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HomeMy WebLinkAbout01-09-2023 Council PacketAgenda Council Meeting Monday, January 9, 2023 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 Oath of Office 1. Oath of Office A. Council Member Matt Johnson B. Council Member Alisa Benson Approval of Agenda Consent Agenda 2. City Council Meeting Minutes of December 12, 2022 3. Claims/Bills 4. 2022 Interfund Transfers & Loan Payments 5. Approval to Accept Donation – Helmsley Charitable Trust – Resolution No. 7330 6. Approval to Accept Donation – William and Anastasia Hoeft – Resolution No. 7331 7. Authorization to Hire Hunter Buchanan – Part-Time CSO (Cadet) 8. Authorization to Hire Melissa Klukas – Police Officer 9. Approval to Dispose of Firearm 10. Approval of 2022 Sewer Rehabilitation Project Closeout (22-014) 11. Engineering and Design Support Approval for 2023 Sanitary Sewer Improvements Project (23-014) 12. Shoreline Estates (LA21-000055) - Acceptance Public Improvements – Resolution No. 7329 13. Approval to Purchase Tire Replacement Equipment 14. Approval to Purchase Parks Equipment 15. Approval of Fire Ladder Truck Rehab and Equipping 16. Watermain Replacement Project (22-023) – Change Order #1 17. Shoreline Estates (LA21-000055) - Stormwater Maintenance Agreement Amendment Presentation 18. Approval to Accept Donation – Crime Prevention Fund – Resolution No. 7332 19. Approval to Accept Donation – Crime Prevention Fund – Resolution No. 7333 Community Development Report 20. LA22-000055, Eskuche Design o/b/o Travis & Sara Wildenberg, 3838 Cherry Avenue, Variances Finance Report City Attorney Report Agenda Council Meeting Monday, January 9, 2023 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 City Administrator/Engineer Report Public Comments – (Limit 3 Minutes per Person) This is an opportunity for the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Mayor/Council Report Adjournment Upcoming Events 2023 01/16 Offices Closed 01/17 Planning Commission Meeting, 6:00 p.m. ( Dennis Walsh) 01/23 Council Work Session, 5:00 p.m. 01/23 Council Meeting, 6:00 p.m. 02/06 Park Commission Meeting, 6:00 p.m. 02/13 Council Work Session, 5:00 p.m. 02/13 Council Meeting, 6:00 p.m. 02/20 City Offices Closed 02/21 Planning Commission Meeting, 6:00 p.m. (Richard F. Crosby II) 02/27 Council Work Session, 5:00 p.m. 02/27 Council Meeting, 6:00 p.m. 03/06 Park Commission Work Session, 6:00 p.m. 03/13 Council Work Session, 5:00 p.m. 03/13 Council Meeting, 6:00 p.m. 03/20 Planning Commission Meeting, 6:00 p.m. (Victoria Seals) 03/27 Council Work Session, 5:00 p.m. 03/27 Council Meeting, 6:00 p.m. AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: 1.Purpose. The purpose of this action item is to administer the Oath of Office to the newly elected City Council Members listed below: 2.Background. The City Council Certified the Results of the November 8, 2022 Municipal Election at their November 14, 2022 Council Meeting. a.Council Member Matt Johnson was re-elected to the office of City Council Member and will resume his duties at the Monday, January 9, 2023 Council Meeting. b. Council Member Elect Alisa Benson was elected to the office of City Council Member and will begin her duties at the Monday, January 9, 2023 Council Meeting. 3.Staff Recommendation. Staff recommends administering the Oath of Office for the elected City Council Members. COUNCIL ACTION REQUESTED Administer the Oath of Office. Exhibit A.Oath of Office Item No.: 1 Date: January 9, 2023 Item Description: Oath of Office Presenter: Anna Carlson City Clerk Agenda Section: Oath of Office OATH OF OFFICE w OATH State of Minnesota ss. County of Hennepin I, Matt Johnson do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of the Office of City Council Member of the City of Orono in the County of Hennepin, the State of Minnesota, to the best of my judgment and ability. _________________________________________ Signature Subscribed and sworn to before me this 9th day of January 2023. _________________________________ Signature of Notary Public OATH OF OFFICE w OATH State of Minnesota ss. County of Hennepin I, Alisa Benson do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of the Office of City Council Member of the City of Orono in the County of Hennepin, the State of Minnesota, to the best of my judgment and ability. _________________________________________ Signature Subscribed and sworn to before me this 10th day of January 2023. _________________________________ Signature of Notary Public MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 14 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 (present until 8:30 p.m.), and Victoria Seals. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Public Works Superintendent David Goman, Finance Director Ron Olson, Community Development Director Laura Oakden, and City Planner Melanie Curtis. Mayor Walsh noted it is Member Printup’s final meeting and that Mr. Printup will run the meeting this evening as acting mayor. Acting Mayor Printup called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. 2023 Budget Hearing - Truth in Taxation Public Hearing - 6:00 p.m. a. 2023 Budget Information b. Adopt Final 2022 Levy Collectible in 2023 – Resolution No. 7318 c. Adopt Final 2023 General Fund Budget – Resolution No. 7319 d. Adopt the 2023 Special Revenue Funds Budgets – Resolution No. 7320 e. Adopt the 2023 Enterprise Fund Budget – Resolution No. 7321 f. Adopt 2023 Fee Schedule – Ordinance No. 281, Third Series g. Adopt 2023 Capital Improvement Plan f. Adopt 2023 Fee Schedule – Ordinance No. 281, Third Series g. Adopt 2023 Capital Improvement Plan Finance Director Olson gave a summary presentation on the 2023 budget and tax levy. He gave examples of how property taxes are calculated within the City and explained estimated market value, tax class rate, tax capacity, and the tax levy. He noted that the Property Tax Levy ($8,387,000) divided by City Tax Capacity ($50,624,004) equals the Tax Capacity Rate (16.57%). Mr. Olson showed an example of property tax calculations on a $1,225,000 residential homestead property on the screen and explained the calculations for net tax. He shared key drivers of the City budget including inflation, police department budget increase of 8.7%, fire protection services, park department staffing, and the brush site. Mr. Olson clarified the general fund budget is increasing by $1,000,000 or just over 10% and a lot of the increase is due to wages and benefits. He spoke about line items in the tax levy including the General Fund, Building Fund, Pavement Management Fund, Parks Fund, Community Investment, and Improvement Bonds. Regarding the Fee Schedule, Mr. Olson explained application fees, minimum cost permits, other zoning permits, a plan re-review fee, license fees, police administration fees, park fees, and utility rates and fees. Member Printup opened the public hearing at 6:38 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 14 Ron Potas, 2190 Shadywood Road, thinks it is admirable that Orono is substantially lower than most communities in the area. However when he received his property taxes for 2023 it reflected something quite different. He asked if one has not done anything to their home in 15-20 years and it is just increased inflation, how can the tax rate for Orono be substantially (50%) above and beyond the norm. Mayor Walsh replied the City’s tax rate has been the same for about 7 years. If the value of one’s house has gone up, the same tax rate would be applied against the increase in value of the home. He noted the tax rate has gone down from the previous year in the City. Mr. Potas calculated Hennepin County property taxes for 4 years, as well as the City of Orono’s portion and the school district, and shared his results and percentages. He asked how they account for the huge increases in property tax. Mayor Walsh noted a main issue in the City has been making sure the tax rate does not go up. In looking at the tax statement, it all depends on what the value of one’s house is. If a house goes up 40%, then taxes are likely going to go up 40%, also. He noted costs, inflation, and wages all went up within the City, also. The City of Orono has roads within their budget so people do not receive a bill when the City comes out to redo or fix the roads. All water and sewer is also built in so when things break it is in the budget and people do not get billed. Mayor Walsh shared about a recent newspaper article about Long Lake and that in one of the highest revenue years, with a drought and many people using more water, they are bleeding red ink; however in a wet year when they do not get any revenue, they will be under water. Mayor Walsh stated they also charge people every time they want to redo a road and gave an example of a water tower failure in Tonka Beach and they did not have money to fix the water issue. He spoke about roads in Minnetrista and Mound who do not have money for infrastructure and must bond for roads; Mound also has water issues and boiling water notices. Mayor Walsh clarified Orono does not have any of these issues because it is all budgeted. Johnson clarified the only way for Mr. Potas’ taxes to increase when he has not done any updates to his house, is that the Hennepin County Assessor increased the home’s value. The mill-rate that the City of Orono is charging residents is virtually unchanged and even went down a bit. Johnson noted Mr. Potas’ assessed value from Hennepin County must have gone up about 25%. Seals noted she had the same issue when the value of her parents’ home on the lake has also gone up astronomically while in Minneapolis it was 8%. Printup noted Hennepin County heard loud-and-clear from Orono regarding this issue. Crosby noted one can always challenge their assessed value with the County. He noted real estate values shot up due to a limited inventory as a result of government shutdowns and intervention. Crosby asked the assessor if next year when real estate values are down by 20%, will they drop rates by 20%? He noted they should because these rates are ridiculous and overblown. Mr. Potas has been retired for 8 years and his income is nowhere near where it was. However, his property taxes are 25% of his income. He noted either at the City, County, or State level there should be a “super senior” category for increases in property taxes. His income is going nowhere and his property taxes are going up. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 14 Mayor Walsh stated the State has seventeen billion dollars in surplus and noted this is the right time for Mr. Potas to call his legislator, Andrew Myers, to have a conversation about this type of help. Mr. Potas noted perhaps the City should be cutting back on projects now. He thanked the Council for their time. Member Printup closed the public hearing at 6:59 p.m. Walsh moved, Crosby seconded, to approve the 2023 Property Tax Levy, 2023 General Fund Budget, 2023 Special Revenue Fund Budget, 2023 Enterprise Fund Budget, 2023 Capital Improvement Fund, and 2023 Fee Schedule. VOTE: Ayes 5, Nays 0. CONSENT AGENDA Members of the public asked to remove item 6 and item 10 from the Consent Agenda. 2. CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2022 3. CLAIMS/BILLS 4. APPROVAL OF RENTAL LICENSES 5. APPROVAL OF KENNEL LICENSE 6. APPROVAL OF 2023 ANNUAL APPOINTMENTS – RESOLUTION NO. 7322 This item was removed from the Consent Agenda. 7. COST OF LIVING ADJUSTMENTS FOR NON-UNION EMPLOYEES – RESOLUTION NO. 7323 8. PUBLIC WORKS FACILITY (21-039) – SPECIAL INSPECTION AND CONSTRUCTION TESTING CONTRACT 9. LA22-000054 – DAVID CHARLEZ DESIGNS, 3275 CARMAN ROAD, VARIANCE – RESOLUTION NO. 7324 10. LA22-000056 – PATRICK REGAN (JDD STUDIOS), 200 WOODHILL ROAD, CONDITIONAL USE PERMIT/VARIANCE – RESOLUTION NO. 7325 This item was removed from the Consent Agenda. 11. ASSIGNMENT OF DEVELOPMENT AGREEMENT - CRYSTAL BAY BUSINESS CENTER 12. APPROVAL TO ACCEPT DONATION – RESOLUTION NO. 7326 13. APPROVAL TO ACCEPT RESIGNATION – TIM WESSELS 14. ADOPT RESOLUTION OF APPRECIATION TO COUNCIL MEMBER AARON PRINTUP – RESOLUTION NO. 7328 MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 14 Crosby moved, Johnson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. Crosby noted the community has lost a wonderful member, Julie Krahl, he read Ms. Krahl’s obituary aloud and stated she had the largest gentle heart of anyone he knows and her absence will be profound. 6. APPROVAL OF 2023 ANNUAL APPOINTMENTS – RESOLUTION NO. 7322 Kim Carswell, 261 Cygnet Place, asked with the recent election she’d like to understand why they are approving assignments before the new City Council is in place in January. She asked if Alisa Benson will have an opportunity to select where she wants to be after the decision is made. Mayor Walsh noted they can always change the appointments and he has reached out to Ms. Benson about getting together for a conversation regarding City Council; he noted she did not want to talk with him. Alisa Benson, 1220 Lyman Avenue, asked to clarify that it is true that Mayor Walsh reached out for a cup of coffee and her response was that if it were related to City business she would be happy to meet at City Hall with Staff present. She asked them not to take it in a way that says she does not want to meet with him. Johnson moved, Seals seconded, to approve 2023 Annual Appointments, Resolution No. 7322. VOTE: Ayes 5, Nays 0. 10. LA22-000056 – PATRICK REGAN (JDD STUDIOS), 200 WOODHILL ROAD, CONDITIONAL USE PERMIT/VARIANCE – RESOLUTION NO. 7325 Jane Delaney, 1315 Woodhill Avenue, would like to confirm that the existing CUPs (Conditional Use Permits) remain in place. Mayor Walsh clarified everything stays in place. Ms. Delaney is assuming there will not be construction traffic on Woodhill Avenue. Community Development Director Oakden stated regarding the back entrance, the Applicant noted in the application that they will not be using that for any parts of construction for the project. Ms. Delaney is not opposed to the project and noted Xcel Energy was out earlier in the day and they are going to replace all poles due to the project. She asked if she will have notice when that happens. Ms. Oakden does not believe the City is aware when Xcel Energy decides to move forward with expansions as it is their infrastructure. Johnson moved, Seals seconded, to LA22-000056, 200 Woodhill Road, Conditional Use Permit/Variance, Resolution No. 7325. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 14 Printup noted they will take a five minute break before resuming the meeting. COMMUNITY DEVELOPMENT REPORT 15. LA22 – 000050 – MATT JOHNSON, 1003 WILDHURST TRAIL (INCLUDING PIDS 07- 117-23-21-0006; 07-117-23-21-0007; 07-117-23-21-0002), VACATION OF UNIMPROVED RIGHT-OF-WAY – RESOLUTION NO. 7327 Johnson recused himself from the vote and stepped down to participate in the Applicant role. Matt Johnson, Applicant, was present. City Planner Curtis gave a presentation on the item noting the Applicant is requesting to vacate the unimproved portions of right-of-way. This request includes the right-of-way of Lafayette Avenue, Grandview Place, Hattie Place, and the alley within Blocks 3 and 4 as dedicated on the plat of Mount Home Park (highlighted in blue on the inset map). An existing City sewer line and Wright Hennepin Electric overhead power line within the Hattie Place right-of-way. The Applicant has proposed maintaining a utility easement in this area. In 2018 (#LA18-000065), the City reviewed a sketch plan for the properties associated with 1003 Wildhurst Trail (including the 10 acre property to the west). The project included vacation of the subject rights-of-way and development of the properties into 7 total lots. At that time, the Planning Commission and Council were open to the proposal for vacating the rights-of- way as part of the development as long as access to Saga Hill Park was maintained; they were not in favor of the overall project resulting in the creation of substandard lots. On November 21st, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 4 to 0 on a motion to approve the requested vacation of the entire right-of-way area shown in blue (as applied), subject to the City maintaining the utility easement to address the existing utilities in the right-of-way. Staff’s recommendation was to vacate all except for Hattie Place. Neighbors provided public comment during the public hearing, comments are detailed in the meeting minutes, and written comments were also received and included in the packet for the record. Additional comment was received at the November 20 Council meeting and those are also summarized in the minutes. Staff recommends approval of the vacation of Lafayette Avenue, Grandview Place, and the alley within Blocks 3 and 4 dedicated within the plat of Mount Home Park. Further, Staff continues to recommend denial of the request to vacate Hattie Place at this time. Matt Johnson, Applicant, was not on the City Council in 2018 when this item first came before the City. He showed a slide on screen noting what is in red has already been vacated, the white portions are homes such as 997 Wildhurst where the vacated lane was down the middle of the home. The City’s cooperation was necessary and something this particular homeowner did not request, and it would clean up the site to make it usable. Mr. Johnson stated it is currently a one-acre zoning district and he is not making requests to further intensify the property but is simply making it more usable property by removing those unintended roads. Staff has prepared two resolutions and he requests the City Council approve the second resolution to vacate the lanes outlined in green. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 14 Mayor Walsh noted the previous owner lived there for 30-40 years and came to the City Council in 2018 and the City Council at that time said it would be fine with the condition regarding Saga Hill. He spoke about some disingenuous social media posts about a large development next to Saga Hill Preserve. He asked Johnson if it is five acres there. Johnson replied it is under five acres. Mayor Walsh noted one could put three, maybe four max, if one wanted to subdivide and build. He clarified it is not a huge development as it has been said on social media. Crosby asked to clarify that Hattie Place has never been developed at all. Johnson noted the existing garage is in the middle of Hattie Place. Mayor Walsh stated roads have never been built there. Printup welcomed members of the public to speak on the topic. Wendy Williamson, 2200 Plymouth Road, Minnetonka, is the executor and heir of the estate of Christopher Morgart, who owned the 15 acre property at 1003 Wildhurst Trail which consists of five acres with a house and access to a channel in Forest Lake, plus a parcel of 10 wooded acres. Ms. Williamson is here tonight because of the misinformation being spread about the property from neighbors, some of whom are angry that they could not buy it. Ms. Williamson clarified she still owns the 10 acres and sold the 5 acre parcel to Matt Johnson who is currently remodeling the house. Mr. Johnson has no plans to over-develop the property for himself nor sell it to a developer. Ms. Williamson trusts Mr. Johnson because a good friend has known Mr. Johnson his entire life. She had a fiduciary responsibility to the estate to sell it for a good price and even though it could have been sold to a developer for twice the price, Ms. Williamson chose not to. Mr. Morgart did not want the land re-shaped, nor the trees cut down, and she is honoring that. She stated the house and garage were built in 1946 and the property was purchased in 1956, the channel was dug in 1961, and the adjoining 10 acres was purchased in the mid-1970s. She clarified the request for lane vacation is only for the 5 acres and not the 10 acres, there are no fire lanes cutting through the 10 acres, there is an easement on the south side between a one acre lot which is under development. She noted in the last two months a number of trees were cut down on that lot and some people mistakenly think that is the 1003 Wildhurst property. She clarified the easement between that lot and the 10 acres goes up to the park and it could be better marked, however no one can walk on other parcels without trespassing. If Mr. Morgart saw people running or walking in his woods he told them to get out and pointed to the south easement pass noting he did not allow anyone to ski or snowmobile through his property. Ms. Williamson said claims of having paths to the lake and accessing the channel through the yard to go fishing are wrong. The access for Wright Hennepin Power in the driveway will still exist. She stated neighbors fearing development and remembering a lot of trucks in the driveway this summer should realize that it took a lot of loads to get rid of 66 years of “stuff.” Ms. Williamson noted none of those complaining now came to help her nor to ask what was going on at the time. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 14 Penny Saiki, 2874 Casco Point Road, noted Matt Johnson purchased the land with the easements, has told them he is building his own home on the property and renovating the existing house for his parents. This has all now been confirmed from a third party (the seller). Ms. Saiki noted people buy their homes based on location and Orono used to be about preserving natural resources. The neighbors invested in the character of the setting and want to continue to enjoy their privacy. As Ms. Saiki understands from the seller, she does not want the property to be developed. Ms. Saiki noted the DNR review said no vacation shall be made unless it appears in the interest of the public to do so and noted any vacation may allow development that would impact conservation of natural resources and habitats. Since this property has never been developed and has access to public waters, many have wondered why the City has seemingly ignored the guidance of the Minnesota department charged with management of public natural resources. Ms. Saiki stated undeveloped land near the lake is becoming scarce and proposed a solution. Since the City Council and Planning Commission intend to give the land to Mr. Johnson, they need to protect the rest of Orono as owners of the land and stated “we are all owners as residents of Orono.” Ms. Saiki said a covenant shall be placed on the deed that states that one house can be built on the property, the existing house would become an ancillary structure (a guesthouse). A covenant attached to the deed means it is on the land so if ownership changes to a contractor or LLC they are also bound to that one house limit. Outside the scope of this project, Ms. Saiki said there are 3,100 households in Orono and there is a limit to how much City structures and services can be financed through taxes. Building more houses to increase the tax base is one way to increase income, but another way is to better manage expenditures. Cases in point include district fire services which have been favored for over thirty years. Printup noted Ms. Saiki must stick to talking about this item. Ms. Saiki stated they must get public support for big expenditures, and stop giving away public land, especially to those who need to recuse themselves when it comes to a vote. That in itself is recognition of conflict of interest. Henry Brantingham, 3185 County Road 6, does not live near the property and has no particular interest. He is interested in the process and looked at the Planning Commission notes where 14 citizens were at the meeting or had submitted written comments. The “score” by citizens was 14 to 0 with 100% against. He read some comments from the minutes of the evening such as “extremely unfair,” “not for the benefit of the citizens of Orono,” “I have a hard time wrapping my head around giving away land for free,” “the big question is that none of us knows the intention of Mr. Johnson.” Mr. Brantingham finds it interesting that they are talking about it being one house but the Members are discussing back and forth that perhaps Mr. Johnson could put in three houses. Other comments include “the plan is incomplete,” “MN Statute 412.853” which is State law, “there is no public benefit,” “why are you giving these parcels away,” “we agree with the DNR there does not appear to be public benefit,” “far reaching implications highlighted by the DNR impacting Forest Lake Bay,” “I am strongly against vacating that right-of-way.” Mr. Brantingham noted after hearing all of this the Planning Commission voted 4-0 to recommend vacating these properties and he is shocked. He said perhaps he is naïve and asked if there is anyone in Orono besides the City Council and the Staff that thinks this is a good idea. He has not heard one person except them say this is a good thing. He asked if it has occurred to anyone what an incredible ethics problem this is? It is a sitting Council Member who recused himself and Mr. Brantingham has a concern about the process. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 14 Bridgitte Hamblin, 4665 West Branch Road, is across the marsh from this property and is seriously worried about impact to wildlife and the rest of the property owners. She noted there is a cougar and coyotes on the property, as well as fox, turkeys, and incredible wildlife. She is worried about impact to her property value due to the serene nature of what it backs up to, the incredible marsh area which will be completely impacted if 3, 5, 7, or 8 houses go in. She has heard many numbers, there is not any official word, and what really concerns her is the fact that the City Council is considering this without any actual plan given. Ms. Hamblin thinks it is a huge ethics issue and they all need to think about that. The people of the town are very concerned about any ethics issue and she would like the Council to reconsider this. The property owners who have bought property and are raising children in this town have come here because of rural residential in Orono. It is considered a place where wildlife runs free, children can run free, and they have seen a ton of development in the last couple of years. This is one piece of property that does not need to be developed. Brian Turpeville, 997 Wildhurst Trail, does not think the Planning Commission listened or heard what the public had to say. He felt it was so disingenuous to come up and speak because that decision was made before the public even showed up. He hoped in coming to the City Council he would hear something different but heard the comments leading the Applicant to help him. Mr. Turpeville showed photos on screen of Wildhurst Trail and the channel noting it is private land and he hopes the City Council does not tell Mr. Turpeville one day what he can and cannot do with his property. He wants to stay within guidelines and rules and do exactly what he intends to do. He showed an overhead photo and said here is the jewel of Orono, a wooded area that connects to many plots with low density and population, and they are talking about giving part of it away. He spoke about wildlife and that it was said at the other meeting that this is worthless land, low, mushy, unwalkable and he showed a photo of the easement noting it is navigable, one could snowmobile, walk, and it is firm ground. He continued showing photos of the area on screen and spoke about the channel noting the lake touches the property and one can walk the easement on the outer edge of the property. Mr. Turpeville thinks it was said by Charter that if they were to give away an easement it would be split between two homeowners rather than given to one. Especially in the winter there are people who walk and noted it is probably accurate to say the easement was given to build his house and others in that development. He noted the only thing that puts burden on the current owner is the alleyway up the center. Ultimately 10-plus taxpayers got up and said they do not agree with this, and Mr. Turpeville does not want to put burden on the property owner. Proposals for the property have been floated and show either 4-5 homes or 2 homes being built. Mr. Turpeville stated if it smells like a duck, quacks like a duck, and looks like a duck, it is probably a duck. If a boat comes down the channel this summer and asks if this is where the lots are for sale, if a realtor said to him ‘I think there are lots for sale up in there,’ if other neighbors have heard about dredging plans to widen the channel and expand it to its original state, if there is activity on the property that ends just before all of this happens, if there is a gathering on the property to celebrate Mr. Morgart’s life a week before the closing, Mr. Johnson could have come and met half the neighbors. However, the quiet, blind, let’s slide it through, let’s wait until Christmas, and put it through when the snowbirds are gone and less people are here to oppose it makes no sense. He asked if he is the stupid guy in the room. Ken Peterson, 1074 Wildhurst Trail, lends his voice to what they have just heard and asked what the public purpose is here. To give up an access point to the water does not seem to give a public purpose. He MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 14 walks his dog in some of those areas and would like to see some debris cleaned out from the corner and have it better marked. Eric Truskoski, 4665 W Branch Road, thinks it is an incomplete plan and he cannot see the public good. He would never deny a property owner the right to use their property as he supports that entirely. His background is residential development and he is not here to say they should not develop but thinks they must develop responsibly. He said the fact that a sitting Council member is bringing this forward raises concerns for him, and noted his neighbor at 4505 W Branch Road has been approached about as easement for access from 151 that aligns with Hattie Place. He thinks it is unwise and bordering on foolish to go ahead and approve something without a full plan in place. Kim Carswell, 261 Cygnet Place, asked if there is no public benefit, what is driving the City Council to allow this to happen. Printup noted the start of the process is an application and the City Council cannot say they will not listen to something. He noted that is why they take public comment and then discuss. Laura Sanden, 4505 W Branch Road, has concerns about Hattie Place and does not understand the impact on wildlife and what the plan is. James Hermanson, 1001 Wildhurst Trail, has concerns relating to the public interest, he understands the new purchaser has said he is building two houses and if so Mr. Hermanson would like to see the plan. If that indeed is his plan it seems reasonable for Mr. Johnson to bring in that plan. It would be nice to have specifics about what will happen to that lot and if the new owner wants to build one house and remodel the old house that should be part of the plan. Mike Mooney, 101 Douglas Drive, Buffalo, stated Mr. Morgart was his cousin and he is very familiar with the property and has been going out there since the mid-1950s. He noted it is a piece of private property and what he is hearing tonight is that there is a feeling that this is a park. There are imaginary roads and the way the existing house is built there is a wall of windows on the north side. In hearing about people going fishing or crossing that land, Mr. Mooney has not seen that and if people are doing that they are trespassing. With Mr. Morgart’s death, obviously something will happen to that property, it has been sold, and people that wanted the property had a chance to buy it for about two years. Resident from 1035 Wildhurst Trail, knows Mr. Johnson and knew Mr. Morgart well, and stated his concern with Hattie Place is that is the only way for large delivery trucks to turn around and if they give that away would that access disappear? Regarding the path going up to Saga Hill, nothing is preventing Mr. Johnson from remodeling the house the way it is right now. His concern in giving away Hattie Place, does that eventually lead to the 10 acres being connected to the 5 acres and being able to slip in more lots than is doable today. He noted Mr. Morgart’s wish was to maintain the integrity of the land and they are not doing anything to maintain the integrity by giving the strips of land away. To him, the only one that is in the way of building a house is the one right down the middle and everything else is not preventing that on this property. He does not have a problem in building on the lot or with Mr. Johnson being his neighbor. He asked why they would do something without seeing what the plan is. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 14 Daniel Iverson, 4640 North Arm Drive, does not live near the property but wonders why consistently the City Council seems to ignore engineer and DNR recommendations and dismiss that as routine. Is the DNR lacking in intelligence or expertise that they do not need to be listened to? Is public comment unnecessary and does not need to be listened to? He thinks comments made about propriety are justified, it does not look right, and leaves suspicion of the City government. They may be well-advised to proceed with caution and consideration for the rest of the people in the City. He was impressed with the City budget noting Finance Director Olson knows what he is doing. Mr. Johnson, Applicant, received an email from a resident who was against this and they had a phone conversation about the process and what Mr. Johnson is trying to do. After talking, the man sent an email in favor of what Mr. Johnson is trying to do. The application has been interesting as these people will be his neighbors, and after learning about a neighborhood meeting he said he would come and share his knowledge, and they said Mr. Johnson was not welcome. He called multiple people with the offer to talk to them so they could learn more about it and they do not return his call. Then he hears stories that he is trying to extend the property from North Branch Road noting he is trying to vacate the road so a road does not go through there and Mr. Johnson is trying to prevent future development through there. It would make zero sense. Mr. Johnson is not offering to sell these to anyone, this is for his use, and the most fair and honest thing he heard tonight was that this is a piece of private property, not a park. People might want to know what he is doing, and Mr. Johnson is curious about what Igor is doing as he has been building a house for a long time, but Mr. Johnson does not have a right to know what Igor is doing inside his house. Mr. Johnson is a pro-property rights person and has extended that to every resident that has come before the City Council and he wants it extended to him because he is a resident. The idea that he should be penalized because he is an elected official is a foreign concept. He appreciates that people want to make sure he is not getting a privilege that someone else is not and he respects that. That can be answered by the 2018 application that did occur, Mr. Johnson wasn’t a part of it, and the City Council was in agreement with the vacation because it is reasonable, it is consistent with the past whether the 1960s, 1970s, 1980s, or even the past couple of years around this neighborhood. He understands that people might like the open space they have enjoyed when the Morgarts owned it. At the same time this is zoned for a use. Mr. Johnson addressed the question regarding if this is vacated why is it going to him and noted this property has three PIDs, and right now it is allowed to have three different properties on it. All the vacations that have occurred have already been given to the plots of land around this property. The only vacations left are for Mr. Johnson’s plot of land and the City does not dictate where the vacated property goes, rather it is the County and asked the City Attorney for comment. Attorney Mattick replied in the affirmative. Mr. Johnson stated the City of Orono is not dictating that he gets it, rather it is through the County. He noted this is a vacation to impede future development, not to enhance it as he heard tonight. Ms. Hamblin appreciates what Mr. Johnson says about owning the land and can do what he wants with the land as they all have that right. As a populace, they have not heard exactly what the plan for the land is, they have heard a lot of rumors, she has a neighbor who was contacted about the potential of a road going in next to her property to access Hattie Lane across the marsh. These are not rumors, these are facts, MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 14 and they have not seen an actual plan. Mr. Johnson is asking to take over public space to create what? They do not know if it will be 3 lots, 5 lots, 7 lots. As property owners, they all have a right to know because they all bought property around this beautiful, pristine area based on what the area was. As the City Council their obligation is to the entire City not just to Mr. Johnson or one property owner. Until he comes up with an actual plan that they can all stand behind and look at, she does not think it is fair or ethical to make a recommendation that he gets this public land. Printup thanked the public for their comments. Seals asked to clarify if in 2018 the City Council was not in support of the non-conforming lots but were in support of vacation of the easements. City Planner Curtis replied in the affirmative. In 2018 the application included the 10 acre piece to the west which showed a number of lots that did not meet width requirements of the district. She noted the 10 acre piece is zoned 2 acres and those on the east side of Hattie Place are one acre lots. Crosby clarified legitimately one could put in three lots there. Curtis replied in the affirmative. Crosby noted in 2018 the City Council supported a vacation. Seals asked when they vacate easements of a similar nature, what is the order of events. Do they vacate roads first, does one need to show the plans first, or is it flexible. Curtis replied a vacation request can come with a development plan or it can be done by a property owner wishing to vacate the public space within their property for whatever purpose. After application, City Staff does analysis, they publish to the utility companies, publish to the DNR if it accesses the lake, they receive feedback and once determination is made that decision goes to the County. The County looks at the original plat and assigns that land to the parcels. For example, the western 30 feet of Hattie Place has been vacated and is now part of the 10 acre piece; the 30 feet would be assigned back to the eastern half and is fully within the home park plat and will not be vacated to the property to the north because it did not come from that land originally. Crosby spoke about precedence noting other lots have had vacations so the homes are there. He is a property rights believer and as long as people are abiding by the rules with setbacks and conformity, it is not up to the City to direct that. Cleaning up some of these issues around the City is important noting some easements are there because of horse and buggy trails which are not applicable today and some go right through the bottom of the lake. He asked what is the purpose in having them there? Basically it is to prevent someone from building on their private property or to control what they can do with their own land. Crosby asked the man who said to look at the crowd tonight to look in the mirror as he would not want that done to his private land. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 14 Mayor Walsh thinks the public good is that they are cleaning these up and making them developable and livable. These vacations were done where the houses are currently and were done on the 10 acre parcel. This plot of land was done 130 years ago when the water was 15 feet lower and there are plots of land underwater. He noted the person who owned the property the last 30-50 years did not care but in the meantime everything else was vacated. He clarified regarding the DNR their policy is to not approve anything and it is hard to take it seriously from Mayor Walsh’s perspective. He noted the gentleman who said it is not a park was right, and Mayor Walsh knows people have been walking in there. It is not their property and the City Council does not get to tell people how many houses they can build because there are zoning regulations that dictate what one can and cannot do. That is why people buy property in the area they are in. He spoke about Brown Road where people had two acre zoning and people wanted to come in and make it one acre zoning and the City said no. People bought there knowing it was two acres and that is why one buys in an area. He finds it disingenuous for someone to make that comment and a bit offensive to talk about ethical issues. In the 8 years Mayor Walsh has been on the City Council they have had one Planning Commissioner and one City Council Member come before them about a property division or vacation. He noted the members of the City Commissions are all property owners throughout the City and he takes offense that there is some kind of ethics issue. Mayor Walsh understands that people wanted to buy that land and have grudges, however the City Council does not make decisions just because someone brings a bullhorn and has people yell at them. He noted the Council follows the common sense rule, if it makes common sense and they are bettering the community, they have done that over the last eight years. He thinks this is cleaning things up and will be good for the area. The 10 acres to the left is all zoned 2 acres and one can only do so much with it. He is personally in favor of getting this cleaned up and the owner must follow the zoning, setbacks, and everything else. He clarified there cannot be variances for new lots. Walsh moved to approve Resolution 2 reflecting the Planning Commission recommendation for full vacation and reservation of the utility easement within Hattie Place. Crosby would like to discuss this and said regarding the DNR, he has experience with the DNR due to a channel in his area where the timber wall is failing. The homeowners wanted to repair the wall with riprap and rock which is about as natural as one gets but the DNR said no. Therefore the DNR would rather have the old timbers drop into the lake and just leave it alone. Crosby stated that is not an environmental thing, it is a control thing and does not make any sense. When he hears that the DNR would not want this or that, Crosby takes it with a grain of salt. Regarding people going through private property to view something or to access the lake, that is trespassing and people do not have the right to do that. Mr. Johnson noted he would have gone to the meeting regarding the purchase and he was not welcome. Crosby thinks that is unfortunate as there could have been more discussion about concerns. Ms. Williamson, representing the estate, seemed pretty comfortable, which is a good sign. Crosby would welcome Mr. Johnson to talk about what his plans are but if he does not, that is also fine. Controlling what someone does with their own private land, as long as it is within the City Code, the City is not the land police and do not do that, they must play within the rules. Crosby stated the City has vacated old easements that have no purpose. He noted regarding Hattie Place, the City could talk about paving it and making it go all the way through to West Branch. If they have it there and they have the ability to do it, does that mean the City should do it? If it has no place there, then vacating it is not a problem. Crosby seconded the motion. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 14 Printup noted they will take a short break before resuming the meeting. FINANCE DIRECTOR REPORT Finance Director Olson stated they are over budget on building permit revenue at $672,000 of revenue where the budget was originally $557,000 or 121% of revenue. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Edwards had nothing to report. PUBLIC COMMENTS Brad Erickson, 2485 Independence Road, stated it is unfortunate that Crosby had to leave; however, Mr. Erickson is encouraged after the meeting two weeks ago and they are finally having back-and-forth dialogue about the inappropriate videos and Nazi rhetoric being spewed by certain members of the City Council. Many questions remain and he is hopeful they can address them. How is it that the mayor of one of the most affluent cities is allowed to peddle Nazi comparisons for political gain, then threaten by intimidation the second coming of the third Reich via Facebook Messenger? How is it that Mr. Crosby is allowed to peddle Nazi comparisons, propagate extremism, then act as if to serve the community he swore to protect? Is this really our new normal? These two men brought a Nazi narrative to this City and to these Chambers through their words and actions. It is these men who must be held to account. The very day Mayor Walsh sent a Facebook video invoking the extermination of six million Jews, he sealed his political future. Shameful. This has been and will continue to be Mr. Erickson’s duty as the grandson of holocaust survivors. It is also his honor and privilege to speak for those who no longer can speak. In addition to the Jews who were murdered, another five million less-than-desirables were also executed. Then there are the millions who survived and Mr. Erickson asked how many times will they be crucified? He noted they are courting a deep, dark, depraved ideology the depths of which they cannot imagine and no one should be flirting with such filth and vile messaging, especially elected officials. Mr. Erickson stated this is very dangerous territory and they are both ignorant, intolerant, and dangerous men. It is men like them who brought the Nazis to power and men like them who must be stopped from holding future office. Mr. Erickson stands behind everything he has said here in front of God and man and will continue to beat this drum until they are gone. He is imploring the City to live up to its name after the honorable Joseph Orono. MAYOR/COUNCIL REPORT Seals spoke about the Tree Lighting event noting it was very cold, many people still came out, and it was a good sign. Many residents were very thankful for this community event and she received lots of good feedback. She noted they had so many volunteers serving and setting up as well as amazing donors. Johnson thanked Printup for his 12 years of service noting this is a tough job and one does not do it for the fame, glory, or money. Johnson’s heart goes out to the Krahl family noting Ms. Krahl was a young MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 14 woman and gone too soon. He noted he and Seals resumed negotiations with Long Lake regarding the fire discussion and are currently in a holding pattern with an offer from Orono while awaiting Long Lake’s answer. The goal is to keep the department together but they will respect whatever decision Long Lake makes. Printup thanked the prior City Councils he sat with as well as the current City Council. He has learned a great deal and thanked City Staff for their help along the way. Printup wished Ms. Benson good luck as the newly appointed City Council Member. Mayor Walsh noted the Tree Lighting was really good, they had fire pits, carolers, Santa, and it was special. He wished everyone a Merry Christmas and Happy New Year. Mayor Walsh noted he is a commercial real estate broker and has been doing continuing education. He noted in Maple Grove has had large developments that are strictly rental developments and now have a moratorium against the rentals as it has impacted their neighborhoods and areas. Mayor Walsh noted the City has been a firewall and a long time ago people said he is a developer and will develop many marinas and homes. He clarified he is not a developer but a real estate investor and people in Orono wanted to keep Orono the way it was with one acre zoning, two acre zoning, and did not want apartment complexes coming in. Mayor Walsh stated they have told developers throughout the years if they follow the rules in place for the land they are developing they are good. However time after time they would come in and ask for something different. He thinks developers now know there is no point in coming to Orono and asking for changes. He spoke about density, developments coming closer to Orono, and density on Highway 12 that the Met Council has forced the City into and rezoned some of those areas while keeping height standards without going into neighborhoods with density. It scares him when the Met Council will come with another round and he asked where Orono will put that density. It is not a battle the City can win but need to be as magical as they can to work with them and keep the Orono way of life the way they like it. Mayor Walsh closed by reading the Resolution of Appreciation for Member Printup and presented him with a plaque. ADJOURNMENT Seals moved, Johnson seconded, to adjourn the meeting at 9:00 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Ck Reviewed By: RJO Approved By: 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 120231 to 120420 and ACH transaction 20130317 to 2013318 totaling $646,227.25. 3. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Item No.: 3 Date: January 09, 2023 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: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SiteOne Landscape Supply LLC 12/19/2022 119584 121453789-0 101-45210-223 GOLF COURSE TOOL Golf Course 135.00- Total 119584:135.00- GOPHER ACE 12/19/2022 120185 013809/1 101-45210-223 CLEANING SUPPLIES Golf Course 19.99- GOPHER ACE 12/19/2022 120185 13583 101-43000-224 GAS TORACH Public Works Department 38.97- GOPHER ACE 12/19/2022 120185 13609/1 101-45200-223 STAPLE GUN Parks 24.58- GOPHER ACE 12/19/2022 120185 13617/1 101-45200-223 TREE LIGHTING SUPPLIES Parks 84.96- GOPHER ACE 12/19/2022 120185 13635/1 101-45200-223 TACKS Parks 13.77- GOPHER ACE 12/19/2022 120185 13636 701-49800-215 UNIT 431 HYDRAYLIC TANK PARTS 72.46- GOPHER ACE 12/19/2022 120185 13657 701-49800-215 UNIT 431 HYDRALIC TANK PARTS 17.18- GOPHER ACE 12/19/2022 120185 13721/1 101-45200-223 SAND BAGS Parks 34.36- GOPHER ACE 12/19/2022 120185 13731 602-49450-227 XTRA SEWER CAPS FOR I N I INSPECTIONS Sewer 6.36- GOPHER ACE 12/19/2022 120185 13757/1 101-45210-223 TREE LIGHTS Golf Course 9.59- GOPHER ACE 12/19/2022 120185 13773/1 101-45210-223 ROPE Golf Course 102.99- Total 120185:425.21- A 1 RENT IT 12/19/2022 120231 178897-1 101-41900-404 PAINT STRIPER RENTAL Central Services 17.60 Total 120231:17.60 Advance Auto Parts 12/19/2022 120232 6974-450804 602-49450-227 ANTIFREEZE FOR LS 18 GENERATOR Sewer 15.19 Total 120232:15.19 ALLIED MEDICAL TRAINING 12/19/2022 120233 2860 101-42110-437 TRAINING - WIEBUSCH Police Department 375.00 Total 120233:375.00 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-651-49910-240 1" X 1" U JOINT Storm Water 46.27 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-43000-240 INDOOR THERMOMETER FOR SHOP Public Works Department 15.99 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-43000-222 SNOW BRUSH Public Works Department 31.98 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-43000-221 CABLE HARNESS KIT Public Works Department 12.49 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-43000-221 BACK UP ALARMS Public Works Department 102.00 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-43000-222 BATTERY CHARGER POST Public Works Department 27.00 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-43000-386 MOUSE KILLER STATION(FOR LIGHT POLES)Public Works Department 107.00 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-45210-240 SALT SAND VIBRATOR FOR PU SANDER Golf Course 116.90 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-43000-222 WIRE CONNECTORS Public Works Department 10.52 AMAZON CAPITAL SERVICE 12/19/2022 120234 1VY1-PX17-101-43000-222 HEAT SHRINK WRAP Public Works Department 12.11 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AMAZON CAPITAL SERVICE 12/19/2022 120234 VT1-CYLL-T 651-49910-240 1" X 1" U JOINT Storm Water 46.67- Total 120234:435.59 BOLTON & MENK INC.12/19/2022 120235 0303090 225-45200-304 22-059 GC PICKLEBALL AND ICE RINK STUDY 3,787.50 Total 120235:3,787.50 CALIBRE PRESS 12/19/2022 120236 68418 101-42110-437 TRAINING - LANGE Police Department 359.00 Total 120236:359.00 CENTRAL PENSION FUND SOU 12/19/2022 120237 CPF121522 101-21707 LOCAL UNION #49 11/28/22-12/11/22 959.50 Total 120237:959.50 Century Link 12/19/2022 120238 2022.12 WT 601-49400-321 WTP PHONE/INTERNET 12/04/22-1/03/2023 Water 139.74 Total 120238:139.74 CenturyLink 12/19/2022 120239 620605062 L 614-49840-329 INTERNET 11/08/22-12/07/2022 LUMEN Cable Franchise 1,056.15 Total 120239:1,056.15 CHUNKS LAKESHORE AUTO 12/19/2022 120240 0019300 101-42110-402 SQUAD MAINT #253 OIL/FILTER/ CABIN FILTER Police Department 150.41 CHUNKS LAKESHORE AUTO 12/19/2022 120240 0019340 101-42110-402 SQUAD MAINT #264 OIL/FILTER Police Department 58.29 Total 120240:208.70 CITY OF BLOOMINGTON 12/19/2022 120241 21580 601-49400-489 LAB FEES Water 33.00 Total 120241:33.00 CITY OF CORCORAN 12/19/2022 120242 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATHS GRANT Police Department 2,396.77 Total 120242:2,396.77 CITY OF CRYSTAL 12/19/2022 120243 2022.12 101-42110-438 4TH QTR TOWARDS ZERO DEATHS GRANT Police Department 5,911.14 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120243:5,911.14 CITY OF DAYTON 12/19/2022 120244 2022.12 101-42110-438 4TH QTR TOWARDS ZERO DEATHS GRANT Police Department 7,233.41 Total 120244:7,233.41 City of Deephaven 12/19/2022 120245 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATH GRANT Police Department 704.91 Total 120245:704.91 CITY OF MEDINA 12/19/2022 120246 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATH GRANT Police Department 1,686.66 Total 120246:1,686.66 CITY OF MINNEAPOLIS 12/19/2022 120247 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATH GRANT Police Department 6,541.32 Total 120247:6,541.32 CITY OF NEW HOPE 12/19/2022 120248 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATHS GRANT Police Department 9,903.84 Total 120248:9,903.84 CITY OF ROBBINSDALE 12/19/2022 120249 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATH GRANT Police Department 8,547.60 Total 120249:8,547.60 COMMERCIAL ASPHALT 12/19/2022 120250 NP51368 101-43000-224 BLACKTOP FOR PATCHING WINTER MIX Public Works Department 340.82 Total 120250:340.82 Corporate 4 Insurance Agency Inc 12/19/2022 120251 1545325 703-49960-370 2023 INSURANCE AGENT FEE 8,000.00 Total 120251:8,000.00 EHLERS AND ASSOCIATES INC 12/19/2022 120252 92532 321-47000-319 2022 CONTINUING DISCLOSURE 3,075.00 EHLERS AND ASSOCIATES INC 12/19/2022 120252 92615 235-45690-319 2021 TIF REPORTING 130.00 Total 120252:3,205.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount EK JOHNSON CONSTRUCTION 12/19/2022 120253 2022.12 EK J 101-22205 ESCROW REFUND - RAS22-52 580 ORCHARD P 1,000.00 EK JOHNSON CONSTRUCTION 12/19/2022 120253 2022.12 EK J 101-22205 ESCROW REFUND - RPS22-86 580 ORCHARD P 1,000.00 Total 120253:2,000.00 FLAGSHIP RECREATION 12/19/2022 120254 F9876 225-16500 PLAYGROUND EQUIPMENT - CRYSTAL BAY 40,855.75 FLAGSHIP RECREATION 12/19/2022 120254 F9973 225-16500 MULCH - CYSTAL BAY PLAYGROUND 9,862.65 Total 120254:50,718.40 G&H Distributing & Supply Inc 12/19/2022 120255 00165387 701-49800-215 HYDRANT HOSE - UNIT 427 179.64 Total 120255:179.64 GENUINE PARTS COMPANY/NA 12/19/2022 120256 3270-556179 601-49400-222 TIE ROD ENDS REPAIR UNIT 712 Water 138.22 GENUINE PARTS COMPANY/NA 12/19/2022 120256 3270-556179 602-49450-222 TIE ROD ENDS REPAIR UNIT 712 Sewer 138.21 GENUINE PARTS COMPANY/NA 12/19/2022 120256 3270-556184 601-49400-222 TIE ROD END UNIT 712 Water 67.89 Total 120256:344.32 GOPHER ACE 12/19/2022 120257 013809/1 101-45210-223 CLEANING SUPPLIES Golf Course 19.99 GOPHER ACE 12/19/2022 120257 013843/1 101-41900-223 LIGHT BULBS Central Services 14.99 GOPHER ACE 12/19/2022 120257 013855/1 101-41900-404 MARKING TAPE Central Services 37.98 GOPHER ACE 12/19/2022 120257 013900/1 101-41900-223 PAINT SUPPLIES Central Services 8.59 GOPHER ACE 12/19/2022 120257 13583 101-43000-224 GAS TORACH Public Works Department 38.97 GOPHER ACE 12/19/2022 120257 13609/1 101-45200-223 STAPLE GUN Parks 24.58 GOPHER ACE 12/19/2022 120257 13617/1 101-45200-223 TREE LIGHTING SUPPLIES Parks 84.96 GOPHER ACE 12/19/2022 120257 13635/1 101-45200-223 TACKS Parks 13.77 GOPHER ACE 12/19/2022 120257 13636 701-49800-215 UNIT 431 HYDRAYLIC TANK PARTS 72.46 GOPHER ACE 12/19/2022 120257 13657 701-49800-215 UNIT 431 HYDRALIC TANK PARTS 17.18 GOPHER ACE 12/19/2022 120257 13721/1 101-45200-223 SAND BAGS Parks 34.36 GOPHER ACE 12/19/2022 120257 13731 602-49450-227 XTRA SEWER CAPS FOR I N I INSPECTIONS Sewer 6.36 GOPHER ACE 12/19/2022 120257 13757/1 101-45210-223 TREE LIGHTS Golf Course 9.59 GOPHER ACE 12/19/2022 120257 13773/1 101-45210-223 ROPE Golf Course 102.99 GOPHER ACE 12/19/2022 120257 13805 701-49800-215 FUEL LINE HOSE REPAIR FIRE TRUCK GENERA 3.98 GOPHER ACE 12/19/2022 120257 13856 101-41900-404 REPAIR FAUCETS Central Services 11.98 GOPHER ACE 12/19/2022 120257 13859/1 101-45200-223 LIGHT TIMER Parks 24.99 GOPHER ACE 12/19/2022 120257 13937 101-41900-223 STERNOS FOR HOLIDAY NPARTY Central Services 25.99 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120257:553.71 HAWKINS INC 12/19/2022 120258 6359943 601-49400-216 WATER PLANT CHEMICALS Water 120.00 Total 120258:120.00 HENNEPIN COUNTY SHERIFF 12/19/2022 120259 1000196212 101-41600-309 JAIL BILLS Law/Legal Services 89.34 Total 120259:89.34 HOLIDAY COMPANIES 12/19/2022 120260 2022.12 101-43280-489 25 GIFT CARDS DONATION- CRIME PREVENTIO Special Services 500.00 Total 120260:500.00 International Union Local #49 12/19/2022 120261 LOCAL49121 101-21707 LOCAL 49 DUES - 12/2022 420.00 Total 120261:420.00 INTOXIMETERS INC 12/19/2022 120262 SO-0231862 101-42110-240 PBT'S Police Department 1,190.00 Total 120262:1,190.00 JAY MCCOY 12/19/2022 120263 2022.12 101-42110-226 UNIFORMS Police Department 300.06 Total 120263:300.06 JOHN E REID AND ASSOC INC 12/19/2022 120264 B14889CC-0 101-42110-437 TRAINING - LANGE/SLIPKA Police Department 1,260.00 Total 120264:1,260.00 JS STEWART COMPANIES INC 12/19/2022 120265 2022.12 JS S 101-22205 ESCROW REFUND - D21-26 1395 ORONO LN 1,000.00 Total 120265:1,000.00 KENNETH BECK 12/19/2022 120266 2022.12 101-42110-226 UNIFORMS Police Department 123.46 Total 120266:123.46 LANO EQUIPMENT 12/19/2022 120267 03-961496 701-49800-215 SNOW BLOWER REPAIR PARTS 188.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LANO EQUIPMENT 12/19/2022 120267 03-962814 101-45200-404 BROOM PARTS Parks 93.92 Total 120267:281.92 LAPOINTE UTILITIES INC 12/19/2022 120268 2022.12 LAP 101-22205 ESCROW REFUND - ROW22-41 KELLEY PRKY - 1,500.00 LAPOINTE UTILITIES INC 12/19/2022 120268 2022.12 LAP 101-22205 ESCROW REFUND - ROW22-44 FERNDALE RD 1,500.00 LAPOINTE UTILITIES INC 12/19/2022 120268 2022.12 LAP 101-22205 ESCROW REFUND - ROW22-46 S BLOSSOM CI 1,500.00 LAPOINTE UTILITIES INC 12/19/2022 120268 2022.12 LAP 101-22205 ESCROW REFUND - ROW22-48 LYMAN AVE - S 1,500.00 LAPOINTE UTILITIES INC 12/19/2022 120268 2022.12 LAP 101-22205 ESCROW REFUND - ROW22-63 INTERSECTION 1,500.00 LAPOINTE UTILITIES INC 12/19/2022 120268 2022.12 LAP 101-22205 ESCROW REFUND - ROW22-64 WILLOW DR B - 1,500.00 LAPOINTE UTILITIES INC 12/19/2022 120268 2022.12 LAP 101-22205 ESCROW REFUND - ROW22-65 COBBLESTONE 1,500.00 LAPOINTE UTILITIES INC 12/19/2022 120268 2022.12 LAP 101-22205 ESCROW REFUND - ROW22-69 BRIDGEWATER 1,500.00 Total 120268:12,000.00 LARSON, BRETT 12/19/2022 120269 2022.12 LAR 101-22205 ESCROW REFUND - 2480 CARMAN ST (NO ESC 700.00 Total 120269:700.00 LAW ENFORCEMENT LABOR S 12/19/2022 120270 LELS121522 101-21707 LELS DUES - LOCAL 40 12/2022 1,268.24 LAW ENFORCEMENT LABOR S 12/19/2022 120270 LELS121522 101-21707 LELS DUES - LOCAL 168 12/2022 325.00 Total 120270:1,593.24 LOGIS 12/19/2022 120271 52979 101-42110-310 POLICE RECORDS 12/22 Police Department 7,807.00 LOGIS 12/19/2022 120271 52979 710-49970-329 INTERNET 12/22 572.00 LOGIS 12/19/2022 120271 52979 710-49970-311 HOSTED BACKUPS 12/22 1,208.00 LOGIS 12/19/2022 120271 52979 710-49970-311 HOSTED SERVERS 12/22 1,332.00 LOGIS 12/19/2022 120271 52979 710-49970-311 HOSTED COMPLIANCE ARCHIVE 12/22 516.00 LOGIS 12/19/2022 120271 52979 710-49970-311 HOSTED WATCHGUARD 12/22 167.00 Total 120271:11,602.00 LORD FLETCHERS 12/19/2022 120272 20142085 PY 999-10016 INVOICE OVER PYMT 1,625.00 Total 120272:1,625.00 MHSRC/Range 12/19/2022 120273 337900-9757 101-42110-437 PIT TRAINING - SLIPKA/PALM Police Department 1,270.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120273:1,270.00 MINNEAPOLIS PARK POLICE 12/19/2022 120274 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATHS GRANT Police Department 3,536.09 Total 120274:3,536.09 MINNESOTA D.A.R.E. INC 12/19/2022 120275 2022.12 101-42110-437 DARE TRAINING Police Department 1,250.00 Total 120275:1,250.00 MINNETRISTA POLICE DEPART 12/19/2022 120276 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATHS GRANT Police Department 1,953.41 Total 120276:1,953.41 MN DEPT OF AGRICULTURE 12/19/2022 120277 20202524 101-45210-441 PESTICIDE LICENSE Golf Course 10.00 MN DEPT OF AGRICULTURE 12/19/2022 120277 20231590 101-45210-441 PESTICIDE LICENSE - LEMONS Golf Course 10.00 Total 120277:20.00 MN RURAL WATER ASSOCIATI 12/19/2022 120278 12092022 601-49400-433 MRWA 2023 MEMBERSHIP Water 1,101.05 Total 120278:1,101.05 MOUND TRUE VALUE 12/19/2022 120279 184501 101-42110-221 MISC SUPPLIES - HOT WATER NOZZLE Police Department 13.99 MOUND TRUE VALUE 12/19/2022 120279 184578 101-42110-221 MISC SUPPLIES - HEPA FILTER Police Department 30.99 Total 120279:44.98 MOUND WESTONKA ROTARY C 12/19/2022 120280 2022.12 101-41110-439 ROTARY MEETING - CORREY/CHRIS Mayor & Council 50.00 Total 120280:50.00 NAVARRE HARDWARE 12/19/2022 120281 340140 101-41900-404 STRIPING PAINT Central Services 35.96 Total 120281:35.96 NORTH MEMORIAL 12/19/2022 120282 8885027 - 11/101-42110-437 TRAINING - CABLE Police Department 80.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120282:80.00 OLSEN CHAIN AND CABLE INC 12/19/2022 120283 694653 101-43000-222 TRUCK 427 CAIN FOR PLOW LIFT Public Works Department 175.28 Total 120283:175.28 OPD BUSINESS SOLUTIONS LL 12/19/2022 120284 2803376720 101-42110-201 MISC OFFICE SUPPLIES Police Department 26.99 OPD BUSINESS SOLUTIONS LL 12/19/2022 120284 2812613790 101-41900-201 BATTERIES, MARKERS Central Services 76.69 OPD BUSINESS SOLUTIONS LL 12/19/2022 120284 2813084590 101-42110-201 MISC OFFICE SUPPLIES Police Department 24.09 OPD BUSINESS SOLUTIONS LL 12/19/2022 120284 2813127160 101-42110-201 MISC SUPPLIES Police Department 28.02 OPD BUSINESS SOLUTIONS LL 12/19/2022 120284 2813127170 101-42110-201 MISC SUPPLIES Police Department 22.17 OPD BUSINESS SOLUTIONS LL 12/19/2022 120284 2813127180 101-42110-201 MISC OFFICE SUPPLIES Police Department 9.09 Total 120284:187.05 OPEIU - LOCAL 12 12/19/2022 120285 LOCAL12121 101-21707 UNION DUES - LOCAL 12 12/2022 717.50 Total 120285:717.50 Perry's Truck Repair 12/19/2022 120286 54130 701-49800-403 REPAIR SALTER UNIT 431 214.00 Perry's Truck Repair 12/19/2022 120286 54202 101-45200-221 LED PLOW LIGHT UPGRADE UNIT 610 Parks 1,015.00 Perry's Truck Repair 12/19/2022 120286 54238 405-48500-550 SNOW PLOW FOR UNIT 407 9,680.00 Total 120286:10,909.00 PRECISION DECKS 12/19/2022 120287 2022.12 PRE 101-22205 ESCROW REFUND - RAS21-81 2100 SUGARWO 1,000.00 Total 120287:1,000.00 QUALITY FLOW SYSTEMS INC 12/19/2022 120288 44090 602-49450-406 GS#30 CHECK VALVE REPAIR Sewer 1,295.00 Total 120288:1,295.00 ROGERS POLICE DEPARTMEN 12/19/2022 120289 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATHS GRANT Police Department 7,345.61 Total 120289:7,345.61 Ryan Spencer 12/19/2022 120290 2022.12 101-42110-226 UNIFORMS Police Department 237.69 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120290:237.69 SCHERBER COMPANIES LLC 12/19/2022 120291 2022.12 SCH 101-22205 ESCROW REFUND - D22-17 2659 CASCO POINT 1,000.00 Total 120291:1,000.00 SHAUGHNESSY LAWN CARE 12/19/2022 120292 2022.12 101-45200-404 PARK MOWING - 9/22-11/22 Parks 9,133.00 Total 120292:9,133.00 SiteOne Landscape Supply LLC 12/19/2022 120293 121453789-0 101-45210-223 GOLF COURSE TOOL Golf Course 135.00 Total 120293:135.00 SNAP-ON TOOLS INC 12/19/2022 120294 1212221472 701-49800-240 7/16 COMBITION WRENCH 41.50 Total 120294:41.50 SOUTH LAKE MINNETONKA PO 12/19/2022 120295 2022.12 101-42110-438 4TH QTR 2022 TOWADS ZERO DEATHS GRANT Police Department 7,262.89 Total 120295:7,262.89 ST. PAUL POLICE 12/19/2022 120296 2022.12 101-42110-437 TRAINING Police Department 470.00 Total 120296:470.00 STONEWOOD 12/19/2022 120297 2022.12 STO 101-22205 ESCROW REFUND - D22-26 2987 CASCO POINT 1,000.00 STONEWOOD 12/19/2022 120297 2022.12 STO 101-22205 ESCROW REFUND - D22-25 3005 CASCO POINT 1,000.00 Total 120297:2,000.00 SUN LIFE FINANCIAL 12/19/2022 120298 SHORTTER 101-21714 STD- DEC/2022 990.10 SUN LIFE FINANCIAL 12/19/2022 120298 SUPPLIFE12 101-21710 LIFE INSURANCE - 12-2022 1,346.34 Total 120298:2,336.44 T W TUPY INC 12/19/2022 120299 080564 101-43000-224 RIVER ROCK TO YARD Public Works Department 669.96 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120299:669.96 TALLEN AND BAERTSCHI 12/19/2022 120300 DECEMBER 101-41600-306 PROSECUTION SERVICES-12/2022 Law/Legal Services 3,212.06 Total 120300:3,212.06 THE HARTFORD 12/19/2022 120301 LONGTERM 101-21713 LTD 12- 2022 1,789.40 THE HARTFORD 12/19/2022 120301 LONGTERM 101-41900-135 EAP 12/2022 Central Services 15.12 Total 120301:1,804.52 TONKA BUILT LLC 12/19/2022 120302 2291 101-45200-404 BIG ISLAND SEPTIC PUMPING Parks 7,200.00 TONKA BUILT LLC 12/19/2022 120302 2515 101-45200-404 DOCK STORAGE Parks 4,500.00 Total 120302:11,700.00 TONY WITTKE 12/19/2022 120303 2022.11 101-42110-437 LUNCH TRAINING - MOA Police Department 27.66 Total 120303:27.66 TRI COUNTY LAW ENFORCEME 12/19/2022 120304 2022.12 101-42110-433 MEMBERSHIP FEE Police Department 75.00 Total 120304:75.00 UNIFIRST CORPORATION 12/19/2022 120305 090 0730357 101-41900-223 MATS - CH & CC Central Services 69.01 UNIFIRST CORPORATION 12/19/2022 120305 090 0735776 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 12/19/2022 120305 090 0735776 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 12/19/2022 120305 090 0735776 101-45200-226 UNIFORMS-PARKS Parks 36.96 UNIFIRST CORPORATION 12/19/2022 120305 090 0735776 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.96 UNIFIRST CORPORATION 12/19/2022 120305 090 0735776 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.96 UNIFIRST CORPORATION 12/19/2022 120305 090 0735776 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.96 UNIFIRST CORPORATION 12/19/2022 120305 090 0735776 101-43000-226 UNIFORMS - PW Public Works Department 36.96 Total 120305:283.70 VERIZON WIRELESS 12/19/2022 120306 9922275291 101-41900-321 VERIZON BILL 12/07/2022-1/06/2023 Central Services 216.22 VERIZON WIRELESS 12/19/2022 120306 9922275291 101-42110-321 VERIZON BILL 12/07/2022-1/06/2023 Police Department 1,814.72 VERIZON WIRELESS 12/19/2022 120306 9922275291 101-42400-321 VERIZON BILL 12/07/2022-1/06/2023 Building & Zoning 197.32 VERIZON WIRELESS 12/19/2022 120306 9922275291 101-43000-321 VERIZON BILL 12/07/2022-1/06/2023 Public Works Department 255.07 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount VERIZON WIRELESS 12/19/2022 120306 9922275291 101-43100-321 VERIZON BILL 12/07/2022-1/06/2023 Brush Site 75.02 VERIZON WIRELESS 12/19/2022 120306 9922275291 101-45200-321 VERIZON BILL 12/07/2022-1/06/2023 Parks 120.04 VERIZON WIRELESS 12/19/2022 120306 9922275291 101-45210-321 VERIZON BILL 12/07/2022-1/06/2023 Golf Course 115.04 VERIZON WIRELESS 12/19/2022 120306 9922275291 601-49400-321 VERIZON BILL 12/07/2022-1/06/2023 Water 121.19 VERIZON WIRELESS 12/19/2022 120306 9922275291 602-49450-321 VERIZON BILL 12/07/2022-1/06/2023 Sewer 110.03 Total 120306:3,024.65 WASTE MANAGEMENT RECYC 12/19/2022 120307 7722063-159 101-43000-319 DUMPSTER DISPOSAL FROM ROADSIDE DEBRI Public Works Department 700.88 Total 120307:700.88 WEST HENNEPIN PUBLIC SAFE 12/19/2022 120308 2022.12 101-42110-438 4TH QTR 2022 TOWARDS ZERO DEATHS GRANT Police Department 3,983.73 Total 120308:3,983.73 WESTSIDE WHOLESALE TIRE 12/19/2022 120309 918257 701-49800-402 TIRES FOR UNIT 431 1,824.60 WESTSIDE WHOLESALE TIRE 12/19/2022 120309 918506 701-49800-402 REPLACEMENT TIRES UNIT 424 1,744.24 Total 120309:3,568.84 WHITE, ANTHONY 12/19/2022 120310 2022.12 101-42110-226 UNIFORMS 2024 Police Department 462.42 Total 120310:462.42 Wright-Hennepin Coop Electric 12/19/2022 120311 35030115210 101-43100-381 BRUSH SITE 11/01/22-12/01/22 Brush Site 39.74 Wright-Hennepin Coop Electric 12/19/2022 120311 35030115210 101-45210-381 GC SECURITY 1/31/2023 Golf Course 41.82 Wright-Hennepin Coop Electric 12/19/2022 120311 35030115210 101-43000-381 ELECTRICAL SERVICE 11/01-12/01 Public Works Department 249.90 Total 120311:331.46 MARY EKOBENA 12/20/2022 120312 2022 AUCTI 101-19999 2022 AUCTION 3,119.00 Total 120312:3,119.00 LAKE MTKA CONSERVATION DI 12/21/2022 120313 2022.12 BIG 101-41900-441 DOCK LICENSE - BIG ISLAND Central Services 80.00 LAKE MTKA CONSERVATION DI 12/21/2022 120313 2022.12 LEM 101-45200-441 DOCK LICENSE - BIG ISLAND Parks 290.00 Total 120313:370.00 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNITED STATES POSTAL SERVI 12/28/2022 120314 2022.12 REN 101-41900-322 2023 CITY PO BOX 66 RENTAL Central Services 108.00 Total 120314:108.00 A 1 RENT IT 12/29/2022 120315 177273-1 101-41900-404 SCISSOR LIFT Central Services 130.00 A 1 RENT IT 12/29/2022 120315 179168-1 101-43000-489 PROPANE 20# TANK FILL Public Works Department 19.00 Total 120315:149.00 ABM Equipment & Supply LLC 12/29/2022 120316 0172737-IN 701-49800-215 NYLON BOLTS FOR BUCKET TRUCK 56.88 Total 120316:56.88 AMAZON CAPITAL SERVICE 12/29/2022 120317 117X-1XT9-C 101-43000-221 BACK UP ALARMS Public Works Department 51.00- AMAZON CAPITAL SERVICE 12/29/2022 120317 1YVK-KRJC-101-43000-222 UNIT 424 REAR BUMPER Public Works Department 295.99 AMAZON CAPITAL SERVICE 12/29/2022 120317 1YVK-KRJC-101-43000-222 UNIT 427 FUSE HOLDER Public Works Department 37.90 AMAZON CAPITAL SERVICE 12/29/2022 120317 1YVK-KRJC-101-43000-222 UNIT 424 HOOD LATCH Public Works Department 23.99 AMAZON CAPITAL SERVICE 12/29/2022 120317 1YVK-KRJC-101-43000-222 UNIT 424 GREASE BUSTER Public Works Department 24.58 Total 120317:331.46 ANDREEN, MICHAEL 12/29/2022 120318 2022.12 AND 101-32240 DOG PARK PASS REFUND - 14310 54TH AVE N O 15.00 Total 120318:15.00 ASPEN EQUIPMENT 12/29/2022 120319 10243883 701-49800-215 DUMP TRUCK SALT CONTROL REPAIR PARTS 1,466.54 Total 120319:1,466.54 Axon Enterprises Inc 12/29/2022 120320 2022.12 101-42110-228 TRAINING EXPENSE -SILTALA Police Department 2,843.26 Axon Enterprises Inc 12/29/2022 120320 INUS123334 101-42110-228 HOLSTER, CARTRIDGE, BATTERY Police Department 2,843.26 Total 120320:5,686.52 BARTON SAND & GRAVEL CO 12/29/2022 120321 221215 101-43000-224 WINTER PATCH MIX Public Works Department 2,038.30 Total 120321:2,038.30 Batteries + Bulbs 12/29/2022 120322 P58209710 101-43000-224 SIGN TASK 71376 Public Works Department 97.62 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120322:97.62 BIFFS INC 12/29/2022 120323 W895877 101-43100-415 BRUSH SITE Brush Site 121.00 BIFFS INC 12/29/2022 120323 W899524 101-43100-415 BRUSH SITE Brush Site 12.97 Total 120323:133.97 BOYER TRUCKS INC 12/29/2022 120324 003P30970 701-49800-221 FENDERS FOR GRADER 508.19 BOYER TRUCKS INC 12/29/2022 120324 003P30985 601-49400-402 FUEL TANK AND PUMP FOR 712 Water 2,165.89 BOYER TRUCKS INC 12/29/2022 120324 003P31379 701-49800-215 ALTERNATOR 200AMP FOR UNIT 431 600.34 BOYER TRUCKS INC 12/29/2022 120324 003P31522 701-49800-215 DUMP TRUCK ENGINE BELT AND PULLEY 401.96 Total 120324:3,676.38 BUSINESS ESSENTIALS 12/29/2022 120325 WO-1221158 101-41900-201 COPY PAPER Central Services 266.64 Total 120325:266.64 CARTEGRAPH 12/29/2022 120326 INV2355 710-49970-416 CARTEGRAPH ASSET BUILDER 500.00 Total 120326:500.00 CENTRAL PENSION FUND SOU 12/29/2022 120327 CFP122922 101-21707 LOCAL UNION #49 12/28/22-12/25/22 964.00 Total 120327:964.00 CHUNKS LAKESHORE AUTO 12/29/2022 120328 0019348 101-42110-402 SQUAD MAINT #269 OIL/FILTER CHANGE Police Department 58.29 CHUNKS LAKESHORE AUTO 12/29/2022 120328 0019351 101-42110-402 SQUAD MAINT #255 OIL/FILTER CHANGE Police Department 67.89 CHUNKS LAKESHORE AUTO 12/29/2022 120328 0019360 101-42110-402 SQUAD MAINT #259 OIL CHANGE/FILTER/REPL Police Department 203.91 CHUNKS LAKESHORE AUTO 12/29/2022 120328 0019369 101-42110-402 SQUAD MAINT # 266 OIL/FILTER CHANGE/ REPL Police Department 194.59 Total 120328:524.68 CITY OF MONTICELLO 12/29/2022 120329 0026183 101-42110-317 ANIMAL CARE Police Department 180.00 Total 120329:180.00 CORE & MAIN 12/29/2022 120330 R452688 601-16500 FIRE HYDRANTS - CR19 WATERMAIN PROJECT 51,986.96 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120330:51,986.96 DELTA DENTAL 12/29/2022 120331 DENTAL1220 101-15998 DENTAL DEC 2022 - COBRA 34.37 DELTA DENTAL 12/29/2022 120331 DENTAL1220 101-21709 DENTAL DEC 2022 3,058.36 Total 120331:3,092.73 EARL F ANDERSON & ASSOC 12/29/2022 120332 0131618-IN 101-43000-224 SIGNS Public Works Department 331.10 EARL F ANDERSON & ASSOC 12/29/2022 120332 0131710-IN 101-43000-224 SIGNS Public Works Department 126.80 Total 120332:457.90 EHLERS AND ASSOCIATES INC 12/29/2022 120333 92125 323-47000-319 ARBITRAGE - 2014A BONDS 5,000.00 Total 120333:5,000.00 FIDELITY SECURITY LIFE INSU 12/29/2022 120334 FIDELITY122 101-21716 VISION PLAN 1/2023 278.66 Total 120334:278.66 GENUINE PARTS COMPANY/NA 12/29/2022 120335 270-556991 701-49800-215 BATTERY CABLES , TERMINALS 66.25 GENUINE PARTS COMPANY/NA 12/29/2022 120335 3270-554956 101-42110-402 AUTO PARTS - CUP HOLDER Police Department 14.84 GENUINE PARTS COMPANY/NA 12/29/2022 120335 3270-556661 701-49800-215 WINDSHIELD WIPER MOTOR - UNIT #431 112.23 GENUINE PARTS COMPANY/NA 12/29/2022 120335 3270-556673 701-49800-215 ALTERNATOR UNIT # 431 290.02 GENUINE PARTS COMPANY/NA 12/29/2022 120335 3270-556678 701-49800-240 BELT TENSIONER TOOL 44.09 GENUINE PARTS COMPANY/NA 12/29/2022 120335 3270-556743 701-49800-215 DIESAL FUEL CAP 17.32 GENUINE PARTS COMPANY/NA 12/29/2022 120335 3270-556954 701-49800-240 MECHANIC QUICK RELEASE COUPLER 27.49 GENUINE PARTS COMPANY/NA 12/29/2022 120335 3270-557149 701-49800-222 SHOP TOWELS, WASHING WINDOWS 10.56 GENUINE PARTS COMPANY/NA 12/29/2022 120335 3270-557150 701-49800-215 CREDIT ON ALTERNATOR RETURN 272.04- Total 120335:310.76 GOPHER ACE 12/29/2022 120336 13916 701-49800-215 CABLE TIE UNIT # 421 21.79 GOPHER ACE 12/29/2022 120336 13959 101-45200-221 NUT AND BOLT FOR TRACTOR PLOW UNIT #623 Parks 23.27 GOPHER ACE 12/29/2022 120336 13978/1 101-41900-223 SALT SPREADER Central Services 125.99 GOPHER ACE 12/29/2022 120336 13986 101-43000-224 SCOUP FOR SALT BINS Public Works Department 34.36 GOPHER ACE 12/29/2022 120336 13994/1 101-42110-404 TRASH BAGS Police Department 11.99 GOPHER ACE 12/29/2022 120336 14005/1 101-41900-223 PAINTING SUPPLIES Central Services 101.32 GOPHER ACE 12/29/2022 120336 14008 701-49800-215 MISC. NUTS AND BOLTS 4.18 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120336:322.90 GUARDIAN FLEET SAFETY 12/29/2022 120337 22-0957 101-42110-550 NEW SQUAD SETUP #270 Police Department 19,392.88 Total 120337:19,392.88 HOLTON ELECTRIC CONTRACT 12/29/2022 120338 5191 101-43000-386 STREET LIGHT REPAIRS, HOLIDAY LIGHTS Public Works Department 225.00 Total 120338:225.00 INTOXIMETERS INC 12/29/2022 120339 722688 101-42110-580 NEW PBTS (3)Police Department 1,190.00 Total 120339:1,190.00 James Nelson 12/29/2022 120340 122722 101-43000-226 WORK BOOTS Public Works Department 159.95 Total 120340:159.95 JH LARSON COMPANY 12/29/2022 120341 S102853594.101-41900-223 LIGHT BULBS - PW/CH/PD Central Services 319.20 Total 120341:319.20 KROMENHOEK, STACY 12/29/2022 120342 2022.12 KRO 101-32510 BP REFUND - RAS22-105 ISSUED INCORRECTLY 355.27 Total 120342:355.27 Legacy Sorbents LLC 12/29/2022 120343 7302 701-49800-213 OIL DRIP / SPILL CLEAN UP FLOOR DRY 647.75 Total 120343:647.75 LOGIS 12/29/2022 120344 53058 710-49970-401 FIBER INSTALL 2,372.50 LOGIS 12/29/2022 120344 53096 710-49970-416 ADOBE LICENSES 134.70 LOGIS 12/29/2022 120344 53096 710-49970-221 HARD DRIVE, ENTRUST TOKENS 1,325.62 Total 120344:3,832.82 MANSFIELD OIL COMPANY 12/29/2022 120345 23853913 101-42110-212 UNLEADED FUEL Police Department 4,102.34 MANSFIELD OIL COMPANY 12/29/2022 120345 23853935 701-49800-212 DIESEL FUEL 676.44 MANSFIELD OIL COMPANY 12/29/2022 120345 23853937 701-49800-212 DIESEL FUEL 1,684.18 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120345:6,462.96 MIELKE, JUSTIN 12/29/2022 120346 12212022 101-43000-226 WINTER BIBS Public Works Department 118.99 Total 120346:118.99 MINNESOTA EQUIPMENT 12/29/2022 120347 P95693 101-45200-221 UNIT 623 ALTERNATOR Parks 550.70 Total 120347:550.70 MN DNR OMB 12/29/2022 120348 2022-1999-6 101-45210-441 GOLF COURSE WATER PERMIT Golf Course 258.82 Total 120348:258.82 NAVARRE HARDWARE 12/29/2022 120349 340255 601-49400-405 HOSE BIB FOR SOFTENER Water 10.99 Total 120349:10.99 NCPERS GROUP LIFE INS.12/29/2022 120350 NCPERS122 101-21710 PERA LIFE 1/2023 336.00 Total 120350:336.00 Newegg Business Inc 12/29/2022 120351 1304246385 710-49970-221 PC - GOLF-PARKS 544.99 Newegg Business Inc 12/29/2022 120351 1304259472 710-49970-221 MONITORS 227.96 Total 120351:772.95 OFFICE DEPOT 12/29/2022 120352 28110681600 101-42110-201 OFFICE SUPPLIES Police Department 44.75 Total 120352:44.75 OPD BUSINESS SOLUTIONS LL 12/29/2022 120353 2808951920 101-42110-201 OFFICE SUPPLIES Police Department 47.24 OPD BUSINESS SOLUTIONS LL 12/29/2022 120353 28110548700 101-42110-201 MISC OFFICE SUPPLIES Police Department 44.99 Total 120353:92.23 Perry's Truck Repair 12/29/2022 120354 54198 101-45200-223 SALT SPREADER Parks 2,130.00 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120354:2,130.00 Riverside Design 12/29/2022 120355 3526 101-42110-352 PRINTING Police Department 145.98 Total 120355:145.98 ROB HOWELLS 12/29/2022 120356 2022.12 614-49840-319 4TH QTR 2022 VIDEO STREAMING Cable Franchise 730.00 Total 120356:730.00 SECURITY & SOUND CO 12/29/2022 120357 26012 101-41900-319 ALARM MONITORING - THROUGH JAN 2024 Central Services 864.00 Total 120357:864.00 SIR LINES A LOT LLC 12/29/2022 120358 H22-1032-00 101-43000-408 PAINT LINES ON ROADS Public Works Department 9,999.50 SIR LINES A LOT LLC 12/29/2022 120358 H22-1032-00 101-43000-408 PAINT LINES ON ROADS Public Works Department 7,831.14 SIR LINES A LOT LLC 12/29/2022 120358 H22-1032-00 101-43000-408 PAINT LINES ON THE ROADS Public Works Department 7,831.13 Total 120358:25,661.77 SNAP-ON INDUSTRIAL 12/29/2022 120359 52539020 701-49800-240 BALL JOINT PRESS SET - FR SUSPENSION REP 420.77 SNAP-ON INDUSTRIAL 12/29/2022 120359 52564046 405-48500-550 VEHICLE AND TRUCK SCANNING TOOL 2,589.54 SNAP-ON INDUSTRIAL 12/29/2022 120359 52587114 701-49800-240 BALL JOINT ADAPTOR 185.40 SNAP-ON INDUSTRIAL 12/29/2022 120359 52767023 405-48500-550 PROLINK DIANOSTIC TOOL VEHICLES ANS EQU 9,942.59 SNAP-ON INDUSTRIAL 12/29/2022 120359 55293898 701-49800-240 MECHANICS TOOLS PLIERS AND PRYBARS 163.55 SNAP-ON INDUSTRIAL 12/29/2022 120359 55302420 701-49800-240 48" PRY BAR 116.78 Total 120359:13,418.63 STREICHERS POLICE EQUIP 12/29/2022 120360 1605169 101-42110-226 UNIFORM REPAIR- SCHOENHERR Police Department 20.00 STREICHERS POLICE EQUIP 12/29/2022 120360 1605739 101-42110-226 UNIFORM REPAIR- STURM Police Department 18.00 STREICHERS POLICE EQUIP 12/29/2022 120360 1605890 101-42110-580 AIM POINT SIGHTS (3)Police Department 1,820.00 Total 120360:1,858.00 THE HARTFORD 12/29/2022 120361 882826 101-21713 LTD NOV 2022 1,775.12 THE HARTFORD 12/29/2022 120361 882826 101-41900-135 EAP NOV 2022 Central Services 14.28 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120361:1,789.40 TimeSaver Off Site Secretarial Inc 12/29/2022 120362 M27842 101-41300-319 CC MEETING MINUTES Administration 190.50 Total 120362:190.50 UNIFIRST CORPORATION 12/29/2022 120363 090 0737147 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0737147 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 12/29/2022 120363 090 0737147 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0737147 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0737147 101-43000-226 UNIFORMS - PW Public Works Department 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0737147 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0737147 101-45200-226 UNIFORMS-PARKS Parks 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0738500 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 12/29/2022 120363 090 0738500 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0738500 101-45200-226 UNIFORMS-PARKS Parks 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0738500 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0738500 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0738500 101-43000-226 UNIFORMS - PW Public Works Department 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0738500 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0739861 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 12/29/2022 120363 090 0739861 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0739861 101-43000-226 UNIFORMS - PW Public Works Department 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0739861 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0739861 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0739861 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.96 UNIFIRST CORPORATION 12/29/2022 120363 090 0739861 101-45200-226 UNIFORMS-PARKS Parks 36.96 Total 120363:644.07 VALLEY RICH CO 12/29/2022 120364 31531 601-49400-405 3038 CASCO CIRCLE WATER MAIN BREAK Water 7,801.00 Total 120364:7,801.00 WATER CONSERVATION SVC IN 12/29/2022 120365 12794 601-49400-405 3038 CASCO POINT WATER BREAK Water 331.25 Total 120365:331.25 WESTSIDE WHOLESALE TIRE 12/29/2022 120366 918704 701-49800-402 REPLACEMENT TIRE FOR 424 435.61 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120366:435.61 UNITED STATES POSTAL SERVI 12/29/2022 120367 2022.12.29 601-49400-322 12/22 UTILITY BILLS Water 498.37 UNITED STATES POSTAL SERVI 12/29/2022 120367 2022.12.29 602-49450-322 12/22 UTILITY BILLS Sewer 498.37 UNITED STATES POSTAL SERVI 12/29/2022 120367 2022.12.29 651-49910-322 12/22 UTILITY BILLS Storm Water 498.37 Total 120367:1,495.11 City of Wayzata\DMV 01/03/2023 120368 2023.01 PW 701-49800-441 FIRE LADDER REGISTRATION 29.00 City of Wayzata\DMV 01/03/2023 120368 2023.01 PW 701-49800-441 FIRE COMMAND REGISTRATION 29.00 Total 120368:58.00 A 1 ELECTRIC SERVICE OF WA 01/09/2023 120369 5199 101-43000-404 STREET LIGHT REPAIRS, HOLIDAY LIGHTS OUT Public Works Department 1,453.49 Total 120369:1,453.49 ADVANCED IMAGING SOLUTIO 01/09/2023 120370 490527892 710-49970-413 PW COPIER LEASE 12/20/22-01/20/23 132.76 Total 120370:132.76 All Flags LLC 01/09/2023 120371 70702 101-41900-223 FLAGS FOR CITY CAMPUS Central Services 131.82 Total 120371:131.82 AMAZON CAPITAL SERVICE 01/09/2023 120372 1MGK-QKJ9-101-43000-386 NUMERS FOR LIGHT POLES Public Works Department 62.30 AMAZON CAPITAL SERVICE 01/09/2023 120372 1MGK-QKJ9-101-41900-489 STERNOS (6PACK)Central Services 16.99 AMAZON CAPITAL SERVICE 01/09/2023 120372 1MGK-QKJ9-101-43000-221 CABLE TIES 18"Public Works Department 29.98 AMAZON CAPITAL SERVICE 01/09/2023 120372 1MGK-QKJ9-101-43000-222 30/40 AMP RELAY SWITCH Public Works Department 15.69 AMAZON CAPITAL SERVICE 01/09/2023 120372 1MGK-QKJ9-101-43000-222 UNIT 431 FLOOD LAMP Public Works Department 89.86 AMAZON CAPITAL SERVICE 01/09/2023 120372 1MGK-QKJ9-101-43000-222 PLOW RUBBER 10"X10'Public Works Department 283.00 AMAZON CAPITAL SERVICE 01/09/2023 120372 1MGK-QKJ9-101-43000-489 SHIPPING Public Works Department 61.37 Total 120372:559.19 ANNA CARLSON 01/09/2023 120373 2022.12 101-41300-331 MILEAGE REIMBURSEMENT Administration 189.50 Total 120373:189.50 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Aspen Mills 01/09/2023 120374 306313 101-42110-226 UNIFORMS SONNEK Police Department 94.69 Total 120374:94.69 BELISLE, BRIANA 01/09/2023 120375 2023.01 BELI 234-34781 DOG PARK PASS REFUND 5.00 Total 120375:5.00 BOYER TRUCKS INC 01/09/2023 120376 003P31776 701-49800-215 CREDIT ON ALTENATOR CORE RETURN 131.25- BOYER TRUCKS INC 01/09/2023 120376 003P31778 701-49800-215 CLAMP FOR 427 STEP REPAIR 22.97 BOYER TRUCKS INC 01/09/2023 120376 003S8004 701-49800-402 VACTOR AIR BRAKE REPAIR 2,292.59 Total 120376:2,184.31 Bratt Tree Company 01/09/2023 120377 8049 101-43000-408 TREE REMOVAL OAK ST.Public Works Department 1,500.00 Bratt Tree Company 01/09/2023 120377 8603 101-43000-408 ASH TREE REMOVAL FOREST LAKE LANDING Public Works Department 1,800.00 Total 120377:3,300.00 CALIBRE PRESS 01/09/2023 120378 2268418 101-42110-437 TRAINING LANGE Police Department 359.00 Total 120378:359.00 CARGILL SALT 01/09/2023 120379 2907828168 101-43000-224 TREATED ROAD SALT - 2023-2023 SNOW SEAS Public Works Department 10,716.74 Total 120379:10,716.74 Century Link 01/09/2023 120380 2022.12 GC 101-45210-321 GC PHONE/INTERNET 12/19/22-01/18/23 Golf Course 231.32 Total 120380:231.32 CHUNKS LAKESHORE AUTO 01/09/2023 120381 0019388 101-42110-402 SQUAD MAINT #260 OIL CHANGE/FILTER Police Department 198.33 CHUNKS LAKESHORE AUTO 01/09/2023 120381 0019409 101-42110-402 251 MAINTENANCE Police Department 1,049.23 Total 120381:1,247.56 CITY OF MINNETONKA BEACH 01/09/2023 120382 10/1/2022-12 602-49450-387 SEWER SERVICE - 4TH QTR 2022 Sewer 190.00 Total 120382:190.00 City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount City of Orono Utilities 01/09/2023 120383 2022.12 CH&101-41900-382 DEC 2022 CH&PD Central Services 164.44 City of Orono Utilities 01/09/2023 120383 2022.12 GC 101-45210-382 QTR 4 2022 - GC Golf Course 72.58 City of Orono Utilities 01/09/2023 120383 2022.12 PO 101-41900-382 DEC 2022 UB - PO Central Services 84.72 City of Orono Utilities 01/09/2023 120383 2022.12 PW 101-41900-382 DEC 2022 UB - PW Central Services 141.10 City of Orono Utilities 01/09/2023 120383 2022.12 WT 601-49400-382 DEC 2022 WTP Water 145.70 Total 120383:608.54 CITY OF WAYZATA 01/09/2023 120384 DEC 2022 W 601-49400-387 DECEMBER 2022 WATER Water 2,362.20 CITY OF WAYZATA 01/09/2023 120384 DEC 2022 W 602-49450-387 DECEMBER 2022 SEWER Sewer 4,899.00 Total 120384:7,261.20 CIVIC SYSTEMS LLC 01/09/2023 120385 CVC22855 710-49970-416 SOFTWARE SUPPORT - 1/1/23-06/30/23 7,864.00 Total 120385:7,864.00 FASTENAL 01/09/2023 120386 MNPLY1387 701-49800-215 NUTS AND BOLTS / SHOP SUPPLIES 102.46 Total 120386:102.46 GENUINE PARTS COMPANY/NA 01/09/2023 120387 3270-557209 701-49800-215 BATTERIES FOR 431 443.83 GENUINE PARTS COMPANY/NA 01/09/2023 120387 3270-557218 701-49800-215 CREDIT FOR BATTERIES 131.88- GENUINE PARTS COMPANY/NA 01/09/2023 120387 3270-557219 701-49800-215 CREDIT ON BATTERY 36.00- GENUINE PARTS COMPANY/NA 01/09/2023 120387 3270-557856 701-49800-240 MECHANIC TOOLS 32.44 GENUINE PARTS COMPANY/NA 01/09/2023 120387 3270-558147 701-49800-215 FILTERS FOR 623 182.26 GENUINE PARTS COMPANY/NA 01/09/2023 120387 3270-558264 601-49400-240 TORX BIT SET SMALL TOOLS Water 64.66 Total 120387:555.31 GOPHER ACE 01/09/2023 120388 14076 601-49400-405 REPAIRS TO #1 SOFTENER LINE.Water 32.98 GOPHER ACE 01/09/2023 120388 14079 701-49800-215 REPAIR BOBCAT SNOW BLOWER 67.38 GOPHER ACE 01/09/2023 120388 14084 101-43000-222 ICE SCRAPER Public Works Department 64.99 GOPHER ACE 01/09/2023 120388 14091 101-43000-224 MAILBOX REPAIRS Public Works Department 20.58 GOPHER ACE 01/09/2023 120388 14093 701-49800-215 MISC. NUTS AND BOLTS 21.04 GOPHER ACE 01/09/2023 120388 14096 701-49800-215 MISC. NUTS AND BOLTS 25.52 GOPHER ACE 01/09/2023 120388 14103 101-43000-224 MAILBOX REPAIRS Public Works Department 6.94 GOPHER ACE 01/09/2023 120388 14118 101-43000-489 TARP TO COVER EQUIPMENT Public Works Department 79.99 GOPHER ACE 01/09/2023 120388 14120 651-49910-240 BACK PACK BLOWER AND IMPACT GUN Storm Water 902.00 GOPHER ACE 01/09/2023 120388 14159 101-43000-224 SNOW SHOVELS FOR PW Public Works Department 27.98 City of Orono Check Register - COUNCIL REPORT Page: 22 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120388:1,249.40 Hennepin County Accounts Recei 01/09/2023 120389 1000196628 101-41550-302 1ST HALF ASSESSING SERVICES 8/22-7/23 Assessing 127,000.00 Total 120389:127,000.00 HOLIDAY COMPANIES 01/09/2023 120390 0796010230 101-42110-402 CAR WASHES Police Department 269.50 Total 120390:269.50 INTEGRITY EMPLOYEE BENEFI 01/09/2023 120391 #BC177 101-41900-319 ONLINE ENROLLMENT FEE - 2023 Central Services 1,152.00 Total 120391:1,152.00 JH LARSON COMPANY 01/09/2023 120392 S102857191.101-43000-224 STEET LIGHT CABINET PHOTO CELLS Public Works Department 124.32 Total 120392:124.32 LAKE MINNETONKA ERU 01/09/2023 120393 2022.12 101-42110-437 ERU MEMBERSHIPS - 6 OFFICERS Police Department 5,400.00 Total 120393:5,400.00 LANO EQUIPMENT 01/09/2023 120394 03-965027 701-49800-215 SNOW BLOWER REPAIR PARTS 409.43 Total 120394:409.43 LEAGUE OF MN CITIES 01/09/2023 120395 374412 101-41300-437 TRAINING Administration 15.00 Total 120395:15.00 Metro Sales Inc 01/09/2023 120396 INV2186744 710-49970-401 COPIERS - LEASE 12/19/22 - 03/18/23 77.00 Metro Sales Inc 01/09/2023 120396 INV2186744 710-49970-401 COPIERS - USAGE 9/19/22-12/18/22 87.58 Metro Sales Inc 01/09/2023 120396 INV2186745 710-49970-401 COPIERS - LEASE 12/19/23 - 3/18/23 306.00 Metro Sales Inc 01/09/2023 120396 INV2186745 710-49970-401 COPIERS - USAGE 09/19/22-9/22/22 2,758.31 Total 120396:3,228.89 MINNEAPOLIS OXYGEN COMPA 01/09/2023 120397 00103346 101-43000-224 OXYGEN, ACETYLENE Public Works Department 70.59 MINNEAPOLIS OXYGEN COMPA 01/09/2023 120397 00103347 101-42110-221 O2 FILL Police Department 117.65 City of Orono Check Register - COUNCIL REPORT Page: 23 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MINNEAPOLIS OXYGEN COMPA 01/09/2023 120397 00103348 101-43000-415 ACETYLENE, OXYGEN Public Works Department 20.43 Total 120397:208.67 MINNESOTA EQUIPMENT 01/09/2023 120398 P88094 101-45200-221 CREDIT ON UNIT 623 ALTERNATOR CORE RETU Parks 50.00- MINNESOTA EQUIPMENT 01/09/2023 120398 P88193 701-49800-221 REPAIR PARTS UNIT 623 - VALVE 137.25 Total 120398:87.25 MINNESOTA OCCUPATIONAL H 01/09/2023 120399 415147 101-42110-319 PROFESSIONAL SERVICES Police Department 1,979.00 Total 120399:1,979.00 NAVARRE HARDWARE 01/09/2023 120400 340342 101-43000-221 UNIT 421 PROPANE TORCH Public Works Department 63.28 NAVARRE HARDWARE 01/09/2023 120400 340356 101-43000-240 DRILL BITS Public Works Department 21.98- NAVARRE HARDWARE 01/09/2023 120400 340361 101-43050-227 WIRE NUTS FOR HEATER IN LS#5 GENSET.Public Works - Spring Park 5.99 NAVARRE HARDWARE 01/09/2023 120400 340388 601-49400-227 SOUTH WATER PLANT REPAIRS Water 8.08 NAVARRE HARDWARE 01/09/2023 120400 34052 101-43000-240 DRILL BITS Public Works Department 21.98 Total 120400:77.35 Newegg Business Inc 01/09/2023 120401 1304264123 710-49970-575 DESKTOP - POLICE 499.99 Newegg Business Inc 01/09/2023 120401 1304277531 710-49970-221 WEBCAMS 91.94 Newegg Business Inc 01/09/2023 120401 1304279966 710-49970-575 LAPTOP - MECHANIC 419.99 Total 120401:1,011.92 Oertel Architects, Ltd 01/09/2023 120402 #21-12.11 440-48975-319 21-039 PUBLIC WORKS BUILDING 18,726.70 Total 120402:18,726.70 OPD BUSINESS SOLUTIONS LL 01/09/2023 120403 2843463040 101-41900-201 FOLDERS Central Services 70.51 OPD BUSINESS SOLUTIONS LL 01/09/2023 120403 2848317880 101-41900-201 LABLELS Central Services 59.98 OPD BUSINESS SOLUTIONS LL 01/09/2023 120403 2848320420 101-41900-201 MARKERS Central Services 44.78 OPD BUSINESS SOLUTIONS LL 01/09/2023 120403 28571130900 101-42110-201 MISC OFFICE SUPPLIES Police Department 61.60 OPD BUSINESS SOLUTIONS LL 01/09/2023 120403 2857151900 101-42110-201 MISC OFFICE SUPPLIES Police Department 22.34 Total 120403:259.21 PINEGAR, WILLIAM 01/09/2023 120404 2022.12 PIN 999-10015 UB REFUND - 1347 REST POINT CIR 1.51 City of Orono Check Register - COUNCIL REPORT Page: 24 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120404:1.51 QUADIENT INC 01/09/2023 120405 N9732839 101-41900-401 POSTAGE MACHING LEASE 1/28/23-4/27/23 Central Services 878.94 Total 120405:878.94 REAL ASSETS LLC 01/09/2023 120406 2023.01 REA 999-10015 UB REFUND - 3438 LYRIC AVE 6.98 Total 120406:6.98 SECOND NATURE GRAPHICS 01/09/2023 120407 473 101-41900-201 BUSINESS CARDS - JVE, AB Central Services 127.00 Total 120407:127.00 STEVE STURM 01/09/2023 120408 2022.12 101-42110-226 UNIFORMS Police Department 126.98 Total 120408:126.98 STORBY BROTHERS LLP 01/09/2023 120409 2022.12 999-10017 BULK WATER OVER PYMT 31.69 Total 120409:31.69 STREICHERS POLICE EQUIP 01/09/2023 120410 1606219 101-42110-226 BALLISTIC VEST - FOURNIER Police Department 1,446.00 STREICHERS POLICE EQUIP 01/09/2023 120410 1607060 101-42110-226 UNIFORMS - RUSSETH Police Department 127.99 STREICHERS POLICE EQUIP 01/09/2023 120410 1607478 101-42110-226 UNIFORMS - RUSSETH Police Department 510.93 STREICHERS POLICE EQUIP 01/09/2023 120410 1608133 101-42110-226 UNIFORMS - SCHOENHERR Police Department 1,722.00 STREICHERS POLICE EQUIP 01/09/2023 120410 1608650 101-42110-226 SWAT GEAR - HENNESSY Police Department 253.95 STREICHERS POLICE EQUIP 01/09/2023 120410 1608675 101-42110-580 SWAT EQUIPMENT Police Department 1,043.00 Total 120410:5,103.87 SZYMANSKI'S. l. INC.01/09/2023 120411 20220553 101-43050-489 DEHUMIDIFIER FOR SPRING PARK WATER PLA Public Works - Spring Park 3,526.58 SZYMANSKI'S. l. INC.01/09/2023 120411 20220553 601-49400-405 DEHUMIDIFIER FOR SOUTH WATER PLANT.Water 3,526.57 Total 120411:7,053.15 THOMSON WEST 01/09/2023 120412 847584801 101-42110-311 INV DATABASE Police Department 270.53 City of Orono Check Register - COUNCIL REPORT Page: 25 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120412:270.53 TimeSaver Off Site Secretarial Inc 01/09/2023 120413 M27878 101-41300-319 CC MEETING MINUTES Administration 325.63 Total 120413:325.63 TITAN MACHINERY 01/09/2023 120414 17922924 701-49800-215 ROLLER FOR LOADER 158.00 Total 120414:158.00 U.S. AutoForce 01/09/2023 120415 1046393 101-42110-402 TIRES Police Department 648.64 Total 120415:648.64 UNIFIRST CORPORATION 01/09/2023 120416 090 0741218 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 01/09/2023 120416 090 0741218 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 01/09/2023 120416 090 0741218 101-43000-226 UNIFORMS - PW Public Works Department 36.96 UNIFIRST CORPORATION 01/09/2023 120416 090 0741218 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.96 UNIFIRST CORPORATION 01/09/2023 120416 090 0741218 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.96 UNIFIRST CORPORATION 01/09/2023 120416 090 0741218 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.96 UNIFIRST CORPORATION 01/09/2023 120416 090 0741218 101-45200-226 UNIFORMS-PARKS Parks 36.96 Total 120416:214.69 US Bank Equipment Finance 01/09/2023 120417 490649035 710-49970-413 COPIERS 596.76 Total 120417:596.76 WASTE MANAGEMENT RECYC 01/09/2023 120418 0099298-280 603-49500-316 RECYCLING DEC 22 ORGANICS 86.81 WASTE MANAGEMENT RECYC 01/09/2023 120418 0099298-280 603-49500-316 RECYCLING 1/2023 17,944.60 Total 120418:18,031.41 WESTSIDE WHOLESALE TIRE 01/09/2023 120419 919420 701-49800-402 TIRE REPAIR 425 50.00 Total 120419:50.00 ZAHL-PETROLEUM MAINTENA 01/09/2023 120420 0276978-IN 701-49800-403 REPAIR BIG HOIST REPLACE BROKEN SAFETY 1,074.61 City of Orono Check Register - COUNCIL REPORT Page: 26 Check Issue Dates: 12/13/2022 - 1/9/2023 Jan 05, 2023 03:16PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120420:1,074.61 METROPOLITAN COUNCIL- SAC 12/19/2022 201303 2022.11 101-20809 SAC 11/2022 7,455.00 METROPOLITAN COUNCIL- SAC 12/19/2022 201303 2022.11 101-39610 SAC 11/2022 74.55- Total 20130317:7,380.45 PSN: PAYMENT SERVICE INVOI 01/09/2023 201303 270826 601-49400-312 WATER FUND PSN FEES Water 318.17 PSN: PAYMENT SERVICE INVOI 01/09/2023 201303 270826 602-49450-312 SEWER FUND PSN FEES Sewer 645.98 PSN: PAYMENT SERVICE INVOI 01/09/2023 201303 270954 101-41900-312 MISC PSN FEES Central Services 2.20 PSN: PAYMENT SERVICE INVOI 01/09/2023 201303 271107 101-41900-312 BUILDING PERMIT PSN FEES Central Services 4.40 Total 20130318:970.75 Grand Totals: 646,227.25 AGENDA ITEM Prepared By: RJO Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to approve the 2022 Interfund Loan and Transfers. 2. Background / Summary. Each year the Council is requested to authorize the transfer of monies between funds. These transactions fall into the following categories: A. Budgeted Transfers. Items designated in that year’s budget when originally adopted for the purpose of providing support from one fund to another. B. Fund Obligations. (1) Payments from one fund to another to reimburse expenses incurred by one fund on behalf of another. This is generally for City portions of special assessments or for equipment capital outlay. (2) Loan payments from one fund to another. Loans are generally made to construction funds for the purpose of payment of expenses incurred prior to the sale of bonds and the levying of special assessments. In addition certain loans are necessary to fund major undertakings when the fund incurring the expense does not have adequate cash flow available to complete the project. 3. Staff Recommendation. Staff recommends approval of the 2022 Interfund Loan and Transfers as presented. COUNCIL ACTION REQUESTED Motion to approve the 2022 transfers and loan payments as presented on the attached schedule. Exhibits A. Schedule of 2022 Interfund Transfers and Loan Payments Item No.: 4 Date: January 9, 2023 Item Description: Approve 2022 Interfund Loan and Transfers Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Schedule of 2022 Interfund Transfers and Loan Payments From To Amount Purpose General Improvement & Equipment Outlay 400,000.00$ Annual operating transfer for capital purchases General Park Fund 269,924.50$ Operating Transfer of 2021 Bonding Bill Proceeds from the General Fund to the Park Fund for the Big Island Improvements Water Operating 2016 GO Refunding Bond Debt Service 55,000.00$ Annual operating transfer for Water Fund portion of the Casco Point Road Project Sewer Operating 2016 GO Refunding Bond Debt Service 110,000.00$ Annual operating transfer for Water Fund portion of the Casco Point Road Project AGENDA ITEM Prepared By: cf Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to accept a donation to the City. 2. Background. The Helmsley Charitable Trust has helped law enforcement acquire industry-leading AEDs that analyze heart rhythms through CPR, reduce pauses and allow for improved blood circulation to increase the odds of survival. Using Wi-Fi connectivity, these self-monitoring devices can report their status to a centralized online data repository, allowing law enforcement agencies to know their devices are ready or are in need of maintenance. The information collected by these devices also allows state health departments to improve response to cardiac arrest and demonstrates how swift enforcement response gives patients a better chance of survival law. 3. Donation Received. The Orono Police Department applied for the grant for 12 AEDs. These will replace our older and dated AEDs. Donor Donation Description Donation Value Donation Purpose Helmsley Charitable Trust 12 AEDs $26,400 Life Safety Devices 4. Staff Recommendation. I recommend the city accept the generous donation of 12 AED’s from the Helmsley Charitable Trust. COUNCIL ACTION REQUESTED Motion to approve Resolution No. 7330. Exhibit A. MN AED Grant Announcement Item No.: 5 Date: January 9, 2023 Item Description: Approval to Accept Donation – Helmsley Charitable Trust – Resolution 7330 Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7330 RESOLUTION ACCEPTING DONATION WHEREAS, The Leona M. and Harry B. HELMSLEY Charitable Trust wishes to make a donation to the City of Orono (“City”) of 12 AED’s; and WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and [WHEREAS, the City agrees to perform the conditions on the donation, if any; and] WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 9th day of January, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, City Clerk FOR IMMEDIATE RELEASE $18.8 Million Helmsley Charitable Trust Grant to Fund Life-Saving New Technology for Law Enforcement in ORONO ORONO, M.N. (January 9, 2023) - In an ongoing effort to improve the cardiac system of care in the Upper Midwest, The Leona M. and Harry B. Helmsley Charitable Trust has awarded an $18.8 million grant to the University of Minnesota Medical School. The grant aims to provide law enforcement officers and first responders across Minnesota with more than 8,300 automated external defibrillators (AEDs) to improve cardiac arrest survival rates. The grant includes funding for 12 AEDs for Orono Police Department. “Seconds count during a cardiac arrest,” said Walter Panzirer, a Helmsley trustee. “We know in Minnesota first responders often have great distances to cover. This funding will ensure those who get to the scene before EMS arrives give patients a better shot at survival.” Data from Minnesota CARES (Cardiac Arrest Registry to Enhance Survival) shows that 70 percent of out-of-hospital cardiac arrest incidents happen in homes, where AEDs placed in public facilities can be less effective. AEDs should be applied within the first 3 to 5 minutes for the best possible outcome. Studies conducted by the American Heart Association demonstrate a dramatically higher survival rate for cardiac patients shocked by law enforcement, who are generally first on the scene, especially in rural areas. The AEDs analyze heart rhythms throughout CPR, reduce pauses and allow for improved blood circulation to increase the odds of survival. Using Wi-Fi connectivity, these self-monitoring devices can report their status to a centralized online data repository, allowing law enforcement agencies to know their devices are ready or in need of maintenance. The information collected will also allow the Center for Resuscitation Medicine to improve response to cardiac arrest and demonstrate how swift law enforcement response gives patients a better chance of survival. “QUOTE FROM LOCAL LAW ENFORCEMENT OFFICIAL HERE” The new devices will be placed, and training conducted by January 31, 2023. AEDs previously used by some agencies can be relocated throughout communities increasing the number of AEDs accessible to the public. To date, the Helmsley Charitable Trust has invested more than $500 million to improve access to quality healthcare in rural America, $72 million of that in Minnesota. ### About the Helmsley Charitable Trust The Leona M. and Harry B. Helmsley Charitable Trust aspires to improve lives by supporting exceptional efforts in the U.S. and around the world in health and select place-based initiatives. Since beginning active grantmaking in 2008, Helmsley has committed more than $3 billion for a wide range of charitable purposes. Helmsley’s Rural Healthcare Program funds innovative projects that use information technologies to connect rural patients to emergency medical care, bring the latest medical therapies to patients in remote areas, and provide state-of-the-art training for rural hospitals and EMS personnel. To date, this program has awarded more than $500 million to organizations and initiatives in the upper Midwest states of North Dakota, South Dakota, Nebraska, Wyoming, Minnesota, Iowa, and Montana. For more information, visit www.helmsleytrust.org. -end- For more information, contact: Deputy Chief Chris Fischer Orono Police Department 2730 Kelley Parkway Orono, MN 55356 952-249-4700 AGENDA ITEM Prepared By: cf Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to accept a donation to the City. 2. Background. William and Anastasia Hoeft has donated a $1000 to the Orono Police Department as a thank you to the officers for all the good work they do to keep our community safe and to be used for equipment in the police workout room. 3. Donation Received. Donor Donation Description Donation Value Donation Purpose William and Anastasia Hoeft Cash $1000.00 Police workout room 4. Staff Recommendation. I recommend the city accept the generous donation from William and Anastasia Hoeft. COUNCIL ACTION REQUESTED Motion to approve Resolution No. 7331. Item No.: 6 Date: January 9, 2023 Item Description: Approval to Accept Donation – William and Anastasia Hoeft – Resolution No. 7331 Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7331 RESOLUTION ACCEPTING DONATION WHEREAS, William and Anastasia Hoeft wishes to make a donation to the City of Orono (“City”) in the amount of $1000.00 to be used to supplement the equipment or facility needs for the police workout room; and WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and [WHEREAS, the City agrees to perform the conditions on the donation, if any; and] WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 9th day of January, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, Clerk AGENDA ITEM Prepared By: cf Reviewed By:A.Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to hire a par-time CSO (Cadet). 2. Background. The Police Department is currently recruiting to fill 1 vacancy. 3. Recruitment. The selection process for the position involved advertising the position, application screening, and interviews. First round interviews are completed by a panel of currently serving officers and second round interviews by the Chief of Police. Cadet applicant must be currently enrolled or has completed a MN accredited law enforcement program. 4. Recommended Candidate. Hunter Buchanan is currently enrolled in the law enforcement program at Minneapolis Community College. Buchanan has more than 2 year’s police officer experience with Fayetteville, NC Police Department. Buchanan is also a Specialist with the US Army Reserve. Buchanan is excited about the opportunity to work for the Orono Police Department. 5. Recommended Compensation. I recommend to hire Hunter Buchanan as a part-time CSO (Cadet) with an effective start date of January 17, 2023. a. Salary. Starting rate of $24.87/hour. b. Benefits. As a part-time employee the position is not eligible for benefits. COUNCIL ACTION REQUESTED Motion to approve the hiring of Hunter Buchanan as a part-time CSO (Cadet) at the rate of $24.87 per hour with a start date of January 17, 2023. Item No.: 7 Date: January 9, 2023 Item Description: Authorization to Hire Hunter Buchanan – Part-Time CSO(Cadet) Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: cf Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to hire a full-time Police Officer. 2. Background. The Police Department is currently recruiting to fill one vacancy. 3. Recruitment. The selection process for the position involved advertising the position, application screening, and interviews. First round interviews are completed by a panel of currently serving officers and second round interviews by the Chief of Police. Police Officer applicant must also successfully complete a psychological exam, a physical (pre-employment medical) exam and has pass the MN Peace Officers Standards and Training (POST) licensing exam. 4. Recommended Candidate. Melissa Klukas is currently employed as a Program Assistant for the Brooklyn Park Police Department and more than 5 years of prior police officer experience with the Mounds View Police Department. Klukas has a BA in Criminal Justice from St. Cloud State University. She has taken the required examination and passed the POST licensing exam. Klukas is excited about the opportunity to work for the Orono Police Department. 5. Recommended Compensation. I recommend to hire Melisa Klukas as a full-time police officer with an effective start date of January 10, 2023. a. Salary. Starting rate of $40.46/hour step 2 (LELS Local 40 Agreement pay scale). b. Benefits. As a full-time employee the position is eligible for benefits as outlined in the LELS Local 40 Agreement and personnel handbook. This includes enrollment in the Police and Fire Plan of the Public Employees Retirement Association (PERA). COUNCIL ACTION REQUESTED Motion to approve the hiring of Melissa Klukas as a full-time police officer at the rate of $40.46 per hour with a start date of January10, 2023. Item No.: 8 Date: January 9, 2023 Item Description: Authorization to Hire Melissa Klukas - Police Officer Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda 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 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. Kel-Tec model PF-9 9mm Serial Number - RYR85 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.: 9 Date: January 9, 2023 Item Description: Approval to Dispose of a Firearm Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to approve the final pay application and close out the 2022 Sanitary Sewer Rehabilitation Project. 2. Background. Metropolitan Council Environmental Services (MCES) provides sanitary sewer treatment for the majority of communities (including Orono) in metropolitan area. Since 2005, MCES has identified Orono as one of the communities who contribute excessive Inflow and Infiltration (I&I). The City has been executing a sanitary sewer rehabilitation project annually to reduce I&I. Each year the City works to identify inflow and infiltration points within the sanitary sewer system through our annual inspection program. These sites then inform our rehabilitation efforts for the year. In 2020, the City received an excessive flow work plan assignment from MCES based on excessing flows in 2019 for $363,540. I&I mitigation projects in 2020-24 may be used to accomplish the assignment. The project was awarded on 9 May 2022. The work was completed in October of 2022. 3. Scope. The project included the lining of 1362 feet of sewer main. 4. Cost. The project was awarded to Insituform Technologies for $151.025.80. The cost of the completed work is $149,107.70. Pay request 2/Final is for $7,445.39 5. Funding. The project is funded from the Sanitary Sewer Fund. 6. Staff Recommendation. I recommend payment of the final pay application and close out of the project. The contractor has provided all of the requisite documentation. The project was completed on time and below budget. COUNCIL ACTION REQUESTED Motion to approve payment of pay request 2/final to Insituform Technologies for $7,445.39 and to close the project. Exhibits A. Final Pay Application. Item No.: 10 Date: January 9, 2023 Item Description: 2022 Sewer Rehabilitation Project Closeout (22-014) Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda Exhibit A. Final Pay Application AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain council approval to commence the planning and engineering of the 2023 Sanitary Sewer Improvements Project. 2. Background. Since 2005, MCES has identified Orono as one of the communities who contribute excessive Inflow and Infiltration (I & I). The City has been executing a sanitary sewer rehabilitation project annually to reduce I&I. Each year the City works to identify inflow and infiltration points within the sanitary sewer system thought our annual inspection program. These sites then inform our rehabilitation efforts for the year. 3. Scope of Work. a. Project Scope of Work. This Sanitary Sewer Rehabilitation project will consist of Cured in Place Pipe (CIPP) lining of infiltration susceptible sanitary sewer pipes. The purpose of the project is to reduce I&I into the sanitary sewer systems and extend the life to the existing pipes. b. Design and Engineering Scopes of Work. Planning and engineering will consist of reviewing televising, preparation of plans and specification and solicitation of bids. Proposal at Exhibit A. 4. Cost. BMI provide a not to exceed cost of $ 26,700. 5. Funding. The design and engineering as well as the construction of the project will come from the Sanitary Sewer Fund. The 2023 CIP budgeted $300,000 for the project. The projected 2023 end of year balance for the fund is $1,176,080. 6. Staff Recommendation. I recommend approval of the proposals from Bolton and Menk and that Council authorize staff to begin design and planning for these projects. COUNCIL ACTION REQUESTED: Move to direct the City Engineer to move forward with planning for the 2023 Sanitary Sewer Rehabilitation Project and accept the Bolton and Menk’s proposal for design and engineering of the same. Exhibits A. Bolton and Menk Proposal- Sanitary Sewer Rehabilitation (CIPP) Item No.: 11 Date: January 09, 2023 Item Description: Engineering and Design Support Approval for 2023 Sanitary Sewer Improvements Project (23-014) Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda H:\ORNO\2023 New Projects\Fee Estimate - 2023 Sewer Improvements.docx January 3, 2023 City of Orono Attn: Adam Edwards P.O. Box 66 Orono, MN 55323 RE: 2023 Sanitary Sewer Rehabilitation Project Dear Adam: As requested, we have prepared a fee estimate for engineering design services related to the 2023 Sanitary Sewer Rehabilitation Project. It is our understanding that the scope of the project will include cured in place sewer lining. Our scope of services for this project will include the following: • Reviewing televising information • Preparation of Plans and Specifications based on aerial photos and City record plan information • Bidding assistance and award recommendations Based on the above-mentioned scope of work, we propose a not-to-exceed fee of $26,700. Upon request, a fee estimate for construction related services will be provided prior to awarding the project. Please contact me if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Senior Principal Engineer AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this item is for City Council to accept the sanitary sewer and water utilities within the Shoreline Estates development. 2. Background. The Orono Crossing development (LA21-55) was approved subject to the terms of the Development Contract executed by the developer and the City October 11, 2021. Per the contract the sanitary sewer is to be a public facilities owned, operated, and maintained by the City of Orono. 3. Public Improvements. The development infrastructure that is public include the water system and sanitary sewer system. The value of the public improvements is $181,000. 4. Staff Recommendation. I recommended acceptance of the sanitary sewer system. COUNCIL ACTION REQUESTED: Adopt the attached resolution accepting the sanitary sewer system, improvements within Shoreline Estates as a public facility. Exhibits A. Resolution Item No.: 12 Date: January 9, 2023 Item Description: Shoreline Estates (LA21-000055) - Acceptance Public Improvements – Resolution 7329 Presenter: Adam T. Edwards City Administrator / City Engineer Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7329 A RESOLUTION ACCEPTING THE SANITARY SEWER UTILITY WITHIN SHORELINE ESTATES AS A PUBLIC FACILITY WHEREAS, on October 11, 2021 the City of Orono and Mark Jacobs and Trisha Blake each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated April 30,2018 (“Developer”) entered into Development Contract for Project LA21-55, (the "Contract") which documented the terms and conditions under which the development known as Shoreline Estates was approved; and WHEREAS, the terms and conditions of the Agreement state that final acceptance of the improvements to be publicly owned, including the sanitary sewer, shall take the form of a Resolution passed by the Orono City Council, on the advice of the City Engineer; and WHEREAS, the City Engineer has recommended that the City formally accept the sanitary sewer; and NOW, THEREFORE BE IT RESOLVED that the City Council of Orono does hereby formally accept the Public Improvements (sanitary sewer) associated with Shoreline Estates and shall assume ownership and maintenance of said facilities. ADOPTED this 9th day of January, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: DJG Reviewed By: Approved By: 1.Purpose. The purpose of this action item is to gain approval to purchase vehicle and equipment tire changing equipment. 2.Background. This equipment helps the mechanic remove, repair and replace tires on our small to midsize equipment and vehicles tires for all of the city departments. In the past this was done from our vehicle repair contractors or dealership. The equipment comes with all related accessories need ed to service the tire repair and mounting system. The tire balancer will also provide a print out of the before and after results, this will aid in wheel aliment, road handling including tread wear. 3.Cost. The City received a quotes for the equipment and related accessories, listed below. Mohawk is not able to supply the cage and accessories Company Company / Model / Description Cost Mohawk Lifts Hunter Wide body Tire Changer, Road Force elite tire balancer, $ 31,090.42 Myers Tire Supply Hunter Wide body Tire Changer, Road Force elite tire balancer, balancing accessories $ 29,488.00 Myers Tire Supply Tire inflation cage and patches, plugs repair accessories $ 3,266.48 Total: $32,754.48 4.Funding. This purchase will be funded through the equipment fund. The items were listed in the CIP for $35,000. The projected end of year balance for this fund is $ 470,000 5.Staff Recommendation. I recommend approval of the purchase by Myers Tire Supply for $ 32,754.48. COUNCIL ACTION REQUESTED Motion to approve the purchase of tire changer and balancer equipment from Myers Tire Supply for $32,754.48 Exhibits A.Tire Replacement Equipment Details Item No.: 13 Date: January 9, 2023 Item Description: Approval to Purchase Tire Replacement Equipment Presenter: DJ Goman Public Works Superintendent Agenda Section: Consent Agenda AGENDA ITEM AGENDA ITEM Prepared By: J. Lemons Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to purchase the golf course tee mower and the golf course rough mower. 2. Background. The 2022 CIP budgeted for a new tee mower, the mower was not able to be purchased in 2022 due to availability and price increase. Staff solicited quotes from two vendors, Midwest Machinery Co. and MTI Distributing. Staff recommended the quote by MTI Distributing at the time. Both vendors have increased pricing by 14% and cannot guarantee delivery in 2023. The 2023 CIP has budgeted for a replacement of the golf course rough mower. The current rough mower is nearly 20 years old and has required extensive repairs in the last few years. The mower has outlived its usefulness. The rough mower replacement was quoted out recently and was 14% higher than originally quoted. The vendor cannot guarantee delivery in 2023. Staff investigated used equipment to meet the need for immediate replacement. A rough unit in good condition is available for purchase from Rochester Golf & Country Club. Staff is familiar with the piece of equipment and the condition that it is in. The expected life for the used rough mower is 10+ years. A used tee mower with very low engine hours is available from MTI Distributing. The expected life of the used tee mower is 10+ years. Both the tee mower and the rough mower are available immediately. 3. Cost. The City received the quotes listed in the table below. Option A Vendor/ Company Description Cost Midwest Machinery Co. John Deere 8800A Rough Unit $90,403.81 Midwest Machinery Co. John Deere 2550 Triplex Unit $54,094.90 Option B Vendor/ Company Description Cost Rochester Golf & CC Toro Grounds Master 4500 Rough Unit $35,000.00 MTI Distributing Jacobsen Tri-King Triplex Unit $10,500.00 4. Funding. This purchase will be funded through the equipment fund. The items were listed in the CIP for $44,000.00 and $77,672.00. 5. Staff Recommendation. Staff recommends proceeding with Option B for purchase. The used equipment is good condition and will serve the needs of the golf course. COUNCIL ACTION REQUESTED Motion to approve the purchase of the purchase of Option B. Exhibits A. Midwest Machinery Co. Quote B. Rochester Golf & CC Quote C. MTI Distributing Quote Item No.: 14 Date: January 9, 2023 Item Description: Authorization to Purchase Golf Course Equipment Presenter: Joshua Lemons Parks and Golf Superintendent Agenda Section: Consent Agenda Date:24 October 2022 Offer Expires:01 June 2023 Confidential 27674015Quote Id: Prepared For: CITY OF ORONO ORONO GOLF COURSE Prepared By:Jacob Walters Midwest Machinery Co. 12040 Point Douglas Dr South Hastings,MN 55033 Tel: 651-437-7747 Fax: 651-437-3483 Email:jwalters@mmcjd.com Salesperson : X ______________Accepted By : X ______________ Confidential Quote Summary Prepared For: CITY OF ORONO ORONO GOLF COURSE PO BOX 66 CRYSTAL BAY, MN 55323 Prepared By: Jacob Walters Midwest Machinery Co. 12040 Point Douglas Dr South Hastings, MN 55033 Phone: 651-437-7747 jwalters@mmcjd.com Package includes: - 3 Year Comprehensive Warranty - $2,800 Parts Credit Upon completed Purchase Order, MMC will supply a rental triplex to supplement the necessity of the clubs tee mower while they wait for new unit to be delivered. Quote Id:27674015 24 October 2022 04 January 2023 Created On: Last Modified On: Expiration Date:01 June 2023 Equipment Summary Selling Price Qty Extended JOHN DEERE 8800A TerrainCut Rough Mower $ 90,403.81 X 1 =$ 90,403.81 JOHN DEERE 2550 PrecisionCut Triplex Mower $ 54,094.90 X 1 =$ 54,094.90 Equipment Total $ 144,498.71 Quote Summary Equipment Total $ 144,498.71 SubTotal $ 144,498.71 Sales Tax - (6.875%)$ 9,886.16 Total $ 154,384.87 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 154,384.87 Selling Equipment Quote Id: 27674015 Customer:CITY OF ORONO ORONO GOLF COURSE Confidential JOHN DEERE 8800A TerrainCut Rough Mower Hours: Stock Number: Selling Price $ 90,403.81 Code Description Qty Unit Extended 150ETC 8800A TerrainCut Rough Mower 1 $ 110,072.00 $ 125,482.08 Standard Options - Per Unit 001A United States/Canada 1 $ 0.00 $ 0.00 183E JDLink™ Modem 1 $ 0.00 $ 0.00 0443 All Other Countries (English / Spanish)1 $ 0.00 $ 0.00 9792 Air Ride Suspension Kit 1 $ 1,340.64 $ 1,340.64 Standard Options Total $ 1,340.64 Value Added Services Total $ 0.00 Other Charges Setup 1 $ 500.00 $ 500.00 Field Start Up 1 $ 700.00 $ 700.00 Other Charges Total $ 1,200.00 Suggested Price $ 128,022.72 Customer Discounts Customer Discounts Total $ -37,618.91 $ -37,618.91 Total Selling Price $ 90,403.81 JOHN DEERE 2550 PrecisionCut Triplex Mower Hours: Stock Number: Selling Price $ 54,094.90 Code Description Qty Unit Extended 1163TC 2550 PrecisionCut Triplex Mower 1 $ 46,618.00 $ 53,144.52 Standard Options - Per Unit 001A United States and Canada 1 $ 0.00 $ 0.00 183E JDLink™ Modem 1 $ 0.00 $ 0.00 0443 All Other Countries (English / Spanish)1 $ 0.00 $ 0.00 1022 Smooth Tires and Wheels (20x10.00-10, 2 ply) 1 $ 820.80 $ 820.80 1192 Rear Wheel Assist - Traditional Parallel System 1 $ 4,304.64 $ 4,304.64 Selling Equipment Quote Id: 27674015 Customer:CITY OF ORONO ORONO GOLF COURSE Confidential 1201 Quick Adjust 5 (QA5) 7-blade Heavy Section Cutting Units 1 $ 11,822.94 $ 11,822.94 1300 50.8 mm (2-in.) Diameter Machined Grooved Solid Rollers with Solid Endcaps 1 $ 864.12 $ 864.12 1400 Cutting Unit ONLY Counterweights 1 $ 327.18 $ 327.18 1602 50.8 mm (2-in.) Diameter Wide Tube / Hollow Smooth Front Rollers 1 $ 588.24 $ 588.24 2009 Standard Seat 1 $ 771.78 $ 771.78 3200 Cutting Unit Attaching Yokes and Paddle Clip Style Molded One-Piece Grass Catchers 1 $ 2,542.20 $ 2,542.20 9766 LED Work Light Kit 1 $ 791.16 $ 791.16 Standard Options Total $ 22,833.06 Value Added Services Total $ 0.00 Other Charges Freight 1 $ 305.00 $ 305.00 EnviroCrate 1 $ 65.00 $ 65.00 Setup 1 $ 1,600.00 $ 1,600.00 Other Charges Total $ 1,970.00 Suggested Price $ 77,947.58 Customer Discounts Customer Discounts Total $ -23,852.68 $ -23,852.68 Total Selling Price $ 54,094.90 Proposed Quote From Rochester Golf & Country Club Date 1/4/2023 Prepared By: JT Hauser, Golf Course Superintendent Phone: 815-275-3483 Email: jhauser@rgcc.org Prepared For: Josh Lemons, City of Orono Bill To:City of Orono Contact:Josh Lemons Address: City:Orono, MN Phone:970-301-9973 Email:jlemons@ci.orono.mn.us Item #Item Description Qty Unit Price 30881 2016 Grounds Master 4500 Tier 4 Diesel Rough Mower 1 $32,332.56 30836 Leaf Mulching Kit - Contour Deck 5 $0.00 117-5121 Sectional Roller 5 $0.00 Hours: 3811 Total $32,369.94 Taxes (8.125%)$2,630.06 Total Cost $35,000.00 Payment:Check to be made out to Rochester Golf and Country Club **Buyer Agrees to arrange pickup of equipment **All sales are final **Equipment is sold as-is January 4, 2023 Quote Number 0104202301RD Josh Lemons Parks and Golf Superintendent 2750 Kelley Parkway | Orono, MN 55356 Office: (952) 249-4684 Dear Josh: We are pleased to quote you on the following equipment. PRODUCT DESCRIPTION XC-UE9726 Pre Owned 2012 Jacobsen Tri-King $10,500.00 32” 8 Blade Cutting Units – 650 Hours ** Unit is sold as Bronze- As Is No service performed And NO Warranty Pricing does not include appropriate sales tax. Product is subject to availability. Thank you for the opportunity to submit this quote. If you have any questions, please call 763-592-5610 or 1-800-362-3665 and I will be happy to help you in any way possible. Sincerely, Rick DeValk Rick DeValk Sales Representatives AGENDA ITEM Prepared By: JVE Reviewed By:A. Carlson Approved By: 1. Purpose. The purpose of the action item is to approve the refurbishment and equipping of the ladder truck. 2. Background / Summary. Council gave staff the approval to purchase a used ladder truck from the City of Coon Rapids. Staff had MacQueen Emergency review and provide a quote to refurbish and identify any issues with the truck. Staff was also directed to obtain pricing for equipping the truck for use as a fully functioning fire apparatus. Staff reviewed the quote from MacQueen and identified items that needed immediate correction (Green), items in need of wanted correction (Yellow) and items not needed for use but were more cosmetic (Red). 3. Cost. A breakdown of costs is included in the table below. Some of the identified items will be performed in house or with a local vendor, which could lead to lower prices. Description Vendor Amount Refurbishment MacQueen $70,348 Equipment Multiple Vendors $115,775 Graphics Transport Graphics $6,682 Total $192,805 4. Funding. Funding for the refurbishment and procurement of equipment will come from the Fire Equipment Outlay Fund. 5. Staff Recommendation. Staff recommends approval of the identified green and yellow items on the MacQueen quote. These prices could be less if we use a local vendor or perform the repairs in house. Staff recommends approval of the graphics quote from Transport Graphics pricing will vary due to removal of existing graphics. Staff also recommends the purchasing of the equipment as listed in the equipment spreadsheet. The equipment spreadsheet is multiple vendors and prices may vary due to inflation. COUNCIL ACTION REQUESTED Motion to authorize staff to refurbish and equip the ladder truck for a cost not to exceed $192,805. Exhibits A. MacQueen quote with notes B. Transport Graphics Estimate C. Equipment Spreadsheet Item No.: 15 Date: January 9, 2023 Item Description: Approval of Fire Ladder Truck Rehab and Equipping Presenter: James Van Eyll Orono Fire Chief Agenda Section: Consent Agenda DESCRIPTION COST EACH QTY  4.5" HYDRANT TO STORZ ADAPTER S‐54RL $255.00 1 5" STORZ TO 2.5" S‐36 $165.00 1 5" STORZ TO 4" STORZ ADAPTER SSS $299.95 1 5" TO 6" THREADED ADAPTER H‐37‐60NHM‐50NH $349.95 1 6" THREADED TO STORZ ADAPTER $265.00 1 STORZ TO 5" HYDRANT ADAPTER $260.00 1 2 1/2" Gated "Y" Valve $315.00 1 2.5" TO GARDEN HOSE ADAPTER $59.95 1 Double Female 1.5 in. Adapter $37.95 2 Double Female 2.5 in. Adapter $44.95 2 Double Male 1.5 in Adapter $31.95 2 Double Male 2.5 in. Adapter $37.95 2 Reducer 2.5 in. to 1.5 in.$39.95 2 Bug Spray Can (Only in Summer Months) $12.00 1 Duct Tape Roll $25.00 2 ORANGE WEBBING $0.00 1 Rope White 25 FT $0.00 1 Decon Box Green W/ Red hose + 20 FT 1‐3/4" Hose $1,750.00 1 Fire Tape Roll $0.00 3 9 VOLT BATTERIES (MIN OF 5 EACH) $0.00 5 AA BATTERIES (PACK OF 4 EACH)$0.00 2 BLUE BOOT COVERS (PACK OF 50) $0.00 1 ERG BOOK $0.00 1 LLFD STATION GARAGE DOOR OPENER $0.00 1 PASSPORT $55.00 3 RADIO FLEET MAP $0.00 1 1 Fly Ladder 24 FT $0.00 1 Attic Ladder 10 FT $0.00 1 Roof Ladder 14 FT $0.00 2 BOTTLED WATER (CASE) $0.00 1 BACK BOARD GREEN $0.00 1 Foam Container 5 Gallon $165.00 3 Hose Garden 25 FT $45.00 1 LDH Hose Yellow 50' (ENGINEERS COMPARTMENT ONLY) $595.00 1 Black Hose 1‐3/4 in. 25 FT (FOR JET DRAFTING) $145.00 1 Nozzle 1.5 in. SPARE IN ENGINEERS COMPARTMENT TFT THUNDER‐FOG W/GRIP $1,056.75 1 Nozzle 2.5 in. SPARE IN ENGINEERS COMPARTMENT TFT THUNDER‐FOG W/GRIP $1,123.50 1 Strainer TFT BL039 5" W/FLOAT $1,119.95 1 HARD SUCTION 10'$465.00 2 BLITZ FIRE (BLUE) Task Force Tips Blitzfire Monitor, Inlet 2.5" NH‐F, Swivel, R/L X 2.5"NH‐M $3,105.99 1 BLITZ FIRE Task Force Tips Blitzfire 3 Stacked Tips, 2.5"NH‐F Swivel Inlet $420.00 1 BLITZ FIRE MOUNTING BRACKET $183.75 1 LDH Hose Yellow 100' HOSE BED $895.00 5 Apartment Bundle W/ 100 FT of hose W/ (8) 50' 1.75" HOSE, (2) 1.5" TFT NOZZLES, HOLDER $2,000.00 2 CROSSLAY #1 (4) 50' SECT RED 1.75" HOSE $175.00 4 CROSSLAY #2 (4) 50' SECT YELLOW 1.75" HOSE $175.00 4 CROSSLAY #3 (4) 50' SECT ORANGE 2.5" HOSE $240.00 4 CROSSLAY #1 + #2 NOZZLES 1.5" TFT THUNDER‐FOG W/GRIP $1,056.75 2 CROSSLAY #3 NOZZLE 2.5" TFT THUNDER‐FOG W/GRIP $1,123.50 1 AED‐ZOLL $1,600.00 1 AED‐ZOLL AED ADULT PADS $65.00 1 AED‐ZOLL AED PEDS PADS $65.00 1 BLS MEDICAL BAG BLUE W/MEDICAL ITEMS $450.00 1 MEDICAL GLOVES LARGE $0.00 1 MEDICAL GLOVES MEDIUM $0.00 1 MEDICAL GLOVES XL $0.00 1 MEGA MOVER $0.00 1 FIRE‐COMM HEADSETS WIRED/WIRELESS $6,500.00 1 MOTOROLA APX 4000 RADIO $3,500.00 4 RIT BAG W/MASKS $3,400.00 1 RIT TOOL BAG $1,200.00 1 SCBA Bottle (45 min)$875.00 10 SCBA PACK W/ 45 min bottle FULL is 4500 PSI $5,605.00 5 SCBA Bottle (60 min)$970.00 2 Foam Wrench $15.95 1 Hydrant Wrench Set (2) Hydrant Wrenches SET $92.50 3 Mallet 32OZ RUBBER $19.00 1 Spanner wrench $16.50 4 Decon Bag Olive Green W/Garbage Bags, Scrub Brush, Flip Flops SZ 9, 11, 13, Wipes $275.00 1 TOWEL OR RAG $10.00 3 36" Pry Bar $19.97 1 Bolt Cutter 30" MILWAUKEE $89.99 1 Closet Hook 3 FT $102.86 1 Flathead Axe $75.71 2 Halligan Fire Hooks Unlimited Maxximus Rex 30" Halligan W/ ADZ Rex Lock Pull $335.00 1 Pickhead Axe $86.99 1 Pike Pole 3 FT Leatherhead Tools American Hook Pike on Pro‐Lite, Hi‐Viz Fiberglass Pole $102.86 1 Closet Hook Leatherhead Tools Drywall Hook, Pro‐Lite Hi‐Viz Fiberglass Pole $107.99 1 SET OF IRONS W/HOLDER Fire Hooks Unlimited Promaxx Tools Combo $443.99 1 ROPE BAG True North L‐2 Search Rope Bag $63.71 3 TNT/DENVER TOOL TNT Denver Tools Multi‐Purpose Tool, 6.5 lb Head $347.99 1 Salvage Cover 12 ft x 14 ft Husky Heavy Duty Salvage Cover $154.99 3 Water Extinguisher (NEEDS TO BE IN THE GREEN OR FULL) $175.00 1 4 GAS MONITOR $900.00 1 Binoculars $45.00 1 Flashlight (Yellow Whelen Box Light) $995.00 2 FLIR K33 THERMAL CAMERA W/ SPARE BATTERY IN TRUCK MOUNT $3,195.00 1 HCN MONITOR $250.00 1 I‐PAD W/MOUNT $1,200.00 1 LED LANDING ZONE KIT BLUE BAG $125.00 1 METAL CLIP BOARD W/PENS $50.00 1 STOP/SLOW SIGN KIT IN ORANGE BAG $125.00 1 STREAMLIGHT ORNAGE SURVIVOR FLASHLIGHT $87.00 5 STREAMLIGHT ORNAGE SURVIVOR FLASHLIGHT 5 BANK CHAGER $300.00 1 10' PIKE POLE Leatherhead Tools American Hook Pike on Pro‐Lite, Hi‐Viz Fiberglass Pole $103.99 1 DEBRIS BUCKET $25.00 1 Ear Muff Hearing Protection $25.00 2 Floor Dry Pails $25.00 2 LED Lighted Cones 5 PC Collapsible High‐Vis Cones,W/Case $245.99 1 METAL CUTTING SAW BLADE MILWAUKEE K‐SAW Diamond Premium 9 in. Segmented Blade (1‐Pack) $70.00 1 STIHL CHAINSAW BATTERY POWERED (W/2 BATTERY) $799.00 1 MILWAUKEE M18 K‐SAW (W/ (2) 12.0 18 VOLT BATTERY) $700.00 1 MILWAUKEE SAWSALL M18 FUEL GEN‐2 18V Lithium‐Ion W/ (1) 12.0 Ah Battery $450.00 1 Tool Box W/HAND TOOLS $350.00 1 FLATHEAD SHOVEL $45.00 1 New York Hook 6'$139.95 2 Shovel Scoop Large $45.00 1 Battery Powered Fan Milwaukee M18 Volt (W/ 2 12.0 M18 Batteries) SUPER‐VAC $4,200.00 1 Milwaukee M18 12.0 Tool SPARE Batteries Lithium‐Ion High Output 12.0Ah Battery Pack (2‐Battery) $498.00 3 PUSH BROOMS $45.00 2 Red Dry Chem Fire Extinguisher $250.00 2 GAS CAN (STRAIGHT FUEL)$50.00 1 GLASS MASTER YELLOW TOOL $183.59 1 Hydrant Bag $151.99 1 SLEDGE HAMMER 10LB $79.99 1 BLOW TORCH KIT YELLOW BOTTLE $63.99 1 COST TOTAL PART NUMBER  $255.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF S‐54RL ADPT $165.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF S‐36 ADPT $299.95 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF SSS ADPT $349.95 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF ADPT $265.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF S‐36 ADPT $260.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF H30‐50‐45NHLH ADPT $315.00 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF 6596 ADPT $59.95 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF 40H25GG ADPT $75.90 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF H35‐15NH‐15NH ADPT $89.90 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF H35‐25NH‐15NH ADPT $63.90 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF H37‐15NHM‐15NH ADPT $75.90 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF H37‐25NHM‐25NH ADPT $79.90 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF H37‐15NHM‐25NH ADPT $12.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF HOME DEPOT HOME $50.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF HOME DEPOT HOME $0.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF LLFD HOME $0.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF LLFD HOME $1,750.00 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF HOME $0.00 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF LLFD HOME $0.00 L1‐ INTERIOR CAB LLFD HOME $0.00 L1‐ INTERIOR CAB LLFD HOME $0.00 L1‐ INTERIOR CAB LLFD HOME $0.00 L1‐ INTERIOR CAB LLFD HOME $0.00 L1‐ INTERIOR CAB LLFD HOME $165.00 L1‐ INTERIOR CAB LLFD HOME $0.00 L1‐ INTERIOR CAB LLFD HOME $0.00 L1‐ LADDER RACK LLFD HOME $0.00 L1‐ LADDER RACK LLFD HOME $0.00 L1‐ LADDER RACK LLFD HOME $0.00 L1‐ OFFICERS SIDE MIDDLE COMPARTMENT 2 LLFD HOME $0.00 L1‐ REAR COMPARTMENT UPPER LLFD HOME $495.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF HOSE $45.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF HOME DEPOT HOSE $595.00 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF KEY HOSE $145.00 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF KEY HOSE $1,056.75 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF HOSE $1,123.50 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF HOSE $1,119.95 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF HOSE $930.00 L1‐ REAR COMPARTMENT UPPER HOSE $3,105.99 L1‐ REAR OUTSIDE OF TRUCK HOSE $420.00 HOSE $183.75 HOSE $4,475.00 L1‐ REAR OUTSIDE OF TRUCK HOSE $4,000.00 L1‐ DRIVERS SIDE COMPARTMENT 2 HOSE $700.00 HOSE $700.00 HOSE $960.00 HOSE $2,113.50 HOSE $1,123.50 HOSE $1,600.00 L1‐ INTERIOR CAB MEDICAL $65.00 L1‐ INTERIOR CAB MEDICAL $65.00 L1‐ INTERIOR CAB MEDICAL $450.00 L1‐ INTERIOR CAB MEDICAL $0.00 L1‐ INTERIOR CAB LLFD MEDICAL $0.00 L1‐ INTERIOR CAB LLFD MEDICAL $0.00 L1‐ INTERIOR CAB LLFD MEDICAL $0.00 L1‐ INTERIOR CAB LLFD MEDICAL $6,500.00 L1‐ INTERIOR CAB RADIO $14,000.00 L1‐ INTERIOR CAB RADIO $3,400.00 L1‐ DRIVERS SIDE COMPARTMENT 3 SCBA $1,200.00 L1‐ DRIVERS SIDE COMPARTMENT 3 SCBA $8,750.00 L1‐ DRIVERS SIDE EXTERIOR SCBA $28,025.00 L1‐ INTERIOR CAB SCBA $1,940.00 L1‐ PASSENGER SIDE EXTERIOR SCBA $15.95 L1‐ DRIVERS SIDE COMPARTMENT 1 BOTTOM SHELF 4578 TOOL $277.50 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF WH76301A TOOL $19.00 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF HOME DEPOT TOOL $66.00 L1‐ DRIVERS SIDE COMPARTMENT 1 MIDDLE SHELF USW7501A TOOL $275.00 L1‐ DRIVERS SIDE COMPARTMENT 1 TOP SHELF TOOL $30.00 L1‐ DRIVERS SIDE COMPARTMENT 1 TOP SHELF HOME DEPOT TOOL $19.97 L1‐ DRIVERS SIDE COMPARTMENT 2 HOME DEPOT TOOL $89.99 L1‐ DRIVERS SIDE COMPARTMENT 2 HOME DEPOT TOOL $102.86 L1‐ DRIVERS SIDE COMPARTMENT 2 TOOL $151.42 L1 ‐ DRIVERS SIDE COMPARTMENT 2 TOOL $335.00 L1‐ DRIVERS SIDE COMPARTMENT 2 TOOL $86.99 L1‐ DRIVERS SIDE COMPARTMENT 2 TOOL $102.86 L1‐ DRIVERS SIDE COMPARTMENT 2 TOOL $107.99 TOOL $443.99 TOOL $191.13 L1‐ DRIVERS SIDE COMPARTMENT 2 TOOL $347.99 L1‐ DRIVERS SIDE COMPARTMENT 2 TOOL $464.97 L1‐ DRIVERS SIDE COMPARTMENT 3 TOOL $175.00 L1‐ DRIVERS SIDE COMPARTMENT 3 TOOL $900.00 L1‐ INTERIOR CAB TOOL $45.00 L1‐ INTERIOR CAB TOOL $1,990.00 L1‐ INTERIOR CAB TOOL $3,195.00 L1‐ INTERIOR CAB TOOL $250.00 L1‐ INTERIOR CAB TOOL $1,200.00 L1‐ INTERIOR CAB TOOL $125.00 L1‐ INTERIOR CAB TOOL $50.00 L1‐ INTERIOR CAB TOOL $125.00 L1‐ INTERIOR CAB TOOL $435.00 L1‐ INTERIOR CAB TOOL $300.00 L1‐ INTERIOR CAB TOOL $103.99 L1‐ LADDER RACK TOOL $25.00 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 TOOL $50.00 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 TOOL $50.00 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 TOOL $245.99 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 TOOL $70.00 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 HOME DEPOT TOOL $799.00 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 TOOL $700.00 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 HOME DEPOT TOOL $450.00 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 HOME DEPOT TOOL $350.00 L1‐ OFFICERS SIDE FRONT COMPARTMENT 3 HOME DEPOT TOOL $45.00 L1‐ OFFICERS SIDE MIDDLE COMPARTMENT 2 HOME DEPOT TOOL $279.90 L1‐ OFFICERS SIDE MIDDLE COMPARTMENT 2 TOOL $45.00 L1‐ OFFICERS SIDE MIDDLE COMPARTMENT 2 HOME DEPOT TOOL $4,200.00 L1‐ OFFICERS SIDE REAR COMPARTMENT 1 TOOL $1,494.00 L1‐ OFFICERS SIDE REAR COMPARTMENT 1 HOME DEPOT TOOL $90.00 L1‐ OFFICERS SIDE REAR COMPARTMENT 1 HOME DEPOT TOOL $500.00 L1‐ PASSENGER SIDE EXTERIOR TOOL $50.00 L1‐ REAR COMPARTMENT LOWER TOOL $183.59 L1‐ REAR COMPARTMENT LOWER TOOL $151.99 L1‐ REAR COMPARTMENT LOWER TOOL $79.99 TOOL $63.99 TOOL $115,565.34 Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to approve Change Order #1 for the Watermain Replacement Project (22-023). 2. Background. At the January 24th, 2022 council meeting Council authorized the design and engineer of a water main replacement project along CSAH 19 south of CSAH 15. Staff and Bolton and Menk prepared designs and solicited bids. The project was awarded in August 2022 and the majority of the work completed in November 2022. 3. Scope of Work. The project consists of the replacement of the water main the runs south along Shadywood Road (CSAH19) from Shoreline (CSAH15) to Maple Ridge Lane. 4. Cost. The cost of Change order #1 is $54,500. A summary of project costs is below. Who Work Cost Geislinger & Sons Construction- Award $901,016.00 Awarded Bolton and Menk Design $59,500 Approved as NTE Bolton and Menk Construction Management $54,500 Approved as NTE Geislinger & Sons Change Order 1 $73,919.36 TOTAL $1,088,935.36 5. Funding. Funding for the project will come from a combination of the water fund and ARP Funds received. Fund Amount Est. 2023 End of Year Fund Balance Water Fund $ 588,935.36 $102,642 ARP Funding $500,000 NA Total $1,088,935.36 6. Staff Recommendation. I recommend approval of the change Order. The work was required and the work was done. COUNCIL ACTION REQUESTED Move to approve Change order #1 to the Watermain Replacement Project (22-023). Exhibits A. Change Order. Item No.: 16 Date: January 9, 2023 Item Description: Watermain Replacement Project (22-023) - Change Order #1 Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda EJCDC® C-941, Change Order EJCDC® C-941, Change Order, Rev.1. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 1 of 2 CHANGE ORDER NO.: 1 Owner: City of Orono, MN Owner’s Project No.: Engineer: Samuel A. Ellison Engineer’s Project No.: 0C1.126638 Contractor: Geislinger & Sons Inc. Contractor’s Project No.: N/A Project: 2022 CSAH 19 Watermain - Phase 1 Contract Name: 2022 CSAH 19 Watermain – Phase 1 Date Issued: 1/9/2023 Effective Date of Change Order: 1/9/2023 The Contract is modified as follows upon execution of this Change Order: • Bituminous Pavement Patching– During construction it was identified that the existing pavement were thicker than the pavement section in the original design. The bituminous patch thickness was increased to match the existing pavement to ensure continuity and minimize future maintenance impacts. The pavement patching quantities were increased to account for the additional bituminous pavement material required. • Ductile Iron Fittings – The existing watermain crossings at multiple intersections throughout the corridor included additional bends than in the original design and as-built information. Additionally, ductile iron sleeves were needed to connect pipe bursting sections to open cut sections due to the existing soil conditions limiting the ability to shift and bend previously pipe bursted piping. • 10” Pipe Bursting – The location and length of the existing watermain system was found to differ than the original design resulting in an increase in overall pipe length associated with the 10” pipe bursting bid item. Detailed Cost Breakdown: ITEM NO. ITEM UNIT UNIT PRICE EST. QUANTITY Total 45 BITUMINOUS DRIVEWAY PATCH SQ YD $77.00 188 $14,476.00 46 BITUMINOUS CITY STREET PATCH SQ YD $118.00 276.52 $32,629.36 47 10" PIPE BURST FUSIBLE PVC/HDPE WM (6", 8", & 10" EXISTING WM) LIN FT $150.00 69 $10,350.00 48 DUCTILE IRON FITTINGS POUNDS $12.00 1372 $16,464.00 Total $73,919.36 Attachments: N/A Change in Contract Price Change in Contract Times Original Contract Price: Original Contract Times: Substantial Completion: 10/31/2022 $ 901,016.00 Ready for final payment: 11/25/2022 EJCDC® C-941, Change Order EJCDC® C-941, Change Order, Rev.1. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 2 of 2 Increase from previously approved Change Orders No. 1 to No. N/A Increase from previously approved Change Orders No.1 to No. N/A: Substantial Completion: N/A $ N/A Ready for final payment: N/A Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: 10/31/2022 $ 901,016.00 Ready for final payment: 11/25/2022 Increase this Change Order: Increase this Change Order: Substantial Completion: N/A $ 73,919.36 Ready for final payment: N/A Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: 10/31/2022 $ 974,935.36 Ready for final payment: 11/25/2022 Recommended by Engineer Accepted by Contractor By: Title: Project Engineer Vice President Date: Authorized by Owner Approved by Funding Agency (if applicable) By: N/A Title: City Administrator/City Engineer N/A Date: N/A AGENDA ITEM Prepared By: LO Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain council approval to amend the Stormwater Maintenance Agreement for Shoreline Estates 2. Background. The applicant has proposed to amend the current Stormwater plan for the Shoreline Estates development to convert part of the Stormwater pond to an underground storage facility. This requires an amendment to the current Stormwater maintenance plan which includes inspection, maintenance and design standards. The proposed plans have been submitted and approved by the City Engineer. 3. Staff Recommendation. I recommend approval of the Amended Stormwater Maintenance Agreement. COUNCIL ACTION REQUESTED: Adopt to attach the Amended Stormwater Maintenance Agreement. Exhibits A. Amended Stormwater Maintenance Agreement. Item No.: 17 Date: January 09, 2023 Item Description: Shoreline Estates (LA21-000055) - Stormwater Maintenance Agreement Amendment Presenter: Laura Oakden Community Development Director Agenda Section: Consent Agenda (reserved for recording information) DECLARATION AND EASEMENT FOR STORMWATER MAINTENANCE THIS DECLARATION AND EASEMENT (Declaration) is made this ___ day of _____ , 202_, by and Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018, (Declarant) in favor of the City of Orono (City), a Minnesota municipal corporation. RECITALS WHEREAS Declarant owns real property within the City of Orono, Hennepin County, Minnesota, platted and legally described as: Lots 1, 2, 3, 4, 5, and 6, Block 1, and Outlots A, B, C, and D, Shoreline Estates. (the Property) and no one other than Declarant has any right, title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit #20-400 applies; and WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions imposed by the Minnehaha Creek Watershed District ( the "MCWD") as a condition to issuance of Permit #20-400 for the mutual benefit of the MCWD and the owners of the Property; and WHEREAS the Declarant intends to construct Stormwater Facilities on the Property that are subject to the requirements set forth in City of Orono City Code and the City's MS4 (Municipal Separate Storm Sewer System) Stormwater Pollution Prevention Program; and NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or 278483 acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives and assigns. All features requiring maintenance identified on the scaled site plan for the Property attached hereto and incorporated herein as Attachment A (the "Plan") will be maintained in perpetuity in accordance with as follows: 1. WETLAND BUFFER AREAS a. Buffer vegetation will not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality, each as approved by MCWD staff in writing. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. No new structure or hard surface will be placed within a buffer, except that construction of a trail or path of no more than 4 feet in width to provide riparian access through the buffer is acceptable. No fill, debris or other material will be excavated from or placed within a buffer. b. Permanent wetland buffer monuments will be maintained in the locations shown on the approved site plan. Language shall indicate the purpose of the buffer, restrictions, and the name and phone number of the Minnehaha Creek Watershed District. 2. WATERBODY CROSSINGS & STRUCTURES a. Crossings and structures in contact with the bed or bank of a waterbody will be inspected at least once every 5 years and maintained in good repair in perpetuity to ensure continuing adequate hydraulic and navigational capacity is retained in accordance with approved plans, to ensure no net increase in the flood stage beyond that achieved by the approved plans, to prevent adverse effects on water quality, changes to the existing flowline/gradient and increased scour, erosion or sedimentation, and to minimize the potential for obstruction of the waterbody. 3. STORMWATERFACILITIES a. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins depicted on the Plan ("Stormwater Facilities") will be inspected once every 5 years to ensure drawdown rates and live storage capacity are consistent with design rates and storage volumes. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. b.Scope of Inspection. The inspection shall cover, without limitation, the entire stormwater runoff management facilities, including access roads and buffers. Deficiencies shall be noted in an inspection report prepared by the City (the "Inspection Report"). A stormwater runoff management facility will be considered inadequate if it is not compliant with all requirements of the Plan and City storm water maintenance standards. c.Reporting. The Declarant will submit to the MCWD and to the City once every 5 years a brief written report that describes storm water facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. The Declarant shall be responsible for providing a letter to the City Engineer, by August 1st of those years ending in either 5 or 0, stating that inspection and maintenance have been completed. The Declarant shall be responsible for the payment of any associated costs. d.City Access and Maintenance Rights. The Declarant hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater runoff management facilities whenever the City deems necessary. The City shall provide the Declarant, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. e.Failure to Maintain. In the event the Declarant, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Declarant written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City's costs to the Declarant's property taxes of such repairs, to the Declarant, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Declarant outside of the portions shown on the Plan as Stormwater Facilities ("Easement Area"). It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Declarant agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Declarant expressly agrees to defend and hold the City harmless from any such third-party claim. f.Underground Storage Facilities. Underground storage facilities will be inspected at least annually to ensure continuing performance per design. Capacity will be considered inadequate if sediment has decreased the storage volume by 50 percent of the original design volume. Accumulated debris and sediment will be removed, and inlet and outlet structures will be kept clear of any flow impediments. b. The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. 5. REIMBURSEMENT OF COSTS The Declarant agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 6. INDEMNIFICATION. This Agreement imposes no liability of any kind whatsoever on the City. The Declarant hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Declarant or the Declarant's agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Declarant to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Declarant shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Declarant's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 7. RECORDING, BINDING EFFECT. This Agreement is a personal obligation of Declarant for so long as Declarant owns fee title to the Property and shall be binding upon the executors, administrators, successors, heirs and assigns of Declarant with respect to Declarant's obligations and liabilities under this Agreement that relate to the period of its ownership. This Agreement shall be recorded against the title to the Property and shall run with the land and be binding upon each owner of fee title to the Property with respect to the period of its ownership. Upon the conveyance of fee title to the Subject Property, the transferor will have no further obligations or liabilities under this Agreement that relate to any time after the conveyance, and the new owner will, by accepting title to the Property, become bound by this Agreement with respect to all obligations and liabilities of the "Declarant" that relate to any time after the conveyance, for as long as the new owner owns fee title to the Property. Both the Declarant and a subsequent property owner are liable to the MCWD and the City for performance under this Declaration, and the MCWD and/or the City may seek any remedy in law or equity against the Declarant as long as the Declarant owns the Property, and thereafter against a subsequent property owner to enforce this Declaration. 4. GRANT OF EASEMENT a. Declarant hereby grants to the City, its successors and assigns, a permanent non- exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement Area. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. ST A TE OF ) DECLARANT: Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018 Mark Jacobs, Trustee COUNTY OF ) foregoing instrument was acknowledged before me this day of -____________________________202__, by Mark Jacobs, as Trustee for the Irwin L. Jacobs 2018 Irrevocable Agreement dated as of April 30, 2018. Notary Pulic BY: __ Trisha Blake, Trustee STATE OF ) COUNTY OF ) Th e foregoing instrument was acknowledged before me this day of -' 202__, by Trisha Blake, as Trustee for the Irwin L. Jacobs 2018 Irrevocable Tru t Agreement dated as of April 30, 2018. Notary Pulic CITY OF ORONO By: _ Mayor Dennis Walsh (SEAL) By: _ Adam Edwards, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ______ , 202_, by Dennis Walsh and by Adam Edwards, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, #290 Eagan, Minnesota 5 5121 Telephone: ( 651) 452-5000 SNC AGENDA ITEM Prepared By: cf Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to gain approval to accept a donation to the City. 2. Background. The Crime Prevention fund is a registered 501(c)(3) charitable nonprofit organization. The Crime Prevention Fund works hard to fund educational events and programs designed to inform people about safety & preparedness, school programs taught by police officers to include DARE, Supports the Orono PD Explorer program and safety messages for youth and seniors. The Crime Prevention Fund primarily works through local law enforcement. Our current agencies are; the Minnetrista Public Safety Department serving the cities of Minnetrista and St. Bonifacius, and the Orono Police Department serving the cities of Orono, Spring Park, Minnetonka Beach, and Mound. 3. Donation Received. The Crime Prevention Fund has donated $1284.00 toward the purchase of a Peloton and dumbbells and a rack storage rack for the PD fitness room. Donor Donation Description Donation Value Donation Purpose Crime Prevention Fund Peloton Bike $1284 Officer Fitness and Wellbeing Dumbbells and rack Officer Fitness and Wellbeing 4. Staff Recommendation. I recommend the city accept the generous donation from $1284.00 and the dumbbells and rack. COUNCIL ACTION REQUESTED Motion to approve Resolution No. 7332 Item No.: 18 Date: January 9, 2023 Item Description: Approval to Accept Donation – Crime Prevention Fund – Resolution No. 7332 Presenter: Correy Farniok Police Chief Agenda Section: Presentation CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7332 RESOLUTION ACCEPTING DONATION WHEREAS, Crime Prevention Fund wishes to make a donation to the City of Orono (“City”) in the amount of $1284.00 toward the purchase of a Peloton bike and other workout equipment to include dumbbells and a rack for the Police Department Fitness room ; and WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and [WHEREAS, the City agrees to perform the conditions on the donation, if any; and] WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1.The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2.The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 9th day of January, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: cf Reviewed By:A. Carlson Approved By: 1.Purpose. The purpose of this action item is to gain approval to accept a donation to the City. 2.Background. The Crime Prevention fund is a registered 501(c)(3) charitable nonprofit organization. The Crime Prevention Fund works hard to fund educational events and programs designed to inform people about safety & preparedness, school programs taught by police officers to include DARE, Supports the Orono PD Explorer program and safety messages for youth and seniors. The Crime Prevention Fund primarily works through local law enforcement. Our current agencies are; the Minnetrista Public Safety Department serving the cities of Minnetrista and St. Bonifacius, and the Orono Police Department serving the cities of Orono, Spring Park, Minnetonka Beach, and Mound. The Orono Police Department has piloted a trial program for License Plate Reader Cameras. These camera has been a valuable tool for the police department in recover three stolen vehicles during its 30 day test period. 3.Donation Received. The Crime Prevention Fund has donated $5700.00 to cover the cost of the installation of two cameras and the lease for the first year. Donor Donation Description Donation Value Donation Purpose Crime Prevention Fund First Year Lease of Cameras $5700.00 Crime Prevention Tool 4. Staff Recommendation. I recommend the city accept the generous donation of $5700.00 from the Crime Prevention Fund. COUNCIL ACTION REQUESTED Motion to approve Resolution No. 7333 Item No.: 19 Date: January 9, 2023 Item Description: Approval to Accept Donation – Crime Prevention Fund – Resolution No. 7333 Presenter: Correy Farniok Police Chief Agenda Section: Presentation 223250v2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7333 RESOLUTION ACCEPTING DONATION WHEREAS, The Crime Prevention Fund wishes to make a donation to the City of Orono (“City”) in the amount of $5,700.00 for License Plate Reader Camera to be used as a crime prevention tool; and WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and [WHEREAS, the City agrees to perform the conditions on the donation, if any; and] WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1.The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2.The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 9th day of January, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Its Mayor ATTEST: ______________________________ Its City Clerk AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances to expand the existing home in a nonconforming location. 2. MN§15.99 Application Deadline. The application was received on October 19, and considered to be complete on October 27th. The 60-Day review period has been extended and expires on February 24, 2023. 3. Background/ Summary. The existing home on the property is situated 20 feet from the OHWL, almost entirely within the 75-foot setback; most of home is also within the average lakeshore setback. The deck is cantilevered 7-feet over the lake. 4. Variance Description. The applicant has requested 75-foot lake setback, average lakeshore setback, and hardcover variances in order to conduct a major home renovation including additions to the footprint and creation of a second floor. Responding to Staff and Planning Commission feedback, the applicant revised their plan to remove footprint expansions and reduce hardcover proposed within the 75-foot setback (Exhibit A). The footprint expansions are shown in yellow on the inset image. A revised hardcover level of 7,380 square feet (32.6%) is proposed; reflecting a reduction of 51 square feet from the previous proposal and 275 square feet from the existing condition (existing 33.9%). Additionally, the proposed 2nd story has been pulled back from the lake approximately 12 feet, reducing the encroaching mass. 5. Planning Commission Vote and Comment. On November 21st, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 3 to 1 on a motion to deny the requested variances as applied. Commissioner Kraemer dissented, indicating his support for the project. The draft minutes are attached as Exhibit E. 6. Public Comment. No comments from the neighbors were received. Item No.: 20 Date: January 9, 2023 Item Description: LA22-000055 – Eskuche Design o/b/o Travis & Sara Wildenberg, 3838 Cherry Avenue, Variances Presenter: Melanie Curtis Planner Agenda Section: Community Development AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 7. Staff Recommendation. The applicant’s plan to recapture the existing footprint results in limited legal areas for additions or expansions. The revised plan is an improvement over the previously proposed plan and provides a reduction in overall hardcover. The footprint expansions have been removed from the 75-foot setback and the 2nd story was reduced to minimize the impact of the massing on the lakeside. Staff finds the revised plans to be an improvement from the initial proposal and changes the staff recommendation to approval of the variances according to the revised plans. COUNCIL ACTION REQUESTED Direct staff to draft a resolution reflecting Council’s decision. Exhibits A. Proposed Plans & Survey – Revised B. Hardcover Calculations – Revised C. Applicant’s Narrative – Revised D. Original Plans & Hardcover E. Draft PC Minutes 11/21/2022 F. PC Staff Report 11/21/2022 References PC Exhibits 11/21/2022 A. Application B. Practical Difficulties Documentation Form C. Proposed Survey D. Proposed Plans and Elevations E. Staff Annotated Proposed Survey F. Staff Annotated Proposed Plans G. Submitted Hardcover Calculations H. Aerial Photos I. Property Owners List & Acknowledgement Form J. Plat Map Lake MinnetonkaCherry Lane# 42379LICENSE NO.Thomas M. BloomDATES1OCTOBER 27, 2022Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.CLIENT NAME / JOB ADDRESSSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200222063 JRDRAWING NUMBERDATE DRAFTED:DATE SURVEYED:SEPTEMBER 14, 2022OCTOBER 27, 2022LEGENDSHEET SIZE17 X 22SCALE - 1" = 20'LEGAL DESCRIPTION:Lots 8 and 9, Block 3, CRYSTAL BAY VIEW, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listedabove. The scope of our services does not include determining what you own,which is a legal matter. Please check the legal description with your records orconsult with competent legal counsel, if necessary, to make sure that it is correctand that any matters of record, such as easements, that you wish to be included onthe survey have been shown.2. Showing the location of observed existing improvements we deem necessary for thesurvey.3. Setting survey markers or verifying existing survey markers to establish the cornersof the property.4. This survey has been completed without the benefit of a current title commitment.There may be existing easements or other encumbrances that would be revealed bya current title commitment. Therefore, this survey does not purport to show anyeasements or encumbrances other than the ones shown hereon.5. Note that all building dimensions and building tie dimensions to the property lines,are taken from the siding and or stucco of the building.6. Showing and tabulating impervious surface coverage of the lot for your review andfor the review of such governmental agencies that may have jurisdiction over theserequirements to verify they are correctly shown before proceeding withconstruction.7. Showing elevations on the site at selected locations to give some indication of thetopography of the site. We have also provided a benchmark for your use indetermining elevations for construction on this site. The elevations shown relateonly to the benchmark provided on this survey. Use that benchmark and check atleast one other feature shown on the survey when determining other elevations foruse on this site or before beginning construction.8. While we show a proposed location for this home or addition, we are not as familiarwith your proposed plans as you, your architect, or the builder are. Review ourproposed location of the improvements and proposed yard grades carefully to verifythat they match your plans before construction begins. Also, we are not as familiarwith local codes and minimum requirements as the local building and zoningofficials in this community are. Be sure to show this survey to said officials, or anyother officials that may have jurisdiction over the proposed improvements andobtain their approvals before beginning construction or planning improvements tothe property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.REVISION, LLC3838 CHERRY LANEORONO, MN 32.7933.5933.0939.1939.5938.8935.0934.8938.5939.5939.6939.9940.3939.5939.2939.9940.1940.6941.1941.7938.2935.5935.7935.8939.8938.9930.9936.2937.5937.9936.6935.8935.5935.2934.8933.5932.5932.6934.9935.4936.0936.1936.3938.3938.4937.1936.8936.8936.5936.1935.1932.8933.5935.8936.9937.6937.4937.7937.8938.2938.3938.6938.3938.0938.2938.4938.2937.7936.0936.9938.1938.7938.6938.2938.2938.8939.5939.1939.4939.1937.8936.5937.4938.6939.7940.1939.7939.9939.9939.4939.1940.2940.4941.2942.1941.6942.2942.6941.8942.1940.7940.8939.8928.8929.4939.5939.6939.8939.5939.7938.6939.2939.1933.7931.5928.8931.0929.4931.2929.2931.0929.2935.4935.3934.2933.6937.6937.9937.8937.6938.5934.3935.0939.1939.0939.0941.4941.8928.9929.9930.1928.9928.7930.9936.7938.6938.2935.7935.8937.5938.1939.0936.1938.0937.5935.8937.6935.5928.7928.1928.1928.1927.9928.0928.1928.0928.3928.3932.5937.1939.3939.0939.2938.8938.2940.1939.3939.3940.1938.9929.4929.4--195.00--N 04°16'58" E27.046±--99.88--S 82°34'32" E15.8412±--200.11--N 04°13'43" E--99.94--S 86°04'25" E0.616.330.58.110.61.330.026.531.822.93.01.07.526.91.01.933.725.11.424.9Threshold atdoor 940.8GarageFloor938.8WallStoneStoneD e c kEdge of waterOHWLWallWallsEdge of bit. roadDeckRet.WallsRet.WallsNote:Dilapidated terracingand walls alongshoreline.Existing DwellingExisting DwellingExisting DwellingBenchmark:Top of MH 935.3Found capped ironFound 1/2"Found capped ironFound capped iron13.413.610.610.6132.18.29.560.123.4942942 941941940940940939939939939938938938938937 937936936935935935935934934933933930930929929929928928Lake MinnetonkaCherry LaneLot 9Lot 8EXISTING PLANTER RET. WALLS TO REMAIN EXISTING PLANTER RET. WALLS TO BE REMOVED EXISTING PLANTER & RET. WALLS TO BE REMOVED EXISTING DECK TO REMAIN EXISTING STAIRS TO REMAIN EXISTING FRONT WALK & RET. WALL TO BE REMOVED EXISTING PAVING TO BE REPAIRED THIS SECTION OF RET. WALL TO BE REMOVED EXISTING CONCRETE PAD TO REMAIN EXISTING CONCRETE PAD TO BE REMOVED EXISTING RET. WALLS TO REMAIN EXISTING RET. WALLS TO REMAIN OHWL AVERAGE LAKESHORE SETBACK 75' REMOVE ALL PAVING WITHIN RET. WALL AREA AND RESTORE TO NATURAL PLANTINGS EXISTINGGARAGE EXISTING PAVING TO BE REMOVED 7060504030802010NWES30'35'40' GRAPHIC SCALE 10'0'5'15'20'25'SUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISEEXISTING TO BE REMOVED & RE-PURPOSED EXISTING TO BE REMOVED EXISTING TO REMAIN HARDCOVER KEY DEMOLITION SITE PLAN SHEET A1 VARIANCE SET 27 OCTOBER 2022 REVISED 23 NOVEMBER 2022 19 DECEMBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 32.7933.5933.0939.1939.5938.8935.0934.8938.5939.5939.6939.9940.3939.5939.2939.9940.1940.6941.1941.7938.2935.5935.7935.8939.8938.9930.9936.2937.5937.9936.6935.8935.5935.2934.8933.5932.5932.6934.9935.4936.0936.1936.3938.3938.4937.1936.8936.8936.5936.1935.1932.8933.5935.8936.9937.6937.4937.7937.8938.2938.3938.6938.3938.0938.2938.4938.2937.7936.0936.9938.1938.7938.6938.2938.2938.8939.5939.1939.4939.1937.8936.5937.4938.6939.7940.1939.7939.9939.9939.4939.1940.2940.4941.2942.1941.6942.2942.6941.8942.1940.7940.8939.8928.8929.4939.5939.6939.8939.5939.7938.6939.2939.1933.7931.5928.8931.0929.4931.2929.2931.0929.2935.4935.3934.2933.6937.6937.9937.8937.6938.5934.3935.0939.1939.0939.0941.4941.8928.9929.9930.1928.9928.7930.9936.7938.6938.2935.7935.8937.5938.1939.0936.1938.0937.5935.8937.6935.5928.7928.1928.1928.1927.9928.0928.1928.0928.3928.3932.5937.1939.3939.0939.2938.8938.2940.1939.3939.3940.1938.9929.4929.4--195.00--N 04°16'58" E27.046±--99.88--S 82°34'32" E15.8412±--200.11--N 04°13'43" E--99.94--S 86°04'25" E0.616.330.58.110.61.330.026.531.822.93.01.07.526.91.01.933.725.11.424.9Threshold atdoor 940.8GarageFloor938.8WallStoneStoneD e c kEdge of waterOHWLWallWallsEdge of bit. roadDeckRet.WallsRet.WallsNote:Dilapidated terracingand walls alongshoreline.Existing DwellingExisting DwellingExisting DwellingBenchmark:Top of MH 935.3Found capped ironFound 1/2"Found capped ironFound capped iron13.413.610.610.6132.18.29.560.123.4942942 941941940940940939939939939938938938938937 937936936935935935935934934933933930930929929929928928Lake MinnetonkaCherry LaneLot 9Lot 8104'-9"PROPOSED FRONT SETBACK13'-4"EXISTING SETBACKPROPOSED FRONT WALK PROPOSED STAIR ADDITION EXISTING PLANTER RET. WALLS TO REMAIN PROPOSED COVERED STOOP EXISTING DECK TO REMAIN EXISTING STAIRS TO REMAIN EXISTING CONCRETE PAD TO REMAIN PROPOSED CONCRETE PAD FOR A/C UNIT EXISTING RET. WALLS TO REMAIN EXISTING RET. WALLS TO REMAIN OHWL AVERAGE LAKESHORE SETBACK 75' EXISTING PAVING TO BE REPAIRED PROPOSED STEPS TO LAKE ENTRY PROPOSEDGARAGEADDITIONON EXISTINGFRONT DRIVE EXISTINGGARAGE RE-PAVE EXISTING FRONT DRIVE 7060504030802010NWES30'35'40' GRAPHIC SCALE 10'0'5'15'20'25'SUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISEPROPOSED ADDITIONAL HARDCOVER PROPOSED RE-PURPOSED HARDCOVER EXISTING TO REMAIN HARDCOVER KEY PROPOSED SITE PLAN SHEET A2 VARIANCE SET 27 OCTOBER 2022 REVISED 23 NOVEMBER 2022 19 DECEMBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' 103 001 6'-8" 2'-8" 8'-0" 18'-0"8'-0"5'-4"6'-8" 3'-0"6'-8"3'-0"6'-8" 4'-0"6'-8"2'-8"7'-0"2'-8"6'-8" 3'-0" 6'-8" 3'-0"6'-8"2'-8"7'-0"2'-8"6'-8" 2'-8" 7'-0" 2'-6" 6'-8" 3'-0" 6'-8" 2'-8" 6'-8" 3'-0" TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 4,071 FINISHED + 962 GARAGE + 1,375 TERRACE + 370 COVERED OUTDOOR MAIN LEVEL FLOOR PLAN PROPOSED 103 6'-6"9'-0"27'-6" PROPOSED STAIRS ADDITION PROPOSED STEPPERSTO LAKE ENTRY EXISTINGGARAGE PROPOSEDGARAGE ADDITIONON EXISTING DRIVE EXISTINGHOUSE EXISTING DECK SHEET A3 VARIANCE SET 27 OCTOBER 2022 REVISED 23 NOVEMBER 2022 19 DECEMBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' 001 6'-8"2'-8"6'-8"2'-8"6'-8"2'-8"6'-8"2'-8"6'-8"2'-8"TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 4,071 FINISHED + 962 GARAGE + 1,375 TERRACE + 370 COVERED OUTDOOR UPPER LEVEL FLOOR PLAN PROPOSED 7'-0" 2'-6" 7'-0" 2'-6"7'-0"2'-6"7'-0"2'-6"7'-0" 2'-6"7'-0"2'-6"6'-8"2'-8"7'-0"2'-6"6'-8"2'-8"7'-0" 2'-6" SHEET A4 VARIANCE SET 27 OCTOBER 2022 REVISED 23 NOVEMBER 2022 19 DECEMBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4"24'-10" BUILDING HEIGHT< 30'-0" MAX.30'-0"HIGHEST EXISTING GRADE 940.0' REFERENCE LINE (30' ABOVE HIGHEST) ROOF DEFINED (TOP OF CORNICE) SOUTH ELEVATION (EXISTING) SOUTH ELEVATION (PROPOSED) EXISTING SOUTH FACADE PROPOSED SOUTH FACADE PROPOSED SOUTH FACADE REMOVE AND SAVE BRICK VENEER REMOVE EXTERIOR SOFFITS TO ALLOW FOR NEW CONSTRUCTION EXISTING GARDEN WALLS TO REMAIN, REPLACE BRICK W/ STONE VENEER RE-USE EXISTING BRICK AT NEW BRICK APRON LOCATIONS SHEET A5 VARIANCE SET 27 OCTOBER 2022 REVISED 23 NOVEMBER 2022 19 DECEMBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 WEST ELEVATION (EXISTING) WEST ELEVATION (PROPOSED) EXISTING WEST FACADE PROPOSED WEST FACADE MAINTAIN EXISTING RAILING & DECKS SHEET A6 VARIANCE SET 27 OCTOBER 2022 REVISED 23 NOVEMBER 2022 19 DECEMBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" NORTH ELEVATION (EXISTING) NORTH ELEVATION (PROPOSED) EXISTING NORTH FACADE FROM LAKE PROPOSED NORTH FACADE FROM LAKE ADD NEW STONE VENEER OVER EXISTING CMU REPAIR EXISTING STAIRS EXISTING OUTDOOR STORAGE TO REMAIN SHEET A7 VARIANCE SET 27 OCTOBER 2022 REVISED 23 NOVEMBER 2022 19 DECEMBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" EAST ELEVATION (EXISTING) EAST ELEVATION (PROPOSED) PROPOSED EAST FACADE EXISTING EAST FACADE SHEET A8 VARIANCE SET 27 OCTOBER 2022 REVISED 23 NOVEMBER 2022 19 DECEMBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364                                                                       City of Orono                           Hardcover  Calculation  Worksheet                 Property Address:  38389 Cherry Lane (our survey 221599 TB)                 Prepared by:  Thomas M. Bloom P.L.S. No. 42379 Date: 12/15/2022 Stormwater Quality Overlay District Tier:  (Circle one)Tier 1 Tier 2 Tier 3   Tier 4 Tier 5 Step 1:  EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form).  Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to  Survey Hardcover Item (Describe)        Length x Width Total (Square Feet) (Example)(Garage)   (24' x 30') (720) S.F. A House 3,427 S.F. B Concrete Drive 2574 S.F. C Deck North 575 S.F. D Deck South 110 S.F. E Stone Areas 329 S.F. F Concrete 271 S.F. G Ret. Walls 257 S.F. H Landscape with plastic 469 S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1)  Total Existing Hardcover 8,012 S.F. Excludable Hardcover (See City Code Sec 78‐1684) Ret. Walls 257 S.F. Decks with 1/4" spacing (Width needs to be verified) 100 S.F. S.F. S.F. S.F.    (2)   Total Excludable Hardcover 357 S.F.    (3)  Net Existing Hardcover 7,655 S.F.    (4)   Total Lot Area 22,592 S.F. Existing Hardcover Percentage [(3) / (4)]33.88% ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional land surveyor under the  laws of the State of Minnesota. Thomas M. Bloom Thomas M. Bloom P.L.S. No. 42379 Step 2:  PROPOSED HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form).  Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to  Survey Hardcover Item (Describe)        Length x Width Total (Square Feet) (Example)(Garage)   (24' x 30') (720) S.F. A House 4,209 S.F. B Concrete Drive 1860 S.F. C Deck North 575 S.F. D Covered Stoop 134 S.F. E Stone Areas 113 S.F. F Concrete 213 S.F. G Lake Side Stepper Stones 80 S.F. H Ret. Walls 174 S.F. I Front Paver Walk 296 S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1)  Total Proposed Hardcover 7,654 S.F. Excludable Hardcover (See City Code Sec 78‐1684) Ret. Walls 174 S.F. Decks with 1/4" spacing (Width needs to be verified) 100 S.F. S.F. S.F. S.F.    (2)   Total Excludable Hardcover 274 S.F.    (3)  Net Proposed Hardcover [Subtract line (2) from line (1)] 7,380 S.F.    (4)   Total Lot Area 22,592 S.F. Proposed Hardcover Percentage [(3) / (4)]32.67% 3838 Cherry Ave Road. Variance Application Request (12/27 JD Edits) Mayor and Council Members, We appreciate the feedback and dialogue that occurred at the Planning Commission meeting on November 21, 2022 and we are eager to share a design that has been amended to reflect that dialogue. The revised plans and request are an update to the response received by the Planning Commission. Since that meeting we have made the following changes to the proposed plans. All additions inside the average lakeside setback that encroached outside of the existing structure have since been removed on the Main Level. We are only seeking additions behind the average lakeshore setback - an addition for a stairwell and to extend the garage towards the street. In response to comments about the second floor additions, we revised the plans to reduce the height of the stair-well addition and chimneys. We have also reduced the size of the second floor and moved the addition away from the lakeside of the property. This mitigates obstructions to the neighbors’ views which we included scaled renderings to illustrate. We believe this design best reflects a proposal that is reasonable given the unique conditions of the existing structure and considerate of its impact to the neighborhood and to Lake Minnetonka. Description of Request: 1. Request of lakeside setback and hardcover. Background/ Current Condition: We are seeking to renovate the existing residential home structure at 3838 Cherry Ave. The original structure was built in the 1970s and is a legally nonconforming structure on the lakeshore setback. The proposed design changes the shape of the structure which triggers a variance request due to the existing location of the structure on the property. We are seeking to preserve this structure and make improvements through a renovation in the design, layout, and maintain the architectural interest of the home. We have been walking past 3838 Cherry Ave since we moved into our current home nearby in 2015. We were drawn to the unique architecture and the location on the lot as well as the fact that it is on a dead-end street which would be perfect for raising our three children. It also happens to be just down the street from several of our children's friends in a neighborhood that we have desired to live in and located in the Mound Westonka School District which we have become engaged in with our children. There is a wonderful front yard space to allow for many activities with our kids as well. We have worked over the past two years (2020 to 2022) to acquire and purchase the home from the previous Owner. The home has not been in full occupancy for the past seven years and has had a lot of unfinished work performed, neglect to structure with maintenance and repairs, and neglect to the landscape of the property leaving it an eye sore for the adjoining neighbors. Most notably, the home has had significant roofing issues causing water infiltration that was neglected over that time. As new owners we are committed to making improvements to both the structure and the landscaping of the home. We are seeking to make improvements to the property as well as expand the existing structure or the home to work for our growing family. Over the past months we have explored multiple options for the design and layout of this home. Our goals are to try and seek a solution to renovate the existing structure and expand the structure to gain the needed space for Bedrooms. We have worked with the goals to meet the constraints from the zoning requirements and the goal to be considerate of the impact to our adjoining neighbors. We also found that a restoration of the existing home would have less impact to the property, neighbors, and the lake relative to a full tear down and rebuild, which would change existing soil conditions, grading, and runoff that have been established for the past 50 years and being close to the lakeshore. Our goal was to provide minimal impact. The structure of the home is one of the more unique structures on the lake in Orono. It is unique that it is currently 23.4 ft from the OHW with a deck structure that cantilevers out over the shoreline. Because the house is deep into the property, the current hardcover of the property is 33.88% which is mostly related to a long driveway connecting the home to the street. The current house is a single-story rambler with no basement (only crawlspace) because of the location in proximity to the water.. With the options at hand to add Bedroom spaces, we explored a handful of design considerations. Almost any alteration considered would trigger a variance due to the legal non-conformity. We wanted to explore and design around what would have the least impact on the adjoining neighbors and the lakeshore. Action for Request: A. Lakeside Yard Setback The current structure of the foundation of the home is 23.4 ft from the OHW. The deck structure is currently -4.5 ft from the OHW. We are seeking to extend the garage down the driveway, and stairwell on the street side of the house. Both of these additions are behind the Average Lakeshore set back line and are on the street side of the house. We are also requesting to add a 2nd level over the current and new Garage space for childrens Bedrooms and a Family Room over the middle part of the house on this level. The Family Room will be as we are unable to accommodate in a Basement space. We adjusted this plan after Planning Commission comments and hearing their concerns about our initial plan by moving the chimney which expanded the footprint closer to the lake, removed a covered lakeside entry on the west side of the home and scaled back the size of the addition over the middle section of the home to decrease additional lakeside massing and move it further away from the lake. We are seeking to expand the massing of the current with the 2nd story structure at 33.5 ft off of the OHW with a 2 nd floor addition over the Main level. The addition is designed over the middle of the home and expands towards the street over the existing garage. The addition of the 2 nd floor allows for the use of Secondary Bedrooms and a Family Room space that would be typically planned in the Lower level. The change in massing of the structure and the intent of the design was to keep the addition in the middle of the property and structure as much as possible so that it had minimal impact to the neighboring property owners' sight lines. The structure has also been designed with a flat roof to minimize the impact to the overall massing. This home with a pitched roof as a single story would have similar perceived massing elements. There are no neighbors to the South of this home and as such no impact to neighbor views. This structure has been designed with a flat roof. This allows a reduction in the massing of the space which would otherwise be a pitched roof that would be typically at it’s peak over the middle of the structure. Impervious Surface Coverage Variance Request: The current property has a hardcover of 33.88%. We are requesting for a variance of a proposed hardcover of 32.67% by reducing from the current by 1%. We are proposing to bring the property closer to meet the zoning requirements. This proposed property is legally non conforming, and we have designed areas to reduce hardcover with narrow walkways and removal of existing hardcover to minimize the overall impact. The long driveway into the property and sidewalk to the front door create a practical difficulty of the property to meet the zoning standards to comply with the hardcover requirements. We also analyzed in the design process the option to expand the footprint of the home on the main level towards the street side for the bedroom expansion. This would be an option to work within the buildable footprint of the lot but would have dramatically increased the hardcover calculations. By expanding over the existing structure with the 2 nd floor we have worked to minimize the impact of hardcover on the property and impact to the lake. Questionnaire of Practical Difficulties : 1. The variance is in harmony with the general intent and purpose of the ordinance – The home will continue the use of a residential use. We will be using this property as our family home. (Three children; Will 7yr, Sam 5yr, Paige 3yr) 2. The variance is consistent with the comprehensive plan – The variance request is repurposing the hardcover and reducing the current percentage of impervious surface and improving access to the lake. We also plan to improve the current shoreline to be consistent with DNR recommendations as currently the lakeshore is in poor condition. We also are seeking to renovate a 2-story home with flat roofs to minimize impact to the overall massing. 3. the applicant establishes there are practical difficulties - The property owner proposes to use the property in a reasonable manner not permitted by the official controls – YES, we plan to raise our family in this home and contribute to our community and local school district. - There are circumstances unique to the property not created by the landowner – YES, The location of the footprint on the structure built in 1970s was allowed to be built in an area that is close to the OHW. This house also does not have a lower level and only consist of a one-story structure that requires variance to expand in any matter of massing or expansion with a new footprint. This is a unique circumstance for the city of Orono and not consistent with other surrounding properties in the area. The home has been vacant for many years and has been a challenge to work with for all the previous Owners. The updates/remodel we proposed will improve both the function and the aesthetic of the home significantly without imposing on our neighbors. We have discussed and reviewed the plans with our adjacent neighbors who support the design. - The special conditions applying to the structure or land in question are peculiar to such property: YES, this is one of the most unique existing structures in the city. We are looking to have support in our design and the project to create a home that we can enjoy and raise our family. We are not looking to set a precedent with this request and understand the uniqueness of what we are asking for. - the granting of the application is necessary for the preservation and enjoyment of a substantiation property right of the applicant: YES, we are looking to keep the structure of the home which minimizes other environmental preservation to the lakeshore with a full removal of the structure. With the addition of the 2 nd floor we will be able to accommodate the space needed for a family of five. Thank you for your consideration and review of this request and application. C. Lakeshore Setback D. Allowable Encroachments for Life Safety Measures QUESTIONS OF THE APPLICATION : The information provided by the applicant will be used in determining whether to approve or deny the request. 1) The variance is in harmony with the general purpose and intent of Chapter Two, City Code of Ordinances : The variance is in harmony with the general purpose and intent. We are renovating an existing legally nonconforming structure and seeking to improve and/or maintain the current legal nonconformity of the structure. The intent and use of the property remains the same as a single-family structure. 2) The variance is consistent with the Comprehensive Plan and will not alter the essential character of the locality? Yes, the variance is consistent with the current Comprehensive plan and will be used as a residential single family home. 3) State the practical difficulties in complying with the standards contained in Chapter Two, including but not limited to inadequate access to direct sunlight for solar energy systems. The property was originally built to meet the zoning requirements at the time of construction. As changes in the city have been made, the structure no longer meets the current zoning requirements. We are seeking to comply with the standards and maintain reasonable use of the property. We are doing this by reducing massing and legal nonconformity in some parts of the structure while maintaining legal nonconformity in the remaining parts of the structure. 4) State how the applicant proposes to use the property in a reasonable manner not permitted by the standards contained in Chapter Two: The property is to be used as a single-family home as it was intended. 5) The plight of the applicant is due to circumstances unique to the property and not created by the landowner The structure was built when the zoning code allowed it to be built as it is today. The property owners did not change the zoning requirements, therefore making it legally nonconforming today. 6) Address how economic considerations alone do not constitute practical difficulties. The current structure and care of the home had been deferred for years prior to the property owners purchasing it. Improvements are being made to improve the current structure and correct the design flaws that it has for the function of the home and how it works today. ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional land surveyor under the  laws of the State of Minnesota. Thomas M. Bloom Thomas M. Bloom P.L.S. No. 42379 Step 2:  PROPOSED HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form).  Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to  Survey Hardcover Item (Describe)       Length x Width Total (Square Feet) (Example)(Garage)   (24' x 30')(720) S.F. A House 4,130 S.F. B Concrete Drive 1994 S.F. C Deck North 575 S.F. D Covered Stoop 132 S.F. E Stone Areas 95 S.F. F Lake Side Patio/Walk 308 S.F. G Ret. Walls 104 S.F. H Front Walk 276 S.F. I Chimney Addition 5 S.F. JAC Pads 16 S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1)  Total Proposed Hardcover 7,635 S.F. Excludable Hardcover (See City Code Sec 78‐1684) Ret. Walls 104 S.F. Decks with 1/4" spacing (Width needs to be verified)100 S.F. S.F. S.F. S.F.    (2)   Total Excludable Hardcover 204 S.F.    (3)  Net Proposed Hardcover [Subtract line (2) from line (1)]7,431 S.F.    (4)   Total Lot Area 22,592 S.F. Proposed Hardcover Percentage [(3) / (4)]32.89% 32.7933.5933.0939.1939.5938.8935.0934.8938.5939.5939.6939.9940.3939.5939.2939.9940.1940.6941.1941.7938.2935.5935.7935.8939.8938.9930.9936.2937.5937.9936.6935.8935.5935.2934.8933.5932.5932.6934.9935.4936.0936.1936.3938.3938.4937.1936.8936.8936.5936.1935.1932.8933.5935.8936.9937.6937.4937.7937.8938.2938.3938.6938.3938.0938.2938.4938.2937.7936.0936.9938.1938.7938.6938.2938.2938.8939.5939.1939.4939.1937.8936.5937.4938.6939.7940.1939.7939.9939.9939.4939.1940.2940.4941.2942.1941.6942.2942.6941.8942.1940.7940.8939.8928.8929.4939.5939.6939.8939.5939.7938.6939.2939.1933.7931.5928.8931.0929.4931.2929.2931.0929.2935.4935.3934.2933.6937.6937.9937.8937.6938.5934.3935.0939.1939.0939.0941.4941.8928.9929.9930.1928.9928.7930.9936.7938.6938.2935.7935.8937.5938.1939.0936.1938.0937.5935.8937.6935.5928.7928.1928.1928.1927.9928.0928.1928.0928.3928.3932.5937.1939.3939.0939.2938.8938.2940.1939.3939.3940.1938.9929.4929.4--195.00--N 04°16'58" E27.046±--99.88--S 82°34'32" E15.8412±--200.11--N 04°13'43" E--99.94--S 86°04'25" E0.616.330.58.110.61.330.026.531.822.93.01.07.526.91.01.933.725.11.424.9Threshold atdoor 940.8GarageFloor938.8WallStoneStoneD e c kEdge of waterOHWLWallWallsEdge of bit. roadDeckRet.WallsRet.WallsNote:Dilapidated terracingand walls alongshoreline.Existing DwellingExisting DwellingExisting DwellingBenchmark:Top of MH 935.3Found capped ironFound 1/2"Found capped ironFound capped iron13.413.610.610.6132.18.29.560.123.4942942 941941940940940939939939939938938938938937 937936936935935935935934934933933930930929929929928928Lake MinnetonkaCherry LaneLot 9Lot 8EXISTING PLANTER RET. WALLS TO REMAIN EXISTING PLANTER RET. WALLS TO BE REMOVED EXISTING PLANTER & RET. WALLS TO BE REMOVED EXISTING DECK TO REMAIN EXISTING STAIRS TO REMAIN EXISTING FRONT WALK & RET. WALL TO BE REMOVED EXISTING PAVING TO BE REMOVED THIS SECTION OF RET. WALL TO BE REMOVED EXISTING CONCRETE PAD TO REMAIN EXISTING CONCRETE PAD TO BE REMOVED EXISTING RET. WALLS TO REMAIN EXISTING RET. WALLS TO REMAIN OHWL AVERAGE LAKESHORE SETBACK 75' REMOVE ALL PAVING WITHIN RET. WALL AREA AND RESTORE TO NATURAL PLANTINGS EXISTINGGARAGE 1,976 sq ft EXISTING PAVING TO BE REMOVED 7060504030802010NWES30'35'40' GRAPHIC SCALE 10'0'5'15'20'25'SUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISEEXISTING TO BE REMOVED & RE-PURPOSED EXISTING TO BE REMOVED EXISTING TO REMAIN HARDCOVER KEY DEMOLITION SITE PLAN SHEET A1 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 32.7933.5933.0939.1939.5938.8935.0934.8938.5939.5939.6939.9940.3939.5939.2939.9940.1940.6941.1941.7938.2935.5935.7935.8939.8938.9930.9936.2937.5937.9936.6935.8935.5935.2934.8933.5932.5932.6934.9935.4936.0936.1936.3938.3938.4937.1936.8936.8936.5936.1935.1932.8933.5935.8936.9937.6937.4937.7937.8938.2938.3938.6938.3938.0938.2938.4938.2937.7936.0936.9938.1938.7938.6938.2938.2938.8939.5939.1939.4939.1937.8936.5937.4938.6939.7940.1939.7939.9939.9939.4939.1940.2940.4941.2942.1941.6942.2942.6941.8942.1940.7940.8939.8928.8929.4939.5939.6939.8939.5939.7938.6939.2939.1933.7931.5928.8931.0929.4931.2929.2931.0929.2935.4935.3934.2933.6937.6937.9937.8937.6938.5934.3935.0939.1939.0939.0941.4941.8928.9929.9930.1928.9928.7930.9936.7938.6938.2935.7935.8937.5938.1939.0936.1938.0937.5935.8937.6935.5928.7928.1928.1928.1927.9928.0928.1928.0928.3928.3932.5937.1939.3939.0939.2938.8938.2940.1939.3939.3940.1938.9929.4929.4--195.00--N 04°16'58" E27.046±--99.88--S 82°34'32" E15.8412±--200.11--N 04°13'43" E--99.94--S 86°04'25" E0.616.330.58.110.61.330.026.531.822.93.01.07.526.91.01.933.725.11.424.9Threshold atdoor 940.8GarageFloor938.8WallStoneStoneD e c kEdge of waterOHWLWallWallsEdge of bit. roadDeckRet.WallsRet.WallsNote:Dilapidated terracingand walls alongshoreline.Existing DwellingExisting DwellingExisting DwellingBenchmark:Top of MH 935.3Found capped ironFound 1/2"Found capped ironFound capped iron13.413.610.610.6132.18.29.560.123.4942942 941941940940940939939939939938938938938937 937936936935935935935934934933933930930929929929928928Lake MinnetonkaCherry LaneLot 9Lot 8109'-11"PROPOSED FRONT SETBACK13'-4"EXISTING SETBACKPROPOSED FRONT WALK PROPOSED STAIR ADDITION EXISTING PLANTER RET. WALLS TO REMAIN PROPOSED WALK + PATIO PROPOSED COVERED STOOP EXISTING DECK TO REMAIN EXISTING STAIRS TO REMAIN EXISTING CONCRETE PAD TO REMAIN PROPOSED CONCRETE PAD FOR A/C UNIT EXISTING RET. WALLS TO REMAIN EXISTING RET. WALLS TO REMAIN OHWL AVERAGE LAKESHORE SETBACK 75' PROPOSEDGARAGEADDITIONON EXISTINGFRONT DRIVE EXISTINGGARAGE 1,976 sq ft RE-PAVE EXISTING FRONT DRIVE PROPOSED CHIMNEY 7060504030802010NWES30'35'40' GRAPHIC SCALE 10'0'5'15'20'25'SUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISESUMMER SOLSTICESUNRISEWINTER SOLSTICESUNRISEPROPOSED ADDITIONAL HARDCOVER PROPOSED RE-PURPOSED HARDCOVER EXISTING TO REMAIN HARDCOVER KEY PROPOSED SITE PLAN SHEET A2 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4"24'-10" BUILDING HEIGHT< 30'-0" MAX.30'-0"HIGHEST EXISTING GRADE 940.0' REFERENCE LINE (30' ABOVE HIGHEST) ROOF DEFINED (TOP OF CORNICE) SOUTH ELEVATION (EXISTING) SOUTH ELEVATION (PROPOSED) EXISTING SOUTH FACADE PROPOSED SOUTH FACADE PROPOSED SOUTH FACADE REMOVE AND SAVE BRICK VENEER REMOVE EXTERIOR SOFFITS TO ALLOW FOR NEW CONSTRUCTION EXISTING GARDEN WALLS TO REMAIN, REPLACE BRICK W/ STONE VENEER RE-USE EXISTING BRICK AT NEW BRICK APRON LOCATIONS SHEET A5 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" WEST ELEVATION (EXISTING) WEST ELEVATION (PROPOSED) EXISTING WEST FACADE PROPOSED WEST FACADE MAINTAIN EXISTING RAILING & DECKS SHEET A6 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" NORTH ELEVATION (EXISTING) NORTH ELEVATION (PROPOSED) EXISTING NORTH FACADE FROM LAKE PROPOSED NORTH FACADE FROM LAKE ADD NEW STONE VENEER OVER EXISTING CMU REPAIR EXISTING STAIRS EXISTING OUTDOOR STORAGE TO REMAIN SHEET A7 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" U.L. CEILING +22'-1 1/4" L.L. SLAB 9XX.X' -11'-1 1/4" M.L. SUBFLOOR 9XX.X' ±0" U.L. SUBFLOOR +12'-0 1/8" EAST ELEVATION (EXISTING) EAST ELEVATION (PROPOSED) PROPOSED EAST FACADE EXISTING EAST FACADE SHEET A8 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' #LayID TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 4,071 FINISHED + 962 GARAGE + 1,375 TERRACE + 370 COVERED OUTDOOR MAIN LEVEL FLOOR PLAN PROPOSED 6'-6"9'-0"4'-0"2'-6"1'-0"5'-6"2'-0"22'-0" PROPOSED STAIRS ADDITION PROPOSED LAKE ENTRY ADDITION PROPOSED CHIMNEY EXISTINGGARAGE PROPOSEDGARAGE ADDITIONON EXISTING DRIVE EXISTINGHOUSE EXISTING DECK SHEET A3 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 4,071 FINISHED + 962 GARAGE + 1,375 TERRACE + 370 COVERED OUTDOOR UPPER LEVEL FLOOR PLAN PROPOSED SHEET A4 VARIANCE SET 27 OCTOBER 2022 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2022 CHERRY AVE RENO 3838 CHERRY AVE, ORONO, MN 55364 MINUTES OF THE ORONO PLANNING COMMISSION November 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 4. LA22-000055 ESKUCHE DESIGN, 3838 CHERRY AVENUE, REQUESTS VARIANCES FOR AVERAGE LAKESHORE SETBACK, 75-FOOT LAKE SETBACK, AND HARDCOVER IN ORDER TO CONSTRUCT ADDITIONS TO THE EXISTING HOME. Sara and Travis Wildenberg, Applicants, were present. City Planner Curtis gave a presentation on the item, stating the existing home on the property is situated almost entirely lakeward of the 75-foot setback line; most of the home is also within the average lakeshore setback. The Applicant provided an updated narrative, not included in the planning report, which was emailed and placed at the Commissioners’ seats. It includes a revised practical difficulty analysis. The majority of the existing single story home is situated lakeward of the average lakeshore and 75-foot lake setbacks. The lake side deck projects over the OHWL and the lake. The Applicant is proposing to increase the ceiling height in the entire main level, reflected in the approximate 2 foot roof height expansion. They are proposing to add a second story over the western portion of home increasing the overall height by 13 feet plus chimneys. There are four areas of footprint expansion proposed, shown in yellow, the largest addition is a 22’x 26.5’ garage addition on the rear which meets the required setbacks. The three other footprint expansions include the covered porch entry and 6.5’x 9’ addition on the street side of the home 60-feet from the lake, a small addition on the west side of the home 48-feet from the lake, and a small chimney addition on the lakeside of the home. The chimney is approximately 13-feet taller than the existing roof height and will be 18 feet from the lake. The property currently has 33.9% hardcover where 25% is permitted. The majority of the hardcover is located within the 75-foot setback. The Applicant is showing some new areas of hardcover and is proposing to remove 224 square feet of total hardcover resulting in 32.9% hardcover. Staff finds the location of existing improvements impede opportunities for constructing conforming additions, height, or footprint changes to the home. however, the scale of the proposal to expand the non-conformities within the ALS and 75 foot setback are at a level that may not be reasonable. The increase of mass within the setbacks is not supported by practical difficulties and for that reason Staff recommends denial. Sarah and Travis Wildenberg, 1421 North Arm Drive, purchased the property in July 2022. They love the architecture and design, as well as the large front yard. The proposed plans are what they hope will be their forever family home. Peter Eskuche, 18318 Minnetonka Boulevard, Deephaven, has been working with the Applicants to expand the home to fit their family as it is quite a small residence on a slab. Going below ground would not be possible and would be disruptive given the proximity to the lake which is why they decided to design above the main area of the home and garage. He noted they are trying not to increase hardcover because it is so far over. There are also extensive patios along the shoreline which are all being removed, and the shore will be stabilized and restored as much as possible. Mr. Eskuche believes restoring the structure would be less damaging than tearing it down because it is literally on the lake. He noted they are trying to keep the scale of the house to the east as it is a very close proximity. In several areas of the house, Mr. Eskuche is not sure they have 8 foot ceilings so they are trying update the function and scale of the house. Ressler asked if there is a design that allows them to go up without increasing. Mr. Eskuche noted there is a possibility on the lakeside, but the problem is that almost the entire house is within the 75 foot setback. In looking at the upper level plan and east façade, it is possible that not all of that space would be entirely needed. MINUTES OF THE ORONO PLANNING COMMISSION November 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Chair McCutcheon asked if they considered the back of the property behind the average lakeshore setback (ALS). Mr. Eskuche stated they were trying to disturb as little of the property as possible. That would be an exploration if this does not go through, but it is more hardcover. Chair McCutcheon has never seen a house this close to the lake. He noted they have a long driveway which adds hardcover and a house with decking overhanging the lake. He asked if they make an existing situation worse in putting massing inside the ALS. Libby thinks whatever could be done here needs to be done and not on the lakeshore side as they need to maintain that setback for the lake and not set precedence. He does not think they can do much to extend and exacerbate an encroachment into the setback. Chair McCutcheon opened the public hearing at 7:59 p.m. John Daly, Revision LLC, 153 East Lake Street, has been working with the Applicants on the project. He understands this is a complex and unique house. If they asked to add a main floor addition into the yard it would have come with a major hardcover request. The current home is small with only one level and by adding the addition over the existing space, they tried to focus on the impact for neighboring properties over the middle of the home. The intent is to protect the hardcover, work within the existing structure, and be mindful of the impact on neighboring properties. They felt tearing down the house and moving it back would have been more disruptive and felt this is a great candidate to remodel. Mr. Daly noted they are trying to solve many challenges to make it a nice family home. Chair McCutcheon closed the public hearing at 8:03 p.m. Kraemer thinks it is a thoughtful design and likes that they are not tearing it down but are keeping the structure that the Applicants have a love for. Kraemer stated if they deny and the Applicant tears it down and brings the structure out of the 75 foot there will probably be more hardcover than the proposed plan. He also likes that they are willing to clean up the shoreline and remove the patios. Chair McCutcheon noted the Commission has actually gone up on these; however when it is inside the ALS, they have never done it before and that is his sticking point. Because they are already over on hardcover, they could really only add structure over the driveway footprint. Ressler thinks in the past the Commission has established adding massing within the 75 foot or ALS of existing dwellings. They do not like it, the closer to the lakeshore the harder it is to approve which is why many boathouses go away and there is a hard line on adding massing for boathouses. Although they do not want to tear it down, if they did it would improve hardcover due to a shorter driveway. Mr. Eskuche noted Minnetonka has an ordinance that allows conforming to the building height as long as it does not encroach more. He asked if that is what the Commissioners are saying would have been okay. Ressler replied the Commission has approved other homes that have gone up in massing within the lakeshore setback as opposed to adding additions of structure in the setback. MINUTES OF THE ORONO PLANNING COMMISSION November 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Curtis clarified the Applicant is essentially going up over existing with the 3-4 small additions. Mr. Ekuche noted there is one section forward of the house and in eliminating that, would they get approval? Ressler replied if they are not adding structure within the setback, the Commission would have a more favorable view but deferred to Staff. Curtis stated the new footprint proposed is the little chimney next to the deck and the area noted onscreen. The project is going up over existing with the exception of the portion over the garage. Mr. Eskuche is willing to make an attempt. Ressler clarified the Commission can give feedback and Mr. Eskuche can bring an amended proposal to the City Council. Ressler would be supportive of this if they made those changes discussed. Libby noted in going up over existing is kind of a moot point when there is already such an encroachment into the 75 foot setback. Any massing will not conform to the Comprehensive Plan and the City does not add encroachments into the 75 foot setback. Chair McCutcheon is uneasy with going up and blocking lake view. He would not be in support of the application. Kraemer asked if they could design the chimney within the footprint. He asked if by going upwards they will be blocking someone else’s lake views and thinks City Council would want to see a study on that. Community Development Director Oakden clarified that typically the 75 foot setback is the stricter and the average lakeshore setback (ALS) is then set further away from the lake being the limiting factor for a building envelope. This lot is unique in that the ALS is actually the closer setback to the lake and the 75 foot setback is the more-strict setback. The chimney, front door porch addition, and garage space area are all footprint expansions. Regarding the second story expansion which is directly upward, the Commission has acted in support of second story additions in the ALS but oftentimes that does not overlap within the 75 foot setback, as well. This is a very unique layout in that the second story is both in the ALS and in the 75 foot setback in this scenario. Ressler is in support of adding massing but would like to see no addition within the ALS. Anything behind the ALS he would be in support of, as long as it stays in the conformities of structure, hardcover, and is not increasing or worsening that situation. Chair McCutcheon’s position is adding massing behind the blue line onscreen but not to increase hardcover which is very hard to do. Ressler noted he cannot approve as applied but thinks they could entertain a motion to decline with feedback for the Applicant to revise plans. He noted it sounds like Kraemer is in support of the application as applied. Chair McCutcheon would decline with feedback that any structure added should be behind the average lakeshore setback (blue line). MINUTES OF THE ORONO PLANNING COMMISSION November 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Libby tends to agree with Staff’s initial denial. He agrees with nothing beyond the average lakeshore setback and certainly nothing that would add encroachment into the 75 foot setback. Libby moved, Ressler seconded, to deny LA22-000055 Eskuche Design, 3838 Cherry Avenue, Variances. VOTE: Ayes: 3, Nays 1 (Kraemer). Date Application Received: 10/19/22 Date Application Considered as Complete: 10/27/2022 60-Day Review Period Expires: 12/26/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: Meeting Date Subject: #LA22-000055, Eskuche Design o/b/o Travis & Sara Wildenberg, 3838 Cherry Ave, Variances Public Hearing Background The existing home on the property is situated almost entirely lakeward of the 75-foot setback line; most of the home is also within the average lakeshore setback. The applicant, representing new owners of the property, has requested 75-foot lake setback, average lakeshore setback, and hardcover variances in order to do a major home renovation including footprint and second floor additions. Practical Difficulties Analysis Applicant Submittal Information: The applicant has not clearly identified practical difficulties supporting the requested variances. They have provided brief responses to the Practical Difficulty criteria in the application, attached as Exhibit B. They should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds the location of the existing improvements (within the average lakeshore setback and 75-foot lake setback) do impede opportunities for constructing conforming any additions, height, or footprint changes to the home. However, the applicant’s proposal to expand the nonconformities within the average lakeshore setback and 75-foot setback may not be reasonable. Application Summary: The applicant is requesting lake setback, average lakeshore setback, and hardcover variances in order to construct additions to the existing home. Staff Recommendation: Planning Department Staff recommends denial. FILE #LA22-000055 21 Nov 2022 Page 2 of 6 The proposed improvements increase the mass of the existing home within the setbacks, further increasing the negative massing impacts from development within the protected shore setback zone. Although variances would still be required, additions to the footprint or expansions of the existing mass should be contemplated further from the lake. The increase of mass within the setbacks is not supported by practical difficulties. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: LR-1C District Required Existing Proposed Rear/Street 30’ 134’ 110’ East Side 10’ 13.4’ 13.4’ West Side 10’ 10.6’ 10.6’ Lakeshore 75’ Deck -7’ House 20’ No Change Average Lakeshore The majority of the existing home is lakeward of the average lakeshore setback line. Section 78-350 – Lot Area/Width: LR-1C District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 22,592 s.f. (0.51acre) 100’ @ 75’ / 100’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 22,592 s.f. (0.52 acre) Allowed: 4,518 s.f. (20%) Existing: 3,427 s.f. (15%) Proposed: 4,267 s.f. (18.8%)* *approximately 3,100 s.f. building footprint is within the 75’ setback Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 22,592 s.f. 5,648 s.f. (25 %) 7,655 s.f. (33.9%) 7,431 s.f. * (32.9%) *approximately 4,400 s.f. of hardcover is within the 75-foot setback Applicable Regulations: Average Lakeshore & 75-foot Lake Setback Variances (Section 78-1279) The majority of the existing single story home is situated lakeward of the average lakeshore and 75-foot lake setbacks. The lake side deck projects over the OHWL and the lake. The applicant is proposing to increase the ceiling height in the entire main level, reflected in the approximate 2 foot roof height expansion (see Exhibit F). They are proposing to add a 2nd story over the western portion of home increasing the overall height by 13 feet plus chimneys. The 2nd story addition was pushed to the west side of the property as the home at 3852 Cherry Avenue to the west is situated closer to the western side of that property, see Exhibit H. FILE #LA22-000055 21 Nov 2022 Page 3 of 6 There are four areas of footprint expansion proposed, shown in yellow on Exhibit E, the largest addition is a 22’x 26.5’ garage addition on the rear. This addition meets the required setbacks. The three other footprint expansions include the covered porch entry and 6.5’x 9’ addition on the street side of the home 60-feet from the OHWL; a small addition on the west side of the home 48-feet from the OHWL; and a small chimney addition on the lakeside of the home. The chimney is approximately 13-feet taller than the existing roof height and will be 18 feet from the lake. Hardcover Variance (Section 78-1680 & 78-1700) The property currently has 33.9% hardcover where 25% is permitted. The majority of the hardcover is located within the 75-foot setback from the OHWL where, according to City Code Section 78-1680, very limited amounts of hardcover are permitted (stairs, landings, lockboxes, etc.). The applicant is showing some new areas of hardcover and is proposing to remove 224 square feet of total hardcover resulting in 32.9% hardcover. Some of the existing non-structural hardcover surfaces are proposed to become building footprint – the garage addition and the proposed stair addition next to the front stoop for example. A variance is required to change the nature of nonconforming hardcover from non-structural to structural when the property is out of conformance with the hardcover limitation. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances for expansion of non-conforming building within the average lake setback and the 75-foot lake yard setback are not supported by practical difficulties. 75-foot lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Additionally, the goals of the average lakeshore setback requirement include protecting views from land to the lake, the requested variances to expand the volume of the existing home are not in harmony with the Ordinance. The additional mass of the 2nd story, chimneys, and roof areas within the setbacks result in an increase of the building height closer to the lake than existing and may negatively impact the views into the property from the lake. The new hardcover and reorientation of existing hardcover to create a new patio and sidewalk within the 75-foot lake setback are not in harmony with the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The variances resulting in modifications to the existing home with a volume expansion and minor footprint expansions within the setbacks in a residential zone are inconsistent with the Comprehensive Plan. The applicant has FILE #LA22-000055 21 Nov 2022 Page 4 of 6 not identified necessary practical difficulties inherent to the land supporting their requests. The increase in structural massing within the setbacks in such close proximity to the OHWL is inconsistent with the Comprehensive Plan. This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Reasonable use of the Property is established with the existing principal structure. The request to permit expansion of the home lakeward of the average lakeshore setback and within the 75-foot lake setback is not reasonable. The proposal results in an increase of building mass within the 0-75’ and average lakeshore setback areas are not reasonable. Additionally the variance to install new hardcover areas proposed within the 75-foot setback is inconsistent with the Comprehensive Plan. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The existing house was not build by the current owners. However, this is not justification necessary support the new encroachments into the average lakeshore setback or the lake yard. While the home was not originally constructed by the current owners, they have a right to keep and even re-build the home in-kind. The constructed expansions are not a right, are not necessary to preserve the existing home, and are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The proposed variances reflect expansion of the footprint and the volume of the home and result in additional encroachment into the setbacks toward the lake, all of which are out of character with the neighborhood. The home expansions and new hardcover areas within the setback areas are not supported by practical difficulty and are inconsistent with the Comprehensive Plan. This criterion is not met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. There are no obvious special conditions applying to the structure or the land which are unique, or support the requested variances. Beyond the existing FILE #LA22-000055 21 Nov 2022 Page 5 of 6 nonconforming home location, the Applicant has not identified special conditions to the structure or land justifying the variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Applicant has not identified conditions. This criteria is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the existing principal structure which may be rebuilt. The home is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming building or structure is not a right. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; the Commission should determine whether the expansions negate the goals of the code in relation to views into, and out of the property, and hardcover limitations. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances provide an increase of home square footage, improved aesthetic, and outdoor living space near the OHWL which could be considered conveniences. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has provided acknowledgement forms from the neighbors on either side of the subject property. However, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation The proposed project scope appears to approach a complete rebuild. The applicant is able to construct a home or additions to the existing home in a more conforming location. It is possible to recapture some of the existing home footprint area in the 75-foot setback for new outdoor living space. Having found no substantial practical difficulties supporting the applicant’s request, Planning Staff recommends denial of the application as proposed. List of Exhibits Exhibit A. Application FILE #LA22-000055 21 Nov 2022 Page 6 of 6 Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Staff Annotated Proposed Survey Exhibit F. Staff Annotated Proposed Plans Exhibit G. Submitted Hardcover Calculations Exhibit H. Aerial Photos Exhibit I. Property Owners List & Acknowledgement Form Exhibit J. Plat Map