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Home My WebLink About07-25-2022 Council PacketAgenda Council Meeting Monday, July 25, 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 July 11, 2022 2. Claims/Bills 3. 2022 Pay Equity Report 4. LA21-000029 – Robert D. Erickson, 365 Westlake Street, Confirming Conditions of Approval – Resolution 7277 5. Spruce Place Right-of-Way Adjustment Community Development Report 6. LA22-000026 – Al Azad, 165 Bederwood Drive, Variances – Resolution 7278 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. Fire Department Report 7. Fire Department Equipment Procurement – CMD 1 and CMD 2 (22-047) Finance Report City Attorney Report Mayor/Council Report Adjournment Agenda Council Meeting Monday, July 25, 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 Upcoming Events 2022 08-01-2022 Park Commission Meeting, Monday, 6:00 p.m. 08-08-2022 City Council Work Session, Monday, 5:00 p.m. 08-08-2022 City Council Meeting, 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, 5:00 p.m. 08-22-2022 City Council Meeting, Monday, 6:00 p.m. 09-05-2022 Official Holiday, City Offices Closed 09-07-2022 Park Commission Work Session, Thursday, 6:00 p.m. 09-12-2022 City Council Work Session, Monday, 5:00 p.m. 09-12-2020 City Council Meeting, Monday 6:00 p.m. 09-19-2022 Planning Commission Meeting, Monday, 6:00 p.m. (Aaron Printup) 09-26-2022 City Council Work Session, Monday, 5:00 p.m. 09-26-2022 City Council Meeting, Monday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 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, Richard Crosby III, and Victoria Seals. Council Member Aaron Printup was absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF 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 Crosby moved, Johnson seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PRESENTATIONS 12. TOUR DE TONKA Tim Litfin gave a presentation on the Tour de Tonka event coming up on Saturday, August 6, 2022. This is the 17th Annual event with 39,373 riders from 44 states putting on 295 miles altogether over the years. He stated this is a popular, high energy event for all ages with music at every rest stop, and stressed the importance of the 2022 sponsorships including the City of Orono and he shared they are raising money for the ICA Food shelf. Mr. Litfin shared the website www.tourdetonka.org where people can register to volunteer or ride. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 13. LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) UPDATE – RICHIE ANDERSON Richie Anderson gave a presentation and stated he is the treasurer of the LMCD and chair of the Finance Committee. He noted they used to charge the AIS levy (Aquatic Invasive Species) and nothing had been spent so they put that line item at zero; therefore, $11,500 will be saved in 2022. He spoke about the 2023 budget and stated they worked from the bottom up and found an additional $7,271 in savings for the City of Orono. The strategic goal of finance is to fund reserves of 30-50% which is recommended by the auditor. He noted the Committee came in at 35% and to distribute the excess over 5 years. Mr. Anderson spoke about milfoil treatment in Crystal Bay, the LID (Lake Improvement District), weed eradication, and a listening session held regarding wake boating. Mr. Anderson stated the Council knows how he feels about the issue of wake boating and if the wake ban was passed it would affect 5 out of 5 marinas in Orono. COMMUNITY DEVELOPMENT REPORT 14. LA22-000027 – AMY SWANSON, 4025 WATERTOWN ROAD, SKETCH PLAN Brian and Amy Swanson, Applicants, were present. City Planner Curtis gave a presentation on the item, noting the goal tonight is to provide non-binding feedback on the Applicant’s proposed sketch plan for a front lot/back lot subdivision. The property has approximately 13 acres in area and 270 feet 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 feet in width. According to Hennepin County’s natural resource map there appear to be wetlands on the property. The property is outside the City sewer and water areas and in areas not served by sanitary sewer. Each newly created lot must meet the total minimum acreage requirement and can contain as little as two acres of dry contiguous buildable land for a subdivision. The Applicants are proposing to split the current parcel into two lots with an existing home on one front lot and a back lot configuration. The front lot would front on Watertown Road. 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. Ms. Curtis noted the Applicant’s proposal to create a substandard front lot would require lot area and lot width variances. 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 the project does not conform to the zoning standards. The Commissioners noted that they could not support variances. 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. Brian Swanson stated in the current market with lack of inventory and many friends and family who have been looking for buildable lots, he thought with his 13 acres he would start the process to see if it is even a possibility to split the lot. He shared about the property noting the first section, a fenced area around the house, trees beyond, and stated they have received a verbal confirmation that there are two septic locations available on the front lot and an alternate section on the other lot. He shared about a natural creek running thought the property that is a natural dividing line. Mayor Walsh noted the City is pro-development, however they do not create non-conforming lots. He shared if the Applicant creates a conforming lot, the City Council would be all-in. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 Crosby noted it is not a practical difficulty. If the Applicant can create two conforming lots it would be okay. Johnson noted another way to get more use out of the land is to put in a guest house. He checked with Ms. Curtis on whether that is an option. Ms. Curtis replied that is true. Mayor Walsh stated the Review Committee will be looking at proposed ordinance and Code changes to the guest houses. Right now one cannot use a guest house for a dwelling but they will be looking at certain zoning districts or certain amount of land one may be able to allow a dwelling for family members. He noted they do not want people renting them out but if people have elderly parents or young people coming home from college it might make sense. 15. LA22-000029 – JOHN PETERSON, 2880 FOX STREET, VARIANCE John Peterson, Applicant, was present. Ms. Curtis gave a summary presentation on the item, noting this application is regarding a height variance for an accessory building on a 3+ acre property. City Code limits maximum height for all buildings at 30 feet and further stipulates that accessory buildings cannot exceed the height of the home on the property. Mr. Peterson 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 is 15 feet). The existing home is a one- story walkout rambler with a peak height of approximately 16 feet (defined height is estimated to be 12 feet). A permit could not be issued and the Applicant has requested a height variance. Ms. Curtis said although the pole building will be well below the permitted 30 foot defined height limit and will be located behind the home on grade approximately 10 feet lower than the grade of the home, its height is still limited by the height of the home itself. According to the owner, reducing its height to conform significantly reduces its functionality for the planned use. In June the Planning Commission held a public hearing and speculated about the intent for the additional accessory building height limitation. They suggested the City Council consider a text amendment regarding this provision and voted 6 to 0 to deny the motion due to lack of practical difficulty. 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 or modify this restriction from this zoning district. Mr. Peterson showed photos of the property showing the downward slope of the proposed pole barn. He noted the height of the building is related to overhead venting for dust collection and woodworking, or possibly a car lift. He noted the house is a walkout rambler and on the back side the home is actually two stories but due to the way defined height is calculated it does not increase the height at all. Crosby asked how tall the front of the house is. Mr. Peterson replied it is about 15.5 feet and the rear is approximately 22-25 feet. Crosby clarified the Applicant is looking to make the accessory building 17 feet in height. Mr. Peterson noted 17 is the peak height but defined height would be 15 feet and the defined height of the house is about 12.5 feet. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 Mayor Walsh noted it is not a practical difficulty so the City cannot give a variance for that. However, the good news is that this is a good thing to bring to the Code Review Committee which Mayor Walsh and Johnson are on. The goal of the committee is to look at things such as this; when someone has bigger acreage, if the Code Committee made a change Mr. Peterson would not even have to come back to the City as long as the proposed design meets the setbacks. He noted right now they would deny the variance but would recommend Mr. Peterson bring the issue to the Code Review Committee to be looked at. Seals moved, Johnson seconded, to deny LA22-000029, 2880 Fox Street, Variance. VOTE: Ayes 4, Nays 0. The City Council gave guidance to recommend the Code Review Committee review this item. PUBLIC COMMENTS Crosby asked to add one thing to the public comment time: he asked that public comments be made in a respectful manner. He clarified they should be respectful to oneself, respectful to the Council, and respectful to the citizens of Orono. He thanked the public and noted the City Council welcomes comments. Brad Erickson, 2485 Independence Road, Independence, has had a business in Orono for quite a few years. He was present 2 weeks ago and personally delivered a thumb drive to City Administrator Edwards with a couple of videos from this Mayor. He is not sure if everyone has had a chance to view these videos. Suffice it to say, he is present tonight to ask the City Council for help. They need to move forward with a resolution of censure for this Mayor. In 45 years, Mr. Erickson has never, ever, been more serious about anything. He noted he has been sick to his stomach for three months because of this, because he thought they were done. Mr. Erickson was hoping Mr. Printup would be present tonight as he has been helpful, and Mr. Edwards has been helpful, as well. Mr. Erickson does not do politics, the City Council knows what he does, and he asked to quit acting like they do not know each other because he expects they will get to know each other a whole lot better in the next couple of weeks. Mr. Erickson’s attorney is on vacation this week and Mr. Erickson is asking the City to have a vote on this, stating the material coming out of this office in this City is unacceptable and cannot be permitted to continue. However they need to do this, whether through attorneys or making a motion to put this on the next agenda. Eric Vogstrom, 2710 Pence Lane, commented on the wake board surfing issue, noting he has a wake boat and his kids really enjoy it and he hopes the Council can support the residents. Barbara Peterson, 1261 Arbor Street, is a former Orono Park Commission member and former City Council member, as well as a four term Mayor and sat in the seat where Mr. Walsh sits. Having sat in that chair for years she was thoroughly embarrassed to witness and watch the video of the last City Council meeting. She noted Mayor Walsh has a motto in the newsletter every quarter which states “my motto is citizens first and that will never change.” Ms. Peterson thinks Mr. Walsh probably wants to remove that from his newsletter. The fact that Mayor Walsh referred to two former mayors (one from Orono and one from Long Lake) as clowns and then very disrespectfully put a newspaper in front of his face while one of them was speaking is totally unacceptable. Mayor Walsh should care more about the job he is doing for the residents in this City than his own ego. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 Mayor Walsh thinks Ms. Peterson should be more respectful and the people that come up to the podium should be more respectful. He asked Ms. Peterson if she knows the people that come up to the podium have sued for defamation because they made things up about him and they yell at the City Council? Ms. Peterson replied this is her time for public comments, Mr. Mayor, and she is only referring to him as Mr. Mayor because she respects the office, not him. She continued saying the fire department has become an issue and when the department was moved Ms. Peterson was involved in that and she would like to volunteer to help with those negotiations. When it happened years ago both sides had to give and take, she thinks it may be worthwhile for another side to be put into the mix to come to a resolution. She has received comments and phone calls about the issue and thinks Orono can do better than this, which is why she would like to volunteer her time to help with it. She said this was her time to speak and she asked the Mayor respectfully that in the future he will not interrupt the residents when they come to speak before him. FINANCE DIRECTOR REPORT Finance Director Olson gave a presentation on the building permit revenue, noting June was a very good month with $95,500 in building permit revenue. They are now ahead of the budget at 56%. He has been trying to figure out what interest rates will do and he is hearing they will continue to rise but not quite as far as it had been predicted. CITY ATTORNEY REPORT Attorney Mattick provided the Council with a written update on some litigation they are handling and if there are questions they can continue in a closed session at the next meeting. In addition, he and Mr. Edwards are working on renegotiating the collective bargaining agreements and will present counter - offers the following day to the four groups. CITY ADMINISTRATOR/ENGINEER REPORT Edwards had nothing to report. MAYOR/COUNCIL REPORT Crosby noted there has been a lot of turbulence at the last couple of meetings. He thinks the important thing to recognize is that the citizens address the City Council in a respectful manner, not to interrupt, respect the people in the gallery, and he noted they can agree to disagree but attacking members of the Council or the Mayor is not warranted. If people can do it in a constructive manner and have a disagreement or issue they would like to discuss, that is what the time is for. However to attack so meone in a personal manner is really beneath people and embarrassing to themselves. For past Mayors to come up and explain how disruptive it is that the Mayor has chatted back…Crosby does not think anyone has had to sit in that spot and take that on a constant basis. He stated they are all better than that, they are adults, and they know how to talk to each other in a respectful manner. The City Council Chambers is still a sacred area to the City of Orono so they all need to respect it. Crosby stated people do not have to vote for the Mayor again, but they should respect the office, the Chambers, and the other citizens of Orono that are here. ADJOURNMENT MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 6 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. 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 Walsh moved, Seals seconded, to enter into closed session at 7:02 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 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 119089 to119186 and ACH transaction 2013026 to 20130275 totaling $518,473.00. 3. Noteworthy Payments. Vendor Amount Description of Payment #119114 City of Long Lake $129,506.25 3rd Qtr Fire Service $113,985.25 and 2021 Budget overage $15,521.00. #119147 Kriha Electric $5,094.00 Electrical Repair on Generators # 13 and #3 LS. #119157 Mission Communications LLC $9,265.43 Annual Sewer Lift Station Alarm Service. 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.: 2 Date: July 25, 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: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Belson Outdoors 07/13/2022 118769 200542 101-45200-221 PARK BENCH Parks 707.29- Total 118769:707.29- Belson Outdoors 07/13/2022 118906 200602 225-45200-580 PICNIC TABLES FOR BIG ISLAND 2,977.88- Total 118906:2,977.88- OPD BUSINESS SOLUTIONS LL 07/12/2022 119068 2475866960 101-42110-201 MISC OFFICE SUPPLIES Police Department 116.02- OPD BUSINESS SOLUTIONS LL 07/12/2022 119068 24850811700 101-42110-201 MISC OFFICE SUPPLIES Police Department 73.82- OPD BUSINESS SOLUTIONS LL 07/12/2022 119068 2496064140 101-41900-201 PENS Central Services 9.58- OPD BUSINESS SOLUTIONS LL 07/12/2022 119068 2496072320 101-41900-201 OFFICE SUPPLIES Central Services 150.51- OPD BUSINESS SOLUTIONS LL 07/12/2022 119068 2501936330 101-42110-201 MISC OFFICE SUPPLIES Police Department 123.41- OPD BUSINESS SOLUTIONS LL 07/12/2022 119068 2501995510 101-42110-201 MISC OFFICE SUPPLIES Police Department 13.56- OPD BUSINESS SOLUTIONS LL 07/12/2022 119068 2536223490 101-41900-201 OFFICE SUPPLIES Central Services 44.67- OPD BUSINESS SOLUTIONS LL 07/12/2022 119068 2590193633 101-42110-201 MISC OFFICE SUPPLIES Police Department 123.41- Total 119068:654.98- OPD BUSINESS SOLUTIONS LL 07/12/2022 119089 2431498950 101-41900-201 NAPKINS Central Services 23.58 OPD BUSINESS SOLUTIONS LL 07/12/2022 119089 2443273680 101-41900-201 SHARPIE/PAPER Central Services 39.65 OPD BUSINESS SOLUTIONS LL 07/12/2022 119089 2475866960 101-41900-201 WHITE BOARD Central Services 116.02 OPD BUSINESS SOLUTIONS LL 07/12/2022 119089 24850811700 101-42110-201 SPOONS/FORKS/CALCULATOR/ENVELOPE Police Department 73.82 OPD BUSINESS SOLUTIONS LL 07/12/2022 119089 2496064140 101-41900-201 Pens Central Services 9.58 OPD BUSINESS SOLUTIONS LL 07/12/2022 119089 2496072320 101-41900-201 ADDRESS LABELS/PENS/CARD Central Services 150.51 OPD BUSINESS SOLUTIONS LL 07/12/2022 119089 2501936330 101-42110-201 PAPER/TOWELS/TISS Police Department 123.41 OPD BUSINESS SOLUTIONS LL 07/12/2022 119089 2501995510 101-42110-201 PAD Police Department 13.56 Total 119089:550.13 A 1 RENT IT 07/25/2022 119090 171810-1 701-49800-212 PROPANE 25.00 Total 119090:25.00 Advance Auto Parts 07/25/2022 119091 6974-445054 701-49800-222 BRAKES FOR 409 136.89 Advance Auto Parts 07/25/2022 119091 6974-445190 701-49800-221 CORE RETURN CREDIT 55.00- Total 119091:81.89 AMAZON CAPITAL SERVICE 07/25/2022 119092 1FRC-DMJM 701-49800-222 EQUIPMENT REPAIR PARTS 141.61 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119092:141.61 AMERICAN PUBLIC WORKS AS 07/25/2022 119093 10/01/22-09/651-49910-433 APWA MEMBERSHIP Storm Water 231.25 AMERICAN PUBLIC WORKS AS 07/25/2022 119093 10/01/22-09/101-43000-433 APWA MEMBERSHIP Public Works Department 231.25 AMERICAN PUBLIC WORKS AS 07/25/2022 119093 10/01/22-09/601-49400-433 APWA MEMBERSHIP Water 231.25 AMERICAN PUBLIC WORKS AS 07/25/2022 119093 10/01/22-09/602-49450-433 APWA MEMBERSHIP Sewer 231.25 Total 119093:925.00 ANNA CARLSON 07/25/2022 119094 2022-06 101-41300-331 MILEAGE REIMBURSEMENT Administration 92.92 Total 119094:92.92 Aspen Mills 07/25/2022 119095 296659 101-42110-226 BALLISTIC VEST - TRENT WIEBUSCH Police Department 849.00 Aspen Mills 07/25/2022 119095 296679 101-42110-226 BALLISTIC VEST -SLIPKA Police Department 978.95 Total 119095:1,827.95 Awards by Cindy LLC 07/25/2022 119096 5172 101-41900-221 NAME PLATE - CITY ATTORNEY Central Services 23.32 Total 119096:23.32 BERGE, CEDAR 07/25/2022 119097 2022-07 101-32240 REFUND FOR DOG LICENSE 25.00 Total 119097:25.00 BIFFS INC 07/25/2022 119098 W872023 101-43000-415 PUBLIC WORKS BUILDING Public Works Department 91.00 Total 119098:91.00 BOLTON & MENK INC.07/25/2022 119099 0292709 601-16500 22-023 WATERMAIN REPLACEMENT (CSAH 19)12,480.50 BOLTON & MENK INC.07/25/2022 119099 0292710 101-43280-304 LA21--000022 LONG BRIDGE Special Services 953.00 BOLTON & MENK INC.07/25/2022 119099 0292711 101-43280-304 LA20-000048 SHORELINE ESTATES Special Services 739.00 BOLTON & MENK INC.07/25/2022 119099 0292712 101-43280-304 LA21-000014 ORONO CROSSING Special Services 2,716.00 BOLTON & MENK INC.07/25/2022 119099 0292713 101-43280-304 LA20-000030 ORCHARD CREEK Special Services 242.00 BOLTON & MENK INC.07/25/2022 119099 0292714 101-43280-304 LA15-3723 LAKEVIEW Special Services 93.00 BOLTON & MENK INC.07/25/2022 119099 0292715 602-49450-305 GIS MAINTENANCE SEWER Sewer 600.00 BOLTON & MENK INC.07/25/2022 119099 0292715 601-49400-305 GIS MAINTENANCE WATER Water 540.00 BOLTON & MENK INC.07/25/2022 119099 0292715 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 135.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.07/25/2022 119099 0292715 101-43170-305 GIS MAINTENANCE GENERAL Engineering 945.00 BOLTON & MENK INC.07/25/2022 119099 0292717 101-45200-304 SURVEY FOR BEDERWOOD LAWSUIT Parks 6,061.00 BOLTON & MENK INC.07/25/2022 119099 0292717 651-49910-304 MS4 PERMITT SUPPORT Storm Water 76.00 BOLTON & MENK INC.07/25/2022 119099 0292718 651-49910-304 22-029 SWPPP UPDATE Storm Water 93.00 BOLTON & MENK INC.07/25/2022 119099 0292720 651-16500 22-028 NORTH SHORE RAVINE STABILIZATION 7.50 BOLTON & MENK INC.07/25/2022 119099 0292722 602-16500 22-014 SANITARY SEWER REHABILITATION (CIP 387.00 BOLTON & MENK INC.07/25/2022 119099 0292723 435-48975-304 22-001 2022 STREETS PROJECT 8,483.50 BOLTON & MENK INC.07/25/2022 119099 0292724 602-16500 22-021 FORCEMAIN REPLACEMENT (TONKAWA)82.00 BOLTON & MENK INC.07/25/2022 119099 0292725 101-43170-303 21-040 NAVARRE PARKING LOT Engineering 1,452.00 BOLTON & MENK INC.07/25/2022 119099 0292726 602-16500 21-039 PW FACILITY UTILITIY CONSTRUCTION 90.00 Total 119099:36,175.50 BOND TRUST SERVICES CORP 07/25/2022 119100 72643 322-47000-611 INTEREST 2014A 30,862.51 BOND TRUST SERVICES CORP 07/25/2022 119100 72644 322-47000-611 INTEREST 2016A 5,200.00 Total 119100:36,062.51 BRANDT, ZHANNA 07/25/2022 119101 2022.07 BRA 999-10015 UB REFUND - 3865 SHORELINE DR 150.00 Total 119101:150.00 BRUE, NICOLAS 07/25/2022 119102 2022.04.27 101-45210-404 DESIGN Golf Course 1,450.00 Total 119102:1,450.00 CAMPBELL KNUTSON 07/25/2022 119103 2717-0000G 101-41600-307 GENERAL MATTERS 6/22 Law/Legal Services 6,496.01 CAMPBELL KNUTSON 07/25/2022 119103 2717-0004G 101-42110-307 POLICE MATTERS 6/22 Police Department 1,173.00 CAMPBELL KNUTSON 07/25/2022 119103 2717-0201G 101-41600-307 MISC RECORDINGS 6/2022 Law/Legal Services 46.76 CAMPBELL KNUTSON 07/25/2022 119103 2717-0740G 101-41600-307 LITIGATION - MERA CLAIM 6/22 Law/Legal Services 858.58 CAMPBELL KNUTSON 07/25/2022 119103 2717-0763G 101-43280-307 LA21-000058 GENNESARET PLAT Special Services 55.00 CAMPBELL KNUTSON 07/25/2022 119103 2717-0787G 101-43280-307 LA22-000017 (3683 NORTH SHORE DR)Special Services 715.00 CAMPBELL KNUTSON 07/25/2022 119103 2717-0788G 101-43280-307 LA22-000028 (2605 NORTH SHORE DR)Special Services 220.00 CAMPBELL KNUTSON 07/25/2022 119103 2717-0800G 101-42400-307 B&Z ASSISTANCE 6/22 Building & Zoning 408.00 CAMPBELL KNUTSON 07/25/2022 119103 2717-0801G 101-41600-307 COUNCIL MEETINGS 6/22 Law/Legal Services 1,683.00 CAMPBELL KNUTSON 07/25/2022 119103 2717-0802G 101-42400-307 B&Z ASSISTANCE 6/22 Building & Zoning 408.00 CAMPBELL KNUTSON 07/25/2022 119103 2717-0803G 101-41600-307 ORDINANCES 6/22 Law/Legal Services 1,105.00 Total 119103:13,168.35 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CENTERPOINT ENERGY MAIN 07/25/2022 119104 05/20/22-06/601-49400-381 GAS SERVICE 05/20/22-06/21/2022 Water 1,654.62 CENTERPOINT ENERGY MAIN 07/25/2022 119104 05/20/22-06/602-49450-381 GAS SERVICE 05/20/22-06/21/2022 Sewer 624.11 CENTERPOINT ENERGY MAIN 07/25/2022 119104 05/20/22-06/101-41900-381 GAS SERVICE 05/20/22-06/21/2022 Central Services 155.30 CENTERPOINT ENERGY MAIN 07/25/2022 119104 05/20/22-06/101-42110-381 GAS SERVICE 05/20/22-06/21/2022 Police Department 75.35 CENTERPOINT ENERGY MAIN 07/25/2022 119104 05/20/22-06/101-45210-381 GAS SERVICE 05/20/22-06/21/2022 Golf Course 34.87 Total 119104:2,544.25 CENTRAL PENSION FUND SOU 07/25/2022 119105 CENTRALPE 101-21705 LOCAL UNION #49 6/27/22-7/10/22 831.50 Total 119105:831.50 Century Link 07/25/2022 119106 2022-07 WP 601-49400-321 WP PHONE/INTERNET- 07/04/2022-08/03/2022 Water 139.78 Total 119106:139.78 CenturyLink 07/25/2022 119107 300589276 614-49840-329 INTERNET 06/08/22-07/07/2022 LUMEN Cable Franchise 1,056.15 Total 119107:1,056.15 CHARLIE'S AUTO BODY 07/25/2022 119108 2022.07 FIN 703-49960-379 SQUAD 259 DAMAGE REPAIR 4,091.47 Total 119108:4,091.47 CHUNKS LAKESHORE AUTO 07/25/2022 119109 0018638 101-42110-402 OIL CHANGE/FILTER #257 Police Department 90.54 CHUNKS LAKESHORE AUTO 07/25/2022 119109 0018643 701-49800-402 TRANSMISSION FLUSH UNIT 422 405.36 CHUNKS LAKESHORE AUTO 07/25/2022 119109 0018646 101-42110-402 #268 SERVICE - OIL CHANGE/CABIN AIR FILTER Police Department 144.31 CHUNKS LAKESHORE AUTO 07/25/2022 119109 0018658 101-42110-402 #269 SERVICE - OIL CHANGE Police Department 86.93 CHUNKS LAKESHORE AUTO 07/25/2022 119109 0018662 101-42110-402 #264 OIL CHANGE/FILTER Police Department 48.58 CHUNKS LAKESHORE AUTO 07/25/2022 119109 0018680 101-42110-402 #251 OIL CHANGE/FILTER Police Department 111.22 CHUNKS LAKESHORE AUTO 07/25/2022 119109 0018681 101-42110-402 #253 OIL CHANGE/FILTER Police Department 52.90 CHUNKS LAKESHORE AUTO 07/25/2022 119109 0018684 101-42110-402 #254 BRAKES AND TIRES Police Department 710.20 Total 119109:1,650.04 CITY OF BLOOMINGTON 07/25/2022 119110 20927 601-49400-489 LAB FEES Water 33.00 Total 119110:33.00 CITY OF CORCORAN 07/25/2022 119111 2022.07 101-42110-438 2ND QTR 2022 TOWARD ZERO DEATHS GRANT Police Department 4,988.50 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119111:4,988.50 CITY OF CRYSTAL 07/25/2022 119112 2022.07 101-42110-438 2ND QTR 2022 TOWARD ZERO DEATHS GRANT Police Department 2,355.00 Total 119112:2,355.00 CITY OF DAYTON 07/25/2022 119113 2022.07 101-42110-438 2ND QTR 2022 TOWARD ZERO DEATHS GRANT Police Department 2,115.06 Total 119113:2,115.06 CITY OF LONG LAKE 07/25/2022 119114 20220117 101-42260-318 3RD QTR 2022 FIRE SERVICE Fire Protection Services 113,985.25 CITY OF LONG LAKE 07/25/2022 119114 20220117 101-42260-318 2021 BUDGET OVERAGE Fire Protection Services 15,521.00 Total 119114:129,506.25 CITY OF MINNEAPOLIS 07/25/2022 119115 2022.07 101-42110-438 2ND QTR 2022 TOWARD ZERO DEATH GRANT - Police Department 2,626.30 Total 119115:2,626.30 CITY OF MINNETONKA BEACH 07/25/2022 119116 3/31/2021-6/602-49450-387 SEWER SERVICE 2ND QTR 2022 Sewer 190.00 Total 119116:190.00 CITY OF MONTICELLO 07/25/2022 119117 0025429 101-42110-317 ANIMAL CARE Police Department 360.00 Total 119117:360.00 CITY OF NEW HOPE 07/25/2022 119118 2022.07 101-42110-438 2ND QTR 2022 TOWARD ZERO DEATHS GRANT Police Department 3,987.03 Total 119118:3,987.03 CITY OF ROBBINSDALE 07/25/2022 119119 2022.07 101-42110-438 2ND QTR 2022 TOWARD ZERO DEALTHS GRAN Police Department 5,717.67 Total 119119:5,717.67 CIVICPLUS 07/25/2022 119120 232813 614-49840-329 CIVICPLUS WEBSITE ANNUAL FEE Cable Franchise 7,053.66 CIVICPLUS 07/25/2022 119120 233278 101-41900-319 2ND HALF LEGAL REVIEW Central Services 4,200.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119120:11,253.66 CLINT SCHUMANN 07/25/2022 119121 PKUS786298 101-43000-226 SAFETY TOE SHOES Public Works Department 228.00 Total 119121:228.00 COMMERCIAL ASPHALT 07/25/2022 119122 220630 601-49400-405 WATER MAIN BREAK PATCH - KELLEY AVE Water 1,431.91 Total 119122:1,431.91 CORE & MAIN 07/25/2022 119123 Q851496 101-43050-227 WATER MAIN SUPPLIES Public Works - Spring Park 678.58 Total 119123:678.58 DAHLHEIMER BEVERAGE MON 07/25/2022 119124 1590689 101-45210-091 ALCOHOL Golf Course 592.35 DAHLHEIMER BEVERAGE MON 07/25/2022 119124 1590689 101-45210-093 CONCESSIONS Golf Course 79.00 DAHLHEIMER BEVERAGE MON 07/25/2022 119124 1610113 101-45210-091 ALCOHOL Golf Course 873.30 Total 119124:1,544.65 DARULA, MICHAEL 07/25/2022 119125 2022.07 DAR 999-10015 UB REFUND - 2696 CAROLINE AVE 258.82 Total 119125:258.82 ECM PUBLISHERS INC 07/25/2022 119126 900578 101-42400-340 PUBLIC HEARING Building & Zoning 56.62 ECM PUBLISHERS INC 07/25/2022 119126 902316 101-41410-340 ELECTION NOTICE Elections 23.84 Total 119126:80.46 EK JOHNSON CONSTRUCTION 07/25/2022 119127 2022.07 EK J 101-34410 RAS22-52 580 ORCHARD PARK RD (OVER PYM 1,888.91 Total 119127:1,888.91 Emergency Medical Products Inc 07/25/2022 119128 2462544 101-42110-221 MED SUPPLIES Police Department 182.00 Emergency Medical Products Inc 07/25/2022 119128 2464314 101-42110-221 MED SUPPLIES Police Department 45.30 Emergency Medical Products Inc 07/25/2022 119128 2464767 101-42110-221 MED SUPPLIES Police Department 79.50 Total 119128:306.80 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ESRI Inc 07/25/2022 119129 94282290 710-49970-416 GIS LICENSING 2,996.16 Total 119129:2,996.16 ESS BROTHERS & SONS 07/25/2022 119130 CC47752 602-49450-227 CURB STOP TOP HATS Sewer 1,026.00 ESS BROTHERS & SONS 07/25/2022 119130 CC47752 101-41900-223 TRUNCATED DOMES FOR SIDEWALKS Central Services 264.00 Total 119130:1,290.00 ESSEN, JEFFREY 07/25/2022 119131 2022.07 ESS 999-10015 UB REFUND - 2648 CASCO POINT RD 46.46 Total 119131:46.46 FAUL PSYCHOLOGICAL 07/25/2022 119132 1205 101-42110-319 PSYCH TESTING - SLIPKA Police Department 650.00 FAUL PSYCHOLOGICAL 07/25/2022 119132 1205 101-42110-319 PSYCH TESTING - KNAPEK Police Department 650.00 FAUL PSYCHOLOGICAL 07/25/2022 119132 1205 101-42110-319 WELLNESS SESSIONS FOR 8 OFFICERS Police Department 1,600.00 Total 119132:2,900.00 Fricke & Sons Sod Inc 07/25/2022 119133 35339 101-45210-223 SOD Golf Course 191.25 Total 119133:191.25 FRONTIER CUSTOM BUILDERS 07/25/2022 119134 2022.08 101-22205 PAYMENT REFUND- RAS22-48 3505 WATERTOW 721.45 Total 119134:721.45 GENUINE PARTS COMPANY/NA 07/25/2022 119135 3270-542741 101-45200-221 MOWER REPAIR PARTS - #626 Parks 20.89 GENUINE PARTS COMPANY/NA 07/25/2022 119135 3270-542795 701-49800-212 STARTING FUILD 13.78 GENUINE PARTS COMPANY/NA 07/25/2022 119135 3270-542900 701-49800-221 BRAKES FOR 409 184.47 GENUINE PARTS COMPANY/NA 07/25/2022 119135 3270-542915 701-49800-221 BRAKES FOR 409 79.51 GENUINE PARTS COMPANY/NA 07/25/2022 119135 3270-543101 701-49800-221 CREDIT 184.47- GENUINE PARTS COMPANY/NA 07/25/2022 119135 3270-543237 701-49800-221 FUEL FILTERS #711 105.06 GENUINE PARTS COMPANY/NA 07/25/2022 119135 3270-543325 701-49800-222 COOLANT FILTER 18.63 GENUINE PARTS COMPANY/NA 07/25/2022 119135 3270-543368 701-49800-212 GREASE GUN FITTING 30.39 Total 119135:268.26 GERTENS 07/25/2022 119136 2420/15 101-43000-212 PROPANE Public Works Department 60.48 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119136:60.48 GOLDEN VALLEY POLICE DEPA 07/25/2022 119137 2022.07 101-42110-438 2ND QTR 2022 TOWARD ZERO DEATH GRANT Police Department 1,342.21 Total 119137:1,342.21 GOPHER ACE 07/25/2022 119138 011736/1 101-42110-401 HARDWARE Police Department 61.14 GOPHER ACE 07/25/2022 119138 011737/1 101-42110-401 CABLE LIGHTING Police Department 20.00- GOPHER ACE 07/25/2022 119138 11765 701-49800-403 NUTS AND BOLTS #626 3.88 GOPHER ACE 07/25/2022 119138 11796 701-49800-221 REPAIR PARTS FOR UNIT 711 48.54 GOPHER ACE 07/25/2022 119138 11799/1 101-45200-223 CLEANING SUPPLIES BIG ISLAND Parks 29.17 GOPHER ACE 07/25/2022 119138 11809 101-43000-240 DRILL BIT Public Works Department 28.99 GOPHER ACE 07/25/2022 119138 11810 101-43000-222 BOLTS FOR SHOP Public Works Department 25.48 GOPHER ACE 07/25/2022 119138 11820/1 101-45210-404 IRRIGATION REPAIR Golf Course 36.98 GOPHER ACE 07/25/2022 119138 11867 101-43000-222 BOLTS FOR SHOP Public Works Department 3.99 GOPHER ACE 07/25/2022 119138 11868 101-41900-223 MECHANICS SHOP BUILDING SUPPLIES Central Services 141.94 GOPHER ACE 07/25/2022 119138 11870 101-43000-222 BOLTS FOR SHOP Public Works Department 5.98 Total 119138:366.09 GREAT LAKES COCA-COLA 07/25/2022 119139 3609217820 101-45210-092 POP Golf Course 723.63 Total 119139:723.63 HAWKINS INC 07/25/2022 119140 6185149 601-49400-216 WATER PLANT CHEMICALS Water 120.00 Total 119140:120.00 HAWKINS INC 07/25/2022 119141 6238079 601-49400-216 WATER PLANT CHEMICALS Water 40.00 Total 119141:40.00 HENNEPIN COUNTY INFOR TE 07/25/2022 119142 1000188949 101-43000-415 PW RADIOS Public Works Department 283.14 Total 119142:283.14 HERITAGE GLASS COMPANY 07/25/2022 119143 22096 701-49800-222 WINDSHIELD 409 415.17 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119143:415.17 HIGHWAY 55 RENTAL 07/25/2022 119144 569512 101-45210-415 SOD CUTTER RENTAL Golf Course 134.62 Total 119144:134.62 INTOXIMETERS INC 07/25/2022 119145 711352 101-42110-240 MOUTHPIECES Police Department 238.00 Total 119145:238.00 KRIENKE, CARRIE 07/25/2022 119146 2022.06 101-41500-331 MILEAGE - BANK DEPOSITS 4/5/22-6/30/22 Finance Department 114.26 Total 119146:114.26 KRIHA ELECTRIC 07/25/2022 119147 3948 602-16500 LS#13 &3 GENERATOR ELECTRICAL WORK 5,094.00 Total 119147:5,094.00 LAKESCAPE LLC 07/25/2022 119148 907 101-45200-404 BEACH CLEAN-UPS Parks 843.34 Total 119148:843.34 LANO EQUIPMENT 07/25/2022 119149 03-924465 101-43050-489 PULLEY FOR MOWER DECK AT THOR PARK Public Works - Spring Park 132.40 Total 119149:132.40 LEAGUE OF MN CITIES INS TR 07/25/2022 119150 2022.07 BUR 703-49960-379 DEDUCTIBLE-LITIGATION SHARE 4,553.04 LEAGUE OF MN CITIES INS TR 07/25/2022 119150 7389 703-49960-379 HILLEGASS DEDUCTIBLE 2,500.00 Total 119150:7,053.04 LOGIS 07/25/2022 119151 52321 101-42110-310 POLICE RECORDS 7/22 Police Department 7,807.00 LOGIS 07/25/2022 119151 52321 710-49970-329 INTERNET 7/22 572.00 LOGIS 07/25/2022 119151 52321 710-49970-311 HOSTED BACKUPS 7/22 1,208.00 LOGIS 07/25/2022 119151 52321 710-49970-311 HOSTED SERVERS 7/22 1,332.00 LOGIS 07/25/2022 119151 52321 710-49970-311 HOSTED COMPLIANCE ARCHIVE 7/22 516.00 LOGIS 07/25/2022 119151 52321 710-49970-311 HOSTED WATCHGUARD 7/22 167.00 LOGIS 07/25/2022 119151 52390 710-49970-401 NETWORK SUPPORT 1,072.50 LOGIS 07/25/2022 119151 52433 710-49970-416 LIQUID FILES LICENSE 246.32 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119151:12,920.82 MANSFIELD OIL COMPANY 07/25/2022 119152 23398088 701-49800-212 DIESEL FUEL 2,754.97 MANSFIELD OIL COMPANY 07/25/2022 119152 23413054 101-45210-212 UNLEADED FUEL Golf Course 1,253.91 MANSFIELD OIL COMPANY 07/25/2022 119152 23413312 101-45210-212 DIESEL FUEL Golf Course 1,922.03 Total 119152:5,930.91 MEED, MICHAEL 07/25/2022 119153 2022.07 MEE 999-10015 UB REFUND - 2725 SHADYWOOD RD 46.46 Total 119153:46.46 METROPOLITAN COUNCIL ENVI 07/25/2022 119154 0001142678 602-49450-383 WASTWATER SERVICE 8/2022 Sewer 59,036.55 Total 119154:59,036.55 MEYER, BRUCE & NANCY 07/25/2022 119155 2022.07.18 999-10015 UB REFUND - 605 PARK LN 87.70 Total 119155:87.70 MISSION COMMUNICATIONS LL 07/25/2022 119156 1066512 602-49450-406 ANNUAL ALARM SERVICE Sewer 9,265.43 Total 119156:9,265.43 MN OCCUPATIONAL HEALTH LB 07/25/2022 119157 2022.06 101-42110-319 MEDICAL EXAM - JULIA KNAPEK Police Department 1,194.00 Total 119157:1,194.00 MNSPECT LLC 07/25/2022 119158 9018 101-42400-310 JUNE BUILDING SERVICES Building & Zoning 127.50 Total 119158:127.50 MOUND TRUE VALUE 07/25/2022 119159 181973 101-42110-404 CORD REEL Police Department 70.99 MOUND TRUE VALUE 07/25/2022 119159 182004 101-42110-401 BULBS Police Department 29.98 MOUND TRUE VALUE 07/25/2022 119159 182107 101-42110-240 MISC SUPPLIES Police Department 4.79 Total 119159:105.76 MTI DISTRIBUTING INC 07/25/2022 119160 1352106-00 101-45210-404 IRRIGATION REPAIR Golf Course 1,048.01 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MTI DISTRIBUTING INC 07/25/2022 119160 1352106-01 101-45210-404 IRRIGATION REPAIR Golf Course 85.78 MTI DISTRIBUTING INC 07/25/2022 119160 1352106-02 101-45210-404 IRRIGATION REPAIR Golf Course 85.78 Total 119160:1,219.57 NAVARRE HARDWARE 07/25/2022 119161 338057 101-42110-401 MISC SUPPLIES Police Department 5.58 NAVARRE HARDWARE 07/25/2022 119161 338070 101-42110-401 MISC SUPPLIES Police Department 7.49 NAVARRE HARDWARE 07/25/2022 119161 338092 101-45200-223 TOOLS Parks 55.95 NAVARRE HARDWARE 07/25/2022 119161 338201 101-43000-224 ROPE Public Works Department 81.97 Total 119161:150.99 Newegg Business Inc 07/25/2022 119162 1303969427 710-49970-221 SPEAKERS - PW 26.34 Newegg Business Inc 07/25/2022 119162 1303979845 710-49970-221 IPAD CHARGING BLOCK 17.52 Total 119162:43.86 Oertel Architects, Ltd 07/25/2022 119163 22-26, 1 101-43290-800 22-056 PW FUTURE USE STUDY Special Projects-Contingencies 6,142.08 Total 119163:6,142.08 OPD BUSINESS SOLUTIONS LL 07/25/2022 119164 2537089340 101-42110-201 MISC OFFICE SUPPLIES Police Department 59.68 OPD BUSINESS SOLUTIONS LL 07/25/2022 119164 25371143200 101-42110-201 MISC OFFICE SUPPLIES Police Department 35.60 Total 119164:95.28 Perry's Truck Repair 07/25/2022 119165 53824 101-45200-404 DOCK REPAIR Parks 75.00 Total 119165:75.00 PETERS, BILL 07/25/2022 119166 2022.07 101-34420 REFUND FOR VACATION PERMIT - LA22-39 1950 325.00 Total 119166:325.00 POS PAPER 07/25/2022 119167 4008356 101-42110-201 TICKET WRITER PAPER Police Department 199.80 Total 119167:199.80 QUALITY FLOW SYSTEMS INC 07/25/2022 119168 43189 602-49450-406 LS ACCESS COVERS Sewer 3,200.00 QUALITY FLOW SYSTEMS INC 07/25/2022 119168 43279 602-49450-406 LIFT STATION YEARLY CHECKS 30 LS AND 15 G Sewer 6,125.00 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119168:9,325.00 REPUBLIC SERVICES #894 07/25/2022 119169 0894-005807 101-41900-404 TRASH SERVICE 6/1/22-6/30/22 Central Services 770.52 REPUBLIC SERVICES #894 07/25/2022 119169 0894-005807 101-43100-404 TRASH SERVICE 6/1/22-6/30/22 Brush Site 35.03 REPUBLIC SERVICES #894 07/25/2022 119169 0894-005807 101-45200-404 TRASH SERVICE 6/1/22-6/30/22 Parks 858.08 REPUBLIC SERVICES #894 07/25/2022 119169 0894-005807 101-45210-404 TRASH SERVICE 6/1/22-6/30/22 Golf Course 87.56 Total 119169:1,751.19 RITEWAY BUSINESS FORMS 07/25/2022 119170 22-85129 602-49450-201 UB BILL - PAPER STOCK Sewer 473.12 Total 119170:473.12 Riverside Design 07/25/2022 119171 3240 101-41900-201 PICK UP SLIPS Central Services 260.00 Total 119171:260.00 ROGERS POLICE DEPARTMEN 07/25/2022 119172 2022.07 101-33490 2ND QTR 2022 TOWARD ZERO DEATHS GRANT 3,005.69 Total 119172:3,005.69 RYAN AUTO MALL 07/25/2022 119173 662312 101-42110-402 SQUAD #264 REPAIR AC Police Department 268.17 Total 119173:268.17 SNAP-ON TOOLS INC 07/25/2022 119174 0708221407 601-49400-227 SOCKET FOR WATER / SEWER STANDPIPES Water 13.50 Total 119174:13.50 SOUTH LAKE MINNETONKA PO 07/25/2022 119175 2022.07 101-33490 2ND QTR 2022 TOWARD ZERO DEATHS GRANT 4,671.16 Total 119175:4,671.16 STEVE STURM 07/25/2022 119176 2022.06 101-42110-226 CLOTHING INV'S Police Department 90.00 Total 119176:90.00 STREICHERS POLICE EQUIP 07/25/2022 119177 1563982 101-42110-226 UNIFORM EQUIPMENT - WITTKE Police Department 145.65 STREICHERS POLICE EQUIP 07/25/2022 119177 1576052 101-42110-226 UNIFORM EQUIPMENT - RESERVE ALEX Police Department 30.99 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount STREICHERS POLICE EQUIP 07/25/2022 119177 1576062 101-42110-226 UNIFORM EQUIPMENT - LIEBERMAN Police Department 11.99 STREICHERS POLICE EQUIP 07/25/2022 119177 1576118 101-42110-226 NEW HIRE UNIFORMS - KNAPEK Police Department 184.97 STREICHERS POLICE EQUIP 07/25/2022 119177 1576587 101-42110-226 UNIFORMS - SONNEK Police Department 232.99 STREICHERS POLICE EQUIP 07/25/2022 119177 1576935 101-42110-226 UNIFORMS - SONNEK Police Department 189.00 STREICHERS POLICE EQUIP 07/25/2022 119177 1577124 101-42110-226 NEW HIRE UNIFORM - KNAPEK Police Department 252.94 STREICHERS POLICE EQUIP 07/25/2022 119177 1577187 101-42110-226 NEW HIRE UNIFORM - KNAPEK Police Department 33.99 STREICHERS POLICE EQUIP 07/25/2022 119177 1577512 101-42110-226 NEW HIRE UNIFORM - KNAPEK Police Department 49.99 STREICHERS POLICE EQUIP 07/25/2022 119177 1578002 101-42110-226 UNIFORM - SILTALA Police Department 169.99 STREICHERS POLICE EQUIP 07/25/2022 119177 1578121 101-42110-226 UNIFORM EQUIPMENT - WOCKEN Police Department 94.97 Total 119177:1,397.47 THOMSON WEST 07/25/2022 119178 846594709 101-42110-311 CLEAR LAW ENFORCEMENT PLUS Police Department 270.53 Total 119178:270.53 TimeSaver Off Site Secretarial Inc 07/25/2022 119179 M27467 101-41300-319 CC MEETING MINUTES Administration 231.88 Total 119179:231.88 UNIFIRST CORPORATION 07/25/2022 119180 090 0707504 101-43000-404 RUGS - PW Public Works Department 19.50 UNIFIRST CORPORATION 07/25/2022 119180 090 0707504 701-49800-221 SHOP TOWELS - PW 5.70 UNIFIRST CORPORATION 07/25/2022 119180 090 0707504 101-43000-226 UNIFORMS - PW Public Works Department 109.31 UNIFIRST CORPORATION 07/25/2022 119180 0900707533 101-45210-223 LAUNDRY SERVICE Golf Course 26.07 Total 119180:160.58 VERIZON WIRELESS 07/25/2022 119181 9910487947 101-41900-321 VERIZON BILL 7/7-8/6 Central Services 216.40 VERIZON WIRELESS 07/25/2022 119181 9910487947 101-42110-321 VERIZON BILL 7/7-8/6 Police Department 1,697.12 VERIZON WIRELESS 07/25/2022 119181 9910487947 101-42400-321 VERIZON BILL 7/7-8/6 Building & Zoning 187.67 VERIZON WIRELESS 07/25/2022 119181 9910487947 101-43000-321 VERIZON BILL 7/7-8/6 Public Works Department 250.07 VERIZON WIRELESS 07/25/2022 119181 9910487947 101-43100-321 VERIZON BILL 7/7-8/6 Brush Site 75.02 VERIZON WIRELESS 07/25/2022 119181 9910487947 101-45200-321 VERIZON BILL 7/7-8/6 Parks 80.03 VERIZON WIRELESS 07/25/2022 119181 9910487947 101-45210-321 VERIZON BILL 7/7-8/6 Golf Course 115.04 VERIZON WIRELESS 07/25/2022 119181 9910487947 601-49400-321 VERIZON BILL 7/7-8/6 Water 121.37 VERIZON WIRELESS 07/25/2022 119181 9910487947 602-49450-321 VERIZON BILL 7/7-8/6 Sewer 110.03 Total 119181:2,852.75 WEST HENNEPIN PUBLIC SAFE 07/25/2022 119182 2022.07 101-42110-438 2ND QTR 2022 TOWARD ZERO DEATHS GRANT Police Department 409.54 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119182:409.54 Winning Edge Inc 07/25/2022 119183 167036X 101-42110-437 ORONO PD RETIREMENT AWARD Police Department 170.27 Total 119183:170.27 Wright-Hennepin Coop Electric 07/25/2022 119184 35029762211 101-43100-381 BRUSH SITE 06/01/22-06/29/22 Brush Site 28.40 Wright-Hennepin Coop Electric 07/25/2022 119184 35029762211 101-45210-381 GC SECURITY 08/31/2022 Golf Course 41.82 Wright-Hennepin Coop Electric 07/25/2022 119184 35029762211 101-43000-381 ELECTRICAL SERVICE 6/29 Public Works Department 197.65 Total 119184:267.87 XCEL ENERGY 07/25/2022 119185 786475677 101-41900-381 ELECTRIC SERVICE 05/23/22-06/22/22 Central Services 787.61 XCEL ENERGY 07/25/2022 119185 786475677 101-42110-381 ELECTRIC SERVICE 05/23/22-06/22/22 Police Department 2,485.53 XCEL ENERGY 07/25/2022 119185 786475677 101-42110-381 ELECTRIC SERVICE 05/23/22-06/22/22 Police Department 75.64 XCEL ENERGY 07/25/2022 119185 786475677 101-43000-381 ELECTRIC SERVICE 05/23/22-06/22/22 Public Works Department 402.11 XCEL ENERGY 07/25/2022 119185 786475677 101-43000-386 ELECTRIC SERVICE 05/23/22-06/22/22 Public Works Department 3,565.32 XCEL ENERGY 07/25/2022 119185 786475677 101-45200-381 ELECTRIC SERVICE 05/23/22-06/22/22 Parks 119.73 XCEL ENERGY 07/25/2022 119185 786475677 601-49400-381 ELECTRIC SERVICE 05/23/22-06/22/22 Water 6,709.90 XCEL ENERGY 07/25/2022 119185 786475677 602-49450-381 ELECTRIC SERVICE 05/23/22-06/22/22 Sewer 6,377.91 XCEL ENERGY 07/25/2022 119185 786475677 101-45210-381 ELECTRIC SERVICE 05/23/22-06/22/22 Golf Course 1,271.86 Total 119185:21,795.61 ZARNOTH BRUSH WORKS 07/25/2022 119186 0190013-IN 701-49800-221 UNIT 460 GUTTER BROOM 347.60 Total 119186:347.60 ALERUS RETIREMENT AND BE 07/25/2022 201302 C126656 101-41900-319 COBRA ADM FEE - 06/22 Central Services 46.00 Total 20130268:46.00 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41110-439 DOMINO'S -CC FOOD Mayor & Council 34.35 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41410-240 MENARDS -ELECTIONS EQUIP Elections 193.24 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41300-433 GPS - MUNICIPAL CLERK- MCFOA MEMBERSHIP Administration 51.48 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41300-433 GPS MUNICIPAL CLERK -MCFOA MEMBERSHIP Administration 51.48 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41900-329 SHUTTERSTOCK -CITY WEB ADVERTISEMENT Central Services 299.00 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41900-329 DROPBOX- COMMUNICATIONS Central Services 119.88 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41110-439 SMASHBURGER -CC FOOD Mayor & Council 113.31 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41410-221 MENARDS- ELECTIONS EQUIP Elections 55.17 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41110-439 HY-VEE CC FOOD Mayor & Council 9.85 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41410-439 COBORNS -ELECTIONS TRAINING - FOOD Elections 71.56 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41900-340 AMERICAN PLANNING -CD ADVERTISMENT Central Services 295.00 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41900-340 AMERICAN PLANNING -CD ADVERTISMENT Central Services 25.00 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41410-439 STORE -ELECTIONS TRAINING - FOOD Elections 13.85 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41300-439 SAMS CLUB -STAFF FAREWELL/WELCOME Administration 31.26 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-41300-439 COBORNS -STAFF FAREWELL/WELCOME Administration 44.96 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-43000-240 AMAZON -WIRE LOOM FOR SHOP Public Works Department 16.99 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-437 DMT TRAINING 3- OFFICERS Police Department 1,125.00 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-437 BCA TRAINING -FOURNIER Police Department 75.00 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-437 ITEMS FOR CISM DEBRIEF Police Department 41.23 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-240 PHOTO FRAMES Police Department 112.86 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-201 HARD DRIVES-INVESTIGATION Police Department 167.70 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-228 RIFLE MAGAZINES Police Department 255.89 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-439 MEETING EXPENSE MEALS Police Department 61.62 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-402 CAR WASH SUPPLIES Police Department 27.91 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-402 CAR WASH #261 Police Department 15.00 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42110-319 CREDIT Police Department 90.00- CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 710-49970-221 SCREEN PROTECTOR 8.59 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-42400-437 TIMBERLAKE LODGE - EGAN TRAINING HOTEL Building & Zoning 526.10 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-45210-093 CONCESSIONS Golf Course 243.49 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-45210-312 GIFT CARDS Golf Course 53.70 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 101-45200-223 WADERS Parks 172.43 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 601-49400-201 SECOND NATURE - ENVELOPES FOR OFFICE Water 377.85 CARDMEMBER SERVICE 07/25/2022 201302 05/24/2022-0 602-49450-201 SECOND NATURE - ENVELOPES FOR OFFICE Sewer 377.85 Total 20130269:4,978.60 FURTHER 07/25/2022 201302 16152562 101-41900-319 PARTICIPANT FEE Central Services 49.50 FURTHER 07/25/2022 201302 40294246 101-21719 FSA CLAIM REIMBURSEMENT 4.40 Total 20130270:53.90 HOME DEPOT CREDIT SERVIC 07/25/2022 201302 062022 101-41900-223 JANITOR SUPPLIES Central Services 35.98 HOME DEPOT CREDIT SERVIC 07/25/2022 201302 062022 701-49800-240 SHOP SUPPLIES 60.94 HOME DEPOT CREDIT SERVIC 07/25/2022 201302 062022 101-43000-224 MAILBOX REPAIR SUPPLIES Public Works Department 56.06 Total 20130271:152.98 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 7/12/2022 - 7/25/2022 Jul 21, 2022 02:22PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount INNOVO BENEFITS ADMINISTR 07/25/2022 201302 1209845 101-15998 HEALTH INSURANCE 08/22 - COBRA NON EMPL 3,915.36 INNOVO BENEFITS ADMINISTR 07/25/2022 201302 1209845 101-42110-135 HEALTH INSURANCE 08/2022 - POLICE CONT M Police Department 734.84 INNOVO BENEFITS ADMINISTR 07/25/2022 201302 1209845 101-21706 HEALTH INSURANCE 08/22 56,449.10 Total 20130272:61,099.30 METROPOLITAN COUNCIL- SAC 07/25/2022 201302 2022.07 101-20809 SAC 2022 ACH PYMT 7,455.00 METROPOLITAN COUNCIL- SAC 07/25/2022 201302 2022.07 101-39610 SAC 2022 ACH PYMT 74.55- Total 20130273:7,380.45 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 601-39610 WATER METER SALES 06/22 463.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 601-20806 WATER TAXABLE SALES 06/22 1,167.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 601-20806 BULK WATER SALES 06/22 82.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 101-37910 GOLF COURSE GREEN FEES 06/22 3,643.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 101-37920 RENTALS - SALES TAX 06/22 1,475.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 101-37930 BEER - SALES TAX 06/22 388.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 101-37940 CONCESSIONS - SALES TAX 6/22 162.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 101-37960 GOLF BALLS - SALES TAX 6/22 66.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 101-37970 PRO SHOP - SALES TAX 6/22 8.00 MN DEPT OF REVENUE-WIRE 07/25/2022 201302 2022.07 101-37980 CLOTHING - SALES TAX 6/22 22.00 Total 20130274:7,476.00 PSN: PAYMENT SERVICE INVOI 07/25/2022 201302 261452 601-49400-312 WATER FUND PSN FEES Water 282.71 PSN: PAYMENT SERVICE INVOI 07/25/2022 201302 261452 602-49450-312 SEWER FUND PSN FEES Sewer 573.99 PSN: PAYMENT SERVICE INVOI 07/25/2022 201302 261745 101-41900-312 BUILDING PERMIT PSN FEES Central Services 12.65 Total 20130275:869.35 Grand Totals: 518,473.00 AGENDA ITEM Prepared By: RJO Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to approve the City’s 2022 Pay Equity Report. 2. Background. Every three years the City is required to submit a Pay Equity Report to the State Department of Employee Relations (DOER) to demonstrate compliance with the requirements of the State Pay Equity Act. The Pay Equity Act requires that reasonable pay relationships be maintained between job classes regardless of the gender of the incumbents of those job classes. The City’s Pay Equity Report is attached. Minnesota Management and Budget requires the Pay Equity Implementation Report to be submitted electronically using their pay equity software. The software also computes compliance data based on information entered by the local jurisdiction. Based on the State’s criteria and reports generated by the pay equity software, it appears the City is in compliance with the requirements of the Pay Equity Act. After formal review of the Pay Equity Implementation Report, the city will receive a notice of compliance. 3. Cost. There is no cost associated with this action. 4. Staff Recommendation. Staff recommends approval 2022 Pay Equity Report. COUNCIL ACTION REQUESTED Motion to approve the 2022 Pay Equity Report. Exhibits A. 2022 Pay Equity Reports Item No.: 3 Date: July 25, 2022 Item Description: 2022 Pay Equity Report Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda Interpreting Results of Compliance Tests Your jurisdiction is required to pass four tests to be in compliance. 1. Completeness and Accuracy Test Report is submitted on time Data is correct Required information has been provided For more information, refer to the Guide to Understanding Pay Equity Compliance 2. Statistical or Alternative Test Compares salary data to determine if female classes are paid consistently below male classes of comparable work value (job points). The Minnesota Pay Equity Management System will generate results applying the Statistical Analysis Test. Underpayment ratio results of 80 and above are passing. In some cases, the Alternative Analysis is required and consists of a manual review of the data. Refer to the following page to determine which test applies to your report. For more information, refer to the Guide to Understanding Pay Equity Compliance. 3. Salary Range Test Compares the average number of years required for female classes to move through a salary range consisting of a time-phased step progression to the average number of years required for male classes. Results of 0 or 80 and above are passing scores. (Test does not apply if years to achieve maximum salary are not defined or if salary ranges are not defined). For more information, refer to the Guide to Understanding Pay Equity Compliance. 4. Exceptional Service Pay Test Compares the percentage of female classes receiving longevity or performance pay to the percentage of male classes receiving longevity or performance pay. In noting exceptional service pay, recipients must exceed the maximum salary reported. Results of 0 or 80 and above are passing scores. (Test does not apply if exceptional service pay is not available in your jurisdiction). For more information, refer to the Guide to Understanding Pay Equity Compliance. Interpreting Results of Compliance Tests When to use Statistical and Alternative Analysis Tests At least 6 male classes & at least one salary range T-Test results equal to or less than Value of T Compliance Compliance Refer to T-Test Table Yes Yes Yes Statistical Analysis 80 or greater Yes No No No No Alternative Analysis More than 20% female classes are at a disadvantage A disadvantage occurs when a female job class: • has more points and less pay than a male class and there are no male classes with more points • has the same points as a male class and less pay • has points between two male classes and less pay than either • rated lower than all male classes and pay is not reasonably proportionate to points as other classes AND the difference cannot be explained by years of service or performance Out of Compliance Compliance Report Jurisdiction:Orono Report Year:2022 P.O. Box 66 Case:1 - 2022 DATA (Private (Jur Only)) 2750 Kelley Parkway Orono, MN 55323 Contact:Ron Olson Phone:(952) 249-4611 E-Mail:rolson@ci.orono.mn.us The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION Male Classes Female Classes Balanced Classes All Job Classes # Job Classes 15 10 0 25 # Employees 51 12 0 63 Avg. Max Monthly Pay per employee 6357.62 5603.81 6214.03 II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 533.3334 * Male Classes Female Classes a. # At or above Predicted Pay 7 9 b. # Below Predicted Pay 8 1 c. TOTAL 15 10 d. % Below Predicted Pay (b divided by c = d)53.33 10.00 *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom (DF) = 61 Value of T = -4.696 a. Avg. diff. in pay from predicted pay for male jobs = 23 b. Avg. diff. in pay from predicted pay for female jobs = 332 III. SALARY RANGE TEST = 90.48 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 6.33 B. Avg. # of years to max salary for female jobs = 7.00 IV. EXCEPTIONAL SERVICE PAY TEST = 107.14 (Result is B divided by A) A. % of male classes receiving ESP = 93.33 * B. % of female classes receiving ESP = 100.00 *(If 20% or less, test result will be 0.00) Page 1 of 1 7/18/2022 3:50:04 PM Jo b C l a s s D a t a E n t r y V e r i f i c a t i o n L i s t Ca s e : 20 2 2 D A T A Or o n o LGID:907 Jo b N b r Cl a s s T i t l e Nb r Ma l e s Nb r Fe m a l e s No n - Bi n a r y Cl a s s Ty p e Jo b s Po i n t s Mi n M o Sa l a r y Ma x M o S a l a r y Yr s t o M a x S a l a r y Yrs of ServiceExceptional Service Pay 29 Cu s t o d i a n - G r o u n d s K e e p e r 1 0 0 M 10 1 27 2 0 . 0 0 33 6 6 . 4 0 7. 0 0 0.00 Longevity 26 Mu n i c i p a l S e r v i c e s S u p p o r t R e p 0 1 0 F 11 4 36 7 6 . 8 0 45 5 0 . 4 0 7. 0 0 0.00 Longevity 1 Ad m i n i s t r a t i v e A s s i s t a n t - P o l 0 2 0 F 11 4 36 7 6 . 0 0 45 5 0 . 4 0 7. 0 0 0.00 Longevity 7 Pu b l i c W o r k s S u p p o r t / U t i l i t y B 0 1 0 F 11 4 36 7 6 . 8 0 45 5 0 . 4 0 7. 0 0 0.00 Longevity 11 Pl a n n i n g A s s i s t a n t 0 1 0 F 11 4 41 6 1 . 6 0 51 5 0 . 0 4 7. 0 0 0.00 Longevity 14 Co m m u n i t y S e r v i c e O f f i c e r 1 0 0 M 12 4 30 5 4 . 4 0 37 8 0 . 8 0 7. 0 0 0.00 Longevity 25 Ma n a g e m e n t A s s i s t a n t 0 1 0 F 14 9 41 6 1 . 6 0 51 5 0 . 0 4 7. 0 0 0.00 Longevity 17 Pu b l i c W o r k s - M a i n t e n a n c e 8 0 0 M 16 4 40 4 1 . 6 0 50 0 1 . 6 0 7. 0 0 0.00 Longevity 16 Of f i c e M a n a g e r 0 1 0 F 21 9 45 9 5 . 2 0 56 8 6 . 4 0 7. 0 0 0.00 Longevity 27 Bu i l d i n g I n s p e c t o r 1 0 0 M 26 0 50 1 1 . 2 0 62 0 1 . 6 0 7. 0 0 Longevity 28 Go l f C o u r s e & P a r k S u p e r i n t e n d 1 0 0 M 27 3 55 3 2 . 8 0 62 4 9 . 6 0 7. 0 0 0.00 Longevity 19 Pu b l i c W o r k s S u p e r v i s o r 2 0 0 M 27 3 48 5 6 . 6 0 60 2 0 . 8 0 7. 0 0 0.00 Longevity 6 IT T e c h n i c i a n 1 0 0 M 29 0 50 2 0 . 4 6 63 6 3 . 1 8 7. 0 0 0.00 Longevity 21 Pa t r o l O f f i c e r 21 4 0 M 29 9 52 8 0 . 0 0 62 1 1 . 2 0 3. 0 0 0.00 Longevity 4 Ac c o u n t a n t 0 1 0 F 30 6 53 2 9 . 6 0 65 9 6 . 8 0 7. 0 0 0.00 Longevity 9 Ci t y P l a n n e r 0 2 0 F 32 4 53 2 9 . 6 0 65 9 6 . 8 0 7. 0 0 0.00 Longevity 3 Ci t y C l e r k 0 1 0 F 33 9 55 3 2 . 8 0 62 4 9 . 6 0 7. 0 0 0.00 Longevity 8 Bu i l d i n g O f f i c i a l 0 1 0 F 35 4 56 7 0 . 4 0 70 1 7 . 6 0 7. 0 0 0.00 Longevity 18 Pu b l i c W o r k s S u p e r i n t e n d e n t 1 0 0 M 41 5 58 8 4 . 8 0 72 8 3 . 2 0 7. 0 0 0.00 Longevity 22 Se r g e a n t 5 0 0 M 43 2 73 6 3 . 2 0 75 8 4 . 0 0 1. 0 0 0.00 15 De p u t y C h i e f 1 0 0 M 55 0 66 6 0 . 8 0 82 4 3 . 2 0 7. 0 0 0.00 Longevity 10 Co m m u n i t y D e v e l o p m e n t D i r e c t o r 1 0 0 M 64 0 66 6 0 . 8 0 82 4 3 . 2 0 7. 0 0 0.00 Longevity 5 Fi n a n c e D i r e c t o r 1 0 0 M 74 5 70 8 6 . 4 0 87 6 9 . 6 0 7. 0 0 0.00 Longevity 13 Po l i c e C h i e f 1 0 0 M 88 3 80 1 9 . 2 0 99 2 4 . 8 0 7. 0 0 0.00 Longevity 2 Ci t y A d m i n i s t r a t o r / E n g i n e e r 1 0 0 M 10 8 4 85 3 1 . 1 2 10 5 5 8 . 4 0 7. 0 0 0.00 Longevity Jo b N u m b e r C o u n t : 2 5 Pa g e 1 o f 1 7/18/2022 3:49:19 PM AGENDA ITEM Prepared By: L. Oakden Reviewed By: A. Carlson Approved By: 1. Purpose. The applicant has requested that the City confirm, by Resolution, that the three conditions identified in Resolution 7211 vacating a portion of Westlake Street have been met. 2. Background. In August, the City Council approved the vacation of a portion of Westlake Street, via Resolution 7211. This resolution had the following three requirements before the vacation could be recorded. 1. The applicant agrees to grant the public a drainage and utility easement to protect existing drainage and utility infrastructure. 2. The applicant agrees to provide right of way for the completion of the cul-de-sac at the proposed southern terminus of Westlake Street. 3. The applicant agrees to his unsolicited a donation of $100,000 to facilitate public improvements and services in the area. The Resolution 7211 is attached as Exhibit B. The two required documents have been signed and the applicant has made a donation to the City meeting all the requirements for the vacation approval. 3. Staff Recommendation. Staff recommends approval of Resolution 7277 confirming all the required conditions of Resolution 7211 have been met. COUNCIL ACTION REQUESTED Motion to adopt Resolution 7277, confirming all the required conditions of Resolution 7211 have been met. Exhibits A. Draft Resolution B. Original Resolution 7211 References Case File LA21-000029 Item No.: 4 Date: July 25, 2022 Item Description: LA21-000029 – Robert D. Erickson, 365 Westlake St, Confirming Conditions of Approval – Resolution 7277 Presenter: Laura Oakden, Interim Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7277 1 A RESOLUTION TO CONFIRM ALL CONDITIONS OF RESOLUTION NO. 7211 VACATING A PORTION OF WESTLAKE STREET HAVE BEEN MET WHEREAS, on April 21, 2021, Robert Erickson, (hereinafter the “Applicant”), made a complete application (#LA21-000029) to vacate a portion of Westlake Street; and WHEREAS, on August 9, 2021, the City Council reviewed the application approving the vacation and adopted Resolution 7211 which required the following conditions: 1. The applicant agrees to grant the public a drainage and utility easement to protect existing drainage and utility infrastructure. 2. The applicant agrees to provide right of way for the completion of the cul-de-sac at the proposed southern terminus of Westlake Street. 3. The applicant agrees to his unsolicited a donation of $100,000 to facilitate public improvements and services in the area. WHEREAS, on July 11, 2025, the Applicant completed all requirements of Resolution No. 7211. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota confirms items 1-3 above have been received by the City and the conditions are met for Resolution 7211. ADOPTED by the Orono City Council on this 25th day of July, 2022. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor iv- 14 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7211 ES H OV-t A RESOLUTION VACATING A PORTION OF WESTLAKE STREET WITHIN THE PLAT OF HILLSIDE PARK, HENNEPIN COUNTY, MINNESOTA FILE NO. LA21-000029 WHEREAS,the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on April 21, 2021, Robert Erickson, (hereinafter the Applicant"), made a complete application to vacate the southern 140 feet of platted right-of-way abutting lots and legally described as follows. That part of Westlake Street(dedicated as Lake Street in the plat of"Hillside Park")which lies southerly of a curve concave to the north having a radius of 50 feet. Said curve is concentric with the following described curve:A curve concave to the west having a radius of 40 feet,said curve passes through the northwest corner of Lot 9,Block 1,"Hillside Park"and passes through a point on the westerly line of Lot 10,said Block 1 distant 74.16 feet south from said northwest corner of Lot 9,the center of said curve is on the centerline of said Westlake Street. WHEREAS,on April 23,2021,information on the vacation request was sent to the DNR, as the right of way provides access to Lake Minnetonka,and WHEREAS, on July 19, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code,the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on July 19, 2021, the Planning Commission voted 3 in favor of and 2 against a motion to recommend denial of the requested vacation; and WHEREAS, on August 9, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and Page 1 of 2 OAto CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4 NO. 7211 t kESHO WHEREAS,the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The applicant agrees to grant the public a drainage and utility easement to protect existing drainage and utility infrastructure. 2. The applicant agrees to provide right of way for the completion of the cul de sac at the proposed southern terminus of Westlake Street. 3. The applicant agrees to his unsolicited a donation of $100,000 to facilitate public improvements and services in the area. 4. The City Council finds that, with these easements and other considerations: a. The vacation does not affect access to or use of any adjoining property. b. The City does not intend to develop, improve, or use the existing right of way. NOW, THEREFORE, BE IT RESOLVED,that upon provision of items 1-3 listed above, the vacation of the right of way area as described above is hereby granted by the City Council of the City of Orono on this 9nd day of August, 2021. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 2 of 2 AGENDA ITEM Prepared By: mcc Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain Council approval to commence the planning and engineering of the Spruce Place right-of-way realignment project. 2. Background. The majority of the paved roadway of Spruce Place is not located within the platted public right-of-way. Additionally, because of the road alignment, several of the homes on the lake side of Spruce Place have improvements/buildings constructed up to and/or within the right -of-way corridor. The roadway is narrow, and Spruce Place does not terminate in a cul-de-sac. The dead-end configuration results in challenges for residents, delivery drivers, and garbage haulers. A shift in property lines would correct the roadway to be within public right-of-way and to provide some relief to the abutting properties with current right-of-way encroachments. At the April 11, 2022 Council Work Session, staff provided information to the Council regarding this possible solution. Ray and Linda Hoffmann are the owners of 1254 Loma Linda (shown on the aerial image Exhibit B). They also own the vacant unaddressed lot between their property and 1295 Spruce Place (owned by the City). The Hoffmann’s have indicated an interest in working with the City toward a solution which would involve trading City right-of-way for a portion of their property in addition to an encroachment agreement to address their existing driveway improvements. Council directed staff to proceed and request an estimate from Bolton & Menk for the surveying and engineering work. 3. Neighborhood Notification. In May of 2022, letters were sent to owners of nine properties along the Spruce Place corridor to inform them of the City’s exploratory project. A sample of the letter is attached as Exhibit C. Two additional properties were added to the scope since the April work session. Four property owners have reached out to staff with questions; their response to the potential project has been generally positive. 4. Scope. The scope of Bolton & Menk’s services would include surveying, property research and right-of-way computations, set new monuments, and preparation of vacation and encroachment exhibits. The administrative paperwork, public hearings, and neighbor communications will be handled by staff. 5. Engineering and Design Cost. Bolton & Menk has provided a scope of services for a fee estimate not to exceed $16,000 (Exhibit A). 6. Funding. The engineering and subsequent legal review and recording costs will be funded by the Engineering Operation Budget. COUNCIL ACTION REQUESTED: Move to direct staff to move forward with the Spruce Place right-of-way realignment project and acceptance of the Bolton & Menk’s proposal. Exhibits A. Bolton and Menk Proposal B. Aerial Photos/Maps C. Sample Neighborhood Letter Item No.: 5 Date: July 25, 2022 Item Description: Spruce Place Right-of-Way Adjustment Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda H:\ORNO\2022 New Projects\Fee Estimate - Spruce Place Land Swap.docx June 22, 2022 City of Orono Attn: Melanie Curtis PO Box 66 Orono, MN 55323 RE: Spruce Place Land Swap – Professional Services Dear Melanie: As requested, we have prepared a scope of services and fee estimate for the professional services required for the proposed land swap and right of way vacation on Spruce Place. Proposed Scope of Engineering Services To assist the city with this project, Bolton & Menk proposes the following scope of services: • Initial Project Set Up and GSOC • Survey Control Tied into know Coordinates • Field Topography to Locate Edge of Road and Property Corners • Property Research and Right of Way Computations • Set New Monumentation • Four Right of Way Vacation and Encroachment Exhibits Fee Estimate Based on the scope of services described above, we propose a not-to-exceed fee of $16,000 to be billed on an hourly basis. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Senior Principal Engineer 26 May 2022 RE: Possible Spruce Place Property Line Re-Alignment Recently a resident on Spruce Place approached the City about a home improvement project on their property. In reviewing the options for this resident, Staff observed the alignment of the road right-of-way for Spruce Place does not follow the actual paved roadway. Rather, many of the homes on the lake side have buildings and/or improvements constructed up to and/or within the right-of-way. Additionally, it was noted that Spruce Place does not have a cul-de-sac resulting in challenges for residents, delivery drivers, garbage haulers, and emergency vehicles. Upon further exploration, staff noted that with a possible shift in existing property lines the roadway could be correctly placed within a public right-of-way corridor; no change to the existing roadway would be needed. Staff has had informal discussions with the primary impacted property owners, Ken and Linda Hoffmann at 1254 Loma Linda. They also own the vacant 0.18 acre lot situated between their property and City-owned 1295 Spruce Place. The Hoffmanns have indicated they are interested in working with the City toward a mutually beneficial solution. The current solution being explored is a land swap between the City and the Hoffmanns in order to move the Hoffmann’s road abutting boundary line from the east side of the paved roadway to the west. As an exchange, the Hoffmanns would gain the portion of the right-of-way that currently encroaches into their property on the northeast curve of their lot. The second part of the solution involves the portion of land currently dedicated as right-of-way which encroaches into your property. Upon movement of the Hoffmann’s property line, the City would vacate the portion of right-of-way abutting your property. You would gain this vacated property which would then be combined with your existing property, increasing the square footage of your property. The City’s surveying crew will be collecting information in your area. If you have questions or would like to discuss this project, please reach out to me at 952.249.4627 or by email: mcurtis@ci.orono.mn.us . Sincerely, CITY OF ORONO Melanie Curtis Planner Enclosure: 04/11/2022 City Council Work Session Memo & Exhibits References: • City Code Section 78-9 https://library.municode.com/mn/orono/codes/code_of_ordinances?nodeId=TITVILAUS_CH78ZORE_ARTIINGE_ S78-9VASTALPUGR • MN § 462.358 Subd. 7 https://www.revisor.mn.gov/statutes/cite/462.358 AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances to construct a garage addition on the existing home. 2. MN§15.99 Application Deadline. The application was received on May, 12th and considered to be complete on May 28th. The 60-Day review period has been extended and expires on September 25, 2022. 3. Background/ Summary. The applicant is requesting approvals in order to construct an attached garage addition on to the existing home. The revised proposed garage addition is shown 9.1 feet from the north, side property line (10-foot setback required) and 10.1 feet from the front (50-foot setback required); the addition will require front yard and side yard setback variances. The subject property (represented by the thick black line on survey) extends 7.4 feet into a described railroad right- of-way easement (dashed line highlighted yellow on survey) see Exhibit B and the image on the right. Following Planning Commission direction, the proposed addition (shown in blue) no longer encroaches into the railroad easement. 4. Planning Commission Vote and Comment. On June 21st, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 1 on a motion to deny the application as presented. The Commission discussed the request and the majority supported the setback variances, but not the encroachment into the DNR easement. Please reference the Planning Commission minutes attached as Exhibit C for more detail. 5. Public Comment. No comments from the neighbors were received. Comments from the DNR on the request are attached as Exhibit D. 6. Staff Recommendation. The applicant has provided a revised plan which no longer encroaches into the DNR easement. Staff recommends approval of the variances as revised. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7278. Exhibits A. Draft Resolution No. 7278 B. Revised Plans C. PC Minutes 06/21/2022 D. DNR Comment E. PC Staff Report 06/21/2022 Item No.: 6 Date: 25 July 2022 Item Description: LA22-000026 – Al Azad, 165 Bederwood Drive, Variances – Resolution No. 7278 Presenter: Melanie Curtis Planner Agenda Section: Community Development Report AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: References PC Exhibits 06/21/2022 A. Application B. Practical Difficulties Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photos G. Property Owners List H. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7278 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. LA22-000026 WHEREAS, on May 12, 2022, Al Azad (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 165 Bederwood Drive and legally described as: Boundary Description (Doc. 5536466) That part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line of Government Lot 3, Section 5, Township 117, Range 23, 1350.36 feet South of the Northwest corner of said Government Lot; thence Southeasterly at an angle of 69 degrees 30 minutes to the West line of said Government Lot 3 to a line drawn parallel to and 305.54 feet east of the West line of said Government Lot 3; thence North along said parallel line 287.46 feet to the point of beginning of the property being described; thence continuing North along said parallel line 87.75 feet; thence deflecting left 65 degrees 53 minutes 43 seconds to a line drawn parallel to and 163 feet East of the West line of said Government Lot 3; thence South along last said parallel line to a line drawn through the point of beginning at right angles to the West line of said Government Lot 3; thence East to the point of beginning. Subject to easements, restrictions and reservations of record, if any, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-305 to allow a 4.4 foot setback from the north, side lot line, and a 10.1 foot setback from the front lot line; and WHEREAS, an existing MN Department of Natural Resources (hereinafter the “DNR”) right-of-way easement area extends 7.4 feet into the Property. The DNR will not permit new encroachments; 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7278 2 WHEREAS, on June 21, 2022, the Planning Commission recommended denial of the variance into the side yard citing the conflict with the DNR right-of-way; and WHEREAS, on July 7, 2022, the Applicant provided a revised plan eliminating the encroachment into the DNR right-of-way and revising the side setback to 9.1 feet where 10 feet is required; and WHEREAS, on July 25, 2022, the City Council reviewed the revised 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 variances as revised and described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000026. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A, Single Family Lakeshore Residential Zoning District. 3. The Property contains 0.39 acres in area and has a defined lot width of 87.7 feet along the front lot line (the Property does not have frontage on a public or private roadway). 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Front Yard Setback Variance b. Side Yard Setback Variance 6. The Property has no lake or street frontage, or roadway access; rather the driveway access to Bederwood Drive is provided via a leased easement over the DNR Luce Line Trail right-of-way. 7. The Property has no clear front or rear property line. 8. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7278 3 upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The setback variances are supported by practical difficulties due to the substandard lot conditions and lot of record status. The requested variances for front and side setback for the garage addition appear to be in harmony with the City’s goals for conforming development and are in harmony with the Ordinance. The requested setback variances are reasonable considering the location of the existing home. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” Based on the location of the existing home setback variances are needed to construct the attached garage addition to the home which is consistent with the comprehensive plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The required setbacks for the Property allow for an approximate 3,200 square foot building area; the existing home footprint extends 10 feet outside of the buildable envelope. It is reasonable to connect the garage addition on the east side of the home to utilize the existing driveway easement which requires variances. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard size of the Property, railroad right-of-way encroachment, orientation, and driveway easement access are existing conditions; there is no available land with which to make the Property conforming. The location of the driveway easement and existing home are likely driving the design and support the setback variances; c. The variance, if granted, will not alter the essential character of the locality.” CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7278 4 The orientation and placement of the home and proposed additions on the Property does not appear to negatively impact the local neighborhood character. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential home is an allowed use in the LR-1A 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.” There are special conditions to the land justifying the setback variances in the existing home location, easement access and driveway configuration. This criteria is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The LR-1A setbacks are not specific to the Property yet a number of other small lots exists within this area. The setbacks cause the need for the requested setback variances. This criteria is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Substantial property right is provided by the home on the Property. The requested variances would allow for a logical connection to an attached garage within the side and front yard setbacks preserve the owner’s rights. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The Applicant asserts that the setback CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7278 5 variances are necessary. The setback variances provide for a garage orientation and footprint location which make use of the existing home and driveway orientation. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of an attached garage 10.1 feet from the front property line, and 9.1 feet from the north, side property line, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated July 6, 2022 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (July 25, 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 25th day of July, 2022. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor E d g e of R O W si d e fr o n t re a r si d e MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, June 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 9 2. LA22-000026 AL AZAD, 165 BEDERWOOD DRIVE, REQUESTS FRONT AND SIDE YARD SETBACK VARIANCES FOR A GARAGE ADDITION. (STAFF: MELANIE CURTIS) Al Azad, Applicant, was present. City Planner Curtis gave a presentation on the item, noting in 2021 the Applicant received variances in order to redevelop the property. However, due to high material and labor costs, they have adjusted their plans. The Applicant is now requesting variances from the front 50 foot setback and side setback in order to construct a garage addition in line with the existing home’s interior layout. The side property line abuts Luce Line right-of-way which extends into the property approximately 7.5 feet. The existing home is set 7.3 feet from this right-of-way encroachment line and 14.9 feet from the property line. The addition will encroach into the railroad easement by 3.1 feet creating a setback of 4.4 feet from the northern property line where a 10 foot setback is required. Staff finds the zoning district requirements, the existing lot size and width, and the unique configuration of the property having no actual road frontage create practical difficulties. The existing detached garage is constructed right up to this property line within the railroad easement and the new garage is shown within the existing garage foot print. The DNR has received a copy of the Applicant’s plans and Staff is awaiting their feedback on this application. Staff recommends approval. Curtis noted the Applicant should use care in improving the existing driveway to connect the new driveway assuring the improved driveway area remains within the established driveway easement shown on the survey. Feedback from the DNR will be provided to the City Council along with the Planning Commission’s recommendation at the July 11, 2022 meeting. Ressler noted it is currently encroaching on a railroad easement and typically they are not supportive of going into easements, yet Staff recommends approval. Curtis replied Staff approval is based on the existing garage and the improved setback the new garage addition will provide from the property line. Erickson stated an easement is not the same as a setback. Rather an easement is something granted from one property owner to another and in this case it is a State trail administered by the DNR. They are the beneficiaries of that easement and from a jurisdictional standpoint Erickson questions the City’s ability to approve something that conflicts with State property. Curtis replied that is the reason at this time Staff recommends approval pending feedback from the DNR. She spoke with the Parks and Trails Supervisor earlier in the day that was going to review the plans and provide feedback which has not yet been received. In the conversation, the Supervisor indicated the way the DNR addresses building encroachments within their building areas is to issue a lease to the property to allow that use. Erickson thinks it is important for the City to have some consistency and there have been other Applicants with encroachments in the Luce Line. He believes they required them to remove any encroachments on the easement, and spoke about an application regarding a shed. Another concern is looking at the plan there is an 8 foot space between the garage and the house, it seems if they put the garage right up against the house that would take care of the 3 foot encroachment. Curtis thinks there are some windows the owners are trying to preserve on that side of the home. She believes the shed encroachment Erickson is talking about was actually a Dakota Rail improvement which MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, June 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 9 is Hennepin County governed so the City defers to the County to proceed with a removal if they so choose. Al Azad, 165 Bederwood Drive, said the garage is not in good shape and they are trying to rebuild it where it was as the property was built in 1946. Chair McCutcheon asked Mr. Azad if he would consider moving the garage closer to the existing home. Mr. Azad replied yes, they might be open to that. He also called the DNR and has not heard back from them. Chair McCutcheon opened the public hearing at 7:19 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 7:19 p.m. Bollis would like to see the garage out of the easement but if the DNR is okay with it, he would also be fine with it as it is making the situation better. He would be willing to vote yes pending DNR approval. Kirchner stated this is not something he can support for many of the reasons Erickson noted regarding encroachments and easements. Even with DNR approval he does not believe it is a good practice as a Commission to approve projects that create an encroachment. He cannot support the item. Ressler said similar to lake yards that have tight setbacks where one is able to rebuild like-kind, the City prefers to improve those positions and he is seeing that here. He recognizes Kirchner’s points that this is an easement so it is not quite that simple. However, Ressler follows Bollis in recommending approval contingent upon DNR providing their blessing. Libby cannot comfortably support this having experience with proprietary real property asset ownership of both the DNR and Dakota Rail. He has seen decisions go either way (not at a City level) but it would appear that the Dakota right-of-way encroachment into railroad property is more DNR park land; he noted they have categorically denied, refuted, refused, and actually caused loss of historic buildings and accoutrements because there is a standing policy in their legal department that they will not allow it. If this is truly real property asset owned and controlled with a decision made by the DNR, there is still another governing authority that will have to decide. From past experience he cannot support this application as it is an encroachment, whether it is historic or “grandfathered” in. Curtis asked for clarification from the Commission: if the encroachment into the easement is not acceptable, they still have a10 foot setback from the side and for the Applicant’s sake she’d like to know whether the Commission is supportive of that encroachment. Kirchner stated he would be fine with the setback, however he has an issue with the encroachment. Bollis and Ressler agreed. Chair McCutcheon thinks there is an opportunity to change the design and not be inside the encroachment which would be more likely to be approved. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, June 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 9 Kirchner moved to deny LA22-000026, 165 Bederwood Drive, Requests Front and Side Yard Setback Variances for a Garage Addition as applied. Ressler clarified his position that he is in support of the application as applied for the merits mentioned. He is in support of a “lesser version” of this. He appreciates Staff clarifying they seem to have majority support for everything except the encroachment onto the easement. He feels even if denied that feedback should carry some weight to the City Council. Erickson seconded. VOTE: Ayes: 5, Nays 1 (Bollis). 3. LA22-000028 PETER ESKUCHE WITH ESKUCHE DESIGN, 2605 NORTH SHORE DRIVE, REQUESTS VARIANCES FOR BUILDING, HARDCOVER, AND RETAINING WALLS WITHIN THE 75’ LAKESHORE, SIDE YARD, WETLAND BUFFER, AND LOT AREA IN ORDER TO CONSTRUCT A NEW HOME. (STAFF: LAURA OAKDEN). Peter Eskuche, Applicant, was present. City Planner Oakden gave a presentation on the item, stating this is a project for a new home with a request to demolish the existing home and rebuild. She gave background on the surveys noting the site is unique because Lake Minnetonka is on the south side but is also present on the side, along with a pond and inlet which creates quite a large 75 foot setback. The new house will be a building, hardcover, and retaining walls within the 75 foot setback variance requested, sideyard variance request, lot area variance request, and a wetland setback request. Staff recommends approval of the proposed variances associated with the construction of the new home; Staff does not support the wetland setback variance as it pertains to an entrance monument proposed location. The existing structure is 18 feet from Lake Minnetonka at the closest point on the lake yard and 50 feet on the inlet side/sideyard. The Applicant is proposing a new home further back from the lakeshore at 36.5 feet from the lake and 53 feet from the inlet. The proposal includes the removal of hardcover on the west and south side of the property and to minimize the inlet encroachment the Applicant is proposing to push the house closer to the shared property line on the east. The Applicant has worked to design the home to try to improve current setbacks and maintain some of the same footprint of the existing home. Minnehaha Creek Watershed was contacted and they require a low floor opening of 933.5 which was shared with the Applicant. Oakden stated the property currently has entrance monuments which could be maintained; the new location of the entrance monuments are roughly 5 feet from delineated wetland where 25 feet is required. Staff finds the inlet is a practical difficulty supporting the variance and notes the Applicant is working to improve the site by building within the existing foot print and moving the house away from the existing setbacks, and reducing the overall hardcover. Staff finds the wetland buffer variance to allow for the monuments is a convenience and not necessary for use of the property and does not support that variance. She has included a variance request from 2019 that has since expired. The Applicant submitted two neighboring signatures with acknowledgement and those are also included in the packet. Staff recommends approval for the proposed variances for hardcover, building, retaining wall, and the 75 foot lake yard, 75 foot setback, sideyard setback, and lot area. Staff recommends denial for the proposed setback for the new entrance monuments as practical difficulty standards were not met. Ressler asked if there is a survey identifying the existing monument. Oakden replied the red indicates the existing monument and the blue is the new proposed monuments. From:Henzen, Rachel (DNR) To:Melanie Curtis Subject:RE: LA22-000026 / 165 Bederwood Dr / PC Agenda + Staff Report Date:Wednesday, June 22, 2022 11:18:51 AM Attachments:image004.png image005.png image006.png image007.png Completed Lease.pdf Melanie, Thank you for the call this afternoon. Having only learned about this application today, this is based on a very preliminary review of the situation. A significant number of years ago, it was determined that a driveway and garage were trespassing on DNR property. To resolve the situation, an easement was issued for the driveway and a lease was issued for the garage. Regarding the driveway, I haven’t been able to review the easement yet. I would assume that there is a requirement in the easement that any changes to the driveway need to be approved by the DNR. In addition, the easement only covers providing access to the property and not any structures. We have not received any information from the landowner regarding what these changes might be so we certainly couldn’t approve anything at this point. Regarding the garage, the latest lease I’ve been able to find is very specific under #20. A. Additional Terms “Any personal property located within the Premises caused to be rebuilt or repaired must be relocated outside the Premises and the Luce Line State Trail right of way (ROW).” Therefore once the old garage is removed, nothing new may be built on state property as it would be considered a trespass. Again the landowner had not contacted us until this morning so we’ve been unable to fully review the situation but any new development that would result in structures on our property would not be approved. (On a side note, these lease was not renewed which now means the garage is a trespass and it either needs to be removed or the lease for the current structure started again.) We would request the city not approve this request as it would result in unapproved trespass on our property. I am available for further conversation if there are any questions. Sincerely, Rachel Henzen PAT Area Supervisor | Division of Parks and Trails Minnesota Department of Natural Resources 1200 Warner Road St Paul, MN 55106 Phone: 651-259-5875 Email: rachel.henzen@state.mn.us mndnr.gov This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. From: Melanie Curtis <MCurtis@ci.orono.mn.us> Sent: Tuesday, June 21, 2022 12:10 PM To: Henzen, Rachel (DNR) <Rachel.Henzen@state.mn.us> Subject: LA22-000026 / 165 Bederwood Dr / PC Agenda + Staff Report Rachel Thank you for your time on the phone. Attached is the complete staff report with exhibits. The property owner is requesting a new, small triangular encroachment that would be within the existing garage’s footprint approximately 3 feet into the ROW but within the defined property boundary. It appears also that they intend to expand the driveway width slightly on the property within the ROW to accommodate the new garage. Please share the DNR’s position on both ROW encroachments if you’re able. Thank you, 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: 05/12/2022 Date Application Considered as Complete: 05/28/2022 60-Day Review Period Expires: 07/28/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 June 2022 Subject: #LA22-000026, Al Azad, 165 Bederwood Dr, Variances Public Hearing Background In 2021 the applicant received variances in order to redevelop the property. However, due to high material and labor costs, they have adjusted their plans. The applicant is now requesting approvals in order to construct an attached garage addition on to the existing home. The rear porch addition will meet the required setbacks, the proposed garage addition will require front yard and side yard setback variances. The subject property (represented by the thick black line on survey) extends into/overlaps with a described railroad right-of-way easement (dashed line highlighted yellow on survey) see Exhibit C and the image on the right. The proposed addition, shown in blue, encroaches into this railroad easement area by 3.1 feet, creating a setback of 4.4 feet from the northern property line. Practical Difficulties Analysis Applicant Submittal Information: The applicant has provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds the LR-1A zoning district requirements, lot size, width, and the unique configuration without actual road frontage abutting the Luce Line Trail create some practical difficulties for development. The existing detached garage is constructed right up to the property line within Application Summary: The applicant is requesting front yard and side yard setback variances in order to construct an addition to the existing home. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA22-000026 21 June 2022 Page 2 of 5 the railroad easement; the new garage addition is within this footprint. Typically we do not allow building improvements within easements. LOT ANALYSIS WORKSHEET Section 78-305 – Setbacks: LR-1A District Required Existing Proposed - House Front (East) House 50’ Detached Garage 50’ House 40.1’ Detached Garage 8.3’ House 10.1’ Rear (West) 50’ House 61.8’ No change North Side 10’ * House 14.9’ from the property line; 7.3’ from the ROW** Garage 0’ - 3.1’ into the RR easement 4.4’ from the property line** South Side 10’ * House 45’ Garage 72’ 43.4’ *Exception for side yard setback per 78-305(b)(1) **The property line for the purpose of setback measurement is shown extending 7.5-feet into the property based on the existence of the railroad ROW. See highlighted yellow dashed line on the annotated survey attached as Exhibit C. Section 78-305 – Lot Area/Width: LR-1A District Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 17,054 s.f. (0.39 acre) 87.75’ Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 17,054 s.f. (0.39 acre) Allowed: 3,410 s.f. (20%) Proposed: 2,322 s.f. (13.6%) Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 2 17,054 s.f. 5,116 s.f. (30 %) 2,003 s.f. (11.7%) 2,534 s.f. (14.8%) Applicable Regulations: Front + Rear Setback Variances (Section 78-305) The applicant is requesting variances from the front 50-foot setback and side setback in order to construct a garage addition in line with the exiting home’s interior layout. The side property line abuts the Luce Line ROW which extends into the property 7.5 feet. The existing home is set 7.3 feet from the ROW line, 14.9’ from the property line on The north side yard facing the Luce Line FILE #LA22-000026 21 June 2022 Page 3 of 5 Trail functions as a front for the existing home while the east lot line is the defined “front” for setback determination purposes. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The setback variances area supported by practical difficulties due to the substandard lot conditions and lot of record status. The requested variance for side setback for the garage addition do not appear to be in harmony with the City’s goals for conforming development and is not in harmony with the Ordinance as the addition could be adjusted to meet the 10-foot setback from the easement line. The requested front setback variance may be reasonable considering the location of the existing home. 2. The variance is consistent with the comprehensive plan. Based on the location of the existing home setback variances are needed to construct the attached garage addition to the home which is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The required setbacks for the Property allow for an approximate 3,200 square foot building area; the existing home footprint extends 10 feet outside of the buildable envelope. It is reasonable to connect the garage addition on the east side of the home to utilize the existing driveway easement would require variances. b. There are circumstances unique to the property not created by the landowner; The substandard size of the property, railroad right-of-way encroachment, orientation, and driveway easement access are existing conditions; there is no available land with which to make the Property conforming. The location of the driveway easement and existing home are likely driving the design and need for the setback variances; and c. The variance will not alter the essential character of the locality. The orientation and placement of the home on the property does not appear to negatively impact the local neighborhood character. FILE #LA22-000026 21 June 2022 Page 4 of 5 Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential home is an allowed use in the LR-1A 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. There are special conditions to the land justifying the setback variances in the existing home location, easement access and driveway configuration. This criteria is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The LR-1A setbacks are not specific to the Property yet a number of other small lots exists within this area. The setbacks cause the need for the requested setback variances. This criteria is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the home on the property. The proposed variances to the side and front yard setbacks to orient the garage in a particular way is not a right. This criteria is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The Applicant asserts that the setback variances are necessary. The setback variances provide for a garage orientation and footprint location which make use of the home and driveway orientation. 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 FILE #LA22-000026 21 June 2022 Page 5 of 5 the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variances as requested. The applicant should use care in improving the existing driveway to connect to the new driveway to assure the improved area remains within the easement. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. Property Owners List Exhibit H. Plat Map AGENDA ITEM Prepared By: Reviewed By: JVE Approved By: 1. Purpose. The purpose of this action item is to approve procurement of a replacement vehicle for the Fire Department. 2. Background. The Orono City Council authorized purchase of a replacement vehicle for CMD2 in September of 2021. Automotive supply chain issues has delayed purchase of the vehicle and made purchase thru the normal state contract impossible at this time. LLFD has been able to locate an appropriate vehicle in Maryland. The vehicle exceeds the previous approved amount so a new council approval is required. In addition the LLFD has identified issues with CMD1 and would like the Orono City council to consider replacement of it simultaneously with CMD2 from the same source. 3. Equipment Description. The Command Vehicles are used by the Fire chief and duty officer. 4. Cost. The fire department received one proposal from Criswell Fleet Sales. Item Cost CIP Amount CMD 2 -Chevy Tahoe SUV PPV $ 68,853.59 $60,000 (2021) CMD 1 -Chevy Tahoe SUV PPV $ 68,853.59 $65,000 (2027) TOTAL $137,707.18 5. Funding. Funding for the project will come from a combination of the Equipment Outlay Fund for Fire. CIP Amount Amount proposed Est. 2022 End of Year Fund Balance $ 125,000 $137,707 $ 146,642* *In addition to these proposed procurements there is another proposal for Fire Utility vehicle in the amount of $194,646 being considered by LLFD for purchase in 2022 6. Staff Recommendation. a. Fire Chief. Chief Van Eyll recommends approval of the procurement of the two command vehicles. b. Orono Staff. The Orono City Administrator recommends that any purchases in support of the LLFD be solely funded by the city of Orono and the vehicle therefore become entirely owned by the City of Orono. The vehicle title to be in Orono’s name and that the vehicle is on loan to the LLFD. COUNCIL ACTION REQUESTED Move to approve procurement of Fire Command Vehicles from Criswell Fleet Sales for $137,707.18 with vehicle ownership being solely the City Of Orono. Exhibits A. Long Lake Fire justification documents B. Long Lake Fire Department CIP Item No.: 7 Date: July 25, 2022 Item Description: Fire Department Equipment Procurement – CMD 1 and CMD 2 (22-047) Presenter: Ryan Gonsior Deputy Chief, Long Lake Fire Department Agenda Section: Fire Department Exhibit A. Exhibit B. AGENDA ITEM Prepared By: Reviewed By: Approved By: RJO 1. Purpose. The purpose of this action item is to adopt a City-wide, twelve month, moratorium of the sale, testing, manufacturing, and distribution of THC products within the City. 2. Background. During the 2022 legislative session, the Minnesota Legislature amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible cannabinoid products that contain no more than 0.3 % of Tetrahydrocannabinol, commonly known as THC (“THC Products”). The new law does enact some requirements for labeling and testing, but the law provides no parameters regulating production, compliance checks, or sales of THC Products. The City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, related to the sales, testing, manufacturing, and distribution of THC Products. At the July 20th Police Commission meeting, the Chief of Police made the recommendation that all four cities adopt a moratorium on THC products until the issues surrounding the production and sales of THC products can be studied and appropriate restrictions may be implemented. 3. Staff Recommendation. Staff recommends approval of an interim ordinance prohibiting the sale, testing, manufacturing, and distribution of THC Products. COUNCIL ACTION REQUESTED Motion to approve An Interim Ordinance Prohibiting the Sale, Testing, Manufacturing, and Distribution of THC Products – Ordinance 276, Third Series. Exhibits A. Ordinance Item No.: 8 Date: July 25, 2022 Item Description: THC Moratorium – Ordinance 276, Third Series Presenter: Ron Olson Finance Director Agenda Section: Finance Director Report 222747v1 ORDINANCE NO. 276, THIRD SERIES CITY OF ORONO COUNTY OF HENNEPIN STATE OF MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS The City Council of the City of Orono does ordain: SECTION 1. BACKGROUND. 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible cannabinoid products that contain no more than 0.3 % of Tetrahydrocannabinol, commonly known as THC (“THC Products”). 2. The new law does enact some requirements for labeling and testing, but the law provides no parameters regulating production, compliance checks, or sales of THC Products. The new law does not prohibit local regulation. 3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, related to the sales, testing, manufacturing, and distribution of THC Products. 4. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on THC Products within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study THC Products and uses and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, and distribution of THC Products, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfares of its residents. 2. The study will allow the City Council to determine the appropriate changes, if any, that that it should make to City ordinances. 222747v1 3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the sale, testing, manufacturing, and distribution of THC Products within the City while City staff studies the issue. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute THC Products for twelve (12) months from the effective date of this ordinance. 2. The City shall not issue any license or permit related to THC Products for twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, establishment, organization, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Orono shall be accepted or considered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applications related to THC Products or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Orono shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. 4. This moratorium does not apply to the selling, testing, manufacturing, or distributing of THC Products related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such activity is done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis. SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of THC Products within the City of Orono. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Orono from any potential negative impacts of THC Products. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate or, as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City’s general penalty in City Code § 1-8. SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will automatically expire. 222747v1 SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. Adopted by the City Council of the City of Orono on this 25th day of July, 2022, by a vote of ___ayes and ___nays. __________________________ Dennis Walsh, Mayor ATTEST: _____________________ Anna Carlson, City Clerk Published the week of August ___, 2022 in the Laker/Pioneer newspapers.