HomeMy WebLinkAbout11-28-2022 Council PacketAgenda
Council Meeting
Monday, November 28, 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 November 14, 2022
2. Claims/Bills
3. Approval of Collective Bargaining Agreement with LELS Local 40
4. Approval of Collective Bargaining Agreement with LELS Local 168
5. Approval of Collective Bargaining Agreement with OPEIU Local 12
6. Approval of Collective Bargaining Agreement with Local 49
7. Position Review and Rescoring
8. Approval of Annual Recording Service Agreement with Timesaver Off Site Secretarial for Meeting
Minutes
9. Approval of Proposed Council Liaison to Planning Commission in 2023
10. Approval of Proposed 2023 Official Meetings Calendar
11. Approval of Designated Polling Places for 2023
12. Approval of 2023 Annual Liquor Licenses
13. Approval of Fireworks Display Permit – Tree Lighting Event at Orono Public Golf Course –
Resolution No. 7316
14. Approval of Donations and Approval of Expenditures for the Annual Tree Lighting Event
15. Approval to Dispose of a Firearm
16. LA22-000052 – Denali Custom Homes, 1780 Shadywood Road, Variances – Resolution No. 7313
17. LA22-000061 – William & Kathleen Wanner - 1095 Ferndale Road West – 2nd Extension of
Resolution No. 7150 – Resolution No. 7314
18. Hennepin County Fiber Connection
Finance Report
Community Development Report
19. 2815 Casco Point Road, Valdes o/b/o Lisa Thostensen, Emergency Slope Repair – Resolution No.
7315
City Attorney Report
City Administrator/Engineer Report
Public Comments – (Limit 3 Minutes per Person)
Agenda
Council Meeting
Monday, November 28, 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
This is an opportunity for the public to address the City Council. The council will not engage in
discussion or take action on items presented at this time. However, the council may refer issues to staff
for follow up or consideration at a future meeting. Speakers should state their name and home address at
the podium before speaking.
Mayor/Council Report
Adjournment
Upcoming Events
2022
12-12-2022 City Council Meeting w/ Truth in Taxation, Monday, 6:00 p.m.
12-23-2022 Official Holiday, City Offices Closed
12-26-2022 Official Holiday, City Offices Closed
MINUTES OF THE
ORONO CITY COUNCIL MEETING
NOVEMBER 14, 2022
6:00 o’clock p.m.
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Page 1 of 7
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, Parks and Golf Course Superintendent Josh Lemons, Finance Director Ron Olson, City Planner
Melanie Curtis, City Clerk Anna Carlson, and Community Development Director Laura Oakden.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF OCTOBER 24, 2022
2. COUNCIL WORK SESSION MINUTES OF OCTOBER 24, 2022
3. CLAIMS/BILLS
4. APPROVAL OF RENTAL LICENSE
5. APPROVAL OF LAWFUL ONE-DAY GAMBLING LICENSE – RESOLUTION NO. 7307
6. APPROVAL TO ACCEPT DONATION – RESOLUTION NO. 7308
7. APPROVAL TO HIRE FULL TIME PARKS MAINTENANCE WORKER
8. LA22-000001 - TIM & LESLIE OARE AT 2967 CASCO POINT ROAD AND JOHN &
MICHELE ABBOTT AT 2941 CASCO POINT ROAD, VARIANCES - RESOLUTION
NO. 7309
9. LA22-000041 – ESKUCHE DESIGN O/B/O WATERTOWER LLC, 2987 & 3005 CASCO
POINT ROAD AND PID 20-117-23-34-0027, EASEMENT VACATION – RESOLUTION
7310
10. LA22-000042 – SHAWN WISCHMEIER, 540 BIG ISLAND, CUP FOR PERMANENT
DOCK – RESOLUTION NO. 7311
11. CERTIFY RESULTS OF THE NOVEMBER 8, 2022, MUNICIPAL ELECTION –
RESOLUTION NO. 7312
Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays
0.
PRESENTATION
12. PRESENT CITIZEN AWARD TO GARY MARQUARDT
Mayor Walsh presented Mr. Marquardt with the award, thanking him for his service over the years.
PARKS REPORT
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13. APPROVAL OF SUMMIT BEACH MASTER PLAN
Parks and Golf Course Superintendent Lemons shared about the Summit Beach Master Plan, noting a
Steering Committee worked with Bolton and Menk to host surveys and open houses to gather feedback
and develop the proposed plan. Improvements include ice skating on the pond, a swim platform, paving
the parking lot, and building a restroom. The plan was well-received by most of the public. The plan was
recommended for approval by the Planning Commission with a 6-0 vote.
Seals moved, Crosby seconded, to approve the Summit Beach Master Plan. VOTE: Ayes 5, Nays 0.
Lemons updated the City Council regarding the Golf Course noting this was the third year of a drought,
and the golf course closed last week with a 91% increase in season pass rounds, a 70% increase in junior
rounds, and overall a 600 round increase from the previous year. Regarding Parks, he updated the Council
on the Crystal Bay playground, repairs to the Big Island restroom/toilet, and shared the department is in
winter transition at the parks. He spoke about the upcoming Tree Lighting Event and invited the
community to come.
COMMUNITY DEVELOPMENT REPORT
14. LA22-000052 – DENALI CUSTOM HOMES, 1780 SHADYWOOD ROAD, REQUESTS
HARDCOVER, REAR YARD SETBACK, AND DRIVEWAY SETBACK VARIANCES IN
ORDER TO CONSTRUCT AN ADDITION TO THE HOME
Staff gave a summary presentation of information. City Planner Curtis stated the Applicant is
proposing to remove the existing non-conforming detached garage which is situated on the rear
property line and construct an attached two-story garage addition with living space above 18.3
feet from the rear property line where a 30-foot setback is required. The property currently has
32.7% (3,991 square feet) hardcover. The Applicant is proposing an 84 square foot reduction
resulting in 32.01% hardcover. Variances for rear setback and hardcover are requested. The
Applicant provided an updated narrative and practical difficulty analysis tonight which she
placed at the Councilmembers’ seats. The Planning Commission discussed the fact that the
project would remove the encroaching detached garage and parking area in the right-of-way in
support of the application. They also identified concerns with the size of the addition requested
and the resulting setback encroachments and hardcover level. Following the public hearing, the
Planning Commission voted 5 to 1 on a motion to approve the requested variances. Staff
recommends the Applicant redesign the plan to reduce the addition footprint, the hardcover, or
both. A hardcover variance may still be required, however the resulting footprint and hardcover
level will be much more appropriately scaled for the property and the area. Staff recommends
denial as submitted.
Chad Mayes, Denali Custom Homes, and Erin and Jon Wessling, Applicant, approached the
podium. Mr. Mayes shared about a letter, noting the current property has several issues including
MINUTES OF THE
ORONO CITY COUNCIL MEETING
NOVEMBER 14, 2022
6:00 o’clock p.m.
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the current garage which extends outside the rear setback and into the County Road 51 right-of-
way, and a current parking area that is also in the right-of-way. The goal of the project is to
improve those situations by removing the parking area, removing the existing detached garage,
and proposing an attached garage. The hardcover and sideyard setback are improving, and a
parking turnaround pad allows the Applicants to exit the property with their cars forward rather
than backing out on to County Road 51.
Ms. Wessling noted the safety issues are real, her son parks on the gravel area and they are trying
to build a functional and safe family residence that conforms to the neighborhood. They are very
near the street and she worries about not being able to exit the driveway facing forward. Ms.
Wessling spoke about near-misses, pedestrians, bicyclists, motorists, and that the property is on a
curve making it hard to see when backing out. With the three car garage, they can utilize the
turnaround as intended rather than using it as parking. She noted they are moving it back from
the street, improving on all aspects, the property and Shadywood are unique, and it is within the
character of the neighborhood. She spoke about a nearby property that has a three car garage and
setback that was approved five years ago.
Mayor Walsh noted the City Council has considered Shadywood regarding turnarounds because
it is a main artery.
Johnson noted cleaning up those non-conformities is a trade-off to him in this case.
Mayor Walsh clarified they are also reducing hardcover.
Johnson moved, Crosby seconded, to approve LA22-000052, 1780 Shadywood Road, Hardcover,
Rear Yard Setback, and Driveway Setback Variances in order to construct an addition to the home.
VOTE: Ayes 5, Nays 0.
15. LA22-000023 – CITY OF ORONO TEXT AMENDMENT RELATED TO ACCESSORY
DWELLING UNITS – ORDINANCE NO. 279, THIRD SERIES
Community Development Director Oakden gave a presentation, noting they are proposing a zoning Code
text amendment that will add Accessory Dwelling Units (ADUs) as a permitted accessory use in all
residential zoning districts. The goal of the ordinance is to permit alternative housing types to support
multi-generational housing options within the City of Orono. The Planning Commission held a public
hearing, made no language changes, and voted 6-0 in favor of the proposed amendment. Staff
recommends approval.
Alisa Benson, 1220 Lyman Avenue, is undecided about pros and cons of ADUs. A number of issues have
gone unaddressed, she does not feel there has been enough citizen engagement, this is a huge change to
current Ordinance, and she has not seen it advertised much on the website, Facebook, or via newsletter
mailing. The Code Review Committee identified the need for multi-generational housing and she is
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curious to know more about that. She noted Staff is using language from cities such as Plymouth, Saint
Louis Park, and Wayzata as guidance for the City of Orono. She feels those cities do not compare in
terms of density and character. ADUs are national trends and this is a very popular model in California
where affordable housing is hard to come by. Ms. Benson asked how it will affect density in the City,
noting she received many questions while campaigning about Met Council requirements. She asked how
these ADUs would impact the rural character, affect landscape, sightlines, hardcover, sunlight, and she
asked what the height requirements are. She spoke about a letter from people on Casco regarding the one-
acre limit. Ms. Benson asked how the non-renting clause would be enforced. She thinks it is potentially
prudent to table it until more research has been done.
Penny Saiki, 2874 Casco Point Road, agrees with Ms. Benson on many points. She added there is no
definition of an accessory building, and asked if the people living there always have to be family
members. She spoke about variances and thinks the City Council will be seeing variances all over the
place as this is not just a simple issue. She noted there is no control over a caretaker, healthcare worker,
childcare provider, and in compensating them that is a rent exchange. She noted within the City it is
variance after variance after variance and things are moving away from strict interpretation of the
Ordinance. She noted there is not enough definition to the text amendment.
Kim Carswell, 261 Cygnet Place, read a note from a neighbor at 190 Cygnet Place that could not attend,
written in opposition of the text amendment. Ms. Carswell asked what prompted the City Council to
allow this rather than have people come to them with exceptions and variances.
Johnson replied there is nothing in the Code right now, so one cannot ask for an ADU if it is not there.
Attorney Mattick clarified that the City Council is empowered to provide variances for performance
standards but if the use is not explicitly listed they cannot provide a variance.
Mayor Walsh clarified the City Council has tried to reduce variances by amending the Code and giving
Staff some flexibility in getting things done without coming to the Council. He does not think this is a
huge change but does allow some flexibility.
The City Council discussed the item, clarified floor area requirements, and spoke the flexibility it would
allow Staff.
Johnson moved, Printup seconded, to approve LA-000023, City of Orono Text Amendment related
to Accessory Dwelling Units. VOTE: Ayes 5, Nays 0.
FINANCE DIRECTOR REPORT
16. THIRD QUARTER FINANCIAL REPORT
Finance Director Olson gave a presentation noting the report is unadjusted and the numbers are through
September. He stated revenue is at 71.21% of revenues for the year, and the City will be over revenue for
the year. He shared about revenue numbers including property taxes, licenses and permits, other
governmental revenue, and the golf course. Olson noted they are at 107% of budget for building permits
MINUTES OF THE
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through October. Regarding expenditures they are in good shape, and he noted on paper the finance
department is over budget and public works is under budget due to the utility person being budgeted in
public works which will now budget out of finance. The fire department will be over budget this year due
to an overage from 2021 that was paid in 2022 and was not budgeted. Olson showed a slide on water and
sewer and stated through September the enterprise funds are looking good.
The Commissioners discussed the water rates, infrastructure, drought, and fixing underground pipes that
have leaks when homes go up for sale within the City.
Mayor Walsh noted there have been sewer failures in neighborhoods and the City has it in the budget
when these things happen to go in and fix it right away.
Olson continued his presentation noting at the end of the year sewer will probably have about $150,000 in
profit which will go into the Capital Improvement Plan to pay for infrastructure improvements. He noted
Met Council charges are a major driver in the City’s sewer rates and clarified when the sewer leaves
Orono it goes into Met Council’s pipes and is processed. He spoke about stormwater, employee health
insurance, road projects, and engineering expenditures.
CITY ATTORNEY REPORT
Attorney Mattick had nothing to report.
CITY ADMINISTRATOR/ENGINEER REPORT
17. APPOINTMENT OF FIRE CHIEF
Edwards noted in October the City Council established the Fire Chief position and established a selection
committee who advertised for the position, reviewed applications, and conducted interviews. The
committee recommends that James Van Eyll be hired as the Fire Chief in Orono. One key noted is an
employment agreement attached to the City Council action. Because Mr. Van Eyll has been the Fire Chief
for the City of Long Lake Fire Department, which has been Orono’s Fire Department, the employment
agreement treats him as if he has been an Orono employee for 15 years regarding things like benefits.
Seals shared that Staff pulled together some amazing candidates of well-qualified Applicants. Regarding
rhetoric out there about the City of Orono “stealing” a Chief, this was Chief Van Eyll’s decision to apply,
and when the fire fighters found out he was applying they were ecstatic. Chief Van Eyll has the right skill
set, the right qualifications, and he knows the City of Orono.
Crosby worked under Chief Van Eyll for 8-9 years, and stated the interview process was terrific with
great candidates. In talking about continuity, keeping everyone together, and keeping the fire fighters
together, that is what the City has done by hiring Chief Van Eyll because he is the leader. Crosby is proud
and happy that he will be the City’s first Fire Chief.
Crosby moved, Seals seconded, appoint James Van Eyll as Fire Chief with a start date of December
30, 2022 and approval of the employee agreement at Exhibit A. VOTE: Ayes 5, Nays 0.
MINUTES OF THE
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6:00 o’clock p.m.
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PUBLIC COMMENTS
Brad Erickson, 2485 Independence Road, had some interesting conversations after the last meeting and
thinks it is important for the Council to know that two of them were with the FBI and one was a
gentleman instrumental in getting the City on the front page of the Star Tribune. Mr. Erickson noted it is
important to revisit history from April and they were interested in the videos of Mr. Crosby at the
governor’s mansion, as well. He is waiting to hear back on what will happen with those. He showed a
video on his laptop. When the video was finished, Mr. Erickson stated that was “what you sent me that
got me on the cover of the Star Tribune, and I’m the crazy one, isn’t that correct? I’m the one that needs a
straightjacket.” Mr. Erickson said he is furious and asked if they understand what that means. They know
who he is now and he knows they have been talking about it and many other people think it is a big deal
and are very interested in this. He has a lot of questions, none are being asked, and none are being
answered.
MAYOR/COUNCIL REPORT
Johnson thanked the public for their continued support with the recent election. He suggested hosting a
debate for the candidates before in-person voting starts. He saw a lot of misinformation and it is hard to
combat that face-to-face with people and a debate would allow candidates to ask questions and answer
one another.
Attorney Mattick will look into it. He stated the debates he has seen are usually set up by various
organizations. He does not immediately see an issue with the City supporting it as long as there is equal
access.
Seals clarified that the Big Island bathrooms are closed but Big Island is not closed. The fencing out there
is to keep people from driving or snowmobiling on the island as people have done in the past. She
thanked City Clerk Anna Carlson and the Staff for all their work on the election.
Printup congratulated Johnson and Alisa Benson, and noted he is also thankful to City Staff. He shared
that December 3, 2022 is the Tree Lighting Event. Printup is also thankful for the Chief and fire fighters.
Crosby congratulated Johnson and Alisa Benson, and thanked Eddy Rice for his participation, fighting a
hard race, and doing a great job. Crosby shared his oldest daughter got married over the weekend and
everything was wonderful. He noted the City received a lot of positive feedback on the Staff during the
election, and he noted what the Park Commission has been doing with the parks has been incredible and
he appreciates them putting their time forward to help the City and they do a great job.
Mayor Walsh agreed with Crosby and congratulated Johnson and Alisa Benson. He noted an issue in the
Crystal Bay neighborhood and he spent time with the Hennepin County Rail Authority lawyer going
door-to-door and the impact of the people who live there. Mayor Walsh is trying to work with the Rail
Authority on something reasonable and safe for citizens.
ADJOURNMENT
Printup moved, Crosby seconded, to adjourn the meeting at 8:04 p.m. VOTE: Ayes 5, Nays 0.
MINUTES OF THE
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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
120025 to 120091 and ACH transaction 20130310 to 201311 totaling $241,888.82.
3.Noteworthy Payments.
Vendor Amount Description of Payment
#120036 Campbell Knutson $13,403.84 Legal Fees for October 2022.
#120047 Ehlers & Associates $2,210.00 2021 TIF Reporting.
#120076 Schneider Excavating $44,700.00 Tamarack Culvert Replacement Project.
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: November 28, 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: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
MN RURAL WATER ASSOCIATI 11/15/2022 119992 103122 602-49450-437 TRAINING- CLARK/MAURER/MIELKE/THEISEN Sewer 600.00-
MN RURAL WATER ASSOCIATI 11/15/2022 119992 2022.10 601-49400-437 WATER AND SEWER OPERATOR TRAINING Water 300.00-
MN RURAL WATER ASSOCIATI 11/15/2022 119992 2022.10 602-49450-437 WATER AND SEWER OPERATOR TRAINING Sewer 300.00-
Total 119992:1,200.00-
MN RURAL WATER ASSOCIATI 11/15/2022 120025 103122 602-49450-437 TRAINING- CLARK/MAURER/MIELKE/THEISEN Sewer 600.00
Total 120025:600.00
PLEAA 11/15/2022 120026 2022.11 GEH 101-42110-437 TRAINING - GEHLEN Police Department 40.00
PLEAA 11/15/2022 120026 2022.11 MC 101-42110-437 TRAINING - MCGREGOR Police Department 40.00
Total 120026:80.00
SUSIEQ HANSON 11/17/2022 120027 2022.11 101-45200-223 SANTA SLEIGH FOR TREE LIGHTING 2022 Parks 395.00
Total 120027:395.00
City of Wayzata\DMV 11/17/2022 120028 2011.11 #271 101-42110-441 PD LIC REGISTRATION #271 Police Department 27.00
City of Wayzata\DMV 11/17/2022 120028 2022.11 #270 101-42110-441 PD REGISTRATION #270 Police Department 27.00
Total 120028:54.00
AMAZON CAPITAL SERVICE 11/28/2022 120029 1CPX-GL37-101-43000-240 DIE GRINDER BITS Public Works Department 65.97-
AMAZON CAPITAL SERVICE 11/28/2022 120029 1GTL-WM6X 101-43000-240 SUPPORT STAND Public Works Department 92.61-
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 DOT TRIANGLE KIT Public Works Department 29.99
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-221 CHARGING CORDS IPADS Public Works Department 22.42
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-41900-404 BATHROOM MIRRIOR/TOILET PAPER HOLDER A Central Services 89.92
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 SS 1" BUMPER GUID LADDER TRUCK Public Works Department 232.34
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 UNIVERSAL TERMINAL REMOVAL TOOL KIT Public Works Department 31.75
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 ROCKER SWITCH UNIT 432 Public Works Department 17.98
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 4 GAUGE 25' CABLE UNIT 407 Public Works Department 38.99
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-240 FIRST AID KIT FOR TRUCKS Public Works Department 53.22
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 RAM MOUNT PHONE UNIT 407 Public Works Department 77.82
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-240 OUTTERBOX IPAD Public Works Department 59.00
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-651-49910-240 1" X 1" U JOINT Storm Water 48.26
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-240 HOIST SUPPORT STAND Public Works Department 129.99
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 REPLACMENT HANDLE FOR GRINDER Public Works Department 15.81
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 !000W POWER INVETER UNITS 407/610 Public Works Department 139.76
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 RECEIVER ADAPTOR 2.5" TO 2"UNIT 407 Public Works Department 29.90
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-240 2 GAUGE BATTERY CABLE Public Works Department 98.85
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-222 BACKRACK UNIT 407 Public Works Department 305.55
AMAZON CAPITAL SERVICE 11/28/2022 120029 1M9F-RJFN-101-43000-240 INDOOR THERMOMETER FOR SHOP Public Works Department 14.99
Total 120029:1,277.96
BIEKER, DAVID 11/28/2022 120030 2022.11 BIEK 999-10015 UB REFUND - 1729 FAGERNESS POINT RD 226.17
Total 120030:226.17
BOLTON & MENK INC.11/28/2022 120031 0300573 101-43280-304 LA22-000003 LONG BRIDGE Special Services 71.00
BOLTON & MENK INC.11/28/2022 120031 0300574 101-43280-304 LA20-000048 SHORELINE ESTATES Special Services 187.00
BOLTON & MENK INC.11/28/2022 120031 0300575 101-43280-304 LA21-000014&36 ORONO CROSSING Special Services 116.00
BOLTON & MENK INC.11/28/2022 120031 0300576 101-43280-304 LA21-000037 ORONO CREEK Special Services 1,069.00
BOLTON & MENK INC.11/28/2022 120031 0300577 101-43280-304 LA15-3723 LAKEVIEW Special Services 923.00
BOLTON & MENK INC.11/28/2022 120031 0300579 101-45200-304 22-033 LAKE ACCESS MARKING Parks 124.00
BOLTON & MENK INC.11/28/2022 120031 0300580 651-49910-304 22-029 SWPPP UPDATE Storm Water 948.00
BOLTON & MENK INC.11/28/2022 120031 0300581 651-16500 22-028 NORTH SHORE RAVINE STABILIZATION 1,719.00
BOLTON & MENK INC.11/28/2022 120031 0300582 602-16500 22-014 SANITARY SEWER REHABILITATION (CIP 621.00
BOLTON & MENK INC.11/28/2022 120031 0300583 435-48975-304 22-001 2022 STREETS PROJECT 1,292.00
BOLTON & MENK INC.11/28/2022 120031 0300585 435-48976-304 23-001 STREETS PROJECT 1,185.00
BOLTON & MENK INC.11/28/2022 120031 0300587 225-45200-319 22-055 SUMMIT BEACH MASTER PLAN 544.00
BOLTON & MENK INC.11/28/2022 120031 0301344 225-45200-304 22-059 GC PICKLEBALL AND ICE RINK STUDY 3,933.00
Total 120031:12,732.00
BOYER BUILDING CORPORATI 11/28/2022 120032 2022.11 BOY 101-22205 ESCROW REFUND - RPS19-72 1150 HOMESTEA 1,000.00
Total 120032:1,000.00
BRIAN CLARK 11/28/2022 120033 112122 101-43000-226 WINTER BIBS AND JACKET Public Works Department 319.98
Total 120033:319.98
BUSINESS ESSENTIALS 11/28/2022 120034 WO-1214026 101-41900-201 KITCHEN SUPPLIES, WALL CALENDAR Central Services 115.85
BUSINESS ESSENTIALS 11/28/2022 120034 WO-1214026 602-49450-201 WALL CALENDAR Sewer 779.48
Total 120034:895.33
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CAMPBELL KNUTSON 11/28/2022 120035 2717-0000G 101-41600-307 GENERAL MATTERS 10/22 Law/Legal Services 4,554.38
CAMPBELL KNUTSON 11/28/2022 120035 2717-0004G 101-42110-307 POLICE MATTERS 10/22 Police Department 268.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0004G 101-41600-307 CBA NEGOTIATIONS Law/Legal Services 259.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0201G 101-41600-307 MISC RECORDINGS 10/2022 Law/Legal Services 601.98
CAMPBELL KNUTSON 11/28/2022 120035 2717-0740G 101-41600-307 LITIGATION - MERA CLAIM Law/Legal Services 4,990.48
CAMPBELL KNUTSON 11/28/2022 120035 2717-0743G 101-43280-307 LA21-000030 (1509 LONG LAKE BLVD)Special Services 82.50
CAMPBELL KNUTSON 11/28/2022 120035 2717-0800G 101-42400-307 B&Z ASSISTANCE 10/22 Building & Zoning 493.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0801G 101-41600-307 COUNCIL MEETINGS 10/22 Law/Legal Services 1,173.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0802G 101-42400-307 B&Z ASSISTANCE 10/22 Building & Zoning 561.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0810G 101-43280-307 LA22-000041 (3005 CASCO POINT RD)Special Services 144.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0817G 101-43280-307 LA22-000046 (3345 FOX STREET)Special Services 84.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0818G 101-43280-307 LA22-000036 (2815 CASCO POINT RD)Special Services 55.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0819G 101-43280-307 LA22-000043 (2675 FOX ST)Special Services 55.00
CAMPBELL KNUTSON 11/28/2022 120035 2717-0820G 101-43280-307 LA22-000045 (1153 ELMWOOD AVE)Special Services 82.50
Total 120035:13,403.84
CARGILL SALT 11/28/2022 120036 2907687545 601-49400-216 NAVARRE WATER PLANT SALT Water 6,136.58
Total 120036:6,136.58
CCP INDUSTRIES INC.11/28/2022 120037 in03144813 101-43000-226 SAFETY TRAFIC VESTS Public Works Department 752.88
CCP INDUSTRIES INC.11/28/2022 120037 IN03144851 101-43000-226 TRAFFIC VESTS Public Works Department 117.02
Total 120037:869.90
CENTERPOINT ENERGY MAIN 11/28/2022 120038 2022.10 137 602-49450-381 GAS SERVICES 1377 VINE PL 09/21/22-10/24/22 Sewer 21.38
Total 120038:21.38
CENTRAL PENSION FUND SOU 11/28/2022 120039 CFP111722 101-21707 LOCAL UNION #49 10/31/22-11/13/22 880.00
Total 120039:880.00
Century Link 11/28/2022 120040 2022.11 WTP 601-49400-321 WTP PHONE/INTERNET 10/04/22-11/03/2022 Water 139.74
Total 120040:139.74
CenturyLink 11/28/2022 120041 616519858 614-49840-329 INTERNET 10/06/22-11/07/2022 LUMEN Cable Franchise 1,056.15
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 120041:1,056.15
CHUNKS LAKESHORE AUTO 11/28/2022 120042 0019176 101-42110-402 SQUAD MAINT #269 OIL/FILTER CHANGE 3-TIRE Police Department 198.33
CHUNKS LAKESHORE AUTO 11/28/2022 120042 0019188 101-42110-402 SQUAD MAINT #267 OIL/FILTER 2-TIRE ROTATIO Police Department 108.71
CHUNKS LAKESHORE AUTO 11/28/2022 120042 0019194 101-42110-402 SQUAD MAINT #260 OIL/FILTER CHANGE Police Department 58.29
CHUNKS LAKESHORE AUTO 11/28/2022 120042 0019203 101-42110-402 SQUAD MAINT #261 MOUNT/BALANCE 4 TIRES Police Department 128.19
Total 120042:493.52
CITY OF BLOOMINGTON 11/28/2022 120043 21501 601-49400-489 LAB FEES Water 33.00
Total 120043:33.00
CONTINENTAL RESEARCH CO 11/28/2022 120044 0039839 602-49450-227 DEODORANT BLOCKS FOR LS'S Sewer 319.00
Total 120044:319.00
DEPARTMENT OF LABOR & IND 11/28/2022 120045 ABR0291775 601-49400-489 AIR COMPRESSOR INSPECTION Water 30.00
DEPARTMENT OF LABOR & IND 11/28/2022 120045 ABR0291776 601-49400-489 AIR TANK INSPECTION Water 10.00
Total 120045:40.00
ECM PUBLISHERS INC 11/28/2022 120046 919014 101-42400-340 PH FOR B&Z Building & Zoning 59.60
Total 120046:59.60
EHLERS AND ASSOCIATES INC 11/28/2022 120047 92343 235-45690-319 2021 TIF REPORTING 2,210.00
Total 120047:2,210.00
FLANNERY CONSTRUCTION 11/28/2022 120048 2022.11 FLA 101-20808 REIMB SWP22-18 LONG LAKE CONNECTION FE 1,900.00
Total 120048:1,900.00
GENUINE PARTS COMPANY/NA 11/28/2022 120049 3270-547621 701-49800-215 BATTERIES AND RACK 1,728.48
GENUINE PARTS COMPANY/NA 11/28/2022 120049 3270-553575 701-49800-215 CREDIT 54.00-
GENUINE PARTS COMPANY/NA 11/28/2022 120049 3270-553590 701-49800-215 CREDIT 54.00-
GENUINE PARTS COMPANY/NA 11/28/2022 120049 3270-554402 701-49800-215 CREDIT FOR 3270-547621 1,728.48-
GENUINE PARTS COMPANY/NA 11/28/2022 120049 3270-554460 701-49800-215 UNIT 431 WIPER MOTER 156.23
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 120049:48.23
GOPHER ACE 11/28/2022 120050 11582/1 101-45200-223 SNOW SHOVELS Parks 287.96
GOPHER ACE 11/28/2022 120050 13472/1 101-45200-223 TARP FOR BI Parks 109.99
GOPHER ACE 11/28/2022 120050 13543 701-49800-215 J BOLTS FOR 407 TOOL BOX MOUNTING 7.96
GOPHER ACE 11/28/2022 120050 13565 701-49800-215 GASKET MATERIAL 12.72
GOPHER ACE 11/28/2022 120050 13579 101-43000-224 EXTENSION CORD Public Works Department 44.99
Total 120050:463.62
GPS INTERNATIONAL TECHNO 11/28/2022 120051 28891 101-42110-416 INV TRACKING Police Department 240.00
Total 120051:240.00
HAGEN LANDSCAPING 11/28/2022 120052 2022.11 HAG 101-22205 ESCROW REFUND - Z22-33 2648 CASCO POINT 1,000.00
Total 120052:1,000.00
HAWKINS INC 11/28/2022 120053 6336857 601-49400-216 CHLORINE TANKS Water 40.00
Total 120053:40.00
HENNEPIN COUNTY INFOR TE 11/28/2022 120054 1000194581 101-42110-414 RADIOS - COUNTY FEE Police Department 2,570.64
Total 120054:2,570.64
HH Fabrication & Repair, LLC 11/28/2022 120055 11704 101-43000-221 SNOW REMOVAL BUCKET FOR BOBCAT/TOOLC Public Works Department 1,570.00
Total 120055:1,570.00
KLATT, HANNA 11/28/2022 120056 2022.11 101-42110-319 COMPLIANCE CHECKS Police Department 40.00
Total 120056:40.00
LAW ENFORCEMENT LABOR S 11/28/2022 120057 LELSINVOIC 101-21707 LELS DUES - LOCAL 40 11/2022 1,268.24
LAW ENFORCEMENT LABOR S 11/28/2022 120057 LELSINVOIC 101-21707 LELS DUES - LOCAL 168 11/2022 325.00
Total 120057:1,593.24
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
LINDER, KIMBERLEE 11/28/2022 120058 2022-10 101-45200-223 TREE LIGHTING SUPPLIES REIMBURSEMENT Parks 61.83
Total 120058:61.83
LIVIT SITE & STRUCTURE 11/28/2022 120059 2022.11 LIVI 101-22205 ESCROW REFUND - Z21-38 3145 NORTH SHOR 1,000.00
LIVIT SITE & STRUCTURE 11/28/2022 120059 2022.11 LIVI 101-22205 ESCROW REFUND - RAS21-82 1000 OLD LONG 1,000.00
LIVIT SITE & STRUCTURE 11/28/2022 120059 2022.11 LIVI 101-22205 ESCROW REFUND - RAS21-71 3145 NORTH SH 1,000.00
Total 120059:3,000.00
LOGIS 11/28/2022 120060 52834 101-42110-310 POLICE RECORDS 8/22 Police Department 7,807.00
LOGIS 11/28/2022 120060 52834 710-49970-329 INTERNET 8/22 572.00
LOGIS 11/28/2022 120060 52834 710-49970-311 HOSTED BACKUPS 8/22 1,208.00
LOGIS 11/28/2022 120060 52834 710-49970-311 HOSTED SERVERS 8/22 1,332.00
LOGIS 11/28/2022 120060 52834 710-49970-311 HOSTED COMPLIANCE ARCHIVE 8/22 516.00
LOGIS 11/28/2022 120060 52834 710-49970-311 HOSTED WATCHGUARD 8/22 167.00
LOGIS 11/28/2022 120060 52924 405-48500-575 PALO ALTO FIREWALLS (2)9,284.40
LOGIS 11/28/2022 120060 52924 405-48500-575 SWITCHES 9,481.92
LOGIS 11/28/2022 120060 52924 710-49970-221 ENTRUST TOKENS 45.00
LOGIS 11/28/2022 120060 52924 710-49970-416 LIQUID FILES 6/23/22-6/23/23 199.00
LOGIS 11/28/2022 120060 52983 710-49970-401 NETWORK MAINT 10-2022 1,495.00
Total 120060:32,107.32
MAETZOLD HOMES INC 11/28/2022 120061 2022.11 MAE 101-22205 ESCROW REFUND - RAS22-07 2925 CASCO POI 1,000.00
Total 120061:1,000.00
MARK D WILLIAMS CUSTOM H 11/28/2022 120062 2022.11 MAR 101-22205 ESCROW REFUND - RPS21-112 1085 HERITAGE 10,000.00
Total 120062:10,000.00
MHSRC/Range 11/28/2022 120063 337900-9683 101-42110-437 PIT TRAINING - BENIEK Police Department 490.00
Total 120063:490.00
Modern Power Solutions LLC 11/28/2022 120064 10615019 602-49450-403 LS 21 GENERATOR REPAIRS Sewer 826.00
Total 120064:826.00
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
NAVARRE HARDWARE 11/28/2022 120065 339775 601-49400-405 TOILET REPAIRS Water 27.98
NAVARRE HARDWARE 11/28/2022 120065 339788 602-49450-489 SETCOM HEADSET REPAIR POSTAGE Sewer 14.59
NAVARRE HARDWARE 11/28/2022 120065 339861 601-49400-227 BLADES FOR KURF KUTTER #69880 Water 12.99
Total 120065:55.56
NCPERS GROUP LIFE INS.11/28/2022 120066 NCPERSNO 101-21710 PERA LIFE 12/2022 320.00
Total 120066:320.00
Newegg Business Inc 11/28/2022 120067 1304167913 101-42110-221 SQUAD CAR PRINTER Police Department 416.51
Total 120067:416.51
NORLINGS 11/28/2022 120068 40776 101-45200-404 NORLINGS CONTRACT -FALL Parks 1,700.00
Total 120068:1,700.00
OPD BUSINESS SOLUTIONS LL 11/28/2022 120069 2746497640 101-42110-201 OFFICE SUPPLIES Police Department 85.49
OPD BUSINESS SOLUTIONS LL 11/28/2022 120069 2746738900 101-42110-201 OFFICE SUPPLIES Police Department 21.99
OPD BUSINESS SOLUTIONS LL 11/28/2022 120069 2754940470 101-42110-201 OFFICE SUPPLIES Police Department 30.17
OPD BUSINESS SOLUTIONS LL 11/28/2022 120069 2754949540 101-42110-201 OFFICE SUPPLIES Police Department 87.38
Total 120069:225.03
OPEIU - LOCAL 12 11/28/2022 120070 OPEIUINVOI 101-21707 UNION DUES - LOCAL 12 11/2022 717.50
Total 120070:717.50
Perry's Truck Repair 11/28/2022 120071 54107 701-49800-215 PLOW PARTS 40.00
Total 120071:40.00
QUALITY FLOW SYSTEMS INC 11/28/2022 120072 43632 405-48500-580 SUMERSIBLE PUMP - LS AND BI 10,800.00
Total 120072:10,800.00
RYAN AUTO MALL 11/28/2022 120073 666891 101-42110-402 SQUAD MAINT 18 DODGE CHARGER - MTR RED Police Department 588.81
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 120073:588.81
Safety Vehicle Solutions 11/28/2022 120074 22064 651-49910-402 WARNING LIGHT REPAIRS UNIT 460 Storm Water 381.98
Total 120074:381.98
SALITERMAN, MARK 11/28/2022 120075 2022.11 SALI 101-22205 ESCROW REFUND - D20-18 1225 SHORELINE D 1,000.00
SALITERMAN, MARK 11/28/2022 120075 2022.11 SALI 101-22205 ESCROW REFUND - RAS21-05 1225 SHORELIN 1,000.00
Total 120075:2,000.00
Schneider Excavating and Gradin 11/28/2022 120076 SE2773 651-49910-592 CULVERT REPLACMENT ON TAMARACK TASK 6 Storm Water 44,700.00
Total 120076:44,700.00
SCOTT OBERAIGNER 11/28/2022 120077 11552022 BO 101-43000-226 REIMBURSEMENT FOR BOOTS Public Works Department 184.79
Total 120077:184.79
SNAP-ON TOOLS INC 11/28/2022 120078 11212214655 701-49800-240 SMALL HAND TOOLS 197.00
Total 120078:197.00
STREICHERS POLICE EQUIP 11/28/2022 120079 1599516 101-42110-226 SWAT GEAR - HENNESSY Police Department 102.98
STREICHERS POLICE EQUIP 11/28/2022 120079 1600141 101-42110-226 UNIFORMS - SZCZEPANIK Police Department 89.99
STREICHERS POLICE EQUIP 11/28/2022 120079 1600415 101-42110-226 SWAT GEAR - HENNESSY Police Department 343.97
STREICHERS POLICE EQUIP 11/28/2022 120079 1600416 101-42110-226 UNIFORMS - FOURNIER Police Department 37.00
Total 120079:573.94
SUN LIFE FINANCIAL 11/28/2022 120080 SUNSTDINV 101-21710 LIFE INSURANCE - 11-2022 961.90
SUN LIFE FINANCIAL 11/28/2022 120080 SUNSUPPLE 101-21710 LIFE INSURANCE - 11-2022 1,319.97
Total 120080:2,281.87
SZCZEPANIK, ALLISON 11/28/2022 120081 2022.11 101-42110-319 COMPLIANCE CHECKS Police Department 40.00
Total 120081:40.00
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
TALLEN AND BAERTSCHI 11/28/2022 120082 PROSECUTI 101-41600-306 PROSECUTION SERVICES-11/2022 Law/Legal Services 3,092.95
Total 120082:3,092.95
TOPO 11/28/2022 120083 2022.11 TOP 101-22205 ESCROW REFUND - RAS22-26 1775 FOX ST 1,000.00
Total 120083:1,000.00
U.S. AutoForce 11/28/2022 120084 7013433 101-42110-402 AUTE EXPENSE Police Department 613.60
Total 120084:613.60
UNIFIRST CORPORATION 11/28/2022 120085 090 0731715 701-49800-221 SHOP TOWELS - PW 6.96
UNIFIRST CORPORATION 11/28/2022 120085 090 0731715 101-43000-404 RUGS - PW Public Works Department 22.93
UNIFIRST CORPORATION 11/28/2022 120085 090 0731715 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.96
UNIFIRST CORPORATION 11/28/2022 120085 090 0731715 101-43000-226 UNIFORMS - PW Public Works Department 36.96
UNIFIRST CORPORATION 11/28/2022 120085 090 0731715 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.96
UNIFIRST CORPORATION 11/28/2022 120085 090 0731715 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.96
UNIFIRST CORPORATION 11/28/2022 120085 090 0731715 101-45200-226 UNIFORMS-PARKS Parks 36.96
Total 120085:214.69
VERIZON WIRELESS 11/28/2022 120086 9919894188 101-41900-321 VERIZON BILL 09/07/2022-10/06/2022 Central Services 216.26
VERIZON WIRELESS 11/28/2022 120086 9919894188 101-42110-321 VERIZON BILL 09/07/2022-10/06/2022 Police Department 1,745.79
VERIZON WIRELESS 11/28/2022 120086 9919894188 101-42400-321 VERIZON BILL 09/07/2022-10/06/2022 Building & Zoning 197.39
VERIZON WIRELESS 11/28/2022 120086 9919894188 101-43000-321 VERIZON BILL 09/07/2022-10/06/2022 Public Works Department 1,055.71
VERIZON WIRELESS 11/28/2022 120086 9919894188 101-43100-321 VERIZON BILL 09/07/2022-10/06/2022 Brush Site 75.02
VERIZON WIRELESS 11/28/2022 120086 9919894188 101-45200-321 VERIZON BILL 09/07/2022-10/06/2022 Parks 977.94
VERIZON WIRELESS 11/28/2022 120086 9919894188 101-45210-321 VERIZON BILL 09/07/2022-10/06/2022 Golf Course 115.04
VERIZON WIRELESS 11/28/2022 120086 9919894188 601-49400-321 VERIZON BILL 09/07/2022-10/06/2022 Water 121.23
VERIZON WIRELESS 11/28/2022 120086 9919894188 602-49450-321 VERIZON BILL 09/07/2022-10/06/2022 Sewer 110.03
Total 120086:4,614.41
VESSCO INC 11/28/2022 120087 089170 601-49400-227 HOSES FOR INJECTORS Water 455.40
Total 120087:455.40
WACONIA FORD SALES INC 11/28/2022 120088 5010910 405-48500-550 TOW RECIEVER SOCKET INSET UNIT 407 26.57
WACONIA FORD SALES INC 11/28/2022 120088 5011083 701-49800-215 WASHER FLUID PARTS 82.06
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 120088:108.63
WACONIA LANDSCAPING CO 11/28/2022 120089 2022.11 WA 101-22205 ESCROW REFUND - Z22-39 1119 LOMA LINDA A 1,000.00
Total 120089:1,000.00
WISCHMEIER, SHAWN & KELLY 11/28/2022 120090 2022.11 WIS 101-22205 ESCROW REFUND - LA22-42 540 BIG ISLAND 700.00
Total 120090:700.00
Wright-Hennepin Coop Electric 11/28/2022 120091 3503004521 101-43100-381 BRUSH SITE 10/01/22-11/01/22 Brush Site 35.88
Wright-Hennepin Coop Electric 11/28/2022 120091 3503004521 101-45210-381 GC SECURITY 12/31/2022 Golf Course 41.82
Wright-Hennepin Coop Electric 11/28/2022 120091 3503004521 101-43000-381 ELECTRICAL SERVICE 10/01-11/01 Public Works Department 251.74
Total 120091:329.44
INNOVO BENEFITS ADMINISTR 11/28/2022 201303 1233757 101-42110-135 HEALTH INS 12/22 - POLICE CONT MCNICHOLS Police Department 734.84
INNOVO BENEFITS ADMINISTR 11/28/2022 201303 1233757 101-15998 HEALTH INSURANCE 12/22 - COBRA NON EMPL 3,180.52
INNOVO BENEFITS ADMINISTR 11/28/2022 201303 1233757 101-21706 HEALTH INSURANCE 12/22 59,059.32
Total 20130310:62,974.68
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 101-34210 GENERAL SALES TAX 8/22 1.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 601-39610 WATER METER SALES 08/22 154.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 601-20806 WATER TAXABLE SALES 08/22 963.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 601-20806 BULK WATER SALES 8/22 10.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 101-37910 GOLF COURSE GREEN FEES 08/22 667.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 101-37920 RENTALS - SALES TAX 08/22 527.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 101-37930 BEER - SALES TAX 08/22 163.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 101-37940 CONCESSIONS - SALES TAX 8/22 52.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 101-37960 GOLF BALLS - SALES TAX 8/22 26.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 101-37970 PRO SHOP - SALES TAX 8/22 1.00
MN DEPT OF REVENUE-WIRE 11/28/2022 201303 2022.11 101-37980 CLOTHING - SALES TAX 8/22 4.00
Total 20130311:2,568.00
Grand Totals: 241,888.82
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 11/15/2022 - 11/28/2022 Nov 22, 2022 02:36PM
AGENDA ITEM
Prepared By: Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of the action item is to approve a collective bargaining agreement (CBA)
between the City and LELS, Local 40 for 2023-2025.
2. Background / Summary. Law Enforcement Labor Services (LELS), Local 40 represents the city’s
Patrol Officers. The current agreement expires at the end of 2022. The city staff and union official have
been negotiation since early spring to come to new agreement.
3. New Agreement Highlights. The complete agreement is at exhibit A.
a. Duration. Three years 2023-2025.
b. Wages. Establishes an expanded pay scale with 6 steps in 2023, 3% COLA in 2024 and 3%
COLA in 2025.
c. Longevity. Updates longevity pay rates for 10, 14 and 18 years of service.
d. Specialty Pay. Establishes specialty pay for SROs, Investigators, West Metro Task Force,
SWAT, Metro Field Force, Field training officers and specialty Trainers.
e. Holidays. Recognizes Juneteenth as a holiday.
4. Staff Recommendation. I recommend approval of the agreement.
COUNCIL ACTION REQUESTED
Motion to approve the Collective Bargaining Agreement with LELS Local 40 at Exhibit A.
Exhibits
A. Agreement between City Of Orono, MN and LELS, Local 40; effective January 1, 2023 through
December 31, 2025.
Item No.: 3 Date: November 28, 2022
Item Description: Approval of Collective Bargaining Agreement with LELS Local 40
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
Consent Agenda
223749v5
LABOR AGREEMENT
BETWEEN
THE CITY OF ORONO
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 40
PATROL OFFICERS
JANUARY 1, 2023 THROUGH DECEMBER 31, 2025
i
223749v5
TABLE OF CONTENTS
ARTICLE 1 PURPOSE OF AGREEMENT .................................................................. 1
ARTICLE 2 RECOGNITION ......................................................................................... 1
ARTICLE 3 DEFINITIONS ............................................................................................ 2
ARTICLE 4 EMPLOYER SECURITY .......................................................................... 2
ARTICLE 5 EMPLOYER AUTHORITY ...................................................................... 3
ARTICLE 6 UNION SECURITY.................................................................................... 3
ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ......................... 3
ARTICLE 8 SAVINGS CLAUSE.................................................................................... 7
ARTICLE 9 SENIORITY ................................................................................................ 7
ARTICLE 10 DISCIPLINE ............................................................................................... 8
ARTICLE 11 WORK SCHEDULES ................................................................................ 8
ARTICLE 12 OVERTIME ................................................................................................ 9
ARTICLE 13 COMPENSATORY TIME ........................................................................ 9
ARTICLE 14 CALL BACK TIME ................................................................................. 10
ARTICLE 15 COURT STANDBY TIME ...................................................................... 10
ARTICLE 16 UNIFORMS ............................................................................................... 11
ARTICLE 17 INJURY ON DUTY .................................................................................. 11
ARTICLE 18 WAGES ...................................................................................................... 11
ARTICLE 19 INSURANCE ............................................................................................. 12
ARTICLE 20 PART-TIME EMPLOYEE PAY AND BENEFITS .............................. 14
ARTICLE 21 VACATIONS............................................................................................. 14
ARTICLE 22 HOLIDAYS ............................................................................................... 14
ARTICLE 23 SICK LEAVE ............................................................................................ 15
ARTICLE 24 SEVERANCE PAY ................................................................................... 15
ARTICLE 25 POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT ..... 16
ARTICLE 26 POST LICENSE/TRAINING ................................................................. 16
ARTICLE 27 DAYLIGHT SAVINGS ............................................................................ 16
ARTICLE 28 EYEWEAR REPLACEMENT ................................................................ 16
ARTICLE 29 DURATION ............................................................................................... 17
1
223749v5
LABOR AGREEMENT
BETWEEN
THE CITY OF ORONO
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
ARTICLE 1 PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of _______________________, 20___, between the CITY
OF ORONO, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR
SERVICES INC., hereinafter called LELS.
It is the intent and purpose of this AGREEMENT to;
1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S
interpretation and/or application; and
1.2 Place in written form the parties' AGREEMENT upon terms and conditions of employment
for the duration of this AGREEMENT.
ARTICLE 2 RECOGNITION
2.1 The EMPLOYER recognizes LELS as the exclusive representative under Minnesota
Statutes Section 179A.03, Subdivision 7, for all police personnel in the following job
classification:
Police Officers
2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or exclusion
of a new or modified job class, the issue shall be submitted to the Bureau of Mediation
Services for determination.
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ARTICLE 3 DEFINITIONS
3.1 UNION: Law Enforcement Labor Services, Inc.
3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Inc.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The City of Orono Police Department.
3.5 EMPLOYER: The City of Orono.
3.6 CHIEF: The Chief of the City of Orono Police Department.
3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc.
3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess
of the employee's scheduled shift.
3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break.
3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee
remains on continual duty and is responsible for assigned duties.
3.11 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee
remains on continual duty and is responsible for assigned duties.
3.12 RESIGNATION: Resignation with two (2) weeks advance notice.
3.13 PART-TIME EMPLOYEE: An employee who works a regular schedule of fourteen (14)
or more hours per week, but less than thirty-five (35) hours per week. The determination
of the regular schedule will be made on a quarterly basis. If an employee works more than
182 hours in a quarter, the employee will be considered to be a part-time employee until
the next quarterly determination.
ARTICLE 4 EMPLOYER SECURITY
LELS agrees that during the life of this AGREEMENT that LELS will not cause, encourage,
participate in or support any strike, slowdown or other interruption of or interference with the
normal functions of the EMPLOYER.
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ARTICLE 5 EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set and amend
budgets; to determine the utilization of technology; to establish and modify the
organizational structure; to select, direct, and determine the number of personnel; to
establish work schedules, and to perform any inherent managerial function not specifically
limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically established or modified by this
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish, or eliminate.
ARTICLE 6 UNION SECURITY
6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly union dues. Such monies shall
be remitted as directed by LELS.
6.2 LELS may designate employees from the bargaining unit to act as a steward and an
alternate and shall inform the EMPLOYER in writing of such choice and changes in the
position of steward and/or alternate.
6.3 The EMPLOYER shall make space available on the employee bulletin board for posting
LELS notice(s) and announcements(s).
6.4 LELS agrees to indemnify and hold the EMPLOYER harmless against any and all claims,
suits, orders, or judgments brought or issued against the EMPLOYER as a result of any
action taken or not taken by the EMPLOYER under the provisions of this Article.
ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this AGREEMENT.
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7.2 UNION REPRESENTATIVES
The EMPLOYER will recognize REPRESENTATIVES designated by LELS as the
grievance representatives of the bargaining unit having the duties and responsibilities
established by this Article. LELS shall notify the EMPLOYER in writing of the names of
such UNION REPRESENTATIVES and of their successors when so designated as
provided by 6.2 of this AGREEMENT.
7.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by LELS and the EMPLOYER that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normal working hours only when
consistent with such employee duties and responsibilities. The aggrieved employee and a
UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss
in pay when a grievance is investigated and presented to the EMPLOYER during normal
work hours provided that the employee and the UNION REPRESENTATIVE have notified
and received the approval of the designated supervisor who has determined that such
absence is reasonable and would not be detrimental to the work programs of the
EMPLOYER.
7.4 PROCEDURE
Grievances, as defined by Section 7.1, shall be resolved in conformance with the following
procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of
this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation
has occurred, present such grievance to the employee's supervisor as designated by the
EMPLOYER. The EMPLOYER-designated representative will discuss and give an
answer to such Step l grievance within ten (10) calendar days after receipt. A grievance
not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the
nature of the grievance, the facts on which it is based, the provision or provisions of the
AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2
within ten (10) calendar days after the EMPLOYER-designated representative's final
answer in Step 1. Any grievance not appealed in writing to Step 2 by LELS within ten (10)
calendar days shall be considered waived.
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Step 2. If appealed, the written grievance shall be presented by LELS and discussed with
the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated
representative shall give LELS the EMPLOYER'S Step 2 answer in writing within ten (10)
calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2
may be appealed to Step 3 within ten (10) calendar days following the
EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed
in writing to Step 3 by LELS within ten (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by LELS and discussed with
the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated
representative shall give LELS the EMPLOYER'S answer in writing within ten (10)
calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3
may be appealed to Step 4 within ten (10) calendar days following the
EMPLOYER-designated representative's final answer in Step 3. Any grievance not
appealed in writing to Step 4 by LELS within ten (10) calendar days shall be considered
waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by LELS shall be
submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act of 1971, as amended. The selection of an arbitrator shall be made in
accordance with the "Rules Governing the Arbitration of Grievances" as established by the
Public Employment Relations Board.
7.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this AGREEMENT. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the
EMPLOYER and LELS, and shall have no authority to make a decision on any
other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, rules, or
regulations having the force and effect of law. The arbitrator's decision shall be
submitted in writing within thirty (30) days following close of the hearing or the
submission of briefs by the parties, whichever be later, unless the parties agree to
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an extension. The decision shall be binding on both the EMPLOYER and LELS
and shall be based solely on the arbitrator's interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and LELS provided that each party shall be responsible
for compensating its own representatives and witnesses. If either party desires a
verbatim record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim record of the
proceedings the cost shall be shared equally.
7.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived." If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the
EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal
thereof within the specified time limits, LELS may elect to treat the grievance as denied at
that step and immediately appeal the grievance to the next step. The time limit in each step
may be extended by mutual written agreement of the EMPLOYER and LELS in each step.
7.7 CHOICE OF REMEDY
If, as a result of the written EMPLOYER response in Step 3, the grievance remains
unresolved, and if the grievance involves the suspension, demotion, or discharge of an
employee who has completed the required probationary period, the grievance may be
appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's
Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article
VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article
VII. The aggrieved employee shall indicate in writing which procedure is to be
utilized--Step 4 of Article VII or another appeal procedure--and shall sign a statement to
the effect that the choice of any other hearing precludes the aggrieved employee from
making a subsequent appeal through Step 4 of Article VII. Except that with respect to
statutes under the jurisdiction of the United States Equal Employment Opportunity
Commission, an employee pursuing a statutory remedy is not precluded from also pursuing
an appeal under this grievance procedure.
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ARTICLE 8 SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City
of Orono. In the event any provision of this AGREEMENT shall be held to be contrary to law by
a court of competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provisions shall be voided. All other provisions of this
AGREEMENT shall continue in full force and effect. The voided provisions may be renegotiated
at the written request of either party.
ARTICLE 9 SENIORITY
9.1 Seniority shall be determined by the employee's length of continuous employment with the
Police Department and posted in an appropriate location. Seniority rosters may be
maintained by the Chief on the basis of time in grade and time within specific
classifications.
9.2 During the probationary period a newly hired or rehired employee may be discharged at
the sole discretion of the EMPLOYER. During the probationary period a promoted or
reassigned employee may be replaced in his previous position at the sole discretion of the
EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall
be recalled from layoff on the basis of seniority. An employee on layoff shall have an
opportunity to return to work within two years of the time of layoff before any new
employee is hired.
9.4 Senior employees will be given preference with regard to changes in job classification
through transfer, assignment or promotion when the job relevant qualifications of
employees are equal.
9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18)
months of continuous full-time employment.
9.6 One continuous vacation period shall be selected on the basis of seniority until March 15
of each calendar year.
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ARTICLE 10 DISCIPLINE
10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one
or more of the following forms:
a) oral reprimand;
b) written reprimand;
c) suspension;
d) demotion; or
e) discharge.
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are to become
part of an employee's personnel file shall be read and acknowledged by signature of the
employee. Employees will receive a copy of such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable times under the
direct supervision of the EMPLOYER.
10.5 Employees will not be questioned concerning an investigation of disciplinary action unless
the employee has been given an opportunity to have a UNION representative present at
such questioning.
10.6 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the
grievance procedure under ARTICLE VII.
ARTICLE 11 WORK SCHEDULES
11.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by
each employee through:
a) hours worked on assigned shifts;
b) holidays;
c) assigned training;
d) authorized leave time.
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11.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of
time of the assigned shifts.
11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the EMPLOYER may assign employees.
ARTICLE 12 OVERTIME
12.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular
base pay rate for hours worked in excess of the employee's regularly scheduled shift.
Changes of shifts do not qualify an employee for overtime under this Article.
12.2 Overtime will be distributed as equally as practicable.
12.3 Overtime refused by employees will for record purposes under Article 12.2 be considered
as unpaid overtime worked.
12.4 For the purpose of computing overtime compensation overtime hours worked shall not be
pyramided, compounded or paid twice for the same hours worked.
12.5 Overtime will be calculated to the nearest fifteen (15) minutes.
12.6 Employees have the obligation to work overtime or call backs if requested by the
EMPLOYER unless unusual circumstances prevent the employee from so working.
ARTICLE 13 COMPENSATORY TIME
13.1 As an alternative to payment of overtime compensation, the employee may receive one and
one-half (1 ½) hours of compensatory time for each hour worked for time worked as
follows:
a) All hours worked in excess of the employee’s regularly scheduled shift.
b) Recalls to fill in shifts, including but not limited to filling in shifts for vacation, sick
leave, holidays.
13.2 For other hours not covered in 13.1, the employee by mutual agreement may receive in lieu
of overtime payment in cash, one hour of compensatory time for each hour worked.
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13.3 The employee may accrue up to 48 hours in a compensatory bank to be used within the
compensatory policy of the City.
13.4 Prior to December 31st of each year, an employee must cash out all but 24 hours of
compensatory time and those remaining hours not cashed remain available for use in the
following year.
ARTICLE 14 CALL BACK TIME
An employee who is called to duty during his scheduled off-duty time shall receive a minimum of
three (3) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension
or early report to a regularly scheduled shift for duty does not qualify the employee for the three
(3) hour minimum.
ARTICLE 15 COURT TIME
15.1 An Employee who is required to appear in court during the Employee’s scheduled off-
duty time shall receive a minimum of three (3) hours pay at one and one-half(1.5) times the
Employee’s base pay rate. An extension or early report to a regularly scheduled shift for duty does
not qualify the Employee for the three (3) hour minimum.
15.2 Employees required by the Employer to standby for a potential court appearance shall be
paid a minimum of three (3) hours for such standby time at the rate of one hour pay for each hour
on standby. If an Employee on standby is required to report to court, standby time is then converted
to court time as provided in Section 15.1.
15.3 Employees who have been placed on standby and who are not notified of a court
cancellation prior to 5:00 p.m. on the day preceding the scheduled appearance will be paid for the
appearance in the same fashion as described in Section 15.2 of this agreement.
15.4 If the employee owes time to the City the standby may be subtracted from the balance owed
at the Employee’s discretion. If the employee does not owe the City time, the employee will
receive three (3) hours of pay at the regular rate. As an alternative, upon mutual agreement and if
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within the compensatory time accumulation maximum, the employee may receive three (3) hours
of compensatory time at the straight time rate.
ARTICLE 16 UNIFORMS
The EMPLOYER will provide all City-required uniform articles and equipment.
ARTICLE 17 INJURY ON DUTY
Employees injured during the performance of their duties for the EMPLOYER and thereby
rendered unable to work for the EMPLOYER will be paid the difference between the employee's
regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90)
working days per injury, not charged to the employee's vacation, sick leave, or other accumulated
leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per
injury. The three (3) day working day waiting period shall be charged to the employee's sick leave
account less Worker's Compensation insurance.
ARTICLE 18 WAGES
18.1 PLACEMENT INTO PAY SCHEDULE
The Employer has the discretion to place a new employee into the pay schedule at a step
other than the start step as the Employer deems appropriate.
18.2 2023 - 2025 WAGES
The following wage schedule shall be in effect for the period January 1, 2023 through December
31, 2025:
PATROL OFFICER 6 STEP
START STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
2023 $ 35.02 $ 37.08 $ 40.46 $ 41.88 $ 43.35 $ 44.65 $ 45.99
2024 $ 36.07 $ 38.19 $ 41.67 $ 43.14 $ 44.65 $ 45.99 $ 47.37
2025 $ 37.15 $ 39.34 $ 42.92 $ 44.43 $ 45.99 $ 47.37 $ 48.79
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18.3 LONGEVITY
LONGEVITY
Years of Service 10 14 18
% Added to Base
(Step 6) 3% 5% 7%
2023 $ 47.37 $ 48.29 $ 49.21
2024 $ 48.79 $ 49.74 $ 50.69
2025 $ 50.25 $ 51.23 $ 52.21
18.4 SPECIALTY INCENTIVES
Position Specialty Pay Condition
SRO $300 per month While assigned
Investigator $300 per month While assigned
WMTF $300 per month While assigned
SWAT 1.5 x base pay While at local training1
Metro Field Force 1.5 x base pay While at training
Field Training Officer
(Certified)
+1.5 hr base pay Per 12 hour shift while
actively training
Trainers2 1.5 x base pay While leading training
1 Local training for SWAT does not include the training at Camp Ripley. All other SWAT
trainings qualify for the Specialty Incentives in this section.
2 Use of Force, Fire Arms, 40mm, Taser, Defensive Tactics
ARTICLE 19 INSURANCE
19.1 Effective January 1, 2023, the EMPLOYER’s contribution per employee receiving single
medical insurance coverage is $915.00 per month toward a cafeteria benefit plan that offers
group health, life, long-term disability and dental insurance, subject to the health insurance
opt-out provisions set out in Paragraph 19.4. The EMPLOYER’s contribution per
employee receiving family (employee plus spouse and/or dependents) medical insurance
coverage is $ 1,715.00 per month, toward a cafeteria benefit plan that offers group health,
life, long-term disability and dental insurance, subject to the health insurance opt-out
provisions set out in Paragraph 19.4.
19.2 Effective January 1, 2024, the EMPLOYER’s contribution per employee receiving single
health insurance coverage is $915.00 per month toward a cafeteria benefit plan that offers
group health, life, long-term disability and dental insurance, subject to the medical
insurance opt-out provisions set out in Paragraph 19.4. The EMPLOYER’s contribution
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per employee receiving family (employee plus spouse and/or dependents) medical
insurance coverage is the amount established in 2023, plus 50% of any increase in the
family medical insurance premium, toward a cafeteria benefit plan that offers group health,
life, long-term disability and dental insurance, subject to the health insurance opt-out
provisions set out in Paragraph 19.4.
19.3 Effective January 1, 2025, the EMPLOYER’s contribution per employee receiving single
medical insurance coverage is $915.00 per month, (however, at no time shall the Employer
contribution be less than 100% of the premium cost for single coverage of the highest
option health plan available), toward a cafeteria benefit plan that offers group health, life,
long-term disability and dental insurance, subject to the health insurance opt-out provisions
set out in Paragraph 19.4. The EMPLOYER’s contribution per employee receiving family
(employee plus spouse and/or dependents) medical insurance coverage is the amount
established in 2024, plus 50% of any increase in the family medical insurance premium,
toward a cafeteria benefit plan that offers group health, life, long-term disability and dental
insurance, subject to the health insurance opt-out provisions set out in Paragraph 19.4.
19.4 HEALTH INSURANCE OPT-OUT OPTION
If a health insurance opt-out option is available with the City's group health insurance plan,
an employee who has health insurance through a group-sponsored plan elsewhere may
elect to waive health insurance coverage. An employee who waives health insurance
coverage will receive, as the City's insurance contribution, the difference between the
lowest cost single coverage health insurance plan and the City's single insurance
contribution, as set out in Paragraphs 19.1, 19.2 and 19.3, as an opt-out credit to use through
the City's cafeteria benefit plan.
ARTICLE 20 PART-TIME EMPLOYEE PAY AND BENEFITS
20.1 Part-time Police Officers will be placed into the same pay schedule as the Police Officers.
The Employer has the discretion to place a new employee into the pay schedule at a step
other than the start step as the Employer deems appropriate.
Part-time officers will be eligible for longevity pay based on years of service with the
Orono Police Department (full-time or part-time).
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20.2 MOVEMENT THROUGH PAY RANGE
A part-time officer will move through the steps of the pay schedule based on each one
thousand forty (1,040) hours worked.
20.3 PART-TIME EMPLOYEE BENEFITS
Employees regularly scheduled to work 20 hours or more per week shall be eligible for
prorated benefits, except health insurance. The determination of the regular schedule will
be made on a quarterly basis. Health insurance eligibility will be determined by the City's
agreement with its insurance carriers.
ARTICLE 21 VACATIONS
Employees will accumulate vacation leave according to the following schedule:
0 through 5 years continuous service 10 days ( 80 hours)
6 through 10 years continuous service 15 days (120 hours)
11 through 15 years continuous service 18 days (144 hours)
16 years continuous service 19 days (152 hours)
17 years continuous service 20 days (160 hours)
18 years continuous service 21 days (168 hours)
19 years continuous service 22 days (176 hours)
20 years and over continuous service 24 days (192 hours)
The maximum accumulation of accrued vacation is 240 hours.
ARTICLE 22 HOLIDAYS
22.1 Each employee shall receive 12 (96 hours) floating holidays accrued on a prorated basis
each year to be used in the same manner as vacations. For each holiday hour not used each
employee shall receive an hour of pay up to 96 hours per year. Payment is to be made on
the first day in December of each calendar year.
22.2 Employees who are scheduled to work on New Year's Day, Martin Luther King Jr. Day,
Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans’
Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day
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shall receive an additional one-half hour of pay for each hour worked on each of these
eleven holidays.
22.3 Holiday hours commence at 0000 hours and end at 2359 hours on the actual day of the
holiday for employees working shifts. Employees working a Monday through Friday
schedule shall observe the holidays on the same days as the other City Employees.
ARTICLE 23 SICK LEAVE
23.1. Each employee shall earn eight (8) hours of sick leave per month.
23.2. Each employee shall be allowed to accumulate sick leave up to the maximum amount of
nine hundred sixty (960) hours.
23.3. In addition any hours over 960 hours accrued shall go into a catastrophic sick leave bank
which may be used any time the person is sick for more than 30 consecutive calendar days. The
maximum accrued in this bank is 320 hours and is not useable for severance purposes under Article
24.
ARTICLE 24 SEVERANCE PAY
24.1 Accumulated sick leave balance
Each employee with at least three (3) years, but less than twelve (12) years, of service with the
EMPLOYER will receive, upon honorable termination of employment, one-third (1/3) of the
employee's accumulated sick leave as severance pay. Each employee with twelve (12) years or
more of service with the Employer will receive, upon honorable termination, one-half (1/2) of the
employee’s accumulated sick leave as severance pay. Upon honorable termination, the
employee’s sick leave balance shall be paid into the Post Employment Health Care Savings Plan
as defined in this labor agreement.
24.2 Accumulated Vacation and Comp Time balances
Each employee will have their unused vacation and comp time balances paid out in cash to the
employee upon termination of employment.
ARTICLE 25 POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT
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Each employee shall participate in the Minnesota Post Employment Health Care Savings Plan
(HCSP) established under Minnesota Statues section 352.98. All funds collected by the employer
on behalf on the employees shall be deposited into their individual HCSP. Commencing January
1, 2023, each employee shall contribute 2% of salary to their PEHCSP. The employer shall deduct
this amount from the employees payroll check.
ARTICLE 26 POST LICENSE/TRAINING
26.1 The EMPLOYER shall pay the cost of the employee’s POST license fees.
26.2 The EMPLOYER will pay for and provide the required training for POST board licensing
upon the employee receiving prior written approval from the EMPLOYER to attend such
training.
26.3 Employees attending voluntary/optional training will be eligible for up to 1 (one) hour of
paid travel time at their regular rate of pay. If the Employee owes TOC, this travel time
can be deducted from the hours owed in TOC. Travel time will be calculated as time from
the Orono Police Department to the training site.
26.4 Payroll – When feasible, the supervisor will talk to an employee prior to changing their
time sheet. In all cases, a supervisor will contact the employee by email prior to
changing the time sheet.
ARTICLE 27 DAYLIGHT SAVINGS
27.1 Patrol Officers working shifts during daylight savings will only be paid for the actual hours
worked.
ARTICLE 28 EYEWEAR REPLACEMENT
28.1 Prescription eyewear damaged in the line of duty will be replaced at a cost not to exceed
Two Hundred Fifty and no/100ths ($250.00) Dollars.
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ARTICLE 29 DURATION
29.1 This AGREEMENT shall be effective as of the first (1st) day of January, 2023 and remain
in full force and effect until the thirty-first (31st) day of December, 2025.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on
________________________________, 20___.
FOR THE CITY OF ORONO: FOR LAW ENFORCEMENT LABOR
SERVICES, INC.:
____________________________________ ___________________________________
____________________________________ ___________________________________
____________________________________ ___________________________________
AGENDA ITEM
Prepared By: Reviewed By: A. Carlson Approved By:
1.Purpose. The purpose of the action item is to approve a collective bargaining agreement (CBA)
between the City and LELS, Local 168 for 2023-2025.
2.Background / Summary. Law Enforcement Labor Services (LELS), Local 168 represents the city’s
Police Sergeants. The current agreement expires at the end of 2022. The city staff and union official
have been negotiation since early spring to come to new agreement.
3.New Agreement Highlights. The complete agreement is at exhibit A.
a.Duration. Three years 2023-2025.
b.Wages. Establishes an expanded pay scale with 6 steps in 2023, 3% COLA in 2024 and 3%
COLA in 2025.
c.Longevity. Updates longevity pay rates for 10 and 15 years of service.
d.Specialty Pay. Establishes specialty pay for the Investigative Sergeant.
e.Holidays. Recognizes Juneteenth as a holiday.
4. Staff Recommendation. I recommend approval of the agreement.
COUNCIL ACTION REQUESTED
Motion to approve the Collective Bargaining Agreement with LELS Local 168 at Exhibit
A.
Exhibits A.Agreement between City Of Orono, MN and LELS, Local 168; effective January 1, 2023 through
December 31, 2025.
Item No.: 4 Date: November 28, 2022
Item Description: Approval of Collective Bargaining Agreement with LELS Local 168
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
Consent Agenda
224223v3
LABOR AGREEMENT
BETWEEN
THE CITY OF ORONO
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL #168
POLICE SERGEANTS
January 1, 2023 through December 31, 2025
224223v3
TABLE OF CONTENTS
Page
ARTICLE 1 PURPOSE OF AGREEMENT ............................................................................ 1
ARTICLE 2 RECOGNITION .................................................................................................. 1
ARTICLE 3 DEFINITIONS ..................................................................................................... 1
ARTICLE 4 EMPLOYER AUTHORITY ................................................................................ 2
ARTICLE 5 UNION SECURITY ............................................................................................ 2
ARTICLE 6 EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE ..................................... 2
ARTICLE 7 SAVINGS CLAUSE ............................................................................................ 4
ARTICLE 8 SENIORITY ........................................................................................................ 4
ARTICLE 9 DISCIPLINE ........................................................................................................ 5
ARTICLE 10 WORK SCHEDULES ........................................................................................... 5
ARTICLE 11 OVERTIME ........................................................................................................... 6
ARTICLE 12 COMPENSATORY TIME .................................................................................... 6
ARTICLE 13 CALL BACK TIME .............................................................................................. 6
ARTICLE 14 COURT STANDBY TIME ................................................................................... 6
ARTICLE 15 UNIFORMS ........................................................................................................... 7
ARTICLE 16 INJURY ON DUTY............................................................................................... 7
ARTICLE 17 WAGES ................................................................................................................. 7
ARTICLE 18 INSURANCE ......................................................................................................... 8
ARTICLE 19 VACATIONS......................................................................................................... 8
ARTICLE 20 HOLIDAYS ........................................................................................................... 9
ARTICLE 21 SICK LEAVE ........................................................................................................ 9
ARTICLE 22 SEVERANCE PAY ............................................................................................... 9
ARTICLE 23 POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT .................. 10
ARTICLE 24 POST LICENSE .................................................................................................. 10
ARTICLE 25 WAIVER .............................................................................................................. 10
ARTICLE 26 DAYLIGHT SAVINGS ....................................................................................... 10
ARTICLE 27 EYEWEAR REPLACEMENT ............................................................................ 10
ARTICLE 28 TRAVEL TIME ................................................................................................... 10
ARTICLE 29 DURATION ......................................................................................................... 11
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LABOR AGREEMENT
BETWEEN
THE CITY OF ORONO
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL # 168
POLICE SERGEANTS
ARTICLE 1 PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of January 1, 2020, between the City of Orono, hereinafter
called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES INC., hereinafter
called the UNION.
It is the intent and purpose of this AGREEMENT to;
1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT’S
interpretation and/or application; and
1.2 Place in written form the parties’ AGREEMENT upon terms and conditions of
employment for the duration of this AGREEMENT.
ARTICLE 2 RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative under
Minnesota Statutes Section 179A.03, Subdivision 7, for all police personnel in the
following job classification:
Police Sergeants
2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or
exclusion of a new or modified job class, the issue shall be submitted to the Bureau of
Mediation Services for determination.
ARTICLE 3 DEFINITIONS
3.1 UNION: Law Enforcement Labor Services, Inc.
3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Inc.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The City of Orono Police Department.
3.5 EMPLOYER: The City of Orono.
3.6 CHIEF: The Chief of the City of Orono Police Department.
3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services,
Inc.
3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess
of the employee’s scheduled shift.
3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch
shift.
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3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which employee
remains on continual duty and is responsible for assigned duties.
3.11 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the
employee remains on continual duty and is responsible for assigned duties.
3.12 PROBATIONARY PERIOD: A one year period form date of hire or promotion.
ARTICLE 4 EMPLOYER AUTHORITY
4.1 The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower facilities, and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and modify the
organizational structure; to select, direct, and determine the number of personnel; to
establish work schedules, and to perform any inherent managerial function not
specifically limited by this AGREEMENT.
4.2 Any term and condition of employment not specifically established or modified by this
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish, or eliminate.
ARTICLE 5 UNION SECURITY
5.1 The EMPLOYER shall deduct from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly union dues. Such monies
shall be remitted as directed by the UNION.
5.2 The UNION may designate employees from the bargaining unit to act as a steward and
an alternate and shall inform the EMPLOYER in writing of such choice and changes in
the position of steward and/or alternate.
5.3 The EMPLOYER shall make space available on the employee bulletin board for posting
UNION notice(s) and announcement(s).
5.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result
of any action taken or not taken by the EMPLOYER under the provisions of this Article.
ARTICLE 6 EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE
6.1 DEFINITION OF GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this AGREEMENT.
6.2 UNION REPRESENTATIVES
The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the
grievance representatives of the bargaining unit having the duties and responsibilities
established by this Article. The UNION shall notify the EMPLOYER in writing of the
names of such UNION REPRESENTATIVES and of their successors when so
designated as provided by Section 6.2 of this AGREEMENT.
6.3 PROCESSING A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normal work hours only when
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consistent with such employee duties and responsibilities. The aggrieved employee and a
UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss
in pay when a grievance is investigated and presented to the EMPLOYER during normal
work hours provided that the employee and the UNION REPRESENTATIVE have
notified and received the approval of the designated supervisor who has determined that
such absence is reasonable and would not be detrimental to the work programs of the
EMPLOYER.
6.4 PROCEDURE
Grievances, as defined by Section 7.1, shall be resolved in conformance with the following
procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of
this AGREEMENT shall, within twenty-one (21) calendar days after such alleged
violation has occurred, present such grievance to the employee’s supervisor as
designated by the EMPLOYER. The EMPLOYER-designated representative will
discuss and give an answer to such Step 1 grievance within ten (10) calendar days
after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be
placed in writing setting forth the nature of the grievance, the facts on which it is
based, the provision or provisions of the AGREEMENT allegedly violated, and
the remedy requested and shall be appealed to Step 2 within ten (10) calendar days
after the EMPLOYER-designated representative's final answer in Step 1. Any
grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar
days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the UNION and discussed
with the EMPLOYER-designated Step 2 representative. The EMPLOYER-
designated representative shall give the UNION the EMPLOYER'S Step 2 answer
in writing within ten (10) calendar days after receipt of such Step 2 grievance. A
grievance not resolved in Step 2 may be appealed to Step 3 within ten (10)
calendar days following the EMPLOYER-designated representative's final Step 2
answer. Any grievance not appealed in writing to Step 3 by the UNION within ten
(10) calendar days shall be considered waived.
Step 3. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be
submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act of 1971, as amended. The selection of an arbitrator shall be
considered waived.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this AGREEMENT. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the
EMPLOYER and the UNION, and shall have no authority to make a decision on
any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, rules, or
regulations having the force and effect of law. The arbitrator's decision shall be
submitted in writing within thirty (30) days following the close of the hearing or the
submission of briefs by the parties, whichever be later, unless the parties agree to an
extension. The decision shall be binding on both the EMPLOYER and the UNION
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and shall be based solely on the arbitrator's interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and the UNION provided that each party shall be
responsible for compensating its own representatives and witnesses. If either party
desires a verbatim record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim record of the
proceedings the cost shall be shared equally.
6.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the
EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal
thereof within the specified time limits, the UNION may elect to treat the grievance as
denied at that step and immediately appeal the grievance to the next step. The time limit in
each step may be extended by mutual agreement of the EMPLOYER and the UNION.
6.7 CHOICE OF REMEDY
If, as a result of the written EMPLOYER response in Step 3, the grievance remains
unresolved, and if the grievance involves the suspension, demotion, or discharge of an
employee who has completed the required probationary period, the grievance may be
appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran’s
Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article
VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article
VII. The aggrieved employee shall indicate in writing which procedure shall be utilized--
Step 4 of Article VII or another appeal procedure--and shall sign a statement to the effect
that the choice of any other hearing precludes the aggrieved employee from making a
subsequent appeal through Step 4 of Article VII. Except that with respect to statutes under
the jurisdiction of the United States Equal Employment Opportunity Commission, an
employee pursuing a statutory remedy is not precluded from also pursuing an appeal under
this grievance procedure.
ARTICLE 7 SAVINGS CLAUSE
This AGREEMENT is subject to law. In the event any provision of this AGREEMENT shall be
held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree
no appeal has been taken within the time provided, such provision shall be voided. All other
provisions of this AGREEMENT shall continue in full force and effect. The voided provision may
be renegotiated at the request of either party.
ARTICLE 8 SENIORITY
8.1 Seniority shall be determined by the employee’s length of continuous employment with
the Police Department and posted in an appropriate location. Seniority rosters may be
maintained by the Chief on the basis of time in grade and time within specific
classifications.
8.2 During the probationary period a newly hired or rehired employee may be discharged at
the sole discretion of the EMPLOYER. During the probationary period a promoted or
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reassigned employee may be replaced in his previous position at the sole discretion of the
EMPLOYER.
8.3 A reduction of work force will be accomplished on the basis of bargaining unit seniority.
Employees shall be recalled from layoff on the basis of bargaining unit seniority. An
employee on layoff shall have an opportunity to return to work within two years of the
time of layoff before any new employee is hired.
8.4 Senior employees will be given preference with regard to changes in job classification
through transfer, assignment or promotion when the job relevant qualifications of
employees are equal.
8.5 Once continuous vacation period shall be selected on the basis of seniority until March 15
of each calendar year.
8.6 After twelve (12) months continuous full-time service as a Sergeant will receive shift
assignment preference for biddable shifts.
ARTICLE 9 DISCIPLINE
9.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one of
the following forms:
a. oral reprimand;
b. written reprimand;
c. suspension;
d. demotion; or
e. discharge.
9.2 Suspensions, demotions and discharges will be in written form.
9.3 Written reprimands, notices of suspension, notices of demotion and notices of discharge
which are to become part of an Employee's personnel file shall be read and acknowledged by
signature of the Employee. Employees and the UNION will receive a copy of such
reprimands and/or notices.
9.4 Employees may examine their own individual personnel files at reasonable times under the
direct supervision of the EMPLOYER.
9.5 Employees will not be questioned concerning an investigation of disciplinary action unless
the employee has been given an opportunity to have a Union representative present at such
questioning.
9.6 Grievances relating to this ARTICLE shall be initiated by the UNION at Step 3 of the
grievance procedure under Article VII of this AGREEMENT.
ARTICLE 10 WORK SCHEDULES
10.1 The normal work year for full-time employees is two thousand eighty (2,080) hours to be
accounted for by each employee through:
a) hours worked on assigned shifts;
b) holidays;
c) assigned training;
d) authorized leave time.
10.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time
of assigned shifts.
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10.3 Nothing contained in this or any other ARTICLE shall be interpreted to be a guarantee of a
minimum or maximum number of hours the EMPLOYER may assign employees.
ARTICLE 11 OVERTIME
11.1 Employees will be compensated at one and one-half (1-1/2) times the employee’s regular
base pay rate for hours worked in excess of the employee’s regularly scheduled shift.
Changes of shift do not qualify an employee for overtime under this Article.
11.2 Overtime will be distributed as equally as practicable.
11.3 Overtime refused by employees will for record purposes under Article 12.2 be considered
as unpaid overtime worked.
11.4 For the purpose of computing overtime compensation overtime hours shall not be
pyramided, compounded or paid twice for the same hours worked.
11.5 Overtime will be calculated to the nearest fifteen (15) minutes.
11.6 Employees have the obligation to work overtime or call backs if requested by the
EMPLOYER unless unusual circumstances prevent the employee from so working.
ARTICLE 12 COMPENSATORY TIME
12.1 As an alternative to payment of overtime compensation, the employee may receive an
hour of compensatory time plus one half-hour in cash for each hour worked for time
worked as follows:
a) All hours worked over 171 hours in a 28-day work period.
b) Recalls to work to fill in shifts, including but not limited to filling in shifts for
vacation, sick leave, holidays.
12.2 For other hours not covered in 12.1 the employee, by mutual agreement, may earn
compensatory time at an overtime rate.
12.3 The employee may accrue up to 48 hours in a compensatory bank to be used within the
compensatory time policy of the City.
12.4 Prior to December 31st of each year, an employee must cash out all but 24 hours of
compensatory time and those remaining hours not cashed remain available for use in the
following year.
ARTICLE 13 CALL BACK TIME
An employee who is called to duty during their scheduled off-duty time shall receive a minimum of
three (3) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or
early report to a scheduled shift for duty does not qualify the employee for the three (3) hour
minimum.
ARTICLE 14 COURT STANDBY TIME
14.1 An Employee who is required to appear in court during the Employee’s scheduled off-
duty time shall receive a minimum of three (3) hours pay at one and one-half(1.5) times the
Employee’s base pay rate. An extension or early report to a regularly scheduled shift for duty does
not qualify the Employee for the three (3) hour minimum.
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14.2 Employees required by the Employer to standby for a potential court appearance shall be
paid a minimum of three (3) hours for such standby time at the rate of one hour pay for each hour
on standby. If an Employee on standby is required to report to court, standby time is then converted
to court time as provided in Section 14.1.
14.3 Employees who have been placed on standby and who are not notified of a court
cancellation prior to 5:00 p.m. on the day preceding the scheduled appearance will be paid for
the appearance in the same fashion as described in Section 14.2 of this agreement
ARTICLE 15 UNIFORMS
The EMPLOYER will provide all City-required uniform articles and equipment.
ARTICLE 16 INJURY ON DUTY
Employees injured during the performance of their duties for the EMPLOYER and thereby
rendered unable to work for the EMPLOYER will be paid the difference between the employee’s
regular pay and the Worker’s Compensation insurance payments for a period not to exceed ninety
(90) working days per injury, not charged to the employee’s vacation, sick leave, or other
accumulated leave, or other accumulated paid benefits, after a three (3) working day initial waiting
period per injury. The three (3) day working day waiting period shall be charged to the employee’s
sick leave account less Worker’s Compensation insurance.
ARTICLE 17 WAGES
17.1 Wages. The following wage schedules shall be in effect:
Step: Start 1 2 3 4 5 6 10 15
Year
2023 $48.03 $48.99 $49.97 $50.97 $51.99 $53.03 $54.09 $55.44 $56.83
2024 $49.47 $50.46 $51.47 $52.50 $53.55 $54.62 $55.71 $57.10 $58.53
2025 $50.95 $51.97 $53.01 $54.07 $55.15 $56.26 $57.38 $58.82 $60.29
17.2 Placement within the Pay Scale. New sergeants will be placed on the salary schedule as
agreed between the employee and employer. As a general guideline the following table will be
used to account for years of experience when placing new Sergeants. Other factors may include
but are not limited to past performance reviews, education and selection panel recommendations.
Step Start 1 2 3 4 5
Years of Patrol Officer experience. 0-5 6-8 9-13 14-17 17-19 20+
17.3 Specialty Pay. Investigative Sergeant - $ 300 per month while assigned.
17.4 A sergeant assigned by the City Council to temporarily assume the full responsibilities
and authority of the Police Chief shall receive a wage from the Police Chief Pay scale resulting
in a minimum of a 10% increase over their current Sergeant’s wage.
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ARTICLE 18 INSURANCE
18.1 Effective January 1, 2023, In accordance with the Affordable Care Act, the
EMPLOYER’s contribution per employee receiving single medical insurance coverage is
$915.00 per month toward a cafeteria benefit plan that offers group health, life, long-term
disability and dental insurance, subject to the health insurance opt-out provisions set out
in Paragraph 18.4. The EMPLOYER’s contribution per employee receiving family
medical insurance coverage is $1,715.00 per month, toward a cafeteria benefit plan that
offers group health, life, long-term disability and dental insurance, subject to the health
insurance opt-out provisions set out in Paragraph 18.4. The City and LELS Local # 168
agree to allow the participation of a Local #168 representative the ability to participate in
the selection process for City provided insurance for the 2023 insured year.
18.2 Effective January 1, 2024, In accordance with the Affordable Care Act, the
EMPLOYER’s contribution per employee receiving single medical insurance coverage is
$915.00 per month toward a cafeteria benefit plan that offers group health, life, long-term
disability and dental insurance, subject to the health insurance opt-out provisions set out
in Paragraph 18.4. The EMPLOYER’s contribution per employee receiving family health
insurance coverage is the amount established in 2023, plus 50% of any increase in the
family medical insurance premium, toward a cafeteria benefit plan that offers group
health, life, long-term disability and dental insurance, subject to the health insurance opt-
out provisions set out in Paragraph 18.4.
18.3 Effective January 1, 2025, In accordance with the Affordable Care Act, the
EMPLOYER’s contribution per employee receiving single medical insurance coverage is
Nine Hundred Fifteen and no/100ths ($915.00) Dollars per month, toward a cafeteria
benefit plan that offers group health, life, long-term disability and dental insurance,
subject to the health insurance opt-out provisions set out in Paragraph 18.4. The
EMPLOYER’s contribution per employee receiving family medical insurance coverage
is the amount established in 2024, plus 50% of any increase in the family medical
insurance premium, toward a cafeteria benefit plan that offers group health, life, long-
term disability and dental insurance, subject to the health insurance opt-out provisions set
out in Paragraph 18.4.
18.4 HEALTH INSURANCE OPT-OUT OPTION
If a health insurance opt-out option is available with the City's group health insurance
plan, an employee who has health insurance through a group-sponsored plan elsewhere
may elect to waive health insurance coverage. An employee who waives health
insurance coverage will receive, as the City's insurance contribution, the difference
between the lowest cost single coverage health insurance plan and the City's single
insurance contribution, as set out in Paragraphs 18.1, 18.2 and 18.3, as an opt-out credit
to use through the City's cafeteria benefit plan.
ARTICLE 19 VACATIONS
Employees will accumulate vacation leave according to the following schedule:
0 through 5 years continuous service 10 days (80 hours)
6 through 10 years continuous service 15 days (120 hours)
11 through 15 years continuous service 18 days (144 hours)
16 years continuous service 19 days (152 hours)
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17 years continuous service 20 days (160 hours)
18 years continuous service 21 days (168 hours)
19 years continuous service 22 days (176 hours)
20 years continuous service 24 days (192 hours)
The maximum accumulation of vacation is 240 hours.
ARTICLE 20 HOLIDAYS
20.1 Each employee shall receive 12 (96 hours) floating holidays accrued on a prorated basis
each year to be used in the same manner as vacations. For each holiday hour not used
each employee shall receive an hour of pay up to 96 hours per year. Payment is to be
made on the first day in December of each calendar year.
20.2 Employees who are scheduled to work on New Year's Day, Martin Luther King Jr. Day,
Presidents’ Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day,
Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and
Christmas Day shall receive an additional one-half hour of pay for each hour worked on
each of these eleven holidays.
20.3 Holiday hours commence at 0000 hours and end at 2359 hours on the actual day of the
holiday for employees working shifts. Employees working a Monday through Friday
schedule shall observe the holidays on the same days as the other City Employees.
ARTICLE 21 SICK LEAVE
21.1 Each employee shall earn eight (8) hours of sick leave per month.
21.2 Each employee shall be allowed to accumulate sick leave up to the maximum amount of
nine hundred sixty (960) hours.
21.3 In addition any hours over 960 hours accrued shall go into a catastrophic sick leave bank,
which may be used any time the person is sick for more than 30 consecutive calendar
days.
The maximum accrued in this bank is 320 hours and is not useable for severance
purposes under Article 23.
ARTICLE 22 SEVERANCE PAY
22.1 Accumulated sick leave balance
Each employee with at least three (3) years, but less than twelve (12) years, of service with the
EMPLOYER will receive, upon honorable termination of employment, one-third (1/3) of the
employee's accumulated sick leave as severance pay. Each employee with twelve (12) years or
more of service with the Employer will receive, upon honorable termination, one-half (1/2) of the
employee’s accumulated sick leave as severance pay. Upon honorable termination, the
employee’s sick leave balance shall be paid into the Post Employment Health Care Savings Plan
as defined in this labor agreement.
22.2 Accumulated Vacation and Comp Time balances
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Each employee will have their unused vacation and comp time balances paid out in cash to the
employee upon termination of employment.
ARTICLE 23 POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT
Each employee shall participate in the Minnesota Post Employment Health Care Savings Plan
(HCSP) established under Minnesota Statutes section 352.98. All funds collected by the
employer on behalf of the employees shall be deposited into the HCSP. Commencing January 1,
2008, each employee shall contribute 2% of salary to the HCSP. The employer shall deduct this
amount from each payroll check. Upon termination of employment 100% of severance pay, as
that term is defined in this Labor Agreement, shall be deposited into the HCSP.
ARTICLE 24 POST LICENSE
The EMPLOYER agrees to pay the cost of the employee’s post license fees.
ARTICLE 25 WAIVER
25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding
terms and conditions of employment, to the extent inconsistent with the provisions of this
AGREEMENT, are hereby superseded.
25.2 The parties mutually acknowledge that during the negotiations which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and
proposals with respect to any terms or conditions of employment not removed by law from
bargaining. All agreements and understandings arrived at by the parties are set forth in
writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The
EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet
and negotiate regarding any and all terms and conditions of employment referred to or
covered in this AGREEMENT or with respect to any term or condition of employment not
specifically referred to or covered by this AGREEMENT, even though such terms or
conditions may not have been within the knowledge or contemplation of either or both
parties at the time this contract was negotiated or executed.
ARTICLE 26 DAYLIGHT SAVINGS
Police Sergeants working shifts during daylight savings will only be paid for the actual hours
worked.
ARTICLE 27 EYEWEAR REPLACEMENT
Prescription eyewear damaged in the line of duty will be replaced at a cost not to exceed Two
Hundred Fifty and no/100ths ($250.00) Dollars.
ARTICLE 28 TRAVEL TIME
Sergeants attending voluntary/optional training will be eligible for up to 1 (one) hour of paid
travel time at their regular rate per day. If the Sergeant owes TOC, this travel time can be
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deducted from the hours owed in TOC. Travel time will be calculated as time from the Orono
Police Department to the training site.
ARTICLE 29 DURATION
This AGREEMENT shall be effective as of the first (1st) day of January, 2023and remain in full
force and effect until the thirty-first (31st) day of December, 2025.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
day of , 2019 .
FOR THE CITY OF ORONO LAW ENFORCEMENT LABOR SERVICES
___________________________ ______________________________
___________________________ ______________________________
___________________________ ______________________________
___________________________ ______________________________
AGENDA ITEM
Prepared By: Reviewed By: Approved By:
1.Purpose. The purpose of the action item is to approve a collective bargaining agreement (CBA)
between the City and Local 12 for 2023-2025.
2.Background / Summary. Office and Professional Employees International Union (OPEIU), Local
12 represents the city’s administrative employee. The current agreement expires at the end of 2022. The
city and Union official have been negotiation since early spring to come to new agreement.
3.New Agreement Highlights. The complete agreement is at exhibit A.
a.Duration. Three years 2023-2025.
b.Wages. Establishes a 6% increase in 2023, 3% COLA in 2024 and 3% COLA in 2025.
c.Longevity. Longevity pay is increased from $0.05 per hour per year to $0.10 per hour per year
for those over 8 years of service.
d.Holidays. Recognizes Juneteenth as a holiday.
4.Staff Recommendation. I recommend approval of the agreement.
COUNCIL ACTION REQUESTED
Motion to approve the Collective Bargaining Agreement with OPEIU Local 12 at Exhibit A.
Exhibits
A.Agreement between City Of Orono, MN and OPEIU, Local 12; effective January 1, 2023 through
December 31, 2025.
Item No.: 5 Date: November 28, 2022
Item Description: Approval of Collective Bargaining Agreement with OPEIU, Local 12
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
Consent Agenda
224195v1
AGREEMENT
BETWEEN
CITY OF ORONO, MN
AND
OFFICE AND PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION,
LOCAL NO. 12, AFL-CIO
Effective January 1, 2023 through
December 31, 2025
224195v1
TABLE OF CONTENTS
Page Number
Article 1 Purpose ............................................................................................................... 3
Article 2 Recognition of Exclusive Representative ............................................................. 3
Article 3 Definitions ............................................................................................................ 3
Article 4 Employer Rights .................................................................................................. 4
Article 5 Union Security ..................................................................................................... 4
Article 6 Hours of Service .................................................................................................. 5
Article 7 Grades and Classifications .................................................................................. 5
Article 8 Compensation ..................................................................................................... 6
Article 9 Group Insurance .................................................................................................. 7
Article 10 Leaves of Absence .............................................................................................. 8
Article 11 Vacations ........................................................................................................... 10
Article 12 Holidays ............................................................................................................. 10
Article 13 Vacancies and Job Postings .............................................................................. 11
Article 14 Seniority ............................................................................................................ 11
Article 15 Discharge and Probationary Period ................................................................... 11
Article 16 Grievance Procedure ......................................................................................... 12
Article 17 Discipline ........................................................................................................... 13
Article 18 Miscellaneous ................................................................................................... 14
Article 19 Duration ............................................................................................................. 15
Addendum
Exhibit A Salary Scales
3 224195v1
ARTICLE 1
PURPOSE
1.01 Parties: THIS AGREEMENT is entered into between the Employer, City of Orono and the Office and
Professional Employees International Union, Local No. 12, AFL-CIO (herein after referred to as the Union) pursuant
to and in compliance with the Public Employment Labor Relations Act of 1971, as amended (hereinafter referred
to as the P.E.L.R.A.) to provide the terms and conditions of employment for office, clerical and professional
employees during the duration of this Agreement.
ARTICLE 2
RECOGNITION OF EXCLUSIVE REPRESENTATIVE
2.01 Recognition: In accordance with the P.E.L.R.A., the Employer recognizes the Office and Professional
Employees International Union, Local No. 12, AFL-CIO, as the exclusive representative for office, clerical and
professional employees employed by the City of Orono which exclusive representative shall have those rights and
duties as prescribed by the P.E.L.R.A. and as described in the provisions of this Agreement.
2.02 Appropriate Unit: The union shall represent all such Employees of the Employer contained in the
appropriate unit as defined in Section 3.02 of this Agreement and the P.E.L.R.A. and in certification by the Director
of Mediation Services, Case No. 17PCE0829.
ARTICLE 3
DEFINITIONS
3.01 Terms and Conditions of Employment: Terms and conditions of employment mean the hours of
employment, the compensation therefore including fringe benefits, except retirement and contributions or benefits,
and the Employer's personnel policies affecting the working conditions of the Employees.
3.02 Appropriate Unit: For purposes of this Agreement, the appropriate unit shall mean office, clerical and
professional employees employed by the City of Orono excluding the following: confidential employees and
supervisory employees.
3.03 Employer/City of Orono: Any reference to the Employer in this Agreement shall mean the City of
Orono or its designated officials or representatives.
3.04 Exempt Employee: Employee meeting the classification of exempt under the Federal Labor Standard
Act of which do not qualify for overtime compensation.
3.05 Nonexempt Employee: All Employees not meeting exempt criteria as outlined in the Federal Labor
Standard Act.
3.06 Overtime: Overtime is defined as all hours in pay status in excess of forty (40) hours per week.
3.07 Days: For purposes of this Agreement, the term days shall mean calendar days unless otherwise noted.
3.08 Probationary Employee: Employee in the initial stage of employment as outlined in Article 15.
3.09 Regular Employee: Employee which has successfully completed the probationary period.
3.10 Full Time Employee: a City employee who is employed on a schedule that averages at least 40
hours per week per calendar year and excludes elected officials, part-time employees and seasonal employees.
3.11 Part Time Employee: Employees on a schedule of less than 40 hours per week.
3.12 Seasonal Employee: Employee who is hired for a season or temporary time period.
3.13 Department Head: The positions of department head are as follows: Public Works
Superintendent, Parks Superintendent, City Clerk, Community Development Director, Finance Director, and
Police Chief.
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3.14 Years of Service: is the based on the date of hire or adjusted date of hire. It is calculated as
follows first year of service is from date of hire to first anniversary. Example 5th year of service equals 4th
anniversary date plus 1 day thru the 5th anniversary date.
3.15 Other Terms: Terms not defined in this Agreement shall have those meanings as defined by the
P.E.L.R.A.
ARTICLE 4
EMPLOYER RIGHTS
4.01 Inherent Managerial Rights: The Union recognizes that the Employer is not required to meet
and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of
discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology,
the organizational structure and selection and direction and number of personnel, and all management rights
and management functions not expressly delegated in this Agreement are reserved to the Employer.
4.02 Management Responsibilities: The union recognizes the right and obligation of the Employer to
efficiently manage and conduct the operation of the City of Orono within its legal limitations and with its primary
obligation to provide citizens of Orono services.
4.03 Effect of Laws, Rules and Regulations: The parties recognize that all Employees covered
by this Agreement shall perform the services and duties prescribed by the Employer rules, regulations,
directives, and orders issued by properly designated officials of the Employer, insofar as such rules,
regulations, directives, and orders are not inconsistent with the terms of this Agreement and recognizes that
the Employer, all Employees covered by this Agreement, and all provisions of this Agreement are subject to
the laws of the State.
4.04 Employer Security: The Union agrees that during the life of this Agreement neither the Union,
its officers or agents, nor any of the Employees covered by this Agreement, will engage in, encourage,
participate in, or support any strike, sympathy strike, slowdown, or other interruption of or interference with
the normal functions of the Employer, except as specifically allowed by Public Employment Labor Relations
Act of 1971, as amended.
ARTICLE 5
UNION SECURITY
5.01 Right to Dues Check-Off: Employees shall have the right to dues check-off to the union, provided
that dues check-off and the proceeds thereof shall not be allowed any organization that has lost its right to
dues check-off.
5.02 Procedure: The Employer shall deduct an amount sufficient to provide the payment of regular
dues and/or other union approved deductions established by the Union, from the wages of Employees.
Employees shall provide authorization, in writing, of such deduction on a form mutually agreed upon by the
Employer and the Union. The deduction of dues shall commence 30 working days after initial employment
with the Employer.
The Employer shall remit monthly such deduction to OPEIU Local 12, (2277 Hwy 36 W, Suite 301, Roseville,
MN 55113-3830) with a list of the names of the Employees from whose wages deductions were made, along
with pertinent Employee information necessary for the collection and administration of union dues, preferably
in an Excel formatted report that may be electronically transmitted. The Union shall certify to the Employer, in
writing, the current amount of regular dues to be withheld. The Union shall provide the formula to calculate
the actual dues deduction to the Employer.
5.03 Fair Share Fee: The Union shall collect a Fair Share Fee, in an amount determined by the Union,
from bargaining unit members who choose not to become members of the Union. However, any such fees so
collected by the Union shall be accomplished in accordance with the applicable terms of Minn. Stat. Sect.
179A.06 Subd.3.
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5.04 Hold Harmless: The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders, or judgments brought or issued against the Employer by a union member as a result of any
action taken by the Employer under all provisions of this Agreement pertaining to dues or other union approved
deductions.
5.05 Stewards: The Union may designate up to two Employees from the Bargaining Unit to act as stewards
and will inform the Employer in writing of such choices and changes in the position of stewards immediately.
5.06 Union Announcements: The Employer will make space available on a workplace bulletin board for
the posting of union notices and announcements and any others pertinent union information.
5.07 Reasonable Time: With advance notice to the Employee's immediate supervisor, the Employer agrees
that during working hours, on the Employer's premises, and without loss of pay, the local union business agent or
designated union representative shall be allowed reasonable time, which does not unduly interfere with his/her
normal duties, to: post union notices and announcements or consult with the Employer, its representative, local
union officers, or other union representatives concerning grievances. Employees must keep track of their time
spent on union activities during the workday so that time can be reviewed for reasonableness by the Employer.
5.08 Employer Voicemail and Email: The Employer shall permit union officers to utilize Employer
voicemail and email systems only for the purpose of notifying union members of union membership meetings.
Union officials may come onto the Employer's property to conduct union business but only after reasonable
advanced notice to the Employer and only when it does not interfere with Employees' work duties.
ARTICLE 6
HOURS OF SERVICE
6.01 Work Week/Day: The normal work week for Employees shall consist of five days a week. The normal
work day for full-time Employees shall be eight consecutive hours. Employees working eight consecutive hours
shall receive a duty free 30 minute unpaid lunch break, and a 15- minute mid-morning, and a 15-minute mid-
afternoon break. Breaks and meal period may be combined. The City will be flexible with work hours with respect
to City meetings and duties outside of regular work hours.
6.02 Overtime Pay: Overtime is defined as all hours worked by nonexempt employees in excess of forty ·
hours per week Monday - Friday. All hours worked by nonexempt employees on Saturday and Sunday shall be
paid at one and one half (1 ½) times Employee's regular rate of pay, with a two hour minimum.
For all hours worked in excess of forty hours per week, nonexempt Employees have the option to use this time as
compensatory time or paid overtime.
6.03 Compensatory Time: Nonexempt Employees shall be permitted to accumulate hours worked over
forty hours (40) as accumulated compensatory time. Accumulated compensatory time carryover limit is forty hours
(40) per pay period. Employees shall be eligible to use all compensatory time at the end of the calendar year with
mutual agreement of the employer and employee. Prior to December 31st of each year, a nonexempt Employee
must cash out all but twenty (20) hours of compensatory time and those remaining hours not used remain available
for use in the following year.
6.04 Flexible Hours of Service: By mutual agreement between the Employer and Employee work hours
may be flexible.
ARTICLE 7
GRADES AND CLASSIFICATIONS
7.01 Grades: For the purpose of salary determination, the classifications of office, professional and
clerical Employees will be as follows:
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Grade 5
Admin Support;
Admin Support – Police;
Admin Support – Public Works & Parks
Municipal Services Assistant;
Community Service Officer
Grade 6 Resource Management Technician
Grade 7 Management Assistant;
Planning Assistant
Grade 10 Building Inspector;
IT Technician
Grade 11 City Planner;
Accountant
Grade 12 Building Official
7.011 Exempt Positions: For the purposes of overtime determinations the following
positions are classified as Exempt, and thereby not eligible for overtime:
Grade 10 IT Technician
Grade 11 City Planner, Accountant
Grade 12 Building Official
7.02 Anniversary Date: Employees hired after the execution of this agreement shall progress on the
scale (steps) on the anniversary date of their hire. Current Employees will remain on current schedule of
adjusted anniversary dates. The Adjusted Anniversary Date applies to those employees who were employed
prior to January 1, 2016. The anniversary date for those employees for pay and performance was adjusted
at that time to accommodate the adoption of the City’s current organizational pay structure. It does not apply
to the Employee’s actual employment date for the purpose of time in service or PERA. Employees hired after
January 1, 2016 have an anniversary date based on their date of hire.
7.03 Pay Grade Scale: See Exhibit A.
ARTICLE 8
COMPENSATION
8.01 Placement within the Pay Scale. New Employees will be placed on the salary schedule as agreed
between the Employee and Employer. An Employee moving to a position of a lower grade shall be placed in the
new grade at the same step as occupied in the previous grade. An Employee promoted to higher grade shall in no
situation lose pay and shall receive a minimum of a 6% increase in pay.
8.02 Paydays: Paydays shall be on a biweekly schedule. When a payday falls on a holiday, checks
will be issued on the previous workday. Exception: Christmas holiday falls on Tuesday or Wednesday. If
exception is met a minimum of a 7 day notice will be provided to Employees.
8.03 Comparable Worth: The wages provided herein may be increased during the term of this contract
for purposes of complying with the conditions of M.S. 471.991 through 471.998 as amended.
8.04 Longevity Pay: Beginning on the anniversary of the Employee's 8th year of service, a longevity
incentive will be applied to the hourly rate/salary of the Employee. The Employee shall receive $0.10 per hour
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per year of service 8 years and above as a longevity incentive. This will be effective July 1, 2018 and will be
adjusted at the employment anniversary of each Employee. This will be added to the Employee's hourly wage
and is based on 2080 working hours per year.
Sample calculations:
8 (years of service) x $0.10 = $0.80; Longevity pay= $0.80 x 2080 = $1,664
17 (years of service) x $0.10 = $1.70; Longevity pay = $1.70 x 2080 = $3,536
8.05 Temporary Higher Rate: An Employee who is temporarily assigned a position in a higher rated job
and who performs the major duties of the higher rated job for a period of more than 10 days, shall receive the rate
of pay as outlined in the pay scale for all hours worked in the higher rated job. The assignment must be approved
by the City Administrator.
8.06 Department Head: If a bargaining unit Employee is assigned to department head duties, they shall
earn the starting step of department head pay.
8.07 Training: To keep staff knowledgeable and improve their skills to do their jobs better, Employees will
be eligible to participate in training and professional development for coursework directly related to the job/position
with prior approval of their supervisor, with the Employer paying for the training or professional development.
ARTICLE 9
GROUP INSURANCE
9.01 Selection of Carrier: The selection of the insurance carrier and policy shall be made by the Employer.
The City Administrator will meet and confer with the exclusive union representative upon request regarding this
matter.
9.02 Insurances: In accordance with the Affordable Care Act, the Employer's contribution per full-time
Employee receiving single medical insurance coverage is $915.00 per month towards a cafeteria benefit plan that
offers group health, life, long-term disability and dental insurance, for the years 2023, 2024 and 2025. The
Employer's contribution per Employee receiving family (Employee plus spouse and/or dependents) medical
insurance coverage is $1,715.00 per month towards a cafeteria benefit plan that offers group health, life, long-term
disability and dental insurance, for the year 2023. For 2024, the Employer's contribution per Employee receiving
family health insurance coverage is $1,715.00 per month plus 50% of any increase in the family health insurance
premium, toward a cafeteria benefit plan that offers group health, life, long-term disability and dental insurance.
For 2025, the Employer's contribution per Employee receiving family health insurance coverage is the 2024 monthly
amount plus 50% of any increase in the family health insurance premium, toward a cafeteria benefit plan that offers
group health, life, long-term disability and dental insurance, all of which is subject to the health insurance opt-out
provisions set out in Paragraph 9.03.
9.03 Health Insurance Opt-Out Option: If a health insurance opt-out option is available with the City's
group health insurance plan, an Employee who has health insurance through a group-sponsored plan elsewhere
may elect to waive health insurance coverage. An Employee who waives health insurance coverage will receive,
as the City's insurance contribution, the difference between the lowest cost single coverage health insurance plan
and the City's single insurance contribution, as set out in paragraph 9.02, as an opt-out credit to use through the
City's cafeteria benefit plan.
9.05 Life Insurance: The Employer will provide group term life insurance for each eligible Employee
enrolled in and who qualifies for the Employer life insurance plan. Each eligible Employee may purchase additional
group term life insurance policy through payroll deduction.
9.06 Involuntary Reductions: Continuation of Benefits: Full-time Employees whose hours are involuntarily
reduced shall continue to receive full Employer contribution for insurance benefits.
9.07 Retirement - Continuation of Group Health and Dental Insurance
This section applies to all Employees who retire on or after January 1, 1993, and participated in the Employer'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.
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Minnesota law, Minn. Stat. Chapter 43A, provides that upon retirement, an eligible 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.
Retirees who have continuously participated in the group insurance program since leaving employment and
retirees who are currently continuing coverage through COBRA (Consolidation Omnibus Budget Reconciliation
Act) can participate at the same premium rate as active Employees until age 65. The City will not contribute any
money towards these benefits.
Coverages and levels 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.
9.08 Eligibility: Medical and Dental Insurance: To be eligible for the full dollar Employer contribution for
single insurance, an Employee must be regularly employed at least 1560 hours per year.
ARTICLE 10
LEAVES OF ABSENCE
10.01 Sick Leave:
10.011 Accrual - 12-Month Employees: Sick leave with pay shall be granted to all probationary
and regular Employees at the rate of one (1), eight (8) hour working day for each calendar month of
full-time service. For this purpose, one (1) calendar month shall be any month in which an Employee is
paid for twelve (12) or more working days (ninety-six [96] working hours). Regular part-time employees
over 20 hours per week receive a prorated accrual based on hours worked relative to full-time hours
worked. Seasonal/temporary Employees are not eligible for sick leave accrual benefits.
Employees will not be allowed to accrue more than 960 hours (120 days) of sick leave. Once an
Employee accrues 960 hours they will not accrue additional time unless the number of hours drops
below 960.
10.012 Reporting: Each Employee shall be informed of their unused accrued sick leave on their
paycheck.
10.013 Application: Sick leave shall be deducted from the accrued sick leave days earned by
an Employee. If a holiday falls within the time an Employee is on paid sick leave, that day shall not be
counted against accumulated sick leave. Sick leave pay shall be approved only upon submission of a
request form. Such form shall be readily available at each Employee location.
10.014 Death of Employee's or Spouse's Family: All full-time regular Employees will be
allowed up to 3 days paid funeral leave, if requested. This applies for the death of any immediate
family, meaning: mother, father, spouse, child, aunt, uncle, niece, nephew, step-child, siblings, in-laws,
and grandparents and grandchild. This time will not be deducted from any accruals of the Employee.
10.015 Sick Leave of Employee's or Spouse's Family and Illness: Pursuant to Minn. Stat.
181.9413, eligible Employees may use up to 160 hours of sick leave in any 12-month calendar period
for absences due to an illness or injury to the Employee's adult child, spouse, sibling, parent,
grandparent, stepparent, parent-in-laws (mothers-in-law and fathers-in-law) and grandchildren
(biological, adopted or foster grandchildren). This leave is inclusive of, not in addition to, the FMLA
leave described in section 10.06.
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10.016 Donation of Sick Leave: As provided for in the Employee Handbook (revised 12/10/18),
with the approval of the city administrator, 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 medical 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.
10.017 Bone Marrow or Organ Donation: A paid medical leave of absence of up to 40 hours
may be granted to qualifying Employees per Minnesota Statues 181.945 for the purposes of undergoing
a medical procedure to donate bone marrow or an organ. A physician's statement is required, verifying
the purpose and length of leave requested. If there is a medical determination that the Employee does
not qualify to donate bone marrow or an organ, the paid leave prior to that medical determination is
not forfeited.
10.018 Severance Pay: Employees leaving the City in good standing by either retirement or
resignation will receive 100% of their accrued vacation leave. Each Employee with at least three (3)
years but less than twelve (12) years, of full time service will receive, upon termination of employment
in good standing, 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 termination of employment in
good standing, 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.
10.019 Healthcare Savings Plan: Employees are eligible to 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. 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 to the Post Employment Health Care Savings Plan shall be made as follows:
Employee Payroll Contribution:
Employees with 0-5 years of service will contribute 0% of pay. Employees with over 5 years of service
will contribute 1% of pay.
Severance Contribution to Employment Health Care Savings Plan:
Employees with 0-5 years of service will contribute 0% of severance pay. Employees with over 5 years
of service will contribute 100% of severance pay.
10.02 Worker's Compensation: Employees receiving Worker's Compensation benefits because of job
connected injury or sickness shall, if he/she assigns his/her check to the City, receive full wages for that period not
to exceed 90 days and to the extent that Employee's sick leave is accrued. Or, if any Employee is receiving Worker's
Compensation benefits and does not assign his/her check, he/she will be paid for the difference between the
Workers' compensation allowance and his/her regular weekly pay for a period not to exceed 90 days and to the
extent that Employee's sick leave is accrued.
10.03 Medical Leave: See FMLA Criteria in 10.06.
10.04 Child Care Leave of Absence:
10.041 Eligibility: A pregnant Employee shall have all rights for which they qualify under this
contract, which may include accrued sick leave, short-term disability, long-term disability, and any other
rights afforded under this contract for disability due to pregnancy, delivery, and recovery.
10.042 Length: Any full-time Employee shall have the right to receive a child care leave of up to
six (6) months without pay or fringe benefits and without loss of seniority, subject to the provisions of
this article for the purpose of maternity, adoption, or combination thereof. This leave is inclusive of,
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not in addition to, the FMLA leave described in section 10.06.
10.043 Notice: The Employee applying for the provisions of this article shall give the Employer
notice in writing of the request for child care to anticipated commencement of leave and shall present
therewith the written medical certification from the physician of the Employee's pregnant condition and
of the Employee's expected date of delivery, and/or evidence of adoption or pre-school child care.
10.044 Retention of Benefits: If the Employee qualifies and returns to work in accordance with
the above, either to the Employee's original job or to a position of like status and pay, the Employee
will be given credit for the seniority accrued up to the time of leaving as well as the seniority the
Employee would have accrued had the Employee been available for work during the period of the
Employee's absence.
10.045 Conformance to Law: The provisions of this section are subject to such amendment or
modification as may be required to comply with any future applicable state or federal laws or regulations
which may become binding upon the parties hereto.
10.05 Military leave: Military leave shall be granted pursuant to applicable laws.
10.06 Federal Family and Medical Leave: Leaves shall be granted to eligible Employees in accordance
with the Federal Family and Medical Leave Act (FMLA), as amended.
10.07 Closing Due to Adverse Weather Conditions: When it is necessary to close operations due to
adverse weather conditions, Employees will be paid for the hours closed as approved at the discretion of the City
Administrator. When City offices remain open, those Employees who are unable to report to work may take their
unused vacation leave to make up for time lost.
ARTICLE 11
VACATIONS
11.01 Earned Vacation Accruals:
0-5 years of service earn 10 days of vacation time
6-10 years of service earn 15 days of vacation time
11-15 years of service earn 18 days of vacation time
16 years of service earn 19 days of vacation time
17 years of service earn 20 days of vacation time
18 years of service earn 22 days of vacation time
19 years of service earn 23 days of vacation time
20+ years of service earn 24 days of vacation time
11.02 Usage and Reporting: Employees may not accrue more than 240 hours of vacation, at the end of the
fiscal year. Each Employee shall be informed of their unused accrued vacation on their paycheck. Vacation can
be used after 6 months of service, from start date. Regular part-time employees over 20 hours per week receive
a prorated accrual based on hours worked relative to full-time hours worked. Seasonal and temporary employees
are not eligible.
11.03 Placement: Employer may place new hires and current Employees in the 0–5 range of years of service
or the 6–10 years of service.
ARTICLE 12
HOLIDAYS
12.01 Full-time: Full-time Employees shall be granted twelve (13) paid holidays as follows:
New Year's Day
Martin Luther King Jr. Day
Presidents Day
Memorial Day
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Juneteenth
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving Day
Business Day Before Federal Christmas Holiday
Federal Christmas Holiday
Floating Holiday (1) Employee option if not designated by the City.
ARTICLE 13
VACANCIES AND JOB POSTING
13.01 Posting of Vacancies: All permanent vacancies in the appropriate unit shall be posted.
13.02 Application for Vacancies: All Employees under this agreement, including those on lay-off status,
may submit application in writing for any vacancy which is posted pursuant to this Article.
13.03 Remote Notice: All Employees who are not actively working may access the City of Orono website.
13.04 Filling Vacancies: Notice of the candidate selected to fill the vacancy shall be given to the designated
steward and the Union office upon submission of the information to payroll.
13.05 Promotion Positions:
13.051 For purposes of this section, a promotion is defined as moving to a classification involving
an increase in pay per hour.
13.052. Promotion probationary period will be three (3) months, during which time Employees may
be reassigned to their previous position at Employer's discretion.
13.06 Trial Period: New Position: Within the first three (3) months actually worked in the new position, the
Employee has the right to return to the position formerly held.
ARTICLE 14
SENIORITY
14.01 Seniority: Seniority will be determined by an Employee's length of continuous full time service with the
Employer and posted in an appropriate location. Seniority will be a factor for transfers, promotions, and layoffs when
all job-relevant qualification factors are equal.
14.02 Layoffs: The Employer shall determine the position(s) in the classification which are to be eliminated
provided, however, that all Employees in the temporary and part-time positions shall be laid off before regular
Employees. Layoffs shall be in reverse seniority order provided Employee can perform work available.
ARTICLE 15
DISCIPLINE, DISCHARGE AND PROBATIONARY PERIOD
15.01 Probationary Period: An Employee under the provisions of this Agreement shall serve a probationary
period of 180 days (6 months) of continuous service with the Employer during which time the Employer shall have
the unqualified right to suspend without pay, discharge, or otherwise discipline such Employee: and during this 6
month probationary period, the Employee shall have no recourse to the grievance procedure, insofar as
suspension, discharge, or other discipline is concerned. By mutual agreement between Employer and Union the
probationary period may be extended an additional 90 days.
However, a probationary Employee shall have the right to bring a grievance on any other provision of the contract
alleged to have been violated.
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15.02 Completion of Probationary Period: An Employee who has completed the probationary period
may be suspended without pay, discharged, or disciplined only for cause. An Employee who has completed the
probationary period and is suspended without pay, discharged, or otherwise disciplined shall have access to the
grievance procedure.
ARTICLE 16
GRIEVANCE PROCEDURE
16.01 Grievance Definition: A "grievance" shall mean an allegation by an Employee resulting in a dispute
or disagreement between the Employee and the Employer as to the interpretation or application of terms and
conditions of employment insofar as such matters are contained in this Agreement.
16.02 Representative: The Employee or Employer may be represented during any step of the procedure by
any person or agent designated by such party to act in his behalf.
16.03 Time Limitation and Waiver: Grievances shall not be valid for consideration unless the grievance is
submitted in writing and on forms provided, to the City Administrator setting forth the facts and the specific
provisions of the Agreement allegedly violated and the particular relief sought within twenty-one (21) business days
after the date the event giving rise to the grievance occurred. Failure to file any grievance within such period shall
be deemed a waiver thereof. Failure to appeal a grievance from one level to another within the time periods
hereafter provided shall constitute a waiver of the grievance.
16.04 Adjustment of Grievances: An effort shall first be made to adjust an alleged grievance informally
between the Employee and the immediate supervisor. If this effort is unsuccessful, the grievance shall then be
adjusted in the following manner:
Level I: If the grievance is not resolved through informal discussions, the immediate supervisor shall
give a written decision on the grievance to the parties involved within ten (10) business days after
receipt of the written grievance.
Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed
to the City Administrator, provided such appeal is made in writing within five (5) business days after
receipt of the decision in Level L If a grievance is properly appealed, Employer shall set a time to meet
regarding the grievance within fifteen (15) business days after receipt of the appeal. Within ten (10)
business days after the meeting, the City Administrator or his designee shall issue a decision in writing
to the parties involved.
16.05 Arbitration Procedures: In the event that the Employee, the Union and the Employer are unable to
resolve any grievance, the grievance may be submitted to arbitration as defined herein:
16.051 Request: A request to submit a grievance to arbitration must be in writing signed by the
aggrieved party, and such request must be filed in the office of the City Administrator within twenty
(20) business days following the decision in Level II of the grievance procedure.
16.052 Prior Procedure Required: No grievance shall be considered by the arbitrator which has
not been first duly processed in accordance with the grievance procedure and appeal provisions.
16.053 Selection of Arbitrator: Upon the proper submission of a grievance under the terms of
this procedure, the parties shall within ten (10) business days after the request to arbitrate attempt to
agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may
request the Bureau of Mediation Services to furnish a list of five (5) arbitrators. The parties will
alternately strike names from the list of arbitrators until only one (1) name remains. The employee will
strike the first name. The remaining arbitrator will hear and decide the grievance. The request shall ask
that the appointment be made within thirty (30) business days after the receipt of said request. Failure
to agree upon an arbitrator or the failure to request an arbitrator from the Bureau of Mediation Services
within the time periods provided herein shall constitute a waiver of the grievance.
16.054 Submission of Grievance Information: Upon appointment of the arbitrator, the parties
shall provide the arbitrator the submission of the grievance which shall include the following:
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1. The issues involved.
2. Statement of facts.
3. Position of the grievant.
16.055 Hearing: The grievance shall be heard by a single arbitrator and both parties may be
represented by such person or persons as they may choose and designate, and the parties shall have
the right to a hearing at which time both parties will have the opportunity to submit evidence, offer
testimony, and make oral and written arguments relating to the issues before the arbitrator. The
proceeding before the arbitrator shall be a hearing de novo.
16.056 Decisions: The decision by the arbitrator shall be rendered within thirty (30) business
days after the close of the hearing. Decision by the arbitrator in cases properly before him/her shall
be final and binding upon the parties, subject however, to the limitations of arbitration decisions as
provided by the PELRA.
16.057 Expenses: Each party shall bear its own expenses in connection with arbitration, including
expenses relating to the party's representatives, witnesses, and any other expenses which the party
incurs in connection with presenting its case in arbitration. A transcript or recording shall be made
of the hearing at the request of either party and the cost shall be borne by the requesting party or, if
the request is mutual, the cost shall be shared. The parties shall share equally fees and expenses of
the arbitrator and any other expenses which the parties mutually agree are necessary for the conduct
of the arbitration, provided that each party shall be responsible for compensating its own
representatives and witnesses.
16.058 Jurisdiction: The arbitrator shall have jurisdiction over disputes or disagreements relating
to grievances properly before the arbitrator pursuant to the terms of this procedure. The jurisdiction of
the arbitrator shall not extend to proposed changes in terms and conditions of employment as defined
herein and contained in this written Agreement; nor shall an arbitrator have jurisdiction over any
grievance which has not been submitted to arbitration in compliance with the terms of the grievance
and arbitration procedure as outlined herein.
16.06 Waiver: If a grievance is not presented in the manner and within the time limits set forth above, it shall
be considered waived. If a grievance is not appealed to the next step in the manner and within the specific time limit
set forth above, it shall be considered settled on the basis of the Employer's last offer. Employer will act in good
faith to answer a grievance within the time limits set forth above. If the Employer does not answer a grievance within
the time limits set forth above, it is deemed denied.
ARTICLE 17
DISCIPLINE
17.01. Progressive Discipline:
17.011 The Employer will discipline non-probationary Employees for just cause only. Discipline
will be in one (1) or more of the following forms:
A. Oral reprimand
B. Written reprimand
C. Suspension
D. Demotion, or
E. Discharge
17.012 Written reprimands, notices of suspensions, notices of demotion and notices of discharge
which are to become part of an Employee's personnel file will be read and acknowledged by signature
of the Employee. Employee and the Union will receive a copy of such reprimands and/or notices. After
24 months written reprimands will be removed from the Employee's personnel file.
17.013 Employees may examine their own individual personnel files once every six months in
accordance with the data practice act.
17.014 Employees will not be questioned concerning an investigation of disciplinary action unless
14 224195v1
the Employee has been given adequate opportunity to have a Union representative present at such
questioning.
17.015 Grievances relating to this article shall be initiated by the Union at Level 2 of the grievance
procedure under Article 16 of this Agreement.
ARTICLE 18
MISCELLANEOUS
18.01 Jury Duty Pay: An Employee who is called for jury duty will be reimbursed for the difference between
the amount paid for such services and the Employee's straight time hourly rate for regularly scheduled hours of
work during the period of service. Employees will be expected to report for their regular duties when temporarily
excused from attendance at court. Such Employees shall not suffer any loss of seniority during such absences.
18.02 Automobile: A mileage allowance, as set by the IRS rates, shall be paid for authorized use of personal
cars in connection with Employer business.
18.03 Bond: Should the Employer require that any Employee covered under this Agreement be bonded, the
premium on such bond shall be paid by the Employer.
18.04 Notices to Union: All orders or notice to an Employee under this Agreement involving a permanent
change in assignment, promotion, or lay-off, and leaves of absences shall be given in writing with a copy of same
sent to the union office.
18.05 Deferred Compensation: The City shall offer a deferred compensation plan to Employees.
18.06 Union Stewards: The Employer recognizes the right of the Union to designate stewards from the
Employees to handle such Union business as may from time-to- time be delegated to such stewards or committee
by the Union's executive board.
18.07 Application of Benefits: It is understood and agreed by the parties that Insurance Benefits (Article 9),
Leave Provisions (Article 10), Vacations (Article 11), and full Holidays (Article 12) are benefits designated for
Employees performing services 30 hours per week.
18.08 New Positions: In the event the Employer creates new positions in the appropriate unit that are not
covered by the present classification structure in the Agreement, prior to establishing the position, the Employer
shall indicate to the Union the proposed classification and structure of the position and in the event of disagreement,
the Union shall have the right to meet and negotiate pursuant to the P.E.L.R.A. on the compensation for such
position. For purposes of this provision, in the event of impasse, the impasse procedures of the P.E.L.R.A. may be
utilized.
18.09 Involuntary Reductions: Full-time Employees whose hours are involuntarily reduced shall receive
pro-rata leave, vacation and holiday benefits.
18.10 Status Change: In the event an existing position is proposed to be reduced from full- time to part-
time, the Employer will discuss such reduction with the Union prior to implementation.
18.11 Waiver: The parties mutually acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands with respect to any term or condition
of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties
are set forth in writing in this Agreement. The Employer and the Union each voluntarily waives the right to meet
and negotiate regarding any and all terms and conditions of employment, whether or not referred to or covered by
this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation
of either or both of the parties at the time that this contract was negotiated or executed.
ARTICLE 19
DURATION
15 224195v1
19.01 Terms and Reopening Negotiations: This Agreement shall remain in full force and effect for a period
commencing January 1, 2023 through December 31, 2025 and thereafter pursuant to the P.E.L.R.A. If either party
desires to modify or amend this Agreement commencing on January 1, 2023, it shall give written notice of such
intent no later than 60 days before the expiration of the Contract.
19.02 Effect: This agreement constitutes the full and complete Agreement between the Employer and the
exclusive representative. The provisions herein relating to terms and conditions of employment supersede any
and all prior agreements, resolutions, practices, Employer policies, rules, or regulations concerning terms and
conditions of employment inconsistent with these provisions.
19.03 Finality: Any matters relating to the current contract term, whether or not referred to in this Agreement,
shall not be open for negotiation during the term of this Agreement except if mutually agreed by the parties.
19.04 Severability: The provisions of this Agreement shall be severable, and if any provision thereof or
the application of any such provision under any circumstances is held invalid, it shall not affect any other
provision of this Agreement or the application of any provision thereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
Office and Professional Employees City of Orono
International Union, Local 12, AFL-CIO
277 Highway 36, Suite 301
Roseville, MN 55113
By: ______________________________ By: ____________________________
Business Agent Dennis Walsh, Mayor
Dated: ___________________________ By: _____________________________
16 224195v1
Exhibit A
2023 OPEIU Local 12
Grade Positions Start Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
5 Administrative Assistant, CSO $ 25.12 $ 25.89 $ 26.69 $ 27.52 $ 28.37 $ 29.25 $ 30.15 $ 31.08
6 Resource Management Assistant $ 26.72 $ 27.55 $ 28.40 $ 29.28 $ 30.18 $ 31.11 $ 32.08 $ 33.07
7 Management Assistant, Planning Assistant $ 28.42 $ 29.30 $ 30.21 $ 31.14 $ 32.11 $ 33.10 $ 34.12 $ 35.18
10 Building Inspector, IT Technician $ 34.23 $ 35.29 $ 36.38 $ 37.50 $ 38.66 $ 39.86 $ 41.09 $ 42.36
11 Accountant, City Planner, $ 36.41 $ 37.54 $ 38.70 $ 39.90 $41.13 $ 42.40 $ 43.71 $ 45.07
12 Building Official $ 38.74 $ 39.93 $ 41.17 $ 42.44 $ 43.76 $ 45.11 $ 46.50 $ 47.94
2024 OPEIU Local 12
Grade Positions Start Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
5 Administrative Assistant, CSO $ 25.87 $ 26.67 $ 27.49 $ 28.34 $ 29.22 $ 30.12 $ 31.06 $ 32.02
6 Resource Management Assistant $27.52 $28.37 $ 29.25 $ 30.15 $31.09 $ 32.05 $ 33.04 $ 34.06
7 Management Assistant, Planning Assistant $ 29.28 $ 30.18 $ 31.12 $ 32.08 $ 33.07 $ 34.09 $ 35.15 $ 36.23
10 Building Inspector, IT Technician $ 35.25 $ 36.34 $ 37.47 $ 38.63 $ 39.82 $ 41.05 $ 42.32 $ 43.63
11 Accountant, City Planner, $ 37.50 $ 38.66 $ 39.86 $ 41.09 $ 42.36 $ 43.67 $ 45.02 $ 46.42
12 Building Official $ 39.90 $ 41.13 $ 42.40 $ 43.72 $ 45.07 $ 46.46 $ 47.90 $ 49.38
2025 OPEIU Local 12
Grade Positions Start Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
5 Administrative Assistant, CSO $ 26.65 $ 27.47 $ 28.32 $ 29.19 $ 30.10 $ 31.03 $ 31.99 $ 32.98
6 Resource Management Assistant $ 28.35 $ 29.22 $ 30.13 $ 31.06 $ 32.02 $ 33.01 $ 34.03 $ 35.08
7 Management Assistant, Planning Assistant $ 30.16 $ 31.09 $ 32.05 $ 33.04 $ 34.06 $ 35.12 $ 36.20 $ 37.32
10 Building Inspector, IT Technician $ 36.31 $ 37.44 $ 38.59 $ 39.79 $ 41.02 $ 42.29 $ 43.59 $ 44.94
11 Accountant, City Planner, $ 38.63 $ 39.82 $ 41.06 $ 42.33 $ 43.63 $ 44.98 $ 46.38 $ 47.81
12 Building Official $ 41.10 $ 42.37 $ 43.68 $ 45.03 $ 46.42 $ 47.86 $ 49.34 $ 50.86
AGENDA ITEM
Prepared By: Reviewed By:A. Carlson Approved By:
1.Purpose. The purpose of the action item is to approve a collective bargaining agreement (CBA)
between the City and IUOE, Local 49 for 2023-2025.
2.Background / Summary. International Union of Operating Engineers (IUOE), Local 49 represents
the city’s Public Works and Parks Employees. The current agreement expires at the end of 2022. The
city staff and union official have been negotiation since early spring to come to new agreement.
3.New Agreement Highlights. The complete agreement is at exhibit A.
a.Duration. Three years 2023-2025.
b.Wages. Increases pay by 9% in 2023, with a 3% COLA in 2024 and a 3% COLA in 2025.
c.Longevity. Longevity pay is increased from $0.05 per hour per year to $0.10 per hour per year
for those over 8 years of service.
d.Holidays. Recognizes Juneteenth as a holiday.
4.Staff Recommendation. I recommend approval of the agreement.
COUNCIL ACTION REQUESTED
Motion to approve the Collective Bargaining Agreement with IUOE Local 49 at Exhibit A.
Exhibits
A.Agreement between City Of Orono, MN and IUOE, Local 49; effective January 1, 2023 through
December 31, 2025.
Item No.: 6 Date: November 28, 2022
Item Description: Approval of Collective Bargaining Agreement with IUOE Local 49
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
Consent Agenda
0
Between
THE CITY OF ORONO
And
INTERNATIONAL UNION OF
OPERATING ENGINEERS,
LOCAL NO. 49
AFL-CIO
January 1, 2023 through December 31, 2025
0
TABLE OF CONTENTS
ARTICLE PAGE
Article 1 Purpose of Agreement ...........................................................................................1
Article 2 Recognition .............................................................................................................1
Article 3 Definitions ...............................................................................................................1
Article 4 Employer Security .................................................................................................2
Article 5 Union Security ........................................................................................................2
Article 6 Employer Authority ...............................................................................................3
Article 7 Savings Clause ........................................................................................................3
Article 8 Employee Rights/ Grievance Procedure ..............................................................4
Article 9 Progressive Discipline ............................................................................................6
Article 10 Job Safety/ Training ..............................................................................................6
Article 11 Work Schedules ......................................................................................................7
Article 12 Overtime Pay ..........................................................................................................7
Article 13 On Call / Call Back Pay .........................................................................................7
Article 14 Seniority ..................................................................................................................7
Article 15 Job Vacancies ........................................................................................................8
Article 16 Probationary Period ..............................................................................................8
Article 17 Compensation .........................................................................................................8
Article 18 Vacations .................................................................................................................8
Article 19 Sick Leave ...............................................................................................................9
Article 20 Leave .....................................................................................................................10
Article 21 Insurance ..............................................................................................................10
Article 22 Holidays ................................................................................................................11
Article 23 Uniforms ...............................................................................................................12
Article 24 License and Training ..........................................................................................12
Article 25 Legal Protection ...................................................................................................12
Article 26 Waiver ...................................................................................................................12
Article 27 Central Pension Fund ..........................................................................................13
Article 28 Duration ................................................................................................................13
Appendix A 2021-2022 Wage Schedules..................................................................................15
Appendix B Central Pension Fund ..........................................................................................17
1
ARTICLE 1 - PURPOSE OF AGREEMENT
This Agreement is entered into between City of Orono, hereinafter referred to as the Employer,
and International Union of Engineers, Local No. 49, hereinafter referred to as the Union. It is the
intent and purpose of this Agreement to:
1.1 Establish the foundation for a harmonious and effective labor-management relationship;
1.2 Establish certain hours, wages and other conditions of employment
1.2 Establish procedures for the resolution of disputes concerning the Agreement's
interpretation and/or application; and
1.3 Place in written form the parties' full and complete agreement upon terms and conditions
of employment for the duration of this Agreement.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for all employees in
the job classifications listed below who are public employees within the meaning of Minn.
Stat. § 179A.03, Subdivision 14 excluding confidential and all other employees:
Public Works Supervisor (Utilities)
Public Works Maintenance Worker
Parks Maintenance Worker
Public Works Mechanic
Public Works Supervisor (Streets and Storm)
ARTICLE 3 – DEFINITIONS
3.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO.
3.2 EMPLOYER: The City of Orono
3.3 UNION MEMBERS: Members of the International Union of Operating Engineers, Local
No. 49, AFL-CIO.
3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.5 BASE PAY RATE: The employee’s hourly rate exclusive of any special allowances.
3.6 OVERTIME: Overtime is defined for Public Works Employees as all hours in excess of
forty (40) hours per week Monday – Friday; all hours worked on Saturday and Sunday and
all hours worked on a non-weekend holiday. Overtime is defined for Parks Employees as
all hours in excess of forty (40) hours per week Monday – Sunday; all hours worked on a
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non-weekend holiday. Overtime shall be paid at one and one half (1-1/2) times employee’s
regular rate of pay.
3.7 CALL BACK: Return of an employee to a specified work site to perform assigned duties
at the express authorization of the Employer at a time other than a scheduled shift. An
extension of or an early report to a scheduled shift is not a call back.
3.8 COMPENSATORY TIME: Time off the employee's regularly scheduled work schedule
pay that is in lieu of cash overtime.
3.9 IMMEDIATE FAMILY: Means Mother, Father, Legal Guardian, spouse, son, daughter,
brother or sister.
3.10 PROBATIONARY PERIOD: Means minimum six (6) months of continuous employment
up to twelve (12) months with an extension period not to exceed six (6) months. Employer
shall notify the union with all extensions over twelve (12) months. The City may terminate
a Probationary Employee any time in its sole discretion.
3.11 RESIGNATION IN GOOD STANDING: An employee leaving service with the Employer
after giving 14 days written notice stating the effective date, providing the employee has
not been discharged for misconduct.
ARTICLE 4 – EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement neither the Union, its officers or
agents, nor any of the employees covered by this Agreement, will engage in, encourage,
participate in, or support any strike, sympathy strike, slowdown, or other interruption of or
interference with the normal functions of the Employer, except as specifically allowed by
Public Employment Labor Relations Act of 1971, as amended.
ARTICLE 5 – UNION SECURITY
5.1 The Employer shall deduct an amount sufficient to provide the payment of regular dues
and/or other union approved deductions, established by the Union, from the wages of
employees authorizing, in writing, such deduction on a form mutually agreed upon by the
Employer and the Union. The deduction of dues shall commence 30 working days after
initial employment with the Employer.
5.2 All Employees who have completed thirty (30) calendar days of employment shall become
members of the Union and shall maintain their membership in good standing. “In good
standing,” for the purpose of this Agreement, is defined as to mean the payment of a
standard initiation fee and standard regular monthly and or administrative dues uniformly
required as a condition of acquiring or retaining membership in the Union.
5.3 The Employer shall remit such deduction to International Union of Operating Engineers
Local No. 49, with a list of the names of the employees from whose wages deductions were
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made, along with pertinent employee information necessary for the collection and
administration of union dues, preferably in an Excel formatted report that may be
electronically transmitted, or by U.S. mail.
The Union shall certify to the Employer, in writing, the current amount of regular dues to
be withheld. The Union shall provide the formula or schedule (if applicable) to calculate
the actual dues deduction to the Employer and will provide a spreadsheet that can be used
to calculate the actual dues, along with any set amount for local assessments, in an
electronic Excel format or via U.S. Mail.
5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims,
suits, orders, or judgments brought or issued against the Employer by a union member as
a result of any action taken by the Employer under all provisions of this Agreement
pertaining to dues or other union approved deductions.
5.5 The Union may designate employees from the Bargaining Unit to act as stewards and will
inform the Employer in writing of such choices and changes in the position of stewards
immediately.
5.6 The Employer will make space available on a workplace bulletin board for the posting of
union notices and announcements and any other pertinent union information.
5.7 With advance notice to the employee's immediate supervisor, the Employer agrees that
during working hours, on the Employer's premises, and without loss of pay, the local union
business agent or designated union representative shall be allowed reasonable time, which
does not unduly interfere with his/her normal duties, to: post union notices and
announcements or consult with the Employer, its representative, local union officers, or
other union representatives concerning grievances. Employees must keep track of their
time spent on union activities during the workday so that time can be reviewed for
reasonableness by the Employer.
5.8 The Employer shall permit union officers to utilize employer voicemail and email systems
only for the purpose of notifying union members of union membership meetings. Union
officials may come onto the Employer’s property to conduct union business, but only after
reasonable advanced notice to the Employer and only when it does not interfere with
Employees’ work duties.
ARTICLE 6 – EMPLOYER AUTHORITY
6.1 The Employer retains the full and unrestricted right to operate and manage all manpower,
facilities and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure; to select, direct and determine the number of personnel; to establish work
schedules, and to perform any inherent managerial function not specifically limited by this
Agreement.
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ARTICLE 7 – SAVINGS CLAUSE
7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Orono. In the event that any provision of this Agreement shall be held to be
contrary to the law by a Court of competent jurisdiction or administrative agency from
whose final judgment or decree no appeal is made within the time provided, or is in
violation of legislative or administrative regulations such provision shall be voided. All
other provisions of this Agreement shall continue in full force and effect. The voided
provisions shall be renegotiated upon written request of either party.
ARTICLE 8 – EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE
8.1 A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this Agreement.
8.2 Union Representative. The Employer will recognize representatives designated by the
Union as the grievance representatives of the bargaining unit. The Union shall notify the
Employer in writing of the names of such Union representatives and of their successors
when so designated.
8.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer
that the processing of grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during normal
working hours only when consistent with such employee duties and responsibilities. The
aggrieved employee and the Union representative shall be allowed a reasonable amount of
time without loss in pay when a grievance is investigated and presented to the Employer
during normal working hours provided the employee and the Union representative have
notified and received the approval of the designated supervisor.
8.4 Procedure. Grievances, as defined by Section 8.1, shall be resolved in conformance with
the following procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of
this Agreement shall, within twenty-one (21) calendar days after such alleged violation has
occurred, present such grievance to the Employer. At this step, the grievance may be
presented in writing. The Employer will discuss and give an answer, in writing, to such
Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in
Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the
grievance, the facts on which it was based, the provision or provisions of the Agreement
allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten
(10) calendar days after the Employer’s final answer in Step 1. Any grievance not appealed
in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and discussed
with the Employer -designated Step 2 representative. The Employer-designated
representative shall give the Union the Employer’s Step 2 answer in writing within Ten
213944v6
(10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step
2 may be appealed to Step 3 within Ten (10) calendar days following the Employer-
designated representative’s final Step 2 answer. Any grievance not appealed in writing to
Step 3 by the Union within ten (10) calendar days shall be considered waived.
Step 3. A grievance unresolved in Step 2 and appealed to Step 3 shall be submitted to
mediation or arbitration. The Employer and the Union representative shall endeavor to
select a mutually acceptable arbitrator to hear and decide the grievance. If the parties
cannot agree on an arbitrator, the selection of an arbitrator shall be made in accordance
with the Rules established by the Bureau of Mediation Services.
The Union and the Employer will endeavor to select a mutually acceptable arbitrator to
hear and decide the grievance. If the Union and the Employer are unable to agree on an
arbitrator, they may request, from the Director of the Bureau of Mediation Services, a list
of qualified arbitrators. The parties will alternately strike names from the list of arbitrators
until only one (1) name remains. The remaining arbitrator will hear and decide the
grievance. If the parties are unable to agree on who will strike the first name the question
will be decided by the flip of a coin.
8.5 Arbitrator’s Authority. The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the issue(s) submitted by the Employer and the Union in writing
and shall have no authority to make a decision on any other issue not so submitted.
The arbitrator shall be without power to make decisions contrary to, or inconsistent with,
or modifying or varying in any way the application of laws, rules or regulations having the
force and effect of law. The arbitrator’s decision shall be submitted to both parties in
writing within thirty (30) days following the close of the hearing or the submission of briefs
by the parties, whichever be later, unless the parties agree to an extension. The decision
shall be binding on both the Employer and the Union and shall be based solely on the
arbitrator’s interpretation or application of the express terms of this Agreement and to the
facts of the grievance presented.
The fees and expenses for the arbitrator’s services and proceedings shall be borne equally
by the Employer and the Union provided that each party shall be responsible for
compensating its own representatives and witnesses. One (1) union steward shall receive
their regular wages for the time spent in the arbitration proceeding, if during regular work
hours. If either party desires a verbatim record of the proceedings, it may cause such a
record to be made, providing it pays for the record. If both parties desire a verbatim record
of the proceedings the cost shall be shared equally.
WAIVER: If a grievance is not presented within the time limits set forth above, it shall be
considered “waived”. If a grievance is not appealed to the next step within the specific
time limit or any agreed extension thereof, it shall be considered settled on the basis of the
Employer’s last offer. If the Employer does not answer a grievance it is deemed denied.
213944v6
The time limit for each Step may be extended by mutual agreement of the Employer and
the Union.
ARTICLE 9 – DISCIPLINE
9.1 For the purpose of this article, an employee shall be any employee having successfully
completed the employee’s probationary period.
9.2 The Employer will discipline employees for just cause only. Discipline maybe in one (1)
or more of the following forms:
A. Oral reprimand
B. Written reprimand
C. Suspension (paid or unpaid)
D. Demotion, or
E. Discharge
9.3 Written reprimands, notices of suspensions, notices of demotion and notices of discharge
which are to become part of an employee’s personnel file will be read and acknowledged
by signature of the employee. Employees and the Union will receive a copy of such
reprimands and/or notices. After 24 months written reprimands will be removed from
employee’s personal file. Provided the Employer’s adopted and approved data retention
policy allows for the destruction of the discipline.
9.4 Employees may examine their own individual personnel files once every six months in
accordance with data practice act.
9.5 Employees will not be questioned by an individual not part of this Union concerning an
investigation of disciplinary action unless the employee has been given adequate
opportunity to have a Union representative present at such questioning.
9.6 Grievances relating to this article shall be initiated by the Union at Step 2 of the grievance
procedure under Article 8 of this Agreement.
ARTICLE 10 – JOB SAFETY / TRAINING
10.1 Accident and injury free operations shall be the goal of all Employers and employees. To
this end, the Employer and employee will, to the best of their ability, abide by and live up
to the requirements of all State and Federal Laws.
10.2 The Employer shall issue rules and notices to the employees regarding on the job safety
requirements. No employee may be discharged for refusing to work under unsafe
conditions.
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10.3 The time an employee spends attending training during their scheduled shift, approved by
the Employer shall be considered working hours for the purpose of computing wages and
other benefits provided by this Agreement.
ARTICLE 11 – WORK SCHEDULES
11.1 The sole authority in work schedules is the Employer. The normal regular work day shall
be eight (8) hours. The normal work week for Public Works Employees shall be forty (40)
hours Monday through Friday. Public Works normal scheduled work hours are from 7:00
a.m. to 3:30 p.m. The normal work week for Parks Employees shall be forty (40) hours
Monday through Sunday.
11.2 Rest breaks are provided one (1) 15 minute in break in the first half of the scheduled 8-
hour work shift and one (1) 15 minute in the second half of the eight (8) hour shift. Breaks
shall be taken near location the employee is currently working.
ARTICLE 12 – OVERTIME PAY
12.1 Overtime is defined for Public Works Employees as all hours in excess of forty (40) hours
per week Monday – Friday; all hours worked on Saturday and Sunday and all hours worked
on a non-weekend holiday. Overtime is defined for Parks Employees as all hours in excess
of forty (40) hours per week Monday – Sunday; all hours worked on a non-weekend
holiday. Overtime shall be paid at one and one half (1-1/2) times employee’s regular rate
of pay.
12.2 All hours on in pay status in excess of (40) hours per week, employees have the option to
use this time as compensatory time.
12.3 Compensatory Time: Accumulated compensatory time limit is forty (40) hours. Prior to
December 31st of each year, an employee must cash out all but 20 hours of compensatory
time and those remaining hours not cashed remain available for use in the following
year.
12.4 All Employees may be required to work overtime as defined in Article 12. All Overtime
hours shall be distributed equally.
ARTICLE 13 – ON-CALL / CALL BACK PAY
13.1 Public Works employees designated by their supervisor to serve in an “On-Call” status on
behalf of the City shall receive six (6) hours per weekend day Saturday and Sunday (for a
total of 17 hours).
13.2 Employees who are called in to work, and physically report to work, during off-shift hours
will be entitled to a minimum of two (2) hours pay at the applicable rate. Employees who
are called during off shift hours to resolve a problem and are able to do so without
213944v6
physically reporting to work, via remote access, will be entitled to a minimum of one (1)
hour pay at the applicable rate. The acknowledgement of alarms and electronic
notifications by the on call employee is covered by the compensation described in 13.1.
ARTICLE 14 – SENIORITY
14.1 Seniority will be determined by an employee’s length of continuous full time service with
the Employer and posted in an appropriate location.
14.2 Seniority will be a factor for transfers, promotions and layoffs when all job-relevant
qualification factors are equal.
14.3 Layoff: The Employer shall determine the position(s) in the classification which are to be
eliminated provided, however, that all employees in temporary and part-time positions
shall be laid off before regular employees. Layoffs shall be in reverse seniority order
provided employee can perform work available.
ARTICLE 15 – JOB VACANCIES
15.1 Posting Vacancies: Notice of all permanent vacancies and newly created positions shall be
posted.
ARTICLE 16 – PROMOTION PERIOD
16.1 Promotion Probationary period will be twelve (12) months. Employees may be reassigned
to their previous position by Employer or on employee’s request within the first 30 days of
their promotion.
ARTICLE 17 – COMPENSATION
17.1 Rates of Pay: Employees covered by this Agreement shall be compensated in accordance
with the Salary Schedule marked Appendix A attached hereto and made a part of this
Agreement.
17.2 Employee accepting promotion shall not be paid an hourly wage less than previous held
position.
17.3 Placement into the Pay Schedule: The City has the discretion to place a new employee into
the pay schedule at a step other than the start step as the City deems appropriate.
17.4 Vacation, sick leave, compensatory time and holidays will be counted as hours worked.
ARTICLE 18 – VACATIONS
18.1 For determining an employee’s vacation accrual rate, years of service will include all
continuous time the employee has worked at the city (including authorized unpaid leave).
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Employees who are rehired after terminating city employment will not receive credit for
their prior service.
Years of Service Accrual Rate
0 through completion of 5 years 10 days (80) hours
6 through completion of 10 years 15 days (120) hours
11 through completion of 15 years 18 days (144) hours
16 years 19 days (152) hours
17 years 20 days (160) hours
18 years 21 days (168) hours
19 years 22 days (176) hours
20 years 23 days (184) hours
18.2 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.
18.4 Vacation leave with pay may not be taken unless it has been earned. Vacation can be
requested in increments as small as hour increments and up to 160 hours of the total accrued
leave balance.
18.5 Employees are allowed to transfer accrued vacation to sick leave for another employee
under certain health related circumstances. The City reserves the right of transfer on a case-
by-case basis.
18.6 Employee who terminates employment, in good standing, with vacation leave time
remaining shall be paid for their accrued vacation leave.
18.7 For the purpose of accumulating additional vacation leave an employee using vacation,
comp time used or on paid sick leave is considered to be working. If a paid holiday falls
during an employee’s vacation, the employee will not be charged vacation time for the
period of the holiday.
ARTICLE 19 – SICK LEAVE
19.1 All regular full-time Employees shall earn sick leave at the rate of eight (8) hours each
month. Employees shall accrue up a maximum of nine hundred and sixty (960) hours. In
addition, any hours over 960 hours accrued shall go into a catastrophic sick leave bank
which may be used any time the person is sick for more than 30 consecutive calendar days.
The maximum accrued in this bank is 320 hours and is not useable for severance purposes
in article 19.3.
19.2 Sick leave may be used only for days when the employee would otherwise have been at
work. It cannot be used for scheduled days off. Employee must report the reason for the
213944v6
absence within one-half (1/2) hour of the beginning of the work day to their supervisor.
Sick leave may be used to care for employee’s immediate family.
19.3 Severance Pay. Each employee with at least three (3) years, but less than twelve (12) years,
of service with the employer will receive, upon honorable termination of employment, one-
third (1/3) of the employee's accumulated sick leave as severance pay. Each employee with
twelve (12) years or more of service with the Employer will receive, upon honorable
termination of employment, one-half (1/2) of the employee’s accumulated sick leave as
severance pay. These funds shall be deposited into a designated Post-Employment Health
Care Savings Plan.
19.4 An employee may donate up to sixteen (16) hours of sick leave per calendar year to a fellow
employee.
19.5 Active Worker’s Compensation. Employees receiving Worker’s Compensation benefits
because of job connected injury or sickness shall, if he/she assigns his/her check to the
City, receive full wages for that period. Or, if any Employee is receiving Worker’s
Compensation benefits and does not assign his/her check, he/she will be paid for the
difference between the Workers’ compensation allowance and his/her regular weekly pay.
19.6 Long Term Disability Insurance. Employees may enroll in long term disability in the same
manner as the benefit is being offered to other City employees.
ARTICLE 20 – LEAVE
20.1 Funeral: All full-time regular employees shall be granted three (3) days paid leave for a
death in employee’s immediate family. Means mother, father, spouse, son, daughter, aunt,
uncle, niece, nephew, step-child, brother, sister, brother-in-law, sister in-law, mother in-
law, father in-law, grandparents and grandchild of the employee or the employee’s spouse.
ARTICLE 21 – INSURANCE
21.1 Effective January 1, 2023, In accordance with the Affordable Care Act, the EMPLOYER’s
contribution per employee receiving single medical insurance coverage is $915.00 per
month toward a cafeteria benefit plan that offers group health, life, long-term disability and
dental insurance, subject to the health insurance opt-out provisions set out in Paragraph
21.4. The EMPLOYER’s contribution per employee receiving family (employee plus
spouse and/or dependents) medical insurance coverage is $1,715.00 per month toward a
cafeteria benefit plan that offers group health, life, long-term disability and dental
insurance, subject to the health insurance opt-out provisions set out in Paragraph 21.4.
21.2 Effective January 1, 2024, In accordance with the Affordable Care Act, the EMPLOYER’s
contribution per employee receiving single medical insurance coverage is $915.00 per
month, (however, at no time shall the Employer contribution be less than 100% of the
premium cost for single coverage of the highest option medical plan available), toward a
cafeteria benefit plan that offers group health, life, long-term disability and dental
213944v6
insurance, subject to the health insurance opt-out provisions set out in Paragraph 21.4. The
EMPLOYER’s contribution per employee receiving family (employee plus spouse and/or
dependents) medical insurance coverage is the amount established in 2023, plus fifty
(50%) percent of any increase in the family medical insurance the insurance premium,
toward a cafeteria benefit plan that offers group health, life, long-term disability and dental
insurance, subject to the health insurance opt-out provisions set out in Paragraph 21.4.
21.3 Effective January 1, 2025, In accordance with the Affordable Care Act, the EMPLOYER’s
contribution per employee receiving single health insurance coverage is $915.00 per
month, (however, at no time shall the Employer contribution be less than 100% of the
premium cost for single coverage of the highest option health plan available), toward a
cafeteria benefit plan that offers group health, life, long-term disability and dental
insurance, subject to the health insurance opt-out provisions set out in Paragraph 21.4. The
EMPLOYER’s contribution per employee receiving family (employee plus spouse and/or
dependents) medical insurance coverage is the amount established in 2024, plus fifty (50%)
percent of any increase in the family medical insurance the insurance premium, toward a
cafeteria benefit plan that offers group health, life, long-term disability and dental
insurance, subject to the health insurance opt-out provisions set out in Paragraph 21.4.
21.4 Health Insurance Opt-Out Option. If a health insurance opt-out option is available with the
City's group health insurance plan, an employee who has health insurance through a group-
sponsored plan elsewhere may elect to waive health insurance coverage. An employee who
waives health insurance coverage will receive, as the City's insurance contribution, the
difference between the lowest cost single coverage health insurance plan and the City's
single insurance contribution, as set out in Paragraph 21.1 as an opt-out credit to use
through the City's cafeteria benefit plan.
ARTICLE 22 – HOLIDAYS
22.1 Recognized Holidays. Holidays include the following:
New Year’s Day …………………………………. January 1
Martin Luther King Day …………………………. Third Monday, January
President’s Day …………………………………... Third Monday, February
Memorial Day ……………………………………. Last Monday, May
Juneteenth Day ……………………………………. June 19
Independence Day ………………………………... July 4
Labor Day ………………………………………… First Monday, September
Veteran’s Day ……………………………………. November 11
Thanksgiving Day ………………………………... Fourth Thursday, November
The Day after Thanksgiving……………………… Fourth Friday in November
Christmas Eve Day……………………………….. December 24
Christmas Day …………………………………… December 25
(1) Floating holiday per calendar year…………. ... Employee option if not
designated by the City. Employee scheduled for On-Call duties and reports for duty is
eligible to reschedule floating holiday.
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22.2 Employees required to work on observed Holidays shall receive one and one-half (1-1/2)
times their regular rate.
22.3 Regular full-time Employees shall be paid at their regular rate of pay for each of the official
holidays.
ARTICLE 23 – UNIFORMS
23.1 The City will provide all City-required uniforms articles and equipment except safety boots
which are covered in article 23.2.
23.2 The Employer agrees to reimburse Employees a sum not to exceed Three Hundred
($300.00) Dollars per year for the purchase of safety shoes or boots and for approved
accessories purchased at the time of the boots. The approved list of accessories is attached
as Ex. C. Claims for the allowance may be submitted 1x per year. In the event that the
newly procured boots are wrecked while working that they will be replaced by the City
through a second annual allowance– this does not include normal wear and tear or acts of
negligence and must be approved by the department head.
23.3 Employer will provide personal protection equipment to all employees to include leather
gloves, safety glasses, safety sunglasses and hard hat ear and eye protection. Winter
insulated coverall or bib/jacket combination, tree cutting chaps for each member and winter
hat.
23.4 Designated staff will be provided a cell phone or other electronic device for city business
purposes. In lieu of a city-owned cell phone, designated staff may elect to receive a monthly
reimbursement of fifty ($50) dollars towards the cost of an employee’s personal cell phone
service which will also be used for city business purposes. Employees may have reasonable
personal use of city issued cell phone in accordance with the city cell phone policy.
ARTICLE 24 – LICENSE AND TRAINING
24.1 The City shall pay the cost of the employee’s required license fees.
24.2 The City will pay for and provide the required training for required utility and CDL
licensing upon the employee receiving prior written approval from the Employer to attend
such training.
24.3 Employees under this agreement will be reimbursed for expenses incurred during
authorized conference attendance including travel, meals and registration fees.
ARTICLE 25 – LEGAL PROTECTION
25.1 The City shall provide through insurance coverage or otherwise, defense, necessary legal
expenses and other costs to any Employee against whom a claim is made or a lawsuit is
commenced which is based upon the conduct of the Employee acting in the course of this
213944v6
employment, except for intentional torts and crimes of ordinance violations knowingly
committed by such Employee.
ARTICLE 26 – WAIVER
26.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment to the extent inconsistent with the
provisions of this Agreement, are hereby superseded.
26.2 The parties mutually acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands with respect to
any term or condition of employment not removed by law from bargaining. All agreements
and understandings arrived at by the parties are set forth in writing in this Agreement. The
Employer and the Union each voluntarily waives the right to meet and negotiate regarding
any and all terms and conditions of employment referred to or covered by this Agreement,
even though such terms or conditions may not have been within the knowledge or
contemplation of either or both of the parties at the time that this contract was negotiated
or executed.
ARTICLE 27 – CENTRAL PENSION FUND
27.1 Eligible Employees may participate in the Central Pension Fund. The City will withhold
Employee’s elections. See Appendix B.
ARTICLE 28 – DURATION
This Agreement shall be in effect from and shall remain in effect January 1, 2023 through
December 31, 2025 until thereafter unless either party gives notice as may be required by State
Statute of their desire to amend this Agreement.
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IN WITNESS WHEREOF, the parties hereto have set their signatures.
CITY OF ORONO INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL NO. 49
Date_________________________ Date_________________________
__________________________________ __________________________________
Dennis Walsh, Mayor Jason George, Business Manager
__________________________________ __________________________________
Adam T. Edwards, City Administrator Corey Bergerson, Business Representative
__________________________________
Steward
__________________________________
Steward
213944v6
APPENDIX A
Appendix A - Wages:
Wages: Wages for 2023, 2024 and 2025 shall be based on the compensation plan below.
Longevity pay: Beginning on the anniversary of the Employee’s 8th year of service, a longevity
incentive will be applied to the hourly rate of the Employee. The Employee shall receive $0.10 per
hour per year of service 8 years and above as a longevity incentive. This will be effective July 1,
2021 and will be adjusted at the employment anniversary of each Employee. This will be added
to the Employee’s hourly wage for all hours worked.
Sample Calculations:
8 (years of service) x $0.10 = $0.80; Longevity pay = $0.80 per hour.
17 (years of service) x $0.10 = $1.70; Longevity pay = $1.70 per hour.
CITY OF ORONO
EMPLOYEE COMPENSATION PLAN
POSITION GRADES
2023 Operating Engineers Local 49
7 Public Works
Maintenance Worker,
Parks Maintenance
Worker
$ 28.42 $ 29.30 $ 30.21 $ 31.14 $ 32.10 $ 33.10 $ 34.12 $ 35.18
8 Mechanic $ 30.24 $ 31.17 $ 32.14 $ 33.13 $ 34.16 $ 35.21 $ 36.30 $ 37.43
10 Public Works
Supervisor
$ 34.22 $ 35.28 $ 36.37 $ 37.50 $ 38.66 $ 39.85 $ 41.09 $ 42.36
2024 Operating Engineers Local 49
7 Public Works
Maintenance Worker,
Parks Maintenance
Worker
$ 29.27 $ 30.18 $ 31.11 $ 32.08 $ 33.07 $ 34.09 $ 35.14 $ 36.23
8 Mechanic $ 31.15 $ 32.11 $ 33.10 $ 34.13 $ 35.18 $ 36.27 $ 37.39 $ 38.55
10 Public Works
Supervisor
$ 35.25 $ 36.34 $ 37.47 $ 38.62 $ 39.82 $ 41.05 $ 42.32 $ 43.63
2025 Operating Engineers Local 49
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7 Public Works
Maintenance Worker,
Parks Maintenance
Worker
$ 30.15 $ 31.09 $ 32.05 $ 33.04 $ 34.06 $ 35.11 $ 36.20 $ 37.32
8 Mechanic $ 32.08 $ 33.07 $ 34.10 $ 35.15 $ 36.24 $ 37.36 $ 38.51 $ 39.70
10 Public Works
Supervisor
$ 36.31 $ 37.43 $ 38.59 $ 39.78 $ 41.01 $ 42.28 $ 43.59 $ 44.94
17
APPENDIX B
CENTRAL PENSION FUND
The City of Orono agrees to participate in the Central Pension Fund of the International Union of
Operating Engineers and Participating Employers (“Central Pension Fund”) in accordance with
the terms of the Restated Agreement and Declaration Trust of the Central Pension, the Plan of
Benefits, and this Memorandum of Understanding.
1. Minnesota Statute § 356.24, Subd. 1(10) expressly authorizes the Employer to contribute
public funds to the Central Pension Fund as a supplemental pension plan for the employees
of a governmental subdivision who are covered by a collective bargaining agreement that
provides for such coverage.
2. Sections 4.1 of the Restated Agreement and Declaration of Trust of the Central Pension
Fund and 13.01 of the Plan of Benefits only permits Employer Contributions to the Fund.
3. The Parties agree that the agreed upon Employer contribution amount that would otherwise
be paid in salary or wages will be contributed instead to the CPF as a pre-tax Employer
contribution. Contributions from the Employer will not be funded from any other source
unless agreed upon by the parties.
4. The hourly contribution rate will be applied to every hour compensated (i.e. hours worked,
vacation, holiday and sick time) except for overtime hours worked. The Employer shall
remit this contribution directly to the Central Pension Fund at 4115 Chesapeake Street
N.W., Washington D.C. 20016.
5. A contribution of $1.00 per straight time hour worked prevents annual Central Pension
Fund contributions on behalf of eligible Employees from exceeding $5,000.00 in a year
and therefore complies with the limitations set forth under Minnesota Statute, §356.24,
Subd. 1(10) as amended.
6. For purposes of determining future wage rates, the Employer shall first restore the amount
of the Employer Contribution, which is currently the CPF contribution rate of $1.00 per
hour, then apply the applicable wage multiplier, then reduce the revised wage by the
Central Pension Fund contribution rate.
7. For purposes of calculating overtime compensation, the Employer shall first restore the
amount of the Employer Contribution $1.00 then apply the applicable 1.5 wage multiplier
required under the Fair Labor Standards Act (FLSA) and the Collective Bargaining
Agreement, then pay the resulting amount for overtime worked.
8. The Parties agree that the Public Employees Retirement Association (PERA) interprets
Employer contributions to the Central Pension Fund as being included in determining
“salary” for the purposes of the public pension.
9. The parties agree to abide by the terms and conditions of the Restated Agreement and
Declaration of Trust and the Plan of Benefits of the Central Pension Fund.
10. Effective January 21, 2022 the contribution rate equals $1.00 per straight time hour
worked.
11. Members, by majority vote, may change the contribution rate at any time during the life of
the Collective Bargaining Agreement. The Union and Employer will work together to
implement member approved changes as soon as is practicable.
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APPENDIX C
Safety Boot Accesory List
The following accessories are authorized for reimbursement with Safety Boots. Claims for
reimbursement of these times must be submitted at the same time as the Safety Boot Claim.
Laces
Insoles
Toe protectors
Metatarsal guards
Shoe conditioning oils/sprays
Prepared By: Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of the council item is to gain council approval for the following job description
updates and scorings.
2. Background. In the fall of 2022 the Parks Supt was assigned responsibility for overseeing the City’s
facilities. This increase in responsibility resulted in a job description update and a rescoring of the
position. As a result staff prepared and updated job description and title. The job description was then
reviewed and scored by the Finance Director and City Administrator.
3. Proposed Changes. The following table summarizes the results of the position description reviews
and rescoring.
Position Title Score Grade
Current Parks and Golf Course Superintendent 357 12
(346-398)
Proposed Parks, Golf Course and Facilities Superintendent 415 13
(399-458)
4. Impact to Current Staff. For the positions with recommended grade changes the staff will be
adjusted to a step in the new grade that has the closest level of compensation to their current step and they
will then be eligible to progress through the remaining steps per the City Personnel Handbook.
Position Employee Current Grade and Step
2023 Salary
Proposed Grade and Step
2023 Salary
Parks, Golf and Facilities
Superintendent
Josh Lemons Grade 12, Step 4
$ 91,011.30
Grade 13, Step 2
$ 91,113.02
5. Human Resources / Organization Committee. The Committee reviewed and approved the concept
on September 9th 2022.
6. Staff Recommendation. I recommend approval of the grade adjustment listed above.
COUNCIL ACTION REQUESTED
Motion to approve the grade adjustments listed above.
Exhibits:
A. Parks, Golf and Facilities Superintendent
Item No.: 7 Date: November 22, 2021
Item Description: Position Review and Rescoring
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
Consent Agenda
The City of Orono is an Equal Opportunity Employer
CITY OF ORONO
Position Title: Parks, Golf Course and Facilities Superintendent
Document Date: November 28, 2022
Department: Public Works
Accountable to: City Administrator/City Engineer
FLSA Status: Exempt
Nature of Work
Responsible for Administering all functions of the Parks Department including the improvement and
maintenance of city parks, trails, natural/open space, grounds, playground equipment, lake access points,
and golf course as well as overseeing the recreation and events planning with in the parks system. In
addition this position is responsible for managing the City’s facilities.
Supervision Received and Exercised
This position is supervised by the City Administrator/ City Engineer, and provides direct supervision to
clubhouse manager, assistant superintendent, grounds keepers indirect supervision of clubhouse
attendants.
Examples of Work
Essential functions listed below are intended as illustrations of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them if the work is similar,
related or a logical assignment to the position.
• Plans, coordinates, supervises, and reviews the activities of the department including daily, periodic, and
emergency maintenance and repair activities to maintain the City’s parks, trails, golf course, facilities and
public spaces in safe and operational/useable condition.
• Plans and coordinates parks and city events and recreational activities.
• Develops an annual budget covering all functions of the Parks Department, and monitor expenditures to
ensure compliance with the budget.
• Supervises Parks and Golf Course staff to include hiring, training motivating, evaluating, and
disciplining in accordance with city personnel policy and applicable collective bargaining.
• Ensures accurate tracking and reporting of service requests, tasks, and work orders in the cities
workflow management system to ensure requests are completed in a timely manner and the work effort
required to maintain specific assets is recorded.
• Works closely with GIS staff and the City Engineer to ensure the GIS mapping system and the asset
management system are kept up to date.
• Renders technical advice, both written and verbal, to the City Council and Advisory Boards and
Commissions and attends the City Council meetings and others as necessary.
The City of Orono is an Equal Opportunity Employer
• Assists City Engineer in the development of a multi-year capital improvement plan and program to
address the city's parks, trails and Golf Course infrastructure development, maintenance, and replacement
needs.
• Investigates citizen complaints and responds to citizen requests and issues.
• Prepares and reviews specifications for equipment and vehicles purchased by the City.
• Conducts special projects as assigned.
• Serves as the city’s tree inspector and assistant weed inspector.
• Periodically conducts field inspections of city parks, trails, facilities and golf course to ensure assets
are properly maintained and repaired; identifies deficiencies; and issues work orders to subordinates or
contractors to correct these deficiencies.
• Provides, and sets the example for, excellent customer service.
• Utilizes computer technology for work management, information management and communications.
• Prepares all necessary reports required by other government agencies.
• Maintains records in accordance with the retention schedule.
• Manages contacts and contractors providing repair and maintenance services for city parks and trails
infrastructure facilities and equipment.
• Establishes and maintains safety program ensuring the department is fully compliant with all OSHA
regulations.
• Prepares short term and long term goals and objectives for Parks Department.
• Performs other duties and assumes other responsibilities as assigned.
Required Knowledge, Skills and Abilities
Knowledge:
• Mechanical — Knowledge of machines and tools, including their designs, uses, repair, and
maintenance.
• Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and
strategies to promote effective local, state, or national security operations for the protection of people,
data, property, and institutions.
• Customer and Personal Service — Knowledge of principles and processes for providing customer
and personal services. This includes customer needs assessment, meeting quality standards for services,
and evaluation of customer satisfaction.
• Administration and Management — Knowledge of business and management principles
involved in strategic planning, resource allocation, human resources modeling, leadership technique,
production methods, and coordination of people and resources.
• English Language — Knowledge of the structure and content of the English language including
the meaning and spelling of words, rules of composition, and grammar.
• Personnel and Human Resources — Knowledge of principles and procedures for personnel
recruitment, selection, training, compensation and benefits, labor relations and negotiation, and
personnel information systems.
Skills:
• Active Listening — Give full attention to what other people are saying, taking time to understand
the points being made, asking questions as appropriate, and not interrupting at inappropriate times.
• Monitoring — Monitor/Assess performance of yourself, other individuals, or organizations to
make improvements or take corrective action.
• Speaking — Talk to others to convey information effectively.
• Coordination — Adjust actions in relation to others' actions.
• Management of Personnel Resources — Motivate, develop, and direct people as they work,
identifying the best people for the job.
• Time Management — Manage one's own time and the time of others.
The City of Orono is an Equal Opportunity Employer
• Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of
alternative solutions, conclusions, or approaches to problems.
• Reading Comprehension — Understand written sentences and paragraphs in work related
documents.
• Complex Problem Solving — Identify complex problems and reviewing related information to
develop and evaluate options and implement solutions.
Abilities:
• Oral Comprehension — Able to listen to and understand information and ideas presented through
spoken words and sentences.
• Oral Expression — Able to communicate information and ideas in speaking so others will
understand.
• Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does
not involve solving the problem, only recognizing there is a problem.
• Written Comprehension — Able to read and understand information and ideas presented in writing.
• Deductive Reasoning — Able to apply general rules to specific problems to produce answers that
make sense.
• Inductive Reasoning — Able to combine pieces of information to form general rules or
conclusions (includes finding a relationship among seemingly unrelated events).
• Information ordering — Able to arrange things or actions in a certain order or pattern according
to a specific rule or set of rules (e.g., patterns of numbers, letters, words, pictures, mathematical
operations)."
Minimum Requirements
• Bachelor's degree with major work in turf management, horticulture, or park management.
Five (5) years of experience in parks or golf course maintenance. Two (2) years of experience as crew
leader, field supervisor, or equivalent.
• Certified tree inspector or able to require within 6 month of employment
• Current state certification or licensing as a pesticide applicator within 6 month of
employment.
Desirable Qualifications
• Ten (10) supervisory experience.
• Certified Arborist
Physical Demands and Working Environment
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to talk or hear. The employee is
frequently required to stand, walk, sit, use hands. The employee is occasionally required to reach with
hands and arms, climb or balance, and stoop, kneel, crouch or crawl. The employee must occasionally lift
and/or move up to 50 pounds. Specific vision abilities required by this job include close vision, distance
vision, peripheral vision, depth perception, ability to adjust focus, and ability to see color.
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job,
the employee is frequently exposed to outdoor weather conditions. The noise level in the work
The City of Orono is an Equal Opportunity Employer
environment is usually moderate.
AGENDA ITEM
Prepared By: A. Carlson Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of this action item is to gain council approval of the contract proposal from
TimeSaver Off Site Secretarial Service for transcription of all regular meeting minutes for the City
Council, Planning Commission and Parks Commission. The contract proposals are for all regular
meetings held in 2023.
2. Background. The Recording Secretary Service Agreement the City currently holds with TimeSaver
Off site Secretarial Inc. expires on December 31, 2022. An addendum to the agreement has been received
by the City of Orono and if approved, will extend the contract to December 31, 2023. The unit rates
reflect an increase of 1 dollar per hour and 50 cents per page and a base rate of less than 3.5%.
3. Staff Recommendation. I recommend that Council approve the contract proposal from TimeSaver
Off Site Secretarial for transcription of all regular meeting minutes for the City Council, Planning and
Parks Commissions for 2023.
COUNCIL ACTION REQUESTED
Motion to approve the contract proposal from TimeSaver Off Site Secretarial for transcription of all
regular meeting minutes for the City Council, Planning and Parks Commissions for 2023.
Exhibits
A. 2023 Addendum to Recording Secretary Service Agreement
Item No.: Date: November 28, 2022
Item Description: Approval of Annual Recording Service Agreement –
TimeSaver Off Site Secretarial for Meeting Minutes
Presenter: Anna Carlson,
City Clerk
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: A. Carlson Reviewed By: A. Carlson Approved By:
1. Purpose. The following is a proposed schedule for Council Member attendance at the monthly
Planning Commission meetings during 2023.
PLANNING COMMISSION
2.Staff Recommendation. Staff recommends approval of the schedule for Council attendance at
Planning Commission meetings during 2023.
COUNCIL ACTION REQUESTED
Consider a motion to approve the schedule for Council attendance at Planning Commission meetings
during 2023.
Item No.: 9 Date: November 28, 2022
Item Description: Approval of Proposed Council Liaison to Planning Commission
Meetings in 2023
Presenter: Anna Carlson,
City Clerk
Agenda
Section:
Consent Agenda
Meeting Date Representative
January 17, 2023
(Tuesday) Dennis Walsh
February 21, 2023
(Tuesday) Richard Crosby
March 20, 2023 Alisa Benson
April 17, 2023 Victoria Seals
May 15, 2023 Matt Johnson
June 20, 2023
(Tuesday) Dennis Walsh
July 17, 2023 Richard Crosby
August 21, 2023 Alisa Benson
September 18, 2023 Victoria Seals
October 16, 2023 Matt Johnson
November 20, 2023 Dennis Walsh
AGENDA ITEM
Prepared By: A. Carlson Reviewed By: A. Carlson Approved By:
1.Purpose. The purpose of this action item is to approve the 2023 Official Calendar.
2.Background.
a.Council Meetings. Council meetings are scheduled for the second and fourth Mondays of the
month at 6:00 p.m., except for the month of March, the second regular meeting of the Council will take
place on Tuesday, March 21, 2023, beginning at 6:00 p.m. Generally only one Council meeting is
scheduled in December. The annual budget hearing will be held on Monday, December 11th at the City
Council meeting beginning at 6:00 p.m.
b.Council Work Sessions. Council work sessions are scheduled for the second and fourth
Mondays of the month at 5:00 p.m. No work session is scheduled for December.
c.Planning Commission Meetings. Planning Commission meetings are scheduled for the third
Monday of the month at 6:00 p.m. January, February, and June are the exceptions because of Monday
holidays. In those months, the meetings will be held the following Tuesday. No Planning Commission
meeting is scheduled in December.
d.Planning Commission Work Sessions. Planning Commission work sessions will be scheduled
on an as needed basis and are not reflected on the 2023 calendar.
e.Park Commission Meetings. Park Commission meetings are scheduled for the first Monday of
February, May, August, and November and begin at 6:00 p.m.
f.Park Commission Work Sessions. Park Commission work sessions scheduled for the first
Monday of January*, March, April, June, *July, * September, and October and begin at 6:00 p.m. (Note:
*The January meeting will be held on a Tuesday as Monday is holiday. The July work session will be
held on Wednesday because of Monday and Tuesday holidays. The September meeting will be held on
Tuesday because of a Monday holiday.)
g.Holiday Schedule. According to the City’s personnel policy, the City schedules thirteen holidays
throughout the year, which include regular holidays. The regular holidays observed are New Year's Day,
Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Juneteenth, Labor Day,
Veterans Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Eve and Christmas Day. One
Floating Holiday is scheduled by the City Administrator. For 2023 the floating holiday is Monday July
3rd.
3.Staff Recommendation. Staff recommends approval of the 2023 Official Calendar.
COUNCIL ACTION REQUESTED
Consider a motion to approve the 2023 Official Calendar.
Exhibit
A.2023 Official Calendar Draft
Item No.: 10 Date: November 28, 2022
Item Description: Approval of Proposed 2023 Official Meetings Calendar
Presenter: Anna Carlson,
City Clerk
Agenda
Section:
Consent Agenda
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 3 4 5 6 7 1 2 3 4 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18
22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25
29 30 31 26 27 28 26 27 28 29 30 31
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 1 2 3 4 5 6 1 2 3
2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17
16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24
23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30
30
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 1 2 3 4 5 1 2
2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9
9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16
16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23
23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30
30 31
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 3 4 5 6 7 1 2 3 4 1 2
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 *11 12 13 14 15 16
22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23
29 30 31 26 27 28 29 30 24/31 25 26 27 28 29 30
*
H
Park Commission Work Session at 6:00 p.m.
Council Meeting at 6:00 p.m.Council Work Session at 5:00 p.m.
2023 Official Calendar
Council Meeting w/ Truth in Taxation at 6:00 p.m.
Park Commission Meeting at 6:00 p.m.
Planning Commission Meeting at 6:00 p.m.
Planning Commission Work Sessions Scheduled and Posted as Needed 5:30 p.m.
Official Holidays
October November December
July August September
January February March
April May June
CITY OF ORONO
2023 OFFICIAL MEETINGS CALENDAR
AGENDA ITEM
Prepared By: A. Carlson Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of this action item is to gain approval for a resolution to designate polling
place locations for the 2023 Elections.
2. Background. Cities are required to designate polling places by December 31 of each year.
3. Staff Recommendation. Staff recommends approval of the resolution presented.
COUNCIL ACTION REQUESTED
Motion to approve the Resolution Designating Polling Locations for 2023.
Exhibit
A. Resolution
Item No.: 11 Date: November 28, 2022
Item Description: Approval of Resolution Designating Polling Places for 2023
Presenter: Anna Carlson,
City Clerk
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7317
A RESOLUTION DESIGNATING POLLING PLACES FOR
2023 ELECTIONS
WHEREAS, Minnesota Statutes 204B.16, subd. 1 requires the City Council, by
ordinance or resolution, to designate polling places for the upcoming year; and
WHEREAS, changes to the polling places locations may be made at least 90 days before
the next election if one or more of the authorized polling places becomes unavailable for use; and
WHEREAS, changes to the polling place locations may be made in the case of an
emergency when it is necessary to ensure a safe and secure location for voting; and
THEREFORE, BE IT RESOLVED, that the Orono City Council hereby designates the
following polling places for elections conducted in the city in 2023:
Precinct 1 Long Lake Fire Station
340 Willow Drive North
Orono, MN 55356
Precinct 2 Orono Council Chambers
2780 Kelley Parkway
Orono, MN 55356
Precinct 3 Calvary Memorial Church
2420 Dunwoody Avenue
Wayzata, MN 55391
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a
replacement meeting the requirements of the Minnesota Election Law for any polling place
designated in this Resolution that becomes unavailable for use by the City;
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an
emergency replacement polling place meeting the requirements of the Minnesota Election Law
for any polling place designated in this Resolution when necessary to ensure a safe and secure
location for voting;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this
resolution and any subsequent polling place designations to the Hennepin County Elections
Office.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7317
Adopted by the City Council of the City of Orono this 28th day of November, 2022.
_________________________________________
Dennis Walsh, Mayor
ATTEST:
_______________________________________
Anna Carlson, City Clerk
AGENDA ITEM
Prepared By: A.Carlson Reviewed By: A.Carlson Approved By:
1.Purpose. The purpose of this action item is to approve the 2023 Liquor License Renewals.
2019 ANNUAL LIQUOR LICENSE RENEWALS – APPLICANTS
•Orono Liquor Inc. DBA Narrows Saloon
3380 Shoreline Drive
Navarre, MN 55392
•Orono Public Golf Course
265 Orono Orchard Road South
Orono, MN 55391
•Holiday/Circle K
2420 Shadywood Road
Navarre, MN 55392
•Spring Hill Golf Club
725 County Road 6
Wayzata, MN 55391
•Wayzata Country Club
200 Wayzata Blvd.
Wayzata, MN 55391
•Wood & Associates Inc. DBA Navarre Liquors
3421 Shoreline Drive
Navarre, MN 55392
•Woodhill Country Club, Inc.
200 Woodhill Road
Orono, MN 55391
2. The 2023 Liquor License Applicants have submitted all the requested documents and have met all
requirements. The documents are on file in the City Clerk’s office.
COUNCIL ACTION REQUESTED
Motion to approve the above listed liquor license renewals for 2023.
Item No.: 12 Date: November 28, 2022
Item Description: Approval of Annual Liquor Licenses
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 ask the City Council for approval of a Fireworks
Display permit.
FIREWORKS DISPLAY PERMIT
Applicant: Hollywood Pyrotechnics, Inc. – Ben Netzley
Activity: Fireworks Display
Location: Launched from golf course at 265 Orono Orchard Rd. (From Golf Course)
Date: December 3, 2022
Time: 6:00 p.m.
2.Background. Ben Netzley of Hollywood Pyrotechnics Inc. has submitted a Fireworks Display
application. Orono’s City Code requires the City Council to review all applications involving Fireworks.
The applicant has been provided a current list of addresses which are within 1000 feet of the launch site
of the fireworks. The applicant has acknowledged that they are required to provide a notice of the date,
time, and contact information to all property owners with 1,000 feet of the launch site of the fireworks.
3.City Communications. A notice of fireworks display will be displayed on the homepage of the
City’s website. This notice will also be sent out on the listserv, posted to Facebook and Twitter. The
notice is provided in the exhibits and communications has been pre-scheduled to go out on Tuesday,
November 29, Friday, December 2, and Saturday December 3.
4.Recommendation. Staff recommends approval of the Fireworks Display Permit.
COUNCIL ACTION REQUESTED
Motion to approve the listed permit requested from Hollywood Pyrotechnics for the fireworks display
scheduled for December 3, 2022 at 6:00 p.m. at 265 Orono Orchard Rd. (Orono Public Golf Course)
Exhibits
A.Draft Fireworks Display Permit
B. Public Notice & Map of Location of Fireworks Display
Item No.: 13 Date: November 28, 2022
Item Description: Approval of Fireworks Display Permit – Tree Lighting Event at
Orono Public Golf Course
Presenter: Anna Carlson,
City Clerk
Agenda
Section:
Consent Agenda
Telephone (952) 249-4600 ● Fax (952) 249-4616
www.ci.orono.mn.us
FIREWORKS DISPLAY PERMIT
Date Issued: November 28, 2022
Date of Event: December 3, 2022
Time of Event: 6:30 p.m.
Location of Event: Orono Golf Course located at 265 Orono Orchard Road
Applicant/Sponsoring Organization:
Ben Netzley – Hollywood Pyrotechnics Inc.
The following documents are required and on file at the City Administrative Offices:
• Approval of the Long Lake Fire Chief.
• Proof of insurance in amount of at least $1,000,000.
• Diagram of grounds and display discharge site with fallout radius.
• Names and ages of display assistants.
• Plan for notification of properties within 1000 feet of the display site and along
golf course (addresses provided).
• Plan for verification of weather conditions and delay or cancellation of fireworks
display.
• Contact Long Lake Fire Chief James Van Eyll at 952-473-9701 (office) or 952-
367-6447 (cell) to make arrangements to meet on site on Friday morning,
December 2, 2023 prior to setting up the display.
(City Seal)
_______________________________________
Anna Carlson, City Clerk
CITY OF ORONO
NOTICE OF FIREWORKS DISPLAY PERMIT
DISPLAY TO TAKE PLACE
DECEMBER 3, 2022 AT 6:30 P.M.
Notice is hereby given that the Orono City Council has approved a Fireworks
Display Permit for Hollywood Pyrotechnics Inc. to be launched from the property located
at 265 Orono Orchard Road (Orono Public Golf Course) in Orono on December 3, 2022
at 6:30 p.m. (Dusk) We have attached a map of the location, time, date, and contact
information regarding the event to this notice.
Anna Carlson
City Clerk
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7316
RESOLUTION ACCEPTING DONATION
WHEREAS, the following donors wish to make a donation to the City of Orono (“City”) in
the amount listed below [for reasons as described]; and
Sponsor Description Value
Kottemann Orthodontics Donation for MADD JAZZ $300
Orono Dental Donation for Santa $500
North Mallow S’mores kits $600
Otten Bros. Donation $750
Paul Kubista Firewood $150
Orono Lions Grilling $650
Holiday 200 Brats, 200 hot dogs, buns, hot chocolate $600
Culvers Food boats, condiments $100
Pfeffer’s Meat 50 Brats, 50 Hot Dogs $230
Lunds & Byerlys 300 Cookies $225
Westonka Animal Hospital Use of Sign -
Orono School District Use of Sign -
Dennis & Amanda Walsh Donation through Orono Parks Legacy $2500
Bob & Lisa Erickson Donation through Orono Parks Legacy $2500
Ben & Heather Goodwin Donation through Orono Parks Legacy $2500
Total $ 11,605
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 donations; and
WHEREAS, the donations have been contributed to the City for the benefit of its citizens;
and
[WHEREAS, the City agrees to perform the conditions on the donations, 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:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7316
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 28th day of November, 2022, by the City Council of the City of Orono.
CITY OF ORONO
B y: _______________________________
Dennis Walsh, Mayor
ATTEST:
______________________________
Anna Carlson, City Clerk
CITY COUNCIL AGENDA ITEM
Prepared By: J Lemons Reviewed By: Approved By:
1. Purpose. Formal acceptance of donations from sponsors for the Holiday Tree Lighting event at
Orono Golf Course.
2. Background. The Holiday Tree Lighting event will be held on December 3rd, 2022 at the Orono Golf
Course.
3. Donations. Sponsors have donated funds and/or resources to help facilitate the community event.
Sponsor Description Value
Kottemann Orthodontics Donation for MADD JAZZ $300
Orono Dental Donation for Santa $500
North Mallow S’mores kits $600
Otten Bros. Donation $750
Paul Kubista Firewood $150
Orono Lions Grilling $650
Holiday 200 Brats, 200 hot dogs, buns, hot chocolate $600
Culvers Food boats, condiments $100
Pfeffer’s Meat 50 Brats, 50 Hot Dogs $230
Lunds & Byerlys 300 Cookies $225
Westonka Animal Hospital Use of Sign -
Orono School District Use of Sign -
Dennis & Amanda Walsh Donation through Orono Parks Legacy $2500
Bob & Lisa Erickson Donation through Orono Parks Legacy $2500
Ben & Heather Goodwin Donation through Orono Parks Legacy $2500
Total $ 11,605
4. City Incurred Expenses.
Activity Cost Funding Source
Staff Planning $700 General Fund
Staff Set-up $1100 Park Operating Budget
Staff Clubhouse Attendant $80 Park Operating Budget
Police Support $400 Police Operating Budget
Entertainment – Fire Works $1750 Contingency Fund
Communications Mailings $1754 Contingency Fund
Decorations $400 Park Operating Fund
Total $6184
5. Funding. All of the Staff effort is already funded in the General fund personnel budgets. The
Entertainment items ($1750) are unbudgeted items that can be funded via the contingency fund.
COUNCIL ACTION REQUESTED
Accept donation and use funding for Holiday Tree Lighting Event. Approve funding of unbudgeted city
Item No.: 14 Date: November 28, 2022
Item Description: Acceptance of Donations and Approval of Expenditures for
the Holiday Tree Lighting Event
Presenter: Joshua Lemons
Parks and Golf Superintendent
Agenda
Section:
Consent Agenda
expenses from the Contingency Fund.
AGENDA ITEM
Prepared By: CF Reviewed By: A. Carlson Approved By:
1. Purpose. The purpose of this action item is to gain approval for the disposal of a firearm.
2. Background / Summary. The Police Department has acquired a firearm through a court process and
is seeking approval to dispose/sell the firearm. The firearm will be sold to a reputable firearms dealer and
if there is no value to the firearm, the firearm will be destroyed by Public Works.
3. Main Paragraph. Firearm to be sold/destroyed.
Glock model 23 .40 Serial Number - BMKU897
4. Staff Recommendation. I recommend the sale/disposal of a firearm
COUNCIL ACTION REQUESTED
Motion to approve the sale/disposal of one firearm.
Item No.: 15 Date: November 28, 2022
Item Description: Approval to Dispose of a Firearm
Presenter: Correy Farniok
Police Chief
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: mcc Reviewed By:LLO Approved By:
1. Purpose. The purpose of this action is to adopt a resolution granting setback and hardcover
variances to construct an attached garage addition to the existing home.
2. MN§15.99 Application Deadline. The application was received on September 20, 2022 and
considered to be complete on September 26, 2022. Therefore the 60-Day review period has been extended
and now expires on January 24, 2023.
3. Background/ Summary. At the November 14th meeting, the Council reviewed the application and
voted 5 to 0 to approve the application as applied.
4. Planning Commission Vote and Comment. On October 17, 2022, the Planning Commission held a
public hearing. The Planning Commission discussed the fact that the project would remove the
encroaching detached garage and parking area in the right-of-way in support of the application. They also
identified concerns with the size of the addition requested and the resulting setback encroachments and
hardcover level. Following the public hearing, the Planning Commission voted 5 to 1 (Commissioner
Kirchner opposed) on a motion to approve the variances as requested.
5. Public Comment. No comments from the neighbors were received on this application.
6. Staff Recommendation. Staff recommends the Council adopt Resolution No. 7313 as drafted.
COUNCIL ACTION REQUESTED
Motion to approved Resolution No. 7313.
Exhibits
A. Draft Resolution No. 7313
B. Draft Council Minutes 11/14/2022
C. Council Staff Report 11/14/2022
References
PC Memo & Exhibits 10/17/2022
Council Exhibits 11/14/2022
Item No.: 16 Date: November 28, 2022
Item Description: LA22-000052 – Denali Custom Homes, 1780 Shadywood Road,
Variances – Resolution No. 7313
Presenter: Melanie Curtis
Planner
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7313
1
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-350 & 78-1700
FILE NO. LA22-000052
WHEREAS, on September 20, 2022, Denali Custom Homes (hereinafter the
“Applicant”), applied for variance from the City Code for the property addressed 1780 Shadywood
Road owned by Jon and Erin Wessling (hereinafter the “Owners”) and legally described as:
Lot 19, Shady-Wood, Hennepin County, Minnesota (Certificate of Title 1536218)
(hereinafter the “Property”);
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-350 to allow construction of a home addition 18.3
feet from the rear property line where a 30-foot setback is required; and
WHEREAS, the Applicant has also made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1700 to permit 3,097 square feet or 32% hardcover
where 25% is allowed and 32.7% currently exists in conjunction with a home addition; and
WHEREAS, on October 17, 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 October 17, 2022, the Planning Commission recommended
approval of the variances; and
WHEREAS, on November 14, 2022, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff and directed preparation of
findings for approval of the variances.
NOW, THEREFORE, BE IT RESOLVED that on November 28, 2022, the City
Council of Orono, Minnesota hereby approves the requested variances as described above based
on one or more of the following findings of fact concerning the Property:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7313
2
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA22-000052. 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 0.23 acres in area and has a defined lot width of 70 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 variances:
a. Rear Setback Variance
b. Hardcover 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 variances
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. “Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . .” The requested setback variance to construct an attached
garage to the home 18.3 feet from the rear lot line is reasonable and results in an
improvement from the existing condition. The proposed hardcover level is the minimum
amount necessary to meet the applicant’s needs including a required back up turnaround.
2. “Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan.” The variances allowing the addition to the existing home in a
residential zone are consistent with the Comprehensive Plan. The setback variance
allowing the connection of the garage to the home including the upward volume
expansions will improve the safety along the roadway and improve the livability and
functionality of the house and is an improvement from the existing conditions. The level of
hardcover proposed including the required back up turnaround is consistent with the
comprehensive plan.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7313
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 Applicant’s request to permit a connecting addition to the home and upward
expansion of the garage within the rear setback is reasonable and improves the
existing nonconforming setbacks from the rear and side. The level of hardcover
proposed is a reduction from the existing conditions and provides for the required
back up turnaround; the request is reasonable.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The lot size and the location of the garage and home on the Property were not
created by the Owners; and
c. The variance, if granted, will not alter the essential character of the locality.”
The requested variances will not result in the home being out of character with the
neighborhood based on the scale and proximity to Shadywood Road. The new
encroachments of the home addition and additional massing resulting from the
second story will not alter the character of the locality. This criterion is met.
4. “Economic considerations alone do not constitute practical difficulties.” Economic
considerations have not been a factor in the variance approval determination.
5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78.” This condition is not applicable.
6. “The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located.” This condition is not applicable, as a 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7313
4
8. “The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property.” The lot size, detached garage location, and
hardcover level are existing conditions which are not uncommon in the immediate
neighborhood.
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 detached garage and hardcover level are existing
conditions which are not unique to the Property. The Property’s substandard size creates
difficulties which also apply to many of the properties in the same neighborhood.
10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” Substantial property right is provided by the
principal structure. The Applicant has indicted the proposed expansion of the existing
home 18.3 feet into the rear setback and associated hardcover variance is necessary for
the preservation of the Owners’ property rights.
11. “The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter.” Granting the
variances in this unique situation will not adversely impact health, safety, comfort, or
morals; nor will it be 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 narrowness and substandard size of
the Property including proximity to Shadywood Road create practical difficulties affecting
the Property. The variances for setback and hardcover are necessary, and do not merely
serve as a convenience to the Owners.
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 78-350 to allow construction of a home
addition 18.3 feet from the rear property line where a 30-foot setback is required; and a variance
to Code Section 78-1700 to permit 3,097 square feet or 32% hardcover where 25% is allowed
and 32.7% currently exists in conjunction with a home addition 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 05/18/2022 and revised on
09/29/2022 and building plans submitted by the Applicant and annotated by City staff,
attached to this Resolution as Exhibits A & B.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7313
5
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
obtained within one year of the date of Council approval, or the variance will expire on that
date (November 28, 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 28th day of November, 2022.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
PC
Ex
h
i
b
i
t
E
MINUTES OF THE
ORONO CITY COUNCIL MEETING
NOVEMBER 14, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 7
13.APPROVAL OF SUMMIT BEACH MASTER PLAN
Parks and Golf Course Superintendent Lemons shared about the Summit Beach Master Plan, noting a
Steering Committee worked with Bolton and Menk to host surveys and open houses to gather feedback
and develop the proposed plan. Improvements include ice skating on the pond, a swim platform, paving
the parking lot, and building a restroom. The plan was well-received by most of the public. The plan was
recommended for approval by the Planning Commission with a 6-0 vote.
Seals moved, Crosby seconded, to approve the Summit Beach Master Plan. VOTE: Ayes 5, Nays 0.
Lemons updated the City Council regarding the Golf Course noting this was the third year of a drought,
and the golf course closed last week with a 91% increase in season pass rounds, a 70% increase in junior
rounds, and overall a 600 round increase from the previous year. Regarding Parks, he updated the Council
on the Crystal Bay playground, repairs to the Big Island restroom/toilet, and shared the department is in
winter transition at the parks. He spoke about the upcoming Tree Lighting Event and invited the
community to come.
COMMUNITY DEVELOPMENT REPORT
14.LA22-000052 – DENALI CUSTOM HOMES, 1780 SHADYWOOD ROAD, REQUESTS
HARDCOVER, REAR YARD SETBACK, AND DRIVEWAY SETBACK VARIANCES IN
ORDER TO CONSTRUCT AN ADDITION TO THE HOME
Staff gave a summary presentation of information. City Planner Curtis stated the Applicant is
proposing to remove the existing non-conforming detached garage which is situated on the rear
property line and construct an attached two-story garage addition with living space above 18.3
feet from the rear property line where a 30-foot setback is required. The property currently has
32.7% (3,991 square feet) hardcover. The Applicant is proposing an 84 square foot reduction
resulting in 32.01% hardcover. Variances for rear setback and hardcover are requested. The
Applicant provided an updated narrative and practical difficulty analysis tonight which she
placed at the Councilmembers’ seats. The Planning Commission discussed the fact that the
project would remove the encroaching detached garage and parking area in the right-of-way in
support of the application. They also identified concerns with the size of the addition requested
and the resulting setback encroachments and hardcover level. Following the public hearing, the
Planning Commission voted 5 to 1 on a motion to approve the requested variances. Staff
recommends the Applicant redesign the plan to reduce the addition footprint, the hardcover, or
both. A hardcover variance may still be required, however the resulting footprint and hardcover
level will be much more appropriately scaled for the property and the area. Staff recommends
denial as submitted.
Chad Mayes, Denali Custom Homes, and Erin and Jon Wessling, Applicant, approached the
podium. Mr. Mayes shared about a letter, noting the current property has several issues including
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
NOVEMBER 14, 2022
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 7
the current garage which extends outside the rear setback and into the County Road 51 right-of-
way, and a current parking area that is also in the right-of-way. The goal of the project is to
improve those situations by removing the parking area, removing the existing detached garage,
and proposing an attached garage. The hardcover and sideyard setback are improving, and a
parking turnaround pad allows the Applicants to exit the property with their cars forward rather
than backing out on to County Road 51.
Ms. Wessling noted the safety issues are real, her son parks on the gravel area and they are trying
to build a functional and safe family residence that conforms to the neighborhood. They are very
near the street and she worries about not being able to exit the driveway facing forward. Ms.
Wessling spoke about near-misses, pedestrians, bicyclists, motorists, and that the property is on a
curve making it hard to see when backing out. With the three car garage, they can utilize the
turnaround as intended rather than using it as parking. She noted they are moving it back from
the street, improving on all aspects, the property and Shadywood are unique, and it is within the
character of the neighborhood. She spoke about a nearby property that has a three car garage and
setback that was approved five years ago.
Mayor Walsh noted the City Council has considered Shadywood regarding turnarounds because
it is a main artery.
Johnson noted cleaning up those non-conformities is a trade-off to him in this case.
Mayor Walsh clarified they are also reducing hardcover.
Johnson moved, Crosby seconded, to approve LA22-000052, 1780 Shadywood Road, Hardcover,
Rear Yard Setback, and Driveway Setback Variances in order to construct an addition to the home.
VOTE: Ayes 5, Nays 0.
15. LA22-000023 – CITY OF ORONO TEXT AMENDMENT RELATED TO ACCESSORY
DWELLING UNITS – ORDINANCE NO. 279, THIRD SERIES
Community Development Director Oakden gave a presentation, noting they are proposing a zoning Code
text amendment that will add Accessory Dwelling Units (ADUs) as a permitted accessory use in all
residential zoning districts. The goal of the ordinance is to permit alternative housing types to support
multi-generational housing options within the City of Orono. The Planning Commission held a public
hearing, made no language changes, and voted 6-0 in favor of the proposed amendment. Staff
recommends approval.
Alisa Benson, 1220 Lyman Avenue, is undecided about pros and cons of ADUs. A number of issues have
gone unaddressed, she does not feel there has been enough citizen engagement, this is a huge change to
current Ordinance, and she has not seen it advertised much on the website, Facebook, or via newsletter
mailing. The Code Review Committee identified the need for multi-generational housing and she is
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AGENDA ITEM
Prepared By: mcc Reviewed By: LLO Approved By:
1. Purpose. This application is regarding setback and hardcover variances to construct an attached
garage addition to the existing home.
2. MN§15.99 Application Deadline. The application was received on September 20, 2022 and
considered to be complete on September 26, 2022. Therefore the 60-Day review period expires on
November 25, 2022.
3. Background/ Summary. The applicant is proposing to
remove the existing detached garage which is situated on the
rear property line and construct an attached garage addition
with living space above 18.3 feet from the rear property line
where a 30-foot setback is required. The property currently
has 32.7% (3,991 square feet) hardcover. The applicant is
proposing an 84 square foot reduction resulting in 32.01%
hardcover. Variances for rear setback and hardcover are
requested.
4. Planning Commission Vote and Comment. On
October 17, 2022, the Planning Commission held a public
hearing. The Planning Commission discussed the fact that
the project would remove the encroaching detached garage
and parking area in the right-of-way in support of the
application. They also identified concerns with the size of the addition requested and the resulting
setback encroachments and hardcover level. Following the public hearing, the Planning Commission
voted 5 to 1 (Commissioner Kirchner opposed) on a motion to approve the requested variances as
requested.
5. Public Comment. No comments from the neighbors were received on this application.
6. Staff Recommendation. Staff recommends denial. Staff further recommends the applicant redesign
the plan to reduce the addition footprint, the hardcover, or both. A hardcover variance may still be
required, however, the resulting footprint and hardcover level will be much more appropriately scaled for
the property and the area.
COUNCIL ACTION REQUESTED
Council should direct staff to draft a resolution reflecting their decision.
Exhibits
Exhibit A. Proposed Plans
Exhibit B. Proposed Hardcover
Exhibit C. Draft PC Minutes
Exhibit D. PC Staff Report 10/17/2022
References
PC Exhibits 10/17/2022
Item No.: # Date: 14 November 2022
Item Description: #LA22-000052, Denali Custom Homes, 1780 Shadywood Rd,
Variances
Presenter: Melanie Curtis
Planner
Agenda
Section:
Community
Development Report
AGENDA ITEM
Prepared By: mcc Reviewed By: LLO Approved By:
1. Purpose. This application is regarding a request for a second, Council-approved extension of
Resolution No. 7150 granting variances and CUPs.
2. City Code. City Code Sections 78-129 and 78-918 provide for extension of variance and CUP
approvals. Regarding variance approvals, Staff may administratively approve a one-year extension of the
approval from the original City Council approval date; City Council approval is required for additional
one-year extensions with no identified limit. Regarding CUPs, staff may administratively approve a one-
year extension and City Council approval is required for subsequent extensions with a limit of three total
extensions for conditional use permits.
3. Background/ Summary. In 2020, the Council adopted Resolution No. 7150 (#LA20-000022)
extending the approval timeline for development of the property. The original approvals involved a
conditional use permit to rearrange the floodplain on the property and variances for lot area and width;
lakeshore setback; average lakeshore setback; floodplain setback; and 0-75’ hardcover. A conditional use
permit to permit a shower within a proposed detached accessory building was also granted.
The owners have not yet finalized their construction plans for the home and are requesting the Council
consider extending Resolution No. 7150 one more year per the terms of the prior approvals. This request
was received on November 9th, prior to the December 7th expiration.
4. Staff Recommendation. There have been no substantive Code changes which are contrary to this
project since the original approval. Staff recommends approval of the owner’s request for a one-year
extension of the approvals granted via Resolution No. 7150. A draft approval resolution has been
provided for Council’s consideration.
COUNCIL ACTION REQUESTED
Motion to adopt the approval resolution.
Exhibits
A. Draft Resolution No. 7314
B. Resolution No. 7150
C. 1st Extension - Administrative
Item No.: 17 Date: November 28, 2022
Item Description: LA22-000061 ––William & Kathleen Wanner - 1095 Ferndale Road
West – 2nd Extension of Resolution No. 7150 – Resolution No.7314
Presenter: Melanie Curtis
Planner
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7314
1
A RESOLUTION
GRANTING AN EXTENSION OF THE VARIANCES
AND CONDITIONAL USE PERMITS ESTABLISHED
PER RESOLUTION NO. 7150
FILE NO. LA22 -000061
(ORIGINAL FILE NO. LA20-000022)
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has
adopted land development regulations for the orderly, economic and safe development of land within
the City; and
WHEREAS, on March 13, 2020 the City Council of Orono, Minnesota
adopted Resolution No. 7150 granted to William F. Wanner Jr. and Kathleen A. Wanner (hereinafter
the “Owners”) for property 1095 Ferndale Road West and legally described as:
All that part of Lot 9, North Shore Cottage Acres Lake Minnetonka, lying
Southeasterly of the Southeasterly lines of Registered Land Survey No. 441
and Registered Land Survey No. 902, and lying Northwesterly of the
Northwesterly line of Registered Land Survey No. 1372, Hennepin County,
Minnesota;
Subject to perpetual easements for sanitary sewer purposes in favor of the City
of Orono over that part of the above land as specifically described in Hennepin
County Recorder Document No. 4608875 and in Hennepin County Recorder
Document No. 4608876;
Per Certificate of Title Number 1120830 (hereinafter the “Property”);
WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78-918,
the Owners received a one-year administrative extension of the approvals granted under
Resolution No. 7150 expiring on December 7, 2022; and
WHEREAS, on November 9, 2022, pursuant to Orono Municipal Zoning Code
Sections 78-129 and 78-918, the Owners have requested a second extension of the following
approvals granted under Resolution No. 7150 for Property;
• A variance from Orono Municipal Zoning Code Section 78-305 to allow redevelopment of
a property with 1.27 acres in area and 180 feet of width where 2.0 acres and 200 feet of
width are required; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7314
2
• A variance from Code Section 78-1279 and 78-1680 to allow 530 square feet of hardcover
consisting of building and structure within the 75-foot setback from the OHWL of Lake
Minnetonka where no hardcover is permitted; and
• A conditional use permit pursuant to Zoning Code Section 78-1437 to allow plumbing
consisting of a full bathroom including bathtub and/or shower within an accessory building;
and
• A conditional use permit pursuant to Zoning Code Sections 78-1118, 78-1125, and 78-
1126 to permit filling within the floodplain and grading on the property to mitigate the fill
material in order to develop the property and elevate the home above the RFPE; and
WHEREAS, the City Council has considered the application by the Applicant for
an extension of the approvals granted under Resolution No. 7150 for development of the Property;
and
WHEREAS, the Owners were not able to commence construction within the
allotted one-year established by Resolution No. 7150 nor the one year administrative extension;
and
WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78-
918, the Owners have made a request for an extension of the approvals granted in Resolution
No. 7150.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono
does hereby grant an extension to December 7, 2023 of the approvals granted under Resolution
No. 7150, subject to the following conditions:
1. Authorities granted by this resolution run with the Property not with the Owners, but are
permissive only and must be exercised by obtaining building permits and/or land alteration
permit by December 7, 2023 or the approvals will expire on that date.
2. All other findings, conclusions, and conditions of Resolution No. 7150 shall remain in
effect.
3. Violation of or non-compliance with any of the terms and conditions of the conditional use
permit approval and site plan approval shall constitute a violation of the zoning code, shall
automatically terminate any authority granted herein, and shall be punishable as a
misdemeanor.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7314
3
ADOPTED by the Orono City Council on the 28th day of November, 2022.
ATTEST: CITY OF ORONO:
_____________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
10 November 2021
Randy Haapala Sent via Email: randy@hnh-homes.com
HNH Homes LLC
901 Twelve Oaks Center Dr, Suite 903
Wayzata, MN 55391
SUBJECT: Variance Extension File #LA21-000072
Zoning Application #LA20-000022
By Resolution No. 7150 the Orono City Council granted approvals in order to develop the property
addressed 1095 Ferndale Road West as follows:
• Approval of an interim use permit for land alterations;
• Approval of variances for lot width, lot area, hardcover, average lakeshore setback, and
floodplain rescue bench elevation;
• Approval of a CUP for a plumbing in an accessory building; and
• A CUP for filling activities within the floodplain.
These approvals will expire on December 7, 2021. We received your request dated November 5, 2021
for an extension of the above referenced approvals.
Pursuant to City Code Section 78-129, staff may grant a 12-month extension of the approval granted by
Resolution No. 7150. Because your plan has not changed since the time of the original request approval
your extension approval has been granted. Your variance will now expire on December 7, 2022. The
terms and approvals granted within Resolution No. 7150 still apply.
Please note, any subsequent request for an additional 12-month extension beyond December 7, 2022
must be received at least 60 days prior to the new expiration date. Please note, a subsequent,
additional 12-month extension will be at the discretion of the City Council. Please contact me at
952.249.4627 or at mcurtis@ci.orono.mn.us if you have any questions.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planner
Attachment: Resolution No. 7150
Copies via email: William Wanner
AGENDA ITEM
Prepared By: RJO Reviewed By: A. Carlson Approved By:
1.Purpose. The purpose of the action item is to gain approval for an expenditure to connect to the
Hennepin County fiber network.
2.Background. The City’s connection to the internet is critical for employees in all departments to
perform their jobs. Our current connection is 1 Gigabyte service from Century Link. The Century link
connection uses “public” infrastructure that includes internet traffic from a large number of other
customers. As an alternative, the City has the opportunity to create a direct connection to LOGIS, our
cloud services and network provider, through the Hennepin County fiber optic network.
Earlier this year, Hennepin County extended its fiber network to the intersection of County 112 and old
Crystal Bay Road. Working with LOGIS, we have received permission to connect to the Hennepin
County fiber network. With existing connections between Hennepin County and LOGIS fiber network,
the City would have a direct connection to our data that is not dependent on the internet.
There are a number of benefits associated with this project. The first will be an increase of bandwidth to
10 Gigabytes and a corresponding increase in performance using cloud based applications. The City will
also gain the direct connection to LOGIS and our data; further increasing speed, reliability and security.
The current Century Link connection can be maintained as a backup connection to provide a level of
redundancy for our mission critical access to our data and the internet. In addition, as part of the new
public works building project a fiber line connecting the new building to City Hall will be installed. The
work completed to make the County connection will be the first phase of the connection to the new
building.
3.Cost. Staff Solicited quotes from LOGIS and Arvig for this project. The LOGIS quote is based on
their staff requesting quotes from multiple vendors for engineering, construction, splicing and testing.
Arvig is a company that Orono Schools have used for projects and turns out to be one of the contractors
that LOGIS uses. The LOGIS quote totals $23,636.75 which is $1,439.25 higher than the quote from
Arvig. However, the Arvig quote only includes two fiber splices and a total of seven splices will be
needed to complete the entire segment. With the additional splices, the LOGIS quote is lower by
$4,000.00.
4.Funding. This project will be funded through the Improvement Equipment Outlay fund. The item is
included in the draft 2023 CIP for $25,000. There are funds available to move this project into 2022 with
a projected end of year balance of $300,000.
5.Staff Recommendation. Staff recommends approval of the project by LOGIS for $23,636.75.
COUNCIL ACTION REQUESTED
Motion to approve LOGIS as the vendor providing a connection to the Hennepin County fiber network in
an amount of $23,636.75.
Exhibits
A. LOGIS Quote
B.Arvig Quote
Item No.: 18 Date: November 28, 2022
Item Description: Hennepin County Fiber Connection
Presenter: Ronald John Olson
Finance Director
Agenda
Section:
Consent Agenda
Project Design and Cost Estimate Approval
Request
Enter Incident#(?)Name *Member *
Email *Phone *
Are There Other Members/External Parties Involved In The Project
Other Participating Members/External Parties
Organization Name Contact Name Contact Phone Contact Email
Do You Know The Cost Allocation For This Project (?)
Project Name *(?)
*
Planned Project Category
Primary Contact
311598 David Klitzke Orono
dklitzke@ci.orono.mn.us 9522494615
Yes
No
Yes
No
Project Scope
OR-City Hall 2750 Kelley Pkwy to LOGIS via HC - New Build 2023
Planned
Unplanned
New Build
Repair
Relocate
Overbuild
Splice Only
Other
Project Location *(?)
Location A *(?)
Location Z (?)
Project Description *
Submitted Date *
Due Date
Priority
Benefits
Attachment
Approval Request *
Labor
Materials
Cost Estimate Total *
Estimated Annual Locates
Attachment *
Orono City Hall 2750 Kelley Pkwy
Orono City Hall 2750 Kelley Pkwy, Orono
LOGIS 5750 Duluth St, Golden Valley
Orono City Hall to LOGIS project.
10/18/2022
10/31/2023
Medium- 3 to 9 Months
CNET
INET
Administrative Use Only
Installation of fiber optic network to connect City Hall to LOGIS. This cost estimate includes materials
(not switch), labor and splicing needed to complete connection. Any unforeseen cost will be
communicated once known.
Materials $2,743.00
Labor $20,893.75
Total $23,636.75
Estimated annual locates $115.50
20,893.75$
2,743.00$
23,636.75$
115.50$
311598 Route Map.pdf 111.7KB
Project Name >>Orono Hennepin cty to city hall Project Location >>Long Lake, MN
Quote Date:8/5/2022 Date Quote Accepted
Quote Valid until:9/5/2022 Accepted by (print name)
Quote Total:$22,197.50 Accepted by (signature)
Name:AEI Construction, Inc.Name:City of Orono
Address 150 2nd Street SW Address 2750 Kelley Parkway
City/State/Zip Code Perham, MN 56573 City/State/Zip Code Orono, MN 55356
Telephone 218-346-8404 Telephone (952) 249-4611
Quoted By:Derek Geiser Contact Name Ron Olson
Orono hennepin county to city hall
Quote to install fiber from existing HH to city council building based on map provided.
Qty Unit Price Total Price
bore 1.25"" duct 950 $12.75 $12,112.50
enter existing HH 1 $300.00 $300.00
building entrance 1 $2,000.00 $2,000.00
$0.00
Splice fiber 2 $1,100.00 $2,200.00
$0.00
$0.00
Engineering and permitting 1 $3,000.00 $3,000.00
$0.00
Labor Total>>$19,612.50
Qty Unit Price Total Price
1.25" duct 950 $1.00 $950.00
medium splice case 1 $350.00 $350.00
$0.00
miscellaneous materials 1 $350.00 $350.00
48 fiber 1100 $0.85 $935.00
$0.00
$0.00
$0.00
total $0.00
Material Total>>$2,585.00
* 40% additional winter rate may be applied if work is done after November 15th
*Payment terms - Net 30 days
Project Quotation
Customer information
Project Description
Service Provider
Project Terms
Unit Description
Labor Unit Description
Material Unit Description
Unit Description
Prepared By: mcc Reviewed By: LLO Approved By
1.Purpose. To adopt resolution approving an emergency repair of a lake slope.
2.Background. In July of 2022 the lake slope walls, deck and stair to the lake were destroyed by fire.
The property owner’s representative submitted a building permit application to repair the walls in-kind.
During the installation of the walls, staff observed that the construction expanded beyond the in-kind
limitations in the wall lengths and some of the wall locations. As a result, on October 28th a Stop Work
Order was issued. The contractor was directed to fill in, compact, and secure the open areas with erosion
control blankets staked into the ground or other appropriate stabilization measures. Because the work was
halted prior to completion, the owner is requesting permission to install a final wall at the top of the slope
which their engineer has determined to be necessary to protect the integrity of the slope.
The owner will be submitting an after-the-fact variance application to address the wall footprint
expansions in the lake yard. Until that time, their engineer has provided documentation showing the slope
failure is imminent and needs an emergency corrections.
City Code Section 78-1726 (6) states: Emergency repair exception. Slope failures have a direct impact
on the health and welfare of Orono residents, and timely response to such events is important to the
protection of natural resources and private property. Therefore, the city engineer may declare grading
and/or export/import activities in the Lake yard exceeding the limits above as emergency repair and
forward such application to the city council for immediate review. Emergency repair shall be defined
for the purposes of this article as the activities necessary to stabilize a failing slope, or prevent the
imminent failure of a slope, in the opinion of the city engineer.
The recommended correction for this slope failure is to construct one additional new wall at the top of the
slope (Exhibit B). The owner understands that, if approved, this correction may be temporary as the after-
the-fact variance to permit the new expanded walls within the 75-foot lake yard has not been approved.
3.Engineer Comments – Adam Edwards.
a.The applicant has provided a letter from a licensed engineer, Paul Schimnowski, P.E.,
with the assessment that a slope failure is imminent. Further, the same engineer has provided a
plan for stabilizing the upper slope using a retaining wall. I believe the proposed fix does
address any potential slope failure. Therefore my recommendation is for council to authorize the
emergency repair in order to stabilize the slope for the winter.
b. I do not recommend the City forgo the normal requirements associated with
improvements in the lake yard / 75foot setback for a permanent solution. The unstable slope
conditions appear to be the result of the construction methods employed and the deviations from
the approved retaining wall design and site plan from permit RAS22-000082.
Item No.: 19 Date: November 28, 2022
Item Description: 2815 Casco Point Road, Valdes o/b/o Lisa Thostensen,
Emergency Slope Repair – Resolution No. 7315
Presenter: Melanie Curtis
Planner
Agenda
Section:
Community Development
Report
Prepared By: mcc Reviewed By: LLO Approved By
c. Code Section 78-1726 (6). To my knowledge this is the second time this code section
has been invoked since it was added several years ago. This application is a good test case for
the ordinance and while I believe it meets the intent of the code section, it does identify a
potential need for a code amendment to provide better clarity and links to other sections of
code. The portion of code the emergency repairs exception is in deals with grade alterations but
does not specifically include structures within the lake yard. Most of the best practices for
providing emergency slope stabilization involve some sort of structure. I recommend the city
review this section of code to specifically acknowledge the use of structures being for emergency
slope repairs.
4. Staff Recommendation. Staff recommends approval of the resolution to allow the contractor to
proceed with for the emergency slope failure as designed.
COUNCIL ACTION REQUESTED
Motion to approve Resolution No. 7315
Exhibits
A. Draft Resolution 7315
B. Engineer Plan
C. City Code Section 78-1729
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7315
1
A RESOLUTION
APPROVING AN EMERGENCY SLOPE REPAIR
PURSUANT TO
MUNICIPAL ZONING CODE
SECTION 78-1726
WHEREAS, on November 11, 2022, Josh Prust with Valdes Lawn and Snow
(hereinafter the “Applicant”), applied for authorization to proceed with an emergency repair of the
lake slope pursuant to City Code 78-1726, on property addressed 2815 Casco Point Road and
legally described as:
All that part of Lot 120 Spring Park, and all the Unplatted land and that
portion of Lake Shore Avenue vacated, lying between Lot 120 of Spring Park and
the side lines of said Lot projected to Lake Minnetonka, which lies northwesterly
of a line running parallel with and five feet northwesterly from the southeasterly
line of said Lot and the extension thereof, Hennepin County, Minnesota
(hereinafter the “Property”);
WHEREAS, the Applicant submitted documentation from a licensed professional
engineer which indicates that failure of the current lake yard slope and the existing retaining walls
on the Property 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 November 22, 2022, a corrective restoration plan was provided by
the Applicant’s licensed professional engineer to reinforce the vulnerable slope; and
WHEREAS, the engineered plans propose construction of an additional ± 2 foot
tall wall at the top of the slope 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 at risk of
failure; and
WHEREAS, due to their design and proximity to the OHWL the new retaining walls
will require a setback variance from City Code section 78-1279; and
WHEREAS, on November 28, 2022, the City Council reviewed the request, the
engineered plans, and the recommendations of the City staff; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7315
2
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:
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-1C One Family Lakeshore Zoning District.
3. The Property contains 0.34 acres in area and has a defined lot width of 56 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. The Property was subject to a fire on the lake slope in July 2022 which destroyed the
previously existing timber retaining walls, stairs, deck, and storage shed leaving the slope
vulnerable to failure.
6. The Applicant applied for an administrative building permit to rebuild the existing walls in-
kind.
7. The construction of the replacement walls expanded beyond the in-kind reconstruction
and the project was stopped and stabilized. The Applicant ascertains that without the top
wall the slope remains at risk for failure over the winter and spring.
8. The Applicant has submitted an opinion from a licensed professional engineer which
indicates that without the construction of the upper wall the slope is under imminent threat
of failure.
9. 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.
10. Retaining walls are not permitted within 75-feet of the OHWL; installation of new walls
require City Council approval of a lake setback variance.
11. 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
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7315
3
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.
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. The Applicant shall apply for and receive an after-the-fact variance from City Code 78-
1279 prior to release of the Stop Work order for building permit RAS22-000082 to be
resumed for finalization of construction of the walls.
5. 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. After-the-fact variance approval for the expanded retaining walls must be obtained
within 90 days of the date of Council approval, or the action will expire after February 26,
2023.
6. 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 28th day of November, 2022.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
November 22, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Supplemental Report - Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter is being sent in response to the email we received from Melanie Curtis from the City of Orono.
Based on her review of my previous letter to you dated November 18, 2022, she is requesting additional
information.
It is my professional opinion that the work I recommended should qualify in regards to City Code Section
78-1726 (6): Emergency repair exception.
The slopes at the top of the timber retaining walls constructed to-date are much steeper than originally
designed. The construction of the final, planned retaining wall at the top of the tiered retaining wall system
is required to stabilize these slopes. Failure to stabilize and reduce the steepness of these slopes with the
construction of the planned wall will likely result in a slope failure, significant erosion, and damage to the
retaining walls already constructed.
Refer to my original design dated August 24, 2022, and my previous letter dated November 18, 2022, for
further information.
Please call me if you have any questions or need more information. Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 22, 2022 License #: 40126 (MN)
November 18, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter includes important details regarding the completion of planned work at the above location.
These recommendations are based on my original design dated August 24, 2022, and my site
observations and discussion with you on October 31 and November 17, 2022.
This previously designed work is recommended to be completed at this time to improve the site grading
by reducing the steepness of some slopes and will reduce the chances of erosion at the top of the newly
built, tiered timber retaining wall system.
I recommend that the final, planned timber retaining wall be constructed 4 to 6 feet behind the uppermost
existing wall. The wall should extend from several feet inside both the east and west property lines. Most
of the wall will have a maximum exposed height of about 2-feet. The wall height will increase to about 4-
feet tall near each end where existing slopes increase.
Following completion of the final wall, erosion control should be established and maintained in all
disturbed areas. Areas of concentrated runoff should be directed away from the top of the walls.
As before, the attached typical section should be referenced for construction details. Special note should
be made of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local
building codes, industry specifications, and American Wood Preservers Association for installation
information and details.
The design of the wall system assumes the following:
Wall location: 4 to 6 feet behind the top of the existing upper wall
Wall height(s): 4-feet to 2-feet as noted (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of wall: None
5:1 maximum slope at top and bottom of wall
Wall Type: 6”x5” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
As we discussed, you are planning to that the as-built conditions surveyed for city consideration. Please
forward this to me when it is completed.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 2
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 3
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 18, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To: Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From: Paul Schimnowski, PE
Retaining Wall Engineer
Criterium‐Schimnowski Engineers (CSE)
Paul@CriteriumMN.com
Date: April 1, 2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters, we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form, attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements. Contact our office or refer to our service agreement for current fees.
3. Contact Criterium‐Schimnowski Engineers to schedule any required inspections. Adequate lead
time is required. Similar to typical City inspections, at least one week is recommended. We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium‐
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium‐
Schimnowski Engineers upon request. Form attached.
If a Wall Completion Report (Post‐built Conformance Letter), is requested of CSE, we will require that
you provide construction photos and Statement of Conformance. In addition, CSE will need to perform
a site visit once final grading is completed. Without these three items, we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible. These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1. REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2. SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3. THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE “SOIL VALUES” TABLE. UNLESS OTHEWISE NOTED, NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE. IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION, WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4. THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5. REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6. NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM‐SCHIMNOWSKI ENGINEERS.
7. FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED, THE WALL(S) HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8. THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE "DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS" PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1. THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S) ONLY. THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS, GUARDRAILS, OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2. SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES. THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3. INTERNAL COMPOUND STABILITY (ICS) HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER, ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER. ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS. IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK, A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS. THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE‐CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
(‘reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
(a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
(b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
(c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
(d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
(e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To: Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From: Paul Schimnowski, PE
Retaining Wall Engineer
Criterium‐Schimnowski Engineers (CSE)
Paul@CriteriumMN.com
Date: April 1, 2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters, we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form, attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements. Contact our office or refer to our service agreement for current fees.
3. Contact Criterium‐Schimnowski Engineers to schedule any required inspections. Adequate lead
time is required. Similar to typical City inspections, at least one week is recommended. We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium‐
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium‐
Schimnowski Engineers upon request. Form attached.
If a Wall Completion Report (Post‐built Conformance Letter), is requested of CSE, we will require that
you provide construction photos and Statement of Conformance. In addition, CSE will need to perform
a site visit once final grading is completed. Without these three items, we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible. These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1. REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2. SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3. THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE “SOIL VALUES” TABLE. UNLESS OTHEWISE NOTED, NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE. IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION, WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4. THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5. REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6. NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM‐SCHIMNOWSKI ENGINEERS.
7. FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED, THE WALL(S) HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8. THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE "DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS" PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1. THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S) ONLY. THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS, GUARDRAILS, OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2. SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES. THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3. INTERNAL COMPOUND STABILITY (ICS) HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER, ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER. ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS. IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK, A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS. THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE‐CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
(‘reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
(a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
(b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
(c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
(d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
(e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
August 24, 2022
Josh Peterson
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Segmental Retaining Wall Typical Section
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Peterson:
This letter includes important details regarding the attached design typical engineered sections for the
timber retaining walls at the above location. This design is based on wall layout information provided by
you in an email on August 23, 2022, including: a Certificate of Survey prepared by Gronberg and
Associates dated May 18, 2022; measurements of the wall heights and face to face distances; and
photos of the existing conditions.
The attached typical section should be referenced for construction details. Special note should be made
of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local building
codes, industry specifications, and American Wood Preservers Association for installation information and
details.
The design of the wall system assumes the following:
Wall location: Replacement of the existing tiered timber walls in the same configuration
Wall height(s): 7-feet to 2-feet as noted on the attached sketch, with minimum face-to-face
distance between the walls (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of walls: Decks as noted
10:1 maximum slope at top and bottom of walls
Wall Type: 6” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 2
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: August 24, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 3
Retaining Wall Completion Reports and
Construction Inspections
To: Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From: Paul Schimnowski, PE
Retaining Wall Engineer
Criterium‐Schimnowski Engineers (CSE)
Paul@CriteriumMN.com
Date: April 1, 2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters, we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form, attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements. Contact our office or refer to our service agreement for current fees.
3. Contact Criterium‐Schimnowski Engineers to schedule any required inspections. Adequate lead
time is required. Similar to typical City inspections, at least one week is recommended. We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium‐
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium‐
Schimnowski Engineers upon request. Form attached.
If a Wall Completion Report (Post‐built Conformance Letter), is requested of CSE, we will require that
you provide construction photos and Statement of Conformance. In addition, CSE will need to perform
a site visit once final grading is completed. Without these three items, we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible. These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 6
DESIGN PROVISIONS:
1. REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2. SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3. THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE “SOIL VALUES” TABLE. UNLESS OTHEWISE NOTED, NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE. IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION, WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4. THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5. REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6. NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM‐SCHIMNOWSKI ENGINEERS.
7. FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED, THE WALL(S) HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8. THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE "DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS" PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1. THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S) ONLY. THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS, GUARDRAILS, OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2. SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES. THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3. INTERNAL COMPOUND STABILITY (ICS) HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER, ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER. ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS. IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK, A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS. THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE‐CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 7
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
(‘reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
(a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
(b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
(c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
(d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
(e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
November 22, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Supplemental Report - Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter is being sent in response to the email we received from Melanie Curtis from the City of Orono.
Based on her review of my previous letter to you dated November 18, 2022, she is requesting additional
information.
It is my professional opinion that the work I recommended should qualify in regards to City Code Section
78-1726 (6): Emergency repair exception.
The slopes at the top of the timber retaining walls constructed to-date are much steeper than originally
designed. The construction of the final, planned retaining wall at the top of the tiered retaining wall system
is required to stabilize these slopes. Failure to stabilize and reduce the steepness of these slopes with the
construction of the planned wall will likely result in a slope failure, significant erosion, and damage to the
retaining walls already constructed.
Refer to my original design dated August 24, 2022, and my previous letter dated November 18, 2022, for
further information.
Please call me if you have any questions or need more information. Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 22, 2022 License #: 40126 (MN)
November 18, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter includes important details regarding the completion of planned work at the above location.
These recommendations are based on my original design dated August 24, 2022, and my site
observations and discussion with you on October 31 and November 17, 2022.
This previously designed work is recommended to be completed at this time to improve the site grading
by reducing the steepness of some slopes and will reduce the chances of erosion at the top of the newly
built, tiered timber retaining wall system.
I recommend that the final, planned timber retaining wall be constructed 4 to 6 feet behind the uppermost
existing wall. The wall should extend from several feet inside both the east and west property lines. Most
of the wall will have a maximum exposed height of about 2-feet. The wall height will increase to about 4-
feet tall near each end where existing slopes increase.
Following completion of the final wall, erosion control should be established and maintained in all
disturbed areas. Areas of concentrated runoff should be directed away from the top of the walls.
As before, the attached typical section should be referenced for construction details. Special note should
be made of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local
building codes, industry specifications, and American Wood Preservers Association for installation
information and details.
The design of the wall system assumes the following:
Wall location: 4 to 6 feet behind the top of the existing upper wall
Wall height(s): 4-feet to 2-feet as noted (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of wall: None
5:1 maximum slope at top and bottom of wall
Wall Type: 6”x5” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
As we discussed, you are planning to that the as-built conditions surveyed for city consideration. Please
forward this to me when it is completed.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 2
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 3
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 18, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To: Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From: Paul Schimnowski, PE
Retaining Wall Engineer
Criterium‐Schimnowski Engineers (CSE)
Paul@CriteriumMN.com
Date: April 1, 2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters, we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form, attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements. Contact our office or refer to our service agreement for current fees.
3. Contact Criterium‐Schimnowski Engineers to schedule any required inspections. Adequate lead
time is required. Similar to typical City inspections, at least one week is recommended. We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium‐
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium‐
Schimnowski Engineers upon request. Form attached.
If a Wall Completion Report (Post‐built Conformance Letter), is requested of CSE, we will require that
you provide construction photos and Statement of Conformance. In addition, CSE will need to perform
a site visit once final grading is completed. Without these three items, we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible. These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1. REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2. SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3. THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE “SOIL VALUES” TABLE. UNLESS OTHEWISE NOTED, NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE. IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION, WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4. THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5. REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6. NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM‐SCHIMNOWSKI ENGINEERS.
7. FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED, THE WALL(S) HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8. THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE "DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS" PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1. THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S) ONLY. THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS, GUARDRAILS, OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2. SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES. THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3. INTERNAL COMPOUND STABILITY (ICS) HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER, ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER. ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS. IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK, A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS. THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE‐CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
(‘reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
(a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
(b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
(c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
(d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
(e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To: Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From: Paul Schimnowski, PE
Retaining Wall Engineer
Criterium‐Schimnowski Engineers (CSE)
Paul@CriteriumMN.com
Date: April 1, 2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters, we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form, attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements. Contact our office or refer to our service agreement for current fees.
3. Contact Criterium‐Schimnowski Engineers to schedule any required inspections. Adequate lead
time is required. Similar to typical City inspections, at least one week is recommended. We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium‐
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium‐
Schimnowski Engineers upon request. Form attached.
If a Wall Completion Report (Post‐built Conformance Letter), is requested of CSE, we will require that
you provide construction photos and Statement of Conformance. In addition, CSE will need to perform
a site visit once final grading is completed. Without these three items, we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible. These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1. REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2. SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3. THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE “SOIL VALUES” TABLE. UNLESS OTHEWISE NOTED, NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE. IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION, WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4. THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5. REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6. NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM‐SCHIMNOWSKI ENGINEERS.
7. FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED, THE WALL(S) HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8. THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE "DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS" PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1. THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S) ONLY. THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS, GUARDRAILS, OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2. SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES. THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3. INTERNAL COMPOUND STABILITY (ICS) HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER, ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER. ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS. IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK, A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS. THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE‐CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
(‘reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
(a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
(b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
(c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
(d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
(e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
August 24, 2022
Josh Peterson
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Segmental Retaining Wall Typical Section
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Peterson:
This letter includes important details regarding the attached design typical engineered sections for the
timber retaining walls at the above location. This design is based on wall layout information provided by
you in an email on August 23, 2022, including: a Certificate of Survey prepared by Gronberg and
Associates dated May 18, 2022; measurements of the wall heights and face to face distances; and
photos of the existing conditions.
The attached typical section should be referenced for construction details. Special note should be made
of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local building
codes, industry specifications, and American Wood Preservers Association for installation information and
details.
The design of the wall system assumes the following:
Wall location: Replacement of the existing tiered timber walls in the same configuration
Wall height(s): 7-feet to 2-feet as noted on the attached sketch, with minimum face-to-face
distance between the walls (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of walls: Decks as noted
10:1 maximum slope at top and bottom of walls
Wall Type: 6” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 2
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: August 24, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 3
Retaining Wall Completion Reports and
Construction Inspections
To: Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From: Paul Schimnowski, PE
Retaining Wall Engineer
Criterium‐Schimnowski Engineers (CSE)
Paul@CriteriumMN.com
Date: April 1, 2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters, we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form, attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements. Contact our office or refer to our service agreement for current fees.
3. Contact Criterium‐Schimnowski Engineers to schedule any required inspections. Adequate lead
time is required. Similar to typical City inspections, at least one week is recommended. We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium‐
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium‐
Schimnowski Engineers upon request. Form attached.
If a Wall Completion Report (Post‐built Conformance Letter), is requested of CSE, we will require that
you provide construction photos and Statement of Conformance. In addition, CSE will need to perform
a site visit once final grading is completed. Without these three items, we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible. These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 6
DESIGN PROVISIONS:
1. REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2. SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3. THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE “SOIL VALUES” TABLE. UNLESS OTHEWISE NOTED, NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE. IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION, WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4. THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5. REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6. NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM‐SCHIMNOWSKI ENGINEERS.
7. FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED, THE WALL(S) HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8. THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE "DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS" PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1. THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S) ONLY. THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS, GUARDRAILS, OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2. SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES. THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3. INTERNAL COMPOUND STABILITY (ICS) HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER, ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER. ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS. IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK, A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS. THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE‐CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 7
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
(‘reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
(a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
(b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
(c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
(d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
(e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
Title VI - LAND USE
Chapter 78 - ZONING REGULATIONS
ARTICLE XIV. - INTERIM USES
DIVISION 1. - GENERALLY
Subdivision I. Land Alterations
Orono, Minnesota, Code of Ordinances Created: 2022-03-25 15:53:39 [EST]
(Supp. No. 20, Update 1)
Page 1 of 2
Subdivision I. Land Alterations 1
Sec. 78-1725. Purpose and intent.
The purpose of this section is to promote the health, safety, and welfare of the community and to establish
reasonable uniform limitations, standards, and controls for land alterations, excavating, filling and grading within
the city. The regulations will allow the city to better manage stormwater discharge, ensuring drainage does not
negatively impact neighboring properties, manage hauling traffic and noise, and prevent erosion issues onto
adjacent properties, wetlands, lakes, and roads.
(Ord. No. 219 3rd series, § 6, 12-10-2018)
Sec. 78-1726. Interim use permit required.
An application for an interim use permit shall be accompanied by a certified site plan showing the location of
the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or
stored, placed, or graded, and such other information as the council may require. Applications shall be filed with
the city administrator and shall be accompanied by a deposit to be determined by the city, which will be used to
offset the cost of processing the application. Any unused portion will be refunded to the applicant.
(a) Except where otherwise provided in the article, it is unlawful for any person to perform or have
performed the following land alteration activities without an interim use permit issued by the council:
(1) Mining. The commercial extraction of sand, gravel or other material from the land and their
removal from the site without processing shall be mining. In all districts, the conduct of mining
shall be permitted only upon issuance of a interim use permit. Such permit shall include, as a
condition, a plan for a finished grade which will not adversely affect the surrounding land or
development of the site on which the mining is being conducted, and the route of trucks moving
to and from the sites. A bond will be required for restoration
(2) Soil processing. The operation of processing of sand, gravel or other material mined from the
land shall be permitted only by interim use permit. Such permit shall include a site plan where
the processing is to be done, showing the location of the plant, disposal of water, route of trucks
moving to and from the site in removing processed material from the site, the condition in which
the site is intended to be left upon completion, hour of operation; and such permit shall not be
granted for a period of longer than 12 months
(3) Creation of an engineered grade for the basis of building height determination outside of a
subdivision.
(4) Unless included as part of a permitted project or as exempted below, the following activities
require a separate interim use permit.
1Cross reference(s)—Grading and land alterations, § 78-1590 et seq.
Created: 2022-03-25 15:53:39 [EST]
(Supp. No. 20, Update 1)
Page 2 of 2
Location Activity
Lake Yard or
Shore Setback
Zone
Activity in the
Shoreland
Overlay District,
but outside the
Lake Yard
All other areas,
lots 5 acres or
less
All other areas,
lots greater than
5 acres
Grading More than 10
CY, or more than
1,000 sq. ft. of
disturbed area
More than 2,500
CY, or more than
10,000 sq. ft. of
area
More than 2,500
CY, or more than
10,000 sq. ft. of
area
More than 5,000
CY, or more than
20,000 sq. ft. of
area
Import/Export More than 500
CY
More than 500
CY
More than 2,500
CY
More than 5,000
CY
Stockpiling Stockpiling more
than 90 days
Stockpiling more
than 180 days
Stockpiling more
than 180 days
Stockpiling more
than 180 days
(5) Conducting grading or land alterations which result in changes in elevations within five feet of
adjacent properties, unless part of a building project.
(6) Emergency repair exception. Slope failures have a direct impact on the health and welfare of
Orono residents, and timely response to such events is important to the protection of natural
resources and private property. Therefore, the city engineer may declare grading and/or
export/import activities in the Lake yard exceeding the limits above as emergency repair and
forward such application to the city council for immediate review. Emergency repair shall be
defined for the purposes of this article as the activities necessary to stabilize a failing slope, or
prevent the imminent failure of a slope, in the opinion of the city engineer.
(Ord. No. 219 3rd series, § 6, 12-10-2018; Ord. No. 243 3rd series, § 4, 4-13-2020)
Secs. 78-1727—78-1744. Reserved.