HomeMy WebLinkAbout08-14-2023 Council PacketAgenda
Council Meeting
Monday, August 14, 2023 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.oronomn.gov
Sign up for email notifications at www.oronomn.gov
Roll Call
Pledge of Allegiance
Approval of Agenda
Consent Agenda
1. City Council Meeting Minutes of July 24, 2023
2. City Council Work Session Minutes of July 24, 2023
3. Claims/Bills
4. Approval to Hire Alicia Johnson – Resource Management Technician
5. Approval of Rental Licenses
6. Approval Annual Gun Club Permit
7. Approval to Accept Donation – Residents of Pelican Point (Mound) – Resolution No. 7389
8. Approval to Accept Donation – Minnetonka Beach Civic Association – Resolution No. 7390
9. Authorization to Accept Julia Knapek Resignation
10. Approval to Amend Wage Scale for James Nelson – Utility Worker
11. Liquor License Violation – Orono Golf Course
12. Approval 2023 Bridge Flood Sealing
13. LA23-000032, Paul Skoog, 250 Tonka Avenue, Variance – Resolution no. 7392
14. LA22-000068, Mark and Lisa Thostenson, 2815 Casco Point Road, ATF Variances – Resolution 7387
15. LA23-000033, Edwin and Tracey Stephenson, 559 Park Lane, Average Lakeshore Setback Variance –
Resolution No. 7393
Community Development Report
16. LA23-000034, Matthew and Susanne Johnson, 1015 Wildhurst Trail, Final Plat of “Wildhurst Forest”
– Resolution 7388
Finance Report
17. Second Quarter Financial Report
City Attorney Report
City Administrator/Engineer Report
18. Next Work Session Draft Agenda
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. The council will first open the podium to City of Orono residents before
opening the podium to any member of the public wishing to address the council.
Agenda
Council Meeting
Monday, August 14, 2023 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.oronomn.gov
Sign up for email notifications at www.oronomn.gov
Council Committee Reports
19. LLFD Advisory Board
20. Police Commission
Mayor/Council Report
Adjournment
Upcoming Events
2023
08/21 Planning Commission Meeting, 6:00 p.m. (Richard F. Crosby II)
08/28 Council Work Session, 5:00 p.m.
08/28 Council Meeting, 6:00 p.m.
09/04 City Offices Closed
09/05 Park Commission Work Session, 6:00 p.m.
09/11 Council Work Session, 5:00 p.m.
09/11 Council Meeting, 6:00 p.m.
09/18 Planning Commission Meeting, 6:00 p.m. (Alisa Benson)
09/25 Council Work Session, 5:00 p.m.
09/25 Council Meeting, 6:00 p.m.
10/02 Park Commission Work Session, 6:00 p.m.
10/09 Council Work Session, 5:00 p.m.
10/09 Council Meeting, 6:00 p.m.
10/16 Planning Commission Meeting, 6:00 p.m. (Maria Veach)
10/23 Council Work Session, 5:00 p.m.
10/23 Council Meeting, 6:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 1 of 11
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, City Council Members Matt Johnson, Alisa Benson, Richard Crosby III, and Maria Veach.
Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,
Finance Director Ron Olson, Community Development Director Laura Oakden, and City Planner Melanie
Curtis.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
The agenda was approved by consensus as presented.
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF JULY 10, 2023
2. COUNCIL WORK SESSION MINUTES OF JULY 10, 2023
3. CLAIMS/BILLS
4. APPROVAL OF RENTAL LICENSE
5. AUTHORIZATION TO HIRE UTILITY WORKER – JAMES NELSON
6. AUTHORIZATION TO ACCEPT RESIGNATION – TRENT WIEBUSCH
7. AUTHORIZATION TO HIRE POLICE OFFICER -- NICHOLAS SCHWARZ
8. SHORELINE ESTATES (LA21-000055) – STORMWATER MAINTENANCE
AGREEMENT AMENDMENT
9. LA21-000070 – TERRIE DEBAKER O/B/O METROPOLITAN COUNCIL, 3447
CRYSTAL BAY ROAD, CONDITIONAL USE PERMIT, EXTENSION, RESOLUTION
NO. 7386
Crosby moved, Veach seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays
0.
FINANCE DIRECTOR REPORT
Finance Director Olson said his only topic was 2024 budget planning which he had covered in the work
session.
COMMUNITY DEVELOPMENT REPORT
10, LA22-000068 - VALDES LAWN CARE O/B/O MARK & LISA THOSTENSON, 2815
CASCO POINT RD, AFTER-THE-FACT VARIANCES - RESOLUTION NO. 7387
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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City Planner Curtis explained In July of 2022 the timber walls, deck and stair to the lake were destroyed
by fire. In March of 2023 the City Council reviewed an after-the-fact variance request for the new
retaining walls as construction was found to have expanded beyond the in-kind allowance of the
administrative building permit. Because there were a number of concerns, the Council tabled the
application to allow the applicants to redesign and provide clarification and supporting engineering. The
applicant has provided a wall plan with engineering reflecting a design as close to in-kind as they were
able to achieve, a landscape plan and a plan for the permitted lake access stair deck and shed. Earlier this
summer with the City's approval the contractor made modifications and corrections to the as-constructed
walls which were necessary in order to improve structural stability. The proposed replacement deck and
shed will not encroach closer to the lake than the previously existing structures. The lake stairs are an
allowed improvement within the 75-foot setback and can be constructed, along with the shed and deck,
with an administrative building permit. The applicant is requesting after-the-fact setback variances to
address the replacement wall footprint expansions in the bluff. Comments from the public were received.
Replacement of destroyed walls is essential, Curtis said, due to the bluff and steep nature on the property
as well as the immediately adjacent neighboring properties. The variance to permit the expanded retaining
wall structure within the bluff and 75-foot setback will help to maintain the existing slope and character
of the area. Staff recommends approval as proposed. The applicants and some neighbors were present.
Mark and Lisa Thostenson, 2815 Casco Point Road, the applicants, said they have been communicating
with their neighbors and doing their best to address concerns.
Walsh said it is a complicated project and he recalls the biggest issues were bringing the grade back to
where it was, making sure the neighbors were protected and whether the engineering design would add
height to the top wall or add an additional top wall. He asked how it was determined that the contractor
had not done everything according to plan.
Lisa Thostenson said she and her husband had no idea that the plan wasn’t followed exactly by the
contractor. They sent photos to the engineer and that is how they discovered there were some things that
they weren't comfortable with and requested assistance from the City.
Paul Schimnowski with Criterium-Schimnowski Engineers, 161 Dunbar Way, Mahtomedi, Minnesota,
the engineer of record, said he had received some construction progress photos from the homeowners and
noticed some things that were not done per plan. He notified everyone involved and ended up ending the
contract and service agreement with the contractor. He said he had not seen the neighbors’ questions until
the meeting but thought most could be easily answered. Matching the old bluff height was an important
consideration on this project, he said, and a height of 961 feet nearly from one side to the other with just a
little bit of step down at each end will provide substantial additional support for the neighbors’ properties
on each side. He noted they are still under a stop-work order and did some remedial repairs to the
existing work. The request is for a setback variance and not necessarily the wall approval.
Curtis also said the variance is for the location and placement of the walls. If there are any other technical
details, that is typically part of the building permit.
Patty Yorks, 2825 Casco Point Road, said her biggest concern is that the wall doesn’t blend in with the
shoreline and asked about the landscape plan. She felt some of the proposed plantings were too short.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 3 of 11
Benson said she would find it helpful to see a different rendering of the landscape plan that would show
height since she is not familiar with all the proposed species of plants. She said it would be her preference
that the City give as much guidance in that area as possible. Benson noted there were some concerns at
the last hearing on the root structure of some kinds of plantings related to the walls.
Curtis said the City could continue to work with the applicants to make sure plantings were right-sized for
the wall at maturity. She said root structure could result in some limitations for plant selection.
Johnson said rather than trying to set a landscaping plan and specific plants, the Council should stipulate a
percentage of screening and allow the applicant and staff to design the landscaping.
Thostenson indicated a photo of the former wall before the fire and said he would be happy to work on a
landscaping plan as it would be better than it was before.
Penny Saiki, 2874 Casco Point Road, asked about drainage, bowed sections of the wall and the
requirement for railings.
Curtis said railings are only required on the deck and stairs and the building inspector would make sure
that all requirements are followed.
Schimnowski said the walls are designed to drain any surface water that gets behind them. The weep
holes were included in the design as an industry standard; however, it is very unlikely that any water will
ever be seen draining from them.
Lisa Thostenson said new drain tiles have just been installed around the house and they worked with the
wall contractor on where those will drain.
Carol Price, 2813 Casco Point Road, the neighbor to the west, said the Thostensons had not actually
contacted them and they had never gotten any notification from Curtis. She and her husband are seeing
these plans for the first time. She said her husband could not be present but his comments were that this
was not in-kind replacement and the shed and deck should be treated as new construction. He also
questioned the drainage plan. He contended portions of the plan did not have the sign-off of a licensed
engineer in the State of Minnesota. He said there are conditions in the engineer’s design that if ignored,
make reliance on the engineered design impossible. He requested the City require completion of the soil
testing that the engineer requested and a retaining wall completion report.
Schimnowski said he did not see the same problems in the grading plan that Price was pointing out. The
drainage on the site, as proposed, meets all the City standards, he said, so he does not have any concerns
with that. He added the building inspector will be out to do inspections as the remainder of the wall goes
up. When it's completed, there will be a letter from the design engineer saying it got built like it was
supposed to get built with his signature on it.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 4 of 11
Price said at the March meeting, the Council said they believed the new wall system has to go back to the
original grade and line up with the tip of the bluff and the properties on either side. The Mayor had said at
the time the contractor had created an entire new bluff landscape that was not part of the like in-kind, and
they have to figure out how to re-engineer to get that grade back, she said. Price said the concerns she
expressed at the February and March City Council meetings do not seem to be addressed in the revised
plan. She said the proposed plans to add 3.4 feet in height to the center of the sixth wall near the stairs and
then add timbers besides toward the adjacent property don’t mitigate the gradient difference. She
contended the new patio would be larger than the original and further into the average lakeshore setback.
The survey denotes that the timber border of garden from the adjacent lot to be removed, she pointed out,
explaining the garden border is actually a retaining wall that steps down the elevation gradient of the
Price property to the applicant’s property. This elevation ranges from approximately six inches to 12
inches. She asked, where is the note to explain what will be done once the timbers are removed so that her
yard and gardens don't fall into the neighbor's yard.
Johnson said Ms. Prices’s notes were included in the packet and are very technical and no one on the
Council is a licensed engineer, as she is. He asked how the Council can take her comments and apply
them directly to the engineers involved and find a way to address these in a way that is meaningful to her.
Johnson said what's important to him in this process is that the Prices as neighbors have done nothing
wrong. There has been a problem and as a result, the neighbors are suffering through this process. Within
the responses of both Prices, he said, there's some really good information that quite honestly, he doesn't
understand. However, the City has staff to be able to do that. He asked what is the best process to make
sure that the Price’s concerns get addressed to give them satisfaction that their investment is protected.
Walsh suggested a meeting between the neighbors, the City staff, and the applicant’s engineer to address
the questions. He said the City’s goal would be to make sure it is done correctly and solves all those
issues.
The consensus of the City Council was that the Prices would meet with the applicant’s engineer and the
City Staff to get questions answered. City Council Members discussed the need to be sure of plans to
taper the top of the wall at the east and west ends and make sure the landscape plan screens enough of the
wall. The Council debated requiring a certain percentage of the wall being covered.
Crosby suggested 25 percent be required.
Benson said without getting into percentages or trying to micromanage this process, she thinks the
intention is to create a view from the lakeshore up and for the neighboring houses that is covering as
much of this as possible. That's really the goal, she said, and it sounds like that's achievable.
Veach said it seems that communication has been an issue. She heard that the applicant is willing to plant
vegetation and it would be in their best interest to make the retaining wall as attractive as possible. She
believed they would figure that out and the Council does not need to get into the weeds on that as long as
everybody has agreed to a mode of communication.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 5 of 11
Johnson said his proposal would be to have staff draft the approval so the applicants know that the City is
approving the process, but the approval doesn't get ratified until the next City Council meeting. He said
that would give the applicant, neighbors, and engineers time to talk and if something were to come up
there would be an opportunity to remove approval from the consent agenda at the next meeting and
discuss it further.
Johnson moved, Crosby seconded, to have staff draft the approval for Resolution 7387 amending it
to include the adjustment of the wall at the corners and to maximize the screenage of the
vegetation. VOTE: Ayes 5, Nays 0.
In a continuation of the Community Development Report, Community Development Director Oakden
said the department has continued to be busy with permits and on-site inspections. They are working
through about 10 applications for the next Planning Commission meeting as well as text amendments and
code enforcement.
CITY ATTORNEY REPORT
Attorney Mattick said he had nothing to report beyond the items scheduled for the closed session later
that evening.
CITY ADMINISTRATOR/ENGINEER REPORT
11. OLD PUBLIC WORKS FACILITY REMODEL (23-044)-DESIGN PROPOSAL
Edwards updated the City Council, noting staff is looking for guidance on a way forward on fire facilities.
The resolution passed at the time of the needs assessment approval called for the staff to seek a proposal
from an architect on the design for the remodel of the existing public works facility into a permanent fire
house. That was done with Oertel, the current architectural firm working on the new public works facility.
The task was to provide a facility for the Orono Fire Department. The challenges are that the existing
facilities Station One and Two would require renovation and maintenance totaling a couple million
dollars over the next few years. The other complication is that Station One is co-owned with the City of
Long Lake and the current litigation hampers any access of either those facilities right now. Remodel of
the existing public works facility into a permanent fire station is possible, but it is costly and not
necessarily ideally suited to the purpose, he said. He suggested the Council take a more incremental and
phased approach and engage the architecture firm to help with some temporary facility needs that would
last until the City could get full access to the existing facilities and get those fully remodeled. Orono
bonded for $3 million for fire facilities. The remodel of the existing public works facility would be about
$3.5 million, leaving no funds currently identified to do any upgrades to the other facilities. Use of the old
public works building as a permanent fire department may also require some significant structural
improvements, he said. The predicted occupancy for the building would be September 2025. The other
consideration would be architect’s fees estimated at $295,000.
Veach asked about use of the old public works facility after its use as a temporary fire facility.
Edwards said it has potential as a recreational facility and some grants may be available for that. There
are many things that would need to happen to that building regardless of its eventual usage such as
roofing and mechanical, he said. There are some things that would be different such as air handling needs.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 6 of 11
Veach asked if a temporary building would impact public safety in any way.
Edwards said he did not believe it would in the short term but that is one of the things that would have to
be evaluated.
Veach also asked if the City would be committed to an action taken at that meeting if the situation with
the City of Long Lake litigation were to change.
Edwards said given the timeline he believes at any time the City could readjust the design and move in a
different direction.
Benson quoted the architect’s information on other fire facilities it had helped design indicating numerous
meetings and public workshops between the community, the City Council, the firefighters, both staff and
volunteer, and the architect to determine the overall scope and feasibility of the project. She said she’s
concerned that this may not be the case here. She said the building was built for public works and was not
intended to be a fire station. The City is now talking about spending money to remodel a building not
intended for fire as a significant budget item when the building was considered to not be appropriate to
remodel for public works. She said fire is one of the most important services provided by the City to
residents. She also mentioned traffic patterns on Old Crystal Bay Road with the school district offices,
schools and buses and a senior facility. She is concerned about safety for the surrounding uses and the
public as well as being appropriate for first responders. She questions whether this is a sound decision
even temporarily.
Veach said at a recent fire services meeting the State Fire Marshall indicated the method the City of
Orono has used to make decisions is the standard way to do things. She asked if the police have had any
issues with being able to respond due to traffic in that area.
Edwards said that was not a concern he had heard from the Police Chief.
Johnson said the problem with the old public works facility was size. He said it's not that it wasn't good
enough for public works but now the City can put the firefighters in there.
Benson said location is important along with other traffic patterns and she believes the old public works
location may involve factors that are not anticipated.
Crosby said Station One fights the same problem and Station Two has it even worse because of needing
to cross Shoreline Drive. That’s why they have lights and sirens and do a full stop and look. He said he
does not think the location would be that bad as the police station is there too.
Walsh said he likes Edward’s proposal to look at a temporary plan.
Benson asked what temporary means and if the school district had been consulted.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 7 of 11
Edwards said anywhere from July of next year to sometime in 2026. Looking at concerns such as the
school would be part of the process if the Council authorizes staff to continue.
Benson asked if the City did not have to go out for bids on an architect.
Edwards explained the City currently has a service agreement with the architect working on the new
public works facility and has the authority to go directly to that firm for service, but any contract and
expense would still need to come before the Council.
Johnson moved, Veach seconded, to direct staff to engage with Oertel Architects to provide
architectural services for a design proposal to remodel the old public works facility as a temporary
fire station. VOTE: Ayes 4 Nays 1 (Benson).
12. PUBLIC WORKS FACILITY (21-039)- CHANGE ORDER 1
Edwards said this is the first change order request for the public works facility. Some needed changes
were identified in the building process in the amount of $153,836.23. He recommended removing the
natural gas generator from the project at this time, saving $490,000 to fund this and possible future
change orders. It would be replaced with a diesel generator after construction which would be less
expensive, especially since it could be sized to actual electrical load. Additionally, the City’s other
generators are diesel.
Crosby moved, Johnson seconded, to approve the change orders and the removal of the natural gas
generator for the new public works facility. VOTE: Ayes 5 Nays 0.
13. NEXT WORK SESSION DRAFT AGENDA
Edwards said this would be the standard work session agenda for Aug.14 including the average lakeshore
setback process. He recommended using the whole hour. He also proposed adding a Council Committee
Report header to the agenda in the future so Council members could report on any meetings of a
committee on which they served. The Council agreed that would be a good idea.
Veach moved, Crosby seconded, to approve the Work Session draft agenda as proposed. VOTE:
Ayes 5, Nays 0
RECESS & RECONVENE
Mayor Walsh recessed the meeting at 8:28 p.m. The meeting was reconvened at 8:38 p.m.
PUBLIC COMMENTS
Evelyn Knapp, 85 Cristofori Circle, said she has been a resident of Orono for 33 years and never felt the
need to come to City Council meetings to see what’s going on until about four years ago. She said she is
very unhappy with the attitude of some of the members of this Council and would like to see community
input mean something. She said she is not in favor of starting a new fire department and doesn’t feel
adequate reasons to do that have been given, and that is not where she wants her tax dollars going. She
said the situation is tearing the community apart and urged the Council to make some real compromises
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 8 of 11
with the City of Long Lake during mediation to get a new contract and keep the fire department as it is.
She said Chief James Van Eyll said he was going to do all these amazing things with the fire department
but asked why he didn’t do them when he was the Fire Chief for Long Lake. Because of the financial
impact on the citizens of Orono, she said, the public should have a chance to vote.
Jay Nygard, 1386 Rest Point Road, said Walsh has stated his lawyers have said he shouldn’t speak to
anyone who is in a lawsuit with him. Walsh hasn’t paid any lawyers, according to Nygard. The taxpayers
are paying for his lawyers, so it's really not his lawyers, he said, it's our lawyers that are telling him not to
talk to us. Nygard said Walsh created a company in competition with his while he was on the City
Council and then used the City to sue him and try to run him out of town. He is suing Walsh for this and
then is forced to pay for his private legal expenses. He also said a $3.5 million temporary fire station in a
high traffic area makes no sense and seven lawsuits are costing the City a great deal of money. He said he
plans to file a motion with the court to separate resident Walsh from the City of Orono so he has to pay
his own legal fees.
Nancy Brantingham, 3185 County Road 6, said she would just like to add her assent to what Ms. Knapp
said and that she appreciates her bringing up once again the Council’s failure to take proper input from
citizens on the fire department.
Ritchie Anderson, 3205 Crystal Bay Road, said he wanted to compliment the Park Commission and Park
staff for revitalizing the Crystal Bay Post Office area with a new apparatus that is really beautiful. As the
City’s LMCD Representative, he pointed out the LMCD is looking at creating a new fee structure for
docks. The member cities have been asked to weigh in on the proposal and he urged the City of Orono to
comment before the next LMCD meeting Aug. 9 so they can vote on it. Regarding the fire station issue,
he said he agrees with the two women who spoke about the fire station, but that horse has left the stable.
He said the City is at the point now where it is leaving Long Lake Fire in 2025 and will need somewhere
to put the fire trucks. He asked if they should be put in a parking lot and said he can’t believe there was a
no vote on that action because a place has to be found for them.
Helen Landgraver, 2570 Thoroughbred Lane, said she could not agree more with the two women who
spoke earlier. She said two meetings ago, the Council put out public comment cards. Councilmember
Benson took the time to compile the results of those comment cards and they were overwhelmingly in
favor of not having a separate fire department. She said she would like to know how Walsh considers that
propaganda, adding taxes are being raised 20.7 percent in one year and the Council has decided to dump
another $3.5 million into a temporary fire station. She said she asked specifically to be provided some
compelling reason why a separate fire department is needed and that still has not been provided. This
horse has not left the stable, she said, stating it is still a very open matter.
Chelsea Wetrick, Independence, said that though Walsh asked people to stay off social media he spends a
lot of time on it himself. She contended Walsh and Crosby will barely look at her or look at
Councilmember Benson when she is speaking. She said they can’t look at anyone who is saying
something they don’t agree with and said it is because of ego and the need to be in charge of everything.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Kelly Grady, 271 Greenhill Lane, Long Lake, said it is not true that the fire fighters are in favor of their
pensions being transferred to Orono, adding that pension are not governed by either one of the cities. She
said at the June 12 meeting, the firefighters were not allowed to speak. Walsh, in his videos, continues to
state that everyone he speaks to is behind the new fire department and that is not true, as was seen at this
Council meeting and other meetings. She would like to see factual data regarding response times, how
that compares to other response times in the area, and how that will be improved with a duty crew. Grady
also pointed out that she has submitted dozens of questions to the Council on several occasions, and they
have never been answered. Yet she sat frustrated tonight as one resident’s bluff was discussed for an hour
and 45 minutes. She said that is incredibly frustrating for somebody who has actively tried to engage both
Councils in trying to find resolution related to the fire department and incredibly disappointing as a
citizen who relies on that public safety entity.
Brad Erickson, 2485 Independence Road, said he also has had a business in Orono for more than a
decade. He said he has seen the Council’s answers in his lawsuit and that while there were a lot of denials
Walsh did not admit or deny sending him a video during the 2020 election and Crosby did not admit or
deny being at the nation’s capital on Jan. 6, 2021 or crowd-funding for the Proud Boys in front of the
Orono seal. He said there were pretty strong denials on some of the other questions but nothing on that.
Erickson said Walsh knows he sent the video and he can prove it. He said Walsh has the bully pulpit and
can control the narrative in Orono but he will not be able to do that in the court of law. He said Judges
don't put up with any BS and they have a real keen sense of who's full of shit and who is not.
MAYOR/COUNCIL REPORT
Johnson had nothing to report.
Benson said given that the committee share-outs haven’t started yet, she wanted to share that she attended
the Future Fire Service meeting recently. This is a group of other municipal leaders and staff, some fire
chiefs, and there was also a representative from the State Fire Marshal's office there. She said a good
amount of time was spent discussing thoughts on how to move forward with the shared service model for
fire. Orono’s neighboring cities are actively discussing ways to reduce redundancies, share costs, and
coordinate staffing and provide high quality service, she said. This coming Saturday is the 14th annual
Long Lake Fire Department Red Hot Run with proceeds going to the Long Lake Firemen's Relief
Association. She said she plans to attend.
Crosby said when he is handled in a disrespectful way at Council meetings he will not react, as much as
he would like to say what he thinks, in order to honor the people of Orono and show respect for his
Council seat and the forum here. He said he appreciated some of the opposing comments that evening
because the speakers handled themselves in a respectful manner. Once the litigation is resolved, he said,
he will be happy to answer any questions that a citizen or even a non-citizen has about fire. He said he
would be happy to talk about the long process they have been through trying to come to some conclusion
with Long Lake. But out of respect for this chamber and everybody in it, he said, he was not going to
respond to the insults or to the craziness. Crosby said he served the fire department for 10 years and has
been on City Council for 6 years. He acknowledged that he is a conservative, a constitutionalist, a patriot
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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and a supporter of Donald Trump. He said he is not a member of the Proud Boys. He urged those in the
gallery, when there’s applause for the carnival, to look in the mirror a little bit.
Veach said before reporting on her committees she would like to address Kelly Grady’s concerns. She
said she is working on answers for her but it will take time. She said public comment is sometimes not the
best forum as the Council can’t engage during public comment. If you want to reach the Council by
email, or come meet in person, that's the time to engage, she said. She said she also wanted to give an
update on the committees that she’s been working on in her first month on the Council. She said she had
met with City Council members from Long Lake as part of the negotiations committee and learned a great
deal about the history of the negotiations she had not been privy to. She said unfortunately due to
litigation they are unable to continue those meetings and find resolutions, but she felt the meetings had
been productive. She said without a foundation of trust it will all be for nothing and people need to realize
the process will be slow, which she realizes is frustrating. However, she said she was very energized by
the meetings she attended and left feeling like this was something they could get to the bottom of. She is
also on the budget committee which met last Friday and she found it great to sit down with the City’s
Finance Director and his team. She said her takeaway was that it was a very conservative budget and
accounted for some situations. Of course, she said, the hope is that things work out with Long Lake, but
the City has to plan like it won't. She thanked the staff and City Council for taking the time to orient her
to her new position as a City Council Member and make her feel welcome.
Walsh gave an update on the construction of the new public works facility saying all the trusses are in
place, the walls are up, and they will start doing the roof next week. Coffee with the Mayor had to move
one week to the third Wednesday of the month so the next one will be on Aug. 16. He gave a rundown of
high school fall sports starting up including dance team, cross country, and football. New hockey coaches
and a new athletic director are in place. He said the Council was about to go into closed session and
would then reopen the meeting to adjourn, but he was not aware of any other business to come before the
Council at that meeting.
14. CLOSED SESSION
Crosby moved, Johnson seconded, to enter into closed session as permitted by the attorney-client
privilege (section 13D.05, subdivision 3 (b)) to discuss the threat of litigation by the City of Long
Lake regarding the Contract for Fire Protection and will include an update related to the following
lawsuits: Theodore Bonnett and Allision Bonnett v. City of Orono; Barbara Schmidt v. City of
Orono, MnDNR, MCWD, Orono Schools; Jay Nygard, et Al v. Orono; Kendall Nygard, et al v.
Orono; Jay Nygard vs. Orono, Dennis Walsh, Police Chief Correy Farniok, Attorney Soren
Mattick, Attorney Jared Shepard; Lake Minnetonka Real Estate II, LLC v. Feldshons and Orono;
Brad Erickson v. Walsh, Crosby and Orono. VOTE: Ayes 5, Nays 0.
(The City Council was in closed session from 9:19 p.m. to 10:30 p.m.)
Walsh moved, Crosby seconded, to reopen the Orono City Council meeting at 10:30 p.m. VOTE:
Ayes 5, Nays 0.
ADJOURNMENT
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 11
Crosby moved, Walsh seconded, to adjourn the meeting at 10:31 p.m. VOTE: Ayes 5, Nays 0.
ATTEST:
_____________________________________ _______________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
Orono City Council
Work Session Minutes
Monday, July 24, 2023
Council Chambers
5:00 p.m.
Page 1 of 1
PRESENT: Mayor Dennis Walsh, Council Members Alisa Benson, Richard F. Crosby II, Matt
Johnson, and Maria Veach. Staff members present were City Administrator Adam Edwards,
Finance Director Ron Olson, Parks and Golf Course Superintendent Josh Lemons, and City Clerk
Anna Carlson.
1. General Fund Budget Update
Finance Director Ron Olson presented the preliminary general fund budget draft to the
City Council. He noted that all department heads met with he and the City Administrator
to review changes and additions to their annual department budgets. One thing to note is
that there are a few items, like health insurance costs and property values that will impact
budgeting, however, we will not know those numbers until later in the year. He noted
that the golf course is moving into enterprise budget where it belongs. He also noted
staff has created a communications budget since the department expenses have grown.
Staff believes it will more accurately depict the expenses for communications items
versus having it in the central services budget.
There was discussion related to what budgeted costs go into each fund and what the
purposes for each fund are for as well. There was also discussion about how increases
and decreases affect the overall budget and how property value increases affect the tax
rate.
Mayor Walsh noted that a large part of the general fund is made up of wages,
personal/people type services, etc.
Edwards explained that enterprise funds will be discussed at the August meetings.
Meeting ended at 5:46 p.m.
CITY OF ORONO:
ATTEST: ________________________________
Dennis Walsh, Mayor
_________________________________
Anna Carlson, City Clerk
AGENDA ITEM
Prepared By: RJO 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
121631 to 121762 and ACH transaction 20130368 to 20130373 totaling $3,031,897.20.
3. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims
list as presented.
COUNCIL ACTION REQUESTED
Motion to approve the claims list as presented.
Exhibits
A. Check Register
Item No.: 3 Date: August 10th, 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: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Davis Chevrolet of Delano Inc 07/25/2023 121458 25653 701-49800-222 SPARE RIM FOR TAHOES 370.95-
Aspen Mills 07/25/2023 121458 315749 101-42110-226 UNIFORMS/KK BECK CSO Police Department 135.00-
Total 121458:505.95-
Yamaha Golf & Utility 08/02/2023 121510 01290739 101-45210-415 CART LEASE Golf Course 3,251.75-
Yamaha Golf & Utility 08/02/2023 121510 01291381 101-45210-415 CART LEASE Golf Course 3,251.75-
Yamaha Golf & Utility 08/02/2023 121510 01291382 101-45210-415 CART LEASE Golf Course 3,251.75-
Total 121510:9,755.25-
MN DEPT OF PUBLIC SAFETY 08/08/2023 121573 2717000062 601-49400-404 HAZARDOUS CHEMICAL INVENTORY FEE 2020 25.00-
Total 121573:25.00-
All Traffic Solutions 07/28/2023 121607 SIN037016 101-42110-440 ALL TRAFFIC SOLUTIONS / SIGN SPEED DISPL Police Department 7,338.20
Total 121607:7,338.20
FIDELITY SECURITY LIFE INSU 07/28/2023 121608 EYEMED072 101-21716 VISION PLAN 7/2023 273.32
Total 121608:273.32
MOTOROLA 07/28/2023 121609 8230403267 101-42110-580 MOTOROLA SOLUTIONS / VIDEO MANAGER Police Department 7,995.00
Total 121609:7,995.00
CenturyLink 08/01/2023 121610 07.2023 LUM 614-49840-329 INTERNET 6/08/23-7/07/2023 LUMEN Cable Franchise 1,057.04
Total 121610:1,057.04
METLIFE SMALL BUSINESS CE 08/01/2023 121611 METLIFE072 101-21709 DENTAL INSURANCE 08/23 2,751.67
Total 121611:2,751.67
MOTOROLA 08/01/2023 121612 8281658297 101-42260-221 CHARGERS FOR LADDER RADIOS Fire Protection Services 450.00
Total 121612:450.00
Newegg Business Inc 08/01/2023 121613 1304561973 710-49970-221 DELL COMPUTER - PUBLIC WORKS 1,865.33
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121613:1,865.33
TRANSPORT GRAPHICS 08/01/2023 121614 EM-143482 415-42260-550 GRAPHICS FOR LADDER TRUCK 9,360.00
Total 121614:9,360.00
UNITED STATES POSTAL SERVI 08/01/2023 121615 072023 UTILI 601-49400-322 07/23 UTILITY BILLS 357.80
UNITED STATES POSTAL SERVI 08/01/2023 121615 072023 UTILI 602-49450-322 07/23 UTILITY BILLS Sewer 726.43
Total 121615:1,084.23
ADVANCED IMAGING SOLUTIO 08/08/2023 121616 504919259-P 710-49970-413 PW COPIER LEASE 5/20/23-06/20/23 138.76
Total 121616:138.76
ALISA BENSON 08/08/2023 121617 06.2023 REI 101-41110-437 LMC CONFERENCE MEAL-MILEAGE-HOTEL Mayor & Council 756.95
Total 121617:756.95
AMAZON CAPITAL SERVICE 08/08/2023 121618 1W3R-WQV 101-43000-240 COMPUTER ACCESSORIES Public Works Department 37.88
AMAZON CAPITAL SERVICE 08/08/2023 121618 1W3R-WQV 101-43000-224 FILE FOLDERS Public Works Department 33.74
AMAZON CAPITAL SERVICE 08/08/2023 121618 1W3R-WQV 101-43000-240 SHOP SUPPLIES Public Works Department 507.19
AMAZON CAPITAL SERVICE 08/08/2023 121618 1W3R-WQV 101-43000-221 GLASS 430 Public Works Department 51.25
AMAZON CAPITAL SERVICE 08/08/2023 121618 1W3R-WQV 601-49400-223 SQUEEGEE WATER PLANTS 55.26
AMAZON CAPITAL SERVICE 08/08/2023 121618 1W3R-WQV 101-43000-240 FIRE RADIOS BATTERY Public Works Department 244.95
AMAZON CAPITAL SERVICE 08/08/2023 121618 1W3R-WQV 101-43000-489 SHIPPING Public Works Department 5.98
AMAZON CAPITAL SERVICE 08/08/2023 121618 1W3R-WQV 101-43000-489 DISCOUNTS Public Works Department 6.76-
Total 121618:929.49
AMERICAN ENGINEERING TES 08/08/2023 121619 inv-134354-p 440-48970-304 21-039 NEW PUBLIC WORKS FACILITY 6,632.80
Total 121619:6,632.80
AT&T MOBILTY 08/08/2023 121620 2873263270 101-42110-321 MOBILE SERVICE Police Department 1,709.20
AT&T MOBILTY 08/08/2023 121620 2873263283 101-42400-321 MOBILE SERVICE Building & Zoning 165.76
AT&T MOBILTY 08/08/2023 121620 2873263283 101-45200-321 MOBILE SERVICE Parks 114.69
AT&T MOBILTY 08/08/2023 121620 2873263283 101-43000-321 MOBILE SERVICE Public Works Department 307.17
AT&T MOBILTY 08/08/2023 121620 2873263283 101-41900-321 MOBILE SERVICE Central Services 197.57
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
AT&T MOBILTY 08/08/2023 121620 2873263283 601-49400-321 MOBILE SERVICE 159.34
AT&T MOBILTY 08/08/2023 121620 2873263283 101-43100-321 MOBILE SERVICE Brush Site 145.23
Total 121620:2,798.96
BIFFS INC 08/08/2023 121621 W918156-PA 101-45200-415 BIFF RENTAL Parks 179.00
BIFFS INC 08/08/2023 121621 W918157-PA 101-45200-415 BIFF RENTAL Parks 166.00
BIFFS INC 08/08/2023 121621 W918158-PA 101-45200-415 BIFF RENTAL Parks 182.00
BIFFS INC 08/08/2023 121621 W918159-PA 101-45210-415 ORONO GOLF COURSE Golf Course 91.00
BIFFS INC 08/08/2023 121621 W918160-PA 101-45200-415 BIFF RENTAL Parks 91.00
BIFFS INC 08/08/2023 121621 W918161-PA 101-45200-415 BIFF RENTAL Parks 166.00
BIFFS INC 08/08/2023 121621 W918162-PA 101-45200-415 BIFF RENTAL Parks 91.00
BIFFS INC 08/08/2023 121621 W918163-PA 101-43100-415 BRUSH SITE Brush Site 91.00
Total 121621:1,057.00
BOYER TRUCKS INC 08/08/2023 121622 003P43743-P 701-49800-215 OIL FILTER FOR DUMP TRUCKS 223.44
Total 121622:223.44
BRIDGESTONE GOLF INC 08/08/2023 121623 1003173264-101-45210-095 GOLF BALLS Golf Course 477.00
BRIDGESTONE GOLF INC 08/08/2023 121623 inv-10031742 101-45210-095 GOLF BALLS Golf Course 296.38
Total 121623:773.38
CEMSTONE 08/08/2023 121624 7182307-pay 101-43100-489 CONCRETE BLOCKS FOR BINS Brush Site 1,600.00
Total 121624:1,600.00
CENTERPOINT ENERGY MAIN 08/08/2023 121625 2023.06 137 602-49450-381 GAS SERVICES 1377 VINE PL 6/23/23-7/25/23 Sewer 18.05
CENTERPOINT ENERGY MAIN 08/08/2023 121625 2023.06-PAY 601-49400-381 GAS SERVICE 660.63
CENTERPOINT ENERGY MAIN 08/08/2023 121625 2023.06-PAY 602-49450-381 GAS SERVICE Sewer 404.15
CENTERPOINT ENERGY MAIN 08/08/2023 121625 2023.06-PAY 101-41900-381 GAS SERVICE Central Services 149.00
CENTERPOINT ENERGY MAIN 08/08/2023 121625 2023.06-PAY 101-42110-381 GAS SERVICE Police Department 94.71
CENTERPOINT ENERGY MAIN 08/08/2023 121625 2023.06-PAY 101-45210-381 GAS SERVICE Golf Course 31.05
Total 121625:1,357.59
CIRCLE K 08/08/2023 121626 90629576 101-43000-212 NON OXY GAS FOR MIX (SMALLTOOLS)Public Works Department 21.57
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121626:21.57
GOPHER STATE ONE CALL 08/08/2023 121627 3040659 602-49450-227 SPLIT DISTRIBUTION Sewer 272.70
Total 121627:272.70
NCPERS GROUP LIFE INS.08/08/2023 121628 NCPERS 07 101-21710 PERA LIFE 08/2023 320.00
Total 121628:320.00
SUN LIFE FINANCIAL 08/08/2023 121629 SUNLIFE LIF 101-21710 LIFE INSURANCE - 07/2023 1,375.08
SUN LIFE FINANCIAL 08/08/2023 121629 SUNLIFE LIF 101-41900-319 LIFE INSURANCE - 07/2023 Central Services 32.40
SUN LIFE FINANCIAL 08/08/2023 121629 SUNLIFE ST 101-21714 STD- 7/2023 1,083.80
Total 121629:2,491.28
THE HARTFORD 08/08/2023 121630 HARTFORD 101-21713 LTD7/2023 1,886.63
THE HARTFORD 08/08/2023 121630 HARTFORD 101-41900-319 EAP 7/20/23 Central Services 15.12
Total 121630:1,901.75
ADVANCED IMAGING SOLUTIO 08/14/2023 121631 504919259-C 710-49970-413 PW COPIER LEASE 5/20/23-06/20/23-CREDIT 138.76-
ADVANCED IMAGING SOLUTIO 08/14/2023 121631 507251171 710-49970-413 PW COPIER LEASE 6/20/23-07/20/23 290.22
Total 121631:151.46
ALLSTREAM 08/14/2023 121632 19709322 101-45210-321 PHONE SERVICE 7/23/2023-08/22/2023 Golf Course 72.00
ALLSTREAM 08/14/2023 121632 19709322 101-42110-321 PHONE SERVICE 7/23/2023-08/22/2023 Police Department 216.10
ALLSTREAM 08/14/2023 121632 19709322 101-41900-321 PHONE SERVICE 7/23/2023-08/22/2023 Central Services 233.11
ALLSTREAM 08/14/2023 121632 19709322 602-49450-321 PHONE SERVICE 7/23/2023-08/22/2023 Sewer 74.57
ALLSTREAM 08/14/2023 121632 19709322 601-49400-321 PHONE SERVICE 7/23/2023-08/22/2023 146.54
Total 121632:742.32
AMAZON CAPITAL SERVICE 08/14/2023 121633 1C97-4W9V-101-43000-222 WINDSHIELD ADHESIVE Public Works Department 35.51-
AMAZON CAPITAL SERVICE 08/14/2023 121633 1JC7-F6JM-710-49970-221 PRIVACY SCREEN - FINANCE 20.99
AMAZON CAPITAL SERVICE 08/14/2023 121633 1KHW-YKVP 101-43000-224 WHITE BOARD WATER PLANT Public Works Department 54.36
AMAZON CAPITAL SERVICE 08/14/2023 121633 1KHW-YKVP 101-43000-240 SHOP SUPPLIES Public Works Department 171.02
AMAZON CAPITAL SERVICE 08/14/2023 121633 1KHW-YKVP 101-43000-240 FLASHLIGHT BATTERY Public Works Department 21.99
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
AMAZON CAPITAL SERVICE 08/14/2023 121633 1KHW-YKVP 101-43000-221 PARKS SALT SPREADER REPAIR Public Works Department 56.80
AMAZON CAPITAL SERVICE 08/14/2023 121633 1NML-13MQ-101-45210-221 GOLF CART TUBE Golf Course 68.85
AMAZON CAPITAL SERVICE 08/14/2023 121633 1NML-13MQ-101-43000-222 VEHICLE SUPPLIES Public Works Department 415.93
AMAZON CAPITAL SERVICE 08/14/2023 121633 1NML-13MQ-601-49400-221 USB DRIVE 94.98
AMAZON CAPITAL SERVICE 08/14/2023 121633 1NML-13MQ-101-41900-223 YOGA MATT CLEANER Central Services 35.99
AMAZON CAPITAL SERVICE 08/14/2023 121633 1NML-13MQ-101-43000-226 EAR PLUGS Public Works Department 121.87
AMAZON CAPITAL SERVICE 08/14/2023 121633 1W3R-WQV 101-43000-240 COMPUTER ACCESSORIES -CREDIT Public Works Department 37.88-
AMAZON CAPITAL SERVICE 08/14/2023 121633 1W3R-WQV 101-43000-224 FILE FOLDERS Public Works Department 33.74-
AMAZON CAPITAL SERVICE 08/14/2023 121633 1W3R-WQV 101-43000-240 SHOP SUPPLIES Public Works Department 507.19-
AMAZON CAPITAL SERVICE 08/14/2023 121633 1W3R-WQV 101-43000-221 GLASS 430 Public Works Department 51.25-
AMAZON CAPITAL SERVICE 08/14/2023 121633 1W3R-WQV 601-49400-223 SQUEEGEE WATER PLANTS 55.26-
AMAZON CAPITAL SERVICE 08/14/2023 121633 1W3R-WQV 101-43000-240 FIRE RADIOS BATTERY Public Works Department 244.95-
AMAZON CAPITAL SERVICE 08/14/2023 121633 1W3R-WQV 101-43000-489 SHIPPING Public Works Department 5.98-
AMAZON CAPITAL SERVICE 08/14/2023 121633 1W3R-WQV 101-43000-489 DISCOUNTS Public Works Department 6.76
Total 121633:97.78
AMERICAN PUBLIC WORKS AS 08/14/2023 121634 821890 01/0 651-49910-433 APWA MEMBERSHIP Storm Water 238.75
AMERICAN PUBLIC WORKS AS 08/14/2023 121634 821890 01/0 101-43000-433 APWA MEMBERSHIP Public Works Department 238.75
AMERICAN PUBLIC WORKS AS 08/14/2023 121634 821890 01/0 601-49400-433 APWA MEMBERSHIP 238.75
AMERICAN PUBLIC WORKS AS 08/14/2023 121634 821890 01/0 602-49450-433 APWA MEMBERSHIP Sewer 238.75
Total 121634:955.00
ANDREW & JESSICA JARNOT 08/14/2023 121635 07.2023 JAR 101-22205 ESCROW REFUND - RPS22-000123 1605 ORCHA 10,000.00
Total 121635:10,000.00
ANNA CARLSON 08/14/2023 121636 07.2023 A.C 101-41300-331 MILEAGE REIMBURSEMENT Administration 113.71
ANNA CARLSON 08/14/2023 121636 07.2023 A.C 101-41110-439 MEAL FOR MEETING 062623 Mayor & Council 113.76
Total 121636:227.47
APACHE GROUP OF MN INC 08/14/2023 121637 226607 101-41900-223 CAN LINERS Central Services 321.44
Total 121637:321.44
Aspen Mills 08/14/2023 121638 315749 101-42110-226 UNIFORMS/KK BECK CSO Police Department 135.00
Aspen Mills 08/14/2023 121638 316995 101-42110-226 UNIFORMS KKBECK / BALL CAP Police Department 62.41
Aspen Mills 08/14/2023 121638 317602 101-42110-226 UNIFORMS SONNEK Police Department 36.06
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121638:233.47
BCA TRAINING & DEVELOPMEN 08/14/2023 121639 07.2023 STU 101-42110-437 TRAINING / STURM DMT Police Department 75.00
BCA TRAINING & DEVELOPMEN 08/14/2023 121639 30574 - S. S 101-42110-437 DMT ONLINE RECERT / SCHULTZ Police Department 75.00
Total 121639:150.00
BOLTON & MENK INC.08/14/2023 121640 0316700 440-48975-304 21-039 PW FACILITY CONSTRUCTION 6,896.00
Total 121640:6,896.00
BRENT LONGVAL 08/14/2023 121641 2023.08 LA2 101-22205 ESCROW REFUND - LA23-000023 1856 SHADYW 700.00
Total 121641:700.00
BRIAN & CARLEE AMELUXEN 08/14/2023 121642 2023.08 AME 999-10015 UB REFUND - 3997 WEBB ST 185.75
Total 121642:185.75
CARGILL SALT 08/14/2023 121643 2908459165 601-49400-216 SOFTENER SALT FOR WTR PLANT 6,008.25
Total 121643:6,008.25
CECE S SIGNS INC 08/14/2023 121644 9346 101-42260-221 GRAPHICS FOR TAHOE Fire Protection Services 375.00
Total 121644:375.00
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.06 137 602-49450-381 GAS SERVICES 1377 VINE PL 6/23/23-7/25/23-CR Sewer 18.05-
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.06-CRE 601-49400-381 GAS SERVICE 660.63-
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.06-CRE 602-49450-381 GAS SERVICE Sewer 404.15-
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.06-CRE 101-41900-381 GAS SERVICE Central Services 149.00-
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.06-CRE 101-42110-381 GAS SERVICE Police Department 94.71-
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.06-CRE 101-45210-381 GAS SERVICE Golf Course 31.05-
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.07 601-49400-381 GAS SERVICE 6/22/23-7/24-23 636.12
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.07 602-49450-381 GAS SERVICE 6/22/23-7/24-23 Sewer 429.93
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.07 101-41900-381 GAS SERVICE 6/22/23-7/24-23 Central Services 88.48
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.07 101-42110-381 GAS SERVICE 6/22/23-7/24-23 Police Department 47.72
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.07 101-45210-381 GAS SERVICE 6/22/23-7/24-23 Golf Course 27.79
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.08 601-49400-381 GAS SERVICE 636.12
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.08 602-49450-381 GAS SERVICE Sewer 429.92
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.08 101-41900-381 GAS SERVICE Central Services 88.48
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.08 101-42110-381 GAS SERVICE Police Department 47.72
CENTERPOINT ENERGY MAIN 08/14/2023 121645 2023.08 101-45210-381 GAS SERVICE Golf Course 27.80
Total 121645:1,102.49
CENTRAL PENSION FUND SOU 08/14/2023 121646 CPF 072723 101-21705 CENTRAL PENSION FUND 072723 880.00
CENTRAL PENSION FUND SOU 08/14/2023 121646 CPF081023 101-21705 CENTRAL PENSION FUND 081023 880.00
Total 121646:1,760.00
CENTURY LINK 08/14/2023 121647 2023.06 WT 601-49400-321 WTP PHONE/INTERNET 06/04/23-7/03/2023 279.50
Total 121647:279.50
Century Link 08/14/2023 121648 07.2023 GC 101-45210-321 GC PHONE/INTERNET Golf Course 227.81
Total 121648:227.81
CHUNKS LAKESHORE AUTO 08/14/2023 121649 0020252 101-42110-402 SQUAD MAINT #261 CABIN FILTER/TIRE ROTATI Police Department 206.11
Total 121649:206.11
CITY OF CORCORAN 08/14/2023 121650 2023.08 101-43280-438 TOWARDS ZERO DEATHS GRANT Special Services 13,128.99
Total 121650:13,128.99
CITY OF CRYSTAL 08/14/2023 121651 2023.08 101-43280-438 2023 TOWARDS ZERO DEATHS GRANT Special Services 12,071.10
Total 121651:12,071.10
CITY OF MEDINA 08/14/2023 121652 2023.08 101-43280-438 2023 TOWARDS ZERO DEATHS GRANT Special Services 4,424.99
Total 121652:4,424.99
CITY OF NEW HOPE 08/14/2023 121653 2023.08 101-43280-438 2023 TOWARDS ZERO DEATHS GRANT Special Services 6,896.79
Total 121653:6,896.79
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
City of Orono Utilities 08/14/2023 121654 2023.07 PW 101-41900-382 JULY 2023 PW Central Services 151.49
City of Orono Utilities 08/14/2023 121654 2023.07 US 101-41900-382 JULY 2023 UB - PO Central Services 86.37
City of Orono Utilities 08/14/2023 121654 2023.07 WT 601-49400-382 JULY 2023 UB - WTP 156.74
City of Orono Utilities 08/14/2023 121654 JULY - CH & 101-42110-382 JUNE 2023 UB CH & PD Police Department 708.51
City of Orono Utilities 08/14/2023 121654 JULY - CH & 101-41900-382 JUNE 2023 UB CH & PD Central Services 708.50
Total 121654:1,811.61
CITY OF ROBBINSDALE 08/14/2023 121655 2023.08 101-43280-438 2023 TOWARDS ZERO DEATHS GRANT Special Services 3,332.46
Total 121655:3,332.46
CITY OF WAYZATA 08/14/2023 121656 JULY 2023 W 602-49450-387 JULY 2023 SEWER Sewer 13,606.80
CITY OF WAYZATA 08/14/2023 121656 JULY 2023 W 601-49400-387 JULY 2023 WATER 6,750.90
Total 121656:20,357.70
CIVICPLUS LLC 08/14/2023 121657 268937 614-16500 CIVICPLUS WEBSITE ANNUAL FEE 8,062.30
Total 121657:8,062.30
CLAREY'S SAFETY EQUIPMENT 08/14/2023 121658 206455 415-42260-550 AIRPACKS FOR LADDER TRUCK 43,279.33
Total 121658:43,279.33
COLLIN PALM 08/14/2023 121659 07.2023 PAL 101-42110-437 TRAINING / PALM / 40M / OUT OF CITY STAY / M Police Department 481.23
Total 121659:481.23
CORE & MAIN 08/14/2023 121660 T283544 601-49400-227 WATER REPAIR REPARTS 20,111.49
CORE & MAIN 08/14/2023 121660 T284050-CR 601-49400-227 CREDIT ON RETURNED WATER PARTS 2,256.14-
Total 121660:17,855.35
DAHLHEIMER BEVERAGE MON 08/14/2023 121661 1961043 101-45210-091 ALCOHOL Golf Course 739.30
DAHLHEIMER BEVERAGE MON 08/14/2023 121661 1961043 101-45210-093 CONCESSIONS Golf Course 141.60
DAHLHEIMER BEVERAGE MON 08/14/2023 121661 1966120 101-45210-091 ALCOHOL Golf Course 516.30
DAHLHEIMER BEVERAGE MON 08/14/2023 121661 1966120 101-45210-093 CONCESSIONS Golf Course 367.50
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121661:1,764.70
David Goman 08/14/2023 121662 07212023 101-43000-437 LICENCE RENEWAL Public Works Department 11.00
Total 121662:11.00
Davis Chevrolet(DO NOT USE TH 08/14/2023 121663 25653 701-49800-222 SPARE RIM FOR TAHOES 370.95
Total 121663:370.95
DEVEN STEINMEYER 08/14/2023 121664 07.2023 STE 999-10015 UB REFUND - 2650 KELLY AVE 335.76
Total 121664:335.76
DUNBROOKE APPAREL CORP 08/14/2023 121665 2-059282 101-45210-095 MERCHANDISE Golf Course 423.07
Total 121665:423.07
EARL F ANDERSON & ASSOC 08/14/2023 121666 0133205-in 101-45200-223 PARK SIGNS FOR NAVARRE PARKING LOT Parks 278.70
EARL F ANDERSON & ASSOC 08/14/2023 121666 0133462-IN 101-43000-224 SIGNS Public Works Department 123.95
Total 121666:402.65
EBERT INC 08/14/2023 121667 PW PAY APP 440-20600 21-039 NEW PUBLIC WORK FACILITY CONSTRU 2,476,911.84
EBERT INC 08/14/2023 121667 PW PAY APP 440-20600 21-039 NEW PUBLIC WORK FACILITY CONSTRU 123,845.61-
Total 121667:2,353,066.23
ECM PUBLISHERS INC 08/14/2023 121668 955764 101-42260-489 SECOND AD FOR RECRUITMENT OPEN HOUSE Fire Protection Services 363.00
ECM PUBLISHERS INC 08/14/2023 121668 957560 101-41900-340 MAINTENANCE WORKER ADVERTISING Central Services 349.20
ECM PUBLISHERS INC 08/14/2023 121668 958422 101-41900-340 MAINTENANCE WORKER ADVERTISING Central Services 129.20
ECM PUBLISHERS INC 08/14/2023 121668 958423 101-41900-340 AD FOR SEASONAL SHOP FLEET HELP Central Services 349.20
ECM PUBLISHERS INC 08/14/2023 121668 959315 101-42400-340 PH FOR B&Z Building & Zoning 83.44
Total 121668:1,274.04
ESRI Inc 08/14/2023 121669 94497114 710-49970-416 ARCGIS LICENSING 756.00
ESRI Inc 08/14/2023 121669 94537878 710-49970-416 GIS LICENSING 110.32
ESRI Inc 08/14/2023 121669 94539616 101-42400-416 ARCVIEW LICENSING Building & Zoning 4,186.41
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121669:5,052.73
EXPERIENCE POOL & SPA 08/14/2023 121670 2023.08 RAS 101-22205 ESCROW REFUND - RAS22-000002 940 NORTH 1,000.00
Total 121670:1,000.00
FASTENAL COMPANY 08/14/2023 121671 MNPLY1403 101-43000-226 CREDIT ON GLOVES PPE Public Works Department 122.47-
FASTENAL COMPANY 08/14/2023 121671 MNPLY1417 701-49800-215 NUTS AND BOLTS 222.89
Total 121671:100.42
FAUL PSYCHOLOGICAL 08/14/2023 121672 1609 101-42110-319 PSYCH TESTING - SCHWARZ Police Department 650.00
Total 121672:650.00
FERGUSON WATERWORKS #25 08/14/2023 121673 0511217 601-49400-227 METERS 5,846.07
Total 121673:5,846.07
GB AUTO SERVICE, INC 08/14/2023 121674 23472 701-49800-402 AIR CONDITIONER REPAIR UNIT 266 1,453.30
Total 121674:1,453.30
GOPHER ACE 08/14/2023 121675 016825/1 701-49800-215 HOLD DOWN LINKS FOR 604 TOOLCAT SPRAYE 21.16
GOPHER ACE 08/14/2023 121675 016951/1 101-45200-221 PLASTIC BUCKETS Parks 13.98
GOPHER ACE 08/14/2023 121675 016968/1 101-45200-221 PAINT BRUSH Parks 6.99
GOPHER ACE 08/14/2023 121675 016973/1 701-49800-215 NUTS AND BOLTS 18.36
GOPHER ACE 08/14/2023 121675 16807 101-43000-224 BATTERY D Public Works Department 19.99
GOPHER ACE 08/14/2023 121675 16807/1 101-43000-224 BATTERY D Public Works Department 19.99
GOPHER ACE 08/14/2023 121675 16825 701-49800-215 MOUNTS FOR FOAM SPRAYER ON 604 21.16
GOPHER ACE 08/14/2023 121675 16885 101-43000-240 SHOP SUPPLIES Public Works Department 14.99
GOPHER ACE 08/14/2023 121675 16885/1 101-43000-224 UTLITY BLADES Public Works Department 14.99
GOPHER ACE 08/14/2023 121675 16948/1 101-43000-240 POLE SAW Public Works Department 795.97
GOPHER ACE 08/14/2023 121675 16959 101-43000-224 CONCRETE FOR SIGNS Public Works Department 7.59
GOPHER ACE 08/14/2023 121675 16959/1 101-43000-224 CONCRETE FOR SIGNS Public Works Department 7.59
GOPHER ACE 08/14/2023 121675 17010/1 101-43000-224 ROPE FOR BOAT Public Works Department 23.99
GOPHER ACE 08/14/2023 121675 17040/1 701-49800-215 NUTS AND BOLTS FOR 471 REPAIR 4.45
GOPHER ACE 08/14/2023 121675 17064 101-43000-224 SPRY PAINT Public Works Department 7.99
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121675:999.19
GOPHER STATE ONE CALL 08/14/2023 121676 3070658 602-49450-227 SPLIT DISTRIBUTION Sewer 486.00
Total 121676:486.00
GRAFIX SHOPPE 08/14/2023 121677 151833 415-42260-550 LICENSE PLATE WITH LOGO FOR FIRE 661.54
GRAFIX SHOPPE 08/14/2023 121677 152098 101-42110-550 SQUAD 272 273 GRAFIX/NEW SET UP Police Department 1,830.00
Total 121677:2,491.54
GUARDIAN FLEET SAFETY 08/14/2023 121678 230855 101-42110-402 SQUAD REPAIR #260 VISOR BAR Police Department 159.50
Total 121678:159.50
HAWKINS INC 08/14/2023 121679 6541903 601-49400-404 SCALE FOR CHLORINE TANKS @ NAVARRE WA 3,431.00
Total 121679:3,431.00
HENNEPIN COUNTY SHERIFF 08/14/2023 121680 1000207459 101-41600-309 JAIL INOVICES Law/Legal Services 62.96
Total 121680:62.96
HENNEPIN COUNTY SHERIFF 08/14/2023 121681 1000210881 101-42110-414 HENN CO RADIO FLEET FEE Police Department 3,376.46
HENNEPIN COUNTY SHERIFF 08/14/2023 121681 1000210904 101-43000-415 MONTHLY RADIO FEE Public Works Department 296.89
Total 121681:3,673.35
HENNESSY, COLIN 08/14/2023 121682 2023.7 7/17/101-42110-221 OFFICE SUPPLIES / HENNESSY / BATTERIES Police Department 31.17
Total 121682:31.17
HOLIDAY COMPANIES 08/14/2023 121683 0796010823 101-42110-402 CAR WASHES / HOLIDAY Police Department 247.50
Total 121683:247.50
HYDRO KLEAN 08/14/2023 121684 2023 CIPP-P 602-16500 22-014 2023 SEWER REHABILITATION PROJECT 25,672.44
HYDRO KLEAN 08/14/2023 121684 2023 CIPP-P 602-20600 22-014 2023 SEWER REHABILITATION PROJECT 1,283.62-
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121684:24,388.82
International Union Local #49 08/14/2023 121685 LOCAL49 07 101-21707 LOCAL 49 DUES - 07/2023 385.00
International Union Local #49 08/14/2023 121685 LOCAL49-08 101-21707 LOCAL 49 DUES - 08/2023 385.00
Total 121685:770.00
JEFF HABISCH 08/14/2023 121686 2023.08 RPS 101-22205 ESCROW REFUND - RPS21-000174 3694 NORTH 10,000.00
Total 121686:10,000.00
JOHN KRAEMER & SONS 08/14/2023 121687 07.2023 JOH 101-22205 ESCROW REFUND - RAS22-000011 1,000.00
Total 121687:1,000.00
KODIAK POWER SOLUTIONS 08/14/2023 121688 12391919 601-49400-489 YEARLY SERVICE ON GENERATORS 9,905.00
Total 121688:9,905.00
KYLE KIRSCHNER 08/14/2023 121689 07.2023 KIR 101-42110-317 XERXES CARE Police Department 210.37
Total 121689:210.37
LANO EQUIPMENT INC 08/14/2023 121690 03-1009212 651-49910-415 EXCAVATOR RENTAL Storm Water 500.00
LANO EQUIPMENT INC 08/14/2023 121690 03-1013824 701-49800-403 REPAIR ROLLARS ON UNIT 452 2,917.12
LANO EQUIPMENT INC 08/14/2023 121690 03-1014486 701-49800-215 FUEL TANK FOR UNIT UNIT 604 644.54
LANO EQUIPMENT INC 08/14/2023 121690 03-1014487 701-49800-215 REPAIR SHAFT POLE SAW 561.26
Total 121690:4,622.92
LAW ENFORCEMENT LABOR S 08/14/2023 121691 LELS072723 101-21707 LELS DUES - LOCAL 168 7/2023 337.50
LAW ENFORCEMENT LABOR S 08/14/2023 121691 LELS072723 101-21707 LELS DUES - LOCAL 40 7/2023 1,249.24
Total 121691:1,586.74
LEAGUE OF MN CITIES 08/14/2023 121692 386203 101-41110-437 CITY COUNCIL MEMBER TRAINING Mayor & Council 99.00
Total 121692:99.00
City of Orono Check Register - COUNCIL REPORT Page: 13
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
LEAGUE OF MN CITIES INS TR 08/14/2023 121693 8388 703-49960-379 DEDUCTIBLE-MEDIA COM CLAIM 1,750.00
Total 121693:1,750.00
LEOWEBPROTECT.com 08/14/2023 121694 4757 101-42110-433 LEO WEB Police Department 143.06
Total 121694:143.06
LOGIS 08/14/2023 121695 53741 101-42110-310 POLICE RECORDS Police Department 8,119.00
LOGIS 08/14/2023 121695 53741 710-49970-329 INTERNET 600.00
LOGIS 08/14/2023 121695 53741 101-41900-221 HOSTED BACKUPS Central Services 1,125.00
LOGIS 08/14/2023 121695 53741 710-49970-311 HOSTED SERVERS 1,399.00
LOGIS 08/14/2023 121695 53741 710-49970-311 HOSTED COMPLIANCE ARCHIVE 537.00
LOGIS 08/14/2023 121695 53741 710-49970-311 HOSTED WATCHGUARD 650.00
LOGIS 08/14/2023 121695 53741 710-49970-401 FIBER SERVICES 163.00
LOGIS 08/14/2023 121695 53800 101-42110-310 POLICE RECORDS Police Department 8,119.00
LOGIS 08/14/2023 121695 53800 710-49970-329 INTERNET 600.00
LOGIS 08/14/2023 121695 53800 101-41900-221 HOSTED BACKUPS Central Services 1,125.00
LOGIS 08/14/2023 121695 53800 710-49970-311 HOSTED SERVERS 1,399.00
LOGIS 08/14/2023 121695 53800 710-49970-311 HOSTED COMPLIANCE ARCHIVE 537.00
LOGIS 08/14/2023 121695 53800 710-49970-311 HOSTED WATCHGUARD 650.00
LOGIS 08/14/2023 121695 53800 710-49970-401 FIBER SERVICES 163.00
LOGIS 08/14/2023 121695 53858 101-42110-310 POLICE RECORDS Police Department 8,119.00
LOGIS 08/14/2023 121695 53858 710-49970-329 INTERNET 600.00
LOGIS 08/14/2023 121695 53858 101-41900-221 HOSTED BACKUPS Central Services 1,125.00
LOGIS 08/14/2023 121695 53858 710-49970-311 HOSTED SERVERS 1,399.00
LOGIS 08/14/2023 121695 53858 710-49970-311 HOSTED COMPLIANCE ARCHIVE 537.00
LOGIS 08/14/2023 121695 53858 710-49970-311 HOSTED WATCHGUARD 650.00
LOGIS 08/14/2023 121695 53858 710-49970-401 FIBER SERVICES 163.00
LOGIS 08/14/2023 121695 54077 710-49970-416 CISCO UMBRELLA DNS SECURITY 1,087.50
LOGIS 08/14/2023 121695 54077 710-49970-416 CISCO ENDPOINTS ESSENTIALS 1,232.50
LOGIS 08/14/2023 121695 54077 710-49970-329 LOCATES 19.70
LOGIS 08/14/2023 121695 54077 710-49970-329 LOCATES 17.61
LOGIS 08/14/2023 121695 54077 710-49970-416 SHI MICROSOFT AS RENEWAL 2,373.80
LOGIS 08/14/2023 121695 54077 710-49970-221 TOKENS 45.00
LOGIS 08/14/2023 121695 54077 710-49970-401 WIRELESS UPGRADEES 843.75
LOGIS 08/14/2023 121695 54077 710-49970-401 NETWORK SERVICE (3 MONTHS)5,096.25
Total 121695:48,495.11
City of Orono Check Register - COUNCIL REPORT Page: 14
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
LUBE TECH ESI 08/14/2023 121696 3255915 701-49800-213 PICK UP USED OIL 130.00
Total 121696:130.00
MACQUEEN EQUIPMENT LLC 08/14/2023 121697 P08588 - PA 415-42260-550 LADDER TRUCK PARTS 270.00
MACQUEEN EQUIPMENT LLC 08/14/2023 121697 P08706 601-49400-227 PART FOR LADDER TRUCK 1,312.78
Total 121697:1,582.78
MANSFIELD OIL COMPANY 08/14/2023 121698 24486149 101-42110-212 UNLEADED FUEL Police Department 3,260.58
MANSFIELD OIL COMPANY 08/14/2023 121698 24486150 701-49800-212 DIESEL FUEL 1,611.55
MANSFIELD OIL COMPANY 08/14/2023 121698 24486157 101-42110-212 UNLEADED FUEL Police Department 2,739.78
Total 121698:7,611.91
MARTIN MARIETTA MATERIALS 08/14/2023 121699 39632172 101-43000-224 PATCHING Public Works Department 111.15
Total 121699:111.15
MEB ENTERPRISE, INC 08/14/2023 121700 1251 101-43000-408 REPAIR WALL DAMAGED Public Works Department 6,860.00
MEB ENTERPRISE, INC 08/14/2023 121700 1252 601-49400-405 REPAIR ROADWAY AFTER WATER MAIN REPAIR 3,411.00
MEB ENTERPRISE, INC 08/14/2023 121700 1254 101-43000-408 REPAIR SPILLWAY/CURB Public Works Department 8,500.00
Total 121700:18,771.00
METROPOLITAN COUNCIL ENVI 08/14/2023 121701 0001160660 602-49450-383 WASTWATER SERVICE 09/2023 Sewer 63,916.11
Total 121701:63,916.11
MICHAEL CLARK 08/14/2023 121702 2023.08 LA2 101-22205 ESCROW REFUND - LA23-000022 565 LEAF STR 700.00
Total 121702:700.00
MINNEAPOLIS OXYGEN COMPA 08/14/2023 121703 00113117 101-43000-415 ACETYLENE, OXYGEN Public Works Department 70.59
MINNEAPOLIS OXYGEN COMPA 08/14/2023 121703 00113118 101-42110-221 OXYGEN REFILL Police Department 141.17
MINNEAPOLIS OXYGEN COMPA 08/14/2023 121703 00113119 101-42110-221 MEDICAL OXYGEN Police Department 20.43
MINNEAPOLIS OXYGEN COMPA 08/14/2023 121703 20285778 101-42110-221 MEDICAL OXYGEN Police Department 115.04
Total 121703:347.23
City of Orono Check Register - COUNCIL REPORT Page: 15
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
MINNEAPOLIS PARK POLICE 08/14/2023 121704 2023.08 101-43280-438 2023 TOWARDS ZERO DEATHS GRANT Special Services 405.51
Total 121704:405.51
MINNESOTA SECURITY CONSO 08/14/2023 121705 1166 101-42110-414 2023 BWC AUDIT Police Department 3,200.00
Total 121705:3,200.00
Minnesota Topsoil 08/14/2023 121706 1853 651-49910-406 YARD WASTE HAULOUT Storm Water 2,700.00
Total 121706:2,700.00
MINNETRISTA PUBLIC SAFETY 08/14/2023 121707 2023.08 101-43280-438 TOWARDS ZERO DEATHS GRANT Special Services 7,028.17
Total 121707:7,028.17
MN POLLUTION CONTROL AGE 08/14/2023 121708 07262023 602-49450-437 SEWER SCHOOL - JAMES NELSON Sewer 390.00
Total 121708:390.00
MNSPECT LLC 08/14/2023 121709 0101982-IN 101-42400-310 STATE PLAN REVIEW Building & Zoning 77.50
MNSPECT LLC 08/14/2023 121709 0102020-IN 101-42400-310 STATE PLAN REVIEW Building & Zoning 718.75
Total 121709:796.25
Modern Power Solutions LLC 08/14/2023 121710 12347525 602-49450-403 GENERATOR ANNUAL MAINT. -L/S GEN & PORTA Sewer 9,905.00
Total 121710:9,905.00
MOTOROLA 08/14/2023 121711 8281673569 101-42110-221 BATTERIES - PD Police Department 613.88
Total 121711:613.88
MTI DISTRIBUTING INC 08/14/2023 121712 1396361-00 101-45210-404 IRRIGATION REPAIR Golf Course 848.25
MTI DISTRIBUTING INC 08/14/2023 121712 1399427-00 101-45210-404 IRRIGATION REPAIR Golf Course 100.38
MTI DISTRIBUTING INC 08/14/2023 121712 1399514-00 101-45210-404 IRRIGATION REPAIR Golf Course 135.00
Total 121712:1,083.63
NAVARRE HARDWARE 08/14/2023 121713 343084 101-41900-404 TOILET REPAIR Central Services 7.49
City of Orono Check Register - COUNCIL REPORT Page: 16
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
NAVARRE HARDWARE 08/14/2023 121713 343136 101-45200-404 PLAYGROUND REPAIR EQUIPMENT Parks 25.98
NAVARRE HARDWARE 08/14/2023 121713 343229 602-49450-227 POS SEWER CAP Sewer 15.99
NAVARRE HARDWARE 08/14/2023 121713 343333 101-41900-223 TRASH BAGS Central Services 23.99
NAVARRE HARDWARE 08/14/2023 121713 343360 602-49450-227 POS SUPPLIES Sewer 18.99
Total 121713:92.44
NOVA COMMUNICATIONS INC 08/14/2023 121714 IN-80009186 101-42110-321 PHONE SERVICE 8/23 Police Department 112.94
NOVA COMMUNICATIONS INC 08/14/2023 121714 IN-80009186 101-41900-321 PHONE SERVICE 8/23 Central Services 112.94
Total 121714:225.88
Oertel Architects, Ltd 08/14/2023 121715 21-12.14 440-48975-319 21-039 PUBLIC WORKS BUILDING 10,112.02
Total 121715:10,112.02
OFFICE DEPOT 08/14/2023 121716 3214131970 101-42110-201 OFFICE SUPPLIES Police Department 17.48
OFFICE DEPOT 08/14/2023 121716 3214131980 101-42110-201 OFFICE SUPPLIES Police Department 17.71
OFFICE DEPOT 08/14/2023 121716 3214131990 101-42110-201 OFFICE SUPPLIES Police Department 28.02
OFFICE DEPOT 08/14/2023 121716 3255939668 101-42110-201 MISC OFFICE SUPPLIES Police Department 83.34
Total 121716:146.55
OPD BUSINESS SOLUTIONS LL 08/14/2023 121717 3003228340 101-42110-201 OFFICE SUPPLIES Police Department 114.87
OPD BUSINESS SOLUTIONS LL 08/14/2023 121717 3028293340 101-41900-201 INK FOR PLOTTER Central Services 321.00
OPD BUSINESS SOLUTIONS LL 08/14/2023 121717 3213060290 101-42110-201 OFFICE SUPPLIES Police Department 250.74
OPD BUSINESS SOLUTIONS LL 08/14/2023 121717 3213982930 101-41900-201 NOTEBOOKS, PENS Central Services 29.79
OPD BUSINESS SOLUTIONS LL 08/14/2023 121717 3213982930 101-41900-201 WHITEBOARD Central Services 89.59
OPD BUSINESS SOLUTIONS LL 08/14/2023 121717 3240605450 101-42110-201 MISC OFFICE SUPPLIES Police Department 70.93
OPD BUSINESS SOLUTIONS LL 08/14/2023 121717 3255939680 101-42110-201 OFFICE SUPPLIES Police Department 83.34
Total 121717:960.26
OPEIU - LOCAL 12 08/14/2023 121718 OPEIU07202 101-21707 UNION DUES - LOCAL 12 07/2023 672.00
Total 121718:672.00
OPTUM 08/14/2023 121719 0001471479 101-41900-319 HSA MAINTENANCE FEE 2ND QTR 2023 Central Services 130.00
City of Orono Check Register - COUNCIL REPORT Page: 17
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121719:130.00
OTTEN BROTHERS 08/14/2023 121720 1-1761155 601-49400-405 MULCH FOR WATER BREAK @ 2032 SHADYWO 25.16
OTTEN BROTHERS 08/14/2023 121720 1-1761642 101-41900-404 CITY HALL LANDSCAPING Central Services 53.67
OTTEN BROTHERS 08/14/2023 121720 1-1761955 602-49450-406 SOD FOR FORCEMAIN REPAIR Sewer 58.68
Total 121720:137.51
PLAISTED COMPANIES INC 08/14/2023 121721 62937 101-45200-404 PLAYGROUND MULCH Parks 3,437.48
Total 121721:3,437.48
QUADIENT INC 08/14/2023 121722 2023.08 POS 101-41900-322 POSTAGE REFILL Central Services 121.06
Total 121722:121.06
QUALITY FLOW SYSTEMS INC 08/14/2023 121723 45300 602-49450-406 PUMP REPLACEMENT Sewer 3,080.00
QUALITY FLOW SYSTEMS INC 08/14/2023 121723 45301 602-49450-406 PUMP REPLACEMENT Sewer 4,580.00
QUALITY FLOW SYSTEMS INC 08/14/2023 121723 45306 602-49450-406 NEW 1500 CT CONTROLLER Sewer 3,970.00
Total 121723:11,630.00
RDO EQUIPMENT CO 08/14/2023 121724 P7390014 701-49800-215 HYDRAULIC MOTORS FOR CHIPPER 471 1,476.66
Total 121724:1,476.66
REPUBLIC SERVICES #894 08/14/2023 121725 3-0894-3468 101-45210-404 TRASH SERVICE Golf Course 2,023.50
Total 121725:2,023.50
Riverside Design 08/14/2023 121726 3839 101-42110-201 INSURANCE INFORMATION FORMS Police Department 95.00
Riverside Design 08/14/2023 121726 3853 101-42110-352 DOMESTIC ABUSE CARDS Police Department 232.50
Total 121726:327.50
ROGERS POLICE DEPARTMEN 08/14/2023 121727 2023.08 101-43280-438 2023 TOWARDS ZERO DEATHS GRANT Special Services 11,955.91
Total 121727:11,955.91
City of Orono Check Register - COUNCIL REPORT Page: 18
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
ROSS FORMELL & SUZANNE H 08/14/2023 121728 2023.08 RAS 101-22205 ESCROW REFUND - RAS22-000087 725 LAKEVIE 1,000.00
Total 121728:1,000.00
RYAN AUTO MALL 08/14/2023 121729 256907 701-49800-215 HEADLIGHT FOR PD UNIT 260 690.00
RYAN AUTO MALL 08/14/2023 121729 674210 701-49800-402 SQUAD 259 REPAIR OIL COOLER 2,501.10
Total 121729:3,191.10
SCOTT SPINKS 08/14/2023 121730 2023.06 101-41110-489 LOGO DESIGN Mayor & Council 650.00
Total 121730:650.00
SD CUSTOM HOMES - SEAN D 08/14/2023 121731 07.2023 SD 101-22205 ESCROW REFUND - RPS21-000107 133 CHEVY 1,000.00
Total 121731:1,000.00
SECURITY & SOUND CO 08/14/2023 121732 26767 710-49970-221 NEW AMP - COUNCIL CHAMBE UPGRADES 889.00
Total 121732:889.00
SHAUGHNESSY LAWN CARE 08/14/2023 121733 06.15.23 - 07 101-45200-404 PARK MOWING Parks 4,142.86
Total 121733:4,142.86
SHERWIN WILLIAMS 08/14/2023 121734 4102.6 101-45210-240 PAINT BRUSHES Golf Course 13.07
SHERWIN WILLIAMS 08/14/2023 121734 4102-6 101-45200-221 PAINT ROLLERS Parks 13.07
Total 121734:26.14
SiteOne Landscape Supply LLC 08/14/2023 121735 132767496-0 101-45200-404 SEED MIX Parks 219.32
SiteOne Landscape Supply LLC 08/14/2023 121735 133041922-0 101-41900-404 STARTER MULCH FOR CITY HALL Central Services 111.25
SiteOne Landscape Supply LLC 08/14/2023 121735 133068924-0 101-45200-216 FERTILIZER Parks 489.95
SiteOne Landscape Supply LLC 08/14/2023 121735 133069736-0 101-45210-221 LAPPING COMPOUND Golf Course 17.56
Total 121735:838.08
SNAP-ON TOOLS INC 08/14/2023 121736 0724231566 701-49800-240 SHOP TOOLS- SOCKET 42.00
SNAP-ON TOOLS INC 08/14/2023 121736 0724231566 701-49800-240 SHOP TOOLS- SOCKET 30.25
SNAP-ON TOOLS INC 08/14/2023 121736 0724231566 701-49800-240 SHOP TOOLS HOSE CLAMP PLIERS 204.50
City of Orono Check Register - COUNCIL REPORT Page: 19
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 121736:276.75
SOUTH LAKE MINNETONKA PO 08/14/2023 121737 2023.08 101-43280-438 2023 TOWARDS ZERO DEATHS GRANT Special Services 15,331.24
Total 121737:15,331.24
STEPHEN RUEDISILI 08/14/2023 121738 2023.07 RUE 999-10015 UB REFUND - 2012 SUGARWOOD DR 157.96
Total 121738:157.96
STRUCTURES INC 08/14/2023 121739 07.2023 STR 101-22205 ESCROW REFUND - RAS19-000067 1400 BRACK 1,000.00
Total 121739:1,000.00
SUBURBAN RATE AUTHORITY 08/14/2023 121740 2023.07 2ND 101-41110-433 2023 MEMBERSHIP ASSESSMENT - 2ND HALF Mayor & Council 479.00
Total 121740:479.00
T W TUPY INC 08/14/2023 121741 080624 101-43000-224 RIVER ROCK TO YARD Public Works Department 1,801.04
Total 121741:1,801.04
TALLEN AND BAERTSCHI 08/14/2023 121742 07.2023 PRO 101-41600-306 PROSECUTION SERVICES 07/2023 Law/Legal Services 3,396.53
Total 121742:3,396.53
THEISEN, BENJAMIN 08/14/2023 121743 07282023 101-43000-226 PPE BOOTS Public Works Department 249.20
Total 121743:249.20
THOMSON WEST - WEST 08/14/2023 121744 848704717 101-42110-311 INTEL PROCESSING/THOMSON REUTERS Police Department 302.99
Total 121744:302.99
TimeSaver Off Site Secretarial Inc 08/14/2023 121745 m28428 101-45200-319 PC MINUTES Parks 159.00
TimeSaver Off Site Secretarial Inc 08/14/2023 121745 m28428 101-41110-439 CC MEETING MINUTES Mayor & Council 347.75
Total 121745:506.75
City of Orono Check Register - COUNCIL REPORT Page: 20
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
TOLL GAS & WELDING SUPPLY 08/14/2023 121746 40179753 101-43000-415 CYLINDER & DEMURRAGE Public Works Department 12.71
Total 121746:12.71
TONY WHITE 08/14/2023 121747 2023.07 REI 101-42110-226 INV CLOTHING / 523 - FIREARMS TRAINING SUP Police Department 324.10
Total 121747:324.10
Town & Country Fence 08/14/2023 121748 141152 101-43000-408 FRENCE REPAIR TASK 74773 Public Works Department 642.50
Total 121748:642.50
TRACY FINCH - CERTIFICATION 08/14/2023 121749 SH-272 602-49450-437 WASTEWATER OPERATOR CERTIFICATION, S. Sewer 40.00
Total 121749:40.00
TWIN CITY SEED COMPANY 08/14/2023 121750 54740 101-45200-404 EROSION CONTROL Parks 149.60
Total 121750:149.60
U.S. AutoForce 08/14/2023 121751 INV00014112 701-49800-215 REPLACEMENT TIRE FOR SQ. 268 182.30
U.S. AutoForce 08/14/2023 121751 INV0001489 701-49800-215 REPLACEMENT TIRE FOR SQ. 271 393.65
U.S. AutoForce 08/14/2023 121751 INV0001513 701-49800-215 TIRES FOR DODGE DURANGOS 660.44
Total 121751:1,236.39
UNIFIRST CORPORATION 08/14/2023 121752 0900778657 101-41900-223 LAUNDRY SERVICE Central Services 96.71
UNIFIRST CORPORATION 08/14/2023 121752 1410000944 101-45200-226 UNIFORMS-PARKS Parks 36.47
UNIFIRST CORPORATION 08/14/2023 121752 1410000944 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.47
UNIFIRST CORPORATION 08/14/2023 121752 1410000944 601-49400-226 UNIFORMS PW-WATER DEPT 36.48
UNIFIRST CORPORATION 08/14/2023 121752 1410000944 101-43000-226 UNIFORMS - PW Public Works Department 36.48
UNIFIRST CORPORATION 08/14/2023 121752 1410000944 701-49800-221 SHOP TOWELS - PW 6.96
UNIFIRST CORPORATION 08/14/2023 121752 1410000944 101-43000-404 RUGS - PW Public Works Department 22.93
UNIFIRST CORPORATION 08/14/2023 121752 1410000944 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.48
UNIFIRST CORPORATION 08/14/2023 121752 1410002267 101-41900-223 LAUNDRY SERVICE Central Services 94.35
UNIFIRST CORPORATION 08/14/2023 121752 1410002269 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.48
UNIFIRST CORPORATION 08/14/2023 121752 1410002269 701-49800-221 SHOP TOWELS - PW 6.96
UNIFIRST CORPORATION 08/14/2023 121752 1410002269 101-43000-226 UNIFORMS - PW Public Works Department 36.48
UNIFIRST CORPORATION 08/14/2023 121752 1410002269 601-49400-226 UNIFORMS PW-WATER DEPT 36.48
UNIFIRST CORPORATION 08/14/2023 121752 1410002269 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 36.47
City of Orono Check Register - COUNCIL REPORT Page: 21
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
UNIFIRST CORPORATION 08/14/2023 121752 1410002269 101-45200-226 UNIFORMS-PARKS Parks 37.37
UNIFIRST CORPORATION 08/14/2023 121752 1410002269 101-43000-404 RUGS - PW Public Works Department 22.93
Total 121752:616.50
VALLEY RICH CO 08/14/2023 121753 32229 601-49400-405 WATER SERVICE BREAK @2032 SHADYWOOD 5,967.97
Total 121753:5,967.97
VERIZON WIRELESS 08/14/2023 121754 9939326446 101-45200-221 LURTON SECURITY CAMERA Parks 268.80
VERIZON WIRELESS 08/14/2023 121754 9939326446 101-42110-321 SECURITY CAMERAS Police Department 124.08
VERIZON WIRELESS 08/14/2023 121754 9939326446 101-42110-221 SECURITY CAMERAS Police Department 806.40
VERIZON WIRELESS 08/14/2023 121754 9939326446 101-45200-321 LURTON SECURITY CAMERA Parks 41.36
Total 121754:1,240.64
WASTE MANAGEMENT RECYC 08/14/2023 121755 0105291-280 603-49500-316 RECYCLING 8/2023 18,058.71
WASTE MANAGEMENT RECYC 08/14/2023 121755 7813539-159 603-49500-442 CITY CLEANUP DAY 4/23 19.41
WASTE MANAGEMENT RECYC 08/14/2023 121755 7813540-159 603-49500-316 RECYCLING 8/2023 51.52
Total 121755:18,129.64
WATER CONSERVATION SVC IN 08/14/2023 121756 13329 601-49400-405 LEAK LOCATOR @ 2032 SHADYWOOD 354.89
Total 121756:354.89
WEEKLY HOMES LLC 08/14/2023 121757 07.2023 WE 999-10015 UB REFUND - 641 EAST BLOSSOM CIR 85.25
Total 121757:85.25
WEST HENNEPIN PUBLIC SAFE 08/14/2023 121758 2023.08 101-43280-438 2023 TOWARDS ZERO DEATHS GRANT Special Services 7,775.87
Total 121758:7,775.87
WILLIAMS TOWING INC 08/14/2023 121759 23-16107 101-42110-436 INV TOW - 2020 CHEV 1500 Police Department 155.00
WILLIAMS TOWING INC 08/14/2023 121759 23-16204 101-42110-436 SQUAD TOW 269 Police Department 155.00
WILLIAMS TOWING INC 08/14/2023 121759 23-16217 101-42110-436 SQUAD TOW 269 Police Department 213.00
Total 121759:523.00
City of Orono Check Register - COUNCIL REPORT Page: 22
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
XCEL ENERGY 08/14/2023 121760 838976354 101-42110-381 ELECTRIC SERVICE06/25/23-07/25/23 Police Department 43.27
XCEL ENERGY 08/14/2023 121760 838976354 613-49830-381 ELECTRIC SERVICE06/25/23-07/25/23 Golf Course 1,612.13
XCEL ENERGY 08/14/2023 121760 838976354 101-41900-381 ELECTRIC SERVICE06/25/23-07/25/23 Central Services 2,466.82
XCEL ENERGY 08/14/2023 121760 838976354 101-42110-381 ELECTRIC SERVICE06/25/23-07/25/23 Police Department 1,600.24
XCEL ENERGY 08/14/2023 121760 838976354 101-43000-381 ELECTRIC SERVICE06/25/23-07/25/23 Public Works Department 179.65
XCEL ENERGY 08/14/2023 121760 838976354 101-43000-386 ELECTRIC SERVICE06/25/23-07/25/23 Public Works Department 2,729.00
XCEL ENERGY 08/14/2023 121760 838976354 101-45200-381 ELECTRIC SERVICE06/25/23-07/25/23 Parks 86.70
XCEL ENERGY 08/14/2023 121760 838976354 601-49400-381 ELECTRIC SERVICE06/25/23-07/25/23 9,682.82
XCEL ENERGY 08/14/2023 121760 838976354 602-49450-381 ELECTRIC SERVICE06/25/23-07/25/23 Sewer 2,842.89
Total 121760:21,243.52
Yamaha Golf & Utility 08/14/2023 121761 01-292058 101-45210-223 EXTRA CART KEYS Golf Course 60.00
Total 121761:60.00
ZAHL-PETROLEUM MAINTENA 08/14/2023 121762 0200372-IN 701-49800-403 ANNUAL HOIST INSPECTION 10.00
Total 121762:10.00
CARDMEMBER SERVICE 08/14/2023 201303 05/20/2023-0 101-39610 CREDIT 50.24-
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 AC 101-41110-439 COFFE W MAYOR Mayor & Council 27.98
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 BW 101-43000-226 LIGHTS PPE Public Works Department 142.99
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 CF 101-42110-208 NNO SUPPLIES - PENCILS Police Department 198.92
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 CF 101-42110-208 NNO SUPPLIES - WRISTBANDS Police Department 91.32
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 CF 101-42110-201 COFFEE POT Police Department 69.88
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 CF 101-42110-433 PELOTON MEMBERSHIP Police Department 47.32
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 CF 101-42110-402 CAR WASH #261 Police Department 20.42
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 DG 701-49800-403 PATCH TRUCK HANDLES 327.65
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 DG 701-49800-240 SOFTWARE FOR MECHANICS DIANOSTIC COM 50.00
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 DG 701-49800-437 TRAING ON FLEET MANAGEMENT 524.72
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 DK 710-49970-221 NETWORK SUPPLIES 635.49
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45200-223 NON OXY Parks 19.88
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45200-223 NON OXY Parks 18.64
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45210-094 CONCESSIONS Golf Course 528.94
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45210-223 BATTERY REPLACEMENT Golf Course 34.19
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45210-404 FOUNTAIN POWER SUPPLY Golf Course 227.41
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45210-221 FOAMER Golf Course 453.20
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45210-223 PESTICIDE SIGNS Golf Course 25.91
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45210-433 GCSAA MEMBERSHIP DUES Golf Course 465.00
City of Orono Check Register - COUNCIL REPORT Page: 23
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JL 101-45210-404 PARTS RETURN Golf Course 1,338.91-
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JV 101-42260-319 RECRUITMENT SIGNS AND FUEL Fire Protection Services 649.55
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 JV 101-42260-212 FUEL - LADDER TRUCK Fire Protection Services 72.59
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 RO 101-41110-439 WATER/MEAL - CC MTG 7-10 Mayor & Council 157.79
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 SO 601-49400-405 ROW PERMIT FOR 2032 SHADYWOOD 340.00
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 SO 101-43050-227 HACH CHEMICAL FOR S PARK Public Works - Spring Park 280.00
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 SO 101-45200-212 NON OXY FOR GENERATOR Parks 16.62
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 SO 601-49400-405 RADWELL SOLENOIDS FOR S WATER PLANT 1,930.44
CARDMEMBER SERVICE 08/14/2023 201303 07.2023 TW 101-42110-439 SOL SUPPLIES / WATER Police Department 10.72
Total 20130368:5,978.42
HOME DEPOT CREDIT SERVIC 08/14/2023 201303 072123 101-41900-223 CLEANING SUPPLIES Central Services 92.49
HOME DEPOT CREDIT SERVIC 08/14/2023 201303 072123 101-45210-223 TOTES FOR GOLF COURSE Golf Course 382.32
HOME DEPOT CREDIT SERVIC 08/14/2023 201303 072123 101-43000-224 PURPLE DEGEASER Public Works Department 113.90
HOME DEPOT CREDIT SERVIC 08/14/2023 201303 072123 101-43000-224 MAIL BOX REPAIRS (SUPPLIES)Public Works Department 99.81
Total 20130369:688.52
INNOVO BENEFITS ADMINISTR 08/14/2023 201303 1297059 101-21706 HEALTH INSURANCE 8/23 65,344.86
INNOVO BENEFITS ADMINISTR 08/14/2023 201303 1297059 101-42110-135 HEALTH INSURANCE 8/23 Police Department 784.74
INNOVO BENEFITS ADMINISTR 08/14/2023 201303 1297059 601-49400-135 HEALTH INSURANCE 8/23 784.74
Total 20130370:66,914.34
MEDSURETY LLC 08/14/2023 201303 25005 101-41900-319 VEBA/FSA/COBRA HSA FEES 8/23 Central Services 203.50
Total 20130371:203.50
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 601-39610 SALES TAX 6/2023 38.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 601-20806 SALES TAX 6/2023 1,254.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 601-20806 SALES TAX 6/2023 13.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 101-37910 SALES TAX 6/2023 4,405.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 101-37920 SALES TAX 6/2023 1,945.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 101-37930 SALES TAX 6/2023 630.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 101-37940 SALES TAX 6/2023 187.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 101-37970 SALES TAX 6/2023 10.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 101-37960 SALES TAX 6/2023 101.00
MN DEPT OF REVENUE-WIRE 08/14/2023 201303 2023.06 101-37980 SALES TAX 6/2023 16.00
City of Orono Check Register - COUNCIL REPORT Page: 24
Check Issue Dates: 7/25/2023 - 8/14/2023 Aug 10, 2023 03:44PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 20130372:8,599.00
PSN: PAYMENT SERVICE INVOI 08/14/2023 201303 281270 601-49400-312 WATER FUND PSN FEES 657.10
PSN: PAYMENT SERVICE INVOI 08/14/2023 201303 281270 602-49450-312 SEWER FUND PSN FEES Sewer 657.10
PSN: PAYMENT SERVICE INVOI 08/14/2023 201303 281398 101-41900-312 MISC PSN FEES Central Services 4.95
PSN: PAYMENT SERVICE INVOI 08/14/2023 201303 281548 101-41900-312 SPLIT DISTRIBUTION Central Services 11.55
Total 20130373:1,330.70
Grand Totals: 3,031,897.20
AGENDA ITEM
Prepared By RJO Reviewed By:AMC Approved By:
1. Purpose. The purpose of this action item is to appoint Alicia Johnson to the position of Resource
Management Technician.
2. Background. On July 10th the Council approved the promotion of Anne Hentges to the Accountant
position. The promotion created an opening in the Resource Management Technician position. This
action would promote Alicia Johnson from an administrative assistant position to the position of Resource
Management Technician.
3. Recruitment. An internal selection process was used to recruit for this position. Alicia was the only
current employee that applied. The applicant was interviewed by the Finance Director and Accountant
and concluded that based on her qualifications, demonstrated abilities, and knowledge that Alicia is an
excellent fit for the position.
4. Recommended Candidate. Alicia started with the city as a temporary scanning clerk and has been
in her current full-time position for three-years. Alicia has proven to be a valuable member of the city
hall team. Her experience at the front counter has given her a good understanding of the organization
which will be a great help in her new role in the Finance Department. She has also honed her customer
service skills while dealing with contractors, the public, by working closely with multiple city
departments. Based on her qualifications, demonstrated job performance, and recommendations of her
co-workers, I would like to promote her to the position of Resource Management Technician.
5. Recommended Compensation. I recommend promoting Alicia Johnson to the position of Resource
Management Technician. Based on the OPEIU Local 12 union contract I recommend that she be placed
at Grade 6, Step 3 ($29.28) of the Local 12 pay scale and retaining her anniversary date as 7/13.
COUNCIL ACTION REQUESTED
Motion to approve the hiring of Alicia Johnson as Resource Management Technician at Grade 6 Step 3 of
the Local 12 of the OPEIU wage scale.
Exhibits
A. Job Description
Item No.: 4 Date: August 14 ,2023
Item Description: Authorization to appoint Alicia Johnson – Resource Management
Technician
Presenter: Ron Olson
Finance Director
Agenda
Section:
Consent Agenda
The City of Orono is an Equal Opportunity Employer
CITY OF ORONO
Position Title: Resource Management Technician
Document Date: July 21, 2022
Department: Finance
Accountable to: Finance Director
FLSA Status: Non-exempt
Nature of Work
This position provides excellent customer service while providing support with administrative
functions of the Finance Department with a primary focus of Accounts Payable and Utility
Billing.
Supervision Received and Exercised
This position reports to the Finance Director and receives oversite of work product related to
financial records from the Accountant. The position does not supervise other employees.
Examples of Work
Essential functions listed below are intended as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them if the
work is similar, related or a logical assignment to the position.
• Responsible for the utility billing process including: account setup, processing
billings, resolving customer concerns, annual certification, and answering general
inquiries.
• Work closely with Public Works in areas related to Utility Billing included preparing
work orders for re-reads, data logging, meter replacement, and reporting.
• Responsible for the Accounts Payable process including, administration of the
electronic approval system, invoice approval queue assignment, coding routine
invoices, and processing/mailing checks and electronic payments.
• Maintain vendor database including W9 compliance, remittance addresses, electronic
payment information, and issuance of 1099’s.
• Process escrow refunds and maintain escrow database.
• Assist with updating and maintaining fixed asset ledgers.
• Assist in preparing year-end audit work papers, and participate in the City’s annual
The City of Orono is an Equal Opportunity Employer
audit.
• Act as backup to the Payroll function.
• Other duties as assigned.
Required Knowledge, Skills and Abilities
Knowledge:
• Clerical — Knowledge of administrative and clerical procedures and systems such as
word processing, managing files and records, designing forms, and other office
procedures and terminology.
• Personnel and Human Resources — Knowledge of principles and procedures for
compensation and benefits and personnel information systems.
• English Language — Knowledge of the structure and content of the English language
including the meaning and spelling of words, rules of composition, and grammar.
• Mathematics — Knowledge of arithmetic, algebra, statistics, and their applications.
• Computers and Electronics — Knowledge of electronic equipment, and computer
hardware and software, including applications and programming.
Skills:
• Active Listening — Give full attention to what other people are saying, taking time to
understand the points being made, asking questions as appropriate, and not interrupting at
inappropriate times.
• Speaking — Talk to others to convey information effectively.
• Reading Comprehension — Understand written sentences and paragraphs in work related
documents.
• Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of
alternative solutions, conclusions or approaches to problems.
• Coordination — Adjust actions in relation to others' actions.
• Time Management — Manage one's own time and the time of others.
• Monitoring — Monitor/Assess performance of yourself, other individuals, or
organizations to make improvements or take corrective action.
Abilities:
• Oral Comprehension — Able to listen to and understand information and ideas presented
through spoken words and sentences.
• Oral Expression — Able to communicate information and ideas in speaking so others
will understand.
• Speech Recognition — Able to identify and understand the speech of another person.
• Speech Clarity — Able to speak clearly so others can understand you.
• Deductive Reasoning — Able to apply general rules to specific problems to produce
answers that make sense.
• Written Expression — Able to communicate information and ideas in writing so others
will understand.
• Written Comprehension — Able to read and understand information and ideas presented
in writing.
• Discretion – Able to maintain confidential information.
Minimum Requirements
The City of Orono is an Equal Opportunity Employer
• High School Diploma or equivalent.
• Three (3) years of practical experience with benefits administration, payroll processing,
or utility billing.
Desirable Qualifications
• Work experience in municipal government.
• Associate or Bachelor’s degree in Accounting
Physical Demands and Working Environment
This position operates in an office environment, where employees are protected from weather
conditions or contaminants, but not necessarily occasional temperature changes.
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
Executive Realty – Nikki Beaumia 3705 North Shore
Drive
RL23-000010 January 1, 2023 to
December 31, 2024
Morgan Nelson 2100 Webber Hills
Road
RL23-000009 January 1, 2023 to
December 31, 2024
J Benjamin Hass 725 Stonebay Drive RL21-000010 January 1, 2023 to
December 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.: 5 Date: August 14, 2023
Item Description: Approval of Rental License
Presenter: Anna Carlson
City Clerk
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: A. Carlson Reviewed By: A. Carlson Approved By:
1.Purpose. The Park Gun Club has applied for their annual gun club license effective
September 1, 2023 through August 31, 2024.
2.Staff Recommendation. The applicant has submitted the required licensing information and
Staff recommends approval as no complaints have been received in the past year. A calendar of
events for the 2023-24 license is attached. The Orono Police Department has completed a
background check and all required documents have been submitted. Staff recommends approval
of the application.
COUNCIL ACTION REQUESTED
Motion to approve the Annual Gun Club Permit.
Exhibits
A.Park Gun Club Calendar of Events 2023-24
Item No.: 6 Date: August 14, 2023
Item Description: Annual Gun Club Permit
Presenter: Anna Carlson
City Clerk
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: Correy Farniok Reviewed By:AMC Approved By:
1. Purpose. The purpose of this action item is to gain approval to accept a donation from the residents
of Pelican Point (Mound).
2. Background. The Police Department has received a Streicher’s gift card in the amount of $2100.00.
The residents would like to thank the officers for attending the Pelican Point National Night Out event
and greatly appreciate the dedication and all the great work done by the Orono Police Department.
3. Donation. Apply the Streicher’s gift card in the amount of $2100.00 towards the purchase of uniforms
and equipment needed for the Orono Police Reserve program.
4. Staff Recommendation. I recommend approval to accept the $2100.00 donation.
COUNCIL ACTION REQUESTED
Motion for approval Resolution No. 7389, a donation of the gift card for $2100.00 from the residents of
Pelican Point.
Item No.: 7 Date: August 14, 2023
Item Description: Approval to Accept Donation – Residents of Pelican Point
(Mound) – Resolution No. 7389
Presenter: Correy Farniok
Police Chief
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7389
RESOLUTION ACCEPTING DONATION
WHEREAS, Pelican Point Homeowners Association wishes to make a donation to the City
of Orono (“City”) in the amount of $2100.00 to be used to supplement the equipment purchases for
the police reserve program; and
WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota
Statutes § 465.03 et seq. for the benefit of its citizens; and
WHEREAS, the City desires to accept the donation; and
WHEREAS, the donation has been contributed to the City for the benefit of its citizens;
and
[WHEREAS, the City agrees to perform the conditions on the donation, if any; and]
WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution of the governing body by two-
thirds of its members.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ORONO, MINNESOTA:
1. The donations described above are accepted and shall be used according to the terms of
the donation, as allowed by law.
2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s
receipt of the donation.
ADOPTED this 14th day of August, 2023, by the City Council of the City of Orono.
CITY OF ORONO
By: _______________________________
Dennis Walsh, Mayor
ATTEST:
______________________________
Anna Carlson, City Clerk
AGENDA ITEM
Prepared By: Correy Farniok Reviewed By:AMC Approved By:
1. Purpose. The purpose of this action item is to gain approval to accept a donation from the
Minnetonka Beach Civic Association.
2. Background. The Police Department has received a check in the amount of $100.00. The residents
would like to thank the officers for attending the Summer Party 2023 event and greatly appreciate the
dedication and all the great work done by the Orono Police Department.
3. Donation. Apply the check in the amount of $100.00 towards the purchase of work out equipment in
the police department work out area.
4. Staff Recommendation. I recommend approval to accept the $100.00 donation.
COUNCIL ACTION REQUESTED
Motion to approve Resolution No. 7390, a resolution accepting the $100.00 donation from the
Minnetonka Beach Civic Association.
Item No.: 8 Date: August 14, 2023
Item Description: Approval to Accept Donation
Presenter: Correy Farniok
Police Chief
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7390
RESOLUTION ACCEPTING DONATION
WHEREAS, Minnetonka Beach Civic Association wishes to make a donation to the City of
Orono (“City”) in the amount of $100 to the Orono Police Department; and
WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota
Statutes § 465.03 et seq. for the benefit of its citizens; and
WHEREAS, the City desires to accept the donation; and
WHEREAS, the donation has been contributed to the City for the benefit of its citizens;
and
WHEREAS, 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 14 day of August, 2023, by the City Council of the City of Orono.
CITY OF ORONO
By: _______________________________
Dennis Walsh, Mayor
ATTEST:
______________________________
Anna Carlson, City Clerk
AGENDA ITEM
Prepared By: CF Reviewed By: AMC Approved By:
1. Purpose. The purpose of the action item is to gain approval accepting Community Service Officer
Julia Knapek letter of resignation.
2. Background / Summary. Julia Knapek was hired in June 2022. Julia Knapek has submitted a letter
of resignation. Julia Knapek last day is August 14, 2023. Julia Knapek has accepted a police officer
position with the city of St. Cloud. The police department wishes Julia Knapek the best of luck in all of
his future endeavors and for her service to the citizens of Orono, Mound, Spring Park and Minnetonka
Beach.
3. Staff Recommendation. I recommend accepting the resignation of Julia Knapek effective August
14, 2023.
COUNCIL ACTION REQUESTED
Motion to approve the resignation of Julia Knapek effective August 14, 2023.
Item No.: 9 Date: August 14, 2023
Item Description: Authorization to Accept Julia Knapek Resignation
Presenter: Correy Farniok
Police Chief
Agenda
Section:
Consent Agenda
Prepared By DJG Reviewed By: Approved By:
AGENDA ITEM
1. Purpose. The purpose of this action item is Amend the July 24,2023 council action for James Nelson to
the position of Utility Worker. The amendment is needed for a error in the wage presented at the July 24th
council meeting. The council action was written with a a 2024 start step and not a 2023 start step which it
should have.
2. Background. On January 20th the Council accepted the resignation of Barry Rathbun from the
position of public works maintenance worker, effective April 23rd, 2023. Staff met with the HR
committee in April 5th and the council authorized a reorganization of the public works department at its
April 24th council meeting authorizing a utility division within the public works department with 2
designated utility workers under the existing supervisor. Previously the work was done by the
maintenance workers. This council action would appoint James Nelson to one of the open positions of
utility worker positions.
3. Recruitment. An internal selection process was used to recruit for these positions. James is 1 of 2
employees that applied. The City PW Superintendent and Utility Supervisor interviewed the candidate
and concluded that based on demonstrated abilities, and knowledge that James is an excellent fit for 1
of the positions.
4. Recommended Candidate. James has been with the city for 8 months. During his time with the
city, he has worked as a maintenance worker James has proven to be a valuable member of the Public
Works Department with responsibilities including: Water and Sewer operations including Water Plant
testing and maintenance, on call rotations and emergency callouts. James has been able to master
responsibilities and improve existing processes. Based on his qualifications and performance for the
department, I would like to promote him to the position of Utility Worker.
5. Recommended Compensation. I recommend promoting James Nelson to the position of Utility
Worker. Based on his experience and qualifications I recommend that he be placed at the 2023 Grade 8
Start Step ($30.24) of the Local 49 pay scale with a date of July 25th for calculating step increases. With
achievement of his Water and Sewer certification, and continued excellent performance
department leadership will recommend a step increase at that time.
COUNCIL ACTION REQUESTED
Motion to approve the hiring of James Nelson as Utility Worker at the 2023 Grade 8 Start Step of the Local
49 wage scale of $ 30.24 and to approve a hiring process to fill the open Public Works Maintenance Worker
position and to initiate a hiring process.
Item No.: 10 Date: August 14, 2023
Item Description: Amend Wage scale for James Nelson – Utility Worker
Presenter: D.J. Goman
Public Works
Superintendent
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: J. Lemons Reviewed By: AMC Approved By:
1. Purpose. The purpose of the agenda item is to inform the City Council of a liquor license violation
at the Orono Orchards Golf Course.
2. Background / Summary. On June 13, 2023, an employee of the Orono Orchards Golf Course sold
an alcoholic beverage to an underage person. The employee has been corrected on the issue and is aware
of the gravity of the situation. This employee has been exemplary in his service at the golf course and the
incident is viewed as an unfortunate oversight on his behalf. The employee plead guilty to the violation
and has paid the fines that he incurred. Selling to a minor is a violation of Minn. Stat. § 340A.503, subd.
2(1) and Orono City Code Section 34-1. When establishments are found to be in violation, the City
Council may revoke the license, impose a suspension for up to sixty days, or impose a civil fine not to
exceed $2,000.00 for each violation. All staff at the golf course undergo alcohol compliance training for
serving alcohol.
3. Staff Recommendation. Staff recommends imposing a fine upon the golf course for additional
alcohol training for staff. The cost of the additional training is approximately $500.00. The training must
take place in 2023.
COUNCIL ACTION REQUESTED
Motion to impose a training fine on the Orono Orchards Golf Course.
Item No.: 11 Date: August 14, 2023
Item Description: Liquor License Violation
Presenter: Joshua Lemons
Parks and Golf Superintendent
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: BW Reviewed By: DJG Approved By:
1. Purpose. The purpose of this action item is to gain Council approval for Bridge deck maintenance for
two of the city’s bridges.
2. Background. The city’s three bridges are inspected every two years in accordance with the state
bridge inspection program standards. Recent inspections have identified two of the bridge decks in need
of minor repairs and preventive maintenance. MMA Flood Sealing is a maintenance process to prevent
moisture intrusion and chloride (salt) penetration, Resists effects of UV rays, weathering and aging and
prevents premature deterioration of the surface. This maintenance is done to extend the life expectancy of
our bridges.
3. Project Scope. The Fox St. bridge (# 27B13) and Ferndale Road West bridge (#27B86) decks shall be
repaired and sealed. Fox St. bridge work will include concrete deck patching
4. Cost. Public Works received quote from one contractor for MMA Flood Sealing and a “no Bid”
reply from Redstone Construction LLC. A summary of the quotes received are listed in the table below.
The lowest quote was from PCiRoads. LLC for $15,671.85
Contractor Total Quote
PCiRoads. LLC $15,671.85
Redstone Construction, LLC No Bid
5. Funding. The project will be funded from the streets Operating fund
6. Staff Recommendation. I recommend the City Council accept the quote from PCiRoads LLC for
Bridge deck repairs
7. COUNCIL ACTION REQUESTED
Motion to authorize PCiRoads. LLC to complete the 2023 bridge deck repairs for $15,671.85
Item No.: 12 Date: August 14, 2023
Item Description: 2023 Bridge Deck Maintenance
Presenter: Brent Weldon
Streets Superintendent
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: NAN Reviewed By: LLO Approved By:
1. Purpose. This application is regarding variances for lot area, lot width and rear yard setback for the
construction of a new home.
2. MN§15.99 Application Deadline. The application was received June 20, 2023 and considered to be
complete on June 23, 2023. Therefore the 60-Day review period expires on August 22, 2023.
3. Background/ Summary. The applicant is proposing to demolish the existing home and construct a
new home in a similar location. The subject property is substandard in size and width for the LR-1A
Zoning District. The applicant is requesting a rear yard setback of 45 feet where 50 feet is required by
code. The applicant has listed topographical challenges and existing site elements which limit the
placement of the home. All other zoning requirements including hardcover are met.
4. Planning Commission Vote and Comment. On July 17, 2023, the Planning Commission held a
public hearing, no public comments were made. The Commission reviewed the application and noted the
site constraints of the lot and that the rear yard setback will be improved as the existing home is 41 feet
from the rear property line. The Commission voted 7 to 0 on a motion to approve the requested variances
as applied.
5. Public Comment. The applicant has provided neighbor acknowledgment forms, but no other public
comment has been received.
6. Staff Recommendation. Staff recommends approval.
COUNCIL ACTION REQUESTED
Motion to adopt Resolution No. 7392
Exhibits
A. Draft Resolution No. 7392
B. Proposed Plans
C. Draft PC Minutes 7/17/2023
D. PC Staff Report 7/17/2023
References
PC Exhibits 7/17/2023
A. Application
B. Practical Difficulties Form
C. Narrative
D. Survey
E. Plans
F. Hardcover Calculations
G. Neighbor Acknowledgments
H. Property Owners List and Map
Item No.: 13 Date: August 14, 2023
Item Description: LA23-000032, Paul Skoog, 250 Tonka Avenue Variance –
Resolution No. 7392
Presenter: Natalie Nye
Planner
Agenda
Section:
Consent Agenda
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7392
1
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTIONS 78-305
FILE NO. LA23-000032
WHEREAS, Paul Skoog (hereinafter the “Applicant”), applied for variances from the City Code for
the property addressed 250 Tonka Avenue and legally described as:
Lots 11-13, Block 2, Bayside Addition to Lake Minnetonka Hennepin County, Minnesota
(hereinafter the “Property”);
WHEREAS, the Applicant has applied to the City of Orono for lot area, lot width and rear yard
setback variances from City Code Section 78-305 in order to construct a new home; and
WHEREAS, on June 23, 2023 the Applicant made a complete application for a variance; and
WHEREAS, on July 17, 2023, after published and mailed notice in accordance with Minnesota
Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, on July 17, 2023, the Planning Commission voted 7 to 0 in favor of a motion to
recommend approval of the variances as applied; and
WHEREAS, on August 14, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested 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 #LA23-000032. The analysis contained within staff
memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned
meetings, and any and all other materials distributed at these meetings are hereby incorporated by
reference.
2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7392
2
3. The Property contains 18,831 square feet in area and has a defined lot width of 150 feet.
4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality
Overlay District.
5. Applicant has applied for the following variances:
a. Rear Yard Setback
b. Lot Area
c. Lot Width
6. In considering this application for a variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances upon the
health, safety and welfare of the community, existing and anticipated traffic conditions, light and
air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area.
ANALYSIS:
1. “Variances shall only be permitted when they are in harmony with the general purposes and intent
of the ordinance . . . .” The variances for the construction of a new single-family home on a
substandard parcel are supported by practical difficulties. The proposed home is in a similar
location as the existing home on the property and improves certain nonconformities. The existing
topography of the site and site elements such as an existing storm drain limit the placement of the
home. The proposed home meets all required setbacks except for the rear yard setback of 50 feet.
The requested variance is for a 45-foot rear yard setback. The construction of a new home is in
harmony with the general intent of the Ordinance due to the practical difficulties of the substandard
lot size, topography, and location of the existing site elements. This criterion is met.
2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan.” The variances resulting in a new single-family home constructed in a residential district is
consistent the Comprehensive Plan. The applicant has identified necessary practical difficulties
inherent to the land supporting their requests. This criterion is met.
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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7392
3
The construction of a new single-family home is a reasonable use of the property. The
proposed home requires a minimal rear yard setback variance in order to fit the constraints
of the substandard lot. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
The topography and the location of an existing storm drain limits the placement of the new
home and are not the result of the current property owner’s actions. This criterion is met.
c. The variance, if granted, will not alter the essential character of the locality.”
The proposed variances resulting in the construction of a single-family home will not alter
the character of the area. The proposed home will be in a similar location to that of the
existing home and will meet all other zoning requirements other than the rear yard setback.
This criterion is met.
4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations
have not been a factor in the variance approval determination.
5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §
216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not
applicable.
6. “The board or the council may not permit as a variance any use that is not permitted under Orono City
Code Chapter 78 for property in the zone where the affected person's land is located.” This condition
is not applicable, as a residential use is a permitted use in the LR-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 substandard lot size, substandard width, topography, and
existing site elements are unique conditions to this specific property. This criterion is met.
9. “The conditions do not apply generally to other land or structures in the district in which the land is
located.” While the surrounding properties are similar in size, the topography and location of the
existing elements on the property are unique to the subject property. This criterion is met.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7392
4
10. “The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant.” The proposed home’s placement is limited on the site due to site
constraints. The applicant is requesting the minimum amount necessary to construct a reasonably sized
home. The requested rear yard setback of 45 feet where 50 is required is actually an improvement to
what is there currently. This criterion is met.
11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals,
or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will
not adversely impact health, safety, comfort, or morals of the community. This criterion is met.
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 allow for the construction of a new
home on a loot with substandard area and width. The rear yard setback variance is minimal to
construct a new home on the property. All other zoning requirements including hardcover and lot
coverage are met. This criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a lot area, lot
width and rear yard setback variance from Orono Municipal Zoning Code Section 78-305 to allow the
construction of a new home 45 feet from the rear 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 and building plans submitted by the
Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as
Exhibits A and 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 (August 14, 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7392
5
ADOPTED by the Orono City Council on this 14th day of August, 2023.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
LA23-000032 Res 7392 Exhibit A
LA23-000032 Res 7392 Exhibit B
PC Exhibit E
Council Exhibit B
PC Exhibit E
MINUTES OF THE
ORONO PLANNING COMMISSION
July 17, 2023
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 4
impacted, he said. Any voids in the wall would be backfilled and some bowed places may require
removal but the plan is to minimize disturbing the existing wall.
Chair Bollis opened the public hearing at 6:09 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:09 p.m.
The Commissioners discussed the item. Chair Bollis said staff did a good job putting this through
properly as a CUP. He said it looked like a one-for-one replacement.
Kirchner said he was concerned about the 30-day completion requirement because of weather or other
difficulties and suggested giving staff the authority to approve a short extension if necessary.
Nye said language could be added to the council resolution to allow an extension if needed although the
applicant has indicated 30 days will be sufficient.
Kraemer said he feels staff has done a good job and this seems like a reasonable way to replace a seawall.
Ressler said the materials and design were consistent with work done around the lake.
Ressler moved, Libby seconded, to recommend approval of LA22-000005, 2699 Kelly Ave,
Conditional Use Permit as applied. VOTE: Ayes: 7, Nays 0.
2. LA23-000032 PAUL SKOOG, 250 TONKA AVENUE, REQUESTS VARIANCES FOR
LOT AREA, LOT WIDTH, AND REAR YARD SETBACK TO CONSTRUCT A NEW
HOME
City Planner Nye updated the Commissioners explaining the applicant is proposing to demolish the
existing home and construct a new home on the lot. The property is smaller in size and width than is
required in the LR1 zoning district. The proposed home will be constructed in a similar location as the
existing home as there are some topographical limitations on the lot, as well as an existing storm drain
that impacts the placement of the driveway, she said. The applicant is requesting a rear yard variance,
from 50 feet to 45 feet. That variance also triggers the need for variances from lot area and lot width. All
other zoning requirements including hard cover and all other setbacks are met. Nye said staff agrees with
the applicant’s assessment and believes the property has practical difficulty supporting the variance
requests.
The applicants were present but Commissioners had no questions for them.
Chair Bollis opened the public hearing at 6:17 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:17 p.m.
MINUTES OF THE
ORONO PLANNING COMMISSION
July 17, 2023
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 4
McCutchen said he saw no issues with this application.
Ressler noted the set-back for rear-yard was close to required at 45 feet instead of 50 and that the proposal
improves the situation on the lot and other similar requests have been approved.
Kraemer also said he was in favor.
Erickson pointed out the plan would allow for a driveway with a moderate slope which is a good thing to
have during a Minnesota winter.
Kirchner moved, Kraemer seconded, to recommend approval of LA22-000032, 205 Tonka Ave.
variances as applied. VOTE: Ayes: 7, Nays 0.
3. LA23-000033 EDWIN & TRACEY STEPHENSON, 559 PARK LANE, AN AVERAGE
LAKESHORE SETBACK VARIANCE IN ORDER TO EXPAND AN EXISTING
LAKESIDE DECK.
City Planner Curtis explained the applicants are requesting an Average Lakeshore Setback variance to
construct the lakeside deck off of the main level of their home with a stair down over an existing patio.
They are requesting a 14-foot deck where a 7.5 foot deck would be permitted, resulting in an
encroachment into the setback of about six and a half feet on the north and about three and a half feet on
the south. The deck expansion does not appear to impact views of the lake from either neighboring
property, she said. The applicant has identified the existing conditions as practical difficulties and have
provided supporting documentation. They are in attendance. Staff finds the property's alignment with the
neighbors, the topography and the home's orientation to the lake along the street create difficulties in
expanding the home or constructing a functionally-sized deck on the lake side and recommends approval,
she said, adding that no public comment has been received.
Edwin & Tracey Stephenson, 559 Park Lane, the applicants, said they purchased the home two years ago
and were not aware of all of the variances and all of the setback requirements. Over the last year or so
they talked to their neighbors to see if they had any concerns and both indicated that it doesn't impact
their view at all.
Chair Bollis opened the public hearing at 6:24 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:24 p.m.
Ressler said this is an Average Lakeshore Setback case which the Commission sees quite a bit. The City
hasn’t been able to make this one size fits all so it is necessary to look at the big picture. He said it did not
look like the neighbors would be negatively affected in any way by the new deck, adding he does not like
to see asphalt removed for a turnaround but realized they are trying to stay within hardcover limits.
Kraemer said it is a nice project and well thought-out.
Date Application Received: 06/20/2023
Date Application Considered as Complete: 06/23/2023
60-Day Review Period Expires: 08/22/2023
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Natalie Nye, Planner
Date: July 17, 2023
Subject: #LA23-000032, Paul Skoog, 250 Tonka Avenue
Variances for Lot Area, Lot Width, and Rear Yard Setback - Public Hearing
Background
The applicant is requesting variances to construct a new home on the property and demolish the existing
home and detached garage. The subject property is substandard in size for the LR-1A zoning district which
requires a minimum of 2 acres and a 200-foot-wide lot. The subject property is .43 acres and 150 feet in
width. The proposed home will be constructed in a similar location as the existing home. The applicant is
requesting a 5-foot variance from the required 50-foot rear yard setback in order to construct the new
home and driveway within the physical constraints of the lot. The required rear yard setback is 50 feet and
the proposed home will be 45 feet from the rear property line. All other setbacks and zoning requirements
including hardcover and lot coverage are met.
Practical Difficulties Analysis
Applicant Submittal Information: The applicant has stated the existing topography on the site as a
practical difficulty for the placement of the proposed home. The driveway placement is further restricted
by an existing storm drain. The reduction in the required rear yard setback by 5 feet would lessen the
driveway slope, reduce the height of needed retaining walls, and save a mature tree.
Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The property is
substandard in both size and width and has topographical challenges. Existing site elements constrain the
building envelope and site access. The site has practical difficulties supporting the applicant’s request.
LOT ANALYSIS WORKSHEET
Section 78-350 & 78-1279 – Setbacks:
LR-1A District Required Existing Proposed
Front 31.85’* 55’ 34.2’
North Side 10’ 11’ 12’
South Side 10’ 98’ 62’
Rear 50’ 41’ 45’
*The LR-1A District front yard setback is 50’ however an average of the neighboring homes front yard
setbacks can be used resulting in the required 31.85’ setback
Section 78-350 – Lot Area/Width:
LR-1A District Lot Area Lot Width
Required 87,120 s.f. (2.0 acres) 200’
Application Summary: The applicant is requesting variances for lot area, lot width, and rear yard setback for
the construction of a new home.
Staff Recommendation: Planning Department Staff recommends approval.
FILE #LA23-000032
July 17, 2023
Page 2 of 5
Actual 18,831 s.f. (0.43 acre) 150’
Section 78-1403 – Structural Building Coverage:
Total Lot Area Total Structural Coverage
18,831 s.f. (0.43 acre) Allowed: 3,766.2 s.f. (20%)
Proposed: 2,927 s.f. (15.5%)
Section 78-1680 and 78-1700 – Hardcover Calculations:
Stormwater
Overlay District
Tier
Allowed
Hardcover
Proposed
Hardcover
Tier 3 6,590.9 s.f.
(35 %)
4,288 s.f.
(22.7%)
Applicable Regulations:
Lot Area & Lot Width Variances (Section 78-305)
Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the
minimum area or width requirements for the respective zoning district. Substandard properties, such as
the subject lot, are able to be redeveloped without variances if specific standards are met; such as:
1. All setback requirements can be met;
2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be
installed or the lot is connected to a public sewer; and
3. The impervious surface coverage meets all hardcover location and square footage restrictions of
this chapter and the total square footage of hardcover does not exceed 35 percent of the entire
lot area.
4. All other zoning district standards can be met.
The applicant’s request for variances results in the property’s inability to conform to all of the standards
above. Therefore, lot area and width variances are required in order to redevelop the property. The ability
to develop the property consistent with other existing developed properties in the neighborhood would
be limited if the area variance is not granted.
Rear Setback Variance (Section 78-305)
The applicant is proposing to construct the proposed home 45 feet from the rear property line, where a
50-foot setback is required. The existing home on the site is approximately 41 feet from the rear property
line. The proposed home will improve the rear yard setback, but due to property constraints is unable to
meet the 50-foot requirement of the code.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area. The Planning Commission shall consider recommending approval for variances from the literal
provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties
because of circumstances unique to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the
Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical
difficulties also include but are not limited to inadequate access to direct sunlight for solar energy
systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06,
subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any
FILE #LA23-000032
July 17, 2023
Page 3 of 5
use that is not permitted under this chapter for property in the zone where the affected person's land is
located. The board or council may permit as a variance the temporary use of a one-family dwelling as a
two-family dwelling.
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances
for the construction of a new single-family home on a substandard parcel are supported by
practical difficulties. The proposed home is in a similar location as the existing home on the
property and improves certain nonconformities. The existing topography of the site and site
elements such as an existing storm drain limit the placement of the home. The proposed home
meets all required setbacks except for the rear yard setback of 50 feet. The requested variance
is for a 45-foot rear yard setback where the current house has a setback of 41 feet from the rear
property line. The construction of a new home is in harmony with the general intent of the
Ordinance due to the practical difficulties of the substandard lot size, topography, and location
of the existing site elements. This criterion is met.
2. The variance is consistent with the comprehensive plan. The variances resulting in a new single-
family home constructed in a residential district is consistent the Comprehensive Plan. The
applicant has identified necessary practical difficulties inherent to the land supporting their
requests. This criterion is met.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not permitted
by the official controls; The construction of a new single-family home is a reasonable use
of the property. The proposed home requires a minimal rear yard setback variance in
order to fit the constraints of the substandard lot. This criterion is met.
b. There are circumstances unique to the property not created by the landowner; The
topography and the location of an existing storm drain limits the placement of the new
home and are not the result of the current property owner’s actions. This criterion is
met.
c. The variance will not alter the essential character of the locality. The proposed variances
resulting in the construction of a single-family home will not alter the character of the
area. The proposed home will be in a similar location to that of the existing home and
will meet all other zoning requirements other than the rear yard setback. This criterion
is met.
Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as
follows:
4. Economic considerations alone do not constitute practical difficulties. Economic considerations
have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for
solar energy systems. Variances shall be granted for earth-sheltered construction as defined in
Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This
condition is not applicable.
FILE #LA23-000032
July 17, 2023
Page 4 of 5
6. The board or the council may not permit as a variance any use that is not permitted under Orono
City Code Chapter 78 for property in the zone where the affected person's land is located. This
condition is not applicable, as a residential home is a permitted use in the LR-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 substandard lot size, substandard width, topography,
and existing site elements are unique conditions to this specific property. This criterion is met.
9. The conditions do not apply generally to other land or structures in the district in which the land is
located. While the surrounding properties are similar in size, the topography and location of the
existing elements on the property are unique to the subject property. This criterion is met.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant. The proposed home’s placement is limited on the site due to site
constraints. The applicant is requesting the minimum amount necessary to construct a
reasonably sized home. The requested rear yard setback of 45 feet where 50 is required is
actually an improvement to what is there currently. The existing home is approximately 41 feet
from the rear property line. This criterion is met.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,
or in any other respect be contrary to the intent of this chapter. Granting the requested variances
will not adversely impact health, safety, comfort, or morals of the community. This criterion is
met.
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 allow for the construction of a new
home on a substandard lot. The rear yard setback variance is minimal to construct a new home
on the property. All other zoning requirements including hardcover and lot coverage are met.
This criterion is met.
The Commission may recommend or Council may impose conditions in granting of variances. Any
conditions imposed must be directly related to and must bear a rough proportionality to the impact
created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter
in the district where such land is located.
Public Comments
The applicant has provided acknowledgement forms from the neighbors, but no other public comment
has been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the property
in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance (s), if granted, will not alter the essential
character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mi tigate the impacts
created by the granting of the requested variance(s)?
FILE #LA23-000032
July 17, 2023
Page 5 of 5
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff recommends approval of the requested variances for lot area, lot width, and rear yard setback as
applied.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Form
Exhibit C. Narrative
Exhibit D. Survey
Exhibit E. Plans
Exhibit F. Hardcover Calculations
Exhibit G. Neighbor Acknowledgements
Exhibit H. Mailing List & Map
AGENDA ITEM
Prepared By: mcc Reviewed By: LLO Approved By:
1. Purpose. This application is regarding after-the-fact variances for retaining walls, a lakeside deck,
and shed installed within a lakeside bluff.
2. MN§15.99 Application Deadline. The application was received on December 13, 2022 and
considered to be complete on February 3, 2023. The 60-Day review period has been extended and expires
on September 1, 2023.
3. Background/Timeline.
A. July 2022: the timber lake slope walls, deck, and stair to the lake were destroyed by fire.
B. August 2022: A building permit for in-kind replacement of the retaining walls was issued
(RAS22-000082). The work exceeded the approved in-kind plan and the project was halted prior
to completion.
C. November 2022: the Council granted approval for an Emergency Slope Repair to install a final
wall at the top of the slope which their engineer determined to be necessary to protect the
integrity of the slope (Resolution No. 7315). The upper wall proposed (7th wall) at that time was
never installed.
D. March 13, 2023: the Council reviewed an after-the-fact variance request for the expanded
retaining walls. The application was tabled for redesign and clarification. Following the March
13th Council meeting, the property owner and their contractors met with the neighbors at City
Hall to discuss their plans. The neighbors asked for more clarification on the stability of the walls
and the grading plan.
E. June 2023: the project engineer advised that modifications and corrections were necessary in
order to improve the structural stability of the constructed walls. At the direction of the engineer,
and with the City’s approval, the contractor made field modifications to the dead men/tiebacks.
The City’s Inspector observed the corrections to the walls in the field.
F. July 24, 2023: The property owners provided revised construction plans to the City Council
(Exhibit B). The Council heard a presentation from the property owner as well as public
comment. The neighbor at 2813 Casco Point Road was in attendance and indicated that they had
unanswered questions. Because a draft approval resolution was provided, the Council voted 5 – 0
to direct staff to amend the resolution to include additional language regarding the portions of the
walls abutting the neighboring property lines as well as clarifying the required vegetative
screening. Please refer to Exhibit C for the Minutes from the previous Planning Commission and
City Council meetings on this application.
4. Variance Description. The applicant is requesting after-the-fact setback variances to address the
replacement wall footprint expansions in the bluff and lake yard. Additionally, the pre-existing
shed/boathouse and deck are proposed to be replaced in a similar footprint at a similar setback from the
lake. The change to the configuration of the retaining walls requires after-the-fact variances for lake
Item No.: 14 Date: August 14, 2023
Item Description: LA22-000068, Valdes Lawn Care o/b/o Mark & Lisa Thostenson,
2815 Casco Point Road, After-the-Fact Variances - Resolution No. 7387 (amended)
Presenter: Melanie Curtis
Planner
Agenda
Section:
Consent
AGENDA ITEM
Prepared By: mcc Reviewed By: LLO Approved By:
setback, average lake setback, and hardcover within the 75-foot lake setback. The proposed lake stairs,
shed, and deck will be addressed with an administrative building permit.
5. Public Comment. On Monday, July 31st, Staff attended a meeting on site between the neighbors at
2813 Casco Point Road. The property owner, and their engineer addressed the neighbors’ questions in the
field. No written comments have been submitted.
6. Staff Recommendation. Replacement of the destroyed walls is essential due to the bluff and steep
nature of the slope on the property as well as the immediately adjacent neighboring properties. Further,
removal of the pre-existing burned wall materials and replacement of soil was required in order to assure
the new walls would be structurally stable to support the slope. The variance to permit the expanded
retaining wall structure within the bluff and 75-foot lake setback will help to maintain the existing slope
and character of the area.
Planning Staff has prepared a revised resolution for Council’s consideration. An as-built survey will be
required upon completion of the construction on site. Staff recommends approval of Resolution No. 7387,
as amended.
COUNCIL ACTION REQUESTED
Council should adopt Resolution No. 7387, as amended.
Exhibits
A. Draft Resolution No. 7387 (amended)
B. Plans:
B1. Survey / Grading Plan
B2. Construction Plans
B3. Soil Information
B4. Engineered Design/Letter
B5. Landscape Plan
C. Previous Meeting minutes (CC 11/28/2022; PC 02/21/2023; CC 03/13/2023; and 07/24/2023)
References
Council Packet 11/28/2022 – Emergency Slope Repair
PC Packet 02/21/2023
Council Packet 03/13/2023
Council Packet 07/24/2023
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7385
1
A RESOLUTION
APPROVING AFTER-THE-FACT VARIANCES
PURSUANT TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1680
WHEREAS, on December 12, 2022, Mark Thostenson and Lisa Thostenson
(hereinafter the “Applicants”), applied for after-the-fact variances for the property addressed 2815
Casco Point Road and legally described as:
All that part of Lot 120 Spring Park, and all the Unplatted land and that
portion of Lake Shore Avenue vacated, lying between Lot 120 of Spring Park
and the side lines of said Lot projected to Lake Minnetonka, which lies
northwesterly of a line running parallel with and five feet northwesterly from the
southeasterly line of said Lot and the extension thereof, Hennepin County,
Minnesota (hereinafter the “Property”);
WHEREAS, in July 2022, a grass fire occurred on the lakeside bluff of the
Property which destroyed the existing lakeside improvements including a timber wall system,
lake access stair, lakeside deck, and shed within the 75-foot setback and bluff; and
WHEREAS, on October 28, 2022, a Stop Work notice was issued in response to
the project exceeding the permitted in-kind replacement under building permit (#RAS22-
000082) because the construction resulted in unpermitted expansions of the wall footprints and
locations; and
WHEREAS, in November 2022, the Applicants submitted documentation from a
licensed professional engineer which indicated that failure of the current lake yard slope and the
existing retaining walls on the Property was imminent. The City Council authorized an
emergency slope repair via Resolution No. 7315; and
WHEREAS, on December 12, 2022, the Applicants have made an application for
an after-the-fact variance from City Code Section 78-1279 and 78-1680 in order to permit the
construction of the expanded retaining walls within the 75-foot setback and bluff; and
WHEREAS, the Planning Commission reviewed the request at a public hearing
held on February 21, 2023 and voted 4 to 1 in favor of approval; and
WHEREAS, the City Council reviewed the request at meetings held on March 13,
2023 and July 24, 2023. The Council reviewed the engineered plans and the recommendations
of Planning Commission and City staff; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7385
2
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby approves the requested after-the-fact variances to permit construction of the
new engineered retaining walls as described above based on one or more of the following
findings of fact concerning the Property:
FINDINGS OF FACT:
A1. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above-mentioned meetings, and any and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the LR-1C One Family Lakeshore Zoning District.
A3. The Property contains 0.34 acres in area and has a defined lot width of 56 feet.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. The Property was subject to a fire on the lake slope in July 2022 which destroyed the
previously existing timber retaining walls, stairs, deck, and storage shed leaving the
slope vulnerable to failure.
A6. The Applicants applied for an administrative building permit to rebuild the existing walls
in-kind. The construction of the replacement walls expanded beyond the in-kind
reconstruction and the project was stopped and stabilized. The Applicants received City
Council approval of an emergency slope repair in November 2022.
A7. Applicants have applied for the following after-the-fact variances:
a. 75-foot Setback for Structures and Hardcover
b. Bluff Setback Variance
c. Average Lakeshore Setback Variance
A8. Retaining walls, decks, sheds and other building improvements are not permitted within
75-feet of the OHWL. Installation of the new walls require City Council approval of after-
the-fact 75-foot hardcover, bluff setback, and lake setback variances.
A9. The deck, shed, and lake access stair will be an in-kind reconstruction under an
administrative building permit.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7385
3
A10. In considering this application for variances, the Council has considered the advice and
recommendation of the City Staff and the effect of the proposed emergency slope repair
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values of
property in the surrounding area.
ANALYSIS:
B1. “Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . .” Preserving and protecting the lake yard slope is in
harmony with the intent of the ordinance. The Applicants are restoring the
improvements destroyed by fire. Staff recommends the proposed retaining walls,
deck, and shed be screened with vegetation to maintain the rural nature of the lake
wherever feasible.
B2. “Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan.” The retaining walls will continue to maintain the integrity of
the slope and protect the slope from catastrophic failure which protects the lake as
well as neighboring properties. The reconstructed improvements will be as close to
in-kind replacements as permitted by the existing slope conditions. The proposal is
consistent with the comprehensive plan in this manner.
B3. “Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable
manner, however, the proposed use is not permitted by the official controls. The
Applicants have installed replacement retaining walls, improvements which
are residential in nature and reasonable from a residential scope.
Additionally, it is reasonable to permit the in-kind reconstruction of the
destroyed deck, stair, and shed.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The Applicants have designed and constructed
retaining walls to protect against failure of the slope resulting from a
catastrophic fire. The existing improvements within the slope of the lake
yard were not originally constructed by the owner and are permitted to be
reconstructed as close to in-kind as permitted by the existing slope
conditions; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7385
4
c. The variance, if granted, will not alter the essential character of the locality.” There
were previously existing retaining walls, lakeside deck, lake stairs, and a
shed located in the bluff/lake yard. The variances to permit the expanded
walls within the bluff and 75-foot lake setback will help to maintain the
existing slope and character of the area.
B4. “Economic considerations alone do not constitute practical difficulties.” Economic
considerations have not been a factor in the variance approval determination.
B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78.” This condition is not applicable.
B6. “The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located.” This condition is not applicable as residential improvements are permitted
within the residential district.
B7. “The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling.” This condition is not applicable.
B8. “The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property.” The slope of the Property and lakeshore
improvements destroyed by fire are unique conditions affecting the subject
Property.
B9. “The conditions do not apply generally to other land or structures in the district in which the
land is located.” The steep slope, existing timber wall configuration, and the existing
improvements create conditions which do not apply to all of the adjacent
properties.
B10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” Granting bluff, average lakeshore, 75-foot
lake setback variances to allow the replacement retaining walls within the 75-foot
lake setback to remain as constructed with an expanded footprint is reasonable, is
a better solution long-term, and is necessary to preserve the rights of the owner.
need for variances is supported by the vulnerable slope on the Property.
B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter.” Granting the lake
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7385
5
yard setback variance allowing the retaining walls within the average lakeshore,
setback, bluff and 75-foot lake setback will not adversely impact health, safety,
comfort or morals, or in any way be contrary to the ordinances.
B12. “The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty.” The proposed improvements and as-
constructed walls within the lake yard will continue to preserve the integrity of the
slope and there is no conforming location to install the retaining walls which would
protect the slope. Preserving the existing walls is necessary for the protection of
the slope and the lake.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
approval of after-the-fact variances pursuant to Orono Municipal Zoning Code Section 78-1279
and 78-1680 to allow the reconstruction of the existing retaining walls with expansions including
installation of a replacement lakeside deck and shed, according to the approved plan, subject to
the following conditions:
C1. Council approval is based on the entire record, above Findings.
C2. The project shall conform to the survey and submitted plans (hereinafter the “Plans”)
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A and B.
C3. The Applicants shall install landscaping which shall provide as much vegetative
screening of the walls and other improvements when viewed from the lake as feasible.
C4. The Applicants shall assure that the walls near the property lines will not adversely
impact stability for the adjacent neighboring slopes. Field adjustments shall be made to
the ends of the walls to assure adequate support.
C5. Any amendments to the Plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
C6. Upon approval of the after-the-fact variances the City will release the Stop Work order
for building permit RAS22-000082.
C7. An As-Built survey meeting the City’s standards shall be provided by the Applicants
upon completion of the lakeshore construction and the home construction projects.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7385
6
C8. Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by satisfactorily completing the project and
as-built survey. The lakeshore improvements must be completed and inspected within
one year of approval or the after-the-fact variances will expire on August 14, 2024.
C9. 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 14th day of August, 2023.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
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(TO BE REMOVED)
(TO BE REMOVED)
WINDOW
WELL
(DIMS. PERMANUFACTURERSPEC SHEET.)PROP. DRAIN
RIM =959.8
PROP. OUTLET
=933.0
958
CONT.960REMOVE
CONC PATIO
108 SQFT PROP.WINDOWWELLPROP.
GROUND
DECK 220
SQFT
PROP. ELEV.
= 964.0
8.9
PROP. STONE
W
A
L
L
TOP = 964.0
BOT = 961.420.0961
PROP.
964
CONT.
TOPOGRAPHIC SURVEY
I hereby certify that this plan, survey or report was prepared by
me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
By:
Minnesota License No.
Dated day of 2023.
Part of Lot 120, SPRING PARK, Hennepin County, Minnesota.
27th June
45356
6/27/2023
NO. DATE DESCRIPTION BY
SCALE: 1" = '
DATUM: JOB NO.
REVISIONS
DRAWN BY:
CREW:
221329AS
CBS
CBS/BCK
30
Assumed
DATE: 1
2
3
E. G. RUD & SONS, INC.EST. 1977
DENOTES RETAINING WALL
DENOTES FENCE
DENOTES OVERHEAD UTILITY
DENOTES SILT FENCE
DENOTES BUILDING SETBACK LINE
LEGEND
DENOTES IRON MONUMENT FOUND AS LABELED
DENOTES POWER POLE
DENOTES CONCRETE SURFACE
DENOTES BITUMINOUS SURFACE
DENOTES TELEPHONE PEDESTAL
DENOTES EXISTING SPOT ELEVATION
DENOTES MAILBOX
DENOTES ELECTRICAL BOX
DENOTES EXISTING CONTOURS
PIN No. 17-119-22-14-0008
Owner: City of X
Address: Unassigned
DENOTES AIR CONDITIONING UNIT
DENOTES SANITARY SEWER MANHOLE
X 952.36
DENOTES ADJACENT PARCEL OWNER INFORMATION
(PER HENNEPIN COUNTY TAX INFORMATION)
- Field survey was completed by
E.G. Rud and Sons, Inc. on
01/10/22.
- Bearings shown are on an
assumed datum.
- Parcel ID Number:
2011723320011.
- This survey was prepared
without the benefit of title work.
Additional easements,
restrictions and/or
encumbrances may exist other
than those shown hereon.
Survey subject to revision upon
receipt of a current title
commitment or an attorney's
title opinion.
- Due to field work being
completed during the winter
season there may be
improvements in addition to
those shown that were not
visible due to snow and ice
conditions characteristic of
Minnesota winters.
- Boundary work was not
completed as part of this
as-built survey any
monuments and boundaries
are for reference only.
NOTES
Per Certificate of Title No. 1541552
All that part of Lot 120, SPRING PARK, and all the
unplatted land and that portion of Lake Shore Avenue
Vacated, lying between Lot 120 of SPRING PARK and the
side lines of said Lot projected to Lake Minnetonka,
which lies northwesterly of a line running parallel with
and five feet northwesterly from the southeasterly line
of said Lot and the extension thereof.
Legal Description of Record
030 30 6015
TOTAL LOT AREA ..................... 14,650± FT
2
EXISTING HOUSE ........................ 1,343 FT2
EXISTING GARAGE ........................ 672 FT2
EXISTING DRIVEWAY (ON LOT) ...... 834 FT2
EXISTING CONC STAIRS .................. 23 FT2
EXISTING WOOD STAIRS ................. 29 FT2
EXISTING RET WALLS .................... 195 FT2
TOTAL IMPERVIOUS SURFACE ...... 3,096 FT2
PERCENT IMPERVIOUS ..................... 21.1%
BENCHMARK
BENCHMARK: MNDOT GSID STATION #11452
MNDOT NAME: JOHNSON MN053
ELEVATION = 938.909 NGVD29
TOTAL LOT AREA ..................... 14,650± FT
2
EXISTING HOUSE ........................ 1,343 FT2
EX. RET WALL NEAR EX. GARAGE ..... 23 FT2 *
TIMBER BORDER (REMOVAL) .......... 32.5 FT2 *
PROPOSED GARAGE ....................... 710 FT2
PROPOSED WALK ............................ 74 FT2
PROPOSED STOOP ........................... 80 FT2
PROP. PATIO (REMOVAL) ................ 108 FT2 *
PROP. DRIVEWAY .......................... 933 FT2
PROP. RETAINING WALLS STEPS .... 122.4 FT2
PROP. RET. WALL STEP LANDING ..... 12.3 FT2
PROP. DECK AND BOAT HOUSE ..... 118.8 FT2
PROP. DECK ATTACHED TO HOUSE ... 220 FT2
EXISTING CONC STAIRS .................. 23 FT2
EXISTING RET WALLS ................. 165.0 FT2 *
EXCLUDED RET. WALL REMOVAL ..... 23 FT2
EXCLUDED TIMBER BORDER ........ 32.5 FT2
EXCLUDED PATIO REMOVAL .......... 108 FT2
EXCL. RET. WALLS BY LAKE ........ 165.0 FT2
TOTAL IMPERVIOUS SURFACE ... 3,636.5 FT2
PERCENT IMPERVIOUS ................... 24.82%
PIN No. 2011723320012
Owner: C A & C D PRICE
Address: 2813 CASCO PT ROAD
PIN No. 2011723320010
Owner: WESLEY & BRENDA BYRNE
Address: 2817 CASCO PT ROAD
- This survey boundary was
calculated using a survey by
Gronberg & Associates Land
Surveying dated 5-18-22.
DENOTES PROPOSED CONTOURS
DENOTES DRAINAGE ARROW
27FEB23 REVISE PROP. IMP. TABLE CBS
21APR23 ADD PROP. DRAIN & GRADES CBS
27JUN23 ADD PROP. DECK & IMPERV. CBS
Resol. No.
7385
Exhibit A
Construction Plans
July 12, 2023
Lisa Thostenson
2815 Casco Point Road
Orono, MN 55391
Submitted by email: purrtopia@hotmail.com
RE: Timber Retaining Wall Evaluation
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 23-7128
Dear Ms. Thostenson:
This letter is being sent per your request regarding the recently repaired timber retaining walls at the
above listed property.
This evaluation is based on the following:
x Repair progress photos provided by you or your representatives.
x Retaining wall design repair drawings prepared by Criterium-Schimnowski Engineers dated June
15, 2023 (attached).
x Site visit performed by Criterium-Schimnowski Engineers on June 12, 2023.
x Repairs were performed at Walls 1 (lowest tier), Wall 2 and Wall 3.
x No changes were required for Wall 4 (wall behind proposed shed/boathouse).
x Wall 5 was partially reconstructed by the contractor due to address some alignment issues.
x Wall 6 will be reconstructed due to the change in the proposed height of the wall. Refer to the
attached tiered wall cross-section drawing for more information.
Based on the information listed above, the repairs to the retaining walls appear to be structurally stable
and in general conformance with the repair details as prepared. Typical construction details such as use
of drainage elements and wall reinforcement appear to be followed correctly. As is normal for timber
retaining walls of this type, some seasonal and long-term wall movement and backfill soil settlement
should be expected. I recommend that concentrated areas of surface water be directed away from the
walls.
Scope of Service and Limitations
The purpose of this inspection and report is to evaluate the condition of the recently constructed or partially
constructed retaining wall. The report is not to be considered a guarantee of condition and no warranty is
implied. Our observations are non-destructive, and limited to those portions of the site/wall that could be
visually examined without excavation. Our scope of services did not include an exhaustive technical
investigation. No material sampling, analytic tests, precise measurements or engineering calculations were
performed. This includes but is not limited to: compaction testing, soil sampling, global stability calculations.
We did not determine whether the wall and its operation or use conform to any city codes, or regulations, or
restrictions that may be enforced within the jurisdiction. For construction phase services, it is understood that
the Contractor, not ENGINEER, is responsible for the construction of the project, and that ENGINEER is not
responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety
precautions, programs or enforcement; or for construction means, methods, techniques, sequences and
procedures employed by the Contractor. As Professional Engineers, it is our responsibility to evaluate
2815 Casco Point Road, Orono, Minnesota
July 12, 2023
Page | 2
available evidence relevant to the purpose of this inspection. We are not, however, responsible for
conditions that could not be seen or were not within the scope of our service at the time of the inspection. If
additional documentation or information is made available for review, I reserve the right to amend or add to
the opinions and observations presented in this report.
Opinions and recommendations in this report are limited to the scope of work. This report has been
prepared in strict confidence with you as our client. Reliance upon our report by other parties is strictly
prohibited. If you choose to share our report, you agree to indemnify, defend and hold harmless the
Engineer from any third-party action. No reproduction or re-use is permitted without express written
consent. Further, we will not release this report to anyone without your permission.
If additional documentation or information is made available for review, I reserve the right to amend or
add to the opinions and observations presented in this report.
Please call me if you have any questions or need more information. Thank you.
Sincerely,
Paul Schimnowski, PE
MN PE# 40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: July 12, 2023 License #: 40126 (MN)
Council Exhibit B5
LOT 120
965.3965.
1
967.
8
4
FFE965.4964.
4
961.4
963.1
962.09
6
1
.
7962.3960.
8
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1
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9
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01.73.36.53.2 21.3EXISTINGHOUSEEXISTING
HOUSE
1,343 SQFT EXISTING
HOUSEEX.GARAGEEXISTING
GARAGE28.024.
0
24.
0 28.0672 SQFT
EXISTING
FOUNDATION
710 SQFT23.630.
0
24.08.6BAY
WINDOWNAIL
IN
BLACKTOP
T.
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.
=
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9
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.
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.
=
9
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.
4
T.W.= 960.2B.W.=958.2TIMBER BOARDER OFGARDEN FROM ADJ.LOT (TO BE REMOVED)92
8
93
0
9
3
2
9
3
2
9
3
4
936 9
3
8
94
0 942
94
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LOCATION PER
PREVIOUS SURVEY,
WAS NOT LOCATED
DUE TO CONDITIONS
O.
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.
W
.
L
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=
9
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.
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14,650± SQFT
CANTILEVER
N6
6
°
2
1
'
4
7
"
W
5
3
.
4
5
22.0320.18WIND.
WELL
PROP DRIVE
933 SQFT
PROP WALK74 SQFTPROP STOOP80 SQFTEXIST. RET.
WALL 23 SQFT
(TO BE
REMOVED)
EXIST. DRIVE
834 SQFT
(TO BE REMOVED)
(TO BE REMOVED)
WINDOW
WELL
95
2
95
4
130 SQFT (IN R.O.W)
94
8 (DIMS. PERMANUFACTURERSPEC SHEET.)PROP. DRAIN
RIM =959.8
PROP. OUTLET
=933.0
958
CONT.960REMOVE
CONC PATIO
108 SQFT PROP.WINDOWWELLPROP.
GROUND
DECK 220
SQFT
PROP. ELEV.
= 964.0
8.9
PROP. STO
N
E
W
A
L
L
TOP = 964
.
0
BOT = 961
.
420.096
1
PROP.
964
CONT.
TOPOGRAPHIC SURVEY
~for~Lisa Thostenson
~of~ 2815 CASCO POINT ROAD, ORONO MN.
I hereby certify that this plan, survey or report was prepared by
me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
By:
Minnesota License No.
Dated day of 2023.
Part of Lot 120, SPRING PARK, Hennepin County, Minnesota.
27th June
45356
NORTH
6/27/2023
NO. DATE DESCRIPTION BY
SCALE: 1" = '
DATUM: JOB NO.
REVISIONS
DRAWN BY:
CREW:
221329AS
CBS
CBS/BCK
30
Assumed
DATE: 1
2
3
E. G. RUD & SONS, INC.
Professional Land SurveyorsEST. 1977
990 5th Ave SE, Suite 2Hutchinson, MN 55350
Tel. (320) 587-2025
www.egrud.com
DENOTES RETAINING WALL
DENOTES FENCE
DENOTES OVERHEAD UTILITY
DENOTES SILT FENCE
DENOTES BUILDING SETBACK LINE
LEGEND
DENOTES IRON MONUMENT FOUND AS LABELED
DENOTES POWER POLE
DENOTES CONCRETE SURFACE
DENOTES BITUMINOUS SURFACE
DENOTES TELEPHONE PEDESTAL
DENOTES EXISTING SPOT ELEVATION
DENOTES MAILBOX
DENOTES ELECTRICAL BOX
DENOTES EXISTING CONTOURS
PIN No. 17-119-22-14-0008
Owner: City of X
Address: Unassigned
DENOTES AIR CONDITIONING UNIT
DENOTES SANITARY SEWER MANHOLE
X 952.36
DENOTES ADJACENT PARCEL OWNER INFORMATION
(PER HENNEPIN COUNTY TAX INFORMATION)
-Field survey was completed by
E.G. Rud and Sons, Inc. on
01/10/22.
-Bearings shown are on an
assumed datum.
-Parcel ID Number:
2011723320011.
-This survey was prepared
without the benefit of title work.
Additional easements,
restrictions and/or
encumbrances may exist other
than those shown hereon.
Survey subject to revision upon
receipt of a current title
commitment or an attorney's
title opinion.
-Due to field work being
completed during the winter
season there may be
improvements in addition to
those shown that were not
visible due to snow and ice
conditions characteristic of
Minnesota winters.
-Boundary work was not
completed as part of this
as-built survey any
monuments and boundaries
are for reference only.
NOTES
Per Certificate of Title No. 1541552
All that part of Lot 120, SPRING PARK, and all the
unplatted land and that portion of Lake Shore Avenue
Vacated, lying between Lot 120 of SPRING PARK and the
side lines of said Lot projected to Lake Minnetonka,
which lies northwesterly of a line running parallel with
and five feet northwesterly from the southeasterly line
of said Lot and the extension thereof.
Legal Description of Record
030 30 6015
EXISTING IMPERVIOUS
SURFACE CALCULATIONS
TOTAL LOT AREA .....................14,650± FT2
EXISTING HOUSE ........................ 1,343 FT2
EXISTING GARAGE ........................ 672 FT2
EXISTING DRIVEWAY (ON LOT) ...... 834 FT2
EXISTING CONC STAIRS .................. 23 FT2
EXISTING WOOD STAIRS ................. 29 FT2
EXISTING RET WALLS .................... 195 FT2
TOTAL IMPERVIOUS SURFACE ...... 3,096 FT2
PERCENT IMPERVIOUS ..................... 21.1%
BENCHMARK
BENCHMARK: MNDOT GSID STATION #11452
MNDOT NAME: JOHNSON MN053
ELEVATION = 938.909 NGVD29
PROP. IMPERVIOUS SURFACE
CALCULATIONS
TOTAL LOT AREA .....................14,650± FT2
EXISTING HOUSE ........................ 1,343 FT2
EX. RET WALL NEAR EX. GARAGE ..... 23 FT2 *
TIMBER BORDER (REMOVAL) .......... 32.5 FT2 *
PROPOSED GARAGE ....................... 710 FT2
PROPOSED WALK ............................ 74 FT2
PROPOSED STOOP ........................... 80 FT2
PROP. PATIO (REMOVAL) ................ 108 FT2 *
PROP. DRIVEWAY .......................... 933 FT2
PROP. RETAINING WALLS STEPS .... 122.4 FT2
PROP. RET. WALL STEP LANDING ..... 12.3 FT2
PROP. DECK AND BOAT HOUSE ..... 118.8 FT2
PROP. DECK ATTACHED TO HOUSE ... 220 FT2
EXISTING CONC STAIRS .................. 23 FT2
EXISTING RET WALLS ................. 165.0 FT2 *
EXCLUDED RET. WALL REMOVAL ..... 23 FT2
EXCLUDED TIMBER BORDER ........ 32.5 FT2
EXCLUDED PATIO REMOVAL .......... 108 FT2
EXCL. RET. WALLS BY LAKE ........ 165.0 FT2
TOTAL IMPERVIOUS SURFACE ... 3,636.5 FT2
PERCENT IMPERVIOUS ................... 24.82%
PIN No. 2011723320012
Owner: C A & C D PRICE
Address: 2813 CASCO PT ROAD
PIN No. 2011723320010
Owner: WESLEY & BRENDA BYRNE
Address: 2817 CASCO PT ROAD
-This survey boundary was
calculated using a survey by
Gronberg & Associates Land
Surveying dated 5-18-22.
DENOTES PROPOSED CONTOURS
DENOTES DRAINAGE ARROW
27FEB23 REVISE PROP. IMP. TABLE CBS
21APR23 ADD PROP. DRAIN & GRADES CBS
27JUN23 ADD PROP. DECK & IMPERV. CBS
Project:
Client:
Boring No.:
Soil Type:
LL:PI:
21.4
SET-R18a
2.67
Opt. Water Content (%):
Location:
As Received W.C. (%):25.7 PL:
Depth(ft):
100.2
*Assumed
Job No.
Date:5/8/23
14310
Specific Gravity:
9530 James Ave South Bloomington, MN 55431
Moisture Density Curve ASTM: D698, Method A
2815 Casco Point Road #23-0240
Maximum Dry Density (pcf):
Haugo Geotechnical Services
Lean Clay with sand (CL)
Sample:4/12/2023
93
94
95
96
97
98
99
100
101
102
103
18 19 20 21 22 23 24 25 26 27 28Dry Density (PCF)Water Content (%)
Proctor Points
Zero Air Voids
ASTM D3080
Project/Client:
Boring No.: Sample No. Depth:
Location:Sample Type:
Soil Type:
0.2
====32.1 deg.====31.2 deg.
Cohesion
0.032 TSF
Cohesion
TSF0.033Apparent
Peak Conditions
Friction Angle: Friction Angle:
At Given Shear Disp. Of:
Apparent
"These tests are for informational purposes only and must be reviewed by a
qualified professional engineer to verify that the test parameters shown are
appropriate for any particular design."
0.95Thickness (In.)
Water Content (%)
0.95
95.2
0.95
0.93
(in/min)
Diameter (In.)2.50 2.502.50
Date Reported:5/8/2023
Initial
Max Stress
Failure Criterion:
Plastic Limit:
A
0.0008
X
Bulk
(*) = Assumed Specific Gravity
Remarks: Specimens compacted to 95% of maximum standard proctor density at optimum moisture
content using -#4 material; Inundated after applying normal load. Consolidated and sheared to given
displacements at constant rate of 0.0008 inches/minute.
Plasticity Index:
Specific Gravity (*):
Liquid Limit:
Lean Clay with Sand (CL)
27.6 27.5 26.9
Shear Rate
21.4 21.4
95.2
B
2.68
0.94 0.94
0.38 0.75
97.3
0.97
1.50
Thickness (In.)
Water Content (%)
Normal Stress
Shear Stress
Dry Density (pcf)96.2 96.3
0.26 0.52
Direct Shear Test
Test Date:
Job No.:
2815 Casco Point Road #23-0240 / Haugo Geotechnical Services
4-12-23
Dry Density (pcf)
Before Shear
4/27/2023
14310
95.2
C D
21.4
-0.02
-0.015
-0.01
-0.005
0
0.005
0.01
0 0.05 0.1 0.15 0.2 0.25Change in Thickness (inch)0
0.2
0.4
0.6
0.8
1
1.2
0 0.05 0.1 0.15 0.2 0.25Shear Stress (TSF)Shear Displacement (inch)
0
0.25
0.5
0.75
1
1.25
1.5
1.75
2
0 0.25 0.5 0.75 1 1.25 1.5 1.75 2Shear Stress (TSF)Normal Stress (TSF)
July 12, 2023
Lisa Thostenson
2815 Casco Point Road
Orono, MN 55391
Submitted by email: purrtopia@hotmail.com
RE: Timber Retaining Wall Evaluation
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 23-7128
Dear Ms. Thostenson:
This letter is being sent per your request regarding the recently repaired timber retaining walls at the
above listed property.
This evaluation is based on the following:
Repair progress photos provided by you or your representatives.
Retaining wall design repair drawings prepared by Criterium-Schimnowski Engineers dated June
15, 2023 (attached).
Site visit performed by Criterium-Schimnowski Engineers on June 12, 2023.
Repairs were performed at Walls 1 (lowest tier), Wall 2 and Wall 3.
No changes were required for Wall 4 (wall behind proposed shed/boathouse).
Wall 5 was partially reconstructed by the contractor due to address some alignment issues.
Wall 6 will be reconstructed due to the change in the proposed height of the wall. Refer to the
attached tiered wall cross-section drawing for more information.
Based on the information listed above, the repairs to the retaining walls appear to be structurally stable
and in general conformance with the repair details as prepared. Typical construction details such as use
of drainage elements and wall reinforcement appear to be followed correctly. As is normal for timber
retaining walls of this type, some seasonal and long-term wall movement and backfill soil settlement
should be expected. I recommend that concentrated areas of surface water be directed away from the
walls.
Scope of Service and Limitations
The purpose of this inspection and report is to evaluate the condition of the recently constructed or partially
constructed retaining wall. The report is not to be considered a guarantee of condition and no warranty is
implied. Our observations are non-destructive, and limited to those portions of the site/wall that could be
visually examined without excavation. Our scope of services did not include an exhaustive technical
investigation. No material sampling, analytic tests, precise measurements or engineering calculations were
performed. This includes but is not limited to: compaction testing, soil sampling, global stability calculations.
We did not determine whether the wall and its operation or use conform to any city codes, or regulations, or
restrictions that may be enforced within the jurisdiction. For construction phase services, it is understood that
the Contractor, not ENGINEER, is responsible for the construction of the project, and that ENGINEER is not
responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety
precautions, programs or enforcement; or for construction means, methods, techniques, sequences and
procedures employed by the Contractor. As Professional Engineers, it is our responsibility to evaluate
2815 Casco Point Road, Orono, Minnesota
July 12, 2023
Page | 2
available evidence relevant to the purpose of this inspection. We are not, however, responsible for
conditions that could not be seen or were not within the scope of our service at the time of the inspection. If
additional documentation or information is made available for review, I reserve the right to amend or add to
the opinions and observations presented in this report.
Opinions and recommendations in this report are limited to the scope of work. This report has been
prepared in strict confidence with you as our client. Reliance upon our report by other parties is strictly
prohibited. If you choose to share our report, you agree to indemnify, defend and hold harmless the
Engineer from any third-party action. No reproduction or re-use is permitted without express written
consent. Further, we will not release this report to anyone without your permission.
If additional documentation or information is made available for review, I reserve the right to amend or
add to the opinions and observations presented in this report.
Please call me if you have any questions or need more information. Thank you.
Sincerely,
Paul Schimnowski, PE
MN PE# 40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: July 12, 2023 License #: 40126 (MN)
Council Exhibit B5
Supplemental Landscape Information
2815 Casco Point Road
Orono MN, 55391
Planting Plan Information;
The plants chosen for this planting plan are all plants that have proven ability to survive in the
microclimate conditions being a sloping SW facing direction and will provide screening in the summer
and some winter interest was well when they reach maturity.
• Karl Foerster Grass – Reaches 36” -60” tall and 24” -36” wide. Adaptive to a grow in many
different soil mediums. Drought tolerant. Loves full sun. Will provide winter screening if not cut
down.
• Prairie Fire Switch Grass – 4-5’ in height and 3’ in width. Poor soil condition tolerant. Used as a
screening plant in summer, fall and winter (if not cut down). Grows in full sun.
• Sea Green Juniper – Vertical height of 2-4’ and 4-5’ in width, Resistant to animal chewings,
tolerant of poor soil conditions, very hardy, thrives in full sun and will drape over walls.
• Forsythia – Reaches 3’ -9’ in height and 6-10’ in width, very hardy for our climate, resistant to
animal chewings. Tolerant to a wide range of soil conditions.
• Red Gnome* Dogwood – reaches 4-5’ in height and 5-6’ in width, grows well in full sun. Is not
particular to a soil type and is tolerant to dry conditions. One of its suggested uses is for
screening.
• Red Snowberry – 4-5’ in height and 4-8’ in width, it is a spreading plant commonly used in bank
plantings. Tolerant of most soil conditions and drought. It is also resistant to animal chewings.
• Common Orange Lily. Typically, 2-3’ in height and will continue to spread as long there is space
to do so. Adaptable to a variety of soils, including sandy soils. Drought tolerant. Insect and
animal tolerant.
A couple notes about the updated plan;
• The bottom two walls now have Karl Foerster grasses and Orange Lillies in front of them for
screening. Plants will be spaces appropriately.
• For the space at the bottom of angling stairs, no plants are being installed as there needs to be
sufficient space for turning and walking to the next set of stairs to get to the boathouse.
• No plants are being added to the left side of the boathouse as there is a door on that side of it
and putting plants there will impede the opening of the door.
• The Stella d’Oro at the top of the wall have been removed as the final surface will be covered
with grass, either seeded and covered or sodded.
One other note to add. It is important to understand that one cannot purchase plants of the mature
heights and widths listed above. Nurseries simply do not grow them that big. The container sizes listed
on the plan are common size sold at most nurseries. Perennials can double in size from one year to the
next. Ornamental grasses can reach mature growing heights in one full season. Many shrubs can, and
do, grow as much, and even more, than 1’ each year.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
17. LA22-000061—WILLIAM&KATHLEEN WANNER- 1095 FERNDALE ROAD WEST—
2ND EXTENSION OF RESOLUTION NO.7150—RESOLUTION NO.7314
18. HENNEPIN COUNTY FIBER CONNECTION
Crosby moved,Seals seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5,Nays
0.
Mayor Walsh complimented the Staff, City Attorney,and Union Employees for getting the Union
Contracts finalized.He thanked everyone for their work in finding common ground for the next three
years. He also thanked everyone who donated towards the fireworks displays and holiday lighting
including Orono Dental Care,Lunds and Byerlys,North Mallow, Orono Lion's,Holiday Circle K,
Culvers, Orono Parks Legacy Fund, Paul Kovista,Kottemann Orthodontics, Otten Brothers,Pfeffer's
Meats, Westonka Animal Hospital, Orono School District,Bob and Lisa Erickson,Denny and Amanda
Walsh,and Ben and Heather Goodwin. The holiday event starts at 5:00 p.m. at the Orono Golf Course on
Saturday,December 3,2022.
FINANCE DIRECTOR REPORT
Finance Director Olson noted it is a busy time for the Finance Department in preparation for adopting the
final budget and tax levy.
COMMUNITY DEVELOPMENT REPORT
19. 2815 CASCO POINT ROAD,VALDES O/B/O LISA THOSTENSEN,EMERGENCY
SLOPE REPAIR—RESOLUTION NO. 7315
Josh Prust, on behalf of Joe Valdes,Applicant,was present.
Staff presented a summary packet of information. City Planner Curtis stated in July the property's walls,
deck,and stairs to the lake were destroyed by fire. The owner submitted a building permit application to
repair the walls in-kind; during installation of the walls, Staff noted the construction had extended beyond
the in-kind footprint and work was stopped.The contractor was directed to stop and stabilize the area.
The owner is requesting additional permission to install an additional wall at the top of the slope. The
Applicant's engineer has determined this to be necessary to protect the integrity of the slope over winter.
The Applicant will submit an after-the-fact variance application to address the wall footprint expansions
in the lakeyard setback. Until that time,the engineer has provided documentation showing the slope
failure is imminent and needs an emergency correction. Curtis noted the City's Engineer reviewed the
documentation and recommends the City Council authorize the emergency repair to stabilize the slope.
Staff recommends approval of the Resolution to allow the contractor to proceed with the emergency slope
failure repair as designed.
Mayor Walsh received a call from a neighbor and he was shocked when he went to the property at the
amount of digging that took place on the hill. He noted they dug out the entire hillside on both sides and
he is trying to understand how that happened.
Page 2 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
Josh Prust, Valdes Lawn Care and Snow Removal, is present on behalf of Joe Valdes who constructed the
walls and removed the soil.Mr.Prust is new to the project as of a couple weeks ago when Mr.Valdes
asked him to figure out how the project got to that point. Mr. Prust's understanding is that as permitted
work to the walls was being done,Mr. Valdes realized the ends of the walls were not long enough to
retain the hillside.Mr.Valdes was afraid if the walls were left in that state,the bluff would erode and
eventually end up in the lake.Mr.Prust noted Mr. Valdes made some choices and understands his fault in
expanding the walls beyond what was permitted; he was trying to do what was best in his mind to keep
the hillside in place.
Mayor Walsh stated they brought in a massive digging machine and dug out way beyond what would be
necessary. He noted the decision now is whether to give forgiveness which is not a good precedent, or to
figure out how to put the hill back together.
Johnson noted it makes sense to stabilize it for the winter,but he also has some legal questions. The idea
behind emergency slope repair is that one does not create the emergency.
Paul Schimnowski, Criterium-Schimnowski Engineers, 161 Dunbar Way,Mahtomedi,was asked to
provide a design for the replacement walls. He noted the City's concerns are valid in how much they saw
being moved. When the original walls were built,that kind of dirt would have been moved at that time, as
well due to the tiebacks needing to be dug out and reinstalled.He understands that the request right now is
the emergency work and there is no guarantee that an after-the-fact variance may be approved.He wants
to be sure what is there is stable and will get them to spring without any more erosion or slope failure.
Mayor Walsh wants to be clear if this is approved,a stop-work order is on everything else on the slope.
Mr.Prust agreed.
Mayor Walsh noted there are legal issues needed down the road to solve this. It is a complicated problem
that was not created by the City but by the Applicant.
Johnson asked if the engineer's investigation includes the neighbor's properties and whether their slopes
could now be impacted by the work.
Mr. Schimnowski replied immediately following the emergency work a full topographic survey will be
performed beyond the property line to the adjacent properties to make sure any impacts on adjacent
properties are mitigated.
Johnson clarified the emergency repair includes neighboring properties as it relates to the work done on
the Applicant property.
Mr. Schimnowski replied in the affirmative. They will be shoring up their land.
Johnson wants it on the record that they are also responsible for assessing impacted areas because the
project grew.He clarified the neighbors have done nothing wrong.
Charles Price,2813 Casco Point Road,noted it seems that they do need the emergency slope repair to
keep the slope from failing over winter.He clarified that this does not approve the Applicant to leave it
as-built.
Page 3 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
Mayor Walsh replied in the affirmative.It would be approved with that they cannot do any other work
besides the temporary fix and will need to apply for a variance for the additional work that has been done.
Seals asked if the Prices have noticed any issues on their property.
Mr. Price replied it is tough because they were on the bluff trying to put the fire out but it was too
massive. They were trying to keep their oak trees alive,which hold up the bluff. When he had a survey
done,the top of the bluff is 42 feet elevation higher than the lake. In looking at the work that has been
done,Mr.Price noted a massive amount of dirt has gone away,much more than has gone back in. He
thinks it is probably 25-30 feet further away from the lake than it was before.
Carol Price noted it is worrisome that the bluff has been pushed back and their property is vulnerable
now. They are worried,and while they think the work done has been good construction,Ms.Price does
not think they did it in the correct way to preserve what was there.It was definitely not like kind.
Johnson moved,Crosby seconded,to approve Resolution 7315,2815 Casco Point Road,Emergency
Slope Repair with conditions that no additional work be done and the Applicant must come back to
apply for appropriate variances.VOTE: Ayes 5,Nays 0.
CITY ATTORNEY REPORT
There was nothing to report.
CITY ADMINISTRATOR/ENGINEER REPORT
Edwards updated the City Council,noting with the freeze/thaw cycle the City had two water main breaks
in the system near Casco Point and at the High School.Both should be fixed this evening.
PUBLIC COMMENTS
Brad Erickson, 2485 Independence Road,stated these are the events tying Mayor Walsh and Mr. Crosby
to right-wing extremism, seditious conspiracy,conspirators,the Proud Boys, and ultimately the Capitol
riots. On November 10, 2019,Mayor Walsh sent Mr.Erickson the first vulgar campaign video on
Facebook talking about Dems having"one hand in your pocket and the other in your ass."It also said
Dems are"f-ing crazy."On July 14,Mayor Walsh sent a second video on Facebook comparing the
extermination of six million Jews to mask mandates and then threatening it can happen here in America.
On November 21,2020 Mr. Crosby, on video and in tactical gear, attended a protest outside Governor
Walz's mansion which was also attended by the Minnesota Proud Boys. On November 28,Mr. Crosby,
on video and in tactical gear, attended another protest outside the Governor's mansion,also attended by
the Proud Boys and features Clay Nielson which is likely where they met for the first time. On December
5,2020 Mr. Crosby, on video and in tactical gear, attended a protest outside the Governor's mansion
where violence erupts, arrests are made,Mr. Crosby is interviewed spewing election conspiracy theory.
On December 14,2020 Mr. Crosby turns to crowdfunding for member Clay Nielson who was injured in
Washington D.C.while assaulting a black man. On January 6,2021 Mr. Crosby and a traveling
companion went to Washington D.C.to take part in the protests on the Capitol steps and were said to
have been bragging about it at the Long Lake Fire Station upon their return.On January 11,2022 Mr.
Page 4 of 8
MINUTES OF THE
ORONO PLANNING COMMISSION
February 21,2023
6:00 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Mark McCutcheon, Commissioners Scott Kirchner, Chris Bollis,Dennis Libby,Bob Erickson.
Commissioners Matt Gettman and Jon Ressler were absent. Representing Staff were Community
Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye.
Chair McCutcheon called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Kirschner moved,Bollis seconded,to approve the Agenda.VOTE: Ayes 5,Nays 0.
APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 17,2023
Libby moved,Kirchner seconded,to approve the minutes of the Orono Planning Commission
meeting of January 17,2023.VOTE: Ayes 5,Nays 0.
PUBLIC HEARINGS
1.LA22-000068 VALDES LAWN CARE AND SNOW REMOVAL,LLC,2815 CASCO
POINT ROAD,REQUESTS AN AFTER-THE-FACT 75-FOOT LAKE SETBACK
VARIANCE FOR RETAINING WALLS.
City Planner Curtis reported that in July of 2022,the timber lake slope walls, deck and stairs to the lake at
this address were destroyed by fire. A building permit was issued to reconstruct the walls in-kind. During
the installation of the wall, staff observed that the construction had expanded beyond the "in-kind"
limitations.As a result, a stop-work order was issued. The applicant's engineer provided documentation
showing slope failure was imminent and needed an emergency correction. Because the work was halted
prior to construction, on Nov. 28 the City Council granted approval to install a final wall at the top of the
slope in order to protect the integrity of the slope upon spring thaw. That wall has not been installed. The
applicant is requesting to add 1.7 feet to the top wall that's existing rather than constructing a new
additional wall on the top of the slope,which would better accommodate the final grades and the lake
access stair. All the improvements are within the 75-foot setback from the lake and within the bluff. The
newly-constructed timber walls are situated generally where the previously existing walls were located.
The new walls are not considered an "in-kind"replacement as the footprint of some of the walls extend
closer to the neighboring properties, are in different configurations and are in different locations than the
previously existing walls. The owner is requesting an after-the-fact variance to address the wall footprint
expansions in the bluff and lake yard. A lake stair is permitted within the 75-foot setback and within the
bluff. The deck walkway and shed are not permitted but are able to be reconstructed in-kind. The property
owners can apply for a building permit to rebuild their decks and shed and the stairs as long as the
existing parameters are not exceeded. Because the new walls were installed in a slightly different
placement, size and configuration variances are required. The applicant identified the slope and existing
conditions as practical difficulty supporting the requested variances. They have provided the
documentation with the practical difficulty worksheet in your packets. They are here tonight as well. Staff
finds there are difficulties in the topography and challenges brought on by the fire which may support the
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MINUTES OF THE
ORONO PLANNING COMMISSION
February 21,2023
6:00 o'clock p.m.
variances for the expanded retaining walls. Staff supports setback variances for the new wall footprint as
long as the change does not adversely impact neighboring properties and the slope stability on those
properties. The applicant provided a letter from their engineer with an opinion regarding the stability of
the slope on the neighboring properties and it was included in your packet as Exhibit H along with
comments from the public. Staff recommends approval of the setback variances for the wall
improvements as proposed and as they are constructed. Staff does not recommended approval of any
walls which encroach into the neighboring properties, and the applicant should be asked to confirm that
the work was not conducted beyond the property lines. If the applicant needs to construct improvements
on the neighboring properties,they should be providing consent for that work, and we should include that
in the permit. Staff further recommends the vegetative screening of the walls be implemented to screen
the new walls from the lake as much as feasible.
Libby asked if the destroyed walls that had to be removed had been permitted.
Curtis responded there is no record of a permit,but they have existed for quite some time.
McCutcheon asked to clarify if the last retaining wall is yet to be built on the very top.
Curtis explained the upper wall is constructed, but the applicant has decided they don't need to construct
an additional wall. They would like to make that wall 1.7 feet taller to accommodate the grade.
Josh Prust who works for Valdes Lawn Care and Snow and resides at 16016 Hidden Valley Road in
Minnetonka and Joe Valdes of Hastings,MN represented the applicant.
Mr.Valdes explained his company was hired to replace the burned-out retaining walls and stairs. His
recommendation would have been for a boulder wall because of the difficulty with constructing a timber
wall but that would have exceeded the allowed hard cover. Some of the problems included reduced
vegetation because of trees that were burned in the fire and the discovery of rotting timbers behind the
front timber walls. He said they tried to minimize the damage to the bluff and achieve good drainage
behind every single wall so there would not be any erosion going into the lake. He said all this required
more excavation than typical. The slope is too big and there is no way to control the bank as there is no
vegetation. The snow this year will cause the soil to wash out in the spring more than usual. There's
nothing holding the bank anymore. He said they were under a time crunch because it was November. His
workers were digging by hand with pics to avoid damaging existing roots. We have to do anything in our
power to protect the bluff and any vegetation. We had to work from the top to the bottom. We cannot
work from the lake because there is no space to have any machine there. Work was halted in November
and the Planning Commission did not have a December meeting. So I apologize that we did what we did.
There is no way to be able to do this in the kind of winter we are having this year.
McCutcheon asked about the neighbor's retaining walls. This is a big project,I can see that. And when I
look at it, and I see all the neighbors, it's almost like you kind of work together?Because it seems like
every has the same problem. Everybody has a need for this to be successful. He asked Valdes if what he
has built and is proposing will hold.
Page 2 of 19
MINUTES OF THE
ORONO PLANNING COMMISSION
February 21,2023
6:00 o'clock p.m.
Mr. Valdes said he wouldn't want to say 100%but is 90% sure the project will hold the bank.
Mr. Prust added one of the requested items that came from the last meeting they were at was that they
have their engineer do an analysis of the neighboring properties as much as possible and get a survey with
topographical to satisfy that those banks are stable, and they're not going to go anywhere. He said the
neighboring walls in addition still have vegetation on them. So they still have their trees and all their
plants and stuff that didn't get burned up. All that root structure is still helping to hold their slopes up.
Libby asked if the engineering plans articulated that they needed to remove portions of the bluff to
remedy the erosion.
Mr. Valdes said the reason they had to remove soil was to backfill it with drain rock behind the timbers.
The engineering plan called for 18 inches of drain rock behind the timber walls.
Libby said he has worked in a couple of projects like this. So I'm just trying to get a scope of
understanding how you approach this from an engineering and then a positive outcome. If you're
removing portions of the bluff,wouldn't that naturally then increase the pitch of the bluff so that there's
less soil to work with and then you have more of a grade down towards the lake shore?
Mr. Valdes said they were not taking away from the height of the bluff but creating space to backfill with
drain rock.
Chair McCutcheon opened the public hearing at 6:20 p.m.
Patty Yorks, 2825 Casco Point Road, said she had hoped to show photos of what was there previously,
what is there now and what other neighbors have done to mitigate the bluff. I'm also on a bluff, and
everybody else here, another 10 people, are also on this bluff. We all are expressing major,major
concern. It wasn't necessary to do this digging. Everybody along the bluff has done work within your City
ordinances and complied. They've done things by hand. They've been very careful and mindful of all the
vegetation on the on the bluff.And these people just came in and bulldozed everything and removed the
dirt. There was a big road down to the bottom of the bank. It was just an absolute travesty of how they
approached this and little or no regard for the lake or the environment.And we have two engineers that
live right in that notification area that you sent out. They're just amazed at what the City is allowing them
to do, because they do not believe it's built structurally appropriately and engineered appropriately. And,
to my knowledge,the engineer that they have has not signed off on this and standing behind the
engineering. I just am concerned that this is not going to hold and the City is going to have some liability
on this because they're approving something that is not accurate.
McCutcheon said he doesn't pretend to know the history of this project, but obviously you do as a
neighbor. But normally when these things are in construction it has to get ugly before it gets better. In
hearing the applicant explain the process, it sounds like when they were removing the old wall with the
rotted timber that the only solution was to dig it out and fix it.
Page 3 of 19
MINUTES OF THE
ORONO PLANNING COMMISSION
February 21,2023
6:00 o'clock p.m.
Ms. Yorks responded it's a problem that they caused themselves. There were things that had to be
corrected,probably,but not to this extent. She said she had photos which Curtis did not have available.
McCutcheon invited her to pass her phone around the table.
Curtis clarified that the applicant's engineer has approved plans as designed. We don't approve their
engineering,their civil engineer takes the responsibility by stamping the plans.
Ms.Yorks said the work is too egregious.And then after-the-fact,I mean, come on,really?The whole
thing is just egregious. I get that it was an emergency.
McCutcheon said it's one of those things with the construction season, and I'm not trying to make
excuses,but I'm just trying to be logical about it.If you start pulling back layers of the onion and you're
holding that much earth back,you do have to act with a sense of urgency.Was it handled the best way?
Obviously,we would like them to go to City first,which they did. They came in--well, after-the-fact, of
course,but they did try to make it right.
Margaret Martin,2821 Casco Point Road. I sent in this information earlier in an email and it is from a
member of the family who is a civil engineer, a geotech.You have all that information and I won't go
through all of the points,but I will just reiterate a couple of the things that he emphasized.He indicated
that the wall does not appear to be replaced in-kind and therefore should fall under scrutiny of new
construction.It increases impervious surfaces within the buffer, increases discharge to the lake and does
not appear that anything has been done to naturalize the shoreline, and I understand timeframe with
winter etc.,that that can't be addressed immediately. Surface drainage pads have not been identified. Tree
Removal completed prior to plan approval has been discussed. The damage caused by this disturbance
may put neighboring properties at risk in the future and this has been addressed. So again,you have a
printed version and this is from an engineer who is very knowledgeable.But moreover,we need to
consider the fact that that allowing things to go through sets precedents that should not be given in our
City so that people think they can get away with it and do things not according to how they're set up.
These rules were set up by our City and should be complied with.
Commissioners took some time to review the photos that Ms.Worth and Curtis had been able to access.
Tyler Warnke,2147 Valley View Place, St.Paul said he was the equipment operator on the shop. I just
want to reiterate that I went off what the plans were. I've never seen a slope this steep.And in order to get
to the bottom,I had to dig around that. They said it was a road. It did look like a road but I can't reach all
the way down to the bottom to pull out the timbers. So we're pulling up timbers going down as we go.
Some of them are eight feet back and I have to dig those out.I'm not going to leave those in the ground,
because when I construct the new walls,I have to go back. I`ve got to do the tie back. So it's different
than just digging a hole. I've got to put a six foot to eight foot chunk on the back to nail the tie back to,to
hold the wall., so all that has to be dug out. There's different aspects that made that difficult.Up on the top
there's a tree and the neighbors were adamant about leaving the tree. So we worked around that and did
what we could to keep it.And that's why there's a little adjustment over on that side just to keep and not
destroy the roots on that tree. But it's just it's a big job,no doubt about it.A lot of the stuff had to be dug
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MINUTES OF THE
ORONO PLANNING COMMISSION
February 21,2023
6:00 o'clock p.m.
back to get those tie backs. The engineer plans came to that step. The neighbor on the west walked me
over to his yard and showed me he had his redone and he had a huge washout.I stand by what we built
and I believe it will hold back that hill.
Kirchner asked if as the equipment operator, did he think this could have been done as handwork instead
of equipment operation?
Mr. Warnke said he thinks it would have been a year-long project. A lot of that stuff was hard back in
there. With the pick axe they spent 10 hours on one little section trying to get the tie backs back so we
didn't take that bluff out on the on the east side up on top. Everything I've seen it's done with heavy
equipment.
Libby asked if he was involved in any other excavations or moving soil there other than directly affecting
the washout and in the wall?
Mr. Warnke said the only removal was to put the walls in and take out the existing walls, because all the
existing walls were burned and had to come out. Then I had to dig the soil back to get the old original tie
backs. The old original tie backs had big concrete, like a pail of concrete,and that was chained. We did
nothing around the house.Everything was on the lakeshore.
Commissioners asked about the extent of the damage caused by the fire. Curtis showed photos taken right
after the fire.
Carol Price, 2813 Casco which is the west side property adjacent to this one. I will agree with everyone
that this has been a mess. The fire is not responsible. It was unfortunate that happened to the owner.
They're just trying to recoup the bluff I agree that the contractor, once he got in there,did see the work
involved and he did try to save the trees. But again,there was a mess of a mound of dirt that was
excavated from the bluff.And all that excavated dirt had to come by our house because we gave them
permission.And so it was very difficult for us. They took away multiple dump trucks of dirt and brought
in the stones to backfill those walls. So I did put in written comments in the packet as I saw it as of
Friday. What is different is I had no idea that the wall construction now has changed from seven walls to
six walls.And now the sixth wall is going to be taller.This is the first I've heard of it.All of my
comments were based on the original design of seven tiered walls. And in late October,a stop order was
issued because they were building this not according to the in-kind plan. It was almost done. They were in
the process of prepping for the seventh wall. So they went to the City Council to express an emergency
request to put in that seventh wall and it was granted in early November.At the time of the stop order,the
contractor very rightly put in erosion burlap,they secured the bluff as it was built,everything was
rounded. They took away all the equipment because they didn't know if this was going to be approved.
The emergency order was based on the engineering request that this wall was in imminent danger of
collapse if they did not finish that seventh tier.And after the permission was given to build the seventh
wall, no one came back. That is my concern now is that bluff, it has the seven tiers.And that seventh wall
isn't there. The Bluff now makes a half bowl; it's not straight anymore. So that half bowl really requires
that seventh wall. The contractor put in the side walls to compensate for the neighbors. Those sidewalls
are needed for this place where the seventh tier is supposed to be.I agree it should be there.If they make
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MINUTES OF THE
ORONO PLANNING COMMISSION
February 21,2023
6:00 o'clock p.m.
the claim that this is an imminent need for the bluff, it should have been built.Again,this is the first time
I've heard about the sixth wall just coming up a little bit. I don't know if that's going to keep the
neighbor's property from falling because they have built this round and curve tiering effect. I know there
is a concern about hardcover. But that hardcover came in less than the previous old wall. So there needs
to be some scrutiny here. I don't think we should tear down this wall. I am an engineer. I'm data driven.
I'm detail-oriented. You guys need to see what this looked like. You need to see the photos of how this
was constructed. I saw the construction. I'm there every day. The contractor did a good job. I think he
really reacted to what he saw. And he's trying to do a good job. I just want to make sure that whatever is
approved in the end,this bluff isn't going to fail,I'm not going to be affected. It's nobody's fault that the
bluff burned,but we've got to deal with it.
McCutcheon said seeing the pictures he would be concerned as well but he is also looking at the
challenges that the contractor had. I appreciate all the feedback because it's a drastic change to what the
neighborhood has had. He asked if we are seeing a lot of erosion because the disadvantages of this with
the fire? So you have no root system to establish that integrity and so they're kind of in a bad spot?He
noted people driving by in boats would see nice trees and then nothing but a huge retaining wall system
that doesn't fit the character of the neighborhood. Yet the neighbors think it should be bigger because they
are really concerned about it.
Ms. Price reiterated that she does not have enough information to make a decision at this point. This is too
much of a surprise to me. There is a bluff line there and the neighbors are on the bluff line. The sloping
does vary as you're going from west to east. The actual slope of the whole land of that Peninsula is
flowing downward. The slopes on this end,they're steep. And as you as that landmass gets lower,those
slopes are more gentle. But this particular build did scoop out a hole in that natural line of the bluff. And
part of that scoop out is it's affecting the neighbors. The contractor was stopped before the seventh wall
was almost finished, so that dirt is loose,there's nothing to hold it. I don't think making the sixth wall a
foot taller compensates for what's there now. I'd like to see some plans.
Bollis said he thinks on the engineering report for that additional height on that wall, it shows that the
grade's going to be improved to the top of that wall. So what we're looking at right there, that's the sixth
wall. That would be 1.7 feet higher. And this bowl, I'm assuming would be cut and filled to the top of
that.
Ms. Price said she hasn't seen any of the new updates and would not be in favor of seeing it approved
without the seventh wall. I have no data to make an evaluation. I would just like the board to look at the
data. It looks massive. It's not in character for the rest of the neighbors or Casco Point or the bluffs. When
you backfill those walls, it's back filled and compacted with dirt and stone. How do you get something to
grow in there?You don't,you might get small plants and things,but there won't ever be a tree back there
again, so you've changed it forever.
Charles Price, 2813 Casco Point Road,noted all the pictures have been from the water. The engineer who
designed the walls made it crystal clear,you can't let any water infiltrate these walls up on the top side.
I've never heard a plan for how the water is going to get around this wall,the water that runs across the
lot. That needs to be clarified somewhere. Price also said the exhibits don't correctly represent the old
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bluff line top.He said the bluff has been moved back 22 feet. That's part of the reason why we're in a
variance situation now,I guess, because it wasn't built in accordance with plans. There's a mistake there.I
don't know exactly what the significance of that is.And I actually want to compliment Tyler,Joe,you
guys did a good job on the walls. Good job. They worked hard. Tyler was up here explaining.He worked
with us,he worked with the neighbors on the other side. So I don't necessarily want to have it torn down
and start over.And that's up to you guys to figure out.
The Commissioners, applicants and neighbors continued to review photos and drawings.
Curtis pointed out that the applicant is not asking for approval on these issues. We're going back and forth
about what was there and what what's there now but we know it's not what was there before.
Mr.Valdes said to go eight feet high with the wall,you have to go eight feet back. We have property
lines,we have neighbors.We had tie backs going from the first wall all the way to the second wall. So all
the walls basically want to structure all the way from the bottom to the top of the wall. That way we know
how to approach anybody's property, and we'd be able to save histories. We actually did more work to be
able to make sure that we're stable enough. So if you have one wall, all the way to the top has got to tie
and nail into each other and the whole thing is one structure all the way. This is why that is not right.He
said some of the structure now in place is temporary because the wall is not finished. They addressed the
drainage on the east end by putting in drain tiles in the corner that will drain the whole yard. We have the
pipes ready behind the walls to hook up but the job is not complete.
McCutcheon asked about drainage and the current opinion of the engineer for the project.
Mr. Valdes said water would go to the corner where the fence used to be where there was an old catch
basin and some tires. Those have been removed and everything is now buried. He said this winter there
has been 70 inches of snow. When it melts,the water will go west to east where they have put in a berm.
The water will not go to any neighbor's property. He said the retaining walls are being designed so it will
not have to have a railing.
Chair McCutcheon closed the public hearing at 7:02 p.m.
McCutcheon opened commission discussion saying it's a pretty significant build.And he understands the
challenges with burning down trees,the root system failing, and yet needing to hold all that soil back. He
also said he can understand the concern from the neighbors as it's different in character from the rest of
the area. But looking at it, if you tore it down and rebuilt it,I'm thinking you'd look pretty similar because
of all the earth that was removed. I'd like to hear the comments of the commission here on what can be
done next steps,because we can't change the past. So let's try to keep the conversation on what can be
done going forward. Do we let them finish it with the proposed changes?Or does anybody have an
opinion on some kind of other plan or approach towards this?
Kirchner said his initial frustration is that in-kind walls were approved and we didn't land there. Due to
the dirt that was removed.today we can't go back and do X,Y and Z.And therefore, by the applicant and
the homeowner circumventing the process,they removed that ability for neighbors, City staff, and this
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commission as well as the City Council to have a review process of how this looks. We maybe can't go
back based on the amount of dirt that was removed. I'm fairly certain that what we're looking at there
from the original walls to what's new are not in-kind. They're a different footprint.They're different
angles and different places on the hillside. So my initial thought is also the precedents that we set to then
go back and approve and after-the-fact variance,because I worry does that say 'go ahead and do what you
want?' And then we're going to have to say, 'Oh,well,we're stuck with it now'. I worry about the
precedents and what that sets for our City.We've got a lot of bluff and hillside to protect around the lake
and that might be a slippery slope,pardon the pun.
Bollis said he definitely has the same concerns as Commissioner Kirschner. Typically,when you're doing
a project like this, if you can't build in-kind for whatever reason, it's great to come back here.But looking
at it as a situation where it's imminent that there's going to be a problem,I question whether it could have
even been built in-kind.We don't know what those existing walls were. We don't know if they even met
code as far as what the new walls have to meet and are engineered by. So all the information I have,I feel
like the new system is definitely engineered, signed off on. We don't even know what the old system was.
I feel like the contractor did a good job dealing with the problem that they had there. It's just unfortunate
it didn't come up here. Or it wasn't able to come here because I wouldn't have wanted to stop and then get
halfway through the winter and not be able to do anything.And then we'd have a huge problem this
spring, if that were the case. So I think it's probably fortunate that it got built to the extent that that it did.I
think either way, if the engineer says it works, if there's a seventh wall or just raising that sixth wall,I'm
fine with the proposed raising the sixth wall and doing the appropriate grading. I guess the question for
staff would be I don't know if that would require a railing.
Curtis said the City's building official could be asked to comment on that and clarify with the applicant if
a railing is required by state code before it goes to the City Council.
Libby said he tends to favor several remarks that Commissioner Kirschner mentioned. One is that I think
it was a poorly-conceived plan to start with; it did not get enough review. And I think that once you get a
stop order, it's a flag. Not to defend the City Council,but when you have an approval, and then
something different than what was approved is built or constructed with very little interaction with the
City engineering, it's a formula for failure. Because for one thing,you created a slope that didn't exist
before.And in the spirit of conservation and preservation,not only within the scope of our empirical
bluffs ordinance,you have the protection of the lake itself.And I think that those were not centrally
focused on how the engineer designed this with very little consulting or approval in that plan and design
and engineering with the City. So trying to remove a little fault from the City, I defer to Mrs. Price's very
sage wisdom as a credentialed individual looking at this kind of from the outside,that there was too little
analysis to really look to not have the disaster that I think this really is. I think that what they really need
to do is recreate the bluff wall at the top that they previously had. First of all,you could have a straight
fence. It would be helpful,but no one knows that,not even the contractors,who know how to operate the
machines and move the dirt in the soil and bring the portions of the wall out that needed to be removed.
There really are not enough statistical solid metrics to really determine how this really should have been
done and how to fix it. I'm not really in favor of approving any of this.Even with the staff suggestion,the
two suggestions that I made,I think really should go back to a planning stage with the original engineer
who should have done more due diligence with the City engineer, so they know that as they move
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forward,they're operating within the structure and the constructs of our Orono City bluff ordinance,
which is very focused on preservation and conservation.I don't see much of that here. The operators did
what they were told. They worked from a plan,but I think was a very faulty plan to start with.
Erickson said,he felt Commissioner Libby's comments are well said. What stands out for me is that the
staff does not recommend approval of any walls which encroach into neighboring properties.He quoted
the staff recommendation. The issue here is was there encroachment?And if there was then I concur that
the neighboring property owners should be involved in the process with their consent. I would add that to
the concerns that Commissioner Kirschner and Commissioner Libby have raised.
McCutcheon said what we have now is holding back earth. What would we give them for guidance if we
did have them go back to planning stage.Do you have any thoughts on that?
Libby said his only suggestion would be to put that top bluff wall back. I'm not an engineer,but I have
probably eight years of working with the bluff ordinance.I also have some on-site experience on Tanager
Lake, in green trees,were in almost identical circumstances existed, except for the fire.And that wall had
to be replaced four times in the course of seven years because we had a number of 100-year rain events.A
very reputable,well-known designer of that sort of construction,and reputable veteran construction
operators,maybe like yourself, came in and thought it would work. But the engineering lacked what it
needed to stabilize it. Like Mrs. Price mentioned--numbers,metrics,calculations, design and
engineering. I don't think that there was enough of it here. One solution would be to not have created a
new slope, if that could be corrected. And once again,I think that top left wall needs to be there.
Kirchner asked had this come before us as a blank slate,what would some of the feedback have been?
The contractor stated that he initially had proposed a boulder wall.I don't know if that would have
allowed for less intrusion from east to west across the front of the bluff. I believe that the issue was
hardcover.
Curtis clarified the issue was it wasn't in-kind, and they couldn't do it with a building permit at that time. I
think it was a time issue. Retaining walls are listed as hardcover but they don't count against your
property's hardcover total. She added that the engineers spent a great deal of time on the design.
Bollis said he had been concerned that there wasn't enough engineering, but looking through there(the
packet information),there's quite a bit.
Curtis said the City stopped the work on the project,then we asked that the engineer give us his opinion
on what was constructed.And did they follow the engineering of his initial design. With the extended
wall now, adding 10 more feet to a length of wall isn't going to necessarily change his metrics to use the
same word. But he did confirm that and has done considerable amount of work.He's not here tonight, but
I've spoken with him and he was at the council meeting. So he has thoroughly reviewed the project.
McCutchen said he felt he was looking at a situation where it's structurally sound. It's engineering
approved, except for the one last modification with the staffs recommendation of adding vegetation and
making sure that the wall doesn't encroach on neighbor's properties. We definitely would need to verify
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that. I don't want to re-engineer it here. But I'm just still not clear on next steps.I don't know how you
make it structurally sound without making it be as intrusive as it is,because you have to hold back that
earth.I do see the challenges of trying to build a retaining wall with no structure and burned timbers and
trying to excavate and finding more dead,rotted timbers.Did they approach it the right way?My guess,
even if they did it the right way,they would have started digging into it and found they had to come back.
It's a very challenging project.And so I'm trying to figure out, is this a workable solution now where
we're pretty close?Could they add some vegetation?Making sure that that doesn't encroach?Is this
something that we can move forwards with? Or is it something that we need to start over with?
Kirchner asked if it was necessary to have gone as wide with the wall from east to west.
Bollis said you had a bluff previously, and a combination of a wall system,but there was also vegetation
holding that. That vegetation is gone. There has to be something that's going to hold that up,which I think
is the reason why this wall expanded in the spots that it did.I know they're supposed to build in-kind,and
you look at that overlay,at first, it does not look like it's in-kind,but realistically, it's actually less
hardcover than it was.And it's essentially doing the same thing. It's off by a couple feet here and there,
but I don't know how you would do it any differently with the constraints of working on a steep slope like
that,with not touching any vegetation on the sides on the neighbor lots. To tear it down I think would be
worse. That'd be a giant step backwards and you'd end up with something very similar.Essentially,the
new wall is very similar to what was there.It's just you couldn't see it because you had a storage shed,
walls and stairs and bushes.I doubt there was any drainage behind the old wall.I don't see any outlets for
any drain tile(in the photos), like the new wall has.
Kirchner said as much as I do have frustration with how this was approached and how we landed here
today,I also would firmly agree that are we going to do more damage by denying this and saying start
over and the impact that would have on the bluff to try this again. I don't like this one all day long.But
I'm concerned that we could potentially do more harm than good by saying go back to the drawing board.
McCutcheon agreed it's a no-win situation for everybody involved. This slope is ridiculous. It's one of the
steeper ones I've seen. The newer construction retaining walls are pretty obvious because they're built to
code. Maybe there could have been a subtle change to make it less obvious but I think at the end it would
still look like it does today.I tend to say move forward with it with making sure that those items staff
mentioned are addressed.
Libby it's very rare that he disagrees with the staff. But I think that this is an ill-fated project that actually
was constructed and built different enough from what the council approved that it deserved the stop order.
And except for the couple suggestions that I made that would actually bring it back to some of the
original construction,I don't think it's redeemable. The original wall burned which is unfortunate. The
way it was constructed is very different than what the City approved. The Council did not approve the
design that got built.
Curtis said I just want to clarify,they applied for a building permit. She explained the plan review was
part of the building permit process. The Council saw an emergency slope repair to finish the top. That's
basically all the council saw.
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Bollis said I think it comes back to what was here previously was a seven-tiered timber wall that we don't
know how it was engineered, and it was replaced with what is currently a six-tiered timber wall that we
know how its engineered. That's essentially in-kind.It's a tiered wall that was built to the engineering
specs which are pretty detailed,which I have to believe are much better than what was existing.I agree
with everybody up here. I don't think the process is right at all.But I think we're going major steps
backwards if this has to be removed,I'm saying functionally this is what was there and if they wanted
something different, obviously,they would have had to go through a different process. The other piece is
that seventh wall. If they built that,then it would be more in-kind to what was there. But that's not in front
of us right now. So that we have to vote on is what's here.
Erickson asked if the commission was headed towards a tabling motion.
McCutcheon said he'd take any motion at this point to get going. I think we have two of us that have
spoken out in favor that we've got enough here where I think the existing this retaining system is
workable.
Bollis said we're no longer approving in-kind,we're approving the variance that's in front of us
Curtis said yes, setback variances for the new walls.
Bollis said he was ready to move to approve the variance but he thinks the seventh wall should be built
that was already approved by the City Council.
Ms. Curtis said she would prefer we not design the wall. The Council approved the emergency repair as
an emergency repair, not as a 'you have to build the seventh wall'. Their alternate to the seventh wall is to
increase the height of that sixth wall. She clarified the design had been approved by the applicant's
engineer. We don't approve engineering.
McCutcheon said a licensed structural engineer in the state of Minnesota put forth a design that's going to
work in his eyes.And that's pretty good for me.He said the commission might be splitting hairs to require
the seventh wall.
Bollis said his thought is that we've got a split commission right now.And maybe that seventh wall gets it
more to what was in-kind previously.In my mind that gets it closer to what it was supposed to be.And it
makes essentially the top of that slope what it used to be.But I'm not going to redesign the project, so
we've got to vote with what's in front of us. So would you rather us move to deny?Because it's missing
that seventh wall?
Kirchner said he felt the commission didn't have enough answers because the engineer was not present.
He suggested making a motion with the recommendation that the engineer provide additional feedback
on the width of the wall.
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Bollis clarified his motion to approve the variance as applied with the addition of the suggestion from
Kirchner that a licensed civil engineer provide additional feedback specifically to the east to west span of
the walls.
Erickson asked to add the staff recommendations that it be ensured the wall is not encroaching on the
neighbors or is doing so with their permission.
Bollis accepted that amendment to the motion.
Libby said he would like to see additional scrutiny on completion.
Curtis verified the City will inspect it when it's completed.
Bollis moved,Kirschner seconded,to approve LA22-000068,2815 Casco Point Road Variance
including staff recommendations,additional engineering review of the width of the wall and final
inspection.VOTE: Ayes: 4,Nays 1 (Libby).
2.LA22-000070 STACY KROMENHOEK,4085 WATERTOWN ROAD,REQUESTS AN
AFTER-THE-FACT VARIANCE FOR A SIDE YARD SETBACK FOR A DECK.
City Planner Nye gave a presentation on the item, stating the applicant is requesting an-after-the fact
variance for a side yard setback for a deck and more specifically deck stairs. In April of 2021 variances
were approved for the subject property for the construction of a single-family home. Variances were
approved for lot size, lot width, front yard and side yard setbacks. This property is very small and narrow
for the RR-1A zoning district. This district requires a minimum of a five-acre lot and 300-foot width. The
subject property is less than an acre and only 73 feet in width. The district's 50-foot side yard setback
requirements overlap,taking away any compliant building envelope.Based on these practical difficulties
variances was granted back in 2021. The building permit for the construction of the home was issued in
August of 2021.And construction began after that. As construction drew to a close staff discovered the
deck and deck stairs were built 17.3 feet from the northern property line where 19 feet was required. The
applicant has chosen to move forward with an after-the-fact variance. They're here today requesting the
variance to keep the deck and deck stairs where they are now to allow a modified side yard setback of
17.3 feet. The applicant has identified the substandard lot size and width as practical difficulties, also
noting that the current owner of the property was not responsible for this and would like to keep the stairs
in place. Moving the stairs to the rear of the deck instead would impact the view and sunlight entering the
home. Staff agrees the lot is substandard in size and width and doesn't have a compliant building
envelope. These practical difficulties led to the approval of a variance in 2021. Staff does not believe
there are any new practical difficulties that will lead to a modified setback today. The construction error
that resulted in the deck stairs being constructed 1.7 feet beyond the side yard setback does not constitute
a practical difficulty. Therefore, Staff recommends denial of the requested variance. The applicant is here
tonight and has provided supporting documentation and can be asked for additional testimony.No public
comment has been received.
Commissioners asked where the steps were supposed to have been.
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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 OB/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?
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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.
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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.
Page 8 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
March 13,2023
6:00 o'clock p.m.
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
Page 9 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
March 13,2023
6:00 o'clock p.m.
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.
Page 10 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
March 13,2023
6:00 o'clock p.m.
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
Page 11 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
March 13,2023
6:00 o'clock p.m.
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.
Page 12 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
March 13,2023
6:00 o'clock p.m.
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.
Page 13 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 1 of 11
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, City Council Members Matt Johnson, Alisa Benson, Richard Crosby III, and Maria Veach.
Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,
Finance Director Ron Olson, Community Development Director Laura Oakden, and City Planner Melanie
Curtis.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
The agenda was approved by consensus as presented.
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF JULY 10, 2023
2. COUNCIL WORK SESSION MINUTES OF JULY 10, 2023
3. CLAIMS/BILLS
4. APPROVAL OF RENTAL LICENSE
5. AUTHORIZATION TO HIRE UTILITY WORKER – JAMES NELSON
6. AUTHORIZATION TO ACCEPT RESIGNATION – TRENT WIEBUSCH
7. AUTHORIZATION TO HIRE POLICE OFFICER -- NICHOLAS SCHWARZ
8. SHORELINE ESTATES (LA21-000055) – STORMWATER MAINTENANCE
AGREEMENT AMENDMENT
9. LA21-000070 – TERRIE DEBAKER O/B/O METROPOLITAN COUNCIL, 3447
CRYSTAL BAY ROAD, CONDITIONAL USE PERMIT, EXTENSION, RESOLUTION
NO. 7386
Crosby moved, Veach seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays
0.
FINANCE DIRECTOR REPORT
Finance Director Olson said his only topic was 2024 budget planning which he had covered in the work
session.
COMMUNITY DEVELOPMENT REPORT
10, LA22-000068 - VALDES LAWN CARE O/B/O MARK & LISA THOSTENSON, 2815
CASCO POINT RD, AFTER-THE-FACT VARIANCES - RESOLUTION NO. 7387
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
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Page 2 of 11
City Planner Curtis explained In July of 2022 the timber walls, deck and stair to the lake were destroyed
by fire. In March of 2023 the City Council reviewed an after-the-fact variance request for the new
retaining walls as construction was found to have expanded beyond the in-kind allowance of the
administrative building permit. Because there were a number of concerns, the Council tabled the
application to allow the applicants to redesign and provide clarification and supporting engineering. The
applicant has provided a wall plan with engineering reflecting a design as close to in-kind as they were
able to achieve, a landscape plan and a plan for the permitted lake access stair deck and shed. Earlier this
summer with the City's approval the contractor made modifications and corrections to the as-constructed
walls which were necessary in order to improve structural stability. The proposed replacement deck and
shed will not encroach closer to the lake than the previously existing structures. The lake stairs are an
allowed improvement within the 75-foot setback and can be constructed, along with the shed and deck,
with an administrative building permit. The applicant is requesting after-the-fact setback variances to
address the replacement wall footprint expansions in the bluff. Comments from the public were received.
Replacement of destroyed walls is essential, Curtis said, due to the bluff and steep nature on the property
as well as the immediately adjacent neighboring properties. The variance to permit the expanded retaining
wall structure within the bluff and 75-foot setback will help to maintain the existing slope and character
of the area. Staff recommends approval as proposed. The applicants and some neighbors were present.
Mark and Lisa Thostenson, 2815 Casco Point Road, the applicants, said they have been communicating
with their neighbors and doing their best to address concerns.
Walsh said it is a complicated project and he recalls the biggest issues were bringing the grade back to
where it was, making sure the neighbors were protected and whether the engineering design would add
height to the top wall or add an additional top wall. He asked how it was determined that the contractor
had not done everything according to plan.
Lisa Thostenson said she and her husband had no idea that the plan wasn’t followed exactly by the
contractor. They sent photos to the engineer and that is how they discovered there were some things that
they weren't comfortable with and requested assistance from the City.
Paul Schimnowski with Criterium-Schimnowski Engineers, 161 Dunbar Way, Mahtomedi, Minnesota,
the engineer of record, said he had received some construction progress photos from the homeowners and
noticed some things that were not done per plan. He notified everyone involved and ended up ending the
contract and service agreement with the contractor. He said he had not seen the neighbors’ questions until
the meeting but thought most could be easily answered. Matching the old bluff height was an important
consideration on this project, he said, and a height of 961 feet nearly from one side to the other with just a
little bit of step down at each end will provide substantial additional support for the neighbors’ properties
on each side. He noted they are still under a stop-work order and did some remedial repairs to the
existing work. The request is for a setback variance and not necessarily the wall approval.
Curtis also said the variance is for the location and placement of the walls. If there are any other technical
details, that is typically part of the building permit.
Patty Yorks, 2825 Casco Point Road, said her biggest concern is that the wall doesn’t blend in with the
shoreline and asked about the landscape plan. She felt some of the proposed plantings were too short.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 11
Benson said she would find it helpful to see a different rendering of the landscape plan that would show
height since she is not familiar with all the proposed species of plants. She said it would be her preference
that the City give as much guidance in that area as possible. Benson noted there were some concerns at
the last hearing on the root structure of some kinds of plantings related to the walls.
Curtis said the City could continue to work with the applicants to make sure plantings were right-sized for
the wall at maturity. She said root structure could result in some limitations for plant selection.
Johnson said rather than trying to set a landscaping plan and specific plants, the Council should stipulate a
percentage of screening and allow the applicant and staff to design the landscaping.
Thostenson indicated a photo of the former wall before the fire and said he would be happy to work on a
landscaping plan as it would be better than it was before.
Penny Saiki, 2874 Casco Point Road, asked about drainage, bowed sections of the wall and the
requirement for railings.
Curtis said railings are only required on the deck and stairs and the building inspector would make sure
that all requirements are followed.
Schimnowski said the walls are designed to drain any surface water that gets behind them. The weep
holes were included in the design as an industry standard; however, it is very unlikely that any water will
ever be seen draining from them.
Lisa Thostenson said new drain tiles have just been installed around the house and they worked with the
wall contractor on where those will drain.
Carol Price, 2813 Casco Point Road, the neighbor to the west, said the Thostensons had not actually
contacted them and they had never gotten any notification from Curtis. She and her husband are seeing
these plans for the first time. She said her husband could not be present but his comments were that this
was not in-kind replacement and the shed and deck should be treated as new construction. He also
questioned the drainage plan. He contended portions of the plan did not have the sign-off of a licensed
engineer in the State of Minnesota. He said there are conditions in the engineer’s design that if ignored,
make reliance on the engineered design impossible. He requested the City require completion of the soil
testing that the engineer requested and a retaining wall completion report.
Schimnowski said he did not see the same problems in the grading plan that Price was pointing out. The
drainage on the site, as proposed, meets all the City standards, he said, so he does not have any concerns
with that. He added the building inspector will be out to do inspections as the remainder of the wall goes
up. When it's completed, there will be a letter from the design engineer saying it got built like it was
supposed to get built with his signature on it.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 11
Price said at the March meeting, the Council said they believed the new wall system has to go back to the
original grade and line up with the tip of the bluff and the properties on either side. The Mayor had said at
the time the contractor had created an entire new bluff landscape that was not part of the like in-kind, and
they have to figure out how to re-engineer to get that grade back, she said. Price said the concerns she
expressed at the February and March City Council meetings do not seem to be addressed in the revised
plan. She said the proposed plans to add 3.4 feet in height to the center of the sixth wall near the stairs and
then add timbers besides toward the adjacent property don’t mitigate the gradient difference. She
contended the new patio would be larger than the original and further into the average lakeshore setback.
The survey denotes that the timber border of garden from the adjacent lot to be removed, she pointed out,
explaining the garden border is actually a retaining wall that steps down the elevation gradient of the
Price property to the applicant’s property. This elevation ranges from approximately six inches to 12
inches. She asked, where is the note to explain what will be done once the timbers are removed so that her
yard and gardens don't fall into the neighbor's yard.
Johnson said Ms. Prices’s notes were included in the packet and are very technical and no one on the
Council is a licensed engineer, as she is. He asked how the Council can take her comments and apply
them directly to the engineers involved and find a way to address these in a way that is meaningful to her.
Johnson said what's important to him in this process is that the Prices as neighbors have done nothing
wrong. There has been a problem and as a result, the neighbors are suffering through this process. Within
the responses of both Prices, he said, there's some really good information that quite honestly, he doesn't
understand. However, the City has staff to be able to do that. He asked what is the best process to make
sure that the Price’s concerns get addressed to give them satisfaction that their investment is protected.
Walsh suggested a meeting between the neighbors, the City staff, and the applicant’s engineer to address
the questions. He said the City’s goal would be to make sure it is done correctly and solves all those
issues.
The consensus of the City Council was that the Prices would meet with the applicant’s engineer and the
City Staff to get questions answered. City Council Members discussed the need to be sure of plans to
taper the top of the wall at the east and west ends and make sure the landscape plan screens enough of the
wall. The Council debated requiring a certain percentage of the wall being covered.
Crosby suggested 25 percent be required.
Benson said without getting into percentages or trying to micromanage this process, she thinks the
intention is to create a view from the lakeshore up and for the neighboring houses that is covering as
much of this as possible. That's really the goal, she said, and it sounds like that's achievable.
Veach said it seems that communication has been an issue. She heard that the applicant is willing to plant
vegetation and it would be in their best interest to make the retaining wall as attractive as possible. She
believed they would figure that out and the Council does not need to get into the weeds on that as long as
everybody has agreed to a mode of communication.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
July 24, 2023
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 11
Johnson said his proposal would be to have staff draft the approval so the applicants know that the City is
approving the process, but the approval doesn't get ratified until the next City Council meeting. He said
that would give the applicant, neighbors, and engineers time to talk and if something were to come up
there would be an opportunity to remove approval from the consent agenda at the next meeting and
discuss it further.
Johnson moved, Crosby seconded, to have staff draft the approval for Resolution 7387 amending it
to include the adjustment of the wall at the corners and to maximize the screenage of the
vegetation. VOTE: Ayes 5, Nays 0.
In a continuation of the Community Development Report, Community Development Director Oakden
said the department has continued to be busy with permits and on-site inspections. They are working
through about 10 applications for the next Planning Commission meeting as well as text amendments and
code enforcement.
CITY ATTORNEY REPORT
Attorney Mattick said he had nothing to report beyond the items scheduled for the closed session later
that evening.
CITY ADMINISTRATOR/ENGINEER REPORT
11. OLD PUBLIC WORKS FACILITY REMODEL (23-044)-DESIGN PROPOSAL
Edwards updated the City Council, noting staff is looking for guidance on a way forward on fire facilities.
The resolution passed at the time of the needs assessment approval called for the staff to seek a proposal
from an architect on the design for the remodel of the existing public works facility into a permanent fire
house. That was done with Oertel, the current architectural firm working on the new public works facility.
The task was to provide a facility for the Orono Fire Department. The challenges are that the existing
facilities Station One and Two would require renovation and maintenance totaling a couple million
dollars over the next few years. The other complication is that Station One is co-owned with the City of
Long Lake and the current litigation hampers any access of either those facilities right now. Remodel of
the existing public works facility into a permanent fire station is possible, but it is costly and not
necessarily ideally suited to the purpose, he said. He suggested the Council take a more incremental and
phased approach and engage the architecture firm to help with some temporary facility needs that would
last until the City could get full access to the existing facilities and get those fully remodeled. Orono
bonded for $3 million for fire facilities. The remodel of the existing public works facility would be about
$3.5 million, leaving no funds currently identified to do any upgrades to the other facilities. Use of the old
public works building as a permanent fire department may also require some significant structural
improvements, he said. The predicted occupancy for the building would be September 2025. The other
consideration would be architect’s fees estimated at $295,000.
Veach asked about use of the old public works facility after its use as a temporary fire facility.
Edwards said it has potential as a recreational facility and some grants may be available for that. There
are many things that would need to happen to that building regardless of its eventual usage such as
roofing and mechanical, he said. There are some things that would be different such as air handling needs.
AGENDA ITEM
Prepared By: mcc Reviewed By: LLO Approved By:
1. Purpose. This application is regarding an average lakeshore setback variance for a deck.
2. MN§15.99 Application Deadline. The application was received on June 21, 2023 and considered
to be complete on June 29th. Therefore the 60-Day review period expires on August 28, 2023.
3. Background/ Summary. The applicants’ currently have a grade-level patio on the lakeside of the
home. They are requesting an average lakeshore setback variance to construct a 14’x 32.5’ deck off of the
main level with a stair to grade over the patio.
4. Variance Description. The applicants did not build the home. The home has one corner right at the
average lakeshore setback. The setback line runs diagonally across the property allowing for a shallow
±7-foot deck to be constructed on the lakeside of the home on the southwest corner. They have stated that
the allowed footprint would not result in a very functional outdoor living space. The applicants have
requested a variance to permit a 14-foot deck which results in an encroachment into the average lakeshore
setback between 6.5 feet on the north and approximately 3.5 feet on the south. The deck expansion does
not appear to impact views of the lake from either neighboring property. All other zoning requirements
will be met.
5. Planning Commission Vote and Comment. On July 17th, the Planning Commission held a public
hearing. Following the public hearing, the Planning Commission voted 7 to 0 on a motion for approval of
the requested average lakeshore setback variance. During the discussion the Commissioners noted the
owners are proposing to remove approximately 190 square feet of driveway from their back up area to
reduce hardcover. The site is currently at 23.79% and are proposing 23.97%. A couple of the
Commissioners felt that since the hardcover removal was not necessary to be conforming, the applicants
should not be required to reduce their driveway or available parking on site.
6. Public Comment. No comments from the public were received.
7. Staff Recommendation. Staff Planning Staff recommends approval of the average lakeshore setback
variance. If the property hardcover is at a conforming level, including the deck addition, no additional
hardcover removals should be required.
COUNCIL ACTION REQUESTED
Move to adopt Resolution No. 7393 attached as Exhibit A.
Exhibits
A. Proposed Resolution No. 7393
B. Proposed Plans
C. Draft PC Minutes 07/17/2023
D. PC Staff Report 07/17/2023
References
PC Exhibits 07/17/2023
Item No.: 15 Date: August 14, 2023
Item Description: LA23-000033, Edwin and Tracey Stephenson, 559 Park Lane,
Average Lakeshore Setback Variance – Resolution No. 7393
Presenter: Melanie Curtis
Planner
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: mcc Reviewed By: LLO Approved By:
A. Application & Narrative
B. Practical Difficulties Documentation Form
C. Proposed Survey/Site Plan
D. Proposed Plans and Elevations
E. Submitted Hardcover Calculations
F. Aerial Photos
G. Property Owners List
H. Plat Map
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7393
1
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA23-000033
WHEREAS, on June 21, 2023, Edwin Stephenson and Tracey Stephenson, a married
couple, (hereinafter the “Applicants”), applied for a variance from the City Code for the property
addressed 559 Park Lane and legally described as:
Lots 9 and 10, Block 6, Minnetonka Summit Park, Hennepin County, Minnesota
(hereinafter the “Property”);
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1279 to allow construction of a lakeside deck to
encroach approximately 6.5 feet lakeward of the average lakeshore setback line; and
WHEREAS, on July 17, 2023, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on July 17, 2023, the Planning Commission recommended approval of the
average lakeshore setback variance; and
WHEREAS, on August 14, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested average lakeshore setback variance as described above based
on one or more of the following findings of fact concerning the Property:
FINDINGS OF FACT:
A1. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above-mentioned meetings, and any and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7393
2
A3. The Property contains 0.44 acres in area and has a defined lot width of 100 feet.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicant has applied for the following variance:
a. Average Lakeshore Setback Variance
A6. 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:
B1. “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 Property includes difficulties in its topography and the orientation of
adjacent homes. The average lakeshore setback variance will not further impact views of
the lake for adjacent properties.
B2. “Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan.” The proposed variance to construct a deck on the Property is
consistent with the comprehensive plan.
B3. “Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable
manner, however, the proposed use is not permitted by the official controls. The
request to permit the deck and stair in the proposed location partially within the
average lakeshore setback appears to be reasonable considering the orientation
of the neighboring homes with respect to the lakeshore the existing vegetative
screening, the topography, and adjacent properties. The request is reasonable.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The Applicants did not build the home. The linear
nature of the shoreline resulting in neighboring home locations all in a continuous
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7393
3
line prevent changes or expansions of the home on the lake side. The
circumstances are unique to the Property; and
c. The variance, if granted, will not alter the essential character of the locality.” The
variance is requested in order to permit construction of the lakeside deck to
which will not adversely impact the character of the neighborhood according to
the submitted information.
B4. “Economic considerations alone do not constitute practical difficulties.” Economic
considerations have not been a factor in the variance approval determination.
B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78.” This condition is not applicable.
B6. “The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located.” This condition is not applicable, as residential improvements are an allowed use
in the LR-1B District.
B7. “The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling.” This condition is not applicable.
B8. “The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property.” The home location and design does not permit
construction of a functional deck depth or allow for an access to grade. The home
location, the Property’s topography and orientation with respect to the lakeshore and the
adjacent homes create difficulties for the Applicants in improving the property consistent
with the homes in their neighborhood on the lake side.
B9. “The conditions do not apply generally to other land or structures in the district in which the
land is located.” The linear shoreline and generally linear placement of neighboring homes
applies to the other homes in the immediate neighborhood.
B10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” The Applicants’ submitted information supports
the request for the average lakeshore setback variance and they have indicated it is
necessary for the preservation of the property right of the owners.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7393
4
B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter.” Granting the
requested variance in this unique situation is not contrary to the intent of the zoning
chapter.
B12. “The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty.” The property has an existing patio and
can support a deck extending approximately 8-feet from the home. However, the
permitted depth would not be functional, the Applicants have provided documentation
indicating that the requested variance is the minimum necessary, and does not merely
serve as a convenience.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a lakeside
deck to encroach approximately 6.5 feet lakeward of the average lakeshore setback line;
subject to the following conditions:
C1. Council approval is based on the entire record, above Findings.
C2. The approved project shall conform to the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.
C3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
C4. Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
obtained within one year of the date of Council approval, or the variance will expire on
that date (August 14, 2024).
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7393
5
C5. Violation of or non-compliance with any of the terms and conditions of this resolution
may result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 14th day of August, 2023.
CITY OF ORONO:
________________________________
Dennis Walsh, Mayor
ATTEST:
_______________________________
Anna Carlson, City Clerk
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MINUTES OF THE
ORONO PLANNING COMMISSION
July 17, 2023
6:00 o’clock p.m.
3. LA23-000033 EDWIN & TRACEY STEPHENSON, 559 PARK LANE, AN AVERAGE
LAKESHORE SETBACK VARIANCE IN ORDER TO EXPAND AN EXISTING
LAKESIDE DECK.
City Planner Curtis explained the applicants are requesting an Average Lakeshore Setback variance to
construct the lakeside deck off of the main level of their home with a stair down over an existing patio.
They are requesting a 14-foot deck where a 7.5 foot deck would be permitted, resulting in an
encroachment into the setback of about six and a half feet on the north and about three and a half feet on
the south. The deck expansion does not appear to impact views of the lake from either neighboring
property, she said. The applicant has identified the existing conditions as practical difficulties and have
provided supporting documentation. They are in attendance. Staff finds the property's alignment with the
neighbors, the topography and the home's orientation to the lake along the street create difficulties in
expanding the home or constructing a functionally-sized deck on the lake side and recommends approval,
she said, adding that no public comment has been received.
Edwin & Tracey Stephenson, 559 Park Lane, the applicants, said they purchased the home two years ago
and were not aware of all of the variances and all of the setback requirements. Over the last year or so
they talked to their neighbors to see if they had any concerns and both indicated that it doesn't impact
their view at all.
Chair Bollis opened the public hearing at 6:24 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:24 p.m.
Ressler said this is an Average Lakeshore Setback case which the Commission sees quite a bit. The City
hasn’t been able to make this one size fits all so it is necessary to look at the big picture. He said it did not
look like the neighbors would be negatively affected in any way by the new deck, adding he does not like
to see asphalt removed for a turnaround but realized they are trying to stay within hardcover limits.
Kraemer said it is a nice project and well thought-out.
Kirchner also said he supports it but hates to see the removal of a turnaround. He said the applicant didn’t
build the home so the practical difficulty of the existing home location was not created by the current
applicant.
Libby said it looks like a good plan and he is in support, adding it is a very scenic and pretty setting so
having a nice deck to look at the lake is appropriate.
Bollis asked about the removal of the turnaround, wondering if the applicant was proposing a one-to-one
removal or going above the necessary removal of the hardcover. He said he agrees it would be a shame to
lose the turnaround on the driveway.
MINUTES OF THE
ORONO PLANNING COMMISSION
July 17, 2023
6:00 o’clock p.m.
Curtis said the applicant is staying pretty equal as hardcover is 23.8 percent right now and will be 23.9 if
the project is completed as proposed. There is a little bit of square footage that they could utilize so staff
can work with them to see if it’s necessary to remove the entire turnaround to stay with 25 percent.
Libby moved, Erickson seconded, to recommend approval of LA22-000033, 559 Park Lane
variance as applied. VOTE: Ayes: 7, Nays 0.
Date Application Received: 06/21/2023
Date Application Considered as Complete: 06/29/2023
60-Day Review Period Expires: 08/28/2023
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: July 17, 2023
Subject: #LA23-000033, Edwin and Tracey Stephenson, 559 Park Lane,
Average Lakeshore Setback Variance
Public Hearing
Background
The applicants currently have a grade-level lakeside patio extending approximately 7.5-feet from the
home. They are requesting an average lakeshore setback variance to construct a 14’x 32.5’ deck off
of the main level of the home with a stair to grade over the patio.
Practical Difficulties Analysis
Applicant Submittal Information: The applicant has identified the existing conditions as practical
difficulties supporting the requested variance. Additionally, they have provided supporting
documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for
additional testimony regarding the application.
Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the
property’s alignment with neighbors and orientation to the lake create difficulties in expanding the
home and or constructing a functionally-sized deck on the lake side.
LOT ANALYSIS WORKSHEET
Section 78-330 and 78-1279 – Setbacks:
LR-1B DISTRICT Required Existing Proposed
Rear/Street 30’ 34.5’ No Change
North Side 10’ 18.7’ No Change
South Side 10’ 14.3’ No Change
Lakeshore 75’ 97’ 95’
Average Lakeshore
The current home is conforming. The proposed deck will
encroach approximately 6.5-feet lakeward of the average
lakeshore setback line or 95-feet from the OHWL.
Application Summary: The applicant is requesting an average lakeshore setback variance for
a new, lakeside deck.
Staff Recommendation: Planning Department Staff recommends approval.
FILE #LA23-000033
17 July 2023
Page 2 of 4
Section 78-330 – Lot Area/Width:
LR-1B DISTRICT Lot Area Lot Width
Required 43,560 s.f. (1.0 acres) 140’
Actual 19,210 s.f. (0.44 acre) 100’@ 75’ / 100’@ OHWL
Section 78-1403 – Structural Building Coverage:
Total Lot Area Total Structural Coverage
19,210 s.f. (0.44 acre) Allowed: 3,842 s.f. (20%)
Existing: 2,881 s.f. (15%)
Proposed: 2,881 s.f. (15%)
Section 78-1680 and 78-1700 – Hardcover Calculations:
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 1 19,210 s.f. 4,802.5 s.f.
(25 %)
4,570 s.f.
(23.8%)
4,604 s.f.
(24%)
Applicable Regulations:
Average Lakeshore Setback Variance (Code Section 78-1279)
The north west lakeside corner of the existing home is set at the average lakeshore setback. The
setback line runs diagonally across the property allowing for a shallow deck to be constructed on the
lakeside of the home on the southwest corner. The permitted footprint (with a depth between 7.5 –
8 feet) would not result in a very functional outdoor living space. The applicants have requested a
variance to permit a 14-foot deck which results in an encroachment into the average lakeshore
setback between 6.5 feet on the north and approximately 3.5 feet on the south. The deck expansion
does not appear to impact views of the lake from either neighboring property.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of
property in the surrounding area. The Planning Commission shall consider recommending approval
for variances from the literal provisions of the Zoning Code in instances where their strict
enforcement would cause practical difficulties because of circumstances unique to the individual
property under consideration, and shall recommend approval only when it is demonstrated that such
actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic
considerations alone do not constitute practical difficulties. Practical difficulties also include but are
not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be
granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in
harmony with this chapter. The board or the council may not permit as a variance any use that is
not permitted under this chapter for property in the zone where the affected person's land is
located. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling.
FILE #LA23-000033
17 July 2023
Page 3 of 4
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed variance is in harmony with the purpose of the Ordinance. The property
includes difficulties in its topography and the orientation of adjacent homes. The average
lakeshore setback variance will not further impact views of the lake for adjacent
properties.
2. The variance is consistent with the comprehensive plan. The proposed variance to
construct a deck on this property is consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The request to permit the deck and stair in the
proposed location partially within the average lakeshore setback appears to be
reasonable considering the orientation of the neighboring homes with respect to
the lakeshore the existing vegetative screening, the topography, and adjacent
properties. The request is reasonable.
b. There are circumstances unique to the property not created by the landowner; The
current owners did not build the home. The linear nature of the shoreline
resulting in neighboring home locations all in a continuous line prevent changes or
expansions of the home on the lake side. The circumstances are unique to the
property; and
c. The variance will not alter the essential character of the locality. The variance is
requested in order to permit construction of the lakeside deck to which will not
adversely impact the character of the neighborhood according to the submitted
information.
Additionally, City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as residential improvements are an allowed use
in the LR-1B District.
7. The board or council may permit as a variance the temporary use of a one-family dwelling as
a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The home location and design does not permit
construction of a functional deck depth or allow for an access to grade. The home
location, the property’s topography and orientation with respect to the lakeshore and the
adjacent homes create difficulties for the Owners in improving the property consistent
with the homes in their neighborhood on the lake side.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The linear shoreline and generally linear placement of neighboring homes
applies to the other homes in the immediate neighborhood.
FILE #LA23-000033
17 July 2023
Page 4 of 4
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The applicants’ submitted information supports
the request for the average lakeshore setback variance and they have indicated it is
necessary for the preservation of the property right of the owners.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter. Granting the
requested variance in this unique situation is not contrary to the intent of the zoning
chapter.
12. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty. The property has an existing patio and can
support a deck extending approximately 8-feet from the home. However, the permitted
depth would not be functional, the applicants have provided documentation indicating
that the requested variance is the minimum necessary, and does not merely serve as a
convenience.
The Commission may recommend or Council may impose conditions in granting of variances. Any
conditions imposed must be directly related to and must bear a rough proportionality to the impact
created by the variance. No variance shall be granted or changed beyond the use permitted in this
chapter in the district where such land is located.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the average lakeshore setback variance. If the planning
commission recommends approval, the applicant should revise their site plan to show the proposed
deck footprint and the proposed stair footprint.
List of Exhibits
Exhibit A. Application & Narrative
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Proposed Survey/Site Plan
Exhibit D. Proposed Plans and Elevations
Exhibit E. Submitted Hardcover Calculations
Exhibit F. Aerial Photos
Exhibit G. Property Owners List
Exhibit H. Plat Map
AGENDA ITEM
Prepared By: mcc Reviewed By: LLO Approved By:
1. Purpose. This application is regarding final plat approval for Wildhurst Forest, a 2-lot plat.
2. MN§15.99 Application Deadline. The final plat application was received on June 21, 2023 and
considered to be complete on August 1, 2023 Therefore the 120-Day subdivision review period expires on
November 29, 2023.
3. Background/ Summary. The undeveloped property is 9.29-acres in area (405,020 square feet) and
is located within the RR-1B one family rural residential zoning district which requires a minimum area of
two acres per lot. The heavily wooded site has sloping terrain and includes a small wetland. The building
pad creation and site grading will be done when the individual lots are developed. The property was part
of a recent administrative boundary line adjustment which moved the existing eastern property line
further east, approximately 80 feet (LA23-000018).
4. Project Description. The applicant is proposing to subdivide the property into two buildable lots in a
Front Lot/Back Lot configuration. There will be an outlot off of Wildhurst Trail serving as the shared
driveway access for both lots. The properties will be served with sanitary sewer and private wells. The
proposed subdivision is consistent with respect to the rural character of the surrounding neighborhood.
5. Preliminary Plat Approval. On June 12th, the City Council reviewed the preliminary application and
voted 3 to 0 in favor of approval. Matt Johnson, the applicant, recused himself for the application
discussion and vote. Resolution No. 7373 granting preliminary plat approval is attached as Exhibit F.
6. Public Comment. No comments from the public were received.
7. Staff Recommendation. Staff Planning Staff recommends approval.
COUNCIL ACTION REQUESTED
Move to adopt Resolution No. 7388 attached as Exhibit A.
Exhibits
A. Proposed Final Plat Resolution No. 7388
B. Plat of Wildhurst Forest
C. Sewer Design/Plan
D. Development Contract
E. Draft PC Minutes 05/15/2023
F. Preliminary Plat Resolution No. 7373
References
Council Packet 06/12/2023
PC Packet 05/15/2023
2024 Comprehensive Plan
Item No.: 16 Date: August 14, 2023
Item Description: LA23-000011, Matthew & Susanne Johnson, 1015 Wildhurst Trail -
Final Plat Wildhurst Forest – Resolution No. 7388
Presenter: Melanie Curtis
Planner
Agenda
Section:
Community
Development Report
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7388
1
A RESOLUTION
APPROVING THE PLAT OF
WILDHURST FOREST
FILE NO. LA23-000034
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”) has
adopted subdivision and land development regulations for the orderly, economic and safe
development of land within the City; and
WHEREAS, the Estate of Christopher Morgart (hereinafter the “Owner”) is the
owner of the property addressed 1015 Wildhurst Trail which is described as follows:
That Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, Township 117, Range 23, Hennepin County, Minnesota, EXCEPT that
part described as follows:
Beginning at the northeast corner of said Southwest Quarter of the Northeast
Quarter of the Northwest Quarter of said Section 7; thence North 88 degrees 17
minutes 15 seconds West, along the north line of said Southwest Quarter of the
Northeast Quarter of the Northwest Quarter of Section 7, a distance of 80.00 feet;
thence South 01 degrees 05 minutes 05 seconds West, parallel with the east line of
said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, a distance of 306.69 feet; thence South 88 degrees 17 minutes 15
seconds East, parallel with said north line, a distance of 30.00 feet; thence South 01
degrees 05 minutes 05 seconds West, parallel with said east line, a distance of
160.02 feet; thence South 30 degrees 00 minutes 00 seconds East a distance of
96.84 feet to said east line; thence North 01 degrees 05 minutes 05 seconds East,
along said east line, a distance of 549.10 feet to the point of beginning, Hennepin
County, Minnesota (hereinafter the “Property”);
WHEREAS, Matthew Johnson and Susanne Johnson, a married couple
(hereinafter the “Developers”), have interest in the Property; and
WHEREAS on March 21, 2023, the Developers applied for Preliminary Plat
approval to subdivide the Property into two buildable lots.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7388
2
WHEREAS, at its regular meeting on June 12, 2023, the Orono City Council
(consisting of the following members: Mayor Dennis Walsh, Councilmember Richard Crosby,
and Councilmember Alisa Benson; Councilmember Matthew Johnson recused himself) granted
approval for the Preliminary Plat per the findings and conditions of Resolution No. 7373 by a 3
to 0 vote; and
WHEREAS, on June 26, 2023, the Developers submitted an application for final
plat approval for the Property; and
WHEREAS, the Developers have agreed to comply with all conditions of
Resolution No. 7373 and has completed or has agreed to complete all other requirements of the
platting regulations of the City.
NOW, THEREFORE, BE IT RESOLVED, based upon the findings of Resolution
No. 7373, the Orono City Council and the City of Orono does hereby approve the plat of
WILDHURST FOREST, Hennepin County, Minnesota (a copy of which is attached as Exhibit A),
subject to the following conditions:
1) Development within WILDHURST FOREST is subject to the Conclusions, Orders and
Conditions enumerated within Preliminary Plat Resolution No 7373, and subject to the
provisions of the Development Contract for WILDHURST FOREST dated August 14, 2023.
2) Dedication on the plat of the perimeter Drainage and Utility Easements as required in
Resolution 7373.
3) Executed Driveway Easement and Maintenance Agreements.
4) Executed Sanitary Sewer Easement.
5) The approvals granted in this Resolution shall become effective only when all conditions of
approval requiring actions by the Developers have been satisfied.
6) Minnehaha Creek Watershed District (MCWD) approved permits for the grading, stormwater
management facilities, storm water pollution prevention plan (SWPPP) and erosion control
plan shall be submitted.
7) A title opinion for the Property and certified copies of all recorded easements currently
affecting the Property shall be submitted.
8) A Development Contract including provision of financial security including a Letter of Credit
to ensure that all site improvements are installed and maintained to the City’s specifications
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7388
3
and satisfaction, and to establish conditions for future development of the site shall be
executed.
9) Payment of Development Fees Required:
a. Metropolitan Council SAC Fee: $4,970.00
b. City Sanitary Sewer Connection Fee: $10,760.00.
c. Park Dedication Fee: $7,925.73.
d. Stormwater and Drainage Trunk Fee: $16,120.
e. Final Plat Application Fee: $550.
10) Payment of the following are required at the time of building permit for Lot 1 and Lot 2, Block
1, Wildhurst Forest, and for 1007 Wildhurst Trail:
a. Sewer Connection Permit: $50.00 per lot (due at the time of individual building permits)
b. Sewer Connection Inspection fee: $100 per lot (due at the time of individual building
permits).
c. 1007 Wildhurst Trail will also be subject to the Metropolitan Council SAC fee at the time
of sewer connection.
11) The City Clerk shall release the plat documents for filing only upon certification by the City
Attorney, Community Development Director, and City Engineer that all requirements of the
platting regulations have been satisfied.
12) The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before
August 14, 2024, together with a certified original copy of this resolution and executed
copies of the easements and covenants pertinent thereto.
13) 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 14th day of August, 2023.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
LOT 2LOT 1BLOCK 1OUTL
O
T
A
SECTION BREAKDOWNSECTION 07, TOWNSHIP 117, RANGE 23NO SCALE0SCALE IN FEET60 30 30 60 120The basis for the bearing system is the north line of the SouthwestQuarter of the Northeast Quarter of the Northwest Quarter ofSection 07, Township 117, Range 23 and is assumed to bear North88 degrees 17 minutes 15 seconds West.Denotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 40344.Denotes a 1/2 inch by 14 inch open pipe found andmarked as shown, unless otherwise labeled.Denotes a Found Cast-Iron-MonumentWILDHURST FORESTNOT TO SCALE1055Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: R.T. DOC. NO._________KNOWN ALL PERSONS BY THESE PRESENTS: That Wendy Williamson, as Personal Representative of the Estate of Christopher D. Morgart, single at the time of death, fee owner of the following described property.That Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin County, Minnesota, EXCEPT that part described as follows:Beginning at the northeast corner of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of said Section 7; thence North 88 degrees 17 minutes 15 seconds West, along the north line of said Southwest Quarter of the NortheastQuarter of the Northwest Quarter of Section 7, a distance of 80.00 feet; thence South 01 degrees 05 minutes 05 seconds West, parallel with the east line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, adistance of 306.69 feet; thence South 88 degrees 17 minutes 15 seconds East, parallel with said north line, a distance of 30.00 feet; thence South 01 degrees 05 minutes 05 seconds West, parallel with said east line, a distance of 160.02 feet; thenceSouth 30 degrees 00 minutes 00 seconds East a distance of 96.84 feet to said east line; thence North 01 degrees 05 minutes 05 seconds East, along said east line, a distance of 549.10 feet to the point of beginning.(Torrens Property)Has caused the same to be surveyed and platted as WILDHURST FOREST and does hereby dedicate to the public for public use the drainage and utility easements as created on this plat.In witness whereof said Wendy Williamson, as Personal Representative of the Estate of Christopher D. Morgart, a single person at the time of death, has hereunto set her hand this _______ day of ______________, 2023.________________________________________ Wendy WilliamsonSTATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me this _______ day of ____________________, 2023, by Wendy Williamson as Personal Representative of the Estate of Christopher D. Morgart.________________________________________ _______________________________________ _____________________________________ Notary Public, Hennepin County Printed Name My Commission ExpiresI, David B. Pemberton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundarysurvey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been or will be correctly set within one year; that all water boundaries and wet lands, as defined byMinnesota Statutes, Section 505.01, Subd, 3, as of the date of this certificate are shown and labeled on this plat, and all public ways are shown and labeled on this plat.Dated this _______ day of __________________________, 2023.___________________________________________David B. Pemberton, Licensed Land SurveyorMinnesota License No. 40344STATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me this ________ day of ___________________________, 2023, by David B. Pemberton________________________________________ _______________________________________ _____________________________________ Notary Public, Hennepin County Printed Name My Commission ExpiresCITY COUNCIL, CITY OF ORONOThis plat of WILDHURST FOREST was approved and accepted by the City of Orono, Minnesota at a regular meeting held this ________ day of ______________________, 2023, and said plat is in compliance with the provisions ofMinnesota Statues, Section 505.03, Subd. 2.City Council, City of Orono, MinnesotaBy:________________________________________, Mayor By:_______________________________________, ClerkRESIDENT AND REAL ESTATE SERVICES, Hennepin County, MinnesotaI hereby certify that taxes payable in 2023 and prior years have been paid for land described on this plat, dated this ________ day of _________________________, 2023.Mark V. Chapin, Hennepin County Auditor By:________________________________________,SURVEY DIVISION, Hennepin County, MinnesotaPursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this ________ day of __________________________, 2023.Chris F. Mavis, Hennepin County Surveyor. By:_______________________________________REGISTRAR OF TITLES, Hennepin County, MinnesotaI hereby certify that the within plat of WILDHURST FOREST was filed in this office this _________ day of _________________________, 2023, at ___________ o'clock ___.M.Amber Bougie, Registrar of Titles By:_______________________________________Bearings and distances in (parenthesis) are perCertificates of Title Number 1560135
LOT 2LOT 1BLOCK 1OUTLOT A
SECTION BREAKDOWNSECTION 07, TOWNSHIP 117, RANGE 23NO SCALE0SCALE IN FEET60 30 30 60 120The basis for the bearing system is the north line of the SouthwestQuarter of the Northeast Quarter of the Northwest Quarter ofSection 07, Township 117, Range 23 and is assumed to bear North88 degrees 17 minutes 15 seconds West.Denotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 40344.Denotes a 1/2 inch by 14 inch open pipe found andmarked as shown, unless otherwise labeled.Denotes a Found Cast-Iron-MonumentWILDHURST FORESTNOT TO SCALE1055Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: R.T. DOC. NO._________KNOWN ALL PERSONS BY THESE PRESENTS: That Wendy Williamson, as Personal Representative of the Estate of Christopher D. Morgart, single at the time of death, fee owner of the following described property.That Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin County, Minnesota, EXCEPT that part described as follows:Beginning at the northeast corner of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of said Section 7; thence North 88 degrees 17 minutes 15 seconds West, along the north line of said Southwest Quarter of the NortheastQuarter of the Northwest Quarter of Section 7, a distance of 80.00 feet; thence South 01 degrees 05 minutes 05 seconds West, parallel with the east line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, adistance of 306.69 feet; thence South 88 degrees 17 minutes 15 seconds East, parallel with said north line, a distance of 30.00 feet; thence South 01 degrees 05 minutes 05 seconds West, parallel with said east line, a distance of 160.02 feet; thenceSouth 30 degrees 00 minutes 00 seconds East a distance of 96.84 feet to said east line; thence North 01 degrees 05 minutes 05 seconds East, along said east line, a distance of 549.10 feet to the point of beginning.(Torrens Property)Has caused the same to be surveyed and platted as WILDHURST FOREST and does hereby dedicate to the public for public use the drainage and utility easements as created on this plat.In witness whereof said Wendy Williamson, as Personal Representative of the Estate of Christopher D. Morgart, a single person at the time of death, has hereunto set her hand this _______ day of ______________, 2023.________________________________________ Wendy WilliamsonSTATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me this _______ day of ____________________, 2023, by Wendy Williamson as Personal Representative of the Estate of Christopher D. Morgart.________________________________________ _______________________________________ _____________________________________ Notary Public, Hennepin County Printed Name My Commission ExpiresI, David B. Pemberton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundarysurvey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been or will be correctly set within one year; that all water boundaries and wet lands, as defined byMinnesota Statutes, Section 505.01, Subd, 3, as of the date of this certificate are shown and labeled on this plat, and all public ways are shown and labeled on this plat.Dated this _______ day of __________________________, 2023.___________________________________________David B. Pemberton, Licensed Land SurveyorMinnesota License No. 40344STATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me this ________ day of ___________________________, 2023, by David B. Pemberton________________________________________ _______________________________________ _____________________________________ Notary Public, Hennepin County Printed Name My Commission ExpiresCITY COUNCIL, CITY OF ORONOThis plat of WILDHURST FOREST was approved and accepted by the City of Orono, Minnesota at a regular meeting held this ________ day of ______________________, 2023, and said plat is in compliance with the provisions ofMinnesota Statues, Section 505.03, Subd. 2.City Council, City of Orono, MinnesotaBy:________________________________________, Mayor By:_______________________________________, ClerkRESIDENT AND REAL ESTATE SERVICES, Hennepin County, MinnesotaI hereby certify that taxes payable in 2023 and prior years have been paid for land described on this plat, dated this ________ day of _________________________, 2023.Mark V. Chapin, Hennepin County Auditor By:________________________________________,SURVEY DIVISION, Hennepin County, MinnesotaPursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this ________ day of __________________________, 2023.Chris F. Mavis, Hennepin County Surveyor. By:_______________________________________REGISTRAR OF TITLES, Hennepin County, MinnesotaI hereby certify that the within plat of WILDHURST FOREST was filed in this office this _________ day of _________________________, 2023, at ___________ o'clock ___.M.Amber Bougie, Registrar of Titles By:_______________________________________Bearings and distances in (parenthesis) are perCertificates of Title Number 1560135
PROJECT : 1003 WILDHURST TRAILPROPOSAL FORMLOCATION : ORONO, MINNESOTA7/31/2023PREPARED FOR : MATT JOHNSONPREPARED BY : SATHRE-BERGQUIST, INC.Estimated Unit BidDescriptionUnitQuantity Price AmountSanitary Sewer -Mobilization - All Utility WorkL.S. 1.00 $10,000.00 $10,000.00Permits & BondsL.S. 1.00 $500.00 $500.00Clear and GrubL.S. 1.00 $9,000.00 $9,000.008" PVC SDR 35 0-15'L.F. 260.00 $65.00 $16,900.00Manhole 0-8'EACH 2.00 $5,500.00 $11,000.00Manhole Extra DepthL.F. 10.80 $500.00 $5,400.00Furnish & Install CastingsEACH 2.00 $750.00 $1,500.008" x 4" Wyes (SCH. 40)EACH 3.00 $350.00 $1,050.004" PVC Risers (SCH. 40)L.F. 0.00 $30.00 $0.004" PVC Service (SCH. 40)EACH 3.00 $2,500.00 $7,500.004" PVC Service Cleanout (SCH. 40) w/ Tracer WireEACH 4.00 $1,250.00 $5,000.00Inground Tracer Wire Access BoxEACH 3.00 $425.00 $1,275.00Service Tracer WireEACH 3.00 $225.00 $675.00Sewer Main Tracer WireL.F. 260.00 $3.00 $780.00Improved Pipe FndtnL.F. 260.00 $10.00 $2,600.00Televise L.F. 260.00 $5.00 $1,300.00Connect to ExistingEACH 1.00 $5,000.00 $5,000.00Sanitary Sewer Total:$79,480.00
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227533v1
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WILDHURST FOREST
Project No. LA 23-000024
This DEVELOPMENT CONTRACT (“Contract”) dated , 2023,
is by and between the CITY OF ORONO, a Minnesota municipal corporation (“City”), and
MATTHEW JOHNSON AND SUSANNE JOHNSON, married to each other (“Developer”).
1.Request for Plat Approval. The Estate of Christopher D. Morgart, single at the time of
death (the “Estate”), has been the fee owner of that certain real property situated in the City of
Orono, County of Hennepin, State of Minnesota, located at 1015 Wildhurst Trail and legally
described as set forth in Exhibit A (the “Property”). The Personal Representative for the Estate,
has asked the City to approve the plat for Wildhurst Forest (the “Plat”). Following recording of
the Plat, the Property will be legally described as follows:
A.Lot 1, Block 1, Wildhurst Forest
B.Lot 2, Block 1, Wildhurst Forest
C.Outlot A, Wildhurst Forest
2.Ownership, Uses of the Property. Following recording of the Plat, the lots within the
Plat will be owned in fee simple title as follows:
A.Lot 1, Block 1, Wildhurst Forest: Developer
B.Lot 2, Block 1, Wildhurst Forest: Developer
C.Outlot A, Wildhurst Forest: Developer.DRAFT
2
227533v1
Lots 1 and 2 each will be improved with a single-family residence, and Outlot A will be used for
access to each of Lot 1 and Lot 2, pursuant to a private driveway and maintenance easement
between Developer and the owner of Lot 2. Together, these uses of the Property are, collectively
the “Project.”
3. Conditions of Plat Approval. The Plat shall adhere to the purpose and intent of the Orono
Community Management Plan, as amended. The City has approved the Plat on condition that
Developer enter into this Contract and furnish the security required by it. Developer must satisfy all
of the conditions precedent to recording the Plat as required by this Contract within 180 days after
the City Council approves the final plat. Promptly after compliance with such conditions precedent
to recording, Developer shall cause the Plat to be duly recorded in the Office of the Registrar of
Titles in and for Hennepin County, Minnesota.
4. Right to Proceed. Within the Property, Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private
improvements, or any buildings until all the following conditions have been satisfied:
A. This Contract, including required consents and a letter of credit written to 150% of the
cost of the proposed site improvements, has been fully executed by both parties and filed
with the City Clerk;
B. The necessary Security, as defined in Section 24 below, has been received by the City;
C. Twenty-four (24) hours after the Plat has been duly recorded in the Office of the
Hennepin County Registrar of Titles;
D. Erosion control is established and the City is in receipt of a final grading plan.
5. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendment to the City’s Comprehensive Plan, or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the Plat unless required by state or federal
law or agreed to in writing by the City and Developer. Thereafter, notwithstanding anything in this
Contract to the contrary, to the full extent permitted by state law, the City may require compliance
with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract with respect to property which did not receive
final plat approval prior to any such amendment.
6. Development Plans. The Plat shall be developed subject to the conditions of preliminary
Plat approval as set forth in Resolution No. 7373 of the Orono City Council, adopted on June 12,
2023, and as provided in the final Plat approval (Resolution No. 7388). The Plat shall be developed
in accordance with Plan A and Plan B identified below, as they hereafter may be amended with the
written consent of Developer and the City Administrator (collectively, as so amended, the “Plans”).
Plan B shall include an erosion control plan, which must also be approved by Minnehaha Creek
Watershed District (“MCWD”). The Resolutions and Plans shall not be attached to this Contract
but shall remain on file with the City at least so long as any of the Property remains subject to the DRAFT
3
227533v1
terms of this Contract. If the Plans vary from the terms of this Contract, the terms of this Contract
shall control. The Plans are:
Plan A – Plat of Wildhurst Forest
Plan B – Plan for Public Sanitary Sewer Extension
7. Improvements.
A. Developer shall install and pay for the following as required to be built in accordance
with the approved Plans (the “Improvements”):
i. Public Sanitary Sewer Extension, described in Section 8 of this Contract
ii. Setting of Iron Monuments
iii. Surveying and Staking
iv. Private access driveway over Outlot A
B. The Improvements shall be installed in accordance with the Plans; the City zoning
code; City standard specifications for utilities construction; and any other ordinances
including those concerning erosion and drainage and any prohibiting grading,
construction activity, and the use of power equipment.
C. Developer shall submit plans and specifications which have been prepared by a
competent registered professional engineer to the City for approval by the City
Engineer. Developer shall instruct its engineer to provide adequate field inspection
personnel to assure an acceptable level of quality control. In addition, the City may, at
the City’s discretion and at Developer’s expense, have one or more City inspectors and
a soil engineer inspect the work as the City may reasonably determine. Developer, its
contractors and subcontractors, shall follow all instructions received from the City’s
inspectors.
D. Developer’s engineer shall provide for on-site project management.
E. Developer’s engineer is responsible for design changes and contract administration
between Developer and Developer’s contractor. Developer or its engineer shall
schedule a pre-construction meeting at a mutually agreeable time at the City Council
chambers with all parties concerned, including the City staff, to review the program for
the construction work.
F. Within thirty (30) days after the completion of the Improvements and before the
Security is released, Developer shall supply the City with a complete set of
reproducible “as constructed” Plans, and an electronic file of the “as constructed” Plans
in an auto CAD file based upon the Hennepin County coordinate system, all prepared
in accordance with City standards.
8. Sewer Extension. As part of the Improvements, Developer shall be responsible, at
Developer’s sole cost and expense, for all aspects of the extension of a public sewer to serve the
Property and other property addressed 1007 Wildhurst Trail owned by the Developer (PID 07-DRAFT
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117-23-21-0007) where future development is planned (the “Sewer Extension”). Developer shall
do all of the following:
A. Obtain design plans for the Sewer Extension, and present the same to the City for
review and approval.
B. Obtain all applicable permits from the Minnesota Pollution Control Agency and
Metropolitan Council Environmental Services.
C. Execute a permanent utility easement for the area legally described in Exhibit B,
granting the City perpetual rights for the public sewer to remain in that location, and
for the City to have rights to enter onto that part of the Property and easement area for
the purpose of maintaining the public improvements located there.
D. Upon approval of the plans by the City and receipt of all applicable permits, construct
the Sewer Extension accordingly.
9. Iron Monuments. In accordance with Minnesota Statutes Section 505.02 and the Orono
City Code, the final placement of iron monuments for all lot corners must be completed before the
Security is released. Developer’s surveyor shall submit a written notice to the City certifying that
the monuments have been installed.
10. Permits. Related to the Project and Improvements, Developer shall obtain, or require its
contractors and subcontractors to obtain, all necessary permits, including but not limited to the
following, to the extent required:
A. MnDNR for Dewatering
B. City of Orono for Building Permits
C. MCWD for erosion control permit and storm water management permit
D. NPDES Permit (National Pollutant Discharge Elimination System) from MPCA
E. MCWD for wetland mitigation permit
11. Dewatering. Due to the variable nature of groundwater levels and stormwater flows,
Developer and Developer’s contractors and subcontractors shall be responsible for satisfying
themselves with regard to the elevation of groundwater in the area and the level of effort needed
to perform dewatering and storm flow routing operations. All dewatering shall be in accordance
with all applicable county, state, and federal rules and regulations. DNR regulations regarding
appropriations permits shall also be strictly followed.
12. Time of Performance. Developer shall complete all Improvements as contemplated by
Sections 7 and 8 of this Contract and the approved Plans by within 12 months of the effective date
of this Contract. Developer may, however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the security posted by Developer to reflect
cost increases and the extended completion date. The City will not issue building permits for the
Property or for 1007 Wildhurst Trail (PID 07-117-23-21-0007) until the Sewer Extension is
complete. DRAFT
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13. License. Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the Property to perform all work and inspections deemed appropriate by the City
in conjunction with development of the Property.
14. Claims. In the event that the City received claims from labor, material, or others that work
required by this Contract has been performed, the sums due them have not been paid, and the
laborers, material, or others are seeking payment from the City, Developer hereby authorizes the
City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure
for the District Courts, to draw upon the letters of credit in an amount up to 125 percent (125%)
of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit,
Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains
to the letters of credit deposited with the District Court, except that the Court shall retain
jurisdiction to determine attorneys’ fees pursuant to this Contract.
15. Erosion Control. The City will not issue permits for construction of the Improvements,
Sewer Extension, or construction of the private driveway over Outlot A, until Developer has
submitted Plan B, including any applicable erosion control measures, and the same have been
implemented by Developer and inspected and approved as being compliant by the City. The City
may impose additional erosion control requirements if reasonably required in the City’s sole
discretion. All areas disturbed by excavation and backfilling operations shall be reseeded within five
(5) days after the completion of the work, weather permitting, or in an area that is inactive for more
than ten (10) days unless authorized and approved by the City Engineer. Seed shall be in accordance
with the City’s current seeding specification which may include certified oat seed to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and
disc anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify Developer in advance of any
proposed action, but failure of the City to do so will not affect Developer’s and City’s rights or
obligations hereunder. If Developer does not reimburse the City for any cost the City incurred for
such work within ten (10) days, the City may draw down the Security to pay any costs.
16. Clean Up. Developer shall clean dirt and debris from streets that has resulted from
construction work by Developer, builders, subcontractors, their agents or assigns. Prior to any
construction on the Land, Developer shall identify in writing a responsible party and schedule for
erosion control, street cleaning, and street sweeping.
17. Construction and Maintenance of Improvements. Developer shall construct the
Improvements as enumerated in Sections 7 and 8 of this Contract. Upon completion of the
Improvements, the City shall inspect the Improvements and notify Developer if any of the
Improvements do not conform to the requirements of this Contract. Upon satisfactory completion
of the public sanitary sewer extension, the City Council shall formally accept said sewer as public
and will thenceforth own and maintain said sewer extension. At the request of Developer, upon
expiration of all warranties and completion of the Improvements in conformance to the requirements DRAFT
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of the Contract, as determined by the City, the City will execute a recordable certificate of completion
confirming such completion and release of the Land from provisions of this Contract relating thereto.
18. City Engineering Administration and Construction Observation. Developer shall pay
a fee for engineering administration. City engineering administration will include monitoring of
construction observation, consultation with Developer and its engineer on status or problems
regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in the Security. Fees for this service
shall be at standard hourly rates. These fees shall be billed monthly.
19. Storm Water and Drainage Trunk Fee. The Property is subject to a Storm Water and
Drainage Trunk Fee of $8,060.00 per lot, for a total of $16,120.00. (2 lots x $8,060.00 =
$16,120.00)
20. Park Dedication Fee. The Property is subject to a Park Dedication Fee of $7,925.73 for
one new lot. (1 lot x $7,925.73 = $7,925.73)
21. Sanitary Sewer Charges. The Project is subject to Sanitary Sewer Charges totaling
$15,730.00, based on the 2023 Orono Fee Schedule, as follows:
A. Metropolitan Council SAC Fee: $2,485.00 per lot (due at the time of Final Plat)
($4,970.00)
B. Connection Permit: $50.00 per lot (due at the time of individual building permits)
C. Connection Inspection fee: $100 per lot (due at the time of individual building permits)
D. Connection Fee: $5,380.00 per lot due at the time of Final Plat) ($10,760.00).
22. Final Plat Fee. The Project is subject to a Final Plat fee of $550.00, based on the 2023
Orono Fee Schedule. The City acknowledges that Developer has already paid $500.00 of this fee.
23. Landscaping. No landscaping plan is associated with this Plat.
24. Summary of Security Requirements. The terms of this Contract, payment of the costs
of all Improvements and construction of all Improvements, the Developer shall furnish the City
with security in form acceptable to the city attached hereto as Exhibit C (the "security"), equal in
amount to 150% of the cost of the Improvements, including any required landscaping. The amount
of the security shall be $119,220.00. The amount of the security includes all of the security
requirements set forth in this Contract, and was calculated as follows:
Construction Costs:
Sanitary Sewer Installation = $79,4800.00
Total Security (Construction Costs x 150%) = $119,220.00
The bank shall be subject to the approval of the City Administrator. The City may draw down the
security, upon five (5) business days' prior written notice to Developer, for any violation of the
terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default.
If the Improvements are not completed at least thirty (30) days prior to the expiration of the DRAFT
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security, the City may also draw it down. If the security is drawn down, the proceeds shall be used
to cure the default. Upon receipt of proof satisfactory to the City that work has been completed
and financial obligations to the City have been satisfied, with City approval the security may be
reduced from time to time by ninety percent (90%) of the financial obligations that have been
satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved
by City's Engineer, shall be retained as security until all Improvements have been completed, all
financial obligations to the City satisfied, the required "as constructed" Plans have been received
by the City, a warranty security is provided, and the public Improvements are accepted by the City
Council. The City standard specifications for utilities and street construction outline procedures
for security reductions.
25. Summary of Cash Requirements. The following is a summary of the cash requirements
and fees due under this Contract, which must be paid in cash at the time of Final Plat approval:
Storm Water and Drainage Trunk Fee $16,120.00
Park Dedication Fee $7,925.73
Sanitary Sewer Charges $15,730.00
Final Plat Fee (remaining balance) $50.00
Total: $39,825.73
26. Warranty. Developer warrants all Improvements against poor material and faulty
workmanship. The warranty period for streets is one year. The warranty period for underground
utilities is two years and shall commence following completion and acceptance by the City Council.
The one year warranty period on streets shall commence after the final wear course has been installed
and accepted by the City Council as documented in official City minutes. Developer shall post a
maintenance bond, letter of credit or cash deposit (the “Maintenance Security”) in an amount
reasonably determined by the City Engineer. The City Engineer shall examine the condition of the
Improvements when determining the amount of the Maintenance Security. The City shall retain ten
percent (10%) of the Security until the Maintenance Security is furnished the City or until the
warranty period expires, whichever first occurs. The retainage may be used to pay for warranty
work. The City standard specifications for utilities and street construction identify the procedures for
final acceptance of streets and utilities.
27. Responsibility for Costs.
A. Except as otherwise specified herein, Developer shall pay all costs incurred by it or the
City in conjunction with the development of the Land, including but not limited to
Minnehaha Creek Watershed District charges, legal, planning, engineering and
inspection expenses incurred in connection with approval and acceptance of the Plat, the
preparation of this Contract, review of construction plans and documents, and all costs
and expenses incurred by the City in monitoring and inspecting development of the
Project.
B. Developer shall hold the City and its officers, employees, and agents harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting
from Plat approval and development of the Project. Developer shall defend and DRAFT
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indemnify the City and its officers, employees, and agents against any claims arising out
of or related to the Plat, including all approvals and permits issued as a result of the Plat,
and for all costs, damages, or expenses which the City may pay or incur in consequence
of such claims, including attorneys’ fees.
C. Developer shall reimburse the City for reasonable costs incurred in the enforcement of
this Contract, including engineering and attorneys’ fees.
D. Developer shall pay, or cause to be paid when due, and in any event before any penalty
is attached, all special assessments referred to in this Contract. This is an obligation of
Developer and shall continue in full force and effect even if Developer sells one or more
lots, the Land, or any part of it.
E. Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt development and construction of the Project until the bills are paid in
full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent
(8%) per year.
F. In addition to the charges and special assessments referred to herein, other charges as
required by City ordinance or via other agencies for which City acts as agent may be
imposed such as, but not limited to, connection charges and building permit fees.
28. Developer’s Default. In the event of default by Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and Developer shall
promptly reimburse the City for any expense incurred by the City, provided Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-
eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary
for the City to seek a Court order for permission to enter the Project. When the City does any such
work, the City may, in addition to its other remedies, assess the cost in whole or in part against any
portion of the Land owned by Developer or any successor in interest to Developer.
29. Miscellaneous.
A. Developer represents to the City that the Plat complies with all city, county, state, and
federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances, and environmental regulations. If the City determines that the Plat does not
comply, the City may, at its option, refuse to allow construction or development work on
the Project until Developer does comply. Upon the City’s demand, Developer shall cease
work until there is compliance.
B. Third parties shall have no recourse against the City or Developer under this Contract.
C. Breach of the terms of this Contract by Developer shall be grounds for denial of building
permits, including those for lots sold to third parties.
DRAFT
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D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract
is for any reason held invalid, such decision shall not affect the validity of the remaining
portions of this Contract.
E. If building permits are issued prior to the completion of all Improvements, Developer
assumes all liability and costs resulting in delays in completion of Improvements and
damage to Improvements caused by the City, Developer, its contractors, subcontractors,
material suppliers, employees, agents, or third parties. No sewer and water connection
permits may be until the Sewer Extension is complete.
F. In addition to the charges referred to herein, other charges may be imposed such as, but
not limited to, sewer availability charges, sewer connection charges, and building permit
fees.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City’s
failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
H. This Contract shall run with the Land and may be recorded against the Land. Developer
covenants with the City, its successors and assigns, that Developer is well seized in fee
title of the Land and/or has obtained consents to this Contract, in the form attached hereto,
from all parties who have an interest in the Land; that there are no unrecorded interests
in the Land; and that Developer will indemnify and hold the City harmless for any breach
of the foregoing covenants.
I. Each right, power or remedy herein conferred upon the City is cumulative and in addition
to every other right, power or remedy, express or implied, now or hereafter arising,
available to the City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and
shall not be a waiver of the right to exercise at any time thereafter any other right, power
or remedy.
J. Developer may not assign this Contract without the written permission of the City
Council. Developer’s obligations hereunder shall continue in full force and effect even
if Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request,
the City shall provide, in recordable form, a release of any lot in the Plat from this
Development Contract if the City determines that the terms and conditions of this
Contract have been satisfied.
K. Developer shall be responsible for all snow removal from vacant lots to the extent that
City Ordinance requires snow removal. Developer shall be responsible for ensuring
that all vacant lots comply with the City’s Code regarding nuisances.
DRAFT
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L. Should Developer convey any lot or lots in the Project to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city
approvals or agreements for development or use of those lots without the approval or
consent of Developer or other lot owners in the Project. Private agreements between
the owners of lots within the Project for shared service or access and related matters
necessary for the efficient use of the Project shall be the responsibility of the lot owners
and shall not bind or restrict City authority to approve applications from any lot owner
in the Project.
30. Notices. Required notices to Developer shall be in writing, and shall be either hand delivered
to Developer, its employees or agents, or mailed to Developer by certified mail at the following
address: Matthew and Susanne Johnson, 1003 Wildhurst Trail, Mound, Minnesota 55364. Notices
to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed
to the City by certified mail in care of the City Administrator at the following address: Orono City
Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to which
notices to such party thereafter shall be given, by providing to the other party notice of such change.
31. Partial Release of Contract. At the request of Developer, upon expiration of warranties,
completion and satisfaction of requirements of the Contract, as determined by the City, the City will
execute a recordable certificate of completion confirming such completion and release of the Land
from provisions of this Contract relating thereto. Developer may request partial release of the
Contract. The City, when Developer requests such a release, may require as a condition thereof that
Developer memorialize any remaining unsatisfied obligations hereunder pursuant to a recorded
declaration or an amendment to a previously recorded declaration.
32. Incorporation of Exhibits. The Exhibits attached to this Contract are true and correct, and
are incorporated into this Contract.
[Signature pages follow] DRAFT
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CITY:
CITY OF ORONO
By: _____________________________________
Dennis Walsh, Mayor
(SEAL)
By: _____________________________________
Adam Edwards, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2023, by Dennis Walsh and by Adam Edwards, respectively, the Mayor and
City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
_______________________________________
Notary Public
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DEVELOPER:
MATTHEW AND SUSANNE JOHNSON
_____________________________________
Matthew Johnson
_____________________________________
Susanne Johnson
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of ____________,
2023, by Matthew Johnson and Susanne Johnson, married to each other, as Developer under the
Development Contract set forth above.
_______________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
SMM/AKLS
DRAFT
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MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
________________________________, which holds a mortgage on the subject property,
the development of which is governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2023.
_______________________________________
By: ______________________________________
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of
____________________, _____, by __________________________________ the
______________________________ of ______________________________, on its behalf.
________________________________________
Notary Public
DRAFTED BY:
_____________________
_____________________
_____________________
_____________________
Telephone: (___) ___ - ____
DRAFT
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Exhibit A
Legal Description of the Property Prior to Plat
That Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township
117, Range 23, Hennepin County, Minnesota, EXCEPT that part described as follows:
Beginning at the northeast corner of said Southwest Quarter of the Northeast Quarter of the
Northwest Quarter of said Section 7; thence North 88 degrees 17 minutes 15 seconds West, along
the north line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, a distance of 80.00 feet; thence South 01 degrees 05 minutes 05 seconds West, parallel
with the east line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, a distance of 306.69 feet; thence South 88 degrees 17 minutes 15 seconds East, parallel
with said north line, a distance of 30.00 feet; thence South 01 degrees 05 minutes 05 seconds West,
parallel with said east line, a distance of 160.02 feet; thence South 30 degrees 00 minutes 00
seconds East a distance of 96.84 feet to said east line; thence North 01 degrees 05 minutes 05
seconds East, along said east line, a distance of 549.10 feet to the point of beginning.
(Torrens Property)
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Exhibit B
Legal Description of the Sewer Extension Easement
A 20.00 foot wide utility easement over, under and across that part of the following parcel:
The West 1/2 of Lots 8, 9, 10, 11, 12, 13 and 14, Block 1;
All of Block 3
The West 1/2 of Lots 1 and 2, and all of Lots 9 to 16 inclusive, Block 4 and
That part of the West 1/2 of Lots 3 to 8, inclusive, Except that part of the Southerly 220 feet
of said Lots lying Northeasterly of the following described line: Commencing at a point in the
center of the South line of Lot 8; thence to a point on the West line of Lot 3, said point measured
220 feet North from the South line of Block 4,
All in Mount Home Park.
Together with:
Those parts of Lafayette Avenue, Grandview Place, Hattie Place and the Alley in Blocks 3 and
4, as dedicated to the public in the plat of Mount Home Park described as follows:
Those parts of Hattie Place lying east of the east line of the Southwest Quarter of the Northeast
Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin County,
Minnesota; south of the south line of Lafayette Avenue and north of the north line of Oak Glen
Avenue (now known as Wildhurst Trail)
Those parts of LaFayette Avenue lying east of the east line of the Southwest Quarter of the
Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin
County, Minnesota and west of the northerly extension of the east line of the west 1/2 of Lots
8-14, Block 1, Mount Home Park.
Those parts of Grandview Place lying south of the south line of Lafayette Avenue and north
of a line drawn from the southwest corner of Lot 8, Block 1 to the southeast corner of Lot 7,
Block 3, all in Mount Home Park.
Those parts of the Alley in the middle of Blocks 3 and 4 lying south of the south line of
Lafayette Avenue and north of the north line of Oak Glen Avenue (now known as Wildhurst
Trail).
And
That part of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section
7, Township 117, Range 23, Hennepin County, Minnesota, described as follows:
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Beginning at the northeast corner of said Southwest Quarter of the Northeast Quarter of the
Northwest Quarter of said Section 7; thence North 88 degrees 17 minutes 15 seconds West,
along the north line of said Southwest Quarter of the Northeast Quarter of the Northwest
Quarter of Section 7, a distance of 80.00 feet; thence South 01 degrees 05 minutes 05 seconds
West, parallel with the east line of said Southwest Quarter of the Northeast Quarter of the
Northwest Quarter of Section 7, a distance of 150.00 feet to a point hereinafter referred to as
Point “A”; thence continuing along the last described line a distance of 156.69 feet; thence
South 88 degrees 17 minutes 15 seconds East, parallel with said north line, a distance of 30.00
feet; thence South 01 degrees 05 minutes 05 seconds West, parallel with said east line, a
distance of 160.02 feet; thence South 30 degrees 00 minutes 00 seconds East a distance of
96.84 feet to said east line; thence North 01 degrees 05 minutes 05 seconds East, along said
east line, a distance of 549.10 feet to the point of beginning.
Described as lying south of the following line:
Beginning at the aformentioned Point “A”; thence South 88 degrees 17 minutes, 15 seconds
East, parallel to said north line of said Southwest Quarter of the Northeast Quarter of the
Northwest Quarter of said Section 7 a distance of 509.02 feet to the east line of said West Half
of said Lots 8 through 14, Block 1, Mount Home Park and there terminating.
Said easement is described as lying westerly and southerly of and parallel to a line which
commences at the southwest corner of the above described parcel; thence South 88 degrees 25
minutes 22 seconds along the south line of said parcel, a distance of 40.15 feet to the point of
beginning of the line to be described. Thence North 03 degrees 44 minutes 51 seconds East a
distance of 145.38 feet; thence North 78 degrees 39 minutes 22 seconds West a distance of 98.4 7
feet to the west line of said parcel and there terminating. The south line of said easement is to be
prolonged or shortened to terminate at said southerly and westerly lines.
Easement Area: 4,358 sq. ft.
DRAFT
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EXHIBIT C
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Orono
2750 Kelley Parkway
Orono, Minnesota 55356
Dear Sir or Madam:
We hereby issue, for the account of ___________________________________ and in your favor, our
Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, “Drawn under Letter of Credit No. ________, dated _____________, 2______, of (Name
of Bank) ”;
b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying
that _________________________________is in default of the Development Contract with the City of Orono and that
five (5) business days prior written notice has been given by the City to Developer with respect to the existence of such
default, and such default has not been cured.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days
prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the
Orono City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective
if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next
annual renewal date addressed as follows: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway, Orono,
Minnesota 55356, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This
Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this
Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 600. This agreement shall be construed and
interpreted under Minnesota Law.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY: ____________________________________
Its ______________________________ DRAFT
v,Qfv.CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
l G- NO. 7373
kESH0V-
A RESOLUTION
APPROVING A PRELIMINARY PLAT
OF THE PROPERTY ADDRESSED:
1015 WILDHURST TRAIL/ PID# 07-117-23-21-0002
FILE NO. LA23-000011
WHEREAS, on March 21, 2023, Matthew Johnson (hereinafter the"Developer")who has interest in
the property, applied for preliminary plat approval pursuant to the City Code for the property addressed
1015 Wildhurst Trail and legally described as:
That part of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, Township 117, Range 23, Hennepin County, Minnesota, described as follows:
Beginning at the northeast corner of said Southwest Quarter of the Northeast Quarter of the
Northwest Quarter of said Section 7; thence North 88 degrees 17 minutes 15 seconds West, along
the north line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, a distance of 80.00 feet;thence South 01 degrees 05 minutes 05 seconds West, parallel
with the east line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 7, a distance of 306.69 feet; thence South 88 degrees 17 minutes 15 seconds East, parallel
with said north line, a distance of 30.00 feet;thence South 01 degrees 05 minutes 05 seconds
West, parallel with said east line, a distance of 160.02 feet; thence South 30 degrees 00 minutes 00
seconds East a distance of 96.84 feet to said east line;thence North 01 degrees 05 minutes 05
seconds East, along said east line, a distance of 549.10 feet to the point of beginning. Hennepin
County, Minnesota (hereinafter the"Property");
WHEREAS, the Developer made an application to create two buildable lots and one access outlot
from the Property; and
WHEREAS, on May 15, 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 May 15, 2023, the Planning Commission recommended approval of the
preliminary plat as applied; and
WHEREAS, on June 12, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that on June 12, 2023, the City Council of Orono
Minnesota hereby grants preliminary plat approval preliminary plat approval to create a two-lot
1
LOT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
l
NO. 7373
subdivision including one new buildable lot, and one access outlot based on one or more of the following
findings of fact concerning the Property:
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all
minutes from the above-mentioned meetings, and any and all other materials distributed at these
meetings are hereby incorporated by reference.
A2. The Property contains 9.29 acres in area.
A3. The Property is guided for Rural Density Residential in the 2040 Community Management Plan.
A4. Access to the Property is via the existing Wildhurst Trail, a public street.
A5. The Property is located in the RR-1 B One Family Rural Residential Zoning District.
A6. The proposed Lots meet the dimensional standards and setbacks established for the RR-1 B
district.
A7. The Property will be subdivided into two (2) buildable lots and an access outlot. The subdivision
is proposed as a Front Lot/Back Lot subdivision. Both lots conform to the size requirements of
the City Code.
A8. Both Lots are proposed to be served via a private shared driveway within an outlot accessing off
of Wildhurst Trail. A Private Driveway Access Easement should be established for each of
proposed Lots; a Maintenance Agreement for the private driveway should also be provided by
the Developer. According to Orono Code, a maximum of two lots can be served via a private
driveway.
A9. The Conservation Design Report by Kjolhaug Environmental Services dated 04/04/2023
provides an overview of the natural site characteristics. The plan outlines the Developer's intent
to protect significant tree stands; the removal of dead or diseased trees will be done on an as-
needed basis. The goal of the development scope is to minimize density, tree removal, and
clearing.
A10. The Developer has not provided a grading plan. The grading plan for the private driveway will
be required at the time of the first building permit on either of the Lots. Grading plans for the
individual lots will be developed and submitted individually with the construction permits for the
new homes on each Lot. The grading plans shall manage stormwater on site without negatively
impacting adjacent parcels. The Developer shall coordinate with the Minnehaha Creek
2
g0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
11110,4, NO. 7373`
kFs H
Watershed District (hereinafter the "MCWD") and provide confirmation to the City regarding the
permits or approvals they will require for this subdivision.
A11. The Property is within Tier 3 of the City's Stormwater Quality Overlay District limiting total site
hardcover to 35% of the lot area. As each of the lots exceed 1.99 acres in area there is no limit on
overall structural coverage.
Al2. The Parks, Open Space, and Trail chapter of the Orono Comprehensive Plan does not specify
the need for a neighborhood park or a trail at this location which would specifically require
dedication of land from the Property. Saga Hill Park Preserve is connected to Wildhurst Trail via
an undeveloped right-of-way.
A13. In considering this application for preliminary plat, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed plat upon the health,
safety and welfare of the community, existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area.
CONCLUSIONS, ORDER AND CONDITIONS:
NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the
Orono City Council hereby grants Preliminary Plat Approval to allow subdivision of the Property into two
buildable lots and one access outlot, as depicted on the preliminary plat drawing dated March 21, 2023
prepared by David B. Pemberton, attached as Exhibit A, subject to the following conditions:
B1.Council approval is based on the entire record, above Findings.
B2.Any amendments to the plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
B3.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.
B4.Approval is subject to MCWD approval and permits as required. Final Rat approval shall not be
granted until the Developer has provided evidence that all required MCWD permits have been
obtained.
B5.Approval is subject to the recommendations of the City Engineer and any forthcoming comments
as may be warranted including but not limited to the following:
3
VpAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7373
a. The applicable general engineering comments and or conditions provided by City's
consulting Engineer dated May 4, 2023 attached hereto as Exhibit B shall be suitably
addressed by Developer in the development plan submittal.
b. Connection to the municipal sanitary sewer system is available from Wildhurst Trail.
These lots should be required to connect to this system, in lieu of using on-site septic
systems. A manhole installed for 1003 Wildhurst Trail may facilitate a short distance to
connect to the system. Approval by the City Engineer of the connection point and any
necessary permits for the sanitary sewer system.
c. Connection of the driveway serving the two new lots will need to be reviewed in relation
to the existing driveway for 1003 Wildhurst Trail.
d. Wildhurst Trail was improved in 2018. Connection of the new driveway will need to be
coordinated with the current drainage layout.
e. All required Drainage and Utility Easements must be provided on the Plat.
B6.Permits Required.
a. Grading and Right-of-Way permits are required prior to construction of the shared
driveway in Outlot A.
b. Individual Sanitary Sewer Connection permits, at the time of building permits.
c. MCWD Erosion Control and Stormwater Management permits, if applicable.
B7.Prior to commencement of any construction, the construction limits shall be clearly marked with
adequate fencing to prevent any construction damage or disturbance of any trees and vegetation
outside of the construction limits area. Developer shall identify trees to be preserved on site,
shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage,
etc. to ensure they are not disturbed.
B8.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.
B9.Easements Required.
a. Drainage and Utility Easements shall be dedicated to the public on the Final Plat as
follows:
i. Over all of Outlot A.
ii. 10' along all exterior property lines, and 5' either side of interior property lines,
except such easements shall be increased to accommodate drainage and utilities
where required, subject to City staff approval.
iii. Over the entire sanitary main serving multiple lots.
4
1..0AT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
l C NO. 7373
4KESH0T-
iv. Over all pipes, swales, and ditches providing a drainage path for multiple
properties.
b. A Drainage Easement shall be granted over all wetlands, creeks, and buffers on the
Property.
c. Driveway Easement and Maintenance Agreements.
B10. Upon evidence of resettlement history, the Developer shall cease all activity and contact the
City and the State Historical Preservation Office prior to proceeding.
B11. Development Fees are based on the 2023 Fee Schedule:
a. Stormwater and Drainage Trunk Fee: $8,060.00 per lot in a 2-acre zone. SWDT Fee due
8,060 x 2 lots = $16,120.00.
b. Park Dedication Fee: [$7,925.73 x 1 new lot] = $7,925.73.
B12. Plans and Specifications. The following plans and specifications shall be submitted for review
and approval by the City and other appropriate jurisdictions prior to final plat approval, to ensure
that the proposed plat will accomplish the intended purposes:
a. Final grading, drainage and erosion control plan showing existing and proposed contours,
anticipated building locations, elevations, stormwater facilities and calculations, utilities
and erosion control measures to be used during construction. Final Plat Approval will not
be granted until the MCWD has approved the stormwater management plans.
b. Final sanitary sewer plans.
c. Final stormwater management plan, if applicable.
d. Final stormwater pollution prevention plan (SWPPP), if applicable.
e. Final plans for installation of the development identification monument sign, if applicable.
A separate Sign Permit is required prior to installation.
f. Sufficient detail to meet the recommendations of the City Engineer.
B13. Developer shall execute a Developer's Agreement for construction of improvements on the
Property to ensure all site improvements are installed to the City's specifications and satisfaction.
Said Developer's Agreement may contain additional conditions not noted in this Preliminary Plat
Approval resolution.
a. No land alterations can take place until erosion control is established and the City is in
receipt of a final grading.
b. No improvements can begin until the City Engineer has approved all improvement plans.
c. No improvements can begin until 24 hours after the Plat has been recorded with
Hennepin County.
d. A Letter of Credit must accompany a fully executed Developer's Agreement written to
150% of the cost of the proposed site improvements.
5
iWAT
CITYNo. 7
OF
373
ORONO
RESOLUTION OF THE CITY COUNCIL
c
4kESHO'iL`"
e. No building permits will be issued for individual lots until the sewer utility work has been
installed and inspected and all drainage facilities and improvements have been installed
and inspected.
B14. A pre-construction meeting shall be required at least 48 hours prior to commencement of any
utility or development site work on the Property to be coordinated by the Developer.
B15. Council approval is based on the entire record, above Findings. Any amendments to the plans
which are not in conformity with City codes may require further Planning Commission and City
Council review.
B16. Authorities granted by this resolution run with the Property not with the owners, but are
permissive only and must be exercised by filing a Final Plat application within one year of the
date of Council approval, or the preliminary plat approvals will expire on that date (June 12,
2024). If Final Plat approval is not granted by that date, the terms and conditions of this
resolution shall be null and void. The City Council at its sole discretion may extend the effective
period of the preliminary plat.
FINAL SUBMITTALS:
Developer shall complete all requirements for Final Plat Approval as follows. The following list of final
submittals must be submitted to the Planning Department at least four (4) weeks prior to the regularly
scheduled Council meeting held on the second and fourth Mondays of the month. These submittals are
as follows:
Cl.Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the
City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A
scalable digital copy is also required. Drawing to include:
a. Lot lines platted per preliminary plat survey/drawing by David B. Pemberton dated March
21, 2023 attached hereto as Exhibit A, except as modified herein.
b. Dedication of "Drainage and Utility Easements" 10' wide along exterior property lines and
5' wide along the interior property lines.
c. Dedication of"Drainage and Utility Easements"20-feet wide centered over the sewer main.
d. Dedication of "Drainage Easements" over the wetlands and drainageways and all pipes,
swales, and ditches providing a drainage path for multiple properties.
e. Dedication of"Drainage and Utility Easements" over all of Outlot A.
6
gpATCITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7373tri\j1111L
kEsxav-
f. Name of plat.
C2.Legal documents required:
a. Title opinion addressed to the City or a title insurance policy in favor of the City issued no
more than 60-days prior to the date of Final Plat approval. All owners, mortgage holders or
others with property interest indicated therein shall sign the plat and all other documents
affected by such interest.
b. The Developer must provide certified copies of all recorded easements currently affecting
the Property.
c. Signed Developers Agreement.
d. Signed Private Driveway Easement and Maintenance Agreement.
C3.Financial Guarantee. The Developer shall submit a final plat review escrow in the amount of
2,500.00 with the Final Plat application.
Additionally, the Developer's Agreement shall include a financial guarantee by the Developer to
ensure the completion of site improvements. The Developer's engineer shall complete an estimate
of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion
control, utilities, driveways and stormwater management facility construction which the City's
Engineer will verify. The Developer shall provide to the City a financial guarantee of 150% of the
improvement costs.
C4.Plat approval fees to be paid: Total due: $22,170.00
a. Final plat fee: $500.00.
b. Park Dedication Fee: $7,925.73.
c. Stormwater and Drainage Trunk Fee: $16,120.00.
d. Sanitary Sewer(based on the 2023 Fee Schedule): $15,730
i. Met Council SAC Fee: $2,485 per lot due at the time of Final Plat.
ii. Connection Permit: $50 per lot (due at the time of individual building permits).
iii. Connection Inspection Fee: $100 per lot (due at the time of individual building
permits).
iv. Connection Fee: $5,380 per lot due at the time of Final Plat.
7
v0k CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7373
t"'
Qs i-i oR``
C5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in
the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 12th day of June, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTEST:
Anna Carlson, City Clerk
8
GWILDHURST TR.HIGHVIEW LA.(
AGENDA ITEM
Prepared By: RJO Reviewed By: A.Carlson Approved By:
1.Purpose. The purpose of this item is to provide the Council with year-to-date General Fund Budget
Information. This is for informational purposes only and no action is required.
COUNCIL ACTION REQUESTED
No Action is required.
Exhibits
A.2nd Quarter Budget Memo
Item No.: 17 Date: August 14, 2023
Item Description: First Quarter Financial Report
Presenter: Ron Olson
Finance Director
Agenda
Section:
Finance Director
Report
To: Mayor and Council
From: Ron Olson, Finance Director
Subject: Budget Update
Date: August 14, 2023
Attachments:
1. Revenue Summary
2.Revenue Detail
3.Revenue Graphs/Tables
4. Expenditure Summary
5. Expenditure Detail
The second quarter General Fund year to date budget to actual comparisons are included with
this memo. They are as of the end of March which represents 50.0% of the year. Revenues are
currently at 56.8% of budget with expenditures at 50.8% of budget.
General Fund Revenues
Revenues are on target to finish the year at budgeted levels. The largest General Fund revenue is
the property tax levy representing 51.5% of the revenue budget. Tax collections are at 50% and
should finish the year at 100% of budget. Charges for service are currently at 72.5% of budget,
this revenue line will also finish the year at 100% of budget. Other Governmental is only at
33.7% at this time, but Police State Aid is not received until October; this category will likely be
at budget by year end. The Golf Course is at 51.7% with two of the season’s busiest months
left. It is on pace to set a record for revenues. A revenue graph is included with this memo to
illustrate revenue timing.
General Fund Expenditures
At 56.8%, the overall expenditure amounts are running a little high at this point of the year.
Wages for the first week of July are included in the data so there is an extra week of wage
expenditures being reported. There a few departments that are tracking over budget. The first is
Mayor Council. The department is currently at 60.9% for the year. Most of this is due to the
fact that memberships in organizations like the League of Minnesota Cities and the Suburban
Rate Authority are already paid in full for the year. However, additional training expenditures
will bring the department over budget for the year. The Fire Department will finish the year over
budget, some of this is due to costs of standing up the Orono Fire Department. A majority will
be from the $46,000 overage in last year’s LL Fire budget. Engineering is already over budget
for the year as GIS expenditures continue to be higher than budgeted. Because this is a small
department, it will not have a major impact on the overall budget.
Four other departments are trending over budget and this time and exceed budget at year end.
One of the departments is Law and Legal services which is being driven over budget by an
unusual number of lawsuits. Central Service is also trending over budget and will need to be
watched closely the rest of the year. Public Works – SP has had a change in the allocation of
payroll so it will likely exceed budget. The expenses in this department are offset by revenues.
Special Services is another department that is running high but also has offsetting revenues
associated with the expenditures.
Summary
Revenues through June are in excellent shape. While there are some departments that will
exceed budget for the year, the overall expenditures are tracking to be on budget for the year.
When the additional revues that are associated with some of the exceedances are recognized, it is
clear that the year-to-date General Fund budget is in good condition.
Department June 30 Budget Percent Dec 31 Percent June 30 Budget Balance Percent
Taxes 2,600,000 5,013,596 51.86% 4,771,745 95.18% 2,880,979 5,664,500 2,783,521 50.86%
Licenses & Permits 320,938 585,200 54.84% 761,902 130.20% 321,885 585,200 263,315 55.00%
Other Governmental 64,731 403,000 16.06% 522,999 129.78% 135,675 403,000 267,325 33.67%
Charges for Service 2,686,386 3,440,200 78.09% 3,664,635 106.52% 2,663,885 3,674,270 1,010,385 72.50%
Fines 30,231 75,000 40.31% 66,570 88.76% 30,273 80,000 49,727 37.84%
Miscellaneous 5 2,000 0.24% 14 0.70%9 - (9) NA
Golf Course 154,087 338,000 45.59% 382,307 113.11% 194,857 377,000 182,143 51.69%
Interest 287 80,500 0.36% 70,500 87.58%152 160,900 160,748 0.09%
Other Sources & Transfers 6,089 38,100 15.98% (40,877) -107.29% 11,436 48,400 36,964 23.63%
5,862,753 9,975,596 58.77% 10,199,796 102.25% 6,239,151 10,993,270 4,754,119 56.75%
AnnualQuarter
City of Orono
Revenue Summary with Comparison to Budget
For The 6 Months Ending June 30, 2022 - 23
2022 2023
Attachment 1 Revenue Summary
CITY OF ORONO
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2023
GENERAL FUND
PERIOD JUNE 30, 2023 BUDGET UNEARNED PCNT
FOR ADMINISTRATION USE ONLY 50 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:18PM PAGE: 1
TAXES
101-31010 CURRENT AD VALOREM TAXES 2,880,978.72 2,880,978.72 5,641,000.00 2,760,021.28 51.1
101-31020 DELINQUENT AD VALOREM TAXES .00 .00 20,000.00 20,000.00 .0
101-31040 FISCAL DISPARITIES .00 .00 .00 .00 .0
101-31050 PERSONAL PROPERTY TAX .00 .00 .00 .00 .0
101-31060 FORFEITED TAX SALE APPORTIONMT .00 .00 .00 .00 .0
101-31070 RENT CREDIT .00 .00 .00 .00 .0
101-31900 PENALTIES AND INTEREST-TAXES .00 .00 3,500.00 3,500.00 .0
TOTAL TAXES 2,880,978.72 2,880,978.72 5,664,500.00 2,783,521.28 50.9
LICENSES & PERMITS
101-32100 BUSINESS LICENSES .00 .00 .00 .00 .0
101-32110 BEER & LIQUOR LICENSES 125.00 125.00 7,100.00 6,975.00 1.8
101-32120 CIGARETTE LICENSES 500.00 500.00 500.00 .00 100.0
101-32130 COMMERCIAL DOCK LICENSES .00 .00 .00 .00 .0
101-32140 SET UP LICENSES .00 .00 .00 .00 .0
101-32150 SEPTIC LICENSES .00 .00 .00 .00 .0
101-32170 GARBAGE HAULERS LICENSES 735.00 735.00 1,100.00 365.00 66.8
101-32180 OTHER BUSINESS LICENSE/PERMIT 1,355.00 1,355.00 8,000.00 6,645.00 16.9
101-32230 RENTAL LICENSES 635.36 635.36 2,000.00 1,364.64 31.8
101-32240 DOG LICENSES ( 10.89) ( 10.89).00 10.89 .0
101-32510 BUILDING PERMITS 233,439.56 233,439.56 475,000.00 241,560.44 49.2
101-32520 ZONING PERMIT 1,075.00 1,075.00 1,500.00 425.00 71.7
101-32530 MECHANICAL/SEPTIC/OTHER 51,457.16 51,457.16 60,000.00 8,542.84 85.8
101-32590 PLUMBING PERMIT 32,573.61 32,573.61 30,000.00 ( 2,573.61) 108.6
TOTAL LICENSES & PERMITS 321,884.80 321,884.80 585,200.00 263,315.20 55.0
OTHER GOVERNMENTS
101-33220 FEDERAL GRANT-EMRGNCY PREP .00 .00 .00 .00 .0
101-33390 FEDERAL GRANT-OTHER .00 .00 .00 .00 .0
101-33410 HACA AID .00 .00 .00 .00 .0
101-33415 MARKET VALUE CREDIT .00 .00 .00 .00 .0
101-33420 POLICE STATE AID .00 .00 240,000.00 240,000.00 .0
101-33430 POLICE TRAINING REIMBURSEMENT 1,600.00 1,600.00 23,000.00 21,400.00 7.0
101-33440 MUNICIPAL STATE AID-STREETS .00 .00 .00 .00 .0
101-33450 LOCAL GOVERNMENT AID .00 .00 .00 .00 .0
101-33460 PERA STATE AID .00 .00 .00 .00 .0
101-33490 STATE GRANT-OTHER 134,075.44 134,075.44 140,000.00 5,924.56 95.8
101-33610 COUNTY GRANT-RECYCLING .00 .00 .00 .00 .0
101-33690 COUNTY GRANT-OTHER .00 .00 .00 .00 .0
101-33800 OTHER GRANTS/AIDS .00 .00 .00 .00 .0
101-33890 GRANTS/AIDS FROM OTHER GOVTS .00 .00 .00 .00 .0
TOTAL OTHER GOVERNMENTS 135,675.44 135,675.44 403,000.00 267,324.56 33.7
Attachment 2 Revenue Detail
CITY OF ORONO
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2023
GENERAL FUND
PERIOD JUNE 30, 2023 BUDGET UNEARNED PCNT
FOR ADMINISTRATION USE ONLY 50 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:18PM PAGE: 2
CHARGES FOR SERVICES
101-34200 ADMINISTRATIVE CHARGES FOR SVC 145,000.00 145,000.00 280,000.00 135,000.00 51.8
101-34210 GENERAL TAXABLE SALES/SERVICE 11.00 11.00 2,000.00 1,989.00 .6
101-34220 ASSESSMENTS SEARCHES 20.00 20.00 100.00 80.00 20.0
101-34230 FILING FEES-ELECTIONS/PLATS .00 .00 190.00 190.00 .0
101-34240 ZONING DISCLOSURE 215.00 215.00 .00 ( 215.00) .0
101-34410 PLAN CHECK/SITE EXAM FEES 145,378.43 145,378.43 200,000.00 54,621.57 72.7
101-34420 COND USE-VARIANCE-DEV FEES 10,840.00 10,840.00 19,000.00 8,160.00 57.1
101-34430 ENGINEERING & LEGAL FEES 740.40 740.40 45,000.00 44,259.60 1.7
101-34440 BLDG PERMITS-MAIL IN FEES .00 .00 .00 .00 .0
101-34450 ON-SITE SEPTIC PROGRAM FEES 23,571.17 23,571.17 47,000.00 23,428.83 50.2
101-34460 COOP AGREEMENT-INSPECTION 483.00 483.00 .00 ( 483.00) .0
101-34610 COOP AGREEMENT-POLICE 2,356,714.72 2,356,714.72 2,773,980.00 417,265.28 85.0
101-34620 COOP AGREEMENT-ANIMAL CONTROL .00 .00 .00 .00 .0
101-34630 POLICE SPECIAL SERVICES 5,390.00 5,390.00 100,000.00 94,610.00 5.4
101-34640 FALSE ALARM FEES .00 .00 1,000.00 1,000.00 .0
101-34650 POLICE REPORTS 1,686.00 1,686.00 1,000.00 ( 686.00) 168.6
101-34670 POLICE RESERVE RECEIPTS .00 .00 .00 .00 .0
101-34680 EXPLORERS PROGRAM 1,195.22 1,195.22 .00 ( 1,195.22) .0
101-34781 OFF LEASH ANNUAL PASS .00 .00 .00 .00 .0
101-34783 PARK RESERVATIONS 7,800.00 7,800.00 2,000.00 ( 5,800.00) 390.0
101-34810 COOP AGREEMENT-PUBLIC WORKS 109,198.33 109,198.33 202,000.00 92,801.67 54.1
101-34812 COOP AGREEMENT-PUBLIC WORKS OT .00 .00 .00 .00 .0
101-34815 INTERDEPARTMENTAL SERVICES .00 .00 .00 .00 .0
101-34820 RECYCLING PROGRAM FEES .00 .00 .00 .00 .0
101-34830 BRUSH SITE FEES 642.00 642.00 1,000.00 358.00 64.2
TOTAL CHARGES FOR SERVICES 2,808,885.27 2,808,885.27 3,674,270.00 865,384.73 76.5
SOURCE 35
101-35104 OTHER FINES .00 .00 .00 .00 .0
101-35105 ADMIN CITATIONS .00 .00 15,000.00 15,000.00 .0
101-35400 COURT FINES 30,273.09 30,273.09 65,000.00 34,726.91 46.6
101-35410 DRUG TASK FORCE .00 .00 .00 .00 .0
101-35420 DOG IMPOUND FEES .00 .00 .00 .00 .0
101-35620 ADMINISTRATIVE 30% SHARE .00 .00 .00 .00 .0
TOTAL SOURCE 35 30,273.09 30,273.09 80,000.00 49,726.91 37.8
Attachment 2 Revenue Detail
CITY OF ORONO
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2023
GENERAL FUND
PERIOD JUNE 30, 2023 BUDGET UNEARNED PCNT
FOR ADMINISTRATION USE ONLY 50 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:18PM PAGE: 3
MISCELLANEOUS
101-37699 UTILITY PENALTIES 9.39 9.39 .00 ( 9.39) .0
101-37910 GREEN FEES 127,506.07 127,506.07 250,000.00 122,493.93 51.0
101-37920 RENTAL-GOLF CARTS & CLUB 45,281.27 45,281.27 100,000.00 54,718.73 45.3
101-37930 BEER SALES 11,803.84 11,803.84 16,000.00 4,196.16 73.8
101-37935 POP SALES .00 .00 .00 .00 .0
101-37940 CONCESSIONS-TAXABLE 5,610.17 5,610.17 7,000.00 1,389.83 80.2
101-37950 CONCESSIONS-NONTAXABLE .00 .00 .00 .00 .0
101-37960 GOLF BALL SALES 2,025.67 2,025.67 3,000.00 974.33 67.5
101-37970 PRO SHOP-TAXABLE 373.80 373.80 1,000.00 626.20 37.4
101-37980 PRO SHOP-NONTAXABLE 2,254.96 2,254.96 .00 ( 2,254.96) .0
101-37985 GOLF COURSE PRINTS .00 .00 .00 .00 .0
101-37990 OTHER GOLF COURSE RECEIPTS .00 .00 .00 .00 .0
101-37999 CASH OVER/SHORT 1.00 1.00 .00 ( 1.00) .0
TOTAL MISCELLANEOUS 194,866.17 194,866.17 377,000.00 182,133.83 51.7
SOURCE 39
101-39310 INTEREST ON INVESTMENTS .00 .00 160,000.00 160,000.00 .0
101-39315 INVESTMENT DISCOUNTS/PREMIUMS .00 .00 .00 .00 .0
101-39350 INTEREST-NOW ACCOUNT 151.60 151.60 900.00 748.40 16.8
101-39610 MISCELLANEOUS REVENUE 7,297.38 7,297.38 3,000.00 ( 4,297.38) 243.3
101-39615 CONVENIENCE FEE .00 .00 .00 .00 .0
101-39620 RENT INCOME 2,700.00 2,700.00 5,400.00 2,700.00 50.0
101-39630 CONTRIBUTIONS & DONATIONS 1,000.00 1,000.00 5,000.00 4,000.00 20.0
101-39640 REFUNDS & REIMBURSEMENTS 163.33 163.33 5,000.00 4,836.67 3.3
101-39650 PAYMENTS IN LIEU OF TAXES .00 .00 .00 .00 .0
101-39670 SALE OF LAND .00 .00 .00 .00 .0
101-39680 SALE OF EQUIPMENT 275.00 275.00 30,000.00 29,725.00 .9
101-39920 RESIDUAL EQUITY TRANSFERS IN .00 .00 .00 .00 .0
101-39999 CASH OVER/SHORT .00 .00 .00 .00 .0
TOTAL SOURCE 39 11,587.31 11,587.31 209,300.00 197,712.69 5.5
TOTAL FUND REVENUE 6,384,150.80 6,384,150.80 10,993,270.00 4,609,119.20 58.1
NET REVENUE OVER EXPENDITURES 6,384,150.80 6,384,150.80 10,993,270.00 4,609,119.20 58.1
Attachment 2 Revenue Detail
City of Orono
YTD Revenue 12-31-2019
0%
20%
40%
60%
80%
100%
120%
Q1
2019
Q1
2020
Q1
2021
Q1
2022
Q1
2023
Q2
2019
Q2
2020
Q2
2021
Q2
2022
Q2
2023
Q3
2019
Q3
2020
Q3
2021
Q3
2022
Q3
2023
YE
2019
YE
2020
YE
2021
YE
2022
YE
2023Comparison To Budet2023 Revenue Comparisons
Attachment 3 Revenue Graph
Adjusted
Department June 30 Budget Percent June 30 Budget Balance Percent
Mayor & Council ___-41110-___25,596 43,300 59.11%26,038 42,750 16,712 60.91%
Administration ___-41300-___210,005 418,200 50.22%240,901 493,600 252,699 48.80%
Elections ___-41410-___14,200 68,370 20.77%16,397 38,800 22,403 42.26%
Assessing ___-41550-___104,000 220,000 47.27%127,000 260,000 133,000 48.85%
Finance Department ___-41500-___90,970 279,150 32.59%164,771 334,000 169,229 49.33%
Law/Legal Services ___-41600-___41,930 133,000 31.53%67,590 125,000 57,410 54.07%
Central Services ___-41900-___146,335 329,700 44.38%183,812 317,200 133,388 57.95%
Human Services ___-41800-___9,500 12,400 76.61%9,500 12,400 2,900 76.61%
Police Department ___-42110-___2,306,381 5,147,000 44.81%2,710,725 5,592,400 2,881,675 48.47%
Fire Protection ___-42260-___213,545 455,941 46.84%502,768 718,800 216,032 69.95%
Building & Zoning ___-42400-___317,006 786,925 40.28%401,163 820,970 419,807 48.86%
Engineering ___-43170-___1,946 20,000 9.73%20,716 20,000 (716) 103.58%
Public Works ___-43000-___165,900 582,600 28.48%315,055 609,500 294,445 51.69%
Public Works - SP ___-43050-___- 92,900 53,712 98,500 44,788 54.53%
Parks 101-45200-___122,566 279,150 43.91%172,615 419,950 247,335 41.10%
Golf ___-45210-___156,751 233,600 67.10%175,408 364,800 189,392 48.08%
Brush Site ___-43100-___581 28,100 2.07%10,803 43,300 32,497 24.95%
Special Services ___-43280-___5,758 249,200 2.31%149,686 251,300 101,614 59.56%
Special Projects ___-43290-___- 30,000 0.00%- 30,000 30,000 0.00%
Transfer to Other Funds ___-43290-720200,000 400,000 50.00%200,000 400,000 200,000 50.00%
4,132,970 9,809,536 42.13%5,548,659 10,993,270 5,444,611 50.47%
Quarter
2022 2023
City of Orono
Expenditure Summary with Comparison to Budget
For The 6 Months Ending June 30, 2022 - 23
Attachment 4 Expenditure Summary
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 1
MAYOR & COUNCIL
101-41110-101 FULL-TIME EMPLOYEES REGULAR 10,616.76 10,616.76 18,200.00 7,583.24 58.3
101-41110-122 FICA 812.15 812.15 1,400.00 587.85 58.0
101-41110-151 WORKER'S COMP INSURANCE PREM 50.00 50.00 100.00 50.00 50.0
101-41110-301 AUDITING AND ACCT'G SERVICES .00 .00 .00 .00 .0
101-41110-313 IT SERVICES 500.00 500.00 1,000.00 500.00 50.0
101-41110-319 PROFESSIONAL SERVICES .00 .00 5,000.00 5,000.00 .0
101-41110-433 MEMBERSHIPS 13,131.00 13,131.00 13,650.00 519.00 96.2
101-41110-437 TRAINING & DEVELOPMENT 1,385.95 1,385.95 400.00 ( 985.95) 346.5
101-41110-439 MEETING EXPENSES 2,588.10 2,588.10 3,000.00 411.90 86.3
101-41110-489 OTHER MISCELLANEOUS CHARGES 633.80 633.80 .00 ( 633.80) .0
TOTAL MAYOR & COUNCIL 29,717.76 29,717.76 42,750.00 13,032.24 69.5
ADMINISTRATION
101-41300-101 FULL-TIME EMPLOYEES REGULAR 200,333.96 200,333.96 340,700.00 140,366.04 58.8
101-41300-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 1,300.00 1,300.00 .0
101-41300-103 PART-TIME EMPLOYEES 733.55 733.55 .00 ( 733.55) .0
101-41300-104 TEMPORARY/SEASONAL EMPLOYEES 2,377.50 2,377.50 23,000.00 20,622.50 10.3
101-41300-111 OTHER .00 .00 .00 .00 .0
101-41300-121 PERA 14,939.17 14,939.17 25,700.00 10,760.83 58.1
101-41300-122 FICA 15,592.30 15,592.30 27,900.00 12,307.70 55.9
101-41300-135 CITY BENEFIT CONTRIBUTION 32,124.82 32,124.82 56,000.00 23,875.18 57.4
101-41300-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0
101-41300-143 OPEB EXPENSE .00 .00 .00 .00 .0
101-41300-151 WORKER'S COMP INSURANCE PREM 1,100.00 1,100.00 2,200.00 1,100.00 50.0
101-41300-208 BOOKS & PERIODICALS .00 .00 300.00 300.00 .0
101-41300-313 IT SERVICES 3,750.00 3,750.00 7,500.00 3,750.00 50.0
101-41300-319 PROFESSIONAL SERVICES 2,504.00 2,504.00 .00 ( 2,504.00) .0
101-41300-331 TRAVEL EXPENSES 737.81 737.81 500.00 ( 237.81) 147.6
101-41300-340 GENERAL ADVERTISING .00 .00 .00 .00 .0
101-41300-433 MEMBERSHIPS 420.00 420.00 1,000.00 580.00 42.0
101-41300-437 TRAINING & DEVELOPMENT 3,252.00 3,252.00 4,000.00 748.00 81.3
101-41300-439 MEETING EXPENSES 168.21 168.21 500.00 331.79 33.6
101-41300-489 OTHER MISCELLANEOUS CHARGES 340.29 340.29 3,000.00 2,659.71 11.3
TOTAL ADMINISTRATION 278,373.61 278,373.61 493,600.00 215,226.39 56.4
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 2
ELECTIONS
101-41410-101 FULL-TIME EMPLOYEES REGULAR 12,743.55 12,743.55 22,300.00 9,556.45 57.2
101-41410-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 1,000.00 1,000.00 .0
101-41410-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0
101-41410-121 PERA 955.74 955.74 1,700.00 744.26 56.2
101-41410-122 FICA 979.62 979.62 1,800.00 820.38 54.4
101-41410-135 CITY BENEFIT CONTRIBUTION 3,601.50 3,601.50 6,300.00 2,698.50 57.2
101-41410-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0
101-41410-151 WORKER'S COMP INSURANCE PREM 50.00 50.00 100.00 50.00 50.0
101-41410-208 BOOKS & PERIODICALS .00 .00 .00 .00 .0
101-41410-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 2,500.00 2,500.00 .0
101-41410-240 SMALL TOOLS AND MINOR EQUIP .00 .00 1,000.00 1,000.00 .0
101-41410-313 IT SERVICES 500.00 500.00 1,000.00 500.00 50.0
101-41410-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0
101-41410-322 POSTAGE .00 .00 .00 .00 .0
101-41410-331 TRAVEL EXPENSES .00 .00 .00 .00 .0
101-41410-340 GENERAL ADVERTISING .00 .00 .00 .00 .0
101-41410-412 BUILDING RENTALS .00 .00 .00 .00 .0
101-41410-415 OTHER EQUIPMENT RENTALS .00 .00 .00 .00 .0
101-41410-437 TRAINING & DEVELOPMENT 48.36 48.36 100.00 51.64 48.4
101-41410-439 MEETING EXPENSES .00 .00 .00 .00 .0
101-41410-489 OTHER MISCELLANEOUS CHARGES .00 .00 1,000.00 1,000.00 .0
TOTAL ELECTIONS 18,878.77 18,878.77 38,800.00 19,921.23 48.7
DEPARTMENT 430
101-41430-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0
101-41430-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0
101-41430-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0
101-41430-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0
101-41430-121 PERA .00 .00 .00 .00 .0
101-41430-122 FICA .00 .00 .00 .00 .0
101-41430-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0
101-41430-151 WORKER'S COMP INSURANCE PREM .00 .00 .00 .00 .0
101-41430-313 IT SERVICES .00 .00 .00 .00 .0
101-41430-315 WEBSITE HOSTING .00 .00 .00 .00 .0
101-41430-322 POSTAGE .00 .00 .00 .00 .0
101-41430-325 NEWSLETTERS .00 .00 .00 .00 .0
101-41430-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0
101-41430-416 SOFTWARE LICENSING .00 .00 .00 .00 .0
TOTAL DEPARTMENT 430 .00 .00 .00 .00 .0
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 3
FINANCE DEPARTMENT
101-41500-101 FULL-TIME EMPLOYEES REGULAR 133,521.52 133,521.52 235,400.00 101,878.48 56.7
101-41500-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 200.00 200.00 .0
101-41500-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0
101-41500-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0
101-41500-121 PERA 9,749.12 9,749.12 17,700.00 7,950.88 55.1
101-41500-122 FICA 9,096.86 9,096.86 18,000.00 8,903.14 50.5
101-41500-135 CITY BENEFIT CONTRIBUTION 24,525.75 24,525.75 50,400.00 25,874.25 48.7
101-41500-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0
101-41500-143 OPEB EXPENSE .00 .00 .00 .00 .0
101-41500-151 WORKER'S COMP INSURANCE PREM 800.00 800.00 1,600.00 800.00 50.0
101-41500-208 BOOKS & PERIODICALS .00 .00 .00 .00 .0
101-41500-301 AUDITING AND ACCT'G SERVICES 29,500.00 29,500.00 .00 ( 29,500.00) .0
101-41500-313 IT SERVICES 3,250.00 3,250.00 6,500.00 3,250.00 50.0
101-41500-331 TRAVEL EXPENSES .00 .00 200.00 200.00 .0
101-41500-433 MEMBERSHIPS .00 .00 500.00 500.00 .0
101-41500-437 TRAINING & DEVELOPMENT 2,590.00 2,590.00 3,500.00 910.00 74.0
TOTAL FINANCE DEPARTMENT 213,033.25 213,033.25 334,000.00 120,966.75 63.8
ASSESSING
101-41550-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0
101-41550-302 ASSESSING SERVICES 127,000.00 127,000.00 260,000.00 133,000.00 48.9
TOTAL ASSESSING 127,000.00 127,000.00 260,000.00 133,000.00 48.9
LAW/LEGAL SERVICES
101-41600-305 LEGAL-REPRESENTATION .00 .00 .00 .00 .0
101-41600-306 LEGAL-PROSECUTION 23,505.66 23,505.66 40,000.00 16,494.34 58.8
101-41600-307 LEGAL-CONSULTING 91,821.40 91,821.40 75,000.00 ( 16,821.40) 122.4
101-41600-308 CODE ENFORCEMENT .00 .00 4,000.00 4,000.00 .0
101-41600-309 JAIL CHARGES (88.72)( 88.72)6,000.00 6,088.72 ( 1.5)
TOTAL LAW/LEGAL SERVICES 115,238.34 115,238.34 125,000.00 9,761.66 92.2
HUMAN SERVICES
101-41800-490 CONTRIBUTIONS TO CIVIC ORG'S 9,500.00 9,500.00 12,400.00 2,900.00 76.6
TOTAL HUMAN SERVICES 9,500.00 9,500.00 12,400.00 2,900.00 76.6
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 4
CENTRAL SERVICES
101-41900-103 PART-TIME EMPLOYEES 10,535.54 10,535.54 18,900.00 8,364.46 55.7
101-41900-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0
101-41900-121 PERA .00 .00 .00 .00 .0
101-41900-122 FICA 1,037.81 1,037.81 1,400.00 362.19 74.1
101-41900-135 CITY BENEFIT CONTRIBUTION 508.06 508.06 700.00 191.94 72.6
101-41900-151 WORKER'S COMP INSURANCE PREM 600.00 600.00 1,200.00 600.00 50.0
101-41900-201 OFFICE SUPPLIES 2,886.43 2,886.43 11,000.00 8,113.57 26.2
101-41900-221 EQUIPMENT PARTS & ACCESSORIES 5,119.11 5,119.11 1,000.00 ( 4,119.11) 511.9
101-41900-223 BLDG/GROUNDS MAINT. SUPPLIES 3,682.29 3,682.29 6,000.00 2,317.71 61.4
101-41900-301 AUDITING AND ACCT'G SERVICES .00 .00 30,000.00 30,000.00 .0
101-41900-310 LOGIS-APPLICATIONS .00 .00 .00 .00 .0
101-41900-311 DATA PROCESSING COMMUNICATION .00 .00 .00 .00 .0
101-41900-312 BANK FEES 84.50 84.50 1,000.00 915.50 8.5
101-41900-313 IT SERVICES 30,000.00 30,000.00 60,000.00 30,000.00 50.0
101-41900-319 PROFESSIONAL SERVICES 11,459.50 11,459.50 8,000.00 ( 3,459.50) 143.2
101-41900-321 TELEPHONE 11,808.18 11,808.18 16,000.00 4,191.82 73.8
101-41900-322 POSTAGE 3,562.08 3,562.08 5,500.00 1,937.92 64.8
101-41900-329 INTERNET/OTHER COMMUNICATIONS .00 .00 .00 .00 .0
101-41900-340 GENERAL ADVERTISING 1,732.31 1,732.31 .00 ( 1,732.31) .0
101-41900-352 PRINTING & PUBLISHING 13,162.95 13,162.95 22,000.00 8,837.05 59.8
101-41900-361 GENERAL LIABILITY INS 6,000.00 6,000.00 12,000.00 6,000.00 50.0
101-41900-362 UMBRELLA LIABILITY INS 8,500.00 8,500.00 17,000.00 8,500.00 50.0
101-41900-363 BONDS INSURANCE 500.00 500.00 1,000.00 500.00 50.0
101-41900-364 MONEYS & SECURITIES INS .00 .00 .00 .00 .0
101-41900-365 BOILER & MACHINERY INS .00 .00 .00 .00 .0
101-41900-366 PROPERTY INSURANCE 8,000.00 8,000.00 16,000.00 8,000.00 50.0
101-41900-367 EQUIPMENT FLOATERS INS .00 .00 .00 .00 .0
101-41900-368 AUTOMOTIVE INSURANCE 2,500.00 2,500.00 5,000.00 2,500.00 50.0
101-41900-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0
101-41900-381 GAS & ELECTRIC 28,598.46 28,598.46 34,000.00 5,401.54 84.1
101-41900-382 WATER UTILITIES 2,959.14 2,959.14 7,500.00 4,540.86 39.5
101-41900-401 REPAIRS/MAINT-OFFICE EQUIP 3,965.80 3,965.80 500.00 ( 3,465.80) 793.2
101-41900-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0
101-41900-404 REPAIRS/MAINT-BLDGS/GROUNDS 16,609.51 16,609.51 40,000.00 23,390.49 41.5
101-41900-407 JANITORIAL SERVICES 130.42 130.42 .00 ( 130.42) .0
101-41900-413 OFFICE EQUIPMENT RENTAL .00 .00 .00 .00 .0
101-41900-416 SOFTWARE LICENSING 119.88 119.88 .00 ( 119.88) .0
101-41900-440 SPECIAL EQUIPMENT REPLACEMENT .00 .00 .00 .00 .0
101-41900-441 LICENSES & TAXES .00 .00 500.00 500.00 .0
101-41900-489 OTHER MISCELLANEOUS CHARGES 521.46 521.46 1,000.00 478.54 52.2
101-41900-512 SPEC ASSMTS ON LAND & INT .00 .00 .00 .00 .0
101-41900-750 INTEREST ON SPECIAL ASSMNTS .00 .00 .00 .00 .0
TOTAL CENTRAL SERVICES 174,583.43 174,583.43 317,200.00 142,616.57 55.0
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 5
POLICE DEPARTMENT
101-42110-101 FULL-TIME EMPLOYEES REGULAR 1,732,156.14 1,732,156.14 3,086,000.00 1,353,843.86 56.1
101-42110-102 FULL-TIME EMPLOYEES OVERTIME 76,636.03 76,636.03 50,000.00 ( 26,636.03) 153.3
101-42110-103 PART-TIME EMPLOYEES 73,069.73 73,069.73 80,000.00 6,930.27 91.3
101-42110-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0
101-42110-105 SPECIALTY PAY 4,976.85 4,976.85 .00 ( 4,976.85) .0
101-42110-106 CSO/CADETS .00 .00 .00 .00 .0
101-42110-121 PERA 305,790.63 305,790.63 527,200.00 221,409.37 58.0
101-42110-122 FICA 35,070.74 35,070.74 63,600.00 28,529.26 55.1
101-42110-135 CITY BENEFIT CONTRIBUTION 262,747.20 262,747.20 442,900.00 180,152.80 59.3
101-42110-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0
101-42110-143 OPEB EXPENSE .00 .00 .00 .00 .0
101-42110-151 WORKER'S COMP INSURANCE PREM 127,750.00 127,750.00 255,500.00 127,750.00 50.0
101-42110-201 OFFICE SUPPLIES 1,405.79 1,405.79 10,000.00 8,594.21 14.1
101-42110-208 BOOKS & PERIODICALS .00 .00 1,000.00 1,000.00 .0
101-42110-212 MOTOR FUELS & LUBRICANTS 62,093.24 62,093.24 140,000.00 77,906.76 44.4
101-42110-221 EQUIPMENT PARTS & ACCESSORIES 2,521.46 2,521.46 15,000.00 12,478.54 16.8
101-42110-223 BLDG/GROUNDS MAINT. SUPPLIES 8.59 8.59 .00 ( 8.59) .0
101-42110-226 CLOTHING & PERSONAL EQUIPMENT 18,679.16 18,679.16 30,000.00 11,320.84 62.3
101-42110-228 TRAINING SUPPLIES 18,459.19 18,459.19 20,000.00 1,540.81 92.3
101-42110-229 EXPLORERS PROGRAM EXPENSES 1,563.75 1,563.75 2,500.00 936.25 62.6
101-42110-230 ANIMAL SUPPLIES 138.79 138.79 .00 ( 138.79) .0
101-42110-240 SMALL TOOLS AND MINOR EQUIP 5,197.81 5,197.81 6,000.00 802.19 86.6
101-42110-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0
101-42110-307 LEGAL-CONSULTING 1,054.00 1,054.00 8,000.00 6,946.00 13.2
101-42110-310 LOGIS-APPLICATIONS 41,776.00 41,776.00 162,000.00 120,224.00 25.8
101-42110-311 DATA PROCESSING COMMUNICATION 5,396.18 5,396.18 10,000.00 4,603.82 54.0
101-42110-313 IT SERVICES 52,500.00 52,500.00 105,000.00 52,500.00 50.0
101-42110-314 FLEET SERVICES .00 .00 .00 .00 .0
101-42110-317 ANIMAL CARE .00 .00 2,500.00 2,500.00 .0
101-42110-318 ANIMAL PROFESSIONAL SERVICES 168.49 168.49 .00 ( 168.49) .0
101-42110-319 PROFESSIONAL SERVICES 30,936.18 30,936.18 25,000.00 ( 5,936.18) 123.7
101-42110-321 TELEPHONE 12,470.93 12,470.93 24,000.00 11,529.07 52.0
101-42110-322 POSTAGE 39.50 39.50 800.00 760.50 4.9
101-42110-329 INTERNET/OTHER COMMUNICATIONS .00 .00 .00 .00 .0
101-42110-331 TRAVEL EXPENSES 234.49 234.49 300.00 65.51 78.2
101-42110-340 GENERAL ADVERTISING .00 .00 .00 .00 .0
101-42110-352 PRINTING & PUBLISHING 438.30 438.30 1,500.00 1,061.70 29.2
101-42110-361 GENERAL LIABILITY INS 35,000.00 35,000.00 70,000.00 35,000.00 50.0
101-42110-362 UMBRELLA LIABILITY INS 15,000.00 15,000.00 30,000.00 15,000.00 50.0
101-42110-366 PROPERTY INSURANCE 650.00 650.00 1,300.00 650.00 50.0
101-42110-367 EQUIPMENT FLOATERS INS .00 .00 .00 .00 .0
101-42110-368 AUTOMOTIVE INSURANCE 10,500.00 10,500.00 21,000.00 10,500.00 50.0
101-42110-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0
101-42110-379 INSURANCE DEDUCTIBLES .00 .00 .00 .00 .0
101-42110-381 GAS & ELECTRIC 13,683.22 13,683.22 20,000.00 6,316.78 68.4
101-42110-382 WATER UTILITIES 1,155.98 1,155.98 3,000.00 1,844.02 38.5
101-42110-401 REPAIRS/MAINT-OFFICE EQUIP .00 .00 1,000.00 1,000.00 .0
101-42110-402 REPAIRS/MAINT-AUTO EQUIP 18,872.59 18,872.59 40,000.00 21,127.41 47.2
101-42110-403 REPAIRS/MAINT-MISC. EQUIP 3,671.32 3,671.32 5,500.00 1,828.68 66.8
101-42110-404 REPAIRS/MAINT-BLDGS/GROUNDS 624.00 624.00 15,000.00 14,376.00 4.2
101-42110-407 JANITORIAL SERVICES 967.48 967.48 15,000.00 14,032.52 6.5
101-42110-413 OFFICE EQUIPMENT RENTAL .00 .00 .00 .00 .0
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 6
101-42110-414 EDP/COMMUNICATIONS EQUIP RENT 17,097.10 17,097.10 30,000.00 12,902.90 57.0
101-42110-416 SOFTWARE LICENSING 298.56 298.56 .00 ( 298.56) .0
101-42110-433 MEMBERSHIPS 6,850.78 6,850.78 5,000.00 ( 1,850.78) 137.0
101-42110-436 TOWING CHARGES 308.00 308.00 .00 ( 308.00) .0
101-42110-437 TRAINING & DEVELOPMENT 31,139.81 31,139.81 40,000.00 8,860.19 77.9
101-42110-438 DISTRIBUTION TO OTHER GOVMNTS .00 .00 .00 .00 .0
101-42110-439 MEETING EXPENSES 763.23 763.23 2,000.00 1,236.77 38.2
101-42110-440 SPECIAL EQUIPMENT REPLACEMENT 3,404.50 3,404.50 .00 ( 3,404.50) .0
101-42110-441 LICENSES & TAXES 76.28 76.28 1,300.00 1,223.72 5.9
101-42110-489 OTHER MISCELLANEOUS CHARGES 182.45 182.45 2,500.00 2,317.55 7.3
101-42110-520 BUILDINGS AND STRUCTURES .00 .00 .00 .00 .0
101-42110-550 AUTOMOTIVE EQUIPMENT 44,233.43 44,233.43 200,000.00 155,766.57 22.1
101-42110-560 FURNITURE AND FIXTURES .00 .00 .00 .00 .0
101-42110-570 OFFICE EQUIP AND FURNISHINGS .00 .00 .00 .00 .0
101-42110-575 IT HARDWARE & APPLICATIONS 29,312.90 29,312.90 .00 ( 29,312.90) .0
101-42110-580 OTHER EQUIPMENT 2,761.21 2,761.21 21,000.00 18,238.79 13.2
TOTAL POLICE DEPARTMENT 3,109,832.01 3,109,832.01 5,592,400.00 2,482,567.99 55.6
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 7
FIRE PROTECTION SERVICES
101-42260-101 FULL-TIME EMPLOYEES REGULAR 66,735.20 66,735.20 120,100.00 53,364.80 55.6
101-42260-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0
101-42260-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0
101-42260-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0
101-42260-121 PERA 11,812.09 11,812.09 21,300.00 9,487.91 55.5
101-42260-122 FICA 950.04 950.04 1,700.00 749.96 55.9
101-42260-135 CITY BENEFIT CONTRIBUTION 6,216.73 6,216.73 21,000.00 14,783.27 29.6
101-42260-151 WORKER'S COMP INSURANCE PREM .00 .00 10,700.00 10,700.00 .0
101-42260-201 OFFICE SUPPLIES .00 .00 .00 .00 .0
101-42260-203 PRINTED FORMS AND PAPER .00 .00 .00 .00 .0
101-42260-208 PUBLIC SAFETY ED MATERIALS .00 .00 .00 .00 .0
101-42260-212 MOTOR FUELS & LUBRICANTS .00 .00 .00 .00 .0
101-42260-215 SHOP SUPPLIES .00 .00 .00 .00 .0
101-42260-216 CHEMICALS .00 .00 .00 .00 .0
101-42260-219 MEDICAL SUPPLIES .00 .00 .00 .00 .0
101-42260-221 EQUIPMENT PARTS & ACCESSORIES 6,228.93 6,228.93 .00 ( 6,228.93) .0
101-42260-223 BLDG/GROUNDS MAINT. SUPPLIES .00 .00 .00 .00 .0
101-42260-226 CLOTHING & PERSONAL EQUIPMENT .00 .00 .00 .00 .0
101-42260-228 TRAINING SUPPLIES .00 .00 .00 .00 .0
101-42260-240 SMALL TOOLS AND MINOR EQUIP .00 .00 .00 .00 .0
101-42260-305 MEDICALS .00 .00 .00 .00 .0
101-42260-307 LEGAL-CONSULTING .00 .00 .00 .00 .0
101-42260-310 TURN OUT GEAR WASHING-REPAIR .00 .00 .00 .00 .0
101-42260-313 IT SERVICES .00 .00 .00 .00 .0
101-42260-314 FLEET SERVICES .00 .00 .00 .00 .0
101-42260-318 FIRE SERVICES 453,982.75 453,982.75 544,000.00 90,017.25 83.5
101-42260-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0
101-42260-321 TELEPHONE .00 .00 .00 .00 .0
101-42260-331 TRAVEL EXPENSES .00 .00 .00 .00 .0
101-42260-340 GENERAL ADVERTISING 363.00 363.00 .00 ( 363.00) .0
101-42260-361 GENERAL LIABILITY INS .00 .00 .00 .00 .0
101-42260-362 UMBRELLA LIABILITY INS .00 .00 .00 .00 .0
101-42260-366 PROPERTY INSURANCE .00 .00 .00 .00 .0
101-42260-367 EQUIPMENT FLOATERS INS .00 .00 .00 .00 .0
101-42260-368 AUTOMOTIVE INSURANCE .00 .00 .00 .00 .0
101-42260-381 GAS & ELECTRIC .00 .00 .00 .00 .0
101-42260-382 WATER UTILITIES .00 .00 .00 .00 .0
101-42260-401 REPAIRS/MAINT-OFFICE EQUIP .00 .00 .00 .00 .0
101-42260-402 REPAIRS/MAINT-AUTO EQUIP .00 .00 .00 .00 .0
101-42260-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0
101-42260-414 EDP/COMMUNICATIONS EQUIP RENT .00 .00 .00 .00 .0
101-42260-433 MEMBERSHIPS 200.00 200.00 .00 ( 200.00) .0
101-42260-437 TRAINING & DEVELOPMENT 602.08 602.08 .00 ( 602.08) .0
101-42260-439 MEETING EXPENSES .00 .00 .00 .00 .0
101-42260-441 LICENSES & TAXES .00 .00 .00 .00 .0
101-42260-489 OTHER MISCELLANEOUS CHARGES 902.70 902.70 .00 ( 902.70) .0
TOTAL FIRE PROTECTION SERVICES 547,993.52 547,993.52 718,800.00 170,806.48 76.2
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 8
BUILDING & ZONING
101-42400-101 FULL-TIME EMPLOYEES REGULAR 310,428.89 310,428.89 530,700.00 220,271.11 58.5
101-42400-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 200.00 200.00 .0
101-42400-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0
101-42400-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0
101-42400-121 PERA 23,282.16 23,282.16 39,800.00 16,517.84 58.5
101-42400-122 FICA 23,428.10 23,428.10 40,600.00 17,171.90 57.7
101-42400-135 CITY BENEFIT CONTRIBUTION 66,430.00 66,430.00 116,200.00 49,770.00 57.2
101-42400-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0
101-42400-143 OPEB EXPENSE .00 .00 .00 .00 .0
101-42400-151 WORKER'S COMP INSURANCE PREM 1,900.00 1,900.00 3,800.00 1,900.00 50.0
101-42400-208 BOOKS & PERIODICALS .00 .00 420.00 420.00 .0
101-42400-212 MOTOR FUELS & LUBRICANTS .00 .00 .00 .00 .0
101-42400-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 500.00 500.00 .0
101-42400-226 CLOTHING & PERSONAL EQUIPMENT .00 .00 500.00 500.00 .0
101-42400-240 SMALL TOOLS AND MINOR EQUIP .00 .00 500.00 500.00 .0
101-42400-304 ENGINEERING-CONSULTING 4,716.00 4,716.00 1,000.00 ( 3,716.00) 471.6
101-42400-305 GIS/MAPPING 3,209.50 3,209.50 2,000.00 ( 1,209.50) 160.5
101-42400-307 LEGAL-CONSULTING 5,655.20 5,655.20 15,000.00 9,344.80 37.7
101-42400-310 INSPECTION SERVICES 910.08 910.08 20,000.00 19,089.92 4.6
101-42400-312 BANK FEES .00 .00 .00 .00 .0
101-42400-313 IT SERVICES 14,000.00 14,000.00 28,000.00 14,000.00 50.0
101-42400-314 FLEET SERVICES .00 .00 1,000.00 1,000.00 .0
101-42400-319 PROFESSIONAL SERVICES 3,354.75 3,354.75 3,500.00 145.25 95.9
101-42400-321 TELEPHONE 1,157.94 1,157.94 2,500.00 1,342.06 46.3
101-42400-331 TRAVEL EXPENSES 40.73 40.73 250.00 209.27 16.3
101-42400-340 GENERAL ADVERTISING 348.66 348.66 1,600.00 1,251.34 21.8
101-42400-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0
101-42400-402 REPAIRS/MAINT-AUTO EQUIP .00 .00 .00 .00 .0
101-42400-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0
101-42400-415 OTHER EQUIPMENT RENTALS .00 .00 .00 .00 .0
101-42400-416 SOFTWARE LICENSING .00 .00 .00 .00 .0
101-42400-433 MEMBERSHIPS .00 .00 1,800.00 1,800.00 .0
101-42400-437 TRAINING & DEVELOPMENT 2,218.39 2,218.39 11,000.00 8,781.61 20.2
101-42400-439 MEETING EXPENSES 9.92 9.92 100.00 90.08 9.9
101-42400-441 LICENSES & TAXES .00 .00 .00 .00 .0
TOTAL BUILDING & ZONING 461,090.32 461,090.32 820,970.00 359,879.68 56.2
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 9
PUBLIC WORKS DEPARTMENT
101-43000-101 FULL-TIME EMPLOYEES REGULAR 105,757.46 105,757.46 177,400.00 71,642.54 59.6
101-43000-102 FULL-TIME EMPLOYEES OVERTIME 3,555.21 3,555.21 11,000.00 7,444.79 32.3
101-43000-121 PERA 7,367.91 7,367.91 13,000.00 5,632.09 56.7
101-43000-122 FICA 7,212.36 7,212.36 14,300.00 7,087.64 50.4
101-43000-135 CITY BENEFIT CONTRIBUTION 16,238.90 16,238.90 32,000.00 15,761.10 50.8
101-43000-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0
101-43000-143 OPEB EXPENSE .00 .00 .00 .00 .0
101-43000-151 WORKER'S COMP INSURANCE PREM 5,500.00 5,500.00 11,000.00 5,500.00 50.0
101-43000-208 BOOKS & PERIODICALS 236.50 236.50 .00 ( 236.50) .0
101-43000-212 MOTOR FUELS & LUBRICANTS 293.36 293.36 .00 ( 293.36) .0
101-43000-221 EQUIPMENT PARTS & ACCESSORIES 2,912.83 2,912.83 1,000.00 ( 1,912.83) 291.3
101-43000-222 VEHICLE EQUIPMENT & PARTS 4,436.21 4,436.21 .00 ( 4,436.21) .0
101-43000-224 STREET MAINT. MATERIALS/SUPPLY 58,029.87 58,029.87 84,000.00 25,970.13 69.1
101-43000-226 CLOTHING & PERSONAL EQUIPMENT 4,370.02 4,370.02 10,000.00 5,629.98 43.7
101-43000-240 SMALL TOOLS AND MINOR EQUIP 6,444.06 6,444.06 4,000.00 ( 2,444.06) 161.1
101-43000-304 PW ENGINEERING-CONSULTING 297.00 297.00 800.00 503.00 37.1
101-43000-305 GIS/MAPPING 621.00 621.00 800.00 179.00 77.6
101-43000-313 IT SERVICES 2,250.00 2,250.00 4,500.00 2,250.00 50.0
101-43000-314 FLEET SERVICES 50,000.00 50,000.00 100,000.00 50,000.00 50.0
101-43000-319 PROFESSIONAL SERVICES 1,903.60 1,903.60 .00 ( 1,903.60) .0
101-43000-321 TELEPHONE 4,375.09 4,375.09 1,000.00 ( 3,375.09) 437.5
101-43000-331 TRAVEL EXPENSES .00 .00 .00 .00 .0
101-43000-340 GENERAL ADVERTISING .00 .00 .00 .00 .0
101-43000-381 GAS & ELECTRIC 2,991.77 2,991.77 4,200.00 1,208.23 71.2
101-43000-386 STREET LIGHTING 19,516.14 19,516.14 30,000.00 10,483.86 65.1
101-43000-402 REPAIRS/MAINT-AUTO EQUIP 95.96 95.96 .00 ( 95.96) .0
101-43000-403 REPAIRS/MAINT-MISC. EQUIP 11,952.36 11,952.36 .00 ( 11,952.36) .0
101-43000-404 REPAIRS/MAINT-BLDGS/GROUNDS 3,005.04 3,005.04 .00 ( 3,005.04) .0
101-43000-408 CONTRACTED STREET MAINT.15,208.96 15,208.96 80,000.00 64,791.04 19.0
101-43000-409 OFFICE EQUIPMENT RENTAL .00 .00 .00 .00 .0
101-43000-414 EDP/COMMUNICATIONS EQUIP RENT 296.89 296.89 2,400.00 2,103.11 12.4
101-43000-415 OTHER EQUIPMENT RENTALS 1,861.44 1,861.44 4,000.00 2,138.56 46.5
101-43000-416 SOFTWARE LICENSING .00 .00 .00 .00 .0
101-43000-433 MEMBERSHIPS .00 .00 300.00 300.00 .0
101-43000-437 TRAINING & DEVELOPMENT 8,477.60 8,477.60 3,000.00 ( 5,477.60) 282.6
101-43000-441 LICENSES & TAXES 270.34 270.34 300.00 29.66 90.1
101-43000-489 OTHER MISCELLANEOUS CHARGES 4,482.04 4,482.04 500.00 ( 3,982.04) 896.4
101-43000-590 STREET CONSTRUCTION .00 .00 20,000.00 20,000.00 .0
TOTAL PUBLIC WORKS DEPARTMENT 349,959.92 349,959.92 609,500.00 259,540.08 57.4
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 10
PUBLIC WORKS - SPRING PARK
101-43050-101 FULL-TIME EMPLOYEES REGULAR 45,454.95 45,454.95 67,900.00 22,445.05 66.9
101-43050-102 FULL-TIME EMPLOYEES OVERTIME 2,541.56 2,541.56 .00 ( 2,541.56) .0
101-43050-121 PERA 3,992.57 3,992.57 5,100.00 1,107.43 78.3
101-43050-122 FICA 3,947.67 3,947.67 5,200.00 1,252.33 75.9
101-43050-135 CITY BENEFIT CONTRIBUTION 7,889.85 7,889.85 13,700.00 5,810.15 57.6
101-43050-151 WORKER'S COMP INSURANCE PREM .00 .00 5,100.00 5,100.00 .0
101-43050-224 STREET MAINT. MATERIALS/SUPPLY .00 .00 .00 .00 .0
101-43050-227 UTILITY SYSTEM MAINT. SUPPLIES 794.41 794.41 .00 ( 794.41) .0
101-43050-313 IT SERVICES .00 .00 500.00 500.00 .0
101-43050-314 FLEET SERVICES 500.00 500.00 1,000.00 500.00 50.0
101-43050-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0
101-43050-489 OTHER MISCELLANEOUS CHARGES 1,886.95 1,886.95 .00 ( 1,886.95) .0
TOTAL PUBLIC WORKS - SPRING PARK 67,007.96 67,007.96 98,500.00 31,492.04 68.0
BRUSH SITE
101-43100-104 TEMPORARY/SEASONAL EMPLOYEES 5,399.60 5,399.60 10,800.00 5,400.40 50.0
101-43100-121 PERA 404.98 404.98 .00 ( 404.98) .0
101-43100-122 FICA 413.12 413.12 800.00 386.88 51.6
101-43100-151 WORKER'S COMP INSURANCE PREM .00 .00 700.00 700.00 .0
101-43100-223 BLDG/GROUNDS MAINT. SUPPLIES 311.05 311.05 250.00 ( 61.05) 124.4
101-43100-312 BANK FEES .00 .00 .00 .00 .0
101-43100-313 IT SERVICES 125.00 125.00 250.00 125.00 50.0
101-43100-321 TELEPHONE 617.58 617.58 500.00 ( 117.58) 123.5
101-43100-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0
101-43100-361 GENERAL LIABILITY INS .00 .00 .00 .00 .0
101-43100-381 GAS & ELECTRIC 220.10 220.10 .00 ( 220.10) .0
101-43100-404 REPAIRS/MAINT-BLDGS/GROUNDS 203.77 203.77 30,000.00 29,796.23 .7
101-43100-415 OTHER EQUIPMENT RENTALS 329.17 329.17 .00 ( 329.17) .0
101-43100-489 OTHER MISCELLANEOUS CHARGES 6,560.00 6,560.00 .00 ( 6,560.00) .0
TOTAL BRUSH SITE 14,584.37 14,584.37 43,300.00 28,715.63 33.7
ENGINEERING
101-43170-303 ENGINEERING-RETAINER 18,717.50 18,717.50 .00 ( 18,717.50) .0
101-43170-304 ENGINEERING-CONSULTING 3,220.00 3,220.00 5,000.00 1,780.00 64.4
101-43170-305 GIS/MAPPING 21,450.00 21,450.00 15,000.00 ( 6,450.00) 143.0
TOTAL ENGINEERING 43,387.50 43,387.50 20,000.00 ( 23,387.50) 216.9
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 11
RECYCLING PICK-UP PROGRAM
101-43270-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0
101-43270-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0
101-43270-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0
101-43270-104 TEMPORARY EMPLOYEES REGULAR .00 .00 .00 .00 .0
101-43270-121 PERA .00 .00 .00 .00 .0
101-43270-122 FICA .00 .00 .00 .00 .0
101-43270-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0
101-43270-151 WORKER'S COMP INSURANCE PREM .00 .00 .00 .00 .0
101-43270-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 .00 .00 .0
101-43270-316 CONTRACT RECYCLING PICKUP .00 .00 .00 .00 .0
101-43270-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0
101-43270-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0
101-43270-442 SPRING,FALL,X-MAS CLEANUP .00 .00 .00 .00 .0
101-43270-444 ORGANICS RECYCLING .00 .00 .00 .00 .0
TOTAL RECYCLING PICK-UP PROGRAM .00 .00 .00 .00 .0
SPECIAL SERVICES
101-43280-102 FULL-TIME EMPLOYEES OVERTIME 27,037.99 27,037.99 35,000.00 7,962.01 77.3
101-43280-121 PERA 4,702.39 4,702.39 2,600.00 ( 2,102.39) 180.9
101-43280-122 FICA 329.05 329.05 2,700.00 2,370.95 12.2
101-43280-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0
101-43280-151 WORKER'S COMP INSURANCE PREM 500.00 500.00 1,000.00 500.00 50.0
101-43280-228 TRAINING SUPPLIES .00 .00 .00 .00 .0
101-43280-304 ENGINEERING-CONSULTING 3,644.00 3,644.00 70,000.00 66,356.00 5.2
101-43280-307 LEGAL-CONSULTING 4,837.80 4,837.80 20,000.00 15,162.20 24.2
101-43280-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0
101-43280-437 TRAINING & DEVELOPMENT .00 .00 .00 .00 .0
101-43280-438 DISTRIBUTION TO OTHER GOVMNTS 123,032.10 123,032.10 120,000.00 ( 3,032.10) 102.5
101-43280-489 OTHER MISCELLANEOUS CHARGES .00 .00 .00 .00 .0
101-43280-800 SPECIAL PROJECTS, CONTINGENCY .00 .00 .00 .00 .0
TOTAL SPECIAL SERVICES 164,083.33 164,083.33 251,300.00 87,216.67 65.3
SPECIAL PROJECTS-CONTINGENCIES
101-43290-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0
101-43290-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0
101-43290-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0
101-43290-489 OTHER MISCELLANEOUS CHARGES .00 .00 .00 .00 .0
101-43290-510 LAND .00 .00 .00 .00 .0
101-43290-720 OPERATING TRANSFERS 200,000.00 200,000.00 400,000.00 200,000.00 50.0
101-43290-800 SPECIAL PROJECTS, CONTINGENCY .00 .00 30,000.00 30,000.00 .0
TOTAL SPECIAL PROJECTS-CONTINGENCIES 200,000.00 200,000.00 430,000.00 230,000.00 46.5
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 12
PARKS
101-45200-101 FULL-TIME EMPLOYEES REGULAR 100,667.39 100,667.39 177,800.00 77,132.61 56.6
101-45200-102 FULL-TIME EMPLOYEES OVERTIME 654.59 654.59 .00 ( 654.59) .0
101-45200-103 PART-TIME EMPLOYEES 9,802.41 9,802.41 18,900.00 9,097.59 51.9
101-45200-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 16,700.00 16,700.00 .0
101-45200-121 PERA 6,257.90 6,257.90 13,400.00 7,142.10 46.7
101-45200-122 FICA 7,095.44 7,095.44 16,300.00 9,204.56 43.5
101-45200-135 CITY BENEFIT CONTRIBUTION 10,845.38 10,845.38 24,900.00 14,054.62 43.6
101-45200-151 WORKER'S COMP INSURANCE PREM 7,550.00 7,550.00 15,100.00 7,550.00 50.0
101-45200-212 MOTOR FUELS & LUBRICANTS 133.97 133.97 300.00 166.03 44.7
101-45200-216 CHEMICALS 1,460.47 1,460.47 7,500.00 6,039.53 19.5
101-45200-221 EQUIPMENT PARTS & ACCESSORIES 5,790.79 5,790.79 3,400.00 ( 2,390.79) 170.3
101-45200-223 BUILDING MAINT SUPPLIES 2,622.94 2,622.94 15,000.00 12,377.06 17.5
101-45200-225 LANDSCAPE SUPPLIES 14.99 14.99 1,000.00 985.01 1.5
101-45200-226 CLOTHING & PERSONAL EQUIPMENT 1,576.27 1,576.27 1,000.00 ( 576.27) 157.6
101-45200-240 SMALL TOOLS AND MINOR EQUIP .00 .00 2,000.00 2,000.00 .0
101-45200-304 ENGINEERING-CONSULTING 16,110.50 16,110.50 1,000.00 ( 15,110.50) 1611.1
101-45200-305 GIS/MAPPING .00 .00 500.00 500.00 .0
101-45200-313 IT SERVICES 600.00 600.00 1,200.00 600.00 50.0
101-45200-314 FLEET SERVICES 3,300.00 3,300.00 6,600.00 3,300.00 50.0
101-45200-319 PROFESSIONAL SERVICES 3,360.50 3,360.50 1,600.00 ( 1,760.50) 210.0
101-45200-321 TELEPHONE 796.24 796.24 1,000.00 203.76 79.6
101-45200-331 TRAVEL EXPENSES .00 .00 .00 .00 .0
101-45200-352 PRINTING & PUBLISHING .00 .00 450.00 450.00 .0
101-45200-381 GAS & ELECTRIC 416.57 416.57 600.00 183.43 69.4
101-45200-386 LIGHTING .00 .00 .00 .00 .0
101-45200-402 REPAIRS/MAINT-AUTO EQUIP .00 .00 .00 .00 .0
101-45200-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0
101-45200-404 REPAIRS/MAINT-BLDGS/GROUNDS 24,424.63 24,424.63 73,000.00 48,575.37 33.5
101-45200-415 OTHER EQUIPMENT RENTALS 3,336.33 3,336.33 9,000.00 5,663.67 37.1
101-45200-416 SOFTWARE LICENSING .00 .00 .00 .00 .0
101-45200-437 TRAINING & DEVELOPMENT 83.99 83.99 1,000.00 916.01 8.4
101-45200-439 MEETING EXPENSES .00 .00 .00 .00 .0
101-45200-441 LICENSES & TAXES 31.00 31.00 500.00 469.00 6.2
101-45200-488 PARK COMMISSION 49.21 49.21 10,000.00 9,950.79 .5
101-45200-489 OTHER MISCELLANEOUS CHARGES .00 .00 200.00 200.00 .0
101-45200-490 CONTRIBUTIONS TO CIVIC ORG'S .00 .00 .00 .00 .0
TOTAL PARKS 206,981.51 206,981.51 419,950.00 212,968.49 49.3
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 13
GOLF COURSE
101-45210-090 PURCHASES FOR RESALE .00 .00 .00 .00 .0
101-45210-091 BEER FOR RESALE 6,428.27 6,428.27 .00 ( 6,428.27) .0
101-45210-092 SOFT DRINKS FOR RESALE (767.76) ( 767.76)3,600.00 4,367.76 ( 21.3)
101-45210-093 CONCESSIONS FOR RESALE-TXBL 4,108.88 4,108.88 1,500.00 ( 2,608.88) 273.9
101-45210-094 CONCESSIONS FOR RESALE-NONTAX .00 .00 2,300.00 2,300.00 .0
101-45210-095 PRO SHOP ITEMS FOR RESALE 8,811.62 8,811.62 6,000.00 ( 2,811.62) 146.9
101-45210-099 OTHER FOR RESALE .00 .00 .00 .00 .0
101-45210-101 FULL-TIME EMPLOYEES REGULAR 52,834.07 52,834.07 46,800.00 ( 6,034.07) 112.9
101-45210-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0
101-45210-103 PART-TIME EMPLOYEES 35,124.28 35,124.28 63,400.00 28,275.72 55.4
101-45210-104 TEMPORARY/SEASONAL EMPLOYEES 896.00 896.00 60,000.00 59,104.00 1.5
101-45210-121 PERA 3,962.42 3,962.42 8,300.00 4,337.58 47.7
101-45210-122 FICA 6,635.79 6,635.79 13,000.00 6,364.21 51.0
101-45210-135 CITY BENEFIT CONTRIBUTION 6,860.84 6,860.84 2,100.00 ( 4,760.84) 326.7
101-45210-142 UNEMPLOYMENT BENEFIT PAYMENTS 16,128.21 16,128.21 1,500.00 ( 14,628.21) 1075.2
101-45210-143 OPEB EXPENSE .00 .00 .00 .00 .0
101-45210-151 WORKER'S COMP INSURANCE PREM 4,200.00 4,200.00 8,400.00 4,200.00 50.0
101-45210-201 OFFICE SUPPLIES 330.82 330.82 500.00 169.18 66.2
101-45210-212 MOTOR FUELS & LUBRICANTS 3,271.32 3,271.32 12,000.00 8,728.68 27.3
101-45210-216 CHEMICALS 286.40 286.40 10,000.00 9,713.60 2.9
101-45210-221 EQUIPMENT PARTS & ACCESSORIES 1,284.40 1,284.40 2,500.00 1,215.60 51.4
101-45210-223 BUILDING MAINT SUPPLIES 4,122.02 4,122.02 8,000.00 3,877.98 51.5
101-45210-225 LANDSCAPE SUPPLIES .00 .00 .00 .00 .0
101-45210-226 CLOTHING & PERSONAL EQUIPMENT 1,094.31 1,094.31 500.00 ( 594.31) 218.9
101-45210-240 SMALL TOOLS AND MINOR EQUIP 345.15 345.15 5,000.00 4,654.85 6.9
101-45210-301 AUDITING AND ACCT'G SERVICES .00 .00 1,000.00 1,000.00 .0
101-45210-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0
101-45210-307 LEGAL-CONSULTING .00 .00 .00 .00 .0
101-45210-312 BANK FEES 8,329.24 8,329.24 15,000.00 6,670.76 55.5
101-45210-313 IT SERVICES 1,250.00 1,250.00 2,500.00 1,250.00 50.0
101-45210-314 FLEET SERVICES 7,500.00 7,500.00 15,000.00 7,500.00 50.0
101-45210-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0
101-45210-321 TELEPHONE 1,865.60 1,865.60 5,000.00 3,134.40 37.3
101-45210-322 POSTAGE .00 .00 .00 .00 .0
101-45210-331 TRAVEL EXPENSES .00 .00 .00 .00 .0
101-45210-340 GENERAL ADVERTISING 977.65 977.65 4,000.00 3,022.35 24.4
101-45210-343 OTHER ADVERTISING .00 .00 .00 .00 .0
101-45210-352 PRINTING & PUBLISHING .00 .00 1,700.00 1,700.00 .0
101-45210-361 GENERAL LIABILITY INS 2,100.00 2,100.00 8,400.00 6,300.00 25.0
101-45210-362 UMBRELLA LIABILITY INS 425.00 425.00 1,700.00 1,275.00 25.0
101-45210-365 BOILER & MACHINERY INS 125.00 125.00 500.00 375.00 25.0
101-45210-366 PROPERTY INSURANCE 775.00 775.00 3,100.00 2,325.00 25.0
101-45210-367 EQUIPMENT FLOATERS INS 100.00 100.00 400.00 300.00 25.0
101-45210-368 AUTOMOTIVE INSURANCE 125.00 125.00 500.00 375.00 25.0
101-45210-369 DRAM SHOP INSURANCE 175.00 175.00 700.00 525.00 25.0
101-45210-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0
101-45210-379 INSURANCE DEDUCTIBLES .00 .00 .00 .00 .0
101-45210-381 GAS & ELECTRIC 5,423.07 5,423.07 9,000.00 3,576.93 60.3
101-45210-382 WATER UTILITIES 147.30 147.30 300.00 152.70 49.1
101-45210-401 REPAIRS/MAINT-OFFICE EQUIP .00 .00 100.00 100.00 .0
101-45210-402 REPAIRS/MAINT-AUTO EQUIP 2,519.07 2,519.07 .00 ( 2,519.07) .0
101-45210-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 6,000.00 6,000.00 .0
Attachment 5 Expenditure Detail
CITY OF ORONO
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31, 2023
GENERAL FUND
PERIOD YTD BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 58 % OF THE FISCAL YEAR HAS ELAPSED 08/11/2023 06:21PM PAGE: 14
101-45210-404 REPAIRS/MAINT-BLDGS/GROUNDS 14,075.26 14,075.26 8,000.00 ( 6,075.26) 175.9
101-45210-409 DEPRECIATION & AMORTIZATION .00 .00 .00 .00 .0
101-45210-415 OTHER EQUIPMENT RENTALS 25,112.25 25,112.25 14,500.00 ( 10,612.25) 173.2
101-45210-432 UNCOLLECTIBLE CHECKS-CASH .00 .00 .00 .00 .0
101-45210-433 MEMBERSHIPS .00 .00 200.00 200.00 .0
101-45210-437 TRAINING & DEVELOPMENT 37.33 37.33 1,000.00 962.67 3.7
101-45210-438 ADMINISTRATIVE CHARGE .00 .00 10,000.00 10,000.00 .0
101-45210-440 SPECIAL EQUIPMENT REPLACEMENT .00 .00 .00 .00 .0
101-45210-441 LICENSES & TAXES 1,055.82 1,055.82 600.00 ( 455.82) 176.0
101-45210-489 OTHER MISCELLANEOUS CHARGES .00 .00 200.00 200.00 .0
TOTAL GOLF COURSE 228,074.63 228,074.63 364,800.00 136,725.37 62.5
TOTAL FUND EXPENDITURES 6,359,320.23 6,359,320.23 10,993,270.00 4,633,949.77 57.9
NET REVENUE OVER EXPENDITURES (6,359,320.23) ( 6,359,320.23) ( 10,993,270.00) ( 4,633,949.77) ( 57.9)
Attachment 5 Expenditure Detail
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 Community Development Department will lead discussion on Average
Lakeshore setbacks.
4. Proposed Future Topics. This is an opportunity for council members to propose and agree to
future work session topics.
5. Work Session Items. The table below depicts topics for works sessions. Those shaded have already
occurred. Those in the future are proposed.
Date Subject Date Subject
9 Jan 23 -THC License discussion
- Navarre Parking Lot Funding
10 Jul 23 Cannabis Legislation Update
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 - Average Lakeshore Setbacks
27 Feb 23 - City Council -Staff Procedures
- Park Commissioner interviews
28 Aug 23 - Enterprise Budgets Update
- UTVs on City Streets
13 Mar 23 -No items -Cancelled 11 Sep 23 - Preliminary Levy/Budget
21 Mar 23 - Planning Commissioner
interviews-if needed
25 Sep 23 - Recodification update
10 Apr 23 - 2024 Street Maintenance
9 Oct 23 - CIP Update
24 Apr 23 - Retaining Wall Discussion
- Planning & Park Commission
Interview
23 Oct 23 - Draft Capital Improvement Plan
8 May 23 - 2024 Street Maintenance Part II
- Draft Fire Needs Study Report
13 Nov 23 - Recodification Update
22 May 23 - Retaining Wall Discussion Part
II
27 Nov 23 - Fee Schedule Update
12 Jun 23 - 4PM Start- Council Interviews
- THC Legislation Update
- Preliminary Budget Guidance
11 Dec 23 - Community Survey Discussion
26 Jun 23 - Preliminary Budget Guidance -
- THC Legislation Update
6. Staff Recommendation. I recommend holding the next Work Session as scheduled.
COUNCIL ACTION REQUESTED
Move hold the next work session as scheduled.
Item No.: 18 Date: August 14, 2023
Item Description: Next Work Session Draft Agenda
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
City Administrators Report
AGENDA ITEM
Prepared By: Reviewed By: Approved By:
1.Purpose. The purpose of the agenda item is for the Representatives for the LLFD Advisor Board to
provide and update on the most recent meeting of the board.
2.Last Meeting. The LLFD Board met on August 8, 2023.
3.Representatives. Orono Representatives to the LLFD Advisory Board are:
a.Council Members. Richard Crosby & Maria Veach.
b.City Staff. Adam Edwards, Ron Olson, James VanEyll
COUNCIL ACTION REQUESTED
None.
Item No.: 19 Date: August 14, 2023
Item Description: LLFD Advisory Board Update
Presenter: Richard Crosby & Maria Veach
Council Members
Agenda
Section:
Council Committee Reports
AGENDA ITEM
Prepared By: Reviewed By: Approved By:
1.Purpose. The purpose of the agenda item is for the representatives for the Orono Police
Commission to provide and update on the most recent meeting of the commission.
2.Last Meeting. The Police Commission met on July 26, 2023.
3.Representatives. Orono Representatives to the Orono Police Commission are:
a.Council Members. Matt Johnson & Alisa Benson.
b.City Staff. Adam Edwards & Ron Olson. Police Chief Corey Farniok convenes and leads the
commission meetings.
COUNCIL ACTION REQUESTED
None.
Item No.: 20 Date: August 14, 2023
Item Description: Orono Police Commission Update
Presenter: Matt Johnson & Alisa Benson
Council Members
Agenda
Section:
Council Committee Reports