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HomeMy WebLinkAbout03-21-2023 Council PacketAgenda Council Meeting Tuesday, March 21, 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.City Council Meeting Minutes of March 13, 2023 2.Claims/Bills 3.Approval of Rental Licenses 4.Approval of Planning Commission Appointments – Resolution No. 7347 5.Approval of Next Work Session Agenda 6.Approval to Accept Donation – Brian Gerhardson – Resolution No. 7348 7.Approval of Appreciation of Barry Rathbun – Resolution No. 7349 8.Approval to Allocate 2021 Road Project Costs 9.Approval to Establish Police and Fire Capital Funds – Resolution No. 7350 & Resolution No. 7351 10.LA22-000070 – Stacy Kromenhoek, 4085 Watertown Road, After-the-Fact Variance – Resolution No. 7352 11.LA23-000001 – Lecy Bros Home & Remodeling, 2617 Casco Point Road - Hardcover Variance – Resolution No. 7353 12.LA23-000009 – Neil Weber o/b/o Orono Apartments LLC, 2475 Kelley Parkway, Final Master Development Plan (LA20-000001)- 3rd Extension – Resolution No. 7354 City Clerk Report 13.Approval of Amended 2023 Annual Appointments – Resolution No. 7355 Finance Report 14.Change Phone Service Provider Community Development Report City Attorney Report City Administrator/Engineer Report Public Comments – (Limit 3 Minutes per Person) This is an opportunity for the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Agenda Council Meeting Tuesday, March 21, 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: Attorney – Client Privileged Discussion 15.Pursuant to Minnesota Statute Section 13D.05, subdivision 3(b), the Council will close the meeting for a confidential discussion of strategy and settlement negotiation status in the following matter: •Jay Nygard v. Orono, Case No. 023-cv-00509-DWF-DTS Adjournment Upcoming Events 2023 04/03 Park Commission Meeting, 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. (New Member) 04/24 Council Work Session, 5:00 p.m. 04/24 Council Meeting, 6:00 p.m. 05/01 Park Commission Meeting, 6:00 p.m. 05/08 Council Work Session, 5:00 p.m. 05/08 Council Meeting, 6:00 p.m. 05/15 Planning Commission Meeting, 6:00 p.m. (Victoria Seals) 05/22 Council Work Session, 5:00 p.m. 05/22 Council Meeting, 6:00 p.m. 05/29 City Offices Closed MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 21 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. City Council 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, City Planner Melanie Curtis, and City Planner Natalie Nye. 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 FEBRUARY 27, 2023 2.COUNCIL WORK SESSION MINUTES OF FEBRUARY 27, 2023 3.CLAIMS/BILLS 4.ADOPT FEE SCHEDULE 2023 ORDINANCE 281, THIRD SERIES 5.CLOSE FUND 322 - 2016 REFUNDING BONDS – RESOLUTION NO. 7346 6.DISPOSAL OF FIREARMS 7.UPDATED PARKS COMMISSION CALENDAR 8.2023 APPOINTMENT OF SEASONAL EMPLOYEES V1 9.AUTHORIZATION TO PURCHASE PARKS EQUIPMENT 10.PARKS MOWING SERVICES 11.ENCROACHMENT AGREEMENT – RICK SHIDEMAN, 4075 HIGHWOOD ROAD 12.WORK SESSION SCHEDULE 13.2023 SEWER REHABILITATION REBID 14.CITY ADMINISTRATOR SUMMARY EVALUATION Johnson moved, Benson seconded, to approve the Agenda and the Consent Agenda with items 1, 11 and 12 removed. VOTE: Ayes 4, Nays 0. Walsh indicated Item 11 would be added to the Community Development Report. 1.CITY COUNCIL MEETING MINUTES OF FEBRUARY 27, 2023 MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 21 Benson asked for a correction on the minutes of Feb. 27, 2023. She said in the second paragraph on page 22 the word “wouldn’t” should be changed to “would”, stating I believe City Attorney Mattick meant to say would, not wouldn't. After some discussion between the Council and the City Attorney it was agreed that the City Attorney’s point was that having the City Council make any changes to its work session schedule rather than staff making the decision would be the gold standard and the change should be made. Benson moved, Johnson seconded, to approve the City Council Meeting Minutes of February 27, 2023 with one correction. VOTE: Ayes 4, Nays 0. 12. WORK SESSION SCHEDULE Benson said she wanted to pull this item to talk about it just a little bit, because this agenda item was added at the Council meeting on February 27 after the closed session. It was not on the agenda at the beginning of the meeting and actually one Council Member was not present for that discussion. But Councilmember Crosby is also not here tonight. I was hoping to be able to have this talked about with all the Council present. It would be helpful, I think, given that this is a change from the way that we've done work sessions in the past, just to have City Administrator Edwards give a brief summary about the change that was discussed that night as related to the agenda of work sessions starting from here on out. Edwards said work sessions are set on the on the official calendar at the beginning of every year, and they're set for 5 pm. on the evening of regular meetings, which start at 6 pm. There have been instances where we do not have anything for an agenda for a work session in the past and we would cancel those meetings. However, in our discussions over the last couple of weeks, we thought the best practice would be for the Council to actually cancel those as opposed to it just being a staff-initiated process. So what you have before you is what I proposed as a re-occurring Council item, which will list out the future agenda items for work sessions. It shows the tentative ones out in the distant future. And then you would address as a Council the next upcoming meeting, in this particular case, the work session of March 21. Normally, on the second work session of March, we do Planning Commissioner interviews if we have any. We do not have anybody available for Planning Commission interviews on the 21st. So therefore, the staff recommendation is that the Council would cancel the work session for the 21st. He explained so far the City has one Planning Commission candidate to interview but the individual is not available in March, but would be available in April. Seals noted with the new approach it's also nice to see kind of what's coming. Benson asked if the work session item would be on the consent agenda at each meeting, how Council Members would be able to ask about adding items to the work session agenda and about changing the time of the meeting if it was felt it was not necessary to start at 5 p.m. Edwards said he would normally put it on Consent. And then certainly, if anybody has something they want to add, then it would just be easy enough to pull it off Consent and have a discussion. If a short agenda is anticipated the City Council could decide to start the meeting later, say at 5:30 p.m. Work MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 21 sessions are regularly-scheduled Council meetings. Any change made in time or date would cause the City Clerk to give notice of the change. Seals moved, Benson seconded, to approve the work session draft agenda with the March 21 Planning Commission interviews and meeting canceled. VOTE: Ayes 4, Nays 0. COMMUNITY DEVELOPMENT REPORT 11.ENCROACHMENT AGREEMENT – RICK SHIDEMAN, 4075 HIGHWOOD ROAD City Planner Oakden explained the property owner of 4075 Highwood is requesting an encroachment agreement to address an existing building located in a right-of-way area. The owner’s intent is to obtain some building permits for maintenance of the building such as re-roofing. Granting the encroachment agreement will allow the proper permits to be issued to do so. Staff determined existing utilities in the right-of-way are not in conflict with the existing structure. The property owner, Rick Shideman, 4075 Highwood Road, was present. Johnson said he asked to have this item pulled off because he was alerted by one of the neighbors that there has been vegetation planted in that fire lane that they feel is preventing them from using it. I did go by the property and noticed that there were quite a few plantings in there. That's City property so if somebody's improved that then it should be at the permission of the City. He asked if the plantings were put in by the property owner. Mr. Shideman said some of them are and some of them were pre-existing. It was all improved landscape when we moved in. There was a garden bed and a statue that were right in the middle of the fire lane. When we moved in, that was, I believe, taken out as part of the demolition. And then the prior neighbor next door had done some landscaping in there to handle erosion control. He said the driveway next door is 100 percent on the on the right-of-way and they get significant drainage that comes down and washes everything out. In the five years we've been there there's been multiple times that landscapers have been out trying to deal with that erosion issue. Johnson said he believes the property owner’s request is reasonable and he knows the neighboring property has an encroachment agreement into that right-of-way for their driveway. He suggested waiting until spring and having an inspection to assess what is there and ensure right of access for people who want to use it. Oakden clarified there is no legal timeline as far as state statute to act on this request. Walsh said it sounds like there's really no issue with the encroachment agreement and asked the property owner if he had any problem with waiting 60 days. Mr. Shideman said no although they are anxious to get going as the building was in rough shape when they moved in and they’ve deferred maintenance for quite a while. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 21 Johnson moved, Benson seconded, to table the request for an encroachment agreement until the first City Council meeting in May. VOTE: Ayes 4, Nays 0. 15. LA23-000001 – LECY BROS HOME & REMODELING, 2617 CASCO POINT ROAD, VARIANCE Staff presented a summary packet of information. City Planner Nye said the applicant is proposing to construct a new deck on the west side of the home. The existing lot as it exists today is over on hardcover, at approximately 28.4 percent in an area capped at 25 percent. The proposal is to construct a new deck of 288 square feet partially over an existing patio. The proposal also includes the removal of a portion of a patio and the removal of a walkway. Through this and the 100-square-foot hardcover credit, the site will go from 28.4 to 27.9 percent hardcover. The proposed deck meets all other setbacks including the 75-foot setback and the Average Lakeshore setback. Because the property is still over the 25 percent a variance is required. Nye said although the deck meets all required setbacks and the overall hardcover will be slightly reduced, staff is still recommending denial based on practical difficulties not being met as the property currently has a lakeside patio, a patio next to the home and a rooftop terrace to enjoy the lake. Staff also believes there are practical ways to bring the property into conformance to 25 percent hardcover. The Planning Commission reviewed the application at a Feb 21 public hearing and found that there was practical difficulty, that the hardcover was existing when the property owner purchased the home, and that the proposed deck is not out of character for the neighborhood. They were also pleased that it was being reduced in hardcover. The Planning Commission voted 5 to 0 to approve the application as submitted. The applicant has provided some more documentation and should be here tonight. Andy Johnsrud, Lecy Brothers Home and Remodeling 3250, County Road 10, North Watertown, Minnesota, said the original plan called for a larger deck until they realized they would have a hardcover issue. Our compromise working with the City was to cut the eight feet back, which also included a staircase off the deck, and then to reduce the patio and steppingstones to reduce our hardcover. Right now, as staff mentioned, there is a patio that is on the walk-out of the of the home and there is also a second-floor deck. The new clients that have just purchased the property are unable to use those because of accessibility issues. He said they are doing a remodel project on the home to create a main floor master bedroom and hope to have a deck on that level on the lake side. In response to a question from Johnson, he clarified that the plan was to reduce the size of the existing lower-level patio which would then be completely under the deck. Johnson said he is comfortable with the applicants reconfiguring hardcover, particularly when it's outside of the 75-foot and the Average Lakeshore setback. So I'm fine with this application. He added that he wanted it put on the record that it's contingent on that small piece of patio being removed. I think that assuming all this hardcover is lawful, people can re-jigger it. I think that's reasonable to allow people to do. Walsh said I like people improving their property and reducing hardcover at the same time. We want to encourage people to improve their property and not have to take away more amenities in their house than they need to. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 21 Johnson moved, Benson seconded, to direct staff to prepare a resolution approving LA23-000001, 2617 Casco Point Road, variance. VOTE: Ayes 4, Nays 0. 16. LA22-000070, STACY KROMENHOEK, 4085 WATERTOWN ROAD, AFTER-THE- FACT VARIANCE Staff presented a summary packet of information. Nye said this an after-the-fact variance for 4085 Watertown Road. The applicant is requesting this after-the-fact variance for a side yard setback for a deck and more specifically, deck stairs. This is a very, very narrow lot and small for the RR1A zoning district and actually has overlapping side yard setbacks, so there was no building envelope and due to these practical difficulties, variances were granted back in 2021. Staff reviewed a final as-built survey and found that the deck stairs didn't comply with the setback. They built 17.3 feet from the northern property line where a 19-foot setback was approved. Staff reached out to the applicant with this information asking them to modify or remove the deck stairs to comply with the setback. Instead, the applicant is requesting an after-the-fact variance so that the deck and deck stairs can remain in place as they are now with the approval of a 17.3-foot setback. Staff is recommending denial of this application. The construction error that resulted in the deck stairs being constructed beyond the setback does not technically constitute a practical difficulty. The Planning Commission heard this application at a public hearing on February 21. They found that there were practical difficulties and also believe the smaller setback would not negatively impact the character of the neighborhood. They voted in favor of approving the after-the-fact variance with a vote of 5 to 0. The applicant is here tonight to answer any additional questions. Stacy Kromenhoek, 1025 West Cove Lane, Minnetrista, Minnesota, explained when they did the original survey, the surveyor misread the building plans and put in four-foot stairs instead of three-foot stairs so that accounts for about 12 inches of the 20-inch offset. Then the general contractor dug the footings eight inches off, resulting in 20 inches total of a deviation. The GC is not around to make the correction. He has since lost his license. I am not the homeowner. I'm just trying to help out the homeowner because I was originally going to live there. We do have the support of the neighbors. It is a very narrow lot, but we did build a really beautiful home for the homeowner. We talked about it with the Planning Commission, about the harm versus the pros of leaving it as is. It's 20 inches. I think if I would have come to the commission and asked for a 17.3-foot setback originally, instead of an 18 foot, I believe it probably would have been approved because this is such an incredibly narrow lot. And I think we did a really good job making a home that fit as best as it could in that footprint. But mostly, I think it's really about undue harm for this homeowner who had no fault in this and neighbors to have footings dug up and construction again for another summer. Overall, we feel like everybody benefits with an approval. Johnson said he watched the original Planning Commission hearing and said he believes he would have approved it at the time. The question to me is, how do we handle these after-the-fact requests? We’ve got another one up next after-the-fact and so I worry a little bit about precedent-setting. But in this particular case, I think we would have approved it as a City. And I think it was an improvement. This property got pushed back farther from the road than it was before which made it more conforming. For that reason, I'm in support of just approving this. The staff did a good job catching it, and so that that part of the process worked. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 21 Walsh said he agreed. Johnson moved, Seals seconded, to direct staff to draft a resolution approving an after-the-fact variance for LA22-000070, 4085 WATERTOWN ROAD. VOTE: Ayes 4, Nays 0. 17. LA22-000068, VALDES LAWN CARE & SNOW REMOVAL O/B/O MARK & LISA THOSTENSON, 2815 CASCO POINT ROAD, AFTER-THE-FACT VARIANCES Staff presented a summary packet of information. City Planner Curtis said in July the lake slope timber walls and other improvements on this property were destroyed by a fire and a building permit was issued to reconstruct the walls in-kind. During the installation of the walls staff observed that the construction expanded beyond the previous footprint and as a result a stop work order was issued. Because the work was halted prior to completion in November, the owner requested and received permission from the Council to install a final wall as their engineer provided documentation showing that slope failure was imminent and needed this emergency correction. The final wall has not been installed, rather the applicant is now requesting approval to increase the height of the existing top wall to reach the correct grade rather than installing an additional wall. The applicant is requesting after-the-fact setback variances to address the wall footprint expansions in the bluff and lake yard. The changes to the configuration of the retaining walls if approved will likely impact the applicant's ability to fully recapture the structural footprints and dimensions of the previous existing deck and shed, which were also destroyed. In February, the Planning Commission held a public hearing and voted 4 to 1 to recommend approval of the variances including the following conditions: prior to Council review, the applicant shall provide an engineer's opinion regarding the necessity of the additional width of the installed walls and a vegetative planting plan which will screen the walls from the lake. These have been provided in your packet. And following completion of the project an as-built survey would be required. Comments from the public were received. Replacement of the destroyed walls is essential to protect the bluff and steep nature of the slope on the subject property as well as the immediately adjacent neighboring properties who also have steep slope conditions. Staff finds that the variances to permit the expanded retaining wall structure within the bluff and 75-foot setback are necessary to protect the slope stability of the surrounding properties and once screened, will preserve the existing character of the area. Staff recommends approval of the setback variances for the improvements and the conditions set by the Planning Commission. The contractor is present this evening. Seals asked for a refresher on what was approved at a previous meeting. Are we agreeing to other things that were not intended? And are there any of those things in here? Curtis said at the time of the emergency slope repair that was the only action the Council took. It was not in any way an approval of the expanded walls, which is why we're here tonight. Benson said she was trying to get her head around this because she wasn't on the Council in the beginning when this when this started last year. When the slope repair emergency was granted did that enable the contractor to continue working in that area in November to secure it? MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 21 Curtis said that was correct but they did not, they just stabilized the slope. They did not do the final wall as they requested. They determined that they would just protect the slope and then evaluated it and decided that a higher sixth wall that was already installed would be more beneficial support for the slope rather than an additional seventh wall more towards the home back into the yard. The fire happened in July. We issued the permit for the in-kind replacement of the walls, which is administrative, in September. We issued that stop-work order in October because of the expanded wall footprint that our inspector confirmed for us. They did not utilize boulders because that would have expanded the footprint of the wall and they were trying to expedite the repair. So they did not want to go through the timeline for the variance publication and approval for boulders. Joe Valdes, owner of Valdes lawn care, 6476 St. Croix Trail South, Hastings, Minnesota, appeared before the Council along with Tyler Warnke, 2157 Valley View Place, St. Paul, the equipment operator on the job and Paul Schimnowski with Criterium-Schimnowski Engineers, 161 Dunbar Way, Mahtomedi, Minnesota, the engineer of record. Walsh noted Valdes had said before the Planning Commission that he didn't look at the plans. He also noted that Valdes just went and started digging. Warnke said he was first on-site, and had the plans with him. We were looking at the plans as we were starting the project. Walsh asked if they had the plans, why did they think they could bring a bulldozer down there and scrape out the entire hillside? Warnke said we had to remove all existing walls. In order to get down to the bottom, I had to dig a road. Walsh said, no you didn't. You didn't have to dig a road. That was your choice. You had other options, and that's my whole issue here is that you had other options. You didn't have to do it from the top and dig an entire road down a hillside, you chose to do that. I think at the Planning Commission you said it would take way too much work to do it all by hand from down in the bottom, so you chose to build a road down the middle of the hillside and scoop it all out. So instead of a hill on the hillside, now you have a cliff. I have a cliff too. The guys handed it all in my cliff when we had to re-do mine. You chose to go and dig it all when you had a specific plan for in-kind replacement. And so at some point, you dug it all out, your engineer came and designed an entirely different plan that you then pulled a permit for. So it's like going and getting a permit for a 3000 square foot house and then building an 8000 square foot house. In the discussion, Council Members asserted that the applicants had gone beyond the scope of an in-kind solution and removed a great deal of dirt from the bluff. The applicants stressed the complexity of the job and noted they had to deal with burned remains of the previous structures and then found underneath the burned wall several feet of old timbers and concrete which had to be removed. They said most of the material hauled away was that and not the hillside itself. The also said they had filled in behind the new walls with several feet of supports and material for proper drainage. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 21 Walsh said you never came and asked us, you just went and did it. You’re just asking for forgiveness instead of permission, because we would have never have allowed that. I think you need to go put the hill back. You need to get your engineer and you can figure out how you're going to do it. Mr. Schimnowski said he would also like to add that it always works on paper, right? I drew these plans based on existing retaining wall measurements that were out there. And there was a lot of concealed conditions on this site. There was a lot of material buried on this site that needed to come out to stabilize this hillside. And looking at some of the photos of the existing conditions at the time of the fire, there was significant slope issues and erosion at the adjacent property lines. That had nothing to do with this. If I would have the opportunity at some point to illustrate the means and methods that are necessary to demolish, excavate and build the timber wall. They had to move a lot of dirt and it's going to look like a lot is happening but it needs to happen to build a structurally-adequate wall. Johnson said from his perspective and talking with the neighbors that quality work was done. I don't think that's the question. There's a question surrounding the methodology that you used. I think a road is a good description. It was 12 feet wide? Could that have done been done with barge work from the lake without having to do that instead of coming from the top of the bluff? Mr. Schimnowski responded could it have been done? Yes. Would it have been practical to do that? No. Not with the amount of material that needed to come out temporarily, and then go back in for backfill. Johnson said what he saw was pretty alarming. I haven't seen that methodology before. And it seems like keeping as much of the bluff virgin is important. How do we handle this situation to discourage other contractors from just plowing down the hill and telling us well that’s how it should be? On the other hand, I appreciate that with earthwork, oftentimes you find things when you start digging. And what I didn't like about your report was your note that the reason the emergency seventh level wasn't done was because of frost and snow. On another project on a property I owned in another city, I dug a basement around the same time and they didn't even have to put frost blankets down. So it wasn't a frost issue. And if you can move all that dirt, you can certainly move some snow to get there if that emergency required. I read that and I thought, well, that's disingenuous to me. And so then it calls into question the rest of it. And all we want is to get the straight story to make sure that other people don't do the same thing like make roads without the City approval or understanding and the right engineering ahead of time. I share the mayor's frustration that we can't just have this going on, and I think that's what this was. So I don't really know the path forward. But you've created a problem. Seals said I think my concern is the neighbors. They didn't sign up for this massive project. She noted the before and after photos are drastically different. We're pretty protective of the like kind. Just to see the change, there's a lot of earth that moved. I'm concerned for the homeowner and I'm also concerned for the neighbors. What else is going to come out of this because so much was changed? We have several emails from residents just showing us the before and after. I had to look at it several times and actually go out there. It doesn't even look like the same property. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 21 Benson asked if it’s possible if the project were rebuilt that the Bluff would look as it did before. Is there a way of restoring this bluff? She also asked if it is correct that the contractor had to dig so far back to accommodate the support timbers. Valdes said when we started digging, we don't know what was on the back of the wall. We built this wall as a complete structure from the bottom all the way to the top. Every single wall is like a structure all the way from the top so that will be there forever. He said he would have preferred to do boulders but it would have been a 60 to 90 day approval process. In January it is impossible for us to build a wall with boulders. When we got stopped working, this happened on Friday at three o'clock, we completely stopped work. He said they were allowed to go back and take emergency precautions to prevent erosion over the winter. They later came to the conclusion with engineering that they don't need to have a seventh wall because it would get more into the homeowner’s property when we can go six timbers higher here. Benson asked is it true that that trees are unable to be planted in or around this new retaining wall. Valdes said no trees but they have a design plan to completely cover the walls with tall grasses and arborvitaes that don’t have root systems that will affect the wall or the drainage. Benson asked what would be the effect if the work were to be taken out or redone? At this point, there's no putting the bluff back. Is that correct? It would be tearing out what's there and putting in boulders or something else. Warnke said he could only say we haven't talked about that, if we were to tear it out what would be the next step? Council Members said they believe the new wall system has to go back to the original grade and line up with the top of the bluff and the properties on either side. Curtis said she would suggest that in future applications for similar projects that we require them to provide us with their method of construction, rather than just the plan for construction. At least that would provide a more realistic expectation for the applicant and the neighbors as well as the City for what we're going to see start to finish how the project will progress. Walsh opened the discussion up to public comments. Carol Price, 2813 Casco Point Road, said she is the property owner on the west side of this property. I do have some grave concerns. The biggest one is that adding 1.7 feet to the existing sixth wall, the top of that wall that exists now, it's not sufficient to prevent soil erosion from my property on the west side, due to the differences in the elevation levels, as the retaining walls are currently built. And you saw by the picture earlier, the fence at the top that that level was basically the same along the properties. And this wall actually curves in. Part of that was building these walls further back. So I'm going to show my findings. I've been going through a lot of this data, even back from the original drawings. So there's a letter from Criterium-Schimnowski Engineers dated February 24, 2023 regarding the sixth wall versus a seventh wall and it does not mention any change in property gradients to the adjacent properties. The MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 21 letter states the design option to add height to the existing sixth wall was done on December 9, 2022. But there are no details in this information packet to support the design analysis. Also, this letter states that adding height to the existing sixth wall is I quote, a good option to reduce the steepness of the slope. However, this conclusion to me seems rather vague, and it does not indicate the total gradient and how to mitigate the effects of a steep slope. The letter also states that adding height to the sixth wall versus building a seventh wall, could, I quote, result in less soil disturbance and excavation. However, the bluff has already been disturbed and excavated with a backhoe, basically digging out the entire bluff throughout this retaining wall rebuild project. It is my concern that the Criterium-Schimnowski engineer does not provide any details of how to mitigate the slope from the neighboring properties with respect to adding 1.7 feet of height to the sixth wall, and how that is comparable to building the seventh wall that was in the original plans. But all is explained if you review the original plans of the retaining wall by this engineer, dated August 24, 2022. In the design limitations section, there is a statement, quote, site layout and grading design are not included in wall design services. Those services are the responsibility of the site civil engineer end quote. So that begs the question, who is the civil engineer on this project that can assure that the grading is done properly, to mitigate the bluff grading to adjacent properties? Based on the property surveys, the elevation level of my adjacent property near the very top of the bluff is at 963 feet. The survey in Council Exhibit A depicts the current top of the sixth wall at 957 feet foot elevation, a difference of six feet. By adding 1.7 feet to the sixth wall, the resulting elevation gradient would be 4.3 feet. There is a photo on page 26 of this information packet that does show the existing slope of the property to my property that currently exists. The plans provided in this information packet Council Exhibit E show plants and flowers that will be planted in this area. This depiction also shows a wall on both the west and east side of the property. I am not certain if these walls are the existing wood timber walls that run along the side property lines or some other wall that will be built to replace the wooden timbers. However, my concern is will this depiction in Exhibit E be sufficient to mitigate the 4.3 foot slope differential that currently would exist? As a comparison reference, there are photos included in the letter from Criterium-Schimnowski Engineers dated November 18, 2022 regarding the timber retaining wall upper tier, and that closely resembles the current condition of the bluff with the exception of the snow on the ground. The photo had an outline superimposed for the placement of the seventh timber wall. The outline on the seventh wall did extend along the adjacent property lines to hold back the dirt. The engineer stated in this letter that the final seventh wall height will increase to about four feet tall near each end where the existing slope increases. And a follow-up letter dated November 22, 2022, the engineer states that quote, the slopes of the top of the timber retaining walls constructed to date are much steeper than originally designed. Thus again, my concerns of the steep slopes. The City Council has a very difficult task to decide on the next course of action or reaction for this after-the-fact variance request. The request to increase the height of the top sixth wall to reach the correct grade height rather than installing an additional wall has my concerns. As the property owner on the west side, the elevation gradient to the top of the bluff seems quite steep with regard to adding only 1.7 feet to the top of the sixth retaining wall. Should the City Council authorize construction of the added heights to the sixth wall, I would request that the City Council approval would require an as-built survey following completion of the walls and restoration of the grades. This could be ambiguous considering the top of the bluff and the side elevation grading to the adjacent properties have been altered from the original grades. That is before the fire occurred on the bluff and burned the original retaining walls. I would also ask the City Council to require that containment measures must be implemented to compensate for the change in elevation from the applicant’s property to the adjacent east and west properties such that erosion is mitigated and controlled. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 21 Since the licensed engineer who designed the retaining walls is not responsible for the site layout in gradient services, I would request that the site civil engineer provide the written assurances that the work was completed based on known industry specifications and building codes for mitigating soil erosion and collapse of the bluffs. So my final comments, this was a massive, massive project. There were many, many dump truck, loads of dirt. I don't question the bluff work itself. I think Joe Valdes and his men did a good job building the wall. It was the method of just tearing away the whole bluff that had everyone concerned and has everyone concerned now. And my concern is that top wall doesn't meet the original top of the bluff. There are the indications that plantings are going to be made. I will say that the wall was built with a combination of dirt and stone behind those walls for good drainage. That is as it should be. I'm concerned, how will those plantings take effect in that type of soil? Certainly, you could add something to make it work. I think everybody tries to do a good job. The method of this one was beyond what we've seen for any lake owner. But that doesn't mean we can't go forward and just make it a bluff and retaining walls such that the neighbors on each side don't have to worry about that bluff falling apart. So you have my condolences on how you want to make your decision. It's tough. I agree. It's very, very, very tough. Johnson noted that this is a lot for a neighbor. You're a particularly educated on the matter and I'm sorry, you've had to learn this much about it. Thanks for your comments. We'll definitely want to integrate some of your recommendations there to our opinion. But, the other part of this is how we deal with this. How do we deal with contractors that go outside the scope? How as a City do we do this better next time to prevent it for neighbors like you when all you do is live there? Charles Price, Carol's husband, 2813 Casco Point Road, stated Melanie, you made a great point, that next time an application comes in some questions need to be asked. How is this going to be done? And I think that might have been lacking on this one, because everybody from the City who saw it was very shocked. And just to add another data point on the dump trucks, when we talk dump trucks, these are the kinds used on the interstate highways. They're massive. And the worst day I think it was, you know, we're there pretty much every day, we saw at least seven and maybe eight of these giant dump trucks of dirt getting hauled off. It looked to me like they were bringing in gravel and backfill so the dirt went out and hopefully proper backfill came in, the contractors might be able to clarify that point. He asked to have a photo put back up. This is showing the top of the bluff where it originally was. That really shows where the top of the bluff was from the top of the original bluff where that line is. That goes from one fence post to the other. And that is actually 22 feet from the new top of the bluff, so that gives you a rough idea that they've dished the shoreline back 22 feet from where it used to be. Drainage, we still haven't seen too much about drainage at the Planning Commission. I did ask about it. And Joe did clarify that he has that taken care of, but I'm not sure what that means. And I did talk to Wes today. He's still concerned. He doesn't know, has the drainage been taken care of or has it not?. Wes, on the east side, he did ask about the wall between the two properties, a border wall, if you want to call it that, does that catch water? So the water can't just freely fall from this property to the 2817 property. So he wants that wall to remain of some kind. It doesn't have to be exactly what it is right now. Margaret Martin provided a letter. And she has statements from a professional geotechnical engineer and some of his points are really, really important, I think. He's saying, where's the soil test? The engineer says, here's the wall design and I base my wall design upon internal compound stability, but my design is dependent upon a geotechnical engineer doing soils tests and soil samples, and making sure that the assumptions that I made to design MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 21 this wall are accurate based on the actual soil as it exists. And I've never heard one thing about that being provided. I don't know if there's been soil tests or not. I noticed that in the engineer’s letter, the engineer has a lot of outs that you can't hold him responsible if soils tests were not done. This has been a long and difficult challenge for all of us. It's gone on for a very long time, and we're still going at it. So my summary statement is as follows. If the City does decide to approve the walls to remain as they are, then I recommend that the City at least require a soils test per the engineer’s statements that he has in his letters to the City. And also, require that a wall completion report is submitted by the engineer, Mr. Schimnowski, and he has spelled out what that requires. They're actually in his letter. I am referring to the one from August 24. It's in his letter. So that's all I have to say. It's been a tough deal. Walsh said I can see that they wanted to get the bluffs down there taken care of but now they've created an entire new bluff landscape that was not part of the like in-kind. They have to figure out how to reengineer to get that grade back there, and figure that out to the best of their ability. Otherwise, what's stopping anybody from just sculpting out their bluff? Just digging all the dirt? I either deny it, or we table it and let the engineer go back to with the neighbors and get this figured out knowing the direction that we need to see. So then you guys could decide do you want an answer today? Or do you want to go back to the drawing board with the neighbors and try and get this figured out? Mr. Schimnowski asked so one of the bigger issues of contention with earth questions for you is the top grade of the yard, that you want that to be original? Seals said we understand burn down. So there's some challenges. But I think trying to get as close as you can back to what it was is probably ideal. Johnson asked if the homeowners intend to replace any of the other structures that burned. Curtis said they would like to reconstruct the deck and the shed that was beneath the deck. But as I mentioned earlier, it might not be possible to capture the footprint of the previously existing deck. Benson pointed out the situation was the result of a fire, not anything the homeowners wanted to do. So this bluff, regardless of what happens at this point, will never be returned to its original state. Is that correct? So we are where we are with it. And I think my thoughts are communication, communication, communication. And I think it's always a tricky thing when expectations are set in one direction, and then things happen in another. And this is something I was talking about earlier with Adam is that these variances come about or these after-the-fact issues come about from poor communication, lack of communication and expectations being set here and then delivering here. And regardless, we are where we are right now. I do want to acknowledge how incredibly difficult it's likely for the neighbors in this area. And that's important to say because I think whether it's the homeowners or the neighbors, nobody was wanting this to turn out the way it has. Where I'm coming from is that going forward communication has to be spot on. She said she was also very interested in monitoring the plan for vegetation. That's an area that I think I'd like to focus on going forward. But I agree that for now, maybe tabling is the right way to go. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 21 Curtis said it might have been helpful if staff would have more discretion in a situation like this of approving something that is not necessarily in-kind, for example, the boulder wall. Edwards said maybe that'd be a good work session topic. There may be better methods to do that than just simply replacing exactly what's there. I will say for City engineering projects where we're doing the exact same work, we often employ the exact same method -- we will dig down to get everything that's bad out and we will start rebuilding those walls. We just did a ravine stabilization project this fall, different materials and a little bit different situation, but generally the same method. We built a road in and built our way back out. Johnson moved, Benson seconded, to table LA22-000068, Valdes Lawn Care and Snow Removal, 2815 Casco Point Road, after-the-fact variances. VOTE: Ayes 4, Nays 0. RECESS AND RECONVENE Mayor Walsh recessed the meeting at 7:58 p.m. The meeting was reconvened at 8:05 p.m. FINANCE DIRECTOR REPORT Finance Director Olson gave a presentation on the previous month’s building revenue, noting the City is about 35% ahead of last year and typically the first two months of the year are the lowest activity. We'll have to wait until you see the May through October/November period where all of the revenue comes in. So we're off to a good start. Hopefully it continues. We're at 16% of revenue at roughly 16% of the year. CITY ATTORNEY REPORT Attorney Mattick said he had a couple of updates. I did receive a request from Councilmember Benson regarding the Data Practice Act, and I thought it'd be useful to share it with the entire Council. The question was when you as individual Council Members get emails from residents or other citizens, what is the status of those emails? And what the law says is that if there's an email from a resident to a Council Member or the Mayor, that email is private data, meaning that if we got a data practice request, you would not need to disclose it because it is private data. You as the holder of that data could choose to share it if you wanted to. And you as the holder or receiver or sender of that email can choose to share it even though it's private, but you can choose to withhold that as private data. Also, something to keep in mind with that is if you get an email from a resident, and then you forward it to say, Adam, at that point that email has become public; the sharing it with staff has made it public. If you get an email from a resident, and they copy a staff member, that email then becomes public also. So strictly speaking, correspondence to and from residents is private data. There are other types of classification. If you receive property complaint data that's technically confidential, there is a legal distinction between confidential and private. Otherwise, you know, when we've done our trainings, generally what we've said is look, all emails are presumed public, but I think this is one of those exceptions that has come up. The thing to keep in mind is that if and when we have emails, if there's litigation, the discovery process may, in fact, require them to be disclosed. But candidly, you start with the fact that they're private. So they're not always disclosed. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 21 The second item that I was asked to cover, and the request came from Councilmember Benson and then I have had an opportunity to talk to Councilmember Seals, was there was a question about whether Councilmembers Seals has a conflict of interest as it relates to all items related to the fire department. And I would start by saying I assume the origin of the question is because Councilmember Seals is married to a volunteer firefighter with Long Lake. And so my answer to that is at this point in time, I do not feel that Councilmember Seals has a conflict of interest in the negotiations that you're doing for things like establishing a fire department, or hiring a fire chief or purchasing a fire truck. From my perspective they do not enhance or increase or create a conflict of interest for Councilmember Seals. The formation of a fire department in and of itself does not create any financial benefit for any conflict in any of those decisions. I did talk to Councilmember Seals that there are certain decisions that I would advise her to abstain from because I do think conflict can occur when it comes time to hiring. If her husband is one of those people that the City chooses to hire, I think she should abstain from that, and financial decisions like rates of pay or pension things, I would advise her to step away from those. But the generalized formation from my perspective, or creation of a fire department with the City is in many respects the same as if you chose to create a public works department. This is a core service for a City. I understand there's controversy and discussion about the fire department, but you're talking about creating the department. At this point in time, the high-level nature of the decisions and the discussions we've had, in my opinion, do not create a conflict of interest for Councilmember Seals, based on the fact that her husband is employed by a separate City. Benson said she brought it up only because it had been asked during public comment at the last meeting. Mattick continued, the third item I did want to touch on is I did attend the LMCD Board meeting last week. As you know, the City owns some property where an individual is trying to place a commercial dock. The City had directed staff to prepare a letter last August objecting to that application. Laura did write that letter, and we resubmitted it later in the fall or early winter. In February or January, I can't remember now, they had originally made a motion to direct staff to bring back findings denying the application. At their meeting last week, they did act on those proposed findings. They modified them a bit, but they did deny the application that was slotted to be on the City-owned land. I was prepared to present the City's position on that but LMCD really limited testimony to just the applicant and anything new. But they did vote to deny it, and so that is at least final for the moment. And then just a final thing: your regular meeting for March has been moved to next week, next Tuesday. I do have a conflict with another community. I will take a look at the agenda for next week and talk to Adam, but it may be someone else from my office at the meeting. COMMUNITY DEVELOPMENT REPORT Continued In general community development activity, Oakden reported they had been working on mailings for some septic properties. We send out reminders for compliance reports. Those are due every three years. We’re busy with permits, as Ron noted, so we're relatively busy with contractors. And then also just working on some reporting and citizen reports with code enforcement and permitting, as well as trying to update and streamline some of that information. Other than that, we've also participated in some DNR MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 21 trainings with floodplain and shoreland. So my whole department's been busy participating. in some of those. CITY ADMINISTRATOR/ENGINEER REPORT Edwards updated the City Council, noting on the new public works facility, we've re-initiated our bi- weekly construction meetings with the contractor, architect and engineers. We are tentatively, snow and weather dependent, looking at re re-engaging with earthworks on the site on the fourth of April and right now tentatively have a groundbreaking ceremony scheduled for the 10th of April. Last Council meeting we brought forward a roads proposal and a JPA with two of our neighboring communities. The City of Medina did also approve that JPA, so now we're just waiting on Independence and their decision. And that again was for the repaving of Townline Road over this year. We did go out for bids for our sewer rehabilitation project and we did get bids back, but they were significantly over what our estimates are. And that's for pipelining process lines, existing pipes. Just the cost per foot for an eight-inch pipe has gone up 10 bucks from $40 a foot to $50 a foot. So as the Council action today, we rejected all bids and we'll down-scope that and we have it out for bid right now, actually, for bids in early April, We just reduced the scope, just shortened overall footage of the work that we would do in that project. That revised one, assuming bids come in good this time. primarily focuses on Casco Point and that should finish up most of that sewer rehabilitation work in that segment of our sewer system. Road restrictions started on Friday and all are posted. PUBLIC COMMENTS Molly Reynolds, 665 Orchard Park Road, stated I'd like to share a public letter from the Northwest Hennepin League of Municipalities that was drafted on February 25, 2023: To whom it may concern. This letter is written in response to a discussion about our organization at the Orono City Council work session on February 13, 2023. The name of the organization is in the Northwest Hennepin League of Municipalities. It is not the Northwest Hennepin Mayor’s Association as Mayor Walsh referred to it. The NWHLM is composed of elected representatives from various cities and jurisdictions throughout the area. Members include mayors, city council members, county commissioners, park board commissioners and a Metropolitan Council Member. It is not just for mayors. Some cities have paid for two memberships, however each City has one vote. During the work session, Mayor Walsh stated I am actually a member of that organization. However, Mayor Walsh and Orono’s membership and participation ended in 2017 and were not renewed for 2018 at the request of Mayor Walsh. Neither he nor any other elected officials from City of Orono have attended our meetings since 2017. However, that recently changed January 2023, when a newly-elected Orono Council Member was invited and began attending the meeting. On February 14, which is the day after the Orono City Council work session, Mayor Walsh contacted the NWHLM and stated he would be attending our meetings going forward. As our mission states, our goal is to educate members and network to achieve better results within our cities, value trusted relationships, working together and learning and growing in our respective roles to help make our cities the best possible. Therefore, it is essential that what is being stated publicly about the NWHLM is accurate, Respectfully submitted by the NWHLM executive committee, Mayor Tom McKee, chair; Mayor Julie Maas-Kusske, immediate past chairperson; Mayor Charlie Miner, Vice Chair; Mayor Renee Hafften, secretary, and Mayor Kent Koch, treasurer. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 21 Jay Nygard, 1386 Rest Point Road, stated and wow, a whole nother group has pointed out Mayor Walsh is a little disingenuous. And it's not just us few malcontents from Orono. Crazy. Hey, quick point of clarification. Mr. Edwards. The new Public Works building being built. Are there any renewable options involved in it? Edwards asked if he meant renewable energy? No. Mr. Nygard asked if the building been planned with any kind of net zero considerations? No? So we have Mayor Walsh up here telling everybody we're planning for the next 100 years with our Public Works building, but they can't be bothered to include modern renewable technologies. Great plan there, buddy. Chelsea Wetrick stated you've got my address memorized. And with that, you should probably be careful about taking liberties and people's Fourth Amendment rights, hate to see you sued about that. Now that I've seen you firsthand how truly pompous and arrogant, disrespectful you are, I decided to look into other meetings in smaller groups and see if it was just the public that you treated like crap, or if it was just all- around your personality. And I found that anyone that dares to have their own thought and not follow you blindly gets to see how truly venomous you are. For example, I now know why you decided to shut down the February 13 meeting early, because instead of addressing the new Council Member in a private conversation, you decided to blindside her and call her out for doing her job. She wanted to address that in a proper way at the meeting. You had to shut that down. You found what she was saying to be inappropriate, which is funny coming from you. Let's see here. It seems to me that the only Council Member that's doing what they're supposed to do is the new one. Everybody else just follows you blindly. Really all you do is look after your best benefits and your friends which is pretty obvious when you start looking around. So I'm thinking you should probably answer some questions, address what people are asking of you. And I don't know, maybe Mr. Bean, or Crosby, my bad, could sit in and not run away. How many meetings can you run away from? People are just going to keep digging your background. If this is what's at the surface, imagine what else we'll find. Brad Erickson, 2485 Independence Road, Independence, stated well, we've done it again, Mr. Walsh. We've made the paper -- you know, the one you don't read. “New Orono Council Member it's time to end the chaos”. I couldn't agree more. Couldn't agree more. You finally come out and admitted what you said. But yet there is no apologies forthcoming. What I don't understand, if this is not such a big deal to you, why don't you just apologize? You know what's upsetting people? This is the third article out on this stuff. And it's no big deal to you. Maybe if my issue had more to do with dirt, it would be taken more seriously, is that true? Let me show you what it looks like when a real Mayor from a real city addresses the Holocaust. And then we'll contrast that with what you put out there. Mayor Sam Joshi in Edison, New Jersey. It's a real City. It's unfortunate Mr. Crosby isn’t here being from New Jersey. Six million Jews and countless others were murdered by the Nazis. Murdered. It is our responsibility to put an end to hate and antisemitism everywhere. That's your responsibility. But this is what you pimp out, isn't it? You've admitted it. You say there's nothing wrong with it. What's wrong with you is what I wonder. There is one person on this Council and I want you both Ms. Seals and Mr. Johnson to look at the contrast here. “Orono Mayor Minimizes the Holocaust; Council Member Fundraises for the Proud Boys”. What in the hell is going on? And you talk to me about swearing. You send me a video with the F word, the A word and the S word. And then you talk to me about swearing? Give me a break. Give me a break. So she has MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 21 denounced this video. He is standing behind it wholeheartedly. And I can only venture a guess where he's at on it. Because we have yet to find out more about this cat. I want to know where you two stand now. You guys have been left out of it. This City needs to make a statement and make a stand. Take a stand. You be leaders instead of followers. Who is this guy? He's from St. Louis Park. He knows better. He knows better. He knew better anyway. And everybody knows what we're dealing with. Walsh said his three minutes are up. Thank you. Mr. Erickson said fuck you, prick. What do you got? Nothing else. I'll be watching this to the Mayor/ Council Report. MAYOR/COUNCIL REPORT Benson said she has three items for tonight. But before I go into those, I just want to clarify just because it was talked about just a moment ago, that I did speak to the reporter for the Star Tribune. And I just want to clarify any quotation you see in that article that has quotes around it is from me. The headline was not. So those words in the headline were chosen by the gentleman who wrote the article. Those weren't my words. One person in the public asked me about that, so I wanted to clarify. Moving forward, last week, I did attend the League of Minnesota Cities Day on the Hill, and it is a fantastic opportunity to meet. We heard from the lieutenant governor as well as other officials. And the League of Cities is an incredible resource that does offer ongoing opportunities for education, to learn, educate, socialize and influence, as one of their speakers put it and I find that these gatherings are a place where information can be exchanged, where you can meet other folks in the community who are serving their respective cities. And it's just an all-around stand-up organization. So thanks to them. And on that note, second item here on the note of working with other elected officials and other municipalities. I do want to address several issues regarding the Northwest Hennepin League. And this is the organization that's comprised of elected leaders around the West Metro, and I was personally invited by members of this group to attend meetings. Mayor Walsh has made comments about me two times in public meetings most recently at the last Council meeting, and his comments about me were added to our City's permanent record tonight. The mayor stated that during a Northwest Hennepin League meeting that I suggested to a Hennepin County Commissioner that a youth sports grant the City of Orono applied for last year not be approved. The mayor added that this alleged action undermined our staff at Orono and the work they do. I want everybody in this room to understand how seriously I take my oath of office. I take my professional reputation and my adherence to ethical practice very seriously. And when these areas are called into question, I will address it on record. First, I'm a firm believer in following process and procedure and have made that clear from the beginning of my term. I did not and would not ever attempt to interfere with a grant application process. It's unethical and it goes against everything I stand for. Second, the commissioner in attendance at the meeting represents a district that does not include the City of Orono. Finally, I would ask the Mayor contact the Hennepin County Commissioner who was present that night to clear up any lingering questions related to this matter so that this issue is not brought up in public meetings again in the future. Regarding the Mayor's statement that I undermine staff, from the beginning of my term I've explained that I intend to and staff has heard me say this, stay in my lane as a Council Member, that I respect staff's expertise, and I will draw upon that knowledge to make informed decisions. I have great respect for the staff and I do my best to demonstrate it. Since joining the Council, I've worked MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 21 to build positive and respectful relationships with every member of staff that I've met. I've also invited feedback in order to address any issues that may arise. And in the absence of direct communication from staff indicating a concern, I am operating under the assumption that my actions have not caused staff to feel that they've been undermined. Finally, individual Council Members speak for themselves and I believe it's important that staff are empowered to do the same. Our City administrator recently gave a presentation that spoke to the power dynamic that exists between Council and staff. It's important that Council Members recognize this dynamic is real. And from my perspective, the Mayor is welcome to speak for himself. But I believe it is not necessary, nor helpful, for him to speak for others, especially when these very individuals are present at meetings. So going forward, there may be times when I talk about difficult issues facing our City, or I may provide constructive criticism about a matter at hand. This is very different from unethical behavior or personal attack. Part of the work I will do as an elected leader is to have the hard discussions and face issues that our City is grappling with. This should not be conflated with showing disrespect or undermining others. Our job is to lead our City, especially when things are difficult. And that brings me to my third and final point tonight. Brad Erickson has been attending City Council meetings for nearly a year, and he's again with us tonight. He has stated again and again that Mayor Walsh sent a video to him over Facebook in 2020 that was objectionable and that caused serious distress. This issue has been a constant subject of public comment. It has affected the function of meetings and has taken extra resources on the part of staff. This is my third month in office and I have seen no signs that the matter is any closer to resolution than it was nearly a year ago. I met with Mr. Erickson and City Administrator Edwards several weeks ago to better understand the situation. And after doing so, I wrote a letter to my fellow Council Members and asked City Administrator Edwards to distribute it. After discussion with the City Attorney, Mr. Edwards recommended that letter be attached in the agenda packet for today's meeting. The reason was to avoid possible violation of Open Meeting Law if there might be discussion and to have any comments on the matter made in a public forum. This letter was included in the packet and therefore I'm not going to read it here. I'm asking tonight that my fellow members of Council consider the options I laid out in the letter and perhaps offer any other possible ways to address this issue. The only piece of information I'd like to add is that after speaking with the League of Minnesota Cities, it confirmed that the services of a professional mediator are available at no cost to the City of Orono. So that is all I have for tonight. Thank you. Seals said Matt Johnson, myself and Adam Edwards were down at the Capitol. We met with the City of Long Lake officials, so John Dyvik, and Charlie Miner, and then also representatives from Andrew Myers and Kelly Morrison's camps. And then also there was another, I can't remember her title, I think its executive director. Dealing with pensions, we started to have conversations about what it would look like with a transfer. I also wanted to let the group know that we've had some other conversations that were brought about to us by two firefighters, ironically a firefighter who lives in Long Lake and then a firefighter who lives in Orono, who have expressed an interest to join in the discussions with Matt, John, Charlie and I, to see if we can find a solution that both cities and the firefighters feel good about or feel okay, so lots of good conversations have happened., I wouldn't say we've landed the plane yet. We're definitely still building the plane. But I wanted to share that because sometimes I hear that the negotiations have stopped and people aren't talking, and that's just not accurate. I don't have anything formal to share, because we want to make sure Long Lake feels good with what they're going with, and same with Orono, before we bring anything back, as I've shared with them this whole way through. Matt and I are just two people. We can't make the decision. But we can let you know if it makes sense at least MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 21 from our perspective. The other thing I've had, I don't know if it's a good fortune or not, but the firefighters have taken upon themselves, some of them, to give me the NFPA guidelines. It’s a nice, lengthy book of all the things fire-related, that I've had the great opportunity to read. I am not finished by any means. And I'm not going to be an expert. But I will say what I have learned is we have a lot of opportunity. So I know that Ron and Adam and James are putting together an analysis, I think we need to make sure to really level set ourselves. When I looked at those guidelines, there's a lot of pieces, I'm just going to speak to equipment, there's a lot of pieces of equipment that we're using for fire that don't fit the guidelines. When I say they don't fit the guidelines. I mean, we're 10/15 years off of when we should have pulled these out of service. So I mentioned this just saying, I'm not an expert, but I know these guys are gonna bring us a really thoughtful analysis. I think regardless of where we land there's going to have to be this pretty well-thought-out plan, year over year, to start replacing pieces of equipment, because when you start to really look into those guidelines, they pretty much say after 15 years, you're not using them as a first line. Well, we've got some that are well over 15. Some that are over 20. When you're thinking about, public interest and servicing your residents and bringing safety to their houses, you need a piece of equipment that's gonna get there. I haven't seen the full analysis because the guys are still working on it. But I did want to kind of level set the conversation that just looking at the current fleet, no matter where we land, we're gonna have to start purchasing some stuff in the near future. The other challenge is new equipment is 24 to 36 months out, so even if you said we're going to buy all this, it's going to take time, so there's definitely going to have to be some thoughtful conversation around how do we solve for that. So again, I’m not laying out the purchase plan but I think starting to read those guidelines was pretty eye- opening to me on what the work ahead of us is, regardless of what solution we end on. I don't know Matt, if you have anything to add on that. I did want to say congrats to the boys hockey team for making it into the State tournament. Warroad and Hermantown are tough. Again, loved seeing some of the guys that I've seen when they're little grow up. Super fun. Big kudos to all of them. And bummer that they didn't make it to the end but they should be super-proud either way. They played some hard-fought games. Johnson said he was also in attendance at the LMCD meeting. Our representative, Richie Anderson was sworn in, so really thank him for his participation on the LMCD. Special thanks to staff and Soren. That issue at the LMCD was a big one. It was a floating dock in front of City of Orono property that someone was gonna make a marina out of. It took some cooperation from the LMCD to get it put to bed too. I think we handled that well. On the consent agenda, Adam’s evaluation was done. We’re really proud to have him. He had an exceptional review. And we're glad to have you. Thanks, Adam. The other issue that keeps coming up is Average Lakeshore setback. That's probably another one to put on a work session. Just in talking to staff in particular, I think one of our goals needs to be for the benefit of the residents, is that we empower staff wherever we can to expedite processes. We made a good step on the emergency restoration issue. Maybe we can make it a little bit better now that we've done it. The Average Lakeshore setback is another piece of that, that staff keeps bringing up. I talked to Soren about it too. There’s a lot of history with that Average Lakeshore setback and you know, we had at one time additional setbacks to the watershed requirements for wetlands. Orono just arbitrarily threw a number out and we got rid of that because they're the authority that has jurisdiction. So maybe that's something else that we visit along the way. Congratulations to the hockey team. I understand the swim team had some qualifiers for State, too, so congratulations to them too. MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 21 Walsh said boys hockey had an exciting game coming back from three zip and one of those goals bounced off the back of the glass and then hit the goalie’s back and fell in the goal. So that was one of the three goals. If they wouldn't have gotten that we would have beaten Warroad. That would have been unbelievable, but fate was not with us that day. But they should be proud. They did a great job. Boys Basketball is also in the section championship. That's either tomorrow or Wednesday. If they win that they'll be going to State too. So a lot of a lot of good stuff coming up. April 10, I think Adam mentioned we do have our groundbreaking, so I invite the public, if you want to come out to the public works facility and grab a shovel over there off Crystal Bay Road. As Councilmember Benson was also at the Northwest Hennepin League of Municipalities, I was also there and did bring up the issue about the inappropriate conversations and no one disagreed that was not inappropriate. And now there's a very big kerfuffle in that organization about who should be coming as guests. That's an issue they're wrestling with now because of the issues that have been created there. I did have the first Coffee with the Mayor on the second Wednesday of the month this last Wednesday. We had some good conversations and I see some people who are in the audience that were there. One of the sad things that happened is a Carter Anderson was there and got into disagreement with Mr. Erickson and it just turned into Mr. Erickson saying we want to take the south side. It was on video. On video, I'm talking. I'm talking. Carter Anderson was there and it's on video. So, it's sad. It's sad that that comes up. Speaking of the Benson letter, it's ironic that Benson's biggest financial supporter in the election is Mr. Brad Erickson. I think it’s a good time to address some of these issues. And she had to meet Mr. Erickson here at City Hall with our City Administrator in attendance because she was afraid to meet with him by herself. So it's definitely ironic that is going on being your biggest supporter. Walsh continued, there's a letter that Benson wrote, and I'm gonna address it. November 28, just keep talking or we can sit here all night. We can sit here all night, because as far as I'm concerned, both have serious credibility issues. We're gonna talk about the issues here. Let's start with Brad Erickson. Back in April, Brad Erickson came out for the first time. I hadn't seen him in a long time, and he came and yelled at us about taking care of his friend Jay Nygard’s garden and if we didn't, well, then I wouldn't be here. So we have manufactured anger with manufactured victimhood and trying to support each other. Let's start with the lie number one with credibility issues. Remember, Brad Erickson came back here in May and June and talked about the secret videos of me that he had that he wanted to show staff. This was his manufactured anger. And he finally admitted after a couple of months, his attorney finally admitted to Soren as he was trying to meet with staff that it was a lie. So that was manufactured anger, manufactured victimhood, lie number one. So now let's talk about the next manufactured anger and manufactured lie, that he decided to come and say that somehow I forced him to remove his wind turbine when he voluntarily took it down from his property in 2020. And even his lawyer called me to say that Brad was wrong that we never said anything like that. But he came and said that this was an issue why I should resign. And that's big lie number two, manufacturing a lie to be angry about. It’s manufacturing victimhood. So what you're seeing, in my opinion, is a pattern of deception, rage and victimhood to try and create rage in the City Council room. Now there's a current video that he has decided to say that supposedly I sent him in 2020, of which I have no recollection and I've got lots of phishing bots that send me links to send all the time on Facebook, Facebook Messenger, AOL, Gmail all the time. But it's interesting, because during the summer of 2020, I was conversing with Brad many times because we were friendly. And he was saying I could throw signs up in his lawn as long as they weren't Democrats. And I mentioned that there was one Democrat and he said I'm going to take it down immediately. And then he MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 21 said many times, it goes into late-2020, early-21 way long after this, Mayor Walsh I’ve been meaning to talk to you about something about Tonkaview. Both our grandsons live there and traffic's a concern. I said I will put you in touch with the right people. Then he said he’d like to meet the new owners of Orono Station in February 2021, I'd be glad to introduce you to them. So all this time that we've been talking, and all of a sudden now he's recreating history of his victimhood. So when it comes to credibility, in my opinion, there's zero credibility coming from Mr. Brad Erickson when it started one lie to the next lie, and it just kept on going. Now we go to Councilmember Benson, which we talked about the Northwest League of Municipalities. Nobody there argued that it was very inappropriate -- the things that you said in a room of elected officials, including Met Council and Hennepin County Commissioners, and whether the Hennepin County Commissioner was the one for this area is irrelevant when you're talking negatively in a room of elected officials about things that we've done as a staff, and then you talk negatively about the Mayor, you're talking negatively about the Council. I don't give you a whole lot of credibility on you coming to the rescue of anything or having you be out there as a spokesman for the City in any capacity. ADJOURNMENT Walsh moved, Johnson seconded, to adjourn the meeting at 8:50 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Ck Reviewed By: RJO Approved By: 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 120798 to 120844 and ACH transaction 2013336 to 20130342 totaling $328,990.23. 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.: 2 Date: March 21, 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: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount American Mechanical Co 03/14/2023 120625 2023.01.27 601-49400-404 REPAIR SOUTH WATER PLANT PIPING Water 506.15- Total 120625:506.15- ALTERNATIVE BUSINESS FURN 03/20/2023 120798 67937 101-41900-221 OFFICE FURNITURE Central Services 2,454.52 Total 120798:2,454.52 AMAZON CAPITAL SERVICE 03/20/2023 120799 1R1N-FLYJ-101-43000-240 MAGNIFYING GLASS X 2 Public Works Department 19.98 AMAZON CAPITAL SERVICE 03/20/2023 120799 1R1N-FLYJ-101-43000-240 EXT CORD Public Works Department 51.00 AMAZON CAPITAL SERVICE 03/20/2023 120799 1R1N-FLYJ-101-43000-240 DEWALT 20V BATTERY Public Works Department 139.16 AMAZON CAPITAL SERVICE 03/20/2023 120799 1R1N-FLYJ-101-43000-222 PASSANGER MIRRIOR 710 Public Works Department 220.95 AMAZON CAPITAL SERVICE 03/20/2023 120799 1R1N-FLYJ-101-45210-221 GOLF CART KNUCKLE ARM DRIVE Golf Course 89.97 AMAZON CAPITAL SERVICE 03/20/2023 120799 1R1N-FLYJ-101-43000-240 PORTO POWER Public Works Department 452.00 AMAZON CAPITAL SERVICE 03/20/2023 120799 1R1N-FLYJ-101-43000-240 WELDING HEMET Public Works Department 89.99 AMAZON CAPITAL SERVICE 03/20/2023 120799 1R1N-FLYJ-101-43000-489 DISCOUNT Public Works Department 18.00- Total 120799:1,045.05 ANCOM TECHNICAL CENTER 03/20/2023 120800 1136310 405-48500-580 RADIOS FOR #505 5,954.75 Total 120800:5,954.75 BIFFS INC 03/20/2023 120801 W902557 101-45200-415 BIFF RENTAL Parks 121.00 BIFFS INC 03/20/2023 120801 W905327 101-45200-415 BIFF RENTAL Parks 121.00 Total 120801:242.00 BOLDUC, BRANDON 03/20/2023 120802 2023.03 BOL 101-22205 ESCROW REFUND - LA22-000066 3365 CRYSTA 700.00 Total 120802:700.00 BYINGTON, JON 03/20/2023 120803 2023.03 BYI 101-22205 ESCROW REFUND - LA22-67 1270 WILDHURST 700.00 Total 120803:700.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0000G 101-41600-307 ADMINISTRATION/GENERAL MATTERS Law/Legal Services 3,521.14 CAMPBELL KNUTSON 03/20/2023 120804 2717-0004G 101-42110-307 POLICE MATTERS 02/23 Police Department 289.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0201G 101-41600-307 MISC RECORDINGS 02/2023 Law/Legal Services 1,022.44 CAMPBELL KNUTSON 03/20/2023 120804 2717-070G 2 101-41600-307 LITIGATION - MERA CLAIM Law/Legal Services 4,076.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CAMPBELL KNUTSON 03/20/2023 120804 2717-0800G 101-42400-307 B&Z STAFF MTGS 02/23 Building & Zoning 442.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0801G 101-41600-307 COUNCIL MEETINGS 02/23 Law/Legal Services 748.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0802G 101-42400-307 B&Z ASSISTANCE 2/23 Building & Zoning 598.80 CAMPBELL KNUTSON 03/20/2023 120804 2717-0803G 101-41600-307 ORDINANCES Law/Legal Services 68.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0831G 101-43280-307 LA22-000051 (3600 IVY PLACE)Special Services 275.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0832G 101-41600-307 LMCD/DRAGONFLY HILL Law/Legal Services 391.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0833G 101-43280-307 LA22-000071 (1224 BRIAR STREER)Special Services 146.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0834G 101-43280-307 LA22-000066 (3365 CRYSTAL BAY ROAD)Special Services 110.00 CAMPBELL KNUTSON 03/20/2023 120804 2717-0835G 101-43280-307 LA22-000067 (1270 WILDHURST TRAIL)Special Services 82.50 CAMPBELL KNUTSON 03/20/2023 120804 2717-0836G 101-43280-307 LA22-000065 (2967 CASCO POINT RD)Special Services 210.50 CAMPBELL KNUTSON 03/20/2023 120804 2717-0837G 101-43280-307 LA22-000060 (2474 CARMAN STREET)Special Services 82.50 CAMPBELL KNUTSON 03/20/2023 120804 2717-0838G 101-43280-307 LA22-000069 (2480 CARMAN STREET)Special Services 82.50 CAMPBELL KNUTSON 03/20/2023 120804 2717-0839G 101-43280-307 RPS22-000116 (1105 TANGER HILL)Special Services 36.00 Total 120804:12,181.38 CENTERPOINT ENERGY MAIN 03/20/2023 120805 2023.02 601-49400-381 GAS SERVICE 01/20/23-2/20/2023 Water 1,590.13 CENTERPOINT ENERGY MAIN 03/20/2023 120805 2023.02 602-49450-381 GAS SERVICE 01/20/23-2/20/2023 Sewer 1,493.65 CENTERPOINT ENERGY MAIN 03/20/2023 120805 2023.02 101-41900-381 GAS SERVICE 01/20/23-2/20/2023 Central Services 3,189.81 CENTERPOINT ENERGY MAIN 03/20/2023 120805 2023.02 101-42110-381 GAS SERVICE 1/20/23-2/20/2023 Police Department 960.82 CENTERPOINT ENERGY MAIN 03/20/2023 120805 2023.02 101-45210-381 GAS SERVICE 01/20/23-02/20/2023 Golf Course 664.92 Total 120805:7,899.33 CenturyLink 03/20/2023 120806 632619042 L 614-49840-329 INTERNET 2/08/23-3/07/2023 LUMEN Cable Franchise 1,057.04 Total 120806:1,057.04 CHUNKS LAKESHORE AUTO 03/20/2023 120807 0019644 101-42110-402 SQUAD MAINT # 266 OIL/FILTER CHANGE/ REPL Police Department 58.29 CHUNKS LAKESHORE AUTO 03/20/2023 120807 0019648 101-42110-402 SQUAD MAINT # 256 OIL/FILTER CHANGE/ WIPE Police Department 95.16 Total 120807:153.45 CITY OF BLOOMINGTON 03/20/2023 120808 31911 601-49400-489 LAB FEES Water 36.00 Total 120808:36.00 ECM PUBLISHERS INC 03/20/2023 120809 936169 101-42400-340 PH FOR B&Z Building & Zoning 44.70 ECM PUBLISHERS INC 03/20/2023 120809 936355 101-45210-340 ADVERTISING Golf Course 317.25 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120809:361.95 G&H Distributing & Supply Inc 03/20/2023 120810 00167316 701-49800-403 HYDRANT HOSE - UNIT 428,48.75 G&H Distributing & Supply Inc 03/20/2023 120810 00167435 101-45210-404 MOWER REPAIR Golf Course 12.99 Total 120810:61.74 GB Auto Service, Inc.03/20/2023 120811 10582 701-49800-402 POWER STEERING REPAIR UNIT 409 237.23 Total 120811:237.23 GENUINE PARTS COMPANY/NA 03/20/2023 120812 3270-562902 701-49800-215 FUSES 12.34 GENUINE PARTS COMPANY/NA 03/20/2023 120812 3270-563231 701-49800-215 OIL SEAL FOR UNIT LLFD U11 86.44 GENUINE PARTS COMPANY/NA 03/20/2023 120812 3270-563327 701-49800-215 BOBCAT BROOM REPAIR 62.07 Total 120812:160.85 GOPHER ACE 03/20/2023 120813 014698/1 101-41900-223 PAINT SUPPLIES Central Services 15.98 GOPHER ACE 03/20/2023 120813 14728/1 101-41900-223 PAINT SUPPLIES Central Services 46.55 GOPHER ACE 03/20/2023 120813 14755 101-41900-223 PAINT SUPPLIES Central Services 11.97 GOPHER ACE 03/20/2023 120813 14825 101-45200-404 EQUIPMENT REPAIR Parks 8.49 GOPHER ACE 03/20/2023 120813 14890 101-43000-224 TURNBUCKELS Public Works Department 11.58 Total 120813:94.57 GOPHER STATE ONE CALL 03/20/2023 120814 3020659 602-49450-227 LOCATES - SEWER Sewer 56.03 GOPHER STATE ONE CALL 03/20/2023 120814 3020659 601-49400-489 LOCATES - WATER Water 56.02 Total 120814:112.05 HENNEPIN COUNTY SHERIFF 03/20/2023 120815 1000203044 101-42110-414 MONTHLY RADIO FEE Police Department 2,831.96 Total 120815:2,831.96 HENNEPIN COUNTY TREASUR 03/20/2023 120816 LICENSE 20 101-45210-441 GC LICENSE Golf Course 407.00 Total 120816:407.00 HOLIDAY COMPANIES 03/20/2023 120817 0796010323 101-42110-402 SQUAD WASHES Police Department 236.50 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120817:236.50 JESSICA RASMUSSEN 03/20/2023 120818 2023.03 101-42110-201 OFFICE SUPPLIES Police Department 10.20 Total 120818:10.20 JOHNSON FITNESS & WELLNE 03/20/2023 120819 22-040218 101-42110-221 GYM MAINTENANCE Police Department 359.00 Total 120819:359.00 Jon Ressler 03/20/2023 120820 2023.03 999-10016 OVER PYMT FOR INVOICE LA22-17 302.50 Total 120820:302.50 KYLE KIRSCHNER 03/20/2023 120821 2023.03 101-42110-226 CLOTHING REIMBURSEM -KIRSCHNERENT Police Department 373.94 Total 120821:373.94 LANO EQUIPMENT INC 03/20/2023 120822 03-979741 101-45200-404 EQUIPMENT REPAIR Parks 242.27 Total 120822:242.27 MACQUEEN EQUIPMENT LLC 03/20/2023 120823 P08588 405-48500-580 UPGRADE/REPLACEMENT PARTS FOR #505 1,349.00 MACQUEEN EQUIPMENT LLC 03/20/2023 120823 P08628 405-48500-580 UPGRADE/REPLACEMENT PARTS FOR #505 9,142.56 MACQUEEN EQUIPMENT LLC 03/20/2023 120823 W11631 602-49450-403 713 REFRIB REVIEW AND REPAIR Sewer 1,032.72 Total 120823:11,524.28 MANSFIELD OIL COMPANY 03/20/2023 120824 24070165 101-45210-212 UNLEADED FUEL Golf Course 507.02 MANSFIELD OIL COMPANY 03/20/2023 120824 24070190 101-45210-212 DIESEL FUEL Golf Course 1,234.58 MANSFIELD OIL COMPANY 03/20/2023 120824 24095141 701-49800-212 DIESEL FUEL 3,113.38 MANSFIELD OIL COMPANY 03/20/2023 120824 34095142 101-42110-212 UNLEADED FUEL Police Department 4,290.59 MANSFIELD OIL COMPANY 03/20/2023 120824 34095155 701-49800-212 DIESEL FUEL 897.97 MANSFIELD OIL COMPANY 03/20/2023 120824 MNPLY1390 101-42110-212 UNLEADED FUEL Police Department 147.13 Total 120824:10,190.67 METROPOLITAN COUNCIL ENVI 03/20/2023 120825 0001152922 602-49450-383 WASTWATER SERVICE 04/2023 Sewer 63,916.11 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120825:63,916.11 MTI DISTRIBUTING INC 03/20/2023 120826 1376602-00 101-45210-212 OIL AND FILTERS Golf Course 1,129.82 MTI DISTRIBUTING INC 03/20/2023 120826 1376602-01 101-45210-221 EQUIPMENT PARTS Golf Course 175.96 Total 120826:1,305.78 Myers Tire Supply Distribution, Inc 03/20/2023 120827 31603211 405-48500-580 TIRE BALANCING EQUIPMENT 17,405.00 Total 120827:17,405.00 NAVARRE HARDWARE 03/20/2023 120828 340971 101-43000-240 RACHET EXTENION Public Works Department 16.99 NAVARRE HARDWARE 03/20/2023 120828 341040 101-43000-240 SOCKET ADAPTER Public Works Department 5.99 Total 120828:22.98 Occupational Health Centers of M 03/20/2023 120829 420418 101-42110-319 PHYSICAL LYREK Police Department 78.00 Total 120829:78.00 OPD BUSINESS SOLUTIONS LL 03/20/2023 120830 2949642450 101-41900-201 NOTEBOOKS, PENS Central Services 57.83 OPD BUSINESS SOLUTIONS LL 03/20/2023 120830 3003228340 101-42110-201 OFFICE SUPPLIES Police Department 114.87 OPD BUSINESS SOLUTIONS LL 03/20/2023 120830 3024265230 101-41900-201 OFFICE SUPPLIES Central Services 19.99 OPD BUSINESS SOLUTIONS LL 03/20/2023 120830 3024271380 101-41900-221 ADDRESS STAMP Central Services 58.28 OPD BUSINESS SOLUTIONS LL 03/20/2023 120830 3028085600 101-41900-201 OFFICE SUPPLIES Central Services 62.08 OPD BUSINESS SOLUTIONS LL 03/20/2023 120830 3028293340 101-41900-201 INK FOR PLOTTER Central Services 321.00 Total 120830:634.05 QUADIENT INC 03/20/2023 120831 7790004306 101-41900-322 POSTAGE REFILL Central Services 53.63 Total 120831:53.63 Reinders Inc.03/20/2023 120832 3093333-00 101-45210-216 FERTILIZER Golf Course 10,555.14 Total 120832:10,555.14 REPUBLIC SERVICES #894 03/20/2023 120833 0894-006138 101-41900-404 TRASH SERVICE 2/1/23-2/28/23 Central Services 890.34 REPUBLIC SERVICES #894 03/20/2023 120833 0894-006138 101-43100-404 TRASH SERVICE 2/1/23-2/28/23 Brush Site 40.47 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount REPUBLIC SERVICES #894 03/20/2023 120833 0894-006138 101-45200-404 TRASH SERVICE 2/1/23-2/28/23 Parks 991.52 REPUBLIC SERVICES #894 03/20/2023 120833 0894-006138 101-45210-404 TRASH SERVICE 2/1/23-2/28/23 Golf Course 101.17 Total 120833:2,023.50 SIR LINES A LOT LLC 03/20/2023 120834 H22-1032-00 101-43000-408 PAINT LINES ON THE ROADS Public Works Department 708.44 Total 120834:708.44 STREICHERS POLICE EQUIP 03/20/2023 120835 1619727 101-42110-226 UNIFORMS BUCHANAN Police Department 104.98 STREICHERS POLICE EQUIP 03/20/2023 120835 1621955 101-42110-226 UNIFORMS - STURM Police Department 12.00 STREICHERS POLICE EQUIP 03/20/2023 120835 1621998 101-42110-226 UNIFORMS (VEST) - LYREK Police Department 1,446.00 Total 120835:1,562.98 TAUTON, PAUL 03/20/2023 120836 2023.03 TAU 101-22205 ESCROW REFUND - LA22-000051 (3600 IVY PLA 700.00 Total 120836:700.00 THOMAS REUTERS - WEST 03/20/2023 120837 847904852 101-42110-311 MONTHLY INV EXPENSE Police Department 270.53 Total 120837:270.53 TimeSaver Off Site Secretarial Inc 03/20/2023 120838 M28032 101-41300-319 CC MEETING MINUTES Administration 318.00 TimeSaver Off Site Secretarial Inc 03/20/2023 120838 M28032 101-42400-319 PC MINUTES Building & Zoning 398.25 Total 120838:716.25 TONKA BUILT LLC 03/20/2023 120839 2556 225-45200-580 BIG ISLAND DOCK REPAIR 15,720.16 Total 120839:15,720.16 VALLEY RICH CO 03/20/2023 120840 31763 601-49400-405 CURB STOP REPAIR @ 1780 SHADYWOOD RD Water 7,976.69 Total 120840:7,976.69 VAULT HEALTH 03/20/2023 120841 FL00525212 101-43000-319 DRUG TESTING Public Works Department 59.38 VAULT HEALTH 03/20/2023 120841 FL00550269 101-43000-319 DRUG TESTING Public Works Department 59.38 VAULT HEALTH 03/20/2023 120841 FL00566764 101-43000-319 DRUG TESTING Public Works Department 118.76 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 120841:237.52 VERIZON WIRELESS 03/20/2023 120842 9929431676 101-41900-321 VERIZON BILL 03/07/2023-04/06/2023 Central Services 267.45 VERIZON WIRELESS 03/20/2023 120842 9929431676 101-42110-321 VERIZON BILL 03/07/2023-04/06/2023 Police Department 1,815.34 VERIZON WIRELESS 03/20/2023 120842 9929431676 101-42400-321 VERIZON BILL 03/07/2023-04/06/2023 Building & Zoning 162.36 VERIZON WIRELESS 03/20/2023 120842 9929431676 101-43000-321 VERIZON BILL 03/07/2023-04/06/2023 Public Works Department 1,105.05 VERIZON WIRELESS 03/20/2023 120842 9929431676 101-43100-321 VERIZON BILL 03/07/2023-04/06/2023 Brush Site 75.02 VERIZON WIRELESS 03/20/2023 120842 9929431676 101-45200-321 VERIZON BILL 03/07/2023-04/06/2023 Parks 120.04 VERIZON WIRELESS 03/20/2023 120842 9929431676 101-45210-321 VERIZON BILL 03/07/2023-04/06/2023 Golf Course 80.03 VERIZON WIRELESS 03/20/2023 120842 9929431676 601-49400-321 VERIZON BILL 03/07/2023-04/06/2023 Water 156.23 VERIZON WIRELESS 03/20/2023 120842 9929431676 602-49450-321 VERIZON BILL 03/07/2023-04/06/2023 Sewer 110.03 Total 120842:3,891.55 WELDON, BRENT 03/20/2023 120843 03102023 601-49400-437 WATER SCHOOL AND TESTING Water 226.50 Total 120843:226.50 XCEL ENERGY 03/20/2023 120844 817751206 101-42110-381 ELECTRIC SERVICE 1/27/23-02/26/23 140 HACKB Police Department 28.42 XCEL ENERGY 03/20/2023 120844 818600368 101-45210-381 ELECTRIC SERVICE 01/22/23-2/26/23 Golf Course 186.88 XCEL ENERGY 03/20/2023 120844 818600368 601-49400-381 ELECTRIC SERVICE 01/25/23-2/26/23 Water 7,272.93 XCEL ENERGY 03/20/2023 120844 818600368 101-45200-381 ELECTRIC SERVICE 01/25/23-2/26/23 Parks 52.92 XCEL ENERGY 03/20/2023 120844 818600368 101-43000-386 ELECTRIC SERVICE 01/25/23-2/26/23 Public Works Department 2,811.98 XCEL ENERGY 03/20/2023 120844 818600368 101-43000-381 ELECTRIC SERVICE 01/25/23-2/26/23 Public Works Department 212.52 XCEL ENERGY 03/20/2023 120844 818600368 101-42110-381 ELECTRIC SERVICE 01/25/23-2/26/23 Police Department 41.24 XCEL ENERGY 03/20/2023 120844 818600368 101-42110-381 ELECTRIC SERVICE 01/25/23-2/26/23 Police Department 1,522.39 XCEL ENERGY 03/20/2023 120844 818600368 602-49450-381 ELECTRIC SERVICE 01/25/23-2/26/23 Sewer 7,907.22- XCEL ENERGY 03/20/2023 120844 818600368 101-41900-381 ELECTRIC SERVICE 01/25/23-2/26/23 Central Services 2,512.14 Total 120844:6,734.20 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-41110-439 LUNDS & BYERKTS - CC MTG FOOD Mayor & Council 28.97 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-41300-439 MY BURGER -CC MEETING FOOD Administration 129.03 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-41110-439 ORONO MKT -CC MEETING FOOD Mayor & Council 6.99 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-41110-439 LUNDS & BYERLYS -CC MEETING FOOD Mayor & Council 108.48 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-41300-437 ICMA MEMBERSHIP Administration 952.00 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-43000-240 SHOP TOOL Public Works Department 44.99 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-43000-441 HSEM TIER 2 REPORTING Public Works Department 229.84 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 601-49400-227 PLUMING FOR WATER STATION Water 35.95 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-43000-224 OUT SIDE OUTLET BOX FOR DAMAGE DONE TO Public Works Department 21.49 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 601-49400-437 WATER SCHOOL Water 275.00 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-43000-489 AMAZON PRIME RENEWAL Public Works Department 179.00 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 601-49400-437 WATER AND SEWER TRAINING - DJ, SCOTT Water 550.00 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-41900-201 EMPLOYEE ID CARDS Central Services 100.00 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-42400-437 INTL CODE COUNCIL INC- GARY INSPECTOR CL Building & Zoning 190.00 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-42400-437 INTL CODE COUNCIL INC- NICOLE CLASS Building & Zoning 380.00 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 710-49970-416 GOTOMEETING 2,387.07 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 601-49400-201 UB ENVELOPES Water 116.75 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 602-49450-201 UB ENVELOPES Sewer 116.75 CARDMEMBER SERVICE 03/20/2023 201303 01/21/2023-0 101-41500-437 UB ENVELOPES Finance Department 70.00 Total 20130338:5,922.31 INNOVO BENEFITS ADMINISTR 03/20/2023 201303 1269029 101-15998 HEALTH INSURANCE 4/23 - COBRA NON EMPLY 784.74 INNOVO BENEFITS ADMINISTR 03/20/2023 201303 1269029 101-21706 HEALTH INSURANCE 4/23 72,275.54 Total 20130339:73,060.28 METROPOLITAN COUNCIL- SAC 03/20/2023 201303 2023.03 101-20809 SAC 02/2023 54,670.00 METROPOLITAN COUNCIL- SAC 03/20/2023 201303 2023.03 101-39610 SAC 02/2023 546.70- Total 20130340:54,123.30 MN DEPT OF REVENUE-WIRE 03/20/2023 201303 2023.02 sac 601-20806 WATER TAXABLE SALES 2/23 72.00 MN DEPT OF REVENUE-WIRE 03/20/2023 201303 2023.02 sac 601-20806 WATER TAXABLE SALES 2/23 660.00 MN DEPT OF REVENUE-WIRE 03/20/2023 201303 2023.02 sac 101-37930 BEER - SALES TAX 2/23 5.00 MN DEPT OF REVENUE-WIRE 03/20/2023 201303 2023.02 sac 101-37940 CONCESSIONS - SALES TAX 2/23 16.00 Total 20130341:753.00 PSN: PAYMENT SERVICE INVOI 03/20/2023 201303 273819 601-49400-312 WATER FUND PSN FEES Water 317.71 PSN: PAYMENT SERVICE INVOI 03/20/2023 201303 273819 602-49450-312 SEWER FUND PSN FEES Sewer 645.04 PSN: PAYMENT SERVICE INVOI 03/20/2023 201303 273945 101-41900-312 MISC PSN FEES Central Services 1.65 PSN: PAYMENT SERVICE INVOI 03/20/2023 201303 274096 101-41900-312 BUILDING PERMIT PSN FEES Central Services 3.85 Total 20130342:968.25 Grand Totals: 328,990.23 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 3/14/2023 - 3/20/2023 Mar 16, 2023 01:00PM AGENDA ITEM Prepared By: A. Carlson Reviewed By: A.Carlson Approved By: 1. Purpose. The purpose of this action item is to approve Rental Licenses. 2. License Applicant(s) Name Address License # Period DonaNone- Dona Gleason 3541 Lyric Avenue RL23-000002 01/01/2023-12/31/2024 Bryan Sinkel 2265 Blaine Avenue RL23-000003 01/01/2023-12/31/2024 3. Staff Recommendation. Staff recommends approval of the Rental licenses listed above. The License Applicant has submitted all of the requested documents and has met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental license listed above. Item No.: 3 Date: March 21, 2023 Item Description: Approval of Rental Licenses Presenter: Anna Carlson City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: LLO Reviewed By: ND Approved By: 1. Purpose. The purpose of this action item is to make appointments to the Planning Commission. 2. Background. The Planning Commission is made up of seven members who serve three-year terms. In addition, the Commission can have alternate members. Commissioner Scott Kirchner would like to be considered for re-appointment. Commissioner Gettman has not requested to be reappointed and has not attended a meeting since 2020. Gettman’s departure leaves one opening on the Commission. Gary Kraemer, is currently an alternate. He has expressed interest in becoming a regular commission member. The other current alternate member, Dave Perterson has shared he has limited availability to attend. Appointing Kraemer as a regular member would result in a fully staffed commission with no alternates. 3. Current Commissioners. Commissioner Term Expires Bob Erickson March 31st. 2024 Dennis Libby March 31st. 2024 Jon Ressler March 31st. 2024 Mark McCutcheon March 31st. 2025 Mathew Gettman March 31st. 2025 Chris Bollis March 31st. 2025 Scott Kirchner March 31st. 2023 Alternate Commissioner Term Expires Dave Peterson Annual Gary Kraemer Annual 4. New Applicants. We have received one new application. This individual was not available for an interviewed in March, however staff is coordinating an appropriate time to interview the applicant at a future council work session. This applicant would be considered for the vacant alternate position. 5. Recommendation. Staff recommends the reappointment of Scott Kirchner, new appointment of Gary Kraemer as a regular commissioner, removal of Dave Peterson as an alternate and appointing Chris Bollis as Planning Commission Chair. COUNCIL ACTION REQUESTED Motion to adopt the Resolution No. 7347 Exhibits A. Resolution to Appoint Park Commissioners Item No.: 4 Date: March 21, 2023 Item Description: Appointment of Planning Commissioners – Resolution No. 7347 Presenter: Laura Oakden Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7347 A RESOLUTION DESIGNATING APPOINTMENTS TO THE ORONO PLANNING COMMISION BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments for the Orono Planning Commission are as follows: APPOINTMENT/DESIGNATION Term End Name Planning Commission Chair March 31, 2025 Chris Bollis Planning Commissioner Reappointment March 31st, 2026 Scott Kirtchner Planning Commissioner March 31st, 2026 Gary Kreamer Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held March 21, 2023 ATTEST: ______________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of the action item is to forecast future work session agendas. 2. Background / Summary. The Official Meetings Calendar Adopted by the Council establishes a work session meeting at 5 PM on the same days as regular council meetings which begin at 6 PM. 3. Next Work Session. The draft agenda for the next work session includes discussions on 2024 Street Maintenance and planning Commission interview(s). 4. Work Session Items. The table below depicts topics for works sessions. Those shaded have already occurred. Those in the future are predicted topics based on past years. Date Subject Date Subject 9 Jan 23 -THC License discussion - Navarre Parking Lot Funding 10 Jul 23 23 Jan 23 None-Mtg Cancelled 24 Jul 23 - General Fund Budget Update 13 Feb 23 - Brush and Leaf Disposal - City Council -Staff Procedures 14 Aug 23 27 Feb 23 - City Council -Staff Procedures - Park Commissioner interviews-if needed 28 Aug 23 13 Mar 23 -No items -Cancelled 11 Sep 23 - Enterprise Budgets Update 21 Mar 23 - Planning Commissioner interviews-if needed 25 Sep 23 10 Apr 23 - 2024 Street Maintenance 9 Oct 23 - CIP Update 24 Apr 23 - Retaining wall Discussion - Planning Commission Interview 23 Oct 23 8 May 23 13 Nov 23 22 May 23 - Draft Fire Needs Study Report 27 Nov 23 - Fee Schedule Update 12 Jun 23 - THC Legislation Update - Average Lakeshore Setbacks 11 Dec 23 26 Jun 23 - Preliminary Budget Guidance 5. Staff Recommendation. I recommend holding the next Work Session as scheduled. COUNCIL ACTION REQUESTED Hold next Council Work Session as scheduled. Item No.: 5 Date: March 21, 2023 Item Description: Next Work Session Draft Agenda Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda Item No.: 6 Date: March 21, 2023 Item Description: Approval to Accept Donation – Brian Gerhardson – Resolution No. 7348 Presenter: DJ Goman, Public Works Superintendent Agenda Section: Consent Agenda AGENDA ITEM 1. Purpose. The purpose of this action item is to gain approval to accept a donation to the City. 2. Background. Brian Gerhardson has donated eight Public Works and First Responder flags as well as a donation in the amount of $1000.00 to be used to purchase flags, brackets, etc. 3. Donation Received. Donor Donation Description Donation Value Donation Purpose Brian Gerhardson Eight Flags and Cash $1000.00 Flags for around the City 4. Staff Recommendation. I recommend the city accept the generous donation from Brian Gerhardson COUNCIL ACTION REQUESTED Motion to approve Resolution No. 7348 Exhibits A. Resolution to accept donation. Prepared By: DJG Reviewed By: A.Carlson Approved By: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7348 RESOLUTION ACCEPTING DONATION WHEREAS, Brian Gerhardson wishes to make a donation to the City of Orono (“City”) eight Public Works and First Responder flags as well as a donation in the amount of $1000.00 to be used to purchase flags, brackets, etc. This donation is being made in memory of his brother, who was a seasonal worker for the Parks and Golf Course. WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 21th day of March, 2023, by the City Council of the City of Orono. CITY OF ORONO By: Dennis Walsh, Mayor ATTEST: Anna Carlson, Clerk AGENDA ITEM Prepared By: DJG Reviewed By: ND Approved By: 1. Purpose. The purpose of this council action is to recognize Mr. Barry Rathbun 2. Background. Barry Rathbun reached his 34th anniversary of employment with the City of Orono on July 6th of last year. Barry has decided to retire with his last day being April 23rd, 2023 3. Staff Recommendation. Staff recommends Council approve the attached resolution recognizing Barry’s many years of service to the City. Barry’s has been an exemplary employee. His service has been characterized by his dedication and hard work. COUNCIL ACTION REQUESTED Motion adopt the attached Resolution No. 7349. Exhibits A. Resolution of appreciation Item No.: 7 Date: March 21, 2023 Item Description: Barry Rathbun’s Retirement – Resolution 7349 Presenter: D.J. Goman Superintendent of Public Works Agenda Section: Consent Agenda A RESOLUTION OF APPRECIATION TO EMPLOYEE BARRY RATHBUN FOR HIS THIRTY 34 YEARS & 10 MONTHS OF DEDICATED SERVICE RESOLUTION NO. 7349 WHEREAS, Barry Rathbun was appointed as a Public Works Maintenance Worker on July 6th, 1988; and WHEREAS, Barry’s has for 34 years & 10 months expertly maintained the City’s streets, sanitary sewers, water systems, storm sewers and parks; and WHEREAS, Barry’s service has been characterized by his ingenuity, dedication, “can do” spirit and teamwork; and WHEREAS, Barry has developed and displayed outstanding technical skills in the execution of his duties; and WHEREAS, Barry set the example for his fellow public servants with his positive attitude, calm demeanor and service focus; and WHEREAS, Barry Rathbun’s 34 years & 10 months of service have been characterized by his dedication to providing the highest quality service to the city and its citizens; and NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council, staff and residents wish to extend their utmost appreciation and gratitude to Barry Rathbun for his service to the community as a Public Works Maintenance Worker. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 21st day of March 2023. ATTEST: ___________________________ _________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: RJO Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to approve an operating transfer from the Enterprise Funds for their share of the 2021 road projects. 2. Background / Summary. Road projects often involve improvements for Stormwater, Water, and Sewer. When requests for payments are received, the entire payment is charged to the Pavement Management Fund (PMP). When the project is completed, the enterprise funds reimburse the PMP. The 2021 Road projects have been completed and the enterprise funds share should be transferred to the PMP. This transfer will be recorded in the 2022 financial statements. The transfers are in the following table. From To Amount Water Fund Pavement Management Fund $121,077.77 Sewer Fund Pavement Management Fund $ 12,695.00 Stormwater Fund Pavement Management Fund $391,321.68 3. Staff Recommendation. Staff recommends approval of the 2022 operating transfer from the Stormwater, Water, and Sewer Funds as presented. COUNCIL ACTION REQUESTED Motion to approve the 2022 operating transfer from the Stormwater, Water, and Sewer Funds as presented Item No.: 8 Date: March 21, 2023 Item Description: Approval to Allocate 2021 Road Project Costs Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda AGENDA ITEM Prepared By: RJO Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action is to create two separate funds: The Police Capital Fund and the Fire Capital Fund. This would include a transfer of funds already identified as being for capital items that are currently recorded on other funds. 2. Background. As part of the annual Capital Improvement Plan approval, staff has been working on segregating funds based on their intended purpose. In keeping with that goal and to improve transparency, staff would like to create two new funds: the Police Capital Fund; and the Fire Capital fund. Currently there are funds designated specifically for Police and Fire that are not in their own funds. Since 2013, the City has been setting aside funds from the unspent amounts in the police budget that relate to our service contracts with Spring Park and Minnetonka Beach. The retaining of funds for future police related expenditures is a requirement identified in the police service contracts. The funds are currently being recorded in the PIR fund. As of 12/31/2022, including a transfer of $74,000 for the 2022 budget year, is $430,859. Included in the city’s operating annual budget is a transfer from the General Fund to the Improvement Equipment Outlay Fund for purchase of equipment. A portion of the transfer is designated for fire equipment. Currently, the amount for fire is only identifiable on the balance sheet as a designation of fund balance. A separate spreadsheet is needed to keep a running total of the balance. Creation of a Fire Capital Fund will create efficiencies in the accounting process and increase transparency to the public. The current amount in the IEO Fund for fire is $80,500. 3. Staff Recommendation. Staff recommends approval of the attached resolution creating the Police Capital Fund and the Fire Capital Fund and approving the corresponding fund transfers. COUNCIL ACTION REQUESTED Motion to approve Resolutions 7350 & 7351, Exhibits A. Resolution – Creating Police Capital Fund B. Resolution – Creating Fire Capital Fund Item No.: 9 Date: March 21, 2023 Item Description: Approval to Establish Police and Fire Capital Funds – Resolution No. 7350 & Resolution 7351 Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7350 A RESOLUTION TO CREATE THE POLICE CAPITAL FUND WHEREAS, the police service contacts with Minnetonka Beach and Spring Park refer to retaining unspent budgeted funds into a Police CIP; and WHEREAS, the funds have been being transferred to the Permanent Improvement Revolving (PIR) Fund; and WHEREAS, the PIR fund is designed to provide temporary funding for projects that do not have a permanent funding source which varies from the concept of retained funds, and; WHEREAS, the PIR through 12/31/2022 has retained funds in the amount of $430,859; NOW, THEREFORE, BE IT RESOLVED that the Police Capital Fund be created through a transfer of $430,859 from the PIR fund. 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7351 A RESOLUTION TO CREATE THE FIRE CAPITAL FUND WHEREAS, the city has annually transferred an amount from the General Fund to the Improvement Equipment Outlay Fund (IEO) for the purchase of fire capital improvements; and WHEREAS, the transferred funds are only identifiable by a designation of fund balance on the city’s financial statements; and WHEREAS, the city has been working towards creating separate funds for each Capital Improvement Plan Table, and; WHEREAS, the current balance designated for fire equipment in the IEO fund is $80,500; NOW, THEREFORE, BE IT RESOLVED that the Fire Capital Fund be created through a transfer of $80,500 from the IEO fund. 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 AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: Item No.: 10 Date: March 21, 2023 Item Description: LA22-000070 – Stacy Kromenhoek, 4085 Watertown Road After-the-Fact Variance – Resolution No. 7352 Presenter: Natalie Nye, Planner Agenda Section: Consent Agenda 1. Purpose. This application is regarding an after-the-fact variance for a side yard setback for deck stairs. 2. MN§15.99 Application Deadline. The application was received on December 14, 2022 and considered to be complete on January 20, 2023. The original 60-Day review period expires on March 31, 2023. A 60-day extension was administratively granted and therefore the application expires on May 21, 2023. 3. Background/ Summary. At the March 13, 2023 meeting, the City Council reviewed this application for an after-the-fact 17.3-foot side yard setback variance for existing deck stairs. Following the review, the Council voted 4-0 on a motion to direct staff to draft a resolution for approval. 4. Staff Recommendation. Staff has drafted an approval resolution for Council’s consideration. COUNCIL ACTION REQUESTED Motion to Approve Resolution No. 7352. Exhibits A. Draft Approval Resolution No. 7352 B. Council Staff Report 03/13/2023 References Council Packet 03/13/2023 PC Packet 2/21/2023 Draft Council Minutes 03/13/2023 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7352 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-395 FILE NO.LA22-000070 WHEREAS, on December 14, 2022, Stacy Kromenhoek (hereinafter the “Applicant”), applied for an after-the-fact variance from the City Code for the property addressed 4085 Watertown Road and legally described as: That part of SE ¼ Sec. 31, T 118, R23, beginning at intersection of CL of Watertown Road, with east line of west 10 acres of that part of east ½ of SE ¼ lying east of west 35 rods and southerly of CL said road and northerly of luce line trail; thence south along said east line 396 ft thence right at right angles 72.94 feet; thence north at right angles 299.6 feet: thence west at right angles 9.56 feet; thence north at right angles to CL of said road: thence sely along said CL to point of beginning. Except road, Hennepin County, MN (hereinafter the “Property”); WHEREAS, the Applicant has made an application to the City of Orono for an after-the- fact variance to Orono Municipal Zoning Code Section 78-395 to allow a constructed deck and deck stairs 17.3 feet from the northern property line, where a 19-foot setback is permitted per previous Resolution 7186; and WHEREAS, on February 21, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commissi on 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 February 21, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on March 13, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and voted 4 to 0 to direct preparation of findings for approval of the variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following Findings of Fact and Analysis concerning the Property: FINDINGS OF FACT: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7352 2 1.This application was reviewed as Zoning File #LA22-000070. 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 i ncorporated by reference. 2.The Property is located in the RR-1A One-Family Rural Residential Zoning District. 3.The Property contains 0.65 acres in area or 28,531 square feet. 4.Applicant has applied for the following variance: a.Side Yard Setback 5.In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1.“Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variance is in harmony with the purpose of the Ordinance. The proposed side yard setback is reasonable for a lot that is substandard in size and width. 2.“Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variance to allow an existing deck and deck stairs to remain in place serving a single-family home is consistent with the comprehensive plan. 3.“Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a.The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit an already constructed deck and deck stairs 17.3 feet from the northern property line is reasonable for a lot that is substandard in width and size. b.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The placement of the deck and deck stairs was not the result of the homeowner’s actions. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7352 3 c.The variance, if granted, will not alter the essential character of the locality.” The side yard setback of 17.3 feet is not substantially different than the 19-foot side yard setback previously approved. The variance will not impact the character of the neighborhood. 4.“Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5.“Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6.“The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is an allowed use in the RR-1A District. 7.“The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8.“The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The property’s substandard size and width orientation with respect creates difficulties which are unique to the property. 9.“The conditions do not apply generally to other land or structures in the district in which the land is located.” The property’s substandard size and width creates difficulties which are unique to this property. 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a side yard setback variance is necessary to preserve the constructed deck and deck stairs and preserves the rights of the property owner. 11.“The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested side yard setback variance in this unique situation is not contrary to the intent of the zoning chapter. 12.“The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances for the side yard setback is necessary, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7352 4 and does not merely serve as a convenience to the applicant as the property has considerable 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 78-395 to allow a deck and deck stairs to be 17.3 feet from the northern property line subject to the following conditions: 1.Council approval is based on the entire record, above Findings. 2.The approved project shall conform to the attached site plan submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibit A. 3.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4.Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by completing any outstanding inspections regarding the existing stairs. Any outstanding inspections must be completed within one year of the date of Council approval, or the variance will expire on that date (March 21, 2024). 5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 21st day of March, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor / EXISTING HOUSE THE EAST LINE OF THE WEST 10 ACRES OF THAT PART OF , , EAST 1 /2 OF SE 1 / 4 SEC. 31, T 118, R23 AS MONUMENTED/ PER GRONBERG AND ASSOC SURVEY DATED 9/15/15 0 HOUSE ELEVATIONS MAIN FLOOR =TOP FOUNDATION = GARAGE FLOOR -LOWEST FLOOR = 20 40 60 GARAGE SCALE IN FEET EXISTING HOUSE = EXISTING SPOT ELEV A TION. X(998.0) = PROPOSED SPOT ELEVATION ' . = DIRECTION SURF ACE DRAINAGE COH = CANTILEVERED OVERHANG OHL = OVERHEAD UTILITY LINE GFE = GARAGE FLOOR ELEV A TION TFE = TOP OF FOUNDATION ELEVATION LFE = LOWEST FLOOR ELEV A TION IASBUILT 11000.0 994.8 990.0 990.1 ASBULT HARDCOVER HOUSE -1460 SF DECKSTRS = 540 SF DRIVEAPRON= 120 SF FWALKSTEP= 160 SF ROCK DRIVE = 1025 SF (TO LOT LINE) STEPS = 12 SF PATIO -64 SF (N/C UNDER DECK) TOTAL -3317 SF/11.6% DESCRIPTION: THAT PART OF SE 1 / 4 SEC. 31, T 118, R23, BEGINNING AT INTERSECTION OF CL OF WATERTOWN ROAD, WITH EAST LINE OF WEST 10 ACRES OF THAT PART OF EAST 1 /2 OF SE 1 / 4 LYING EAST OF WEST 35 RODS AND SOUTHERLY OF CL OF SAID ROAD AND NORTHERLY OF LUCE LINE TRAIL; THENCE SOUTH ALONG SAID EAST LINE 396 FT THENCE RIGHT AT RIGHT ANGLES 72.94 FEET; THENCE NORTH AT RIGHT ANGLES 299.6 FEET:THENCE WEST AT RIGHT ANGLES 9.56 FEET; THENCE NORTH AT RIGHT ANGLES TO CL OF SAID ROAD: THENCE SEL Y ALONG SAID CL TO POINT OF BEGINNING. EXCEPT ROAD, HENNEPIN COUNTY, MN ADDRESS 4085 WATERTOWN ROAD ORONO, MN. 55359 PID# 31-118-23-41-0005 LOT AREA = 28526 SF/ 0.64 AC � <( z 0 � e= <( "i z 0 1-,.. LL ;;a! - � vj - <,:: -.J II � t;: � � 'O "W C: 2:> 0:::,- ...J (/) a:: ... Q,0 .,.-:::;:o n Q)� l{) �o l[J "1;)..J z -1-;U:::;:"' ����� �>-4'. .!. ..J Cl'.'. >-(.) �j �� V)a:: �� ::3� Q:)� V") Ct::"'( \,,,, � g w " -"' "' :,, � -N o-N 8 0) � ci � �u w Q ? w � 0 � If < w 0 � "'<lJ.. 0.. �'1o z I �..-w� ,:_ -tj-p c:::i c§ 0::: l 2 �h: � � � � <e:i a:: -i fr��b (/)<;[:}<z z :;'l:QVJ� rill w >�LL >ffi<o!50.. ...lw (/)&Soi-\!21-m;: IU "' :��� �>-�!.I. 1-:::i;>-o >-a::�tll �� � �:;i..:::".i >-ls�� 00 � ��;:ffi �>-��_m,-::, ro 0 � ro ciz d w � " w oc 0 oc u " � z <� � Variance Application Site Plan 4085 Watertown Road, Orono, MN 55359 1.18.21 Current Proposed Size 22’x36’ 28’x52’ Offset from Road 21’ 37’ Offset from East ~26.5’ to 22’ (due to angle) 22’ Offset from West 35’ to 25’ (due to angle and inset) 32.5’ to 23’ Proposed Site footprint with garage apron (solid) and pervious drive Septic to be determined after design certification Existing house AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: Item No.: Date: March 13, 2023 Item Description: #LA22-000070, Stacy Kromenhoek, 4085 Watertown Road After-the-Fact Variance Presenter: Natalie Nye Planner Agenda Section: Community Development 1. Purpose. This application is regarding an after-the-fact variance for a side yard setback for deck stairs. 2. MN§15.99 Application Deadline. The application was received on December 14, 2022 and considered to be complete on January 20, 2023. The original 60-Day review period expires on March 31, 2023. A 60-day extension was administratively granted and therefore the application expires on May 21, 2023. 3. Background/ Summary. The subject property is a substandard lot in the RR-1A Zoning District. Variances were approved in 2021 for lot size, lot width, front yard setback and side yard setbacks for the construction of a new single-family home. During the construction of the home the deck stairs were constructed 17.3 feet from the northern lot line when a 19-foot side yard setback was approved. Staff brought this to the applicant’s attention at the time of the final as-built review. The applicant is requesting an after-the-fact side yard setback of 17.3 feet to accommodate the constructed deck stairs. 4. Planning Commission Vote and Comment. On February 21, 2023, the Planning Commission held a public hearing, no public comments were made. The Commission reviewed the application and concluded that the deck stairs were not intentionally built beyond the setback and that the request was reasonable and did not impact the character of the neighborhood. The Planning Commission found practical difficulties validating the requested variance and voted 5 to 0 on a motion to approve the requested variance as applied. 5. Public Comment. Adjacent Property Owner Acknowledgment Forms were received at the Planning Commission meeting (Exhibit B), no other public comments were received. 6. Staff Recommendation. Staff recommends denial. While staff acknowledges the lot has practical difficulties in both size and width, no new practical difficulties have been proved for the reduced side yard setback. Staff finds the request is out of convenience rather than practical difficulty. Staff has directed the applicant to adjust or move to the deck stairs to comply with the approved 19-foot setback. COUNCIL ACTION REQUESTED Motion to direct staff to draft a denial resolution. Exhibits A. Proposed Plans B. Adjacent Neighbor Acknowledgement Forms C. Draft PC Minutes 2/21/2023 D. PC Staff Report 2/21/2023 References PC Exhibits 2/21/2023 A. Application AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: B. Practical Difficulties Documentation Form C. As-Built Survey 3/28/22 D. Plans E. 2021 Resolution F. Property Photos G. Property Owners List and Map AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: Item No.: 11 Date: March 21, 2023 Item Description: LA23-000001 – Lecy Bros Home & Remodeling, 2617 Casco Point Road - Hardcover Variance – Resolution No. 7353 Presenter: Natalie Nye, Planner Agenda Section: Consent Agenda 1. Purpose. This application is requesting a hardcover variance for the construction of a new deck. 2. MN§15.99 Application Deadline. The application was received on January 6, 2023 and considered to be complete on January 13, 2023. The original 60-Day review period expires on March 14, 2023. A 60- day extension was administratively granted and therefore the application expires on May 13, 2023. 3. Background/ Summary. At the March 13, 2023 meeting, the City Council reviewed this application for a hardcover variance to allow a total of 27.9% hardcover on the property for the construction of a new deck. Following the review, the Council voted 4-0 on a motion to direct staff to draft a resolution for approval. 4. Staff Recommendation. Staff has drafted an approval resolution for Council’s consideration. COUNCIL ACTION REQUESTED Motion to Approve Resolution No. 7353 Exhibits A. Draft Approval Resolution No. 7353 B. Council Staff Report 03/13/2023 References Council Packet 03/13/2023 PC Packet 2/21/2023 Draft Council Minutes 03/13/2023 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7353 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1680 & 78-1700 FILE NO. LA23-000001 WHEREAS, on January 6, 2023, Brenda Koehnen with Lecy Bros. Homes & Remodeling (hereinafter the “Applicant”), applied for a hardcover variance from the City Code for the property addressed 2617 Casco Point Road and legally described as: That part of Block 1, and that part of Lot 16, Block 2, and that part of Orono Avenue, vacated by abandonment, all in “Winship’s Subdivision of Lot 1, Spring Park 2nd Division”, described as commencing at the northeasterly corner of Lot 141, Spring Park; thence northeasterly along the extension of the easterly line of said Lot 141, a distance of 94.5 feet to the point of beginning; thence northwesterly deflecting to the left 101 degrees 01 minutes, to the shore of Lake Minnetonka, said line hereafter referred to as Line “A”; thence southerly along said shore, 52 feet, more or less, to the northeasterly corner of said Lot 141; thence northeasterly to a point on the extension of said Line “A”, distant 12.8 feet southeasterly from the point of beginning; thence northeasterly along said last described extension to the point of beginning. (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for a hardcover variance from City Code Section 78-1680 & 78-1700 in order to construct a new deck; and WHEREAS, on February 21, 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 February 21, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on March 13, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and voted 4 to 0 to direct preparation of findings for approval of the variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following Findings of Fact and Analysis concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7353 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1.This application was reviewed as Zoning File #LA23-000001. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2.The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3.The Property contains 16,994.2 square feet in area and has a defined lot width of 64 feet at the 75- foot lakeshore setback and a lot width of 51 feet at the OHWL. 4.The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5.Applicant has applied for the following variance: a.Hardcover 6.In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1.“Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its small size and will be reducing the total hardcover with the proposed improvements. 2.“Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variance to construct a new deck on the lakeside of the home is consistent with the comprehensive plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7353 3 3.“Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a.The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of a deck for an existing home on a substandard lot appears to be reasonable as the deck meets all required setbacks and the total square footage of hardcover will be reduced. b.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing hardcover on the site over the 25% limit is not the result of the current property owner. The property owner will reduce the total hardcover on the site by removing a walkway and portion of a patio to accommodate for the new deck. c.The variance, if granted, will not alter the essential character of the locality.” The variance is requested in order to permit construction of a new deck partially above an existing patio. The overall hardcover will be reduced on the lot. The proposed improvement is designed to fit the character of the neighborhood and existing home. 4.“Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5.“Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6.“The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is an allowed use in the LR-1C District. 7.“The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8.“The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The property’s substandard size and existing hardcover over the 25% creates difficulties which also apply to many of the properties in the same neighborhood. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7353 4 9.“The conditions do not apply generally to other land or structures in the district in which the land is located.” The property’s substandard size and existing hardcover creates difficulties which also apply to many of the properties in the same neighborhood. However, the existing home location is unique to this property. 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a hardcover variance is necessary for a basic enjoyment of a main floor lakeside deck which preserves the property rights of the property owner. 11.“The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested hardcover variance in this unique situation is not contrary to the intent of the zoning chapter. 12.“The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variance for hardcover is necessary, and does not merely serve as a convenience to the applicant as the property has considerable practical difficulties affecting development and will bring the lot closer to conformance. 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 Sections 78-1680 and 78-1700 to allow the construction of a new deck over the allowable hardcover limitation to allow a 27.9% total hardcover subject to the following conditions: 1.Council approval is based on the entire record, above Findings. 2.The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 3.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4.Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (March 21, 2024). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7353 5 5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 21st day of March, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor PDF created with pdfFactory trial version www.pdffactory.com AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: Item No.: Date: March 13, 2023 Item Description: #LA23-000001, Lecy Bros Home & Remodeling, 2617 Casco Point Road - Hardcover Variance Presenter: Natalie Nye Planner Agenda Section: Agenda 1. Purpose. This application is requesting a hardcover variance for the construction of a new deck. 2. MN§15.99 Application Deadline. The application was received on January 6, 2023 and considered to be complete on January 13, 2023. The original 60-Day review period expires on March 14, 2023. A 60-day extension was administratively granted and therefore the application expires on May 13, 2023. 3. Background/ Summary. The applicant is proposing to construct a new deck on the lakeside of the home. The lot as it exists today is over on hardcover at 28.4% when a maximum of 25% is allowed per the Stormwater Overlay District. The proposal includes a 288 square foot new deck. The applicant is also proposing to remove a stone walkway in the side yard and a portion of an existing patio on the lakeside of the home. Through the removal of existing hardcover and the 100 square foot hardcover credit for the new deck, the property will reduce overall hardcover to 27.9%. The proposed deck meets all required setbacks including the 75-foot lakeshore setback and the average lakeshore setback. 4. Planning Commission Vote and Comment. On February 21, 2023, the Planning Commission held a public hearing, no public comments were made. The Commission reviewed the application and concluded that the existing hardcover is not the result of the current homeowner and the request of a main level deck is reasonable and will not impact the character of the neighborhood. The Planning Commission found practical difficulties validating the requested variance and voted 5 to 0 on a motion to approve the requested variance as applied. 5. Public Comment. Adjacent Property Owner Acknowledgment Forms are included in the Planning Commission packet (Exhibit F), no other public comments were received. 6. Staff Recommendation. Staff recommends denial. Staff finds the request is out of convenience and not necessary for full enjoyment of the property. The property currently has a patio within the 75- foot lake yard, an at grade patio abutting the home and a 3rd story rooftop deck to use to enjoy the lake. Staff has directed the applicant to remove the necessary hardcover to meet the 25% hardcover limit which would eliminate the need for a variance. Staff believes there are practical ways to bring the lot into conformance with the required hardcover regulations. COUNCIL ACTION REQUESTED Motion to direct staff to draft a denial resolution. AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: Exhibits A. Proposed Plans B. Draft PC Minutes 2/21/2023 C. PC Staff Report 2/21/2023 References PC Exhibits 2/21/2023 A. Application B. Practical Difficulties Documentation Form C. Survey D. Plans E. Hardcover Information F. Neighbor Acknowledgment Form G. Property Owners List and Map Prepared By: LO Reviewed By: A. Carlson Approved By: 1. Purpose. To grant an extension to the final Master Development Plan approval for the 56-unit apartment building at 2475 Kelley Parkway. 2. Background. In April, 2020, the City Council approved the final Master Development Plan which was the final step in the approval necessary to facilitate construction of the 56 unit 2 ½ story apartment building on a vacant lot at 2475 Kelley Parkway immediately east of the Orono Dentist office. The Resolution of approval included the statement: The approvals granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit for the principal building shall be obtained within one year of the date of Council approval, if no permit is issued or extension granted by the City Council, the City Council may declare the approvals granted within this resolution as null and void on that date (April 13, 2021). On February 10, 2021 Staff granted a 1-year administrative extension until April 13, 2022. On January 24th, 2023 the City Council granted an extension (Resolution 7248) until April 13, 2023. The applicant has requested an additional 1-year extension. The City Code does not limit the number of extensions allowed. 3. Request. The applicant requests an extension for one year. 4. Staff Recommendation. Staff recommends the Council approve a 12-month extension to April 13, 2024. COUNCIL ACTION REQUESTED City Council should adopt the approval Resolution No. 7354. Exhibits A. Draft Resolution 7354 B. Extension request C. Resolution 7248- Previous approved Extension Item No.: 12 Date: March 21, 2023 Item Description: LA23-000009 – Neil Weber o/b/o Orono Apartments LLC, 2475 Kelley Parkway, Final Master Development Plan – 3rd Extension, - Resolution No. 7354 Presenter: Laura Oakden, Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7354 1 A RESOLUTION GRANTING AN EXTENSION TO RPUD MASTER DEVELOPMENT PLAN APPROVAL FOR ORONO APARTMENTS PLANNED UNIT DEVELOPMENT NO. 17 FILE NO. 23-000009 WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Orono Apartments LLC is the owner (hereinafter the "Owner") of the property at 2745 Kelley Parkway, legally described at Lot 1, Block 2, City of Orono Addition (hereinafter the "Property"); and WHEREAS, the City Council granted a Master Development Plan approval, LA20-000001, for the proposed 56 unit apartment building via Resolution 7085, which had an original expiration date of April 13, 2021; and WHEREAS, City Staff granted a one year extension until April 13, 2022; and WHEREAS, on January 7, 2022, the City Council granted the Owner’s second request for an extension to April 13, 2023; and WHEREAS, on March 14, 2023, due to issues related to material supply and labor, the Owner requested a third Master Development Plan approval extension to April 13, 2024. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Orono does hereby grant a 3rd extension for Master Development Plan Approval for PUD No. 17, to expire April 13, 2024 unless a building permit has been obtained. ADOPTED by the Orono City Council on this 21st day of March, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Land Use Application Summary Application Date:03/13/2023 Address:2745 Kelley Parkway Orono, MN 55356 Parcel Number:3311823120008 Land Use Number:LA23-000009 Application Submitted By:Agent on behalf of property owner Owner:Name: ORONO APARTMENTS LLC Address: John Patch Applicant:Name: Neil Weber Company: Weber Architects & Planners Address: PO Box 437 Waverly, MN 55390 neilweber@icloud.com Contact Information:Associated Contact: Neil Weber neilweber@icloud.com Associated Contact: Associated Contact: Associated Contact: Project Description:Orono Apartments Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: AGENDA ITEM Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: 1. Purpose. The purpose of this action item is to amend Resolution No. 7322, the designated appointments for 2023 by adding and appointing the City’s representatives for the Northwest Hennepin League of Municipalities; and to add and appoint a Deputy Chair to the Orono Park Commission. 2. Background. a. The council has shown interest in participating in the Northwest Hennepin League of Municipalities (NWHLM), therefore at the request of the mayor, two members should be appointed to represent the City of Orono at meetings of the NWHLM. b. It has also been determined that the Park Commission would benefit by appointing a Deputy Park Chair person to serve in the absence of the Park Chair at meetings. Therefore, staff has amended the 2023 Annual Appointments by adding current Park Commissioner Cameron Porter to serve as Deputy Park Chair. COUNCIL ACTION REQUESTED: Motion to adopt Resolution No. 7355 Exhibits A. Amended 2023 Annual Appointments Resolution Item No. 13 Date: March 21, 2023 Item Description: Approval of 2023 Annual Appointments – Resolution No. 7355 Presenter: Anna Carlson, City Clerk Agenda Section: City Clerk Report CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7355 AMENDING RESOLUTION NO. 7322 AND APPROVING A RESOLUTION DESIGNATING SELECTED APPOINTMENTS BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments and designations for the year 2023 are as follows: APPOINTMENT/DESIGNATION Acting Mayor Victoria Seals Association of Metropolitan Municipalities Legislative Contact Dennis Walsh Association of Metropolitan Municipalities Representative Adam Edwards Attorney-City Lead (Civil) Soren Mattick Attorney-City Firm (Civil) Campbell, Knutson Attorney-Alternate Dorsey & Whitney Attorney-Lead Prosecuting Tallen & Baertschi Attorney-City Prosecuting Firm Tallen & Baertschi Auditor Abdo Eich & Meyers, LLP Budget Committee Dennis Walsh Victoria Seals Adam Edwards Ron Olson Code Review Committee Dennis Walsh Laura Oakden Matt Johnson Adam Edwards Communications Committee Dennis Walsh Victoria Seals Adam Edwards Anna Carlson Data Practices Compliance Official Anna Carlson Data Practices Compliance Official – Police Department Correy Farniok CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7355 Development Review Committee Laura Oakden Melanie Curtis Natalie Nye Adam Edwards Emergency Preparedness Director Correy Farniok or designee Engineer-Lead Consulting David Martini Engineer-City Firm Bolton & Menk Fiscal Agents Ehlers & Associates Gillespie Center Dennis Walsh Hennepin Emergency Communications Organization Correy Farniok Housing and Redevelopment Authority Dennis Walsh, Chair Adam Edwards, Executive Director Richard F. Crosby II Matt Johnson Alisa Benson Victoria Seals Ron Olson, Secretary Insurance Agent of Record Ronald Youngdahl, Northern Capital Lake Minnetonka Conservation District (LMCD) Richard Anderson Long Lake Fire Advisory Commission Victoria Seals Richard F. Crosby II Adam Edwards Ron Olson Mayor's Association Dennis Walsh Northwest Hennepin League of Municipalities Dennis Walsh Matt Johnson Official Newspaper The Laker & Pioneer CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7355 Official Depositories/Investment Vendors Bank Hapoalim - NY Bank United, Miami BMO Harris Bank - IL BMW Bank North Amer - UT Bridgewater Bank – Navarre, MN Capital One Bank - VA Citibank, SD US Comenity Bank - DE Enerbank USA – SLC, UT First Bank of Greenwich, CN Generations Bank - ARK Goldman Sachs Bank – New York, NY JP Morgan Chase - OH League of MN Cities – 4M Fund Merrick Bank – UT Morgan Stanley PVT Preferred Bank - CA Progrowth Bank Popular Bank – NY US RBC Wealth Mgmt - MN Sallie Mae Bank – Salt Lake City, UT State Bank of India, NY Synchrony Bank – Draper, UT Truist Bank - NC UBS Bank USA – UT UBS Financial Services - Wayzata Wells Fargo Bank Natl Bank – Las Vegas Wells Fargo Bank- Advisors Organization/Human Resources Committee Victoria Seals Matt Johnson Adam Edwards Ron Olson Fire Negotiating Committee Matt Johnson Victoria Seals Adam Edwards James Van Eyll Orono Ice Arena Board Member Dennis Walsh Park Commission Chair Brian Roath Park Commission Deputy Chair Cameron Porter Park Commission Representative Dennis Walsh Victoria Seals CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7355 Planning Commission Chair Alternating Planning Commission Representative to Council Alternating Police Advisory Commission Matt Johnson Alisa Benson Adam Edwards School District Committee Dennis Walsh Victoria Seals Correy Farniok Adam Edwards Suburban Rate Authority David (DJ) Goman Transportation Committee Adam Edwards Correy Farniok Weed Inspector Dennis Walsh Weed Inspector-Assistant Josh Lemons Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held March 21, 2023. ATTEST: ___________________________________ _______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: RJO Reviewed By: ND Approved By: 1. Purpose. The purpose of the action item is to update the Council on changes to the City’s phone carrier. 2. Background. The City currently contracts with Allstream to provide phone services to the City Hall complex. Allstream is a reseller of Century Link lines. Until the last month the service had been very good. Recently, we have experience multiple phone system failures that have lasted longer than a day. Working with Allstream to restore phone service has been frustrating at best and staff is moving to a new carrier. Concurrent with the provider change, we will be implementing a Session Initiation Protocal (SIP) over our Hennepin County Fiber connection. Because SIP runs on fiber instead of legacy copper, the issues that have caused our recent outages will be eliminated. This is a change that the city would be required to make in the near future as telecoms continue to reduce their investments in copper infrastructure. In discussing options with vendors (Nova, Lumen (Century Link), Allstream and LOGIS), SIP is the unanimous recommendation for the city. We have relationship with all of the vendors and have requested quotes from Nova, Lumen, and LOGIS. The quote from LOGIS, while providing the most robust service and options, was for $25,000 - $30,000 annually. The other two quotes were around $2,400 annually. Staff has decided that between Nova and Lumen; Nova has been the most responsive. They are also the vendor for our internal phone system so we will be able to eliminate a vender. This is helpful to avoid issues of responsibility when problems arise. For example, Allstream is our provider but Lumen maintains the lines. We can’t work directly with Lumen to fix the problem, and Allstream’s answer has been we’ve sent the repair request to Lumen. The result has been that the city’s phones have been down for 2+ days twice in the last month. Our solution is to eliminate Allstream and Lumen altogether and use our existing Nova phone system over the Hennepin County Fiber line. This will save around $5,000 on the phone service and allow the elimination of both the Lunen copper and fiber line saving another $12,000 annually. 3. Cost. This will be a reduction of currently budgeted expenditures of approximately $17,000. 4. Funding. The 2023 Operating budget includes funding for phone service. COUNCIL ACTION REQUESTED Informational purposes only, no action is required. Item No.: 14 Date: March 21, 2023 Item Description: Change in Phone Service Provider Presenter: Ron Olson Finance Director Agenda Section: Finance Director’s Report