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02-27-2023 Council Packet
Agenda Council Meeting Monday, February 27, 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 Approval of Agenda Consent Agenda 1. Claims/Bills 2. Amendment to Agreement with Spring Park for the Provision of Public Works Service 3. Approval to Dispose of Parks Equipment 4. No Fault Sewer Insurance – Resolution No. 7343 5. LA22-000065 – Tim & Leslie Oare, 2967 Casco Point Rd, Variances – Resolution No. 7344 6. Approval of Park Commission Reappointments – Resolution No. 7345 Presentation 7. Long Lake Fire Department Annual Report Clerk Report 8. Approval of the Minutes a. City Council Meeting Minutes of January 9, 2023 b. City Council Meeting Minutes of January 23, 2023 c. City Council Meeting Minutes of February 13, 2023 d. City Council Work Session Minutes of February 13, 2023 Fire Chief Report 9. All-Hazards Incident Management Team (AHIMT) Participation 10. Authorization to Purchase Mobile & Portable Radios for Ladder Truck City Attorney Report City Administrator/Engineer Report 11. 2022 City of Orono Annual Report 12. 2023 Streets – Townline Road Agreement and Feasibility Study 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. Agenda Council Meeting Monday, February 27, 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 Mayor/Council Report Closed Session 13. The meeting will be closed as permitted by §13D.05, Subd. 3(a), to evaluate the performance of the City Administrator Adjournment Upcoming Events 2023 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. 04/03 Park Commission Work Session, 6:00 p.m. 04/10 Council Work Session. 5:00 p.m. 04/10 Council Meeting, 6:00 p.m. 04/17 Planning Commission Meeting, 6:00 p.m. (Alisa Benson) 04/24 Council Work Session, 5:00 p.m. 04/24 Council Meeting, 6:00 p.m. 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 120621to 120714 and ACH transaction 2013329 totaling $623,613.48. 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.: 1 Date: February 27, 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: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 02/27/2023 0 12/20/2023-0 101-41110-439 OLIVE GARDEN -EMPLOYEE CELEBRATION Mayor & Council 60.00- CARDMEMBER SERVICE 02/27/2023 0 12/20/2023-0 101-41110-439 FORKLESS -CC MEETING FOOD Mayor & Council 82.95 CARDMEMBER SERVICE 02/27/2023 0 12/20/2023-0 101-41300-439 ORONO MARKET -CC MEETING FOOD Administration 39.18 CARDMEMBER SERVICE 02/27/2023 0 12/20/2023-0 101-41110-439 PANERA -CC MEETING FOOD Mayor & Council 165.55 CARDMEMBER SERVICE 02/27/2023 0 12/20/2023-0 101-41110-439 BRUEGGERS BAGELS -EMPLOYEE CELEBRATI Mayor & Council 89.84 CARDMEMBER SERVICE 02/27/2023 0 12/20/2023-0 101-41110-439 HYVEE - EMPLOYEE CELEBRATION Mayor & Council 15.02 CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 601-49400-405 ROW PERMIT FOR WATER DIG Water 340.00 CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 701-49800-212 FUEL 296.92 CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 101-42110-439 MEETING EXPENSE Police Department 104.33 CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 101-42110-321 ANNUAL REOCCURRING FEE FOR SQUAD PHO Police Department 21.49 CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 101-42110-402 CAR WASH #261 Police Department 16.00 CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 101-42110-433 NOTARY H. GELHEN Police Department 48.05 CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 101-42110-228 TARGETS AND SUPPLIES Police Department 4,218.15- CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 101-42110-228 TARGETS AND SUPPLIES Police Department 5,718.15 CARDMEMBER SERVICE 02/27/2023 0 12/22/2022-0 101-42110-580 PELETON BIKE - FITNESS ROOM Police Department 1,284.93 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-41300-437 CEAM CONFERENCE-CONTINUING EDUCATION Administration 485.00 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-43000-437 HOTEL ROOM FOR CLASS A TRAINING Public Works Department 792.32 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45200-221 PARKS SANDER Parks 380.92 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/710-49970-221 EBAY - TOUGHBOOK PD 75.21 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/710-49970-221 AMAZON - PHONE CASES 31.15 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45210-093 CONCESSIONS Golf Course 14.81 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45210-093 CONCESSIONS Golf Course 33.38 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45210-223 FLAG FOR CLUBHOUSE Golf Course 56.98 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45210-441 MNRP MEMBERSHIP Golf Course 170.00 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45200-212 FUEL Parks 43.21 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45200-223 CLUBHOUSE PARTY SUPPLIES Parks 41.67 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45210-441 COSTCO MEMBERSHIP Golf Course 60.00 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45210-441 COSTCO MEMBERSHIP Golf Course 120.00 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45210-093 CONCESSIONS Golf Course 106.24 CARDMEMBER SERVICE 02/27/2023 0 12/22/22-01/101-45210-223 COOLER BAGS Golf Course 312.00 INNOVO BENEFITS ADMINISTR 02/27/2023 0 1262129 101-15998 HEALTH INSURANCE 3/23 - COBRA NON EMPLY 3,180.52 INNOVO BENEFITS ADMINISTR 02/27/2023 0 1262129 101-21706 HEALTH INSURANCE 02/23 70,664.50 MN DEPT OF REVENUE-WIRE 02/27/2023 0 2023.01 601-20806 WATER TAXABLE SALES 1/23 768.00 MN DEPT OF REVENUE-WIRE 02/27/2023 0 2023.01 101-37940 CONCESSIONS - SALES TAX 1/23 20.00 PSN: PAYMENT SERVICE INVOI 02/27/2023 0 272337 601-49400-312 WATER FUND PSN FEES Water 428.62 PSN: PAYMENT SERVICE INVOI 02/27/2023 0 272337 602-49450-312 SEWER FUND PSN FEES Sewer 870.23 PSN: PAYMENT SERVICE INVOI 02/27/2023 0 272466 101-41900-312 MISC PSN FEES Central Services .55 PSN: PAYMENT SERVICE INVOI 02/27/2023 0 272618 101-41900-312 BUILDING PERMIT PSN FEES Central Services 6.60 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 0:82,606.17 CHARLIE'S AUTO BODY 02/14/2023 120621 SQUAD #269 703-49960-379 POLICE SQUAD #269 CLAIM #TBD 5,938.95 Total 120621:5,938.95 A 1 ELECTRIC SERVICE OF WA 02/27/2023 120622 5352 601-49400-403 BRINE PUMP REPAIRS Water 343.00 A 1 ELECTRIC SERVICE OF WA 02/27/2023 120622 5376 601-49400-405 SOUTH WATER PLANT ELECTRICAL REPAIR BRI Water 531.49 Total 120622:874.49 ADVANCED FIRST AID INC 02/27/2023 120623 0223-945 101-45200-223 AED BATTERY Parks 298.00 Total 120623:298.00 AMAZON CAPITAL SERVICE 02/27/2023 120624 1C31-GCMW 101-43000-240 RUBBER PLUGS FOR HYDRAULIC LINES Public Works Department 62.99 AMAZON CAPITAL SERVICE 02/27/2023 120624 1C31-GCMW 101-43000-226 LATEX GLOVES XXL Public Works Department 192.00 AMAZON CAPITAL SERVICE 02/27/2023 120624 1C31-GCMW 101-43000-240 FLASHLIGHT CHARGER Public Works Department 29.90 AMAZON CAPITAL SERVICE 02/27/2023 120624 1C31-GCMW 101-43000-222 WIRE CONNECTORS Public Works Department 7.88 AMAZON CAPITAL SERVICE 02/27/2023 120624 1C31-GCMW 101-43000-222 WIRE CONNECTORS Public Works Department 17.76 Total 120624:310.53 American Mechanical Co 02/27/2023 120625 2023.01.27 601-49400-404 REPAIR SOUTH WATER PLANT PIPING Water 506.15 Total 120625:506.15 ANCOM TECHNICAL CENTER 02/27/2023 120626 113130 101-42110-550 SQUAD SETUPS Police Department 447.00 Total 120626:447.00 Aspen Mills 02/27/2023 120627 308608 101-42110-226 UNIFORMS Police Department 110.50 Total 120627:110.50 AWWA 02/27/2023 120628 SO70176 601-49400-433 AWWA MEMBERSHIP Water 233.00 Total 120628:233.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.02/27/2023 120629 0306481 101-43280-304 LA20-000048 SHORELINE ESTATES Special Services 801.00 BOLTON & MENK INC.02/27/2023 120629 0306482 101-42400-304 BUILDING PERMIT GRADING REVIEW Building & Zoning 76.00 BOLTON & MENK INC.02/27/2023 120629 0306483 101-42400-304 CDD REQUEST FOR ENGR ASSISTANCE Building & Zoning 228.00 BOLTON & MENK INC.02/27/2023 120629 0306484 602-49450-305 GIS MAINTENANCE SEWER Sewer 1,260.00 BOLTON & MENK INC.02/27/2023 120629 0306484 601-49400-305 GIS MAINTENANCE WATER Water 1,320.00 BOLTON & MENK INC.02/27/2023 120629 0306484 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 1,020.00 BOLTON & MENK INC.02/27/2023 120629 0306484 101-43170-305 GIS MAINTENANCE GENERAL Engineering 540.00 BOLTON & MENK INC.02/27/2023 120629 0306485 101-43000-304 BRIDGE PROGRAM ENGINEERING Public Works Department 297.00 BOLTON & MENK INC.02/27/2023 120629 0306485 225-45200-304 22-059 GC PICKLEBALL AND ICE RINK STUDY 2,117.00 BOLTON & MENK INC.02/27/2023 120629 0306486 651-49910-304 22-029 SWPPP UPDATE Storm Water 2,822.00 BOLTON & MENK INC.02/27/2023 120629 0306488 602-16500 22-014 SANITARY SEWER REHABILITATION (CIP 543.00 BOLTON & MENK INC.02/27/2023 120629 0306489 435-48975-304 22-001 2022 STREETS PROJECT 84.50 BOLTON & MENK INC.02/27/2023 120629 0306490 602-16500 22-021 FORCEMAIN REPLACEMENT (TONKAWA)253.50 BOLTON & MENK INC.02/27/2023 120629 0306491 602-16500 23-014 SANITARY SEWER REHABILITATION 7,632.50 BOLTON & MENK INC.02/27/2023 120629 0306492 101-42400-304 BLDG PERMIT GRADING REVIEW Building & Zoning 198.00 BOLTON & MENK INC.02/27/2023 120629 0306493 435-48976-304 23-001 STREETS PROJECT 8,734.50 BOLTON & MENK INC.02/27/2023 120629 0306494 602-49450-305 GIS MAINTENANCE SEWER Sewer 1,822.00 BOLTON & MENK INC.02/27/2023 120629 0306494 601-49400-305 GIS MAINTENANCE WATER Water 1,145.50 BOLTON & MENK INC.02/27/2023 120629 0306494 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 1,187.00 BOLTON & MENK INC.02/27/2023 120629 0306494 101-43170-305 GIS MAINTENANCE GENERAL Engineering 1,524.50 BOLTON & MENK INC.02/27/2023 120629 0306495 101-43170-303 21-040 NAVARRE PARKING LOT Engineering 1,965.50 Total 120629:35,571.50 BOYER TRUCKS INC 02/27/2023 120630 003P33879 701-49800-215 REPAIRS TO 426 BRAKES, DRUMS,605.16 BOYER TRUCKS INC 02/27/2023 120630 003P34025 701-49800-213 DEF FLUID FOR TRUCK EXHAUST 1,196.00 BOYER TRUCKS INC 02/27/2023 120630 003P34048 701-49800-215 CREDIT ON BRAKE SHOE RETURN 114.40- Total 120630:1,686.76 CAMPBELL KNUTSON 02/27/2023 120631 2717-0000G 101-41600-307 GENERAL MATTERS 1/23 Law/Legal Services 6,372.25 CAMPBELL KNUTSON 02/27/2023 120631 2717-0004G 101-42110-307 POLICE MATTERS 01/23 Police Department 136.00 CAMPBELL KNUTSON 02/27/2023 120631 2717-0740G 101-41600-307 LITIGATION - MERA CLAIM Law/Legal Services 8,918.35 CAMPBELL KNUTSON 02/27/2023 120631 2717-0800G 101-42400-307 B&Z STAFF MTGS 01/23 Building & Zoning 340.00 CAMPBELL KNUTSON 02/27/2023 120631 2717-0802G 101-42400-307 B&Z ASSISTANCE 1/23 Building & Zoning 712.40 CAMPBELL KNUTSON 02/27/2023 120631 2717-0803G 101-41600-307 ORDINANCES 1/23 Law/Legal Services 1,836.00 CAMPBELL KNUTSON 02/27/2023 120631 2717-0827G 101-43280-307 RAS22-000104 (3355 GRAHAM HILL ROAD)Special Services 36.00 CAMPBELL KNUTSON 02/27/2023 120631 2717-0830G 101-43280-307 LA22-000055 (3838 CHERRY LANE)Special Services 192.50 CAMPBELL KNUTSON 02/27/2023 120631 2717-0831G 101-43280-307 LA22-000051 (3600 IVY PLACE)Special Services 110.00 CAMPBELL KNUTSON 02/27/2023 120631 2717-0832G 101-41600-307 LMCD/DRAGONFLY HILL Law/Legal Services 4,369.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120631:23,022.50 CARGILL SALT 02/27/2023 120632 2907965434 101-43000-224 TREATED ROAD SALT - 2023-2023 SNOW SEAS Public Works Department 2,542.77 Total 120632:2,542.77 Carmen Bay Lake Improvement D 02/27/2023 120633 2022 TAX SE 239-25694-489 2ND HALF CBLID PAYMENT 22,682.95 Total 120633:22,682.95 CENTERPOINT ENERGY MAIN 02/27/2023 120634 2023.01 601-49400-381 GAS SERVICE 12/19/22-01/20/2023 Water 1,730.32 CENTERPOINT ENERGY MAIN 02/27/2023 120634 2023.01 602-49450-381 GAS SERVICE 12/19/22-01/20/2023 Sewer 1,673.84 CENTERPOINT ENERGY MAIN 02/27/2023 120634 2023.01 101-41900-381 GAS SERVICE 12/19/22-01/20/2023 Central Services 3,583.20 CENTERPOINT ENERGY MAIN 02/27/2023 120634 2023.01 101-42110-381 GAS SERVICE 12/19/22-01/20/2023 Police Department 1,074.09 CENTERPOINT ENERGY MAIN 02/27/2023 120634 2023.01 101-45210-381 GAS SERVICE 12/19/22-01/20/2023 Golf Course 671.97 Total 120634:8,733.42 CENTRAL PENSION FUND SOU 02/27/2023 120635 CFP020923 101-21707 LOCAL UNION #49 1/23/23-2/5/23 960.00 CENTRAL PENSION FUND SOU 02/27/2023 120635 CFP022323 101-21707 LOCAL UNION #49 2/6/23-2/19/23 960.00 Total 120635:1,920.00 Century Link 02/27/2023 120636 2023.02 WP 601-49400-321 WTP PHONE/INTERNET 02/04/23-3/03/2023 Water 140.31 Total 120636:140.31 CenturyLink 02/27/2023 120637 628636838 L 614-49840-329 INTERNET 01/08/23-2/07/2023 LUMEN Cable Franchise 1,057.04 Total 120637:1,057.04 CHILDREN'S MINNESOTA 02/27/2023 120638 2023.02 101-42110-437 TRAINING - TONY WHITE CAR SEAT CLINIC Police Department 80.00 Total 120638:80.00 CHUNKS LAKESHORE AUTO 02/27/2023 120639 0019220 101-42110-402 SQUAD MAINT # 256 OIL/FILTER CHANGE/ WIPE Police Department 56.81 CHUNKS LAKESHORE AUTO 02/27/2023 120639 0019385 101-42110-402 SQUAD MAINT #257 OIL CHANGE/FILTER/REPL Police Department 56.81 CHUNKS LAKESHORE AUTO 02/27/2023 120639 0019554 101-42110-402 SQUAD MAINT #EKL016 VACUUM PUMP Police Department 594.66 CHUNKS LAKESHORE AUTO 02/27/2023 120639 0019562 101-42110-402 SQUAD MAINT #266 WASHER FLUID LEAK Police Department 63.92 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CHUNKS LAKESHORE AUTO 02/27/2023 120639 0019568 101-42110-402 SQUAD MAINT # 267 OIL/FILTER CHANGE- CABI Police Department 148.93 CHUNKS LAKESHORE AUTO 02/27/2023 120639 0019595 101-42110-402 SQUAD MAINT #264 TIRE REPAIR Police Department 24.38 Total 120639:945.51 CITY OF BLOOMINGTON 02/27/2023 120640 21835 601-49400-489 BACTERIAL WATER TESTING Water 106.00 Total 120640:106.00 CITY OF CORCORAN 02/27/2023 120641 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 2,346.83 Total 120641:2,346.83 CITY OF CRYSTAL 02/27/2023 120642 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 8,316.67 Total 120642:8,316.67 CITY OF DAYTON 02/27/2023 120643 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 3,269.35 Total 120643:3,269.35 City of Deephaven 02/27/2023 120644 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 436.31 Total 120644:436.31 CITY OF NEW HOPE 02/27/2023 120645 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 8,909.06 Total 120645:8,909.06 CITY OF ROBBINSDALE 02/27/2023 120646 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 5,808.28 Total 120646:5,808.28 David Weekley Homes 02/27/2023 120647 2023.02 UB 999-10015 UB REFUND - 605 BLOSSOM CIR 55.85 David Weekley Homes 02/27/2023 120647 2023.02 UB 999-10015 UB REFUND - 2442 SOUTH BLOSSOM CIR 208.36 David Weekley Homes 02/27/2023 120647 2023.02 UB 999-10015 UB REFUND - 2402 SOUTH BLOSSOM CIR 39.68 David Weekley Homes 02/27/2023 120647 2023.02 UB 999-10015 UB REFUND - 2414 SOUTH BLOSSOM CIR 54.11 David Weekley Homes 02/27/2023 120647 2023.02 UB 999-10015 UB REFUND - 2446 SOUTH BLOSSOM CIR 55.85 David Weekley Homes 02/27/2023 120647 2023.02 UB 999-10015 UB REFUND - 2454 SOUTH BLOSSOM CIR 108.20 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120647:522.05 ECM PUBLISHERS INC 02/27/2023 120648 933230 101-42400-340 PH FOR B&Z Building & Zoning 44.70 Total 120648:44.70 FASTENAL COMPANY 02/27/2023 120649 MNPLY1393 701-49800-215 T BOLT CLAMPS EXHAUST PIPES 133.44 FASTENAL COMPANY 02/27/2023 120649 MNPLY1394 405-48500-580 GRADE 8 BOLTS STOCKING INVENTORY 921.28 Total 120649:1,054.72 FAUL PSYCHOLOGICAL 02/27/2023 120650 1420 101-42110-319 NEW HIRE - LYREK Police Department 650.00 Total 120650:650.00 FIDELITY SECURITY LIFE INSU 02/27/2023 120651 VISION0223 101-21716 VISION PLAN 2/2023 BALANCE 5.11 Total 120651:5.11 FSSolutions 02/27/2023 120652 fl00559407 101-41900-489 2023-ANNUAL SUBSCRIPTION FEE Central Services 500.00 Total 120652:500.00 G&H Distributing & Supply Inc 02/27/2023 120653 00166737 701-49800-403 HYDRANT HOSE - UNIT 428,429 173.10 Total 120653:173.10 GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-560479 101-42110-550 SQUAD SETUPS - FLOOR LINER Police Department 203.98 GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-560502 701-49800-215 V BELT REPLACEMENT ON 409 33.31 GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-560828 701-49800-215 431 CLIMATE CONTROL MODULE 429.99 GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-561170 701-49800-215 CREDIT ON ACTUATOR ON 431 44.98- GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-561466 701-49800-240 2.75 IMPACT SOCKET 74.99 GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-561519 701-49800-215 CREDIT 431 CLIMATE CONTROL MODULE 429.99- GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-561526 701-49800-215 BRAKES FOR 627 164.99 GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-561620 701-49800-213 GEAR OIL, ANTI SEIZE, SILCONE FOR THE MEC 62.49 GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-561675 701-49800-215 BRAKES, ROTORS, STRUTS FOR LLFD CMD1 1,079.68 GENUINE PARTS COMPANY/NA 02/27/2023 120654 3270-561743 701-49800-215 ALIGHMENT COMPONENTS 255.36 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120654:1,829.82 GOPHER ACE 02/27/2023 120655 014506/1 101-41900-223 PAINT SUPPLIES Central Services 39.92 GOPHER ACE 02/27/2023 120655 014647/1 101-41900-223 PAINT SUPPLIES Central Services 2.39 GOPHER ACE 02/27/2023 120655 14418/1 101-45200-223 KEYS Parks 7.47 GOPHER ACE 02/27/2023 120655 14501/1 101-41900-223 PAINT SUPPLIES Central Services 57.12 GOPHER ACE 02/27/2023 120655 14517/1 101-41900-223 HAND TOOLS Central Services 22.99 GOPHER ACE 02/27/2023 120655 14563/1 101-41900-223 PAINT SUPPLIES Central Services 4.59 GOPHER ACE 02/27/2023 120655 14583/1 101-45200-223 GARDEN HOSE Parks 41.99 GOPHER ACE 02/27/2023 120655 14642 101-43000-212 BAR OIL Public Works Department 45.98 GOPHER ACE 02/27/2023 120655 14650 101-43050-489 PARTS FOR WATER SAMPLE TAP Public Works - Spring Park 29.75 GOPHER ACE 02/27/2023 120655 14656 701-49800-215 DRILL BIT, MISC NUT AND BOLTS 13.99 GOPHER ACE 02/27/2023 120655 14662 602-49450-489 RUG PROTECTOR FOR I/I INSPECTIONS Sewer 12.99 GOPHER ACE 02/27/2023 120655 14681 701-49800-215 MISC. NUTS AND BOLTS .60 GOPHER ACE 02/27/2023 120655 14687 101-43000-224 SUPPLIES FOR SHOP Public Works Department 30.57 GOPHER ACE 02/27/2023 120655 14727 101-43000-224 SPRAY PAINT Public Works Department 13.98 GOPHER ACE 02/27/2023 120655 14751 601-49400-227 VALVE FOR METER Water 19.99 GOPHER ACE 02/27/2023 120655 14753 101-43000-224 SUPPLIES FOR SHOP Public Works Department 11.16 GOPHER ACE 02/27/2023 120655 14774 101-43000-489 MISC. NUTS AND BOLTS Public Works Department 3.48 GOPHER ACE 02/27/2023 120655 14779 701-49800-215 MISC. NUTS AND BOLTS 30.48 Total 120655:389.44 GRAFIX SHOPPE 02/27/2023 120656 148938 101-42110-402 SQUAD #269 DAMAGE REPAIR Police Department 565.00 Total 120656:565.00 GUARDIAN FLEET SAFETY 02/27/2023 120657 22-0844 101-42110-402 SQUAD MAINT - DURANGO HEADLIGHT Police Department 92.85 GUARDIAN FLEET SAFETY 02/27/2023 120657 23-0063 101-42110-550 SQUAD SETUP #271 Police Department 2,020.06 GUARDIAN FLEET SAFETY 02/27/2023 120657 23-0102 101-42110-550 SQUAD SETUP #206 Police Department 148.17 Total 120657:2,261.08 HAWKINS INC 02/27/2023 120658 6402232 601-49400-216 CHLORINE TANKS Water 70.00 Total 120658:70.00 HEATHER GEHLEN 02/27/2023 120659 2023.02 101-42110-441 NOTARY FEE REIMB Police Department 23.28 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120659:23.28 HENNEPIN COUNTY CHIEFS OF 02/27/2023 120660 02/02/2023 101-42110-433 2023 HENNEPIN CHIEFS Police Department 330.00 HENNEPIN COUNTY CHIEFS OF 02/27/2023 120660 2022.12 101-42110-433 2021 AND 2022 MEMBERSHIP Police Department 570.00 Total 120660:900.00 HENNEPIN COUNTY INFOR TE 02/27/2023 120661 1000198556 101-42110-414 RADIO LEASE Police Department 2,831.96 Total 120661:2,831.96 HENNEPIN COUNTY SHERIFF 02/27/2023 120662 1000198931 101-41600-309 JAIL INVOICES Law/Legal Services 543.97 Total 120662:543.97 IN CONTROL INC.02/27/2023 120663 S-INV00328 601-49400-489 BATTERY FOR SCADA Water 232.62 IN CONTROL INC.02/27/2023 120663 S-INV00329 601-49400-405 SCADA SERVICE Water 968.50 Total 120663:1,201.12 International Union Local #49 02/27/2023 120664 LOCAL49022 101-21707 LOCAL 49 DUES - 2/2023 420.00 Total 120664:420.00 JDD STUDIO LTD 02/27/2023 120665 507 101-45210-404 KITCHEN DESIGN Golf Course 2,550.00 Total 120665:2,550.00 LAW ENFORCEMENT LABOR S 02/27/2023 120666 LAW022323 101-21707 LELS DUES - LOCAL 168 2/2023 337.50 LAW ENFORCEMENT LABOR S 02/27/2023 120666 LAW022323 101-21707 LELS DUES - LOCAL 40 2/2023 1,401.36 Total 120666:1,738.86 LEAGUE DEFENSE FUND 02/27/2023 120667 2023.02 101-42110-433 2023 LDF RENEWAL Police Department 200.00 Total 120667:200.00 LEAGUE OF MN CITIES 02/27/2023 120668 376836 101-41300-437 LMC DAY ON THE HILL - ALISA BENSON Administration 125.00 LEAGUE OF MN CITIES 02/27/2023 120668 376837 101-41300-437 LOSS CONTROL WORKSHOP - ALISA BENSON Administration 20.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120668:145.00 LEOWEBPROTECT.com 02/27/2023 120669 4344 101-42110-433 MONTHLY SUBSCRIPTION Police Department 155.50 Total 120669:155.50 LOGIS 02/27/2023 120670 53122 101-42110-310 POLICE RECORDS 1/23 Police Department 8,119.00 LOGIS 02/27/2023 120670 53122 710-49970-413 HOSTED BACKUPS 1/23 1,125.00 LOGIS 02/27/2023 120670 53122 710-49970-311 HOSTED SERVERS 12/22 1,399.00 LOGIS 02/27/2023 120670 53122 710-49970-311 HOSTED COMPLIANCE ARCHIVE 1/23 537.00 LOGIS 02/27/2023 120670 53122 710-49970-311 HOSTED WATCHGUARD 1/23 650.00 LOGIS 02/27/2023 120670 53122 710-49970-311 FIBER SERVICES 1/23 163.00 LOGIS 02/27/2023 120670 53122 710-49970-329 INTERNET 1/23 600.00 LOGIS 02/27/2023 120670 53199 405-48500-575 FIBER PROJECT 1,170.00 LOGIS 02/27/2023 120670 53281 101-41900-221 TOKEN Central Services 15.00 LOGIS 02/27/2023 120670 53281 710-49970-416 ADOBE LICENSING 1,751.04 LOGIS 02/27/2023 120670 53281 101-42110-575 PD SWITCHES Police Department 3,376.92 LOGIS 02/27/2023 120670 53281 405-48500-575 HC FIBER CONNECTION 23,920.50 Total 120670:42,826.46 MANSFIELD OIL COMPANY 02/27/2023 120671 24004319 101-42110-212 UNLEADED FUEL Police Department 4,812.59 MANSFIELD OIL COMPANY 02/27/2023 120671 24004527 701-49800-212 DIESEL FUEL 1,887.71 MANSFIELD OIL COMPANY 02/27/2023 120671 24004541 701-49800-212 DIESEL FUEL 1,324.62 Total 120671:8,024.92 MARSHALL, CAREY 02/27/2023 120672 2023.02 MA 101-32240 DOG PARK PASS REFUND - 3795 TOGO RD 10.00 Total 120672:10.00 METLIFE SMALL BUSINESS CE 02/27/2023 120673 METLIFE022 101-21709 DENTAL INSURANCE 3/23 2,838.23 Total 120673:2,838.23 MINNESTRISTA POLICE DEPAR 02/27/2023 120674 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS Special Services 500.05 Total 120674:500.05 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN CHIEF OF POLICE ASSN 02/27/2023 120675 14265 101-42110-437 TRAINING - TIM SONNEK, TONY WITTKE AND KE Police Department 1,775.00 Total 120675:1,775.00 MN DEPT OF HEALTH 02/27/2023 120676 01/01/2023-0 601-20802 2023-1ST QTR WATER TEST FEE 2,818.80 Total 120676:2,818.80 MN POLICE & PEACE OFFICER 02/27/2023 120677 2023 MPPO 101-42110-433 2023 MPPOA DUES -FARNIOK Police Department 60.00 Total 120677:60.00 NAVARRE HARDWARE 02/27/2023 120678 340616 101-43000-224 SALT PUCKS FOR DRAINAGE Public Works Department 24.99 NAVARRE HARDWARE 02/27/2023 120678 340762 101-41900-223 CLEANING SUPPLIES Central Services 36.96 NAVARRE HARDWARE 02/27/2023 120678 340776 601-49400-223 SOUTH WATER PLANT REPAIRS Water 17.18 NAVARRE HARDWARE 02/27/2023 120678 340808 601-49400-223 NUTS AND BOLTS Water 7.98 NAVARRE HARDWARE 02/27/2023 120678 340811 601-49400-489 UPS SHIPPING WATER SAMPLES Water 13.79 Total 120678:100.90 NCPERS GROUP LIFE INS.02/27/2023 120679 PERALIFE02 101-21710 PERA LIFE 3/2023 368.00 Total 120679:368.00 Newegg Business Inc 02/27/2023 120680 1304323100 710-49970-221 DELL COMPUTER 419.99 Total 120680:419.99 NOVA COMMUNICATIONS INC 02/27/2023 120681 157462 710-49970-401 PHONE SUPPORT 45.00 NOVA COMMUNICATIONS INC 02/27/2023 120681 157547 101-41900-401 PHONE SUPPORT - CHANGE MESSAGE Central Services 45.00 Total 120681:90.00 OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2762087330 101-45210-201 GC TONER Golf Course 145.92 OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2859298600 101-45210-201 INK CARTRIDGE Golf Course 55.83 OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2889047810 101-41900-201 W2'S Central Services 39.49 OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2900941450 101-42110-201 OFFICE SUPPLIES Police Department 192.53 OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2901418330 101-42110-201 MISC SUPPLIES Police Department 13.93 OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2908051090 101-41900-201 OFFICE/KITCHEN SUPPLIES Central Services 102.34 OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2908065980 101-41900-201 TAPE Central Services 18.57 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2908065990 101-41900-201 PENS Central Services 26.24 OPD BUSINESS SOLUTIONS LL 02/27/2023 120682 2923151620 101-41900-221 CHAIR MAT Central Services 88.10 Total 120682:682.95 OPEIU - LOCAL 12 02/27/2023 120683 LOCAL12022 101-21707 UNION DUES - LOCAL 12 2/2023 757.50 Total 120683:757.50 Orono Woods Apartments LLC 02/27/2023 120684 2022 tiff pymt 235-45690-489 TIF PAYMENT 2022 78,339.27 Total 120684:78,339.27 Perry's Truck Repair 02/27/2023 120685 54239 701-49800-222 TRUCK LOAD BALANCERS 870.00 Total 120685:870.00 PTM DOCUMENT SYSTEMS 02/27/2023 120686 0084301 101-41900-201 W-2 FORMS 2022 Central Services 26.72 Total 120686:26.72 QUADIENT INC 02/27/2023 120687 2023.01 POS 101-41900-201 SUPPLY PURCHASE Central Services 49.40 QUADIENT INC 02/27/2023 120687 2023.01 POS 101-41900-322 POSTAGE REFILL Central Services 1,000.00 Total 120687:1,049.40 QUADIENT INC 02/27/2023 120688 N9808585 101-41900-401 POSTAGE MACHING LEASE 3/16/23-06/15/23 Central Services 483.63 Total 120688:483.63 QUALITY FLOW SYSTEMS INC 02/27/2023 120689 44377 602-49450-406 LS REPAIRS-INSTALL NEW TRANSDUCER LS10 Sewer 1,522.50 Total 120689:1,522.50 Reinders Inc.02/27/2023 120690 3093315-00 101-41900-223 ICE MELT Central Services 250.27 Total 120690:250.27 REPUBLIC SERVICES #894 02/27/2023 120691 0894-006102 101-41900-404 TRASH SERVICE 1/1/23-1/31/23 Central Services 890.34 REPUBLIC SERVICES #894 02/27/2023 120691 0894-006102 101-43100-404 TRASH SERVICE 1/1/23-1/31/23 Brush Site 40.47 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount REPUBLIC SERVICES #894 02/27/2023 120691 0894-006102 101-45200-404 TRASH SERVICE 1/1/23-1/31/23 Parks 991.52 REPUBLIC SERVICES #894 02/27/2023 120691 0894-006102 101-45210-404 TRASH SERVICE 1/1/23-1/31/23 Golf Course 101.17 Total 120691:2,023.50 RITEWAY BUSINESS FORMS 02/27/2023 120692 23-85026 602-49450-201 UB BILL - PAPER STOCK Sewer 537.27 Total 120692:537.27 ROGERS POLICE DEPARTMEN 02/27/2023 120693 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 7,394.03 Total 120693:7,394.03 SAFE KIDS WORLDWIDE 02/27/2023 120694 CMS-PMT-62 101-42110-433 MEMBERSHIP CAR SEATS WHITE Police Department 95.00 Total 120694:95.00 SHERWIN WILLIAMS 02/27/2023 120695 2491-0 101-41900-223 PAINT FOR CITY HALL Central Services 301.36 SHERWIN WILLIAMS 02/27/2023 120695 4566-4 101-41900-223 PAINT SUPPLIES Central Services 11.04 SHERWIN WILLIAMS 02/27/2023 120695 5466-4 101-41900-223 PAINT SUPPLIES Central Services 11.04 SHERWIN WILLIAMS 02/27/2023 120695 5522-4 101-41900-223 PAINT SUPPLIES Central Services 20.54 SHERWIN WILLIAMS 02/27/2023 120695 5542-2 101-41900-223 PAINT FOR CITY HALL Central Services 267.58 Total 120695:611.56 SNAP-ON TOOLS INC 02/27/2023 120696 0213231498 701-49800-240 SHOP TOOLS- SOCKET 28.25 Total 120696:28.25 SOUTH LAKE MINNETONKA PO 02/27/2023 120697 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 8,300.75 Total 120697:8,300.75 STEVE STURM 02/27/2023 120698 2023.02 101-42110-226 UNIFORMS - REIMB Police Department 39.99 Total 120698:39.99 STREICHERS POLICE EQUIP 02/27/2023 120699 1615474 101-42110-226 UNIFORMS - FOURNIER Police Department 206.98 STREICHERS POLICE EQUIP 02/27/2023 120699 1615717 101-42110-226 UNIFORMS LYREK Police Department 741.93 STREICHERS POLICE EQUIP 02/27/2023 120699 1616477 101-42110-226 UNIFORMS - MCCOY Police Department 199.99 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount STREICHERS POLICE EQUIP 02/27/2023 120699 1616493 101-42110-226 UNIFORMS - FOURNIER Police Department 56.98 Total 120699:1,205.88 SUN LIFE FINANCIAL 02/27/2023 120700 SHORTTER 101-21714 STD- FEB/2023 1,036.80 SUN LIFE FINANCIAL 02/27/2023 120700 SUPPLIFE02 101-21710 LIFE INSURANCE - 2-2023 1,426.90 Total 120700:2,463.70 TACTICAL SOLUTIONS 02/27/2023 120701 9388 101-42110-403 RADAR RECERTS Police Department 596.00 Total 120701:596.00 TALLEN AND BAERTSCHI 02/27/2023 120702 FEBRUARY 101-41600-306 PROSECUTION SERVICES-2/2023 Law/Legal Services 3,290.12 Total 120702:3,290.12 THE HARTFORD 02/27/2023 120703 LONGTERM 101-21713 LTD 2- 2023 174.52 Total 120703:174.52 TOLL GAS & WELDING SUPPLY 02/27/2023 120704 10498559 101-43000-415 ARGON Public Works Department 173.96 TOLL GAS & WELDING SUPPLY 02/27/2023 120704 10499880 101-43000-224 WELDING SUPPLIES Public Works Department 129.24 Total 120704:303.20 TROPHIES BY LINDA 02/27/2023 120705 47308 101-42110-240 RECOGNITION PLAQUE Police Department 23.50 Total 120705:23.50 TWIN CITY FIREPLACE & STON 02/27/2023 120706 2023.02 TWI 101-32510 OVER PYMT REFUND - M23-000015 90 CREEK RI 100.00 TWIN CITY FIREPLACE & STON 02/27/2023 120706 2023.02 TWI 101-20802 OVER PYMT REFUND - M23-000015 90 CREEK RI 4.00 Total 120706:104.00 UNIFIRST CORPORATION 02/27/2023 120707 090 0735775 101-41900-223 RUGS CITY HALL/ CC Central Services 69.01 UNIFIRST CORPORATION 02/27/2023 120707 090 0750786 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 02/27/2023 120707 090 0750786 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 02/27/2023 120707 090 0750786 101-45200-226 UNIFORMS-PARKS Parks 36.77 UNIFIRST CORPORATION 02/27/2023 120707 090 0750786 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.77 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 02/27/2023 120707 090 0750786 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.77 UNIFIRST CORPORATION 02/27/2023 120707 090 0750786 101-43000-226 UNIFORMS - PW Public Works Department 36.78 UNIFIRST CORPORATION 02/27/2023 120707 090 0750786 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.78 UNIFIRST CORPORATION 02/27/2023 120707 090-0749419 101-43000-404 RUGS - PW Public Works Department 22.93 UNIFIRST CORPORATION 02/27/2023 120707 090-0749419 701-49800-221 SHOP TOWELS - PW 6.96 UNIFIRST CORPORATION 02/27/2023 120707 090-0749419 101-45200-226 UNIFORMS-PARKS Parks 36.77 UNIFIRST CORPORATION 02/27/2023 120707 090-0749419 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.77 UNIFIRST CORPORATION 02/27/2023 120707 090-0749419 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.77 UNIFIRST CORPORATION 02/27/2023 120707 090-0749419 101-43000-226 UNIFORMS - PW Public Works Department 36.78 UNIFIRST CORPORATION 02/27/2023 120707 090-0749419 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.78 Total 120707:496.53 VERIZON WIRELESS 02/27/2023 120708 992703152 101-41900-321 VERIZON BILL 02/07/2023-03/06/2023 Central Services 267.45 VERIZON WIRELESS 02/27/2023 120708 992703152 101-42110-321 VERIZON BILL 02/07/2023-03/06/2023 Police Department 1,815.34 VERIZON WIRELESS 02/27/2023 120708 992703152 101-42400-321 VERIZON BILL 02/07/2023-03/06/2023 Building & Zoning 162.36 VERIZON WIRELESS 02/27/2023 120708 992703152 101-43000-321 VERIZON BILL 02/07/2023-03/06/2023 Public Works Department 304.92 VERIZON WIRELESS 02/27/2023 120708 992703152 101-43100-321 VERIZON BILL 02/07/2023-03/06/2023 Brush Site 75.02 VERIZON WIRELESS 02/27/2023 120708 992703152 101-45200-321 VERIZON BILL 02/07/2023-03/06/2023 Parks 120.04 VERIZON WIRELESS 02/27/2023 120708 992703152 101-45210-321 VERIZON BILL 02/07/2023-03/06/2023 Golf Course 80.03 VERIZON WIRELESS 02/27/2023 120708 992703152 601-49400-321 VERIZON BILL 02/07/2023-03/06/2023 Water 156.23 VERIZON WIRELESS 02/27/2023 120708 992703152 602-49450-321 VERIZON BILL 02/07/2023-03/06/2023 Sewer 110.03 Total 120708:3,091.42 WELDON, BRENT 02/27/2023 120709 020923 101-43000-226 WORK BOOTS Public Works Department 250.00 Total 120709:250.00 WEST HENNEPIN PUBLIC SAFE 02/27/2023 120710 2023.02 101-43280-438 1ST QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 4,102.18 Total 120710:4,102.18 WESTONKA COMMUNITY & CO 02/27/2023 120711 2023.02 101-42110-433 CHAMBER MEMBERSHIP Police Department 100.00 Total 120711:100.00 WILLIAMS TOWING INC 02/27/2023 120712 #23-14305 101-42110-402 SQUAD MAINT 2018 FORD EDGE Police Department 209.00 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 2/14/2023 - 2/27/2023 Feb 23, 2023 11:16AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120712:209.00 Wright-Hennepin Coop Electric 02/27/2023 120713 3503025621 101-43100-381 BRUSH SITE 1/01/23-02/01/23 Brush Site 32.62 Wright-Hennepin Coop Electric 02/27/2023 120713 3503025621 101-45210-381 GC SECURITY 3/31/2023 Golf Course 41.82 Wright-Hennepin Coop Electric 02/27/2023 120713 3503025621 101-43000-381 ELECTRICAL SERVICE 1/01-02/01/23 Public Works Department 250.94 Total 120713:325.38 THE HOME DEPOT 02/14/2023 201303 012023 101-41900-223 CLEANING SUPPLIES Central Services 88.45 THE HOME DEPOT 02/14/2023 201303 012023 101-43000-224 MAIL BOX REPAIRS (SUPPLIES)Public Works Department 70.81 THE HOME DEPOT 02/14/2023 201303 012023 101-43000-404 WOOD TO REPAIR SALT SHED Public Works Department 49.21 THE HOME DEPOT 02/14/2023 201303 012023 101-43000-489 LATE FEE Public Works Department 29.00 Total 20130329:237.47 Grand Totals: 623,613.48 EBERT COMPANIES EBERT COMPANIES RFP#2 ORONO PW BUILDING RFP#2 ORONO PW BUILDING 440-48970-500 440-20600 216,969.35 -10,848.47 206,120.88 Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this item is to approve a contract for the City of Orono to provide Public Works (PW) support to the City of Spring Park (SP). 2. Background. In June of 2021 the cities of Orono and Spring Park approved the Agreement for Orono to provide Public Works Services to Spring Park beginning in September of 2021. The City of Spring Park has requested the agreement be amended to run from January to January to better fit with budgeting timelines. 3. Staff Recommendation. I recommend approval of the amendment. It will clarify the alignment of the contract and it budget impact to the budget cycle. The Orono City Attorney drafted the amendment. Council Action Requested: Motion to approve the agreement amendment attached at Exhibit A. Exhibits A. Agreement Amendment B. Agreement Item No.: 2 Date: February 27, 2023 Item Description: Amendment to Agreement with Spring Park for the Provision of Public Works Service Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda 1 225104v1 FIRST AMENDMENT TO AGREEMENT FOR PUBLIC WORKS SERVICE This FIRST AMENDMENT TO AGREEMENT FOR PUBLIC WORKS SERVICE (“First Amendment”) is made this ___ day of ____________________, 2023 by and between the City of Orono, a Minnesota municipal corporation (“Orono”) and the City of Spring Park (“Spring Park”), a Minnesota municipal corporation. Orono and Spring Park are referred to herein individually as a Party and collectively as the Parties. RECITALS WHEREAS, Orono and Spring Park entered into an Agreement for Public Works Service dated June 28, 2021 (“Agreement”); and WHEREAS, the Parties wish to amend the Agreement to clarify and confirm the date upon which the annual rate adjustment occurs. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. Amendment. Section 10. a. is amended to read as follows: Baseline Public Works Services Cost. $191,000.00 per year. This amount will be paid in twelve (12) monthly installments. Regardless of the effective date of the Agreement, this annual rate shall be adjusted annually on January 1 based on the COLA rate change per the Orono Public Works Collective Bargaining Agreement. 2. Recitals. The Recitals set forth above are hereby incorporated in this First Amendment as though they were set forth in the body of this First Amendment. 3. Terms and Conditions of Agreement. All other terms, covenants and conditions of the Agreement remain in full force and effect except as modified by this First Amendment. [Remainder of page intentionally blank. Signatures follow.] 2 225104v1 IN WITNESS WHEREOF the Parties hereto have executed this First Amendment as of the day and year first above written. City of Orono Dennis Walsh, Mayor Attest: Anna Carlson, City Clerk City of Spring Park Mayor Attest: City Clerk AGREEMENT FOR PUBLIC WORKS SERVICE This Agreement("Agreement") is made effective this aetay of 2021, by and between the City of Orono, a Minnesota municipal corporation("Orono"), and the City of Spring Park("Spring Park"), a Minnesota municipal corporation. 1. Purpose. This Agreement provides that Orono shall furnish public works services to Spring Park based upon the terms and conditions described herein,under authority of Minn. Stat. § 471.59. 2. Responsibilities of Spring Park. a. Maintain and make available to Orono all information necessary to perform public works services. b. Provide access to facilities and infrastructure to Orono Public Works Personnel. c. Pay to Orono all amounts due hereunder in a timely fashion, including but not limited to the cost of repairs,parts,and material supplied by Orono, and the charges from independent contractors of Orono. d. Continue to provide sufficient capital investment in city infrastructure and facilities to ensure their long term viability. 3. Responsibilities of Orono. a. Perform Public Works Services for Spring Park as described in Exhibit A. b. Orono shall submit to Spring Park a monthly report of services rendered and charges due in such detail as Spring Park may reasonably require, as well as periodic suggestions related to the services. Orono shall provide inspection reports,timesheets, invoices,receipts, and other information for the permanent records kept by Spring Park. c. Provide a monthly, written report to designated officials of Spring Park,summarizing plant performance, production, flows, major projects or accomplishments,and preventive and corrective maintenance activities for the month. 4. Level of Public Works Services Provided. Orono agrees to furnish public works services to Spring Park 24 hours per day, seven days a week at the same level and quality as rendered to the citizens of Orono. The manner and means of performing the services are to be determined by Orono, except as specifically provided to the contrary in this agreement. 5. Personnel,Employees of Orono. Orono shall retain all obligations with regard to the salary,workers' compensation benefits, PERA,health insurance, and other benefits of such employees that Orono may offer to its employees. Orono shall retain full control of the way the work and other matters incidental to the performance of services is performed pursuant to this Agreement.Nothing in this Agreement shall be construed to obligate Orono to provide benefits to employees who are not eligible for those benefits. Spring Park shall have none of the responsibilities which arise out of the employer-employee relationship with respect to personnel assigned by Orono to provide services hereunder, except as provided in paragraph 9. 6. Equipment. Vehicles,tools, and equipment used in the performance of this Agreement shall remain the property of Orono. Equipment that is a permanent part of or specific to Spring Park facilities and infrastructure are the property and responsibility of Spring Park, and Spring Park shall be responsible for 1 replacement and repair of said equipment as needed. Spring Park waives any claim it may have against Orono for damage to its equipment. 7. Cooperation and Assistance. Spring Park shall provide full cooperation and assistance to Orono, its agents, and employees in rendering of these services. 8. Duration of Contract. The initial term of this agreement shall be five(5)years commencing on September 1,2021,and the Agreement shall automatically be extended for additional five(5)year terms without any action of the parties. The parties acknowledge that they must follow the termination procedure in paragraph 9 if they wish to avoid the automatic renewal of this Agreement. 9. Termination of Agreement. This Agreement shall be in full force and will automatically continue unless terminated by either party. In order to terminate this Agreement, a party must provide written notice to the other party at least one(1)year in advance of termination.If notice of termination is properly given,this Agreement shall terminate as of the date set forth in the notice,which shall not in any event be less than one(1)year from the date of said notice.Any amounts due to Orono shall become immediately due and payable on the date this Agreement terminates.If Spring Park terminates this Agreement before the conclusion of any five-year term, then Spring Park shall be responsible for any unemployment claims that arise from the termination of this agreement for a period of two(2)years from the termination date. If Orono provides notice to terminate this Agreement at the end of a five-year term, Orono shall be responsible for any unemployment claims that arise from the termination. 10. Cost to Spring Park.For and in consideration of the rendition of the services, Spring Park shall make payments to Orono as follows: a. Baseline Public Works Services Cost. $191,000.00 per year. The amount will be paid in twelve 12)monthly installments. This annual rate shall be adjusted annually based on the COLA rate change per the Orono Public Works Collective bargaining agreement. b. Pass through costs. Any supplies or materials will be passed through for Spring Park to pay directly or will be billed to Spring Park at cost. Any overtime beyond the 100 hours per year included in the baseline rate will be billed directly to Spring Park as it occurs at the current overtime rates. Applicable rates will be provided to Spring Park on an annual basis as the Orono fee schedule is approved. c. Software Costs. Cost associated with maintaining the software licenses,database management for asset management,and GIS will be passed through to Spring Park at cost. d. Cost Review. One year after the effective date of this Agreement,an audit of actual expenses associated with the Baseline Public Works Services Cost will be reviewed. Upon agreement by both parties,the Baseline Public Works Services Cost may be adjusted. The adjustment shall be no more than 7%and said adjustment shall cover Orono's expenses and administrative costs. If the parties are unable to reach a mutual agreement regarding an adjustment of the Baseline Public Works Services Cost,then the Baseline Public Works Services Cost shall remain the same. e. Implementation Costs. Spring Park shall reimburse Orono for the cost associated with training and familiarizing Orono Staff with Spring Park infrastructure. These costs shall not exceed$9,000. 2 11. Invoicing. Orono shall bill Spring Park within 15 days after the last day of each month for which services were rendered,and Spring Park shall remit payment thereon by the first day of the month following receipt of the bill. 12. Emergency Repair Authority. During emergencies or in response to infrastructure issues after hours, Spring Parks authorizes Orono Staff to make repairs or contract for repairs up to$15,000. Orono staff will contact Spring Park City Administrator as soon as practical to get authorization for any additional repairs that may be required. 13. Insurance.Orono shall maintain workers' compensation insurance as required by law covering its own personal and commercial general liability insurance, or its equivalent, in the amount of not less than 2,000,000 per occurrence. Orono shall add Spring Park as an additional insured to its liability coverage. Orono shall furnish Spring Park with a certificate of insurance as to the policies in force. In addition, Orono shall require any independent contractors providing services in Spring Park to procure and maintain insurance with limits of liability not less than those provided herein. 14. Indemnification and Liability. Each party shall be liable for the acts or omissions of its respective officers, agents and employees. Each party agrees to indemnify and hold harmless the other from any claims, losses, costs, expenses or damages, including reasonable attorney fees, resulting from the acts or omissions of the respective officers, agents or employees of the indemnifying party to the extent such acts or omissions relate to activities conducted by the indemnifying party under this Agreement. Nothing herein shall be deemed a waiver of any statutory or common law limitations on liability available to either of the parties. For the purposes of determining total liability,the parties shall be considered a single governmental unit pursuant to Minnesota Statutes, Section 471. 59, subd. la, and their total liability shall not exceed the limits for a single governmental unit as specified in Minnesota Statutes, Section 466.04. 15. Data Practices.The parties agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,and all other applicable state or federal rules, regulations,or orders pertaining to privacy or confidentiality.The parties understand that all of the data created,collected,received,stored,used,maintained, or disseminated by Orono or Spring Park pursuant to this Agreement is subject to the requirements of Chapter 13, and the parties must comply. 16. Waiver. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 17. Entire Agreement.It is understood that this Agreement contains the entire Agreement between Orono and Spring Park and that no statement,promise, or inducement made by any party hereto,or officer,agent or employee of either party hereto which is not contained in this written Agreement shall be valid or binding;this Agreement may not be enlarged,modified,or altered except in writing signed by the parties endorsed hereon. It is expressly understood between the parties hereto,and this understanding shall be considered when interpreting the provisions of this Agreement,that upon notice given by any party hereto,good faith 3 negotiations may be undertaken for the purpose of revising,adding to or striking any provision or provisions of this Agreement which appear to be unworkable. Any mutually acceptable change to the original provisions of this Agreement shall be written and attached to the Agreement as provided above and any such revision, addition,or deletion shall only apply to the provision revised,added or deleted,and the remainder of the Agreement shall remain in full force and effect. 18. Venue.This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota.All proceedings related to this Agreement shall be venued in Hennepin County,Minnesota. 19. Official Notices.All notices shall be in writing and considered to have been duly given if sent by first class certified mail or delivered to the address as set forth below by reputable overnight delivery service or local messenger, or to such other address as such party may hereafter designate by written notice to the other party.Notices given by certified mail shall be effective two(2)business days after their postmark; notices delivered by overnight delivery service or local messenger shall be effective upon receipt or refusal of receipt; and notices by email shall be effective upon delivery, provided that if an email notice is delivered after 5:00 PM or on a non-business day,then such email notice shall be effective on the next business day.Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified,ten(10)days prior to the effective date of such change.Notice by or to a party shall be effective if delivered by or to such party's attorney. To Spring Park:City of Spring Park 4349 Warren Avenue Spring Park,MN 55384 To Orono: City of Orono,Minnesota Orono City Hall 2750 Kelley Parkway Orono,MN 55356 Attn: City Administrator Copy to: Campbell Knutson,P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Attn: Soren Mattick 4 IN WITNESS WHEREOF,the Cityof Orono and the City of Spring Park have executed this ContractP this 9 01 day Jun 2021. City of Orono D-1.9223.0) Mayor Dennis Walsh Attest: Al141/./, A na Carlson,City Clerk City of Spring P., IA' tir Attest: Clerk 001 5 Exhibit A Services to be provided by Orono Orono Public Works will: 1. Maintain Spring Parks Water and Waste Water Systems.Provide the personnel necessary to manage, operate,and maintain Spring Park's water production,treatment,storage and distribution facilities as well as the wastewater collection system to achieve optimum performance and to maintain equipment for system integrity. A.Monitor, sample, analyze, and report as required by the Minnesota Department of Health MDOH) in matters related to municipal water supply. Process control testing include those tests necessary to maintain the daily operation of the water treatment system(pH, iron and manganese, chlorine residual, etc.). Any additional testing required by regulatory agencies such as but not limited to bacteria, inorganic chemicals,synthetic organic chemicals and volatile organic chemicals will be sent to a commercial laboratory for completion. The cost of shipping and the laboratory analysis of the samples shall be the responsibility of Spring Park. B. Monitor, sample, analyze, and report as required by any agreement between Spring Park and the Met Council with respect to the wastewater pumped to the Met Council for treatment. For any testing required by the Met Council,Orono shall collect the samples and send them to a commercial laboratory for analysis. The cost of shipping and the laboratory analysis of the samples shall be the responsibility of Spring Park. C. Act as liaison between Spring Park and the MDH,DNR,and Met Council in matters relating to compliance with water quality and discharge requirements, and other liaison activities, as required. D. Implement the use of a comprehensive, preventative maintenance program in an attempt to ensure the projected life expectancy of water plant equipment, and enforce existing equipment warranties and guarantees, and maintain all warranties on any new equipment purchased after the effective date of this Agreement. E. During normal business hours, complete all requests for customer"turn-ons" and"turn-offs". F. Replace malfunctioning water meters and curb stops. Spring Park shall provide the meters and supplies necessary for these activities. Orono Public Works shall read the water meters quarterly,providing the readings to Spring Park's staff, and will complete any requested "re-reads" and "final reads". Spring Park shall be responsible for hiring a contractor to conduct the mass change out of meters. G. Flush and inspect fire hydrants a minimum of once each year,performing hydrant maintenance and lubrication as necessary. H. Inspect and exercise water main valves a minimum of once per year. I. Orono Public Works will be responsible for coordinating any repairs to the water distribution or wastewater collection systems,using contractors approved by Spring Park. J. Monitor the operation of the wastewater collection system lift stations and conduct a visual inspection of each at least weekly. Coordinate the annual cleaning of and any required repairs of the six wastewater collection system lift stations including generators. K. Complete all water/sewer line, storm sewer, and municipal streetlight locates of the portions of the system owned by the city and requested by the Gopher State One Call System. Any fees for participating in this program shall remain the responsibility of Spring Park. L. Clean/flush/vacuum sewer mains and structures as needed and ensure 100%of sewer mains are flushed a minimum of once every 5 years. Inspect and coordinate the cleaning of known problem areas within the sanitary sewer system as needed. M. Inspect all new water/sewer service lines connecting to Spring Park's water and sewer mains. 6 N. Maintain cleanliness of water process equipment and building, and general appearance of all buildings and grounds, and conduct operations such that nuisances of sight, sound, and odor are eliminated or minimized to the extent reasonably possible. Spring Park shall be responsible for all snow removal,grass mowing,and the maintenance of access to the facilities. 2. Maintain Spring Parks Streets. A. Street sweeping of all city streets twice annually(spring and fall) and spot sweep as necessary. B. Completing repairs and maintenance as needed C. Coordinating and scheduling painting of crosswalks and pavement striping by contractors. D. Installing, inspecting and repairing signs. E. Posting road restrictions F. Cutting grass and weeds at intersections as needed G. Coordinating maintenance of city owned streetlights H. Installing and removing banners,flags,and decorations on municipal street lights. I. Periodically inspect sidewalks and coordinating repairs and maintenance as needed. J. Orono Public Works will be responsible for coordinating repairs and contracted preventive maintenance activities of city streets and sidewalks using contractors approved by Spring Park. K. Spring Park will remain responsible for coordinating and scheduling snow removal from streets and sidewalks. 3. Maintain Spring Parks Storm Sewer. A. Cleaning culverts and drains B. Picking up debris in ditches and retention basins C. Completing minor repairs and maintenance as needed D. Perform routine inspections of the system. E. Coordinating for major repairs to the City's storm water system using contractors approved by Spring Park. F. Assist with the completion of routine stormwater reports and activities as required by MPCA, DNR, and MCWD. 4. Maintain Spring Park's parks, City Hall , trees and tennis court by: A. Coordinating and inspection contracted park maintenance. B. Spot mowing and trimming as necessary. C. Trimming public trees as necessary. D. Coordinating and scheduling substantial tree removal and trimming work with contractors, which shall be hired by Spring Park. E. Inspecting, installing and repairing all park and tennis court equipment as necessary. F. Cleaning up debris. G. Managing weeds as necessary. H. Maintaining park parking lots. I. Maintaining and repairing City Hall and adjoining green space. J. Maintaining various public right-of-way areas throughout the City. K. Coordinating as necessary with landscaping and beautification contractor. L. Maintain and coordinate contracted maintenance and repair of water fountains and irrigation systems as needed using contractors approved by Spring Park. M. Conduct annual playground safety inspections. 5. Completing miscellaneous tasks, such as but not limited to thefollowing: A. Directing and supervising contractors and vendors. Spring Park's contractors will be responsible for providing the personnel, supplies and equipment necessary to complete assigned 7 repairs. Spring Park or its contractor shall also be responsible for the removal,replacement,and resurfacing of all streets or private property,and Spring Park shall be responsible for any associated expenses. B. Maintaining working knowledge of equipment and machinery used throughout the City. C. Prepare and maintain logs of all activities for accurate assessment of costs. D. Maintain all City owned property,buildings,and equipment in a clean and orderly manner. E. Work with engineers and building inspector on all required projects. F. Assist in the preparation of yearly departmental budgets. G. Attend City Council meetings as necessary. 6. City Services. Orono will provide Spring Park residents substantially similar access to services provided by the Orono public works as the citizens of Orono do. These services are subject to change but currently consist of spring and fall cleanup days, brush site, leaf and grass clippings drop off, compost and wood chip pick up point, and the annual Christmas tree drop off points. 7. Coordinate and cooperate with Spring Park's engineer and contractors to facilitate the completion of any expansion or improvement to the facilities. 8 AGENDA ITEM Prepared By: J. Lemons Reviewed By: Approved By: 1. Purpose. The purpose of the action item is to gain approval to dispose of a tractor used by the Parks Department. 2. Background / Summary. A tractor used by the Parks Department has experienced major mechanical issues that require repair or retirement. The tractor previously experienced a major engine issue in 2018. The tractor is used primarily for some light snow plowing in the winter and for occasional use at the golf course during the golf season. The tractor was originally purchased for mowing on Big Island but was made redundant by utilizing more efficient mowing options. 3. Options. a. Repair. The cost to replace the tractor engine is $16,000. The tractor has very low hours of use and the new engine would give us a reliable piece of equipment. The price to replace the engine is hard to justify because of how little the tractor is used. b. Trade-in. There is an option to trade in the tractor towards equipment that can be used with multiple engines within the fleet. The equipment acquired from the trade-in would allow us all the capabilities we had with the tractor and would not require any additional money spent to get us to that point. Retired equipment is usually sold at auction but staff believes that the trade-in will provide maximum value to the City of Orono while allowing the Parks Department to maintain the parks and golf course. In return for trading in the tractor, the city will receive a Lely tow behind spreader. The spreader will be used for fertilizer applications in the parks and golf course and also for sand topdressing of the golf course greens. The spreader has a value of $8000. 4. Staff Recommendation. Staff recommends Option B, trade-in of tractor for additional equipment. The trade-in will allow the Parks Department to maintain the parks and golf course in the same manner without the additional expense of repair. The tractor saw minimal use while in the fleet and any major repairs to it would be hard to justify. COUNCIL ACTION REQUESTED Motion to authorize disposal of tractor through a trade-in. Item No.: 3 Date: February 27, 2023 Item Description: Authorization to Dispose of Parks Equipment Presenter: Joshua Lemons Parks and Golf Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: RJO Reviewed By: Approved By: 1. Purpose. The purpose of this action item is to gain approval of the addition of No-Fault Sewer Insurance to the coverage provided by the League of Minnesota Insurance Trust (LMCIT). 2. Background. The city purchases liability insurance from the LMCIT. The current coverage pays for damages incurred by residents as the result of sewer backups that are deemed the City’s fault. However, not all sewer backups are caused by city negligence, and there is no insurance coverage for the property owner when the city is deemed not at fault. When a citizen learns that they will not be reimbursed for a backup it can lead to anger and lawsuits. Currently, when a backup occurs, Public Works staff responds and initiates the cleanup process. This happens prior to the determination of fault and obligates the city to some costs regardless of fault and is done to support the property owner during a frustrating and emotional situation. The addition of no-fault insurance coverage would be an extension of this support. In the past, the City did not quality for this coverage. However, recent improvements in maintenance standards (annual televising and cleaning of lines, use of GIS, I&I reduction efforts, addition of generators, annual CIP adoption, and main replacement/lining) has made the City eligible for the enhanced coverage. 3. Cost. The cost of the insurance is based on the amount of coverage chosen. The average sewer backup claim for the city is less than $25,000. The annual costs based on coverage levels are: 4. Funding. This purchase will be funded through the Insurance Fund. 5. Staff Recommendation. Staff recommends approval of the attached resolution authorizing the addition of. COUNCIL ACTION REQUESTED Motion to approve the attached resolution adding No-Fault Sewer Backup coverage to the City’s insurance coverages Exhibits A. Resolution B. LMCIT Coverage Guide Excerpt Item No.: 4 Date: February 27, 2023 Item Description: No-Fault Sewer Insurance - Resolution Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda Limit $10,000 $25,000 $40,000 Premium $ 3,413 $ 4,574 $ 5,700 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. XXXX RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS WHEREAS, the Governmental Unit provides water and sanitary sewer services to property within its jurisdiction; and WHEREAS, water main breaks may cause water to enter into property causing damage; and WHEREAS, blockages or other conditions in the Governmental Unit’s sanitary sewer lines may cause the back-up of sewage into properties that are connected to those Governmental Unit’s sanitary lines; and WHEREAS, water main breaks and sewer back-ups pose a public health and safety concern; and WHEREAS, it is often difficult to determine the exact cause and responsibility for water main breaks and sanitary sewer back-ups, and WHEREAS, the governing body of the Governmental Unit desires to encourage the expeditious clean-up of properties that have encountered damage from water main breaks and sewer back-ups; and WHERAS, the governing body of the Governmental Unit desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and WHEREAS, the Governmental Unit is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, LMCIT has offered the Governmental Unit limited “no fault” sewer coverage and water main break coverage that will reimburse users of the water and sewer system for certain clean-up costs and property damage regardless of whether the Governmental Unit is at fault. NOW THEREFORE, BE IT RESOLVED, as follows: The Governmental Unit, as part of the contract for providing water and sewer services to the customers of the Governmental Unit, and in consideration of the payment of water and sewer bills, agrees to reimburse water and sanitary sewer customers for up to $25,000 of clean-up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the Governmental Unit is negligent or otherwise legally liable for damages, subject to the following conditions: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. XXXX I. Sanitary Sewer Back-Ups. For Sanitary sewer back-ups: A. The back-up must have resulted from a condition in the Governmental Unit’s sanitary sewer system or lines, and not from a condition in a private line. B. The back-up must not have been caused by catastrophic weather or other events for which Federal Emergency Management Assistance is available. C. The back-up must not have been caused by an interruption in electric power to the Governmental Unit’s sewer system or to any Governmental Unit lift station, which continues for more than 72 hours. D. The back-up must not have been caused by rainfall or precipitation that would constitute a 100-year storm as determined by the National Weather Service. E. Neither the Governmental Unit nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner’s own homeowners’ or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the Governmental Unit or LMCIT will reimburse is $25,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the Governmental Unit’s sewer system is considered a single building. II. Water Main Breaks. For water main breaks: A. LMCIT will pay for claims presented by the Governmental Unit for water main break damage to property of others which was not caused by the Governmental Unit’s negligence. B. Neither the Governmental Unit nor LMCIT will pay for damages or expenses for which the property owner has been or is eligible to be reimbursed by any homeowners’ or other property insurance. C. The maximum amount that the Governmental Unit or LMCIT will reimburse is $25,000 to any claimant, regardless of the number of occurrences or the number of properties affected. D. Neither the Governmental Unit nor LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. XXXX 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant’s actual damages or $25,000. 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants’ preliminary reimbursement figures. ADOPTED this _______ day of ________________, ____, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Anna Carlson, City Clerk RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2022 LMCIT Liability Coverage Guide Page 34 The city’s liability coverage does, however, cover other types of liability claims that might arise from city hospital, nursing home, or clinic operations, including employment-related liability claims. Coverage applies even if the hospital, nursing home, or clinic is managed by a separate board or directly by the council. If there is a separate managing board, the members of that city board are automatically covered parties under the city’s liability coverage. These boards do not need to be specifically named as covered parties. 5. Municipal power or gas agency Minn. Stat. § 453.52. The statutes provide that a municipal power agency or municipal gas agency is legally a separate political subdivision and municipal corporation created by agreement between or among two or more cities. Thus, these organizations have some characteristics both of political subdivisions and of joint powers entities. Any city that participates in a municipal power or gas agency should make sure the agency has appropriate liability coverage. The city’s Trust liability coverage does not cover claims arising from the activities of a municipal power or gas agency. As a special purpose political subdivision, a municipal power or gas agency is eligible to become a member of LMCIT and obtain coverage. R. Sewer backups See Section II.R.2, No-fault sewer backup coverage. Liability coverage for sewer backups is a standard feature of LMCIT’s liability coverage. There are no specific exclusions for claims arising out of sewer backups for which the city is negligent in causing. LMCIT offers no- fault sewer backup coverage as an extra cost option to those cities who want to provide coverage to property owners irrespective of whether the backup was caused by city negligence. 1. Coverage limits and deductibles Sanitary Sewer Incentive Program. A mandatory deductible of $2,500 per occurrence applies to all liability claims for sanitary sewer backups caused by city negligence, unless the city participates in LMCIT’s sanitary sewer incentive program. Cities using a higher deductible on their liability coverage are not affected by this; cities using an aggregate limit are only impacted if the aggregate limit is reached and the maintenance deductible is less than $2,500; and cities using LMCIT’s no-fault sewer backup coverage automatically meet the criteria to avoid the mandatory minimum deductible. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2022 LMCIT Liability Coverage Guide Page 35 Sanitary Sewer Incentive Program. See LMCIT Sanitary Sewer Backup Incentive Questionnaire. To qualify for the sanitary sewer backup incentive, cities must complete a sanitary sewer system questionnaire and return it to LMCIT. If a city can confirm it meets the criteria, it will not be subject to the higher mandatory deductible. A city may certify they meet the criteria at any time. If qualification occurs midterm, LMCIT will issue an endorsement removing the minimum deductible. 2. No-fault sewer backup coverage As an option, no-fault sewer backup coverage is available for members that meet certain underwriting criteria. The optional coverage comes with an additional charge and will reimburse a property owner for cleanup costs and damages resulting from a city sewer backup or from a city water main break, irrespective of whether the backup was caused by city negligence. The no-fault sewer backup coverage option is intended to: • Reduce health hazards by encouraging property owners to cleanup backups as quickly as possible. • Reduce the frequency and severity of sewer backup lawsuits (property owners may be less inclined to sue if they receive conciliatory treatment at the time of the backup). • Give cities a way to address the sticky political problems that can arise when a property owner learns the city and LMCIT won’t reimburse for sewer backup damages because the city wasn’t negligent and therefore not legally liable. The legal basis for this coverage is that it helps reduce health hazards by encouraging prompt cleanups. This is clearly a public purpose and in the public interest. Additionally, the law and facts surrounding most sewer backup claims are rarely clear. There’s virtually always a way that a claimant’s attorney can make some type of argument for city liability. Having this coverage in place should help eliminate the need to spend public funds on litigation costs in many of these cases. Many cities and their citizens may find this coverage option to be a helpful tool. However, it’s also important to realize it’s not a complete solution to sewer backup problems, and not every possible backup will be covered. a. Coverage terms The no-fault coverage will reimburse the property owner for sewer backup damages or water main breaks, regardless of whether the city was legally liable, if the following conditions are met: RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2022 LMCIT Liability Coverage Guide Page 36 • The sewer backup resulted from a condition in the city’s sewer system. • The sewer backup was not the result of an obstruction or other condition in sewer pipes or lines which are not part of the city’s sewer system or which are not owned or maintained by the city. • The water main break damage to property of others was not caused by city negligence. • The sewer backup or water main break was not caused by or related to an excluded incident. • The date of the occurrence giving rise to the claim for sewer backup or water main damages must be on or after the retroactive date shown on the city’s endorsement. LMC information memo, National Flood Insurance Program. The no-fault coverage will not pay for any damages or expenses which are or would be covered under a National Flood Insurance Program (NFIP) flood insurance policy, whether such insurance is in effect; or for any costs which the property owner has been reimbursed or is eligible to be reimbursed by any homeowners’ or other property insurance. Following are other incidents that are specifically excluded under the no-fault coverage: 42 U.S.C. §§ 5121-5206. • Any weather-related or other event which has been declared by the President of the United States to be a major disaster pursuant to the Stafford Act. • Any interruption in the electric power supply to the city’s sewer system or to any city sewer lift station which continues for more than 72 hours. • Rainfall or precipitation which exceeds 2.0 inches in a 1-hour period; or 2.5 inches in a 3-hour period; or 3.0 inches in a 6-hour period; or 3.5 inches in a 12-hour period; or 4.0 inches in a 24-hour period; or 4.5 inches in a 72-hour period; or 5.5 inches in a 168-hour period. b. Coverage limits The basic limit for sewer backups is $10,000 per building per year, regardless of the number of occurrences or the number of claimants. The city also has options to purchase higher limits of $25,000 or $40,000 per building. A structure or group of structures that is served by a single connection to the city’s sewer system is considered a single building. See Section II.R, Sewer backups. Only true no-fault claims are counted toward the limit. Claims for damages caused by city negligence, for which the city would be legally liable in any case and for which would be covered under LMCIT’s standard liability coverage, are not charged against that limit. RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/23/2022 LMCIT Liability Coverage Guide Page 37 The basic limit for water main breaks is $10,000 to any claimant, with the option to purchase higher limits of $25,000 or $40,000 per building. LMCIT will not pay more than $250,000 for water main break damage resulting from any single occurrence. All water main breaks which occur during any period of 72 consecutive hours is deemed to result from a single occurrence. c. Premium costs The no-fault sewer backup premium charge is based on the limit chosen and on a per sewer connection basis. It also includes an experience-rating component. Members that have incurred no losses under this coverage within a three-year rating period receive a 10 percent credit. Members that have incurred losses within the rating period at a per-connection frequency that is higher than LMCIT program average receive a 10 percent debit. d. Eligibility To be eligible for the no-fault sewer backup coverage, the city must meet these underwriting criteria: For assistance in developing sewer policies, practices, and schedules, please see the Sanitary Sewer Toolkit: A Guide for Maintenance Policies and Procedures. • The city must have a policy and practice of inspecting and cleaning its sewer lines on a reasonable schedule. • If there are any existing problems in the city’s system which have caused backups in the past or are likely to cause backups, the city must have and be implementing a plan to address those problems. • The city must have a system and the ability to respond promptly to backups or other sewer problems at any time of the day or week. • The city must have in place an appropriate program to minimize storm water inflow and infiltration. • The city must have in place a system to maintain records of routine sewer cleaning and maintenance, and of any reported problems and responses. e. Applying for no-fault sewer backup coverage Cities interested in applying for the no-fault sewer backup coverage should first contact LMCIT. If the city qualifies for coverage, LMCIT will send the city a formal quote. If the city decides to purchase the coverage, the city council must pass a formal resolution making the no-fault sewer backup protection part of the agreement between the city and the sewer customer. Once LMCIT receives a copy of the resolution, coverage can be bound. AGENDA ITEM Prepared By: mcc Reviewed By:LLO Approved By: 1. Purpose. This application is regarding variances from the Accessory Dwelling Unit (ADU) performance standards. 2. MN§15.99 Application Deadline. The application was received on December 6, 2022 and considered to be complete on January 7, 2023. Therefore the 60-Day review period expires on March 8, 2023. 3. Background/ Summary. At the February 13h meeting, the Council reviewed this application for variances in order to use an existing residence as an ADU following a lot split/combination. Following their review, the Council voted 3 to 1 on a motion to direct staff to draft a resolution for approval. 4. Planning Commission Vote and Comment. On January 17, 2023, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 4 to 0 on a motion for denial of the requested variances. 5. Public Comment. No comments from the public were received on this application. 6. Staff Recommendation. Staff has drafted an approval resolution for Council’s consideration. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to approve Resolution No. 7344. Exhibits A. Draft Resolution No. 7344 B. Council Staff Report 02/13/2023 References Council Packet 02/13/2023 Council Minutes 02/13/2023 PC Packet 01/17/2023 Item No.: 5 Date: February 27, 2023 Item Description: LA22-000065 - Tim & Leslie Oare, 2967 Casco Point Rd, Variances – Resolution No. 7344 Presenter: Melanie Curtis Planner Agenda Section: Consent CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7344 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1433 FILE NO. LA22-000065 WHEREAS, on December 6, 2022, Tim and Leslie Oare (hereinafter the “Applicants”), applied for variances from the City Code for the property addressed 2967 Casco Point Road and legally described as: Tract B, Registered Land Survey No. 14 70; and That part of Tract A, Registered Land Survey No. 1470, Hennepin County, Minnesota which lies southerly of the following described line and its extensions: Commencing at the most Easterly corner of said Tract A; thence on an assumed bearing of North 9 degrees 03 minutes West along the easterly line of said Tract A a distance of 53.76 feet to the point of beginning of said line; thence South 63 degrees 06 minutes 06 seconds West a distance of 85.63 feet to an intersection with a segment of the northwesterly line of said Tract A and said line there ending, Hennepin County, Minnesota. (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1433 to allow an Accessory Dwelling Unit (hereinafter the “ADU”) use on a property 0.73 acre in area where 1.0 acre is required and independent (not shared) utility connections; and WHEREAS, on January 17, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 17, 2023, the Planning Commission recommended denial of the variance; and WHEREAS, on February 13, 2023, the City Council reviewed the application and the recommendations of the Planning Commission and City staff and finding practical difficulties, directed preparation of findings for approval of the variances. NOW, THEREFORE, BE IT RESOLVED that on February 27, 2023, the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7344 2 FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. A3. The Property contains 0.73 acres in area and has a defined lot width of 100 feet. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Applicant has applied for the following variances: a. ADU Lot Area Variance b. ADU Utility Connection Variance A6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The Applicants, with their neighbors, are eliminating a nonconforming sized property and increasing the size of their current nonconforming lots. The Applicants are unable to meet the utility connection and minimum one acre lot size requirements of the ADU performance standards. The requested variances are in harmony with the intent of the Ordinance in order to maintain the existing improvements with a reduced use impact. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” Because an existing nonconforming lot is being eliminated, the lot area and utility connection variances to support the ADU on the Property are consistent with the comprehensive plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7344 3 B3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. Because an existing nonconforming lot is being eliminated, the lot area and utility connection variances requested to support the ADU on the Property are reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape, size, and orientation of the Property presents challenges. The variances to permit an ADU on the Property are consistent with the neighborhood and are supported by practical difficulties. The proposed increased lot area for the ADU lessen the impact to adjacent properties and it is reasonable to allow the individual utility connections; and c. The variance, if granted, will not alter the essential character of the locality.” The ADU exists today as a single-family home on a nonconforming lot. Allowing the existing building to be used as an ADU accessory to the Applicants’ principal home after the lots are combined will not alter the character of the area. B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. B6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as an ADU is allowed in the LR-1C District. B7. “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. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” As part of this request, the Applicants propose changes to the lot configuration which will remove one nonconforming lot, make the Property with their home conforming, and solve an average lakeshore setback issue that CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7344 4 is unique to the subject property. The ADU exists today. There are no structural alterations proposed. This is a unique condition to the Property. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” Many of the lots in the immediate area are smaller than the 1.0 acre necessary to support an ADU and would not meet the performance standards to an ADU use. The request to eliminate the nonconforming parcel between the Applicants and the neighbors the Abbotts and maintain the primary home as an ADU is a unique situation. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The requested variances to the ADU performance standards will help to maintain Orono’s density standards and are necessary for the preservation of Applicants’ property rights. B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” The granting of variances to the minimum lot area and shared utility connection standard to permit an ADU in this circumstance will remove a nonconforming lot from the neighborhood. No new improvements are proposed which may conflict with the intent of the comprehensive plan and zoning chapter. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances for the ADU are the result of the unique existing conditions, no new improvements are proposed. The variances are supported by practical difficulties. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1433 to allow an Accessory Dwelling Unit (hereinafter the “ADU”) use on a property 0.73 acre in area where 1.0 acre is required and independent (not shared) utility connections subject to the following conditions: C1. Council approval is based on the entire record, above Findings. C2. Any amendments to the approvals which are not in conformity with City codes may require further Planning Commission and City Council review. C3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by recording the Subdivision Exception documents (File #LA21-000078) and new deeds for the properties. The Subdivision CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7344 5 Exception documents and new deeds must be recorded within one year of variance approval or the variances will expire on that date (February 27, 2024). C4. The undersigned Owner agrees to the filing of a restrictive covenant against the title of the Property providing that the ADU will comply with the following Accessory Dwelling Unit Performance Standards outlined in Section 78-1433 subd 2: a. No more than one ADU shall be permitted on a lot or parcel. b. Total floor area of the ADU shall be no more than 50 percent of the primary dwelling unit's total floor area. The total floor area of the ADU shall not be less than 300 square feet. c. The ADU shall be designed and maintained so as to be consistent with the architectural design, integrated materials, style, appearance, and character of the primary residence as a single-family residence. d. A minimum of two off-street parking spaces (enclosed or on a driveway) shall be required for the ADU. e. The ADU must be constructed on a permanent foundation with no wheels. f. The property shall only have one address. The ADU may not be addressed separately from the primary residence. g. The ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure. C5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 27th day of February, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Anna Carlson, City Clerk CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7344 6 Dennis-Oare Living Trust, Dated March 11, 2015 By: ____________________________ it’s Trustee STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _____ day of ___________, 2023, by ____________________________, the Trustee of Dennis-Oare Living Trust, Dated March 11, 2015, on behalf of the Trust. ____________________________________ Notary Public AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances from the Accessory Dwelling Unit (ADU) performance standards. 2. MN§15.99 Application Deadline. The application was received on December 6, 2022 and considered to be complete on January 7, 2023. Therefore the 60-Day review period expires on March 8, 2023. 3. Background/ Summary. The applicants and their neighbors (the Abbotts) recently purchased the property between their homes at 2965 Casco Point Road (formerly the Swenson property). They hope to split the property and combine a portion of the property with their lots. They also plan to keep the existing home and detached garage on their respective halves of the property. They will be seeking an administrative boundary line adjustment to combine and move the lot lines following approval of their requested variances from the ADU regulations. 4. Variance Description. They are seeking two variances from the ADU performance standards in order to maintain the full functionality of the existing “Swenson” home to serve as an Accessory Dwelling Unit for the principal home at 2967 Casco Point Rd. The variances requested are the minimum 1.0-acre lot area and the requirement for combined utilities. The Oare property, after the combination, will be 0.73 acre in area. The property has newly installed utilities which are separate from the “Swenson” home. 5. Planning Commission Vote and Comment. On January 17, 2023, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 4 to 0 on a motion for denial of the requested variances. The Planning Commission’s discussion is detailed in the attached minutes (Exhibit B). 6. Public Comment. No comments from the public were received on this application. 7. Staff Recommendation. Staff found no practical difficulty to support the lot area variance to permit the ADU on the property. The minimum acreage requirement cannot be met therefore the property does not qualify for an ADU use. Planning Staff recommends denial of the lot area variance for ADU use. The Oares are permitted to maintain plumbing facilities in the “Swenson” house with a restrictive covenant addressing the use as an accessory building with full plumbing facilities. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution. Exhibits A. Proposed Plans B. Draft PC Minutes 01/17/2023 C. PC Staff Report 01/17/2023 Item No.: Date: February 13, 2023 Item Description: LA22-000065 - Tim & Leslie Oare, 2967 Casco Point Rd, Variances Presenter: Melanie Curtis Planner Agenda Section: Community Development AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: References PC Exhibits 01/17/2023 A. Application & Narrative B. Practical Difficulties Documentation Form C. Proposed Survey D. ADU Ordinance (Ord. 279, 3rd Series) E. Aerial & Site Photos F. Parking Exhibit G. RLS 1470 H. Property Owners List I. Plat Map AGENDA ITEM Prepared By: J. Lemons Reviewed By: Approved By: 1. Purpose. The purpose of this action item is to make appointments to the Park Commission. 2. Background. The Parks Commission is made up of seven regular members who serve three-year terms. In addition, the Commission can have alternate members. Chair Roath, and Commissioners Duval and Stofer would like to be considered for re-appointment. Commissioner Stevens does not want to pursue reappointment as a commissioner. Commissioners Rasmussen and Hudson do not want to be considered for a regular member role. This would leave one vacancy on the Park Commission if all other Commissioner terms are extended. 3. Current Commissioners. Commissioner Term Expires Brian Roath March 1st 2023 Taylor Stevens March 1st 2023 Kjersti Duval March 1st 2023 Gordon Stofer March 1st 2023 Rick Carter March 1st 2025 Jan Berg March 1st 2025 Cameron Porter March 1st 2025 Alternate Commissioner Term Expires Sandra Rasmussen March 1st, 2025 Casey Conrad Hudson March 1st, 2025 4. New Applicants. No new applicants. 5. Recommendation. Staff recommends the reappointment of Brian Roath as Park Commission Chair and the reappointment of Kjersti Duval and Gordon Stofer. COUNCIL ACTION REQUESTED Motion to adopt the Resolution No. 7345 Exhibits A. Resolution to Appoint Park Commissioners Item No.: 6 Date: February 27, 2023 Item Description: Appointment of Park Commissioners – Resolution No. 7345 Presenter: Joshua Lemons Parks and Golf Superintendent Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7345 A RESOLUTION DESIGNATING APPOINTMENTS TO THE ORONO PARKS COMMISION BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments for the Orono Parks Commission are as follows: APPOINTMENT/DESIGNATION Term End Name Park Commission Chair March 1st, 2026 Brian Roath Park Commissioner March 1st, 2026 Kjersti Duval Park Commissioner March 1st, 2026 Gordon Stofer Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held February 27, 2023 ATTEST: ______________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Approved By: 1. Purpose. The purpose of the action item is for Shane Gardner, Interim Fire Chief for Long Lake to present the annual report. Item No.: 7 Date: February 27, 2023 Item Description: Long Lake Fire Department Annual Report Presenter: Shane Gardner, Interim Long Lake Fire Chief Agenda Section: Presentation LLFD 2022 ANNUAL REPORT Serving the Communities of Long Lake, Medina, Minnetonka Beach and Orono With Pride and Professionalism MISSION STATEMENT Our mission is to enhance the quality of life and unique character of our protection area by providing excellent community risk reduction, fire and rescue services through prevention, education, preparedness and response. VISION STATEMENT Our accomplishments are based on our commitment to protect the lives and property of all persons within our community, and to convey this commitment in a professional manner. We support education, training and skill development and intend to use these opportunities to further enhance the quality of life of our citizens and visitors. VALUE STATEMENT We embrace our fire service responsibilities to our community through R.I.T.E Values -Respect, Integrity, Teamwork and Excellence. R.I.T.E. VALUES - RESPECT, INTEGRIT Y, TEAMWO RK, EXCELLE NCE Respect: We recognize the contributions and unique value of each individual employee, customer, and partner. Integrity: We conduct all of our activities honestly and objectively. We accept responsibility for our decisions/actions. Teamwork: We achieve our goals by working together through cooperation, communication, service, and commitment. Excellence: We strive to be the best in everything we do with dedication to quality, efficiency, innovation, and continuous learning. LEADERSHIP CURRENT OFFICERS for 2022 Interim Chief –Shane Gardner Assistant Chief –Shane Gardner Battalion Chief -Chris Adams Deputy Chief of Administration Ryan Gonsior Deputy Chief of Training –Cody Farley Fire Captains –John Paszkiewicz, Scott Spinks Fire Lieutenants –Ryan Hoster and Ryan Kanive, Ted Woychick ORGANIZATION CHART Note: Coordinators are also assigned to an Engine Company CURRENT MEMBERSHIP ▪42 active members All members are currently or will be: •Firefighter I or II State Certified •First Responder or EMT Certified •HazMat Operations Certified YEARS OF SERVICE STATION 1 FACILITIES AND EQUIPMENT ▪Station 1 –340 Willow Drive NBuilt in 2002 ▪E11 –2004 Kenworth/Pierce Engine ▪E21 –2003 International/Pierce Engine ▪R12 –2003 Sterling Heavy Rescue ▪T11 –2009 Freightliner/Midwest Fire Tanker ▪U11 –1998 Ford F350 Grass Rig/Utility ▪U14 –2013 Polaris ATV ▪CMD1 –2013 Chevrolet Tahoe Chief Vehicle ▪CMD2 –2012 Ford Explorer Duty Officer Vehicle ▪B11 –2004 26’ Lake Assault Boat ▪B12 –2022 1’ Zodiac Pro 550 Boat STATION 2 FACILITIES AND EQUIPMENT ▪Station 2 –3770 Shoreline Drive Built in 2004 ▪E22 –2018 Toyne Engine ▪R21 –2003 Ford F550 Rescue/Mini Pumper ▪U21 –2000 Ford F250 Grass Rig/Utility ▪T12 –2001 Sterling/Midwest Fire Tanker 2022 EMERGENCY CALL ACTIVITY Incident Type Long Lake Medina Orono Minnetonka Beach Mutual Aid Total 1. Fire 4 0 17 1 7 29 2. Overpressure Rupture, Explosion, Overheat (No Fire)0 0 2 0 0 2 3. Rescue & Emergency Medical Service Incident 31 6 95 4 0 136 4. Hazardous Condition (No Fire)8 1 48 5 0 62 5. Service Call 4 2 5 0 0 11 6. Good Intent Call 8 8 79 7 1 103 7. False Alarm & False Call 6 6 65 11 0 88 8. Severe Weather and Natural Disaster 0 0 0 0 0 0 9. Special Incident Type 0 0 0 0 0 0 Total Incident Count 61 23 311 28 8 431 Percent of Total 14.15%5.34%72.16%6.50%1.86%100.00% 2022 EMERGENCY CALL BREAKDOWN Incident Type 2022 2021 2020 2019 2018 2017 1. Fire 29 28 30 24 31 23 2. Overpressure Rupture, Explosion, Overheat (No Fire)2 0 1 0 0 0 3. Rescue & Emergency Medical Service Incident 136 120 93 123 120 88 4. Hazardous Condition (No Fire)62 57 41 65 72 72 5. Service Call 11 22 21 19 18 28 6. Good Intent Call 103 85 88 100 99 100 7. False Alarm & False Call 88 86 88 83 74 71 8. Severe Weather and Natural Disaster 0 2 2 0 0 0 9. Special Incident Type 0 0 0 0 0 0 Total Incident Count:431 400 364 415 414 383 2022 MUTUAL AID 2 Auto-Aid given times 5 Auto-Aid received times 7 Mutual Aid given times 2 Mutual Aid received times 2022 FIRST UNIT AVERAGE ON- SCENE TIME 2022 RESPONDERS PER INCIDENT ▪We had on average 13.55 members respond per call. ▪We had on average 13.54 members respond to calls that happened weekdays from 06:00 to 18:00 hours. ▪44.3% of our calls happen weekdays between the hours of 0600 to 1800 hours. CALL HOURS PER CITY IN 2022 District Hours % of Total Long Lake 893 13.15% Medina 307 4.52% Minnetonka Beach 417 6.14% Orono 4932 72.65% Mutual Aid 240 3.54% Total 6789 100.00% 2022 TOTAL CALLS PER MONTH 2022 CALLS BY DAY OF THE WEEK MEMBERS WHO RETIRED IN 2022 ▪Firefighter Kelly Shaughnessy ●Sam Paulison ●Lance Swearingen ●Veronica Vasina 2022 NEW PROBATIONARY MEMBERS MEMBERS WHO CAME OFF PROBATIONARY STATUS IN 2022 Mike Johnsrud Caleb Thunberg LLFD TRAINING GOALS FOR 2023 Backseat Crew Training Conduct Training at Station 2 at least 1x/month Pumps and Driving Standards Review Front Right Seat Roles and Responsibilites Produce In-House Training Videos LLFD GOALS FOR 2023 Situational Readiness/Response Career Development Roadmap Transition Plan/Continuity Duty Officer Program Duty Crew Program Outline TOP RESPONDERS STATION 1 IN 2022 Mike Johnsrud 92% Tom Aldrich 87% Paul Morse 61% Zach Berbig 57% Cody Farley 54% TOP RESPONDERS STATION 2 IN 2022 AJ Rewerts 92% Chris Adams 84% Adam Hayden 84% Shane Gardner 76% Ryan Gonsior 74% TOP TRAINING ATTENDANCE FOR STATION 1 IN 2022 Tom Aldrich 103 hours Matt Smiley 102 hours Mike Johnsrud 101 hours John Paszkiewicz 99 hours Cody Farley 86 hours TOP TRAINING ATTENDANCE FOR STATION 2 IN 2022 Chris Adams 108 hours Tom Davis 101 hours Shaun Rioux 97 hours Ted Woychick 97 hours Shane Gardner 96 hours FIREFIGHTER MILESTONES FOR 2022 Chris Adams 15 Years Pat Cotton 15 Years Shane Gardner 15 years Chris Rhea 5 Years Ben Veach 5 Years 2023 SAVE THE DATES 23 April Pancake Breakfast 29 July LLFD Memorial 5K 9 October Fire Prevention Open House 2 December SBB Toy and Food Drive December Questions? Thank you for all your support! AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of the action item is to provide two options for approval of the City Council Minutes and Council Work Session Minutes of meetings held for 2023. Staff is also looking for formal input or guidance as to how the council would like the minutes to be taken for future meetings. 2. Background. At their January 23rd Council Meeting, the draft minutes of the January 9th regular City Council meeting were removed and tabled because Council Member Benson found inaccuracies concerning discussions had at the meeting. At their February 13th Council Meeting, the minutes were brought back to Council and, by clerical error, the original draft minutes had been resubmitted into the packet, therefore they were requested to be removed once again to make changes as requested. Council also removed and tabled the draft minutes of January 23rd pending comments for correction. 3. Edited Minute Versions. Council Member Benson reviewed and provided corrections as well as some content additions to the minutes from the meeting. Corrections were incorporated in the clerk edited minutes (exhibit A). However, some of the additions provided went beyond our normal practices and minute requirements. Therefore, a version with those additions is also provided (Exhibit B) for Council consideration. 4. Council Minutes Guidance. Council minutes are the official record of the Council proceedings. They should be thorough but are not intended to be verbatim. Statue requires certain content and the Office of the State Auditor has a list of recommended content. (Exhibit C). Between the minimum requirements and full-on verbatim transcripts, it leaves a great deal of discretion for the City Clerk. However, staff would like to ensure we are meeting Council’s expectations. Recent feedback from individual council members indicates a potential change in the level of detail expected. Therefore, we request feedback/ guidance on what the council expectations are. 5. Staff Recommendation. Staff recommends approval of the minutes at exhibit A. Further staff recommend that council minutes continue at the current level of detail while acknowledging the need for accuracy. COUNCIL ACTION REQUESTED Motion to approve option: A. The City Council draft minutes prepared in Exhibit A. B. The City Council draft minutes edited by Council Member Benson in Exhibit B. Direction to staff on expectations of Council meeting minutes. Exhibits A. Draft Minutes - Staff B. Draft Minutes – Benson C. Office of State Auditor Recommended Content Item No.: 8 Date: February 27, 2023 Item Description: Approval of the Minutes Presenter: Anna Carlson, City Clerk Agenda Section: Clerk Report MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 12 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, Alisa Benson, Richard Crosby III (left the meeting at 7:15 p.m.), and Victoria Seals. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Community Development Director Laura Oakden, City Planner Melanie Curtis, Public Works Superintendent DJ Goman, Fire Chief James Van Eyll, Police Chief Correy Farniok, and City Clerk Anna Carlson. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE 1. Oath of Office A. Council Member Matt Johnson B. Council Member Alisa Benson Mayor Walsh administered the Oath of Office to Matt Johnson, re-elected council member. City Clerk Carlson administered the Oath of Office to Alisa Benson, newly-elected council member. Each signed their Oath of Office in the presence of the assembly. APPROVAL OF AGENDA CONSENT AGENDA 2.CITY COUNCIL MEETING MINUTES OF DECEMBER 12, 2022 3.CLAIMS/BILLS 4.2022 INTERFUND TRANSFERS & LOAN PAYMENTS This item was removed from the consent agenda 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) Exhibit A MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 12 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 This item was removed from the consent agenda 16. WATERMAIN REPLACEMENT PROJECT (22-023) – CHANGE ORDER #1 17. SHORELINE ESTATES (LA21-000055) - STORMWATER MAINTENANCE AGREEMENT AMENDMENT This item was removed from the consent agenda for a future date. Crosby moved, Seals seconded, to approve the Consent Agenda as revised with items #4, #15 and #17 removed from the consent agenda. VOTE: Ayes 5, Nays 0. PRESENTATION 18. APPROVAL TO ACCEPT DONATION – CRIME PREVENTION FUND – RESOLUTION NO. 7332 19. APPROVAL TO ACCEPT DONATION – CRIME PREVENTION FUND – RESOLUTION NO. 7333 Craig Anderson, secretary/treasurer of the Crime Prevention Fund, gave a history of the fund and outlined current activities. Steve Anderson, board member, said one of the purposes of the organization is to provide extra funding for specific items and connect the police department with the community. Seals moved, Crosby seconded, to accept the two donations from the Crime Prevention Fund Resolutions 7332 and 7333. VOTE: Ayes 5, Nays 0 4. 2022 INTERFUND TRANSFERS & LOAN PAYMENTS Benson asked for an explanation on the funding for this item. Finance Director Olson explained the 2021 State bonding bill provided funding for Big Island Improvements including ADA accessible trails, toilet facilities, picnic facilities and signage and the money was received into the general fund. This action moves the money to the park fund. Seals moved, Benson seconded to approve the 2022 Interfund transfer. VOTE: Ayes 5, Nays 0. 15. APPROVAL OF FIRE LADDER TRUCK REHAB AND EQUIPPING Nancy Brantingham, 3185 County Rd. 6, said she was at the Long Lake Fire Dept meeting that was held before the holidays. A number of citizens in Orono asked that the council provide an opportunity to meet and have information about this. She would like to know what the council’s response is to that request MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 12 and would like to add her voice to theirs. She noted the City of Orono does not have approval from Long Lake that they will go with Orono’s proposal and yet here we are with a fire truck. She said feel like we have gotten out in front of our skis. She would like to know more about this whole fire situation and doesn’t feel like residents have gotten enough information. Seals said both she and Council Member Johnson are on the negotiation committee and you are right that there is no agreement in place between the two cities (Orono and Long Lake) but between the cities served by Long Lake Fire there is no back-up engine. This truck would serve as back-up for an engine and as a ladder for the taller buildings in the City. One of the city’s greatest responsibilities we have is to provide fire service to our residents. A lot of equipment servicing this area is really old. Orono still has the opportunity to work with Long Lake and the City would be willing to put this truck on loan to them. While this might seem like putting the cart before the horse, this is making sure your fire fighters have the tools they need to get to your house when there is a fire. There are still ongoing talks. Matt and I met with the committee last month. They are supposed to be giving us a response after their next council meeting but that is in their control. Johnson said what’s in front of us right here is the conversation about rehabbing of that equipment. He noted that the other piece of this is that at a Future fire services meeting, that neighboring communities also attend, there was a proposal coming from City of Wayzata, and part of the services provided is mutual aid. He explained that under Mutual Aid, when we have a big fire then our neighboring communities assist with that fire and we do the same thing on the police side too. Wayzata and Maple Plain have ladder trucks and when the City of Orono (Long Lake Fire) has a fire that requires a ladder truck mutual aid comes. The Cities don’t pay one another for mutual aid. The other departments wanted Long Lake Fire to pay $700,000 for ten years to contribute to their new ladder truck. That spurred a conversation and a great piece of government work. The city found a used ladder truck for $350,000 and it is being refurbished for under $200,000 and Orono will own it. We’ll get 10-plus years of service and we took the additional steps of outsourcing different components of this refurbishing, to really get our price down as far as we could. This will allow the city to provide a better level of service to the community since it will be inside the city, instead of coming from abutting cities, adding it is the fiscally responsible thing to do. He said Orono has been paying for 85 percent of the equipment purchases through Long Lake Fire so would be paying 85 percent of this regardless. He said it’s a piece of equipment we understood that we need and we did a terrific job as a community creating a solution that saves the taxpayers money. Ms. Brantingham again asked the council to pay attention to the request that was made at the Long Lake meeting for a meeting for our city to continue to provide residents with information on this Long Lake/ Orono whole Fire Department situation. We just need information. Johnson said that time will be most appropriate when we know what Long Lake is going to do. We are waiting for their response. Right now, we’re in limbo. In the meantime, we have to make sure you have fire service. Mrs. Brantingham thanked the council for the clarity but said I’m just asking again that the council commit to holding an informational-type meeting like what was done in Long Lake for citizens of Orono, so we understand what is at stake here and what it will cost Orono residents. Benson asked where the truck is currently and was told it is at the public works building. She asked if this dollar amount for rehabbing is for all of the items needed. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 12 Johnson explained the $70,000 cost was for refurbing by the manufacturer, multiple vendors are providing equipment for $115,000, and graphics for another $6,600 are included in the refurbishment and equipping costs. as soon as it is fully operational. Edwards clarified the $70,000 included the cost of refurbishing by the manufacturer and work the city could do in-house. Benson noted that in reading the packet there seemed to be different gradations of rehabbing. Edwards said when ladder truck was first purchased the city had McQueen Equipment do an assessment of the vehicle and was provided a comprehensive list for review at the staff level. The first list is what had to be done to put the truck into service; secondly, what would be good to do if the city had the funds, and a third category that was more aesthetics, like $70,000 to change from one shade of red to another. We didn’t think that was necessary so we said we weren’t going to do that. There were items on the list we already had as a city or could use existing vendors, for instance, tires, where we could use our existing vendor to provide the tire replacement or at a lesser price. Johnson referred to tires going from $9,000 to under $4,000 as an example. Benson asked if $182,000 for rehabbing includes the first two categories but not the third, the aesthetics. Edwards said correct, there were items we decided not to do. The first item, $70,000, those are all of those maintenance-type items. The second item, $115,000, are for equipping which is all of the things you need on an engine like hoses tool sets, extraction equipment, radios; all the things that make an engine do what it needs to do. The graphics are just that. They let people know which department the truck is from. Benson asked if the intention is that when the fire truck is done it becomes part of the fleet and is used right away. Van Eyll said that would be the ultimate goal but we would need an agreement with the city of Long Lake and the fire department to be able to do that. But yes, that would be the ultimate goal. Edwards said the truck has to be refurbished and equipped before it can be offered for training. In unofficial discussions with Long Lake, once it is at that point, they would entertain idea of using it. My understanding is the fire fighters would like to have access to this vehicle as soon as possible. He said once it is ready it can be offered for training. Van Eyll noted, that fire fighters would like to have access as long as it is fully functional and training was completed. Seals pointed out the lead time to order a new ladder truck is three years and the cost is about $2 million. At the future fires services meeting they talked about that even just generally in in the area, all the departments are at risk if one engine is down. It is not like you can bring it to Chunks in Long Lake and they can just fix it. So having even as a backup is a huge value to all the cities. And I think it's good that we're talking about it so that the cities know that we're open to putting it on loan right away and getting the guys trained, because this is this would be a completely different piece of equipment for them. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 12 Benson asked if this has been in the works for a while, regardless of the negotiation we have with Long Lake. Edwards said the idea of having a ladder truck to serve our area as part of the Long Lake Fire Department has been on the capital improvement plan for a number of years. It's moved around on the timeline of that capital improvement plan moving forward in recent years. The other factor us the existing engines are nearing their end of life and so are on the replacement schedule. This vehicle could become one of those engines to replace the ones that are aging out. Benson asked if this ladder truck issue is part of the negotiations with Long Lake or if it is something we have been working on as partners or as customers for some time. Van Eyll said when he was chief of Long Lake Fire Department, they had a ladder truck on the capital improvements plan but it was moved around from time to time to be able to satisfy the limited capital funding. In the Future Fire Service meetings, they found out both Wayzata and Maple Plain fire departments were talking about possible replacement of their apparatus and how much they were thinking about charging other surrounding cities to share this equipment. That led to a discussion of is there a way to better utilize those funds and actually own this equipment. Long Lake’s two engines are running at about 20 years. A typical engine you want to keep it about 20 years. The last one we bought in 2017 was $475,000 and now they are close to $1 million apiece. Benson said she doesn’t argue at all that it makes perfect sense to look at rehabbing something instead of purchasing something new. She asked to be reminded when this truck was purchased. Edwards said in November or December. Benson asked if the expense for the truck was budgeted in 2022. Edwards said no, the truck was in the capital improvements plan and the opportunity to purchase presented itself and so the direction was to purchase it. Benson asked if the improvements were budgeted for this year. Edwards said the costs were added to the 2023 Fire CIP once the city knew it had the truck. Dave Pierson, Webber Hills Road said he doesn’t question the value of the truck but does question the process. He said residents just found out at this meeting what it will cost to refurbish the ladder truck -- almost $200,000 on the refurbishing and about $347,000 on the truck itself. To spend $500,000 on this even though it is a good deal, he said, the process seems odd because no one in the community knows what is going on. You've decided to buy this truck, for $500,000, right or wrong. But we as a community have no idea as to why it has to be done, what you just answered somewhat, and then what the cost is going to be and what the alternatives are. He added that it seems to him there ought to be a way to include us [the voters] in what the council is doing. He asked if this was allowed in the contract with Long Lake and it the engine can go into the fire station. He added that Orono has indicated it wants to get out of the deal with Long Lake by 2025 and asked if it is possible the city won’t be able to use the new ladder truck until 2025. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 12 Johnson said the City of Orono has purchased 100 percent of some of the equipment and/or vehicles, so this is not unprecedented in the existing relationship with Long Lake Fire. He said this isn’t a foreign concept in Orono’s longstanding relationship with them. Orono owns 100 percent of fire station number two and 50 percent of fire station number one. So, I don't see any reason why all of sudden, we wouldn't be using this equipment to serve our residents when it's ready to go, people are trained, and everything like that. I don’t see a path of not using this truck until 2025. Mr. Pierson said he was talking about a legal path to use the truck, for instance, if Orono and Long Lake can’t come to an agreement, how does that effect the use of the machinery we now have plus any new machinery. Can Long Lake say this fire truck can’t be used or will not be used until the contract is up. He asked if the city had gotten bids or done an RFP for the ladder truck. Mayor Walsh said the truck was purchased from another department that was selling it so there were no bids but bids were taken for the refurbishment. Johnson said this is not the first time the council has had public discussion at a council meeting about purchasing this equipment and the cost for refurbishing. The initial estimates were higher. He said this might be the first time for you but not the first time the council has had public discussion on this topic. Mr. Pierson said many people in the community have said they don’t know what is going on. He said there should have been a survey and a town hall meeting to ask people if they are aware that Orono and Long Lake are looking at going to separate fire departments in 2025. Johnson responded that the city is putting the information out in a very public way. Meetings are recorded, published live, and the information is available. I’m encouraged by the fact that you are here and learning more. That’s what we hope to see. Mr. Pierson asked referred back to his reasons for a town hall meeting to address why are we doing it, what’s the cost to the taxpayers, and what’s the alternative? Are you saying that because you've talked about it, does that mean that it should be done? I mean, we're a big community, and why don't we have the right to know how our money is being spent? He pointed out the action was on the consent agenda at this meeting. When did the public have a chance for input? Mayor Walsh responded we have been discussing this for over three years. There have been many discussions with the council between the reasons for engines, cars, and for why we doing this. The public had had a chance for input in August. September, October, November -- pick a month. It is on consent agenda now for refurbishing. He said Orono is the most transparent council. Everything is on video, the information is online, and these conversations have been had consistently. Mr. Pierson said what you are saying is the public isn’t engaged. It’s your responsibility to get them engaged. He again asked for a town hall meeting, pointing out the city was having one the next night on pickleball. Why can't the Council put together a similar meeting so that people can understand how their money is being spent? Part of your responsibility is to is to reach out to the citizens. Johnson said the City doesn’t have anything for you right now until Long Lake makes a decision. They have told us that after their next council meeting, they hope to have a counter or reply to our offer we gave them in October. Where the existing department is going to go is the first question that has to be MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 12 answered. In meantime we have to go ahead and make sure we have adequate service for our city regardless of what Long Lake decides to do. We hope they are our partner. We have been very clear we hope going forward we have a relationship with them and keep the fire fighters together. I’m still very optimistic that Long Lake is going to come back to us realizing that very same thing but it’s in their court. Mr. Pierson said the city is spending money now on this equipment, $500,000 to 600,000, and have a fire chief hired at $120,000 a year for three years. He’s not going to be fire chief for three years but we’re going to pay him. I’m not saying that’s right or wrong but I think we as a community have the right to at least have the council present to us what is going on. Crosby said if the ladder truck had stayed on the CIP Orono’s cost would be about $1.8 million. Instead of spending $1.8 million the city is getting a good value on a used piece of equipment we are getting to refurbish that has really been a need going back 15 years. I was on the department for ten of those years. We should have had this years ago. This truck was a good value without waiting for the build. We are the budget. This isn’t costing us much more money. Orono is the budget for Long Lake Fire. That’s primarily where the money is. Mr. Pierson said he is not arguing the need but arguing the process. To me you need to let the community know and have them be involved in the decision. Ms. Brantingham said she appreciates the council wants to have all the details sewed up but when Long Lake had its meeting, they acknowledged they didn’t have all the information yet but explained what they were wrestling with and asked for citizen input. You have to come out to your citizens and say here’s what we’re wrestling with. And that's going to take a little extra effort so you can have credibility as a council. And I do appreciate your explanations. It was very, was helpful. But I don't necessarily feel that I'd like to spend every other Monday night just in case I might learn something at council meeting. I'd like you to reach out a little bit on your own when you already have information. The community is in an uproar about this thing. Please reach out and do a council presentation about where you are at. You don’t have to have everything finalized. I would urge you to do more sooner rather than later. Seals said one of the things James (Van Eyll) is here for is to do a needs assessment. Is he going to be working? Yes, he’s working. He's going to be very, very busy figuring out things like, what do we need to have the most efficient, best service for you? What does that look like? And really just starting from scratch and looking under all the rocks, all the things that will be brought back to here, but that's not something you do overnight. It takes time. Johnson said the time is coming when there will be a lot more information to share. We’re just short of that. We’re doing an assessment. Long Lake has got to make a decision, whatever it is. When those two things come together there will be a lot to talk about. Ms. Brantingham said I would just urge you to do more sooner than later. Okay, then. I'll be finished with that. And I do thank you once again for clarifying. I also think on the video that people might see of this meeting to hear this conversation will be helpful. And that's how we're going to get the information out. But further efforts are required. Kim Carswell, 261 Cygnet Place, said she feels like every time she comes to a meeting this is on the agenda so maybe it would behoove the city to have a separate meeting where people can just hear the MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 12 whole story like, what started it, what problem we're trying to solve, what the options are and where we are. Because this always comes up. And I think the bits and pieces are hard to put together for people that just aren't that connected like you are Victoria, like you are Matt. So, I'd encourage some sort of public meeting like I'm seeing about the pickleball courts or the golf course enhancement -- that we put that kind of focus on it. Seals moved, Crosby seconded to approve the fire ladder truck refurbishing and equipping. Benson indicated she would like to abstain on the vote. Walsh asked what is your reason for abstaining? Benson said she doesn’t feel like she has enough information on this. And I know fire services are a big issue. And I just simply don't feel that I have a good enough handle on this issue to be able to vote. Walsh said you have to have a financial interest to abstain. So, you need to vote one way or the other. City Attorney Mattick said if you want to abstain because there's a financial conflict, then that would be one reason. If you just don't want to vote, you can abstain it and then it ends up counting as a no vote. Benson asked for an explanation of a financial conflict. Mattick said that if, for example, if the city was buying a firetruck from you, or from someone in your family, which I know they're not, but that's the example, there'd be a financial conflict, then the abstention would not only be advisable, but mandated. And so, at that point, what happens is the vote is basically a four to zero because by your abstention you're no longer part of the council as it relates to that item. Abstaining for just, hey, I don't want to vote on it is allowable. But just so you know that when you count votes, it ends up basically counting as a no vote. So, with a full council of five it takes three votes to pass something on here, unless there's a conflict for financial reasons, otherwise, if it's just an abstention, it's counted as an abstention, but it works. Benson said in that case she can change her vote to a no. Again, I'd like to state on this that I am very supportive of fire but to me, this is just an issue that I feel I need more information on to be able to support it financially. VOTE: Ayes 4, Nays 1 (Benson). COMMUNITY DEVELOPMENT REPORT 20. LA22-000055, ESKUCHE DESIGN O/B/O TRAVIS & SARA WILDENBERG, 3838 CHERRY AVENUE, VARIANCES Staff presented a summary packet of information. New owners are requesting variances to conduct a major home addition. City Planner Curtis explained the current home on the site is situated 20 feet from the high-water level of the lake almost entirely within the 75-foot setback. The project would require a 75-foot lake setback, average lakeshore and hardcover variances. Initially the plan included two small MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 12 footprint additions and a second story proposed to extend all the way to the foundation of the lake side of the home. Staff recommended denial. The planning commission, at its November meeting, conducted a public hearing and voted 3 to 1 to recommend denial of the application. After the meeting the applicant removed the footprint expansion in the 75-foot setback and pulled the second story addition back 12 feet from the lake. The footprint for hardcover was increased on the street side to make up for the reduction on the lake side. Staff has changed its recommendation to approval on the revised plan, which still reduces hardcover 275 square feet. Sara Wildenberg, currently at 1421 North Arm Drive, the applicant, said they had been looking at lake property for a long time, noticed this one had been vacant about five years and contacted the previous owner and purchased it. She said she and her husband love the design of the house but it is not laid out for a family at all. The Planning Commission in November gave them a lot of good feedback, she added. The proposed addition would be stairs to get to the upper level that will extend over the garage. The area is hardcover right now. Sven Gustafson with Stonewood Renovations explained there were a few other removals lakeside including a planter wall near the lake and a patio and the second level was pulled back 12 feet which does change the impact from the lake quite a bit. Council Member Johnson stated this was a good example of the planning commission making recommendations that improved the plan. He said he was comfortable with the revised plan. Johnson moved, Seals seconded, to ask the staff draft a resolution to approve LA22-000055, Eskuche Design O/B/O Travis & Sara Wildenberg, 3838 Cherry Avenue, Variances VOTE: Ayes 5, Nays 0. In further Community Development reporting, Community Development Director Oakden said the department is wrapping up end of year reporting and finished the year with just over 1,400 total permits. They are working on the planning commission packet for next week. FINANCE DIRECTOR REPORT Finance Director Olson gave a presentation on the final total for 2022 for building permit revenue which he said far exceeded the budget for building permit revenue which was $565,000 but came in at $713,737. The department is still working on overall totals for 2022 for the General Fund. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. He said he would have a report at the next meeting in closed session. CITY ADMINISTRATOR/ENGINEER REPORT City Administrator/Engineer Edwards updated the City Council that Parks and Public Works have been very busy with snow and ice removal to make room for the next batch coming. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 12 Walsh thanked the Public Works Department for their work on plowing and clearing the streets for Orono during the past snow events. Johnson said he had received two resident calls thanking the City for taking over the snow removal on the Dakota Rail Trail, adding that it is a great public service. RECESS AND RECONVENE Mayor Walsh recessed the meeting at 7:08 p.m. The meeting was reconvened at 7:16 p.m. PUBLIC COMMENTS Brad Erickson, 2485 Independence Rd., stated it was unfortunate Mr. Crosby felt compelled to run out again tonight. He said he would need to clear up a few things to set the record straight and bear witness for his grandparents. He said his grandparents were born in Holland, married in 1939, and in less than a year the Nazis invaded and subjected them to things that were unthinkable, so when you send him videos invoking the deaths, the extermination of 6 million Jews, you have opened a door you will not close. Moving onto Mr. Crosby, there are a few things he said he needs to clear up after his (Crosby’s) diatribe a month ago about me (Erikson). He called me a clown. He said I’m bistrating him and degredating him. Those are not words but I have been berating him. He passed around a handout for the city that stated that Crosby was crowdfunding for the Proud Boys and showed a picture taken at the State Capitol steps that he said showed Crosby, asking what he was wearing on his knee here and his tactical gear. “He hasn’t been a fire fighter in four years but he is down there fighting BLM in and antifa? Give me a break. This is a Stop the Steal rally; this isn’t a mask mandate rally.” Mayor Walsh informed Mr. Erickson he had had his three minutes and the microphone was turned off and remained off for about two minutes. Janie Delaney, 1315 Woodhill Ave. said she was there to talk about development of historic land in Orono. She said the proposed project targets public land in Orono that has been dedicated to public golf since 1924. Orono Public Golf has the oldest golf league in Minnesota formed in 1948 and still active and was the first course in the state to have grass greens. The course is located in a quiet residential neighborhood. There has been no direct engagement strategy deployed by the city to enlist feedback from the neighborhood, golf community or the citizens other than the two scheduled open houses announced on Jan. 3. The project will decrease City open spaces and increase traffic and noise levels. Noise levels will go from seasonal golf and pedestrian sports to year-round noise levels of high-impact sports. Pickleball has been the subject of lawsuits across the country. Because it is a fast-growing sport courts have been built without adequate consideration for community impact. It is becoming increasingly known that pickleball construction is a project with serious community impacts when built in the wrong location. Already there is not enough parking at the golf course on league nights or busy days. Currently within 6 to 12 miles of Orono there are 85-plus public pickleball courts so it is already well-supported in the community and surrounding area. In 2019 the Orono Activity Center was built and has opened pickleball for the community. Communities around the metro area are looking into retro-fitting tennis courts and making better use of infrastructure that already exists. Casco Point is three miles away and has a skating rink used by youth hockey. A need for youth hockey ice time cannot drive City-wide spending. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 12 MAYOR/COUNCIL REPORT Benson stated in her first council that “it is an incredible honor to sit before you tonight as a member of the Orono City Council and the privilege is one of great responsibility and inspires both humility and gratitude. I was elected to serve as a representative of the people of Orono. It is important to acknowledge this position required continuous support and guidance and many people I want to acknowledge Orono City staff who has been welcoming and generous with their assistance from the moment I was a council member-elect.” She noted that she had participated in an orientation and thanked staff members individually. She added she plans to attend the League of Cities elected officials training the next month. She mentioned the importance of interpersonal relationships in city government. She said she would commit to listening and learning and treat with great care the trust that has been placed in her by the community and thanked everyone watching the meeting in person or on video. Seals said they have been working on the needs assessment for fire to get a fuller picture of what’s happening and get it out to the public. Thanks to DJ and the team because they had a lot of snow and the roads were better in the city than they were in the County. Johnson noted he and Seals had attended a Future Fire Services meeting the previous week. There was talk of hiring another consultant but there didn’t seem to be a lot of interest in that. He said his recommendation is that the city not send any more staff to these meetings as there isn’t any real progress occurring. That could change but it’s general conversations you could get off the agenda. He thanked the community for re-electing him. He encouraged the public to continue to come, ask questions and read packets. Edwards said he would appreciate it not being a mandatory meeting but would like to keep the door open to attend to meet with staff counterparts in other communities on fire and other issues. Mayor Walsh congratulated Johnson and Benson and commended police and public works for handling of the snow and Long Lake Fire and first responders for taking care of people. He said he hears a lot about the transparency issue. Going back six to eight years the city didn’t have videotaping. This is the council that has brought videotaping of the City Council, parks and planning commission meetings. He stated this is the most transparent council the city has ever had. He added they also brought budgeting for sewer, roads and water and infrastructure that weren’t budgeted for before. They brought technology into the city the last eight years. It used to be everything was paper and it would take a few weeks. This council put website and permitting online and all the file cabinets they used to have at the city are gone. Papers have been scanned. People now can click on a property and know everything that has happened on a property. The city also bought 3-D technology for public works and now has information on every project done on those roads so it can budget and plan. The code review committee has updated and reviewed codes and looked at what has worked and what doesn’t in other cities. The city went through the comp plan a few years ago. The old plan would not vacate land. This council said it would look at every opportunity of old roads and alleys and things going through peoples’ yards and in the middle of the lake that shouldn’t be there. “We’re not giving away land we are solving problems – things that got done a long time ago that doesn’t make any sense.” There are two open houses coming up. People used to say this is Oro-NO. This council brought “yes” back to Orono simplifying processes and bringing down costs. ADJOURNMENT MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 12 Johnson moved, Seals seconded, to adjourn the meeting at 7:40 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 12 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, Alisa Benson, Richard Crosby III (left the meeting at 6:28 pm), and Victoria Seals. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JANUARY 9, 2023 This item was removed from the consent agenda 2. COUNCIL WORK SESSION MINUTES OF JANUARY 9, 2023 3. CLAIMS/BILLS 4. APPROVAL OF 2023 TOBACCO LICENSES 5. APPROVAL OF RENTAL LICENSES 6. 2020 SANITARY SEWER I&I GRANT – RESOLUTION NO. 7334 7. APPROVAL OF PUBLIC WORKS MAINTENANCE RETIREMENT AND RECRUITMENT 8. ACCEPTANCE OF HENNEPIN COUNTY TREE INVENTORY GRANT 9. APPROVAL TO ACCEPT TRANSFER OF PROPERTY – RESOLUTION NO. 7335 This item was removed from the consent agenda 10. LA22-000055 – ESKUCHE DESIGN O/B/O TRAVIS & SARA WILDENBERG, 3838 CHERRY AVENUE, VARIANCES – RESOLUTION NO. 7336 11. JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT – RESOLUTION NO. 7337 12. HENNEPIN COUNCIL JOINT POWERS COOPERATIVE AGREEMENT Benson Seals moved, Crosby seconded, to approve the Agenda and the Consent Agenda with items 1 and 9 removed. VOTE: Ayes 5, Nays 0. 1. CITY COUNCIL MEETING MINUTES OF JANUARY 9, 2023 Council Member Benson stated that in reviewing the notes, there were several areas where the minutes did not reflect the audio recording. There was no video for that meeting on Jan. 9 but there were some MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 12 pretty big issues with it starting with, there was no record of the discussion with the city attorney and myself regarding my request to abstain from the vote on the refurbishing of the fire truck. That whole section was not there. There are several other sections related to fire where details are lacking. So I'd like to understand more about how we can either send these notes back whether it's me making a motion to do so or whatnot, because it's really not an accurate representation of the meeting. City Administrator/Engineer Edwards said the City can send the minutes back to the contractor who prepares them and then bring an amended set back to the council the next meeting. Walsh responded that we'll just leave the minutes off for the time being and we'll just table it. Edwards clarified the council can table it or direct staff to send it back to the contractor. Walsh directed staff to send the minutes back and then bring them back and make sure they are correct. 9. APPROVAL TO ACCEPT TRANSFER OF PROPERTY – RESOLUTION NO. 7335 Jane Delaney, 1315 Woodhill Avenue, said her question was curiosity on her part. How does that work? Has the property already been paid for? Or was it paid for when it was bought? Walsh said he believes that when the City did the agreement a long time ago that it paid for it and this is just the transfer of title. City Attorney Mattick said the Council at the time had been interested in pursuing this parcel for a while so they did buy it from the property owner who by my recollection was still living there. They reserved for themselves what's called a life estate, meaning that the city went ahead and paid for that property, but they got to stay there for in essence, the remainder of their life and or until they moved away from the property. Their attorney did contact me and said they're moving so pursuant to the agreement that had been negotiated a while ago, then what remains of that property gets transferred to the city so that it's totally the city's at this point. Ms. Delaney asked what Mattick meant by what remains of it. Mattick said they reserved for themselves what's referred to as a life estate which is the ability to stay in that property as long as they lived, or until they moved which is what was negotiated. So they still have that right. Walsh stated, we don't owe them any money at this point. They just ended their rights basically. And so now the transfer was fully done by accepting this and then it'll be back in the Parks hands to say let's see what we need to master plan this whole fabulous park to suit what we're going to do now to put it all together. Seals moved, Crosby seconded to adopt Resolution No. 7335 Transfer of Property. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 12 COMMUNITY DEVELOPMENT REPORT 13. LA22-000051 – PAUL TAUNTON, 3600 IVY PLACE, AFTER-THE-FACT VARIANCES City Planner Curtis said this application is regarding after-the-fact variances to permit newly-installed hard cover within the 75-foot setback from the lake. The city received a complaint in September regarding a parking area under construction at 3600 Ivy Place. Staff confirmed that a new approximately 1100 square foot paver parking area had been installed within the 75-foot setback without permits.. Two new unpermitted patio improvements were also constructed within the 75-foot setback totaling approximately 1,000 square feet. The property was platted in 2018, and the home was constructed in 2020. The original development plans contemplated a shared connected backup area between the two properties. The property at 3570 Ivy Place installed their portion of this shared driveway connection. When the home was constructed at 3600 Ivy Place the builder chose not to install their portion of the shared driveway connection. No hardcover is permitted within the 75-foot setback from the lake with only few exceptions. The new parking area is 31 feet from the ordinary high-water level, and the two new patio areas are setback 43 feet and 50 feet from the lake. At the November Planning Commission meeting, the Commission held a public hearing and voted four to zero to deny the after-the-fact variances for the improvements. Following the planning commission meeting, the applicant provided an exhibit demonstrating turning radius as well as a stormwater management report in an effort to support their unpermitted improvements. Those were included in your packet. We received one neighbor comment and it is in your packet. Staff recommends denial of the after-the-fact variances. Additionally, because this application originated as a property violation, staff further recommends the applicant be provided a timeline for removal should the Council vote to deny the variances. We're asking council to direct staff to draft a resolution for denial. Walsh asked since staff recommends a timeline for removal what timeline would you have as your recommendation? Curtis said she would suggest that that they be removed at a time when the vegetation can be reestablished so that the lake doesn't experience any sediment from the removal. They could be removed now; it just would be open and bare at that point until the spring. Council Member Seals said it's been since 2018 but between the two properties was there not a turnaround at one point that was in the development plans? Curtis said in the landscape plan submitted with the development it does show a connection kind of a turnaround circle drive between the properties. The neighbor to the south did construct that backup area to be connected. 3600 Ivy planted arbor vitae along the property line and chose to put a backup apron kind of in this location. Seals asked if all of the everything was removed that was out of scope, not approved, if they were to connect that would they still have enough ability to do it with the hardcover ratio. Curtis said the hardcover total on the property is not over what is permitted. It's just the location in an area that we don't allow hardcover, so I believe they'd be able to accomplish that. MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 12 Paul Taunton, 3600 Ivy Place, the applicant, said he didn't know that he needed to pull permits. I wasn't trying to do something underhanded or disrespectful to the City of Orono on the eight-foot entrance going into my driveway. I moved into the house on June 27. Denali was the builder. That turnaround that you're referencing was never presented, nor does my neighbor talk about it other than my neighbors saying, hey, you're just an accident waiting to happen. Your family, there's five people that live in my home, your family cannot park on that easement that we've been given and you cannot turn into my driveway with a vehicle. Unless you're driving a golf cart, you cannot make that turn into my driveway. I am concerned about the pervious pavers that I put in, the driveway that I put in. I did not know that I needed to pull a permit or I would have pulled a permit. When it was brought to my attention I immediately got in line and followed the protocol to pull the permits. I am also concerned about the erosion of the property. It's a flat line. I hired a group of surveyors and engineers that came out to put the drainage tile around the whole property so that there would be no erosion or drainage into the lake. That was before we moved into our home. When I put in the pavers, the patios, I had another engineer company come out because I knew that I did not want to recognize that I had now exceeded or that there was some concern about erosion or from a massive rain. So they came out, a neutral party, and they made their declaration. They gave like a 45- page report stating there's absolutely no risk of any water runoff into the lake. The drainage tile that I put in was more than what was called for. I did that because I, like the City, want to protect the lake. I apologize that I did not pull permits in advance. That wasn't some strategy of mine to be that guy that does it and then asks for forgiveness. I went to a neighborhood party when I moved in and I had four different neighbors complain about where we were parking. When you take a left turn down Ivy it's a single road. Well, that's where we were parking. They were complaining, hey, you can't park on the road. My neighbor wrote a letter to me after numerous conversations saying you can’t park here. That's why I put in the driveway as a place for us to park, a place for cars. UPS couldn't make deliveries. Amazon could not make deliveries because it was just too narrow. And they weren't willing to walk 400 feet to the beginning of my driveway. So that's the situation that I was in. And again, I apologize for not pulling permits in advance. But if I hadn't put something someplace for us to park my neighbors would be going nuts. It's just how tight it is right there. My internet's been knocked out four times just from the plow just since I moved in, just from this winter. It's clearly an unusual circumstance here. When I purchased the lot we reduced the size of the house, we moved the house as close as possible to the neighbors to my neighbor. I'm literally right on the line. There was never any discussion about me using his driveway as a circular drive. That dialogue never happened. I know they don't want that. That wasn't even an option. The only option was when I put that driveway, that parking area. I was very conscious that I didn't go any closer to the shoreline than what was already allowed. I stayed that same distance. It wasn't excessive. It was just enough for a car to turn around and for us to park. I wasn't trying to be reckless or disrespectful or just flip my nose. It's a situation I was trying to be respectful for what I had learned. Council Member Johnson asked to clarify, they did their as-built, then we received complaints. And then we did a site visit. And the complaint was for the front driveway pad. And then during our site visit is that when we saw the other two places? Curtis said the City’s inspector went out and observed the construction that was just finishing up on the driveway and basically confirmed that violation. I contacted Mr. Taunton and when I received his updated current conditions survey, it reflected these two patio areas. So the initial violation wasn't addressing MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 12 those two additional patio areas but by the time we were at Planning Commission, we had included them in his after-the-fact hardcover setback variance for review. Johnson said at the Planning Commission meeting the representative of the of the applicant said that the patios were kind of new information to them at that time. Curtis said the city requires a hard cover permit to install patios and driveways. They would not have been approved at a staff level where they're located. But we did not know they were there when the driveway violation happened. Mr. Taunton said I was not aware that you needed to pull a permit for pervious, you know, that water sinks through it. So I was not aware that I needed to pull a permit. If I needed to pull a permit, I would have pulled one. They're not big patios. Again, I thought if it was pervious that you did not need to pull a permit. Johnson said with respect to my opinion on it, it wouldn't matter if he knew about a permit or not. This is not allowable hardcover. This is a design flaw. It's just not up to the city council to fix a design flaw. And I'm not sure if what Victoria brought up, that little extra extension between, I guess they don't have to actually have a drive-through --it could stop short but that. But again, it’s not our job to get into the design side of it either. From my opinion, this is not allowable hard cover and it needs to be removed. I would be supportive of waiting until the spring or until it can all be dealt with at one time, including the replacement hard cover. Walsh said he didn't think it's really a design flaw as much as we just know that developers want to maximize the amount of space they can build in. And sometimes they build too much house, and they don't leave enough driveway, or enough room for a really big fire pit. But the problem is, that's what they did is they maximized the house and didn't leave room for a lot of stuff. And there's lots of houses like that, that people buy and they find out after the fact they can’t add a deck and they can't do anything, because they made the house so big. That's what I think what you've got here is a brand-new house that just maximized everything you could do and left you at the bare minimum amount of driveway and not a lot of room except in that little itty bitty kind of point to build a put a fire pit. But I agree with Matt, that's a creation of the development itself. You can't create your own practical difficulty. Seals said she appreciates the applicant apologizing. I was just asking staff about codes and ordinances so I can see where that can happen. I don't think there's an assumption that you had malicious intent. I think we've been pretty consistent about the 75-foot setback. I remember this whole development very distinctively. There were conversations around whether there should even be a lot because there were conversations as to whether they filled in the wetland and all those things. I feel like there's been, I don't want to say a lot of giving, but we did talk through a lot of discussion around turning around with the fire truck, and all those conversations did happen. I did talk to the planning commission and understood where they're coming from. I do support that we need to remove those three and protect the 75-foot setback. MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 12 Benson said what's needed to have been said on this issue has already been said. I'm in agreement that it's important to follow the code as it relates to the setback here with regard to hardcover. Crosby said he’d be in agreement. It's unfortunate, but I think you said it fairly well. If you’d shrunk the size of the house, you would have had more room for the things that you need as far as driveway is concerned. But it has to be enforced. It’s in the code. Mattick said in terms of that aspect, the resolution itself can deal with the land use item and the denial of the application. The rest of it is something that we can sort out at least administratively, once we start talking to the property owner about timelines, because that that is potentially an enforcement item. So I would leave that out of the resolution. Johnson moved, Seals seconded, to direct staff to prepare a resolution to deny LA212000051, 3600 Ivy Place, after-the-fact Variances VOTE: Ayes 5, Nays 0. Curtis said there was no further community development report. FINANCE DIRECTOR REPORT Finance Director Olson said he had nothing to report. CITY ATTORNEY REPORT Attorney Mattick said he had two items. We do have a closed session so I will leave those items alone. I do want to point out a correction, however, on the closed session. It does list Jay Nygard, with the city of Orono. That should be Kendall Nygard. Otherwise, the caption on that is correct. This second item I wanted to touch on is confusion or some follow-up discussion that I think needs to be had on the idea of an abstention. It came up on our vote last week with councilmember Benson. And what I wanted to clarify was that when I'm asked about an abstention, a council member has a right to abstain. But from my perspective, when I'm trying to figure out what the nature of abstention is -- is it I simply don't want to vote on it. I don't feel prepared. I don't have the information? Or is it a conflict of interest? And so at the last meeting, I did want to sort out whether there was a conflict of interest. There wasn't in my understanding and speaking with you. So a council member regardless has the right to abstain, but it does matter on the conflict side of things. Because if someone has a conflict, it reduces the number of the council. You sit here as a five-member council. If someone has a conflict that prevents them from voting, you become a four-member council, because you have a recusal. If it’s I don't feel prepared or I'm not willing to vote on it at this time the council remains as five which is why I talked about how it has the impact of being a no vote because we need so many affirmative votes. And if you don't get them either because of noes or abstentions, the vote can fail. So I did want to clarify, we cannot compel someone to vote; we cannot compel them to vote yes or no. They have the right to abstain. To me, it matters on why the abstention, which is why I started my analysis on that. Councilmember Benson, I don't know if there was anything else you wanted to address. Benson said she had her own thoughts on that, which she can do at the end of the meeting. MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 12 CITY ADMINISTRATOR/ENGINEER REPORT Edwards said he had just a couple updates. Since our last meeting, we've held two open houses, one on golf course improvements through the Parks Commission, and the other on the Fox street resurfacing project. Those were on the 10th and 11th, respectively. And then just as an announcement, there'll be a repeat, it's just the same open house again, for those who weren't able to make the first one. There'll be a golf course, improvements open house tomorrow here in the council chambers from 6 to 8 pm. Seals said it was her understanding the council will get an update on the golf course improvements after Parks looks at it. When will we get an update from the Fox Street Open House? How did the open house go? Edwards said the open house was fine. We had a handful of residents show up to express opinions about the project. Pretty much everybody was in support of what we were proposing to do so there was really nothing controversial. We didn't really learn any new. Sometimes on the road open houses we'll learn about a drainage issue that’s particular to a certain part of the corridor or something like that. We didn't really get any of that kind of feedback. So right now, we're looking at just continuing to move the project forward. RECESS AND RECONVENE Mayor Walsh recessed the meeting at 6:28 p.m. The meeting was reconvened at 6:34 p.m. Council Member Crosby was no longer present at the meeting. PUBLIC COMMENTS James Elder, 195 South Brown Road, Orono. I want to add my voice to the requests for an open and public discussion of the costs and benefits of establishing a go-it-alone Orono fire department. I'm a retired firefighter like Councilman Crosby. But I'm agnostic regarding the name that goes on the truck. I don't care what it is. But what I do care about is the cost and quality of fire service. Based on costs already incurred to date, but absent any information from Orono, I've estimated that the incremental costs from both operating costs and capital outlays could reach or exceed $4 million. As citizens and taxpayers of Orono we have a right and you the obligation to present to us a good faith estimate of the costs and to justify how this major expenditure improves our current and future fire protection. I think we need a public examination of this endeavor as Long Lake did two months ago. It may well be that after full disclosure of the costs of a go-it-alone Orono fire department, the best solution would be to return to the bargaining table with Long Lake and come to a mutually beneficial agreement. That is my hope. Brad Erickson, 2485 Independence Road. It's very unfortunate that Mr. Crosby for the third time in a row found it necessary to run out of the meeting before I had a chance to speak to him. Walsh asked, and you live in Independence? Where do you live? Mr. Erickson said I live in Independence. My business is in Orono and has been. So don't act like this. You know where this is going. Let me share something with you, smart ass. This is the protest that your boy was attending down there at the governor's mansion. See this here? (holds up photo board) I don't MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 12 have a problem with mask mandates. What I have a problem with is when people like you and he start comparing them to the Holocaust. Okay, are we clear on this? Are we clear on this yet? This is one of the protests he was at. He wants to sit up here and throw me under the bus and call me a clown. Let's see here. Oh, shit. Little Red Riding Hood. Look there. There's your boy. That's him at the Capitol steps. Look how close his feet are to the steps, shit they are right there. Is that why they call him Capitol Steps Crosby? Where was he on January 6, I wonder, 2021? Walsh stated you can speak to the council. Speak to the council sir. Public comments are for the council. Mr. Erickson (turning to someone in the audience) asked are you Mr. Williams by the way? Is that you? You look like him. I understand you guys don't think it was a big deal, this January 6 bullshit. But it is a big deal. And he was there. And I know he was there. He knows he was there. When is he gonna start talking about it? Him and his tactical gear, bullshit weapons on his hip and shit. There he is some more. What's this Proud Boys shit? Some new Proud Boys shit now. Donate to their GoFundMe page. Mr. Crosby, look, he's standing right here taking pictures. Crowd funding for the Proud Boys. Right here in our city. What's this down here? Sorry, Connie, I had to link on Parler. Oh shit. Those sound like names that I'm familiar with. Aren't we all by now? He likes them on Parler. Look. He looks like a founding member. This is the new stuff -- 46 following the Minnesota Proud Boys. He's one of them. Crosby, Richard, Orono. Go figure, we are the Minnesota chapter of the greatest group in the US. Is that where we're at here at Orono? Are you part of this shit, Mr. Walsh? Because I think you are. I think you all know exactly what the hell's going on up here. There's so much I got some pictures on my phone that the FBI will be looking at. Okay. He was out there taking selfies on the steps of the Capitol in DC. Walsh said your three minutes are up. Your circus is over. You can sit down, sir. Mr. Erickson said this is the damn circus and you brought it here. Right here. I'll leave that for you. Follow your leader. Comparing our governor to Adolf Hitler, Fidel Castro, Mussolini, Pol Pot, Idi Ahmin, Hussein. What the hell's going on? Walsh said your circus is over. Sit down. He asked if there was anyone else for public comments. Hearing none, I’ll bring it back to the council. MAYOR/COUNCIL REPORT Benson said she wanted to address something that happened at the January 9 meeting, my first meeting as a city council member here in Orono. Our city attorney Mr. Mattick touched on it early in the meeting -- abstention. I just want to talk about that a little bit. Because it matters how I vote, it matters what the perception is about my votes. And it matters how the record reflects my votes as a council member. And that's true for everybody sitting up here. The issue at hand at that meeting was the $192,000 refurbishing of a used ladder truck that Orono had purchased in December of last year. And it was my intention to abstain from that vote authorizing that purchase, because it was not an insignificant amount of money. and I did not feel at the time that I had enough information, being that it was my first meeting, being that I had not been a part of those negotiations, and being that there were and are a lot of questions around the expenditures of this fire department from the public. I did not feel that I had enough time at that meeting MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 12 to give an informed vote either for or against. And that's why I had asked to abstain from that vote. And at the time, there was a lot of focus in that meeting. And I know because I've listened to the audio recording, there wasn't a video, but I've listened to and actually transcribed the audio recording from that meeting. And I, in seeing it now, can recognize that attorney Mattick did leave open an option for abstention. At the time I was in that meeting, listening to the discussion from our city attorney, I felt that there was a lot of focus on financial conflict, which there was none, or an option to, as I think attorney Mattick had said, well, if you just don't want to vote, and it was neither a financial conflict or a lack of desire to vote out of any lack of preparation, on my part. It was a third category, which was not feeling that it was a vote that I could do well, in an informed way, which is what I pledged to do for this city. So that's why I asked for the abstention. The discussion that followed did not leave me to feel that the abstention was a viable option, because I didn't have a financial conflict. And essentially, as it was explained again, that it would essentially count as a no. Well, I didn't want it to count as a no, I wanted it to count as an abstention, which is what it was, I've contacted or I did contact the League of Cities about this. And it's clear after talking to or hearing from our city attorney today that abstentions are viable options, and that they will be counted as such. So in the future, that's very helpful information to have. And I just wanted to clarify this because it's very important that I communicate clearly in meetings and communicate clearly with our staff and our city attorney. Because these issues are not insignificant, they are complex and fire, in particular, as we heard again tonight, is one that is has gained a lot of public interest and attention for good reason. And I don't take any vote as something that is simple, or without significance. I also want to say that I'm incredibly supportive of all of our emergency services, and that goes for fire and police. And that no vote on January 9 had nothing to do with a lack of support for our first responders. It had to do with my feeling at the time that I need to be informed about issues, especially ones that involve large financial outlays before I make them. So that's all I want to say about that. And if at any time anybody has any questions for me or concerns about that you're welcome to contact me. On a different note, I also attended the first open house for the proposal, the US sports grant proposal, to look at building some pickleball courts and hockey infrastructure at the Orono Golf Course. I attended the first one and I will also be attending the second one tomorrow night here at City Hall at six o'clock. And I found that it was a really good opportunity to meet community members, residents, members of the public and hear from them directly, which is really important. In city governance we have the ability as residents and community members to affect a lot of change in our communities. And I really appreciate people showing up for these events and talking to staff and elected and appointed officials, regardless of your views on the issue. I always appreciate feedback. Johnson said Long Lake has their city council meeting tomorrow. As of last night, their agenda was on there, but not their packet. But the fire services is on there and they're having a closed session to talk about it. I think once we hear back from Long Lake and their decision based on our proposal, which we have not received that feedback, then we'll have more to share. It’s clear the residents want to hear more about that when we have more to share. That should be short coming here, hopefully. We've been saying that for a while, but that's what they've told us, Victoria and I, that after this meeting, they're going to hopefully send us a response to our proposal. Seals said not be redundant, but we are having another open house tomorrow, so if you can come, come. It’d be great to hear everyone's thoughts on the golf course. I think the one thing going into it, I do think it's important to look at, and Ron would be better at this, is that prior to COVID the golf course was in the MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 12 red, so we were keeping it alive through general funds. If you had to look at like, one of the benefits of going through a pandemic is the golf course had a new energy to it. I want to make sure we still have those conversations about how do we make our parks and places like the golf course more viable? It's not to say we do a pickleball court; it's to say, let's have a conversation about how do we get more people involved in using it? Because not too long ago, there was a golf course called Lakeview and it wasn't a city-owned golf course. But it was in the red and it got sold. And there's a bunch of really big houses over there. I don't think any of us want that. So I think the parks, not only staff, but the commission, is really trying to have good conversations about how do we make this a viable park? Because that's what it falls onto in the future. How do we get more people there? It doesn't mean that's where we land with pickleball. But how do we make it a place that we can never live without? Because looking back at that Lakeview conversation, hearing how many unhappy people were around, seeing it in the paper, I would have never thought it would have changed, but it did. So I think it's good that we have those conversations. And I think it's good that you hear the positive and the negative and the people that want it and the people that don't want it. There's people across all sides on this one. So glad to hear people are coming and sharing their thoughts. It's good to hear that also, even with Fox Street. I'm glad to hear that the plan makes sense. I've had a few of our neighboring cities reach out to us and trying to understand what we're doing with THC. Ironically, that was news to me that would be a hot topic. Most of them are in similar boats that we are to be quite honest, though, sitting with moratoriums, not sure what to do, waiting to see what legislature does. So I did share with Long Lake when I talked to them, I said you know what's ironic is I've had the most complaints about the Navarre smoke shop and the soon to come Long Lake smoke shop. So I think that's probably something coming our way, whatever we ended up deciding so it's a good conversation that I don't think we have the answers to. Walsh said he was also at the open house for the pickleball, hockey and golf. It was fun to meet a whole bunch of the golfing league people. I think it was maybe 30 or 40 people that probably came, and a bunch of them were league members, and there was a bunch of other people. I think we probably had half and half people who like pickleball and who don't want pickleball. So it's about 50/50, but it was a small segment of the population, for sure. The diehards that were there, and they're people from the leagues, and we obviously have to balance what's best for the citizens of Orono, which is first and foremost who we represent. But it was good to be there. I’ll be there tomorrow again, so it'll be good to see, I'm sure, some of the same people again, so maybe there's some of you out there that will be there as well. I’ve got my Orono Spartan shirt on tonight, ODT, my daughter's on the Orono dance team. They had a great competition this last weekend at Totino Grace with 12 other schools. And we have one this weekend and one the next weekend. So it's constant, but I just have to do a big shout out to them because I think the JV jazz took second place, JV blue jazz took first place, varsity jazz took first place, JV kick took first place and varsity kick took second, so they almost did a full sweep of everything. The girls were beyond excited. It was fun to watch all the hard work coming together over the season now we’re a good month into it as they've gotten better and better and sectionals are coming up soon. So hopefully they'll continue putting that together and we'll see more Orono teams moving forward going to state and that kind of stuff. And I just came also from an Orono hockey or the Orono Ice Arena, I'm on the board for the Orono Ice Arena and we're having a whole bunch of extra tournament games over there because it looks like the varsity girls and the varsity boys are most likely going to be ranked first, so they'll be hosting tournament games. There will be all these extra games and revenue coming into the ice arena, which is all positive. So lots of good things going on in Orono these days. Something our city attorney brought up to me because MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 12 he does represent a number of other cities, that in the legislature right now, I don't know if everybody knows, but there's legislators in session up at the state capitol. They're having about 30 to 40 meetings every single day and all the different departments or all the committees and one of the housing bills that I think everybody needs to pay attention to that is coming up that he alerted me to is they're looking at and right now in part of these some of these committees, they're passing these rules that they want to pass to make statewide, they're doing it without any amendments or any discussion. They're just saying, we control it. We're voting on it, we're moving it on. So they're doing a lot of stuff very fast. They're doing one in the housing bill that would eliminate single family zoning in the entire state of Minnesota, it would make every house automatically considered to be a two-family residence. That means in every neighborhood, you could have duplexes, essentially in your house, and there's nothing the City of Orono could do about it, it would take the zoning out of our control. So I'm telling you to maybe wake up on this item, call Andrew Meyers, who was our house representative on the Republican side and call our state senator Kelly Morrison and say you oppose this bill, that you want to make sure the zoning stays in the control of the local jurisdictions. If you want to see how it's turning out, go to Minneapolis. They've already eliminated single family zoning in Minneapolis. You can do quads in every neighborhood. But even if you just give away single family and you make everything essentially duplexes, you could have a whole lot more people living in your neighborhood and it will change the character of everything that you know of today. And if there's extra money in it. As my realtor professional over here will tell you, if there's extra money for developers as they're buying up houses and converting them to two families instead of one family it will be done. This big money will come in and they'll just start buying up swaths of houses and start renting out. So Kelly Morrison on the Senate side and Andrew Myers on the House side, call and make some noise and tell them you do not want this to pass. We only get one chance at this because once it gets passed you'll never put that rabbit back in the hat. Johnson said Andrew Myers is not in support of it. He was unsure about Kelly Morrison’s position. Walsh said he doesn't know her stance in general but I know the Democrats are all passing this stuff out of committees without any discussion and any amendments -- they're just passing it. And it's like a 45- page bill if I remember. And it's like that little paragraph in the middle of this housing thing that they're passing. So it's a small piece. But thank God, we got people who are looking for those things. And I think Soren had pointed out the cities that he represents too, like St. Louis Park and other cities, aren’t happy with that either because it takes all the zoning out of our control, and we can't do anything about it, which is not good. In my last Orono article, Orono Times or whatever we call it that we send out to everybody I talked about a number of different things. But I think one of the last things I talked about was social media, and that if you want to find out what's the truth about matters, it's probably best to call the City directly or call one of us and we can tell you or point you in the right direction. But another one was a very confusing post about the terms of the council and the mayor in particular, making it seem like we did something in the middle of the night that changed the term from two years to four years. Well, I posted on Next Door the facts about that. Back in 2018, after the election, in December, staff did come to us and say that they thought it'd be more consistent to change the mayor's term from two years to four years because the council is all four years, just put more consistency. And so we took their recommendation. And we did change that from a two-year to four-year term in December of 2018. But it wouldn't take effect until the next election in 2020. So that gave everybody two year’s notice -- nothing in the dark, the papers printed it, everything that was going on. But there was a very confusing post thinking that we're doing MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 12 something in the dark that nobody knew about but everybody knew about and I just want to make sure everybody was clear again, that social media is not the place to go get your facts. All you gotta do is call somebody. Call somebody at the City that's got all the facts and will point you in the right direction. 14. Closed Session: Attorney - Client Privileged Discussion Walsh moved, Seals seconded, to enter into closed session at 6:58 p.m., as permitted by Section 13D.03 to discuss strategy and settlement negotiation status in the following matters: • Kendall Nygard v. Orono, Case No. 022-CV-03191-NEB-DTS • Schmidt v. Orono, Case No. 27-CV-21-7769 • T. J. Bonnett v. Orono, Case No. 27-CV-22-12243 and we’re going to add the LMCD Dan Gustafson item that is on the LMCD agenda for Wednesday. VOTE: Ayes 4, Nays 0. (The City Council was in closed session from 6:58 p.m. to 8:26 p.m.) Walsh moved, Johnson seconded, to reopen the Orono City Council meeting at 8:26 p.m. VOTE: Ayes 4, Nays 0. Mattick noted that the council will now stand in open session and since it is still a regular council meeting the council can vote on items at this time. Walsh moved, Seals seconded?, to direct Orono’s LMCD Representative Richie Anderson to vote no on the Dan Gustafson Dock item on behalf of the Orono City Council if the item comes back for approval at the LMCD meeting. VOTE: Ayes 4, Nays 0. Walsh moved, Johnson seconded, to direct the city attorney to initiate litigation / injunction against LMCD if the LMCD board passes the Gustafson item with the nine docks. VOTE: Ayes 4, Nays 0. ADJOURNMENT Walsh moved, Seals seconded, to adjourn the meeting at 8:38 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 16 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, Alisa Benson, and Victoria Seals. Member Richard Crosby III was absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Community Development Director Laura Oakden, and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JANUARY 9, 2023 This item was removed from the consent agenda 2. CITY COUNCIL MEETING MINUTES OF JANUARY 23, 2023 This item was removed from the consent agenda 3. CLAIMS/BILLS 4. APPROVAL OF SOCIAL MEDIA POLICY UPDATE 5. APPROVAL OF RENTAL LICENSES 6. APPROVAL TO DISPOSE OF BICYCES 7. AUTHORIATION TO HIRE JENNIFER LYREK – POLICE OFFICER 8. AUTHORIZATION FOR BIG ISLAND DOCK REPAIR 9. APPROVE REHABILITATION OF GRINDER STATION 8 (1023 OLD CRYSTAL BAY ROAD) AND LIFT STATION 10 (115 ORONO ORCHARD ROAD SOUTH) 10. APPROVAL OF SEASONAL WEIGHT RESTRICTIONS – RESOLUTION NO. 7338 11. 2021 ROAD MAINTENANCE PROJECT – FINAL PAYMENT AND PROJECT CLOSEOUT 12. LA22-000051 – PAUL TAUNTON, 3600 IVY PLACE, AFTER-THE-FACT VARIANCES – RESOLUTION NO. 7339 13. LA22-000071 – JAMES & JULI HILLIER, 1224 BRIAR STREET & 1245 ARBOR STREET, VARIANCES – RESOLUTION NO. 7340LA22-000066 – MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 16 BRANDON BOLDUC, 3365 CRYSTAL BAY ROAD, VARIANCES – RESOLUTION NO.7341 14. LA22-000066 – BRANDON BOLDUC, 3365 CRYSTAL BAY ROAD, VARIANCES – RESOLUTION NO.7341 15. LA22-000067 – JON BYINGTON, 1270 WILDHURST TRAIL, VARIANCE – RESOLUTION NO. 7342 Johnson moved, Seals seconded, to approve the Consent Agenda with Items 1 and 2 removed. VOTE: Ayes 4, Nays 0. 1. CITY COUNCIL MEETING MINUTES OF JANUARY 9, 2023 2. CITY COUNCIL MEETING MINUTES OF JANUARY 23, 2023 Benson said the City Council meeting minutes of January 9, 2023 are something that has been a bit of a back and forth or ongoing issue. The first minutes that came back, I didn't approve because there were inaccuracies. And the second ones that have come out, it's kind of the same thing. There are several things in here that are not accurate. Based on our work session perhaps this is something where I don't know if the contractor is going to change or the processes are going to change or it's just going to be up to Council, as you indicated earlier, City Administrator Edwards, that we review those things. That's fine. There are inaccuracies, which is why I would not vote to approve both this meeting No. 1 and also No. 2. Walsh asked Benson if she had specific things she'd want inserted that could help solve the problem. Benson said specifically for January 9 there was a resident’s name that was incorrect throughout the entire minutes. It was correct in the first revision, and now it's incorrect again. And at least one quote is attributed to the wrong person. I believe it was Councilman member Johnson that was attributed a quote that was Chief Van Eyll and also the entire exchange between myself and City Attorney Mattic regarding my abstention is not included. Also missing January 9 are the details in the Mayor Council Report with Mayor Walsh's information with regard to individual homeowners who may be bringing some issues before the City so it’s inaccuracies as well as items that are just not included, understanding that this is not a verbatim report. My feeling is these are important issues to include in the minutes. Walsh suggested Benson talk to the staff and get revisions to bring to the Council so all could see them and see whether they would agree the changes were accurate. Benson said as far as Item 2 there was much less of an issue, but again, there was a motion to approve the consent agenda that was made by Councilmember Seals, and it was attributed to her. So there are just inaccuracies that I know none of us would want. Johnson suggested Benson make a practice of reviewing the minutes ahead of time and presenting any concerns to staff. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 16 City Administrator Edwards added the Council receives the packet on Friday. If over the weekend you send the clerk and I an email of any of those particular issues you might have, then we can see if that's something we can address before the meeting. Walsh said he would put the onus on Benson to send an email detailing the things she’d like to see changed or Staff could verify to make sure all is correct. Benson pointed out the packet is a lot to review in 48 hours but she would do her best. And at the same time, I understand that perhaps there's discussion in the works about a transcription service. Is that accurate? Edwards clarified the City is looking at changing its vendor for managing the meeting recordings and including closed captioning. He said that's not necessarily a capture of minutes and the problem is that it is only as good as the software so there can be a lot of inaccuracies. I don't know that it reduces our need to have somebody who's a professional transcribing and creating meeting minutes for us, regardless of whether they got some text that way or they have to transcribe from an audio recording. Walsh moved, Benson seconded, to table Items 1 and 2 and direct Council Member Benson to interact with staff on the minutes. VOTE: Ayes 4, Nays 0. COMMUNITY DEVELOPMENT REPORT 16. LA22-000065 – TIM & LESLIE OARE, 2967 CASCO POINT ROAD, VARIANCES Walsh reminded the audience that Community Development Reports are not public hearings although the Council may call on the applicant for information. City Planner Melanie Curtis explained the applicants and their neighbors purchased the neighboring Swenson property between their properties with the intent of splitting it and splitting the buildings on that lot to add to their own properties. The applicants are seeking two variances from the recently-adopted accessory dwelling unit performance standards in order to maintain the full functionality of the existing Swenson home to serve as an ADU (accessory dwelling unit) for their home at 2967 Casco Point Road. Curtis said they have requested variances from the minimum one-acre lot area requirement as well as the condition for the utilities to be combined between the two buildings. Their property after combination will be 7/10ths of an acre in area. The applicant's home was constructed in 2020 and they have new utilities separate from the Swenson home and they would like to maintain that. In January the Planning Commission heard this application and held a public hearing. Following the public hearing the Commission voted four to zero on a motion to recommend denial of the variances. We did not receive any comments from the public on this application. Staff found no practical difficulty to support the lot area variance to permit the ADU on the property. The minimum acreage requirement cannot be met therefore the property does not qualify for the ADU use. Staff recommends denial of the lot area variance for the ADU. The applicants are permitted to maintain plumbing facilities in the Swenson home with a restrictive covenant addressing the use as an accessory building with full plumbing facilities rather than a dwelling unit. She recommended Council direct staff to draft a denial resolution for adoption at your next meeting. The applicants and the neighbors, the Abbotts, are here tonight. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 16 Leslie Oare, 2967 Casco Point Road, explained they purchased the home in 2018. The Swenson's long narrow part is in between their home and the Abbotts on the other side. Swensons used the home as a cabin. Their residence is in Fort Lauderdale, so they were only there four times a year. We always had conversations with the Abbotts that if Swensons were ever to sell that we could purchase it as the guest house was originally part of our property. Abbotts do not own to the road, partially because many years ago the road was in front of the homes between the homes and the lake. So the Abbotts want to solve that and be able to own to the road to get rid of the driveway easement and be a conforming property. The Swenson property is non-conforming; all three are non-conforming. We'd like to divide the Swenson property and make two conforming properties and get rid of the density of the house in the middle. We would be getting rid of a dock permit that has created many lawsuits. We've already removed the steps to the lake and there's a deck at the top of the stairs we plan to remove and then remove the large portion of the sidewalk between the guest house and the Abbot property. The Swenson home was 32.5 percent hard cover. Our home with an existing variance is at 29.6. Our property would drop to 25.6 percent. We're just trying to do a really good thing and not have another homeowner squeezed in between us who will inevitably want to put in a boat slip which wouldn't be allowed because of the dock permit. John Abbott, 2941 Casco Point Road, is the other neighbor to this adjoining piece of property. Thank you, Leslie. She explained it nicely. We have a document in your packet that explains the neighbor situation. I just would point out that in this request there's not a stick of lumber, no physical changes to the site, except for the removal of hard cover and the elimination of density that's just too thick for the neighborhood. So, there's no bathroom being added; there's no expansion of the space being added. It's restoring it to what it was in the past, except that the density goes down and the hardcover is brought into a higher level of compliance. So I appreciate your consideration. Johnson said he would be very supportive of approving this application. I have gone along with these people on their process here. I think what we have is an existing condition with that house. They're cleaning it up, getting rid of the dock. It's an existing condition that actually cleans up a long-term problem. I'm supportive of that. With respect to combining utilities, again, that's an existing condition. I see it as unnecessary to ask them to combine them with what is already in place. Something to note about these folks is when they were trying to do this originally, they came to the City to do it the right way. That's what I respect about what they're doing. There's probably examples of this out there. People are using (such structures) in a different way. By making it an ADU and putting some restrictions on who can use it, that's a benefit to the neighborhood. The neighbors are on board. So I'm in support of the application. Walsh said this is precursor to the ADU discussion. We put the ADU language together with our city attorney and it was really more geared for new construction. But as Matt said, this is an existing condition; you're cleaning up three lots into two lots. You're not really changing anything, you're solving problems. And so like Matt, I think the practical difficulty is that you do have an existing condition that conforms to the neighborhood in general, but just not to the ADU, which is more geared for brand new construction. I would be supportive as well. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 16 Seals said she is also a big fan of cleaning things up. I appreciate moving from three to two (lots), cleaning up some of the hardcover -- that's always appreciated, especially on the lake. Docks are always a sensitive issue in Orono, so one less dock is not a bad thing. I would be in support of it also. Benson asked staff to speak to their recommendation again. Curtis said when staff did the analysis and went through practical difficulty they didn't find that there was one based on our newly-adopted ordinance to support the request. Walsh said the practical difficulty is in respect to existing conditions and combining and merging them. Our new statute or ordinance is really geared towards new construction. We knew we'd have some existing conditions that come in front of us, and this is one of those for sure. Benson clarified that the Planning Commission's recommendation was for denial based on a similar analysis to staff’s and because it would be under the required acreage for an ADU. She asked about setting a precedent. Curtis said it would probably be very difficult to find another situation such as this. It's pretty rare that someone would take a single lot of out of the mix, merging the three lots into two. It does improve the density and improves the hardcover as they have already noted. We went through the hardcover variances last year and they've agreed to remove a considerable amount of hardcover while still maintaining the necessary hardcover. In theory, I see it as a positive. But as you go through the analysis, that's where staff ended up. It doesn't conform to the acreage requirement, correct. Benson said she is just interested in weighing the options, given that it's a new ordinance (for ADUs) and understanding this is not a typical scenario, but also understanding the importance of precedents, and given that it is a new ordinance, being mindful of respecting that. Curtis said Staff does find that this is an extremely unique situation. So if you are focusing on precedents, I think for the next applicant to come through with something that's compelling enough for an approval, I think would be difficult. Benson asked if that's the case, why did staff recommend to deny? Curtis said because it's a newly-adopted ordinance. Seals said most often applicants are asking to split lots. That's a very typical request. So to me, going from three to two is a benefit to the lake and density. I know it's a little early in our ADU process so I appreciate staff sticking to the letter of the law. Benson asked about the hardcover reduction. Leslie Oare, the property owner, said the Swenson property was 32.5 percent hard cover. Our home is 29.6, which we got a variance for when we built it. By combining the old guesthouse back with our MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 16 house, we dropped to 25.6 percent. We just want the historical use; that was always as a guest house for our property -- it was divided off in 1978. I'm not sure how that happened but we're trying to put it back and then benefit another property at the same time, because then they'll own to the road and drop their driveway easement. Johnson moved, Seals seconded, to direct staff to prepare a resolution to approve LA22-000065, 2967 Casco Point Rd. Variances. VOTE: Ayes 3, Nays 1 (Benson). 17. LA22-000060, JOHN GRZYBEK O/B/O WARD EDWARDS, 2474 CARMAN STREET, SKETCH PLAN Community Development Director Laura Oakden presented a sketch plan proposal and said Council was being asked for some informal feedback to the applicant regarding their proposed plan. 2474 Carman has a street frontage on Shoreline Drive and the lot is long and narrow with a lagoon that divides the land right in the middle. It also has an identified wetland on the property. The parcel as it sits today has about 1.6 acres of land above the ordinary high-water level. The lot is improved with a single-family home on the southern portion of that lagoon, and the property is relatively unique with a split zoning with the south side of the inlet being our LR1B which is a one-acre minimum and north of that inlet or lagoon area being half-acre minimum or LR1C1. The applicant is proposing to split the lot into two parcels right down the lagoon or the inlet area to facilitate a new building site north of the inlet. The north side is heavily wooded and includes that wetland and some grading area that drops off of Shoreline Drive. An application in 2020, which included this parcel and the parcel to the east at 2480, contemplated a subdivision of those two lots going from two lots to four lots. At that time Planning Commission and Council were not in favor of creating any new non-conforming parcels. With that analysis from 2020. today the existing parcel as it sits is non-conforming as relates to lot width. As proposed that northern parcel would meet the LR1C1 requirements of the half acre and the 100 foot while the southern parcel would require a lot area variance as proposed. It's .68 acres where one acre is required, and a lot with variance at 125 feet and with where 140 is required. For this application to move forward two variances would be needed. Commissioners discussed requiring a shared access between this parcel and the parcel to the east at 2480 Carman to limit access on Shoreline Drive and to work with that neighboring parcel. Overall, some of the Commissioners did support allowing the creation of a new single-family lot on that northern parcel. Commissioner Ressler noted he did not support creating a new substandard parcel with variances. Commissioners also discussed the potential for rezoning the area to be consistent with the neighborhood as this is unique with a split zoning to see if that resolves any concerns. Council should discuss if they are comfortable as proposed with the necessary variances for this application. You also should discuss concerns regarding the buildability with that area, based on the wetlands as shown.. Planning staff request feedback to the applicant identifying those issues brought up. Scott W Edwards, 2474 Carmen Street, stated we've presented this before, and I guess nothing really substantially changed except for we had tried a number of other configurations. We feel the simplest way to do this and the most natural way is to split it in the middle of the lagoon. That’s historical going back. These lots and the one at 2480 have always been thought of as two lots. Going back there was even, I think, two different tax ID parcels numbers, before the lagoon was dredged in the ‘60s, I believe. I would like to note that the wetland that is designated is a technical term. It's really just a peat bog. There's no standing water historically on that area, but we did have it surveyed, I think three or four years ago, and MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 16 that is the outline of the peat bog. There is a curb cut there that has been existing for some time going out to County Road 15 that splits the lot line between 2474 and 2480. So that has been existing for quite a few years and that would be the proposed access driveway that we would use for the two lots. Johnson said the creation of a new lots and with variances is not something he'd support for a new lot. Walsh said this council has stayed away from creating lots that need variances. Seals said she called staff earlier today about Items 17 and 18, and was trying to understand what was different from when the Council reviewed this parcel before. I appreciate wanting to have something there but to be consistent with what we said back when we reviewed it last time, I would not be supportive of creating additional lots with more non-conformities. Benson said she was in agreement. Walsh indicated he would go on to Item No. 18 on the agenda which is a related parcel. 18. LA22-000069, BRETT AND AMANDA LARSON, 2480 CARMAN STREET, SKETCH PLAN Oakden said 2480 Carman is the property referenced to the east of the parcel just discussed but slightly larger. As existing today it's 1.85 acres of land above high water. The property has a new home with a building permit issued in 2022 for the southern portion of this inlet. Again, it has the challenge of that split-zoning with the LR1B one-acre minimum on the southern portion of the lagoon and the LR1C1 half -acre minimum on the northern portion. The applicant’s goal is to facilitate a new building site north of the inlet. Similar to the 2020 application, the northern portion is conforming today. The southern portion would be substandard to area as it does not meet one acre in area. They meet the width in this application, so just one variance would be needed in the sketch as proposed. It was a similar discussion by commissioners in that they commented on a shared driveway access. Concerns about creating new non- conforming variances was also discussed. You are directed to provide feedback to the applicant based on this discussion. The applicant did submit an alternate plan which was emailed out to you this afternoon. That can be discussed as well. Seals questioned whether in dividing the parcel if the new construction would still be conforming. She asked if that house was built based on the totality of that whole lot. Oakden said she believed the applicant designed the house with the division in mind. Even if they were to divide, their intent is to meet the hardcover and structural coverage still today with that new house if they just have the southern lot. Staff has not done a full analysis of that to verify those numbers. To comment on the submitted alternate plan before you, they provided a long 25-foot width strip of land that touches Shoreline Drive that would be accountable to lot two to then meet the one-acre minimum. That would resolve the need for a lot area variance as it’s proposed. However, this does create a unique flag-shaped lot with some land not attached and not accessible to the building envelope, which staff raised concern about to the applicant. Staff would also recommend a rezoning necessary with this alternate plan, as we MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 16 won't want to create lots with new zoning or create lots to maintain that split zoning so this new parcel should be all one zone. And then that raises questions of a sliver of rezoning between two other zoning districts and the usability of this 25-foot space. So it's more of a design discussion the Council should have for that applicant. There is the application as submitted today, which would require a lot area variance, then there's this alternate plan. The applicant, I'm sure would appreciate some feedback on as well. The new plan was submitted after the Planning Commission meeting so it did not go in front of the Planning Commission for feedback or analysis. From staff’s review of it, it meets the lot area standard so no variance would be needed. But it doesn't necessarily follow the general guidance of not wanting to create flag lots or creating accessibility of this space to the building envelope, because it's not contiguous in land. Benson asked if it is possible to have the Planning Commission take a look at this since this is essentially a new plan. Walsh explained the Council was giving guidance. Then they would bring it to Planning Commission to go through the process. This is just a guidance conversation. Brett Larsen, 2040 Carman Street, was with Mark Gronberg. Larsen noted the applicant’s preference would be to split the lots down the middle of the lagoon. We are building a new home on the southern portion of the lot. We had the architect and the engineer and everybody design the home to fit within that. We have setback coming at us from three different directions, so that was a limiting factor as well. So we were able to avoid needing a variance on that southern portion of the lot by tearing down the old home, moving back out of the setback, and then building within the permitted area. Realistically, the southern portion is .8 acres. We're not planning to build more than one home on it. But if we if we have to go with the second proposal, we didn't submit it to the Planning commission, but we did speak with the Planning Commission about it last month. Walsh said not in depth, though. They haven't brought it yet for a full conversation or a staff analysis to make sure it works or how it impacts the property next door, if we can even do flags that go across the water. In general, I think if it meets everything we always say it's good. But the devils in the details. So that'd be about as good a guidance I can give unless you have any other guidance. Johnson said it sounds like the hurdle is if it's a front and back lot, it needs a minimum of 40 feet in width, right? Oakden said if they were proposing a front/back lot subdivision, the back lot would need to be 150%, the zoning district area standard and then it's a 30-foot access outlet. That 30-foot access outlet you're referencing wouldn't count towards the backlot area. They're proposing to maintain this flag area and not be a backlot. Johnson said just because there's a provision in the code that kind of allows it, this isn't an example where you can use it. But, you know, with the separation of the water there, I'm not supportive of giving a lot division with this configuration with land on the other side of that lagoon. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 16 Walsh pointed out it's an add-on to figure out how you can take that little piece and add it to over there, even though you can't get to it. I'm not saying don't bring it to the Planning Commission, if it'd be interesting to vet it out and kind of see how it all works. Gronberg said the Planning Commission seems to be in favor of a rezoning of the house piece down to a half-acre. Walsh said that's something we haven't done in a long time to rezone areas because it's like where do you stop rezoning? Gronberg said it’s a unique situation with the lagoon that goes through. Walsh said I'm not saying it's not. You have obviously come up with a very interesting creative kind of possibility. Whether it works or not, I'm not sure. But it seems like it might be worth taking them through the process. Larsen said he believes if the City creates a precedent, there's nothing to really apply it to other than potentially next door, although it's a bit different. Walsh said there are a lot of different issues, I think, on this piece, for sure. I mean, just splitting properties having non-conforming lots, attaching a strand of land that doesn't attach to it. It brings up some strange possibilities. Seals said if the applicant thinks it's worth a go, then definitely bring it back through planning. I don't think looking at it right now, I would say yes. I don't love the idea of having this weird L-shaped thing underwater. It doesn't feel quite right. But I appreciate running it through the process. We've looked at this property several times. We've said no a lot on it. I appreciate wanting to put more properties on the lake. But I also appreciate most Orono residents don't want more properties around the lake. If you guys really want to go for it, bring it back through planning and see what comes back to us. Benson said she’d say if it's been a while since you took this to the Planning Commission, if it was the previous owner, I'd be in agreement with Councilmember Seals. I'd like to see what planning says. In further community development reporting, Oakden said she had attended a few Minnehaha Creek Watershed District and other training meetings recently and has been busy trying to catch up on some internal projects and permits. There are no major updates. FINANCE DIRECTOR REPORT Finance Director Olson reported the auditors were on site last Wednesday for field work for the 2022 audit and that went as smoothly as can be expected. Reporting on building permit revenue, Olson said January of 2023 was about 45 percent higher than January of 2022. Permit revenue generally follows a bell-shaped curve, so if we follow that same bell-shaped curve this year, the one month look is positive. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 16 Walsh said nothing seems to be slowing down. As we get closer to spring and warmer weather it's just going to get more active. He noted the City had maintained its Triple A bond rating which is the highest you can get. Olson said that was right. Moody's did reaffirm that. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Walsh reminded the audience these items are not public hearings. 19. ORONO FIREFIGHTERS RELIEF ASSOCIATION Edwards said Item 19 would require Council action and staff is looking for guidance from the Council on the establishment of the Orono Firefighters Relief Association. He noted in the fall of last year the Council passed a resolution stating the intent to establish a fire department. One piece of establishing a fire department is to have a Relief Association, a place for pensions for firefighters. The creation of a Relief Association does require special legislation at the State. Therefore, if we're going to pursue the establishment of a Relief Association, we need to be engaging with the Legislature. If we want this to happen this year, the language can be written and it can go through the appropriate committees and eventually be decided by the Legislature. The Fire Chief James Van Eyll, who can't be here because he's at a training event, did prepare background on some of the things that we have done so far. At a staff level reached out and talked to the State level staff both for the State Auditor's Office and also the legislative writer for The Pensions Committee to find out how this process works. And we think we have a decent understanding of that. There are a number of steps that have to happen as we go through that process, in particular engagement with our State level representatives, both in the House and the Senate. He said there are two parts to the Council action being requested. One is direction to the staff to make those interactions, those engagements with our counterparts at the state. But also there does have to be engagement at the elected official level. And so staff has a recommendation that we would appoint our fire negotiating committee, Councilmembers Seals and Johnson, to fulfill some of those duties as we try to negotiate both with our friends in Long Lake, as well as our State elected officials. Walsh added, just a little more history; we did make those motions to create the Orono Fire Department and to hire our Fire Chief, James Van Eyll. And we did the direct staff to set up the legislation to start being able to bring the pension funds over from Long Lake to Orono, which basically we need to do when we're hiring the firefighters so they can come over. That's pretty standard practice when there's new fire departments or changing fire departments, that wheels have already been created. This is a little more specific because we didn't give a motion to do it before, but this motion is now to do it right. With the specific elected officials, the State and the local level, it's just a process that we have to go through, just take some time. We've just started the process and we're kind of in the middle of it right now. And then our appointed negotiating committees with Matt and Victoria would help staff manage that process and MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 16 stay in touch with everybody through the legislative process to get that in place. It's a paperwork and legislative process. Seals said the only thing she would add to it is that one of the things that the firefighters have had lots of questions on is, how do we know that if we can't work out a deal sooner than later with Long Lake that we're taken care of. So one of the commitments we've tried to make to them is that we will do everything, just to make sure that regardless of where things land, that they're set up and covered. Through working with the State what we've learned is that this process is longer than we'd like it to be. It's government, right? In order to make sure that things are not last minute, and that we have time to make sure that it happens, we have to start this now. So I’m obviously supportive of it. At the end of the day firefighters are super important to the department and the community. I just want to make sure they're taken care of. Benson asked the City Administrator if there is a possibility or is there an issue with doing this in 2024? Edwards said if Orono wants a Relief Association that's established so that we could potentially start recruiting and pulling in firefighters in 2024, we need to be in the 2023 legislative session to get that through. Benson said given that, I'm going to talk about my concerns. This predates my time on Council, but last fall in September 2022, Orono Council passed a resolution of intent to establish a fire department. And then there was the purchasing of the ladder truck and then the hiring of a chief late in the year. And then in the beginning of this year, we voted to spend about $192,000 to refurbish the ladder truck. And it's still undetermined as to whether or not or when this truck will be able to be used given ongoing negotiations with Long Lake Fire. We find ourselves here tonight dealing with what I'd call another administrative concern or somewhat of low hanging fruit as it is paperwork to establish a fire department for the City of Orono. And to date, despite the critical importance of this issue, there has been no presentation to Orono residents outlining why we're here. And what are the viable options for service going forward, both quality of service most importantly, and also cost. There has been no cost analysis. This action to me seems to be premature given that the City of Orono has yet to inform our residents about why we're moving in this direction of an independent fire district. Where I'm coming from is until it's known that an independent fire district is the safest and most cost effective answer to fire service for a city, the notion of making permanent changes under what feels like a somewhat false sense of urgency to this Relief Association seems an unnecessary use of staff time. This action also sends a clear message that negotiations with Long Lake Fire are unlikely. And it also sets in motion a number of consequential actions and decisions that will move us further down this path that we're not certain our City needs to be on. Where I'm coming from with regard to this issue is I don't see any reason why this type of administrative requirement couldn't be tackled, and you did answer that, next year, if, and that's a big if, the City of Orono is still in a place where we feel an independent fire district is the best course of action for our residents. Seals said this is not permanent, so let's not use that word, because what we're doing is setting up a mechanism so that our firefighters are supported regardless. The word permanent is not quite accurate. I also don't think, and I don't want to speak for you, Matt, but we are completely open to still meeting with Long Lake so let's not put words in either of our mouths. The next thing on the agenda actually speaks to MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 16 a full presentation that will come in short order that's done by staff. So agreed, I could see where it could come out of order. But also, we're not on timelines that I'm dictating. The government dictates when their legislation happens. I think that is a little bit of a mischaracterization to say it's permanent. Staff actually has a very robust plan to share a full picture on all the options. And, frankly, if that option to go with Long Lake comes out on that timeline, having this in place doesn't hurt them. So I don't think we should jump to the conclusion that it's permanent, or that negotiations are shut down, because these are the things that are coming very shortly. I don't know, Matt, if you want to add on to that, Johnson said he was prepared to make a motion to direct staff to move forward. Johnson moved, Seals seconded, to direct staff to move forward with the special legislation process and appointing Victoria Seals and Matt Johnson to work on the process. VOTE: Ayes 3, Nays 1 (Benson). 20. FIRE DEPARTMENT NEEDS ASSESSMENT Introducing Item 20, Edwards said the City perhaps could have put these two items in the reverse order on the agenda to discuss. The intent here is to get formal direction from the City Council for a fire department’s need assessment, again, with the Council action of last fall directing the intent to establish a fire department, and then the hiring of a fire chief to help develop what that future fire department looks like. The next logical step is that we need to complete a needs assessment. And our fire chief has already started working down that path. But prior to expending an inordinate amount of staff time in any direction we wanted to bring this to you. The Council action outlines what the assessment scope work is proposed to be and talks about some other deliverables. And then in particular, paragraph five talks about the timeline in which we would complete the needs assessment. And then we’d come back to touch base with both the negotiating committee and the Council, and eventually a formal presentation at the very end. For those who can't see the Council action, we're proposing a timeline that would end in June, at the June 12 Council meeting with a final report and presentation to the City Council with some intermediate steps, obviously, in between. Seals indicated the timeline calls for a draft report May 22 to City Council, and then another a final report and presentation on June 12. Edwards said the way that we laid out the timeline is we'd have some progress check-ins with the negotiating committee. We would then bring a draft of the of the presentation and the report to the Council in a work session-type environment to get some informal feedback before finalizing the final version for approval or not at the June 12 meeting. Seals stated she appreciates that there are a few check-ins planned in the timeline. There's a lot of notice to have for the Council and the community so they can look forward to what's coming. She said she also appreciates that Edwards has involved other staff like the finance director and fire chief. You guys will have a very robust presentation that compares all the different options on the table. Pulling in Long Lakes’ offer, which she said is important to be included, she encouraged the other City Council members who have any questions to send them to the key staff so they can make sure that those are included in the MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 16 actual presentation and can be answered ahead of time as much as possible. This is a really good step of getting that full body of work out to everybody. Who knows how it will shake out? Benson said to her number four on item 20, the other deliverables, is kind of the crux of the issue. What it says is that the study will include cost comparisons of the various negotiating offers that have been proposed since negotiations began with Long Lake. And that's just the issue, that we find ourselves in the position of moving forward in every way, both administratively and with procurement of equipment, without having done a most basic needs analysis and assessment of the financials. And to me, this feels akin to deciding to move to a new home without deciding whether or not you can afford it or if it's a good choice. I fully agree that having a needs assessment is an important thing to do. I think this would have been appropriate a year ago, or more, when these discussions first started, because it's unfortunate, from my perspective, that with everything at stake with our City, with fire service, with safety of our residents, with the firefighters, and with the finances involved here, that this type of work hasn't been done until now. So I'm in agreement with the needs assessment. I think it's coming at a time where we are running up against deadlines. And again, my hope is that the focus is on this number four other deliverables, Seals asked if the Council is okay with the timeline, or finds it too long or too short? Benson said she doesn’t think she is okay with the timeline. The notion, given that we're in contract until the end of 2025, given the fact that we've just passed the decision here to move forward with the State legislature, things are starting to bottleneck here. The time to pull back and look at a needs assessment financially, for the safety of our citizens, we're in that critical time here. We've talked about in past meetings that when Long Lake did give a response, we were quite clear, as a Council, that was the time to open it up to the public; that was the time to really engage with our citizens. Those are the individuals that put us here, and those are the individuals that we answer to. So it was quite clear to me in meetings past that the time to open it up to the public was when Long Lake gave a counter-offer, which they did. So the needs assessment as it stands, I think is a great thing to do. My preference would be that the focus in large part is on that financial assessment, especially with our Director of Finance, on option A versus option B. Or however you want to put it, going it alone building our own department from the ground up, versus staying in contract with Long Lake partnership. However we do it because logically to me, and what I've heard from residents and constituents I've talked to, is that it's not clear that we do have an option. It starts to feel as if we've moved down the road so far that we're not able to look at safety and finances from an objective point of view, and to take our time doing it, because this is obviously a critical issue, and one that I don't feel in any way comfortable rushing. So to answer your question, which is a good one, I think I have no argument with a timeline. But I'd like it to not put us in danger again of being in a place where we're stuck. Seals said the Council has asked staff for a very thorough cost comparison, making sure that they really look at whether this is worthwhile. James is an expert for us in what does fire service need to look like for the City of Orono? What does a good fire service look like? What should we be paying? How should we be staffed? What would duty crews look like? The goal is that that's what they bring to us. So I think regardless of whether it should have been last year, last week, the question in front of us is, and I believe this is what you're asking is, are we comfortable with this timeline and these deliverables? And I would say yes and I can make a motion if that's what you're looking for. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 16 Seals moved, Johnson seconded, to approve the fire department needs assessment, deliverables and timeline as written in the document. VOTE: Ayes 4, Nays 0. 21. 2022 HENNEPIN COUNTY YOUTH SPORTS GRANT Edwards said last fall, the City Council passed Resolution 7305 requesting the Hennepin County Youth Sports Program consider us for a grant of $200,000 for a project to provide pickleball courts and more importantly for the grant, youth hockey facilities. That grant would have been for monies to use in the 2023 construction season. The 2023 construction season is rapidly approaching. We are currently noticing, and Hennepin County has noticed, that there have been some delays in fundraising. And there may still be some questions about the end state of these facilities and this project. We've had a number of staff-to-staff discussions with Hennepin County Grant staff on this. And so based on the uncertainties, what we're recommending is that the City Council authorize staff to pull the grant application from contention for this construction season. We can, of course, then resubmit it for future construction seasons, once we have a more finalized plan that seems less contentious. Walsh said he thought that would be a smart play. Our goal is always to be upfront with the Counties that we're applying to for grants because we apply for grants all the time with all our different parks. It's multi- grants and multi-facilities, and we have another big one that will be coming up for sure with Hackberry. It's taken us some time to get through the process. And it's hard to raise money when you haven’t gotten through the process yet. On March 6, the Parks Commission is going to have their work session to go through all the good, bad and ugly as to what they like, what they don't like, see what things checks the box, what hills may be too high to climb, what may be the next best alternatives, the pricing, how that works. That's going to be the meeting that is going to vet this then give recommendations to the Council to either continue the process in a different direction or just not do anything. It's the smart play to pull that right now, because we're a little bit behind in the timeframe, and we don't want to take money from somebody else that could be in the process and get the money that's ready to go. Seals said it makes sense. That's a large amount of money. You'd hate to see another Hennepin County city not get awarded and us get awarded and not be able to use it. I also would not like to see future requests looked at differently, for example Hackberry. So I think it's smart. She also mentioned the March 6 Parks Commission workshop. I think there's obviously an interest in pickleball. I don't know if the location is ideal. I've heard both sides of the coin. But really, that's where that conversation should happen. She said it is her understanding concerning the Hennepin County grant that if the City didn't have hockey there, the grant really wasn't as viable. Edwards said that is correct because the grant the City was specifically going after was a youth sports grant. They did tell me on the phone that pickleball is not yet something they categorize as a youth sport and that youth hockey is very much so. So that was what that grant application was resting on, that youth sport component. Seals noted that she thougt it makes sense to pull it out of contention. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 16 Seals moved, Johnson seconded, to authorize staff to request the Youth Sports Grant Application be removed from this round of consideration. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Nancy Brantingham, 3185 County Road 6, Long Lake, said during the public comments at the January 9 Council meeting she requested that the Orono City Council hold an informational meeting similar to the one held by the City of Long Lake to inform residents about Orono’s decision to end the current relationship between the two cities related to fire services. At that time, Councilman Johnson stated that as soon as Long Lake had made a decision regarding Orono’s offer the City would inform citizens regarding the fire department's situation. I responded to the Councilman that with all due respect, it is not necessary to wait until things are settled to inform citizens about this situation. Indeed, citizens should be informed and have opportunities for input before final decisions of this importance are made. The City of Long Lake took just such an approach last fall providing information about the entire process and the available options and allowing ample time for citizen input. That said, I would now request that the City of Orono hold a public hearing for our citizens and I respectfully request the following: one, that the Council explain how and why the decision was made to terminate the current arrangements with Long Lake; two, what the true costs of going it on our own will be; number three, why the Council has shown no obvious interest in exploring other options, including the formation of a multi-community fire district as neighboring cities appear to be doing. Brad Erickson, 2485 Independence Road in Independence, Minnesota, said I have a business at 2160 West Wayzata Boulevard and have had for many years now. If you see something, say something, that's how I was brought up. And it seems to be a common theme going forward with our government and shit that's going on in our government. It's been a long 10 months since I first discovered the now infamous Holocaust video sent to me by you, Mayor Walsh. The comparisons of current day America to Nazi Germany and the extermination of 6 million Jews makes me sick. And it's shameful. I never would have imagined such filth and disgusting rhetoric being disseminated from the office of the Mayor of this town. Nor would I have imagined it heading straight to the Capitol in Washington DC on January 6, 2021. But that is exactly where it led. Approximately six months ago a man from a local prominent family approached me about Mr. Crosby and a mutual friend traveling to Washington DC to take part in the events that unfolded on January 6, 2021 and they were bragging about it with others upon their return, including selfies that were taken out there on the steps. I immediately requested a meeting with Mr. Crosby at my attorney's office, which Mr. Printup arranged, and attended on August 3, 2022 for 2.2 hours. Contrary to Mr. Crosby's version, however, he was less than forthcoming about his involvement with the January 6 matter and instead spent most of the time pleading with me to forgive you, Mr. Mayor, for the video you had sent me. Yes, you did. Are you denying that you sent me that? You should. Only after unsuccessfully negotiating with me and out of concern for his own political future, Mr. Crosby and you, Mr. Walsh, set about to publicly defame and discredit me. This started on August 22, approximately two weeks after the January 6 meeting and took place in this very chambers. After the initial attempt by this mayor to attack my character failed, I was forced into legal action and set off in a whole new direction which led to places no one could believe unless they had seen it for themselves. While it is truth for some to believe that January 6 was no big deal and constitutes fake news, for the majority it is an enormous stain on our democracy here and around the world; in other words, this is a big deal and must never MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 16 happen again. And now we as a city have a big problem; an elected official that sits right there who is part of this, how big a part he won't say for sure. Walsh told Erickson his time was done and directed him to take his seat. Chelsea Wetrick, Independence, Minnesota, stated when asked a question you have to act in truthfulness, all of you do. But questions have been asked, and you just don't answer them. You guys have your own agenda and you just sit and roll your eyes at people and call them names. You have no right to do that. People want to know what's going on. We want answers and we expect you both to give answers. Walsh closed public comments. Ms. Brantingham returned to the podium and said she would respectfully request that you allow the gentleman who asked for a chance to address the Council to do so. Walsh said we've closed public comments. If people want to behave and come up and talk appropriately, then maybe. Otherwise, maybe we will just cancel it in general. Mayor and Council reports were not given at this meeting. ADJOURNMENT Walsh moved, Seals seconded, to adjourn the meeting at 7:23 p.m. VOTE: Ayes 3, Nays 1 (Benson). ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, February 13, 2023 Council Chambers 5:00 p.m. Page 1 of 2 PRESENT: Mayor Dennis Walsh, Council Members Victoria Seals, Alisa Benson and Matt Johnson. Staff members present were City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Public Works Superintendent DJ Goman, Community Development Director Laura Oakden, Golf and Parks Superintendent Josh Lemons, and City Clerk Anna Carlson. 1. Brush and Leaf Disposal City Administrator Edwards began discussion with an explanation of why the item was in front of the Council tonight. He pointed out the main reasons for the brush site and relayed the evolution of the site since 2017. Mayor Walsh added why the city began the brush site and the changes that have occurred since the establishment of the site. Edwards noted that the volume has considerable increased along with costs for chipping and it has created a reason to reevaluate the site and discuss its future. Public Works Superintendent Goman explained that the site has seen more volume in recent years and added that one way to reduce volume could be to limit use. He added that he is looking for council input about site concerns. There was discussion about possibly adding charges, reaching out to other cities to see what they are doing, the usefulness of having a larger storage area for chips, tracking use, and varying site hours to help facilitate proper use. There was also discussion about removing the contractor access and to see if that makes a difference over the next year. Walsh noted it may just need to be managed differently, however, we should continue to provide the services for residents. Edwards added that we have asked brush site workers to come in to help mitigate abuse of the site from contractors and that seems to also help with volume. He noted that staff has had discussions about the location of the site and have considered other possible options for site location. Council Member Johnson noted that whatever changes we end up making, we should communicate it to the public to make them aware. 2. Added Item – Council Member Benson Mayor Walsh added and item of concern to the work session agenda. He noted that is has come to his attention that Council Member Benson has been attending the Northwest Hennepin County Mayors association since January. He asked why Benson had attended the meeting. Orono City Council Work Session Minutes Monday, February 13, 2023 Council Chambers 5:00 p.m. Page 2 of 2 Benson mentioned that she had been invited to the North West Hennepin County Municipalities Mayors meeting and attended. There was discussion of who should attend outside associations and/or agency meetings on behalf of the Council and that proper etiquette during those meetings as representatives of the City is important to take into account. 3. City Council – Staff Procedures Edwards presented the staff procedures and processes for staff-council interactions, procedures for setting the agenda, Council meeting procedures, and meeting minutes standards to the Council. Adjourned: 5:58 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Anna Carlson, City Clerk MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 13 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, Alisa Benson, Richard Crosby III (left the meeting at 7:15 p.m.), and Victoria Seals. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Community Development Director Laura Oakden, City Planner Melanie Curtis, Public Works Superintendent DJ Goman, Fire Chief James Van Eyll, Police Chief Correy Farniok, and City Clerk Anna Carlson. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE 1. Oath of Office A. Council Member Matt Johnson B. Council Member Alisa Benson Mayor Walsh administered the Oath of Office to Matt Johnson, re-elected council member. City Clerk Carlson administered the Oath of Office to Alisa Benson, newly-elected council member. Each signed their Oath of Office in the presence of the assembly. APPROVAL OF AGENDA CONSENT AGENDA 2.CITY COUNCIL MEETING MINUTES OF DECEMBER 12, 2022 3.CLAIMS/BILLS 4.2022 INTERFUND TRANSFERS & LOAN PAYMENTS This item was removed from the consent agenda 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) Exhibit B MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 13 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 This item was removed from the consent agenda 16. WATERMAIN REPLACEMENT PROJECT (22-023) – CHANGE ORDER #1 17. SHORELINE ESTATES (LA21-000055) - STORMWATER MAINTENANCE AGREEMENT AMENDMENT This item was removed from the consent agenda for a future date. Crosby moved, Seals seconded, to approve the Consent Agenda as revised with items #4, #15 and #17 removed from the consent agenda. VOTE: Ayes 5, Nays 0. PRESENTATION 18. APPROVAL TO ACCEPT DONATION – CRIME PREVENTION FUND – RESOLUTION NO. 7332 19. APPROVAL TO ACCEPT DONATION – CRIME PREVENTION FUND – RESOLUTION NO. 7333 Craig Anderson, secretary/treasurer of the Crime Prevention Fund, gave a history of the fund and outlined current activities. Steve Anderson, board member, said one of the purposes of the organization is to provide extra funding for specific items and connect the police department with the community. Seals moved, Crosby seconded, to accept the two donations from the Crime Prevention Fund Resolutions 7332 and 7333. VOTE: Ayes 5, Nays 0 4. 2022 INTERFUND TRANSFERS & LOAN PAYMENTS Council Member Benson asked for an explanation on the funding for this item. Finance Director Olson explained the 2021 State bonding bill provided funding for Big Island Improvements including ADA accessible trails, toilet facilities, picnic facilities and signage and the money was received into the general fund. This action moves the money to the park fund. Seals moved, Benson seconded to approve the 2022 Interfund transfer. VOTE: Ayes 5, Nays 0. 15. APPROVAL OF FIRE LADDER TRUCK REHAB AND EQUIPPING Nancy Brantingham, 3185 County Rd. 6, said she was at the Long Lake Fire Dept meeting that was held before the holidays. A number of citizens in Orono asked that the council provide an opportunity to meet and have information about this. She would like to know what the council’s response is to that request MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 13 and would like to add her voice to theirs. She noted the City of Orono does not have approval from Long Lake that they will go with Orono’s proposal and yet here we are with a fire truck. She said she feels like we may have gotten out in front of our skis. She would like to know more about this whole fire situation and doesn’t feel like residents have gotten enough information. Seals said both she and Council Member Johnson are on the negotiation committee and you are right that there is no agreement in place between the two cities (Orono and Long Lake) but between the cities served by Long Lake Fire there is no back-up engine. If any engine goes down we’re going to be lacking service for our residents. This truck would serve as back-up for an engine and as a ladder for the taller buildings in the City that an engine can’t get to. Upon talking to Adam we still have flexibility for us to do that partnership with them. I know on these pictures you see Orono Fire Department. It’s a decal, it doesn’t mean it’s happening tomorrow. One of the city’s greatest responsibilities we have is to provide fire service to our residents. A lot of equipment servicing this area is really old. Orono still has the opportunity to work with Long Lake and the City would be willing to put this truck on loan to them. While this might seem like putting the cart before the horse, this is making sure your fire fighters have the tools they need to get to your house when there is a fire. There are still ongoing talks. Matt and I met with the committee last month. They are supposed to be giving us a response at after their next council meeting but that is in their control. Johnson said what’s in front of us right here is the conversation about rehabbing of that equipment. He and Seals attend Future fire services meeting that neighboring communities attend. There was a proposal coming from City of Wayzata. He explained that under Mutual Aid, when we have a big fire then our neighboring communities assist with that fire and we do the same thing on the police side too. Wayzata and Maple Plain have ladder trucks. When the City of Orono has a fire that requires a ladder truck mutual aid comes. The Cities don’t pay one another for mutual aid. The other departments wanted Long Lake Fire to pay $700,000 for 10 years to contribute to their new ladder truck. That spurred a conversation and a great piece of government work. The City found a used ladder truck for $350,000 and it is being refurbished for under $200,000 and Orono will own it. We’ll get 10-plus years of service and we took the additional steps of outsourcing different components of this refurbishing, to really get our price down as far as we could. This will allow the City to provide a better level of service to the community since it will be inside the City walls, instead of coming from abutting cities, adding it is the fiscally responsible thing to do. He said Orono has been paying for 85 percent of the equipment purchases through Long Lake Fire so would be paying 85 percent of this irregardless. He said it’s a piece of equipment we understood that we need and we did a terrific job as a community creating a solution that saves the taxpayers money. Ms. Brantingham again asked the council to pay attention to the request that was made at the Long Lake meeting for a meeting for our city to continue to provide residents with information on this Long Lake/ Orono whole Fire Department situation. We just need information. Johnson said that time will be most appropriate when we know what Long Lake is going to do. We are waiting for their response to ours. At that point there’s a conversation that needs to be had. Right now we’re in limbo. In the meantime, we have to make sure you have fire service. Mrs. Brantingham thanked the council for the clarity but said I’m just asking again that the council commit to holding an informational-type meeting like what was done in Long Lake for citizens of Orono, so we understand what is at stake here and what it will cost Orono residents. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 13 Benson asked where the truck is currently and was told it is at the public works building. She asked if this dollar amount for rehabbing is for all of the items needed. Johnson explained the $70,000 cost was for refurbing by the manufacturer, multiple vendors are providing equipment for $115,000, and graphics for another $6,600 are included in the refurbishment and equipping costs. He said once it is ready it can be offered for training. Fire fighters would like to have access to this vehicle as soon as it is fully operational. He noted acquiring a ladder truck has been on the capital improvement plan for a number of years. Edwards clarified the $70,000 included the cost of refurbishing by the manufacturer and work the city could do in-house. Benson noted that in reading the packet there seemed to be different gradations of rehabbing. Edwards said when ladder truck was first purchased the City had McQueen Equipment do an assessment of the vehicle and was provided a comprehensive list at the staff level. The first list is what had to be done to put the truck into service; secondly, what would be good to do if the city had the funds, and a third category that was more aesthetics, like $70,000 to change from one shade of red to another. We didn’t think that was necessary so we said we weren’t going to do that. There were items on the list we already had as a city or could use existing vendors, for instance, tires, where we could use our existing vendor to provide the tire replacement or at a lesser price. Johnson said tTires went from $9,000 to under $4,000 as an example. Benson asked if $192,000 (not $182,000) $182,000 for rehabbing includes the first two categories but not the third, the aesthetics. Edwards said correct, there were items we decided not to do. The first item, $70,000, those are all of those maintenance-type items. The $115,000 for equipping is all of the things you need on an engine like hoses tool sets, extraction equipment, radios; all the things that make an engine do what it needs to do. The graphics are just that. They let people know which department the truck is from. Benson asked if the intention is that when the fire truck is done it becomes part of the fleet and is used right away. Johnson Van Eyll (not Johnson) said that would be the ultimate goal but we would need an agreement with the city of Long Lake and the fire department to be able to do that. But yes, that would be the ultimate goal. . Edwards said the truck has to be refurbished and equipped before it can be offered for training. In unofficial discussions with Long Lake, once it is at that point they would entertain idea of using it. My understanding is the fire fighters would like to have access to this vehicle as soon as possible. Seals pointed out the lead time to order a new ladder truck is three years and the cost is about $2 million. At the future fires services meeting they talking about that even just generally in in the area, all the departments are at risk if one engine is down. It is not like you can bring it to Chunks in Long Lake and they just fix it. So having even as a backup is a huge value to all the cities. And I think it's good that we're MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 13 talking about it so that the city's know that we're open to putting it on loan right away and getting the guys trained, because this is this would be a completely different piece of equipment for them. Benson asked if this has been in the works for a while. Edwards said the idea of having a ladder truck has been on the capital improvement plan for a number of years. It's moved around on the timeline of that capital improvement plan moving forward in recent years. Existing engines are nearing their end of life. This vehicle could become an engine to replace the ones that are aging out. Benson asked if this ladder truck issue is part of the negotiations with Long Lake or something we have been working on for some time. Fire Chief Van Eyll said when he was chief of Long Lake Fire Department they had a ladder truck on the capital improvements plan but it was moved around to be able to satisfy the limited capital funding. In future fire service meetings they found out both Wayzata and Maple Plain departments were talking about possible replacement of their apparatus and how much they were thinking about charging other surrounding cities to share this equipment. That led to a discussion of is there a way to better utilize those funds and actually own this equipment. Long Lake’s two engines are running at about 20 years. A typical engine you want to keep it about 20 years. The last one we bought in 2017 was $475,000 and now they are close to $1 million apiece. Benson said she doesn’t argue at all that it makes perfect sense to me that we look at rehabbing something instead of purchasing something new. She asked to be reminded when this truck was purchased. Edwards said in November or December. Benson asked if the expense for the truck was budgeted in 2022. Edwards said no, the truck was in the capital improvements plan and the opportunity to purchase presented itself. The direction was to purchase it. Benson asked if the improvements were budgeted for this year. Edwards said the costs were added to the 2023 Fire CIP once the city knew it had the truck. Dave Dursen (this last name is incorrect every time… it is Pierson) said he doesn’t question the value of the truck but does question the process. He said residents just found out at this meeting what it will cost to refurbish the ladder truck -- almost $200,000 on the refurbishing and about $350,000 on the truck itself. To spend $500,000 on this even though it is a good deal, he said, the process seems odd because no one in the community knows what is going on. You've decided to buy this truck for $500,000 right or wrong. But we as a community have no idea as to why it has to be done, what you just answered somewhat, and then what the cost is going to be and what the alternatives are. He went on, it seems to him there ought to be a way to include the voters in what the council is doing. We are refurbishing this thing, iIs it allowed in the contract? He asked if this engine can go into the fire station. He added that Orono has indicated it wants to get out of the deal with Long Lake by 2025 and asked if it is possible the City won’t be able to use the new ladder truck until 2025. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 13 Johnson said the City of Orono has purchased 100 percent of some of the equipment so this is not unprecedented in the existing relationship with Long Lake Fire. He said this isn’t a foreign concept in Orono’s longstanding relationship with them. Orono owns 100 percent of fire station number two and 50 percent of fire station number one. So, I don't see any reason why all of sudden, we wouldn't be using this equipment to serve our residents when it's ready to go, people are trained, and everything like that. I don’t see a path of not using this truck until 2025. Mr. Dursen Pierson said he was talking about a legal path to use the truck if Orono and Long Lake can’t come to an agreement. To spend $500,000 without any real information about what’s going on. He asked if the City had gotten bids or done an RFP for the ladder truck. Johnson said the truck was purchased from another department that was selling it so there were no bids but bids were taken for the refurbishment. He said this is not the first time the council has had public discussion at a council meeting about purchasing this equipment and the cost for refurbishing. The initial estimates were higher. He said this might be the first time for you but not the first time the council has had public discussion on this topic. Mr. Dursen Pierson said many people in the community have said they don’t know what is going on. He said there should have been a survey and a town hall meeting to ask people if they are aware that Orono and Long Lake are looking at going to separate fire departments in 2025. Why don’t we have the right to know how our money is being spent? Johnson responded that the city records these meetings, and puts them out live. I’m encouraged by the fact that you are here and learning more. That’s the resident’s responsibility to come forward, learn, find the information. We’re here we’re putting this information out in a very public way. We record these meetings, we publishing them live, and information is available. I’m encouraged by the fact that you are here and learning more. That’s what we like to see. Meetings are on video and all the documents are online. Mr. Dursen Pierson asked about a town hall meeting to address why are we doing it, what’s the cost to the taxpayer, what’s the alternative? Are you saying that because you've talked about it, does that mean that it should be done? I mean, we're a big, we're a big community, and why don't we have the right to know how our money is being spent? He pointed out the action was on the consent agenda at this meeting. When did the public have a chance for input? Mayor Walsh responded that you have that right all of the time and this has been talked about for three years. We have been having dialogs about this consistently. There is video and all of the information is available online. Tthe public had had a chance for input in August. September, October, November; -- pick a month. It is on consent agenda now for refurbishing. He said Orono is the most transparent council. We’ve had these conversations consistently. Mr. Dursen Pierson said what you are saying is the public isn’t engaged. It’s pPart of your responsibility to get them engaged. He again asked for a town hall meeting, pointing out the city was having one the next night on pickleball. Why can't the Council put together a similar meeting so that people can understand how their money is being spent? Maybe, you know, they're busy. Part of your responsibility is to is to reach out to the citizens. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 13 Mayor Walsh said when we actually have something to talk about, that would probably be a good idea. But we’ve been waiting for Long Lake to make deicsionsdecisions on a number of things for years and we can’t get decisions out of them. So maybe you need to go to Long Lake and say, “What are you going to do?” What decisions are you making? Pierson said he’s already done that and his concern is if Orono is doing that. Johnson said the City doesn’t have anything for you right now until Long Lake makes a decision. They have told us, as recently as last week, that after the next council meeting, they hope to have a consensus or a counter or reply to our offer we gave them in October. When they do that, we’ll have something to talk about. Where the existing department is going to go is the first question that has to be answered. In meantime, we have to go ahead as though Long Lake is going to go off and have their own relationship, and those are the steps we are taking here, and make sure we have adequate service for our city regardless of what Long Lake decides to do. We hope they are our partner. We have been very clear we hope going forward we have a relationship with them and keep the fire fighters together. I’m still very optimistic that Long Lake is going to come back to us realizing that very same thing, but it’s in their court. Mr. Dursen Pierson said the City is spending money now on this equipment, $500,000 to 600,000, and have a fire chief hired at $120,000 a year for three years. He’s not going to be fire chief for three years but we’re going to pay him. I’m not saying that’s right or wrong but I think we as a community have the right to at least have the council present to us what is going on. Crosby said if the ladder truck had stayed on the CIP Orono’s cost would be about $1.8 million. Instead of spending $1.8 million, the City is getting a good value on a used piece of equipment we are getting to refurbish that has really been a need going back 15 years we should have had a ladder truck in this community. I was on the department for ten of those years. WeThey should have had this years ago. This truck was a good value without waiting for the build. We have to go ahead and proceed to get things ready regardless of what they do. We are the budget. This isn’t costing us much more money. Orono is the budget for Long Lake Fire. That’s primarily where the money is, from the citizens of Orono. As stewards of that money we’re responsible.. Mr. Dursen Pierson said he is not arguing the value of the truck need but arguing the process. Having been on the council himself, To me you need to let the community know and have them be involved in the decision. Mayor Walsh said we have, we’ve been talking about this since August. Mr Pierson asked why people don’t know about it. Mayor Walsh said, “dDid you know about the last plow truck we bought for $300,000,? dDo you care?” Mr. Pierson said he would if he knew about it. Ms. Brantingham said she appreciates the council wants to have all the details sewed up but when Long Lake had its meeting they acknowledged they didn’t have all the information answers yet but explained what they were wrestling with and asked for citizen input. You have to come out to your citizens and say MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 13 here’s what we’re wrestling with. And that's going to take a little extra effort so you can have credibility as a council. And I do appreciate your explanations. It was very, was helpful. But I don't necessarily feel that I'd like to spend every other Monday night just in case I might learn something at council meeting. I'd like you to reach out a little bit on your own when you already have information. The community is in an uproar about this thing. Please reach out and do a council presentation about where you are at. You don’t have to have everything finalized. I would urge you to do more sooner rather than later. Seals said one of the things James (Van Eyll) is here for is to do a needs assessment. Is he going to be working? Yes, he’s working. He's going to be very, very busy saying figuring out like, what do we need to have the most efficient, best service to you? What does that look like? And really just starting from scratch and looking under all the rocks, all the things that will be brought back to here, but that's not something you do overnight. It takes time. Johnson said he was at the meeting and clearly Long Lake is trying to get support for their cause about what they want. And they’re trying to get residents of Orono to question what their council is doing. Tthe time is coming when there will be a lot more information to share. We’re just short of that. t. James came on the last day of December. We met the first week of January, Victoria and I and Adam was there and Ron was there. The first thing is needs assessment and tThis was their department, they had administrative control. Even though we’ve been paying the vast majority of the bill we’re getting out first look. We’re doing an assessment, in the meantime,. Long Lake has got to make a decision, whatever it is. When those two things come together there’s going to be a lot of public information to share, it’s going to be on the agenda and there will be a lot to talk about. Right now, Victoria and I can talk about it when we’re not on council meetings cause there’s two of us and then at some point we share it with the council. Ms. Brantingham said I would just urge you to do more sooner than later. Okay, then. I'll be finished with that. And I do thank you once again for clarifying. I also think on the video that people might see of this meeting to hear this conversation will be helpful. And that's how we're going to get the information out. But further efforts are required. Kim Carswell, 261 Cygnet Place, said she feels like every time she comes to a meeting this is on the agenda so maybe it would behoove the City to have a separate meeting where people can just hear the whole story like, what started it, what problem we're trying to solve, what the options are and where we are. Because this always comes up. And I think the bits and pieces are hard to put together for people that just aren't that connected like you are Victoria, like you are Matt. So I'd encourage some sort of public meeting like I'm seeing about the pickleball courts or the golf course enhancement -- that we put that kind of focus on it. Seals moved, Crosby seconded to approve the fire ladder truck refurbishing and equipping. Benson indicated she would like to abstain on the vote. Walsh asked what is your reason for abstaining? Benson said she doesn’t feel like she has enough information on this. And I know fire services are a big issue. And I just simply don't feel that I have a good enough handle on this issue to be able to vote. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 13 Walsh said you have to have a financial interest to abstain. So I need you to actually vote. City Attorney Mattick said if you want to abstain because there's a financial conflict, then that would be one reason. If you just don't want to vote, you can abstain it and then it ends up counting as a no vote. Benson asked for an explanation of a financial conflict. Mattick said that if, for example, if the city was buying a firetruck from you, or from someone in your family, which I know they're not, but that's the example, there'd be a financial conflict, then the abstention would not only be advisable, but mandated. And so at that point, what happens is the vote is basically a four to zero because by your abstention you're no longer part of the council as it relates to that item. Abstaining for just, hey, I don't want to vote on it is allowable. But just so you know that when you count votes, it ends up basically counting as a no vote. So with a full council of five it takes three votes to pass something on here, unless there's a conflict for financial reasons, otherwise, if it's just an abstention, it's counted as an abstention, but it works as a no.. Benson said in that case she can change her vote to a no. She said, “Again, I'd like to stay on this that I am very supportive of fire but to me, this is just an issue that I feel I need more information on to be able to support it financially.” VOTE: Ayes 4, Nays 1 (Benson). COMMUNITY DEVELOPMENT REPORT 20. LA22-000055, ESKUCHE DESIGN O/B/O TRAVIS & SARA WILDENBERG, 3838 CHERRY AVENUE, VARIANCES Staff presented a summary packet of information. New owners are requesting variances to conduct a major home addition. City Planner Curtis explained the current home on the site is situated 20 feet from the high-water level of the lake almost entirely within the 75-foot setback. The project would require a 75-foot lake setback, average lakeshore and hardcover variances. Initially the plan included two small footprint additions and a second story proposed to extend all the way to the foundation of the lake side of the home. Staff recommended denial. The planning commission, at its November meeting, conducted a public hearing and voted 3 to 1 to recommend denial of the application. After the meeting the applicant removed the footprint expansion in the 75 foot setback and pulled the second story addition back 12 feet from the lake. The footprint for hardcover was increased on the street side to make up for the reduction on the lake side. Staff has changed its recommendation to approval on the revised plan, which still reduces hardcover 275 square feet. Sara Wildenberg, currently at 1421 North Arm Drive, the applicant, said they had been looking at lake property for a long time, noticed this one had been vacant about five years and contacted the previous owner and purchased it. She said she and her husband love the design of the house but it is not laid out for a family at all. The Planning Commission in November gave them a lot of good feedback, she added. The proposed addition would be stairs to get to the upper level that will extend over the garage. The area is hardcover right now. MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 13 Sven Gustafson with Stonewood Renovations explained there were a few other removals lakeside including a planter wall near the lake and a patio and the second level was pulled back 12 feet which does change the impact from the lake quite a bit. Council Member Johnson stated this was a good example of the planning commission making recommendations that improved the plan. He said he was comfortable with the revised plan. Johnson moved, Seals seconded, to ask the staff draft a resolution to approve LA22-000055, Eskuche Design O/B/O Travis & Sara Wildenberg, 3838 Cherry Avenue, Variances VOTE: Ayes 5, Nays 0. In further Community Development reporting, Community Development Director Oakden said the department is wrapping up end of year reporting and finished the year with just over 1,400 total permits. They are working on the planning commission packet for next week. FINANCE DIRECTOR REPORT Finance Director Olson gave a presentation on the final total for 2022 for building permit revenue which he said far exceeded the budget for building permit revenue which was $565,000 but came in at $713,737. The department is still working on overall totals for 2022 for the General Fund. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. He said he would have a report at the next meeting in closed session. CITY ADMINISTRATOR/ENGINEER REPORT City Administrator/Engineer Edwards updated the City Council that Parks and Public Works have been very busy with snow and ice removal to make room for the next batch coming. Walsh thanked the Public Works Department for their work on plowing and clearing the streets for Orono during the past snow events. Johnson said he had received two resident calls thanking the City for taking over the snow removal on the Dakota Rail Trail, adding that it is a great public service. That is a Three Rivers Park responsibility, they’re refusing to keep it clear of snow. We’ve lobbied them multiple times so the City of Orono took that on. We did it as a pilot program the first year. The Three Rivers reimbursed us $500 for the first year to do that. RECESS AND RECONVENE Mayor Walsh recessed the meeting at 7:08 p.m. The meeting was reconvened at 7:16 p.m. Note: Councilmember Crosby was no longer present. PUBLIC COMMENTS MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 13 Brad Erickson, 2485 Independence Rd., stated it was unfortunate Mr. Crosby felt compelled to run out again tonight. He said he would need to clear up a few things to set the record straight and bear witness for his grandparents. He said his grandparents were born in Holland, asks Mayor Walsh why he is rolling his eyes and Mayor Walsh said he was not married in 1939, and in less than a year the Nazis invaded and subjected them to things that were unthinkable, so when you send him videos invoking the deaths, the extermination of 6 million Jews, you have opened a door you will not close. Moving onto Mr. Crosby, there are a few things he said he needs to clear up after his (Crosby’s) diatribe a month ago about me (Erickson). He called me a clown. He said I’m bistrating him and degredating him. Those are not words but I have been berating him. He passed around a handout for the City that stated that Crosby was crowdfunding for the Proud Boys one in particular, Corey Nielson, guess what, he’s now a Hell’s Angel. and showed a picture taken at the State Capitol steps that he said showed Crosby, asking what he was wearing on his knee here and his tactical gear. “Look at this picture Mr. Walsh, ‘Who’s the clown?’” “He hasn’t been a fire fighter in four years but he is down there fighting BLM in and an tifa? Give me a break. This is a Stop the Steal rally; this isn’t a mask mandate rally.” Mayor Walsh informed Mr. Erickson he had had his three minutes of action and the microphone was turned off and remained off for about two minutes. Janie Delaney, 1315 Woodhill Ave. said she was there to talk about development of historic land in Orono. She said the proposed project targets public land in Orono that has been dedicated to public golf since 1924. Orono Public Golf has the oldest golf league in Minnesota formed in 1948 and still active and was the first course in the state to have grass greens. The course is located in a quiet residential neighborhood. There has been no direct engagement strategy deployed by the City to enlist feedback from the neighborhood, golf community or the citizens other than the two scheduled open houses announced on Jan. 3. The project will decrease City open spaces and increase traffic light and noise levels. Noise levels will go from seasonal golf and pedestrian sports to year-round noise levels of high-impact sports. Pickleball has been the subject of lawsuits against city governments and housing associations across the country. Because it is a fast-growing sport courts have been built without adequate consideration for community impact. It is becoming increasingly known that pickleball construction is a project with serious community impacts when built in the wrong location. Already there is not enough parking at the golf course on league nights or busy days. Currently within 6 miles to the west to 12 miles to the east and 10 miles to the north of south of Orono there are 85-plus public pickleball courts so it is already well- supported in the community and surrounding area. In 2019 the Orono Activity Center was built and has opened pickleball for the community. Communities Cities around the metro area are looking into retro- fitting tennis courts and making better use of infrastructure that already exists. Casco Point is three miles away and has a skating rink used by youth hockey. A need for youth hockey ice time cannot drive City- wide spending. The proposal is built on an assumption that residents need and want increased recreational infrastructure. MAYOR/COUNCIL REPORT Benson stated in her first council that “it is an incredible honor to sit before you tonight as a member of the Orono City Council and the privilege is one of great responsibility and inspires both humility and gratitude. I was elected to serve as a representative of the people of Orono. Many people took action to make her bid successful. It is important to acknowledge this position required continuous support and MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 13 guidance and of many people in order to perform well. I want to acknowledge Orono City staff who has been welcoming and generous with their assistance from the moment I was a council member-elect.” She noted that she had participated in an orientation and thanked staff members individually. The concept of best practices is one that will guide actions on city council. One promise she made to residents was she would take opportunities to learn and grow in the role. She added she plans to attend the League of Cities elected officials training the next month. She looks forward to learning more about finance, ethics, the laws that inform city governance and connecting with other officials. She mentioned the importance of interpersonal relationships in city government. She said without trust and transparency regular challenges become even more difficult. She said she would commit to listening and learning and treat with great care the trust that has been placed in her by the community and thanked everyone watching the meeting in person or on video. Seals said they have been working on the needs assessment for fire to get a fuller picture of what’s happening and get it out to the public. Thanks to DJ and the team because they had a lot of snow and the roads were better in the City than they were in the County. Johnson noted he and Seals had attended a future fire services meeting the previous week. There was talk of hiring another consultant but there didn’t seem to be a lot of interest in that. He said his recommendation is that the City not send any more staff to these meetings as there isn’t any real progress occurring. That could change but it’s general conversations you could get off the agenda. He said he doesn’t know the formality of what that decision looks like. I don’t see it as a good use of time and is not recommending that Chief VanEyll attend either. One of us can go as a representative of the City of Orono but not the best use of staff time. He thanked the community for re-electing him. There’s a lot of questions from the community about transparency. He things the city and staff and council does a good job. He does not believe it’s the governments job to go knocking on your door and say go pay attention. He encouraged the public to continue to come, ask questions and read packets, that’s the residents responsibility. . Edwards said he would appreciate it not being a mandatory meeting but would like to keep the door open to attend to meet with staff counterparts in other communities on fire and other issues. Mayor Walsh congratulated Johnson and Benson and commended police and public works for handling of the snow and Long Lake Fire and first responders for taking care of people. He said he hears a lot about the transparency issue. Going back six to eight years the City didn’t have videotaping. This is the council that has brought videotaping of the City Council, parks and planning commission meetings. He stated this is the most transparent council the City has ever had. He added they also brought budgeting for sewer, roads and water and infrastructure that weren’t budgeted for before. They brought technology into the City the last eight years. It used to be everything was paper and it would take a few weeks. This council put website and permitting online and all the file cabinets they used to have at the city are gone. Papers have been scanned. People now can click on a property and know everything that has happened on a property. We want to make it as simple as possible, not put the thumb on the resident. The city also bought 3-D technology for public works and now has information on every project done on those roads so it can budget and plan. The code review committee has updated and reviewed codes and looked at what has worked and what doesn’t in other cities. The whole code review committee we’ve done and updated and we brought in a network of builders and people who have had to get permits and realtors to say what works and what doesn’t. Over the course of three years we revamped the entire process. The City went through the comp plan a few years ago. The old plan would not vacate land.. This council said it would look at every opportunity of old roads and alleys and things going through peoples’ yards and in the MINUTES OF THE ORONO CITY COUNCIL MEETING January 9, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 13 middle of the lake that shouldn’t be there.The one that nobody’s brought up that I looked up I think I had to have Matt look up for me again in Forest Lake again was over at 1121 North Arm Dr. That’s one of the properties that in the middle of the lake there’s roads and alleys and stuff platted 130 years ago. The plat of land that was in the lake went up into the first few feet of that person’s house. So they realized they didn’t own their lakeshore. We’ve got three other people that have the same problem. 1101 North Arm Drive, Martin Serenpa got some issues on his land. 960 Forest Arms Lane, Douglas Neiland. 1065 Linden Lane, Anthony A and Carrie Kusner. 1139 Elmwood, CJ Weiler. If you look at the GIS maps you can see roads on their property from the lake. “We’re not giving away land we are solving problems – things that got done a long time ago that doesn’t make any sense.” I challenge anybody to show me anything we’ve done that has not made sense. There are two open houses coming up. We ran on originally, When we first ran, pPeople used to say this is Oro-NO. You come to the city and it’s “no”. Our job was to bring back “yes” to Orono. We will get things solved, bring down the costs of them for you. This council brought “yes” back to Orono simplifying processes and bringing down costs. ADJOURNMENT Johnson moved, Seals seconded, to adjourn the meeting at 7:40 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 12 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, Alisa Benson, Richard Crosby III (left the meeting at 6:28 pm), and Victoria Seals. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JANUARY 9, 2023 This item was removed from the consent agenda 2. COUNCIL WORK SESSION MINUTES OF JANUARY 9, 2023 3. CLAIMS/BILLS 4. APPROVAL OF 2023 TOBACCO LICENSES 5. APPROVAL OF RENTAL LICENSES 6. 2020 SANITARY SEWER I&I GRANT – RESOLUTION NO. 7334 7. APPROVAL OF PUBLIC WORKS MAINTENANCE RETIREMENT AND RECRUITMENT 8. ACCEPTANCE OF HENNEPIN COUNTY TREE INVENTORY GRANT 9. APPROVAL TO ACCEPT TRANSFER OF PROPERTY – RESOLUTION NO. 7335 This item was removed from the consent agenda 10. LA22-000055 – ESKUCHE DESIGN O/B/O TRAVIS & SARA WILDENBERG, 3838 CHERRY AVENUE, VARIANCES – RESOLUTION NO. 7336 11. JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT – RESOLUTION NO. 7337 12. HENNEPIN COUNCIL JOINT POWERS COOPERATIVE AGREEMENT SealsBenson (Seals, not Benson) moved, Crosby seconded, to approve the Agenda and the Consent Agenda with items 1 and 9 removed. VOTE: Ayes 5, Nays 0. 1. CITY COUNCIL MEETING MINUTES OF JANUARY 9, 2023 Council Member Benson stated that in reviewing the notes, there were several areas where the minutes did not reflect the audio recording. There was no video for that meeting on Jan. 9 but there were some MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 12 pretty big issues with it starting with, there was no record of the discussion with the city attorney and myself regarding my request to abstain from the vote on the refurbishing of the fire truck. That whole section was not there. There are several other sections related to fire where details are lacking. So I'd like to understand more about how we can either send these notes back whether it's me making a motion to do so or whatnot, because it's really not an accurate representation of the meeting. City Administrator/Engineer Edwards said the City can send the minutes back to the contractor who prepares them and then bring an amended set back to the council the next meeting. Walsh responded that we'll just leave the minutes off for the time being and we'll just table it. Edwards clarified the council can table it or direct staff to send it back to the contractor. Walsh directed staff to send the minutes back and then bring them back and make sure they are correct. 9. APPROVAL TO ACCEPT TRANSFER OF PROPERTY – RESOLUTION NO. 7335 Jane Delaney, 1315 Woodhill Avenue, said her question was curiosity on her part. How does that work? Has the property already been paid for? Or was it paid for when it was bought? Walsh said he believes that when the City did the agreement a long time ago that it paid for it and this is just the transfer of title. City Attorney Mattick said the Council at the time had been interested in pursuing this parcel for a while so they did buy it from the property owner who by my recollection was still living there. They reserved for themselves what's called a life estate, meaning that the city went ahead and paid for that property, but they got to stay there for in essence, the remainder of their life and or until they moved away from the property. Their attorney did contact me and said they're moving so pursuant to the agreement that had been negotiated a while ago, then what remains of that property gets transferred to the city so that it's totally the city's at this point. Ms. Delaney asked what Mattick meant by what remains of it. Mattick said they reserved for themselves what's referred to as a life estate which is the ability to stay in that property as long as they lived, or until they moved which is what was negotiated. So they still have that right. Walsh stated, we don't owe them any money at this point. They just ended their rights basically. And so now the transfer was fully done by accepting this and then it'll be back in the Parks hands to say let's see what we need to master plan this whole fabulous park to suit what we're going to do now to put it all together. Seals moved, Crosby seconded to adopt Resolution No. 7335 Transfer of Property. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 12 COMMUNITY DEVELOPMENT REPORT 13. LA22-000051 – PAUL TAUNTON, 3600 IVY PLACE, AFTER-THE-FACT VARIANCES City Planner Curtis said this application is regarding after-the-fact variances to permit newly-installed hard cover within the 75-foot setback from the lake. The city received a complaint in September regarding a parking area under construction at 3600 Ivy Place. Staff confirmed that a new approximately 1100 square foot paver parking area had been installed within the 75-foot setback without permits.. Two new unpermitted patio improvements were also constructed within the 75-foot setback totaling approximately 1,000 square feet. The property was platted in 2018, and the home was constructed in 2020. The original development plans contemplated a shared connected backup area between the two properties. The property at 3570 Ivy Place installed their portion of this shared driveway connection. When the home was constructed at 3600 Ivy Place the builder chose not to install their portion of the shared driveway connection. No hardcover is permitted within the 75-foot setback from the lake with only few exceptions. The new parking area is 31 feet from the ordinary high-water level, and the two new patio areas are setback 43 feet and 50 feet from the lake. At the November Planning Commission meeting, the Commission held a public hearing and voted four to zero to deny the after-the-fact variances for the improvements. Following the planning commission meeting, the applicant provided an exhibit demonstrating turning radius as well as a stormwater management report in an effort to support their unpermitted improvements. Those were included in your packet. We received one neighbor comment and it is in your packet. Staff recommends denial of the after-the-fact variances. Additionally, because this application originated as a property violation, staff further recommends the applicant be provided a timeline for removal should the Council vote to deny the variances. We're asking council to direct staff to draft a resolution for denial. Walsh asked since staff recommends a timeline for removal what timeline would you have as your recommendation? Curtis said she would suggest that that they be removed at a time when the vegetation can be reestablished so that the lake doesn't experience any sediment from the removal. They could be removed now; it just would be open and bare at that point until the spring. Council Member Seals said it's been since 2018 but between the two properties was there not a turnaround at one point that was in the development plans? Curtis said in the landscape plan submitted with the development it does show a connection kind of a turnaround circle drive between the properties. The neighbor to the south did construct that backup area to be connected. 3600 Ivy planted arbor vitae along the property line and chose to put a backup apron kind of in this location. Seals asked if all of the everything was removed that was out of scope, not approved, if they were to connect that would they still have enough ability to do it with the hardcover ratio. Curtis said the hardcover total on the property is not over what is permitted. It's just the location in an area that we don't allow hardcover, so I believe they'd be able to accomplish that. MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 12 Paul Taunton, 3600 Ivy Place, the applicant, said he didn't know that he needed to pull permits. I wasn't trying to do something underhanded or disrespectful to the City of Orono on the eight-foot entrance going into my driveway. I moved into the house on June 27. Denali was the builder. That turnaround that you're referencing was never presented, nor does my neighbor talk about it other than my neighbors saying, hey, you're just an accident waiting to happen. Your family, there's five people that live in my home, your family cannot park on that easement that we've been given and you cannot turn into my driveway with a vehicle. Unless you're driving a golf cart, you cannot make that turn into my driveway. I am concerned about the pervious pavers that I put in, the driveway that I put in. I did not know that I needed to pull a permit or I would have pulled a permit. When it was brought to my attention I immediately got in line and followed the protocol to pull the permits. I am also concerned about the erosion of the property. It's a flat line. I hired a group of surveyors and engineers that came out to put the drainage tile around the whole property so that there would be no erosion or drainage into the lake. That was before we moved into our home. When I put in the pavers, the patios, I had another engineer company come out because I knew that I did not want to recognize that I had now exceeded or that there was some concern about erosion or from a massive rain. So they came out, a neutral party, and they made their declaration. They gave like a 45- page report stating there's absolutely no risk of any water runoff into the lake. The drainage tile that I put in was more than what was called for. I did that because I, like the City, want to protect the lake. I apologize that I did not pull permits in advance. That wasn't some strategy of mine to be that guy that does it and then asks for forgiveness. I went to a neighborhood party when I moved in and I had four different neighbors complain about where we were parking. When you take a left turn down Ivy it's a single road. Well, that's where we were parking. They were complaining, hey, you can't park on the road. My neighbor wrote a letter to me after numerous conversations saying you can’t park here. That's why I put in the driveway as a place for us to park, a place for cars. UPS couldn't make deliveries. Amazon could not make deliveries because it was just too narrow. And they weren't willing to walk 400 feet to the beginning of my driveway. So that's the situation that I was in. And again, I apologize for not pulling permits in advance. But if I hadn't put something someplace for us to park my neighbors would be going nuts. It's just how tight it is right there. My internet's been knocked out four times just from the plow just since I moved in, just from this winter. It's clearly an unusual circumstance here. When I purchased the lot we reduced the size of the house, we moved the house as close as possible to the neighbors to my neighbor. I'm literally right on the line. There was never any discussion about me using his driveway as a circular drive. That dialogue never happened. I know they don't want that. That wasn't even an option. The only option was when I put that driveway, that parking area. I was very conscious that I didn't go any closer to the shoreline than what was already allowed. I stayed that same distance. It wasn't excessive. It was just enough for a car to turn around and for us to park. I wasn't trying to be reckless or disrespectful or just flip my nose. It's a situation I was trying to be respectful for what I had learned. Council Member Johnson asked to clarify, they did their as-built, then we received complaints. And then we did a site visit. And the complaint was for the front driveway pad. And then during our site visit is that when we saw the other two places? Curtis said the City’s inspector went out and observed the construction that was just finishing up on the driveway and basically confirmed that violation. I contacted Mr. Taunton and when I received his updated current conditions survey, it reflected these two patio areas. So the initial violation wasn't addressing MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 12 those two additional patio areas but by the time we were at Planning Commission, we had included them in his after-the-fact hardcover setback variance for review. Johnson said at the Planning Commission meeting the representative of the of the applicant said that the patios were kind of new information to them at that time. Curtis said the city requires a hard cover permit to install patios and driveways. They would not have been approved at a staff level where they're located. But we did not know they were there when the driveway violation happened. Mr. Taunton said I was not aware that you needed to pull a permit for pervious, you know, that water sinks through it. So I was not aware that I needed to pull a permit. If I needed to pull a permit, I would have pulled one. They're not big patios. Again, I thought if it was pervious that you did not need to pull a permit. Johnson said with respect to my opinion on it, it wouldn't matter if he knew about a permit or not. This is not allowable hardcover. This is a design flaw. It's just not up to the city council to fix a design flaw. And I'm not sure if what Victoria brought up, that little extra extension between, I guess they don't have to actually have a drive-through --it could stop short but that. But again, it’s not our job to get into the design side of it either. From my opinion, this is not allowable hard cover and it needs to be removed. I would be supportive of waiting until the spring or until it can all be dealt with at one time, including the replacement hard cover. Walsh said he didn't think it's really a design flaw as much as we just know that developers want to maximize the amount of space they can build in. And sometimes they build too much house, and they don't leave enough driveway, or enough room for a really big fire pit. But the problem is, that's what they did is they maximized the house and didn't leave room for a lot of stuff. And there's lots of houses like that, that people buy and they find out after the fact they can’t add a deck and they can't do anything, because they made the house so big. That's what I think what you've got here is a brand-new house that just maximized everything you could do and left you at the bare minimum amount of driveway and not a lot of room except in that little itty bitty kind of point to build a put a fire pit. But I agree with Matt, that's a creation of the development itself. You can't create your own practical difficulty. Seals said she appreciates the applicant apologizing. I was just asking staff about codes and ordinances so I can see where that can happen. I don't think there's an assumption that you had malicious intent. I think we've been pretty consistent about the 75-foot setback. I remember this whole development very distinctively. There were conversations around whether there should even be a lot because there were conversations as to whether they filled in the wetland and all those things. I feel like there's been, I don't want to say a lot of giving, but we did talk through a lot of discussion around turning around with the fire truck, and all those conversations did happen. I did talk to the planning commission and understood where they're coming from. I do support that we need to remove those three and protect the 75-foot setback. MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 12 Benson said what's needed to have been said on this issue has already been said. I'm in agreement that it's important to follow the code as it relates to the setback here with regard to hardcover. Crosby said he’d be in agreement. It's unfortunate, but I think you said it fairly well. If you’d shrunk the size of the house, you would have had more room for the things that you need as far as driveway is concerned. But it has to be enforced. It’s in the code. Mattick said in terms of that aspect, the resolution itself can deal with the land use item and the denial of the application. The rest of it is something that we can sort out at least administratively, once we start talking to the property owner about timelines, because that that is potentially an enforcement item. So I would leave that out of the resolution. Johnson moved, Seals seconded, to direct staff to prepare a resolution to deny LA212000051, 3600 Ivy Place, after-the-fact Variances VOTE: Ayes 5, Nays 0. Curtis said there was no further community development report. FINANCE DIRECTOR REPORT Finance Director Olson said he had nothing to report. CITY ATTORNEY REPORT Attorney Mattick said he had two items. We do have a closed session so I will leave those items alone. I do want to point out a correction, however, on the closed session. It does list Jay Nygard, with the city of Orono. That should be Kendall Nygard. Otherwise, the caption on that is correct. This second item I wanted to touch on is confusion or some follow-up discussion that I think needs to be had on the idea of an abstention. It came up on our vote last week with councilmember Benson. And what I wanted to clarify was that when I'm asked about an abstention, a council member has a right to abstain. But from my perspective, when I'm trying to figure out what the nature of abstention is -- is it I simply don't want to vote on it. I don't feel prepared. I don't have the information? Or is it a conflict of interest? And so at the last meeting, I did want to sort out whether there was a conflict of interest. There wasn't in my understanding and speaking with you. So a council member regardless has the right to abstain, but it does matter on the conflict side of things. Because if someone has a conflict, it reduces the number of the council. You sit here as a five-member council. If someone has a conflict that prevents them from voting, you become a four-member council, because you have a recusal. If it’s I don't feel prepared or I'm not willing to vote on it at this time the council remains as five which is why I talked about how it has the impact of being a no vote because we need so many affirmative votes. And if you don't get them either because of noes or abstentions, the vote can fail. So I did want to clarify, we cannot compel someone to vote; we cannot compel them to vote yes or no. They have the right to abstain. To me, it matters on why the abstention, which is why I started my analysis on that. Councilmember Benson, I don't know if there was anything else you wanted to address. Benson said she had her own thoughts on that, which she can do at the end of the meeting. MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 12 CITY ADMINISTRATOR/ENGINEER REPORT Edwards said he had just a couple updates. Since our last meeting, we've held two open houses, one on golf course improvements through the Parks Commission, and the other on the Fox street resurfacing project. Those were on the 10th and 11th, respectively. And then just as an announcement, there'll be a repeat, it's just the same open house again, for those who weren't able to make the first one. There'll be a golf course, improvements open house tomorrow here in the council chambers from 6 to 8 pm. Seals said it was her understanding the council will get an update on the golf course improvements after Parks looks at it. When will we get an update from the Fox Street Open House? How did the open house go? Edwards said the open house was fine. We had a handful of residents show up to express opinions about the project. Pretty much everybody was in support of what we were proposing to do so there was really nothing controversial. We didn't really learn any new. Sometimes on the road open houses we'll learn about a drainage issue that’s particular to a certain part of the corridor or something like that. We didn't really get any of that kind of feedback. So right now, we're looking at just continuing to move the project forward. RECESS AND RECONVENE Mayor Walsh recessed the meeting at 6:28 p.m. The meeting was reconvened at 6:34 p.m. Note: Councilmember Crosby was no longer present. PUBLIC COMMENTS James Elder, 195 South Brown Road, Orono. I want to add my voice to the requests for an open and public discussion of the costs and benefits of establishing a go-it-alone Orono fire department. I'm a retired firefighter like Councilman Crosby. But I'm agnostic regarding the name that goes on the truck. I don't care what it is. But what I do care about is the cost and quality of fire service. Based on costs already incurred to date, but absent any information from Orono, I've estimated that the incremental costs from both operating costs and capital outlays could reach or exceed $4 million. As citizens and taxpayers of Orono we have a right and you the obligation to present to us a good faith estimate of the costs and to justify how this major expenditure improves our current and future fire protection. I think we need a public examination of this endeavor as Long Lake did two months ago. It may well be that after full disclosure of the costs of a go-it-alone Orono fire department, the best solution would be to return to the bargaining table with Long Lake and come to a mutually beneficial agreement. That is my hope. Brad Erickson, 2485 Independence Road. It's very unfortunate that Mr. Crosby for the third time in a row found it necessary to run out of the meeting before I had a chance to speak to him. Walsh asked, and you live in Independence? Where do you live? Mr. Erickson said I live in Independence. My business is in Orono and has been. So don't act like this. You know where this is going. Let me share something with you, smart ass. This is the protest that your boy was attending down there at the governor's mansion. See this here? (holds up photo board) I don't MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 12 have a problem with mask mandates. What I have a problem with is when people like you and he start comparing them to the Holocaust. Okay, are we clear on this? Are we clear on this yet? This is one of the protests he was at. He wants to sit up here and throw me under the bus and call me a clown. Let's see here. Oh, shit. Little Red Riding Hood. Look there. There's your boy. That's him at the Capitol steps. Look how close his feet are to the steps, shit they are right there. Is that why they call him Capitol Steps Crosby? Where was he on January 6, I wonder, 2021? Walsh stated you can speak to the council. Speak to the council sir. Public comments are for the council. Mr. Erickson (turning to someone in the audience) asked are you Mr. Williams by the way? Is that you? You look like him. I understand you guys don't think it was a big deal, this January 6 bullshit. But it is a big deal. And he was there. And I know he was there. He knows he was there. When is he gonna start talking about it? Him and his tactical gear, bullshit weapons on his hip and shit. There he is some more. What's this Proud Boys shit? Some new Proud Boys shit now. Donate to their GoFundMe page. Mr. Crosby, look, he's standing right here taking pictures. Crowd funding for the Proud Boys. Right here in our city. What's this down here? Sorry, Connie, I had to link on Parler. Oh shit. Those sound like names that I'm familiar with. Aren't we all by now? He likes them on Parler. Look. He looks like a founding member. This is the new stuff -- 46 following the Minnesota Proud Boys. He's one of them. Crosby, Richard, Orono. Go figure, we are the Minnesota chapter of the greatest group in the US. Is that where we're at here at Orono? Are you part of this shit, Mr. Walsh? Because I think you are. I think you all know exactly what the hell's going on up here. There's so much I got some pictures on my phone that the FBI will be looking at. Okay. He was out there taking selfies on the steps of the Capitol in DC. Walsh said your three minutes are up. Your circus is over. You can sit down, sir. Mr. Erickson said this is the damn circus and you brought it here. Right here. I'll leave that for you. Follow your leader. Comparing our governor to Adolf Hitler, Fidel Castro, Mussolini, Pol Pot, Idi Ahmin, Hussein. What the hell's going on? Walsh said your circus is over. Sit down. He asked if there was anyone else for public comments. Hearing none, I’ll bring it back to the council. MAYOR/COUNCIL REPORT Benson said she wanted to address something that happened at the January 9 meeting, my first meeting as a city council member here in Orono. Our city attorney Mr. Mattick touched on it early in the meeting -- abstention. I just want to talk about that a little bit. Because it matters how I vote, it matters what the perception is about my votes. And it matters how the record reflects my votes as a council member. And that's true for everybody sitting up here. The issue at hand at that meeting was the $192,000 refurbishing of a used ladder truck that Orono had purchased in December of last year. And it was my intention to abstain from that vote authorizing that purchase, because it was not an insignificant amount of money. and I did not feel at the time that I had enough information, being that it was my first meeting, being that I had not been a part of those negotiations, and being that there were and are a lot of questions around the expenditures of this fire department from the public. I did not feel that I had enough time at that meeting MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 12 to give an informed vote either for or against. And that's why I had asked to abstain from that vote. And at the time, there was a lot of focus in that meeting. And I know because I've listened to the audio recording, there wasn't a video, but I've listened to and actually transcribed the audio recording from that meeting. And I, in seeing it now, can recognize that attorney Mattick did leave open an option for abstention. At the time I was in that meeting, listening to the discussion from our city attorney, I felt that there was a lot of focus on financial conflict, which there was none, or an option to, as I think attorney Mattick had said, well, if you just don't want to vote, and it was neither a financial conflict or a lack of desire to vote out of any lack of preparation, on my part. It was a third category, which was not feeling that it was a vote that I could do well, in an informed way, which is what I pledged to do for this city. So that's why I asked for the abstention. The discussion that followed did not leave me to feel that the abstention was a viable option, because I didn't have a financial conflict. And essentially, as it was explained again, that it would essentially count as a no. Well, I didn't want it to count as a no, I wanted it to count as an abstention, which is what it was, I've contacted or I did contact the League of Cities about this. And it's clear after talking to or hearing from our city attorney today that abstentions are viable options, and that they will be counted as such. So in the future, that's very helpful information to have. And I just wanted to clarify this because it's very important that I communicate clearly in meetings and communicate clearly with our staff and our city attorney. Because these issues are not insignificant, they are complex and fire, in particular, as we heard again tonight, is one that is has gained a lot of public interest and attention for good reason. And I don't take any vote as something that is simple, or without significance. I also want to say that I'm incredibly supportive of all of our emergency services, and that goes for fire and police. And that no vote on January 9 had nothing to do with a lack of support for our first responders. It had to do with my feeling at the time that I need to be informed about issues, especially ones that involve large financial outlays before I make them. So that's all I want to say about that. And if at any time anybody has any questions for me or concerns about that you're welcome to contact me. On a different note, I also attended the first open house for the proposal, the US sports grant proposal, to look at building some pickleball courts and hockey infrastructure at the Orono Golf Course. I attended the first one and I will also be attending the second one tomorrow night here at City Hall at six o'clock. And I found that it was a really good opportunity to meet community members, residents, members of the public and hear from them directly, which is really important. In city governance we have the ability as residents and community members to affect a lot of change in our communities. And I really appreciate people showing up for these events and talking to staff and elected and appointed officials, regardless of your views on the issue. I always appreciate feedback. Johnson said Long Lake has their city council meeting tomorrow. As of last night, their agenda was on there, but not their packet. But the fire services is on there and they're having a closed session to talk about it. I think once we hear back from Long Lake and their decision based on our proposal, which we have not received that feedback, then we'll have more to share. It’s clear the residents want to hear more about that when we have more to share. That should be short coming here, hopefully. We've been saying that for a while, but that's what they've told us, Victoria and I, that after this meeting, they're going to hopefully send us a response to our proposal. Seals said not be redundant, but we are having another open house tomorrow, so if you can come, come. It’d be great to hear everyone's thoughts on the golf course. I think the one thing going into it, I do think it's important to look at, and Ron would be better at this, is that prior to COVID the golf course was in the MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 12 red, so we were keeping it alive through general funds. If you had to look at like, one of the benefits of going through a pandemic is the golf course had a new energy to it. I want to make sure we still have those conversations about how do we make our parks and places like the golf course more viable? It's not to say we do a pickleball court; it's to say, let's have a conversation about how do we get more people involved in using it? Because not too long ago, there was a golf course called Lakeview and it wasn't a city-owned golf course. But it was in the red and it got sold. And there's a bunch of really big houses over there. I don't think any of us want that. So I think the parks, not only staff, but the commission, is really trying to have good conversations about how do we make this a viable park? Because that's what it falls onto in the future. How do we get more people there? It doesn't mean that's where we land with pickleball. But how do we make it a place that we can never live without? Because looking back at that Lakeview conversation, hearing how many unhappy people were around, seeing it in the paper, I would have never thought it would have changed, but it did. So I think it's good that we have those conversations. And I think it's good that you hear the positive and the negative and the people that want it and the people that don't want it. There's people across all sides on this one. So glad to hear people are coming and sharing their thoughts. It's good to hear that also, even with Fox Street. I'm glad to hear that the plan makes sense. I've had a few of our neighboring cities reach out to us and trying to understand what we're doing with THC. Ironically, that was news to me that would be a hot topic. Most of them are in similar boats that we are to be quite honest, though, sitting with moratoriums, not sure what to do, waiting to see what legislature does. So I did share with Long Lake when I talked to them, I said you know what's ironic is I've had the most complaints about the Navarre smoke shop and the soon to come Long Lake smoke shop. So I think that's probably something coming our way, whatever we ended up deciding so it's a good conversation that I don't think we have the answers to. Walsh said he was also at the open house for the pickleball, hockey and golf. It was fun to meet a whole bunch of the golfing league people. I think it was maybe 30 or 40 people that probably came, and a bunch of them were league members, and there was a bunch of other people. I think we probably had half and half people who like pickleball and who don't want pickleball. So it's about 50/50, but it was a small segment of the population, for sure. The diehards that were there, and they're people from the leagues, and we obviously have to balance what's best for the citizens of Orono, which is first and foremost who we represent. But it was good to be there. I’ll be there tomorrow again, so it'll be good to see, I'm sure, some of the same people again, so maybe there's some of you out there that will be there as well. I’ve got my Orono Spartan shirt on tonight, ODT, my daughter's on the Orono dance team. They had a great competition this last weekend at Totino Grace with 12 other schools. And we have one this weekend and one the next weekend. So it's constant, but I just have to do a big shout out to them because I think the JV jazz took second place, JV blue jazz took first place, varsity jazz took first place, JV kick took first place and varsity kick took second, so they almost did a full sweep of everything. The girls were beyond excited. It was fun to watch all the hard work coming together over the season now we’re a good month into it as they've gotten better and better and sectionals are coming up soon. So hopefully they'll continue putting that together and we'll see more Orono teams moving forward going to state and that kind of stuff. And I just came also from an Orono hockey or the Orono Ice Arena, I'm on the board for the Orono Ice Arena and we're having a whole bunch of extra tournament games over there because it looks like the varsity girls and the varsity boys are most likely going to be ranked first, so they'll be hosting tournament games. There will be all these extra games and revenue coming into the ice arena, which is all positive. So lots of good things going on in Orono these days. Something our city attorney brought up to me because MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 12 he does represent a number of other cities, that in the legislature right now, I don't know if everybody knows, but there's legislators in session up at the state capitol. They're having about 30 to 40 meetings every single day and all the different departments or all the committees and one of the housing bills that I think everybody needs to pay attention to that is coming up that he alerted me to is they're looking at and right now in part of these some of these committees, they're passing these rules that they want to pass to make statewide, they're doing it without any amendments or any discussion. They're just saying, we control it. We're voting on it, we're moving it on. So they're doing a lot of stuff very fast. They're doing one in the housing bill that would eliminate single family zoning in the entire state of Minnesota, it would make every house automatically considered to be a two-family residence. That means in every neighborhood, you could have duplexes, essentially in your house, and there's nothing the City of Orono could do about it, it would take the zoning out of our control. So I'm telling you to maybe wake up on this item, call Andrew Meyers, who was our house representative on the Republican side and call our state senator Kelly Morrison and say you oppose this bill, that you want to make sure the zoning stays in the control of the local jurisdictions. If you want to see how it's turning out, go to Minneapolis. They've already eliminated single family zoning in Minneapolis. You can do quads in every neighborhood. But even if you just give away single family and you make everything essentially duplexes, you could have a whole lot more people living in your neighborhood and it will change the character of everything that you know of today. And if there's extra money in it. As my realtor professional over here will tell you, if there's extra money for developers as they're buying up houses and converting them to two families instead of one family it will be done. This big money will come in and they'll just start buying up swaths of houses and start renting out. So Kelly Morrison on the Senate side and Andrew Myers on the House side, call and make some noise and tell them you do not want this to pass. We only get one chance at this because once it gets passed you'll never put that rabbit back in the hat. Johnson said Andrew Myers is not in support of it. He was unsure about Kelly Morrison’s position. Walsh said he doesn't know her stance in general but I know the Democrats are all passing this stuff out of committees without any discussion and any amendments -- they're just passing it. And it's like a 45- page bill if I remember. And it's like that little paragraph in the middle of this housing thing that they're passing. So it's a small piece. But thank God, we got people who are looking for those things. And I think Sorren had pointed out the cities that he represents too, like St. Louis Park and other cities, aren’t happy with that either because it takes all the zoning out of our control, and we can't do anything about it, which is not good. In my last Orono article, Orono Times or whatever we call it that we send out to everybody I talked about a number of different things. But I think one of the last things I talked about was social media, and that if you want to find out what's the truth about matters, it's probably best to call the City directly or call one of us and we can tell you or point you in the right direction. But another one was a very confusing post about the terms of the council and the mayor in particular, making it seem like we did something in the middle of the night that changed the term from two years to four years. Well, I posted on Next Door the facts about that. Back in 2018, after the election, in December, staff did come to us and say that they thought it'd be more consistent to change the mayor's term from two years to four years because the council is all four years, just put more consistency. And so we took their recommendation. And we did change that from a two-year to four-year term in December of 2018. But it wouldn't take effect until the next election in 2020. So that gave everybody two year’s notice -- nothing in the dark, the papers printed it, everything that was going on. But there was a very confusing post thinking that we're doing MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 12 something in the dark that nobody knew about but everybody knew about and I just want to make sure everybody was clear again, that social media is not the place to go get your facts. All you gotta do is call somebody. Call somebody at the City that's got all the facts and will point you in the right direction. 14. Closed Session: Attorney - Client Privileged Discussion Walsh moved, Seals seconded, to enter into closed session at 6:58 p.m., as permitted by Section 13D.03 to discuss strategy and settlement negotiation status in the following matters: • Kendall Nygard v. Orono, Case No. 022-CV-03191-NEB-DTS • Schmidt v. Orono, Case No. 27-CV-21-7769 • T. J. Bonnett v. Orono, Case No. 27-CV-22-12243 and we’re going to add one more,d the LMCD Dan Gustafson item that’s on the agenda for Wednesday. VOTE: Ayes 4, Nays 0. (The City Council was in closed session from 6:58 p.m. to 8:26 p.m.) Walsh moved, Johnson seconded, to reopen the Orono City Council meeting at 8:26 p.m. VOTE: Ayes 4, Nays 0. Mattick noted that the council will now stand in open session and since it is still a regular council meeting the council can vote on items at this time. Walsh moved, Seals seconded?, to direct Orono’s LMCD Representative Richie Anderson to vote no on the Dan Gustafson Dock item on behalf of the Orono City Council if the item comes back for approval at the LMCD meeting. VOTE: Ayes 4, Nays 0. Walsh moved, Johnson seconded, to direct the city attorney to initiate litigation / injunction against LMCD if the LMCD board passes the Gustafson item with the nine docks. VOTE: Ayes 4, Nays 0. ADJOURNMENT Walsh moved, Seals seconded, to adjourn the meeting at 8:38 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 18 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, Alisa Benson, and Victoria Seals. Member Richard Crosby III was absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Community Development Director Laura Oakden, and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JANUARY 9, 2023 This item was removed from the consent agenda 2. CITY COUNCIL MEETING MINUTES OF JANUARY 23, 2023 This item was removed from the consent agenda 3. CLAIMS/BILLS 4. APPROVAL OF SOCIAL MEDIA POLICY UPDATE 5. APPROVAL OF RENTAL LICENSES 6. APPROVAL TO DISPOSE OF BICYCES 7. AUTHORIATION TO HIRE JENNIFER LYREK – POLICE OFFICER 8. AUTHORIZATION FOR BIG ISLAND DOCK REPAIR 9. APPROVE REHABILITATION OF GRINDER STATION 8 (1023 OLD CRYSTAL BAY ROAD) AND LIFT STATION 10 (115 ORONO ORCHARD ROAD SOUTH) 10. APPROVAL OF SEASONAL WEIGHT RESTRICTIONS – RESOLUTION NO. 7338 11. 2021 ROAD MAINTENANCE PROJECT – FINAL PAYMENT AND PROJECT CLOSEOUT 12. LA22-000051 – PAUL TAUNTON, 3600 IVY PLACE, AFTER-THE-FACT VARIANCES – RESOLUTION NO. 7339 13. LA22-000071 – JAMES & JULI HILLIER, 1224 BRIAR STREET & 1245 ARBOR STREET, VARIANCES – RESOLUTION NO. 7340LA22-000066 – MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 18 BRANDON BOLDUC, 3365 CRYSTAL BAY ROAD, VARIANCES – RESOLUTION NO.7341 14. LA22-000066 – BRANDON BOLDUC, 3365 CRYSTAL BAY ROAD, VARIANCES – RESOLUTION NO.7341 15. LA22-000067 – JON BYINGTON, 1270 WILDHURST TRAIL, VARIANCE – RESOLUTION NO. 7342 Johnson moved, Seals seconded, to approve the Consent Agenda with Items 1 and 2 removed. VOTE: Ayes 4, Nays 0. 1. CITY COUNCIL MEETING MINUTES OF JANUARY 9, 2023 2. CITY COUNCIL MEETING MINUTES OF JANUARY 23, 2023 Benson said the City Council meeting minutes of January 9, 2023 are something that has been a bit of a back and forth or ongoing issue. The first minutes that came back, I didn't approve because there were inaccuracies. And the second ones that have come out, it's kind of the same thing. There are several things in here that are not accurate. Based on our work session perhaps this is something where I don't know if the contractor is going to change or the processes are going to change or it's just going to be up to Council, as you indicated earlier, City Administrator Edwards, that we review those things. That's fine. There are inaccuracies, which is why I would not vote to approve both this meeting No. 1 and also No. 2. Walsh asked Benson if she had specific things she'd want inserted that could help solve the problem. Benson said specifically for January 9 there was a resident’s name that was incorrect throughout the entire minutes. It was correct in the first revision, and now it's incorrect again. And at least one quote is attributed to the wrong person. I believe it was Councilman member Johnson that was attributed a quote that was Chief Van Eyll and also the entire exchange between myself and City Attorney Mattick regarding my abstention is not included. Also missing January 9 are the details in the Mayor Council Report with Mayor Walsh's information with regard to individual homeowners who may be bringing some issues before the City so it’s inaccuracies as well as items that are just not included, understanding that this is not a verbatim report. My feeling is these are important issues to include in the minutes. Walsh suggested Benson talk to the staff and get revisions to bring to the Council so all could see them and see whether they would agree the changes were accurate. Benson said as far as Item 2 there was much less of an issue, but again, there was a motion to approve the consent agenda that was made by Councilmember Seals, and it was attributed to her. So there are just inaccuracies that I know none of us would want. Johnson suggested Benson make a practice of reviewing the minutes ahead of time and presenting any concerns to staff. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 18 City Administrator Edwards added the Council receives the packet on Friday. If over the weekend you send the clerk and I an email of any of those particular issues you might have, then we can see if that's something we can address before the meeting. Walsh said he would put the onus on Benson to send an email detailing the things she’d like to see changed or Staff could verify to make sure all is correct. Benson pointed out the packet is a lot to review in 48 hours but she would do her best. And at the same time, I understand that perhaps there's discussion in the works about a transcription service. Is that accurate? Edwards clarified the City is looking at changing its vendor for managing the meeting recordings and including closed captioning. He said that's not necessarily a capture of minutes and the problem is that it is only as good as the software so there can be a lot of inaccuracies. I don't know that it reduces our need to have somebody who's a professional transcribing and creating meeting minutes for us, regardless of whether they got some text that way or they have to transcribe from an audio recording. Walsh moved, Benson seconded, to table Items 1 and 2 and direct Council Member Benson to interact with staff on the minutes. VOTE: Ayes 4, Nays 0. COMMUNITY DEVELOPMENT REPORT 16. LA22-000065 – TIM & LESLIE OARE, 2967 CASCO POINT ROAD, VARIANCES Walsh reminded the audience that Community Development Reports are not public hearings although the Council may call on the applicant for information. City Planner Melanie Curtis explained the applicants and their neighbors purchased the neighboring Swenson property between their properties with the intent of splitting it and splitting the buildings on that lot to add to their own properties. The applicants are seeking two variances from the recently-adopted accessory dwelling unit performance standards in order to maintain the full functionality of the existing Swenson home to serve as an ADU (accessory dwelling unit) for their home at 2967 Casco Point Road. Curtis said they have requested variances from the minimum one-acre lot area requirement as well as the condition for the utilities to be combined between the two buildings. Their property after combination will be 7/10ths of an acre in area. The applicant's home was constructed in 2020 and they have new utilities separate from the Swenson home and they would like to maintain that. In January the Planning Commission heard this application and held a public hearing. Following the public hearing the Commission voted four to zero on a motion to recommend denial of the variances. We did not receive any comments from the public on this application. Staff found no practical difficulty to support the lot area variance to permit the ADU on the property. The minimum acreage requirement cannot be met therefore the property does not qualify for the ADU use. Staff recommends denial of the lot area variance for the ADU. The applicants are permitted to maintain plumbing facilities in the Swenson home with a restrictive covenant addressing the use as an accessory building with full plumbing facilities rather than a dwelling unit. She recommended Council direct staff to draft a denial resolution for adoption at your next meeting. The applicants and the neighbors, the Abbotts, are here tonight. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 18 Leslie Oare, 2967 Casco Point Road, explained they purchased the home in 2018. The Swenson's long narrow part is in between their home and the Abbotts on the other side. Swensons used the home as a cabin. Their residence is in Fort Lauderdale, so they were only there four times a year. We always had conversations with the Abbotts that if Swensons were ever to sell that we could purchase it as the guest house was originally part of our property. Abbotts do not own to the road, partially because many years ago the road was in front of the homes between the homes and the lake. So the Abbotts want to solve that and be able to own to the road to get rid of the driveway easement and be a conforming property. The Swenson property is non-conforming; all three are non-conforming. We'd like to divide the Swenson property and make two conforming properties and get rid of the density of the house in the middle. We would be getting rid of a dock permit that has created many lawsuits. We've already removed the steps to the lake and there's a deck at the top of the stairs we plan to remove and then remove the large portion of the sidewalk between the guest house and the Abbot property. The Swenson home was 32.5 percent hard cover. Our home with an existing variance is at 29.6. Our property would drop to 25.6 percent. We're just trying to do a really good thing and not have another homeowner squeezed in between us who will inevitably want to put in a boat slip which wouldn't be allowed because of the dock permit. John Abbott, 2941 Casco Point Road, is the other neighbor to this adjoining piece of property. Thank you, Leslie. She explained it nicely. We have a document in your packet that explains the neighbor situation. I just would point out that in this request there's not a stick of lumber, no physical changes to the site, except for the removal of hard cover and the elimination of density that's just too thick for the neighborhood. So, there's no bathroom being added; there's no expansion of the space being added. It's restoring it to what it was in the past, except that the density goes down and the hardcover is brought into a higher level of compliance. So I appreciate your consideration. Johnson said he would be very supportive of approving this application. I have gone along with these people on their process here. I think what we have is an existing condition with that house. They're cleaning it up, getting rid of the dock. It's an existing condition that actually cleans up a long-term problem. I'm supportive of that. With respect to combining utilities, again, that's an existing condition. I see it as unnecessary to ask them to combine them with what is already in place. Something to note about these folks is when they were trying to do this originally, they came to the City to do it the right way. That's what I respect about what they're doing. There's probably examples of this out there. People are using (such structures) in a different way. By making it an ADU and putting some restrictions on who can use it, that's a benefit to the neighborhood. The neighbors are on board. So I'm in support of the application. Walsh said this is precursor to the ADU discussion. We put the ADU language together with our city attorney and it was really more geared for new construction. But as Matt said, this is an existing condition; you're cleaning up three lots into two lots. You're not really changing anything, you're solving problems. And so like Matt, I think the practical difficulty is that you do have an existing condition that conforms to the neighborhood in general, but just not to the ADU, which is more geared for brand new construction. I would be supportive as well. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 18 Seals said she is also a big fan of cleaning things up. I appreciate moving from three to two (lots), cleaning up some of the hardcover -- that's always appreciated, especially on the lake. Docks are always a sensitive issue in Orono, so one less dock is not a bad thing. I would be in support of it also. Benson asked staff to speak to their recommendation again. Curtis said when staff did the analysis and went through practical difficulty they didn't find that there was one based on our newly-adopted ordinance to support the request. Walsh said the practical difficulty is in respect to existing conditions and combining and merging them. Our new statute or ordinance is really geared towards new construction. We knew we'd have some existing conditions that come in front of us, and this is one of those for sure. Benson clarified that the Planning Commission's recommendation was for denial based on a similar analysis to staff’s and because it would be under the required acreage for an ADU. She asked about setting a precedent. Curtis said it would probably be very difficult to find another situation such as this. It's pretty rare that someone would take a single lot of out of the mix, merging the three lots into two. It does improve the density and improves the hardcover as they have already noted. We went through the hardcover variances last year and they've agreed to remove a considerable amount of hardcover while still maintaining the necessary hardcover. In theory, I see it as a positive. But as you go through the analysis, that's where staff ended up. It doesn't conform to the acreage requirement, correct. Benson said she is just interested in weighing the options, given that it's a new ordinance (for ADUs) and understanding this is not a typical scenario, but also understanding the importance of precedents, and given that it is a new ordinance, being mindful of respecting that. Curtis said Staff does find that this is an extremely unique situation. So if you are focusing on precedents, I think for the next applicant to come through with something that's compelling enough for an approval, I think would be difficult. Benson asked if that's the case, why did staff recommend to deny? Curtis said because it's a newly-adopted ordinance. Seals said most often applicants are asking to split lots. That's a very typical request. So to me, going from three to two is a benefit to the lake and density. I know it's a little early in our ADU process so I appreciate staff sticking to the letter of the law. Benson asked about the hardcover reduction. Leslie Oare, the property owner, said the Swenson property was 32.5 percent hard cover. Our home is 29.6, which we got a variance for when we built it. By combining the old guesthouse back with our MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 18 house, we dropped to 25.6 percent. We just want the historical use; that was always as a guest house for our property -- it was divided off in 1978. I'm not sure how that happened but we're trying to put it back and then benefit another property at the same time, because then they'll own to the road and drop their driveway easement. Johnson moved, Seals seconded, to direct staff to prepare a resolution to approve LA22-000065, 2967 Casco Point Rd. Variances. VOTE: Ayes 3, Nays 1 (Benson). 17. LA22-000060, JOHN GRZYBEK O/B/O WARD EDWARDS, 2474 CARMAN STREET, SKETCH PLAN Community Development Director Laura Oakden presented a sketch plan proposal and said Council was being asked for some informal feedback to the applicant regarding their proposed plan. 2474 Carman has a street frontage on Shoreline Drive and the lot is long and narrow with a lagoon that divides the land right in the middle. It also has an identified wetland on the property. The parcel as it sits today has about 1.6 acres of land above the ordinary high-water level. The lot is improved with a single-family home on the southern portion of that lagoon, and the property is relatively unique with a split zoning with the south side of the inlet being our LR1B which is a one-acre minimum and north of that inlet or lagoon area being half-acre minimum or LR1C1. The applicant is proposing to split the lot into two parcels right down the lagoon or the inlet area to facilitate a new building site north of the inlet. The north side is heavily wooded and includes that wetland and some grading area that drops off of Shoreline Drive. An application in 2020, which included this parcel and the parcel to the east at 2480, contemplated a subdivision of those two lots going from two lots to four lots. At that time Planning Commission and Council were not in favor of creating any new non-conforming parcels. With that analysis from 2020. today the existing parcel as it sits is non-conforming as relates to lot width. As proposed that northern parcel would meet the LR1C1 requirements of the half acre and the 100 foot while the southern parcel would require a lot area variance as proposed. It's .68 acres where one acre is required, and a lot with variance at 125 feet and with where 140 is required. For this application to move forward two variances would be needed. Commissioners discussed requiring a shared access between this parcel and the parcel to the east at 2480 Carman to limit access on Shoreline Drive and to work with that neighboring parcel. Overall, some of the Commissioners did support allowing the creation of a new single-family lot on that northern parcel. Commissioner Ressler noted he did not support creating a new substandard parcel with variances. Commissioners also discussed the potential for rezoning the area to be consistent with the neighborhood as this is unique with a split zoning to see if that resolves any concerns. Council should discuss if they are comfortable as proposed with the necessary variances for this application. You also should discuss concerns regarding the buildability with that area, based on the wetlands as shown.. Planning staff request feedback to the applicant identifying those issues brought up. Scott W Edwards, 2474 Carmen Street, stated we've presented this before, and I guess nothing really substantially changed except for we had tried a number of other configurations. We feel the simplest way to do this and the most natural way is to split it in the middle of the lagoon. That’s historical going back. These lots and the one at 2480 have always been thought of as two lots. Going back there was even, I think, two different tax ID parcels numbers, before the lagoon was dredged in the ‘60s, I believe. I would like to note that the wetland that is designated is a technical term. It's really just a peat bog. There's no standing water historically on that area, but we did have it surveyed, I think three or four years ago, and MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 18 that is the outline of the peat bog. There is a curb cut there that has been existing for some time going out to County Road 15 that splits the lot line between 2474 and 2480. So that has been existing for quite a few years and that would be the proposed access driveway that we would use for the two lots. Johnson said the creation of a new lots and with variances is not something he'd support for a new lot. Walsh said this council has stayed away from creating lots that need variances. Seals said she called staff earlier today about Items 17 and 18, and was trying to understand what was different from when the Council reviewed this parcel before. I appreciate wanting to have something there but to be consistent with what we said back when we reviewed it last time, I would not be supportive of creating additional lots with more non-conformities. Benson said she was in agreement. Walsh indicated he would go on to Item No. 18 on the agenda which is a related parcel. 18. LA22-000069, BRETT AND AMANDA LARSON, 2480 CARMAN STREET, SKETCH PLAN Oakden said 2480 Carman is the property referenced to the east of the parcel just discussed but slightly larger. As existing today it's 1.85 acres of land above high water. The property has a new home with a building permit issued in 2022 for the southern portion of this inlet. Again, it has the challenge of that split-zoning with the LR1B one-acre minimum on the southern portion of the lagoon and the LR1C1 half -acre minimum on the northern portion. The applicant’s goal is to facilitate a new building site north of the inlet. Similar to the 2020 application, the northern portion is conforming today. The southern portion would be substandard to area as it does not meet one acre in area. They meet the width in this application, so just one variance would be needed in the sketch as proposed. It was a similar discussion by commissioners in that they commented on a shared driveway access. Concerns about creating new non- conforming variances was also discussed. You are directed to provide feedback to the applicant based on this discussion. The applicant did submit an alternate plan which was emailed out to you this afternoon. That can be discussed as well. Seals questioned whether in dividing the parcel if the new construction would still be conforming. She asked if that house was built based on the totality of that whole lot. Oakden said she believed the applicant designed the house with the division in mind. Even if they were to divide, their intent is to meet the hardcover and structural coverage still today with that new house if they just have the southern lot. Staff has not done a full analysis of that to verify those numbers. To comment on the submitted alternate plan before you, they provided a long 25-foot width strip of land that touches Shoreline Drive that would be accountable to lot two to then meet the one-acre minimum. That would resolve the need for a lot area variance as it’s proposed. However, this does create a unique flag-shaped lot with some land not attached and not accessible to the building envelope, which staff raised concern about to the applicant. Staff would also recommend a rezoning necessary with this alternate plan, as we MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 18 won't want to create lots with new zoning or create lots to maintain that split zoning so this new parcel should be all one zone. And then that raises questions of a sliver of rezoning between two other zoning districts and the usability of this 25-foot space. So it's more of a design discussion the Council should have for that applicant. There is the application as submitted today, which would require a lot area variance, then there's this alternate plan. The applicant, I'm sure would appreciate some feedback on as well. The new plan was submitted after the Planning Commission meeting so it did not go in front of the Planning Commission for feedback or analysis. From staff’s review of it, it meets the lot area standard so no variance would be needed. But it doesn't necessarily follow the general guidance of not wanting to create flag lots or creating accessibility of this space to the building envelope, because it's not contiguous in land. Benson asked if it is possible to have the Planning Commission take a look at this since this is essentially a new plan. Walsh explained the Council was giving guidance. Then they would bring it to Planning Commission to go through the process. This is just a guidance conversation. Brett Larsen, 2040 Carman Street, was with Mark Gronberg. Larsen noted the applicant’s preference would be to split the lots down the middle of the lagoon. We are building a new home on the southern portion of the lot. We had the architect and the engineer and everybody design the home to fit within that. We have setback coming at us from three different directions, so that was a limiting factor as well. So we were able to avoid needing a variance on that southern portion of the lot by tearing down the old home, moving back out of the setback, and then building within the permitted area. Realistically, the southern portion is .8 acres. We're not planning to build more than one home on it. But if we if we have to go with the second proposal, we didn't submit it to the Planning commission, but we did speak with the Planning Commission about it last month. Walsh said not in depth, though. They haven't brought it yet for a full conversation or a staff analysis to make sure it works or how it impacts the property next door, if we can even do flags that go across the water. In general, I think if it meets everything we always say it's good. But the devils in the details. So that'd be about as good a guidance I can give unless you have any other guidance. Johnson said it sounds like the hurdle is if it's a front and back lot, it needs a minimum of 40 feet in width, right? Oakden said if they were proposing a front/back lot subdivision, the back lot would need to be 150%, the zoning district area standard and then it's a 30-foot access outlet. That 30-foot access outlet you're referencing wouldn't count towards the backlot area. They're proposing to maintain this flag area and not be a backlot. Johnson said just because there's a provision in the code that kind of allows it, this isn't an example where you can use it. But, you know, with the separation of the water there, I'm not supportive of giving a lot division with this configuration with land on the other side of that lagoon. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 18 Walsh pointed out it's an add-on to figure out how you can take that little piece and add it to over there, even though you can't get to it. I'm not saying don't bring it to the Planning Commission, if it'd be interesting to vet it out and kind of see how it all works. Gronberg said the Planning Commission seems to be in favor of a rezoning of the house piece down to a half-acre. Walsh said that's something we haven't done in a long time to rezone areas because it's like where do you stop rezoning? Gronberg said it’s a unique situation with the lagoon that goes through. Walsh said I'm not saying it's not. You have obviously come up with a very interesting creative kind of possibility. Whether it works or not, I'm not sure. But it seems like it might be worth taking them through the process. Larsen said he believes if the City creates a precedent, there's nothing to really apply it to other than potentially next door, although it's a bit different. Walsh said there are a lot of different issues, I think, on this piece, for sure. I mean, just splitting properties having non-conforming lots, attaching a strand of land that doesn't attach to it. It brings up some strange possibilities. Seals said if the applicant thinks it's worth a go, then definitely bring it back through planning. I don't think looking at it right now, I would say yes. I don't love the idea of having this weird L-shaped thing underwater. It doesn't feel quite right. But I appreciate running it through the process. We've looked at this property several times. We've said no a lot on it. I appreciate wanting to put more properties on the lake. But I also appreciate most Orono residents don't want more properties around the lake. If you guys really want to go for it, bring it back through planning and see what comes back to us. Benson said she’d say if it's been a while since you took this to the Planning Commission, if it was the previous owner, I'd be in agreement with Councilmember Seals. I'd like to see what planning says. In further community development reporting, Oakden said she had attended a few Minnehaha Creek Watershed District and other training meetings recently and has been busy trying to catch up on some internal projects and permits. There are no major updates. FINANCE DIRECTOR REPORT Finance Director Olson reported the auditors were on site last Wednesday for field work for the 2022 audit and that went as smoothly as can be expected. Reporting on building permit revenue, Olson said January of 2023 was about 45 percent higher than January of 2022. Permit revenue generally follows a bell-shaped curve, so if we follow that same bell-shaped curve this year, the one month look is positive. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 18 Walsh said nothing seems to be slowing down. As we get closer to spring and warmer weather it's just going to get more active. He noted the City had maintained its Triple A bond rating which is the highest you can get. Olson said that was right. Moody's did reaffirm that. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Walsh reminded the audience these items are not public hearings. 19. ORONO FIREFIGHTERS RELIEF ASSOCIATION Edwards said Item 19 would require Council action and staff is looking for guidance from the Council on the establishment of the Orono Firefighters Relief Association. He noted in the fall of last year the Council passed a resolution stating the intent to establish a fire department. One piece of establishing a fire department is to have a Relief Association, a place for pensions for firefighters. The creation of a Relief Association does require special legislation at the State. Therefore, if we're going to pursue the establishment of a Relief Association, we need to be engaging with the Legislature now. If we want this to happen this year, the language can be written and it can go through the appropriate committees and eventually be decided by the Legislature. The Fire Chief James Van Eyll, who can't be here because he's at a training event, did prepare background on some of the things that we have done so far. At a staff level reached out and talked to the State level staff both for the State Auditor's Office and also the legislative writer for The Pensions Committee to find out how this process works. And we think we have a decent understanding of that. There are a number of steps that have to happen as we go through that process, in particular engagement with our State level representatives, both in the House and the Senate. He said there are two parts to the Council action being requested. One is direction to the staff to make those interactions, those engagements with our counterparts at the state. But also there does have to be engagement at the elected official level. And so staff has a recommendation that we would appoint our fire negotiating committee, Councilmembers Seals and Johnson, to fulfill some of those duties as we try to negotiate both with our friends in Long Lake, as well as our State elected officials. Walsh added, just a little more history; we did make those motions to create the Orono Fire Department and to hire our Fire Chief, James Van Eyll. And we did the direct staff to set up the legislation to start being able to bring the pension funds over from Long Lake to Orono, which basically we need to do when we're hiring the firefighters so they can come over. That's pretty standard practice when there's new fire departments or changing fire departments, that wheels have already been created. This is a little more specific because we didn't (did, not didn’t) give a motion to do it before, but this motion is now to do it right.now With the specific elected officials, the State and the local level, it's just a process that we have to go through, just take some time. We've just started the process and we're kind of in the middle of it right now. And then our appointed negotiating committees with Matt and Victoria would help staff MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 18 manage that process and stay in touch with everybody through the legislative process to get that in place. It's a paperwork and legislative process. Johnson said it’s something we need to get started. Seals said the only thing she would add to it is that one of the things that the firefighters have had lots of questions on is, how do we know that if we can't work out a deal sooner than later with Long Lake, how do we know that we're taken care of.? So one of the commitments we've tried to make to them is that we will do everything, just to make sure that regardless of where things land, that they're set up and covered. Through working with the State what we've learned is that this process is longer than we'd like it to be. It's government, right? In order to make sure that things are not last minute, and that we have time to make sure that it happens, we have to start this now. So I’m obviously supportive of it. At the end of the day firefighters are super important to the department and the community. I just want to make sure they're taken care of. Benson asked the City Administrator if there is a possibility or is there an issue with doing this in 2024? Edwards said if Orono wants a Relief Association that's established so that we could potentially start recruiting and pulling in firefighters in 2024, we need to be in the 2023 legislative session to get that through. Benson said given that, I'm going to talk about my concerns. This predates my time on Council, but last fall in September 2022, Orono Council passed a resolution of intent to establish a fire department. And then there was the purchasing of the ladder truck and then the hiring of a chief late in the year. And then in the beginning of this year, we voted to spend about $190,000 $192,000 to refurbish the ladder truck. And it's still undetermined as to whether or not or when this truck will be able to be used given ongoing negotiations with Long Lake Fire. We find ourselves here tonight dealing with what I'd call another administrative concern or somewhat of low hanging fruit as it is, paperwork to establish a fire department for the City of Orono. And to date, despite the critical importance of this issue, there has been no presentation to Orono residents outlining why we're here. And what are the viable options for service going forward, both quality of service most importantly, and also cost. There has been no cost analysis. This action to me seems to be premature given that the City of Orono has yet to inform our residents about why we're moving in this direction of an independent fire district. Where I'm coming from is until it's known that an independent fire district is the safest and most cost effective answer to fire service for a our city, the notion of making permanent changes under what feels like a somewhat false sense of urgency to this Relief Association seems an unnecessary use of staff time. This action also sends a clear message that negotiations with Long Lake Fire are unlikely. And it also sets in motion a number of consequential actions and decisions that will move us further down this path that we're not certain our City needs to be on. Where I'm coming from with regard to this issue is I don't see any reason why this type of administrative requirement couldn't be tackled, and you did answer that, next year, if, and that's a big if, the City of Orono is still in a place where we feel an independent fire district is the best course of action for our residents. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 18 Seals said this is not permanent, so let's not use that word, because what we're doing is setting up a mechanism so that our firefighters are supported regardless. The word permanent is not quite accurate. I also don't think, and I don't want to speak for you, Matt, but we are completely open to still meeting with Long Lake so let's not put words in either of our mouths that that’s done. The next thing on the agenda actually speaks to a full presentation that will come in short order that's done by staff. So agreed, I could see where it could come out of order. But also, we're not on timelines that I'm dictating. The government dictates when their legislation happens. I think that is a little bit of a mischaracterization to say it's permanent. Staff actually has a very robust plan to share a full picture on all the options. And, frankly, if that option to go with Long Lake comes out on that timeline, having this in place doesn't hurt thathem. So I don't think we should jump to the conclusion that it's permanent, or that negotiations are shut down, because these are the things that are coming very shortly. I don't know, Matt, if you want to add on to that, Johnson said he was prepared to make a motion to direct staff to move forward. Johnson moved, Seals seconded, to direct staff to move forward with the special legislation process and appointing Victoria Seals and Matt Johnson to work on the process. VOTE: Ayes 3, Nays 1 (Benson). 20. FIRE DEPARTMENT NEEDS ASSESSMENT Introducing Item 20, Edwards said the City perhaps could have put these two items in the reverse order on the agenda to discuss. The intent here is to get formal direction from the City Council for a fire department’s need assessment, again, with the Council action of last fall directing the intent to establish a fire department, and then the hiring of a fire chief to help develop what that future fire department looks like. The next logical step is that we need to complete a needs assessment. And our fire chief has already started working down that path. But prior to expending an inordinate amount of staff time in any direction that’s not what the council wants us to do, we wanted to bring this to you. The Council action outlines what the assessment scope work is proposed to be and talks about some other deliverables. And then in particular, paragraph five talks about the timeline in which we would complete the needs assessment. And then we’d come back to touch base with both the negotiating committee and the Council, and eventually a formal presentation at the very end. For those who can't see the Council action, we're proposing a timeline that would end in June, at the June 12 Council meeting with a final report and presentation to the City Council with some intermediate steps, obviously, in between. Seals indicated the timeline calls for a draft report May 22 to City Council, and then another a final report and presentation on June 12. Edwards said the way that we laid out the timeline is we'd have some progress check-ins with the negotiating committee. We would then bring a draft of the of the presentation and the report to the Council in a work session-type environment to get some informal feedback before finalizing the final version for approval or not at the June 12 meeting. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 18 Seals stated she appreciates that there are a few check-ins planned in the timeline. There's a lot of notice to have for the Council and the community so they can look forward to what's coming. She said she also appreciates that Edwards has involved other staff like the finance director and fire chief. You guys will have a very robust presentation that compares all the different options on the table. Pulling in Long Lakes’ offer, which she said is important to be included, she encouraged the other City Council members who have any questions to send them to the key staff so they can make sure that those are included in the actual presentation and can be answered ahead of time as much as possible. This is a really good step of getting that full body of work out to everybody. Who knows how it will shake out? Benson said to her number four on item 20, the other deliverables, is kind of the crux of the issue. What it says is that the study will include cost comparisons of the various negotiating offers that have been proposed since negotiations began with Long Lake. And that's just the issue, that we find ourselves in the position of moving forward in every way, both administratively and with procurement of equipment, without having done a most basic needs analysis and assessment of the financials. And to me, this feels akin to deciding to move to a new home without deciding whether or not you can afford it or if it's a good choice. I fully agree that having a needs assessment is an important thing to do. I think this would have been appropriate a year ago, or more, when these discussions first started, because it's unfortunate, from my perspective, that with everything at stake with our City, with fire service, with safety of our residents, with the firefighters, and with the finances involved here, that this type of work hasn't been done until now. So I'm in agreement with the needs assessment. I think it's coming at a time where we are running up against deadlines. And again, my hope is that the focus is on this number four other deliverables, Seals asked if the Council is okay with the timeline, or finds it too long or too short? Benson said she doesn’t think she is okay with the timeline. The notion, given that we're in contract until the end of 2025, given the fact that we've just passed the decision here to move forward with the State legislature, things are starting to bottleneck here. The time to pull back and look at a needs assessment financially, for the safety of our citizens, we're in that critical time here. We've talked about in past meetings that when Long Lake did give a response, we were quite clear, as a Council, that was the time to open it up to the public; that was the time to really engage with our citizens. Those are the individuals that put us here, and those are the individuals that we answer to. So it was quite clear to me in meetings past that the time to open it up to the public was when Long Lake gave a counter-offer, which they did. So the needs assessment as it stands, I think is a great thing to do. My preference would be that the focus in large part is on that financial assessment, especially with our Director of Finance, on option A versus option B. Or however you want to put it, going it alone building our own department from the ground up, versus staying in contract with Long Lake partnership, hp. However we do it, b because logically to me, and what I've heard from residents and constituents I've talked to, is that it's not clear that we do have an option. It starts to feel as if we've moved down the road so far that we're not able to look at safety and finances from an objective point of view, and to take our time doing it, because this is obviously a critical issue, and one that I don't feel in any way comfortable rushing. So to answer your question, which is a good one, I think I have no argument with a timeline. But I'd like it to not put us in danger again of being in a place where we're stuck. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 18 Seals said the Council has asked staff for a very thorough cost comparison, making sure that they really look at whether this is worthwhile. James is an expert for us in what does fire service need to look like for the City of Orono? What does a good fire service look like? What should we be paying? How should we be staffed? What would duty crews look like? The goal is that that's what they bring to us. So I think regardless of whether it should have been last year, last week, the question in front of us is, and I believe this is what you're asking is, are we comfortable with this timeline and these deliverables? And I would say yes and I can make a motion if that's what you're looking for. Seals moved, Johnson seconded, to approve the fire department needs assessment, deliverables and timeline as written in the document. VOTE: Ayes 4, Nays 0. 21. 2022 HENNEPIN COUNTY YOUTH SPORTS GRANT Edwards said last fall, the City Council passed Resolution 7305 requesting the Hennepin County Youth Sports Program consider us for a grant of $200,000 for a project to provide pickleball courts and more importantly for the grant, youth hockey facilities. That grant would have been for monies to use in the 2023 construction season. The 2023 construction season is rapidly approaching. We are currently noticing, and Hennepin County has noticed, that there have been some delays in fundraising. And there may still be some questions about the end state of these facilities and this project. We've had a number of staff-to-staff discussions with Hennepin County Grant staff on this. And so based on the uncertainties, what we're recommending is that the City Council authorize staff to pull the grant application from contention for this construction season. We can, of course, then resubmit it for future construction seasons, once we have a more finalized plan that seems less contentious. Walsh said he thought that would be a smart play. Our goal is always to be upfront with the Counties that we're applying to for grants because we apply for grants all the time with all our different parks. It's multi- grants and multi-facilities, and we have another big one that will be coming up for sure with Hackberry. It's taken us some time to get through the process. And it's hard to raise money when you haven’t gotten through the process yet. On March 6, the Parks Commission is going to have their work session to go through all the good, bad and ugly as to what they like, what they don't like, see what things checks the box, what hills may be too high to climb, what may be the next best alternatives, the pricing, how that works. That's going to be the meeting that is going to vet this then give recommendations to the Council to either continue the process in a different direction or just not do anything. It's the smart play to pull that right now, because we're a little bit behind in the timeframe, and we don't want to take money from somebody else that could be in the process and get the money that's ready to go. Seals said it makes sense. That's a large amount of money. You'd hate to see another Hennepin County city not get awarded and us get awarded and not be able to use it. I also would not like to see future requests looked at differently, for example Hackberry. So I think it's smart. She also mentioned the March 6 Parks Commission workshop. I think there's obviously an interest in pickleball. I don't know if the location is ideal. I've heard both sides of the coin. But really, that's where that conversation should happen. She said it is her understanding concerning the Hennepin County grant that if the City didn't have hockey there, the grant really wasn't as viable. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 18 Edwards said that is correct because the grant the City was specifically going after was a youth sports grant. They did tell me on the phone that pickleball is not yet something they categorize as a youth sport and that youth hockey is very much so. So that was what that grant application was resting on, that youth sport component. EdwardsSeals pointed out that there are youth who play pickleball. Seals said -- they do it at the high school. Seals said, “I think it makes sense to pull it.” out of contention. Seals moved, Johnson seconded, to authorize staff to request the Youth Sports Grant Application be removed from this round of consideration. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Nancy Brantingham, 3185 County Road 6, Long Lake, said during the public comments at the January 9 Council meeting she requested that the Orono City Council hold an informational meeting similar to the one held by the City of Long Lake to inform residents about Orono’s decision to end the current relationship between the two cities related to fire services. At that time, Councilman Johnson stated that as soon as Long Lake had made a decision regarding Orono’s offer the City would inform citizens regarding the fire department's situation. I responded to the Councilman that with all due respect, it is not necessary to wait until things are settled to inform citizens about this situation. Indeed, citizens should be informed and have opportunities for input before final decisions of this importance are made. The City of Long Lake took just such an approach last fall providing information about the entire process and the available options and allowing ample time for citizen input. That said, I would now request that the City of Orono hold a public hearing for our citizens and I respectfully request the following: one, that the Council explain how and why the decision was made to terminate the current arrangements with Long Lake; two, what the true costs of going it on our own will be; number three, why the Council has shown no obvious interest in exploring other options, including the formation of a multi-community fire district as neighboring cities appear to be doing. Brad Erickson, 2485 Independence Road in Independence, Minnesota, said I have a business at 2160 West Wayzata Boulevard and have had for many years now. If you see something, say something, that's how I was brought up. And it seems to be a common theme going forward with our government and shit that's going on in our government. It's been a long 10 months since I first discovered the now infamous Holocaust video sent to me by you, Mayor Walsh. The comparisons of current day America to Nazi Germany and the extermination of 6 million Jews makes me sick. And it's shameful. I never would have imagined such filth and disgusting rhetoric being disseminated from the office of the Mayor of this town. Nor would I have imagined it heading straight to the Capitol in Washington DC on January 6, 2021. But that is exactly where it led. Approximately six months ago a man from a local prominent family approached me about Mr. Crosby and a mutual friend traveling to Washington DC to take part in the events that unfolded on January 6, 2021 and they were bragging about it with others upon their return, including selfies that were taken out there on the steps. I immediately requested a meeting with Mr. Crosby at my attorney's office, which Mr. Printup arranged, and attended on August 3, 2022 for 2.2 hours. Contrary to Mr. Crosby's version, however, he was less than forthcoming about his involvement with the January 6 matter and instead spent most of the time pleading with me to forgive you, Mr. Mayor, for the MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 18 video you had sent me. Yes, you did. Are you denying that you sent me that? You should. Only after unsuccessfully negotiating with me and out of concern for his own political future, Mr. Crosby and you, Mr. Walsh, set about to publicly defame and discredit me. This started on August 22, approximately two weeks after the January 6 meeting and took place in this very chambers. After the initial attempt by this mayor to attack my character failed, I was forced into legal action and set off in a whole new direction which led to places no one could believe unless they had seen it for themselves. While it is truth for some to believe that January 6 was no big deal and constitutes fake news, for the majority it is an enormous stain on our democracy here and around the world; in other words, this is a big deal and must never happen again. And now we as a city have a big problem; an elected official that sits right there who is part of this, how big a part he won't say for sure. Walsh told Erickson his time was done and directed him to take his seat. (Recording stopped for 30 seconds) Mr. Erickson said, “This is the fourth time he has not been here, I’ve been trying to address him for 8 weeks.” Mayor Walsh said, “Look at the camera, are you doing this for the camera? Sit down, you’ve yelled enough, your circus is done. Sit down.” Mr. Erickson said, “You guys know about all this shit. His employer knew about all this shit.” Mayor Walsh, “You’re embarrassing yourself. Sit down.” (Recording stopped for 30 seconds) Mayor Walsh “Your time is over.” Chelsea Wetrick, and I don’t need to give my address. I’ve been watching the meetings. Mayor Walsh, “You don’t live anywhere?” Ms. Wetrick said I said I don’t have to give my address. Mayor Walsh said, well we ask you to state your name and address for the record Ms. Wetrick said I don’t care, I’m going to need time back if you keep interrupting me. Okay, you can have time back, but we ask you to state name address. Is there some reason why you’re not going to give us your name and address? That’s a requirement. Ms. Wetrick said I don’t want to, I don’t need to. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 18 Mayor Walsh said, then have a seat please. We have rules here at the city council. If you don’t want to follow the rules, then you can sit down. Respect the rules, tell us who you are. Mayor Walsh and speaker talking over each other. Walsh, “Are you afraid to state your name and address? Obviously there’s a reason why you’re not stating your name and address.” Ms. Wetrick, “Because I don’t have to. Mayor Walsh, “Well it says if you’re going to come up we require you to state your name and address.” Ms. Wetrick said, “I don’t care what you require.” Mayor Walsh said, Then sit down. Ms. Wetrick said, “No, I’ve got two minutes left.” It says, each member or agent of the board needs to act in good faith and with complete truthfulness, accuracy and disclosure and candor. You have not done that, I’ve been watching… Mayor, “truth and candor, you won’t even tell us your name and address.” You are beyond rude that you’re coming to our city council with members of our city and you will not state your name and address and follow our rules. Ms. Wetrick, “I live in Independence, Minnesota. How’s that. Why do you need my address? Mayor Walsh, “What’s your name?” Ms. Wetrick states her name, then said, “Now did you hear anything I just said?” Mayor, “Chelsea something or other, Independence, Minnesota.” Ms. Wetrick, “In your own rules it says that when asked a question you have to act in truthfulness. All of you do. But questions have been asked and you just don’t answer them. You guys have your own agenda. You just sit and roll your eyes at people and call them names. You have no right to do that. People want to know what’s going on. We want answers and we expect you two both to give answers. Thank you.” Mayor Walsh, “Okay we’re done with public comments. I’m not sure what’s in the water in Indpendence, Minnesota.” , Independence, Minnesota, stated when asked a question you have to act in truthfulness, all of you do. But questions have been asked, and you just don't answer them. You guys have your own agenda and you just sit and roll your eyes at people and call them names. You have no right to do that. People want to know what's going on. We want answers and we expect you both to give answers. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 18 Walsh closed public comments. Ms. Brantingham returned to the podium and said she would respectfully request that you allow the gentleman who asked for a chance to address the Council to do so. Walsh said we've closed public comments. If people want to behave and come up and talk appropriately, then maybe. Otherwise, maybe we will just cancel it in general. Mayor and Council reports were not given at this meeting. ADJOURNMENT Walsh moved, Seals seconded, to adjourn the meeting at 7:23 p.m. VOTE: Ayes 3, Nays 1 (Benson). ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: Exhibit C. Excerpt from League of Minnesota Cities t from Leauge of Minnesotat Cities Information Memo: Meetings of City Councils AGENDA ITEM Prepared By: JVE Reviewed By: Approved By: 1. Purpose. The purpose of the action item is to allow Fire Chief James Van Eyll to become a team member and the City of Orono to become a participant in the Minnesota All-Hazards Incident Management Organization (IMO) 2. Background / Summary. Beginning in late 2008, several local jurisdictions signed the Joint Powers Agreement Establishing the Regional All-Hazards Incident Management Organization (“IMO”), referred to in this memo as the “JPA”, which created a joint powers entity that could deploy an All-Hazards Incident Management Team (“AHIMT”). An AHIMT is comprised of employees of the various participants in the JPA who could be deployed to support incident management activities both within and outside of the State of Minnesota. Fire Chief James Van Eyll has been a team member of the MN AHIMT since 2010. He has been deployed to assist with several incidents inside the State of Minnesota. Deployments may happen through out the year. Usually, there is an email sent to the team members asking if they are available to deploy to the incident. Once the email is sent, approval will be asked of the City Administrator to deploy. There are times when the participation costs and time are covered by the requesting entity. An example of this is when Fire Chief James Van Eyll was deployed to assist with the wildfires that were occurring in Embarrass Minnesota. All costs were picked up by the Minnesota State DNR and reimbursed to the City. 3. Staff Recommendation. Staff recommends the authorization to become a participant in the Minnesota Statewide All-Hazards Incident Management Organization. COUNCIL ACTION REQUESTED Motion to approve the authorization for the City of Orono to become a participant in the Minnesota Statewide All-Hazardous Incident Management Organization. Exhibits A. Cooperative Agreement Minnesota Statewide All-Hazards Incident Management Organization Item No.: 9 Date: February 27, 2023 Item Description: All-Hazards Incident Management Team (AHIMT) Participation Presenter: James Van Eyll Fire Chief Agenda Section: Fire Department Report April 2021 COOPERATIVE AGREEMENT MINNESOTA STATEWIDE ALL-HAZARDS INCIDENT MANAGEMENT ORGANIZATION 1. PURPOSE The purpose of this Cooperative Agreement is to establish the Minnesota Statewide All-Hazards Incident Management Organization for the purpose of training, equipping, maintaining, and deploying Team Members to incidents inside and outside the State of Minnesota as may be requested by a local agency or other governmental unit. The intent of this Cooperative Agreement is to make equipment, personnel, and other resources available from Participants to the requesting agencies and governmental units. The Participants hereto do not intend, and this Cooperative Agreement shall not be construed, to form a joint powers entity pursuant to Minn. Stat. § 471.59. 2. DEFINITIONS The following definitions apply to this Cooperative Agreement: 2.1 “Minnesota Statewide All-Hazards Incident Management Organization” or “IMO” – The Participants who will or may provide Team Members who may be available to be rostered or activated to provide Assistance to support incident management activities pursuant to this Agreement. 2.2 “All-Hazards Incident Management Team” or “IMT” – A group of Team Members who are rostered for deployment or are deployed to provide Assistance to support incident management activities pursuant to this Agreement. 2.3 “Team Member” – A trained and qualified person who is employed by, contracted to, or volunteering with a Participant, who is or may be available to be activated to support incident management activities pursuant to this Agreement. 2.4 “Participant(s)” – Any “governmental unit” as that term is defined in Minn. Stat. § 471.59, subd. 1(b) that is a signatory to this Agreement. 2.5 “Requesting Entity” – Any public agency or governmental unit, whether located within or outside of the State of Minnesota, that requests incident management support from the IMO. 2.6 “Assistance” – Incident management support activities, which may include but are not limited to: public works personnel and equipment; fire and/or emergency medical services personnel and equipment; law enforcement personnel and equipment; utility personnel and equipment; incident organization; command; operations; planning; logistics; and finance/administration. 2 2.7 “Operating Committee” – The group of individuals designated in this Agreement to receive requests for Assistance from a Requesting Entity and organize the deployment of an IMT. 3. Operating Committee 3.1 Functions. The IMO will be administered by the Operating Committee. The Operating Committee will receive requests for Assistance from a Requesting Entity and facilitate the deployment of an IMT to provide the requested Assistance. The Operating Committee may also organize and facilitate the training of Team Members to provide incident management support. 3.2. Composition. All members of the Operating Committee must be employees or representatives of a Participant. The initial Operating Committee will be comprised of the following individuals: Terry Stoltzman, Anoka County Chris Breitbach, Allina Health Lance Ross, North Memorial Wayne Kewitsch, Anoka County Jeff Lanenberg, Allina Health Trevor Hamdorf, City of New Brighton Marlyn Halverson, Carlton County Kristi Rollwagen, Metropolitan Airports Commission Greg Hayes, Mdwakenton Public Safety Scott Gerber, City of Eden Prairie 3.3 Vacancies. A vacancy on the Operating Committee must be filled by the majority vote of the remaining members of the Operating Committee. 3.4 Meetings. The Operating Committee will meet as needed, but at least quarterly, to discuss any matters related to the IMO. 3.5 Operations Manager. The Operating Committee must designate one of its members as the “Operations Manager,” who will be the contact person for receiving requests for Assistance. The initial Operations Manager will be Terry Stoltzman from Anoka County. The Operating Committee may designate a different Operations Manager at any time by the majority vote of its members. 3.6 No Other Power or Authority. The Operating Committee will have no authority to receive or expend funds, to enter into contracts, to hire employees, to purchase or otherwise acquire and hold real or personal property, or to sue another entity or individual. 3.7 Procedure. Upon receiving a request for Assistance, the Operations Manager must report the request to the other members of the Operating Committee. The Operating 3 Committee will then consult with the Participants to assemble an IMT to respond to the request. A Participant is not required to provide Team Members to response to any particular request. 4. Participants; Liability; Insurance; Indemnification 4.1 Participants. Any governmental unit (as defined in Minn. Stat. § 471.59, subd. 1(b)) may become a Participant in the IMO by providing a signature page to the Operating Committee that has been duly executed by those person(s) having authority to enter into this Cooperative Agreement on behalf of the unit or entity. The Operating Committee must maintain a current roster of all Participants. 4.2 Responsibility for Employees. Any employee, agent, volunteer or contractor of a Participant engaged in providing Assistance under this Cooperative Agreement shall not be considered an employee, agent, volunteer or contractor of any other Participant for any purpose, including worker’s compensation and other claims that may or might arise out of the employment context. All claims made against a Participant as a result of any act or omission of an employee, agent, volunteer or contractor of the Participant while the employee is engaged in providing Assistance under this Cooperative Agreement are not the obligation or responsibility of any other Participant. 4.3 Indemnification. No Participant is liable for the acts or omissions of another Participant under this Cooperative Agreement, unless the Participant has agreed in writing to be responsible for the acts or omissions of another Participant. Each Participant agrees to defend, indemnify, and hold harmless the other Participants against any and all claims, liability, loss, damage, or expense, including reasonable attorney’s fees, resulting from or arising under this Cooperative Agreement and caused by or resulting from negligent acts or omissions of the Participant and/or those of its employees, agents, volunteers, or contractors. To the extent a Participant is a “municipality” covered by Minnesota Statutes Chapter 466, under no circumstances may the Participant be required to pay on behalf of itself and any other Participant any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Participant. To the extent a Participant is a federally recognized sovereign Native American tribe or a department or agency thereof (a “Tribal Participant”), under no circumstances may such Tribal Participant be required to pay on behalf of itself and any other Participant any amounts in excess of the limits on liability established by a tribal ordinance or law limiting the tort liability of such Tribal Participant. 4.4 Worker’s Compensation. No Participant will be responsible for injuries to or death of any employee, agent, volunteer, or contractor of another Participant who provides Assistance as part of an IMT. Each Participant must maintain workers’ compensation insurance or self-insurance coverage, covering its own employees and volunteers while they are providing Assistance pursuant to this Cooperative Agreement and must require contractors and agents to provide workers’ 4 compensation coverage as required by law. Each Participant waives the right to sue any other Participant for any workers’ compensation benefits paid to its own employees, agents, volunteers, contractors, or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Participant or its officers, employees, agents, volunteers, or contractors. 4.5 EMAC Deployment. Any Team Member engaged as a member of the IMO and deployed as part of a request under the Interstate Emergency Management Assistance Compact (“EMAC”) is afforded all the protections and coverage as stated in Minnesota Statutes Sections 192.89–192.91. 4.6 Specialized Emergency Response Team Deployment. Any Team Member engaged as a member of the IMO and deployed as part of a specialized emergency response team under Minnesota Statutes Section 12.351 shall be deemed an employee of the state as provided by section 12.351. 4.7 No Compensation from IMO. Participants and Team Members are not entitled to compensation from the IMO for providing Assistance under this Cooperative Agreement. 5. Equipment 5.1 Ownership. Neither the IMO nor the Operating Committee shall own or control any personal property that may be used by an IMT in providing Assistance under this Cooperative Agreement. Individual Participants may purchase and maintain equipment designated exclusively or non-exclusively for IMT purposes, but such equipment will be owned and deployed solely by that Participant. A Participant owning property designated for IMT purposes is solely responsible for the maintenance, repair, replacement, and insurance of the property. 5.2 Damage. Each Participant will be responsible for damages to or loss of its own equipment. Each Participant waives the right to sue any other Participant for any damages to or loss of its equipment even if the damages or losses were cause wholly or partially by the negligence of any other Participant or its officers, employees, agents, volunteers, or contractors. 6. Effective Date; Duration; Withdrawal; Termination 6.1 Effective Date. This Cooperative Agreement will become effective upon the approval and signature of any two Participants and will become binding upon the remaining Participants on the dates of the approval of each of them. 6.2 Duration. This Cooperative Agreement will remain in full force and effect until it is terminated in the manner provided in section 6.4. 5 6.3 Withdrawal. Any Participant may withdraw from this Cooperative Agreement upon thirty (30) days’ written notice to the other Participants and the Operating Committee. 6.4 Termination. Notwithstanding the Participants’ authority to withdraw, this Cooperative Agreement and the IMO created hereby will continue in force until all remaining Participants mutually agree to terminate or revise this Cooperative Agreement. If only one Participant remains, this Cooperative Agreement will terminate automatically and the IMO will cease to exist. IN WITNESS WHEREOF, each Participant has executed this Cooperative Agreement on the date indicated. 6 Signature Page to Statewide All-Hazards Incident Management Organization Cooperative Agreement PARTICIPANT: ___James Van Eyll __________________ Contact Person: ___James Van Eyll ________________ Email: __jvaneyll@ci.orono.mn.us __________ Phone Number: __952-367-6447 _________ Executed by: _________________________________ Printed Name: _____________________ Title: ____________________________ Date: ____________________________ _________________________________ Printed Name: _____________________ Title: ____________________________ Date: ____________________________ Please provide executed signature pages to the Operating Committee, attention Terry Stoltzman, at 2100 3rd Avenue, Suite 700, Anoka, MN 55303. AGENDA ITEM Prepared By: JVE Reviewed By: Approved By: 1. Purpose. The purpose of this action item is to gain approval to purchase a mobile radio with remote head and 4 portable radios per the quote from Motorola Solutions. 2. Background. Council approved purchase mobile radios for the ladder truck at the January 9th meeting. We have since found out that the portable radios approved for purchase are coming up on end of life with Motorola and we will need to purchase the APX 6000 XEs. Also discovered, was that the existing mobile radio, in the ladder truck, is no longer approved for use on the Hennepin County System. 3. Cost. The City received a quote from Motorola listed in the table below. The City had approved on January 9th $14,000 for 4 APX 4000 portable radios. The mobile radio with remote head will cost $6,459.12 and the APX 6000 XE will cost $27,622.68. Vendor/ Company Description Cost Motorola Mobile with remote head and 4 portable radios $34,100.00 4. Funding. This purchase will be funded through the Fire Equipment Outlay Fund. The projected 2023 EOY balance for the Fund is -$88,801 however the overall Equipment Outlay Fund has a projected end of year balance of $ 471,689. 5. Staff Recommendation. Staff recommends approval of the purchase of the mobile and portable radios for $34,100. COUNCIL ACTION REQUESTED Motion to approve the purchase of a mobile and portable radios from Motorola for $34,100. Exhibits A. Motorola Solutions quote Item No.: 10 Date: February 27, 2023 Item Description: Authorization to Purchase Mobile & Portable Radios for Ladder Truck Presenter: James Van Eyll Fire Chief Agenda Section: Fire Department Report DRAFT QUOTE-2011192 ORONO POLICE DEPT, CITY OF FD Quote - 4 APX6000XE Portables, 1 APX6500 DH Mobile and Accessories 01/13/2023 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote(“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner toanyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 01/13/2023 ORONO POLICE DEPT, CITY OF 2750 Kelley Parkway Orono , MN 55356 RE: Motorola Quote for FD Quote - 4 APX6000XE Portables, 1 APX6500 DH Mobile and Accessories Dear James VanEyll , Motorola Solutions is pleased to present ORONO POLICE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide ORONO POLICE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Randy Beach at randy.beach@ancom.org. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Randy Beach Account Manager Motorola Solutions Manufacturer's Representative DRAFT QUOTE-2011192 Billing Address: ORONO POLICE DEPT, CITY OF 2750 Kelley Parkway Orono , MN 55356 US Shipping Address: Orono Fire Department 2700 Kelley Parkway Orono , MN 55356 US Quote Date:01/13/2023 Expiration Date:03/14/2023 Quote Created By: Randy Beach Account Manager randy.beach@ancom.org 763-257-3865 End Customer: ORONO POLICE DEPT, CITY OF James VanEyll jvaneyll@ci.orono.mn.us 952-249-4631 Contract: 20927 - MN DOT 209493 RFQ Number:NA Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 6000 Series APX6000 XE 1 H98UCF9PW6BN APX6000 700/800 MODEL 2.5 PORTABLE 4 $3,595.00 $2,588.40 $10,353.60 1a H869BZ ENH: MULTIKEY 4 $363.00 $261.36 $1,045.44 1b QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 4 $6.00 $4.32 $17.28 1c Q361AR ADD: P25 9600 BAUD TRUNKING 4 $330.00 $237.60 $950.40 1d QA02006AA ENH: APX6000XE RUGGED RADIO 4 $880.00 $633.60 $2,534.40 1e Q58AL ADD: 3Y ESSENTIAL SERVICE 4 $184.00 $184.00 $736.00 1f Q15AK ADD: AES/DES-XL/DES-OFB ENCRYPTION AND ADP 4 $879.00 $632.88 $2,531.52 1g H122BR ALT: 1/4 WAVE 7/8 STUBBY (NAR6595) 4 $26.00 $18.72 $74.88 1h H38BT ADD: SMARTZONE OPERATION 4 $1,320.00 $950.40 $3,801.60 DRAFT QUOTE-2011192FD Quote - 4 APX6000XE Portables, 1APX6500 DH Mobile and Accessories Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1i Q806BM ADD: ASTRO DIGITAL CAI OPERATION 4 $567.00 $408.24 $1,632.96 2 NNTN7624C CHARGER,CHR IMP VEH EXT NA/EU KIT 4 $509.76 $292.50 $1,170.00 3 PMMN4107BBLK AUDIO ACCESSORY- REMOTE SPEAKER MICROPHONE,XE500 REMOTE SPKR MIC WITHOUT CHANNEL KNOB, BLACK 4 $594.00 $427.68 $1,710.72 APX™ 6500 / Enh Series ENHANCEDAPX6500 4 M25URS9PW1BN APX6500 ENHANCED 7/800 MHZ MOBILE 1 $3,253.00 $2,342.16 $2,342.16 4a QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 1 $6.00 $4.32 $4.32 4b G851AG ADD: AES/DES-XL/DES-OFB ENCRYP APX AND ADP 1 $879.00 $632.88 $632.88 4c G832AD ADD: SPKR 7.5W WTR RST APEX 1 $67.00 $48.24 $48.24 4d G607AC ADD: REMOTE MOUNT CABLE 75 FT APX 1 $50.00 $36.00 $36.00 4e G628AC ADD: REMOTE MOUNT CABLE 17 FT APX 1 $17.00 $12.24 $12.24 4f G67DQ ADD: REMOTE MOUNT O2 APXM 1 $327.00 $235.44 $235.44 4g G51AU ENH: SMARTZONE OPERATION APX6500 1 $1,320.00 $950.40 $950.40 4h GA00092BB ADD: APXM DUAL O2 CH (GREY) 1 $627.00 $451.44 $451.44 4i G78AT ENH: 3 YEAR ESSENTIAL SVC 1 $288.00 $288.00 $288.00 4j GA01606AA ADD: NO GPS/WI-FI ANTENNA NEEDED 1 $0.00 $0.00 $0.00 4k B18CR ADD: AUXILIARY SPKR 7.5 WATT APX 1 $66.00 $47.52 $47.52 4l GA00804AA ADD: APX O2 CH (GREY) 1 $541.00 $389.52 $389.52 DRAFT QUOTE-2011192FD Quote - 4 APX6000XE Portables, 1APX6500 DH Mobile and Accessories Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 4m G89AC ADD: NO RF ANTENNA NEEDED 1 $0.00 $0.00 $0.00 4n G444AH ADD: APX CONTROL HEAD SOFTWARE 1 $0.00 $0.00 $0.00 4o G806BL ENH: ASTRO DIGITAL CAI OP APX 1 $567.00 $408.24 $408.24 4p W22BA ADD: STD PALM MICROPHONE APX 2 $79.00 $56.88 $113.76 4q W969BG ADD: MULTIKEY OPERATION 1 $363.00 $261.36 $261.36 4r G361AH ENH: P25 TRUNKING SOFTWARE APX 1 $330.00 $237.60 $237.60 5 NNTN8860A CHARGER, SINGLE-UNIT, IMPRES 2, 3A, 115VAC, US/NA 4 $169.56 $112.50 $450.00 6 PMNN4547A BATT IMPRES 2 LIION TIA4950 R IP68 3100T 4 $213.15 $153.47 $613.88 Grand Total $34,081.80(USD) Notes: ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax,sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added toinvoices. DRAFT QUOTE-2011192FD Quote - 4 APX6000XE Portables, 1APX6500 DH Mobile and Accessories Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 5 AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to provide City Council and community with a summary of city staff accomplishments for 2022. 2. Background. The City Council directed the City Administrator to provide a report on the performance of the various staff departments. To meet this requirement staff undertook the preparation of an annual report. The report is based on reports done by other cities and the annual report the police department prepares. 3. Action. The city administrator will provide a summary briefing of the draft report. COUNCIL ACTION REQUESTED Adoption of the 2022 City of Orono Annual Report. Exhibits A. 2022 City of Orono Annual Report Item No.: 11 Date: February 27, 2023 Item Description: 2022 City of Orono Annual Report Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: City Administrator Report 2 TABLE OF CONTENTS Contents 1.01. Mission Statement. ....................................................................................................................................5 1.02. Vision Statement ........................................................................................................................................5 1.03. City of Orono Goals ....................................................................................................................................5 2. ORGANIZATION .....................................................................................................................................................6 2.01. Organization ...............................................................................................................................................6 2.02. Human Resources ......................................................................................................................................6 2.02.1. New Hires ...................................................................................................................................................6 2.02.2. Years of Service Awards .............................................................................................................................6 2.02.3. Labor Agreements ......................................................................................................................................7 2.02.4. Personnel Handbook. .................................................................................................................................7 2.02.5. Safety Committee.......................................................................................................................................7 2.02.6. Cheers Committee .....................................................................................................................................7 3. ADMINISTRATIVE SERVICES ..................................................................................................................................8 3.01. Overview ....................................................................................................................................................8 3.02. Organization and Staff ...............................................................................................................................8 3.03. Customer Service & Municipal Support .....................................................................................................8 3.04. Records Retention & Management ...........................................................................................................9 3.05. Recycling & Organics ..................................................................................................................................9 3.06. Communications and Outreach .................................................................................................................9 3.07. Elections .................................................................................................................................................. 11 4. FINANCE. ............................................................................................................................................................. 12 4.01. Overview ................................................................................................................................................. 12 4.02. By the Numbers (Metrics) ....................................................................................................................... 12 4.03. Organization and Staff ............................................................................................................................ 12 4.04. Budget ..................................................................................................................................................... 12 4.05. Annual Comprehensive Financial Report (ACFR) .................................................................................... 13 4.06. Payroll. ..................................................................................................................................................... 13 4.07. Utility Billing. The Resource Management Technician ........................................................................... 13 4.08. Information and Communications Systems ............................................................................................ 13 5. COMMUNITY DEVELOPMENT ............................................................................................................................ 14 3 5.01. Overview ................................................................................................................................................. 14 5.02. Organization and Staff ............................................................................................................................ 14 5.03. Department Activity Summary ................................................................................................................ 14 5.04. Planning ................................................................................................................................................... 14 5.05. Building .................................................................................................................................................... 15 5.06. Code Enforcement .................................................................................................................................. 15 6. PARKS ................................................................................................................................................................. 16 6.01. Overview. ................................................................................................................................................ 16 6.02. By the Numbers (Metrics). ...................................................................................................................... 16 6.03. Organization and Staff. ........................................................................................................................... 16 6.04. Parks and Trails. ...................................................................................................................................... 17 6.04.1. Turf Maintenance. ................................................................................................................................... 17 6.04.2. Park Improvements. ................................................................................................................................ 17 6.05. Golf Course Operations. .......................................................................................................................... 18 6.06. Events ...................................................................................................................................................... 19 7. PUBLIC WORKS. .................................................................................................................................................. 20 7.01. Overview ................................................................................................................................................. 20 7.02. Organization and Staff ............................................................................................................................ 20 7.03. Streets ..................................................................................................................................................... 20 7.03.1. By the Numbers (Metrics) ....................................................................................................................... 21 7.03.2. Key Activities. .......................................................................................................................................... 21 7.04. Stormwater Maintenance ....................................................................................................................... 21 7.04.1. By the Numbers (Metrics). ...................................................................................................................... 22 7.04.2. Key Activities. .......................................................................................................................................... 22 7.05. Sanitary Sewer Maintenance .................................................................................................................. 22 7.05.1. By the Numbers (Metrics). ...................................................................................................................... 22 7.05.2. Key Activities. .......................................................................................................................................... 23 7.06. Water System Operations ....................................................................................................................... 23 7.06.1. By the Numbers (Metrics). ...................................................................................................................... 23 7.06.2. Key Activities. .......................................................................................................................................... 23 7.07. Services. .................................................................................................................................................. 23 7.07.1. By the Numbers (Metrics). ...................................................................................................................... 23 7.07.2. Key Activities. .......................................................................................................................................... 24 8. ENGINEERING ..................................................................................................................................................... 24 4 8.01. Introduction ............................................................................................................................................ 24 8.02. Organization and Staff ............................................................................................................................ 24 8.03. Project Management .............................................................................................................................. 24 8.04. Support to Staff Departments. ................................................................................................................ 26 9. POLICE DEPARTMENT......................................................................................................................................... 27 5 ORONO MISSION, VISION AND GOALS 1.01. Mission Statement. The City of Orono will provide effective guidance through public policy established from citizen involvement, by empowering staff to implement best practices to prepare Orono for any challenges of the future and by ensuring a positive customer experience, superior municipal services and provide a safe community for the residents, businesses and customers to live, work and play in. 1.02. Vision Statement. To be the residential community of choice and remain widely recognized for its preservation of natural rural beauty, quality of life, and recreational assets. 1.03. City of Orono Goals. 1. To provide consistent high levels of customer service to our residents and balance the enforcement of city codes 2. To maintain sustainable funding for infrastructure while maintaining a stable tax levy 3. To create a culture of continuous improvement by providing efficient and reliable government services 4. To adopt best practices into city processes to ensure the high-quality services are provided in an ever-changing environment 6 2. ORGANIZATION 2.01. Organization. The table below reflects the City Organization at the close of 2022. The biggest change to the city organization in 2022 was the decision to create a fire department and hire a fire chief. 2.02. Human Resources. 2.02.1. New Hires. 2022 saw a large number of personnel changes. Nine full time staff members were hired in 2022. Sixteen temporary seasonal staff members were hired, predominantly to support the golf course and brush site operations. Hired Fire Chief James Van Eyll to help implement our fire service/station for the city. Hired Kimberlee Linder as the Golf Course Club Manager. Laura Oakden was promoted to Community Development Director after Jeremy Barnhart left us. Colin Hennessy was promoted to Sergeant. 2.02.2. Years of Service Awards. 2022 saw Patrol Officer Jay Dembouski retire after 32 years of service and returned to work part-time. Employees Brandon Maurer, Anna Carlson, Brian Clark, Nola Dickhausen 7 and Laura Oakden met 5 years of service, Heather Gehlen and Jane Szczepanik met 10 years of service, Kelly McGregor and Fred Vargas met 15 years of service, Bradley Schoenherr met 20 years of service, Correy Farniok and Ron Olson met 25 years of service with the city. 2.02.3. Labor Agreements. All four collective bargaining agreements were renegotiated in 2022. All four were renegotiated for three-year terms. Key changes included 6-9% wage increases in year one with 3% in the outyears; adjustment to longevity pay and recognition of Juneteenth as an official holiday. The two police contracts also included an expanded step system for compensation and inclusion of select incentive pays for special duties / positions. One grievance was received from the Local 12 on vacation rates was files but is still working its way through the arbitration process. 2.02.4. Personnel Handbook. In 2022 staff undertook the process of updating the personnel handbook. It was the first significant update win 2011. The handbook governs personnel policies and procedures for city staff. 2.02.5. Safety Committee. The Orono Safety Committee continued to meet in 2022. The main charge of this committee is to review injuries on duty, and to determine if they could have been prevented and how they can be prevented in the future. The City renewed its contract for services with Safe- Assure to draft updated safety manuals and compliance documents, provide required and voluntary safety training, and to conduct building safety inspections. Required AWAIR, Right to Know, Blood borne Pathogen, Emergency Action Plans, and Ergonomics training was provided to all employees. 2.02.6. Cheers Committee. The Cheers Committee is charged with planning and executing city staff moral and welfare activities. Events this year included the Staff appreciation summer picnic, Staff recognition holiday party and the annual chili cook-off. The committee also developed logo’d apparel offering for staff. Of special note was the Staff Holiday luncheon and charity auction. Proceeds from the auction ($3119) were provided to a local family in need. Item 2020 2021 2022 Workers Comp Claims 2 3 3 Lost Days 34 17 65 8 3. ADMINISTRATIVE SERVICES 3.01. Overview. The Orono Administrative Services department is responsible for customer service, records, elections, recycling, organics, communications, administration and municipal services support. 3.02. Organization and Staff. The department includes 2 Full-time employees and 2 Seasonal/ Part time employees. The Municipal Services Support Representative and Management Assistant work together daily providing customer service to our visitors. 3.03. Customer Service & Municipal Support. The department provides service to visitors, staff, and contractors in person, online, and over the phone. The department also supports all departments as needed, handles administrative permits, schedules inspections, and handles communications to the public. A summary of administrative licenses and permits issued over the past few years is provided below: Task 2019 2020 2021 2022 Data Requests 50 55 34 34 Permits & Licenses Special Events 40 17 17 22 Tent 3 1 2 8 Gambling 2 1 5 3 Hauler 6 6 5 4 Kennel 3 6 6 4 Rental Renewals/new 45 22 17 22 Tobacco 6 6 6 8 Liquor 7 7 7 7 Merchant 21 1 1 1 Trapping/firearms NA NA 3 1 Hunting Permits 45 62 44 46 Lurton Dog Park Passes 537 512 857 799 Organics Participants NA NA NA 147 City Clerk: Anna Carlson Management Assistant: Nola Dickhausen Municipal Services Support Representative: Alicia Johnson Administrative Scan Clerks: Bonnie Kaster, Brian Torney, and TBD Customer Service Municipal Service Support Management Assistant • Customer Service & Municipal Support • Permits & Licensing • Payment Processing • Records Retention & Maintenance • Organics & Recycling Coordination • Elections • Communications • Records Retention & Management • Recycling & Organics Coordination • Website, social media, Citywide Communications • Assists Elections Administration • Coordinates Absentee Voting • Special Projects & Assignments • Management Team Support • Customer Service & Municipal Support 9 3.04. Records Retention & Management. The city’s records are kept in multiple formats such as paper, electronic, and microfilm. The department has been working on converting paper and microfilm to electronic format since 2015. The city’s goal is to make all permanent public records available to the public online 24 hours a day. Currently the options for visitors and staff to access microfilm files are through use of the microfilm machine or by identifying select files they wish to be scanned. During 2022 scanning staff has managed to convert over 170 property folders and several years of commission/council minutes, agendas, and packets of microfilm to electronic format, resulting in thousands of documents. This project is expected to last over the next three or more years. 3.05. Recycling & Organics. The recycling and organics programs are managed by the administrative services department. In 2021, Hennepin County Ordinance 13 required cities with a population less than 10,000 to provide curbside service or a drop-off location for residential organic recycling. Curbside service would create an additional cost to our residents, so the city has opted to provide a drop-off site to gauge participation and interest. Through feedback received from participants and monitoring the current program, the city has recognized the need for expansion. An additional organics drop off site is planned for 2023. Hennepin County offered grant opportunities for small business, schools, and cities in 2022. Orono submitted an application and was fully granted funds to construct an enclosed second site. Orono’s site will be located at the Navarre parking lot. Communications will include educational materials, blurbs, and messages sent out through social media and other communication routes. 3.06. Communications and Outreach. The city has made great improvements with communications and outreach. The department has implemented more ways of communications such as: monthly Orono Happenings Issues sent with utility bills, Orono Need to Know features, increased social media and email communications, and is currently working on a redesign of the homepage, and the addition of two individual department pages to highlight both the Parks/Golf Course and Police Departments. The statistics below show a considerable amount of growth in this area for Orono. This year we have sent out over 366 electronic email messages and delivered eight Orono Happenings issues to our Residents. 366 messages translates to 81,964 emails that have been sent out to subscribers of NotifyMe messaging system which was implemented in 2018. Of those 81,964 messages sent, 55,128 emails were opened by subscribers; more than double that were sent and opened in 2021 and triple sent in 2020. Eight Orono Happenings issues translates to over 19,000 copies sent to residents. Communication Interactions: The number of people who saw our posts (reach) and people who follow our social media pages. Communications Platform 2020 Viewers Reached 2020 Followers 2021 Viewers Reached 2021 Followers 2022 Viewers Reached 2022 Followers Website 102,909 132,909 221,955 Granicus 89,682 244,194 158,346 Facebook 2,696 11,647 596 35,967 665 10 Twitter 6,111 54 8,970 94 11,851 168 Instagram 19 5 NotifyMe: Electronic or email messages sent through the City’s Website Year Total Messages Sent Single emails Delivered Single emails Opened (Reach) Single emails Bounced (undeliverable) 2019 154 14,386 7,940 0 2020 176 25,875 14,096 0 2021 247 42,570 21,447 34 2022 364 81,964 55,128 37 11 Other Communications Delivered: Messages posted to the homepage of the website or sent out via mail. Task 2021 2022 Description Messages Displayed on the Utility Bill 12 36 Information Related to Billing Customers: Recycling charges explanation, UB Contact Information, etc. Utility Billing Insert/Flyer NA 7 2 Page Monthly newsletter/flyer: Community related information shared to residents with their Utility Bills 3.07. Elections. The administrative service department administers city, state, and federal elections for Orono residents during even years. In addition to administering elections, the department in responsible for recruitment, training, polling place procurement and boundary establishment, scheduling and balancing election judges for election day, Absentee Voting, Candidate filing, Oaths, and other Hennepin County and State directives. In 2022, the City was required to establish new precinct boundaries following the 2020 Census. This task resulted with the elimination of one precinct. Overall 2022 elections ran smoothly. The statistics for voters and election judge numbers for the 2022 elections are provided below. Totals Primary Absentee Primary Election General Absentee General Election Voters 187 931 1910 3109 Election Judges 10 52 10 56 Registered Voters at 7am NA 5440 NA 6425 Election Judges Trained 91 NA NA NA 12 4. FINANCE. 4.01. Overview. The Finance Department is tasked with administering all the financial activities of the City. It also oversees the City’s information systems. The City’s bond rating is a measure of the City’s overall tax base, debt management and fiscal strength. Since 2005 Orono has held a triple-A (Aaa) bond rating, the highest possible rating. 4.02. By the Numbers (Metrics). Area Measure Target 2021 2022 Debt Management Bond Rating Aaa Aaa Aaa Accounts Payable Number of Invoice Paid - 4165 4504 Number of Checks Issued - 2279 2535 Cash management Portfolio Invested 12/31 $ 15,347,458 $ 17,033,142 Payroll W2’s Issued - 95 98 Annual Audit # of Deficiencies noted 0 0 0 # of Findings 0 0 0 Compliance with regulations # of state deadlines not met 0 1 1 Utility Billing % billings done accurately 100% 99% 99+% # of billings - 32,618 32,839 Risk Management Workman’s Comp Premium Experience Factor <1.0 .73 .69 4.03. Organization and Staff. The department includes 4 Full-time employees: Finance Director, Accountant, IT technician and Resource Management Technician. 4.04. Budget. In 2022 the budget was prepared by the department in conjunction with a newly established budget committee. The additional input provided by the committee improved the 2023 budget process. The city was able to achieve the City Council goal of maintaining a level levy rate while providing the necessary resources to maintain our levels of service. 13 4.05. Annual Comprehensive Financial Report (ACFR). The annual audit is to provide assurance the financial statements are free of material misstatement. The auditor also considers the internal control relevant to the City’s preparation and fair presentation of the financial statements. There were no material weaknesses or significant deficiencies of internal controls identified in 2021. 4.06. Payroll. In 2022 payroll processing was brought back in-house. This has proven to be more efficient and less costly than outsourcing. 4.07. Utility Billing. The Resource Management Technician continues to work closely with Public Works staff to replace dead meters and identify leaks through monitoring monthly meter readings. During the summer’s drought, educational inserts included with monthly bills and data logging of meters helped residents better understand their usage and conserve water. The City also enrolled in a Hennepin County Energy Assistance Program (EAP) the provides residents with financial assistance to pay their utility bill. 4.08. Information and Communications Systems. The Information Systems Department provides information technology services for most functions of the City. During 2022 the City rolled out online training for both network security and respectful workplace. 14 5. COMMUNITY DEVELOPMENT 5.01. Overview. The Community Development Department is responsible for the review of building plans and the implementation of land use plans and policies of the City Council through administration of ordinances. The Department reviews permit and land use applications to ensure compliance with land use, setback, hardcover, floodplain management, and other City requirements. The department provides service and information to the general public, property owners, builders, and developers on all aspects of development and land use within Orono. 5.02. Organization and Staff. The department consists of 6 personnel: The community development director, two planners, a Building official, a building inspector and a planning assistant. In 2022 we added 2 new staff members to the department, including a new Community Development Director and Planner. 5.03. Department Activity Summary. YTD Year New Home New Home value + Total permits CE open CE closed Zoning Apps 2022 54 $ 53,352,900 1420 134 114 71 2021 48 $ 42,006,132 1430 112 110 76 2020 35 $ 24,172,400 1298 136 147 77 % of 2021 113% 127% 99% 120% 104% 93% % of 2020 154% 221% 109% 99% 78% 92% 5.04. Planning. In 2022, we granted final plat approval to Long Bridge Development which created 2 new lots. We completed a Site Plan Review for a new commercial office building in the Navarre area. As a department, we adopted 7 new text amendments and began the recodification process of the City Code. We hope to adopt the recodification changes in 2023. One of the more impactful text amendments this year was adopting Accessory Dwelling Units as an accessory use in the residential zoning districts. 2022 Total Land Use Applications Variances CUPs Text Amendments Subdivision (Sketches, Prelim Plat, Final Plat, Exemptions) Other 71 35 6 9 13 8 15 5.05. Building. The Building Department ensures the health, safety, and welfare of the citizens and visitors of Orono through reviewing both residential and commercial construction plans and inspecting new construction to ensure compliance with State Building and Construction codes. Measure 2022 Target 2020 2021 2022 Building permit Revenue $475,000 $357,672 $ 486,179 $ 591,261 Number of Permits issued 1298 1430 1420 Number of Inspections 3076 2986 2808 5.06. Code Enforcement. In 2022, 134 cases were filed. The department performed 101 code enforcement specific inspections regarding complaints, any inspections on complaints associated with active project were completed as part of an open building permit. 15 complaints were sent to other departments. 2 unique cases were sent to the city attorney, both of the cases were resolved after being sent to the City Attorney. 16 6. PARKS 6.01. Overview. The City of Orono features over 260 acres of maintained parks, trails, and open space. There are twenty-one parks that range from small pocket parks, an off-leash dog park, and even a nine-hole golf course. As of September 2021, the City of Orono now maintains the parks system for Spring Park. The Parks department is small and consists of two full-time employees. Parks once operated under Public Works and has recently evolved into its own department. 6.02. By the Numbers (Metrics). The Bederwood soccer field was extremely busy this summer and held up well through all the play. Reservations for the Bederwood baseball field remain low. The Susan E. Lurton Nature and Off Leash Dog Park continues to grow in popularity. 2021 and 2022 both saw large increases from the previous four years. From 2017-2020, pass purchases averaged 517 a year. 787 annual passes were purchased for the 2021 season and 799 annual passes were purchased in 2022. The parking lot is almost always at capacity with some vehicles parked even along the shoulder of the road. The Park Commission and City Council have met to discuss the issues related to parking pass enforcement 6.03. Organization and Staff. The Parks Department has continued to grow in 2022. Kim Linder is the new Golf Course Clubhouse Manager. Kim has done an amazing job managing the course and increasing the number of patrons to the course. Rick Mielke was hired as a full-time Parks Maintenance employee. Rick was added to staff towards the end of the year. We look forward to the contributions Rick will make to the City of Orono parks. Bederwood Park Reservations Hackberry Park Reservations Month Baseball Field Soccer Field Month North Field South Field January January February February March March April 30 April 25 25 May 1 31 May 27 27 June 42 June 26 26 July 1 5 July August 1 17 August 5 3 September 30 September 16 12 October 25 October 4 2 November November December December 17 6.04. Parks and Trails. 6.04.1. Turf Maintenance. The parks mowing has been contracted out annually. The city has contracted Kelly Shaughnessy for parks mowing and is entering into the final year of the contract. Kelly is responsible for the mowing of all of the parks except for the golf course. Herbicide, fungicide, and fertilizer applications are done through Pro Lawn. The Parks Department does apply herbicide spot treatments in the parks on occasion. The new grass type that was planted in the fall of 2021 at Hackberry Park and Bederwood Park did well through another drought year. Weeds become more of a nuisance during drought conditions due to their ability to thrive in times of drought. The more drought-resistant grasses that can be planted in parks, the better the ability to choke out weeds with grass density. Staff will continue to push turf condition improvements in parks. 6.04.2. Park Improvements. Crystal Bay Playground received some new equipment additions in 2022 and some of the remaining pieces were restored and repainted to match the new equipment. In addition to the new equipment, concrete curbing has replaced the worn-out plastic edging and wood fiber has replaced the pea gravel for the base. Because the project did not occur until autumn, the turf restoration will not be completed until spring 2023. 18 6.05. Golf Course Operations. The rounds of golf continue to increase. The largest areas of growth that the golf course saw was in junior rounds and season pass rounds. There were over 12,400 rounds of golf played in the 2021 season and 14,627 in the 2022 season. While the additional rounds of golf pushed revenue higher than projected, it also increased the expenditures. The total net revenue over expenditures came out to $44,265.43. For the last three years, Minnesota has been experiencing a drought. The lack of natural rainfall has created some issues on the course. The golf course is irrigated but not in its entirety. Irrigation is meant to be supplemental, not the main source of water for a golf course. The rough has a harder time bouncing back in drought conditions because of the extra cart usage. Parks staff will be re-building the irrigation controllers over the winter which will allow for a more reliable service. Several pieces of golf course equipment required major repairs during the season due to the age and use of the equipment. The tee mower was supposed to be replaced in the 2022 season has been delayed because of inventory shortages, hopefully the unit will be delivered spring of 2023. The rough mower is also due for replacement in 2023. The other pieces of equipment are in good working condition. Golf Course Revenues 2017 2018 2019 2020 2021 2022 Green Fees $124,952.64 $109,791.57 $113,824.68 $246,026.24 $252,577.16 $240,372.36 Rental – Golf Carts & Clubs $49,972.00 $47,690.50 $48,574.00 $85,924.86 $101,383.11 $103,678.33 Alcohol Sales $9,703.50 $10,152.00 $9,433.00 $12,066.89 $16,159.11 $20,686.46 Concessions – Taxable $6,072.00 $4,983.00 $5,631.50 $5,163.29 $9,048.63 $11,561.61 Golf Ball Sales $11.00 $0.00 $1,973.00 $1,824.28 $4,139.25 $4,398.37 Pro Shop – Taxable $2,681.00 $2,075.00 $1,246.75 $1,249.07 $584.41 $422.17 Pro-Shop – Nontaxable $303.00 $277.00 $137.00 $854.97 $1,330.00 $1,146.13 Other Golf Course Receipts $1,774.55 $590.54 $0.00 $0.00 $0.00 $0.00 Total $195,469.69 $175,559.61 $180,819.93 $353,109.60 $385,221.67 $382,265.43 19 6.06. Events A Golfer Appreciation/Oktoberfest event was held at the Orono Public Golf Course on October 1st, 2022. On December 3rd, the golf course hosted the 4th Annual Tree Lighting Event. It was a great turnout despite the cold weather. The community enjoyed brats, hot dogs, hot drinks, and S’mores. Even Santa was able to make an appearance! An amazing fireworks display closed the evening. A big thank you to all the donors that made this event possible. North Mallow Lunds & Byerlys Holiday/Circle K Dennis & Amanda Walsh Orono Lions Orono Police Department Otten Bros. Bob & Lisa Erickson Pfeffer's Meat Long Lake Fire Department Orono School District Ben & Heather Goodwin Culvers Kottemann Orthodontics Westonka Animal Hospital Paul Kubista THANK YOU TO THE 2022 TREE LIGHTING SPONSORS! 20 7. PUBLIC WORKS. 7.01. Overview. The public works department is responsible for the maintenance of the city’s infrastructure including streets, stormwater, water, sanitary sewer and fleet. In addition, the department provides several community services, including the brush site and clean up days. The department also provides service via contract for operational maintenance services of Water, Sanitary Sewer, Stormwater, and Parks, Streets (minus snow removal) for the City of Spring Park. A summary of Orono work effort in 2022 in the form of tasks completed broken down into key areas is listed below. ** The addition of the mechanic position led to the increase in equipment tasks that we were able to complete. 7.02. Organization and Staff. To accomplish the Public Works mission we have a small, but dedicated team of full time, part time and seasonal employees. Public works has a staff of 12 full time employees, plus seasonal positions during the summer. The newly added mechanic position focuses on the maintenance of our fleet and ensuring equipment is working properly for use throughout the city. We also added an administrative assistant to provide support for both Public Works and Parks. We had one employee resign and one was promoted to the added mechanic position. Two new hires this year replaced the resigned and promoted workers. 7.03. Streets. The department’s goal is to preserve and improve the city transportation system providing safe and reliable roadways for our residents, integrated with county and state systems in a way that is fiscally and environmentally responsible. The city maintains 57 miles of public streets; 1456 street signs, 3 bridges, 10 guardrails, 125,000 feet of pavement marking and 64 city owned street lights. Department 2020 2021 2022 Equipment 192 173 531** Sanitary 3290 3098 3546 Water 1364 959 2562 Streets 1034 771 1302 Stormwater 155 125 210 Completed Tasks 6035 5126 8151 426 Repair 21 7.03.1. By the Numbers (Metrics) *2022 Snow and salt calculations are based on 2021-2022 winter season. 7.03.2. Key Activities. In addition to the normal streets maintenance activities the department put up holiday decorations consisting of flags, banners and lighted decorations are put on our street lights to display holiday cheer, show support to our community, and honor our veterans. 7.04. Stormwater Maintenance. The department’s goal is to protect property and the natural environment from the effects of flooding and pollution through proactive maintenance of the stormwater drainage system. The city maintains and extensive stormwater system consisting of 598 culverts & Storm Pipes, 11 outfalls, 433 catch basins and 16 storm ponds. Strategy Measure Target 2021 2022 Focus efforts and resources on preventive maintenance in order to maximize the longevity of the pavement. React to maintenance issues. Average PCI Rating 80+ 79.9 78.5 Ton of Asphalt used in Patching Decreasing trend ↘ 74.5 73.1 Feet of Crack Sealing 25000 31000 20408 Miles Overlaid 2.5 1.25 3.4 Miles Reconstructed (includes reclaims) 1 .65 0.50 Signs Inspected 100% of Maintenance District 269 315 Execute City Street Sign Policy to replace worn or damaged guide, warning, & regulatory signs. Signs Replaced 60 62 21 Signs Reduced As many as possible 9 0 Execute City Snow and Ice Policy Number of Snow and Ice Events NA 13 17 Reduce chlorides used through adoption of snow and Ice best practices Tons of salt per mile per event 0.25 1.82 .26 Gallons of Brine Pretreat per mile per event 50 10 10.2 22 7.04.1. By the Numbers (Metrics). 7.04.2. Key Activities. The storm culvert on Tamarack Drive was replaced in November of this year. Various ditching projects also occurred though the summer and fall to improve drainage in areas of the city. 7.05. Sanitary Sewer Maintenance. The department’s goal is to provide a safe and efficient sanitary sewer collection system. The sanitary sewer system consists of 329,728 feet of sewer main, 1238 Manholes, 46 Lift Stations, 18 Backup Generators serving 2253 customers. 7.05.1. By the Numbers (Metrics). Strategy Measure Target 2021 2022 Decrease the risk of flooding for facilities # of structures flooded 0 0 0 Reduce pollutants from entering the stormwater system and surface water bodies through street sweeping. Cubic Yards of sweepings removed from city streets Increasing trend ↗ 23 38.9 Pounds of phosphorus removed Increasing trend ↗ ~11.5 ~19.4 Proactively maintain the system by inspecting 1/5 of the system each year and using those inspections to inform maintenance activities. Number of Structures inspected 100% of Maintenance Area 91 71 Number of structures replaced or repaired As needed 1 3 # Of ponds Inspected 100% of Maintenance Area 4 4 Strategy Measure Target 2021 2022 Clean and Inspect all city sewers at least every five years to identify area requiring maintenance or possible I&I locations to drive sanitary rehabilitation projects. Feet of sewer main cleaned/televised/ inspected 100% of maintenance Area 37,303 45,345 Number of sewer Backups 0 2 0 Number of I&I Exceedances 0 0 0 Inspect all of the City’s lift stations annually and rehabilitate 2 per year Lift Stations inspected 46 46 46 Lift Stations rehabilitated 2 2 2 Inspect all new Sewer Connection for compliance with CEAM standards Number of sewer service installation inspections 100% 52 57 Reduce I&I though inspect and require repairs to sanitary sewer Services Point of Sale Sewer Inspection 97 79 Issues Identified 14 25 Correction made 13 20 23 7.05.2. Key Activities. In the second year of the City’s Point of Sale Inspection Program, Public Works staff completed 79 Point of Sale inspections. Data from this year indicated that 32% of lines inspected required some kind of repair. 7.06. Water System Operations. The department’s goal is to provide safe and reliable drinking water that meets federal and state water quality requirements. The municipal Water system consists of 125,637.5 feet of water main, 4 wells, 2 water towers, 293 hydrants, 362 valves serving 1159 customers. 7.06.1. By the Numbers (Metrics). 7.06.2. Key Activities. The City performs an annual leak survey to detect potential leak areas. In the 2022, 243 hydrants were surveyed in Orono. Five leaks were detected in the survey. Four of these were repaired and one is still active and being investigated. 7.07. Services. The public works manages several public service activities and events. They include the City Brush site, leaf and grass clippings drop off, mulch and compost issue, spring and fall cleanup days and Holiday tree drop off. 7.07.1. By the Numbers (Metrics). *2022 Records of visits data was unavailable Strategy Measure Target 2021 2022 Proactively maintain the system through inspections and exercising hydrants and valves. Number of water main breaks 0 5 4 Hydrants flushed 293 1 325 Valves exercised 308 5 412 Water Services inspected All new 15 36 Ensure wells, plants and storage is reliable and functioning efficiently Gallons pumped As needed 152M 156M Gallons of Unaccounted water <10% 4% 9.9% Strategy Measure 2021 2022 Spring and Fall Clean up Days Residents served 455 297 Material Collected: Used Bicycles 151 76 Material Collected Appliances 277 196 Brush site Residents served 2970 ERROR* Cubic Yards of Wood chips 7060 4200 Much and Wood Chip issue point Cubic Yards of Mulch ~ 200 225 Cubic Yards of Wood chips ~ 350 400 24 7.07.2. Key Activities. During the Spring and fall cleanup we collendted and number of bikes weighing in at about 1,900 pounds, but more importantly, keeping these bikes on the road reduces the need to manufacture new bicycles which saves the world from approximately 14,000 pounds of carbon dioxide pollution and other greenhouse gasses CO2. The city added a vendor for wheel chair recylcing for the fall event with 1 chair collected. 8. ENGINEERING. 8.01. Introduction. The City Engineer is responsible for all public engineering and construction projects within the City of Orono. Key areas of responsibility include: Construction; Development of the Capital Improvement Plan (street, sanitary sewer, water main, storm sewer, bridge, and trail improvements); Grading Permit/plan review; Infrastructure Review of proposed Developments; Management of infrastructure; Planning; Project Development; Right of Way Management; and Surface Water Resource Management. 8.02. Organization and Staff. The engineering staff consists of the City Engineer and a contract for engineering services with Bolton and Menk, Inc. 8.03. Project Management. Efficiently manage the design and construction of city projects. The table includes large capital projects undertaken or completed in 2022. ID Name Project Description Status 21-001 2021 Streets This project includes the reconstruction, reclamation or Mill and overlay of the following streets: East Navarre Roads (Kenwood, Olive, Lafayette Ridge, Bayview, Navarre Ln,); West Navarre Roads (Crystal Place, Lyric, Blaine); Eileen; Park Lane & Elm Street and Casco Circle The project was substantially completed in 2021. The contactor will complete restoration and punch list items in the spring of 2022. Project is on track to be under budget. 21-039 New Public Works Facility The project includes the procurement of a site, design, site preparation, utility extension and construction new Public Works Facility. Design, bidding and award were completed in 2022. Initial site work was started in late 2022 with the bulk of the construction on track to be completed in 20223 and 2024. 21-040 Navarre Municipal Parking Lot Improvements Originally initiated as pavement rehabilitation and striping project, the work now includes a redesign of the lot layout including new stormwater infrastructure, new pavement, a new traffic pattern and new lighting. A feasibility study and design work were completed in 2022. The project is now slated for construction in 2023. 25 22-001 2022 Streets Project This project includes the reconstruction, reclamation or Mill and overlay of the following streets: County club and Lakeview Terrace, Kelly Parkway, Dickenson, West Lake, Orono Lane, Park, Oak and Linden Aves, Crystal Bay Roads (Arbor, Prospect, Spates, Lakeview), High Lane, Chippewa, Fairview Cottage, Highwood, and Dakota The project was substantially completed in 2022. Final restoration will occur in 2023. The project is on track to be under budget. 22-014 Sanitary sewer rehabilitation Project This Sanitary Sewer Rehabilitation project will consist of Cured in Place Pipe (CIPP) lining of infiltration susceptible sanitary sewer pipes, manhole reconstruction, and lid replacement. The purpose of the project is to reduce Inflow and Infiltration (I&I) into the Sanitary sewer systems and extend the life to the existing pipes. The lining process creates and new durable pipe within the older pipe at a much- reduced cost from open curing or directionally drilling in order to replace the older pipe. The project was completed on time and on budget. 22-023 Watermain replacement Project This project includes the replacement of the water main along CSAH 19 south of CSAH 15. Project is substantially complete. Final vegetation restoration will occur in early summer 2023. 22-028 North Shore Ravine Stabilization Project The project consists stabilizing a ravine with in the lake access between 4745 and 4731 North Shore Dr. Project is substantially complete. Final vegetation restoration will occur in early summer 2023. 22-029 SWPPP Update The project consists of updating the City’s Surface Water Pollution Prevention Plan (SWPPP) to comply with the most recent MS4 permit. The project is on track to be complete in early 2023. 22-055 Summit Beach Master Plan This last-minute project included the develop of a master plan for the park and include consultant led community outreach Project is complete. 22-056 Public Works Facility Future Use Study This study looked at the potential future uses for the Existing Public Works Facility once the new facility is completed. The two uses considered were as a fire station or an indoor recreation center. Study is complete. 22-059 Golf Course Improvements Feasibility Study This study looked at the feasibility of constructing pickleball courts and an ice rink at the golf course. It also reevaluated and provided cost estimates for parking lot Study is complete. 26 repaving, construction of a gas fire pit and construction of a picnic shelter. 22-060 4041 N Shore Dr. Sanitary sewer relocations This resident-initiated project includes the rerouting of the Sanitary sewer main as it crosses 4041 N. Shore Drive. Project is completed. No cost to City. 8.04. Support to Staff Departments. Provide support to the Planning and Zoning department through review of grading plans and development plans. Strategy Measure Target 2020 2021 2022 Complete Grading Reviews Number of building permit Grading reviews completed 100% of those required 390 244 293 2022 Street Project Kelley Parkway Asphalt Reclaim Water Main Replacement 27 9. POLICE DEPARTMENT. 1 Mission Statement “The members of the Orono Police Department are committed to providing the highest quality policing through fairness, service and pride. To foster this ideal, we promise to work in parternship with the communities we serve. ORONO POLICE Email: pdwebpolice@ci.orono.mn.us Website: www.oronopolice.org Facebook.com/oronopolicedepartment Or Twitter@policeorono Non-Emergency: 952-258-5321 Administration: 952-249-4700 2730 Kelley Parkway, Orono, MN 55356 ORONO POLICE DEPARTMENT 2022 ANNUAL REPORT 2 Message We are pleased to present the Orono Police Department’s 2022 Annual Report. Our department is proud to serve the communities of Mound, Minnetonka Beach, Orono and Spring Park. We cover approximately 28 square miles of land and serve over 20,000 citizens. We value our community relationships and strive to provide the highest level of professionalism and compassion to every contact we have. This report will encompass our community outreach programs, police services as well as crime trends and other activity throughout our jurisdiction. Table of Contents Community Outreach Crime and Activity Reporting National Night Out Activity Summary Firearm Safety Group A Crimes Visit with Santa Statistical Analysis Comparison Polar Plunge Supplemental Reporting Call Volume Summary Police Programs Explorers Investigations Summary Reserves D.A.R.E West Metro Drug Task Force Unmanned Aerial Vehicles (UAV) Program Embedded Social Worker Personnel On behalf of all of our staff members, thank you for your continued support and we look forward to serving you in the New Year. 3 Community Outreach National Night Out National Night Out 2022 was a fantastic time to bring our community and public safety together. We had 31 neighborhood gatherings each led by a host who helped organize each party. The police and fire departments joined each one. This was a great way to meet people in our community. We had eight police officers as well as police reserve officers and a community service officer who joined together to be at each neighborhood. We want to thank everyone who joined in on this incredible community event. We look forward to this event every year as it really is a special way to meet all of you. 4 Firearm Safety For the fourth year now, the Orono Police have hosted a DNR Firearm Safety course for youths in our community. Instructors from Orono PD partnered with the MN DNR and Chunks Automotive Service to provide a new generation with a complete safety course. Students ages 11 and older attended a classroom-based firearms certification course where they learned how to handle firearms safely, responsibilities of a hunter and wildlife conservation. They participated in a Field Day where they exercised their knowledge in scenario- based training. Each student finished the course with a final exam and received a firearms safety certificate. The class was filled with great students again this year. Special Olympics Polar Plunge Once again, the Orono Police Department, city councilmembers, and other friends and family formed a team to support the fundraiser for the Special Olympics. The team raised $5820.00 in 2022, an increase from 2021 when they raised $3736.00 (approx.). The team jumped in the freezing waters of Lake Minnetonka in January of 2022. Thanks to this brave team, thousands of athletes across the State will receive these funds raised. 5 Police Programs Explorers On April 22, 2022, the 47th Annual MN Explorers Conference Award Banquet was held. This was the first time back after the program had been cancelled for two years due to Covid. It was a great banquet and a great honor as the Orono Police Department Explorers received multiple different awards. This year at the conference, three explorers were sent to the conference and competition. Explorers Sam, Alex and Caden did a fantastic job. They brought home five awards, including a 1st place, 2nd place, two 3rd place and a 5th place trophy. They were more than 40 agencies represented and more than 350 explorers. Sam also received two scholarships and our long-time Explorer Advisor Jane Szczepanik received the 2022 Advisor of the Year Award. We done to all of them as it was very well deserved. Officers Mike Fournier and Trey Wiebusch also played vital roles and advisors. Congratulations on a great year! Police Reserves The Orono Police Reserves were busy once again. They worked many regular events such as Tour De Tonka, football games, Orono High School graduation, Polar Plunge, Holiday Train, Orono Tree Lighting, Gear West Half Marathon, Long Lake Fire 5k, Excelsior 4th of July Fireworks, Orono High School parade, training the Orono Police Explorers, and many more events around the Lake Minnetonka area and Hennepin County. Reserve Sgt. Ed Rundle retired and moved to the Nebraska. Ed usually volunteered 500 to 1,000 hours every year, he will be greatly missed. Reserve Carver Christianson has also retired due to being hired by the Mankato Police Department as a police officer. We currently have 10 members that range from college students to business owners. career opportunities ∙ life skills ∙ service learning ∙ character education ∙ leadership experience 6 D.A.R.E In 2022, Officer Sturm taught over 178 6th graders at Grandview Middle School. He also taught over 15 5th and 6th graders at Our Lady of the Lake and all of the 3rd grade students at Shirley Hills Primary. The 6th grade students covered 10 lessons while the 3rd and 5th grade students have 5 lessons. This was Officer Sturm’s last year or teaching DARE in the Mound Westonka School District. Thank you Officer Sturm! Embedded Social Worker Hennepin County established a new program in 2019 to have an embedded social worker amongst officers in police departments throughout the County. In 2022, Orono, along with 6 other local departments joined this program. The goal is to connect individuals that may be experiencing homelessness, mental health situations, and/or substance abuse issues with a social worker that can provide ongoing support, resources and appropriate services. Officers can provide referrals to the social worker when they are concerned about a citizen’s situation and ongoing care. Since the inception of the program with the Orono Police Department in May of 2022, 72 cases were referred to the social worker last year. Positive impacts have been made from both the law enforcement system side and those that are experiencing these health concerns. 2020-2021 15 workers 2019 5 workers 2022 31 workers 2023 45 workers Embedded Social Worker Expansion within Hennepin County 7 Unmanned Aerial Vehicles (UAV) Program This program was developed in 2020. The UAV’s provide us with better capabilities when searching an area for a lost or missing person along with a larger safety margin when dealing with critical incidents. The UAV was deployed without a search warrant 30 times in 2022. The reasons for a UAV deployment without a search warrant allowed by statute are provided below: Reason Code Reason 1 During or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person 2 Over a public event where there is a heightened risk to the safety of participants by bystanders 3 To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk 4 To prevent the loss of life and property in natural or man-made disasters and to facilitate operational planning, rescue, and recovery operations in the aftermath of these disasters 5 To conduct a threat assessment in anticipation of a specific event 6 To collect information from a public area if there is reasonable suspicion of criminal activity 7 To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road 8 Over a public area for officer training or public relations purposes 9 For purposes unrelated to law enforcement at the request of government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use The date of deployment and the reason code are required to be submitted to the BCA UCA Data Collecting Unit each year. The following are the number of times and the reason code for each deployment reported by our agency in 2022: Reason Code Number of Deployments 1 3 8 27 **All other reason codes = 0 8 High School Forensics Day The Orono High School offers a forensics class to their students. In this class, the students conduct multiple labs relating to forensic science that routinely occurs in law enforcement. The Orono Police Department has hosted a Forensics Day class for the past several years. The day includes sessions from the Hennepin County Medical Examiner’s Office, and multiple interactive stations and scenario based incidents where the students play the role as police officers and interact with role players. They conduct traffic stops, with scenarios that officers encounter daily, including compliant drivers and drivers that need to be arrested. At another station, students can see, feel and try on different police equipment, including SWAT gear. Forensics Day is always a hit with the students. 9 Lake Minnetonka SWAT The Lake Minnetonka SWAT team had a busy year with training. The team had one call out with the potential of a couple others. The call out started with a father/son dispute where the father was possibly stabbed with a knife where he was found in the yard bleeding from the neck. The mother fled the house and informed the neighbors that her son was in the house with a knife. The SWAT team was called in. The team attempted to make contact with the son using a negotiator but were unsuccessful. The team made entry and found the male sleeping in the bedroom in the upstairs of the house. The father ultimately died from his injuries. The team had the following training: • MRAP driving both on-road and off-road • Building searches using threshold assessments • Officer Tim Wessels of the Orono Police Department conducted medical training relating to SWAT • New rails were installed on the sides of the MRAP, so they worked on riding and deploying from them • Practiced officer/victim rescues • Scenario-based training at Camp Teko in Orono involving an encampment • Scenario-based training in Minnetrista involving a drive-by shooting, hostage rescue and mental health issues • Firearms training at the Delano Gun Club. Officers needed to qualify, as well as do different drills to get better at shooting from different body positions • Camp Ripley • Searching interiors and scenario-based training in Maple Plain The team also conducted two fitness tests throughout the year where each operator needed to do 40 consecutive pushups, 45 sit-ups in a minute, 1:30 minute plank, 50- yard dummy drag and a mile run in under 9 minutes and 15 seconds. One of the highlights of 2022 was hosting the Minnesota Tactical Officer Association Conference at Camp Ripley for approximately 10 metro SWAT teams. This included coming up with a fitness challenge, as well as creating and executing scenario-based training. A lot of work went into this training that started in November of 2021. 10 Crime and Activity Reporting Activity Summary 280 Investigative Cases 76 Theft Cases 55 Assaults 220 Department Arrests 29 Fraud/Forgery 15 Criminal Sexual Conduct 29 Death Investigations 11 Motor Vehicle Thefts 0 CVO (0 resulting in death) 11 Referred Vulnerable Adult Cases 26 Burglary Cases 0 Arson 150 Handgun Permit to Purchase 1 Robbery Case 1 Homicide 0 5 10 15 20 25 30 35 Homicide Rape Robbery Agg Assault Burglary Theft MV Theft Arson Part I / Group A Crimes Mound Orono Spring Park Mtka Beach Group A crimes reflect information on eight “serious” crime classifications. They consist of violent and property crimes. The data is submitted to the FBI for Uniform Crime Reporting. 11 Statistical Analysis Comparison of 2021 and 2022 Part I – Group A Crimes 2021 2022 % Change Homicide 0 1 100% Rape 10 4 -60% Robbery 1 1 0% Aggravated Assault 7 15 53% Burglary 13 26 50% Theft 111 68 -39% Motor Vehicle Theft 17 11 -35% Arson 1 0 -100% Total 160 126 -21% Supplemental Reporting Reported as a pursuit by a peace officer of a fleeing suspect in a motor vehicle. Pursuits 2020 2021 2022 1 6 5 Day of Week Call Volume Summary Day of the Week Priority 1 2 3 4 5 Total Sunday 858 96 1131 131 0 2216 Monday 951 92 1277 182 0 2502 Tuesday 839 87 1127 247 0 2300 Wednesday 803 81 1362 272 0 2518 Thursday 878 75 1090 234 0 2277 Friday 937 100 1811 222 0 3070 Saturday 1051 70 1671 139 0 2931 Total 6317 601 9469 1427 0 17814 The Orono Police Department was dispatched a total of 17,814 calls in 2022. The average highest call volume day of the week is Friday. 12 Investigation Summary Homicide Victim, a 6-year-old juvenile male, was killed by the suspect who was the victim’s mother. The suspect was arrested and charged with 2nd degree murder. The case went to a Grand Jury trial where the jury determined that enough evidence was presented to indict for 1st degree premeditated murder. The case was then scheduled for 2023. **Update, at the time of this publication, a jury found the suspect guilty of 1st degree premeditated murder and 2nd degree murder. She was sentenced to life in prison without the possibility of parole. Burglary (Occupied Dwelling) Officers received a call of an unknown make party that had forced entry into a house and fired a handgun inside the kitchen of the residence. Officers located the suspect, who fit the description from the homeowners, and he was taken into custody without incident. A loaded handgun was found in the jacket pocket of the suspect. He was charged with 1st Degree Burglary, Threats of Violence, Reckless Discharge of a Firearm and Carrying a Pistol w/out a Permit. He pled to the counts of 1st Degree Burglary and 2nd Degree Assault with a Dangerous Weapon and sentenced to 41 months in prison. Stolen / Recovered Motor Vehicles Officers responded to call of a motor vehicle theft. An auto mechanic kept a truck for two months and drove it around without fixing it. He claimed he was driving it for two months to figure out what was wrong with it, even though the owner had told him what was wrong and supplied the replacement parts. He was charged with motor vehicle theft. Officers also recovered several stolen vehicles throughout the year. In two separate instances, the drivers were arrested and charged with felony narcotics and possession of stolen property. 13 Theft A victim reported that his vehicle was broken into while at the Orono Ice Arena. His backpack was stolen, along with the contents that included credit cards, identification, $200, and a black Hellcat 9 mm handgun with the holster and a full magazine. The suspect(s) subsequently attempted to use the credit cards at various locations. The firearm was eventually recovered by the Saint Paul Police Department. SPPD reported that the handgun was found in the street nearby an abandoned vehicle that was found to be stolen. A suspect was identified in this incident and Orono investigators assisted three other metro area agencies with the same suspect in theft from motor vehicles, liquor store and liquor store walk-outs. Charges are pending and it remains an open investigation. Criminal Sexual Conduct Orono Police took a report of criminal sexual conduct in which a male attempted to sexually assault his girlfriend and he threw a lamp at her and chased neighbors down the hall with it. He was charged with 3rd Degree Criminal Sexual Conduct and domestic assault. The case was referred to the Hennepin County Attorney’s Office. A juvenile female reported that she had been sexually assaulted by her father on numerous occasions. Investigators had the juvenile meet with an interviewer from Cornerhouse. Through the investigation, it was determined that sexual assault had taken place and the case was forwarded to the Hennepin County Attorney’s Office. Another juvenile female reported of being sexually assaulted by her former boyfriend throughout their dating relationship. The case was submitted to the Hennepin County Attorney’s Office for review of 4th Degree CSC charges. Assault A domestic argument led to a confrontation between two male parties. The male resident of the home retrieved his handgun from the basement. A short time later, a physical altercation occurred and the gun went off, striking the other male in the head. EMS as well as the Orono Police responded, provided medical aid and the male victim was taken to the hospital. The male survived but underwent surgery and will have life- altering injuries. The case was sent to the Hennepin County Attorney’s Office for charging. 14 A neighbor dispute occurred and resulted in a neighbor stabbing the other neighbor. A charge of 2nd Degree Assault was sent to the Hennepin County Attorney’s Office but was dismissed and charged by the city attorney for Disorderly Conduct. Drug Overdose Orono officers responded to six drug overdoses in 2022, all of which were non-fatal. The overdoses involved the drugs fentanyl, methamphetamine and prescription drugs. In Hennepin County, a new tool was created in the fight against overdoses. Agencies have access to a mapping tool where they can submit overdoses cases and tracking can be done more accurately. 2022 Submissions Fatal No Naloxone Fatal Single Dose Fatal Multi Dose Fatal Unknown No-Fatal No Naloxone Non- Fatal Single Dose Non- Fatal Multiple Non- Fatal Unkown 200 4 47 64 241 128 746 1865 15 West Metro Drug Task Force Collaborative Partnership The West Metro Drug Task Force (WMDTF) is a multi-agency coordination of drug enforcement in our communities. They work to reduce the supply of illegal narcotics and curb the criminal activity that is associated with drug abuse. The WMDTF is comprised of officers, deputies and sergeants from the Orono Police Department, Medina Police Department, Minnetrista Public Safety, West Hennepin Public Safety and the Hennepin County Sheriff’s Office. 2022 Statistics The WMDTF had another successful year in seizing large quantities of illegal narcotics and confiscating guns and removing them from the streets in our communities. New to this report, is the amount of US Currency that was seized from the illegal sale of narcotics. Search Warrants…………........................ 82 Arrests……………………............................ 50 Charges…………………………………………..… 38 Indictments………………………………………… 4 Guns...………………………………………......... 67 Meth…………………………………….….. 93.5 lbs Cocaine…………………………..………... 71.5 lbs Fentanyl…………………………....…………. 336 g Marijuana……………………………..... 216.5 lbs US Currency……………………….…… $350,000 16 Personnel Changes New Officers Brayden Sherman came to us with prior experience from the Foley PD as a part-time officer and the Benton County Sheriff’s Office as a Court Deputy. He has a criminal justice degree from Hennepin Technical College. He joined the Orono Police department in April of 2022. Cory Slipka joined our department in June of 2022. His prior experience included the Foley PD as a part-time officer and the Brooklyn Park Fire Department from 2001 to 2016, where he earned the rank of Training Captain. Slipka has a criminal justice degree from Hennepin Technical College. Retirements / Departures Zach Hway retired from the Orono Police Department in May of 2022 after nearly four years of serving as a police officer to our agency. He was a field training officer and also a UAV operator. Zach was a very knowledgeable asset to our department and will really be missed. Jami Wittke retired from the Orono Police Department in March of 2022 after serving just over 9 years of service in the positions of police officer, investigator, as well as being a training coordinator, a Field Training Officer and on our DART team. Prior to joining OPD, Officer Wittke worked for the Mound Police Department from 1999 – 2013, where she also worked as a police officer, investigator, school resource officer and with the West Metro Drug Task Force. Officer Wittke retired with 23 years 17 of police service. Wittke was a hard worker, very knowledgeable, a friend to all and she will be greatly missed. We wish her all the best in her retirement. Tim Wessels had come to the Orono Police Department as a part-time police officer with prior experience as a full-time firefighter and paramedic for the Oakdale Fire Department. He also previously worked for the Washington County Sheriff’s Office. Wessels accepted a full-time police officer position with the Oakdale Police Department. Tim was a great addition to our patrol division and department and will also be greatly missed. His last day was in November of 2022. Mike Wocken retired from the Orono Police in August of 2022. Wocken was hired as a full-time community service Officer with Orono in February of 2016. Prior to his service to Orono, he was with the Mound Police Department. Mike brought a wealth of knowledge and was a jack-of all- trades. He coordinated our squad car fleet, handled the animal control for each city we serve, took care of all our equipment maintenance, assisted officers on calls including accidents, just to name a few things. He was always willing to help out wherever he was needed. He will also be dearly missed. AGENDA ITEM Prepared By: Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to gain Council approval of the Joint Powers Agreement (JPA) with the Cities of Medina and Independence for a road maintenance project on Town Line Road. 2. Background. Town Line Road is a shared roadway. Orono owns the east side from the centerline from County Road 6 down to our northern boundary, Independence owns the west side from the centerline and Medina owns the east side from the centerline north of the Orono Boundary. Medina has agreed to manage the project. 3. Project Scope. The project consists of reclamation of the asphalt pavement for the roadway and attached trail. See attached Feasibility Report (Exhibit A). 4. Cost. Medina received quotes. The total estimated cost of the project is $351,998.59. The portion Orono is responsible for is $117,332.86. 5. Funding. The project will be funded from the pavement fund. 6. JPA Summary. The JPA is attached (Exhibit B). Key points include: The City of Medina will provide overall management of the project; Project costs will be split evenly between the three cities. 7. Staff Recommendation. Staff recommends approval of the attached agreement and moving forwards with the Townline Road project in 2023. The agreement has been reviewed by the City Attorney. COUNCIL ACTION REQUESTED: Move to approve agreement at exhibit B. Exhibits A. Feasibility Study B. JPA Item No.: 12 Date: February 27, 2023 Item Description: 2023 Streets – Townline Road Agreement and Feasibility Study Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: City Engineer Report Feasibility Report Townline Road South City of Medina February 2023 Prepared by: Steve Scherer Public Works Director Townline Road South Project Page 2 City of Medina – Townline Road South_________________________________________________ Table of Contents Table of Contents………………………………………………………………………….. 2 1.0 Introduction……………………………………………………………................... 3 2.0 Summary and Recommendations………………………………………...................4 3.0 Street Improvements……………………………………………………...................5 Figure 1 – Typical Section - Overlay 4.0 Cost Summary……………………………………………………………………… 6 Table 1 – Proposed Improvements Cost Summary 5.0 Funding Options…………………………………………………………………….7 6.0 Project Schedule……………………………………………………….……………7 Appendix A – Cost Estimate……………………………………………………… A-1 Appendix B – Project Location and Potential Assessment Area…………..……… B-1 Townline Road South Project Page 3 City of Medina – Townline Road South__________________________________________________ 1.0 Introduction City Staff requested this report to determine the feasibility of improvements to Townline Road South, from County Road 6 to Juniper Curve. The location map for the proposed improvement is shown in Appendix B. The project includes the trail section from Juniper Curve to the Railroad crossing. The project area consists of both residential and agriculture areas. History: Townline Road is a border street between the Cities of Independence, Orono and Medina. The center line lies on the easterly corporate limits of Medina and Orono, the westerly corporate limits of Independence, commencing at its intersection with Hennepin County Road No.6 and extending northerly to its intersection with Juniper curve. Medina has approximately 650 feet of the easterly side, Orono 2610 feet on the east side and Independence 3260 on the West side. To maximize efficiencies the three cities work together to perform operational maintenance. All upgrades have been split between the cities either by maintaining their section or through a group effort. The street consists of a 24-foot paved surface. Over the years tiling, paving, and patching have been done to keep the street in relatively good shape. The road surface has now reached the end of its useful life and is in need of a reclamation and paving. As agreed, the project was put on hold until the development to the north in Medina reached an 80% completion milestone. Soil borings have been done and with aggressive spring weight postings it is agreed the correct course of action is that as described in section 3.0 A cost summary analysis is described in section 4.0. A detailed cost estimate of the proposed improvements is presented in Appendix A. Townline Road South Project Page 4 City of Medina – Townline Road South _________________________________________________ 2.0 Summary and Recommendations The reclamation and paving of Townline Road South is feasible from an engineering standpoint. The project is cost effective and necessary to prolong the useful life of the road. The following recommendations are presented for consideration by the Medina City Council: 1) That this report is adopted as the guide for reclaiming and paving of Townline Road South located in the Cities of Independence, Medina, and Orono. 2) That the cost of improvements be divided equally for the roadway improvements between the three cities. 3) That Medina shall use its street material bids and quotes for the competitive bidding of this project. 4) That the section of trail from Juniper Curve, north to the Railroad crossing be included in the street project. Townline Road South Project Page 5 City of Medina – Townline Road South__________________________________________________ 3.0 Street Improvements Soil borings have been done and show a reasonable amount of base beneath the paved surface. The recommendation is to reclaim the existing asphalt and utilize the material for added base to the road. Because of the poorer soils in the wetland area, the northern section from Juniper Curve to approximately 1400 Ft south will have Geo-tech fabric and approximately 10” of base material added to the section. There is extra class-5 in the estimate in case we find a deficiency along the roadway. The asphalt section will consist of a 3-inch base course and a 1 1/2-inch wear course. There was only one culvert crossing the street and it looked very good, no need to replace. Because there is no utility work being done and we do not plan to dig into the sub-base it is reasonable to pave the wear course and stripe the street following the base course. The study is also addressing the safety concerns by paving the one-foot shoulder area and narrowing the lanes to eleven feet to create a two-foot paved shoulder area. See Figure 1 for typical street section. City of Medina – Townline Road South__________________________________________________ Townline Road South Project Page 6 4.0 Cost Summary Detailed cost estimates for the proposed improvements are presented in Appendix A. The costs represent estimated construction charges to overlay all of Townline Road South, which is shared with the Cities of Independence, Orono, and Medina. The cost for the work is based on competitive bids received by the City of Medina. A summary of the estimated costs is presented in Table 1 below. TABLE 1 – PROPOSED IMPROVEMENT COST SUMMARY Project Total (Road and Trail) Project Cost Townline Rd S $351,998.59 Medina Total $117,332.86 Independence Total $117,332.86 Orono Total $117,332.86 City of Medina – Townline Road South___________________________________________________ Townline Road South Project Page 7 5.0 Funding Options 5.1 CITY FUNDS The costs for the construction work on Townline Road South will be divided equally between the three cities and funded with City Street funds. 6.0 Project Schedule and Management The schedule that is shown below provides for completion in October 2023. Medina will take a lead role in managing the project and may engage engineering for certain inspections, or survey work if necessary. Although most of the project is going to be contracted, cities may be asked to participate in miscellaneous manual labor and equipment use to complete the project. The cities will discuss the need for an open house prior to beginning the project. Council accepts Feasibility February 2023 Call for Public Hearing/Assessment Hearing N/A Public Hearing/Assessment Hearing N/A Begin Construction June 2023 Final Completion October 2023 Note that the construction process should occur over a one-month period during a June through October timeframe. Townline Road South Project Page 8 APPENDIX A Cost Estimate Townline Road South Project Page 9 Cost Estimate for Improvements TOWNLINE ROAD SOUTH 9417 Square Yards of Surface Reclaim and Compaction (sq yards) 9417 $1.74 $16,385.58 Mobilization (each) 2 $1,500.00 $3,000.00 Road Fabric - 8oz non-woven (sq yards) 5000 $1.67 $8,350.00 Class 5 - MnDOT 3138 to cover fabric (limestone or recycle) (ton) 2100 $17.40 $36,540.00 3" Base Course - MnDOT SPNWB230(B) MIX (ton) 1553 $79.45 $123,385.85 1-1/2" Ware - MnDOT SPWEB240(B) MIX (ton) 776 $80.30 $62,312.80 Additional Class 5 (ton) 1500 $17.40 $26,100.00 Engineering 1 $5,000.00 $5,000.00 Erosion Control 1 $5,000.00 $5,000.00 Traffic Control 1 $3,000.00 $3,000.00 Striping 1 $2,000.00 $2,000.00 County Permit 1 $340.00 $340.00 Shouldering 1 $5,000.00 $5,000.00 Subtotal $296,414.23 Contingency Overhead - 15% $44,462.13 Total Estimated Road Cost $340,876.36 TOWNLINE TRAIL 450 Square Yards of Surface Reclaim and Compaction (sq yards) 450 $1.74 $783.00 Road Fabric - 8oz non-woven (sq yards) 450 $1.67 $751.50 3" Asphalt Paving - placed on trail - MnDOT SPWEA240(B) MIX (ton) 79 $103.00 $8,137.00 Subtotal $9,671.50 Contingency Overhead - 15% $1,450.73 Total Estimated Trail Cost $11,122.23 Grand Total Estimated Cost $351,998.59 Cost Assumptions Tack coat cost is included in the bituminous wear course cost and a 26-foot paved surface when compete. Townline Road South Project Page 10 APPENDIX B Project Location Townline Road South Project Page 11 Project Location 1 ME230-1A-852260.v2 JOINT POWERS AGREEMENT BETWEEN THE CITY OF ORONO, THE CITY OF INDEPENDENCE, AND THE CITY OF MEDINA FOR TOWN LINE ROAD SOUTH IMPROVEMENTS THIS JOINT POWERS AGREEMENT (the “Agreement”) is entered into as of the ______ day of _____________, 2023, by and among the City of Orono, a Minnesota municipal corporation ("Orono"), the City of Independence, a Minnesota municipal corporation ("Independence"), and the City of Medina, a Minnesota municipal corporation (“Medina” and collectively with Orono and Independence, the “Cities”). Pursuant to the authority provided in Minnesota Statutes, section 471.59, the Cities are authorized to enter into this joint powers agreement for their mutual benefit. RECITALS A. The Cities desire to cooperate in the development and construction of a roadway improvement project on the portion of Town Line Road South specifically described in section 2 of this Agreement (the "Project"). B. The Project Area, as that term is defined in section 2, is wholly within the jurisdictional boundaries of the Cities and the Project is to generally consist of reclamation and paving of the Project Area. C. The Cities are cognizant of the benefits resulting from this Agreement and sharing the costs associated with the project described herein, as the Project will benefit all of the Cities. The Cities find this Agreement to be in their mutual best interest for the purposes set forth herein. D. This Agreement shall become effective upon approval by each of the Cities’ governing body and signature of the authorized representatives of the parties and shall continue in force until such time as it is terminated or modified as provided herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, it is hereby declared and agreed as follows: 1. COOPERATION. The Cities will cooperate with one another in the development and construction of the Project as provided herein. This Agreement and the Cities’ mutual desire to cooperate with one another to achieve its purpose is pursuant to Minnesota Statutes, section 471.59 and other applicable statutes and express and implied powers of the Cities. The power and responsibilities with respect to such joint endeavor shall be exercised by the Cities, through their governing bodies and authorized designees. 2. LOCATION. The location of the Project shall be the Town Line Road South right-of-way from its intersection with County Road 6 to the tunnel under the BNSF rail line (the “Project Area”). 3. PLANS AND SPECIFICATIONS. Medina will prepare plans and specification for the Project consistent with Orono, Independence and Medina street design standards. After design of the Project has been completed, Medina will provide Independence and Orono with a report regarding the Project’s feasibility, which shall include an overview of the Project, limited Project 2 ME230-1A-852260.v2 plans to be carried out in accordance with this Agreement, and cost estimates for the Project. 4. BIDDING. Medina will advertise for bids for the portion of the Project’s construction that will be awarded to a contractor, in accordance with state law, and thereafter will provide Independence and Orono with an analysis of the bids received prior to an award. Medina must obtain administrative approval from a designated official of both Independence and Orono before awarding any contract for such work. 5. CONTRACT AWARD AND ADMINISTRATION. Medina shall prepare contract documents and enter into a contract with the approved bidder(s), and shall thereafter be responsible for administering such contracts pursuant to their terms and conditions. 6. CONSTRUCTION; LICENSE. In addition to any Project elements that will be constructed by a contractor pursuant to sections 4 and 5 above, Medina public works staff will perform any remaining work required to complete the Project. Throughout construction of the Project, Orono and Independence hereby grant to Medina, its employees and contractors a license to perform the Project within the public right-of-way that is located within their respective jurisdictions to the extent necessary to carry out the Project. 7. COST ALLOCATION. Each of the Cities shall pay for one-third of all costs incurred by Medina in carrying out the Project (“Project Costs”), which shall include actual construction quantities and costs for materials and contracted labor, including all fees incurred from consultants and contractors associated with the Project providing services such as design, engineering, materials testing, and inspections. Any Project Costs resulting from amendments to the plans or change orders after the Project commences shall be paid as mutually agreed upon by the Cities in writing. Project Costs, as defined herein, shall not include costs associated with Medina’s employees performing any work on the Project, as contemplated under section 6. The Cities have collectively reviewed the Project’s scope and agree that a reasonable estimate for total of Project Costs to be shared pursuant to this Agreement is $___________, although actual Project Costs might certainly vary from that estimate depending on actual costs and bids received. 8. PAYMENT. Medina will act as the construction agent and all quantities and contracts will be tabulated by Medina. Medina, in turn, will invoice Orono and Independence for their portions of the Project Costs, as that term is defined herein. Upon presentation of an itemized invoice, Orono and Independence shall reimburse Medina for its share of the Project Costs incurred under this Agreement within 30 days. If any portion of an itemized invoice is questioned by a receiving city, the remainder of the invoice shall be promptly paid, accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following a good faith negotiation and documentation of actual costs incurred in carrying out the Project. 9. OWNERSHIP. Each of the Cities will own the portion of the Project located within its corporate boundaries following completion. 10. RULES AND REGULATIONS. The Project shall be carried out in conformance with all specifications, rules and contract administration procedures that are applicable under state and local law. 3 ME230-1A-852260.v2 11. TERM AND TERMINATION. The term of this Agreement shall be from the date first provided above until the Project’s completion and payment of all moneys owed hereunder. The Agreement may be terminated early in a writing duly approved and executed by all three Cities. 12. INDEMNIFICATION. Medina agrees to indemnify and defend Orono and Independence from any claim or suit, and resulting costs, including defense costs and attorneys’ fees, arising out of or related to the negligent act or failure to act by Medina, its officers, or employees in its performance of any work under this Agreement, unless such claim or suit is due to the negligence of Orono or Independence, as the case may be. Orono agrees to indemnify and defend Medina and Independence from any claim or suit, and resulting costs, including defense costs and attorneys’ fees, arising out of or related to the negligent act or failure to act by Orono, its officers, or employees in its performance of any work under this Agreement, unless such claim or suit is due to the negligence of Medina or Independence, as the case may be. Independence agrees to indemnify and defend Orono and Medina from any claim or suit, and resulting costs, including defense costs and attorneys’ fees, arising out of or related to the negligent act or failure to act by Independence, its officers, or employees in its performance of any work under this Agreement, unless such claim or suit is due to the negligence of Orono or Medina, as the case may be. To the extent a court considers this Agreement to constitute a joint venture or joint enterprise between the Cities, any liability arising from or related to the activities contemplated by this Agreement shall be considered as against a single entity and shall not exceed the limit for a single entity as provided in Minnesota Statutes, section 471.59, subdivision 1a. Nothing in this Agreement shall be construed as a waiver of any liability limits or immunities contained in Minnesota Statutes, chapter 466, nor as the acceptance by either party of the other party’s liability for the purposes of Minnesota Statutes, section 471.59, subdivision 1a or otherwise. 13. WAIVER. Each person engaged in the Project and employed by one of the Cities shall not be considered an employee of the other Cities to this Agreement for any purpose, including Worker's Compensation or regarding any and all claims that may arise out of said employment while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of an employee of one of the Cities hereto while engaged in any of the work contemplated herein shall not be the obligation or responsibility of the other two Cities. 14. AUDIT; DATA PRACTICES. Pursuant to Minnesota Statutes§ 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the Cities relevant to this Agreement are subject to examination by the other Cities and either the Legislative Auditor or the State Auditor as appropriate. The Cities agree to maintain all such data in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 15. INSURANCE. The Cities shall each maintain general liability and errors and omissions insurance during the entire period of this Agreement. The combined policy provided by the League of Minnesota Cities Insurance Trust shall be deemed sufficient insurance coverage for the purposes of this Agreement. 16. MISCELLANEOUS. a. Entire Agreement. This document, including the recitals, constitutes the entire agreement between the Cities as to the Project referenced herein. Any amendment of this Agreement must be in writing and signed by all three Cities. This Agreement supersedes all prior oral and written agreements and negotiations between the Cities relating to the subject matter of this Agreement. 4 ME230-1A-852260.v2 b. Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. c. No Third Party Rights. This Agreement is solely for the benefit of the Cities. This Agreement shall not create or establish any rights in or for the benefit of any third party. d. Executed in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. [signature pages to follow] 5 ME230-1A-852260.v2 IN WITNESS WHEREOF, the Cities hereto have executed this Agreement effective the day and year first above written. CITY OF ORONO: By: Title: Mayor Date: Attest: Title: City Administrator Date: CITY OF INDEPENDENCE: By: Title: Mayor Date: Attest: Title: City Administrator Date: CITY OF MEDINA: By: Title: Mayor Date: Attest: Title: City Administrator Date: