE RAVINE STABILIZATION PROJ Storm Water 167.41 Total 119036:695.21 FASTENAL 07/11/2022 119037 MNPLY1357 101-43000-224 BOLTS FOR SIGNS Public Works Department 122.18 FASTENAL 07/11/2022 119037 MNPLY1357 101-43000-224 MARKING PAINT (WHITE)Public Works Department 142.70 Total 119037:264.88 G&H Distributing & Supply Inc 07/11/2022 119038 00161537 701-49800-222 UNIT #425 POWER STERRING HOSE 31.92 Total 119038:31.92 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-540784 701-49800-221 HD QUICK COUPLIER 30.39 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-540931 701-49800-222 SHOP FILTERS 159.71 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-541348 701-49800-222 UNIT #110 PM AND BELT 71.14 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-541463 701-49800-221 MICROV RIBBED BELT UNIT #110 24.00 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-541918 701-49800-222 FENDER MOUNTING CLIPS UNIT#111 6.45 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-541946 701-49800-221 AIR FILTERS FOR #623 78.58 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542036 701-49800-222 OIL FILTER AND SEAL FOR #432/#431 116.65 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542051 701-49800-221 AIR FILTER FOR #431 67.92 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542051 701-49800-222 COUPLERS 36.68 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542297 101-43050-224 BATTERY FOR ZERO-TURN #65288 Public Works - Spring Park 49.25 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542352 701-49800-221 BATTERY 258.81 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542352 701-49800-212 ANTIFREEZE 31.98 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542358 701-49800-221 BRAKES FOR 409 139.88 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542358 701-49800-222 AIR FILTER 56.97 GENUINE PARTS COMPANY/NA 07/11/2022 119039 3270-542366 701-49800-221 BATTERY CORE 18.00- Total 119039:1,110.41 GOPHER ACE 07/11/2022 119040 011524/1 101-45210-404 IRRIGATION PARTS Golf Course 5.49 GOPHER ACE 07/11/2022 119040 011582/1 101-45210-223 GOLF COURSE SUPPLIES Golf Course 27.98 GOPHER ACE 07/11/2022 119040 011639/1 101-45210-223 FANS FOR CLUBHOUSE Golf Course 67.98 GOPHER ACE 07/11/2022 119040 11474/1 101-43000-240 SHOP SUPPLIES Public Works Department 63.57 GOPHER ACE 07/11/2022 119040 11496/1 701-49800-221 SHOP SUPPLIES 20.98 GOPHER ACE 07/11/2022 119040 11514/1 701-49800-212 NON OXY FUEL 9.59 GOPHER ACE 07/11/2022 119040 11514/1 701-49800-221 SPARK PLUG AND FILTER PATCH TRUCK BLOW 18.98 GOPHER ACE 07/11/2022 119040 11563/1 101-45210-240 SMALL TOOLS Golf Course 86.98 GOPHER ACE 07/11/2022 119040 11571/1 101-45200-223 GRAFFITI REMOVAL TOOLS Parks 36.97 GOPHER ACE 07/11/2022 119040 11572/1 101-45210-223 CHAIN - LAMP LINK Golf Course 5.94 GOPHER ACE 07/11/2022 119040 11577/1 101-45210-404 GREENMASTER 800 - NUTS/BOLTS Golf Course 5.84 GOPHER ACE 07/11/2022 119040 11674/1 101-45200-223 PARK SUPPLIES Parks 114.56 GOPHER ACE 07/11/2022 119040 11694 /1 101-45210-404 GREENMASTER 800 - NUTS/BOLTS Golf Course .89 Total 119040:465.75 GOPHER STATE ONE CALL 07/11/2022 119041 2060653 602-49450-227 LOCATES - SEWER Sewer 277.43 GOPHER STATE ONE CALL 07/11/2022 119041 2060653 601-49400-489 LOCATES - WATER Water 277.42 Total 119041:554.85 HAWKINS INC 07/11/2022 119042 6211279 601-49400-216 WATER PLANT CHEMICALS Water 40.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119042:40.00 Hoffman & McNamara Co 07/11/2022 119043 20582 408-48800-590 18-043 CSAH 112 PH2 LANDSCAPING 10,024.20 Total 119043:10,024.20 HOLIDAY COMPANIES 07/11/2022 119044 0796010722 101-42110-402 AUTO WASHES Police Department 280.50 Total 119044:280.50 HOLTON ELECTRIC CONTRACT 07/11/2022 119045 4458 101-43000-404 MOVED ELEC IN MAINTANCE SHOP Public Works Department 1,401.73 Total 119045:1,401.73 INTOXIMETERS INC 07/11/2022 119046 710999 101-42110-580 NEW PBT Police Department 605.00 Total 119046:605.00 LANO EQUIPMENT 07/11/2022 119047 03-919351 701-49800-221 UNIT #623 MOWER REPAIRS BLADE/BELT/SPIN 485.85 LANO EQUIPMENT 07/11/2022 119047 03-923654 101-45210-404 GREENSMASTER 800 Golf Course 26.38 Total 119047:512.23 LAPOINTE UTILITIES INC 07/11/2022 119048 2022.07 LAP 101-22205 ESCROW REFUND - ROW21-55 BROWN RD N - 1,500.00 LAPOINTE UTILITIES INC 07/11/2022 119048 2022.07 LAP 101-22205 ESCROW REFUND - ROW22-01 SUGARWOOD D 1,500.00 LAPOINTE UTILITIES INC 07/11/2022 119048 2022.07 LAP 101-22205 ESCROW REFUND - ROW22-22 SHORELINE DR 1,500.00 Total 119048:4,500.00 LEOWEBPROTECT.com 07/11/2022 119049 3888 101-42110-416 LICENSING Police Department 143.06 Total 119049:143.06 MACQUEEN EQUIPMENT 07/11/2022 119050 P43064 701-49800-221 UNIT 460 LATHES FOR SIDE PANEL 216.05 Total 119050:216.05 MANSFIELD OIL COMPANY 07/11/2022 119051 23357014 101-42110-212 UNLEADED FUEL Police Department 6,283.91 MANSFIELD OIL COMPANY 07/11/2022 119051 23357192 701-49800-212 DIESEL FUEL 1,761.49 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MANSFIELD OIL COMPANY 07/11/2022 119051 23357232 701-49800-212 DIESEL FUEL 319.32 MANSFIELD OIL COMPANY 07/11/2022 119051 23398075 101-42110-212 UNLEADED FUEL Police Department 3,098.91 Total 119051:11,463.63 MASTEC 07/11/2022 119052 2022.07 MAS 101-22205 ESCROW REFUND - ROW21-12 3596 SHORELIN 1,500.00 Total 119052:1,500.00 MCLEOD COUNTY RECORDER 07/11/2022 119053 2022.07 DIC 101-41900-441 NOTARY PUBLIC LIC - NOLA DICKHAUSEN Central Services 20.00 Total 119053:20.00 Metro Sales Inc 07/11/2022 119054 INV2066605 710-49970-401 COPIERS - USAGE 03/19/22-6/18/22 100.02 Metro Sales Inc 07/11/2022 119054 INV2066605 710-49970-401 COPIERS - LEASE 6/19/22 - 9/18/22 70.00 Metro Sales Inc 07/11/2022 119054 INV2066606 710-49970-401 COPIERS - USAGE 3/19/22-6/18/22 1,596.29 Metro Sales Inc 07/11/2022 119054 INV2066606 710-49970-401 COPIERS - LEASE 6/19/22 - 9/18/22 278.00 Total 119054:2,044.31 METROPOLITAN COUNCIL ENVI 07/11/2022 119055 0001117811 602-49450-383 WASTWATER SERVICE 1/2021 Sewer 58,379.16 METROPOLITAN COUNCIL ENVI 07/11/2022 119055 0001136611x 602-49450-383 WASTWATER SERVICE 4/2022 Sewer 59,036.55 Total 119055:117,415.71 MEYER, BRUCE & NANCY 07/11/2022 119056 2022.07 MEY 999-10015 UB REFUND - 605 PARK LN 93.74 Total 119056:93.74 MINNEAPOLIS OXYGEN COMPA 07/11/2022 119057 00094968 101-43000-415 ACETYLENE, OXYGEN Public Works Department 63.81 MINNEAPOLIS OXYGEN COMPA 07/11/2022 119057 00094969 101-42110-221 O2 FILL Police Department 106.35 MINNEAPOLIS OXYGEN COMPA 07/11/2022 119057 00094970 101-42110-221 MEDICAL OXYGEN Police Department 18.27 Total 119057:188.43 MINNESOTA EQUIPMENT 07/11/2022 119058 P77040 701-49800-221 REPAIR PARTS UNIT 623 - VALVE 1,119.65 MINNESOTA EQUIPMENT 07/11/2022 119058 P77041 701-49800-221 OIL / AIR FILTER UNIT 450 231.32 MINNESOTA EQUIPMENT 07/11/2022 119058 P77350 701-49800-221 GASKETS FOR MOTOR REPAIR #623 9.37 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119058:1,360.34 MN DEPT OF HEALTH 07/11/2022 119059 2022.06 RAT 601-49400-441 WATER SUPPLY SYSTEM OPERATOR CLASS R Water 23.00 Total 119059:23.00 MOUND TRUE VALUE 07/11/2022 119060 181872 101-42110-322 SHIPPING CHARGES Police Department 24.81 Total 119060:24.81 MTI DISTRIBUTING INC 07/11/2022 119061 1348627-00 101-45210-402 FAIRWAY MOWER REPAIR- HYD MOTOR ASM Golf Course 1,694.86 MTI DISTRIBUTING INC 07/11/2022 119061 1350479-00 101-45210-223 IRRIGATION TOOLS Golf Course 219.14 MTI DISTRIBUTING INC 07/11/2022 119061 1352081-00 101-45210-404 MOWER REPAIR - BELT Golf Course 22.94 Total 119061:1,936.94 NAVARRE HARDWARE 07/11/2022 119062 337785 101-43000-212 PRE MIXED FUEL 50:1 Public Works Department 39.99 NAVARRE HARDWARE 07/11/2022 119062 337849 601-49400-227 PACKAGING TAPE FOR WTR SAMPLES Water 4.79 NAVARRE HARDWARE 07/11/2022 119062 337871 701-49800-221 REPLACEMENT BLOWER BUCKET TRUCK 149.99 NAVARRE HARDWARE 07/11/2022 119062 337873 101-43000-224 HAND TOOLS - CHISEL Public Works Department 41.98 NAVARRE HARDWARE 07/11/2022 119062 337876 601-49400-322 UPS SHIPPING CHARGE Water 20.11 Total 119062:256.86 Navarre Minnoco 07/11/2022 119063 061322 701-49800-212 NON OXY FUEL 69.02 Navarre Minnoco 07/11/2022 119063 5558 701-49800-212 NON OXY FUEL - BOAT 22.84 Total 119063:91.86 NELSON, BRIAN & JULIE 07/11/2022 119064 2022.07 NEL 999-10015 UB REFUND - 2685 COPPER VIEW DR 75.69 Total 119064:75.69 Newegg Business Inc 07/11/2022 119065 1303949533 710-49970-221 COMPURTOR - PW SHOPS 274.99 Total 119065:274.99 OLSEN CHAIN AND CABLE INC 07/11/2022 119066 687363 701-49800-403 ANNUAL HOIST INSPECTION 231.00 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119066:231.00 OLYMPIC POOLS 07/11/2022 119067 2022.07 OLY 101-22205 ESCROW REFUND - RAS21-18 1100 KNOLL MAN 1,000.00 Total 119067:1,000.00 OPD BUSINESS SOLUTIONS LL 07/11/2022 119068 2475866960 101-42110-201 MISC OFFICE SUPPLIES Police Department 116.02 OPD BUSINESS SOLUTIONS LL 07/11/2022 119068 24850811700 101-42110-201 MISC OFFICE SUPPLIES Police Department 73.82 OPD BUSINESS SOLUTIONS LL 07/11/2022 119068 2496064140 101-41900-201 PENS Central Services 9.58 OPD BUSINESS SOLUTIONS LL 07/11/2022 119068 2496072320 101-41900-201 OFFICE SUPPLIES Central Services 150.51 OPD BUSINESS SOLUTIONS LL 07/11/2022 119068 2501936330 101-42110-201 MISC OFFICE SUPPLIES Police Department 123.41 OPD BUSINESS SOLUTIONS LL 07/11/2022 119068 2501995510 101-42110-201 MISC OFFICE SUPPLIES Police Department 13.56 OPD BUSINESS SOLUTIONS LL 07/11/2022 119068 2536223490 101-41900-201 OFFICE SUPPLIES Central Services 44.67 OPD BUSINESS SOLUTIONS LL 07/11/2022 119068 2590193633 101-42110-201 MISC OFFICE SUPPLIES Police Department 123.41 Total 119068:654.98 PLUNKETT S 07/11/2022 119069 7568556 101-41900-404 CITY HALL PEST CONTROL 6/22 Central Services 232.54 Total 119069:232.54 QUADIENT INC 07/11/2022 119070 N9471307 101-41900-401 POSTAGE MACHING LEASE 7/28/22-10/27/22 Central Services 878.94 Total 119070:878.94 Riverside Design 07/11/2022 119071 3142 101-42110-352 ENVELOPES Police Department 136.80 Total 119071:136.80 ROB HOWELLS 07/11/2022 119072 2022.07 614-49840-319 2ND QTR 2022 VIDEO STREAMING Cable Franchise 800.00 Total 119072:800.00 SIGEL, STEVE 07/11/2022 119073 2022.07 SIG 999-10015 UB REFUND - 1399 PARK DR 136.08 Total 119073:136.08 SiteOne Landscape Supply LLC 07/11/2022 119074 120574048-0 101-45210-404 GOLF IRRIGATION REPAIR Golf Course 949.08 SiteOne Landscape Supply LLC 07/11/2022 119074 120585929-0 101-45210-240 IRRIGATION TOOLS Golf Course 59.43 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SiteOne Landscape Supply LLC 07/11/2022 119074 120713105-0 101-45210-240 IRRIGATION TOOL Golf Course 9.00 Total 119074:1,017.51 SNAP-ON TOOLS INC 07/11/2022 119075 0627221402 601-49400-227 SOCKET SWIVAL 15/16 HYDRANT REPAIRS Water 84.00 Total 119075:84.00 STREICHERS POLICE EQUIP 07/11/2022 119076 1575142 101-42110-226 NEW HIRE UNIFORM - KNAPEK Police Department 104.98 Total 119076:104.98 TALLEN AND BAERTSCHI 07/11/2022 119077 2022 JUNE P 101-41600-306 PROSECUTION SERVICES-6/2022 Law/Legal Services 2,990.80 Total 119077:2,990.80 THEISEN, BENJAMIN 07/11/2022 119078 111-7702438-101-43000-226 PPE BOOTS Public Works Department 209.95 Total 119078:209.95 TimeSaver Off Site Secretarial Inc 07/11/2022 119079 M27435 101-41300-319 CC MEETING MINUTES Administration 154.00 TimeSaver Off Site Secretarial Inc 07/11/2022 119079 M27435 101-42400-319 PC MINUTES Building & Zoning 227.00 Total 119079:381.00 UNIFIRST CO 07/11/2022 119080 090 0703426 101-43000-226 UNIFORMS - PW Public Works Department 105.28 UNIFIRST CO 07/11/2022 119080 090 0703426 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CO 07/11/2022 119080 090 0703426 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 07/11/2022 119080 090 0704792 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 07/11/2022 119080 090 0704792 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CO 07/11/2022 119080 090 0704792 101-43000-226 UNIFORMS - PW Public Works Department 105.24 UNIFIRST CO 07/11/2022 119080 090 0706149 101-43000-226 UNIFORMS - PW Public Works Department 109.31 UNIFIRST CO 07/11/2022 119080 090 0706149 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CO 07/11/2022 119080 090 0706149 701-49800-221 SHOP TOWELS - PW 5.70 Total 119080:395.43 UNIFIRST CORPORATION 07/11/2022 119081 0900702066 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CORPORATION 07/11/2022 119081 0900702066 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CORPORATION 07/11/2022 119081 0900702066 101-43000-226 UNIFORMS - PW Public Works Department 105.24 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 07/11/2022 119081 0900704821 101-45210-223 LAUNDRY SERVICE Golf Course 26.07 Total 119081:156.51 US Bank Equipment Finance 07/11/2022 119082 475696696 710-49970-413 COPIERS 596.76 Total 119082:596.76 Warning Lites of MN 07/11/2022 119083 235290 101-43050-319 SPARK WATER MAIN BREAK Public Works - Spring Park 325.90 Total 119083:325.90 WASTE MANAGEMENT RECYC 07/11/2022 119084 0093884-280 603-49500-316 RECYCLING JUNE 22 ORGANICS 86.81 WASTE MANAGEMENT RECYC 07/11/2022 119084 0093884-280 603-49500-316 RECYCLING 7/2022 16,031.32 Total 119084:16,118.13 WATCHGUARD VIDEO 07/11/2022 119085 ACCINV0035 101-42110-240 BWC PARTS Police Department 535.00 WATCHGUARD VIDEO 07/11/2022 119085 RMAINV000 101-42110-240 BWC PARTS Police Department 265.00 Total 119085:800.00 WILLIAMS TOWING 07/11/2022 119086 #22-11103 101-42110-402 SQUAD REPAIR-TOW #265 Police Department 215.00 Total 119086:215.00 Winning Edge Inc 07/11/2022 119087 167036 101-42110-240 RETIREMENT PLAQUE - HWAY Police Department 158.27 Total 119087:158.27 Yamaha Golf & Utility 07/11/2022 119088 01-246944 101-45210-415 CART LEASE Golf Course 1,650.00 Total 119088:1,650.00 FURTHER 06/30/2022 201302 40270441 101-21719 FSA CLAIM REIMBURSEMENT 155.03 FURTHER 06/30/2022 201302 40272672 101-21719 FSA CLAIM REIMBURSEMENT 52.40 FURTHER 06/30/2022 201302 40286208 101-21719 FSA CLAIM REIMBURSEMENT 29.13 Total 20130267:236.56 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 6/28/2022 - 7/11/2022 Jul 07, 2022 02:40PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Grand Totals: 381,984.05 AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval for the disposal of a firearms. 2. Background. Over the last several years the police department has acquired several guns (2) by various means. Some have been taken during search warrants and others have been seized when used illegally. These 2 guns will be sold to a reputable license firearms dealer. 3. Project Scope. Sale of firearms. 22-000977 Springfield 1911-A1 S/N - NM677799 22-001334 Winchester Model 1200 S/N - L945547 4. Staff Recommendation. I recommend the sale/disposal of a firearms as listed above. COUNCIL ACTION REQUESTED Motion to sell/dispose of 2 firearms to a licensed firearms dealer in the area. Item No.: 4 Date: July 11, 2022 Item Description: Approval to Dispose of Firearms Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By: 1.Purpose. The purpose of this action item is to gain approval for the disposal of unclaimed property. 2.Background. The Orono Police Department has unclaimed property that has been turned in to the department. The unclaimed property was found or abandoned within the city. The following property has not been claimed. All of the property has been in the department’s possession for more than 60 days. The police department considers the property as abandoned property and would like to dispose through Excelsior Coin and Collectibles or similar business. 3.Project Scope. Disposal of unclaimed property. To include the following 19-3196 platinum 3 millimeter wedding band no stones 19-0292 14K, synthetic ruby and diamond ring. 14K amethyst and diamond ring. 14K synthetic emerald and diamond ring. 14K amethyst and diamond ring. 14k opal and pearl ring. 10K blue topaz and diamond ring. 10K peridot and diamond ring 10K color enhanced topaz 10K synthetic pink sapphire and synthetic ruby ring. 4.Staff Recommendation. I recommend that the disposal of unclaimed property. COUNCIL ACTION REQUESTED Motion to approve the dispose of the unclaimed property through Excelsior Coin and Collectibles or other similar. Item No.: 5 Date: July 11, 2022 Item Description: Approval to Dispose of unclaimed property Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to award the North Shore Ravine Stabilization Project (22-028). 2. Background. At the January 24th, 2022 City Council meeting the Council authorized the design and engineering for the North Shore Ravine Stabilization Project. Staff and Bolton and Menk prepared designs and solicited bids. 3. Scope of Work. Stabilization of the ravine in the lake access point / fire lane between 4731 and 4745 North Shore Drive (CSAH 19). (Exhibit A) 4. Cost. The city received 7 bids (Exhibit B). The lowest bid was for $103,705.00 from Sunram Construction. In addition to the construction cost, Bolton and Menk provided a proposal of NTE $ 11,280 for construction oversight. (Exhibit C) Who Work Cost Status BMI Design and Engineering $11,500 Approved NTE Sunram Construction $ 103,705.00 Pending Award BMI Construction Oversight $ 11,280 NTE Pending Approval TOTAL $126,485.00 5. Funding. Funding for the project will come from the Stormwater fund and ARP Funds received. Fund Amount Est. 2022 End of Year Fund Balance Stormwater Fund $126,485.00 $1,578,927 Total $126,485.00 6. Staff Recommendation. I recommend we award of the project to Sunram and approval of the proposal from BMI. COUNCIL ACTION REQUESTED Move to award the North Shore Ravine Stabilization project to Sunram Companies for $103,705.00 and accept the proposal form BMI for Construction oversight for a fee not to exceed $11,280. Exhibits A. Site Plan B. Bid Summary C. BMI Proposal Item No.: 6 Date: July 11, 2022 Item Description: North Shore Ravine Stabilization Project (22-028)- Award Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda Exhibit B Bid Summary Vendor Bid Amount Sunram Construction $ 103,705.00 Minger Construction $ 111,650.00 Haho Companies $ 144,360.00 G.Urban Companies $ 146,850.00 Pember Companies $ 152,968.00 Northdale Construction $ 202,282.66 Parkstone Contracting $ 367,030.00 925 930 935 940 945 950 955 960 965 970 975 980 985 990 925 930 935 940 945 950 955 960 965 970 975 980 985 990 0+00 92 8 . 4 93 3 . 1 93 5 . 8 0 93 5 . 0 0+50 94 0 . 6 5 93 9 . 9 94 4 . 7 2 94 5 . 7 94 8 . 7 4 95 0 . 7 95 6 . 2 1+00 95 8 . 1 96 0 . 2 96 2 . 3 96 4 . 2 1+50 96 5 . 8 96 7 . 4 97 0 . 5 97 3 . 7 2+00 97 9 . 1 98 3 . 6 98 4 . 5 98 5 . 5 2+50 98 5 . 8 98 5 . 7 98 6 . 2 3+00 174' - E X 2 4 " S T M @ 2 1 . 4 5 % ( E S T I M A T E D ) 174' EX 24" RCP@ 21.45% 10' - EX 24" RCP @ 21.97% 10' EX 24 " S T M @ 21.9 7 % EXISTING PROFILE OVER PIPE PROPOSED PROFILE OVER PIPE PROPOSED EAST GABION WALL PROFILE PROPOSED WEST GABION WALL PROFILE EXISTING WEST GABION WALL PROFILE EXISTING EAST GABION WALL PROFILE D D MH STM R=983.38 I=NE (CAN'T GET INVERT) SW (CAN'T GET INVERT) BOTTOM OF STRUCTURE 3 FT. OF SILT I= I=975.24 I=I=I= CB R=983.52 I=N (CAN'T GET INVERT) NW (24") SW (CAN'T GET INVERT) BOTTOM OF STRUCTURE 974.47I= I= I=974.47I=I= I = 9 7 0 . 8 5 I = 9 6 4 . 1 5 I = 9 6 6 . 9 1 I = 9 7 1 . 1 5 M M S MH SAN R=985.39 I=NW (8") SE (8")971.48 971.49 I=I=I=I=I= C I = 9 8 2 . 1 4 P M X X X X X X X OU OU OU OU OU OU OU OU OU OU OU OU OU OU G R A V E L B I T . P A T C H I N G OLD SILT FENCING E D G E O F W A T E R 2 0 2 2 . 0 3 . 3 0 P E R M A N E N T D O C K S T R U C T U R E G-C G-C G-C G-C G-C G-C G-C G-C G-C G-C G-C G-C G - C G - C G - C G - C G - C G - C G - C G - C G - C C - C C - C C - C C - C C - C > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >> >> >> >> >> >> > > > > > > > > > > 2 4 " C M P 2 4 " C M P 1 8 " C M P >> >> >> >> > > > > > > > > > > > > > > > > > > > > > > > > 4 " D . T . ( T Y P . ) O U O U O U O U O U O U O U O U O U C L V T I = 9 3 5 . 3 5 JENNINGS BAY GRAVEL BI T U M I N O U S R O A D W A Y BIT. PATCHING OLD SILT FENCING EDGE OF WATER 2022.03.30 PERMANENT DOCK STRUCTURE INVERT COULDN'T BE FOUND. LOCATION SHOWN IS ASSUMED. 24" CMP 24" CMP 18" CMP 4" D.T. (TYP.) 4739 TONKAVIEW CT 0+00 1+00 2+00 B P : 0 + 0 0 . 0 0 PI : 2 + 2 3 . 6 1 PI : 2 + 3 3 . 7 6 NO R T H S H O R E D R I V E 94 9 94 8 94 6 94 1 9 4 5 940 9 5 0 9 5 5 9 6 0 9 3 5 93 0 93 0 92 9 96 5 97 0 97 5 98 0 98 5 98 5 94 0 93 5 94 5 950 955 960 97 0 965 97 5 98 0 9 8 5 98 4 56 . 0 0 35 . 0 0 5 3 . 0 0 53 . 0 0 5 6 . 0 0 50 . 0 0 47 . 0 0 5 0 . 0 0 44 . 0 0 4 7 . 0 0 41 . 0 0 4 4 . 0 0 38 . 0 0 4 1 . 0 0 3 8 . 0 0 4 1 . 0 0 44 . 0 0 4 4 . 0 0 47 . 0 0 4 7 . 0 0 50 . 0 0 5 0 . 0 0 53 . 0 0 56 . 0 0 5 3 . 0 0 56 . 0 0 95 094 794 5 94 4 94 2 94 3 94 0 93 9 93 8 93 7 936 2638 SHADOW LANE, SUITE 200 CHASKA, MINNESOTA 55318 Phone: (952) 448-8838 Email: Chaska@bolton-menk.com www.bolton-menk.comR DATELIC. NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ROBERT E. BEAN, JR 40410 06/14/2022 REB DDS JJW SHEET B o l t o n & M e n k , I n c . 20 2 2 , A l l R i g h t s R e s e r v e d c H: \ O R N O \ 0 C 1 1 2 6 6 3 6 \ C A D \ C 3 D \ 1 2 6 6 3 6 C 6 0 1 . d w g 6/ 1 4 / 2 0 2 2 2 : 4 2 : 2 8 P M DESIGNED DRAWN CHECKED CLIENT PROJ. NO. ISSUED FOR DATENO. OF CITY OF ORONO, MINNESOTA NORTH SHORE DRIVE REVINE STABILIZATION 0C1126636 7 PLAN & PROFILE STA. X+XX - STA. X+XX 7 FEETSCALE 0 10 20 HORZ. FEETSCALE 0 5 10 VERT. NORTH SHORE RAVINE LEGEND TEMPORARY ACCESS TURF REINFORCEMENT MAT & SEED MIX 36-211 GABION WALL GRADE CONTROL STRUCTURE (PLAN) R FIELD LOCATE ACCESS WITH CITY PRIOR TO ANY WORK FIELD LOCATE END OF 24" RCP STORM SEWER AND EXTEND AS NECESSARY TO PROPOSED SLOPE. INSTALL NEW 24" RCP APRON AND RIPRAP. COORDINATE IMPROVEMENTS WITH CITY PRIOR TO ANY WORK AND REVISE LAYOUT AND ELEVATION OF IMPROVEMENTS AS NECESSARY TO ACCOMMODATE EXISTING CONDITIONS. EASEMENT LINE EASEMENT LINE CONTRACTOR SHALL PROVIDE TRAFFIC CONTROL AS REQUIRED BY HENNEPIN COUNTY, INCLUDING FLAGGERS. (INCIDENTAL) TREE TRIMMING AND BRUSH REMOVAL IS INCIDENTAL. REMOVE AND DISPOSE TRASH AND DEBRIS EXCESS MATERIAL SHALL BE REMOVED AND DISPOSED OF BY THE CONTRACTOR ALL WORK MUST REMAIN IN THE EASEMENT R:\Projects\22-028 Storm-Northshore Ravine Stabilization\Fee Estimate - North Shore Drive Ravine Construction Services.docx June 29, 2022 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: North Shore Drive Ravine Stabilization – Construction Services Dear Adam: As requested, we have prepared a scope of services and estimated fee for the construction services associated with the North Shore Drive Ravine Stabilization Project. Scope of Services Construction Staking and Observation Construction staking will be provided along with part time construction observation (10 hours per week for 4 weeks). Duties of the Construction Observer will include the following:  Attendance at the pre-construction meeting and all construction-related meetings  Serve as a liaison between the city and the contractor  Review of the completed work to determine if the project is in general conformance with the plans and specifications  Review of all materials testing  Maintenance of construction documentation  Communication with affected property owners, as necessary, to address their construction- related concerns and issues Construction Administration Construction administration duties will include the following:  Administering a pre-construction meeting  Review of shop drawings  Preparation of pay estimates  Contractor Communications  Liaison with City Staff and Council Record drawings detailing the completed improvements as recorded by the construction observer and the City of Orono’s contractor will be completed and furnished to the city in hard copy and electronic format. Record plans will also be linked to the city mapping system and the City’s GIS system will be updated. North Shore Drive Ravine Stabilization June 29, 2022 Page 2 R:\Projects\22-028 Storm-Northshore Ravine Stabilization\Fee Estimate - North Shore Drive Ravine Construction Services.docx Fee Estimate Based on the scope of services described above, we propose a not-to-exceed of $11,280 to be billed on an hourly basis. Additional services that may be required after the contract substantial completion date for the project will be billed on an hourly basis. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to reject all bids received and direct staff to solicit new bids for a recued scope for the Watermain Replacement Project (22-023). 2. Background. At the January 24th, 2022 council meeting Council authorized the design and engineer of a water main replacement project along CSAH 19 south of CSAH 15. Staff and Bolton and Menk prepared designs and solicited bids. 3. Scope of Work. The project consists of the replacement of the water main the runs south along Shadywood Road (CSAH 19). 4. Cost. The city received 3 bids. The lowest bid was for $1,515,175.00. This is well above the funds available for the project. Vendor Bid Amount Bituminous Roadways Inc. $ 1,578,057.00 Geislinger & Sons $ 2,041,660.00 New Look Contracting, Inc. $ 2,530,025.00 5. Funding. Funding for the project will come from a combination of the water fund and ARP Funds received. Fund Amount Est. 2022 End of Year Fund Balance Water Fund $500,000 $742,680 ARP Funding $500,000 NA Total $1,000,000 6. Staff Recommendation. I recommend we rebid the project with a reduced scope to get the project under $1,000,000. The original scope included the main all the way from the Intersection with 15 south to Tonka Bay. The reduced scope will include the main south from 15 to Maple Ridge which includes the worst sections of the current main. COUNCIL ACTION REQUESTED Move to reject all bids and direct staff to solicit bids at a reduced scope. Item No.: 7 Date: July 11, 2022 Item Description: Watermain Replacement Project (22-023) – Re-bid Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda AGENDA ITEM Prepared By: RJO Reviewed By: RJO Approved By: 1. Purpose: To gain approval to use Hennepin County Assessors for assessing city properties for assessment year 2023. 2. Background: The City has contracted with Hennepin County for assessing services since August of 1998. The current one-year agreement expires on July 31, 2022. The proposed agreement covers assessing services from August 1, 2022 through July 31, 2023 and will be used set the tax base for taxes collected in 2024. The contract includes two one year extensions that can be executed for maximum term of three years. 3. Funding: The City cost for the 2023 assessing services will be $254,000 and are budgeted under Assessing Services in the General Fund. 4. Staff Recommendation: Staff recommends continuing the partnership with Hennepin County Assessor’s office to provide assessing services for city properties. An experienced staff with knowledge of the unique and high quality properties allow the assessors assigned to Orono to provide excellent customer service to our residents. As part of the County, the local assessors also have access other assessing expertise that the dwindling number of private assessors do not have available to them. City staff also benefits from having the assessors in house to provide direct support to the Administration, Finance and Planning departments. COUNCIL ACTION REQUESTED Motion to approve the attached Hennepin County Assessing Agreement Exhibits A. Hennepin County Assessing Agreement B. Why Hennepin Information Item No.: 8 Date: July 11, 2022 Item Description: Approval of Hennepin County Assessor’s Contract Presenter: Ron Olson, Finance Director Agenda Section: Consent Agenda Contract No. A22XXXXX AGREEMENT THIS AGREEMENT, made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF “ORONO”, a political subdivision of the State of Minnesota, hereinafter referred to as "CITY"; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The COUNTY shall perform the 2023 property assessment for the CITY OF ORONO in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth in (2) Exhibit A, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish, without charge, secured office space needed by the COUNTY at appropriate places in the CITY's offices. Such office space shall be sufficient in size to accommodate reasonably two (2) appraiser and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during typical business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary copying machines and fax machines and their respective supplies, and telephone and internet service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY's offices, or via telephone or teleconference, a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex-offender status or national origin; and no (3) person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay and retirement benefits. 8. CITY agrees that it will defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless (4) from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney’s fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The CITY’s liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 9. COUNTY agrees that it will defend, indemnify and hold the CITY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney’s fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the COUNTY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The COUNTY’s liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 10. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability arising out of, resulting from or in any manner related to contract, tort, warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. (5) 11. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 12. This Agreement shall commence on August 1, 2022 and shall terminate on July 31, 2023. Either party may initiate up to two (2) one (1) year extensions of this Agreement by giving the other written notice of its intent to so extend prior to March 1, 2023 and March 1, 2024. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend prior to, April 15, 2023 this Agreement shall terminate on July 31, 2023. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1, 2024. Either party may terminate this Agreement: 1) immediately for "just cause", as defined herein, or 2) for any reason, upon providing 120 days prior written notice to the other party. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non- completion of a property tax assessment, to the extent the non-completion was not directly caused by a material breach of this agreement by the County. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. (6) 13.A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of Two Hundred Fifty-Four Thousand Dollars ($254,000) for each assessment, provided that any payment for the current year’s assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year’s assessment. The amount of any increase or decrease shall be specified in the billing for the current year’s assessment. 13.B. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $254,000 may also be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, mileage, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and/or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant to this paragraph 13(B), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds seven and one half percent (7.5%) of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement (7) by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said next calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price-change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to August1 of any year, provided that if such price increase exceeds said seven and one half percent (7.5%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price-change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later than forty-six (46) days after the CITY's receipt of any said price-increase notice. Payment for each assessment shall be made in the following manner: Approximately one-half (1/2) of the cost of an assessment (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than the fifteenth (15th) day of the November which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the pertinent year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within thirty (30) days after receipt thereof. (8) 14. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY: City Administrator City of Orono PO Box 66 Crystal Bay, MN 55323 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: Hennepin County Assessor 300 South 6th Street - 213 Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 15. It is expressly understood that the obligations of the respective parties under Paragraphs 7, 8, 9, 12, and 13 hereof and the obligations of each party which, by their sense and context, are intended to survive the performance thereof by the same party, shall so survive the completion of performance, termination or cancellation of this Agreement. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (9) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this ______ day of _____________, 2022. COUNTY OF HENNEPIN STATE OF MINNESOTA Reviewed by County Attorney’s Office: By: Chair of the County Board ______________________ Date: _________________ And: Assistant/Deputy/County Administrator ATTEST: Deputy/Clerk of the County Board CITY OF ORONO By: TO BE SIGNED ELECTRONICALLY Its And: TO BE SIGNED ELECTRONICALLY Its City organized under: ______ Statutory ______Option A ______ Option B ______Charter (10) Contract No. A2XXXXX EXHIBIT A CITY OF ORONO During the contract term, the County shall: 1. Physically inspect and revalue 20% of the real property, as required by law. 2. Physically inspect and value all new construction, additions and renovation. 3. Adjust estimated market values on those properties not physically inspected as deemed necessary per sales ratio analysis. 4. Prepare the initial assessment roll. 5. Print and mail valuation notices. 6. Respond to taxpayers regarding assessment or appraisal problems or inquiries. 7. Conduct valuation reviews prior to Board of Review or Open Book Meetings, as determined by the City – approximate dates: March through May 15. 8. Attend Board of Review or conduct Open Book Meeting. Prepare all necessary review appraisals. Approximate dates: April 1 – May 31. 9. Maintain an updated property file – current values, classification data and characteristic data. 10. Prepare divisions and combinations as required. 11. Administer the abatement process pursuant to Minn. Stat. §375.192. 12. Prepare appraisals; defend and/or negotiate all Tax Court cases. 13. Provide all computer hardware and software applications necessary to complete contracted services. 14. Process all homestead and special program applications. Customer Service Customer service is an important core value of Hennepin County and is an integral part of the Hennepin County Assessor’s practical vision and office values. • We are committed to having professional employees that are equipped with the training and skills needed to effectively educate and serve our stakeholders. • We strive for open communication with stakeholders for an effective partnership. • We engage and respond to customers with care in all situations. • We achieve excellence in valuation and classification at a reasonable cost. Our mission is to value and classify property, uniformly and accurately. ASSESSORS OFFICE At a Glance Learn why the Hennepin County Assessor’s Office should be your choice for your assessing needs. Why Hennepin County? • Customer Service • Uniformity & Accuracy • Trust & Transparency • Resources & Tools • Experience & Expertise • Professional Staff Trust and Transparency We are committed to establishing a culture of trust and transparency by enforcing: • Clear expectations for measurable success • High level of assessment standards and professional conduct • Required IT security training • A commitment by staff to the function of valuing and classifying property for Hennepin County HENNEPIN COUNTY June 1, 2022 Resources and Tools • Our staff has access to tools such as Pictometry, Marshall & Swift, RecordEase, GIS and licensed valuation publications. • We use Open Book resources and options including a ‘regional’ Open Book with multiple locations and times. • Our data is digitized and secure. • We have direct access to legal counsel. Assessment Uniformity and Accuracy Our informed staff are knowledgeable of regional and local markets, rather than just one city. Photo Caption Professional Staff Our team consists of well-networked, well educated staff who have connections and resources with colleagues not only in the profession of assessing, but also with other county resources such as IT, project management, training and education. In addition: • Many of our staff members are active in professional organizations, giving them better access to education and training resources, networking and a larger influence in guiding related state wide policies. • You can have confidence and trust in staff that undergo background checks, driver’s license validations and data security training. • We engage our staff by offering fair compensation, good benefits, opportunities for growth and an inviting culture. • We ensure stability and continuity of staff through mentoring and knowledge transfer. • We do not use sub-contractors for appraisal staff. Experience & Expertise Our team consists of 60 plus staff that collectively has hundreds of years of service and experience in the assessing profession. This does not include additional years of fee appraisal, construction, property management and other real estate experience. In addition, all of our staff receive professional education and continuing assessment training. We have 40 team members with assessment designations through the Minnesota State Board of Assessors, 24 of which are Senior Accredited Minnesota Assessors, the highest level of accreditation given by the State Board of Assessors. Our staff: • Includes experts specializing in homesteads, exemptions, Veteran’s Exclusions, Open Space, Green Acres, Local Board of Appeal and Equalization and tax court appeals • Is qualified to appraise all property in Hennepin County • Is specialized in dealing with executive homes, lakeshore and agricultural properties • Has valuation modeling & statistical analysis experts • Has direct access to IT/technical experts, legal experts, real estate tax experts, project managers, trainers and business analysts ASSESSOR’S OFFICE HENNEPIN COUNTY AGENDA ITEM Prepared By: L. Oakden Reviewed By: A. Carlson Approved By: 1. Purpose. Adoption of an approval resolution relating to the lot width variances at 3683 and 3685 North Shore Drive. 2. Background. The applicants, Ressler and Plachecki, are neighboring property owners at 3683 and 3685 North Shore Drive. The applicants would like to complete an administrative boundary line adjustment (officially called a Subdivision Exception) which can be completed by staff and recorded by the owner. Moving a property boundary is an administrative action at the staff level as long as no new non-conformities are created or an existing non-conformity is not increased. The requested variance would allow the City to administratively adjust the boundary line. Each property will require a lot width variance in order to allow the boundary line adjustment. Lot width is measured in two places on lakeshore properties, at the ordinary high water level (OHWL) and at the 75’ lakeyard setback. Properties in the LR-1C district require 100’ lot width. Due to the angle of the proposed lot line, the lot width will decrease at the 75’ lakeyard setback from 54’ to 52’ at 3683 North Shore Drive and at 3685 North Shore Drive it will decrease from 92’ to 82’ at the OHWL. At the June 27th meeting, the City Council directed staff to draft an approval resolution for lot width variances at 3683 and 3685 North Shore Drive. 3. 15.99 Deadline. The application was considered to be complete on May 5, 2022. The 60-day review period was extended by staff and will expire August 31, 2022. 4. Public Comment. No public comment was made at the May 16, 2022 Planning Commission meeting. One person spoke in opposition at the June 27, 2022 City Council meeting. Draft Council meeting minutes are attached as Exhibit C. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7270 Exhibits A. Draft Resolution B. Proposed Survey C. City Council Minutes 6.27.22 References CC Exhibit 6.27.22 PC Exhibits 5.16.22 Item No.: 9 Date: July 11, 2022 Item Description: LA22-000017 – Jon Ressler and Frank Plachecki, 3683 and 3685 North Shore Drive, Lot Width Variances – Resolution 7270 Presenter: Laura Oakden Interim Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7270 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA22-000017 WHEREAS, on May 5, 2022, Jon Ressler and Frank Plachecki (hereinafter the “Applicants”), applied for a variances from the City Code for the properties addressed 3683 North Shore Drive and 3685 North Shore Drive, both lake-front lots, and legally described as: 3683 North Shore Drive (Ressler): (Per Certificate of Title No. 1400923) Lot 5, "Crystal Beach" AND (Per Doc. No. T1609693) All that part of abandoned County State Aid Highway No. 51 (shown as County Road in the plat "Crystal Beach"), which lies between the northwesterly extensions of the northeasterly and southwesterly lines of Lot 5, "Crystal Beach" except that part of said Highway lying northwesterly of a line drawn parallel with and distant 50 feet southeasterly of the present centerline of C.S.A.H. No. 51, described as follows: Commencing at the intersection of the centerline of said County State Aid Highway No. 51 and the South line of Section 8, Township 117, Range 23 (said point also being the intersection with the centerline of C.S.A.H. No. 19); thence run Northeasterly at an angle of 107 degrees 54 minutes with the north-south centerline of said C.S.A. H. No. 19 for a distance of 111 .4 feet; thence deflect left along a tangential curve having a radius 572.96 feet (delta angle 31 degrees 39 minutes) for a distance of 316.5 feet; thence tangent to said curve for a a distance of 344.7 feet and there terminating. (hereinafter “Property A”) And 3685 North Shore Drive (Planchecki): (Per Certificate of Title no. 1404615) Lot 6 and 7, "Crystal Beach" That part of Lot 2, Block 1, "Crystal Bay View" lying southerly of the southerly line of Lot 7, "Crystal Beach". AND (Per Doc. No. T1609693) All that part of abandoned County State Aid Highway No. 51 (shown as County Road in the plat "Crystal Beach"), which lies between the northwesterly extensions of the northeasterly and southwesterly lines of Lot 5, "Crystal Beach" except that part of said Highway lying northwesterly of a .line drawn parallel with and distant 50 feet southeasterly of the present centerline of C.S.A.H. No. 51, described as follows: Commencing at the intersection of the centerline of said County State Aid Highway No. 51 and the South line of Section 8, Township 117, Range 23 (said point also being the intersection with the centerline of C.S.A.H. No. 19); thence run Northeasterly at an angle of CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7270 2 107 degrees 54 minutes with the north-south centerline of said C.S.A.H. No. 19 for a distance of 111.4 feet; thence deflect left along a tangential curve having a radius 572.96 feet (delta angle 31 degrees 39 minutes) for a distance of 316. 5 feet; thence tangent to said curve for a distance of 344. 7 feet and there terminating. (hereinafter “Property B”); WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 for lot width for Property A and Property B; and WHEREAS, on May 16, 2022, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 May 16, 2022, the Planning Commission recommended approval of the variances; and WHEREAS, on June 27, 2022, the City Council directed preparation of findings for approval of the variances. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000017. 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 Properties are located in the LR-1C Zoning District. 3. Property A contains 0.16 acres in area and has a defined lot width of 63 feet at the Ordinary High Water Level and 52 feet at the 75-foot lakeyard setback. 4. Property B contains 0.41 acres in area and has a defined lot width of 82 feet at the Ordinary High Water Level and 173 feet at the 75-foot lakeyard setback. 5. The Properties are within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7270 3 6. Applicants have applied for the following variance[s]: a. Property A- Lot Width at the 75-foot lakeyard setback b. Property B- Lot Width at the Ordinary High Water Level 7. Both Property A and Property B are nonconforming to lot-width, area and setbacks. Due to the angle of the proposed lot line, the lot width will decrease at the 75’ lakeyard setback from 54’ to 52’ at 3683 North Shore Drive and at 3685 North Shore Drive it will decrease from 92’ to 82’ at the OHWL. 8. The proposed property boundary will maintain the same lot area sizes overall. 9. The proposed new property line will improve many non-conformities on the both lots. The building setback, overall hardcover and lot width at the OHWL will improve for 3683 North Shore Drive and the new property line will be move away from existing driveway bringing the driveway setback closer to conformance for 3685 North Shore Drive. 10. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the ordinance is to establish minimum lot sizes and protect against overcrowding at the lakeshore. The proposed variances do not negatively impact those goals. The Applicants’ proposal would serve to improve some existing nonconformities in the substandard lot widths, hardcover, and building setback orientation. 2. The variance is consistent with the comprehensive plan. The single-family residential use of the Properties is consistent with the comprehensive plan and the variance allows the property owners to have property boundaries consistent with their actual and practical use given the unique topography of the area. 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 realign the shared property line between two nonconforming lots improves nonconforming lot width, hardcover, and building setback as applied to for the adjacent properties. The CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7270 4 request is a reasonable use of the Properties as it will further the goals of protecting against overcrowding at the lakeshore in this zoning district and lessen difficulties created by historical development in the neighborhood. Furthermore, the decrease in hardcover at 3683 North Shore Drive serves to mitigate the impacts of hardcover runoff and improve storm water management for the property. b. There are circumstances unique to the property not created by the landowner; The unique shape, size, and orientation of the Properties present challenges. The properties have been developed over time, not exclusively by the property owners. The proposed boundary line adjustment follows the historic development pattern the area which has created difficulties at the lakeshore due to non-conforming lots. The suggested reallocation of land would result in an improvement of the existing nonconformities and closer to conformity with the current zoning requirements for the neighborhood. It would also provide the property owners with properties boundaries consistent with their actual use of the properties given the unique topography of the lots. There should be consideration for variance approvals from the lot width as the Applicants are proposing improvements on both lots. c. The variance will not alter the essential character of the locality. The lots are both nonconforming as they pertain to lot width, similar to other lots in the neighborhood. Altering the lot line between the parcels improves the lot width as one point of measurement but increase the nonconformity at another point of measurement creating an even trade between the two nonconforming parcels. Any impact to the area is positive as it allows the property owners to have property boundaries consistent with their actual and practical use given the unique topography 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. 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 a single family home is permitted 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7270 5 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The Applicants propose changes to the lot line which will bring substandard elements of the Properties closer to conformity with the zoning code. The lot width limitations are common to the neighborhood but as it relates to the Applicants’ properties provide unique limitations as to each Property Owners particular use of their lots. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The substandard lot width is not unique to the immediate neighborhood, but as it relates to the Applicants’ properties provide unique limitations as to each Property Owners particular use of their lots The Applicants wish to bring several of the substandard lot conditions closer to conformance of the city code. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property owners indicate that the Properties have historically been maintained by the owners in accordance with the desired lot line change, due to the unique topography of the lots. Granting the lot width variances to allow a lot line adjustment is consistent with how the properties have been used which will better protect the rights of the property owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The granting of a lot width variance to a permit boundary line adjustment on nonconforming properties is not in conflict with the intent of the comprehensive plan and zoning chapter, and will further the goals of protecting against overcrowding at the lakeshore in this zoning district. Furthermore, the decrease in hardcover at 3683 North Shore Drive serves to mitigate the impacts of hardcover runoff and improve storm water management for the property 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 stated the variances are necessary due to the historic use and maintenance of the properties. This action is not a convenience, but serves to conform the properties due to their practical use by the property owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-350 for lot width on Property A and Property B, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7270 6 2. The approved project shall conform to the survey dated May 2, 2022 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Properties not with the Applicants, but are permissive only and must be exercised by filing a Subdivision Exemption in order to move the shared property boundary following Exhibit A. Filing for a lot line arrangement must be submitted to Hennepin County within one year of the date of Council approval, or the variance will expire on that date (July 11, 2023). 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 11th day of July, 2022 ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 8. LA22-000017, JON RESSLER AND FRANK PLACHECKI, 3683 NORTH SHORE DRIVE AND 3685 NORTH SHORE DRIVE, LOT WIDTH VARIANCE FOR BOTH PROPERTIES Jon Ressler, Applicant, was present. City Planner Oakden gave a presentation on the item, noting neighboring property owners are looking to complete an administrative boundary line adjustment. Moving the boundary is a Staff administrative action as long as no new non-conformities are created or existing non-conformity is not increased. The request to move this property boundary increases the non-conformity of lot width so a variance is required. Each property will require lot width variances in order to allow the adjustment. At 3683 North Shore Drive the lot width will decrease at the 75 foot lakeyard setback from 54 feet to 52 feet and at 3685 North Shore Drive the lot width will decrease from 92 feet to 82 feet at the Ordinary High Water Level (OHWL). The new property boundary will maintain the same lot areas overall. The proposed new property line will improve many non-conformities on both parcels. Building set back, overall hardcover, and lot width at the OHWL will improve for 3683 and the new property line will be moved off the existing driveway bringing that driveway setback closer to conformance for 3685. On May 16 the Planning Commission held a public hearing and discussed support for the application noting improvements for hardcover calculations and building setbacks were important improvements. Staff finds the lot width variance may be supported by practical difficulty; Council is asked to discuss and provide direction for Staff to draft a resolution for this item. Mr. Ressler noted this is a weird lot design that goes back to when it was platted. He is the third generation to live on the site and his father and Mr. Plachecki agreed to change when the house was rebuilt in the 1990’s to allow Mr. Plachecki to have a little more parking and the yard to be more in-line with the home. He noted if the property were ever to be sold it would be a problem because Mr. Ressler’s property line goes over Mr. Plachecki’s driveway. Mayor Walsh asked if there were any public comments. Jay Nygard, 1386 Rest Point Road, went before the City Council recently asking for a minor property adjustment and they found one little minor technicality in order to deny him. If the City Council is going to be consistent he does not see how they could have possibly denied his property line adjustment and allow it in this case, unless they will go back and visit what happened with him before. He noted he was making everything better on both properties, decreasing hardcover, removing illegal structures, and he sees a similar application here and wonders why they are all working so hard to do it. Mayor Walsh replied when they looked at Mr. Nygard’s application it was creating a very tough practical difficulty. Johnson moved, Printup seconded to direct Staff to draft a resolution for the approval of the variance on LA22-000017, 3683 North Shore Drive and 3685 North Shore Drive. VOTE: Ayes 4, Nays 0. AGENDA ITEM Prepared By: mcc Reviewed By: L. Oakden Approved By: 1. Purpose. This application is regarding a conditional use permit (CUP) for a guest house use. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on April 20, 2022. The 60-Day review period has been extended and now expires on August 18, 2022. 3. Background/ Summary. The applicant is proposing to construct a second story addition over the existing oversized detached garage to serve as a guest house use. A guest house uses requires a conditional use permit. The property is just over 7 acres in area within the LR-1A zoning district where 2.0 acres is the minimum size. A minimum of 4.0 acres is required for a guest house use in this district. The ±1,300 square foot building is conforming with respect to size and location. 4. Planning Commission Vote and Comment. On June 21, 2022, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion in favor of approval for the requested conditional use permit subject to the owners upgrading the existing 5- bedroom septic system to serve the additional bedroom(s) in the guest house. 5. Public Comment. No comments from the public were received. 6. Staff Recommendation. Staff recommends approval of the CUP conditioned upon the septic system size upgrade. COUNCIL ACTION REQUESTED Motion to adopt the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. 60-day extension E. PC Staff Report 06/21/2022 References PC Exhibits 06/21/2022 A. Application & Narrative B. Existing Survey C. Existing Garage Elevations D. Proposed Plans and Elevations E. Aerial Views F. Property Owners List G. Plat Map H. 60-day Extension I. Septic Compliance Report Item No.: 10 Date: July 11, 2022 Item Description: LA22-000024 – Sharratt Design o/b/o the owner “3350 Fox Street LLC”, 3350 Fox Street, Guest House CUP – Resolution No. 7275 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7275 1 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-303(2) FILE NO. LA22 -000024 WHEREAS, on April 20, 2022, on the property owner’s behalf Nora Kirkwold of Sharratt Design and Company (hereinafter the “Applicant”), applied for a conditional use permit (hereinafter the “CUP”) pursuant to City Code for the property addressed 3350 Fox Street and legally described as: Lot 4, Block 1, Fullerton Estates, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made an application to the City of Orono for a CUP pursuant to Orono Municipal Zoning Code Section 78-303(2) to permit a guest house use in a detached building on the Property; and WHEREAS, on June 21, 2022, 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 June 21, 2022, the Planning Commission recommended approval of the CUP conditioned upon upsizing the septic system to handle the additional bedrooms; and WHEREAS, on July 11, 2022, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested guest house CUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000024. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7275 2 2. The Property is located in the LR-1A Zoning District. 3. The Property contains over 7 acres in area. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. Guest House CUP 6. In considering this application for the conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed permit upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CONDITIONAL USE PERMIT ANALYSIS: The City must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential uses are consistent with the CMP guiding for this Property. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvements including the guest house use are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The Property is served with a private septic system and a private well. The applicant is aware that the septic system must be upsized at the time of building permit. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7275 3 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed guest house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The guest house is residential in visual character and is expected to be compatible with the principal building on the Property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the guest house will be residential-looking in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed use is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The guest house use will be in the existing detached garage and it is situated in conforming location. The guest house will not be significantly visible when viewed from off the Property, and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed guest house use is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed use will not generate any of these undesirable issues. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7275 4 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The guest house is designed to conform to the residence on the Property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicant is hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. Conditional use permit approval shall be granted only when the following criteria are met: 1. Regarding the guest house CUP, the lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The council finds that the proposed use of the pool cabana with a shower will not be detrimental to the residential character of the neighborhood. 4. The council finds that the plumbing fixtures proposed in the cabana are in keeping with the applicants’ intended use of the accessory building. 5. The property owner agrees to the filing of a covenant in the title of the Property providing that the accessory buildings will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to Orono Municipal Zoning Code Section 78-303 to permit a guest house use, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The undersigned Owner agrees to the filing of a restrictive covenant against the title of the Property providing that the guest house will not be: a) Used for a home occupation unless specifically approved by the city or if allowed by this Code. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7275 5 b) Used as a dwelling unless a guest house conditional use permit is obtained. c) Rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit and a septic system permit for the new construction and commencing construction of said project. The permits must be obtained within one year of the date of Council approval, or the conditional use permit will expire on that date (July 11, 2023). 4. 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 11th day of July, 2022. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7275 6 3350 Fox Street, LLC A Delaware Limited Liability Company By: ________________________ Todd Phelps, Vice President STATE OF ______________ COUNTY OF _____________ This instrument was acknowledged before me this ___ day of ___________, 20___, by Todd Phelps, the Vice President of 3350 Fox Street, LLC a Delaware corporation, on behalf of the corporation. ____________________________________ Notary Public Existing Garage / Proposed Guest House (/ ( & (/ ( & (/ ( & (/ ( & 3$ 1 ( / 3$ 1 ( / 3$ 1 ( / 3$ 1 ( / (; , 6 7 (; , 6 7 (; , 6 7 (; , 6 7 3,3 ( 6 3,3 ( 6 3,3 ( 6 3,3 ( 6 (; , 6 7 3 , 3 ( (; , 6 7 3 , 3 ( (; , 6 7 3 , 3 ( (; , 6 7 3 , 3 ( '( 7 $ & + ( ' * $ 5 $ * ( (; , 6 7 & 2 1 & 35 , 0 $ 5 < ( / ( & 35 , 0 $ 5 < ( / ( & 35 , 0 $ 5 < ( / ( & 35 , 0 $ 5 < ( / ( & 3$ 1 ( / $ 1 ' 0 ( 7 ( 5 6 3$ 1 ( / $ 1 ' 0 ( 7 ( 5 6 3$ 1 ( / $ 1 ' 0 ( 7 ( 5 6 3$ 1 ( / $ 1 ' 0 ( 7 ( 5 6 (; , 6 7 ) ( 1 & ( (; , 6 7 ) ( 1 & ( (; , 6 7 ) ( 1 & ( (; , 6 7 ) ( 1 & ( (; , 6 7 (; , 6 7 (; , 6 7 (; , 6 7 7 $ / / % 5 , & . : $ / / 7 $ / / % 5 , & . : $ / / 7 $ / / % 5 , & . : $ / / 7 $ / / % 5 , & . : $ / / $ $ $ $ $ 0( & + (; , 6 7 & 2 1 & 67 $ , 5 6 1( : 7 , / ( 6+ 8 7 7 ( 5 ( ' ( ; , 6 7 : 1 ' : 6+ 8 7 7 ( 5 ( ' ( ; , 6 7 : 1 ' : 6+ 8 7 7 ( 5 ( ' ( ; , 6 7 : 1 ' : 6+ 8 7 7 ( 5 ( ' ( ; , 6 7 : 1 ' : 6+ 8 7 7 ( 5 ( ' ( ; , 6 7 : 1 ' : 6+ 8 7 7 ( 5 ( ' ( ; , 6 7 : 1 ' : 6+ 8 7 7 ( 5 ( ' ( ; , 6 7 : 1 ' : 6+ 8 7 7 ( 5 ( ' ( ; , 6 7 : 1 ' : (; , 6 7 ' ( & 2 5 $ 7 , 9 ( ' 2 2 5 7 2 5 ( 0 $ , 1 (; , 6 7 ' ( & 2 5 $ 7 , 9 ( ' 2 2 5 7 2 5 ( 0 $ , 1 (; , 6 7 ' ( & 2 5 $ 7 , 9 ( ' 2 2 5 7 2 5 ( 0 $ , 1 (; , 6 7 ' ( & 2 5 $ 7 , 9 ( ' 2 2 5 7 2 5 ( 0 $ , 1 1( : 1( : 1( : 1( : ;;;; )8 5 1 )8 5 1 )8 5 1 )8 5 1 :+ :+ :+ :+ 1( : ) ' 1( : ) ' 1( : ) ' 1( : ) ' 1( : 3 / $ 1 . 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;;;68%0,66,21)25&83 68%0,66,21)25&83 68%0,66,21)25&83 68%0,66,21)25&83 5(68%0,66,21)25&83 5(68%0,66,21)25&83 5(68%0,66,21)25&83 5(68%0,66,21)25&83 $7%'7%')2;675((7//&)2;675((75(02'(/,1*)25 2521201 $ 6( & 7 , 2 1 7 + 5 2 8 * + . , 7 & + ( 1 $ 6( & 7 , 2 1 7 + 5 2 8 * + % $ 7 + $ /2 1 * , 7 8 ' , 1 $ / 6 ( & 7 , 2 1 $ 6( & 7 , 2 1 7 + 5 2 8 * + 6 7 $ , 5 6 $ 6( & 7 , 2 1 7 + 5 2 8 * + / , 9 , 1 * $ ) / 2 2 5 3 / $ 1 6 $ ( ; 7 ( 5 , 2 5 6 $ 6 ( & 7 , 2 1 6 $ 8 Q Q D P H G $ 8 Q Q D P H G $ 8 Q Q D P H G $ 8 Q Q D P H G $ 8 Q Q D P H G MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, June 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 1. LA22-000024 SHARRATT DESIGN, 3350 FOX STREET, REQUESTS A CONDITIONAL USE PERMIT FOR A GUEST HOUSE USE. (STAFF: MELANIE CURTIS) Mike Sharratt, Applicant, was present. City Planner Curtis gave a presentation on the item, stating the Applicant wishes to construct an addition over the existing detached garage to function as a guest house. The property is just over 7 acres in area within the LR-1A zoning district and the minimum required for a guest house is 4 acres, a conditional use permit (CUP) is required, the existing 1,300 square foot building is conforming with respect to size and location. Staff recommends approval of the CUP conditioned upon the property owners’ agreement to the standard guest house covenants assuring it will not be used for a home occupation, rented, or leased. Staff further recommends an additional condition of approval that the existing 5 bedroom septic system be upgraded appropriately to serve the number of bedrooms in the guest house. Ressler asked if the City changed something regarding guest houses. Curtis replied in the negative, noting nothing has happened yet which is why they need a CUP. Mike Sharratt, 464 2nd Street in Excelsior, is the architect and noted it is pretty straightforward, simply adding 1/2 story to the top of the existing garage to create guest quarters. Chair McCutcheon opened the public hearing at 7:05 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 7:05 p.m. Ressler moved, Libby seconded, to approve LA22-000024, 3350 Fox Street, Conditional Use Permit for a Guest House Use, as applied with Staff recommendations. VOTE: Ayes: 6, Nays 0. From:Melanie Curtis To:"Mike Sharratt" Cc:"Nora Kirkwold" Subject:LA22-000024 / 3350 Fox Street / 60-day Extension Date:Tuesday, May 24, 2022 1:32:00 PM Mike Due to placing the application on hold, the City Council may not make a decision on your application within the initial 60 day review period. Therefore the City hereby notifies you that it is extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The initial 60-day period would end on June 19th; the time period is now hereby extended until August 18, 2022. This is a routine extension. As we discussed you will be submitting updated plan information. You should submit those updated plans to me by or before June 3rd, if possible to be placed on the June 21st Planning Commission agenda. Please note this is a Tuesday meeting date. Reach out with any questions. Thanks! Melanie Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permits and applications are handled through our online portal - LINK! Date Application Received: 04/20/22 Date Application Considered as Complete: 04/20/22 60-Day Review Period Extension Expires: 8/18/22 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 June 2022 Subject: #LA22-000024, Sharratt Design o/b/o the owner “3350 Fox Street LLC” 3350 Fox Street Guest House CUP Public Hearing Background The applicant wishes to construct an addition over the existing detached garage to function as a guest house. The property is just over 7 acres in area within the LR-1A zoning district where 2.0 acres is the minimum size. A conditional use permit (CUP) is required for the guest house use. A minimum of 4.0 acres is required for a guest house use in this district. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-303) The applicant is proposing to construct a second story addition over the existing oversized detached garage to serve as a guest house use. A guest house uses requires a conditional use permit. The ±1,300 square foot building is conforming with respect to size and location. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential uses are consistent with the CMP guiding for this property. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building improvements including the guest house use are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. Application Summary: The applicant is requesting a guest house conditional use permit. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA22-000024 21 June 2022 Page 2 of 3 4) Provided with an adequate water supply and sewage disposal system; The property is served by sewer and a private well. The applicant is aware that the septic system must be upsized at the time of building permit. This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed guest house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The guest house is residential in visual character and is expected to be compatible with the principal building on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the guest house will be residential-looking in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed use is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The guest house use will be in the existing detached garage and it is situated in conforming location. The guest house will not be significantly visible when viewed from off the Property, and the views from the neighbors will be screened by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed guest house use is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed use will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The guest house is designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicant is hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. The CUPs may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. Regarding the guest house CUP, the lot is at least two times the minimum lot area required by this section; and FILE # LA22-000024 21 June 2022 Page 3 of 3 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 3. The council finds that the proposed use of the pool cabana with a shower will not be detrimental to the residential character of the neighborhood. 4. The council finds that the plumbing fixtures proposed in the cabana are in keeping with the applicants’ intended use of the accessory building. 5. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory buildings will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, the CUPs shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Public Comments 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 as allowed by the Zoning Code? 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owner’s agreement to the filing of a covenant in the title of the property assuring that the guest house will not be used for a home occupation unless specifically approved by the city or if allowed by Code; and will not be rented, or leased under any circumstances. Staff recommends an additional condition of approval that the existing 5-bedroom septic system be upgraded appropriately to serve the additional bedrooms in the guest house. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Existing Survey Exhibit C. Existing Garage Elevations Exhibit D. Proposed Plans and Elevations Exhibit E. Aerial Views Exhibit F. Property Owners List Exhibit G. Plat Map Exhibit H. 60-day Extension Exhibit I. Septic Compliance Report AGENDA ITEM Prepared By: RJO Reviewed By: A. Carlson Approved By: 1. Purpose: To approve a resolution designating Medsurety LLC and Matrix Trust as the City’s HRA Trustee. 2. Background: The City has offered employees’ access to a Health Reimbursement Arrangement (HRA) and participation in Flexible Spending Accounts for both Health Care and Dependent Care Reimbursement for many years. We were notified that Further, our current trustee, would no longer be offering these services after September 30th of this year. Gallagher, the City’s health insurance broker, performed an RFP to replace these services earlier this year. Based on the responses, staff met with WEX and Medsurety to review the options. The Medsurety proposal was the least expensive and was staff’s choice during the interviews. Most companies offering the trustee service are national companies with Medsurety, located in Wayzata, being the only local company that responded. Staff contacted the Orono School District, one of Medsurety’s references, and received a glowing review from the district. Medsurety also offers Health Savings Account (HSA) administration and COBRA services. Staff is looking into contracting with Medsurety in the future which would ease administration of the four benefits and give employees a single login for these benefits. These changes have been reviewed with the HR Committee. The change to the HRA, FSA, and Dependent Care will be effective on September 1st, 2022, with the COBRA and HSA being made during open enrollment and taking effect January 1st, 2023. 3. Staff Recommendation: Staff recommends approval the attached resolution to designate Medsurety LLC and Matrix Trust as the City’s HRA Trustee and to approve moving forward with the other identified changes. COUNCIL ACTION REQUESTED 4. Motion to approve Resolution No. 7276 to designate Medsurety LLC and Matrix Trust as the City’s HRA Trustee and to approve moving forward with the other identified changes. Exhibits A. Market Analysis B. Resolution Item No.: 11 Date: July 11, 2022 Item Description: Designate Medsurety LLC and Matrix Trust as HRA Trustee – Resolution No. 7276 Presenter: Ron Olson, Finance Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ RESOLUTION DESIGNATING MEDSURETY LLC and MATRIX TRUST AS HEALTH REIMBURSMENT ARRANGEMENT TRUSTEE WHEREAS, City of Orono changed its vendor for its Health Reimbursement Arrangement effective September 1, 2022 from Further/HealthEquity to MEDSURETY LLC; and WHEREAS, MATRIX, was the previous Trustee of the City of Orono HRA Trust administered by Further/HealthEquity; and WHEREAS, MEDSURETY LLC and MATRIX Trust is the successor Trustee of the City of Orono HRA Trust administered by Medsurety; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono, Minnesota, hereby designates MEDSURETY LLC and MATRIX Trust as the Trustee of the City of Orono HRA Trust effective September 1, 2022 and removes Further/HealthEquity as the designated Trustee. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held July 25, 2022. ____________________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, City Clerk WEX (MHC)WEX TASC BRI Medsurety Proposal Proposal Proposal Proposal Proposal FSA-Dependent Care Admin.$90.00 $92.40 $105.60 $96.00 $72.00 HRA-VEBA Admin.$630.00 $714.00 $739.20 $672.00 $504.00 Total Estimated Annual Cost $720.00 $806.40 $844.80 $1,500.00 $576.00 Rate Guarantee 4 years 5 years 3 years 3 years 3 years Notes: Further current estimates of annual administration costs are = $864 administration + $1,500 annual renewal fee TASC - Designated Relationship Manager Fee = $1,200 annually BRi - Minimum Administration Fee $125.00 per month ($1,500 annually) *This summary does not include any first year costs. Please refer to each subsequent tab for any costs applicable to the first year only (implementation/setup fees) City of Orono Marketing Analysis Estimated Annual Cost Summary The information contained herein is subject to the disclosures and disclaimers on the final page of this illustration WEX (MHC)WEX TASC BRI Medsurety Proposal Proposal Proposal Proposal Proposal Set Up (one-time)*$0.00 $1,000.00 $0.00 $0.00 $0.00 Ongoing Adminstration PPPM Single Fee for FSA & HRA Enrollee $3.75 $3.85 $4.40 $4.00 $3.00 Annual Total $90.00 $92.40 $105.60 $96.00 $72.00 Minimum Monthly Charge*$0.00 $50.00 $0.00 $125.00 $0.00 Plan Documents $0.00 $0.00 $0.00 $0.00 $750.00 Other Fees Website Access Included Included Included Included Included Amendments Included Included Included Included Included Direct Deposit Included Included Included Included Included Debit Card Fee Inlcuded Included Inlcuded Included Included Renewal Fee $0.00 $0.00 $0.00 $0.00 $0.00 Annual total $90.00 $92.40 $105.60 $96.00 $72.00 Rate Guarantee 4 Years 9/1/2027 3 years 3 Years 3 years Current Enrollment Assumptions Benefit Eligible Employees:53 *Total Enrolled in FSA:2 * estimated enrollment based on 2 medical (one fee for all accounts) Notes Further fees = $4.50 per participant (single fee no matter number of accounts) Description The information contained herein is subject to the disclosures and disclaimers on the final page of this illustration Section 125 Flexible Spending for Medical and Dependent Care Marketing Analysis City of Orono WEX (MHC)WEX TASC BRI Medsurety Proposal Proposal Proposal Proposal Proposal Set Up (one-time)*$0.00 $1,000.00 $0.00 $0.00 $0.00 Ongoing Adminstration PPPM Single Fee for FSA & HRA Enrollee $3.75 $4.25 $4.40 $4.00 $3.00 Minimum Monthly Charge*$0.00 $50.00 $0.00 $125.00 $0.00 Annual Total $630 $714 $739 $672 $504 Investment Threshold $0 $0 $2,000 $0 $0 Guaranteed Interest 1.30%2.50%0.20%2.5% Lincoln Stable Value Fund 1.00% Current Interest Rate 2.50%2.50%0.20% Lincoln Stable Value Fund is an alternative to bank interest 2.75% Hold on VEBA $ (Debit Card)0%10%10%10%0% Other Fees Trust BPAS Hands Benefits & Trust a BPAS Company Matrix Trust Company BPAS EFS/Matrix Trust Trust Basis Points (Fee) Paid from EE Assets in VEBA 0.80%0.60%Quarterly Asset Based Fee - 0.075%0.80%.10% per month Trust and Plan Documents Included Included Included Included Included - Waived Fees Amendments Included Included Included Included Included 990 Filing Included Included Included Included Included - Waived Fees Direct Deposit Included Included Included Included Included Debit Card Fee Included Included Included Included Included Renewal Fee $0 $0 $0 $0 $0 Annual total $630 $714 $739 $672 $504 Rate Guarantee 4 Years 9/1/2027 3 years 3 years 3 years Current Enrollment Assumptions Benefit Eligible Employees:744 Total Enrolled in HRA/VEBA:14 HRA/VEBA Current Assets:$55,000 Notes Further has a $1,500 annual renewal fee and participants pay $4.50/pmpm regardless of accounts they are in. City of Orono Description The information contained herein is subject to the disclosures and disclaimers on the final page of this illustration HRA / VEBA Reimbursement Marketing Analysis Line of Coverage / Service: Administration WEX ( MHC)TASC BRI Medsurety WEX GBS Commission Net of Commissions Net of Commissions Net of Commissions Net of Commissions Net of Commissions GBS, as agent of record, will receive the following estimated commissions expressed as a percentage of gross premium payments, or fees as agreed upon by City of Orono: GBS Compensation Disclosure The information contained herein is subject to the disclosures and disclaimers on the final page of this illustration FSA, HSA, HRA/VEBA Marketing Analysis City of Orono What follows is the disclosure of our estimated fees and/or commissions related to City of Orono ("Buyer's") Group Health & Welfare Plan(s) and any relationships, or agreements Gallagher Benefit Services, Inc. ("GBS") has with the insurance companies involved in this marketing. 5/11/2022 FINANCIAL RATING NOTICE: While GBS does not guarantee the financial viability of any health insurance carrier or market, it is an area we recommend that clients closely scrutinize when selecting a health insurance carrier or HMO. There are a number of rating agencies that can be referred to including, A.M. Best, Fitch, Moody’s, Standard & Poor’s, and Weiss Ratings (TheStreet.com). Generally, agencies that provide ratings of U.S. Health Insurers, including traditional insurance companies and other managed care (e.g., HMO) organizations, reflect their opinion based on a comprehensive quantitative and qualitative evaluation of a company’s financial strength, operating performance and market profile. However, these ratings are not a warranty of any insurer’s current or future ability to meet its contractual obligations. City of Orono FSA, HSA, HRA/VEBA Marketing Analysis GBS Disclosures RENEWAL-FINANCIAL NOTICE: This analysis is for illustrative purposes only, and is not a guarantee of future expenses, claims costs, managed care savings, etc. There are many variables that can affect future health care costs including utilization patterns, catastrophic claims, changes in plan design, health care trend increases, etc. This analysis does not amend, extend, or alter the coverage provided by the actual insurance policies and contracts. Please see your policy or contact us for specific information or further details in this regard. COVERAGE NOTICE: This analysis is an outline of the coverage proposed by the carrier(s), based on information provided by your company. It does not include all of the terms, coverage, exclusions, limitations, and conditions of the actual contract language. The policies and contracts themselves must be read for those details. Policy forms for your reference will be made available upon request. AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this council action will be for the council to receive a briefing on the upcoming Tour de Tonka. 2. Background. Mr. Tim Litfin will be presenting this item. Council Action Requested: None- Presentation. Item No.: 12 Date: July 11, 2022 Item Description: Annual Tour de Tonka – Tim Litfin Presenter: Tim Litfin Agenda Section: Presentation 16 –30 –36 –42 –71 –100 Miles This is one of the great songs you can hear played at the start of Tour de Tonka. A.Brown Eyed Girl, Van Morrison B.Shake It Off, Taylor Swift Tour de Tonka has averaged how many riders each year, since 2014? 2,697 2,943 3,225 Distance Total Riders Since 2006 16-28 8,629 30-40 6,579 42-57 7,880 61-80 5,590 100 6,297 Virtual 298 (‘20) Grand Total 35,273 2022 Day One on March 1st = 64 0 500 1000 1500 2000 2500 3000 3500 4000 2015 2016 2017 2018 2019 2021 2022 2022 Registration 2021 May Opening Top Participating States Outside of MN: Wisconsin Iowa North Dakota 1st Rider EVER from Oklahoma in 2021 44 STATES Riders in 2021 1 Minnetonka 293 2 Minneapolis 231 3 Eden Prairie 229 4 Chanhassen 155 5 Plymouth 144 6 Excelsior 139 7 Wayzata 77 8 Maple Grove 67 9 St. Paul 63 10 Edina 60 Cities Partner Since Chanhassen 2006 Chaska 2007 Deephaven 2006 Delano 2007 Eden Prairie 2006 Excelsior 2006 Greenwood 2006 Independence 2007 Lester Prairie 2021 Long Lake 2010 Minnetonka 2006 Mound 2007 Cities Partner Navarre 2006 New Germany 2010 Norwood Young America 2012 Orono 2006 Plato 2021 Plymouth 2010 Shorewood 2006 Spring Park 2007 Tonka Bay 2006 Waconia 2006 Watertown 2006 Wayzata 2006 2021 TOTAL $7,918 To date, Tour de Tonka has raised over $90,000 for the ICA Foodshelf. Record-High Rider Donations! •SCHEELS •Erik’s Bike Shop •Velofix •All Seasons Sports •Carver County Cycles •Freewheel Bike •South Lake Cycle •Trailhead Cycling •Tonka Cycle To register or volunteer go to: www.tourdetonka.org (952) 401-4157 2022 Tour de Tonka All Rides “I do a lot of biking events throughout the year and this is the gold standard I compare all others to.” “This continues to be the most well organized ride of any I have ever ridden.” “It’s a wonderful ride! I would let you know if I had an idea to make it better… but I don’t!” AGENDA ITEM Prepared By: Reviewed By: A.Carlson Approved By: 1. Purpose. Mr. Richie Anderson will provide an update on LMCD activities to date. Item No.: 13 Date: July 11, 2022 Item Description: LMCD Representative Update Presenter: Richie Anderson, LMCD Representative from Orono Agenda Section: Presentation AGENDA ITEM Prepared By: L. Oakden Reviewed By: A. Carlson Approved By 1. Purpose. Provide non-binding feedback on the applicant’s proposed sketch plan for a front lot back lot subdivision. 2. Background. The property has approximately 13 acres in area and 270’ in width at Watertown Road, based on Hennepin County information. The property is in the RR-1A zoning district which requires a minimum of 5 acres and 300’ width. The current property is substandard due to lot width. The area is served by well and septic. A septic report has not been submitted to staff. There are potential wetlands on the property according to the Hennepin County map. In areas not served by sanitary sewer, each lot must meet the total minimum acreage requirement however can contain as little as 2 acres of dry contagious buildable land. The applicants are proposing to split the current parcel with an existing home into one front lot and a back lot configuration. The front lot would front on Watertown Road. Lot width is measured at the 100-foot front building setback line. The back lot would have street access from a shared driveway established in a 30-foot wide outlot. The back lot is required to meet 150% lot area standards which would require 7.5 total acres. Each lot would be required to provide its own septic and well. Area (5 Acre Required) Lot Width (300’ Required) Meets Requirements Existing Lot 13.07 270’ No Proposed Front Lot 3.65 240’ No Proposed Back Lot (150% Area) 9.41 (7.5 Acres required) N/A Yes Outlot N/A 30’ Yes * Items in red denote non-conforming standards. 3. Analysis. The proposal is not consistent with the zoning code or the Comprehensive Plan. The current zoning, RR-1A, requires 5 acres of dry buildable land area, and 300 feet of frontage. The community management plan has this area designated as rural, which is guided for 1 unit for 5 acres, consistent with the current zoning district minimums. The applicant’s proposal to create a substandard front lot would require lot area and lot width variances. The applicant must prove practical difficulties to support the required variances, which appear to be self-imposed. 4. Planning Commission Comment. On June 21, 2022 the Planning Commission discussed the applicant’s sketch plan. No public hearing was held for this item. The members of the commission were in agreement with staff that he project does not conform to the zoning standards. The Commissioners noted that they could not support variances. 5. Staff Recommendation. Planning Staff does not support the subdivision as non-conforming lots would be created which would be inconsistent with the zoning code and the comprehensive plan. COUNCIL ACTION REQUESTED Provide non-binding feedback to the applicant on the proposed subdivision. Item No.: 14 Date: July 11, 2022 Item Description: LA22-000027 – Amy Swanson, 4025 Watertown Rd, Sketch Plan Presenter: Melanie Curtis Planner Agenda Section: Community Development Report Exhibits A. Sketch Plan B. Narrative C. PC Staff report D. PC Minutes - Draft References PC Exhibits A. Application and Narrative B. Existing Lot and Proposed sketch plan C. Information Maps To whom it may concern, We are Brian and Amy Swanson. We moved to 4025 Watertown Road in January 2021 with our four kids. We are inquiring about subdividing our property to create a separate buildable lot. Our property is 13+ acres and we are proposing to subdivide the front acreage. There is a creek that would serve as a natural divider of the two proposed lots. We understand that our property does not meet all of the criteria listed according to Orono planning code, however, we are asking that you consider our property and its ability to support two lots. After our meeting with the planning committee, we were told of three requirements that our property does not meet. 1. Code requires 300 feet of property along the road. Our property has 270 feet of road front, which we cannot change. 2. Because of the layout of the property, we would be asking for an easement on the driveway 3. Code requires a minimum of 5 acres for subdividing a buildable lot. We are proposing approximately 4.1 acres, but after the easement on the driveway there would be approximately 3.65 acres remaining. (The driveway would be expanded to 30 feet wide for approximately 675 feet) **We have scheduled to have a septic company come to our property and determine two suitable septic locations that fall within our proposed lot lines, but the two times they have come out, the weather did not allow for them to do their work. We were encouraged to submit a rough proposal of the property explaining some of its nuances and noting that before we obtain official documents and reports (ie. survey, wetland delineation, Minnehaha Creek Watershed district approval..etc) we would first propose our plan to you to determine if you will be willing to work with us before being too financially invested in the process. Thanks for your time. We look forward to meeting with you soon! Brian and Amy Swanson To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Interim Community Development Director Date: June 21, 2022 Subject: #LA22-000027, Amy Swanson, 4025 4025 Watertown Rd, Sketch Plan Background The property is unplatted and roughly 13.07 total acres and roughly 270’ wide at Watertown Road based on Hennepin County information. The property is in the RR-1A zoning district which requires 5 acres and 300’ of lot width. The current property is substandard to the district due to the lot width. The area is served by well and septic. There is also potential wetlands on the property per Hennepin county maps. In areas not served by sanitary sewer, each lot much contain 2 acres f dry contagious buildable land. Any wetland areas are not counted toward the required dry-buildable acres for the creation of new lots. As this is a sketch plan, No wetland delineation has been completed on the property, nor have two septic sites for each lot been verified. Application The applicant is looking for feedback on the proposed application. The applicant’s propose to split the current parcel with an existing home into a front lot and a back lot. The front lot would front on Watertown Rd. Lot width is measured at the front building setback line. The back lot would have street access from a shared driveway established in an outlot. The back lot is required to meet 150% lot area standards which would require 7.5 acres. Each lot would have its own septic and well. The proposed use of the property is anticipated to be single family residential. The table below summarizes the proposed lot area and width, and shows the required standards, including setbacks. Items in red denote non-conforming standards. Area (5 Acre Required) Lot Width (300’ Required) Meets Requirements Existing Lot 13.07 270’ No Proposed Front Lot 3.65 240’ No Application Summary: The applicant is requesting sketch plan review on a proposed subdivision that would subdivide a parcel into a front lot/back lot subdivision. Staff Recommendation: Planning Department Staff requests non-binding feedback from the planning commission. Planning Staff does not support the lot split as non-conforming lots would be created, inconsistent with the zoning code and the comprehensive plan for the area. FILE # LA22-000027 June 21, 2022 Page 2 of 2 Proposed Back Lot (150% Area) 9.41 (7.5 Acres) N/A Yes Outlot N/A 30’ Yes Applicable Regulations: Section 78-395 outlines the development standards for the RR-1A zoning district. Section 82-85 outlines the purpose and process for sketch plans. Analysis: The proposal is not consistent with the zoning code or the Comprehensive Plan. The current zoning, RR-1A, requires 5 acres of dry buildable land area, and 300 feet of frontage. The community management plan has this area designated as rural, which guides 1 unit for 5 acres, consistent with the current zoning. The applicant’s proposal to create a substandard front lot that would require lot area and lot width variances. The applicant must prove practical difficulties for the required variances, which appear to be self-imposed. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff does not support the subdivision as proposed. List of Exhibits Exhibit A. Application and Narrative Exhibit B. Existing Lot and Proposed sketch plan Exhibit C. Information Maps 5. LA22-000027 AMY SWANSON, 4025 WATERTOWN ROAD, SUB-SKETCH PLAN. (STAFF: LAURA OAKDEN) Brian and Amy Swanson, Applicants, were present. City Planner Oakden gave a presentation on the item, noting the Applicant is requesting a sketch plan review on a proposed subdivision that would divide a parcel into a front lot/back lot subdivision. Planning Staff recommends non-binding feedback; Staff does not support the lot split as proposed bevause a non- conforming lot would be created inconsistent with the Zoning Code and Comprehensive Plan. The Applicant is proposing to split the parcel with an existing home and a creek on the property being the lot line. The Applicant would be proposing a 240 foot front lot width where 300 feet is required and 3.65 acres where 5 acres is required per the zoning district. Each lot would have its own septic and well and use of the property is anticipated as single-family residential. Oakden noted potential wetland areas are on the property. Brian Swanson, 4025 Watertown Road, stated with the crazy housing market they picture the narrow yet deep property and envision four sections: the first is the area they are proposing to break off, the pine area, the yard and existing home, and a wetland area. They could potentially add some acreage by the property line cutting across the creek rather than dividing the creek although it would still fall short of the five acre minimum. He noted moving the five acres would steal the septic tank from the current house. Mr. Swanson stated they have a second septic site approved for the current property and a primary with two alternates approved for the proposed split. He stated they have not done a wetland delineation yet as they wanted to come to the City first for feedback. Chair McCutcheon noted it is very tough for the City to open a non-conforming lot. He asked Mr. Swanson if they did five acres would it cut into the primary structure? Mr. Swanson replied it would not cut into the house but would cut into the mobile yard and would take the septic tank. Libby noted a wetland delineation manifests a lot more outcome and there is only a limited time to do this. He understands it is a budgetary thing. Mr. Swanson asked if they can prove the wetlands are here and there are two acres of buildable, would that be worth going down the road further? Bollis cannot think of a time the Commission has approved a substandard lot with width and area on a brand-new subdivision and he would not be in support of that. Libby asked if the Applicant has utilized any Hennepin County or federal wetland maps. Mr. Swanson replied they did use some of the Hennepin County measuring tools but he has not seen any of the federal overlays. Oakden clarified this is not a public hearing as listed on the Agenda but rather should be listed under Other Business for feedback. Bollis asked Oakden about the required lot depth. Oakden replied she does not know if there is a required lot depth for the front lot but there is one called out for the back lot at the 150%. Staff looks for the dry envelope, two acres dry contiguous, and in this zoning district they have 100 foot front and rear setbacks which will be limiting when dealing with a narrow lot. McCutcheon noted for the Applicant that the Commissioners are trying to brainstorm ways to put a driveway where they could actually split it and change the definition of “front.” He told the Applicants the City would want a five acre minimum and adherence to the 300 foot front yard. Oakden clarified in septic areas they require 2 acres of dry buildable so wetlands do not count towards acreage; on this lot they could essentially have 3 acres of wetland with 2 acres dry contiguous and five acres total for the lot size. Ressler noted the issue now is zoning and that is what the Commissioners must follow. Libby noted they have had quite a few cases before them where the guidelines they must use are very finite and can be strict. AGENDA ITEM Prepared By: mcc Reviewed By: L. Oakden Approved By: 1. Purpose. This application is regarding a height variance for an accessory building. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on May 18, 2022. The 60-Day review period has been extended and expires on September 15, 2022. 3. Background/ Summary. City Code Section 78-420 states that maximum building height for all buildings is 30-feet (defined height), and further stipulates that accessory buildings not exceed the height of the principal building (home). The property owner applied for a building permit to construct a pole building on his 3.17 acre property with a proposed peak height of approximately 17 feet (defined height ±15 feet). The existing home is a one-story walkout rambler with a peak height of approximately 16 feet, a sidewall height of approximately 9 feet (defined height is estimated to be ±12 feet). Reducing the height significantly reduces the building’s functionality for its planned use. The proposed building will be well below the permitted 30-foot defined height limitation, however is limited by the height of the home. The proposed building will be located to the rear of the home, and will be set on grade that is approximately 10 feet lower than the front of the home. The proposed pole building is less than 1,000 square feet and is proposed in a permitted location. They have requested a height variance. 4. Planning Commission Vote and Comment. On June 21, 2022, the Planning Commission held a public hearing. The Planning Commission discussed the Code’s intent for the additional accessory building height limitation assuming the intent was to prevent accessory buildings which are more massive than homes. The Commission suggested the Council consider initiating a text amendment discussion regarding this specific provision. The draft Planning Commission minutes are attached as Exhibit B. Following the public hearing the Planning Commission voted 6 to 0 on a motion to deny the requested variance due to lack of practical difficulty. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Staff recommends denial of the variance request. However, Staff concurs with the Planning Commission’s recommendation that Council consider initiating a text amendment process to remove this restriction from this zoning district. COUNCIL ACTION REQUESTED Direct staff to draft a resolution reflecting Council’s decision. Exhibits A. Proposed Plans B. Draft PC Minutes C. Photos D. PC Staff Report 06/21/2022 Item No.: 15 Date: July 11, 2022 Item Description: LA22-000029 – John Peterson, 2880 Fox Street, Variance Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: L. Oakden Approved By: E. 60-Day Extension References PC Exhibits 06/21/2022 A. Application B. Practical Difficulties Documentation Form C. Proposed Site Plan D. Proposed Plans and Elevations E. Photos – Aerial + Street View F. Property Owners List G. Plat Map MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, June 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 4. LA22-000029 JOHN PETERSON, 2880 FOX STREET, REQUESTS A HEIGHT VARIANCE FOR AN ACCESSORY BUILDING TO EXCEED THE HEIGHT OF THE HOME ON THE PROPERTY. (STAFF: MELANIE CURTIS) John Peterson, Applicant, was present. City Planner Curtis gave a presentation on the item, noting the Applicant applied for a building permit to construct a 40x24 pole building which had a proposed peak height of approximately 17 feet and defined height of 15 feet. The existing home is a one story rambler with a peak height of approximately 16 feet and defined height estimated at 12 feet. Code states the maximum building height for all buildings is 30 feet defined height and further stipulates that accessory buildings not exceed the height of the principal building. The proposed building will be well below the 30 foot height but is limited by the height of their one story home. The building will be in the back of the home and approximately 10 feet lower than the front of the home. Reducing the height of the building significantly reduces the building’s functionality for their use, therefore they have applied for a variance noting the height of the home as practical difficulty. Staff finds the existing home to be the limiting factor and recommends denial lacking practical difficulty. John Peterson, 2880 Fox Street, noted the front of the home is one story and the back it is a walkout with two stories. He noted the defined height in Orono is hard in this situation. Libby asked about the need for the higher-than-average height. Mr. Peterson replied it is mostly for a wood shop the extra height would be for dust collection, ventilation ductwork, and perhaps eventually a car lift. Libby noted City Council has been very consistent on these building heights and Mr. Peterson might be well-served to modify the plan. Mr. Peterson replied there is a third design if this one fails and he has also thought about adding on to the back of the garage, however he does not know what that would cost. Chair McCutcheon opened the public hearing at 8:14 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 8:14 p.m. Kirchner’s biggest hang up is the identified practical difficulty, that the primary structure is causing an issue to an accessory structure. He does not see that as a practical difficulty. Bollis does not know but would guess the intent of the ordinance is that if one is looking at a flat piece of property they do not want an accessory building towering over it. He noted this will be 10 feet lower than the house and he can see the practical difficulty in that the shed will not be able to be used for the specific use as it must be “shorter” than normal. Bollis thinks it meets the intent of the Code but reiterated he was not here to write the Code. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, June 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Ressler said, having been in the seat of an Applicant, Staff recommendations carry a lot of weight and following them gives the best likelihood to succeed. His feedback is that demonstrating improvements to situations have been a good example, even tonight. In situations like these, he will always go to the recommendations of Staff as a default because they are far more qualified than he is. Libby commented that denial is based on practical difficulty and it has not been established. Erickson agrees with Staff recommendation for denial due to lack of practical difficulty. Ressler thinks the language in the ordinance is intended to not allow a massive accessory building that towers over the principal residence; however, that is not what this application is as it is downgrade from the principal structure. On a larger scale, he asked if Staff would be interested in exploring how that ordinance is written in the future. Chair McCutcheon would be in favor of looking at a modification to the ordinance. Kirchner moved, Ressler seconded, to deny LA22-000029 2880 Fox Street, Variance request. Libby clarified with the denial, the Applicant can modify the plan and bring those plans to the City Council. VOTE: Ayes: 6, Nays 0. Street view facing North (existing shed on left/west to be removed) Zoomed in street view facing North (existing shed on left/west to be removed) Contours shown Hennepin County aerial 2022 oblique photo Date Application Received: 05/18/2022 Date Application Considered as Complete: 05/18/2022 60-Day Review Period Expires: 07/17/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 June 2022 Subject: #LA22-000029, John Peterson, 2880 Fox Street Variance Public Hearing Background The property owner applied for a building permit to construct a 40’x 24’ pole building on their 3.17 acre property with a proposed peak height of approximately 17 feet (defined height ±15 feet). The sidewall height is 12.5 feet. The existing home is a one-story walkout rambler with a peak height of approximately 16 feet, a sidewall height of approximately 9 feet, and defined height is estimated to be 12 feet. City Code states that maximum building height for all buildings is 30-feet (defined height), and further stipulates that accessory buildings not exceed the height of the principal building (home). Due to the accessory building limitation, the applicant’s permit was denied. The applicant revised the plan in an attempt to reduce the overall height of the pole building but reducing the height significantly reduces the building’s functionality for its planned use. As a result, they have applied for a height variance from City Code Section 78-420. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the limiting height of the existing home on the property and the impracticability of the restriction which is based on the existing home as practical difficulties supporting the requested variance. 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: Regarding practical difficulty, Staff finds the existing home to be the limiting factor for approval. Application Summary: The applicant is requesting a variance to permit construction of a pole building that will exceed the height of the existing one-story home. Staff Recommendation: Planning Department Staff recommends denial of the application because practical difficulty hasn’t been established to support the variance for accessory building height. FILE #LA22-000029 21 June 2022 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-420 – Accessory Building Setbacks (<1,000 s.f.): RR-1B Required Proposed Front 50’ ±135’ Rear 15’ +100’ East Side 15’ +100’ West Side 15’ 20’ Section 78-420 – Lot Area/Width: RR-1B Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 138,004 s.f. (3.17 acre) 430’ Section 78-1403 – Structural Building Coverage: The property exceeds 1.99 acres, therefore structural coverage limits do not apply. Section 78-420 – Building Height = Maximum 30 feet defined height; accessory buildings may not exceed height of principal building: Peak Height Defined Height Principal Building ±16 ±12 Proposed Pole Building 17.3’ 15’ Applicable Regulations: Height Variance (Code Section 78-420) The City Code requires accessory buildings to not exceed the height of the home on a property. For a property with a single story home, or rambler-style home it would not allow a traditional barn or rural pole barn-type of building with taller side walls. The applicant’s proposed building will be well below the permitted 30-foot defined height limitation, however is limited by the height of the home. The proposed building will be located to the rear of the home, and will be set on grade that is approximately 10-feet lower than the front of the home. The proposed pole building is less than 1,000 square feet and is proposed in a permitted location. 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 FILE #LA22-000029 21 June 2022 Page 3 of 4 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 applicant is proposing to construct a pole building for a residential accessory use on a residentially zoned property which is consistent with the intent of the ordinance. The intent of the regulation is, in part, to reinforce the accessory nature of the accessory buildings; allowing a larger (square foot and/or mass) building blurs that objective. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a pole building in a rural residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant is proposing to use the property in a reasonable manner with the construction of an accessory building. Reasonable use of the property is afforded with the residential building on the property. Further, accessory buildings, including oversized accessory building, are permitted on the property, with the stipulation that they be no higher than the principal building. The height restriction relating to the principal building applied to this property results in limited options to construct a functional conforming height building. b. There are circumstances unique to the property not created by the landowner; the existing home on the property is the limiting factor and was not constructed by the current owner; and c. The variance will not alter the essential character of the locality. The proposed height and location of the pole building are consistent with the character of the neighborhood which is not likely to be altered by construction of the pole building. 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 an accessory building is an allowed use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The height of the home on the property is lower than many of the adjacent or neighboring homes on Fox Street, and is unique to the property. Many of the neighboring properties have accessory buildings which are equal to or taller than the proposed which may support the requested variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The limiting height of the home on the property is lower than many of the adjacent or neighboring homes on Fox Street, and is unique to the property. FILE #LA22-000029 21 June 2022 Page 4 of 4 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owner has indicated that the variance is necessary for the usability of the building and preservation of their property rights. However, although the property owner has a right to accessory buildings, the right does not necessarily extend to those that are designed to be taller than the home. 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 of the requested variance would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. A variance for an accessory structure is almost, by definition, a convenience issue as the use of the property is established by the single family home. The relatively low height of the home on the property restricts options for accessory buildings .The home’s age and height are unique for the immediate neighborhood. 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. 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 As proposed the pole building appears to exceed the peak height of the existing home by approximately one foot (defined height exceeded by approximately 3 feet). Planning Staff recommends denial of the application. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Photos – Aerial + Street View Exhibit F. Property Owners List Exhibit G. Plat Map From:Melanie Curtis To:"John Peterson" Cc:"n.ford@structuralbuildings.com" Subject:2880 Fox St / #LA22-000029 / 60 Day Extension - corrected Date:Thursday, July 7, 2022 9:26:00 AM John The City has 60 days to review an application and your initial review timeline for this request ends on July 17th. Because of the additional Council meeting needed, your application will not receive final Council action within the initial 60-day review period. Because of this, the City hereby notifies you that we are extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The initial 60-day period would normally end on July 17th; the application review time period is now hereby extended until September 15, 2022. Further extensions beyond September 15th will need to be requested by you in writing (email) if additional time is needed. Your application will proceed as planned to the July 11th City Council date. If approved, a resolution reflecting the approval will need to be placed on the Council’s next agenda (July 25th) for adoption before a building permit can be issued. If you have any questions please reach out. Melanie Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permits and applications are handled through our online portal - LINK! AGENDA ITEM 1.Purpose. The meeting will be closed as permitted by Minnesota Statutes Section 13D.05 to discuss security procedures at City meetings. Discussing this information in an open meeting would pose a danger to public safety or compromise security procedures or responses. Item No.: 16 Date: July 11, 2022 Item Description: Closed Session Presenter: Adam Edwards, City Administrator/Engineer Agenda Section: Closed Session AGENDA ITEM 1.Purpose. The meeting will be closed as permitted by section 13D.05, Subdivision 3(c), to consider offers to purchase City owned properties identified as PID: 3411823320050 Item No.: 17 Date: July 11, 2022 Item Description: Closed Session Presenter: Adam Edwards, City Administrator/Engineer Agenda Section: Closed Session