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HomeMy WebLinkAbout09-12-2022 Council PacketAgenda Council Meeting Monday, September 12, 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 August 22, 2022 2. Claims/Bills 3. Approval of Rental Licenses 4. Approval of Park Gun Club Annual Permit 5. Approval of New Tobacco License for Orono Tobacco Shop Inc. 6. Approval of Employee Personnel Handbook 7. Approval to Accept Donation – Minnetonka Beach Civic Association – Resolution No. 7287 8. Appointment of Seasonal Employees 9. Authorization to Purchase Park Equipment 10. Pickle Ball and Ice Rink Planning Study (Project 22-059) 11. Approval to Amend Natalie Nye’s Start Date 12. LA22-000039 – Bill & Karan Peters, 1950 Concordia Street Variance – Resolution No. 7282 13. LA22-000040 – Backyard Minnesota o/b/o James & Jennifer Schugel, 1971 Fagerness Point Road, Variance – Resolution No. 7283 14. LA22-000032 – Petit Design- Barry Petit, 3349 Crystal Bay Rd, Variance – Resolution No. 7285 15. LA22-000049 – Approval to hold a public hearing regarding a zoning amendment at 365 Old Crystal Bay Road 15a. Approval to Accept Donation – Resolution No. 7288 Community Development Report 16. LA22-000041 – Eskuche Design o/b/o Chris Heim, 3005 Casco Point Road, Variance 17. LA22-000037 – 612 Signs o/b/o EOF Investments LLC, 1444 Shoreline Drive, Variance 18. LA22-000038 – Dennis Walsh, 1354 Rest Point Circle, Variance – Resolution No. 7280 Finance Report City Attorney Report City Administrator/Engineer Report 19. Fox Street Preliminary Planning and Engineering Presentation 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 Agenda Council Meeting Monday, September 12, 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 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. Mayor/Council Report Closed Session 20. The meeting will be closed as permitted by section 13D.03 to discuss the City’s labor negotiation strategy related to the City’s negotiations with LELS Local 168, Police Sergeants, LELS Local No. 40, Patrol Officers, IUOE Local No. 49 AFL-CIO, and OPEIU Local No. 12 AFL-CIO. Adjournment Upcoming Events 2022 09-26-2022 City Council Work Session, Monday, 5:00 p.m. 09-26-2022 City Council Meeting, Monday, 6:00 p.m. 10-03-2022 Park Commission Work Session, Monday, 6:00 p.m. 10-10-2022 City Council Work Session, Monday, 5:00 p.m. 10-10-2022 City Council Meeting, Monday, 6:00 p.m. 10-17-2022 Planning Commission Meeting, Monday, 6:00 p.m. (Victoria Seals) 10-24-2022 City Council Work Session, Monday, 5:00 p.m. 10-24-2022 City Council Meeting, Monday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 9 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Aaron Printup, Richard Crosby III, and Victoria Seals. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Public Works Superintendent David Goman, Finance Director Ron Olson, and Community Development Director Laura Oakden. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF AUGUST 8, 2022 2. CLAIMS/BILLS 3. APPROVAL OF RENTAL LICENSE 4. AUTHORIZATION TO ACCEPT RESIGNATION – MIKE WOCKEN 5. APPROVAL TO ACCEPT DONATION – NATIONAL NIGHT OUT 6. APPROVAL TO APPOINT POLICE SERGEANT COLIN HENNESSY 7. APPROVAL TO APPOINT COMMUNITY SERVICE OFFICER JULIA KNAPEK 8. APPROVAL OF INSTALLATION OF CONCRETE CURBING AND THE REPLACEMENT OF A ROAD CULVERT (22-027) Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. Crosby noted the donation to the Police Department by Pelican Point in Mound was very generous and the City and Police Department really appreciate it. It is terrific recognition of what a great job the department does and of community involvement. He thanked them. CITY ADMINISTRATOR/ENGINEER REPORT 9. Fire Department Equipment Procurement – CMD 2 (22-047) City Administrator/Engineer Edwards stated the City of Orono has been going back-and-forth with the City of Long Lake on procurement of two command vehicles for the Long Lake Fire Department. The City Council of Orono voted to approve the procurement of both trucks subject to them both being owned and titled to Orono. The City of Long Lake directed their Attorney to send a letter which is included in the packet and ask that one truck is 100% Orono’s and the other truck would be purchased in accordance with the 2002 Fire Contract which is a joint ownership model where the City of Orono would end up with about 85% and the remainder would be split between Long Lake and Medina. Edwards is looking for direction from the City Council. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 9 Johnson asked to expand on the question about whether the City Council has approved it or not. Edwards noted one concern he has is in regard to the letter from Long Lake which seems to insinuate that the City of Orono has already approved the purchase of the truck under the 2002 fire contract. He cannot find any record of the City having done so; he noted they did approve their own Capital Improvement Plan (CIP) but that is only a guiding document and does not authorize the purchase of anything. Edwards noted they have had Chief Van Eyll out to ask about the two command vehicles and in the Council action memo they said it would be 100% owned by Orono. In Edwards’ opinion the City of Orono has not given the approval the City of Long Lake thinks they have. This is the reason Edwards would like to give Long Lake clarification on the item. Johnson clarified the City Council approved 100% of one vehicle the previous year (2021) that was cancelled. Edwards replied that was for 100% City of Orono ownership. Mayor Walsh noted in the last few Council meetings they approved the purchase of two vehicles at 100% Orono ownership. He does not know why there would be any reason to go back and do it a different way. Johnson spoke about conversations with the negotiation team consisting of Long Lake Mayor Miner and Councilmember Jahn Dyvik, and noted the Mayor stated if the deal with Orono falls apart, under the terms of the contract Long Lake has first right of refusal to buy anything in the contract. Johnson noted 90 days prior to the expiration of the contract is when Long Lake must make their decision and he stated procuring vehicles takes between 18-24 months for some fire vehicles. As he understands it, there are six vehicles available but only two with chips, therefore there is a shortage of vehicles. He shared Long Lake’s position that if Orono purchases one on their own that is fine and if they cannot come together on an agreement, Long Lake has a vehicle and Orono has a vehicle. Johnson is in favor of doing one of each and thinks it is an important component to Long Lake that Orono follows the contract they are currently in. Johnson noted Orono has not received legal advice on it yet but noted this was the surface-level conversation. Seals agrees and noted these two vehicles are not big purchases and Orono needs to be very thoughtful when they look at engines as that is a longer timeline and bigger cost. This is a good middle-ground and stated the two cities are seeing things from very different sides which is why the situation is challenging. She said doing one under the contract and one out of the contract protects both sides and she would be in support of that, also. Johnson moved, Seals seconded, to approve the purchase of Command Vehicle #2 in accordance with the 2002 Fire Contract. VOTE: Ayes 5, Nays 0. Johnson shared in July, he and Councilmember Seals began meeting with Mayor Miner and Councilmember Dyvik with the goal to better understand both cities’ positions. He noted the City of Orono and this City Council has tremendous respect for the +100-year relationship of the Fire Department. The fundamental question going into the meetings is: how does a City that pays 85% of the expenses create a contract with another city that represents 10%, yet not isolate that city? He noted it is a hard task because the cities are not evenly-sized. Johnson stated there is some clear mistrust on the part of both cities in entering in to these negotiations, yet they went into this trying to find a way to preserve the MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 9 most important asset which are the Fire Fighters themselves because they are stuck in the middle. Johnson said if there is a way to shelter the Fire Fighters from this by being more cooperative and Orono perhaps giving more than they want to there might be a way to defer some of this stress away from the Fire Fighters as they are the most important piece. He shared they also spoke with neighboring Chiefs, Police Departments, Fire Fighters, and Councilmembers from other communities to find what options are available to the City. Seals shared regarding the mistrust between the two cities, it goes years beyond this City Council and there is still a lot of talk such as, “are you trying to take Long Lake over?” She stated that is something they have tried to overcome in the meetings. In the packet are some of the keys points discussed with Mayor Miner and Councilmember Dyvik and it is hard to know how both City Councils will feel about it as they both first saw these on Friday. She noted the first and most important bucket is keeping the Chief and Fire Fighters together and there is not an issue in keeping the name of the department Long Lake as there is a long history there. Regarding buildings, Station 1 is owned 50% by each City and currently maintenance and improvements are paid out of the operating budget and each City pays a percentage based on the service they receive. After discussions and because it is an asset that could be sold it seemed fair that each should pay based on ownership. It is also the same for Station 2 which is owned 100% by the City of Orono. Seals shared about a Fire Board which would replace the current Advisory Board with different tenets such as cities who have ownership or are contracted on the Board with a weighted vote based on ownership percentage and the Chief reporting to this Board. This group would be responsible for creating a budget and presenting it to the cities for approval, they would conduct reviews of the Chief, and also be responsible for conversations regarding adding other cities. Administration currently resides with Long Lake and they discussed the benefits of shifting this to Orono due to the larger Staff size including finance and payroll, a City mechanic, Administrative Assistant, and Human Resources. Seals noted the group reached agreement on this topic quite early. Seals spoke about the equipment and the weighted percentage of ownership currently in practice; after much discussion Long Lake felt the most comfortable in keeping it the same and that donated equipment must be approved beyond the Relief Board and the cities need to approve. If the cities’ decided to part ways they would disburse equipment in a different way. If both cities could mutually agree that is great but if not, all equipment would go to auction; both cities agreed that the ownership of equipment needs to be determined 2 years prior to the end of the partnership. Seals clarified cost of service which would be based on the League of Minnesota Cities model and the equation would not change without approval from all cities involved. At any point, if any City would like to end the contract, they must give three years notice to separate and two years to determine the equipment. Seals believes both sides tried to flex where they could and find middle ground and she wants to bring the subject back to the City Council because of the time crunch and planning that must occur. Johnson noted the “League Model” is one-third population, one-third call hour, and one-third taxable property value. He spoke about fast-depreciating fire equipment and noted it is a concept to see whether the cities can push forward or need to look at alternatives. Both cities will have these conversations with their City Councils to see how aligned they are. The City Council discussed how the Minnetonka Beach contract is designed and formulated. Mayor Walsh thinks both cities can agree on bullet points 1, 2, and 3. When it comes to the Fire Board he looks at it like the Police Department which includes the advisory committee, City Administrators, representatives from each City, and Mayors who look at the budget together but do not vote on the budget. Rather they have a contract that determines how the budget is put together. He suggested going MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 9 back to that model to avoid stalemate positions. He noted the Fire Board could make recommendations, interview, do reviews of the Chief, but in the end any employees of Orono can only be hired or fired by the City and City Council of Orono as that is their Charter and responsibility. Regarding ownership of the equipment, he thinks it would be much cleaner to say Orono will purchase it as they are already sharing the ownership of the station and keeping those separate. He noted the donated equipment should be under the Fire Relief Association’s control. Mayor Walsh assumes they would want at least a 20-year contract and has no problem with the League model but wants to be sure if someone terminates the contract they must have appraisals from Orono and Long Lake and average that which would be the cost that Orono would purchase the building. Crosby noted the Relief Fund should be held and managed by the Relief Association rather than the Fire Board and the cities would carry the liability. Printup thanked Seals and Johnson as well as Long Lake for participating in the discussions. He would love to see a 20-year contract under the name “Long Lake Fire.” The Fire Board requires more clarity for Printup and he likes the idea of representatives from each City. He agrees on budget, reviews for a Chief, and that current Fire Fighters become employees and spoke about donated equipment, transferring to a Relief Association, and liability. Printup noted the League model is pretty crystal clear and that it should not be based solely on value of property as that is people leaning on the “cash cow that is Orono” which is not right. The City Council discussed start date, transference of the Relief Association, and ownership and protection regarding both cities. Johnson believes he and Seals can bring the summary of tonight’s discussion to the City of Long Lake with the suggested changes. FINANCE DIRECTOR REPORT 10. Second Quarter Financial Report Finance Director Olson gave a presentation noting this is an unadjusted report. He spoke about revenues including taxes, licenses and permits, charges for services, and the golf course. Regarding expenditures he spoke about Mayor/City Council membership and finance department staffing. Mr. Olson also spoke about operating revenue and expenses including storm water, sewer, water, and recycling and shared about new investments and interest rates. PUBLIC WORKS REPORT 11. City Signs Discussion Edwards noted Councilmember Crosby requested this item be put on the agenda. Crosby has noticed City signs in disrepair and that some of them are rotted. He would like to get a schedule for post replacement, painting, and cleaning up of signs, and perhaps some copper caps to prevent rot. He suggested working on some of the worst signs first and working through the list to clean them all up. Edwards clarified Crosby is speaking about informative signs rather than street signs. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 9 Crosby agreed it is the signs which declare “Welcome to the City of Orono” and other signs such as beach and park signs. Edwards stated the Park Commission noted this about 1.5 years ago and have been working a replacement schedule into the Parks Operating Budget to work on two signs per year. He said a few signs are in the building and are awaiting installation, which are made of recycled lumber material so they do not degrade. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. PUBLIC COMMENTS Mayor Walsh asked to give an update before Public Comment time and stated a few months ago (in his opinion) Brad Erickson came to the podium and threatened him and said if the Mayor did not resign in 30 days he would not be here the next day. Mayor Walsh noted Mr. Erickson also went to a Planning Commissioner’s house and told that person he was carrying a gun that day and that we should be warned. That person filed a police report as the Commissioner took that as a threat. Mayor Walsh also had a neighbor note Brad Erickson was driving through his neighborhood and stopped to ask the neighbor whether they know the Mayor. Mr. Erickson became agitated when the neighbor stated he was friends with the Mayor and Mr. Erickson then yelled at the Mayor’s house “I am coming to get you on Monday.” Since that time, Mayor Walsh has had a multitude of dark, threatening emails and read some excerpts: • “I look forward to wiping that stupid look off your face.” • “p.s. I hope you figure out who I am soon, this is about to take a real nasty turn, the kind you do not recover from. Remember I warned you I cannot hit you physically but I am going to make you wish you were dead.” • “Have you ever suffered in silence, Mr. Walsh? I know people who have intimately. They are still among us and want vengeance and will not stop until their thirst for your life as you know it is quenched.” Mayor Walsh stated Mr. Erickson also met with a mutual acquaintance recently and told them that when he was finished with the Mayor there would only be a blood line behind his truck. Mr. Erickson also sent texts to that acquaintance about Mayor Walsh which, in his opinion, were threatening him with sexual violence. Mayor Walsh has sent these texts to the City Attorney and he noted they are too graphic to read but those interested can reach out to the City Attorney. Mayor Walsh worries about his safety, his family’s safety, the City Council’s safety, Staff’s safety, and he asked what kind of person says these things? Mayor Walsh opened the public comment time. Crosby asked the public to please be respectful to the City Council and the community at large and in this gallery. Brad Erickson, 2485 Independence Road, Independence, said wow, yeah, smooth move. Before he gets started he would like to thank Mr. Printup and Mr. Crosby as he appreciates them meeting with him. Together they saw the video the Mayor sent Mr. Erickson in 2020 and he knows everyone on the City MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 9 Council has a tough job in running the City. He, too, had a tough job in 2020. He noted Mr. Edwards, Mr. Printup, and Mr. Crosby have all seen the video, they know who Mr. Erickson is, who his father is, and who his grandparents are. When one sends something like this to someone like Mr. Erickson it is very much like Gabriel Jabbour said at the previous meeting: it is like throwing gasoline on the living room floor of a burning home. He said without further ado, they should play the video to clean up some misconceptions that have been happening as Mr. Erickson has been getting a lot of bad press and he does not like it. He pulled up his phone and played audio which said: “Do you know what is coming next? It’s just a vaccine. Come on, it’s for the greater good. Wait until you’re told that you can’t enter any store… [inaudible]…wait until you can’t go to public events or get on a plane without proof of receiving the vaccine. Well you already allowed the government to say when you can go outside, where you’re allowed to go [inaudible]…and accepting a new digital education for your kids in the last 100 days. You follow blindly because you were told to do so. You’re kidding yourself [inaudible]….with the vaccine or whatever the next step is. I don’t follow politics, I don’t hear about that stuff, I don’t think about it. Six million Jewish people were exterminated in Germany because 97% of the population [inaudible].” Mayor Walsh noted the three minute time limit is up and asked Mr. Erickson to sit down. He noted the podium microphone is off. [Mr. Erickson continued speaking into the microphone while it was turned off.] Mr. Erickson stated they will be voting on this message, this miserable man, it is coming. It is coming, know that. He asked, “Why don’t you file a suit against me, Mr. Walsh? Why don’t you file a suit against me?” Mr. Erickson said to sue him, see what happens, do it. Barbara Peterson, 1261 Arbor Street, would like to thank Councilmembers Johnson and Seals for all the work they have done on the Fire Department. She was involved in the contract they are dealing with in 2002 and the construction of Station 2. Having gone through it, she knows it is difficult and wants to thank them as she and Mr. Jabbour put many hours into the contract many years ago and she is hopeful they will come to a fair and equitable resolution to continue the contract. She said thank you and she appreciates it. Barbara Schmidt, 50 Landmark Drive, has a few rhetorical questions. The citizens of Orono want to know what is ethical and what is not? Is it ethical for a sitting Planning Commissioner to sell himself land from which he governs? Is it ethical for City officials to change land use behind the scenes and then try to grandfather in new private interests? Is it ethical to call citizens fools, clowns, “Karen’s”, crazies, and insinuate they are child-abusers? Is it ethical for City officials to disappear during contentious voting or discussion? Is it ethical for a few City officials to make drastic changes that affect the taxpayers without the citizens’ vote? Is it ethical to ask taxpayers to pay for administration for the above issues when it is not their desire to take the City in this direction? These are the questions we need to ask our City officials, whether elected or appointed. She stated the citizens of Orono ask the City Council to rescind the sale of 345 West Lake Street, Stubbs Bay public access, and Resolution #7195 allowing mountain biking in Bederwood Park. These are deals that the citizens of Orono did not agree to, nor did they have the opportunity to vote on in a fair public hearing. Ms. Schmidt said they also ask that Mr. Bob Erickson offer his resignation from the Planning Commission effective immediately. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 9 Gary Gutzke, 705 County Road 19, works in three cities nearby including Minnetrista, Orono, and Independence. They are good cities to work in and all do a good job, and he takes breaks out here in the Orono parks, dog park, and he noted the City does a really good job at maintaining and taking care of their parks, streets, and roads. He noted one street that is not good is North Arm Drive in Minnetrista and he does not know why they don’t fix it. Orono does a good job, they take care of their streets, permits and taxes are in line, it is easy to work in, and easy to get permits and deal with. Mr. Gutzke stated they have done a good job at parks, the grass is mowed, the trees are trimmed, everything looks good, and he is proud of the City Council and what they are doing. Jay Nygard, 1386 Rest Point Road, thanked the Councilmembers for dressing up tonight because he has not seen this in a long time, especially from Walsh who went toodling out without his shoes the other day. It is quite comical that they feel the need to dress up. He noted Mr. Walsh brought up protecting Orono’s interest and its citizens as well as the Charter within the City. Mr. Nygard said the Charter in the City is to follow State Statutes and to have a Comprehensive Plan and follow that. Unfortunately that is not what is going on at all. This City is being run like the wild, wild west of ordinances because the City Council does not care about ordinances anymore. They have people biking where it is illegal, they are trying to give away parks, and while Mr. Walsh and others allowed Mr. Erickson to purchase a property at West Lake Street they violated State Statute on a number of reasons and it does not seem like anyone up here cares. Other residents are held to Statute and the City Council holds other people to little things when it comes to variances, but State Statute is what they follow. He asked “isn’t that part of the Charter, Mr. Walsh?” Mr. Nygard said there is a Statute that requires all cities with a Comprehensive Plan to put any sale of public property or purchase through the Comprehensive Plan to see if it agrees and they did not do that for the fire lane on West Lake Street. He stated “you all violated State Statute and the law and so did Mr. Erickson by pushing this.” Mr. Nygard continued saying this is all according to the League of Minnesota Cities which he heard from Mr. Printup earlier was an important thing. He asked if they follow League of Cities all the time or just on some things? He read from the League of Minnesota Cities: a City is specifically prohibited from selling land to one of its officials. Mr. Nygard noted Bob Erickson, as a member of the Planning Commission, is an official and they violated the law. Mr. Nygard also read that Statutory cities have the power to sell land or buildings they no longer need to anyone other than public officials and employees. Mr. Nygard asked, “What the hell is going on with you guys? Fire lanes are precious in this community and you’re giving them away. You’re selling them to other people. You are all violating State Statute.” He stated from someone who has been persecuted and criminally prosecuted by the City four times without a conviction and criminally persecuted for going green, they all need to learn to follow the law themselves. Mr. Nygard said, “Turbine Guy, signing off.” Kendall Nygard stated “Mrs. Turbine Guy,” 1385 Rest Point Road/5658 Judith Road, Bokeelia, FL, stated to Dennis Walsh: she has a $1,200 check just like Bob Erickson and his wife gave two times for his 2024 reelection campaign. She is sure he will not take it but it is here. She noted she has a $100,000 donation check to the City of Orono (turning toward the community in the chambers) and apparently there are fire lanes available for them. She said a $100,000 donation and one gets a fire lane. Ms. Nygard has one she really likes at the end of Rest Point Road and thinks her 28-foot Criss Craft Constellation would be parked there and have a beautiful view of West Arm Bay and Jennings Bay. Ms. Nygard stated, “if they are only $100,000, my gosh what a bargain. Lake Minnetonka lakeshore for $100,000? Please!” She said MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 9 here you go Dennis, $1,200, and she asked if she should give Finance Director Ron Olson the $100,000. She asked Mr. Olson if he remembers three months ago when she came and gave him a $1,600 check to remove a lien from her property? Crosby asked Ms. Nygard to please address the Council. Ms. Nygard stated Mr. Olson could not find her $1,600 check and could not remove the lien and she got a $1,600 check back because she had already paid it. She noted the lien was removed and thanked Mr. Olson. Mr. Nygard said that is what is going on in the City of Orono: one hangs out with the weasel, makes a donation to his campaign, gives a donation for $100,000, and said to Councilmember Seals, Ms. Nygard is sure she has an access point she’d like to share with the rest of the community that has somehow made its way to her. Ms. Nygard noted that is transparency, it is the best form of figuring out what the heck is going on in this City. She said if fire lanes are available for $100,000 donation and a $1,200 donation to the Mayor’s reelection campaign, Ms. Nygard is all in but everyone will have to get in line behind her as there are only so many fire lanes in Orono. Ms. Nygard asked if all the beaten-up signs around Orono are in Mr. Crosby’s garage because she believes there are a lot of election signs that somehow make their way out of the City and make it somehow to him. She stated they may want to check that out from the last election campaign. Finally, Ms. Nygard stated there is a reason the City Council does not like them being up at the podium. They can call them whatever they want (crazy, clowns, fools, whatever) and stated they are not, they are all intelligent people asking for fairness, transparency, honesty, and integrity. Tiffany Ferrer, 980 Heritage Lane, has lived in Medina, Plymouth, and Orono and has been attending these meetings. Quite frankly she is sort of ashamed by some of the behavior here. She thinks it is great, first amendment rights, everyone gets to come in and say what they would like. However she thinks personal attacks, disrupting the meeting, trying to get business done here is ridiculous. She would like to commend the City Council as she has seen other Councils and been on other Boards and she noted these Councilmembers work really hard and put the work and effort in. She thinks it is great that they want to make signs in Orono look better and it is awesome that Councilmembers Seals and Johnson are working with Long Lake to get the fire department together for both cities. These are the things that are important to Orono citizens, not personal attacks, not going after each other. Ms. Ferrer thanked the Council for their time, energy, and effort because she believes they are all doing a great job. Gabriel Jabbour, 985 Tonkawa Road, is not here to argue on issues. As they recall at the first meeting it was upsetting for Mr. Jabbour to see the Orono Council not participating in major decisions such as the fire department. Today is a perfect example of how it would go if everyone brings something to the table and that is why they have a five-member Council and why they are all voted at large. Today has been one of the better meetings, except for the fact that the commotion is unacceptable. Mr. Jabbour thinks it diminishes Orono’s standing in the greater community and deludes who they are as human beings to pit neighbors against neighbors. Mr. Jabbour is part of the commotion and said sometimes they have to tear down to zero to build otherwise they are building on bad foundation. He has lived in Orono for 50 years and was mentored by many people who worked their tail off to make the City what it is. Mr. Jabbour stated this City Council is the beneficiary of their hard work, and he noted they purchased hardly any parks as they were donated. Mr. Jabbour owns several businesses and one has to do with advertising and MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 9 products. Brand value is the most important thing to every company in the world, people ran to Orono to live here and give land in trust. MAYOR/COUNCIL REPORT Johnson said he and Seals will meet with the City of Long Lake to answer any questions they have. Crosby apologized for being out at the last meeting as he came back from vacation and was sick with Covid. He appreciates everyone in the community and their input and wishes things at the meetings could be handled in a more respectful manner. Crosby has served as a fire fighter for 10 years and has been on the City Council for six years and said the work this Council has done in Orono has been outstanding in improving parks, road, budgeted, and they have done their best to support the police and keep citizens safe. They also respond to citizens, whether through a phone call or email, Crosby will call them to have a conversation and is willing to listen. He does not think there is a lot of room for name-calling, threats, or anything else. As adults in a community they can handle themselves in a more respectful manner and if people are not happy that the approach on parks is so that people will use them, all Crosby can say is he is sorry. They would like to see an active community at the golf course and parks to be active which are all positive things. Orono is a shining City which is why everyone wants to move into the City. Printup thanked Seals and Johnson for the many hours they took to meet with Long Lake and noted it is much appreciated. Mayor Walsh wished his daughters happy birthday and noted his youngest daughter and her friends make dog treats, packages them, and goes to the Mound Market Place. He stated they have great communities around them in Mound, and noted Corn Days in Long Lake which was fabulous. Mayor Walsh said they have a three week break and will see everyone at the next meeting. ADJOURNMENT Crosby moved, Printup seconded, to adjourn the meeting at 8:29 p.m. VOTE: Ayes 5, 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 119437 to 119119601 and ACH transaction 20130283 to 20130289 totaling $432,721.10. 3. Noteworthy Payments. Vendor Amount Description of Payment #119466 Criswell Chevrolet $48,939.59 Fire Command Vehicle as approved by the Council in August. #119570 Modern Power Solutions $18,185.00 Generator Replacement LS #4. #119588 Teal Drones Inc $14,764.00 UAV and control for an updated public safety drone. Reimbursed by Hennepin County LETP Grant 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: September 12, 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: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ADVANCED FIRST AID INC 08/30/2022 118901 0622-362 101-42110-221 MED SUPPLIES Police Department 853.00- Total 118901:853.00- BROWN, JAMES 08/30/2022 119283 2022.08 BRO 101-22205 ESCROW REFUND - RAS22-34 1595 MAPLE PL 1,000.00- Total 119283:1,000.00- CLAPP, LAURA 08/23/2022 119440 8092022 101-41410-104 2022 PRIMARY ELECTION Elections 121.00 Total 119440:121.00 GREAT LAKES COCA-COLA 08/23/2022 119441 3609218125 101-45210-092 POP Golf Course 767.76 Total 119441:767.76 REMODELING ADVISIORS 08/23/2022 119442 2022.08 RE 101-22205 ESCROW REFUND - RAS21-23 2635 COUNTRYS 1,000.00 Total 119442:1,000.00 CAPITOL BEVERAGE SALES L.P 08/24/2022 119443 2714983 101-45210-092 SOFT DRINK FOR RESALE Golf Course 164.94 Total 119443:164.94 REGENTS OF THE UNIV OF MIN 08/24/2022 119444 2022.08 EGA 101-42400-437 EGAN BOOKS FOR TRAINING Building & Zoning 182.00 Total 119444:182.00 AHERN, TOM 08/25/2022 119445 2022.08 AHE 101-22205 ESCROW REFUND - LA19-100 1345 REST POIN 700.00 Total 119445:700.00 AZAD, AL 08/25/2022 119446 2022.08 AZA 101-22205 ESCROW REFUND - LA22-26 165 BERERWOOD 700.00 Total 119446:700.00 BOYER BUILDING CORP 08/25/2022 119447 2022.08 BOY 101-22205 ESCROW REFUND - RPS21-15 3145 NORTH SH 1,000.00 Total 119447:1,000.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CENTURY LINK 08/25/2022 119448 2022.08 CEN 101-22205 ESCROW REFUND - ROW21-16 1929 FAGERNE 1,500.00 Total 119448:1,500.00 CONCEPT LANDSCAPING 08/25/2022 119449 2022.08 CO 101-22205 ESCROW REFUND - LA22-34 1350 REST POINT 700.00 Total 119449:700.00 CUBE INC 08/25/2022 119450 2022.08 CUB 101-22205 ESCROW REFUND - D21-17 3477 LIVINGSTON 1,000.00 CUBE INC 08/25/2022 119450 2022.08 CUB 101-22205 ESCROW REFUND - RPS21-121 3477 LIVINGST 1,000.00 Total 119450:2,000.00 CUMMINGS, DANIEL 08/25/2022 119451 2022.08 CU 101-22205 ESCROW REFUND - 2017-00666 865 WINDJAM 2,000.00 Total 119451:2,000.00 DEBAKER, TERRIE 08/25/2022 119452 2022.08 DEB 101-22205 ESCROW REFUND - LA21-70 3447 CRYSTAL BA 700.00 Total 119452:700.00 FELLESON, JOSH 08/25/2022 119453 2022.08 FEL 101-22205 ESCROW REFUND - RAS22-19 490 SANDHILL D 1,000.00 Total 119453:1,000.00 GS MEICHELS CONSTRUCTION 08/25/2022 119454 2022.08 GS 101-22205 ESCROW REFUND - RPS20-71 1750 CONCORDI 1,000.00 Total 119454:1,000.00 JOHNSON, MATT 08/25/2022 119455 2022.08 JOH 101-22205 ESCROW REFUND - RAS21-55 865 WINDJAMME 1,000.00 Total 119455:1,000.00 LAPOINTE UTILITIES INC 08/25/2022 119456 2022.08 LAP 101-22205 ESCROW REFUND - ROW22-31 CASCO PT RD - 1,500.00 Total 119456:1,500.00 LECY BROS HOME & REMODEL 08/25/2022 119457 2022.08 LEC 101-22205 ESCROW REFUND - RPS21-170 1825 CONCOR 1,000.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119457:1,000.00 MASTEC 08/25/2022 119458 2022.08 MAS 101-22205 ESCROW REFUND - ROW20-35 65 WILLOW DR 1,500.00 Total 119458:1,500.00 PA WOODWORKING LLC 08/25/2022 119459 2022.08 PA 101-22205 ESCROW REFUND - D21-16 2305 BAYVIEW PLA 1,000.00 Total 119459:1,000.00 PETERSON, JOHN 08/25/2022 119460 2022.08 PET 101-22205 ESCROW REFUND - LA22-29 2880 FOX ST 700.00 Total 119460:700.00 POLSKI, ANDREW 08/25/2022 119461 2022.08 POL 101-22205 ESCROW REFUND - RPS20-31 1060 NORTH SH 1,000.00 Total 119461:1,000.00 SHARRATT DESIGN & CO 08/25/2022 119462 2022.08 SHA 101-22205 ESCROW REFUND - LA22-24 3350 FOX 700.00 Total 119462:700.00 STONEWOOD 08/25/2022 119463 2022.08 STO 101-22205 ESCROW REFUND - RAS22-40 990 HERITAGE L 1,000.00 Total 119463:1,000.00 SWENSON, ERKI & HEIDI 08/25/2022 119464 2022.08 SW 101-22205 ESCROW REFUND - RPS19-139 1105 TONKAWA 10,000.00 Total 119464:10,000.00 THREE RIVERS PARK DISTRICT 08/25/2022 119465 2022.08 THR 101-22205 ESCROW REFUND - CAS22-01 2865 NORTH SHO 1,000.00 Total 119465:1,000.00 CRISWELL CHEVROLET INC 08/29/2022 119466 #ORONOIN0 405-48500-550 FIRE COMMAND VEHICLE 48,939.59 Total 119466:48,939.59 Newegg Business Inc 08/29/2022 119467 1303913112 710-49970-221 COMPUTOR - PW SHOPS 521.99 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Newegg Business Inc 08/29/2022 119467 1303937358 710-49970-221 MONITORS - PLANNING 805.96 Newegg Business Inc 08/29/2022 119467 1304027826 710-49970-221 LAPTOP RETURN 1,099.00- Newegg Business Inc 08/29/2022 119467 1304029319 710-49970-221 LAPTOP - AH 1,099.00 Total 119467:1,327.95 ADVANCED FIRST AID INC 08/30/2022 119468 0622-362 101-42110-221 MED SUPPLIES Police Department 853.00 Total 119468:853.00 SZCZEPANIK, ALLISON 08/30/2022 119469 2022.08 101-42110-319 COMPLIANCE CHECKS Police Department 20.00 Total 119469:20.00 BROWN, JAY 08/30/2022 119470 2022.08 BRO 101-22205 ESCROW REFUND - RAS22-34 1595 MAPLE PL 1,000.00 Total 119470:1,000.00 UNITED STATES POSTAL SERVI 08/30/2022 119471 2022.08 UB 602-49450-322 8/22 UTILITY BILLS Sewer 340.29 UNITED STATES POSTAL SERVI 08/30/2022 119471 2022.08 UB 651-49910-322 8/22 UTILITY BILLS Storm Water 340.29 UNITED STATES POSTAL SERVI 08/30/2022 119471 2022.08 UB 601-49400-322 8/22 UTILITY BILLS Water 340.29 Total 119471:1,020.87 ALIGN BUILDERS AND REMOD 08/31/2022 119472 2022.08 ALI 101-22205 ESCROW REFUND - RAS20-87 2660 PHEASANT 1,000.00 Total 119472:1,000.00 ALLSTREAM 08/31/2022 119473 18719093 101-42110-321 PHONE SERVICE 08/23/22-09/22/22 Police Department 302.29 ALLSTREAM 08/31/2022 119473 18719093 101-41900-321 PHONE SERVICE 08/23/22-09/22/22 Central Services 423.20 ALLSTREAM 08/31/2022 119473 18719093 601-49400-321 PHONE SERVICE 08/23/22-09/22/22 Water 70.53 ALLSTREAM 08/31/2022 119473 18719093 602-49450-321 PHONE SERVICE 08/23/22-09/22/22 Sewer 161.22 ALLSTREAM 08/31/2022 119473 18719093 101-45210-321 PHONE SERVICE 08/23/22-09/22/22 Golf Course 50.39 Total 119473:1,007.63 BOLTON & MENK INC.08/31/2022 119474 0294521 101-43050-319 GIS FOR SPRING PARK Public Works - Spring Park 4,350.00 Total 119474:4,350.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BURNS EXCAVATING INC 08/31/2022 119475 2022.08 BUR 101-22205 ESCROW REFUND - SE21-22 30 LUCE LINE RID 1,000.00 BURNS EXCAVATING INC 08/31/2022 119475 2022.08 BUR 101-22205 ESCROW REFUND - SE21-22 30 LUCE LINE RID 1,000.00- Total 119475:.00 CENTRAL PENSION FUND SOU 08/31/2022 119476 CENTRALPE 101-21705 LOCAL UNION #49 7/11/22-7/24/22 800.00 CENTRAL PENSION FUND SOU 08/31/2022 119476 CFP082522 101-21705 LOCAL UNION #49 8/08/22-8/21/22 800.00 Total 119476:1,600.00 Century Link 08/31/2022 119477 2022.08 GC 101-45210-321 GC PHONE/INTERNET 08/19/22-09/18/22 Golf Course 233.83 Total 119477:233.83 CREEKVIEW FARMS 08/31/2022 119478 2022.08 CRE 101-22205 ESCROW REFUND - LA22-26 165 BEDERWOOD 700.00 CREEKVIEW FARMS 08/31/2022 119478 2022.08 CRE 101-22205 ESCROW REFUND - LA22-26 165 BEDERWOOD 700.00- Total 119478:.00 CUMMINGS, DANIEL 08/31/2022 119479 2022.08 CU 101-22205 ESCROW REFUND - 2016-01449 865 WINDJAMM 700.00 Total 119479:700.00 DELTA DENTAL 08/31/2022 119480 DELTA08252 101-21709 DENTAL SEPT 2022 3,224.53 DELTA DENTAL 08/31/2022 119480 DELTA08252 101-15998 DENTAL SEPT 2022 - COBRA 100.27 Total 119480:3,324.80 EVENSON, JANINE 08/31/2022 119481 2022.08 EVE 999-10015 UB REFUND - 673 SANDSTONE CIR 828.99 Total 119481:828.99 FITZSIMMONS, KATIE 08/31/2022 119482 2022.08 101-41300-489 TEAM BUILDING EVENT Administration 45.00 Total 119482:45.00 HENTGES, ANNE 08/31/2022 119483 2022.08 101-41300-489 TEAM BUILDING EVENT Administration 40.10 Total 119483:40.10 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount International Union Local #49 08/31/2022 119484 LOCAL49082 101-21707 LOCAL 49 DUES - 08/2022 350.00 Total 119484:350.00 LAW ENFORCEMENT LABOR S 08/31/2022 119485 LELS082522 101-21707 LELS DUES - LOCAL 40 08/2022 1,431.48 LAW ENFORCEMENT LABOR S 08/31/2022 119485 LELS082522 101-21707 LELS DUES - LOCAL 168 08/2022 260.00 Total 119485:1,691.48 MELBERG, STEVE & CAROLINE 08/31/2022 119486 2022.08 MEL 101-22205 ESCROW REFUND - RPS22-96 1290 LYMAN AVE 1,000.00 Total 119486:1,000.00 MN LAW ENFORCEMENT EXPL 08/31/2022 119487 5123 101-42110-229 EXPLORERS Police Department 1,660.00 Total 119487:1,660.00 MPJWR LLC 08/31/2022 119488 WETLAND C 101-19999 WETLAND CREDIT DEPOSIT 2,500.00 Total 119488:2,500.00 NCPERS GROUP LIFE INS.08/31/2022 119489 NCPERS082 101-21710 PERA LIFE 09/2022 336.00 Total 119489:336.00 OPEIU - LOCAL 12 08/31/2022 119490 OPEIN08252 101-21707 UNION DUES - LOCAL 12 08/2022 715.00 Total 119490:715.00 Void Check 08/31/2022 119491 Total 119491:.00 Void Check 08/31/2022 119492 Total 119492:.00 Void Check 08/31/2022 119493 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119493:.00 Void Check 08/31/2022 119494 Total 119494:.00 Void Check 08/31/2022 119495 Total 119495:.00 Void Check 08/31/2022 119496 Total 119496:.00 Void Check 08/31/2022 119497 Total 119497:.00 PERFORMANCE POOL AND SP 08/31/2022 119507 2022.08 PER 101-22205 ESCROW REFUND - RAS20-74 1805 SIXTH AVE 1,000.00 Total 119507:1,000.00 PETRUSEVICH, ANDREI & VIKT 08/31/2022 119508 2022.08 PET 999-10015 UB REFUND - 4725 BAYSIDE RD 161.36 Total 119508:161.36 Void Check 08/31/2022 119509 Total 119509:.00 Void Check 08/31/2022 119510 Total 119510:.00 Void Check 08/31/2022 119511 Total 119511:.00 Void Check 08/31/2022 119512 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119512:.00 Void Check 08/31/2022 119513 Total 119513:.00 PRESTIGE POOLS 08/31/2022 119516 2022.08 PRE 101-22205 ESCROW REFUND - RAS22-08 4035 DAHL RD 1,000.00 Total 119516:1,000.00 QUINN, STACEY 08/31/2022 119517 2022.08 QUI 101-34410 OVER PYMT REFUND - 125 SMITH AVE 56.64 Total 119517:56.64 RAASCH, KRISTY 08/31/2022 119518 2022.08 RAA 101-22205 ESCROW REFUND - LA22-35 2659 CASCO POIN 700.00 Total 119518:700.00 SUN LIFE FINANCIAL 08/31/2022 119519 SUNLIFE082 101-21714 STD- AUGUST/2022 971.30 SUN LIFE FINANCIAL 08/31/2022 119519 SUNLIFESU 101-21710 LIFE INSURANCE - 08-2022 1,326.39 SUN LIFE FINANCIAL 08/31/2022 119519 SUNLIFESU 101-15998 LIFE INSURANCE - 08-2022 173.84 Total 119519:2,471.53 THE HARTFORD 08/31/2022 119520 HARTFORDL 101-21713 LTD AUGUST/2022 1,796.54 Total 119520:1,796.54 UNITED STATES POSTAL SERVI 09/07/2022 119522 2022.09 FLY 101-41900-322 NEWSLETTERS Central Services 974.13 Total 119522:974.13 A 1 ELECTRIC SERVICE OF WA 09/12/2022 119523 4695 701-49800-215 WELDING CABLE EXTENTION CORD 539.69 Total 119523:539.69 A 1 RENT IT 09/12/2022 119524 173959-1 225-16500 MINI LOADER 286.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119524:286.00 ADVANCED IMAGING SOLUTIO 09/12/2022 119525 481083335 710-49970-413 PW COPIER LEASE 08/20/22-09/20/22 132.76 ADVANCED IMAGING SOLUTIO 09/12/2022 119525 481083335 710-49970-413 LATE FEES 12.10 Total 119525:144.86 AMAZON CAPITAL SERVICE 09/12/2022 119526 1GQ4-1V6T-101-43000-240 SHOP SUPPLIES Public Works Department 213.80 AMAZON CAPITAL SERVICE 09/12/2022 119526 1GQ4-1V6T-601-49400-201 CALENDERS Water 99.34 AMAZON CAPITAL SERVICE 09/12/2022 119526 1GQ4-1V6T-101-43000-221 SP GENERATOR SOUNDPROOFING Public Works Department 113.95 AMAZON CAPITAL SERVICE 09/12/2022 119526 1GQ4-1V6T-101-41900-221 WALL CLOCK Central Services 13.99 AMAZON CAPITAL SERVICE 09/12/2022 119526 1GQ4-1V6T-101-43000-386 STEEL WOOL LIGHT POST Public Works Department 87.36 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-43000-240 30 GAL OIL DRAIN Public Works Department 333.99 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-43000-240 BIG MOUTH TRANS DRAIN PAN Public Works Department 56.17 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-43000-240 AIR PRESSURE REGULATOR Public Works Department 38.49 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-43000-240 12V USB CHARGER Public Works Department 20.97 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-43000-224 TIE DOWN STRAPS (4)Public Works Department 36.90 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-43000-224 CAUTION TAPE 4 ROLLS Public Works Department 43.16 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-45210-240 TIE DOWN STRAPS 2"X27' QTY6 Golf Course 85.74 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-45210-240 GOLF CART STEERING BOX Golf Course 71.99 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-45210-221 DIESEL LOCK FUEL CAP Golf Course 14.86 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-45210-221 DIESEL FEUL ONLY STICKER Golf Course 7.79 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-45210-240 GOLF CART TIE ROD END Golf Course 20.99 AMAZON CAPITAL SERVICE 09/12/2022 119526 1PNY-JRN3-101-43000-221 SPRING PARG GEN (SOUND DEADENING)Public Works Department 164.91 Total 119526:1,424.40 Aspen Mills 09/12/2022 119527 298963 101-42110-226 UNIFORM - NEW HIRE SLIPKA Police Department 320.00 Total 119527:320.00 Awards by Cindy LLC 09/12/2022 119528 5194 101-41900-221 NAME PLATE Central Services 21.08 Total 119528:21.08 BARNUM GATE SERVICES INC 09/12/2022 119529 34100 101-43000-404 PW GATE REPAIR Public Works Department 891.59 Total 119529:891.59 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BIFFS INC 09/12/2022 119530 W881350 101-45200-415 BIFF RENTAL Parks 166.00 BIFFS INC 09/12/2022 119530 W881351 101-45200-415 BIFF RENTAL Parks 166.00 BIFFS INC 09/12/2022 119530 W881352 101-45200-415 BIFF RENTAL Parks 182.00 BIFFS INC 09/12/2022 119530 W881353 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 09/12/2022 119530 W881354 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 09/12/2022 119530 W881355 101-45200-415 BIFF RENTAL Parks 166.00 BIFFS INC 09/12/2022 119530 W881356 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 09/12/2022 119530 W881357 101-45200-415 BIFF RENTAL Parks 91.00 Total 119530:1,044.00 BOYER TRUCKS INC 09/12/2022 119531 003P24145 701-49800-215 TRANSMISSION COOLANT LINE FITTINGS 71.91 BOYER TRUCKS INC 09/12/2022 119531 003P26323 701-49800-215 ALTERNATOR FOR DUMP TRUCKS 275.14 Total 119531:347.05 Bratt Tree Company 09/12/2022 119532 7709 435-48974-590 TREE REMOVAL IN ROW -TASK65777 4,000.00 Bratt Tree Company 09/12/2022 119532 7710 435-48974-590 TREE REMOVAL IN ROW- TASK 65310 1,500.00 Total 119532:5,500.00 BUSINESS ESSENTIALS 09/12/2022 119533 WO-1194063 101-41900-201 COPY PAPER Central Services 257.22 Total 119533:257.22 BUSINESS ESSENTIALS 09/12/2022 119534 WO-1201034 101-41900-201 COPY PAPER, OFFICE SUPPLIES Central Services 69.07 Total 119534:69.07 CECE S SIGNS 09/12/2022 119535 9117 101-43000-222 GENERATOR SP GRAPHICS Public Works Department 148.00 Total 119535:148.00 CENTRAL PENSION FUND SOU 09/12/2022 119536 CFP090822 101-21707 LOCAL UNION #49 8/22/22-9/04/22 800.00 Total 119536:800.00 CHI COMPANIES 09/12/2022 119537 37302-1 101-43000-415 RENTAL UNIT PORTABLE AC FOR MECHANIC S Public Works Department 937.50 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119537:937.50 CHUNKS LAKESHORE AUTO 09/12/2022 119538 0018669 101-42110-402 SQUAD # 259 WHEEL ALIGMNET/CANISTER PU Police Department 497.28 CHUNKS LAKESHORE AUTO 09/12/2022 119538 0018810 101-42110-402 SQUAD # 265 OIL CHANGE/ CABIN FILTERS Police Department 142.32 CHUNKS LAKESHORE AUTO 09/12/2022 119538 0018816 101-42110-402 SQUAD MAINTENANCE #268 OIL CHANGE Police Department 56.81 CHUNKS LAKESHORE AUTO 09/12/2022 119538 0018825 101-42110-402 SQUAD MAINTENANCE #267 OIL CHANGE/TIRE Police Department 185.00 CHUNKS LAKESHORE AUTO 09/12/2022 119538 0018833 101-42110-402 SQUAD MAINTENANCE #254 OIL CHANGE/AIR FI Police Department 164.51 CHUNKS LAKESHORE AUTO 09/12/2022 119538 0018845 101-42110-402 SQUAD MAINTENANCE #266 OIL CHANGE Police Department 96.64 CHUNKS LAKESHORE AUTO 09/12/2022 119538 0018861 101-42110-402 SQUAD MAINTENACNE #264 Police Department 58.29 CHUNKS LAKESHORE AUTO 09/12/2022 119538 0018889 101-42110-402 BRAKES/ROTORS SQUAD # 255 Police Department 629.30 Total 119538:1,830.15 City of Orono Utilities 09/12/2022 119539 2022.08 CH&101-41900-382 AUGUST 2022 UB CH & PD Central Services 1,295.20 City of Orono Utilities 09/12/2022 119539 2022.08 CH&101-42110-382 AUGUST 2022 UB CH & PD Police Department 1,295.20 City of Orono Utilities 09/12/2022 119539 2022.08 PO 101-41900-382 AUGUST 2022 UB - PO Central Services 84.72 City of Orono Utilities 09/12/2022 119539 2022.08 PW 101-41900-382 AUGUST 2022 UB- PW Central Services 1,011.28 City of Orono Utilities 09/12/2022 119539 2022.08 WT 601-49400-382 AUGUST 2022 WTP Water 145.70 Total 119539:3,832.10 CITY OF WAYZATA 09/12/2022 119540 AUGUST 202 601-49400-387 AUGUST 2022 WATER Water 5,432.10 CITY OF WAYZATA 09/12/2022 119540 AUGUST 202 602-49450-387 AUGUST 2022 SEWER Sewer 11,460.90 Total 119540:16,893.00 CITYVIEW PLUMBING & HEATIN 09/12/2022 119541 125238691 601-49400-405 S WATER PLANT REPAIRS - PLUMBING MATERI Water 593.76 Total 119541:593.76 CORE & MAIN 09/12/2022 119542 R406048 101-43000-224 CULVET FOR WEST LAKE PROJECT Public Works Department 2,637.90 Total 119542:2,637.90 DITTER INC.09/12/2022 119543 13769 101-42110-404 HEATING AND AC SERVICE Police Department 235.20 Total 119543:235.20 ECM PUBLISHERS INC 09/12/2022 119544 907349 101-41900-352 ORDINANCE Central Services 52.78 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ECM PUBLISHERS INC 09/12/2022 119544 908480 101-41900-352 BID ADVERTISEMENT 21-039 NEW PW FACILITIY Central Services 103.44 Total 119544:156.22 ESS BROTHERS & SONS 09/12/2022 119545 CC4160 602-49450-227 SEWER CURB STOP TOPS Sewer 696.00 Total 119545:696.00 FAUL PSYCHOLOGICAL 09/12/2022 119546 1271 101-42110-319 LEADERSHIP ASSESSMENT - HENNESSY Police Department 1,200.00 FAUL PSYCHOLOGICAL 09/12/2022 119546 1271 101-42110-319 WELLNESS SESSIONS Police Department 200.00 Total 119546:1,400.00 G&H Distributing & Supply Inc 09/12/2022 119547 00163304 602-49450-403 HYDRAULIC HOSE 711 Sewer 22.78 Total 119547:22.78 GOPHER ACE 09/12/2022 119548 012420/1 101-45200-223 KEYS Parks 7.47 GOPHER ACE 09/12/2022 119548 12344 101-43000-404 DRAIN CLEANER Public Works Department 17.99 GOPHER ACE 09/12/2022 119548 12400 101-41900-223 BUSHING GALV. - AIR LINE REPAIR Central Services 11.97 GOPHER ACE 09/12/2022 119548 12401 101-41900-223 BUSHING- AIR LINE REPAR Central Services 7.98 GOPHER ACE 09/12/2022 119548 12403 101-43000-221 HOSE COUPLERS Public Works Department 45.96 GOPHER ACE 09/12/2022 119548 12420 101-45200-223 KEYS Parks 7.47 GOPHER ACE 09/12/2022 119548 12440 602-49450-221 HOSE CLAMPS #714 Sewer 15.94 GOPHER ACE 09/12/2022 119548 12542 101-43050-489 GENERATOR REPAIR Public Works - Spring Park 26.12 GOPHER ACE 09/12/2022 119548 12558/1 101-45200-223 BIG ISLAND SUPPLIES Parks 10.58 GOPHER ACE 09/12/2022 119548 12578 101-45200-223 FRUIT FLY TRAPS Parks 19.18 GOPHER ACE 09/12/2022 119548 12627 101-43000-222 CHAIN QUICK LINKS Public Works Department 17.87 Total 119548:188.53 HAWKINS INC 09/12/2022 119549 6264061 601-49400-216 CHLORINE TANKS Water 60.00 Total 119549:60.00 HENNEPIN COUNTY INFOR TE 09/12/2022 119550 1000191256 101-43000-415 PW RADIOS Public Works Department 283.14 Total 119550:283.14 HENNEPIN COUNTY SHERIFF 09/12/2022 119551 1000189824 101-41600-309 JAIL INVOICES Law/Legal Services 562.56 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119551:562.56 HIGHWAY 55 RENTAL 09/12/2022 119552 571310 225-16500 MINI LOADER 699.58 Total 119552:699.58 HOLIDAY COMPANIES 09/12/2022 119553 0796010922 101-42110-402 SQUAD WASHES Police Department 258.50 Total 119553:258.50 HOLSCHUH, KATHERINE 09/12/2022 119554 2022.08 HOL 101-32530 REFUND FOR OVER PYMT SWP22-58 1389 ORO 51.00 Total 119554:51.00 JAY MCCOY 09/12/2022 119555 2022.08 101-42110-226 INV. UNIFORMS Police Department 169.99 Total 119555:169.99 KYLE KIRSCHNER 09/12/2022 119556 2022.08 101-42110-317 ANIMAL CARE Police Department 125.65 Total 119556:125.65 LAKE MTKA CONSERVATION DI 09/12/2022 119557 2022Q3ORO 651-49910-433 3RD QTR 2022 LEVY PMT Storm Water 12,018.25 Total 119557:12,018.25 LEAGUE OF MN CITIES 09/12/2022 119558 366264 101-41110-433 2022-2023 MEMBERSHIP DUES - CITY OF ORON Mayor & Council 9,118.00 Total 119558:9,118.00 LEAGUE OF MN CITIES INS TR 09/12/2022 119559 INSTALLME 703-49960-361 COMPREHENSIVE MUNICIPAL LIBILITY 36,793.00 Total 119559:36,793.00 LEOWEBPROTECT.com 09/12/2022 119560 4019 101-42110-433 MONTHLY SUBSCRIPTION Police Department 143.06 Total 119560:143.06 LOGIS 09/12/2022 119561 52587 101-42110-310 POLICE RECORDS 8/22 Police Department 7,807.00 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LOGIS 09/12/2022 119561 52587 710-49970-329 INTERNET 8/22 572.00 LOGIS 09/12/2022 119561 52587 710-49970-311 HOSTED BACKUPS 8/22 1,208.00 LOGIS 09/12/2022 119561 52587 710-49970-311 HOSTED SERVERS 8/22 1,332.00 LOGIS 09/12/2022 119561 52587 710-49970-311 HOSTED COMPLIANCE ARCHIVE 8/22 516.00 LOGIS 09/12/2022 119561 52587 710-49970-311 HOSTED WATCHGUARD 8/22 167.00 LOGIS 09/12/2022 119561 52657 710-49970-401 ADDITIONAL STORAGE SPACE 260.00 LOGIS 09/12/2022 119561 52683 101-19999 KNOWBE4 TRAINING 574.60 LOGIS 09/12/2022 119561 52683 405-48500-575 SWITCH - NEW BUILDING 9,681.92 Total 119561:22,118.52 LUBE TECH ESI 09/12/2022 119562 2976736 701-49800-212 5W30 OIL 607.88- LUBE TECH ESI 09/12/2022 119562 2976837 701-49800-212 SUPER TRACTOR, ATF, AND HYD LIFT OIL 2,003.59 Total 119562:1,395.71 MACQUEEN EQUIPMENT 09/12/2022 119563 P44663 602-49450-221 SUCTION PIPE CLAMPS Sewer 111.53 Total 119563:111.53 MANSFIELD OIL COMPANY 09/12/2022 119564 23542951 701-49800-212 DIESEL FUEL 306.10 MANSFIELD OIL COMPANY 09/12/2022 119564 23543126 101-42110-212 UNLEADED FUEL Police Department 4,965.67 MANSFIELD OIL COMPANY 09/12/2022 119564 23564636 101-45210-212 DIESEL FUEL Golf Course 568.04 Total 119564:5,839.81 MEDSURETY LLC 09/12/2022 119565 17981 101-41900-319 ADMIN FEE 9/2022 Central Services 39.00 Total 119565:39.00 METROPOLITAN COUNCIL ENVI 09/12/2022 119566 0001145170 602-49450-383 WASTWATER SERVICE 10/2022 Sewer 59,036.55 Total 119566:59,036.55 MINNEAPOLIS OXYGEN COMPA 09/12/2022 119567 00097806 101-43000-224 OXYGEN, ACETYLENE Public Works Department 65.94 MINNEAPOLIS OXYGEN COMPA 09/12/2022 119567 00097807 101-42110-221 MEDICAL OXYGEN Police Department 109.90 MINNEAPOLIS OXYGEN COMPA 09/12/2022 119567 00097808 101-42110-221 MEDICAL OXYGEN Police Department 18.88 Total 119567:194.72 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN DEPT OF HEALTH 09/12/2022 119568 07/01/22-9/3 601-20802 2022 3RD QTR WATER CONNECTION FEE 2,806.65 Total 119568:2,806.65 MN MAYORS ASSOCIATION 09/12/2022 119569 2022.09 101-41110-433 2022-2023 MEMBERSHIP - D. WALSH Mayor & Council 30.00 Total 119569:30.00 Modern Power Solutions LLC 09/12/2022 119570 1175 602-16500 GENERATOR REPLACEMENT LS 14 18,185.00 Total 119570:18,185.00 MTI DISTRIBUTING INC 09/12/2022 119571 1359223-00 101-45210-404 IRRIGATION REPAIR Golf Course 289.11 MTI DISTRIBUTING INC 09/12/2022 119571 1360009-00 101-45210-404 MOWER TIRE Golf Course 139.71 MTI DISTRIBUTING INC 09/12/2022 119571 1361247-00 101-45210-404 IRRIGATION REPAIR Golf Course 202.50 Total 119571:631.32 NAVARRE HARDWARE 09/12/2022 119572 336370 101-42110-401 MISC SUPPLIES Police Department 13.46 NAVARRE HARDWARE 09/12/2022 119572 336896 601-49400-322 UPS SHIPPING CHARGE Water 12.90 NAVARRE HARDWARE 09/12/2022 119572 337525 602-49450-240 CARPET SHEILD FOR POINT OF SALE Sewer 20.99 NAVARRE HARDWARE 09/12/2022 119572 338635 101-43050-489 SHIPPING FOR COPPER N LEAD Public Works - Spring Park 20.11 NAVARRE HARDWARE 09/12/2022 119572 338710 101-42110-240 MISC SUPPLIES Police Department 13.99 NAVARRE HARDWARE 09/12/2022 119572 338764 601-49400-322 UPS SHIPPING CHARGE Water 12.46 NAVARRE HARDWARE 09/12/2022 119572 338974 651-49910-227 GRASS SEED TASK SP 67731 Storm Water 29.95 Total 119572:123.86 NORLINGS 09/12/2022 119573 40494 101-45200-404 NORLINGS CONTRACT Parks 1,015.00 Total 119573:1,015.00 NORTHERN DEWATERING INC 09/12/2022 119574 93874 101-45200-221 HOSE FOR BIG ISLAND PUMPING Parks 5,985.89 Total 119574:5,985.89 OPD BUSINESS SOLUTIONS LL 09/12/2022 119575 26112265300 101-42110-201 OFFICE SUPPLIES Police Department 117.59 OPD BUSINESS SOLUTIONS LL 09/12/2022 119575 2631004640 101-42110-201 MISC OFFICE SUPPLIES Police Department 66.56 OPD BUSINESS SOLUTIONS LL 09/12/2022 119575 2650634920 101-41900-201 OFFICE SUPPLIES Central Services 231.93 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 119575:416.08 OPENDOOR LABS INC 09/12/2022 119576 2022.08 OPE 999-10015 UB REFUND - 3714 LIVINGSTON AVE 94.76 Total 119576:94.76 PRAIRIE RESTORATIONS INC 09/12/2022 119577 34397 101-45200-404 LURTON PARK HERBICIDE TREATMENT Parks 735.00 Total 119577:735.00 QUADIENT INC 09/12/2022 119578 16777600 101-41900-201 SEALER Central Services 24.70 Total 119578:24.70 RDO EQUIPMENT 09/12/2022 119579 P5674314 701-49800-215 ENGINE FUEL CAP #430 115.25 Total 119579:115.25 REPUBLIC SERVICES #894 09/12/2022 119580 0894-005891 101-41900-404 TRASH SERVICE 8/1/22-8/31/22 Central Services 784.08 REPUBLIC SERVICES #894 09/12/2022 119580 0894-005891 101-43100-404 TRASH SERVICE 8/1/22-8/31/22 Brush Site 35.64 REPUBLIC SERVICES #894 09/12/2022 119580 0894-005891 101-45200-404 TRASH SERVICE 8/1/22-8/31/22 Parks 873.18 REPUBLIC SERVICES #894 09/12/2022 119580 0894-005891 101-45210-404 TRASH SERVICE 8/1/22-8/31/22 Golf Course 89.10 Total 119580:1,782.00 SECOND NATURE GRAPHICS 09/12/2022 119581 465 101-41900-201 BUSINESS CARDS - LO AND KL Central Services 148.00 SECOND NATURE GRAPHICS 09/12/2022 119581 466 601-49400-201 UTILITY BILLING ENVELOPES Water 184.75 SECOND NATURE GRAPHICS 09/12/2022 119581 466 602-49450-201 UTILITY BILLING ENVELOPES Sewer 184.75 Total 119581:517.50 SECURITY & SOUND CO 09/12/2022 119582 25590 101-42110-404 BUILDING MAINTENANCE - GATE SECURITY PD Police Department 280.00 Total 119582:280.00 SHAUGHNESSY LAWN CARE 09/12/2022 119583 06.10.22-09.101-45200-404 PARK MOWING Parks 11,275.00 Total 119583:11,275.00 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SiteOne Landscape Supply LLC 09/12/2022 119584 121453789-0 101-45210-223 GOLF COURSE TOOL Golf Course 135.00 Total 119584:135.00 STREICHERS POLICE EQUIP 09/12/2022 119585 1583246 101-42110-226 NEW HIRE UNIFORM - KNAPEK Police Department 409.98 STREICHERS POLICE EQUIP 09/12/2022 119585 1583769 101-42110-226 UNIFORMS - VARGAS Police Department 58.98 STREICHERS POLICE EQUIP 09/12/2022 119585 1584392 101-42110-228 TRAINING SUPPLIES Police Department 3,221.01 STREICHERS POLICE EQUIP 09/12/2022 119585 1585125 101-42110-226 UNIFORMS 536 Police Department 74.99 STREICHERS POLICE EQUIP 09/12/2022 119585 1586181 101-42110-226 UNIFORMS- PATCHES FOR SZCZEPANIK Police Department 107.99 STREICHERS POLICE EQUIP 09/12/2022 119585 1586188 101-42110-226 MISC UNIFORMS Police Department 41.98 STREICHERS POLICE EQUIP 09/12/2022 119585 1587496 101-42110-226 UNIFORMS - BUCHMAN Police Department 11.99 STREICHERS POLICE EQUIP 09/12/2022 119585 1588034 101-42110-226 NEW HIRE UNIFORM - KNAPEK Police Department 49.99 Total 119585:3,976.91 SUBURBAN RATE AUTHORITY 09/12/2022 119586 2022.08 101-41110-433 2022 MEMBERSHIP ASSESSMENT - 2ND HALF Mayor & Council 470.00 Total 119586:470.00 TC HOMES INC 09/12/2022 119587 2022.08 101-32530 OVERPYMT REFUND - SWP22-40 1389 ORONO 101.00 Total 119587:101.00 TEAL DRONES INC 09/12/2022 119588 2082 101-42110-580 UAV & TEAL AIR CONTROL Police Department 14,764.00 Total 119588:14,764.00 THE ESTATE OF CHRISTOPHER 09/12/2022 119589 2022.08 THE 999-10010 UB REFUND - 1003 WILDHURST TRL 12.21 Total 119589:12.21 U.S. AutoForce 09/12/2022 119590 5760957 101-42110-402 SQUAD CAR TIRES Police Department 1,079.92 Total 119590:1,079.92 UNIFIRST CORPORATION 09/12/2022 119591 090 0715541 701-49800-221 SHOP TOWELS - PW 6.70 UNIFIRST CORPORATION 09/12/2022 119591 090 0715541 101-43000-404 RUGS - PW Public Works Department 21.84 UNIFIRST CORPORATION 09/12/2022 119591 090 0715541 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 26.59 UNIFIRST CORPORATION 09/12/2022 119591 090 0715541 601-49400-226 UNIFORMS PW-WATER DEPT Water 26.59 UNIFIRST CORPORATION 09/12/2022 119591 090 0715541 101-45200-226 UNIFORMS - PW Public Works Department 26.59 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 09/12/2022 119591 090 0715541 101-45200-226 UNIFORMS-PARKS Parks 26.59 UNIFIRST CORPORATION 09/12/2022 119591 090 0715541 101-45210-226 GOLF COURSE UNIFORMS Golf Course 26.59 UNIFIRST CORPORATION 09/12/2022 119591 090 0716884 701-49800-221 SHOP TOWELS - PW 6.70 UNIFIRST CORPORATION 09/12/2022 119591 090 0716884 101-43000-404 RUGS - PW Public Works Department 21.84 UNIFIRST CORPORATION 09/12/2022 119591 090 0716884 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 26.27 UNIFIRST CORPORATION 09/12/2022 119591 090 0716884 601-49400-226 UNIFORMS PW-WATER DEPT Water 26.26 UNIFIRST CORPORATION 09/12/2022 119591 090 0716884 101-45200-226 UNIFORMS-PARKS Parks 26.26 UNIFIRST CORPORATION 09/12/2022 119591 090 0716884 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 26.26 UNIFIRST CORPORATION 09/12/2022 119591 090 0716884 101-45200-226 UNIFORMS - PW Public Works Department 26.26 UNIFIRST CORPORATION 09/12/2022 119591 090 0718236 101-43000-404 RUGS - PW Public Works Department 21.84 UNIFIRST CORPORATION 09/12/2022 119591 090 0718236 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 26.26 UNIFIRST CORPORATION 09/12/2022 119591 090 0718236 101-45210-226 GOLF COURSE UNIFORMS Golf Course 26.26 UNIFIRST CORPORATION 09/12/2022 119591 090 0718236 701-49800-221 SHOP TOWELS - PW 6.70 UNIFIRST CORPORATION 09/12/2022 119591 090 0718236 601-49400-226 UNIFORMS PW-WATER DEPT Water 26.26 UNIFIRST CORPORATION 09/12/2022 119591 090 0718236 101-45200-226 UNIFORMS - PW Public Works Department 26.27 UNIFIRST CORPORATION 09/12/2022 119591 090 0718236 101-45200-226 UNIFORMS-PARKS Parks 26.26 UNIFIRST CORPORATION 09/12/2022 119591 0900699381 101-45210-223 LAUNDRY SERVICE Golf Course 26.07 UNIFIRST CORPORATION 09/12/2022 119591 0900700733 101-45210-223 LAUNDRY SERVICE Golf Course 78.68 UNIFIRST CORPORATION 09/12/2022 119591 0900703455 101-45210-223 LAUNDRY SERVICE Golf Course 78.68 UNIFIRST CORPORATION 09/12/2022 119591 0900706178 101-45210-223 LAUNDRY SERVICE Golf Course 78.68 UNIFIRST CORPORATION 09/12/2022 119591 0900708853 101-41900-223 RUGS CITY HALL/ CC Central Services 58.00 UNIFIRST CORPORATION 09/12/2022 119591 0900708883 101-45210-223 LAUNDRY SERVICE Golf Course 78.68 UNIFIRST CORPORATION 09/12/2022 119591 0900711561 101-45210-223 LAUNDRY SERVICE Golf Course 80.25 UNIFIRST CORPORATION 09/12/2022 119591 0900714197 101-41900-223 RUGS CITY HALL/ CC Central Services 58.00 UNIFIRST CORPORATION 09/12/2022 119591 0900714227 101-45210-223 LAUNDRY SERVICE Golf Course 78.68 UNIFIRST CORPORATION 09/12/2022 119591 0900715541 101-43000-404 RUGS - PW Public Works Department 21.84 UNIFIRST CORPORATION 09/12/2022 119591 0900715541 701-49800-221 SHOP TOWELS - PW 6.70 UNIFIRST CORPORATION 09/12/2022 119591 0900715541 101-45200-226 UNIFORMS - PW Public Works Department 53.18 UNIFIRST CORPORATION 09/12/2022 119591 0900715541 601-49400-226 UNIFORMS PW-WATER DEPT Water 26.59 UNIFIRST CORPORATION 09/12/2022 119591 0900715541 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 26.59 UNIFIRST CORPORATION 09/12/2022 119591 0900715541 101-45200-226 UNIFORMS-PARKS Parks 26.59 UNIFIRST CORPORATION 09/12/2022 119591 0900715570 101-45210-223 LAUNDRY SERVICE Golf Course 30.20 Total 119591:1,288.60 US Bank Equipment Finance 09/12/2022 119592 480922194 710-49970-413 COPIERS 596.76 US Bank Equipment Finance 09/12/2022 119592 480922194 710-49970-413 LATE FEES 59.68 Total 119592:656.44 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount VARITECH INDUSTRIES INC 09/12/2022 119593 060-1024096 701-49800-215 UNIT 425A BRINE TANK REPAIR 71.85 Total 119593:71.85 Warning Lites of MN 09/12/2022 119594 239444 101-43000-408 TASK 65777 ROAD CLOSURE Public Works Department 582.90 Total 119594:582.90 WASTE MANAGEMENT RECYC 09/12/2022 119595 0095780-280 603-49500-316 RECYCLING AUGUST 22 ORGANICS 86.81 WASTE MANAGEMENT RECYC 09/12/2022 119595 0095780-280 603-49500-316 RECYCLING 9/2022 17,726.20 Total 119595:17,813.01 WESTSIDE WHOLESALE TIRE 09/12/2022 119596 911493 101-45210-402 MOWER TIRE MOUNTING #600 Golf Course 19.00 WESTSIDE WHOLESALE TIRE 09/12/2022 119596 912383 601-49400-402 TIRE REPAIR #712 Water 35.00 Total 119596:54.00 XCEL ENERGY 09/12/2022 119597 0988287659 101-41900-381 ELECTRIC SERVICE 07/24/22-08/22/22 Central Services 1,102.33 XCEL ENERGY 09/12/2022 119597 0988287659 101-42110-381 ELECTRIC SERVICE 07/24/22-08/22/22 Police Department 2,870.63 XCEL ENERGY 09/12/2022 119597 0988287659 101-42110-381 ELECTRIC SERVICE 07/24/22-08/22/22 Police Department 44.12 XCEL ENERGY 09/12/2022 119597 0988287659 101-43000-381 ELECTRIC SERVICE 07/24/22-08/22/22 Public Works Department 189.82 XCEL ENERGY 09/12/2022 119597 0988287659 101-43000-386 ELECTRIC SERVICE 07/24/22-08/22/22 Public Works Department 2,646.95 XCEL ENERGY 09/12/2022 119597 0988287659 101-45200-381 ELECTRIC SERVICE 07/24/22-08/22/22 Parks 92.71 XCEL ENERGY 09/12/2022 119597 0988287659 601-49400-381 ELECTRIC SERVICE 07/24/22-08/22/22 Water 10,214.59 XCEL ENERGY 09/12/2022 119597 0988287659 602-49450-381 ELECTRIC SERVICE 07/24/22-08/22/22 Sewer 3,068.71 XCEL ENERGY 09/12/2022 119597 0988287659 101-45210-381 ELECTRIC SERVICE 07/24/22-08/22/22 Golf Course 1,584.76 Total 119597:21,814.62 Yamaha Golf & Utility 09/12/2022 119598 01-247349 101-45210-404 GOLF CART REPAIR Golf Course 98.93 Yamaha Golf & Utility 09/12/2022 119598 01-258171 101-45210-415 CART LEASE Golf Course 1,650.00 Total 119598:1,748.93 YAMAHA MOTOR CORP.09/12/2022 119599 783689 101-45210-415 CART LEASE Golf Course 1,647.00 YAMAHA MOTOR CORP.09/12/2022 119599 783717 101-45210-415 UTILITY CART RENTAL Golf Course 295.00 Total 119599:1,942.00 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ZAHL-PETROLEUM MAINTENA 09/12/2022 119600 0274396-IN 701-49800-403 REPAIR BIG HOIST REPLACE BROKEN CHAIN 1,006.93 Total 119600:1,006.93 OPTUM 09/12/2022 119601 0001337910 101-41900-319 HSA MAINTENANCE FEE 2ND QTR 2022 Central Services 299.00 Total 119601:299.00 CARDMEMBER SERVICE 08/23/2022 201302 06/22/2022-0 101-45210-093 CONCESSIONS Golf Course 250.78 CARDMEMBER SERVICE 08/23/2022 201302 06/22/2022-0 101-45210-093 CONCESSIONS Golf Course 328.90 CARDMEMBER SERVICE 08/23/2022 201302 06/22/2022-0 101-41900-404 DOOR REPAIR Central Services 500.00 CARDMEMBER SERVICE 08/23/2022 201302 06/22/2022-0 101-45210-223 ICE Golf Course 5.99 CARDMEMBER SERVICE 08/23/2022 201302 06/22/2022-0 101-45210-223 ICE Golf Course 11.98 CARDMEMBER SERVICE 08/23/2022 201302 06/22/2022-0 101-45210-223 ICE Golf Course 11.96 CARDMEMBER SERVICE 08/23/2022 201302 06/22/2022-0 101-45210-404 CART PARTS Golf Course 89.01 CARDMEMBER SERVICE 08/23/2022 201302 06/22/2022-0 101-45210-223 SMALL SHELF Golf Course 24.19 Total 20130283:1,222.81 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 601-39610 WATER METER SALES 07/22 463.00 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 601-20806 WATER TAXABLE SALES 07/22 1,343.00 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-37910 GOLF COURSE GREEN FEES 07/22 4,117.00 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-37920 RENTALS - SALES TAX 07/22 1,921.00 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-37930 BEER - SALES TAX 06/22 484.00 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-37935 POP SALES 07/2022 2.86 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-37940 CONCESSIONS - SALES TAX 6/22 162.00 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-37960 GOLF BALLS - SALES TAX 6/22 83.00 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-37970 PRO SHOP - SALES TAX 5/22 8.00 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-37980 CLOTHING - SALES TAX 6/22 18.14 MN DEPT OF REVENUE-WIRE 08/25/2022 201302 2022.08 101-39610 CREDIT ON ACCOUNT 340.86- Total 20130284:8,261.14 CARDMEMBER SERVICE 08/29/2022 201302 06/22/2022-0 701-49800-212 FUEL WHEN PUMPS WERE DOWN 105.79 Total 20130285:105.79 ALERUS RETIREMENT AND BE 09/12/2022 201302 C129458 101-41900-319 COBRA ADM FEE - 08/22 Central Services 50.00 City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 20130286:50.00 CARDMEMBER SERVICE 09/12/2022 201302 07/21/22-08/101-42110-439 FIREARMS SAFETY MEETING-JIMMY HOHNS/CH Police Department 112.17 CARDMEMBER SERVICE 09/12/2022 201302 07/21/22-08/101-42110-402 CAR WASH #261 Police Department 15.00 CARDMEMBER SERVICE 09/12/2022 201302 07/21/22-08/101-42110-402 CAR WASH #261 Police Department 12.00 CARDMEMBER SERVICE 09/12/2022 201302 07/21/22-08/101-41110-439 POLICE COMMISSION MEETING ITEMS Mayor & Council 25.59 CARDMEMBER SERVICE 09/12/2022 201302 07/21/22-08/701-49800-240 POTABLE LIFT TABLE EQUIPMENT REPAIR 2,753.00 CARDMEMBER SERVICE 09/12/2022 201302 07/21/22-08/701-49800-213 DEF FLUID PUMP AND CART 844.99 CARDMEMBER SERVICE 09/12/2022 201302 07/21/22-08/701-49800-212 NON OXY FUEL 94.27 CARDMEMBER SERVICE 09/12/2022 201302 07/21/22-08/602-49450-221 714 REPAIR ROLLER COUNTER Sewer 171.52 CARDMEMBER SERVICE 09/12/2022 201302 07/22/2022-0 101-41110-439 COMMUNICATION MEETING FOOD Mayor & Council 106.34 CARDMEMBER SERVICE 09/12/2022 201302 07212022-08 101-41900-441 NOTARY RENEWAL - HENTGES Central Services 120.00 CARDMEMBER SERVICE 09/12/2022 201302 07212022-08 101-41500-433 GFOA CONFERENCE - OLSON Finance Department 230.00 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/101-43000-221 PARTS FOR JD MOWER Public Works Department 120.83 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/101-43000-212 GAS FOR PONTOON Public Works Department 38.55 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/101-45210-093 CONCESSIONS Golf Course 236.23 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/101-45210-223 ICE Golf Course 5.99 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/101-45210-223 ICE Golf Course 5.99 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/101-45210-404 CART REPAIR Golf Course 220.60 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/710-49970-221 WEBCAM - AH 34.92 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/710-49970-401 SHIPPING - LAP TOP WARRENTY WORK 48.05 CARDMEMBER SERVICE 09/12/2022 201302 7/21/22-8/22/710-49970-221 LAPTOP BATTERY 30.08 Total 20130287:5,226.12 Void Check 09/12/2022 201302 Total 20130288:.00 PSN: PAYMENT SERVICE INVOI 09/12/2022 201302 264605 601-49400-312 WATER FUND PSN FEES Water 493.00 PSN: PAYMENT SERVICE INVOI 09/12/2022 201302 264605 602-49450-312 SEWER FUND PSN FEES Sewer 493.00 PSN: PAYMENT SERVICE INVOI 09/12/2022 201302 264743 101-41900-312 MISC PSN FEES Central Services 2.75 PSN: PAYMENT SERVICE INVOI 09/12/2022 201302 264900 101-41900-312 BUILDING PERMIT PSN FEES Central Services 9.35 Total 20130289:998.10 Grand Totals: 432,721.10 City of Orono Check Register - COUNCIL REPORT Page: 22 Check Issue Dates: 8/23/2022 - 9/12/2022 Sep 08, 2022 02:30PM AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license period of January 1, 2022 to December 31, 2023. 2. Rental License Applicants Kelsey Riesgraf License # RL22-000013 Real Property Management – Viking – Bridget Brennan License # RL22-000014 3. Staff Recommendation. Staff recommends approval of the rental licenses listed above for the license period of January 1, 2022 to December 31, 2023. The rental license applicants have submitted all of the requested documents and has met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental licenses listed above for the license period of January 1, 2022 to December 31, 2023. Item No.: 3 Date: August 8, 2022 Item Description: Approval of Rental Licenses Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: Purpose. The Park Gun Club has applied for their annual gun club license effective September 1, 2022 through August 31, 2023. The applicant has submitted the required licensing information and Staff recommends approval as no complaints have been received in the past year. A calendar of events for the 2022-23 license is attached. The Orono Police Department has completed a background check and all required documents have been submitted. Staff recommends approval of the application. COUNCIL ACTION REQUESTED Motion to approve the Annual Gun Club Permit. Exhibits A. Park Gun Club Calendar of Events 2022-23 Item No.: 4 Date: September 12, 2022 Item Description: Annual Gun Club Permit Presenter: Anna Carlson City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to approve a new Tobacco License. 2. License Applicant(s) Name Address License # Period Orono Tobacco Shop Inc, 3502 Shoreline Drive TL22-000002 September 1, 2022 to January 31, 2023 3. Staff Recommendation. Staff recommends approval of the new tobacco license listed above. The License Applicant has submitted all of the requested documents and has met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental license listed above. Item No.: 5 Date: September 12, 2022 Item Description: Approval of New Tobacco License for Orono Tobacco Shop Inc. Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of the action item is to adopt the new City of Orono Personnel Policy Handbook. 2. Background / Summary. The personnel handbook contains the personnel policies and procedures that govern city – employee relations. The last amendment to the handbook was in 2018. The last comprehensive review of the handbook was in 2009. Staff began a process last December to amend the current handbook. To complete the project we formed a handbook review committee. We quickly realized that with the number of updates required it would be better if we instead took the League of Minnesota Cities (LMC) template and format and used it as the basis for a complete redo of the handbook. The LMC template already had all of the state and federal law references up-to-date. Once the committee was done modifying the LMC template to our needs we completed a department head review of the document and then a legal review by the City Attorney. The hand book was provided to the Human Resources Committee in July. In August we had the City Attorney make some edits to address recent state legislation on THC. 3. Key Changes. The following list summarizes the key changes. a. Format and organization conforms to LMC template. b. Dress code added - Sect 2.04 c. Work hours and flexible work schedule clarified - Article 6 and Appendix H. d. Holidays updated to include Juneteenth - Article 10 e. Vacation updated to conform with CBAs and reduce number of blocks – Section 11.02 f. Included language about THC in Article 19, Drug Free Work place g. Technology policy incorporated in to handbook – Article 21 h. Employee recognition expanded Article 23 i. Performance evaluation process Incorporated – Appendix A. j. Tuition reimbursement policy updated and incorporated – Appendix B. k. Website Policy added – Appendix C. l. Position reclassification guidelines added- Appendix G. 4. Staff Recommendation. I recommend adoption of the new handbook. COUNCIL ACTION REQUESTED Motion to adopt the new personnel policy handbook at exhibit A. Exhibits A. Draft Personnel Policy Handbook Reference A. Employee Handbook, Amended 12/10/18. B. LMC Model Handbook Item No.: 6 Date: September 12, 2022 Item Description: Adoption of Personnel Policy Handbook Presenter: Adam T. Edwards City Administrator/ City Engineer Agenda Section: Consent Agenda 221698v1 City of Orono Personnel Policy 2022 1 221698v1 Table of Contents Article 1. INTRODUCTION ............................................................................................... 6 Section 1.01 Purpose ................................................................................................................. 6 Section 1.02 Scope .................................................................................................................... 6 Section 1.03 EEO Policy Statement.......................................................................................... 6 Section 1.04 Data Practices Advisory ....................................................................................... 6 Section 1.05 Media Requests .................................................................................................... 7 Section 1.06 Personal Communications and Use of Social Media ........................................... 8 Article 2. CITYWIDE WORK RULES & CODE OF CONDUCT .................................. 10 Section 2.01 Conduct as a City Employee .............................................................................. 10 Section 2.02 Attendance & Absence ...................................................................................... 10 Section 2.03 Access to and Use of City Property ................................................................... 11 Section 2.04 Appearance ........................................................................................................ 11 Section 2.05 Conflict of Interest ............................................................................................. 12 Section 2.06 Falsification of Records ..................................................................................... 12 Section 2.07 Personal Communications ................................................................................. 13 Section 2.08 Political Activity ................................................................................................ 13 Section 2.09 Smoking ............................................................................................................. 13 Article 3. DEFINITIONS ................................................................................................... 14 Section 3.01 Authorized Hours ............................................................................................... 14 Section 3.02 Benefits .............................................................................................................. 14 Section 3.03 Benefit Earning Employees ............................................................................... 14 Section 3.04 Core Hours ......................................................................................................... 14 Section 3.05 Demotion............................................................................................................ 14 Section 3.06 Direct Deposit .................................................................................................... 14 Section 3.07 Employee ........................................................................................................... 14 Section 3.08 Exempt Employee .............................................................................................. 14 Section 3.09 FICA (Federal Insurance Contributions Act) .................................................... 14 Section 3.10 Fiscal Year ......................................................................................................... 14 Section 3.11 Full-Time Employee .......................................................................................... 14 Section 3.12 Hours of Operation “Office Hours” ................................................................... 15 Section 3.13 Management Employee ..................................................................................... 15 Section 3.14 Non-Exempt Employee ...................................................................................... 15 Section 3.15 Part-Time Employee .......................................................................................... 15 Section 3.16 Pay Period .......................................................................................................... 15 2 221698v1 Section 3.17 PERA (Public Employees Retirement Association) .......................................... 15 Section 3.18 Promotion ........................................................................................................... 15 Section 3.19 Reclassify ........................................................................................................... 15 Section 3.20 Seasonal Employee ............................................................................................ 15 Section 3.21 Service Credit / Time ......................................................................................... 15 Section 3.22 Temporary Employee......................................................................................... 16 Section 3.23 Training/Probationary Period............................................................................. 16 Section 3.24 Transfer .............................................................................................................. 16 Section 3.25 Weapons ............................................................................................................. 16 Section 3.26 Workweek .......................................................................................................... 16 Article 4. EMPLOYEE RECRUITMENT & SELECTION .............................................. 17 Section 4.01 Scope .................................................................................................................. 17 Section 4.02 Features of the Recruitment System .................................................................. 17 Section 4.03 Testing and Examinations .................................................................................. 17 Section 4.04 Pre-Employment Medical Exams ...................................................................... 17 Section 4.05 Selection Process ............................................................................................... 18 Section 4.06 Background Checks ........................................................................................... 18 Section 4.07 Training Period (see also 3.23) .......................................................................... 18 Article 5 ORGANIZATION ............................................................................................. 19 Section 5.01 Job Descriptions ................................................................................................. 19 Section 5.02 Assigning and Scheduling Work ....................................................................... 19 Section 5.03 Job Descriptions and Classifications ................................................................. 19 Section 5.04 Layoff ................................................................................................................. 19 Article 6. HOURS OF WORK ........................................................................................... 20 Section 6.01 Work Hours ........................................................................................................ 20 Section 6.02 Core Hours ......................................................................................................... 20 Section 6.03 Meal Breaks and Rest Periods ........................................................................... 20 Section 6.04 Adverse Weather Conditions ............................................................................. 20 Article 7. COMPENSATION ............................................................................................ 21 Section 7.01 Direct Deposit .................................................................................................... 21 Section 7.02 Improper Deduction and Overpayment Policy .................................................. 21 Section 7.03 Time Reporting .................................................................................................. 22 Section 7.04 Overtime / Compensatory Time......................................................................... 22 Section 7.05 Non-Exempt (Overtime-Eligible) Employees ................................................... 22 Section 7.06 Exempt (Non-Overtime-Eligible) Employees ................................................... 23 Section 7.07 Leave Policy for Exempt Employees ................................................................. 24 3 221698v1 Article 8. PERFORMANCE REVIEWS (See Appendix A for full policy and forms) ..... 25 Article 9. BENEFITS ......................................................................................................... 26 Section 9.01 Health, Dental, Life Insurance ........................................................................... 26 Section 9.02 Retirement/PERA .............................................................................................. 26 Section 9.03 Retirement/Deferred Compensation .................................................................. 26 Section 9.04 Retirement/OBRA.............................................................................................. 26 Section 9.05 Tuition Reimbursement (see Appendix B for detailed policy and forms) ......... 26 Section 9.06 Worker’s Compensation .................................................................................... 27 Article 10. HOLIDAYS ....................................................................................................... 28 Article 11. LEAVES OF ABSENCE ................................................................................... 29 Section 11.01 Sick Leave .......................................................................................................... 29 Section 11.02 Vacation Leave .................................................................................................. 31 Section 11.03 Funeral Leave..................................................................................................... 32 Section 11.04A Military Leave .................................................................................................... 32 Section 11.04B Military Leave for Family Members.................................................................. 33 Section 11.04C Military Leave for Family Member Injured or Killed in Active Service .......... 33 Section 11.04D Civil Air Patrol ................................................................................................... 33 Section 11.05 Jury Duty ............................................................................................................ 33 Section 11.06 Court Appearances ............................................................................................. 34 Section 11.07 Victim or Witness Leave ................................................................................... 34 Section 11.08 Job Related Injury or Illness .............................................................................. 34 Section 11.09 Pregnancy and Parenting Leave ......................................................................... 35 Section 11.10 Administrative Leave ......................................................................................... 35 Section 11.11 Adoptive Parents ................................................................................................ 35 Section 11.12 School Conference Leave .................................................................................. 35 Section 11.13 Bone Marrow/Organ Donation Leave ............................................................... 35 Section 11.14A Elections / Voting .............................................................................................. 36 Section 11.14B Delegates to Party Conventions ......................................................................... 36 Section 11.15 Regular Leave without Pay ................................................................................ 36 Section 11.16 Family and Medical Leave ................................................................................. 37 Section 11.17 Reasonable Work Time for Nursing Mothers .................................................... 38 Section 11.18 Light Duty/Modified Duty Assignment ............................................................. 38 Section 11.19 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy ............................................................................................................................ 39 Article 12. RESPECTFUL WORKPLACE POLICY.......................................................... 40 Section 12.01 Applicability ...................................................................................................... 40 4 221698v1 Section 12.02 Abusive Customer Behavior .............................................................................. 40 Section 12.03 Types of Disrespectful Behavior ....................................................................... 40 Section 12.04 Employee Response to Disrespectful Workplace Behavior .............................. 41 Section 12.05 Supervisor’s Response to Allegations of Disrespectful Workplace Behavior... 42 Section 12.06 Special Reporting Requirements........................................................................ 43 Section 12.07 Confidentiality ................................................................................................... 44 Section 12.08 Retaliation .......................................................................................................... 44 Article 13. POSSESSION AND USE OF DANGEROUS WEAPONS .............................. 46 Article 14. SEPARATION FROM SERVICE ..................................................................... 47 Section 14.01 Resignations ....................................................................................................... 47 Section 14.02 Severance Pay .................................................................................................... 47 Section 14.03 Post-Retirement Health Care Savings Plan........................................................ 47 Section 14.04 Continuation of Group Health and Dental Insurance ........................................ 47 Article 15. DISCIPLINE ...................................................................................................... 49 Section 15.01 General Policy .................................................................................................... 49 Section 15.02 No Contract Language Established .................................................................... 49 Section 15.03 Process ............................................................................................................... 49 Article 16. GRIEVANCE PROCEDURE ............................................................................ 51 Section 16.01 Waiver ................................................................................................................ 51 Article 17. EMPLOYEE EDUCATION & TRAINING ..................................................... 52 Section 17.01 Policy ................................................................................................................. 52 Section 17.02 Job-Related Training & Conferences................................................................. 52 Section 17.03 Job-Related Meetings......................................................................................... 52 Section 17.04 Request for Participation in Training & Conferences ........................................ 52 Section 17.05 Out of State Travel ............................................................................................. 52 Section 17.06 Compensation for Travel & Training Time ....................................................... 52 Section 17.07 Memberships and Dues ...................................................................................... 52 Section 17.08 Travel & Meal Allowance (see Appendix F for form) ...................................... 53 Article 18. OUTSIDE EMPLOYMENT .............................................................................. 54 Article 19. DRUG FREE WORKPLACE............................................................................ 55 Article 20. CITY DRIVING POLICY ................................................................................. 56 Section 20.01 Records Review. ................................................................................................ 56 Section 20.02 Cell Phone use while driving. ............................................................................ 56 Article 21. CITY TECHNOLOGY (See Appendix D. Iformation Technology Forms) ..... 57 Section 21.01 Purpose ............................................................................................................... 57 Section 21.02 General Information ........................................................................................... 57 5 221698v1 Section 21.03 Personal Use....................................................................................................... 57 Section 21.04 IT Hardware ....................................................................................................... 58 Section 21.05 IT Software ........................................................................................................ 58 Section 21.06 Electronic Mail................................................................................................... 58 Section 21.07 Electronic Calendars. ......................................................................................... 59 Section 21.08 Personal Devices. ............................................................................................... 59 Section 21.09 Security. ............................................................................................................. 59 Section 21.10 Internet. .............................................................................................................. 60 Section 21.11 Data Retention. .................................................................................................. 60 Section 21.12 Electronic Mobile devices (including Cell Phones)........................................... 61 Section 21.13 Cell Phone Monthly Allowance Election. ......................................................... 61 Section 21.14 Procedures .......................................................................................................... 62 Section 21.15 Responsibility .................................................................................................... 62 Article 22. SAFETY ............................................................................................................ 63 Section 22.01 Reporting Accidents and Illnesses ..................................................................... 63 Section 22.02 Safety Equipment/Gear ...................................................................................... 63 Section 22.03 Unsafe Behavior................................................................................................. 63 Section 22.04 Access to Gender-Segregated Activities and Areas ........................................... 63 Article 23. EMPLOYEE RECOGNITION .......................................................................... 64 Section 23.01 Service Recognition ........................................................................................... 64 Section 23.02 Service Awards .................................................................................................. 64 Appendix A. Performance Evaluation Process and Forms...................................................... 66 Appendix B. Tuition Reimbursement Policy and Forms ........................................................ 92 Appendix C. Website Policy ................................................................................................... 96 Appendix D. Information Technology Forms ......................................................................... 99 Appendix F. Expense/Reimbursement Report ...................................................................... 107 Appendix G. Position Reclassification Guidelines and Process............................................ 109 Appendix H. Flexible Work Arrangement Policy ................................................................. 115 Appendix I. Credit Card Policy............................................................................................ 123 6 221698v1 Article 1. INTRODUCTION Section 1.01 Purpose It is the purpose of these policies to establish a uniform and equitable system of personnel administration for employees of the city of Orono. Their provisions do not establish terms and shall not be construed as contractual provisions. They are not intended to be all-inclusive or to cover every situation that may arise. These policies may be amended at any time at the sole discretion of the city and they will supersede all previous personnel policies. Revisions and amendments shall become effective upon approval by the Orono City Council. Except as otherwise prohibited by law, the City of Orono has the right to terminate any employee at any ti me for any or no reason. Employees may similarly terminate employment at any time for any reason. Section 1.02 Scope These policies apply to all employees of the city. Except where specifically noted, these policies do not apply to: 1. Elected officials 2. City attorney 3. Members of city boards, commissions, and committees 4. Consultants and contractors 5. Volunteers, except as specifically noted for paid-per-call firefighters. If any specific provisions of the personnel policies conflict with any current union agreement or civil service rules, the union agreement or civil service rules will prevail. Union employees are encouraged to consult their collective bargaining agreement first for information about their employment conditions. Nothing in these policies is intended to modify or supersede any applicable provision of state or federal law. These policies serve as an information guide to help employees become better informed and to make their experience with the City more rewarding. Departments may have special work rules deemed necessary by the supervisor and approved by the city administrator for the achievement of objectives of that department. Each employee will be given a copy of such work rules by the department upon hiring and such rules will be further explained, and enforcement discussed with the employee by the immediate supervisor. Section 1.03 EEO Policy Statement The City of Orono is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-off, disciplinary action, termination, compensation and selection for training. The City of Orono will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission. Section 1.04 Data Practices Advisory 7 221698v1 Employee records are maintained in a location designated by the city administrator. Personnel data is retained in personnel files, finance files, and benefit/medical files. Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc. Employees have the right to know what data is retained, where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act. Section 1.05 Media Requests All city employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. Requests for private data or information outside of the scope of an individual’s job duties should be routed to the appropriate department or to the data practices authority. Any employee who identifies a mistake in reporting should bring the error to the city administrator or other appropriate staff. Regardless of whether the communication is in the employee’s official city role or in a personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc. Except for routine events and basic information readily available to the public, all requests for interviews or information from the media are to be routed through the city administrator. No city employee is authorized to speak on behalf of the city without prior authorization from the city administrator or his/her designee. Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, social media postings, and websites. When responding to media requests, employees should follow these steps: 1. If the request is for routine or public information (such as a meeting time or agenda), provide the information and notify the city administrator of the request. 2. If the request is regarding information about city personnel, potential litigation, controversial issues, an opinion on a city matter, or if an employee is unsure if the request is a “routine” question, forward the request to the city administrator. An appropriate response would be, “I’m sorry, I don’t have the full information regarding that issue. Let me take some basic information and submit your request to the appropriate person, who will get back to you as soon as he/she can.” Then ask the media representative’s name, questions, deadline, and contact information. All news releases concerning city personnel will be the responsibility of the city administrator. When/if the city administrator authorizes a staff person to communicate on behalf of the city in interviews, publications, news releases, on social media sites, and related communications, employees must: • Identify themselves as representing the city. Account names on social media sites must be clearly connected to the city and approved by the city administrator. • Be respectful, professional, and truthful when providing information. In most cases, only factual information (not opinions or editorial comments) should be provided: “The city finished 8 221698v1 street cleaning on 16 streets in the northwest corner of the city this past week” instead of “The city is doing a great job with street cleaning this year!” Corrections must be issued when needed. • Generally, not include personal opinions in official city statements. One exception is communications related to promoting a city service. For example, an employee could post the following on the city’s Facebook page: “My family visited Hill Park this weekend and really enjoyed the new band shelter.” Employees who have been approved to use social media sites on behalf of the city should seek assistance from the city administrator on this topic. • Notify the city administrator if they will be using their personal technology (cell phones, home computer, cameras, etc.) for city business. Employees should be aware that data transmitted or stored may be subject to the Minnesota Government Data Practices Act. Section 1.06 Personal Communications and Use of Social Media It is important for city employees to remember that the personal communications of employees may reflect on the city, especially if employees are commenting on city business or commenting on issues that implicate their city employment. As city representatives, employees share in the responsibility of earning and preserving the public’s trust in the city. An employee’s own personal communications, such as on social media, can have a significant impact on the public’s belief that all city staff will carry out city functions faithfully and impartially and without regard to factors such as race, sex/gender, religion, national origin, disability, sexual orientation, or other protected categories. Non- personal communications (performed within one’s job duties) to members of the public must be professional at all times. The following guidelines apply to personal communications, including various forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), letters to the editor of newspapers, and personal endorsements: • Do not share any private or confidential information you have access to as a result of your city position. • Any personal communications made on a matter of public concern must not disrupt the efficiency of the city’s operation, including by negatively affecting morale. Put another way, such public comments must not undermine any city department’s ability to effectively serve the public. Disruptive personal communications can include liking or republishing (sharing/retweeting) a social media post of another individual or entity. The City can act on the personal communication that violates this policy without waiting for the actual disruption. • Remember what you write or post cannot easily be undone. It may also be spread to larger audience than you intended. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information or photos you would not want your boss or other employees to read, or you would be embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation concerning a co-worker or between co- workers that would not be permissible in the workplace is not permissible online, even if it is done after hours, from home and on home computers. • The City of expects its employees to be fair, courteous, and respectful to supervisors, co- workers, citizens, customers, and other persons associated with the city. Avoid using statements, photographs, video or audio that reasonably may be viewed as malicious, obscene, threatening or intimidating, disparaging, or might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of sex, race, national origin, age, color, creed, religion, disability, marital status, familial status, veteran status, sexual orientation, gender identity, 9 221698v1 or gender expression, status with regard to public assistance or membership or activity in a local human rights commission. • If you publish something related to city business and there is liable to be confusion whether you are speaking on behalf of the city, it would be best to identify yourself and use a disclaimer such as, “These are my own opinions and do not represent those of the city of Orono.” • City resources, working time, or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. Some examples: a building inspector could not use the city’s logo, email, or working time to promote his/her side business as a plumber; a parks employee should not access a park after hours even though he or she may have a key; a clerk, while working at City Hall, should not campaign for a friend who is running for City Council. • Personal social media account name or email names should not be tied to the city (e.g., Orono Cop). 10 221698v1 Article 2. CITYWIDE WORK RULES & CODE OF CONDUCT Section 2.01 Conduct as a City Employee In accepting city employment, employees become representatives of the city and are responsible for assisting and serving the citizens for whom they work. An employee’s primary responsibility is to serve the residents of the Orono. Employees should exhibit conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To achieve this goal, employees must adhere to established policies, rules, and procedures and follow the instructions of their supervisors. Honesty is an important organizational attribute to our city. Therefore, any intentional misrepresentation of facts or falsification of records, including personnel records, medical records, leaves of absence documentation or the like, will not be tolerated. Further, dishonesty in city positions may preclude workers from effectively performing their essential job duties. The following are job requirements for every position at the city of Orono. All employees are expected to: • Perform assigned duties to the best of their ability at all times. • Render prompt and courteous service to the public at all times. • Read, understand, and comply with the rules and regulations as set forth in these personnel policies as well as those of their departments. • Conduct themselves professionally toward both residents and staff and respond to inquiries and information requests with patience and every possible courtesy. • Report any and all unsafe conditions to the immediate supervisor. • Maintain good attendance while meeting the goals set by an employee’s supervisor. Section 2.02 Attendance & Absence The operations and standards of service in the city of Orono require that employees be at work unless valid reasons warrant absence, or an employee has a position that has been approved to work remotely. In order for a team to function efficiently and effectively, employees must fully understand the goals that have been set for them and the time required to be on the job. Understanding attendance requirements is an essential function of every city position. Employees who are going to be absent from work are required to notify their supervisor as soon as possible in advance of the absence. In the event of an unexpected absence, employees should contact their supervisor before the scheduled starting time and keep in mind the following procedures: • If the supervisor is not available at the time, the employee should leave a message that includes a telephone number where he/she can be reached and/or contact any other individual who was designated by the supervisor. • Failure to use the established reporting process will be grounds for disciplinary action. • The employee must notify the supervisor on each day of an absence extending beyond one (1) day unless arrangements otherwise have been made with the supervisor. • Employees who are absent for three (3) days or more and who do not report the absence in accordance with this policy, will be considered to have voluntarily resigned not in good standing. • The city may waive this rule if extenuating circumstances warranted such behavior. This policy does not preclude the city from administering discipline for unexcused absences of less than three days. Individual departments may establish more specific reporting procedures. 11 221698v1 For budgetary and confidentiality reasons, non-exempt employees (eligible for overtime pay) are not authorized to take work home or work through lunch without prior approval from their supervisor. Section 2.03 Access to and Use of City Property Any employee who has authorized possession of keys, tools, cell phones, pagers, or other city-owned equipment must register his/her name and the serial number (if applicable) or identifying information about the equipment with his/her supervisor. All such equipment must be turned in and accounted for by any employee leaving employment with the city in order to resign in good standing. Employees are responsible for the safekeeping and care of all such equipment. The duplication of keys owned by the city is prohibited unless authorized by the city administrator. Any employee found having an unauthorized duplicate key will be subject to disciplinary action. Section 2.04 Appearance The City of Orono has established a business casual dress code policy. While City employees are not required to wear what is traditionally considered formal business attire, appropriate standards of professionalism must be followed. Employees are expected to maintain a clean and neat appearance at all times, dressing in a manner appropriate for the work being performed and consistent with safety rules and considerations. Employees of the City are required to dress appropriately for the jobs they are performing. This policy shall apply when employees are engaging in official City business or are otherwise representing the City. Failure to adhere to this policy may result in appropriate disciplinary action, up to and including termination of employment. All employees are representatives of the City and therefore dress and appearance should: • Present a professional or identifiable appearance for external and internal customers as well as the public. • Promote a positive working environment. • Limit distractions caused by inappropriate dress. • Ensure and promote safety while at work. • Dress in a manner that is normally accepted in comparable operations. Appropriate Attire: • Neat and Well-Groomed — during working hours, employees should appear neat and professional at all times. Employees are expected to be suitably attired and well groomed, and ensure that their clothing is clean, ironed and not torn, ripped or stained. • Professional Attire — Employees should use common sense and good judgment in determining what to wear to work. Generally, if the employee is doubtful about some clothing, it is not appropriate. • Where uniforms are required, they must be worn during work hours. The uniforms should be neat and clean when the employee arrives for work. Each department is responsible for seeing to it that employees follow regulations regarding uniforms, related accessories and equipment. Uniforms bearing City identification patch should not be worn during off-duty hours. • Personal Protective Equipment (PPE): The City will provide employees, whose duties require it, with personal protective equipment. Employees are responsible for keeping the equipment in operable conditions and wearing it appropriately in the performance of their duties. • Job Specific — this dress code policy is a general guideline, but employees should take into consideration any job specific safety concerns or requirements. Employees who regularly 12 221698v1 lift machinery or heavy materials should not wear dangling clothing or jewelry that may get caught in machinery and should wear comfortable, slip-resistant, safety shoes at all times. • Good personal hygiene is required. • Attire and footwear must be appropriate for work setting, particularly if there is public contact. • Department Heads have discretion to further expand on what is considered appropriate attire within their respective departments/divisions. Prohibited Attire: Some attire is unacceptable for work at any time. The following list provides some examples, although it is not a complete list: • Any clothing or accessories that include an offensive word, message or slogan or picture directed at race, sexual orientation, gender, age, religion, disability, or is otherwise considered to be offensive or harassing in some way. • Cut-offs or shorts • Gym wear or beachwear • Clothing that reveals the employee's under garments • Spandex or Lycra gym wear tops or bottoms • Tank tops, tube tops, halter-tops, or shirts with spaghetti straps. • Off the shoulder tops • Lounge wear (i.e. pajama pants) • Sweatshirts or sweatpants • Miniskirts • Flip-flops • Any clothing that reveals the employee's stomach, full back, cleavage, or chest, or otherwise revealing attire. • If logos are on clothing, these logos should not promote contractors or vendors that may conduct business with the City. Employees are expected to comply with the City dress code policy, maintaining an appropriate image for the workplace any time they are at work or otherwise representing the City, such as during professional association meetings and business travel. Employees who need an accommodation associated with a protected status such as religion or disability should speak to the City Administrator to obtain approval to deviate from this policy. Employees may dress in accordance with their gender identity, within the constraints of the dress codes adopted by the city. City staff shall not enforce the dress code more strictly against transgender and gender diverse employees than other employee Section 2.05 Conflict of Interest City employees are to remove themselves from situations in which they would have to take action or make a decision where that action or decision could be a perceived or actual conflict of interest or could result in a personal benefit for themselves or a family member. If an employee has any question about whether such a conflict exists, he/she should consult with the city administrator. Section 2.06 Falsification of Records Any employee who makes false statements or commits, or attempts to commit, fraud in an effort to prevent the impartial application of these policies, will be subject to immediate disciplinary action up to and including termination and potential criminal prosecution. 13 221698v1 Section 2.07 Personal Communications Personal telephone calls and electronic communications are to be made or received only when truly necessary (e.g., family or medical emergency). They are not to interfere with city work and are to be completed as quickly as possible. Please refer to the cell phone policy for information on use of cellular phones. (See Appendix C for additional information) Section 2.08 Political Activity City employees have the right to express their views and to pursue legitimate involvement in the political system. However, no city employee will directly or indirectly, during hours of employment, solicit or receive funds for political purposes. Further, any political activity in the workplace must be pre-approved by the city to avoid any conflict of interest or perception of bias such as using authority or political influence to compel another employee to apply for or become a member in a political organization. Section 2.09 Smoking The city of Orono observes and supports the Minnesota Clean Indoor Air Act. All city buildings and vehicles, in their entirety, shall be designated as tobacco free, meaning that smoking in any form through the use of tobacco or canabinoid products such as pipes, cigars, and cigarettes or “vaping” with e-cigarettes is prohibited while in a city facility or vehicle. Smoking of any kind, including pipes, cigars, cigarettes, vaping with e-cigarettes, and the use of chewing tobacco, is prohibited for employees while on duty. Employees 21 and over are allowed to smoke only during their breaks and lunch, and only in areas designated for that purpose. 14 221698v1 Article 3. DEFINITIONS For purposes of these policies, the following definitions will apply: Section 3.01 Authorized Hours The number of hours an employee was hired to work. Actual hours worked during any given pay period may be different than authorized hours, depending on workload demands or other factors, and upon approval of the employee’s supervisor. Section 3.02 Benefits Privileges granted to qualified employees in the form of paid leave and/or insurance coverage. Section 3.03 Benefit Earning Employees Employees who are eligible for at least a pro-rated portion of city-provided benefits such as vacation and sick leave. Such employees must be year-round employees who work at least 20 hours per week on a regular basis. Section 3.04 Core Hours The core hours that all employees (exempt and non-exempt) are expected to work are 9 a.m. to 3:30 p.m., Monday through Friday. Police, fire, parks and public works employees do not have core hours and work the schedules established by their supervisors. Section 3.05 Demotion The movement of an employee from one job class to another within the city, where the maximum salary for the new position is lower than that of the employee’s former position. Section 3.06 Direct Deposit As permitted by state law, all city employees are required to participate in direct deposit. Section 3.07 Employee An individual who has successfully completed all stages of the selection process, including the training period. Section 3.08 Exempt Employee Employees who are not covered by the overtime provisions of the federal or state Fair Labor Standards Act. Section 3.09 FICA (Federal Insurance Contributions Act) FICA is the federal requirement that a certain amount be automatically withheld from employees’ earnings. Specifically, FICA requires an employee contribution of 6.2 percent for Social Security and 1.45 percent for Medicare. The city contributes a matching 7.65 percent on behalf of each employee. Certain employees are exempt or partially exempt from these withholdings (e.g., police officers). These amounts may change if required by law. Section 3.10 Fiscal Year The period from Jan. 1 to Dec. 31. Section 3.11 Full-Time Employee 15 221698v1 Employees who are required to work forty (40) or more hours per week year-round in an ongoing position. Section 3.12 Hours of Operation “Office Hours” The city’s regular hours of operation are Monday through Friday, from 8 a.m. to 4:30 p.m. Section 3.13 Management Employee An employee who is responsible for managing a department or division of the city. Section 3.14 Non-Exempt Employee Employees who are covered by the federal or state Fair Labor Standards Act. Such employees are normally eligible for overtime at 1.5 times their regular hourly wage for all hours worked over forty (40) in any given workweek. Section 3.15 Part-Time Employee Employees who are required to work less than forty (40) hours per week year-round in an ongoing position. In accordance with federal health care reform laws and regulations, the city shall offer health insurance benefits to eligible employees and their dependents that work on average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more per month. In order to comply with health care reform law while avoiding penalties, part-time employees will be scheduled with business needs and in a manner that ensures positions retain part-time status as intended. Section 3.16 Pay Period A fourteen (14) day period beginning at 12 a.m. (midnight) on Monday through 11:59 p.m. on Sunday, fourteen (14) days later. Section 3.17 PERA (Public Employees Retirement Association) Statewide pension program in which all city employees meeting program requirements must participate in accordance with Minnesota law. The city and the employee each contribute to the employee’s retirement account. Section 3.18 Promotion Movement of an employee from one job class to another within the city, where the maximum salary for the new position is higher than that of the employee’s former position. Section 3.19 Reclassify (see Appendix G for detailed guidelines and process) Movement of a job from one classification to another classification because of a significant change in the position’s duties and responsibilities. Section 3.20 Seasonal Employee Employees who work only part of the year (185 days or less, or earn less than $5,100.00) to conduct seasonal work. Seasonal employees may be assigned to work a full-time or part-time schedule. Seasonal employees do not earn benefits or credit for seniority. Section 3.21 Service Credit / Time 16 221698v1 Time worked for the city. An employee begins earning service credit on the first day worked for the city. Some forms of leave will create a break in service. Section 3.22 Temporary Employee Employees who work in temporary positions. Temporary jobs might have a defined start and end date or may be for the duration of a specific project. Temporary employees may be assigned to work a full-time or part-time schedule. Temporary employees do not earn benefits or credit for seniority. Section 3.23 Training/Probationary Period A twelve-month period at the start of employment with the city or at the beginning of a promotion, reassignment, or transfer that is designated as a period within which to learn the job, unless covered by a collective bargaining agreement stating a different time frame. The training period is an integral extension of the city’s selection process and is used by supervisors for closely observing an employee’s work. An employee serving his/her initial probationary period may be disciplined at the sole discretion of the city, up to and including dismissal. An employee so disciplined, including dismissal, will not have any grievance rights. Nothing in this policy handbook shall be construed to imply that after completion of the probationary period, an employee has any vested interest or property right to continued city employment. Time served in temporary, seasonal, volunteer or interim positions are not considered part of the probationary period. If an emergency arises during an employee’s probationary period which requires a leave of absence, such time off, if granted, will not be considered as time worked, and the probationary period will be extended by the length of time taken. Section 3.24 Transfer Movement of an employee from one city position to another of equivalent pay. Section 3.25 Weapons Weapons are defined to include all legal or illegal firearms, switchblade knives, or any other object that has been modified to serve as a weapon or that has the primary purpose of serving as a weapon. Section 3.26 Workweek A workweek is seven consecutive 24-hour periods. For most employees the workweek will run from Monday through the following Sunday. With the approval of the city administrator, departments may establish a different workweek based on coverage and service delivery needs (e.g., police department, fire department, park and recreation department). 17 221698v1 Article 4. EMPLOYEE RECRUITMENT & SELECTION Section 4.01 Scope The city administrator or a designee will manage the hiring process for positions within the city. While the hiring process may be coordinated by staff, the City Council is responsible for the final hiring decision and must approve all hires to city employment. All hires will be made according to merit and fitness related to the position being filled. Section 4.02 Features of the Recruitment System The city administrator or designee will determine if a vacancy will be filled through an open recruitment or by promotion, transfer, or some other method. This determination will be made on a case-by-case basis. The majority of position vacancies will be filled through an open recruitment process. Application for employment will generally be made online. Other materials in lieu of a formal application may be accepted in certain recruitment situations as determined by the city administrator or designee. Supplemental questionnaires may be required in certain situations. All candidates must complete and submit the required application materials by the posted deadline, in order to be considered for the position. The deadline for application may be extended by the city administrator. Unsolicited applications will not be kept on file. Position vacancies may be filled on an “acting” basis as needed. The City Council will approve all acting appointments. Pay rate adjustments, if any, will be determined by the City Council. Section 4.03 Testing and Examinations Applicant qualifications will be evaluated in one or more of the following ways: training and experience rating; written test; oral test or interview; performance or demonstrative test; physical agility test; or another appropriate job-related exam. Internal recruitments will be open to any city employee who: (1) has successfully completed the initial training period; (2) meets the minimum qualifications for the vacant position; and (3) currently is and for the past year has been in good standing with the city. The City Council or designee will establish minimum qualifications for each position with input from the appropriate supervisor. To be eligible to participate in the selection process, a candidate must meet the minimum qualifications. Section 4.04 Pre-Employment Medical Exams The city administrator or designee may determine that a pre-employment medical examination, which may include a psychological evaluation, is necessary to determine fitness to perform the essential functions of any city position. Where a medical examination is required, an offer of employment is contingent upon successful completion of the medical exam. When a pre-employment medical exam is required, it will be required of all candidates who are finalists and/or who are offered employment for a given job class. Information obtained from the medical exam will be treated as confidential medical records. 18 221698v1 When required, the medical exam will be conducted by a licensed physician designated by the city with the cost of the exam paid by the city. (Psychological/psychiatric exams will be conducted by a licensed psychologist or psychiatrist). The physician will notify the city administrator or designee that a candidate either is or isn’t medically able to perform the essential functions of the job, with or without accommodations, and whether the candidate passed a drug test, if applicable. If the candidate requires accommodation to perform one or more of the essential functions of the job, the city administrator or designee will confer with the physician and candidate regarding reasonable and acceptable accommodations. If a candidate is rejected for employment based on the results of the medical exam, he/she will be notified of this determination. Section 4.05 Selection Process The selection process will be a cooperative effort between the city administrator or designee and the hiring supervisor, subject to final hiring approval of the City Council. Any, all, or none of the candidates may be interviewed. The process for hiring seasonal and temporary employees may be delegated to the appropriate supervisor with each hire subject to final City Council approval. Except where prohibited by law, seasonal and temporary employees may be terminated by the supervisor at any time, subject to City Council approval. The city has the right to make the final hiring decision based on qualifications, abilities, experience and city of Orono needs. Section 4.06 Background Checks All finalists for employment with the city will be subject to a background check to confirm information submitted as part of application materials and to assist in determining the candidate’s suitability for the position. Except where already defined by state law, the city administrator will determine the level of background check to be conducted based on the position being filled. Section 4.07 Training Period (see also 3.23) The training period is an integral part of the selection process and will be used for the purpose of closely observing the employee’s work and for training the employee in work expectations. Training periods apply to new hires, transfers, promotions, and rehires. Training periods are twelve months in duration, but may be extended by, for example, an unpaid leave of absence. 19 221698v1 Article 5 ORGANIZATION Section 5.01 Job Descriptions The city will maintain job descriptions for each regular position. New positions will be developed as needed but must be approved by the City Council prior to the position being filled. A job description is prepared for each position within the city. Each job description will include: position title, department, supervisor’s title, FLSA status (the city administrator will determine whether each employee is designated as “exempt” or “non-exempt” based on guidance provided by the FLSA(employees in executive, administrative, and professional job classes are generally exempt; all others are non-exempt)), primary objective of the position, essential functions of the position, examples of performance criteria, minimum requirements, desirable training and experience, supervisory responsibilities (if any), and extent of supervisory direction or guidance provided to position. In addition, job descriptions may also describe the benefits offered and potential career path opportunities as a means to entice a qualified pool of applicants. Good attendance and compliance with work rules and policies are essential functions of all city positions. Prior to posting a vacant position the existing job description is reviewed by the city administrator or designee and the hiring supervisor to ensure the job description is an accurate reflection of the position and the stated job qualifications do not present artificial barriers to employment. A current job description is provided to each new employee. Supervisors are responsible for revising job descriptions as necessary to ensure that the position’s duties and responsibilities are accurately reflected. All revisions are reviewed and must be approved by the city administrator. Section 5.02 Assigning and Scheduling Work Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the respective department head. Section 5.03 Job Descriptions and Classifications Assignment of job titles, establishment of minimum qualifications, and the maintenance of job descriptions and related records is the responsibility of the city administrator. Section 5.04 Layoff In the event it becomes necessary to reduce personnel, temporary employees and those serving a probationary period in affected job classes will be terminated from employment with the city before other employees in those job classes. Within these groups, the selection of employees to be retained will be based on merit and ability as determined by the city administrator, subject to approval of the City Council. When all other considerations are equal, the principle of seniority will apply in layoffs and recall from layoffs. 20 221698v1 Article 6. HOURS OF WORK Section 6.01 Work Hours Employee work schedules will be established by supervisors with the approval of the city administrator. The regular workweek for full time employees is five eight-hour days in addition to a lunch period, Monday through Friday, except as otherwise approved by the department head in accordance with the customs and needs of the individual departments. Flex-time schedules and opportunities to work remotely may be established only with the approval of the department head and City Administrator. (See Appendix H for Flexible Work Schedule Policy) Each employee must adhere to a schedule which has been established by taking into consideration the department work load and necessary services provided by the City. Such hours cannot be less than the minimum hours described in this policy, but may vary for shift requirements and other times deemed necessary to properly provide City services beyond regular business hours. All overtime must be approved by the appropriate department head or the department head's designee prior to being worked. (See policy on overtime payment.) For payroll purposes, overtime will be rounded off to the nearest quarter (1/4th) of an hour. Section 6.02 Core Hours To ensure employee availability and accountability to the public the city serves, all full-time employees (exempt and non-exempt) are to be at work or available to the public and co-workers during the hours of 9:00 a.m. to 3:30 p.m., Monday through Friday, unless away from the work site for a work-related activity or on approved leave. This does not apply to shift workers. Section 6.03 Meal Breaks and Rest Periods A paid fifteen-minute break is allowed within each four consecutive hours of work. An unpaid thirty- minute lunch period is provided when an employee works eight or more consecutive hours. Employees are expected to use these breaks as intended and will not be permitted to adjust work start time, end time, by saving these breaks. Employees will normally take their break in the immediate vicinity of their job site or the location of work. Exceptions must be approved by the supervisor or city administrator. Departments with unique job or coverage requirements may have additional rules, issued by the supervisor and subject to approval of the city administrator, on the use of meal breaks and rest periods. Section 6.04 Adverse Weather Conditions City facilities will generally be open during adverse weather. When it is necessary to close operations, employees will be paid for the hours closed as approved at the discretion of the City Administrator. Department heads will contact their employees with the closing information as soon as it is known. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees will be allowed to use accrued vacation time or compensatory time, or with supervisor approval, may modify the work schedule or make other reasonable schedule adjustments. Sworn police officers and public works maintenance employees will generally be required to report to work regardless of conditions. 21 221698v1 Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the respective supervisor or the city administrator. Article 7. COMPENSATION The regular payday for all City employees is on alternating Fridays. The payroll is calculated for the two-week period ending the Sunday prior to the Friday payday. When a payday falls on an official holiday, employees will receive their pay on the preceding work day. Full-time employees of the city will be compensated according to schedules adopted annually by the City Council; or included in approved labor contracts. Compensation for seasonal and temporary employees will be set by the City Council at the time of hire, or on an annual basis. Unless approved by the Council, employees will not receive any amount from the city in addition to the pay authorized for the positions to which they have been appointed. Expense reimbursement or travel expenses may be authorized in addition to regular pay. Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. While the Minnesota Government Data Practices Act (Minn. Stat. §13.43), specifically lists an employee’s actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end, and in accordance with Minn. Stat. §181.172, employers may not: • Require nondisclosure by an employee of his or her wages as a condition of employment. • Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee’s wages. • Take any adverse employment action against an employee for disclosing the employee’s own wages or discussing another employee’s wages which have been disclosed voluntarily. • Retaliate against an employee for asserting rights or remedies under Minn. Stat. §181.172, subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee’s remedies under the Wage Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at (651) 284-5070 or (800) 342-5354. Section 7.01 Direct Deposit As provided for in Minnesota law, all employees are required to participate in direct deposit. Employees are responsible for notifying the Finance Department of any change in status, including changes in address, phone number, names of beneficiaries, marital status, etc. When possible, it is recommended that employees make these changes through the payroll portal. Section 7.02 Improper Deduction and Overpayment Policy If an employee believes that an improper deduction or overpayment, or another type of error, has been made, he/she should immediately contact his/her supervisor. If the city determines it has made an improper deduction from a paycheck, it will reimburse the employee for the improper amount deducted and take good faith measures to prevent improper deductions from being made in the future. 22 221698v1 In cases of improper overpayments, employees are required to promptly repay the City in the amount of the overpayment. The employee can write a personal check or authorize a reduction in pay to cover the repayment. Once the overpayment has been recovered in full, the employee’s year to date earnings and taxes will be adjusted (so that the year’s Form W-2 is correct) and the paying department will receive the corresponding credit. When an overpayment occurs, the repayment must be made within the same tax year. In the exceptional situation where the overpayment occurs in one tax year and is not discovered until the next year, the overpayment must be repaid in the year it is discovered, but there will be additional steps and paperwork required. Any overpayments not repaid in full within the calendar year of the overpayment are considered “prior year overpayments” and the employee must repay not only for the net amount of the overpayment, but also the federal and state taxes the city has paid on their behalf. The city is able to recover the overpaid Social Security and Medicare taxes. Accordingly, the city will not require the employee to repay those taxes provided the employee provides a written statement that he/she will not request a refund of the taxes. The overpayment amount will remain taxable in the year of the overpayment since the employee had access to the funds. The employee is not entitled to file an amended tax return for the year but may be entitled to a deduction or credit with respect to the repayment in the year of repayment. Employees should contact their tax advisors for additional information. Section 7.03 Time Reporting The City uses an electronic time reporting system. Non-exempt employees will be paid according to the time reported in the time-keeping system. Exempt employees will be paid according to their annual salaries, but should record actual time worked for budgeting purposes. To comply with the provisions of the federal and state Fair Labor Standards Acts, hours worked, and any leave time used by non-exempt employees are to be recorded daily and submitted to payroll on a bi-weekly basis. Each time reporting form must include the digital approval of the employee and immediate supervisor. Reporting false information on a time report may be cause for immediate termination. Section 7.04 Overtime / Compensatory Time The city of Orono has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. For payroll purposes, overtime will be rounded to the nearest one-quarter (1/4) of an hour. All employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. Section 7.05 Non-Exempt (Overtime-Eligible) Employees All overtime-eligible employees will be compensated at the rate of time-and-one-half for all hours worked over 40 in one workweek. Sworn law enforcement personnel engaged in law enforcement activities will be paid overtime for hours worked above 171 hours in a continuous 28 day pay period. Vacation, sick leave, and paid holidays do not count toward “hours worked.” Compensation will take the form of either time-and-one-half pay or compensatory time. Compensatory time is paid time off at the rate of one-and-one-half hours off for each hour of overtime worked. 23 221698v1 For most employees the workweek begins at 12:00 a.m. on Monday and runs until the following Sunday night at 11:59 p.m. Supervisors may establish a different workweek based on the needs of the department, subject to the approval of the city administrator. The employee’s supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. Overtime earned will be paid at the rate of time-and-one-half on the next regularly scheduled payroll date. However, the employee may indicate on their time report that the overtime earned is to be recorded as compensatory time in lieu of payment. Compensatory time can be used for approved paid time off. All compensatory time over the maximum carry over (see contracts) will be paid to the employee by the end of the year at the hourly pay rate the employee is earning at that time of payout. All compensatory time will be recorded as such on official time reports, both when it is earned and when it is used. Section 7.06 Exempt (Non-Overtime-Eligible) Employees Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountability, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra pay for the hours worked over 40 in one workweek. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full weekly salary for any week in which any work is performed. The city o f Orono will only make deductions from the weekly salary of an exempt employee in the following situations: • The employee is in a position that does not earn vacation or personal leave and is absent for a day or more for personal reasons other than sickness or accident. • To offset compensation received for military pay. If an employee works part of the week in military service, the city still must pay the entire week salary to the employee, but the city could offset the amount of the military pay for the week against the employee’s salary. • The employee is in a position that earns sick leave, receives a short-term disability benefit or workers’ compensation wage loss benefits, and is absent for a full day due to sickness or disability, but he/she is either not yet qualified to use the paid leave or he/she has exhausted all of his/her paid leave. • The employee is absent for a full workweek and, for whatever reason, the absence is not charged to paid leave (for example, a situation where the employee has exhausted all of his/her paid leave or a situation where the employee does not earn paid leave). • The very first workweek or the very last workweek of employment with the city in which the employee does not work a full week. In this case, the city will prorate the employee’s salary based on the time actually worked. • The employee is in a position that earns paid leave and is absent for a partial day due to personal reasons, illness, or injury, but: 24 221698v1 o Paid leave has not been requested or has been denied. o Paid leave is exhausted. o The employee has specifically requested unpaid leave. • The employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all employees. • The employee takes unpaid leave under the FMLA. • The city may, for budgetary reasons, implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the weekly salary of an exempt employee. In this case, the employee will be treated as non-exempt for any workweek in which the budget-related deductions are made. The city of Orono will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness but will require the employee to pay back to the city any amounts received by the employee as jury fees or witness fees. If the city inadvertently makes an improper deduction to the weekly salary of an exempt employee, the city will reimburse the employee and make appropriate changes to comply in the future. If an employee thinks that a wage deduction was made in error, please contact the resource management technician promptly. Section 7.07 Leave Policy for Exempt Employees Exempt employees are required to work the number of hours necessary to fulfill their responsibilities including evening meetings and/or on-call hours. The normal hours of business for exempt staff are Monday through Friday, 8 a.m. to 4:30 p.m., plus evening meetings as necessary. Exempt employees are required to use paid leave when on personal business or away from the office for two hours or more, on a given day. Absences of less than two hours do not require use of paid leave if that the staff member regularly puts in work hours above and beyond the normal 8 a.m. to 4:30 p.m. Monday through Friday requirement. Exempt employees must communicate their absence to their supervisor. If one of the above employees is regularly absent from work under this policy and it is found there is excessive time away from work that is not justified, the situation will be handled as a performance issue. If it appears that less than forty hours per week is needed to fulfill the position’s responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the city. Additional notification and approval requirements may be adopted by the city administrator for specific situations as determined necessary. 25 221698v1 Article 8. PERFORMANCE REVIEWS (See Appendix A for full policy and forms) An objective performance review system will be established by the city administrator or designee for the purpose of periodically evaluating the performance of city employees. The quality of an employee’s past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. Performance reviews will be discussed with the employee. While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable using the city’s grievance process, other performance evaluation data, including subjective assessments, are not. For those parts of the performance evaluation system deemed not challengeable, an employee may submit a written response, which will be attached to the performance review. Performance reviews are to be scheduled on a regular basis, at least annually. The form, with all required signatures, will be retained as part of the employee’s personnel file. During the training period, informal performance meetings should occur frequently between the supervisor and the employee. Conducting these informal performance meetings provides both the supervisor and the employee the opportunity to discuss what is expected, what is going well and not so well. Signing of the performance review document by the employee acknowledges the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. 26 221698v1 Article 9. BENEFITS Section 9.01 Health, Dental, Life Insurance The city will contribute a monthly amount for each eligible employee into a section 125 cafeteria plan. At the time of hire, and during the annual open-enrollment period, employees have the option to select from the following benefits. Pretax: • Health Insurance • Dental Insurance • HSA Contribution • Medical FSA • Limited Medical FSA • Dependent Care FSA After Tax: • Supplemental Life • Short-Term Disability • Long-Term Disability In accordance with federal health care reform laws and regulations, while avoiding penalties, the city will offer health insurance benefits to eligible employees and their dependents that work on average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more per month. The amount to be contributed and the type of coverage will be determined annually by the City Council. For information about coverage and eligibility requirements, employees should refer to the summary plan description or contact the Finance Department. Section 9.02 Retirement/PERA The city participates in the Public Employees Retirement Association (PERA) to provide pension benefits for its eligible employees to help plan for a successful and secure retirement. Participation in PERA is mandatory for most employees, and contributions into PERA begin immediately. The city and the employee contribute to PERA each pay period as determined by state law. Members of PERA are also eligible to participate in a PERA life, a voluntary decreasing term life insurance plan. For information about PERA eligibility, contribution requirements, and PERA life, contact the Finance Department or PERA directly (mnpera.org). Section 9.03 Retirement/Deferred Compensation Benefit earning employees are also eligible to participate in the City’s Deferred Compensation Plan (457 Plans). The City currently offers plans form the Minnesota State Retirement System, Nationwide and Mission Square Retirement (formerly ICMA). Information on these plans can be found in the appendix. Section 9.04 Retirement/OBRA Temporary and Seasonal employees participate in OBRA 457 plan administered by Nationwide. Employees participating in an OBRA plan contribute 7.5% of their wage to the 457 plan and do not contribute to Social Security. The employees covered in this section still contribute to Medicare. Section 9.05 Tuition Reimbursement (see Appendix B for detailed policy and forms) 27 221698v1 To be considered for tuition reimbursement, the full time employee must be in good standing and have been employed by the city for at least one year.. Employees must submit the tuition reimbursement form to the City Administrator for consideration. Courses taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement: • Courses must be directly related to the employee’s present position (whether required for a degree program or not) OR • Educational goals must be aimed at completion of a certificate, undergraduate or graduate program. • Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position (whether part of a degree program or not). The city will pay the cost of tuition upon successful completion (C grade or better; “pass” in a pass/fail course) of the approved course. Reimbursements will be prorated for part-time employees. Employees must reimburse the city if they voluntarily leave employment within twelve months of receiving tuition reimbursement from the city. Tuition reimbursement for an individual employee is subject to funding availability. Section 9.06 Worker’s Compensation In accordance with the laws of the State of Minnesota, the City provides coverage for medical expenses in the event of work related injury or disease, plus partial salary continuation in the event of disability, and additional benefits if the injury or disease causes partial or permanent disability or death. Employees on a workers’ compensation related leave have the option use sick leave to up to the difference of the Workers’ Compensation salary continuation and the employees regular pay amount. In no case shall an employee’s workers’ compensation and sick leave use exceed their normal pay check. Employees are automatically covered under the workers' compensation plan as soon as employment begins. To be eligible for workers' compensation, the injury or disease must arise out of and occur during the course of employment. The City pays the entire cost of this protection. Benefits paid depend entirely on the benefit schedule set up by the State of Minnesota and applicable at the time the work related injury or disease is incurred. If an employee has a work-related injury or disease and is under a doctor's care, that employee cannot change doctors for treatment of this work-related injury or disease without first contacting the City’s workers' compensation company and obtaining approval to make this change. 28 221698v1 Article 10. HOLIDAYS The city observes the following official holidays for all regular full-time and part-time employees: New Year’s Day Labor Day Martin Luther King, Jr. Day Veterans Day Presidents Day Thanksgiving Day Memorial Day Friday after Thanksgiving Juneteenth Christmas Eve Independence Day Christmas Day One Designated Floating Holiday, to be set by the City Administrator Official holidays commence at the beginning of the first shift of the day on which the holiday is observed and continue for twenty-four hours thereafter. When a holiday falls on a Sunday, the following Monday will be the “observed” holiday and when a holiday falls on a Saturday, the preceding Friday will be the “observed” holiday for city operations/facilities that are closed on holidays. Full-time employees will receive pay for official holidays at their normal straight time rates, provided they are on paid status on the last scheduled day prior to the holiday and first scheduled day immediately after the holiday. Part-time employees will receive prorated holiday pay based on the number of hours normally scheduled. Any employee on a leave of absence without pay from the city is not eligible for holiday pay. Nonexempt employees who are required to be on duty on any holiday, or who agree to be on duty on any holiday will be compensated at one and one-half (1-1/2) times their regular rate of pay for all hours worked will be for hours worked on the “actual” holiday as opposed to the “observed” holiday. 29 221698v1 Article 11. LEAVES OF ABSENCE Depending upon an employee’s situation, more than one form of leave may apply during the same period of time (e.g., the Family and Medical Leave Act is likely to apply during a workers’ compensation absence). An employee will need to meet the requirements of each form of leave separately. Leave requests will be evaluated on a case-by-case basis. Except as otherwise stated, all paid time off, taken under any of the city’s leave programs, must be taken consecutively, with no intervening unpaid leave. The city will provide employees with time away from work as required by state or federal statutes, if there are requirements for such time off that are not described in the personnel policies. Section 11.01 Sick Leave Sick leave is authorized absence from work with pay, granted to qualified full-time and part-time employees. Sick leave is a privilege, not a right. Employees are to use this paid leave only when they are unable to work for medical reasons and under the conditions explained below. Sick leave does not accrue during an unpaid leave of absence. • Full-time employees will accrue sick leave by pay period at a rate of ninety-six (96) hours per calendar year (3.69 Hours/pay period). • Part-time employees regularly scheduled to work at least 20 hours per week will accrue sick leave on a pro-rated basis of the full-time employee schedule. • Part-time employees regularly scheduled to work fewer than 20 hours per week will not earn or accrue sick leave. • Temporary and seasonal employees will not earn or accrue sick leave. • Sick leave may be used only for days when the employee would otherwise have been at work. • Employees will not be allowed to have more than 960 hours (120 working days) of sick leave on January 1st of each year. Once an employee accrues 960 hours they will not accrue additional time unless the number of hours drops below 960. Accrued sick leave with pay has no value upon termination or retirement except as provided in the "Severance Pay at Retirement / Termination of Employment in Good Standing / Sick Pay Handling at Termination" section of this handbook. Sick leave may be used as follows: • When an employee is unable to perform work duties due to illness or disability • For medical, dental or other care provider appointments. • When an employee has been exposed to a contagious disease of such a nature that his/her presence at the workplace could endanger the health of others. • To care for the employee’s injured or ill family member (including children (step and foster children), adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee’s attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee’s own illness. • To take children, or other family member to a medical, dental or other care provider appointment. • Safety leave as defined in Minn. Stat. §181.9413 Pursuant to Minn. Stat. §181.9413, eligible employees may use up to 160 hours of sick leave in any 12-month period for absences due to an illness of or injury to the employee’s adult child, spouse, 30 221698v1 sibling, parent, grandparent, stepparent, parent-in-law (mother-in-law and father-in-law), and grandchild (includes step-grandchild, biological, adopted, or foster grandchild). After accrued sick leave has been exhausted, vacation leave may be used upon approval of the city administrator, to the extent the employee is entitled to such leave. To be eligible for sick leave pay, the employee will: • Communicate with his/her immediate supervisor, as soon as possible after the scheduled start of the workday, for each and every day absent; • Keep his/her immediate supervisor informed of the status of the illness/injury or the condition of the ill family member; • Submit a physician’s statement upon request. After an absence, a physician’s statement may be required on the employee’s first day back to work, indicating the nature of the illness or medical condition and attesting to the employee’s ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return-to-work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Sick leave may be denied for any employee required to provide a doctor’s statement until such a statement is provided. The city has the right to obtain a second medical opinion to determine the validity of a sick leave claim, or to obtain information related to restrictions or an employee’s ability to work. The city will arrange and pay for an appropriate medical evaluation when it is required by the city. Any employee who makes a false claim for sick leave will be subject to discipline up to and including termination. Employees must normally use sick leave prior to using paid vacation, or compensatory time and prior to an unpaid leave of absence during a medical leave. With the approval of the City Administrator, city employees having accrued sick leave are allowed to donate a portion of the accrued sick leave to fellow employees experiencing a major medical condition. A major condition is considered to be a severe illness, major surgery, other physical ailment or other instances that qualify under the sick leave policy that causes, or is expected to cause an absence from work for 15 working days or more in any 12 month period. Conditions The donation of sick leave from one employee to another is subject to the following: 1. An employee must make a request to the department director or human resources to receive donated sick leave; 2. An employee is only eligible to receive donated sick leave for time lost from work due to a major medical condition as described above; 3. An employee will only be eligible to receive donated sick leave after all accrued sick leave, compensatory time and vacation have been used; 31 221698v1 4. No employee will be allowed to receive more than 20 days of donated sick leave for any single major medical condition without the additional approval of the City Administrator; 5. An employee may donate no more than 16 hours per calendar year to a single fellow employee. This will not prohibit donating up to 16 hours each per year to additional employees; 6. Donation of sick leave will not be allowed once an employee is judged to be disabled by the major medical condition and will not be returning to work. 7. Donation of sick leave by city employees will be completely voluntary. No city employee may pressure or otherwise attempt to influence a city employee to donate sick leave. 8. An application to donate sick leave must be made to the city administrator’s office on forms designated for that purpose. 9. The City Administrator shall have the right to deny use of donated sick leave or limit its use when determined as necessary and in the best interest of the City of Orono. Section 11.02 Vacation Leave The city believes that vacation is important to the health and well-being of our employees and as such, provides paid vacation for eligible employees for rest and recuperation. Vacation hours are earned based on calendar months of service and accrue as indicated below: a. Eligibility Full-time employees will earn vacation leave in accordance with the above schedule. Part-time employees who work at least 20 hours per week on a regular basis will accrue vacation leave on a prorated basis of the full-time employee schedule. Part-time employees who work less than 20 hours per week on a regular basis, temporary and seasonal employees will not earn or accrue vacation leave. b. Accrual Rate 0 through 5 years of continuous service; 80 Hours 3.08/pay period 6 through 10 years of continuous service; 120 Hours 4.62/pay period 11 through 15 years of continuous service; 144 Hours 5.54/pay period 16 through 18 years of continuous service; 160 Hours 6.15/pay period 18 through 20 years of continuous service; 176 Hours 6.77/pay period Over 20 years of continuous service; 192 Hours 7.38/pay period 32 221698v1 For the purpose of determining an employee’s vacation accrual rate, years of service will include all continuous time that the employee has worked at the city (including authorized unpaid leave). Employees who are rehired after terminating city employment will not receive credit for their prior service unless specifically negotiated at the time of hire. c. Earnings and Use Vacation leave may be used as it is earned, subject to approval by the employee’s supervisor. Unless approved by the City Administrator, vacation leave will not be earned during an unpaid leave of absence. An employee will not earn any vacation leave for any pay period unless he/she is employed by the city on the last scheduled workday of the pay period. Further, vacation leave will stop accruing as of the effective date of termination. Requests for vacation must be received at least forty-eight hours in advance of the requested time off. This notice may be waived at the discretion of the supervisor and city administrator. Vacation can be requested in increments as small as one hour up to the total amount of the accrued leave balance. Vacation leave is to be used only by the employee who accumulated it. It cannot be transferred to another employee. Employees will not be allowed to accrue more than 240 hours of vacation leave. Once an employee accrues 240 hours they will not accrue additional time unless the number of hours drops below 240. No vacation will be allowed to accrue in excess of this amount without the approval of the City Council. Vacation leave cannot be converted into cash payments except at termination. Section 11.03 Funeral Leave Employees will be permitted to use up to three (3) consecutive working days, with pay, as funeral leave upon the death of an immediate family member. This paid leave will not be deducted from the employee’s vacation or sick leave balance. The actual amount of time off, and funeral leave approved, will be determined by the supervisor or city administrator depending on individual circumstances (such as the closeness of the relative, arrangements to be made, distance to the funeral, etc.). Section 11.04A Military Leave State and federal laws provide protections and benefits to city employees who are called to military service, whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 workdays in any calendar year. City compensation is in addition to the military’s pay for these 15 days, as per MN Attorney General’s Opinion. The leave of absence is only in the event the employee returns to employment with the city as required upon being relieved from service or is prevented from returning by physical or mental disability or other cause not the fault of the employee or is required by the proper authority to continue in military or naval service beyond the fifteen-day paid leave of absence. Employees on extended unpaid military leave will receive fifteen days paid leave of absence in each calendar year, not to exceed five years. 33 221698v1 Where possible, notice is to be provided to the city at least ten working days in advance of the requested leave. A training notice, signed orders, or battle assembly schedule are examples of typical written notification to share with the city. If an employee has not yet used his/her fifteen days of paid leave when called to active duty, any unused paid time will be allowed for the active-duty time, prior to the unpaid leave of absence. Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals. Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen days will follow the same procedures as for any employee on an unpaid leave of absence. For reference see Minn. Stat. 192.261; AG Opinion 310h-1(a) Section 11.04B Military Leave for Family Members The city will not discharge from employment or take adverse employment action against an employee because an immediate family member is in the military forces of the United States or Minnesota. Nor will the city discharge from employment or take adverse employment action against an employee because they attend departure or homecoming ceremonies for deploying or returning personnel, family training or readiness events or events held as part of official military reintegration programs. Employees may substitute paid leave if they choose to do so. Unless the leave would unduly disrupt the operations of the city, employees whose immediate family member, as a member of the United States armed forces has been ordered into active service in support of a war or other national emergency, will be granted an unpaid leave of absence, not to exceed one day’s duration in any calendar year, to attend a send-off or homecoming ceremony for the mobilized service member. For reference, see Minn. Stat. § 181.948. Section 11.04C Military Leave for Family Member Injured or Killed in Active Service Employees will be granted up to ten working days of unpaid leave whose immediate family member (defined as a person’s parent, child, grandparents, siblings or spouse) is a member of the United States armed forces who has been injured or killed while engaged in active service. The 10 days may be reduced if an employee elects to use appropriate accrued paid leave. For reference, see Minn. Stat. § 181.947 & Minn. Stat. § 181.948 Section 11.04D Civil Air Patrol The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil Air Patrol upon request and authority of the State or any of its political subdivisions, unless the absence would unduly disrupt the operations of the city. Employees may choose to use vacation or PTO leave while on Civil Air Patrol Leave but are not required to do so. For reference, see Minn. Stat. § 181.946. Section 11.05 Jury Duty Regular full-time and part-time employees will be granted paid leaves of absence for required jury duty. Such employees will be required to turn over any compensation they receive for jury duty, 34 221698v1 minus mileage reimbursement, to the city in order to receive their regular wages for the period. Time spent on jury duty will not be counted as time worked in computing overtime. Employees excused or released from jury duty during their regular working hours will report to their regular work duties as soon as reasonably possible or will take accrued vacation or compensatory time to make up the difference. Employees are required to notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay form is completed by the clerk of court so the city will be able to determine the amount of compensation due for the period involved. Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty but can take a leave without pay subject to department head approval. However, if a temporary or seasonal employee is classified as exempt, he/she will receive compensation for the jury duty time. For reference, see Minn. Stat. § 593.50. Section 11.06 Court Appearances Employees will be paid their regular wage to testify in court for city-related business. Any compensation received for court appearances (e.g., subpoena fees) arising out of or in connection with city employment, minus mileage reimbursement, must be turned over to the city. Section 11.07 Victim or Witness Leave An employer must allow a victim or witness, who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony to attend criminal proceedings related to the victim’s case. Additionally, a victim of a violent crime, as well as the victim’s spouse or immediate family member (immediate family member includes parent, spouse, child or sibling of the employee) may have reasonable time off from work to attend criminal proceedings related to the victim’s case. An employee must give 48 hours advance notice to the city of their need to be absent unless it is impracticable, or an emergency prevents them from doing so. The city may request verification that supports the employee’s reason for being absent from the workplace. [See also: Safety Leave under the Sick Leave Policy for additional information on leave benefits available to employees and certain family members]. For reference, see Minn. Stat. § 611A.036. Section 11.08 Job Related Injury or Illness All employees are required to report any job-related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee is to go to the nearest available medical facility for treatment and, as soon as possible, notify his/her supervisor of the action taken. In the case of a serious emergency, 911 should be called. If the injury is not of an emergency nature, but requires medical attention, the employee will report it to the supervisor and make arrangements for a medical appointment. Workers’ compensation benefits and procedures to return to work will be applied according to applicable state and federal laws. 35 221698v1 Section 11.09 Pregnancy and Parenting Leave Employees who work twenty hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in conjunction with after the birth or adoption of a child as eligible for up to 12 weeks of unpaid leave and must begin within twelve months of the birth or adoption of the child. In the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital. Employee should provide reasonable notice, which is at least 30 days. If the leave must be taken in less than 30 days, the employee should give as much notice as practicable. Employees are required to use accrued leave (i.e., sick leave, vacation leave, etc.) during Parenting Leave If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward insurance benefits will continue during the FMLA leave absence. For reference, see Minn. Stat. § 181.940 & Minn. Stat. § 181.941. Section 11.10 Administrative Leave Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the circumstances, as determined by the city administrator with consent of the City Council. Section 11.11 Adoptive Parents Adoptive parents will be given the same opportunities for leave as biological parents (see provisions for Parenting Leave). The leave must be for the purpose of arranging the child’s placement or caring for the child after placement. Such leave must begin before or at the time of the child’s placement in the adoptive home. Section 11.12 School Conference Leave Any employee who has worked half-time or more for more may take unpaid leave for up to a total of sixteen hours during any 12-month period to attend school conferences or classroom activities related to the employee’s child (under 18 or under 20 and still attending secondary school), provided the conference or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the city. Employees may choose to use vacation leave hours for this absence but are not required to do so. Minnesota Stat. § 181.940 & Minn. Stat. § 181.9412. Section 11.13 Bone Marrow/Organ Donation Leave 36 221698v1 Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours, unless agreed to by the city, to undergo medical procedures to donate bone marrow or an organ. The 40 hours is over and above the amount of accrued time the employee has earned The city may require a physician’s verification of the purpose and length of the leave requested to donate bone marrow or an organ. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited. Minnesota Stat. §181.945 & Minn. Stat. § 181.9456. Section 11.14A Elections / Voting An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off with pay for purposes of serving as an election judge, provided the employee gives the city at least twenty days written notice, including a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The city may reduce the wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from the place of employment. Thus, employees will be paid the difference between their pay as an election judge and their regular rate of pay for their normal workday. The city reserves the right to restrict the number of employees absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite. All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to vote on the election day. Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. For reference, see Minnesota Stat. § 204C.04 & Minn. Stat. § 204B.195 Section 11.14B Delegates to Party Conventions An employee may be absent from work to attend any meeting of the state central committee or executive committee of a major political party if the employee is a member of the committee. The employee may attend any convention of a major political party delegates, including meetings of official convention committees if the employee is a delegate or an alternate delegate to that convention. Per the statutory requirement, the employee must give at least ten days written notice of their planned absence to attend committee meetings or conventions. Time away from work for this purpose will be considered unpaid unless the employee chooses to use vacation leave during their absence. For reference, see Minn. Stat. § 202A.135. Section 11.15 Regular Leave without Pay The city administrator may authorize leave without pay for up to thirty days. Leave without pay for greater periods may be granted by the City Council. Typically, employee benefits will not be earned by an employee while on leave without pay. However, the city’s contribution toward health, dental and life insurance may be continued, if approved by the City Council, for leaves of up to ninety days when the leave is for medical reasons and FMLA has been exhausted. 37 221698v1 If an employee is on a regular leave without pay and is not working any hours, the employee will not accrue (or be paid for) holidays, sick leave, or vacation leave (annual leave). Employees who are working reduced hours while on this type of leave will receive holiday pay on a prorated basis and will accrue sick leave and vacation leave (annual leave) based on actual hours worked. Leave without pay hours will not count toward seniority and all accrued vacation leave and compensatory time must normally be used before an unpaid leave of absence will be approved. To qualify for leave without pay, an employee need not have used all sick leave earned unless the leave is for medical reasons. Leave without pay for purposes other than medical leave or work- related injuries will be at the convenience of the city. Employees returning from a leave without pay for a reason other than a qualified Parenting Leave or FMLA, will be guaranteed return to the original position only for absences of thirty calendar days or less. Employees receiving leave without pay in excess of thirty calendar days, for reasons other than qualified Parenting Leave or FMLA, are not guaranteed return to their original position. If their original position or a position of similar or lesser status is available, it may be offered at the discretion of the city administrator subject to approval of the City Council. Section 11.16 Family and Medical Leave The FMLA applies to all public agencies, including state, local and federal employers, and local education agencies (schools). To be eligible for FMLA leave, an employee must work for a covered employer and: • have worked for that employer for at least 12 months; and • have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and Family and Medical leave ("FMLA leave") provides up to twelve (12) weeks of unpaid leave to an eligible employee for certain family and medical reasons. Maximum Leave: An employee may take a maximum of twelve (12) work weeks of FMLA leave in any rolling twelve (12) month period. Entitlement to Leave: FMLA leave may be granted for any of the following reasons: a. To care for the employee's child after birth, or placement for adoption or foster care; b. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or c. For a serious health condition that makes the employee unable to perform the employee’s job. d. A covered military member’s active duty or call to duty or to care for a covered military member (Military Caregiver and Qualified Exigency Leave). 38 221698v1 Notice: The employee must give the City at least thirty (30) days advance notice that they will be taking FMLA leave. A "Request for Family/Medical Leave" form, copy attached, must be completed by the employee and returned to the immediate supervisor. In unexpected or unforeseeable situations, the employee should give as much notice as is practicable, usually verbal notice within one or two business days of when the need for leave becomes known, followed by a completed "Request for Family/Medical Leave" form. Serious Health Condition: A serious health condition is an illness or injury that is defined in the FMLA. For leaves taken because of the employee's or a covered family member's serious health condition, the City requires that either a "Certification of Health Care Provider for Employee’s Serious Health Condition" or "Certification of Health Care Provider for Family Member’s Serious Health Condition" form be completed within fifteen (15) days, which are available from the Finance Department. In addition, the City may require periodic reports on the employee's status and intent to return to work, and a fitness-for-duty report to return to work. Leave may be taken intermittently or on a reduced schedule when it is medically necessary. If an employee requests intermittent leave or leave on a reduced schedule that is foreseeable due to medical treatment, the employee may be temporarily transferred to another position if the position has equivalent pay and benefits and better accommodates the recurring periods of leave. Fit for duty: The City may require a medical certificate attesting to the employee’s fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of his/her regular job. The City Administrator may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the Americans with Disabilities Act (ADA). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. FMLA is unpaid leave. Employees must to use any accrued sick leave during their FMLA leave. Use of accrued leave time does not extend the FMLA leave beyond the allowed 12 weeks. FMLA Section 11.17 Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees will be provided reasonable break times to express milk for her infant child during the twelve months following the birth of the child, unless it would cause undue business disruption. The paid break time times must, if possible, run concurrently with any break time times already provided. The city will provide a room (other than a bathroom) as close as possible to the employee’s work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. Section 11.18 Light Duty/Modified Duty Assignment This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the city administrator on a case-by-case basis. This policy does not guarantee assignment to light duty. 39 221698v1 Such assignments are for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the city administrator. The city administrator reserves the right to determine when and if light duty work will be assigned. When an employee is unable to perform the essential requirements of his/her job due to a temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician’s report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability. The notice must include the expected time frame regarding return to work with no restrictions, meeting all essential requirements and functions of the city’s job description along with a written request for light duty. Upon receipt of the written request, the supervisor is to forward a copy of the report to the city administrator. The city may require a medical exam conducted by a physician selected by the city to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the city administrator whether or not to assign light duty work to the employee. Although this policy is handled on a case-by-case basis. If the city offers a light duty assignment to an employee who is out on workers’ compensation leave, the employee may be subject to penalties if he/she refuses such work. The city will not, however, require an employee who is otherwise qualified for protection under the Family and Medical Leave Act to accept a light duty assignment. The circumstances of each disabled employee performing light duty work will be reviewed regularly. Any light duty/modified work assignment may be discontinued at any time. Section 11.19 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy The city will attempt to provide a female employee who requests reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth without advice of a licensed health care provider or certified doula: • More frequent restroom, food, and water breaks; • Seating; and/or • Limits on lifting over 20 pounds. Additionally, an employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business. In accordance with state law, no employee is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation. For reference Minn. Stat.§ 181.939, and Minn. Stat. § 181.9414. 40 221698v1 Article 12. RESPECTFUL WORKPLACE POLICY The city of Orono is committed to creating and maintaining a public service workplace free of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act, and other related employment laws. In keeping with this commitment, the city maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. Discriminatory behavior includes inappropriate remarks about, or conduct related to a person’s legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance The city acknowledges this policy cannot possibly predict all situations that might arise, and also recognizes that some employees can be exposed to disrespectful behavior, and even violence, by the very nature of their jobs. Section 12.01 Applicability Maintaining a respectful public service work environment is a shared responsibility. This policy is intended to express to all employees, volunteers, members of boards and commissions, applicants, contractors/vendors, elected officials and members of the public the expectations by the city of Orono for respectful workplace conduct both in the workplace and other city-sponsored social events. Section 12.02 Abusive Customer Behavior While the city has a strong commitment to customer service, the city does not expect employees to accept verbal and other abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or the employee may defuse the situation themselves, including professionally ending the contact. If there is a concern about the possibility of violence, the individual should use his/her discretion to call 911, and as soon as feasible, a supervisor. Employees should leave the area immediately when violence is imminent unless their duties require them to remain (such as police officers). Employees must notify their supervisor about the incident as soon as possible. Section 12.03 Types of Disrespectful Behavior The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and of themselves: 1. Violent behavior includes the use of physical force, harassment, bullying or intimidation. 2. Discriminatory behavior includes inappropriate remarks about or conduct related to a person’s legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance. 41 221698v1 3. Offensive behavior may include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disparaging language, or any other behavior regarded as offensive to a reasonable person based upon violent or discriminatory behavior as listed above. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, considering the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the general public will be the same throughout the city, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the city administrator. 4. Sexual harassment To provide employees with a better understanding of what constitutes sexual harassment, the definition, based on Minnesota Statute § 363.01, subdivision 41, is provided: sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: • Submitting to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or • Submitting to or rejecting the conduct is used as the basis for an employment decision affecting an individual’s employment; or • Such conduct has the purpose or result of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. 5. Sexual harassment includes, but is not limited to, the following: • Unwelcome or unwanted sexual advances. This means stalking, patting, pinching, brushing up against, hugging, cornering, kissing, fondling or any other similar physical contact considered unacceptable by another individual. • Verbal or written abuse, kidding, or comments that are sexually oriented and considered unacceptable by another individual. This includes comments about an individual’s body or appearance where such comments go beyond mere courtesy, telling “dirty jokes” or any other tasteless, sexually oriented comments, innuendos or actions that offend others. The harassment policy applies to social media posts, tweets, etc., that are about or may be seen by employees, customers, etc. • Requests or demands for sexual favors. This includes subtle or obvious expectations, pressures, or requests for any type of sexual favor, along with an implied or specific promise of favorable treatment (or negative consequence) concerning one’s current or future job. Section 12.04 Employee Response to Disrespectful Workplace Behavior All employees should feel comfortable calling their supervisor or another manager to request assistance should they not feel comfortable with a situation. If situations involve violent behavior call the police, ask the individual to leave the area, and/or take other reasonable action If employees see or overhear what they believe is a violation of this policy, employees should advise a supervisor, the city administrator, or city attorney promptly. Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. If there is a concern about the possibility of violence, the individual 42 221698v1 should use his/her discretion to call 911, and as soon as feasible, a supervisor. In the event the disrespectful behavior occurring involves the employee’s supervisor, the employee should contact human resources, the supervisor’s manager or the city administrator. Step 1(a). If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. Step 1(b). If you fear adverse consequences could result from telling the offender or if the matter is not resolved by direct contact, go to your supervisor, human resources, your supervisor’s supervisor, or the city administrator. The person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter. In some situations, such as with an offender from the public it is preferable to avoid one on one interactions. Talk to your supervisor about available options to ensure there are others available to help with transactions with the offender. Step 1(c). The city urges that conduct which is viewed as offensive be reported immediately to allow corrective action to be taken through education and immediate counseling, if appropriate. It is vitally important you notify a supervisor, the city administrator, the mayor or councilmember of promptly of your concerns promptly. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor or the city administrator. Step 2. If, after what is considered to be a reasonable length of time (for example, 30 days), you believe inadequate action is being taken to resolve your complaint/concern, the next step is to report the incident to the city administrator, the mayor or the city attorney. Section 12.05 Supervisor’s Response to Allegations of Disrespectful Workplace Behavior Employees who have a complaint of disrespectful workplace behavior will be taken seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations promptly to the city administrator, who will determine whether an investigation is warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported: Step 1(a). If the nature of the allegations and the wishes of the victim warrant a simple intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring the conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful. Step 1(b). Supervisors, when talking with the reporting employee will be encouraged to ask him or her what he or she wants to see happen next. When an employee comes forward with a disrespectful workplace complaint, it is important to note the city cannot promise complete confidentiality, due to the need to investigate the issue properly. However, any investigation process will be handled as confidentially as practical and related information will only be shared on a need to know basis and in accordance with the Minnesota Government Data Practices Act and/or any other applicable laws. 43 221698v1 Step 2. If a formal investigation is warranted, the individual alleging a violation of this policy will be interviewed to discuss the nature of the allegations. Formal investigations will be prompt, impartial, and thorough. The person being interviewed may have someone of his/her own choosing present during the interview. Typically, the investigator will obtain the following description of the incident, including date, time and place: • Corroborating evidence. • A list of witnesses. • Identification of the offender. To facilitate fostering a respectful work environment, all employees are encouraged to respond to questions or to otherwise participate in investigations regarding alleged harassment. Step 3. The supervisor must notify the city administrator about the allegations (assuming the allegations do not involve the city administrator). For more information about what to do when allegations involve the city administrator, the mayor, or a councilmember, see “Special Reporting Requirements” below. Step 4. In most cases, as soon as practical after receiving the written or verbal complaint, the alleged policy violator will be informed of the allegations, and the alleged violator will have the opportunity to answer questions and respond to the allegations. The city will follow any other applicable policies or laws in the investigatory process. Step 5. After adequate investigation and consultation with the appropriate personnel, a decision will be made regarding whether or not disciplinary action will be taken. Step 6. The alleged violator and complainant will be advised of the findings and conclusions as soon as practicable and to the extent permitted by the Minnesota Government Data Practices Act. Step 7. The city will take reasonable and timely action, depending on the circumstances of the situation. The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights. Section 12.06 Special Reporting Requirements When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city administrator who will determine how to proceed in addressing the complaint as well as appropriate discipline. If the city administrator is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city attorney who will confer with the mayor and City Council regarding appropriate investigation and action. If a councilmember is perceived to be the cause of a disrespectful workplace behavior incident involving city personnel, the report will be made to the city administrator and referred to the city 44 221698v1 attorney. In cases such as these, it is common for the city council to authorize an investigation by an independent investigator (consultant). The independent investigator will report his/her findings to the City Council. The city will take reasonable and timely action, depending on the circumstances of the situation. Pending completion of the investigation, the city administrator may at his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens. If an elected or appointed city official (e.g., council member or commission member) is the victim of disrespectful workplace behavior, the city attorney will be consulted as to the appropriate course of action. In cases such as these, it is common for the city council to authorize an investigation by an independent investigator (consultant). The city will take reasonable and timely action, depending on the circumstances of the situation. Section 12.07 Confidentiality A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person’s name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees’ personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Section 12.08 Retaliation The city of Orono will not tolerate retaliation or intimidation directed towards anyone who reports employment discrimination, serves as a witness, participates in an investigation, and/or takes any other actions protected under federal or state discrimination laws, including when requesting religious or disability accommodation. Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation, reprisal or harassment. While each situation is very fact dependent, generally speaking, retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to others or the media and making false report to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination. If you feel retaliation is occurring within the workplace, please report your concern immediately to any of the following: 1. Immediate supervisor; 2. Your supervisor’s manager 3. City administrator; 4. Mayor or city councilmember 5. In the event an employee feels retaliation has occurred by the city administrator or the city council, then reporting may be made to the city attorney. 45 221698v1 Supervisors who have been approached by employees with claims of retaliation will take the complaint seriously and promptly report the allegations promptly to the city administrator, or if the complaint is against the city administrator to the city attorney, who will decide how to proceed in addressing the complaint. Consistent with the terms of applicable statutes and city personnel policies, the city may discipline any individual who retaliates against any person who reports alleged violations of this policy. The city may also discipline any individual who retaliates against any participant in an investigation, proceeding or hearing relating to the report of alleged violations. 46 221698v1 Article 13. POSSESSION AND USE OF DANGEROUS WEAPONS Possession or use of a dangerous weapon (see attached definitions) is prohibited on city property, in city vehicles, or in any personal vehicle, which is being used for city business. This includes employees with valid permits to carry firearms. The following exceptions to the dangerous weapons prohibition are as follows: • Employees legally in possession of a firearm for which the employee holds a valid permit, if required, and said firearm is secured within an attended personal vehicle or concealed from view within a locked unattended personal vehicle while that person is working on city property. • A person who is showing or transferring the weapon or firearm to a police officer as part of an investigation. • Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties. 47 221698v1 Article 14. SEPARATION FROM SERVICE Section 14.01 Resignations Employees wishing to leave the city service in good standing must provide a written resignation notice to their supervisor, at least fourteen calendar days before leaving. Exempt employees must give thirty calendar days’ notice. The written resignation must state the effective date of the employee’s resignation. Unauthorized absences from work for a period of three consecutive workdays may be considered as resignation without proper notice. Failure to comply with this procedure may be cause for denying the employee’s severance pay and any future employment with the city. Section 14.02 Severance Pay Employees who leave the employ of the city in good standing by retirement or resignation will receive 100 percent of unused accrued vacation (annual leave) as severance pay. Each employee with at least three (3) years, but less than twelve (12) years, of full time service will receive, upon honorable termination of employment, one-third (1/3) of the employee's accumulated sick leave as severance pay. Each employee with twelve (12) years or more of service will receive, upon honorable termination of employment, one-half (1/2) of the employee’s accumulated sick leave as severance pay. Applicable taxes will be withheld from the payments. Pay will be computed at the compensation level effective at the time of retirement or resignation. Section 14.03 Post-Retirement Health Care Savings Plan Employees participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minn. Stat. § 352.98 and as outlined in the Minnesota State Retirement System’s Trust and Plan Documents unless exempted by statute. All funds collected by the employer on the behalf of the employee will be deposited into the employee’s post-employment health care savings plan account. Contributions shall be made as follows: Employee Payroll Contribution Employees with 0-5 completed years of service will contribute 0% of pay. Employees with 5+ years of service will contribute 1% of pay. Severance Contribution Employees with 0-5 completed years of service will contribute 0% of pay. Severance will be paid out to employees. Employees with 5+ years of service will contribute 100% of pay. Section 14.04 Continuation of Group Health and Dental Insurance This policy applies to all City employees who retire on or after January 1, 1993, and participated in the City’s group health and dental insurance program and met the requirements necessary to receive a disability benefit or an annuity from a Minnesota public pension plan other than a volunteer fire fighter plan. 48 221698v1 Minnesota law, Minn. Stat. Chapter 43A, provides that upon retirement, an eligible City employee and his or her covered dependents can participate in the group health/dental insurance program at the same premium rate as active employees until age 65. Coverage and level of benefits provided to retirees under age 65 and their dependents must be identical to that provided for active employees and their dependents. Retirees age 65 and over may stay in the group indefinitely, but premium rates do not have to be pooled with the active employee rates and retiree coverage does not have to be identical to active coverage. The retiree must pay the entire premium. Spouse and/or dependent coverage can be continued after retirement only if the employee carried dependent coverage prior to retirement. Employees are not required to continue spouse and/or dependent coverage after retirement. 49 221698v1 Article 15. DISCIPLINE Section 15.01 General Policy Supervisors are responsible for maintaining compliance with city standards of employee conduct. The objective of this policy is to establish a standard disciplinary process for employees of the city of Orono. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct and applicable city policies. Discipline will be administered in a non-discriminatory manner. An employee who believes that discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the grievance procedures established in the city’s personnel policies. The supervisor and/or the city administrator will investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. Section 15.02 No Contract Language Established This policy is not to be construed as contractual terms and is intended to serve only as a guide for employment discipline. Section 15.03 Process The city may elect to use progressive discipline, a system of escalating responses intended to correct the negative behavior rather than to punish the employee. There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Nothing in these personnel policies implies that any city employee has a contractual right or guarantee (also known as a property right) to the job he/she performs. Documentation of disciplinary action taken will be placed in the employee’s personnel file with a copy provided to the employee. The following are descriptions of the types of disciplinary actions: 1. Oral Reprimand This measure will be used where informal discussions with the employee’s supervisor have not resolved the matter. All supervisors have the ability to issue oral reprimands without prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. The supervisor will document the oral reprimand including date(s) and a summary of discussion and corrective action needed. 2. Written Reprimand A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected, or the behavior has not consistently improved in a reasonable period of time. Serious infractions may require skipping either the oral or written reprimand, or both. Written reprimands are issued by the supervisor with prior approval from the city administrator. 50 221698v1 A written reprimand will: (1) state what did happen; (2) state what should have happened; (3) identify the policy, directive or performance expectation that was not followed; (4) provide history, if any, on the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate consequences of recurrence. Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees’ signatures do not mean the employee agrees with the reprimand. Written reprimands will be placed in the employee’s personnel file. 3. Suspension With or Without Pay The city administrator may suspend an employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. Qualified veterans, who have completed their initial probationary period, will not be suspended without pay in conjunction with a termination. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. A copy of the letter of suspension will be placed in the employee’s personnel file. An employee may be suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that employee. The leave may be with or without pay depending on a number of factors including the nature of the allegations. If the allegation is proven false after the investigation, the relevant written documents will be removed from the employee’s personnel file and the employee will receive any compensation and benefits due had the suspension not taken place. 4. Demotion and/or Transfer An employee may be demoted or transferred if attempts at resolving an issue have failed and the city administrator determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which they are being demoted or transferred. The City Council must approve this action. 5. Salary An employee’s salary increase may be withheld, or the salary may be decreased due to performance deficiencies. 6. Dismissal The city administrator, with the approval of the City Council, may dismiss an employee for substandard work performance, serious misconduct, or behavior not in keeping with city standards. If the disciplinary action involves the removal of a qualified veteran, who has completed his/her initial probationary period, the appropriate hearing notice will be provided, and all rights will be afforded the veteran in accordance with Minnesota law. 51 221698v1 Article 16. GRIEVANCE PROCEDURE Any dispute between an employee and the city relative to the application, meaning or interpretation of these personnel policies will be settled in the following manner: Step 1: The employee must present the grievance in writing, stating the nature of the grievance, the date at which the incident allegedly occurred, the facts on which it is based, the provision or provisions of the personnel policies allegedly violated, and the remedy requested, to the proper supervisor within twenty-one days after the alleged violation or dispute has occurred. The supervisor will respond to the employee in writing within seven calendar days. Step 2: If the grievance has not been settled in accordance with Step 1, it must be presented in writing, stating the nature of the grievance, the date at which the incident allegedly occurred, the facts on which it is based, the provision or provisions of the Personnel Policies allegedly violated, and the remedy requested, by the employee to the city administrator within seven days after the supervisor’s response is due. The city administrator or his/her designee will respond to the employee in writing within seven calendar days. The decision of the city administrator is final for all disputes with exception of those specific components in a performance evaluation subject to a challenge through the Minnesota Department of Administration. Section 16.01 Waiver If a grievance is not presented within the time limits set forth above, it will be considered “waived.” If a grievance is not appealed to the next step in the specified time limit or any agreed extension thereof, it will be considered settled on the basis of the city’s last answer. If the city does not answer a grievance or an appeal within the specified time limits, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the city and the employee without prejudice to either party. The following actions cannot be grieved: • While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable, other performance evaluation data, including subjective assessments, are not. • Pay increases or lack thereof; and • Merit pay awards. The above list is not meant to be all inclusive or exhaustive. 52 221698v1 Article 17. EMPLOYEE EDUCATION & TRAINING The city promotes staff development as an essential, ongoing function needed to maintain and improve cost effective quality service to residents. The purposes for staff development are to ensure that employees develop and maintain the knowledge and skills necessary for effective job performance and to provide employees with an opportunity for job enrichment and mobility. Section 17.01 Policy The city will pay for the costs of an employee’s participation in training and attendance at professional conferences, provided that attendance is approved in advance under the following criteria and procedures: Section 17.02 Job-Related Training & Conferences The subject matter of the training session or conference is directly job-related and relevant to the performance of the employee’s work responsibilities. Responsibilities outlined in the job description, annual work program requirements and training goals and objectives that have been developed for the employee will be considered in determining if the request is job-related. The supervisor and the city administrator are responsible for determining job-relatedness and approving or disapproving training and conference attendance. Section 17.03 Job-Related Meetings Attendance at professional meetings directly related to the performance of the employee’s work responsibilities require the advance approval of the employee’s supervisor. Section 17.04 Request for Participation in Training & Conferences The request for participation in a training session or conference must be submitted in writing to the employee’s department head. All requests must include an estimate of the total cost (training session, travel, meals, etc.) and a statement of how the education or training is related to the performance of the employee’s work responsibilities with the city. Section 17.05 Out of State Travel Attendance at training or conferences out of state is approved only if the training or conference is not available locally. All requests for out of state travel are reviewed for approval/disapproval by the city administrator. Section 17.06 Compensation for Travel & Training Time Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act. Travel and other related training expenses will be reimbursed subject to the employee providing necessary receipts and appropriate documentation. Section 17.07 Memberships and Dues The purpose of memberships to various professional organizations must be directly related to the betterment of the services of the city. Normally, one city membership per agency, as determined by the city administrator is allowed, providing funds are available. 53 221698v1 Upon separation of employment, individual memberships remain with the city and are transferred to another employee by the supervisor. Section 17.08 Travel & Meal Allowance (see Appendix F for form) If employees are required to travel outside of the area in performance of their duties as a city employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. In no case will city funds be used to pay for, or reimburse, for events sponsored by or affiliated with political parties. The city will not reimburse employees for meals connected with training or meetings within city limits, unless the training or meeting is held as a breakfast, lunch or dinner meeting. The city will also not reimburse employees for the costs for travel of family members. The City will not provide reimbursement for alcoholic beverages. Employees who find it necessary to use their private automobiles for city travel and who do not receive a car allowance will be reimbursed at the prevailing mileage rate as established by the City Council, not to exceed the allowable IRS rate. Expenses for meals and lodging will be reimbursed at the current IRS per diem rate. 54 221698v1 Article 18. OUTSIDE EMPLOYMENT The potential for conflicts of interest is lessened when individuals employed by the city of Orono regard the city as their primary employment responsibility. All outside employment is to be reported to the employee’s immediate supervisor. If a potential conflict exists based on this policy or any other consideration, the supervisor will consult with the city administrator. Any city employee accepting employment in an outside position that is determined by the city administrator to be in conflict with the employee’s city job will be required to resign from the outside employment or may be subject to discipline up to and including termination. For the purpose of this policy, outside employment refers to any non-city employment or consulting work for which an employee receives compensation, except for compensation received in conjunction with military service or holding a political office or an appointment to a government board or commission that is compatible with city employment. The following is to be considered when determining if outside employment is acceptable: • Outside employment must not interfere with a full-time employee’s availability during the city’s regular hours of operation or with a part-time employee’s regular work schedule. • Outside employment must not interfere with the employee’s ability to fulfill the essential requirements of his/her position. • The employee must not use city equipment, resources or staff in the course of the outside employment. • The employee must not violate any city personnel policies as a result of outside employment. • The employee must not receive compensation from another individual or employer for services performed during hours for which he/she is also being compensated by the city. Work performed for others while on approved vacation or compensatory time is not a violation of policy unless that work creates the appearance of a conflict of interest. • No employee will work for another employer, or for his/her own business, while using paid sick leave from the city for those same hours. • Departments may establish more specific policies as appropriate, subject to the approval of the city administrator. City employees are not permitted to accept outside employment that creates either the appearance of or the potential for a conflict with the development, administration or implementation of policies, programs, services or any other operational aspect of the city. 55 221698v1 Article 19. DRUG FREE WORKPLACE The City of Orono has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs or alcohol jeopardize the safety and health of other workers as well as themselves. All employees are subject to this policy. City employees required to hold a commercial driver’s license by the U.S. Department of Transportation (“DOT”) must abide by this policy and the additional testing requirements set by the DOT. The city of Orono has adopted the following zero-tolerance policy on drugs in the workplace: 1. Employees are prohibited from being under the influence of drugs and must report to work on time and in an unimpaired mental and physical condition. 2. The term drug includes any “controlled substance” as defined in Minn. Stat. § 152.01, subd. 4, and also includes tetrahydrocannabinol (“THC”) products, including those that are lawfully available for public consumption. 3. Employees are prohibited from using, possessing, manufacturing, distributing, selling, purchasing, or dispensing of alcohol, drugs, or drug paraphernalia while on duty; on City premises; operating any City vehicle, machinery, or equipment; or performing any city business. 4. The city recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. 5. Any employee convicted of any criminal drug statute must notify his or her supervisor and the City Administrator in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a drug-related conviction, the City will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. 6. Employees taking a lawful drug, including prescription and over-the-counter drug, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee’s responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. 7. Violations of this policy will result in disciplinary action, up to and including termination, and may have additional legal consequences. Employees may be subject to drug testing and may be disciplined, suspended, or terminated after testing positive for drugs. Supervisors are authorized under this policy section 22.03 to send an employee home if the employee’s behavior creates a potential health or safety issue for the employee or others. 56 221698v1 Article 20. CITY DRIVING POLICY This policy applies to all employees who drive a vehicle on city business at least once per month, whether driving a city-owned vehicle or their own personal vehicle. It also applies to employees who drive less frequently but whose ability to drive is essential to their job due to the emergency nature of the job. The city expects all employees who are required to drive as part of their job to drive safely and legally while on city business and to maintain a good driving record. Section 20.01 Records Review. The city will examine driving records once per year for all employees who are covered by this policy to determine compliance with this policy. Employees who lose their driver’s license or receive restrictions on their license are required to notify their immediate supervisor on the first workday after any temporary, pending or permanent action is taken on their license and to keep their supervisor informed of any changes thereafter. The city will determine appropriate action on a case- by-case basis. Section 20.02 Cell Phone use while driving. Safety must come before all other concerns. Regardless of the circumstances and in accordance with Minnesota law, employees are required to use hands-free operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a call. Employees are encouraged to refrain from discussion of complicated or emotional matters and to keep their eyes on the road while driving at all times. Special care should be taken in situations where there is traffic or inclement weather, or the employee is driving in an unfamiliar area. • Hands-free equipment will be provided in select city vehicles to facilitate the provisions of this policy. • Reading/sending text messages, making or receiving phone calls, emailing, video calling, scrolling/typing, accessing a webpage, or using non-navigation applications while driving is strictly prohibited. • In accordance with State law, there is an exception to hands free cell phone operations to obtain emergency assistance to report a traffic accident, medical emergency or serious traffic hazard or prevent a crime from being committed. There is also a State law exception for authorized emergency vehicles while in the performance of official duties. Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions. 57 221698v1 Article 21. CITY TECHNOLOGY Section 21.01 Purpose The purpose of this policy is to set standards and procedures that protect the security and integrity of the City’s electronic communication and information systems from business interruption, misuse, and/or unauthorized or inappropriate use and access. The full policy can be found in appendix C. Section 21.02 General Information This policy serves to protect the security and integrity of the City’s electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. Computers, cell phones and mobile electronic devises issued by the City to staff, elected official or appointed officials property of the City. The City reserves the right to inspect, without notice, all data, emails, files, settings, or any other aspect of a City-owned computer or related system, including personal information created or maintained by an employee. The City may conduct inspections on an as-needed basis as determined by City Administrator or City Council. Beyond this policy, the city’s Information Technology Department may distribute information regarding precautions and actions needed to protect City systems; all employees are responsible for reading and following the guidance and directives in these communications. Section 21.03 Personal Use The City recognizes that some personal use of City-owned computers and related equipment has and will continue to occur. Some controls are necessary, however, to protect the City’s equipment and computer network and to prevent abuse of this privilege. Reasonable, incidental personal use of City computers and software (e.g., word processing, spreadsheets, email, Internet, etc.) is allowed but should never preempt or interfere with work. All use of City computers and software, including personal use, must adhere to provisions in this policy, including the following: • Employees shall not connect personal peripheral tools or equipment (such as printers, digital cameras, disks, USB drives, or flash cards) to City-owned systems, without prior approval from the Information Technology Department If permission to connect these tools/peripherals is granted, the employee must follow provided directions for protecting the City’s computer network. • Personal files should not be stored on City computer equipment. This also applies to personal media files, including but not limited to mp3 files, wav files, movie files, iTunes files, or any other file created by copying a music CD, DVD, or files from the Internet. Information Technology staff will delete these types of files if found on the network, computers, or other City-owned equipment. Exceptions would be recordings for which the City has created, owns, purchased, or has a license. • City equipment or technology shall not be used for personal business interests, for-profit ventures, political activities, or other uses deemed by the City Administrator to be inconsistent with City activities. If there is any question about whether a use is appropriate, it should be forwarded to Information Technology Staff for a determination. 58 221698v1 Section 21.04 IT Hardware In general, the City will provide the hardware required for an employee to perform his or her job duties. Requests for new or different equipment should be made to your supervisor, who will forward the request to Information Technology. The City will not supply laptop computers based solely on the desire of employees to work offsite. A laptop request form will be required for each laptop deployment, and must be signed off by the employee’s supervisor and department head. Laptops will only be issued to employees who: travel frequently and require the use of a full computer while traveling; regularly use their laptop offsite; require a laptop for access to special software or systems; and/or have a documented business need for a laptop. Only City staff may use City computer equipment. Use of City equipment by family members, friends, or others is strictly prohibited. Employees are responsible for the proper use and care of City-owned computer equipment. City computer equipment must be secured while off City premises; do not leave computer equipment in an unlocked vehicle or unattended at any offsite facility. Computer equipment should not be exposed to extreme temperature or humidity. If a computer is exposed to extreme heat, cold, or humidity, it should be allowed to achieve normal room temperature and humidity before being turned on. Section 21.05 IT Software In general, the City will provide the software required for an employee to perform his or her job duties. Requests for new or different software should be made to your supervisor, who will forward the request to Information Technology. Employees shall not download or install any software on their computer without the prior approval of the Information Technology Staff. Exceptions to this include updates to software approved by Information Technology such as Microsoft updates, or other productivity software updates. Information Technology Staff may, without notice, remove any unauthorized programs or software, equipment, downloads, or other resources. Section 21.06 Electronic Mail. The City provides employees with an email address for work-related use. Some personal use of the City email system by employees is allowed, provided it does not interfere with an employee’s work and is consistent with all City policies. Employee emails (including those that are personal in nature) may be considered public data for both e-discovery and information requests and may not be protected by privacy laws. Email may also be monitored as directed by the City authorized staff and without notice to the employee. Employees must adhere to these email guidelines: • Never transmit an email that you would not want your supervisor, other employees, members, city officials, or the media to read or publish (e.g., avoid gossip, personal information, swearing, etc.). • Use caution or avoid corresponding by email on confidential communications (e.g., letters of reprimand, correspondence with attorneys, medical information). 59 221698v1 • Do not open email attachments or links from an unknown sender. Delete junk or “spam” email without opening it if possible. Do not respond to unknown senders. • Do not use harassing language (including sexually harassing language) or any other remarks, including insensitive language or derogatory, offensive, or insulting comments or jokes. Section 21.07 Electronic Calendars. A shared calendar environment is provided as part of the City’s email software program. All employees are required to keep their electronic calendar up to date and, at a minimum, must grant all staff the ability to view their calendar. Section 21.08 Personal Devices. Employees may choose to use their own equipment to read or compose email or other City data as governed in this policy. Employees understand that by connecting their personal equipment to the City’s email server, their personal devices could be searched during an e-discovery or other court- ordered scenarios, and agree to grant access to their personal devices should such a situation arise. Section 21.09 Security. Passwords: Employees are responsible for maintaining computer/network passwords and must adhere to these guidelines: • Password requirement will be established according to best industry practice and may be changed as necessary, as determined by the Information Technology Staff. • Employees must change passwords when prompted. • Passwords should not be shared or told to other staff. If it is necessary to access an employee’s computer when he or she is absent, contact your supervisor or the department head; Information Technology Staff will not provide access to staff accounts without approval of the Department Head. • Passwords should not be stored in any location on or near the computer, or stored electronically such as in a cell phone or other mobile device. Network access: Non-City-owned computer equipment used in the City’s building should only use the wireless connection to the Internet. Under no circumstances should any non-City-owned equipment be connected to the City’s computer network via a network cable. Personal computer equipment may not be connected to the City’s network without prior approval of the Information Technology Staff. Personal equipment may be subject to password requirements or other electronic security measures as determined by the Information Technology Staff. Remote Access to the Network: Examples of remote access include, but are not limited to: Outlook Web Access (web mail), virtual private network (VPN), Windows Remote Desktop, and Windows Terminal Server connections. While connected to City computer resources remotely, all aspects of the City’s Computer Use Policy will apply, including the following: • Remote access to the City’s network requires a request from a supervisor and approval from the Information Technology Staff. Remote access privileges may be revoked at any time by an employee’s Department Head. • If remote access is from a non-City-owned computer, updated anti-virus software must be installed and operational on the computer equipment, and all critical operating system updates must be installed prior to connecting to the City network remotely. Failure to comply could result in the termination of remote access privileges. 60 221698v1 • Recreational use of remote connections to the City’s network is strictly forbidden. An example of this would be a family member utilizing the City’s cellular connection to visit websites. • Private or confidential data should not be transmitted over an unsecured wireless connection. Wireless connections are not secure and could pose a security risk if used to transmit City passwords or private data while connecting to City resources. Wireless connections include those over cellular networks and wireless access points, regardless of the technology used to connect. Section 21.10 Internet. The following considerations apply to all uses of the Internet: • Information found on the Internet and used for City work must be verified to be accurate and factually correct. • Reasonable personal use of the Internet is permitted. Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races, or religions. If you are unsure whether a site may include inappropriate information, you should not visit it. • If an employee’s use of the Internet is compromising the integrity of the City’s network, Information Technology Staff may temporarily restrict that employee’s access to the Internet. If Information Technology Staff does restrict access, they will notify the employee, HR, and the employee’s manager as soon as possible, and work with the employee and manager to rectify the situation. • The City may monitor or restrict any employee’s use of the Internet without prior notice, as deemed appropriate by the employee’s supervisor in consultation with the City Administrator. Section 21.11 Data Retention. Electronic data should be stored and retained in accordance with the City’s records retention schedule. Storing and Transferring Files: If you are unsure whether an email or other file is a government record for purposes of records retention laws or whether it is considered protected or private, check with your supervisor. If you are unsure how to create an appropriate file structure for saving and storing electronic information, contact the City Clerk. Employees must adhere to these guidelines when transferring and storing electronic files: • All electronic files must be stored on identified network drives and folder locations. The City will not back up documents stored on local computer hard drives, and holds no responsibility for recovery of documents on local computer hard drives should they fail. Files may be temporarily stored on a laptop hard drive when an employee is traveling/offsite; however, the files should be copied to network as soon as possible. • Electronic files, including emails and business-related materials created on an employee’s home or personal computer for City business, must be transferred to and stored in designated locations on the City’s network. City-related files should not be stored on an employee’s personal computer, unless otherwise defined in this policy. • All removable storage media (e.g., CD-ROM, flash or USB drive, or other storage media) must be verified to be virus-free before being connected to City equipment. • Email that constitutes an official record of City business must be kept in accordance with all records retention requirements for the department and should be copied to the network for storage. 61 221698v1 • Email that is simple correspondence and not an official record of City business should be deleted (from both the “Inbox” and the “Deleted” box) as soon as possible and should not be retained by employees for more than three months. The City will not retain emails longer than one year on the network or in network back-ups. • Electronic files or emails that may be classified as protected or private information should be stored in a location on the City’s network that is properly secured. • Any files considered private or confidential should not be stored anywhere other than the City’s network. If there is a need to take confidential information offsite, it must be stored on encrypted media; Information Technology Staff can assist in the encryption of media. Section 21.12 Electronic Mobile devices (including Cell Phones) Electronic mobile devises are intended for the use of city staff, elected officials and appointed officials in the conduct of their work for the city. Supervisors are responsible for the Electronic mobile devises assigned to their employees and will exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that: • Its use in no way limits the conduct of work of the employee or other employees. • Use of public resources for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and subject to disciplinary action which may include termination and/or criminal prosecution, depending on the circumstances. Incidental and occasional personal use may be permitted with the consent of the supervisor. • Personal calls and communications will be made or received only when absolutely necessary during work hours. Such calls must not interfere with working operations and are to be completed as quickly as possible. • Use While Operating a Motor Vehicle or Equipment. All employees are expected to follow applicable local, state, and federal laws and regulations regarding the use of cellphones and electronic mobile devises at all times. See City Driving Policy, chapter 20. • In cases where the city does not regard accounting for personal calls to be unreasonable or administratively impractical due to the minimal cost involved, personal calls made by employees on a city-provided cellular phone must be paid for by the employee through reimbursement to the city based on actual cost listed on the city’s phone bill. Section 21.13 Cell Phone Monthly Allowance Election. Employees designated to receive a cell phone may elect to receive a monthly cell phone allowance in lieu of a City-owned cell phone. Initial purchase of the cell phone, accessory equipment, and activation fees will be the responsibility of the employee. The employee will pay all costs exceeding the amount of the cell phone allowance. The cell phone allowance amount is set by the city council. Employees receiving an allowance, in lieu of a City-owned cell phone are responsible for the following: • Procuring and maintaining cellular service from a reliable carrier who provides phone numbers in the local calling area of Orono. • Providing documentation in a manner prescribed by the Finance Director to activate and maintain monthly allowance payments. • Notifying the City within five (5) business days of the cellular service being disconnected or phone number being changed. • Limiting personal calls, incoming and outgoing, during work hours so as not to interfere with City business or the performance of the employee’s job. 62 221698v1 • Replacement or repair of the phone. No allowance will be paid when an employee is in a leave status exceeding forty-five (45) days, unless approved by the City. Administrator. No allowance will be paid when an employee is in an unpaid leave status. Regardless of who pays the bill, cell phone records about city business are subject to the Minnesota Government Data Practices Act. What this means is that if a request were received, the city would be under the obligation to determine what information is public data and what information is private data and would need access to the employee’s phone records and possibly the phone itself in order to provide the data that is being requested. Therefore, the best practice is to limit usage of personal cell phones for city business to that which is truly necessary or be prepared to produce your cell phone and the associated records if needed. Section 21.14 Procedures It is the objective of the city of Orono to prevent and correct any abuse or misuse of the city network, computers, mobile electronic devices and cellular telephones through the application of this policy. Employees who abuse or misuse may be subject to disciplinary action. Section 21.15 Responsibility The city administrator, or designee, will have primary responsibility for implementation and coordination of this policy. All supervisors will be responsible for enforcement within their departments. 63 221698v1 Article 22. SAFETY The health and safety of each employee of the city and the prevention of occupational injuries and illnesses are of primary importance to the city. To the greatest degree possible, management will maintain an environment free from unnecessary hazards and will establish safety policies and procedures for each department. Adherence to these policies is the responsibility of each employee. Overall administration of this policy is the responsibility of each supervisor. Section 22.01 Reporting Accidents and Illnesses Both Minnesota workers’ compensation laws and the state and federal Occupational Safety and Health Acts require that all on the job injuries and illnesses be reported as soon as possible by the employee, or on behalf of the injured or ill employee, to his/her supervisor. The employee’s immediate supervisor is required to complete a First Report of Injury and any other forms that may be necessary related to an injury or illness on the job. Section 22.02 Safety Equipment/Gear Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of employment that such equipment be worn by the employee. The City will provide all required personal protective equipment (PPE) gear with the exception of steel toe boots for which the city will provide an allowance. Employees are responsible for maintaining their issued PPE in a serviceable manner and reporting any deficiencies to their supervisors for repair or replacement. Eligible employees shall receive an annual allowance as established by agreement and/or resolution for the purchase of steel toe boots. Section 22.03 Unsafe Behavior Supervisors are authorized to send an employee home immediately when the employee’s behavior violates the city’s personnel policies, department policies, or creates a potential health or safety issue for the employee or others. Section 22.04 Access to Gender-Segregated Activities and Areas With respect to all restrooms, locker rooms or changing facilities, employees will have access to facilities that correspond to their affirmed gender identity, regardless of their sex at birth. The city maintains separate restroom and/or changing facilities for male and female employees and allows employees to access them based on their gender identity. Under no circumstances may employees be required to use sex‐segregated facilities that are inconsistent with their gender identity. 64 221698v1 Article 23. EMPLOYEE RECOGNITION The City recognizes that a formal employee recognition program is an important component of the City’s benefit package and helps attract and retain quality employees. The City takes great satisfaction in the accomplishments of its employees and extends recognition in the following ways: Section 23.01 Service Recognition The purpose of the employee recognition program is to acknowledge employees who have contributed years of service to the City of Orono and its citizens and recognize them with a token of appreciation for their dedication and commitment. Employee service recognition shall be based on an individual’s length of service with the City of Orono. Length of service shall be based on consecutive years of service as an employee in a regular full-time or regular part-time position. Section 23.02 Service Awards Employee service recognition awards, provided by the City, will be presented to employees as follows: • 5 years: Plaque of Appreciation • 10 years: Engraved bar will be added to plaque • 15 years: Engraved bar will be added to plaque • 20 years: Watch (Or Similar) Engraved bar will be added to plaque • 25 years: Engraved bar will be added every five years after 25 years The awards for years of service will be presented by the City Administrator or designee, with assistance from the recipient’s supervisor at an annual employee recognition event held during normal business hours. Employee recognition events shall include an annual luncheon or picnic, retirement, resignation with 5 or more years of service and new employees. 1. Annual Luncheon. All regular full-time and part-time employees will be invited to attend the City’s employee luncheon or picnic held during normal business hours to thank them for their work throughout the year. 2. Retirement. The following will occur upon announcement of a retirement from City service: • Administration staff will organize a reception, including ordering a cake • The Department is responsible for organizing a collection towards a gift for the retiree. • A photo and article will be placed in the city newsletter and/or local newspaper. • The Department will draft a resolution of appreciation for a City Council meeting. • The Retiree will be advised of the recognition plans and may elect not to be recognized in any of the forms listed 3. Resignation. The following will occur upon the announcement of the resignation of an employee with five or more years of service: • The Department will be responsible for organizing a reception or collection towards a gift for the resigning person. • When the resigning staff member has less than 5 years of service, the Department will be responsible for organizing any form of recognition. 65 221698v1 4. New Employees. The following will occur upon the announcement of a new full-time employee: • Administration staff will organize a reception, including breakfast 66 221698v1 Appendix A. Performance Evaluation Process and Forms 67 221698v1 City of Orono Performance Evaluations 1. Purpose: The purpose of the performance review process is to provide a record of the employee’s job performance, to encourage professional growth, and to provide an opportunity for open dialogue between employees and their supervisors. Evaluations should consider, but are not limited to, representative job duties, quality of work, interpersonal skills, previously set goals and future expectations. 2. Performance Appraisal Process. The City of Orono performance appraisal process on an annual basis. The key portions of the process include the establishment of goals, periodic check-ins and a formal evaluation. The table below outlines the goal setting and evaluation process. 3. Key Events and Timeline. Event Description When Goals Established Goals for the rating period are established at the close of the previous rating period. For new hires, goals should be established between the supervisor and employee within the first 6 weeks of employment. Previous rating period, first six weeks for a new hire Ongoing Check in Check-ins are regular discussions that happen throughout the year to: • Check in on progress toward goals, • Stay aligned on current projects, • Discuss what is going well and what could be better, and • Agree on next steps. Mid-year reviews are required for all new hires and department directors. Ideally quarterly Minimum of every 6 months after a new hire, NLT July 31st for Department Directors Annual Review – Employee Input The employee input portion is completed by the employee and then provided to the supervisor for review and preparation of the supervisor’s assessment. The employee should review the last evaluation form that was prepared to determine if he or she has achieved the listed goals. January 1-15 68 221698v1 Thereafter, the employee should prepare a list of key results and accomplishments for the period. Annual Review- Supervisor Assessment Prior to meeting, the supervisor should review the last evaluation form that was prepared to determine if goals were met and whether the items listed in “Areas of Improvement” have been addressed. The supervisor should then prepare responses for discussion with the January 15-31 As of December 2021 employee during the current evaluation process. When completing the form, the supervisor should use specific examples of conduct to formulate comments. Evaluation Goal Setting Meeting The supervisor and employee will meet to discuss the current evaluation and set goals for the coming rating period. They should meet in an atmosphere that is both private and free of interruptions, and the supervisor should take particular care to make the meeting a priority. There should be an open and honest exchange where each is permitted to state his or her opinion regarding the answer to any section. January 15-31 Formal Evaluation Department Director Review After the meeting, the supervisor will finalize the evaluation form including any additional comments. If an employee disagrees with a particular answer, he or she may note the disagreement on the form or by attaching a separate document. When the form has been completed, it will be signed by the employee, the supervisor, and the department director. The supervisor will provide the original copy to the City Management Assistant, will keep a copy in his or her files, and will provide a copy to the employee. NLT 31 January 4. Responsibilities: A. City Administrator. The City Administrator is responsible for establishing the performance evaluation policy and process. B. Department Director. Department heads are responsible for ensuring the evaluation process is completed within their departments on time and to standard. Department Heads will review all evaluation within their department’s to ensure they are complete, consistent, and fair. C. Supervisor. Supervisors are responsible to coordinating the completion of the evaluation and goal setting process with their subordinate employees and ensure the process is documented and recorded in the employee’s personnel files. Supervisors are 69 221698v1 responsible for ensuring all of their employees receive a fair and objective evaluation. Supervisors are responsible for scheduling and leading ongoing check-ins with their subordinates. D. Employee. Employees are responsible for preparing the self-evaluation portions of the evaluation process and working with their supervisors to establish goals. E. Management Assistant. The Management Assistant shall ensure personnel files are kept up to date and performance evaluations are filed appropriately. The Management Assistant shall assist the City Administrator in tracking completions of annual and semiannual performance evaluations. 5. Process Step Descriptions and Tips. The following are excerpts from the U of M Leadership and Talent Development Program. They expand on the description provided in section three and are meant to be an aide to supervisor in ensuring a meaningful performance appraisal process. A. Goal Setting. Goals are the most important way to set expectations for an employee. They should include both and key behaviors and expectations needed for achieving the desired key results to accomplish goals throughout the rating period. Well- designed goals guide an employee’s priorities and efforts and set the agenda for the year. Setting meaningful goals is one of the most powerful ways that you can motivate employees, focus their contributions, and help them improve their performance. Clear and relevant goals are the foundation for effective coaching and feedback as well as for performance evaluations. B. Ongoing Check-ins. Check-ins are regular discussions that happen throughout the year to check in on progress toward goals, stay aligned on current projects, discuss what is going well and what could be better, and agree on next steps. Ongoing check-ins promote progress toward goals by providing opportunities for feedback and support. Having regular meaningful conversations is key to on-the-job learning which is the single most important way people improve and grow at work. The ideal frequency of check-in discussions depends upon the work, the person, and any department practices. For most roles, ongoing check-in conversations around goals should happen at least quarterly, and they can be as short as 15 minutes. The following are recommended are the steps for a check in: (1) Discuss Roles and Responsibilities for Check-Ins. Discuss expectations for what you, the supervisor, and your direct report are each responsible for. A good time to do this is at the beginning of the performance cycle, once the annual goals are set and revisit as needed. If one or both of you are not taking ownership for your role in check-ins, this is an important place to start your next check-in conversation. (2) Review and Update Goals. Ongoing check-ins by design are centered on goals. 70 221698v1 (3) Evaluate Current Progress And Provide Comments To Support Performance And Development. Discuss and evaluate progress toward goals; this does not need to be a formal assessment. Provide feedback about the goals based on your observations, feedback from others, and the updates that the employee has shared. (4) Determine Next Steps. Determine What do they need to support them in this work (additional information, resources, skills, training, opportunities to practice, etc.)? Discuss Agree on next steps for the work, for the person’s development, and for your future check-ins: • What are the person’s next steps and when will these next steps be taken? • What are your next steps as their supervisor and when will you take them? This can be a simple conversation or a more detailed, formal process. Consider what makes the most sense for the work, for the individual, and what practices and expectations exist within your organization. Document Take a note of this information as reference for future check-ins, especially since it will help inform the formal evaluation at the end of the year: updated goals, summary of progress and next steps. C. Performance Evaluation. Performance evaluation includes measuring effectiveness in meeting expectations for achieving results as well as how those results are achieved (i.e., behaviors). Effective performance evaluation does not happen only at the end of a year but through ongoing check-ins throughout the year. Formal evaluation is the final step in the performance management process and includes writing and delivering a performance evaluation. Ideally, a formal evaluation is a summary of what has already been discussed throughout the year. Steps: (1) Get the Employee input on their results and impact. Have employees summarize their key results and accomplishments for the year. These descriptions should include: a) the situations they faced, b) the actions they took, c) the results they achieved, and d) the impact of those results. Avoid asking employees to self-rate. Instead, focus employee input on accomplishments and impact. This increases communication and understanding, decreases disconnects between the manager’s view and the employee’s view, and increases employee ownership and acceptance of the process. Accomplishments and impact can be included in part of the review, and can be helpful in making pay or promotion decisions. (2) Get Input From Others. Ask for input from an employee’s peers, direct reports, and important partners in other departments or units. This type of 71 221698v1 input is often seen as especially credible and helpful for employees, and done as a simple conversation or through a more formal feedback process (3) Evaluate The Results The Employee Achieved. Identify the employee’s most important accomplishments of the past year. Determine the impact those accomplishments had on the department or city and the contribution they made to important goals and priorities. Include context, accomplishment and impact in your descriptions. Use relevant, accurate metrics (if available) to inform your evaluation of the employee’s impact and contributions. (4) Evaluate How They Achieved Results. Identify how the person was expected to achieve results. Including behaviors in the evaluation process is an important way of differentiating between employees who are performing more or less effectively than others. Ask yourself: • Did they meet the behavioral expectations on a consistent basis? • Did they consistently exceed these expectations? • Did they perform below expectations much of the time? (5) Write The Performance Review. Take the time to be thoughtful and specific with the narrative potions of the evaluation, as the narrative will be the most useful portion of the review for the employee. Narratives provide important feedback that helps the employee understand how they are performing relative to the expectations for their role. (6) Discuss The Review With The Employee. This is the most important part of the process. Key point: Context If you had formal or informal ongoing check-ins throughout the year, summarize these discussions in the annual review conversation to provide context. Narrative & Rating Discuss the narrative, the performance rating, and the rationale for the rating the person received. Discuss both the results the person achieved as well as how they achieved those results (i.e., behaviors). Input Ask the employee to share their thoughts and opinions on each portion of the review. Show Empathy If anything surprises the employee (particularly anything negative), consider whether this is the first time they are hearing it. If it is, then let them know that you are aware that this is new information to them and give them time to consider what they have heard. Give time Before and during review discussion: Provide employees with a written review prior to your discussion so that they a chance to familiarize and reflect. If they react defensively expect that they will need time before they can have a productive conversation about how to address the information. If the employee is receiving regular feedback and coaching throughout the year, nothing in an annual review should be a surprise. 72 221698v1 (7) Set Goals and Developmental Activities for the upcoming year. Goals. If you aren’t already doing so, consider setting broad annual goals for next year and then using ongoing flexible goalsetting for specific shorter-term goals. Keep the broad goals specific, important and measurable. The review session is often a good time to begin creating a development plan. Focus on the specific behaviors and skills that will help the person be successful in achieving the goals ahead. Forms a. New Employee Initial Counseling b. Ongoing Check in Record. c. Annual Review – Employee Input d. Annual Performance Review Example Forms a. New Employee Initial Counseling b. Ongoing Check in Record. c. Annual Review – Employee Input d. Annual Performance Review 221698v1 New Employee Initial Counseling: Used for new employees of existing employees taking on a new role. Employee Name Position Evaluation Period Evaluator to Job Title and Summary Description: from Job Description used in hiring Key Onboarding Requirements: Identify those key onboarding items the employee must accomplish to meet the requirements of the position and be successful. Item Due by: GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. 74 221698v1 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Discussion Date: _____________ Supervisor: ________________________ Signature:____________________________ Employee:__________________________ Signature: ___________________________ Department Director Reviewed: Date:______________ Signature:______________________ 75 221698v1 Ongoing Check In: (Mid-year required for probationary employees, those on performance review plans and department heads.) Employee Name, Title Evaluation Period Evaluator, Title Department GOALS: Copy and paste the goals set at the beginning of the rating period here. DEVELOPMENT/ TRAINING GOALS: Copy and paste the goals set at the beginning of the rating period here. Employee Input: Provide some bullet point updates on progress toward goals and assistance/ direction you need from your supervisor. Supervisors Feedback: Provide feedback on progress to date on goal achievement and guidance on the way forward. 76 221698v1 Area(s) for Improvement: Identify any areas requiring improvement and a plan to achieve that improvement. Discussion Date: Employee Signature: ____________________ Supervisor Signature:____________________ 77 221698v1 ANNUAL REVIEW – EMPLOYEE INPUT Employee Name Position Evaluation Period Evaluator GOALS: Copy and paste the goals set at the beginning of the rating period here. DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. KEY ACCOMPLISHMENTS: List three things you accomplished or felt were successes this past rating period. Group by areas of responsibility and tie to goals set at the beginning of the rating period. Growth Areas: List any challenges you overcame and what would you would like to have done better during the past rating period and how you plan to improve those things in the next rating period. (minimum one) 78 221698v1 PROFESSIONAL DEVELOPMENT/ TRAINING: List your training/professional development achievements for the past year. ORGANIZATIONAL FEEDBACK: I know what is expected of me at work? I understand the mission and goals of my Department / City? Yes No Example: I have the support, materials and equipment I need to for my job well? (Clear direction, access to my supervisor, tool/equipment and training) Yes No Example: Do I receive enough / relevant feedback at work? Yes No Example: 79 221698v1 ANNUAL PERFORMANCE EVALUATION Employee Name Position Evaluation Period Evaluator From: To: “X” Appropriate Box. Comments required for “Exceeds Expectations” and “Needs Improvement”. Please explain why in comments/examples and what actions are to be taken. Exceeds Expectations: Performance is exceptional and usually exceeds job requirements. Meets Expectations: Meets all job Requirements. Needs Improvement: Performance is below standards and requirements of the job. 1. Values: Displays the Values of Honesty, Integrity, Service, Collaboration, and Excellence 2. Punctuality and Attendance: Works required hours, and arrives punctually to work and scheduled meetings. 3. Accountability: Accepts responsibility for actions and/or accomplishments. 4. Job Knowledge: Possesses and applies the necessary knowledge and mechanical skills for the position. 5. Professional Development: Participates in training programs, takes advantage of educational opportunities, reads professional publications to stay current on new developments and methods related to position. 6. Time Management: Organizes work to use time effectively and efficiently. Works effectively under heavy workload and meets agreed-upon stated deadlines. 7. Initiative: Willing to accept new and/or additional responsibilities. Completes tasks with little supervision, Suggests improvements to existing procedures. 8. Decision Making: Demonstrates effective decision making skills. Regularly exercises sound judgement. Thinks quickly and logically. Demonstrates ability to evaluate problems and situations calmly and identify problem areas which need to be addressed. 9. Quality: Follows directions and asks questions as necessary to meet desired results. Work accurate and thorough. Suggests ways to improve quality. Checks work to ensure good quality? 10. Safety: Follows safety rules and demonstrates safe work practices. Provide comment on any accidents, equipment damage incurred over the past rating period. 11. Communication: Demonstrates effective oral communication skills and conveys information in a clear and concise manner. Demonstrates effective written communication skills and conveys ideas and information in written format. 12. Cooperation: Cooperates with peers and immediate supervisor to accomplish work effectively and efficiently; helps create and maintain good working relationships, and provides effective assistance. 13. Customer Service: When dealing with residents, customers, or the general public is courteous, polite, patient, positive and helpful. Listens, displays empathy and responds in a timely manner. Keeps customers informed 14. Leads: Creates a positive work environment focusing on teamwork, mutual respect and trust. Gains commitments from organization members by setting the example, effective communication, and maintaining discipline. Creates a culture which fosters individual motivation. Ensures teams is properly trained and performs task in a safe manner. 80 221698v1 15. Plans: Sets goals and objectives, consistent with city/department goals, and develops plans to achieve the desired goals. Schedules work activities effectively, arranges workload to resources available to get desired result, allows flexibility in planning to accommodate changing needs by adopting alternate plans, and copes well with unexpected occurrences through proper planning. 16. Resource Management: Develops /assists in developing the organization budget covering all functions and monitor expenditures to ensure compliance with the budget. Ensures the care maintenance of organization equipment, facilities and supplies. 17. Achieves: Plans and coordinates both internal and external activities and resources to ensure successful completion of the organizations mission and goals. Examples: OVERALL ANNUAL ASSESSMENT: Provide an overall assessment of the employee’s performance during the last review period. Group by areas of responsibility. For supervisors include assessment of management and leadership. 81 221698v1 Annual Review: Overall performance related to position requirements. Outstanding Performance is distinguished in all aspects of the position. Exceeds Expectations Performance is exceptional in the major aspects of the position. Meets Expectations A fully competent, highly valued performer. Needs Improvement Performance is below the standards and requirements of the position. Not Effective Performance is well below standard and is unacceptable. GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. 82 221698v1 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Discussion Date: _____________ Supervisor: _________________________ Signature:____________________________ Employee:__________________________ Signature: ____________________________ Department Director Review: Date:______________ Signature:______________________ 83 221698v1 New Employee Initial Counseling: Used for new employees of existing employees taking on a new role. Employee Name Position John Doe Parks Maintenance Worker Evaluation Period Evaluator 1 Jan 20 to 30 Jun 21 Jane Smith, Parks Superintendent Job Title and Summary Description: from Job Description used in hiring Parks Maintenance Worker This position performs a wide range of tasks to maintain the city parks, trails, natural/open space, grounds, playground equipment, and lake access points. This position will require the use of a variety of equipment and tools. Occasional help may be required for public works and the golf course. Key Onboarding Requirements: Identify those key onboarding items the employee must accomplish to meet the requirements of the position and be successful. Item Due by: Administrative enrolment (payroll, benefits, IT) 15 Jan 20 PPE Issue 20 Jan 20 Equipment certification on Chainsaw, Skid steer and Mowers 15 Mar 20 Complete State Certification for Pesticide application 15 April 20 Complete all annual Safety Training 15 April 20 GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. Successfully complete your probationary period by: Familiarization- visit each park in the system to become familiar with their layout maintenance needs and location. Complete one round of inspections on Playground Equipment. Successfully operator equipment for snow and ice operations on city trails, sidewalks and parking lots. Successfully complete irrigation stat up procedures this spring. Complete / assist coordinating preventive maintenance activities for parks and Golf Course equipment. Use a continuation sheet if necessary 84 221698v1 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Enroll and complete the pesticide course Enroll in and complete the Shade Tree courses. Discussion Date: _____________ Supervisor: ________________________ Signature:____________________________ Employee:__________________________ Signature: ___________________________ Department Director Reviewed: Date:______________ Signature:______________________ 85 221698v1 Ongoing Check In: (Mid-year required for probationary employees, those on performance review plans and department heads.) Employee Name, Title Evaluation Period John Doe PW Streets Supervisor January 1st, 2020 June 30th, 2020 Evaluator, Title Department Jane Smith, Public Works Superintendent Public Works GOALS: Copy and paste the goals set at the beginning of the rating period here. Identify any goal adjustments. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2020 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2020. DEVELOPMENT/ TRAINING GOALS: Copy and paste the goals set at the beginning of the rating period here. Complete 40 hours of professional development training and recertification’s. Sanitary sewer recert; Shade Tree recert, APWA Winter conference continuing education; Cartegraph administrator certification. Employee Input: Provide some bullet point updates on progress toward goals and assistance/ direction you need from your supervisor. Roads: Salt usage in the start of this year is down 20% from previous 2 years. I’ve instituted a new sweeping program with the spring sweeping completed successfully. Stormwater: I’ve completed the remaining MS4 inspection that had not been completed in 2019. I’ve noted one key improvement for 2020 and am working to ensure we have sufficient funding. This spring we did not have ant spring thaw flooding situations due to proactive maintenance of the system. Equipment: The overall equipment readiness continues to improve with down time reduced form the same time last year. We completed new equipment training for the new Toolcat prior to it’s use for winter trial maintenance. Leadership and Management: We’ve successfully on boarded two new employees. So far to date we are under budget on the budget lines I’m responsible for. We had no reportable accidents in the first 6 months of the year. Training- I completed my shade tree recert via online training. Slightly behind on the Cartegraph training. Other training is scheduled. Use a continuation sheet if necessary Supervisors Feedback: Provide feedback on progress to date on goal achievement and guidance on the way forward. 86 221698v1 - Communication: So far you’ve done a good job integrating and developing positive relationships with your fellow supervisors and support staff through regular, respectful positive communication- Sustain. - Key areas of focus going into the second half of 2021: o Preparation for winter with a focus on reducing salt usage. o Ensuring all of the preventive maintenance tasks and inspections are completed on time. - Management of Staff: Good work managing of your staff and coordinating the staff that do not directly report to you. With all of the challenges of the last 6 months you’ve ensured the city’s customer service has not suffered. Use a continuation sheet if necessary Area(s) for Improvement: Identify any areas requiring improvement and a plan to achieve that improvement. - Presentation skills- Not an issue but an area that you could go from good to excellent. Example- slide decks in the last meeting were very busy with lots of small text. Discussion Date: July 15th, 2020 Employee Signature: ___Signature_________________ Supervisor Signature:___ Signature_________________ 87 221698v1 ANNUAL REVIEW – EMPLOYEE INPUT Employee Name Position John Doe PW Streets Supervisor Evaluation Period Evaluator January 1st, 2020 June 30th, 2020 Jane Smith, Public Works Superintendent GOALS: Copy and paste the goals set at the beginning of the rating period here. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2020 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2020. Use a continuation sheet if necessary DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. - Recertify shade tree certification. - Complete defensive drivers training - Attend fall APWA conference to complete continuing education requirements. KEY ACCOMPLISHMENTS: List three things you accomplished or felt were successes this past rating period. Group by areas of responsibility and tie to goals set at the beginning of the rating period. Roads: Salt usage in the start of this year is down 20% form previous 2 years. I’ve instituted a new sweeping program with this year’s sweeping completed successfully. Stormwater: I’ve completed the remaining MS4 inspection that had not been completed in 2019 as well as all of those due in 2020. This spring we did not have any spring thaw flooding situations due to proactive maintenance of the system. Managed the successful completion of 73 Stormwater maintenance tasks in 2020. Equipment: The overall equipment readiness continues to improve with down time reduced form the same time last year. We completed new equipment training for the new Toolcat prior to its use for winter trial maintenance. Leadership and Management: We’ve successfully on-boarded two new employees. The department finished the year under budget on the budget lines I’m responsible for. We had no reportable accidents this year. Use a continuation sheet if necessary Growth Areas: List any challenges you overcame and what would you would like to have done better during the past rating period and how you plan to improve those things in the next rating period. (minimum one) 88 221698v1 Equipment Preventive Maintenance- we had several unexpected major equipment maintenance items this year that may have been caught earlier have the operators done better preventative. While better than previous years there is still room for improvement. Plan to improve. Will look to develop a preventive maintenance schedule for operators that will then be spot checked by the new Mechanic. PROFESSIONAL DEVELOPMENT/ TRAINING: List your training/professional development achievements for the past year. Achievement 1. I completed my shade tree recert via online training. Achievement 2. Achieved all of my needed continuing education credits. ORGANIZATIONAL FEEDBACK: I know what is expected of me at work? I understand the mission and goals of my Department / City? X Yes No Example: I’ve been here for over 5 years and feel comfortable in my position and where I add value to the city. I have the support, materials and equipment I need to for my job well? (Clear direction, access to my supervisor, tool/equipment and training) X Yes No Example: I have what I need. I do believe the city should look at a new system for doing XXXX which should improve efficiency. Do I receive enough / relevant feedback at work? Yes X No Example: I seem to only get feedback at the end of the rating period. I would appreciate more frequent check ins with my supervisor. 89 221698v1 ANNUAL PERFORMANCE EVALUATION Employee Name Position John Doe PW Streets Supervisor Evaluation Period Evaluator From: January 1st, 2020 To: June 30th, 2020 Jane Smith, Public Works Superintendent “X” Appropriate Box. Comments required for “Exceeds Expectations” and “Needs Improvement”. Please explain why in comments/examples and what actions are to be taken. Exceeds Expectations: Performance is exceptional and usually exceeds job requirements. Meets Expectations: Meets all job Requirements. Needs Improvement: Performance is below standards and requirements of the job. 1. Values: Displays the Values of Honesty, Integrity, Service, Collaboration, and Excellence X 2. Punctuality and Attendance: Works required hours, and arrives punctually to work and scheduled meetings. X 3. Accountability: Accepts responsibility for actions and/or accomplishments. X 4. Job Knowledge: Possesses and applies the necessary knowledge and mechanical skills for the position. x 5. Professional Development: Participates in training programs, takes advantage of educational opportunities, reads professional publications to stay current on new developments and methods related to position. x 6. Time Management: Organizes work to use time effectively and efficiently. Works effectively under heavy workload and meets agreed-upon stated deadlines. x 7. Initiative: Willing to accept new and/or additional responsibilities. Completes tasks with little supervision, Suggests improvements to existing procedures. x 8. Decision Making: Demonstrates effective decision making skills. Regularly exercises sound judgement. Thinks quickly and logically. Demonstrates ability to evaluate problems and situations calmly x and identify problem areas which need to be addressed. A solid performance should be 9. Quality: Follows directions and asks accurate and thorough. Suggests ways to i questions as necessary to meet desired results. Work characterized by predominately Meets mprove quality. Checks work to ensure good quality? x 10. Safety: Follows safety rules and de accidents, equipment damage incurred ov Expectations with 1-2 Exceed Expectations monstrates safe work practices. Provide comment on a and maybe 1-2 Needs Improvements er the past rating period. ny x 11. Communication: Demonstrates a clear and concise manner. Demonstrate information in written format. effective oral communication skills and conveys nform s effective written communication skills and conveys idAn exceptional employee should have predominantly Meets expectations with 3-4 ation in eas and x 12. Cooperation: Cooperates with p and efficiently; helps create and maintain g eers and immediate supervisor to accomplish work effeExceeds Expectations. ood working relationships, and provides effective assis ctively tance. x 13. Customer Service: When dealing with residents, customers, or the general public is courteous, polite, patient, positive and helpful. Listens, displays empathy and responds in a timely manner. Keeps customers informed x 90 221698v1 14. Leads: Creates a positive work environment focusing on teamwork, mutual respect and trust. Gains commitments from organization members by setting the example, effective communication, and maintaining discipline. Creates a culture which fosters individual motivation. Ensures teams is properly trained and performs task in a safe manner. x 15. Plans: Sets goals and objectives, consistent with city/department goals, and develops plans to achieve the desired goals. Schedules work activities effectively, arranges workload to resources available to get desired result, allows flexibility in planning to accommodate changing needs by adopting alternate plans, and copes well with unexpected occurrences through proper planning. x 16. Resource Management: Develops /assists in developing the organization budget covering all functions and monitor expenditures to ensure compliance with the budget. Ensures the care maintenance of organization equipment, facilities and supplies. x 17. Achieves: Plans and coordinates both internal and external activities and resources to ensure successful completion of the organizations mission and goals. x Examples: E: Job Knowledge: John took over the project management in construction inspection role for this year’s stormwater improvement project resulting in a smoothly run project that finished ahead of schedule and on budget. E: Communication. John makes the effort to communicate and coordinate across departments and within the crew. His strength is oral communication. He routinely works with residents to resolve issues and complaints. Examples include resolving snow plow damage complaints and processing road maintenance requests. N: Achieves: The 2019 Personnel Evaluation process was not completed in a timely manner. As of June none of his had been counseled on their previous year’s performance nor did goals get set for the upcoming year. OVERALL ANNUAL ASSESSMENT: Provide an overall assessment of the employee’s performance during the last review period. Group by areas of responsibility. For supervisors include assessment of management and leadership. -Roads: Successfully implemented the maintenance stripping program and maximized the amount of crack sealing we got done with our limited resources. Successfully coordinated contracted patches for a worst pavement sections. -Stormwater: Successfully took over the project management of the stormwater improvement project. Nearly completed the storm water inspection plan for 2020. Several storm water maintenance items remain on the list and overdue. -Equipment: John has made great strides in improving maintenance readiness. He championed the procurement of key pieces of equipment such as the tool cat, ROW mower and the brine distributer. - Management. Overall John exceeded expectations when it came to managing his department’s roles and responsibilities. He accomplished the vast majority of his missions on time and within budget. He went out of his way to coordinate activities with staff and outside agencies. - Leadership. Overall John met expectations when it came to leading his department and subordinates. John always goes the extra mile to represent the interests of the public work team and ensure the administrative needs of his subordinates are addressed. I believe John has excellent potential to be a leader at higher organizational levels with greater responsibility. Use a continuation sheet if necessary Annual Review: Overall performance related to position requirements. x 91 221698v1 Outstanding Performance is distinguished in all aspects of the position. Exceeds Expectations Performance is exceptional in the major aspects of the position. Meets Expectations A fully competent, highly valued performer. Needs Improvement Performance is below the standards and requirements of the position. Not Effective Performance is well below standard and is unacceptable. GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan with emphasis on tracking MS4 requirements. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2021 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Continue to refine the MS4 Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2021. Use a continuation sheet if necessary DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. - Compete Commercial Driver relicensing - Begin APWA Public Works Supervisor certification course with goal of completing in 2 years. Discussion Date: __21 Jan 21___________ Supervisor: _______ Jane Smith __________ Signature:______ Signature ___________ Employee:______ John Doe ____________ Signature: _______ Signature _______________ Department Director Reviewed: Date:__22 Jan 21________ Signature:_______ Signature ________ 92 221698v1 Appendix B. Tuition Reimbursement Policy and Forms 93 221698v1 Tuition Reimbursement Policy Purpose. The purpose of this plan is to provide guidance in the administration and participation of the tuition reimbursement program for City of Orono Staff members. Definitions: • Tuition Reimbursement Form – The document completed by an employee requesting tuition reimbursement as approved by the City Administrator. • Tuition Cost – The amount of money charged by an institution for participation in class(es) including all fees, service charges, textbooks and other expenses. • Educational Planning Statement – A statement of the employee’s educational goals, how those goals will benefit the City of Orono in fulfilling its mission, the courses the employee is going to take to achieve those goals, the approximate tuition cost the for which the employee is seeking reimbursement and the time frame the officer intends to use to complete the educational goals. • Reimbursable Amount – The amount of tuition cost that will be reimbursed to an employee. May include all or only a portion of the tuition cost based on available funds and must be approved by the City Administrator. Procedure. All tuition reimbursement will be incumbent upon the amount of money available to the City of Orono at the time application is made. Monies for reimbursement can come from a combination of several sources such as private donations, grants and available training money. • The employee will be responsible for filling out the Tuition Reimbursement Application Form, completing an Educational Planning Statement and turning it in to their Department Head. After review, the Department Head shall forward the application and statement to the City Administrator with a written recommendation. The Department Head shall forward this information to the City Administrator no later than seven days after receipt. Improper or inadequate applications and/or statements shall be returned to the employee. • Upon receipt of the Tuition Reimbursement Application Form and the Educational Planning Statement, the City Administrator shall approve or disapprove the application on a case by case basis based upon whether or not the employee’s request is consistent with the mission and goals of the City of Orono and whether or not there are adequate funds available to meet the employee’s reimbursement request. The City Administrator shall notify the employee on the outcome. 94 221698v1 • The employee shall be responsible for providing the Department Head with evidence of satisfactory completion of approved class(es) within 30 days of receipt of grades showing course completion. For our purposes, satisfactory completion of the course means at least a grade of “C” or a “Satisfactory/Pass” and at least a 2.0 GPA. Any grade less then a “C”, “Satisfactory/Pass” or lower GPA then a 2.0 shall result in no tuition cost reimbursement for the employee. If the class is not completed, or no grade obtained, the City would not pay. The maximum reimbursement per course will be based on an average course cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the city if they voluntarily leave employment within twelve months of receiving tuition reimbursement from the city. • It shall be the employee’s responsibility to provide the Department Head with the necessary receipts for class(es), service charges, textbooks and other fees contained within the tuition cost as approved by the City Administrator. Eligibility. • Non-probationary, full-time employees in good standing shall be eligible for this program. • An employee who leaves the employ of the City of Orono or is no longer an employee in good standing will no longer be eligible for reimbursement. • Employees are also ineligible if they are receiving educational subsidies in the form of grants, scholarships or other tuition reimbursement. • An employee who does not remain an active employee of the City of Orono for a period of at least twelve months after successful completion of the course must agree in writing prior to approval by the City Administrator to repay the tuition cost to the provider(s) within one calendar year of separation from employ. This includes resignation, retirement or termination for cause. Limitations. Courses and coursework taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement: • Employees approved for the program will be responsible for ensuring their class schedule does not conflict with their work schedule. Flexible scheduling to obtain this goal is acceptable, but flexible scheduling must have advance approval from their Department Head. • Employees in the program will not be allowed reimbursement for mileage, lodging, travel time, airfare or other expenses unless pre-approved by the City Administrator. • Courses must be directly related to the employee’s present position. 95 221698v1 • Educational goals must be aimed at completion of a certificate, undergraduate or graduate program. • Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position. 96 221698v1 Appendix C. Website Policy 97 221698v1 Website Policy Purpose: The website is provided as an additional communication tool between the City and the public it serves for the purpose of sharing public information related to the City’s local governmental activities, programs and services, and other public entities. All information on the City’s site will be provided in the most positive, professional, user- friendly manner possible. Participation: Designated City employees may have access and the ability to post information on the City website. The Webmaster oversees all changes and updates to the website. The Webmaster and the City Administrator have the final decision on what content is appropriate to publish on the City website. Departments are expected to actively participate in maintenance of the website, and must check their information on a periodic basis to ensure that information is current and fresh. The City website may not contain any message boards and prohibits the creation of blogs. Creation of other Web Content: City employees cannot create separate web pages or website for communicating City business without the approval of the Webmaster and City Administrator. Employees cannot create social websites for communicating City business or information such as Facebook or Myspace without the approval of the Webmaster and the City Administrator. If an employee receives permission, the social page must serve a specific City purpose or need. The employee is also held responsible to adhere to the Data Practices Act. External Links: Links to other community or government information websites may be provided within the City’s website under the following criteria: The information in the linking site is useful and informative to the entire Orono community rather than special interest groups. • The information is presented from a neutral viewpoint. • Typical organizations which may be appropriate for linking include: • Ad hoc committees appointed by the City Council; • Quasi-government entities, such as watershed and park districts that include Orono; • Other government entities; • Public education institutions; • Public utilities that serve Orono; • Non-profit Orono civic, educational, athletic and recreational organizations; • Athletic Associations that serve Orono; • Organizations providing information about art, cultural, and sporting activities in the City’s area; • Organizations providing information about tourist attractions in the City’s area; • Generally recognized community organizations. 98 221698v1 Inappropriate links include, but are not limited to, sites which endorse a specific candidate for local, state or federal office, represent a religious position, or operate for-profit. The City of Orono shall not be responsible for and does not endorse the information on any linked website; nor does the City of Orono guarantee the accuracy, completeness or timeliness of the information on those sites. The City of Orono is not liable for defamatory, offensive, or illegal conduct of linked sites. The links from this site to other sites on the World Wide Web do not constitute or imply endorsement or recommendation on the part of the City of Orono. Links to the City website are not controlled. It is the nature of the internet for websites to link to other websites. Administrators from other websites do not have to ask for permission to link to the City of Orono website. It is recommended that websites that link to Orono should periodically verify links for accuracy since page urls are subject to change without notice. Advertisements: No advertisements other than for City-sponsored events, paid or unpaid, will be posted on the City’s website. Disclaimer: The City of Orono will make every effort to ensure the accuracy of the information provided on its website. However, due to the possibility of unauthorized modification of the data, transmission errors, HTML browser incompatibilities, human error, changes made since the last update to the website or other aspects of electronic communication that are beyond the City's control, the City does not guarantee the accuracy of the information provided on its website and is not liable for reliance on the information. Training Department Heads shall be responsible for addressing staff training needs as part of the development of their annual budgets in an effort to ensure each user is adequately trained to accomplish their job duties. Annual training needs shall be reviewed with Administration in order to determine if there are cross-Departmental needs. Training needs will be prioritized based on amount of need, training funds available, and applicability to job functions. 99 221698v1 Appendix D. Information Technology Forms 100 221698v1 IT Devise Acknowledgement Form 1. Purpose These guidelines pertain to City staff and Council Members who are issued a device purchased by the city. The purpose of these guidelines is to outline the responsibilities and care required for city-issued iPad or tablet devices. The devices are intended to be utilized by City staff and Council Members for the purpose of enhancing meeting workflow, reducing the use of paper agenda packet materials, improving staff efficiency, and to improve the timeliness of Council, staff and resident communication. 2. Authored Use Issued devices are intended for conducting City business. The city does not maintain loaner devices, so users will be responsible for conducting meetings without a device in the event of a lost or misplaced device. Devices shall be maintained in a suitably charged state during work hours. Inappropriate media may not be used as a screensaver or background photo. Devices will be secured with a minimum eight (8) digit numeric pass code. Sound shall be muted at all times unless needed for instructional purposes. Personally-owned music, games and apps may only be present on city-issued device when using a personal application store account. In case a device is restored to its original condition, the user is responsible for restoring any personal content. City IT department is not responsible for backing up personal related content. Users may save work locally on the device. It is strongly recommended that users utilize the city-designated online storage technology. Information stored on the iPad or tablet device could be classified as public, private, or other data and is governed by the Minnesota Government Data Practices Act (MN Statute Chapter 13) and must be treated accordingly. City s taff and Council Members should retain information stored on the iPad or tablet device in keeping with city policies and procedures per the General Records Retention Schedule. 3. Personal/Home Use The iPad or tablet device is a powerful computing tool. City-issued devices may be taken home provided the use is consistent with the City’s mission, does not interfere with or negatively impact any other person’s or entity’s rights and work and/or learning environment, and does not conflict with any law Failure to adhere to the policy shall result in the revocation of such use privilege. Installation of applications is limited to applications that are consistent with the terms listed in this policy and are available through the application store. Installation of additional applications shall be at the sole expense of the user, utilizing their personal application store account. Modification of the device’s operating system to allow installation of applications not approved legally is prohibited. While instruction and advice may be offered, the City IT department is not responsible for home network use or support. 101 221698v1 It is the policy of the city to maintain the right to access and disclose any and all messages communicated through electronic means when city issued equipment is used. Regardless of the intent of the message (business or personal), any employee involved has no right to privacy, or to the expectation of privacy, concerning the content of any message or the intended destination of any message when using city-issued equipment. 4. Device Care Users will be held responsible for the maintenance and care of assigned communication devices. • Keep batteries charged and ready for use at meetings. • Clean the view screen with a soft, dry cloth or anti-static cloth as needed. • Do not lean or place anything on the screen that may cause damage. • Utilize the protective case at all times. • When not in use, store in a secure location. Never leave in an unlocked car or any other theft-prone area. • Immediately report lost stolen, malfunctioning or damaged devices to the IT department. • Stolen devices must be reported immediately to the local authorities. • Consult with IT before connecting or syncing devices to another computer. Devices that malfunction or are damaged must be reported to the IT Department. The City will be responsible for repairing devices that malfunction. Devices that have been damaged from misuse or neglect, in the sole and exclusive judgment of the IT department, will be repaired by the City, with the cost borne by the user. Damage includes, but is not limited to, broken screens, cracked plastic pieces, and inoperability. If the cost to repair the device exceeds the cost of purchasing a new device, the user shall pay the full replacement value. If the device is stolen or lost, the user shall pay an amount deemed appropriate by the balance of the Finance Director. If the device is stolen or lost, the user shall pay the full amount of the replacement. All appeals will be decided by the balance of the Finance Director. 5. Application Software All software applications purchased and installed by the City IT department must remain on the device in a usable condition and be accessible at all times. Users are responsible for personal software applications and are responsible for installation and backup. • Software purchased by the city will be done through the City’s application store account or similar account. • Users are allowed to purchase and download personal applications providing they are not profane, obscene or offensive to others. • The city is not responsible for the loss of any personal software applications when the device is updated, tested with diagnostic tools or restored to its original state. • Storage space needed for city applications will take precedence over space used for personal items. 6. Purchase or Return of Device Upon separation with the City, the City staff and Council Members must return the device to the IT department. Upon separation with the City due to the conclusion of the term of office or 102 221698v1 resignation, the iPad will be returned to the IT department, who will: (1) have the device returned to factory settings and remove any documents, images, files, or media stored on the device and re-issue the unit; or (2) allow the outgoing Council Member or City staff to purchase his or her device at “trade in” value established by a reputable electronic store. 7. Acknowledgement All City staff and Council Members who are assigned an iPad or tablet device shall be provided a copy of these guidelines and shall acknowledge receipt and understanding of the provisions outlined herein. The guidelines may be updated as needed. I agree that I will use the city iPad or tablet device in accordance with the specifics outlined in this user agreement. I also understand that use of a city asset is a privilege that may be revoked at any time. Printed Name: ___________________________________ Signature: _______________________________________ Date: ___________________________________________ 103 221698v1 Cell Phone Plan and Use Acknowledgement Purpose/Policy The purpose of this policy is to provide guidance with regard to who has cell phone privileges and City expectations of those with City-owned or City reimbursed cell phones. Cell phones are assigned to employees who must be accessible due to the nature of their duties and/or those who must be available for emergency response or consultation. The provision of a cell phone allowance or City-owned cell phone serves a public purpose in providing employees with the ability to perform job-related duties, which are directly related to the governmental purposes. Scope Based on business need in providing service to the citizens of the City, contractors, or City related contacts, designated staff will be provided a cell phone for City business purposes. In lieu of a City-owned cell phone, designated staff may elect to receive an allowance toward the cost of an employee’s personal cell phone service which will also be used for City business purposes. General Provisions Based on business need, the Department Director and/or City Administrator will determine which positions in the departments require a cell phone. These work-related needs include, but are not limited to: a. When safety of self or others may be at risk. b. When the employee’s main work location is in the field where land lines and other primary radio/telephone communications are not available. c. To provide immediate communication with staff in the department and other agencies as required to coordinate programs or provide customer service. d. Improved efficiency in the performance of the job. e. The need to be able to contact the employee on short notice. f. The employee’s role in emergency response. Monthly Allowance Election Employees designated to receive a cell phone may elect to receive a _______ dollar monthly cell phone allowance in lieu of a City-owned cell phone. Initial purchase of the cell phone, accessory equipment, and activation fees will be the responsibility of the employee. The employee will pay all costs exceeding the amount of the cell phone allowance. Employees receiving an allowance, in lieu of a City-owned cell phone are responsible for the following: a. Procuring and maintaining cellular service from a reliable carrier who provides phone numbers in the local calling area of Orono. b. Providing documentation in a manner prescribed by the Finance Director to activate and maintain monthly allowance payments. c. Notifying the City within five (5) business days of the cellular service being 104 221698v1 disconnected or phone number being changed. d. Limiting personal calls, incoming and outgoing, during work hours so as not to interfere with City business or the performance of the employee’s job. e. Replacement or repair of the phone. No allowance will be paid when an employee is in a leave status exceeding forty-five (45) days, unless approved by the City Council. No allowance will be paid when an employee is in an unpaid leave status. Approved Uses Employees receiving a City-owned cell phone or cell phone allowance will be responsible for the following: a. Employees are expected to keep their cell phones turned on during their designated working and on-call hours to assure they can be reached. b. Retrieving messages on voice mail if telephone calls are missed on the cell phone. c. Ensuring that use of the phone does not provide a distraction to the employee during work hours. This includes setting the cell phone to a silent alert mode during meetings and other times that an interruption is undesirable. d. Employees in possession of City-owned cell phones are required to care for the equipment in a responsible manner and to take appropriate precautions to prevent theft, damage, and vandalism. e. Providing adequate security for the phone to prevent unauthorized users from accessing work-related telephone numbers or documents stored on the cell phone, including, but not limited to, using a pass-code lock function when available. f. Limited Personal Use Exception: personal use during off-peak and weekend hours is permitted with City-owned cell phones, provided no costs are incurred by the City for such use. If the City does incur costs for employee’s personal use, the employee will be responsible for immediate payment of the personal use charges. Unapproved Uses Employees receiving a City-owned cell phone are prohibited from the following: a. Using City-owned cell phones for personal long-distance. b. Use of the equipment for personal profit or gain. c. To transmit, receive or distribute pornographic, obscene, abusive, or sexually explicit materials, or materials containing unclothed or partially clothed people. d. To violate any local, state, or federal law or engage in any type of illegal activity. e. To engage in any form of gambling. f. To engage in any type of harassment or discrimination, including but not limited to sexual harassment and harassment or discrimination based upon race, gender, sexual orientation, religion, national origin, marital status, status with respect to public assistance, disability or any other type of harassment or discrimination prohibited by law and City Policy. g. To engage in any type of commercial enterprise unrelated to the specific purposes and needs of the City. 105 221698v1 h. To engage in any form of solicitation without the express prior written consent of the Department Director or City Administrator. i. To promote any political or private causes, or other activities, without the express prior written consent of the Department Director or City Administrator. j. To enter into financial or contractual obligations without the express prior written consent of the Department Director or City Administrator. Any financial or contractual obligation entered into by an employee without the express written consent of the Department Director or City Administrator shall be the sole responsibility of the employee. k. To advocate any type of unlawful violence, vandalism, or illegal activity. Safety: Cell Phone Use While Driving Safety must come before all other concerns. Regardless of the circumstances and in accordance with Minnesota law, employees are required to use hands-free operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a call. Employees are encouraged to refrain from discussion of complicated or emotional matters and to keep their eyes on the road while driving at all times. Privacy Designated employees are provided City-owned cell phones to assist them in the performance of their jobs. All such equipment is the property of the City and is to be used for City purposes. Employees with City-owned cell phones should have no expectation of privacy in anything they create, store, send or receive using the City’s cell phone. Information created, stored, sent, or received by an employee acting in his or her government capacity using a personal cell phone may be classified as government data subject to the requirements of the Minnesota Government Data Practices Act. Such data is subject to review by the City and disclosure to the public where required by law. Responsibility The City Administrator, or designee, will have primary responsibility for implementation and coordination of this policy. Violations of this policy will subject the user to disciplinary action in accordance with the personnel policy or collective bargaining agreement. The Division Directors will be responsible for enforcement within their departments. When an employee terminates employment, the Division Director is responsible to ensure that a City-owned cell phone is returned to the City. The City-owned cell phone shall be returned to the City prior to final compensation to the employee. Acknowledgement A Cell Phone Plan and Use Acknowledgement Signature Form will be required to be completed prior to any employee using a City-owned cell phone or receiving a cell phone allowance. 106 221698v1 As an employee that has been identified as being in a position that requires the use of a cell phone, I acknowledge that I have received the City of Orono’s policy on Cell Phone Use and understand that this receipt will be filed with my personnel records. I hereby choose the following: □ I will use a city provided cell phone. □ I choose to use my personal cell phone. I understand that under current IRS regulations, the reimbursement that I will receive is added to my taxable income. _____________________________________ Name (Please Print) My Phone Number is: ___________________ My Provider is: ___________________ ________________________________ ___________________________ Signature Date 107 221698v1 Appendix F. Expense/Reimbursement Report 108 221698v1 PLEASE DO NOT STAPLE RECEIPTS TO FORM City of Orono Print Name: P.O. Box 66 Crystal Bay, MN 55323-0066 Employee Signature: (952) 249-4600 Date Start End Meals Lodging Misc Purpose 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.625 - $ - $ - $ - $ - $ 2022 Personal Expense Reimbursement Form Destination Mileage Other Expenses Miles Traveled Mileage $ Totals 109 221698v1 Appendix G. Position Reclassification Guidelines and Process 110 221698v1 POSITION RECLASSIFICATION GUIDELINES AND PROCESS Purpose and Scope: The City of Orono is committed to maintaining a fair, consistent, and predictable position classification and compensation program for the benefit of all employees. While the City will take reasonable measures to ensure that all positions are accurately reflected in position descriptions and classification points and grades, there may be instances where a formal review of a specific position is warranted. The following information provides guidance related to the general classification methodology used by the City, formal review request eligibility criteria, and the reclassification process. Definitions: Classification Determination is the outcome of the analysis process that results in the allocation of a pay grade level to a position. Comparable position is comparable to the position under review in its functions, responsibilities and accountabilities, direct supervisor responsibilities, and/or organizational hierarchy and scope. Desk Audit is an opportunity for the incumbent to describe the duties and responsibilities of their position and provide illustrative examples. Direct supervisor is to whom an incumbent directly reports and completes the incumbent’s annual performance evaluation. Incumbent is an employee who has been appointed to the position under review on a continuous basis or a fixed term. Job Analysis is the process used to measure the relative worth of positions within an organization at a point in time. Position Description (PD) is an approved City document which outlines the primary accountabilities and responsibilities of a position and the essential and desirable criteria required to undertake the position. Reclassification is a change in classification due to an up, down, or lateral pay grade change. Methodology: The City utilizes a formal methodology to conduct position analysis and classification and positions will be scored using a plan adapted from the Hay Method. The model assigned each position a score in the following categories (adapted from the State of Minnesota 2009 Hay Manual): Know-How, Problem Solving, Accountability, and Special Conditions. The following information provides a summary of factors and considerations used to apply this classification method. Know-How represents the knowledge, skills and abilities an employee needs to be successful in a particular job. The Hay evaluation method places the greatest emphasis on Know-How. Know-How is defined as an expert skill, information or body of knowledge that imparts an ability to cause a desired result. The Know-How category is the most heavily weighted category. If a position is more easily learned, the position will point toward the lower end of the scale. Know-How category is further divided into three parts: Depth and Breadth of Job-Specific Knowledge (aka Technical and Specialized Know-How and Job-Specific Knowledge); Integrating Know-How (aka 111 221698v1 Managerial Breadth or Know-How); and Human Relation Skills (aka Human Relations Know-How). A number is assigned for total Know-How points by making several separate choices for each of the three elements described and an overall assessment. Job-Specific Knowledge includes the position's requirements for knowledge and skills related to practices, procedures, specialized techniques and professional disciplines. It also includes basic and job- specific supervisory and managerial knowledge/skills/abilities (KSAs), when appropriate. This aspect of Know-How does not make distinctions among differently-sized managerial jobs nor does it include human relation skills. It is important to remember that this element measures the requirements of the position, not the qualifications of an incumbent. Integrating Know-How considers the need to integrate and manage progressively more diverse functions and is used to rank managerial breadth and scope, from similar to very different functions. When required, basic and job-specific supervisory and managerial knowledge, skills and abilities are included in the Job-Specific part of a Know-How rating. The overall size of an organization directly influences the number of managerial breath categories, because the organizational size often reflects requirements for increased managerial complexity and diversity. Human Relation Skills is the third element of a job's Know-How rating. It is the active, practicing interpersonal skills typically required for productive working relationships to work with, or through, others inside and/or outside of the organization to get work accomplished. It assumes that each job requires a foundation of basic human relations skills. To be effective, an employee must typically be proficient at the highest level of Human Relations Skill regularly required for the position. Problem Solving is the process of working through details of a problem to reach a solution. Problem solving may include mathematical or systematic operations and can be a gauge of an individual's critical thinking skills. Problem Solving measures the intensity of the mental process that uses Know-How to: (1) identify, (2) define, and (3) resolve problems. It is a percentage of Know-How, reflecting the fact that "you think with what you know." This is true of even the most creative work. Ideas are put together from something already there. The raw material of any thinking is knowledge of facts, principles and means. Context includes the influences or environment that limit or guide decision-making such as rules, instructions, procedures, standards, policies, principles from fields of science and academic disciplines. Positions are guided by organizational, departmental or functional goals, policies, objectives and practices circumscribed by procedures and instructions. In general, policies describe the "what" of a subject matter, procedures detail the steps needed to follow through on a policy (i.e., how, where, when, by whom) and instructions outline the specific aspects of how to perform the tasks, such as the operation of a machine or how to select the appropriate letters to use in particular situations. Thinking Challenge includes the nature of the problems encountered and the mental processes used to resolve the problems. The scale ranges from simple problems to very complex issues, with the premise that simple issues recur regularly in the same form and after a while are resolved by rote or instinct, but very difficult issues require substantial thinking and deliberation. The types of situations encountered and the processes involved in identifying, defining or resolving related problems are considered. Thinking Challenge reflects the degree of difficulty in finding improvements and adapting to changes. Accountability does not mean being responsible for getting one's own work done. Rather, it reflects responsibility for actions and their consequences and the measured effect of the job on end results, or impact, for the organization. Accountability includes three factors: Freedom to Act/Empowerment, Magnitude, and Job Impact. 112 221698v1 Freedom to Act/Empowerment involves the degree of personal or procedural control or guidance exercised over the position. For example, what constraints are put on an employee in this job? How closely supervised is the position? What kinds of decisions are made higher up in the organization? Magnitude is the portion of the total organization encompassed by the position's primary purpose. It's most typically indicated by the general dollar size of the area(s) most directly affected by the job, i.e., the resources over which the position has control or influence. A variety of factors are considered such as size of budget is employee responsible for, what degree of influence is held and is this person a decision maker. Job Impact is considered to be indirect (indirect or contributory) or direct and measurable (shared or primary). It involves the way in which the position's actions affect end results in the agency. For example, how does the employee influence the business - directly or indirectly? Does the employee provide advisory or interpretive services for others to use in making decisions? Is the job an information- recording one? Does it provide a necessary service with a relatively small effect on the business of the agency? "Contributory" and "primary" are, by far, the most frequently used options. Information For Direct Supervisors And Staff: The analysis of the work value of a position is the measure of the relative worth of positions within an organization at a point in time. This means that the City of Orono Classification and Compensation compares the work that is performed not only to similar jobs, but also on a scale that encompasses all City positions. Submissions for reclassification of a position(s) may be made by the direct supervisor or an incumbent(s) who occupies the position or group of positions. The incumbent may submit a request for a position reclassification review with or without the support of the unit. However, all updated position descriptions must be reviewed and approved by the related Department Head, the City Administrator, and the Council prior to formal classification review. An incumbent may submit their PD for reclassification no more than once every twenty-four (24) months, unless otherwise authorized by the City Administrator. In addition, in order to be eligible to submit a position for reclassification, an incumbent must be performing the duties, as written, for a minimum of six (6) months prior to initiating the reclassification request and meet the minimum qualifications of the requested classification. Direct supervisors are also eligible to submit requests for position reclassification for positions which fall under their direct management. Where the direct supervisor initiates a reclassification process, there is no requirement to gain the incumbent’s agreement to the PD although it is encouraged to have a discussion regarding the document with the incumbent. The direct supervisor may submit a request for reclassification of a position at any time the supervised incumbent has been performing at a higher level for a minimum of six (6) months. In general, Reclassification requests can only be submitted by: • Incumbent; • Direct supervisor; or • Department Head/City Administrator/Council, as part of a reorganization plan. Reasons for Classification Review: 113 221698v1 Existing positions require formal analysis for possible reclassification when there have been significant changes to the position that are deemed to be ongoing in nature and may have resulted in a significant increase in the work value, or impact, of the position. Changes in a position may result from the duties and responsibilities having significantly evolved over time including new duties or a redistribution of duties within a work area. The City will determine the appropriate pay grade level and classification of a position by undertaking an overall analysis of the following, using the Hay Method described above: • Consideration of the position in relation to the work being performed. • Changes to the position taking into consideration the Hay Methodology criteria. • Comparable positions to ensure equity and consistency in measurement of work value within the unit and across the City. • The ongoing nature of the changes to the duties, responsibilities, and essential requirements. All of the above factors are considered when making an overall analysis of work value – one factor alone is unlikely to demonstrate an increase in the relative worth of a position. The following factors or circumstances are not valid considerations in the analysis of work value: • The incumbent’s performance in the position. • Length of service or time in the position. • Education beyond the minimum required education of the classification. • Knowledge, skills, and abilities (KSAs) the incumbent may have that are not directly relevant to the position under review. • Anomalies and inequities in terms of other positions within the City. • Short term duties performed in addition to the incumbent’s regular position description duties; a one-off or short-term project is not considered as a basis for reclassification. • Mechanism for retention of incumbent. • An increase in the work volume alone is not considered the basis for reclassification; there must be a demonstrated change and increase in work value or impact. Steps For Requests For Submitting A Reclassification: Step 1: Discussion If there have been significant ongoing changes to the position duties and responsibilities, this may result in a change in the work value of the position and possibility of the need for reclassification. Contact your Department Head or direct supervisor to discuss updating your Position Description (PD). Step 2: Initiate Reclassification Action Incumbent initiates: An agreed upon PD is developed between the incumbent and direct supervisor. Direct supervisor initiates: The direct supervisor submits an updated PD to reflect the revised duties and responsibilities. The direct supervisor, per policy, is certifying that the PD is accurate. Note: To avoid confusion about duties and responsibilities, direct supervisors should discuss any changes to the PD with the incumbent who occupies the position which is proposed to be reclassified. Direct supervisors are not required to gain the incumbent’s agreement to the changes; however, incumbents should be made aware of the pending classification review. 114 221698v1 Step 3: Routing The direct supervisor routes the updated PD to the appropriate department head and City Administrator for their review. All final updated position descriptions must be formally approved by the City Council before proceeding. Step 4: Position Analysis Once the updated PD has been approved, the City Administrator and Finance Director will undertake an analysis, which may include a desk or phone audit, to review the reclassification documents, and make a reclassification determination, usually within 30 days. All final reclassification determinations must be formally adopted by the City Council. Step 5: Approval If adopted by the council, the direct supervisor will finalize the reclassification action by notifying the incumbent and obtaining a signed copy of the new PD and classification. These signed documents will be retained in the department personnel file to ensure all parties are aware of the expectations of the position. Effective Date Of Reclassification Fair and reasonable time frames will be adhered to throughout the reclassification process. Reclassification requests should be promptly submitted for evaluation and final determination. The effective date of an approved reclassification request should normally coincide with the date the PD is formally adopted by the City Council. In exceptional circumstances, the City Council may determine an earlier effective date of reclassification upon written request. Reclassification Appeal If the incumbent or direct supervisor is not satisfied with the reclassification determination, they may request an appeal. The appeal must be filed within thirty (30) calendar days of receipt of the reclassification determination. The City will engage an objective third party consultant to review the PD and classification within three months of the filed appeal and to make an independent recommendation to City leadership and Council. The final decision will be communicated by the City Administrator. If the original classification decision made by the City is upheld by the third party and the incumbent chooses to accept the independent decision, they will be eligible to apply for a new classification review six (6) months after the receipt of the appeal decision. 115 221698v1 Appendix H. Flexible Work Arrangement Policy 116 221698v1 Flexible Work Arrangement Policy 1. Purpose. This policy establishes the guidelines for flexible work arrangements to situations that fall outside of the typical City work schedule and last longer than two months. The City of Orono recognizes that flexible work arrangements can help the organization retain valuable employees and reduce turnover costs by providing a way for staff to more effectively meet the demands of their work and personal responsibilities. Such arrangements offer an alternative approach to completing work through non- traditional work hours and worksites. The City supports workplace flexibility to promote a highly productive work environment that allows employees to balance their work and professional needs while offering workforce dependability and consistency. 2. Scope. All types of City employees (full-time and part-time, union and non-union) may be considered for a flexible work arrangement, depending on their job duties. While not all positions will be suitable for flexible work arrangements, requests will be reviewed on a case by case basis taking into account the departmental needs and the employee’s ability to maintain a high level of service. A flexible work arrangement is a business and workplace strategy, not an employee benefit or employee right. Flextime may not be feasible within some departments or bargaining units based on their operational and business needs. Refer to the applicable agreements for additional information. 3. Definitions. A. Flextime: Agreed-upon starting and departure times that differ from the standard schedule for the department or work group. Flextime does not reduce the total number of hours worked in a given workweek. Flextime options can include fixed starting/ending times that change periodically; starting and ending times that can vary daily and variations in the length of days (e.g. six-hour day followed by a 10-hour day). B. Compressed workweek. A traditional 40-hour workweek condensed into fewer than five workdays. The compressed workweek options available to employees are as follows: (1) Four-day Workweek (assuming 40 hours/week) - Employee would be required to work four 10-hour days and would take off one (1) work day per week. This schedule must be fixed for the term of the agreement. This schedule must be fixed for the term of the agreement but may alternate with normal 5-8 hr day work week within the same pay period to allow employees to alternate to provide department coverage. (2) 4½-day Workweek (assuming 40 hours/week) - Employee would work four (4) nine-hour days and one (1) four-hour day each week. This schedule must be fixed for the term of the agreement but may alternate with normal 5-8 hr day work week within the same pay period to allow employees to alternate to provide department coverage. C. Teleworking: A regular, routine work arrangement that allows the employee to perform a portion of the job outside of City facilities. This type of arrangement specifies the number of hours to be worked outside of the office and the specific time in which it will occur. Employees must be self- disciplined, self-motivated, and comfortable working away from the office 117 221698v1 setting. Positions suited for teleworking are those that can be successfully performed remotely and require minimal supervision and limited face-to-face contact. 4. Criteria. Flexible work arrangements are discretionary based upon the operational needs of the department, division or work group and must have prior approval by the supervisor, department head and City Administrator. In some cases, a request for family and medical leave or a reasonable accommodation related to a disability may be more appropriate than a flexible work arrangement. Requests for flexible work arrangements will be evaluated on the following criteria: A. Can the employee’s job duties, tasks and responsibilities be performed remotely or independent of co-workers or team members? B. Can the work be monitored with quantifiable tasks, quantity and quality measures? C. Is there likely to be an adverse impact on customers or coworkers? D. Will working remotely expose private or confidential data to an unacceptable level of risk? E. Has the employee successfully completed the new hire probationary period? F. Has the employee demonstrated a high degree of skill and job knowledge? G. Does the employee have a proven record of satisfactory job performance and attendance? H. Has the employee consistently demonstrated appropriate self-discipline, self-motivation and the ability to work independently? I. Has the employee consistently demonstrated strong communication skills and the ability to communicate with others in an appropriate form, time and level of detail? J. Are there sufficient funds available to acquire needed resources? 5. Guidelines. A. General Guidelines. (1) A flexible work arrangement is a business and workplace strategy, not an employee right or universal employee benefit. (2) A flexible work arrangement is not a substitute for paid time off. Flexible work arrangement requests are not the same as the occasional need for flexibility. Flexible work arrangements generally last longer than two months and are a regular and predictable part of the employee’s work schedule. (3) Not all requests will be accommodated and not all positions are appropriate for flexible work options. (4) The operational needs of the department, division or work group must be met even when an employee has a flexible work arrangement. (5) Performance expectations remain the same regardless of the employee’s work schedule or location. (6) Flexible work arrangements are not guaranteed or permanent – they may change as 118 221698v1 the needs of the department, division or work group change. (7) The supervisor may temporarily adjust work schedule or location as needed to meet the operational needs of the work group. (8) Flexible scheduling is limited to the standard 40 hour work week. All 40 hours must be acoutned for in the work week. (9) Flexible work arrangements must not result in additional work for other staff. (10) Customers and other staff should not be adversely affected by a flexible work arrangement. If a flexible work arrangement creates adverse effects, the City and the employee shall work to eliminate them. The City retains the right to end the arrangement if the adverse effects continue. (11) Flexible work arrangements must be in compliance with the City’s information security and data policies as well as all other City policies. (12) The employee should receive approval for temporary deviations in his or her established work schedule from the supervisor in the same manner that he or she would without a flexible work arrangement. (13) Flexible work arrangements may be modified or discontinued for any reason as needed to ensure that the arrangement does not negatively affect the quality, quantity or productivity of the employee or the work group. (14) Supervisors should consult with Human Resources about recording time on timecards for holidays, vacation and other leaves. (15) All flexible work arrangements are subject to the City’s Employment Rules and must conform to the overtime, record keeping and other provisions of the Fair Labor Standards Act and other relevant laws. Lunches and breaks should be provided for in a flexible work arrangement. (16) Eight hours of pay is the maximum allowed per holiday. If a holiday falls on a day that an employee is scheduled to work more than eight hours, the employee must use vacation or personal leave to supplement the rest of the scheduled workday or flex the time by working another day not to exceed 12 hours as approved by the supervisor. (17) An employee may appeal a decision on a flexible work arrangement to their department head or, if the employee’s supervisor is a department head, to City Administrator. B. Teleworking Guidelines. (1) In order to ensure continuity of operations, employees may not work remotely more than 50% of their work week. (2) Teleworkers who work from home are responsible for having a designated work area that allows them to report to the office with one hour’s notice or within the employee’s normal commute. The work area should be suitable to complete the work assigned, safe, and ergonomically appropriate and located in an area free from noise such as barking dogs. It should provide sufficient security for data, phone conversations, etc. Teleworkers who require home adjustments are responsible for any costs associated with remodeling and the initial setup of a 119 221698v1 designated work space. (3) Equipment needs for teleworking are determined on a case-by-case basis between the supervisor and employee. The City of Orono will not provide teleworking equipment unless it is justified depending on the needs of the department, division or work group and the nature of the work assignment. The decision as to type, nature, function and/or quality of electronic hardware, software, systems access, data and phone lines rests with the supervisor in coordination with the City’s Information Technology department. Equipment provided by the City is limited to authorized persons for City-related purposes. (4) Provisions of the Minnesota Government Data Practices Act and data privacy policies must be followed when performing work at a remote location. Employees will be expected to ensure the confidentiality and security of all City data accessed from or transported to the remote work site. (5) A teleworking arrangement cannot substitute for dependent or child care. The remote work site must be free of distractions including demands on the employee’s time and attention by dependents. Employees must have the same dependent care arrangements in place when they are teleworking as they would if they were working at a City office. (6) Any work-related accident, injury, or illness that occurs while teleworking should be reported immediately to the employer’s supervisor so that a first report of injury can be completed. An employee is covered by Worker’s Compensation laws while teleworking. (7) An employee’s existing insurance policy(ies) may not include coverage for liability arising out of the use of a residence for a business purpose. Employees are solely responsible for determining an appropriate level of insurance based on their own circumstances. (8) Federal and state tax implications of teleworking and use of a home office are the responsibility of the employee. (9) The teleworker’s schedule, including number of teleworking days per week, normal teleworking hours and use of vacation, personal or compensatory time will be discussed with the employee prior to finalizing the teleworking agreement. (10) Unless other arrangements are made, the employee will be expected to attend all assigned office meetings related to the performance of the job, including those held on a teleworking work day. Reasonable attempts will be made to accommodate the teleworker’s schedule. (11) The supervisor retains the right to call a teleworker into the office as needed. As such, a teleworking employee must have a designated work area that allows them to report to the office with one hour’s notice or within the employee’s normal commute. (12) Teleworkers and supervisors are expected to develop an effective communication strategy. Teleworkers must be reachable via telephone or e-mail during agreed-upon work hours. 120 221698v1 (13) Teleworkers must notify their supervisor if they are unavailable for more than one hour. (14) Travel to and from a City office for the purposes of meetings or other work requirements are not considered eligible for compensation and mileage will not be reimbursed. (15) Ongoing interaction between the employee and his or her work unit should be maintained daily by phone and/or emails. The teleworking employee should be as accessible as they would be in City offices. The only difference is where the work occurs. The arrangement must be seamless to customers. 6. Process. The employee must complete a flexible work arrangement request form and submit it to his/her supervisor. A. The employee and supervisor must discuss the flexible work arrangement request. B. The work group’s operational needs must be considered (e.g., impact on work group, co- workers, customers, budget, business needs, etc.) C. Supervisors should specify when the employee is expected to be present at the office, how they are to be available during their offsite work time and how they are to communicate their specific availability, if the flexible work arrangement is approved. D. Flexible work arrangement agreements must be in writing and approved by the supervisor, department head and Human Resources Manager before taking effect. E. Supervisors should evaluate an employee’s flexible work arrangement with him/her on an ongoing basis. F. The City will assess the flexible work arrangement policy on a periodic basis. 7. Performance Standards. A. The City of Orono’s policies and procedures as stated above apply to all flexible work arrangements. B. A flexible work arrangement will start with a pilot period of three months during which the employee and supervisor will regularly discuss how it is going, whether productivity is being maintained, and whether adjustments are needed or if the arrangement should be amended or discontinued. The arrangement may continue after the trial period if deemed successful by both the employee and the supervisor. C. Flexible work arrangements sunset at the end of each calendar year; they may be renewed depending upon an assessment of the arrangement by the employee and the supervisor. An application for a flexible work arrangement is required each year. D. Whenever possible, weekly face-to-face check-ins should occur between the supervisor and employee to discuss work progress. 121 221698v1 E. Any changes of work hours or work location should be reviewed and approved by the supervisor in advance. F. Either the employee or the supervisor may terminate a flexible work arrangement at any time and for any reason as needed with reasonable notice. 122 221698v1 Flexible Work Agreement Period: Start Date: End Date: _ Schedule: In the chart below list the hours each day for telework or flexible work. Pay period Week Day Telework Schedule Flexible Work/ Compressed Work Schedule Additional Details 1 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 2 Monday Tuesday Wednesday Thursday Friday Saturday Sunday I have reviewed the Flexible Work Arrangement Policy and agree to abide to the terms and conditions set forth by the policy. Date Employee I have reviewed the above information with _____________________________ prior to their participation in the City's Flexible Work Arrangement Policy. Date Department Head 123 221698v1 Appendix I. Credit Card Policy 124 221698v1 City of Orono Credit Card Policy 1. Purpose. The purpose of this policy is to establish guidelines for the City of Orono to provide for the issuance of credit cards to personnel. Credit card is intended for purchases needed for City operations. Use of the credit cards would provide efficiencies, such as: a. Less time required at the point of sale with retailers b. Purchases made over the Internet, resulting in lower costs. c. The total number of checks written is reduced. 2. Authority. The City of Orono is authorized to use credit cards for official City of Orono purchases and the Finance Director will determine which personnel will be assigned credit cards. Credit cards will be issued only when it is clear that they will create efficiencies in the normal purchasing process. Each card issued will bear the name of the City of Orono and the individual card holder. The employee whose name is on the card is the only one authorized to use that card, unless the employee specifically temporarily authorizes a subordinate to use the card for a specific purchase. The City credit card (not a personal card) should be used for City business requiring the use of a credit card. 3. Authorized Card Use. Cardholders are authorized to use the card to purchase merchandise or services required as a function of their duties at the City of Orono. This includes the purchase of food and/or non-alcoholic beverages for business meetings and public events. A purchase made with a credit card may be made in -store, by telephone, fax, internet or U.S. mail. All purchases that are not picked up in-store should be shipped directly to City facilities, unless prior authorization for a home delivery is given by the Department Head or City Administrator. 4. Unauthorized and/or Inappropriate Card Use. Credit cards must never be used to purchase items for personal use or for non-City of Orono purposes, even if the card holder intends to reimburse the City of Orono. In the event of accidental use of a City credit card, the cardholder will reimburse the City for the full purchase price, plus any applicable fees, within five (5) days of the accidental use, or notification by the Finance Department of the accidental use. Unauthorized and/or inappropriate card use includes, but is not limited to: a. Items for personal use; b. Items for non-City of Orono purposes; c. Cash or cash advances; d. Alcoholic beverages (except authorized Golf Course purchases); e. Weapons of any kind or explosives (except authorized Police Department purchases); f. Relocation expenses; g. Personal entertainment; and h. Recreation. 5. Responsibility & Accountability. It is the responsibility of the individual cardholder to: a. Safeguard the credit card and credit card account number at all times; lost or stolen credit card must be immediately report to the Finance Department (or the credit card company during off-hours). 125 221698v1 b. Insure that all City purchasing procedures are followed, including guidelines with respect to quotations and bids. c. Ensure that the card is used only for legitimate City business expenditures in accordance with the cardholder’s job duties. d. Ensure that no one else uses the card unless specifically authorized by the card holder. e. Maintain all supporting documentation associated with credit card purchases (receipts, confirmations, purchase orders, etc.) with expenditures properly coded and approved by the department. f. Submit credit card form and documentations in a timely manner to the Finance Department for payment processing. g. Surrender the credit card to Finance Department upon separation from the City of Orono. h. Any personal charges made inadvertently must be reimbursed to the City at the time the documentation is submitted to the Finance Department. 6. Administration. Credit limits will be established by the Finance Director for each cardholder on an individual basis and will be programmed into the card. Cash withdrawals will not be allowed with the cards. The employee shall be personally responsible financially for any improper or unauthorized use of the credit card, as specified in Minnesota Statutes 471.382. The Finance Department will administer the issuance of cards and compliance with the above policies and procedures. Policy violations will result in the cancellation of an individual card. Intentional or negligent misuse of a City credit card will subject the employee to disciplinary action, up to and including dismissal, and/or garnishment of wages if necessary to recover City funds. Cards must be returned to the City at the time of separation. 126 221698v1 CREDIT CARD USER AGREEMENT I, _________________, as an employee of the City of Orono, accepts personal responsibility for the safeguard and proper use of the City credit cards, which has been assigned to me for use in performance of my job, in accordance with the terms outlined below. Credit cards may be used for travel related business expenses (within and outside the City), and conference/class registrations incurred. Credit cards may be used for purchasing department supplies. I have read and understand the credit card policies and procedures set out by the City of Orono Credit Card Policy. I understand the Finance Director will disallow my use of a City credit card for violation or misuse of the credit card and/or credit card policies and procedure and that such violation or misuse may subject me to discipline, including termination, under the City's Personnel Policies. I understand that each time I use, or authorize the use thereof, that I am adhering to the following statement: "I hereby certify under penalty of perjury that this is a true and correct claim for necessary expenditures incurred by me and that no payment has been received by me on account thereof." I understand that I will be held personally liable for inappropriate charges I incur to the City credit card, and payment for any such inappropriate charges is hereby authorized to be withheld from my paycheck. The undersigned individual has read and understands the above statements. This agreement will be filed with the individual personnel records. _____________________________________ __________________________ Signature Date 127 221698v1 AFFIDAVIT OF LOST OR DESTROYED RECEIPT Name: Position: Last four digits of Card Number: I declare on oath, that the original receipts for the transaction dated _____/______/________ in the amount of $__________ from ____________________________ (vendor name) has been lost or destroyed. The vendor has been-contacted and is not able to provide a duplicate receipt for this purchase. Please accept the detail of the transaction below in lieu of an itemized receipt for this transaction. Item(s) Purchased Amount I understand that falsification of the itemization of this purchase constitutes an act of fraud. _____________________________________ __________________________ Signature Date AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to accept a donations. A donation of $125 from Minnetonka Beach Civic Association was received with a thank you to the Orono Police Department. 2. Background. The Police Department has received a $125 donation from the Minnetonka Beach Civic Association as a small token of appreciation to the police department. 3. Staff Recommendation. I recommend approval to accept the $125 donation. COUNCIL ACTION REQUESTED Motion to Approve Resolution No. 7287. Exhibit A. Resolution Accepting Donation Item No.: 7 Date: September 12, 2022 Item Description: Approval to Accept Donation – Resolution No. 7287 Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7287 RESOLUTION ACCEPTING DONATION WHEREAS, the Minnetonka Beach Civic Association wishes to make a donation to the City of Orono (“City”) in the amount of $125.00 as a small token of appreciation for the Orono Police Department; and WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and WHEREAS, the City agrees to perform the conditions on the donation, if any; and WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two-thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1.The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2.The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 12th day of September, 2022, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: J. Lemons Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to gain Council approval of seasonal employees. 2. Background. The city employs seasonal employees to accomplish a variety of tasks. The hourly pay is proposed to be $14.00-$15.00 for the Golf Course Clubhouse Attendants, Brush Site Attendants, and Sledding Attendants; $14.00-$16.00 for Parks and Golf Course Maintenance Employees, $14.00-$18.00 for Utilities Maintenance Workers, $15.00-$20.00 for the Assistant Golf Course Superintendent, and $14.00 for Administrative Scan Clerk. Seasonal employees fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. Name Position Wage (Per hour) Remarks Approved 01-10-2022 Bonnie Kaster Scan Clerk $14.00 Returnee Brian Torney Scan Clerk $14.00 Returnee Approved 02- 14-2022 Mitchell Hall Asst. Superintendent $18.00 Returnee Alex Collins GC Maintenance $14.00 Returnee Lloyd Engler GC Maintenance $14.00 Returnee Barry Blievernicht Clubhouse Attendant $14.50 Returnee Marshall Hambro Clubhouse Attendant $14.50 Returnee Wendy Middendorf Clubhouse Attendant $14.50 Returnee Paul Tolzman Clubhouse Attendant $14.50 Returnee Steve Persian Clubhouse Attendant $14.00 New Hire Max Dailey Clubhouse Attendant $14.00 New Hire Zachary Conway Parks Maintenance $16.00 Returnee Approved 02-28-2022 Ron Steffenhagen GC Maintenance $16.00 Returnee Cal Schmidt GC Maintenance $16.00 Returnee Logan Reynolds Clubhouse Attendant $14.00 Returnee Approved 3-28-2022 Vicki Hines Brush site Attendant $14.50 Returnee Approved 4-11-2022 Chris Fowke Clubhouse Attendant $14.00 New Hire Dennis Goneau Clubhouse Attendant $14.00 New Hire Jessica Olson Clubhouse Attendant $14.00 New Hire Approved 5-9-2022 Gavin Fabor Brush site Attendant $14.00 New Hire Approved 5-23-2022 Kylee Fuder Clubhouse Attendant $14.00 New Hire Joseph Tilzer Clubhouse Attendant $14.00 New Hire Zachary Schindler Clubhouse Attendant $14.00 New Hire Approved 6-13-22 Chad Stowell GC Maintenance $16.00 Returnee Requesting Approval 9-12-2022 Danielle Middendorf Clubhouse Attendant $14.50 Returnee 4. Staff Recommendation. Staff recommends approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employees as listed in the table above. Item No.: 8 Date: September 2, 2022 Item Description: Appointment of 2022 Seasonal Employees V9 Presenter: Joshua Lemons Parks and Golf Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: J. Lemons Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to purchase equipment to service vault toilets and to hire a contractor for transport. 2. Background. There are two vault toilets located within the Orono parks that require pumping service. Most barge operators do not have the ability to carry a large septic truck to pump out the toilets. Several smaller barge operators are able to go out with a smaller pump and container to service the toilets. The city does not currently have the necessary equipment to service the toilets. One of the toilets is at capacity and the other is nearing capacity. 3. Equipment Cost. Vendor Description Cost Wastecorp Mud Sucker Pump w/trailer $6633.47 Quality Flow Systems Submersible Sewage Pump $6500.00 National Tank Outlet 1000 gallon plastic septic tank $3000.00 4. Transport. Transport to the island will require a barge that can carry the tank and equipment needed for the pumping. Staff contacted various barge operators and most are not able to meet the requirements for the pumping service. Tonka Built LLC was the only barge operator able to meet our requirements. Tonka Built sent a quote for service amounting to $15,600 to complete the pumping. The price may decrease as the original quote factored in for a smaller tank, the larger tank will require fewer trips. 5. Funding. The equipment purchase will be funded through the Park fund. The projected end of year balance for this fund is $369,600. The transport will be funded from the Park Operating Budget. 6. Staff Recommendation. Staff recommends approval of the purchase of the submersible sewage pump from Quality Flow Systems for $6500.00 and the plastic septic tank from National Tank Outlet for $3000. Staff also recommends hiring Tonka Built for transport. COUNCIL ACTION REQUESTED Motion to approve the purchase of the submersible pump from Quality Flow Systems for $6500, the plastic septic tank from National Tank Outlet for $3000, and to hire Tonka Built for transport. Item No.: 9 Date: September 12, 2022 Item Description: Park Equipment Procurement Presenter: Joshua Lemons Parks & Golf Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this item is to gain Council approval to complete a feasibility study for pickleball courts and an ice rink at the Golf Course. 2. Background. Pickleball is currently the fastest growing sport in America. The Orono Park Commission has had frequent requests from residents to install pickleball courts within Orono park locations. The pickleball sub-committee has proposed a three phase approach to introducing pickleball into Orono parks. The sub-committee is proposing to look at three separate locations, each location would host 4-6 courts. The pickleball courts could be flooded in the winter to create ice rinks. This plan would serve a wide audience of park users. One of the locations showing promise is the Orono Golf Course (OGC). Provision of pickleball courts / ice rink here is in line with the park commissions overall goals for the OGC. The addition of these amenities would complement other improvements at the park, such as improved concession offers, increase winter use as well as rebranding efforts. The optimal timing for any improvement would be in 2023 so as to be ready for the 2024 100th anniversary celebrations. 3. Scope of Work. This planning project will analyze the following: Addition of 4-6 Pickleball Courts / Ice rink; Relocation of the existing maintenance facility (current location may be site of the new pickleball courts) with associated access and staff parking; Expansion of the Lower Parking Lot; Pavement maintenance and striping of Upper Parking Lot; Addition of a Picnic Shelter; Addition of a Gas Fire Pit area; Additional amenities including sidewalks/ trail connections between existing clubhouse and amenities. The project will build upon the master planning work completed in 2017. 4. Cost. Bolton and Menk, Inc (BMI) has proposed a not to exceed fee of $7,900. (See Exhibit A) 5. Funding. Funding for the planning study come from the Park Dedication Fund. Funding for any future construction project would come from a combination of grants, donations and the Park Fund. 6. Park Commsion Recommendation. The Park Commission discussed pickleball at their August 1, 2022 meeting. They voted 6-0 to direct staff to look at the feasibility of building a pickle ball court at the golf course in 2023. 7. Staff Recommendation. I recommend approval of the proposal from BMI. Completion of a study will provide the necessary information to inform future decisi ons and endeavors related to the OGC, pickleball and community ice rinks. COUNCIL ACTION REQUESTED Move to approve the planning study project proposal for the Golf Course. Exhibits A. Proposal from Bolton and Menk. References A. 2017 Golf Course Master Plan. Item No.: 10 Date: September 12, 2022 Item Description: Pickle Ball and Ice Rink Planning Study (Project 22-059) Presenter: Adam Edwards, P.E. City Administrator/Engineer Agenda Section: Consent Agenda August 23, 2022 City of Orono Attn: Adam Edwards – City Administrator/ City Engineer 2750 Kelley Parkway Orono, MN 55356 Email: aedwards@ci.orono.mn.us RE: Proposal for Planning Study – Orono Public Golf Course Dear Adam: Thank you for reaching out after the Parks Commission meeting earlier this month. We understand the Park Commissions is interested in developing plans for pickleball courts at the Orono Golf Course. As you mentioned in your August 2nd email, the Master Planning efforts we accomplished in 2017 can be used as a basis for the proposed pickleball courts and related improvements/ amenities (noted below). Proposed Scope of Services - Planning Study We propose to complete the following tasks: 1. Analysis of the following: a. Addition of 4-6 Pickleball Courts b. Relocation of the existing maintenance facility (current location may be site of the new pickleball courts) with associated access and staff parking. c. Expansion of the Lower Parking Lot d. Pavement maintenance and striping of Upper Parking Lot e. Addition of a Picnic Shelter f. Addition of a Gas Fire Pit area g. Additional amenities including sidewalks/ trail connections between existing clubhouse and amenities. 2. Cost estimates for the proposed improvements. 3. Identification of permitting requirements for the proposed improvements. 4. Layout graphics (renderings) illustrating the proposed improvements. Fee Estimate Based on the scope of services described above, we propose a total not-to-exceed fee of $7,900 to be billed on an hourly basis. Feasibility Study/ Preliminary Design – Orono Public Golf Course August 23, 2022 Page 2 H:\ORNO\2022 New Projects\Fee Proposal - Golf Course Planning Study 8-23-22.docx Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Senior Principal Engineer AGENDA ITEM Prepared By: L. Oakden Reviewed By: A. Carlson Approved By 1. Purpose. The purpose of this action item is to gain approval to change the start dates for the City Planner. 2. Background. Natalie Nye was appointed as the City Planner on the August 8, 2022 City Council meeting. The effective start date is October 3rd, 2022. Due to some daycare flexibility, Natalie is available to start part time one week earlier during the week of September 26, 2022. Natalie will be able to come in 2-3 days that week in order to do some training and orientation. During the week Natalie will be paid her hourly rate at Grade 11 Step 6. She will start fulltime the week of October 3rd and this will remain as her official start date for insurance and anniversary purposes. COUNCIL ACTION REQUESTED Motion to approve Natalie Nye to start part time during the week of September 26, 2022. Item No.: 11 Date: September 12, 2022 Item Description: Approval to Amend Natalie Nye, City Planner, Start Date. Presenter: Laura Oakden Community Development Director Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding an average lakeshore setback variance in order to rebuild a deck in a different configuration. 2. MN§15.99 Application Deadline. The application was received on July 15, 2022, and considered to be complete on July 19th. Therefore the 60-Day review period expires on September 17, 2022. 3. Background/ Summary. The applicants have an existing elevated deck on the south side of their home facing the lake (shown in yellow) situated entirely lakeward of the average lakeshore setback line (green). The deck is a screened in, half circle, with a patio below and a pergola above. They wish to construct a new, more functional, rectangular deck (shown in red). The new deck will be approximately 100 square feet larger than the existing. However, the new deck will be two feet further from the lake than existing. Additionally, the existing deck encroaches into the required street setback from Fagerness Point Road; the new deck will resolve this encroachment. 4. Planning Commission Vote and Comment. On August 15th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 5 to 0 on a motion to approve the requested average lakeshore setback variance for the new deck. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7282. Exhibits A. Draft Resolution 7282 B. Proposed Plans C. Draft PC Minutes D. Public Comment Item No.: 12 Date: September 12, 2022 Item Description: LA22-000039 – Bill & Karan Peters, 1950 Concordia Street Variance – Resolution No. 7282 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: E. PC Staff Report 08/15/2022 References PC Exhibits 08/15/2022 A. Application B. Practical Difficulties Documentation Form C. Proposed Survey – annotated D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photos – by staff G. Neighbor Comment H. Property Owners List I. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7282 1 RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO.LA22-000039 WHEREAS, on July 15, 2022, William Peters, the property owner, (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 1950 Concordia Street, and legally described as: Lots 23 and 24, Fagerness including accretions between said lots and Lake Minnetonka, described as follows: Beginning at a point on the Southerly line of Under the Linden Avenue which point is 42.15 feet Southeasterly in a straight line from the West corner of Lot 24, Fagerness and at an angle of 119 degrees 24 minutes from the Northerly line of said Lot 24; thence in a straight line of said angle a distance of 61.5 feet to low water mark; thence Easterly along low water mark to the Easterly line of said Lot 23 extended Southerly; thence Northerly along the said Easterly line of Lot 23 extended, a distance of 57.5 feet to the Southerly line of Under the Linden Avenue; thence Westerly on the Southerly line of Under the Linden Avenue, a distance of 194.2 feet to the point of beginning, said accretions being subject to the right of the Board of County Commissioners of Hennepin County, Minnesota for the County of Hennepin, State of Minnesota to maintain the height of water in said Lake Minnetonka as nearly as practicable at a point 10 feet 3 inches below the top of the Northeast pier of the bridge over Shavers Narrows at the entrance to Gray' s Bay, said bridge being situated near the Southwest corner of Section 8, Township 117, Range 22 West, that certain point being at a height 218.335 feet above the datum line of the City of Minneapolis, Hennepin County, Minnesota as said datum line is officially established by an ordinance of the City Council of said City of Minneapolis, as is more particularly set out in District Court case file number 73992, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County (hereinafter the “Property”); WHEREAS, the Applicant made an application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new elevated deck, including a pergola above, within the average lakeshore setback; and WHEREAS, on August 15, 2022, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7282 2 which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 15, 2022, the Planning Commission recommended approval of the variance; and WHEREAS, on September 12, 2022, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000039. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 0.59 acres in area and has a defined lot width of 187 feet of width at the OHWL and 200 feet at the 75-foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. Average Lakeshore Setback Variance 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The intent of the average lakeshore setback regulation CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7282 3 is to preserve views of the lake from the homes on the neighboring properties. The proposed deck should not impact existing views of the lake from the property to the east. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed use of the Property is residential and 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 location, size and orientation of the proposed deck is reasonable given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The shape of the Property was not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality.” The deck encroachment into the average lakeshore setback will not impact the character of the locality. 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 criterion is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This criterion is not applicable, as a residential improvement is allowed within the LR-1C Lakeshore Residential 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 criterion is not applicable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7282 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The corner lot configuration results in a street setback on two sides, in addition to the lake and average lakeshore setback creating challenges for development. The corner lot status and triangular shape of the Property are unique to the Property. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The specific conditions impacting the Property do not apply to other land or structures in the district, or other properties within this neighborhood. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Due to the application of the average lakeshore setback, structural improvements or changes to the home on the lake side are not permitted. The Applicant has indicated that the granting of this variance is necessary. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” The proposed deck encroachment is not anticipated to impair the health, safety, comfort, or morals; nor is it contrary to 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.” According to the Applicant, granting the average lakeshore setback variance for this project is not a convenience. Granting the variance is necessary to address limited buildable area, to provide reasonable use, and is a minimal new encroachment resulting in improved functionality of the Property. 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 78-1279 to allow construction of a new, elevated, rectangular deck with pergola, 103.5 feet from the OHWL where the average lakeshore setback is 128.5 feet, 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 dated February 11, 2022 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7282 5 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 (September 12, 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 12th day of September, 2022. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 75.08 ft7 75 - f o o t s e t b a c k st a f f a n n o t a t e d                                                                                                   !                                                                 !   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B C 5 8 3 0 2 5 2 1/4" Date:2/11/2022 De s i g n F o r : Bi l l P e t e r s 19 5 0 C o n c o r d i a S t Wa y z a t a , M N 5 5 3 9 1 Custom P r o j e c t D e s i g n MAIN LEVEL - PROJECT DESIGN 1 1/4" = 1'-0" 2 1 3 '-6 "1 2 ' 29'-2" 31' 176 SQ FT 175 SQ FT LIVING AREA DECKDECK DECKING SPLICE BOARD Project: S h e e t T i t l e : Sheet Number: Scale: De s i g n B y : CH R I S K O R F I A T I S Pr e c i s i o n D e c k s 20 1 7 0 7 5 t h A v e N o r t h Co r c o r a n , M N 5 5 3 4 0 P- 7 6 3 - 3 5 5 - 5 2 3 3 MN . L i c . B C 5 8 3 0 2 5 11 1/4" Date:2/11/2022 De s i g n F o r : Bi l l P e t e r s 19 5 0 C o n c o r d i a S t Wa y z a t a , M N 5 5 3 9 1 Custom UPPER LEVEL - PROJECT DESIGN 1 1/4" = 1'-0" 11 Project: S h e e t T i t l e : Sheet Number: Scale: De s i g n B y : CH R I S K O R F I A T I S Pr e c i s i o n D e c k s 20 1 7 0 7 5 t h A v e N o r t h Co r c o r a n , M N 5 5 3 4 0 P- 7 6 3 - 3 5 5 - 5 2 3 3 MN . L i c . B C 5 8 3 0 2 5 6 1/4" Date:2/11/2022 De s i g n F o r : Bi l l P e t e r s 19 5 0 C o n c o r d i a S t Wa y z a t a , M N 5 5 3 9 1 Custom 3-D RENDERING6 NOT TO SCALE 3 -D R e n d e r i n g Project: S h e e t T i t l e : Sheet Number: Scale: De s i g n B y : CH R I S K O R F I A T I S Pr e c i s i o n D e c k s 20 1 7 0 7 5 t h A v e N o r t h Co r c o r a n , M N 5 5 3 4 0 P- 7 6 3 - 3 5 5 - 5 2 3 3 MN . L i c . B C 5 8 3 0 2 5 7 1/4" Date:2/11/2022 De s i g n F o r : Bi l l P e t e r s 19 5 0 C o n c o r d i a S t Wa y z a t a , M N 5 5 3 9 1 3 -D R e n d e r i n g Custom 3-D RENDERING7 NOT TO SCALE Project: S h e e t T i t l e : Sheet Number: Scale: De s i g n B y : CH R I S K O R F I A T I S Pr e c i s i o n D e c k s 20 1 7 0 7 5 t h A v e N o r t h Co r c o r a n , M N 5 5 3 4 0 P- 7 6 3 - 3 5 5 - 5 2 3 3 MN . L i c . B C 5 8 3 0 2 5 8 1/4" Date:2/11/2022 De s i g n F o r : Bi l l P e t e r s 19 5 0 C o n c o r d i a S t Wa y z a t a , M N 5 5 3 9 1 3 -D R e n d e r i n g Custom 3-D RENDERING8 NOT TO SCALE Project: S h e e t T i t l e : Sheet Number: Scale: De s i g n B y : CH R I S K O R F I A T I S Pr e c i s i o n D e c k s 20 1 7 0 7 5 t h A v e N o r t h Co r c o r a n , M N 5 5 3 4 0 P- 7 6 3 - 3 5 5 - 5 2 3 3 MN . L i c . B C 5 8 3 0 2 5 9 1/4" Date:2/11/2022 De s i g n F o r : Bi l l P e t e r s 19 5 0 C o n c o r d i a S t Wa y z a t a , M N 5 5 3 9 1 Custom 3-D RENDERING9 NOT TO SCALE MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 3. LA22-000039 BILL PETERS, 1950 CONCORDIA STREET, REQUESTS AN AVERAGE LAKESHORE SETBACK VARIANCE TO RECONSTRUCT A DECK WITH AN EXPANDED FOOTPRINT. (STAFF: MELANIE CURTIS) William Peters, Applicant, was present. City Planner Curtis gave a presentation on the item, noting the Applicants currently have an existing elevated deck on the south side of their home facing the lake (shown in yellow). The deck is a screened in half circle, with a patio below and a pergola above. Due to the location of the home to the east, the deck, a portion of the Applicants’ home, is lakeward of the average lakeshore setback line. They wish to construct a new, rectangular deck with a reduced setback from the lake (shown in red). The new deck will be approximately 100 square feet larger than the existing. The existing circular deck is situated approximately 101 feet from the ordinary high water level (OHWL); the proposed deck will be 103 feet from the OHWL. Currently the deck encroaches into the required street setback from Fagerness Point Road; the new deck will resolve this encroachment. The existing deck is located approximately 27 feet lakeward of the Average Lakeshore Setback (ALS) and the new proposed deck will improve that setback by 2 feet. The affected property owner at 1945 Fagerness Point Road has provided comments on the Applicants’ request and does not oppose the variance. Regarding practical difficulty, Staff concurs that the triangular shape adds to the challenge of development. The property is a corner lot, and the home on the property to the east determines the average lakeshore setback. The eastern neighboring home is situated closer to the lake than the Applicants’ home resulting in challenges for lake side improvements of the home. Planning Staff recommends approval. William Peters 1950 Concordia Street, said when they bought the house they received a similar variance due to the triangular location and setback. Chair McCutcheon opened the public hearing at 6:52 p.m. Chair McCutcheon closed the public hearing at 6:52 p.m. Kraemer moved, Erickson seconded, to LA22-000039, 1950 Concordia Street, Variance. VOTE: Ayes: 5, Nays 0. Date Application Received: 07/15/2022 Date Application Considered as Complete: 07/19/2022 60-Day Review Period Expires: 09/17/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 15 August 2022 Subject: #LA22-000039, Bill & Karan Peters, 1950 Concordia Street Variance Public Hearing Background The applicants currently have an existing elevated deck on the south side of their home facing the lake (shown in yellow). The deck is a screened in, half circle, with a patio below and a pergola above. Due to the location of the home to the east, the deck, a portion of the applicants’ home, is lakeward of the average lakeshore setback line. They wish to construct a new, rectangular deck with a reduced setback from the lake (shown in red). The new deck will be approximately 100 square feet larger than the existing. The existing circular deck is situated approximately 101 feet from the ordinary high water level (OHWL); the proposed deck will be 103 feet from the OHWL. Currently the deck encroaches into the required street setback from Fagerness Point Road; the new deck will resolve this encroachment. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the unique triangular lot configuration as a practical difficulty supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Application Summary: The applicant is requesting an average lakeshore setback variance in order to construct a new, reconfigured deck. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA22-000039 15 Aug 2022 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff concurs that the triangular shape adds to the challenge of development. The property is a corner lot, and the home on the property to the east determines the average lakeshore setback. The eastern neighboring home is situated closer to the lake than the applicants’ home resulting in challenges for lake side improvements of the home. LOT ANALYSIS WORKSHEET Section 78-350 – Setbacks: LR-1C District Required Existing Proposed Fagerness Point Road 30’ 28’ 30’ Rear 30’ 45’ No change Side Street – Concordia St 15’ 20’ House 67’ Deck 63’ Deck East Side 10’ 40’ 40’ Lakeshore 75’ 100’ 103’ Average Lakeshore The required setback based on the home at 1945 Fagerness Point Road is 128.5’. The existing deck is approximately 27 feet lakeward of the ALS line. The proposed deck will be ±25 feet lakeward of the ALS line. Section 78-350 – Lot Area/Width: LR-1C District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 25,730 s.f. (0.59 acre) 200’ @ 75’ / 187’@ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 25,730 s.f. (0.59 acre) Allowed: 5,146 s.f. (20%) Existing: 2,479 s.f. (9.6%) Proposed: 2,478 s.f. (9.6%) Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 25,730 s.f. 6,432.5 s.f. (25 %) 4,714 s.f. (18.3%) 4,810 s.f. (18.7%) Applicable Regulations: Average Lakeshore Setback Variance The existing deck is located approximately 27 feet lakeward of the average lakeshore setback as FILE # LA22-000039 15 Aug 2022 Page 3 of 5 determined by the home at 1945 Fagerness Point Road. The proposed deck will improve the setback with an approximate 25 foot encroachment lakeward of the average lakeshore setback. Sec. 78-1279. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. 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 intent of the average lakeshore setback regulation is to preserve views of the lake FILE # LA22-000039 15 Aug 2022 Page 4 of 5 from the homes on the neighboring properties. The proposed deck should not impact existing views of the lake from the property to the east. 2. The variance is consistent with the comprehensive plan. The proposed use of the property is residential and 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 location, size and orientation of the proposed deck is reasonable given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; The shape and orientation of the property are circumstances not created by the landowner; and c. The variance will not alter the essential character of the locality. The deck encroachment into the average lakeshore setback will not impact the character of the locality. 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 a residential improvement is allowed within the LR-1C Lakeshore Residential District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The corner lot configuration results in a street setback on two sides, in addition to the lake and average lakeshore setback creating challenges for development. The corner lot status and triangular shape of the property are unique to the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The specific conditions impacting this property do not apply to other land or structures in the district, or other properties within this neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Due to the application of the average lakeshore setback, structural improvements or changes to the home on the lake side are not permitted. The applicants have indicated that the granting of this variance is necessary. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed deck encroachment is not anticipated to impair the health, safety, comfort, or morals; nor is it contrary to 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. According to the applicants, FILE # LA22-000039 15 Aug 2022 Page 5 of 5 granting the average lakeshore setback variance for this project is not a convenience. Granting the variance is necessary to address limited buildable area, to provide reasonable use, and is a minimal new encroachment resulting in improved functionality of the property. 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 The affected property owner at 1945 Fagerness Point Road has provided comments on the applicants’ request and does not oppose the variance. The comments are attached as Exhibit G. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey – annotated Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photos – by staff Exhibit G. Neighbor Comment Exhibit H. Property Owners List Exhibit I. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding a lakeshore setback variance in order to reconstruct retaining walls and a lake access stair with different materials. 2. MN§15.99 Application Deadline. The application was received on July 20, 2022, and considered to be complete on July 27th. Therefore the 60-Day review period expires on September 25, 2022. 3. Background/ Summary. The subject property has an existing, failing wood wall and stair system. The applicant plans to reconstruct all of the walls and stairs in a similar location and setback from the lake. However, due to the change in wall materials from timber to boulders, the walls will have a larger footprint than existing. The existing stair is narrow (ranging between 18” and 2.5 feet in width) and not very functional. They’ve provided an opinion from an engineer regarding the condition of the existing walls which indicates they are in a failing condition (Exhibit D). The proposed plans reflect installation of a 4 foot wide granite stair with a 12 square foot pea rock landing at the turn. Additionally, in order to provide for a better opportunity for screening, they have broken up the upper wall into two lower tiers which will not require an engineered plan. A setback variance is required for the new walls. 4. Planning Commission Vote and Comment. On August 15th, the Planning Commission held a public hearing and discussed the revised wall plan configuration. Following the public hearing the Planning Commission voted 5 to 0 on a motion to approve the requested lakeshore setback variance for the new walls. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7283. Item No.: 13 Date: September 12, 2022 Item Description: LA22-000040 – Backyard Minnesota o/b/o James & Jennifer Schugel, 1971 Fagerness Point Road, Variance – Resolution No. 7283 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda Existing Walls – ABOVE Proposed Walls – BELOW AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: Exhibits A. Draft Resolution No. 7283 B. Revised Wall Plans C. Draft PC Minutes D. Engineer Opinion E. PC Staff Report 08/15/2022 References PC Exhibits 08/15/2022 A. Application B. Practical Difficulties Documentation Forms C. Existing Survey D. Proposed Plans E. Photos F. Property Owners List G. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7283 1 RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO.LA22-000040 WHEREAS, on July 20, 2022, James Schugel and Jennifer Schugel, the property owners, (hereinafter the “Applicants”), applied for a variance from the City Code for the property addressed 1971 Fagerness Point Road, and legally described as: Lot 6, Fagerness; and the accretions to said Lot lying between the extensions Southeasterly to the shore of Lake Minnetonka of the Northeasterly and Southwesterly lines of said Lot and Southeasterly of the Southeasterly line of Under the Linden Ave, as dedicated in said plat, which Southeasterly line is 40 feet Southeasterly, as measured at right angles, from the Southeasterly line of said Lot, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of lake access stairs and retaining walls with an increased footprint within the 75-foot lakeshore setback; and WHEREAS, on August 15, 2022, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 15, 2022, the Planning Commission recommended approval of the variance; and WHEREAS, on September 12, 2022, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7283 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000040. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 0.32 acres in area. 4. The Property has lakeshore on two sides with a defined lot width of approximately 77 feet at the OHWL on each side. 5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 6. Applicant has applied for the following variance[s]: a. 75-foot Lakeshore Setback Variance 7. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” Preserving and protecting the existing lake yard slope is in harmony with the intent of the ordinance. The proposed retaining walls will be constructed with boulders in order to maintain the natural aesthetic of the lake, and will be screened with vegetation wherever feasible. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed retaining walls will continue to maintain the integrity of the slope and protect the slope from catastrophic failure which protects the lake. The proposal is consistent with the comprehensive plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7283 3 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 owners propose to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The owners have proposed retaining walls to protect against failure of the slope. The existing slope of the lake yard was not the result of actions by the owner; and c. The variance, if granted, will not alter the essential character of the locality.” There are existing retaining walls in the lake yard. The variance to permit the expanded retaining wall structure within the 75-foot lake setback will help to maintain the existing slope and character of the area. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This criterion is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This criterion is not applicable, as residential improvements are allowed within the LR-1C Lakeshore Residential 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 criterion is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The slope of the Property combined with the pre-existing improvements are unique conditions affecting the Property. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The steep slope, existing failing timber wall configuration, and the existing improvements create conditions which do not apply to all of the adjacent properties. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7283 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback to be reconstructed with an expanded footprint is reasonable, is a better solution long-term, and is necessary to preserve the rights of the owner. The variance is supported by the vulnerable slope on the Property. 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 lake yard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The proposed walls within the lake yard will continue to preserve the integrity of the slope and there is no conforming location to install the retaining walls which would protect the slope. Preserving the existing wall support is necessary for the protection of the slope and the lake. 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 78-1279 to allow construction of new retaining walls and lake access stair less than 75-feet from the OHWL where retaining walls are not normally permitted, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the revised wall plans dated August 15, 2022 submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the new construction and commencing construction of said project. A permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (September 12, 2023). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7283 5 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 12th day of September, 2022. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor B a c k y a r d R e f l e c t i o n s , I n c . 9 4 0 E l m S t r e e t E a s t , A n n a n d a l e , M N 5 5 3 0 2 8 7 7 - 3 6 5 - 4 0 3 4 w w w . b a c k y a r d m n . c o m 1 9 7 1 F A G E R N E S S P O I N T R D O R N O , M N 5 5 3 9 1 S c h u g e l D 8/ 1 5 / 2 2 5 ' 8' 11 ' 9 " 1 3 ' 1 0 ' 6 " DR A I N A G E F L O W 7' 4 " D R A I N A G E F L O W 8'8 8 8 8 8 8'8 8 8 8 8 8 8'W W W OW W W W W LO W W OW FL O LO DR A I N A R AI N A RA I N A RA I N A G RA I N E G E AG E W OW OW F G 1 0 ' 10' 3 " 5 5 5 5 5 ' 5 5 5 5 5 ' 5 ' 9"9 9 9 11 ' 9 1 1 1 1 1 1 9 1 0 1 1 1 0 1 1 1 0 1 0 1 0 1 1 0 1 0 ' 6 0 ' 0 ' 6 " 6 " 6 " 6 " 6 " 6 6 " 0 ' 6 6 " 6 0 1 0 6 6 " 7' 4 "4 D R A I N A G D R A I D R A I R A I R E F L O W 8'8 8 8 8 8 8 1 3 ' 1 3 ' 1 3 ' 1 3 1 3 1 3 3 1 3 1 1 3 ' 1 3 ' 1 3 ' 3 3 3 3 3 11 9 1 1 1 9 9 9 9 1 0 ' 10' 3 " OH W DRA I N A G E F L O W DR A I N A G E F L O W 10 0 Y R F L O O D EL E V A T I O N S I L T F E N C E S I L T F E N C E F L O A T I N G S I L T F E N C E ACC E S S F O R E Q U I P M E N T ACC E S S F O R E Q U I P M E N T ACC E S S F O R E Q U I P M E N T ACC E S S F O R E Q U I P M E N T A C C E S S F O R E Q U I P M E N T ST A G I N G A R E A DR I V E W A Y HO U S E 3 0 6 9 12 15 Sc a l e : 1 / 8 " = 1 f t NO T E S TO T A L A R E A O F P R O P E R T Y : 1 4 9 4 0 S F EX I S T I N G I M P E R V I O U S : 3 4 1 1 S F PR O P O S E D I M P E R V I O U S : 3 0 1 S F SU M O F P R O P O S E D C U T A N D F I L L B E L O W 1 0 0 Y E A R F L O O D : 0 DE M O A N D R E M O V E E X I S T I N G T I M B E R S T E P S A N D W A L L S PR O P O S E D 3 ' G R A N I T E S T E P S W / 0 - 4 ' B O U L D E R W A L L S YA R D G R A D I N G A T 2 " D E P T H W / P U L V E R I Z E D T O P S O I L AN Y S T U M P S O R V E G E T A T I O N T O B E L E F T A S I S O N T H E S H O R E L I N E ST A G I N G A R E A M A R K E D O N P L A N AC C E S S F O R E Q U I P M E N T M A R K E D O N P L A N GR A N I T E S T E P S S T O P B E F O R E 1 0 0 Y E A R F L O O D L I N E A N D D O N O T EX T E N D T O T H E D O C K ER O S I O N C O N T R O L P L A N -D I S T U R B E D S O I L S T O B E S T A B I L I Z E D W I T H I N 7 D A Y S O F R O U G H GR A D I N G -S O I L S T O C K P I L E S T O B E U S E D / R E M O V E D T H E S A M E D A Y O F DE L I V E R Y -S E W E R I N L E T S T O B E C O V E R E D W I T H S E D I M E N T T R A P P I N G S O C K AN D T O B E S T A B L I Z E D W I T H I N 7 D A Y S -T Y P E 2 F L O A T I N G S I L T C U R T A I N T O B E U S E D F O R S E D I M E N T A N D ER O S I O N C O N T R O L -R O A D S U R F A C E S W H E R E S E D I M E N T H A S B E E N T R A N S P O R T E D T O BE C L E A N E D A T T H E E N D O F E V E R Y D A Y -A L L E R O S I O N A N D S E D I M E N T T O B E R E P A I R E D A N D M A I N T A I N E D TH R O U G H O U T T H E P R O J E C T -S M O O T H O U T G R A D E I N D I S T U R B E D A R E A S A F T E R E Q U I P M E N T U S E -Y A R D G R A D I N G A T 2 " D E P T H I N D I S T U R B E D A R E A S -S U N / S H A D E S E E D M I X W / S T R A W A N D B L A N K E T I N D I S T U R B E D AR E A S -S I L T F E N C E T O B E U S E D O N T H E H I L L S I D E T O C O N T R O L S E D I M E N T AN D E R O S I O N PR O P O S E D E L E V A T I O N FI G U R E 1 . P R O P O S E D P I C T U R E S FI G U R E 2 . P R O P O S E D P I C T U R E S CA L C U L A T I O N S O F P R O P O S E D C U T A N D F I L L HA R D C O V E R BO U L D E R W A L L S L F 3 ' W I D E 65 ' X 3 ' = 1 9 5 S F GR A N I T E S T E P S L 3 ' X W 1 . 5 ' X H . 5 ' = 2 . 2 5 C Y E A C H 3' X 1 . 5 ' = 4 . 5 S F 26 S T E P S T O T A L 24 S T E P S W I L L H A V E A H A R D C O V E R O F 3 S F E A C H 2 S T E P S W I L L H A V E A H A R D C O V E R O F 4 . 5 S F E A C H 24 X 3 ' = 7 2 S F 2X 4 . 5 = 9 S F 72 + 9 = 8 1 S F BO U L D E R W A L L A N D S T E P S T O T A L H A R D C O V E R S F 19 5 + 8 1 = 2 7 6 S F PR O P O S E D F I L L 2 5 0 S F O F B O U L D E R W A L L S P R O P O S E D T O B E I N S T A L L E D I N PL A C E O F E X I S T I N G T I M B E R W A L L S . FI E L D S T O N E B O U L D E R S W I L L R A N G E I N S I Z E O F 2 ' - 4 ' W I T H A N A V E R A G E O F 3 ' 25 0 S F X 3 ' = 7 5 0 C Y 75 0 C Y / 2 7 = 2 7 . 8 C Y O F B O U L D E R S P R O P O S E D T O B E I N S T A L L E D 26 G R A N I T E S T E P S P R O P O S E D T O B E I N S T A L L E D EA C H S T E P I S 2 . 2 5 C Y 2. 2 5 X 2 6 = 5 8 . 5 C Y / 2 7 = 2 . 1 7 C Y 6" O F C O M P A C T E D C L A S S 5 T O B E I N S T A L L E D U N D E R E A C H S T E P W I T H A 6 " OV E R B A S E F I G U R E D . .5 ' X 4 ' X 1 . 5 ' = 3 C Y P E R B A S E P A D P E R S T E P 3X 2 6 = 7 8 C Y 58 . 5 + 7 8 = 1 3 6 . 5 C Y / 2 7 = 5 . 0 5 Y D PR O P O S E D C U T 28 0 S F 4 " X 4 " W O O D T I M B E R S R E M O V E D O F F S I T E .2 5 X 2 8 0 = 7 0 C Y / 2 7 = 2 . 5 9 C Y 2' O V E R C U T F O R B O U L D E R W A L L S T O B E B U I L T T H E N F I L L E D B A C K I N . 27 . 8 C Y O F B O U L D E R W A L L S P R O P O S E D = S A M E A M O U N T O F S O I L T O B E C U T AN D R E M O V E D F R O M S I T E . 7. 2 2 C Y O F S T E P S A N D B A S E P R O P O S E D = S A M E A M O U N T O F S O I L T O B E C U T A N D RE M O V E D F R O M S I T E 2' X 2 5 0 S F = 5 0 0 S F / 2 7 = 1 8 . 5 1 C Y K E P T O N S I T E T O B A C K F I L L B O U L D E R W A L L TO P S O I L F O R G R A D I N G A N D P L A N T I N G 12 . 5 2 C Y O F T O P S O I L T O B E B R O U G H T O N S I T E TO T A L R E M O V E D O F F S I T E 5 9 C Y R E M O V E D F R O M S I T E 52 . 5 9 C Y M A T E R I A L S B R O U G H T O N T O S I T E Ba c k y a r d R e f l e c t i o n s , I n c . 94 0 E l m S t r e e t E a s t , An n a n d a l e , M N 5 5 3 0 2 87 7 - 3 6 5 - 4 0 3 4 ww w . b a c k y a r d m n . c o m 19 7 1 F A G E R N E S S P O I N T R D OR N O , M N 5 5 3 9 1 Sc h u g e l SC A L E : 1 / 4 " = 1 ' 8/15/22 5' 8' 11' 9" 13' 10' 6 " DRAINAGE F L O W 7' 4 " DR A I N A G E F L O W 10' 10 ' 3 " 0-3' BOULDER WALL FIELDSTONE BOULDER WALL BUILT TO 44" INCLUDING BURRIED PORTION USING BOULDERS RANGING 12 SF LANDING PEA ROCK (26) 4' GRANITE STEP TOP OF WALL BOTTOM OF WALL 946.2 944.2 940.2 945.2 942 946.9 939.7 932.5 932.6 940.4 946.2 OHW EROSION BLANKET EROSION BLANKET EROSION BLANKET DR A I N A G E F L O W DRAINAGE FLOW 100 YR FLOOD ELEVATION SI L T F E N C E SI L T F E N C E FLO A T I N G S I L T F E N C E ACC E S S F O R E Q U I P M E N T ACC E S S F O R E Q U I P M E N T ACC E S S F O R E Q U I P M E N T ACC E S S F O R E Q U I P M E N T AC C E S S F O R E Q U I P M E N T STAGING AREA DRIVEWAY HOUSE 30 6 9 12 15 Scale: 1/8" = 1 ft NOTES TOTAL AREA OF PROPERTY: 14940SF EXISTING IMPERVIOUS: 3411SF PROPOSED IMPERVIOUS: 301SF SUM OF PROPOSED CUT AND FILL BELOW 100 YEAR FLOOD: 0 DEMO AND REMOVE EXISTING TIMBER STEPS AND WALLS PROPOSED 3' GRANITE STEPS W/ 0-4' BOULDER WALLS YARD GRADING AT 2" DEPTH W/ PULVERIZED TOP SOIL ANY STUMPS OR VEGETATION TO BE LEFT AS IS ON THE SHORELINE STAGING AREA MARKED ON PLAN ACCESS FOR EQUIPMENT MARKED ON PLAN GRANITE STEPS STOP BEFORE 100 YEAR FLOOD LINE AND DO NOT EXTEND TO THE DOCK EROSION CONTROL PLAN -DISTURBED SOILS TO BE STABILIZED WITHIN 7 DAYS OF ROUGH GRADING -SOIL STOCKPILES TO BE USED/REMOVED THE SAME DAY OF DELIVERY -SEWER INLETS TO BE COVERED WITH SEDIMENT TRAPPING SOCK AND TO BE STABLIZED WITHIN 7 DAYS -TYPE 2 FLOATING SILT CURTAIN TO BE USED FOR SEDIMENT AND EROSION CONTROL -ROAD SURFACES WHERE SEDIMENT HAS BEEN TRANSPORTED TO BE CLEANED AT THE END OF EVERY DAY -ALL EROSION AND SEDIMENT TO BE REPAIRED AND MAINTAINED THROUGHOUT THE PROJECT -SMOOTH OUT GRADE IN DISTURBED AREAS AFTER EQUIPMENT USE -YARD GRADING AT 2" DEPTH IN DISTURBED AREAS -SUN/SHADE SEED MIX W/ STRAW AND BLANKET IN DISTURBED AREAS -SILT FENCE TO BE USED ON THE HILLSIDE TO CONTROL SEDIMENT AND EROSION PROPOSED ELEVATION FIGURE 1. PROPOSED PICTURES FIGURE 2. PROPOSED PICTURES CALCULATIONS OF PROPOSED CUT AND FILL HARD COVER BOULDER WALLS LF 3' WIDE 65' X3'= 195SF GRANITE STEPS L 3' X W1.5' X H.5'= 2.25CY EACH 3'X1.5'=4.5SF 26 STEPS TOTAL 24 STEPS WILL HAVE A HARD COVER OF 3SF EACH 2 STEPS WILL HAVE A HARD COVER OF 4.5SF EACH 24X3'=72SF 2X4.5=9SF 72+9=81SF BOULDER WALL AND STEPS TOTAL HARD COVER SF 195+81=276SF PROPOSED FILL250SF OF BOULDER WALLS PROPOSED TO BE INSTALLED IN PLACE OF EXISTING TIMBER WALLS. FIELDSTONE BOULDERS WILL RANGE IN SIZE OF 2'-4' WITH AN AVERAGE OF 3' 250SF X3'=750CY 750CY/27=27.8CY OF BOULDERS PROPOSED TO BE INSTALLED 26 GRANITE STEPS PROPOSED TO BE INSTALLED EACH STEP IS 2.25CY 2.25X26=58.5CY/27=2.17CY 6" OF COMPACTED CLASS 5 TO BE INSTALLED UNDER EACH STEP WITH A 6" OVER BASE FIGURED. .5'X4'X1.5'=3CY PER BASE PAD PER STEP 3X26=78CY 58.5+78=136.5CY/27=5.05YD PROPOSED CUT 280SF 4"X4" WOOD TIMBERS REMOVED OFF SITE .25X280=70CY/27=2.59CY 2' OVER CUT FOR BOULDER WALLS TO BE BUILT THEN FILLED BACK IN. 27.8CY OF BOULDER WALLS PROPOSED =SAME AMOUNT OF SOIL TO BE CUT AND REMOVED FROM SITE. 7.22CY OF STEPS AND BASE PROPOSED= SAME AMOUNT OF SOIL TO BE CUT AND REMOVED FROM SITE 2'X250SF=500SF/27=18.51CY KEPT ON SITE TO BACKFILL BOULDER WALL TOP SOIL FOR GRADING AND PLANTING 12.52CY OF TOP SOIL TO BE BROUGHT ON SITE TOTAL REMOVED OFFSITE 59CY REMOVED FROM SITE 52.59CY MATERIALS BROUGHT ON TO SITE MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 4. LA22-000040 KRIS MURPHY, 1971 FAGERNESS POINT ROAD, REQUESTS A 75’ LAKE SETBACK VARIANCE TO RECONSTRUCT LAKESIDE RETAINING WALLS AND STAIRS. (STAFF: MELANIE CURTIS) Kris Murphy, on behalf of the Applicants, was present. Curtis gave a presentation on the item stating the subject property has an existing, failing timber wall and stair system. They plan to reconstruct all of the walls and stairs in the same location and setback from the lake. However, due to the change in wall materials from timber to boulders, the walls will have a larger footprint than existing. Additionally, the existing stair is narrow (ranging between 18” and 2.5 feet in width) and not very functional. They plan to install a 4 foot wide granite stair with a 12 square foot pea rock landing at the turn in its place. A setback variance is required for the new walls. The Applicant has identified the failing retaining wall, protection of the hillside and the need to provide reasonable access to the dock as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding practical difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. The existing timber retaining walls are made with narrow timbers which are tiered and support the hillside of the property. The existing landscape timbers are not well-suited to support the slope. The existing and proposed stair and wall configuration allow for the existing lake access. The new walls are proposed to utilize the existing footprint and will be constructed at the same setback from the lake. Retaining walls are not permitted within the 75 foot lakeshore setback and in order to replace the system, a setback variance has been requested. A building permit is required and the City Engineer and Building Official will review the plans at the time of permit to determine if an engineering plan is required. Staff finds existing conditions of the failing retaining wall, substandard stairs, and vulnerable hillside are practical difficulties supporting this request. Staff recommends approval of the lake setback variance for the improvements as proposed. Staff further recommends additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. Curtis noted one slight change to the plans submitted earlier in the day and note the Applicant can answer questions regarding that. Kris Murphy, project manager from Backyard Reflections, stated no substantial trees will be removed. He spoke about the boulders and steps taking up more space than the timber wall and addition of vegetation to with deep root structure to help secure the hillside. Chair McCutcheon opened the public hearing at 7:02 p.m. Chair McCutcheon closed the public hearing at 7:02 p.m. McCutcheon thinks this is pretty minimal and the Applicant is just trying to get to the lake which is their right. Kirchner and Kraemer agreed. Kraemer moved, Kirchner seconded, to approve LA22-000040, 1971 Fagerness Point Road, Variance. VOTE: Ayes: 5, Nays 0. Date Application Received: 07/20/2022 Date Application Considered as Complete: 07/27/2022 60-Day Review Period Expires: 09/25/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 15 August 2022 Subject: #LA22-000040, Backyard Minnesota o/b/o James & Jennifer Schugel, 1971 Fagerness Point Road Variance Public Hearing Background The subject property has an existing, failing timber wall and stair system. They plan to reconstruct all of the walls and stairs in the same location and setback from the lake. However, due to the change in wall materials from timber to boulders, the walls will have a larger footprint than existing. Additionally, the existing stair is narrow (ranging between 18” and 2.5 feet in width) and not very functional. They plan to install a 4 foot wide granite stair with a 12 square foot pea rock landing at the turn in its place. A setback variance is required for the new walls. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the failing retaining wall, protection of the hillside and the need to provide reasonable access to the dock as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the existing conditions of the failing retaining walls, substandard stairs, and vulnerable hillside are practical difficulties which support the variance request. The new retaining walls would support and protect the slope. Application Summary: The applicant is requesting approval of lake setback variances in order to reconstruct a retaining wall and stair system in the lake yard with different wall materials. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA22-000040 15 August 2022 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-1279 – Setbacks: The existing timber retaining walls are made with narrow timbers which are tiered and support the hillside of the property. The existing landscape timbers are not well suited to support the slope. The existing and proposed stair and wall configuration allow for the existing lake access. The new walls are proposed to utilize the existing footprint and will be constructed at the same setback from the lake. No retaining walls are permitted within the 75 foot lakeshore setback. Section 78-1680 and 78-1700 – Hardcover Calculations: Retaining walls are exempt from hardcover totals for the property. Therefore the retaining walls are excluded from the hardcover calculations. Applicable Regulations: Lake Setback Variance (Section 78-1279) Retaining walls are not permitted within 75’ of the lake, in order to replace the existing wall system, with an expanded footprint a setback variance has been requested. 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. Preserving and protecting the existing lake yard slope is in harmony with the intent of the ordinance. The FILE #LA22-000040 15 August 2022 Page 3 of 4 proposed retaining walls will be constructed with boulders in order to maintain the natural aesthetic of the lake, and will be screened with vegetation wherever feasible. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls will continue to maintain the integrity of the slope and protect the slope from catastrophic failure which protects the lake. The proposal 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 owners propose to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owners have proposed retaining walls to protect against failure of the slope. The existing slope of the lake yard was not the result of actions by the owner; and c. The variance will not alter the essential character of the locality. There are existing retaining walls in the lake yard. The variance to permit the expanded retaining wall structure within the 75-foot lake setback will help to maintain the existing slope and character of the area. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential improvements are permitted to support a residential use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The slope of the property combined with the pre-existing improvements are unique conditions affecting the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The steep slope, existing failing timber wall configuration, and the existing improvements create conditions which do not apply to all of the adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback to be reconstructed with an expanded footprint is reasonable, is a better solution long-term, and is necessary to preserve the rights of the owner. The variance is supported by the vulnerable slope on the property. 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 lake yard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The proposed walls within the lake yard will continue to preserve the integrity of the slope and there is no conforming location to install the FILE #LA22-000040 15 August 2022 Page 4 of 4 retaining walls which would protect the slope. Preserving the existing wall support is necessary for the protection of the slope and the lake. 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. Engineer Comments A building permit is required to install the walls and improvements to be reconstructed. Due to the height of the proposed walls, an engineered design will be required to be submitted with the building permit. The City Engineer and Building Official will review the engineered wall plans at the time of the building permit review. Public Comments The applicants have provided acknowledgment signatures from the neighbors on either side, Exhibit F. To date, no comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the lake setback variance for the improvements as proposed. Staff further recommends additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Forms Exhibit C. Existing Survey Exhibit D. Proposed Plans Exhibit E. Photos Exhibit F. Property Owners List Exhibit G. Plat Map AGENDA ITEM Prepared By: L. Oakden Reviewed By: A.Carlson Approved By 1. Purpose. The applicant is requesting variances for hardcover and 75’ lakeshore setback to allow for home and deck additions to the existing home. 2. Background. The applicant proposes construction of a 2nd floor cantilevered addition (34 sq ft) over the existing first floor cantilever on the home and a deck addition of 22.3 sq.ft (creating a 79 sq ft deck) at the front door which is within the 75-foot lake yard. The deck expansion changes the nature of the existing hardcover from driveway/landscaping to structure on a property exceeding 25% hardcover which requires a variance. As part of the remodel, the applicant is also proposing a 2nd floor bathroom addition over the existing covered main floor front porch. The property owners received a variance in 2015 (Resolution 6538) for the 2nd floor cantilever and bathroom addition. The owners did not complete the approved project at that time; the variances approved within Resolution No. 6538 have since expired. They are requesting the approval for the additions using the same plans as in 2015 with the addition of the new proposed deck at the front entry way. The project is maintaining the existing level of hardcover of the property at 43.7%, changing from at- grade improvements (driveway) to structural improvements (new deck). The applicant has designed the addition to follow the average lakeshore setback. The lot is substandard with respect to lot area, lot width, and has hardcover and building encroachments within the 75’ lakeyard setback. The property will meet the structural coverage requirements and the average lakeshore setback. 3. 15.99 Deadline. The applicant made a complete application on July 26, 2022. The 60-Day review period ends on September 25, 2022 4. Planning Commission Vote and Comment. The planning commission held a public hearing on August 15, 2022. The Commissioners discussed the challenges with the lot and the existing home. The commissioners noted the home addition was approved but not constructed in 2015. The Commission voted 6 to 0 to approve the variance request. 5. Public Comment. No public comments were received. 6. Staff Recommendation. Staff recommends approval of the proposed variance. COUNCIL ACTION REQUESTED Motion to approve the included draft resolution Exhibits A. Draft Resolution 7285 B. Proposed Plans C. PC minutes D. PC Staff Report Item No.: 14 Date: September 12, 2022 Item Description: LA22-000032 – Petit Design- Barry Petit, 3349 Crystal Bay Rd, Variance – Resolution No. 7285 Presenter: Laura Oakden Community Development Director Agenda Section: Consent Agenda References PC Exhibits A. Application B. Property Owners List and Map C. Practical Difficulties Documentation Form D. Existing & Proposed Survey E. Proposed Plans and Elevations F. Submitted Hardcover Calculations G. Narrative H. Resolution No. 6538 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7285 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1680 and 78-1700 FILE NO. LA22-000032 WHEREAS, on July 26, 2022, Julie Jones (“Applicant”), applied for a variance from the City Code for the property addressed 3349 Crystal Bay Road and legally described as: Lot 10, Wallace’s Addition to the village of Minnetonka Beach (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow the house and deck addition within the 75 foot lakeyard setback; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow the 43.7% hardcover; and WHEREAS, on August 15, 2022, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 15, 2022, the Planning Commission recommended approval of the variances; and WHEREAS, on September 12, 2022, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000032. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7285 2 2. The Property is located in the LR-1C Zoning District. 3. The Property contains 0.13 acres in area and has a defined lot width of 50 feet. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Lakeyard setback variance b. Hardcover variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its small size and width, and proximity to the lake. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The average lakeshore setback is proposed to be met, protecting views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to use the Property for a single family dwelling with 2nd story home and deck additions for the front entryway are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the additions to an existing home on the substandard lot, in the proposed location within the 75-foot lake setback appears to be reasonable as the Property’s reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties. The hardcover encroachments proposed within the lake yard appear to be reasonable and the new hardcover will be for a more usable front entry way. b. There are circumstances unique to the property not created by the landowner; The uniquely small lot size, width, and location to the lake and roadway within the LR-1C zoning district prevent a residential footprint consistent with the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7285 3 neighborhood. The proposed additions and hardcover level are unique to the Property to serve the proposed home; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of an addition to an existing home designed to fit the character of the neighborhood according to the submitted information. 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 single family residence is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The Property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood. However the existing home location is unique to this Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting hardcover and lake setback variances are necessary for the preservation of the property rights of the Applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested hardcover and lake 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 variances for lakeshore setback and hardcover are necessary, and do not merely serve as a convenience to the Applicant as the Property has considerable practical difficulties affecting development. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7285 4 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1680 and 78-1700 to allow a home and deck addition within the 75-foot lake setback and to allow 43.7% hardcover 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 25, 2022 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (September 12, 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 12th day of September, 2022. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 The blue line indicates the setback determined by the adjacent homes. New deck images. Note; The existing stair railings are not shown. The gray area represents the expanded 79 SF deck surface. Dimensions, as requested, are on the legal survey Expanded Deck 1/8” Existing Deck 1/8” 7 The current deck described as 56.7 SF is misleading because most of the surface is the threshold to their front door. Thus the real usable deck surface is approx 16 SF Deck Variance Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 The blue line indicates the height of the new roof required to accommodated the expanded Master Bedroom Height of the new ceiling in the Family 4 This elevation is taken from the 2015 construction documents indicating the final configuration of the lake-side facade. The new deck has been added to the original elevation. House Expansion Variance Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 The solid blue line is meant to demonstrate that the remodeled lake-side facade does not extend beyond the existing facade. Existing Roof Plan nts New Roof Plan nts These two small roof overhangs are removed in the remodeling. 6 Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 First Floor Plan 1/8” Second Floor Plan 1/8” Basement Plan 1/8” Lake-side Elevation 1/8” Colors have been added to help define surfaces. These were the drawings approved in 2015. There have been no changes. The new deck has been added to the original 2015 drawings. There are no changes to the existing stairs 8 Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road June 14, 2022 1 Surveyed hardcover areas Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 The blue line indicates the setback determined by the adjacent homes. New deck images. Note; The existing stair railings are not shown. The gray area represents the expanded 79 SF deck surface. Dimensions, as requested, are on the legal survey Expanded Deck 1/8” Existing Deck 1/8” 7 The current deck described as 56.7 SF is misleading because most of the surface is the threshold to their front door. Thus the real usable deck surface is approx 16 SF Deck Variance Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 The blue line indicates the height of the new roof required to accommodated the expanded Master Bedroom Height of the new ceiling in the Family 4 This elevation is taken from the 2015 construction documents indicating the final configuration of the lake-side facade. The new deck has been added to the original elevation. House Expansion Variance Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 The solid blue line is meant to demonstrate that the remodeled lake-side facade does not extend beyond the existing facade. Existing Roof Plan nts New Roof Plan nts These two small roof overhangs are removed in the remodeling. 6 Trent and Julie Jones Variance Application 3349 Old Crystal Bay Road Rev July 26, 2022 First Floor Plan 1/8” Second Floor Plan 1/8” Basement Plan 1/8” Lake-side Elevation 1/8” Colors have been added to help define surfaces. These were the drawings approved in 2015. There have been no changes. The new deck has been added to the original 2015 drawings. There are no changes to the existing stairs 8 MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 1 ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Mark McCutcheon, Commissioners Scott Kirchner, Bob Erickson, and alternates Dave Peterson and Gary Kraemer (arrived at 7:03 p.m.). Commissioners Chris Bollis, Jon Ressler, Dennis Libby, and Matt Gettman were absent. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis. Chair McCutcheon called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. PUBLIC HEARINGS 1. LA22-000032 PETIT DESIGN, 3349 CRYSTAL BAY ROAD, REQUESTS SETBACK AND HARDCOVER VARIANCES FOR A HOUSE AND DECK ADDITION ON THE LAKESIDE OF THE HOME. (STAFF: LAURA OAKDEN) Barry Petit, on behalf of the Applicant, was present. Community Development Director Oakden gave a presentation on the item, stating the Applicant proposes a remodel project with the inclusion of a second floor cantilever addition at roughly 34 square feet to the front of the home. They are also requesting 20 square feet of a deck addition to the front of the home which is located within the 75 foot setback. The project maintains the current hardcover at 43% but they are changing the nature from at-grade to structural. The lot is substandard with respect to lot area and lot width and currently has building and hardcover encroachments within the setback. Staff recommends reducing the overall hardcover of the property as part of the request. The property owner received a variance in 2015 for the second floor cantilever and bathroom addition but they did not pull a building permit for the project and it has since expire d. Tonight the Applicant is looking to request the same variance for the same 2015 plans. Regarding practical difficulty, Staff finds that there are practical difficulties in the lot’s size, width, and the configuration of the existing home and access to Crystal Bay Road being completely within the 75’ lake yard to support Applicants’ request for the proposed variances. Planning Staff recommends approval of variances as requested as they are supported by practical difficulties. Chair McCutcheon opened the public hearing at 6:09 p.m. Chair McCutcheon closed the public hearing at 6:09 p.m. Chair McCutcheon noted this area of Orono comes up a lot with narrow lots and second story additions are pretty typical. Kirchner agreed with the no net increase or decrease in hardcover and thinks practical difficulties are established by the 13 foot deep building path on the lot based on setbacks and the 75 foot lakeyard setback. Kraemer agrees with Kirchner. Kirchner moved, Kraemer seconded, to approve LA22-000032, 3349 Crystal Bay Road, Variances. VOTE: Ayes: 5, Nays 0. Date Application Received: 06/23/2021 Date Application Considered as Complete: 07/26/2021 60-Day Review Period Expires: 09/25/2021 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: August 15, 2022 Subject: LA22-000032, Petit Design- Barry Petit, 3349 Crystal Bay Rd, Variance, Public Hearing Background The applicant proposes construction of a 2nd floor cantilever addition (34 sq ft) over the existing first floor cantilever on the home which is located within the 75’ lakeyard setback. The proposed deck addition of 22.3 sq.ft (creating a 79 sq ft deck) at the front door which is within the 75 lake yard. This changes the nature of the existing hardcover from driveway/landscaping to structure on a property exceeding 25% hardcover which requires a variance. As part of the remodel the applicant is also proposing a 2nd floor bathroom addition over the existing covered main floor front porch which meets the 75’ lakeyard setback. The project is maintaining the existing levels of hardcover of the property at 43.7%, changing from at-grade improvements (driveway) to structural improvements (new deck). The applicant has designed the addition to follow the average lakeshore setback for the property. The lot is substandard with respect to lot area, lot width and currently has hardcover and building encroachments within the 75’ lakeyard setback. The property will meet the structural coverage requirements and the average lakeshore setback. Application Summary: The applicant is requesting variances for hardcover and 75’ lakeshore setback to allow for a home addition and a deck addition to the existing home. Staff Recommendation: Planning Department Staff recommends approval for a home addition and hardcover within the 75’ lakeyard, building in the 75’ lakeyard setback and overall hardcover to exceed 25%. LA21-000052 August 15, 2021 Page 2 of 5 Staff recommends reducing the overall hardcover for the property as part of this request. The property owners received a variance in 2015 (Resolution 6538) for the 2nd floor cantilever and bathroom addition. The owners did not complete the approved project at that time; the variances approved within Resolution No. 6538 have since expired. They are requesting the approval for the additions using the same plans as 2015 with the new proposed deck addition at the front entry way. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the substandard lot area and width and the existing conditions for the current home as practical difficulties supporting the requested variances. They also noted the access to the property with respect to lakeshore, Crystal Bay Road and the Dakota Trail as practical difficulties. The applicants have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that there are practical difficulties in the lot’s size, width, and the configuration of the existing home and access to Crystal Bay Road being completely within the 75’ lake yard to support applicants’ request for hardcover and 75’ lake setback variances. While the proposal expands the front entry deck closer to the lakeshore, it is in character with the other homes in the neighborhood. LOT ANALYSIS WORKSHEET Section 78-350– Setbacks: DISTRICT LR-1C Required Existing Proposed Rear 30’ 8.2’ No Change Side (East) 7.5’ 10.8 No Change Side (West) 7.5’ 10.3 10.3 Lakeshore 75’ 67.5’ 66’ Average Lakeshore Met Section 78-350 – Lot Area/Width: DISTRICT LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 6,031 s.f. (0.13 acre) 50’ @ 75’ / 50’ @ OHWL * Crystal Bay Road footage not included. Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 6,031 s.f. (0.13 acre) Allowed: 2,000 s.f. Existing: 1,145 s.f No Change *House= Covered Deck: 1088 + 57 = 1,145 Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover LA21-000052 August 15, 2021 Page 3 of 5 Tier 1 6,031 s.f. 1,507 s.f. (25 %) 2,634 s.f. (43.7%) 2,634 s.f. (43.7%) *Existing nature of the impervious driveway/landscaping to decking; No overall Change Applicable Regulations: Hardcover; 75-Foot Setback Variances (Sections 78-1680 & 78-1700) The property’s ±116 feet of depth is challenging, particularly due to the applied average lakeshore setback at approximately 67-feet from the OHWL, the 75-foot lake setback, and the 30-foot rear yard setback. The required setbacks leave an approximate ±13 foot deep building envelope. The proposed addition maximizes the allowable building envelope and is proposed to encroach into the 75’ lake yard. The applicant has designed the addition to follow the neighboring homes and to meet the average lakeshore setback. A variance is required when a property is over the allowed hardcover maximum and a project is changing the nature of the hardcover from nonstructural to structural. The proposed hardcover level of 43.7%, where 25% is allowed. The deck would add 22 sq ft of new structural coverage where a driveway and impervious landscaping, nonstructural hardcover exists today. 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 proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its small size and width, and proximity to the lake. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The average lakeshore setback is proposed to be met protecting views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to use the property for a single family dwelling with 2nd story home addition for a home and deck addition for the front entry way are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the addition to an existing home on the substandard lot, in the proposed location LA21-000052 August 15, 2021 Page 4 of 5 within the lake setback appears to be reasonable as the property’s reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties. The hardcover encroachments proposed within the lake yard appear to be reasonable and the nature of the new hardcover will be for a more usable front entry way. b. There are circumstances unique to the property not created by the landowner; The uniquely small lot size, width and location to the lake and roadway within the LR-1C zoning district standards prevent a residential footprint consistent with the neighborhood. The proposed additions and hardcover level are unique to the property to serve the proposed home; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of an addition to an existing home designed to fit the character of the neighborhood according to the submitted information. 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 single family residence is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. However the existing home location unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting hardcover and lake setback variances are necessary for the preservation of the property rights of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested hardcover and lake 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 variances for lakeshore setback, hardcover and lakeyard setback are necessary, and do not merely serve as a LA21-000052 August 15, 2021 Page 5 of 5 convenience to the applicant as the property has considerable practical difficulties affecting development. 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. Engineer Comments The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at the time of building permit. The current plan does not proposed any grading changes. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends approval of variances as requested as they are supported by practical difficulties. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Narrative Exhibit G. Resolution No. 6538 Exhibit H. Property Owners List and Map AGENDA ITEM Prepared By: L. Oakden Reviewed By: A.Carlson Approved By 1.Purpose. Direct the City Council to hold a public hearing regarding a rezoning at 365 Old Crystal Bay Road, LA22-000049. 2.Background. The development of the Public Works building requires the city to process a rezoning amendment to the wetland overlay map following City Code Section 78-43. The process to amend the map requires a public hearing. The public hearing is published to be held at the September 26th, 2022 City Council meeting. Holding the public hearing at the City Council meeting will allow the council to review all relevant information regarding the development of site including building details, site changes, cost and bidding information. COUNCIL ACTION REQUESTED A motion to hold the public hearing regarding the rezoning amendment, application LA22-000049, at the September 26th, 2022 City Council. Item No.: 15 Date: September 12, 2022 Item Description: Approval to hold a public hearing regarding a zoning amendment at 365 Old Crystal Bay Road Presenter: Laura Oakden Community Development Director Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Correy Farniok Reviewed By: A. Carlson Approved By: 1.Purpose. The purpose of this action item is to gain approval to accept a donations. A donation of $500 from David Rogers was received with a thank you to the Orono Police Department for providing house checks. 2.Background. The Police Department has received a $500 donation from David Rogers as a thank you for performing house checks. 3.Staff Recommendation. I recommend approval to accept the $500 donation. COUNCIL ACTION REQUESTED Motion for approval to accept $500 donation from David Rogers and thank you for your kind and generous donation. Exhibits A. Resolution Accepting Donation Item No.: 15a Date: September 12, 2022 Item Description: Approval to Accept Donation Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7288 RESOLUTION ACCEPTING DONATION WHEREAS, David Rogers wishes to make a donation to the City of Orono (“City”) in the amount of $500.00 as a thank you for performing house checks by the Orono Police Department; and WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and WHEREAS, the City agrees to perform the conditions on the donation, if any; and WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two-thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 12th day of September, 2022, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, City Clerk CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding an average lakeshore setback variance. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on July 20, 2022. The 60-day review period has been extended and now will expire on November 17, 2022. Background/ Summary. The applicant has plans to combine the existing three Hartzell Addition properties into two. Half of existing the existing middle lot, 2987 Casco Point Road, will be combined with the “tennis court lot” (PID 20-117-23-34-0027). The remaining half of 2987 Casco Point Road will be combined with 3005 Casco Point Road, resulting in the “Subject Property” for this application. This application focuses on the to-be-created 3005 Casco Point Road depicted in Exhibit B, attached. The aforementioned lot combinations will be completed by an administrative combination of three buildable lots resulting in two buildable lots. In October/November the Planning Commission and Council will review a drainage and utility easement vacation request relating to this administrative combination. New easements will be established. The applicant is proposing to redevelop the subject property with a new single family home. The applicant has designed a new home for the newly enlarged property reflected in Exhibit B and D. For the purpose of this application analysis the Council should treat the newly enlarged subject property as existing. If any approvals are to be granted, they will be contingent upon completion of all the requirements to administratively move the lot lines. Due to the orientation of the property in relation to the neighboring homes and the curvature of the shoreline, the applicant is requesting an average lakeshore setback variance for the new home. 3. Planning Commission Vote and Comment. On August 15th, the Planning Commission held a public hearing. Following the public hearing and discussion, the Planning Commission voted 3 to 2 on a motion to deny the requested average lakeshore setback variance. The discussion is detailed in the draft Planning Commission minutes, attached as Exhibit F. 4. Public Comment. Comments from the neighbors have been received and are attached as Exhibit G. 5. Staff Recommendation. Staff provided a practical difficult analysis in the Planning Commission staff report attached as Exhibit H. The analysis reflects a lack of adequate practical difficulties to support the variance request. Planning Staff recommends denial. COUNCIL ACTION REQUESTED The Council should direct staff to draft a resolution reflecting your decision. Exhibits A. Updated Narrative B. Proposed Survey 3005 CPR C. Existing Survey 2987 CPR + Tennis Court Lot D. House Plans 3005 CPR Item No.: 16 Date: September 12, 2022 Item Description: LA22-000041 – Eskuche Design o/b/o Chris Heim, 3005 Casco Point Road, Variance Presenter: Melanie Curtis Planner Agenda Section: Community Development Department AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: E. Aerial Photos and Visuals F. Draft PC Minutes G. Public Comment H. PC Staff Report 08/15/2022 References PC Exhibits A. Application B. Practical Difficulties Documentation Form C. Existing Survey D. Proposed Survey E. Proposed Plans and Elevation F. Conforming House Location Exhibit G. Neighbor Comments H. Aerial Photos I. Property Owners List J. Plat Map Re: 3005 Casco Point Rd, Orono, MN Eskucke Design Group Peter Eskuche, AIA 1 September 2022 Variance Application Honorable Plan Commission, City Council Members and City Planner, We appreciate your consideration for our variance request to permit a new construction home located at 3005 Casco Point Rd under the new proposed lot divisions for Lot 1-3 Blk 1 Hartzell Addition. It is important to note, this variance application incorporates area calculations and setbacks that result from lot line rearrangements submitted to the city, but not yet approved and recorded. Currently, 3 platted lots exist on the subject property (Lots 1-3). Our rearrangement will result in 2 conforming lotsconsistent with (in fact larger and wider) than the majority of the surrounding properties. The existing structure on the subject parcel sits approximately 158’ ft from the Ordinary High Waterline (OHW), significantly exceeding the minimum 75’ft setback requirement. The current structure conforms with the average lakeshore setback given the position of the neighboring homes. The existing structure could be remodeled or rebuilt in it’s current location and expanded in size further from the lake. The new proposed site of the home will be 186’ ft back from the Ordinary High Waterline (OHW) moving the house approximately 28’ft further from the lake of the existing home’s location. . While not conforming with the Average Lakeshore Setback (ALS), we are proposing a significant improvement from what currently exists.. We also designed the home with low roof lines in the view corridor of the neighbor to the South, understanding itis an important consideration in gaining their support for our proposal. As a result of our design efforts and consideration of their concerns, both the neighbor to the North and to the South have expressed their support for the approval of our variance request. The lakeside setback of the home to the south of the subject property, driven by the shape of the property on which it sits has created a practical difficulty for the subject property. The southerly point of the Average Lakeshore Setback (ALS) forces a setbacksignificantly greater than the majority of the homes in the neighborhood. If built in a compliant location, the views from a home on the subject’s property would be unreasonabyimpaired by the homes to the south and would unreasonablydiminish the use and enjoyment of the property owner. Our request isthe council consider the character of the neighborhood, and the typical, average lakeshore setback of the neighboring homes. Our proposal improves the new home’s lake side setback by 28’ft, placing the majority of the home behind the required ALS. Due to the orientation of the home in relation to the lakeshore, a small portion of the proposed home will encroach beyond the lakeshore setback. Our proposed design conforms with street and side yard setbacks as well as impervious surface restrictions. The design cures a side yard setback encroachment to the south, where the current structure is 8’ from the property line where 10’ is required and our proposal is 28’ (well in excess of the requirement) in consideration of the neighbor’s concerns. The uniqueness of our request should also be a consideration in the council’s decision. The development of this property combines 3 lots into 2 that are controlled by related parties building homes simultaneously. The existing structures can be remodeled which would leave existing non- conformities unimproved. Building the home on the Northern lot first, with a lesser, but conforming lakeshore setback would allow the home on the Southern lot to push closer to the lake and lessen the need for this current request; however, it would also impede the view of both the home to the North (Goodwin’s) as well as the subject home and break form the character of the overall neighborhood. If approved, our proposal avoids these complications, improves the ALS encroachment, cures the side yard setback encroachment, improves the views of the neighbor to the south and preserves the overall character of the neighborhood. It is our beliefthe ALS intent is to create uniformity in the lakeshore setback of lots, taking into account irregular lot shapes, preserving views and preserving character of properties around the lake. Our proposal is in compliance with the intent of the average lakeshore setback and will create homesconsistent with the majority of the neighborhood. Peter Eskuche Eskuche Design Group 612-296-7575 L.L. SLAB 946.4' -11'-1 1/4" M.L. SUBFLOOR 957.5' ±0" U.L. SUBFLOOR +11'-11 7/8" U.L. CEILING +21'-1" 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10'12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' L.L. SLAB 946.4' -11'-1 1/4" M.L. SUBFLOOR 957.5' ±0" U.L. SUBFLOOR +11'-11 7/8" U.L. CEILING +21'-1" 1 EAST ELEVATION 2 NORTH ELEVATION SHEET PROGRESS SET 30 JUNE 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 HEIM RESIDENCE Casco Point Road Orono, Minnesota 612-462-4000 153 East Lake Street Wayzata, MN 55391 L.L. SLAB 946.4' -11'-1 1/4" M.L. SUBFLOOR 957.5' ±0" U.L. SUBFLOOR +11'-11 7/8" U.L. CEILING +21'-1" 10 ' - 0 " 26 ' - 1 1/ 8 " BU I L D I N G HE I G H T < 30 ' MA X . AL L O W E D 14 ' - 4 1/ 4 " 14 ' - 4 1/ 4 " LOWEST EXISTING GRADE 954' REFERENCE LINE (10' ABOVE LOWEST) HIGHEST EXISTING GRADE 956' ROOF DEFINED (MIDPOINT OF HIGHEST ROOF) L.L. SLAB 946.4' -11'-1 1/4" M.L. SUBFLOOR 957.5' ±0" U.L. SUBFLOOR +11'-11 7/8" U.L. CEILING +21'-1" 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10'12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' 1 WEST ELEVATION 2 SOUTH ELEVATION SHEET A3 PROGRESS SET 30 JUNE 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 HEIM RESIDENCE Casco Point Road Orono, Minnesota 612-462-4000 153 East Lake Street Wayzata, MN 55391 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 9'-0½" APPROX. SF = 1,970 FINISHED LOWER LEVEL FLOOR PLAN SHEET PROGRESS SET 30 JUNE 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 HEIM RESIDENCE Casco Point Road Orono, Minnesota 612-462-4000 153 East Lake Street Wayzata, MN 55391 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 3'-0" 8'-0" 8'-0" 8 '-0 " 3 '-0 " 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 3,650 FINISHED + 1,052 GARAGE + 754 COVERED TERRACE + 474 FRONT PORCH MAIN LEVEL FLOOR PLAN SHEET A1 PROGRESS SET 30 JUNE 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 HEIM RESIDENCE Casco Point Road Orono, Minnesota 612-462-4000 153 East Lake Street Wayzata, MN 55391 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 9'-1⅛" APPROX. SF = 2,496 FINISHED UPPER LEVEL FLOOR PLAN SHEET A2 PROGRESS SET 30 JUNE 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 HEIM RESIDENCE Casco Point Road Orono, Minnesota 612-462-4000 153 East Lake Street Wayzata, MN 55391 7060504030 802010NWE S 0 2 0 ' 40'60' 8 0 ' SUMMER SOLSTICE SUNRISE WINTER SOLSTICE SUNRISE SU M M E R S O L S T I C E SU N R I S E WI N T E R S O L S T I C E SU N R I S E SHEET L1PROGRESS SET 30 JUNE 2022952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 H EIM R ESIDENCE Casco Point Road Orono, Minnesota612-462-4000 153 East Lake Street Wayzata, MN 55391 PR O P O S E D 1 5 6 ' - 1 " 1 8 4 ' - 2 " 2 1 1 ' - 7 " 7 4 ' - 1 " Vi e w o f C a s c o P o i n t . N o t i n g t h e o v e r a l l a v e r a g e s e t b a c k f r o m t h e l a k e s h o r e . PR O P O S E D H O M E EX I S T I N G O U T L I E R VARIANCE SET UPDATED 1 SEPTEMBER 2022 Co u n c i l Ex h i b i t E SHEET A2PROGRESS SET 30 JUNE 2022952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 H EIM R ESIDENCE Casco Point Road Orono, Minnesota612-462-4000 153 East Lake Street Wayzata, MN 55391 ex i s t i n g h o u s e pr o p o s e d h o u s e e xi s t i n g h o u s e pr o p o s e d pr o p o s e d pr o p o s e pr o p o s e d pr o p o s e ro p ho u s e ho u s e ou s e us e ho u s ho u s u Ex i s t i n g s i t e l i n e s f r o m S o u t h e r n N e i g h b o r H o m e . Pr o p o s e d s i t e l i n e s f r o m S o u t h e r n N e i g h b o r H o m e . So u t h e r n N e i g h b o r E x i s t i n g V i e w s f r o m d e c k s t a i r s . So u t h e r n N e i g h b o r V i e w f r o m d e c k s t a i r s ( s a m e v i e w a s a b o v e ) s h o w n w i t h P R O P O S E D ho m e l o c a t i o n a n d o u t l i n e o f e x i s t i n g . VARIANCE SET UPDATED 1 SEPTEMBER 2022 SHEET A4PROGRESS SET 30 JUNE 2022952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 H EIM R ESIDENCE Casco Point Road Orono, Minnesota612-462-4000 153 East Lake Street Wayzata, MN 55391 VARIANCE SET UPDATED 1 SEPTEMBER 2022 So u t h e r n N e i g h b o r V i e w f r o m d e c k s t a i r s w i t h e x i s t i n g h o m e s h o w n So u t h e r n N e i g h b o r V i e w f r o m d e c k s t a i r s w i t h e x i s t i n g h o m e r e m o v e d a n d p r o p o s e d h o m e s h o w n MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 5. LA22-000041 ESKUCHE DESIGN, 3005 CASCO POINT ROAD, REQUESTS AN AVERAGE LAKESHORE SETBACK VARIANCE FOR A NEW HOME. (STAFF: MELANIE CURTIS) The Applicants were present. The Applicant is proposing to redevelop the property with a new single family home. As part of the project the property owner plans to combine the subject property with a portion of the property to the north addressed 2987 Casco Point Road. Further they plan to combine the remaining half of 2987 Casco Point Road with the “tennis court lot.” The existing homes are planned to be removed. The Applicant has designed a new home for the newly enlarged property reflected in Exhibit D. For the purpose of this application the Planning Commission should treat the newly enlarged property as existing. If there are any approvals granted, they will be contingent upon completion of all the requirements to administratively move the lot lines. Due to the orientation of the property in relation to the neighboring homes and the curvature of the shoreline, the Applicant is requesting an average lakeshore setback variance for the new home. The Applicant has provided supporting documentation regarding the applicable practical difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. The neighboring home is pushed back from the lake 210 feet due to a relatively narrow 50 foot lakeshore strip. The result is a large average lakeshore setback over the subject property. The proposed home has been designed to reduce the impact to the adjacent property owners’ views of the lake from the existing condition. The Applicant is proposing to reduce the encroachment into the average lakeshore setback by 15 feet, and reorient the home to pull back from the lake and away from the neighboring lots in the average setback area. Comments have been received and are included in the packet. An additional comment was submitted today. Staff finds that the Applicant’s choice to build a replacement home in the proposed location is not supported by practical difficulty, although it slightly improves the lake views from the adjacent home from the existing condition. There is a conforming building envelope on the property to support the Applicant’s proposed home footprint. Finding inadequate practical difficulties to support the request, Planning Staff recommends denial. Bob Heim, 3005 Casco Point Road, stated this was a three lot parcel and they decided to split it to two parcels based on feedback from the City and neighbors. Now they are trying to build homes that conform with the other homes so they are essentially in a line. Moving the house forward cuts down on the sightline of the neighbor’s pool, although they could plant shrubs on the side to hide the pool. Neighbors on both sides agree with the plan. Michael Gorman, 2987 Casco Point Road, noted they are trying to balance a consistent setback along what was formerly Lakeshore Avenue. This does require a variance based on where the homes are located but it was designed intentionally and showed the line of homes on screen. Sven Gustafson, general contractor, spoke about preserving the Goodwin's sightline. Chair McCutcheon opened the public hearing at 7:15 p.m. Dan Seidel, 3015 Casco Point, supports the plan and thinks they put a lot of care and time into it. He stated the reason his house is in its current location is because they took care not to block the Hartswell house or to loom over the house next to them. The setback is improving on the house next to his as it is being moved back, and they have talked about not putting a forest in to preserve Mr. Seidel’s lake view which he appreciates. He thinks they have a chance to line up the historic homes for the next 100 years. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ He asked about drainage across the street and wonders if pushing it back will affect those drainage issues. Mr. Seidel supports this plan and looks forward to having them as neighbors. Chair McCutcheon closed the public hearing at 7:17 p.m. McCutcheon appreciates the Applicant taking the feedback from 3 lots to 2 lots. He noted they put some thought into the plans in looking at drainage points, the neighbor’s pool and respecting their privacy, and the uniformity of the look of the proposed house. Kraemer agrees it is a win-win and it is always great to see neighbor support. It improves things for everyone and gives more consistency to the neighborhood and it looks good. Erickson noted he may be biased as he started on a property with three homes on it and he tore down two so now there is one. He spoke about Staff’s concerns, especially number 12 of the practical difficulties. He said when one has the option to build in a different location that conforms with Code, it then concludes the request is a convenience to the property owner rather than a practical difficulty. Erickson stated State law dictates standards for practical difficulty and if they cannot make that standard the law forbids the City and Council from approving it. Kirchner echoes Mr. Erickson and finds it difficult to identify practical difficulties with this application. He does not believe practical difficulties are established and would not support the application. Peterson suggested giving it back to the architect and making it conform to the guidelines. Mr. Gustafson stated a lot of work has gone into the designing the location and form of the homes, especially to the south as they are concerned about the massing of the lake and south side of the home and do not want it to block their view or sunlight. Curtis added that pushing the house 210 feet back from the lake results in a condition that is out of the character on Casco as they do no typically have this great distance and the homes are closer to the lake. Therefore it would be out of character in this particular area but that is the conforming setback. Mr. Gorman noted they are trying to be transparent and stated this is the difference between practical difficulty and a practical result. The practical result that works best for the community and neighbors is consistent with what they have laid out. The question is whether they get there with one step or two steps. Mr. Gustafson thinks the flag lot itself is the practical difficulty and it is further from the lake than most every other home to the north of this property. In addition, in talking to City Staff there has been some head scratching as they have not seen many three lot combos with both homes being torn down and there isn’t a lakeside setback established by existing homes. He suspects the uniqueness of the lot is part of the practical difficulty here. McCutcheon does not think this is egregious, the neighbors are in line, it seems like a win-win with less massing. Regarding practical difficulty if they take into consideration the shape of the lake and the flag lot and whether that helps the decision at all. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Kirchner hears everything being said, understands it, and respects the foresight that has gone into planning. He hangs his hat on that practical difficulty being established but noted the Applicant has done a phenomenal job in what they’re trying to accomplish. Erickson moved, Kirchner seconded, to deny LA22-000041, 3005 Casco Point Road. VOTE: Ayes: 3, Nays 2 (McCutcheon, Kraemer). From:Jon Miller To:Melanie Curtis Subject:Re: Development Concerns with Hartzle property 2987 Casco Pt Rd Date:Wednesday, August 10, 2022 2:58:04 PM HI Melanie, I see the reports you sent but Its hard to get a good grasp on the exact changes and how it will ultimately impact water flow. Ultimately the slope of the landscaping matter just as much as the actual hardcover. Additionally, hopefully the city takes the fact that there is a current issue with drainage that should be corrected as they consider approving any plans and excusing variances. It comforting to learn they have adjusted their plans to be 2 properties instead of 3 so not overly relevant now but as the city gets requests for variance exceptions one risk we notice (in the summer especially) that's hard to correct after development is with the parking. Naturally many people have visitors over during the summer but since many lots are tight on parking (probably for the reason of hardcover) they park in the street and mix the tight and winding Casco Pt Rds with some peoples aversion to applying common sense (i.e cars on each side of the road, parking on curves, cars parked not even close to the curb!) with parking it sets the stage for a real disaster. Thanks again, Jon 2980 Casco Pt Rd On Wednesday, August 10, 2022 at 10:27:07 AM CDT, Melanie Curtis <mcurtis@ci.orono.mn.us> wrote: Jon I am preparing the staff report for Monday’s council meeting. Do you have any formal comments to submit? If so, it would be helpful if I were to receive them by tomorrow at 10am. Thanks. Melanie Curtis Direct: 952.249.4627 mcurtis@ci.orono.mn.us All permits and applications are handled through our online portal - LINK! From:Dan Seidel To:Melanie Curtis Subject:FW: Re[2]: Plans for 3005 Casco Point Road Date:Thursday, August 11, 2022 9:58:41 AM Attachments:image001.png image002.png image003.png From: Dan Seidel Sent: Thursday, August 11, 2022 9:46 AM To: Helena Seidel <Helena@BankersTitleMN.com> Subject: RE: Re[2]: Plans for 3005 Casco Point Road Good morning Melanie: Thank you for providing the information regarding the development plans next door to our property at 3015 Casco Point Road. We are in support of the proposed plan that you sent to us. In 2004, when we designed plans for our home, we placed our home farther back than what would have been allowed. This was based on our consideration for our neighbors on both sides as to not change or inhibit their views of the Lake. By doing this, we also established a set-back line that was farther back than the average on Casco Point. The new owners of 3005 Casco have proposed a plan which requires a set- back variance from the lakeshore. We support this plan because: 1.It actually moves the property farther back than the current structure on the property and thus improves the set-back line. 2.The plan as proposed has taken care to minimize the impact of the new development on our property and lake views. 3.The existing 2 neighboring properties have been in existence for at least 100 years. The plans we have seen for the neighboring new home keeps the character of the current property in both design and placement. Every request for a Variance has their own unique circumstances. In this case the applicants are making an improvement in the set-back from the lake and have taken care in preserving our lake views. For these reasons we are in support of the plan. We plan on attending the Monday planning commission hearing if there are further are questions or comments. Thank you. Personal State License Number: 63785 Company State License Number: 40225610 From:Bonnie Martinson To:Melanie Curtis Subject:3005 Casco Point Road Proposed property development Date:Saturday, August 13, 2022 4:43:41 PM To: Melanie Curtis From: Bonnie Martinson Re: 3005 Casco Point Road Proposed property development Date: August 12, 2022 Bonnie Martinson 2970 Casco Point Road Thank you Melanie for sharing the documents relative to the development on the property at 3005 Casco Point Road. Not being an architect the drawings are somewhat complicated for me but what I do want the planning commission to understand is my concern regarding any additional drainage from the 3005 property caused by new construction and lot configuration changes. Some Orono staff members are aware of the inadequacy of the city drain between houses 2970 and 2980. There is an easement for this drain going through our property into the lake. The poorly designed drain is not able to be cleaned out because the clean out drain is too far from the road for the equipment to reach it, therefore in the heavy rains, water overflows onto my property. New houses across the street have been constructed so that water now drains from their property and driveways across the street toward the city drain and since the drain cannot handle the water it overflows across my property. Any additional construction across the street will no doubt add to the problem as they reconfigure their lots to their desired height and add additional concrete driveways that will drain across the street to the city drain. I ask the planning commission to take into consideration these issues in their decisions regarding the development of these properties on the former Hartzell property. I will attach a few pictures of what happens during heavy rains. Fortunately the last two years we have had drought conditions and I have not floated away. I appreciate your attention to these concerns. Bonnie Martinson 2970 Casco Point Road Looks like the drain needs to be cleaned. Bonnie Martinson bonniemartinson17@gmail.com Date Application Received: 07/20/2022 Date Application Considered as Complete: 07/20/2022 60-Day Review Period Expires: 09/18/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 15 August 2022 Subject: #LA22-000041, Eskuche Design o/b/o Chris Heim, 3005 Casco Point Road Variance Public Hearing Background The applicant is proposing to redevelop the property with a new single family home. As part of the project the property owner plans to combine the subject property with a portion of the property to the north addressed 2987 Casco Point Road. Further they plan to combine the remaining half of 2987 Casco Point Road with the “tennis court lot” PID 20-117-23-34-0027. The result will be an administrative combination of three buildable lots into two buildable lots. In October the Planning Commission will review an easement vacation relating to this administrative combination. For the time being, this application focuses on the to-be-created 3005 Casco Point Road depicted in Exhibits D and E, attached. The existing homes are planned to be removed. The applicant has designed a new home for the newly enlarged property reflected in Exhibit D. For the purpose of this application the Planning Commission should treat the newly enlarged property as existing. If there are any approvals granted, they will be contingent upon completion of all the requirements to administratively move the lot lines. Due to the orientation of the property in relation to the neighboring homes and the curvature of the shoreline, the applicant is requesting an average lakeshore setback variance for the new home. Application Summary: The applicant is requesting an average lakeshore setback variance in order to redevelop the subject property. Staff Recommendation: Planning Department Staff recommends denial of the average lakeshore setback variance. FILE # LA22-000041 15 Aug 2022 Page 2 of 5 Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that the applicant’s choice to build a replacement home in the proposed location is not supported by practical difficulty, although it slightly improves the lake views from the adjacent home from the existing condition. There is a conforming building envelope on the property to support the applicant’s proposed home footprint. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 - Setbacks: LR-1C Required Existing Proposed Rear 30’ 68.4’ 83.8’ North Side** 10’ 8’ 28’ South Side 10’ 31.1’ 20.3’ Lakeshore 75’ 158’ 173’ Average Lakeshore The required setback is 210’ determined by the home at 3015 CPR. The existing home is 158’ from the lake. The proposed home is shown at 173’; a 15 foot encroachment improvement within the average lakeshore setback. ** The north lot line will be adjusted so the existing and proposed side yard setbacks on the north side as noted are not comparable. Section 78- 350 - Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Section 78-1403- Structural Building Coverage: The property exceeds 1.99 acres in area and structural coverage limitations do not apply. Section 78-1680 and 78-1700 - Hardcover Calculations: The project will have a conforming hardcover level. Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The subject property is situated at the beginning of a slight convex curve of the Casco Point shoreline. The properties to the south have a unique orientation in that the immediately neighboring lot has a lakeshore lot notched out of the shoreline. The neighboring home is pushed back from the lake 210 feet due to a relatively narrow 50’ lakeshore strip. The result is a large average lakeshore setback over the subject property. The proposed home has been designed to reduce the impact to the adjacent property owners’ views of the lake from the existing condition. The applicant is proposing to reduce the encroachment into the average lakeshore setback by 15 feet, and reorient the home to pull back from the lake and away from the neighboring lots in the average setback area. There is a difference of approximately 98 feet of separation between the 75-foot setback and the average lakeshore setback line on the property. Situating the home behind the average lakeshore setback would essentially put the house behind the FILE # LA22-000041 15 Aug 2022 Page 3 of 5 two neighboring homes and would impact their view of the lake. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 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 lot does include difficulties in the orientation of the shoreline and location of adjacent lots/homes. However, there is a considerable building envelope on the property which will allow for lake views. The proposed variance is not in harmony with the purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. There is a conforming building envelope allowing for lake views; the proposed variance is inconsistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home in the proposed location partially within the average lakeshore setback does not appear to be reasonable considering the ample building envelope and size of the property. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The location of the neighboring homes and properties are out of the landowners’ control. However, the project is for redevelopment and the home can be located to comply; and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. 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. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. FILE # LA22-000041 15 Aug 2022 Page 4 of 5 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-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The shape of the shoreline as well as the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s shoreline orientation, and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property has a conforming building envelope where a new home can be sited. Granting the average lakeshore setback variance is not necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variance 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 requested variance would serve as a convenience to the applicant. 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 Comments have been received and are attached as Exhibit G. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s ), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Finding inadequate practical difficulties to support the request, Planning Staff recommends denial. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form FILE # LA22-000041 15 Aug 2022 Page 5 of 5 Exhibit C. Existing Survey Exhibit D. Proposed Survey Exhibit E. Proposed Plans and Elevation Exhibit F. Conforming House Location Exhibit Exhibit G. Neighbor Comments Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: L. Oakden Reviewed By: A.Carlson Approved By 1.Purpose. The applicant is requesting setback variance approval to place a new monument sign on the street lot line where a setback of 5 feet is required. 2.Background. The applicant is requesting approval of a variance for a 0-foot setback from the street property line. A 5 foot setback is required from all property lines for a moument sign. The proposed sign is 9’ x 1.4’ and will be 7.3 feet tall which is a conforming size. The monument sign will include the business name, a digital changable signage area, and a faux stone base. The property currently has a 8’ wide sign installed on two 4”x 4” posts, located between the building and the pavement of County Road 15. The existing sign is situated over the property line and encroaches two feet into the right-of-way. The existing sign is also located over a utility easement; the new monument sign is proposed to remain within the utiliy easement. The proposed plan would remove the current sign which encroaches into the right-of- way with a new sign at a 0-foot setback. 3.15.99 Deadline. The applicant made a complete application on July 20, 2022. The 60-Day review period ends on September 19, 2022 4.Planning Commission Vote and Comment. The planning commission held a public hearing on August 15, 2022. No comments from the public were made during the public hearing. The Commissioners discussed their concerns with the proposed encroachments into the setback and the proposed digital display on the sign. Commissioners noted the digital display proximity to the road was not supported. The Commission voted 3-2 (Erikson and Kraemer) to deny the variance request. The draft meeting minutes are attached as Exhibit D. 5.Public Comment. No public comments were received. 6.Staff Recommendation. Staff finds there are conforming building locations which would meet the setback requirement. Any encroachment in the utility easement would require an encroachment agreement. Staff recommends denial of the proposed variance. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution for the September 26th, 2022 Council Meeting. Item No.: 17 Date: September 12, 2022 Item Description: LA22-000037 – 612 Signs o/b/o EOF Investments LLC, 1444 Shoreline Drive, Variance Presenter: Laura Oakden Community Development Director Agenda Section: Community Development Department Figure 1: The existing sign in red and the proposed sign in blue. Exhibits A. Survey and Photos B. Plans C. Engineer Comments D. PC minutes E. PC Staff Report References PC Exhibits A. Application B. Practical Difficulties Documentation Form C. Survey and Images D. Narrative and Plans E. Submitted Hardcover Calculations F. Engineer Comments G. Property Owners List and Map NOTE: signs indicated at front of building no longer exist. Existing sign dims 8’ L x 4’H (panel) x 4” D (posts) (annotation on survey drawing NTS) Setback from property line N/A Proposed sign dims 9’ L x 7.3’ H (panel) x 15” D (footing and base) (annotation on survey drawing NTS) Setback from property line 0’ NOTE: signs indicated at front of building no longer exist.Existing sign dims 8’ L x 4’H (panel) x 4” D (posts)(annotation on survey drawing NTS)Setback measurements included in applicationProposed sign dims 9’ L x 7.3’ H (panel) x 15” D (footing and base)Setback measurements included in application Front Elevation Scale: NTS 4 x 4 STEEL TUBE 1/4” WALL 12” DIAM 48” DEEP CONCRETE FOOTING 3'-6" 4' 1' 3'-6" 4' 1' Profile Scale: NTS 3'-6" 4' 1' SALESPERSON: WS DRAWN BY: WS SCALE: AS NOTED REV: - 222 7435 Washington Avenue South7435 Washington Avenue South Minneapolis, MN 55439Minneapolis, MN 55439 sales sales ||William SalvadorWilliam Salvador phonephone ||612.503.5030612.503.5030 emailemail ||william@612signs.com william@612signs.com 7435 Washington Avenue South Minneapolis, MN 55439 sales |William Salvador phone |612.503.5030 email |william@612signs.com L OC A TI O N CL I E N T All design, manufacturing, reproduction, use, and sale of this document is strictly prohibited without the written consent of 612 SIGNS. This document is submitted under a confidential understanding that the recipient assumes custody and agrees that the document and any part of its content is not to be copied or reproduced, nor any of its contents be revealed in whole or in part to other parties, except where agreed upon by 612 SIGNS and recipient. In addition, no design features unique to this document may be incorporated in any other project except by agreement between 612 SIGNS and the customer. RIVER VALLEY MARINE OF L AKE MINNETONKA APPROVED APPROVED AS NOTED Name: Signature: Date: Sign Type CSign Type CSign Type C Quantity: monument Size H x W: 88 1/2” x 108” Notes: Double sided illuminated monument 1 1/8” aluminum faces111 Material & Finish Schedule 1/2” push through logos222 Nexstone faux stone bottom 333 24”x96” digital display 555 444 Principal LED LEDs and 60W 120V/12V transformers RIVER VALLEY MARINE 1444 SHORELINE DR WAYZATA MN 55391 RIVER VALLEY MARINE 1444 SHORELINE DR WAYZATA MN 55391 2022 ModelsSEE THEMin personupdatedDouble sided monument8’ x 5’ 8” sign face. 24”x96” Digital PT Faces 2022 ModelsSEE THEMin person 5 1/8” Deep 2022 Models SEE THEM in person lower sign closer to the building further away from the main road 10’ 6” away from the property line 51” away from the building 96” tall 105” long 112” away from the black top 215” away from the road line EXISTING SIGN SURVEY APPROACH PULL OVER CROSS DOUBLE YELLOW LINES SALESPERSON: WS DRAWN BY: WS SCALE: AS NOTED REV: - 222 7435 Washington Avenue South7435 Washington Avenue South Minneapolis, MN 55439Minneapolis, MN 55439 sales sales ||William SalvadorWilliam Salvador phonephone ||612.503.5030612.503.5030 emailemail ||william@612signs.com william@612signs.com 7435 Washington Avenue South Minneapolis, MN 55439 sales |William Salvador phone |612.503.5030 email |william@612signs.com L OC A TI O N CL I E N T All design, manufacturing, reproduction, use, and sale of this document is strictly prohibited without the written consent of 612 SIGNS. This document is submitted under a confidential understanding that the recipient assumes custody and agrees that the document and any part of its content is not to be copied or reproduced, nor any of its contents be revealed in whole or in part to other parties, except where agreed upon by 612 SIGNS and recipient. In addition, no design features unique to this document may be incorporated in any other project except by agreement between 612 SIGNS and the customer. RIVER VALLEY MARINE OF L AKE MINNETONKA APPROVED APPROVED AS NOTED Name: Signature: Date: Front elevation (Day) Scale: NTS Sign Type CSign Type CSign Type C Quantity: monument Size H x W: 88 1/2” x 108” Notes: Double sided illuminated monument 1 1/8” aluminum faces111 Material & Finish Schedule 1/2” push through logos222 Nexstone faux stone bottom 333 24”x96” digital display 555 444 Principal LED LEDs and 60W 120V/12V transformers RIVER VALLEY MARINE 1444 SHORELINE DR WAYZATA MN 55391 RIVER VALLEY MARINE 1444 SHORELINE DR WAYZATA MN 55391 As per code OLD sign 105”x96” = 70 SF (face is 32 sf)As per code OLD sign 105”x96” = 70 SF (face is 32 sf) New sign 88 1/2”x 108” = 66 1/2 sf (face is 45 sf as per Katie email above) the DIGITAL DISPLAY is 16 sf and 35% New sign 88 1/2”x 108” = 66 1/2 sf (face is 45 sf as per Katie email above) the DIGITAL DISPLAY is 16 sf and 35% As per code OLD sign 105”x96” = 70 SF (face is 32 sf) New sign 88 1/2”x 108” = 66 1/2 sf (face is 45 sf as per Katie email above) the DIGITAL DISPLAY is 16 sf and 35% From:Adam Edwards To:Laura Oakden Subject:RE: 1444 Shoreline DR- LA22-000037- Sign Variance Date:Monday, July 11, 2022 5:04:13 PM Lara, It appears as depicted the sign would not directly interfere with the City Sewer Line. However since it is proposed to be located within a Utility Easement an Encroachment agreement is needed. Adam From: Laura Oakden Sent: Wednesday, July 6, 2022 5:17 PM To: Adam Edwards <aedwards@ci.orono.mn.us> Subject: 1444 Shoreline DR- LA22-000037- Sign Variance Hi Adam, An application has been made for a new monument sign at 1444 Shoreline Dr. but there are two surveys attached which shows slight variance on location. One indicates a 0’ setback from the ROW the other survey shows the sign encroaching in the ROW. I have asked for clarification from the applicant. However, the signs looked to be placed in an easement with both locations. Please review the variance and provide comments for the Planning Commission to consider. I need your comments by Friday morning in order to incorporate them into packet. Thanks! Laura Oakden Interim Community Development Director City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 4 ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Mark McCutcheon, Commissioners Scott Kirchner, Bob Erickson, and alternates Dave Peterson and Gary Kraemer (arrived at 7:03 p.m.). Commissioners Chris Bollis, Jon Ressler, Dennis Libby, and Matt Gettman were absent. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis. Chair McCutcheon called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. PUBLIC HEARINGS 2. LA22-000037 612 SIGNS, 1444 SHORELINE DRIVE, REQUESTS A SETBACK VARIANCE TO CONSTRUCT A NEW MONUMENT SIGN. (STAFF: LAURA OAKDEN) William Salvador, on behalf of the Applicant, was present. Ms. Oakden gave a presentation on the item, noting the Applicant is requesting a zero foot street setback for a monument sign. The Applicant is requesting approval of a setback variance to permit construction of a 9’ x 1.4’monument sign that will be 7.3 feet tall. The property currently has an eight foot wide sign installed on two 4”x 4” posts, located between the building and the pavement of County Road 15. The existing sign encroaches into the right-of-way. The existing sign is located over a utility easement and the new monument sign is also proposed to remain within the utility easement. The Applicant is proposing a zero foot setback from the right-of-way. A monument sign is required to have a 5 foot setback from all property lines. The proposed plan would remove the current sign encroaching into the right of way but the new sign would not meet the required 5 foot setback. Staff recommends any new improvements placed within the City utility easement be addressed with an encroachment agreement and an equal amount of hardcover reduced from the property to maintain existing levels. The Applicant has identified the substandard street yard due to the existing location of the business. The Applicant states the monument sign is necessary to increase visibility of the business to aid in reducing traffic hazards. The Applicants have provided supporting documentation regarding practical difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Staff finds that there are some practical difficulties in the lot configuration, with the location of the existing building challenging traffic sightlines. Staff also acknowledges that the proposal will resolve the existing right-of-way encroachment. However, the property has conforming locations for alternative placement of a monument sign. The proposed monument sign an accessory use of the property and the business is considered the primary use. The proposed zero foot setback for the sign is a convenience to the property owner and not a necessity for the primary use of the property. Ms. Oakden noted the engineer provided comments in the packet and no public comment was received. Staff finds there are conforming building locations that would meet the 5 foot setback requirement and finds that the proposed location is out of convenience. Any encroachment in the utility easement would require an encroachment agreement. Planning staff recommends denial of the proposed variance. Kirchner asked which encroachment the proposal eliminates. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 4 Oakden replied the current sign encroaches into the right-of-way and the new sign is proposing a zero foot setback but would eliminate the right-of-way encroachment. However both signs would be located in the utility easement. McCutcheon asked about the details of the sign. Oakden replied the sign the monument signage will include the business name, a digital changeable signage area, and a faux stone base. William Salvador of 612 Signs spoke about the visibility which is important for safety and showed a photo on screen noting there have been 3 accidents this year and people cannot see the sign going eastbound. The new sign is a lot more visible and that the current sign does not represent Orono as it is two plastic posts and a panel. They would like to design something really beautiful with architectural stone and down-lighting at the entrance of the town. He does not know that they are married to having the sign at the edge but because there is an existing sign there Mr. Salvador recommended it. He noted they are taking something existing and ugly, bringing it closer to the building, and making it a foot shorter; it is the same size and same place but closer to the building, more visible and thus safer, and much prettier. Kirchner asked what the digital display would scroll. Mr. Salvador thinks it needs to be static; while it can change it needs to be a certain frequency. He cannot speak for the owner but thinks he would say it is not that important. What is important is that they just paid a ton of money to redo the siding and make it more beautiful and want to make the signage more beautiful. If a digital display makes it worse in terms of the Planning Commission’s acceptance, Mr. Salvador thinks they would remove it. They are asking for their opinion and can make changes and he reiterated they are trying to make something prettier than the plastic posts there currently. Chair McCutcheon noted it is already known for being an accident area and they do not want to make more distractions which is why they are sensitive on the digital display. Mr. Salvador spoke about driving on the road near the curve and sightlines of the building, noting one does not see the current sign until they are in front of the business. People then hit the brakes to pull in and from the other direction people cannot see those pulling out or coming across until the last minute which is why there have been many accidents. He clarified the relevance of the sign’s proportion as previously there was a longer name and all sorts of mumbo-jumbo. Now the sign displays the name “River Valley” in large letters so one can read it further out. McCutcheon asked if the current sign is being hit by snow plows as it is so close to the road. Mr. Salvador replied it has been there 20 years and noted the posts do not have marks on them. The new one will be about 30 inches further in. Oakden clarified it abuts roughly two feet into the right-of-way currently and showed the edge of the right-of-way and the edge of the pavement. She reached out to Public Works for comment and they did not have any comments regarding the placement. The City Engineer replied regarding the encroachment agreement over the utility easement. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 4 Chair McCutcheon opened the public hearing at 6:29 p.m. Chair McCutcheon closed the public hearing at 6:29 p.m. McCutcheon stated they are improving the sign by getting closer to the building but the fact remains it does not meet the five foot setback. He asked if the Commissioners are okay with it due to the fact that the previous sign was there or whether they want the Applicant to push it back and meet the setback. Erickson is pleased to see the encroachment into the right-of-way will be eliminated. He also noticed that it will be above the utility easement but noted the engineer comment and review that the proposed sign would not interfere with the sewer line and recommends an encroachment agreement. He said any motion should include the condition on acceptance of Exhibit F. With that, Erickson would not see any problem with this. Peterson viewed the site this weekend and noted it is a very hazardous intersection. He missed the number on the way past and had to turn around to come back noting one needs to pay attention. He encourages adequate signage that brings the message to people and if the Commission does not like this sign they should help guide the Applicant to a different sign. McCutcheon stated that is correct, if one is buying a boat and has never been on this unfamiliar road and is trying to find the business, they do not need anyone hitting their breaks in that area. He understands why a more bold and recognizable sign is needed. Kirchner understands the concept but does not like the digital display for the safety reasons cited as it is merely adding to the visual clutter as drivers proceed down the roadway. He also understands drawing more visibility to the business, however given there are opportunities to conform to City Code, he would like to see an application that conforms to the existing Code. He does not think it meets practical difficulties in this case and would not be in support of the variance. McCutcheon asked if there is a con to pushing the sign back. Mr. Salvador noted they thought about that but the problem is coming west going east, one does not see the sign until they are in front of the building and are at the point to pull in. He noted they could devise a pylon going vertically up with the name “River Valley” but the problem is that would be about 20 feet tall to write “River Valley” vertically. He stated finding an alternative if this does not work is the point. He thinks there might be a Code saying they cannot put a 20 foot vertical sign. He noted the issue is finding a place to put a sign that can be seen after one turns because the west side is not visible until one is in front of the walkway. Kraemer supports this and thinks it is a big improvement as the current sign is temporary-looking and the proposed sign is permanent looking. If the Applicant has the ability to do another temporary-looking sign he would rather see them do the more permanent-looking sign with the added improvement of getting out of the encroachment. He does not know enough about alternative locations but noted this is an improvement so he would be for this with the digital display removed. McCutcheon noted the issue is coming from the freeway and trying to find the business and agreed it is an improvement. He appreciates the monument as it looks less temporary and more professional and bold. This is an opportunity to sharpen it up and get it out of the encroachment. MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 4 Kirchner thinks it is worth noting it is still within the utility easement and he would argue the two plastic posts provide clearance underneath that is easier to worth through if maintenance needs to be done. They may end up destroying the sign in the event that utility work needs to be done within that easement. McCutcheon asked what the encroachment agreement would entail. Oakden replied standard encroachment agreements say something to the effect of one acknowledges they are putting an improvement in an easement space and it is at their own risk and liability should any utilities, maintenance, or damage occur through maintenance of that easement. Essentially it would be at the Applicants’ risk. Erickson asked if they had discussion of a Code amendment regarding digital signs. Oakden replied they re-wrote the sign Code over the last five years, it was flushed out, amended, and the City does allow digital displays with a limit to size, brightness, and how fast the signs are. Mr. Salvador noted the base of the sign is urethane manufactured to look like stone which is super light and he said rather than putting two posts they could put one post at 6x6 on the left side and one post closer to the building so it is very removable, lightweight, and closer to the building to create an easier way for utilities to be serviced. Kirchner noted they must go with the application in front of them but Mr. Salvador has heard the feedback and can take that into account when they move the application to the City Council. McCutcheon summarized the Commissioners are not big fans of the digital display and the Applicant could consider the maintainability of the sign. Regarding the new situation and bettering the situation the Commissioners are in favor of that. Kirchner moved, Peterson seconded, to deny LA22-000037, 1444 Shoreline Drive setback variance. VOTE: Ayes: 3, Nays 2 (Erickson, Kraemer). Erickson commented on his vote, noting he tends to favor positive votes when possible and if it had been vote to approve subject to conditions he would have been in favor of voting for that. McCutcheon thinks the Applicant received the Commission’s feedback and there are some minor adjustments to be made. Date Application Received: 06/22/2021 Date Application Considered as Complete: 07/20/2021 60-Day Review Period Expires: 09/19/2021 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: August 15, 2022 Subject: LA22-000037, 612 Signs o/b/o EOF Investments LLC, 1444 Shoreline Drive, Variance, Public Hearing Background The applicant is requesting approval of a setback variance to permit construction of a 9’ x 1.4’monument sign that will be 7.3 feet tall. The monument signage will include the business name, a digital changable signage area, and a faux stone base. The property currently has a 8’ wide sign installed on two 4”x 4” posts, located between the building and the pavement of County Road 15. The existing sign encroaches into the right-of-way. The existing sign is located over a utility easement and the new monument sign is also proposed to remain within the utiliy easement. The applicant is proposing a 0 foot setback from the right-of-way. A moument sign is required to have a 5 foot setback from all property lines.The proposed plan would remove the current sign encoraching into the right of way but the new sign would not meet the required 5’ setback. The image above shows the existing sign in red and the proposed sign in blue. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the substandard street yard due to the existing location of the business. The applicant states the monument sign is necessary to increase visibility of the business to aid in reducing traffic hazards. The applicants have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Application Summary: The applicant is requesting a 0 foot street setback. Staff Recommendation: Planning Department Staff recommends denial. LA22-000037 August 15, 2022 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that there are some practical difficulties in the lot configuration, with the location of the existing building challenging traffic sightlines. Staff also acknowledges that the proposal will resolve the existing right-of-way encroachment. However, the property has conforming locations for alternative placement of a monument sign. The proposed monument sign an accessory use of the property and the business is considered the primary use. The proposed 0 foot setback for the sign is a convenience to the property owner and not a necessity for the primary use of the property. LOT ANALYSIS WORKSHEET Section 78-350– Setbacks: DISTRICT B-2 Required Existing Proposed Rear (Shoreline Drive) 5’ Encroaches 2’ into CSAH 15 ROW 0’ Side (South) 5’ 10’ 12’ Side (North) 5’ 207’ 205 Lakeshore 75’ 94’ 92’ Average Lakeshore Met Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 27,625 s.f. 14,877 s.f. Per 1989 Variance 14,273 s.f. (51%) 14,282.25 s.f. (51%) Applicable Regulations: Monument Sign Setback (Sections 78-1478(2)c.) Monument signs shall be located at least five feet from any property line and shall not project over the property line. Clear vision shall be maintained from all streets and driveways. The submitted survey indicates a 9.4 foot distance between the building and the right-of-way. The applicant is requesting a 0 foot setback from the right-of-way where 5 feet is requried for the proposed monument sign. The new monument sign is also creating 11.25 sq.ft of hardcover over existing landscpaing. Staff recommends any new improvements placed within a city easement be addressed with an encorachment agreement and an equal amount of hardcover be removed on the property to maintain the existing level. 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 LA22-000037 August 15, 2022 Page 3 of 5 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. A monument sign is an accessory structure and is in harmony with the intent of the ordinance. The proposed location for the proposed sign with a 0 foot setback in not in harmony with the ordinance. 2. The variance is consistent with the comprehensive plan. The proposed variance to facilitate placement of a monument sign on the commercially zoned property 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 request to permit construction of the monument sign for an existing business with a nonconforming street yard appears to be reasonable as the property has a reduced rear yard due to existing conditions and its orientation with respect to the lakeshore creates difficulties. The requested 0 foot setback for a larger monument sign then existing is unreasonable. b. There are circumstances unique to the property not created by the landowner; The existing improvements on the lot with the current building and substandard street yard is unique to the property and not created by the landowner; and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of a monument sign will not alter the character of the area within a commercial district. The proposed placement of the sign abutting the road right-of-way is out of character and may pose a safety hazard for vehicular traffic. 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 monument sign is an allowed accessory structure in the B-2 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. Staff finds that the location of the existing LA22-000037 August 15, 2022 Page 4 of 5 building is peculiar but a reasonable building envelope is available for placement of the monument sign in a conforming location. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the existing building and substandard street yard does not apply to other properties in the district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The new monument sign would be located in the 5’ property line setback. The applicant states the existing location of the business and the curve of the right of way creates practical difficulty for the owner in allowing a monument sign. Staff finds the use and enjoyment of the property is currently being met with the existing business and a monument sign is and accessory structure not necessary for the use of the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The applicant states proposed variance will not impair health, safety, comfort or in any other respect be contrary to the intent of the zoning code. The placement of the substantial sign within the right-of-way may pose safety concerns to vehicular traffic due to its location and considerable increased mass compared to the existing wooden sign. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance for the proposed monument sign would serve as a convenience as the primary use of the property is met with the existing business. The proposed 0 foot setback is a convenience due to the conforming building areas available. 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. Engineer Comments The City Engineer reviewed and provided comments regarding the placement of a permanent structure within the easement. The Engineer notes the proposed sign would not interfere with the City Sewer line but recommends an encroachment agreement be required. (Exhibit F). Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner has designed the project as to meet City Ordinance regulations? Is there opportunity to conform to the City Code? 2. Does the Planning Commission find the proposed project necessary for the use of the property? 3. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 5. Are there any other issues or concerns with this application? LA22-000037 August 15, 2022 Page 5 of 5 Planning Staff Recommendation Staff finds there are conforming building locations that would meet the 5 foot setback requirement and finds that the proposed location is out of convenience. Any encroachment in the utility easement would require an encroachment agreement. Planning staff recommends denial of the proposed variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey and Images Exhibit D. Narrative and Plans Exhibit E. Submitted Hardcover Calculations Exhibit F. Engineer Comments Exhibit G. Property Owners List and Map AGENDA ITEM Prepared By: L. Oakden Reviewed By: Approved By: 1.Purpose. The applicant is requesting a variance to construct new retaining walls with minor footprint expansions within the lakeyard setback. 2.Background. The property has existing timber retaining walls that are failing. Pursuant to City Code 78-1726(6), an emergency slope repair request was approved by the City Council on June 27, 2022 to address the wall failure (Resolution 7273, Exhibit C). The applicant has proposed to construct new retaining walls directly in front of the existing walls to create the required support for the existing slope. The repair creates new footprint expansion within the 75’ lakeyard. 3.15.99 Deadline. The applicant made a complete application on June 22, 2022. The 60-Day review period was extended until October 30, 2022. 4.Planning Commission Vote and Comment. The planning commission held a public hearing on July 18, 2022. The Commissioners discussed the challenges with the slope of the lot and engineer’s report of the failing walls. The Commission voted 6 to 0 to approve the variance request. 5.Public Comment. No public comments were received. 6.Staff Recommendation. Staff recommends approval of the proposed variance. COUNCIL ACTION REQUESTED Motion to approve the included draft resolution Exhibits A.Draft Resolution B.Proposed Plans C.Resolution 7273, Emergency Slope Failure D.PC minutes E.PC Staff Report References PC Exhibits A.Application B.Practical Difficulties Documentation Form C.Resolution 7273 Emergency Slope Repair D.Proposed Site Plan And Engineered Drawing E.Engineer Letter F.Neighbor’s Permission for Work G.Property Owners List and Map Item No.: 18 Date: September 12, 2022 Item Description: LA22-000038 – Dennis Walsh, 1354 Rest Point Circle, Variance, Resolution Presenter: Laura Oakden Community Development Director Agenda Section: Community Development Department CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7280 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA22 -000038 WHEREAS, on June 22, 2022, Dennis Walsh (“Applicant”), applied for a variance from the City Code for the property addressed 1354 Rest Point Circle and legally described as: Lot 13, Rest Point Park and Lot 11, Subdivision of lot 14, Rest Point Park Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of replacement retaining walls with an increased footprint in the lake yard; and WHEREAS, on July 18, 2022, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on July 18, 2022, the Planning Commission recommended approval of the variance; and WHEREAS, on August 8, 2022, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000038. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7280 2 3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 4. Applicant has applied for the following variance: a. Lake Setback Variance 5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” Preserving and protecting the existing lake yard slope is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake wherever feasible. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed retaining walls will continue to maintain the integrity of the slope and protect the slope from catastrophic failure which protects the lake. The proposal 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 owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The owner has proposed retaining walls to protect against failure of the slope. The existing slope of the lake yard was not the result of actions by the owner; c. The variance, if granted, will not alter the essential character of the locality.” CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7280 3 There are existing retaining walls in the lake yard. The variance to permit the expanded retaining wall structure within the 75-foot lake setback will help to maintain the existing slope and character of the area. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential improvements are permitted to support a residential use in the LR-1B District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The slope of the Property combined with the pre-existing improvements are unique conditions affecting the Property. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s slope instability combined with the existing improvements create conditions which do not apply to adjacent properties. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback to be reconstructed with an expanded footprint is reasonable, is a better solution long-term, and is necessary to preserve the rights of the owner. The variance is supported by the vulnerable slope on the Property. 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 lake yard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7280 4 12.“The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The proposed wall repairs within the lake yard will preserve the integrity of the slope and there are no conforming locations for the retaining walls which would protect the slope. Preserving the existing wall is necessary for the protection of the slope and the lake. 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 78-1279 to allow construction of replacement retaining walls within the lake yard, 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 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A. 3.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4.Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (August 8, 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 8th day of August, 2022. ATTEST: CITY OF ORONO: _______________________________ Anna Carlson, City Clerk _______________________________ _ Aaron Printup, Acting Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7273 1 A RESOLUTION APPROVING AN EMERGENCY SLOPE REPAIR PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1726 WHEREAS, on June 9, 2022, Dennis Walsh (hereinafter the “Applicant”), pursuant to City Code 78-1726, applied for authorization to proceed with an emergency repair to the lake slope on his property addressed 1354 Rest Point Circle and legally described as: Lot 11, Subdivision of Lot 14 Rest Point Park, Lake Minnetonka and Lot 13 Subdivision of Rest Point Park, Lake Minnetonka, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant submitted documentation from a licensed professional engineer which indicates the failure of the current lake yard slope on the Property and the existing retaining walls is imminent; and WHEREAS, the Applicant has made a request to the City of Orono for an emergency slope repair pursuant to Orono Municipal Zoning Code Section 78-1726; and WHEREAS, on June 9, 2022, a corrective restoration plan was provided by the Applicant’s licensed professional engineer to correct and reinforce the existing failing retaining walls; and WHEREAS, the engineered plans proposed an expansion of the existing retaining wall footprint within the 75’ setback from the ordinary high water level (hereinafter the “OHWL”) of Lake Minnetonka where no walls are permitted and existing walls are failing; and WHEREAS, due to their proximity to the OHWL the new, reinforcement retaining walls will require a setback variance from City Code section 78-1279; and WHEREAS, on June 27, 2022, the City Council reviewed the request, the engineered plans, and the recommendations of the City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested emergency slope repair including new engineered retaining walls as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7273 2 FINDINGS OF FACT: 1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B Zoning District. 3. The Property contains 0.71 acres in area and has a defined lot width of 125 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. The Property contains existing timber walls within the lake yard 75-feet from the OHWL which have been determined to be under imminent threat of failure confirmed by a licensed professional engineer. 6. The Applicant has requested consideration for an emergency slope repair pursuant to City Code Section 78-1726. Engineered plans were provided which demonstrate the proposed corrective action. 7. Retaining walls are not permitted within 75-feet of the OHWL; installation of new walls require City Council approval of a lake setback variance. 8. In considering this application for emergency slope repair, the Council has considered the advice and recommendation of the City Staff and the effect of the proposed emergency slope repair 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. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants approval to proceed with an emergency slope repair pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the repair of the existing retaining walls including installation of new retaining walls according to the approved plan, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7273 3 2. The approved emergency slope repair shall conform to the submitted plans (hereinafter the “Plans”) submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the emergency slope repair which are not in conformity with City codes may require further Planning Commission and City Council review. 4. A building permit must be issued before work can commence on the emergency slope repair. 5. The Applicant shall apply for and receive an after-the-fact variance from City Code 78- 1279 prior to finalization of the building permit for installation of the walls. 6. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a variance and building permit for the Plans. A building permit must be applied for within 60 days of the date of Council approval, or the action will expire after August 26, 2022. 7. 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 27th day of June, 2022. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Aaron Printup, Acting Mayor Date Application Received: June 22, 2022 Date Application Considered as Complete: June 22, 2022 60-Day Review Period Expires: August 21, 2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Interim Community Development Director Date: July 18, 2022 Subject: #LA22-000038, Dennis Walsh, 1354 Rest Point Circle, Variance, Public Hearing Background The property has an existing timber retaining wall that is failing. Pursuant to City Code 78- 1726(6), an emergency slope repair request was approved at the City Council on June 27, 2022 to address the wall failure (Resolution 7273, Exhibit C). The applicant has proposed to construct a new retaining wall directly in front of the existing wall to create the required support for the existing slope. The repair creates a new footprint expansion within the 75’ lakeyard. The applicant’s engineer provided drawings and an analysis stating the slope failure is imminent without the proposed project. The applicant has applied for a building permit to construct the wall. The project is shown to cross over the property boundary onto 1366 Rest Point Circle. The owners of 1366 Rest Point Circle have provided an email of approval for the work to be completed within their property, Exhibit F. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the failing retaining wall and protection of the hill side as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the existing conditions of the retaining walls and the hillside are practical difficulties which support the variance request. The new retaining walls would support and protect the slope. Staff would recommend additional screening of the walls to preserve the natural vegetated view from the lake. LOT ANALYSIS WORKSHEET Section 78-1279 – Setbacks: The existing retaining walls are tiered down the slope to create stair access and support the hillside of the property. The bottom wall is located approximately 6 feet from the OHWL. The proposed retaining wall repair will be located one foot in front of the existing wall creating an estimated 5 foot setback from the lake. No retaining walls are permitted within the 75 foot Application Summary: The applicant is requesting a variance to construct a new retaining wall with minor footprint expansions within the lakeyard setback. Staff Recommendation: Planning Department Staff recommends approval. LA22-000038 July 18, 2022 Page 2 of 4 lakeshore setback. Section 78-1680 – Hardcover Calculations: Retaining walls are exempt from hardcover totals for the property. Retaining walls are excluded from the hardcover calculations. Applicable Regulations: Lake Setback Variance (Section 78-1279) Retaining walls are not permitted within 75’ of the lake, therefore the applicant is requesting a setback variance. The applicant’s plan involves adding a new timber wall directing abutting the existing wall to create the additional support required to preserve and protect the hillside. 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. Preserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls will help to maintain the integrity of the slope and protecting the slope from catastrophic failure. The proposal 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 owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls to protect against failure of the slope. The existing slope of the lake yard was not the result of actions by the owner; and c. The variance will not alter the essential character of the locality. There are existing retaining walls in the lake yard slope area. The variance to permit LA22-000038 July 18, 2022 Page 3 of 4 additional retaining wall structure within the 75-foot lake setback will help to maintain the existing slope and character of the area. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential improvements are permitted to support a residential use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The slope of the property combined with the pre-existing improvements are unique conditions affecting the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s slope instability combined with the existing improvements create conditions which do not apply to adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 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 lakeyard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The proposed wall repairs within the the lakeyard will preserve the integrity of the slope and there are no conforming locations for the retaining walls which would protect the slope. Preserving the existing wall is necessary for the protection of the slope and the lake. 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. Engineer Comments: a. This Application: The applicant has provided a letter from a licensed engineer, Ronald Vickery, with the assessment that a slope failure is imminent. Further the same engineer has provided a plan for stabilizing the slope using retaining wall in front of the failing existing walls and installing soil anchors. I believe the proposed fix does address the potential slope failure. In LA22-000038 July 18, 2022 Page 4 of 4 this particular instance the proposed emergency repair appears to also be the proposed permanent repair. Therefore my recommendation for council to authorize the emergency repair in a timely manner but is not a recommendation to forgo the normal requirements associated with improvements in the lakeyard / 75foot setback for the permanent structure which should still follow. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance (s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the requested variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Resolution 7273 Emergency Slope Repair Exhibit D. Proposed Site Plan And Engineered Drawing Exhibit E. Engineer Letter Exhibit F. Neighbor’s Permission for Work Exhibit G. Property Owners List and Map MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 18, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 3. LA22-000038 DENNIS WALSH, 1354 REST POINT CIRCLE, REQUESTS VARIANCE FOR LAKEYARD SETBACKS TO REPLACE FAILING RETAINING WALLS AND THE LAKE ACCESS STAIR SYSTEM. (STAFF: LAURA OAKDEN) Denny Walsh, Applicant, was present. City Planner Oakden gave a presentation on the item, noting the Applicant has requested a variance to construct a new retaining wall with a minor footprint expansion within the lakeyard setback. The property has an existing timber retaining wall which has been deemed as failing. Pursuant to City Code 78- 1726(6), an emergency slope repair request was approved at the City Council on June 27, 2022 as the Applicant and an engineer showed that failure of the wall was an imminent threat to the slope. The Applicant has proposed to construct a new retaining wall directly in front of the existing retaining wall which is one foot wide and directionally bore anchors through the existing wall to hold it in place. The existing wall will stay in place with a new wall built directly in front of it. The repair creates a new footprint expansion within the 75 foot lakeyard. The engineer provided drawings and an analysis stating a slope failure is imminent without this proposed project. The Applicant was issued a building permit on July 7 and the project is shown to cross the property boundary onto 1366 Rest Point Circle; the owners of 1366 Rest Point Circle provided an email stating approval for the work that crosses the property boundary. Staff finds the existing condition of the retaining wall, the hill, and the slope with imminent failure are practical difficulties which support this variance request. Staff would like to hear comment on screening of those walls to protect the natural vegetative view if possible. Denny Walsh, 1354 Rest Point Circle, noted the retaining wall is 6-7 feet tall and 12 feet wide that is 40- 50 year old timbers that are failing. The hill has shifted so the wall looks “pregnant” and they cannot take it down or the hill will fall down. Therefore they must build a wall in front of the wall infilled with sand, rock, and anchors to keep the hill intact. Chair McCutcheon opened the public hearing at 6:39 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 6:39 p.m. The Commissioners discussed the item. Libby noted he is not a structural engineer but is very familiar with this methodology of reinforcing walls. He has had clients with similar circumstances on Eagle Bluff and this method is very practical and minimizes the movement or potential encroachment into the lakeshore. He is in favor of this application. Kirchner is also in favor, noting one is allowed to maintain a wall that is existing an in place. He thinks it is incumbent for the Commissioners to note that 40 years later engineering and technology has evolved and changed and this is, in a way, maintenance of the wall that is there. He does not think it is egregious in any way. Chair McCutcheon agrees, with the wall bowing already it needs to be done and this seems to be a conservative approach. MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 18, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Ressler noted once the lakeshore is gone one cannot put it back. It is best to get ahead of it. He is in support of the application. Libby moved, Erickson seconded, to approve LA22-000038, 1354 Rest Point Circle Variance. VOTE: Ayes: 6, Nays 0. AGENDA ITEM Prepared By: Reviewed By: Approved By: 1. Purpose. The purpose of this action item is to gain council direction on the design and engineering of the Fox Street Project. 2. Background. At the April 11th, 2022 Council Work Session the Council provided direction for 2023 street projects. The streets being considered for 2023 are Fox Street (Brown to Orono Orchard) and Townline Road. Due to the complexities of the Fox Street Project the design effort was divided into two portions: preliminary design and final design. Preliminary design work is complete. Staff and Bolton and Menk will provide a briefing on the analysis of the roadway and options for its improvement. 3. Neighborhood Input. In November of 2021, the city received a petition from 11 of the Fox Street residents requesting the city consider a dedicated bike and pedestrian lane. Subsequently city staff received call from two residents expressing concern with pedestrian or bike modification to the right of way. In preparation for tonight’s meeting staff sent letters to all impacted residents inviting input. 4. Scope. The overall project scope is the repaving/reconstruction of Fox street between Brown and Orono Orchard. The preliminary design scope of work consisted of wetland delineations of abutting wetlands; development of scoping options and analysis of feasibility of inclusion of pedestrian facilities. 5. Summary of Analysis. Mr. Dave Martini, P.E., of Bolton and Menk, will provide a briefing on the analysis of the roadway and options for its improvement. a. Pavement Improvement. After analyzing the condition of the existing roadway and the environmental conditions around it, the team recommends a two part approach to address the pavement conditions and provide a durable product. The upland portion of the roadway are best addressed with a mill and overlay. The wetland portion of the road way should be reconstructed with a portion of the subgrade replaced with light weight fill. The profile of the road will be raised 4-6 inches throughout this section to reduce the changes of overtopping during heavy precipitation events. The total cost of this work is estimated to be $1,098,987. b. Bike/Pedestrian Facilities. The key challenge with widening the usable area of the right of way to accommodate bike and pedestrian infrastructure is the wetland area. In order to accommodate a standard 8ft wide multimodal trail would necessitate the construction of a boardwalk. Construction of a 1000ft board walk could cost on the order of $1M+. These seemed impractical so the team looked at the impacts and cost of a modest widening by addition of 4 feet of shoulder. This could be implemented as 2 feet on each side or all 4 feet on one side. This would not allow the construction of any standard pedestrian of bike infrastructure but might provide a narrow refuge when there is traffic in both lanes of the roadway. The cost estimate to widen the roadway by 4 feet is $675,000. 6. Funding. The engineering as well as the eventual pavement project will be funded with a combination of the Pavement Management and Stormwater Funds. A funding source for a Bike/ Pedestrian project has not been identified. Options might include voluntary assessment or donations. The remainder of the 2023 pavement fund is earmarked for the Townline road reconstruction; the Parks Fun has insufficient funds and this is not on the Parks CIP; and the Community investment fund will be used for the Navarre Parking lot and Wayzata Blvd improvements. Item No.: 19 Date: September 12, 2022 Item Description: Fox Street Preliminary Planning and Engineering Presentation (Project #23-001) Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: City Engineer Fund CIP Cost Estimate Preliminary Design Estimate Est. 2022 End of Year Fund Balance Pavement Fund $ 1,003,800 $1,098,987 $ 61,630 Stormwater Fund $ 150,570 $ 1,579,927 UKN NA $675,000 NA Total $1,154,370 $1,773,987 7. Timeline. The following is a preliminary timeline for the project. 8. Staff Recommendation. a. Pavement Improvement. I recommend we proceed with design of the roadway utilizing a combination of techniques as presented in the analysis. b. Bike/Pedestrian Facilities. I do not recommend adding bike and pedestrian facilities to the project unless a funding source can be identified. COUNCIL ACTION REQUESTED: Provide direction to the City Engineer to move forward with planning for the Fox Street project. Exhibits A. Briefing Slides. When Activity June-September 2022 Preliminary Design September 12, 2022 Preliminary Design Review and Council Direction October-January 2023 Final Design and Bid Packet Prep February 2023 Bid Solicitation March 2023 Award June-October 2023 Construction Window June-July 2024 Punch list and Project close out. Bolton-Menk.com Fox Street Improvements City of Orono September 12, 2022 Bolton-Menk.com Fox Street – Brown Rd to Orono Orchard Rd Bolton-Menk.com Existing Condition •Bituminous surface (4” to 18”) •Cracking •Settlement •Unstable base •Narrow shoulders •Wetlands •Occasional road flooding Bolton-Menk.com Cracking Bolton-Menk.com Settling Bolton-Menk.com Unstable Base Bolton-Menk.com Narrow Shoulders Bolton-Menk.com Wetlands Bolton-Menk.com Options •Mill and overlay •Mill and overlay with partial reconstruction of low area •Widening Bolton-Menk.com Mill and Overlay •3-inch mill and 3-inch overlay in upland areas •6-inch mill and 3-Inch overlay in wetland areas •Widening to the extent possible given existing conditions •$463,750 •Option extends the life of the pavement and is less expensive than the partial reconstruction option •Option does not provide a long-term solution for the low area or address flooding issues Bolton-Menk.com M&O w/ Partial Reconstruction •3-inch mill and 3-inch overlay •Reconstruction of approximately 1100’ with lightweight fill (awaiting Geotechinical recommendation for lightweight fill depth) •Potential to raise the road 4”-6” pending watershed approval •Widening to the extent possible given existing conditions •$1,098,987 •Option provides longer-term solution for the low area and has the potential to mitigate flooding issues Bolton-Menk.com Widening •Widen road by 4-feet •Wetland impacts •Additional lightweight fill •Retaining walls •Additional cost of $675,000 (includes estimated cost of wetland banking credits) Bolton-Menk.com Striping •Recommended to stripe the road with 11’ lanes for traffic calming purposes •Continuation of centerline concept to the west •Provides some delineation for pedestrian traffic Bolton-Menk.com Recommendations •Mill and overlay with partial reconstruction •Widening where existing conditions allow •Raise low area 4” to 6” •This option provides a longer-term solution to the low unstable area •Reduces risk of road flooding •Provides additional space for pedestrian traffic where practical without wetland impacts Bolton-Menk.com Bolton-Menk.com Questions / Discussion Resident Input About Fox Street Received: From: Eric Dayton [mailto:ejdayton@gmail.com] Sent: Sunday, September 11, 2022 11:38 AM To: Adam Edwards <aedwards@ci.orono.mn.us> Subject: Re: Fox Street traffic Adam, I'm writing to let you know that unfortunately I tested positive for COVID on Friday and so will be unable to attend the City Council meeting tomorrow evening. Would it be possible to delay the Fox Street agenda item until the next meeting? I would be grateful for the opportunity to advocate for the proposal before a decision is made. Thank you for your consideration and continued support. best, Eric From: Mike Olson [mailto:mikeolson2@yahoo.com] Sent: Monday, September 12, 2022 8:35 AM To: Adam Edwards <aedwards@ci.orono.mn.us> Cc: jenolsonlaw@yahoo.com Subject: Fox St Pavement Project -- Pedestrian & Bicycle Space Adam, we are residents of Orono on Fox Street (1860 Fox St -- permanent residents since 2013) and have the following input regarding the potential inclusion of pedestrian and bicycle space when the pavement is redone: • We believe Fox Street is too narrow for general vehicle traffic. We have often seen vehicles in the ditch near our house due to inability to properly navigate around other vehicles, particularly during the winter months. • We are in favor of the inclusion of pedestrian and bicycle space given the current danger to those that do use Fox Street for such purposes. It is hazardous to both the pedestrians/cyclists and vehicle traffic to maneuver through potential oncoming traffic and safely pass non-vehicle users. • The inclusion of pedestrian and bicycle space would allow area residents to more easily & safely access the Dakota trail. For these reasons, we are in favor of including pedestrian and bicycle space on Fox Street. Thank you for allowing us to provide input on this project. -Mike & Jen Olson 612.770.7377 From: Joan Migliori [mailto:jmigliori@usinternet.com] Sent: Friday, September 9, 2022 10:47 AM To: Adam Edwards <aedwards@ci.orono.mn.us> Subject: Fwd: Fox Street bike / pedestrian lane Adam, On behalf of Fox Street residents, thank you for the opportunity to express specific concerns with respect to widening Fox Street to allow for a pedestrian / bike lane. Environmental Impact: Fox Street is maintained in it’s current state to be minimally impactful to the environs, allowing water to drain from the upper portion of the subwatershed to a large wetland complex along the marshes of Fox Street through to Lake Minnetonka. Altering the hard surface on Fox Street would likely cause drainage damage and degradation, limiting the effectiveness of current drainage pathways flowing from other subwatersheds north of Fox street and beyond. Safety Impact: Fox Street is a country road with many hills and valleys with blind driveway access and egress. Installing a bike / pedestrian path would increase safety risks to bikers, pedestrians and drivers due to the road topography. The natural flooding that occurs in spring would be an additional safety and maintenance factor to consider. In summary, the concerns outlined here ought to be considered with consultation from the Minnehaha Creek Watershed District (MCWD) for potential precedent setting alterations to Fox Street. The MCWD would need to consider engineering assessments and any potential policy changes to accommodate similar future requests. Thank you for your service to the City of Orono and will look forward to the September 12th meeting. Sincerely, Joan Migliori AGENDA ITEM 1. Purpose. The meeting will be closed as permitted by section 13D.03 to discuss the City’s labor negotiation strategy related to the City’s negotiations with LELS Local 168, Police Sergeants, LELS Local No. 40, Patrol Officers, IUOE Local No. 49 AFL-CIO, and OPEIU Local No. 12 AFL-CIO. Item No.: 20 Date: September 12, 2022 Item Description: Closed Session Presenter: Adam Edwards, City Administrator/Engineer Agenda Section: Closed Session