HomeMy WebLinkAbout10-23-2023 Council PacketAgenda
Council Meeting
Monday, October 23, 2023 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.oronomn.gov
Roll Call
Pledge of Allegiance
Approval of Agenda
Consent Agenda
1. City Council Meeting Minutes of October 9, 2023
2. City Council Work Session Minutes of October 9, 2023
3. Claims/Bills
4. Approval of Next Work Session Agenda
5. Approval to Hire City Clerk — Christine Lusian
6. Update Park Superintendent Job Description and Score
7. Carman Bay Lake Improvement District Levy — Resolution No. 7418
8. Approval PERA enrollment for PT Firefighters — Resolution No. 7419
9. Approval of Lease from Huntington Bank for 2017 Pumper Truck
10. LA23-000046, 3407 Eastlake Street — Resolution No. 7415
Public Hearing
11. Certification of Delinquent Utilities — Resolution No. 7416
Community Development Report
12. LA23-000051, 2795 Shadywood Road, Variances and CUP — Resolution No. 7417
Finance Report
City Attorney Report
City Administrator/Engineer Report
Council Committee Reports
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.
Mayor/Council Report
Adjournment
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Agenda
Council Meeting
Monday, October 23, 2023 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.oronomn.gov
Upcoming Events -
2023
10/30 Pickleball Open House, 5:30 p.m. — Orono Council Chambers
11/06 Park Commission Meeting, 6:00 p.m.
11/10 City Offices Closed — Observance of Veterans Day
11/13 Council Work Session, 5:00 p.m.
11/13 Council Meeting, 6:00 p.m.
11/20 Planning Commission Meeting, 6:00 p.m. (Matt Johnson)
11/23 City Offices Closed - Thanksgiving
11/24 City Offices Closed
11/27 Council Work Session, 5:00 p.m.
11/27 Council Meeting, 6:00 p.m.
Sign up for email notifications at www.oronomn.gov
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
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, City Planner Natalie
Nye, Fire Chief James Van Eyll and Park Superintendent Josh Lemons.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance and a
moment of silence for the victims of the fighting in Israel.
APPROVAL OF AGENDA
The agenda was approved by consensus.
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2023
2. COUNCIL WORK SESSION MINUTES OF SEPTEMBER 25, 2023
3. CLAIMS/BILLS
4. APPRVAL OF INTERFUND LOAN TRANSFERS
5. APPROVAL OF NON -WAIVER OF TORT LIMITS — RESOLUTION NO.7405
6. APPROVAL OF RENTAL LICENSE
7. APPROVAL OF NEXT WORK SESSION AGENDA
8. APPROVAL OF MN DEPARTMENT OF PUBLIC SAFETY GRANT - RESOLUTION
NO.7406
9. AUTHORIZATION TO HIRE PART TIME FIRE FIGHTERS
This item was removed from the consent agenda.
10. AUTHORIZATION TO HIRE PAID -ON -CALL FIRE FIGHTERS
This item was removed from the consent agenda.
11. LA23-000047, ERICA HWAY, 2245 FRENCH LAKE ROAD, VARIANCES —
RESOLUTION NO.7407
12. LA23-000048, SHARRATT DESIGN, 3548 IVY PLACE, LOT AREA, LOT WIDTH, AND
HARDCOVER VARIANCES — RESOLUTION NO. 7408
13. LA23-000052, REVIS STEPHENSON, 3760 WATERTOWN ROAD, VARIANCE —
RESOLUTION NO.7409
Page 1 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
14. LA23-000026, ESKUCHE DESIGN O/B/O DEAN & HEIDI MARTINSON, 2605 NORTH
SHORE DRIVE, VARIANCES, RESOLUTION NO.7410
16. LA23-000049, STONEWOOD O/B/O MICHAEL GORMAN, 3001 CASCO POINT ROAD,
AVERAGE LAKESHORE SETBACK VARIANCE — RESOLUTION NO. 7411
Crosby moved, Johnson seconded, to approve the Consent Agenda with items 9 and 10 removed
and Items 14 and 16 added. VOTE: Ayes 5, Nays 0.
COMMUNITY DEVELOPMENT REPORT
14. LA23-000026, ESKUCHE DESIGN O/B/O DEAN & HEIDI MARTINSON, 2605 NORTH
SHORE DRIVE, VARIANCES, RESOLUTION NO.7410
This item was adopted as part of the consent agenda.
15. LA23-000046, REBECCA HOLZEM, 3407 EAST LAKE STREET, VARIANCE
City Planner Nye presented a summary of the request. She said the applicant is requesting variances to
average lakeshore setback and hard cover setback to construct a new, 280 square foot deck on the
property. The property is substandard in size and width and is located a few lots away from Stubbs Bay
but is considered a lake lot due to the OHWL (Ordinary High Water Level) being present on the property.
There is an existing home that is within the 75-foot setback and was approved in 2005 with variances
through Resolution 5222. There is currently no outdoor living space on the property. The proposed deck
would be located within the 75-foot setback, within the average lakeshore setback and brings the overall
hardcover on the site from 27 percent to 35 percent. The original approval of variances for the home
(Resolution 5222) specifically states that a deck was forgone from the design of the home in order to
minimize the hardcover request. It went on to say that future hardcover increases would likely not be
supported. The applicant has listed the extremely small lot size and lack of outdoor space as practical
difficulties. Sept. 18, 2023, the Planning Commission held a public hearing. A member of the public
spoke in favor of the request. The Commission reviewed the application and noted the proposed project is
not out of character for the neighborhood and believed the property had practical difficulties due to the
small lot size and unique placement near the lake. The Planning Commission discussed the size of the
deck and questioned if the size was necessary and referenced the original 2005 approval. The
Commission on a split vote recommended approval of the application as applied by a vote of 4 to 2. Staff
recommends denial of the application as applied. The homeowner has reasonable use of the property with
a single-family home. Staff recognizes the practical difficulties of the substandard site, but staff does not
believe the requested deck size is necessary, especially without any other reduction of hardcover on the
site.
Rebecca Holzem, 3407 East Lake St., the applicant, said when she originally purchased the property in
1996 there was a small cabin with a small garage. She worked with the City and met all of the side -lot
setbacks. It states that she had foregone a deck but said she had foregone a deck at that time. She said she
had stated she would hope to add a deck eventually but apparently that was not recorded at the time. She
is currently re -siding this house and wanted to work with the contractor at the same time to add a deck.
She said she is the only person on her side of the street without a deck or patio. The average square
footage of her neighbor's decks is over 300 square feet. She did not think she is being greedy in asking
for that size deck because there needs to be space for furniture, table and chairs and a grill. Her house is
Page 2 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
small and it is difficult to entertain without an outdoor living space. She pointed out the original approval
in question was nearly 20 years ago and things have changed. It was more of a financial consideration to
hold off on the deck then. She said she was just trying to build a house that was livable.
Veach asked about a deck reconfiguration.
Holzem said that would not work because of a lower level patio door. She said the Planning Commission
wanted her to talk to the Lake Minnehaha Watershed District. She did and was told she did not require
permits because her request would be not detrimental to the creek. She said a neighbor was given a
variance to build a garage that is closer to the creek than her deck would be. A neighboring lot is larger
but has 48 percent hardcover. She said she is trying to be honest and do this the right way.
Walsh stated it's always tough when people decide to build a house and want to maximize the house and
don't put in a deck and then later owners ask where is the deck. However, this is an extremely small lot.
Johnson said the issue for him is not so much lakeshore setback but that the lot is already over the
hardcover limit.
Walsh said that is a problem in the community in that very small lots end up with higher hardcover. On
the other hand, the City wants homes to be functional and to have enjoyable outdoor living space. He
asked if there were other hardscapes she could eliminate on the property.
Johnson said she could get a credit for replacing her front walk with a pervious surface.
Holzem said she has a single -car garage but a double driveway to eliminate street parking. She asked if
they are saying she should tear up her driveway and front walk. She said the stair off the deck is needed
because she has no second exit in case of fire. She said she would be willing to remove four feet on the
west end of the deck so it would end up being a 16-foot by 14-foot deck.
Veach said she believes middle ground is where the solution lies and she would support a slightly smaller
deck.
It was pointed out there is a path with stepping stones and that is adding to the hardcover. Nye said that
could be looked at. The stone walk in the front is only 53 square feet, Nye said.
Benson said she is agreement with Johnson in not wanting to add to the hardcover.
Veach said she is confused by the amount of hardcover allowed a neighboring property.
Nye said it was a replacement of a dilapidated garage but that goes way back.
Walsh agrees there is a middle ground but houses need to be liveable. He said if she could remove the
stone walk around the side and reduce the deck to 16-feet by 14-feet that would be a compromise. The
driveway and front walk is needed, he said.
Crosby moved, Veach seconded, to ask staff to bring a resolution for approval of LA23-000046,
3407 East Lake Street, Variance with the stone walk removed and a 16-foot by 14-foot deck.
VOTE: Ayes 4, Nays 1 (Johnson).
Page 3 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
16. LA23-000049, STONEWOOD O/B/O MICHAEL GORMAN, 3001 CASCO POINT ROAD,
AVERAGE LAKESHORE SETBACK VARIANCE — RESOLUTION NO. 7411
This item was adopted as part of the consent agenda.
Community Development Director Oakden reported to the Council on permit revenue to date. Revenue is
above projections, and above 2022 by about $75,000 and they are very busy with permits. Her office
issued 130 permits last month which is on par with what they have done the last few Septembers. Staff is
working on next week's Planning Commission meeting agenda. They are trying to wrap up end of
summer permits before winter.
FINANCE DIRECTOR REPORT
Finance Director Olson said the City has been working on collecting unpaid utility bills and has collected
nearly $20,000 with a little more than $100,00 outstanding. He pointed out it is the first meeting for
remote recording and broadcasting with no one in the back room running the IT for the meeting.
PARKSREPORT
17. EVENTS SPONSORSHIP PROGRAM
Parks Director Lemons reported that the Parks Department runs a number of events but has not had a
formalized method to accept and recognize sponsorships and donations. The City is looking at setting up
an Events Sponsorship Program. The City cannot solicit for donations. That would be up to Parks
Commission members and it would be active on the City website.
Walsh asked about a vehicle to make the donations tax deductible, pointing out the City has the Orono
Legacy 501c3 which could be a way to make donations tax deductible.
Lemons said many of the donations they receive are in -kind like hot dogs and cookies and they want to
find a way to recognize that type of donation too. He looked at some other communities for ideas for this
program. He added it is also not specific to Parks but could be for Police or Fire or any other City activity.
City Administrator Edwards said this program would be separate from any other program in the City.
Benson asked if the program had been discussed in the Parks Commission meeting. She said she finds it
helpful when new initiatives go through that process and are documented.
Crosby moved, Benson seconded, to approve the Events Sponsorship Program. VOTE: Ayes 5,
Nays 0.
Lemons said they are getting close to end -of -season for golf and parks. The golf course had a very strong
year with increases in play and revenue about $40,000 above last year. The new junior league was very
successful and they plan to continue to grow that program, he said. Annual maintenance is being
performed at Lurton and there will be some trail projects this fall. There will be irrigation blow -outs and
putting the golf course to bed. They have also contracted with Hennepin County Corrections "Sentenced
to Serve" to provide some services for 21 days for things like removing buckthorn. Fall is the best time to
Page 4 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
remove buckthorn so the focus has been on that and not yet other invasive species. Some of that could be
accomplished with an Adopt -A -Park Program.
FIRE REPORT
9. AUTHORIZATION TO HIRE PART TIME -FIRE FIGHTERS
Chief Van Eyll recommended three individuals, Shea Chwialkowski, Nate Weber and Kayla Kennedy, to
be hired as part-time fire fighters assigned to weekday duty crews effective Oct 10, 2023 at the rate of $20
per hour. He said none of them are Long Lake Fire Fighters. He is proposed hiring now to manage
administrative tasks, and work with vehicles and training. He said the City will also need to start ordering
turn -out gear for each fire fighter.
Benson asked to confirm that hiring part-time fire fighters is not in conflict with the injunction.
Attorney Mattick said he had asked Paul Reuvers , who is representing the City on this issue, to discuss
that.
Attorney Reuvers said the order is specific as to recruiting. There is no prohibition on hiring. The City is
able to hire people who come to the City on their own volition.
Benson pointed out that Orono is planning on paying these individuals $20 per hour and Long Lake is
paying less. She asked if that would be considered unfair recruiting.
Erickson said Long Lake is using a different duty crew models and does not have part-time employees, so
the roles are not comparable.
Benson said she is not in favor of hiring part-time fire fighters because this venture is costing Orono
residents considerably more than it would cost to have a contract with Long Lake and is exposing the City
to risk because this program has not been tested by an outside third -party evaluation.
Walsh said the City has its own experts and doesn't need to go to third parties. The City has decided to
have a Fire Department and needs to fund and staff it. They would be paying the City of Long Lake the
same but would be giving it away, he said.
Crosby said the decision has been made to go ahead with Orono Fire since Orono is 87 percent of the
current department and costs.
Benson said it is a significant undertaking and none of the Council or Staff has that kind of expertise
without outside review.
Johnson moved, Crosby seconded, to approve the conditional job offers to Shea Chwialkowski,
Nate Weber and Kayla Kennedy as part-time fire fighters at $20 per hour starting Oct 10, 2023.
VOTE: Ayes 4, Nays 1 (Benson).
10. AUTHORIZATION TO HIRE PAID -ON -CALL FIRE FIGHTERS
Page 5of10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
Chief Van Eyll recommended hiring a list of fire fighters who would work as paid -on -call fire fighters for
Station 2. He said the candidates are Jeff Krahl, Ryan Kanive, JB Seals, Justin Hinker, Mike Johnsrud,
Ben Carlson and Tom Aldrich, all of whom have experience as a firefighter with another department. All
have passed Firefighter 1 and 2 and are either EMT or EMR. He is recommending hiring at $16 per hour
effective Oct. 10, 2023 initially to perform administrative work with training starting in January.
Benson asked the attorney to comment on this action as well related to the injunction.
Attorney Reuvers reiterated his previous comments that the order is very specific and there is no
prohibition on hiring.
Benson asked if all the individuals were currently serving the City of Long Lake Fire.
Van Eyll said as far as he knows they are
Benson pointed out the pay would be $16 per hour when they are making 15.85 at Long Lake. She asked
where the $16 per hour figure came from.
Van Eyll said they did a compensation study with other cities and didn't want to be either the highest or
the lowest in pay.
These fire fighters are able to serve both Long Lake and Orono. Veach pointed out Long Lake currently
has four or five fire fighters that serve more than one department in close proximity.
Benson said she has the same concern on this agenda item as the previous one.
Veach said she wanted to take a moment to thank these charter members of the Orono Fire Department.
Johnson moved, Crosby seconded, to approve the conditional job offers to Jeff Krahl, Ryan Kanive,
JB Seals, Justin Hinker, Mike Johnsrud, Ben Carlson and Tom Aldrich as paid -on -call fire fighters
at $16 per hour starting Oct 10, 2023. VOTE: Ayes 4, Nays 1 (Benson).
18. AUTHORIZATION TO HIRE PAID -ON -CALL FIRE FIGHTER
Chief Van Eyll said this action is to hire a paid -on -call fire fighter for response at Station 2 who has gone
through the same hiring process. Ben Veach has experience with another department and is a Fire Fighter
1 and 2, he said.
Benson asked if Veach should recuse herself from the vote.
Attorney Mattick said he had asked Veach to recuse herself from the vote and from participating in any
discussion on this item due to a conflict of interest. The proposed hire is her husband and the matter
involves employment.
Benson said she wanted to state again her concerns about this issue adding it is an unfortunate situation
where the optics of fire in the City and the optics of an appointment or a hire like this is not ideal for a
City that is engaged in a lawsuit.
Crosby moved, Johnson seconded, to approve a conditional job offer to Ben Veach as a paid -on -call
fire fighter at $16 per hour starting October 10, 2023. VOTE: Ayes 3, Nays 1 (Benson). Veach
abstained.
Page 6 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
19. AUTHORIZATION TO DIRECT STAFF TO BEGIN PROCESS FOR CREATING A
FIRE RELIEF ASSOCIATION
The purpose of this action item is to convene fire fighters for the purpose of establishing a Relief
Association to oversee fire fighter pensions, Van Eyll said.
Veach asked if she had a conflict of interest on this item.
Attorney Mattick said there was no personal conflict because this is a Fire Department procedural action.
Benson said she could not support this action for reasons stated earlier.
Johnson moved, Crosby seconded, to direct staff to begin the process to create a Fire Relief
Association. VOTE: Ayes 4, Nays 1 (Benson).
Van Eyll said some additional interviews are in process.
Johnson congratulated the Chief for bringing in the inaugural group of fire fighters in place. He called it
an important step.
CITY ATTORNEY REPORT
Attorney Mattick had nothing to report at the time, noting there is a closed session at the end of the
meeting.
CITY ADMINISTRATOR/ENGINEER REPORT
Edwards said on the engineering side most major construction projects are wrapping up. The Tonkawa
force main was put into operation. At the new public works facility there is a lot of concrete going in
including flooring in part of the facility and curbing of the parking lot. They are still on track for April
project completion.
COUNCIL COMMITTEE REPORTS
20. LONG LAKE FIRE ADVISORY BOARD
Crosby apologized for missing the last Council meeting due to a funeral. He said he thought the last
Advisory Board meeting had positive momentum for departments working together in the future. A lot of
that has been dashed, he said, due to lack of communication and Long Lake not fulfilling its obligations
The Orono Fire Department is happening and moving ahead. He is concerned that as the City of Long
Lake's biggest client Orono can't get the chief out here to have a conversation with the Council. That is
not the future of a working relationship, he said. People are putting egos ahead of the job and that is
unfortunate.
Veach said again she thought it was a pretty successful meeting. She also went to the Long Lake meeting
as she believes personal conversation is the best way to move forward. Their in -person conversations
have been fruitful, she said. A request has been made to have another meeting.
Page 7 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
Benson said she is confused why they discussed the Fire Department 2024 budget at a meeting where
Crosby was not able to be present because of Veach and Crosby's deep involvement. She asked what
would be the reason for another meeting. She said she was trying to understand if the participation of
Chief Van Eyll to reduce budget costs to Orono is a condition for approving the fire budget. She asked to
quantify what the City of Orono is looking for to approve the budget.
Crosby said Orono is paying the majority of the Long Lakes Chief's salary and he should come and talk
to them and Orono needs to know what the savings would be if Van Eyll provides services.
Veach said this is the reason for another meeting. She does not have conditional terms to approve the
budget. If coming to a meeting with a pre-set idea, what's the point, she asked. She said she believes in
personal discussions.
Benson said her point was that there has to be a tangible and achievable goal going into another meeting
to make it worthwhile. She also said it is important that cities not make disparaging remarks about other
elected officials and staff of other cities.
Crosby said they are here to represent Orono. He said Benson is quick to support a budget for Long Lake
but for anything for the Orono Fire Department it is no, no, no.
Johnson said he doesn't understand her urgency to approve the budget. They have until the end of the
year to get the budget passed and keep talking and communicating, he said.
PUBLIC COMMENTS
Kim Carswell, 261 Cygnet Place, said she will continue to comment on the City of Orono establishing its
own Fire Department until the next election when three Council members will be up for a vote. She said
she had four points. The Council has adamantly refused to listen to the citizens of Orono. The benefits of
Orono building a Fire Department have not been clearly articulated. They are the bigger City and pay the
larger portion. That is accepted. The response times cited without data were disputed by the Long Lake
Fire Department with sound data. The costs seem to be more, so she asked what is the true benefit to the
citizens of Orono? Mediation sessions did not yield anything as Orono did not go into them constructively
as Walsh promised he would, she said, asking how can a City the size of Orono assume such a budget
without significant risk?
Helen Landgraver, 2570 Thoroughbred Lane, said she was glad she came to this meeting because it was
the first meeting where she could actually agree with Crosby. She called out each Council Member
individually stating they were elected to represent the citizens of Orono. It is evident after many meetings
and continued vocal opposition for forming an Orono Fire Department, most of the Council has not made
a compelling case why an independent Orono Fire Department needs to exist. She said she would plead
again and again for the Council to actually listen to what the citizenship is saying. She said she
appreciates that Walsh seems to have an interest in people not talking over each other. She would like him
to apply that standard across the entire Council.
Page 8 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
Brad Erickson, Corcoran, said he and Crosby a few meeting ago had a kafuffle out in front and he almost
got arrested. He said Crosby called him a Nazi from the dais here in Orono. He asked if the police present
were going to arrest him for expressing his first amendment rights. He asked Crosby if that is what he was
doing in Washington, D,C, on January 6. He said Crosby should not even be on the Council because
according to the Constitution, anyone who takes part in an insurrection is unfit for office. According to
Erickson, there is a town in Tennessee that has Proud Boys showing up to protect council members
running for office. He asked if that is what they will come to in Orono, having the Proud Boys here to
protect Crosby. He asked who is going to protect the public from Crosby stating he has gone off the
tracks and needs to apologize and denounce that kind of stuff, take a step back.
Ritche Anderson, 3205 Crystal Bay Road, said it's interesting to be talking about the Fire Department
now. The Mayor's predecessors got the first fire stations going and entered into a contract, he said. The
contract has now come due. He said he was glad the Council pulled items 9 and 10 off the Consent
agenda because this is a monumental night. He said it is important to have the backs of the folks who
have signed up to be fire fighters because they have been under a lot pressure and it was not an easy
decision. The Clydesdales have left the barn. This is going forward, he said. Anderson said he was
making a commitment for $50,000 over the next five years to start the Relief Fund and presented the first
check for $10,000.
MAYOR/COUNCIL REPORT
Veach thanked Anderson for his donation and thanked the new members of the Fire Department and the
Chief.
Benson was disappointed the two cities were unable to use time in mediation to come to an agreement.
She said she would like to hear more about Orono's ISO or insurance rating as the risks here are
significant and the plan has not been adequately shared with the residents. Insurance companies do not
favor risk and Orono's ISO is undetermined, she said.
Crosby also thanked Anderson for his love and commitment to Orono as well as his generosity. Indicating
Chief Van Eyll, he said when you volunteer and you give back to your community and you get so much
back, it's 10-fold. He said he is excited about the Orono Fire Department because they have a great leader
and great personnel joining the department already. He said that will not close the door ever on working
with the City of Long Lake.
Johnson said there is a misconception that if Council Members have a different opinion from residents
then they are not listening. He said he appreciates the regular attendees at Council meetings but doesn't
always agree with them. They don't know who all he is talking to, he said. He talks to many, many
residents of Orono, not just people who come to meetings each week. He takes his vote seriously and
understands what his job is. He said he 100 percent believes in what they are doing with Orono Fire. It's
not an easy or popular thing to do. It's difficult and expensive but the right thing for the future. He said
it's also important that people don't represent rumors as facts. He was part of the mediation, he said, and
anyone who says they didn't go there in an honest effort to find a solution wasn't there. He said people
should not say it if they don't know it. On the subject of data, he said they spent a lot of time studying
data. If people want to understand more, ask more questions. Their data on response time was honest and
based on nationally -recognized methodology, he said. He also thanked Anderson. Having some public
Page 9 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
October 9, 2023
6:00 o'clock p.m.
and some elected officials against the fire fighters moving over to Orono is real and it puts a burden on
them, he said.
Walsh said he would echo everything Johnson said and won't repeat it. He said this is what vocal support
looks like, indicating Anderson. He discussed the Orono Homecoming. Orono is undefeated with six
wins. The last home game is this coming Friday night and it's senior night. It was the first ever
homecoming parade with the Orono Fire Department. He said he participated with Temple Israel in a
ribbon cutting for the redevelopment of Camp Teko, a camp on Lake Minnetonka in Orono that has been
serving Jewish youth for 60 years. He said his heart goes out to the people of the Middle East. Coffee
with the Mayor will be the third Wednesday instead of the second.
21. CLOSED SESSION
Walsh moved, Crosby seconded, to enter into closed session at 8:08 p.m., as permitted by the
attorney -client privilege (section 13D.05, subdivision 3 (b)) to discuss litigation strategy regarding
the following lawsuits: • The City of Long Lake vs. City of Orono • Jay Nygard vs. City of Orono,
Soren Mattick. VOTE: Ayes 4, Nays 0.
(After a five minute break, the City Council was in closed session from
8:13 p.m. to 8:45 p.m.)
Crosby moved, Walsh seconded, to reopen the Orono City Council meeting at 8:45 p.m. VOTE:
Ayes 4, Nays 0.
ADJOURNMENT
Walsh moved, Crosby seconded, to adjourn the meeting at 8:45 p.m. VOTE: Ayes 5, Nays 0.
ATTEST:
Nola Dickhausen, Interim City Clerk Dennis Walsh, Mayor
Page 10 of 10
Orono City Council
Work Session Minutes
Monday, October 9, 2023
Council Chambers
5:00 p.m.
PRESENT: Mayor Dennis Walsh, Council Members Maria Veach, Alisa Benson, Richard F.
Crosby II, and Matt Johnson. Staff members present were City Administrator Adam Edwards,
Finance Director Ron Olson, Police Chief Correy Farniok, Golf Course and Parks Superintendent
Josh Lemons, Fire Chief James Van Eyll, and City Clerk Anna Carlson.
1. Capital Improvement Plan Updated for 2024
City Administrator Adam Edwards presented the draft 2024 CIP. This is the first of
two work sessions to be discussed. This session's focus is on the Facilities, IT,
Community Investment, Parks, Police, Fire, and Funds.
There was some discussion about placeholders for some of the fire CIP items due to
the unknown scenarios to come.
Meeting ended at 5:48 p.m.
ATTEST:
Nola Dickhausen, Interim City Clerk
CITY OF ORONO:
Dennis Walsh, Mayor
Page 1 of 1
AGENDA ITEM
Item No.: 3
Item Description: Claims/Bills
Date: October 23, 2023
Presenter: Ron Olson Agenda Consent Agenda
Finance Director Section:
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
122111 to 122188 and ACH transaction 20130394 to 20130398 totaling $614,058.06.
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
Prepared By: aj
Reviewed By: aX
Approved By: 7E
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Check
Check
Invoice
Invoice GLAccount
Payee
Issue Date
Number
Number
DUNBROOKE APPAREL CORP
10/12/2023
121938
5-052790
101-45210-095
Total 121938:
AT&T MOBILTY
10/13/2023
122109
2873263270
101-41900-321
AT&T MOBILTY
10/13/2023
122109
2873263283
101-42400-321
AT&T MOBILTY
10/13/2023
122109
2873263283
101-45200-321
AT&T MOBILTY
10/13/2023
122109
2873263283
101-43000-321
AT&T MOBILTY
10/13/2023
122109
2873263283
101-41900-321
AT&T MOBILTY
10/13/2023
122109
2873263283
601-49400-321
AT&T MOBILTY
10/13/2023
122109
2873263283
602-49450-321
AT&T MOBILTY
10/13/2023
122109
2873263283
101-43100-321
Total 122109:
REPUBLIC SERVICES #894
10/13/2023
122110
0894-006408
101-45210-404
Total 122110:
6060 INC DBA VITALSIGNS MID
10/23/2023
122111
V-23564
101-42110-226
Total 122111:
AMAZON CAPITAL SERVICE
10/23/2023
122112
17W7-9RDW
701-49800-215
AMAZON CAPITAL SERVICE
10/23/2023
122112
17W7-9RDW
101-43000-226
AMAZON CAPITAL SERVICE
10/23/2023
122112
17W7-9RDW
101-43000-224
AMAZON CAPITAL SERVICE
10/23/2023
122112
17W7-9RDW
101-45200-221
AMAZON CAPITAL SERVICE
10/23/2023
122112
17W7-9RDW
701-49800-222
AMAZON CAPITAL SERVICE
10/23/2023
122112
1Q91-1X6X-
101-41900-201
AMAZON CAPITAL SERVICE
10/23/2023
122112
1Q91-1X6X-
710-49970-221
in. msp*Alliiv
AMERICAN TEST CENTER, INC 10/23/2023 122113 2231872 101-42260-402
Total 122113:
BCA TRAINING & DEVELOPMEN 10/23/2023 122114 31597 101-42110-437
Description Department
MERCHANDISE Golf Course
MOBILE SERVICE/AT&T
Central Services
AT&T
BILL 08/26/23-09/25/2023
Building & Zoning
AT&T
BILL 08/26/23-09/25/2023
Parks
AT&T
BILL 08/26/23-09/25/2023
Public Works Department
AT&T
BILL 08/26/23-09/25/2023
Central Services
AT&T
BILL 08/26/23-09/25/2023
AT&T
BILL 08/26/23-09/25/2023
Sewer
AT&T
BILL 08/26/23-09/25/2023
Brush Site
TRASH SERVICE 9/1/22-9/30/22 Golf Course
UNIFORM EQUIPMENT Police Department
MECHANIC VEHICLE EQUIPMENT REPAIR PART
PPE SCOTT L. Public Works Department
LIFTING STRAPS Public Works Department
REMOTE FOR SPREADER Parks
PHONE CHARGER PLUG IN
BOWLS Central Services
PHONE CASE, BATTERY, SCREEN PROT
LADDER TESTING
TRAIN ING/DMT/SILTALA
Fire Protection Services
Police Department
Invoice
Amount
423.07-
170.61
165.72
114.69
318.65
202.58
121.09
81.66
76.46
2,023.50
2,023.50
40.00
40.00
136.66
169.95
15.29
34.99
27.96
49.01
491.85
925.71
668.00
668.00
75.00
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Check Check Invoice Invoice GLAccount
Payee Issue Date Number Number
Total 122114:
BEN SCHERER PLUMBING AND 10/23/2023 122115 P23-000125 - 601-39610
Total 122115:
BIFFS INC
10/23/2023
122116
W936938
101-45200-415
BIFFS INC
10/23/2023
122116
W936939
101-45200-415
BIFFS INC
10/23/2023
122116
W936940
101-45200-415
BIFFS INC
10/23/2023
122116
W936941
101-45200-415
BIFFS INC
10/23/2023
122116
W936942
101-45200-415
BIFFS INC
10/23/2023
122116
W936943
101-45200-415
BIFFS INC
10/23/2023
122116
W936944
101-45200-415
BIFFS INC
10/23/2023
122116
W936945
101-43100-415
Total 122116:
Description Department Invoice
Amount
75.00
PERMIT REFUND- P23-000125 - 1975 FAGERNES 66.00
BIFF RENTAL
Parks
257.00
BIFF RENTAL
Parks
166.00
BIFF RENTAL
Parks
182.00
BIFF RENTAL
Parks
91.00
BIFF RENTAL
Parks
91.00
BIFF RENTAL
Parks
166.00
BIFF RENTAL
Parks
91.00
BRUSH SITE
Brush Site
91.00
BITUMINOUS ROADWAYS INC 10/23/2023 122117 2023 FOX ST 435-20600 23-001 2023 STREET IMPROVEMENT PROJECT
BITUMINOUS ROADWAYS INC 10/23/2023 122117 2023 FOX ST 435-48976-590 23-001 2023 STREET IMPROVEMENT PROJECT
Total 122117:
BOLTON & MENK INC.
10/23/2023
122118
0321976
602-16500
BOLTON & MENK INC.
10/23/2023
122118
0321977
602-16500
BOLTON & MENK INC.
10/23/2023
122118
0321978
101-43280-304
BOLTON & MENK INC.
10/23/2023
122118
0321979
101-43280-304
BOLTON & MENK INC.
10/23/2023
122118
0321980
101-43280-304
BOLTON & MENK INC.
10/23/2023
122118
0321982
435-48976-304
BOLTON & MENK INC.
10/23/2023
122118
0321984
602-49450-305
BOLTON & MENK INC.
10/23/2023
122118
0321984
601-49400-305
BOLTON & MENK INC.
10/23/2023
122118
0321984
651-49910-305
BOLTON & MENK INC.
10/23/2023
122118
0321984
101-43170-305
BOLTON & MENK INC.
10/23/2023
122118
0321984
602-49450-304
BOLTON & MENK INC.
10/23/2023
122118
0321986
101-42400-304
BOLTON & MENK INC.
10/23/2023
122118
0321986
101-45200-304
BOLTON & MENK INC.
10/23/2023
122118
0321987
408-48800-590
BOLTON & MENK INC.
10/23/2023
122118
0321988
435-48978-304
22-021 FORCEMAIN REPLACEMENT (TONKAWA)
23-014 SANITARY SEWER REHABILITATION
LA21-000037 ORCHARD CREEK
Special Services
LA20-000048 SHORELINE ESTATES
Special Services
LA21-000036 ORONO CROSSINGS
Special Services
23-001 STREETS PROJECT
GIS MAINTENANCE SEWER
Sewer
GIS MAINTENANCE WATER
GIS MAINTENANCE STORM SEWER
Storm Water
GIS MAINTENANCE GENERAL
Engineering
ASSET MGMT FOR SEWER
Sewer
NAVARE PARKING LOT LOT COMBINATION
Building & Zoning
23-046 PICKLBALL MASTER PLAN AD DONATION
Parks
21-040 NAVARRE PARKING LOT
24-001 2024 STREETS IMPROVEMENTS PROJE
646.43-
12,928.53
-I., -
19,221.50
805.00
271.00
424.00
330.00
8,528.00
1,757.50
1,614.50
1,185.50
986.50
200.75
1,889.00
30.00
17,051.00
1,545.50
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Check Check Invoice Invoice GLAccount Description Department Invoice
Payee Issue Date Number Number Amount
Total 122118: 55,839.75
BOND TRUST SERVICES CORP 10/23/2023 122119 83185 324-47000-620 SERIES 2021A PAYING AGENT FEE 475.00
Total 122119: 475.00
Bratt Tree Company
10/23/2023
122120
11435
101-43000-408
TREE REMOVAL TASK #78160
Public Works Department
1,572.00
Total 122120:
1,572.00
BRAUN INTERTEC
10/23/2023
122121
B361001
435-48978-304
24-001 2024 STREETS PROJECT
3,069.50
Total 122121:
3,069.50
CAMPBELL KNUTSON
10/23/2023
122122
2717-000OG
101-41600-307
ADMINISTRATION/GENERAL MATTERS
Law/Legal Services
4,609.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0004G
101-42110-307
POLICE MATTERS 09/23
Police Department
986.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0201G
101-41600-307
ADMINISTRATION/GENERAL MATTERS
Law/Legal Services
1,229.71
CAMPBELL KNUTSON
10/23/2023
122122
2717-0281G
101-41600-307
1254 LOMA LINDA ENCROUGMENT AGREE
Law/Legal Services
81.25
CAMPBELL KNUTSON
10/23/2023
122122
2717-0740G
703-49960-379
LITIGATION - MERA CLAIM
1,290.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0800G
101-42400-307
B&Z STAFF MTGS 09/23
Building & Zoning
323.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0801G
101-41600-307
COUNCIL MEETINGS 09/23
Law/Legal Services
510.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0802G
101-42400-307
B&Z ASSISTANCE 9/23
Building & Zoning
255.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0836G
101-43280-307
LA22-000065 - 2967 CASCO PT
Special Services
135.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0844G
101-41600-307
LMCD/DRAGONFLY HILL
Law/Legal Services
760.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0863G
101-43280-307
LA23-000024 1960 FOX RIDGE
Special Services
82.50
CAMPBELL KNUTSON
10/23/2023
122122
2717-0865G
101-43280-304
LA22-000064 - 4448 NORTH SHORE
Special Services
302.50
CAMPBELL KNUTSON
10/23/2023
122122
2717-0869G
101-43280-307
LA23-000040 3017 NORTH SHORE
Special Services
440.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0870G
101-43280-307
RAS23-000055 3249 CASCO CIRC;E
Special Services
232.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0871G
101-43280-307
RPS23-000131 2525 DUNWOODY
Special Services
154.00
CAMPBELL KNUTSON
10/23/2023
122122
2717-0872G
101-43280-307
LA23-000030 4685 WEST BRANCH
Special Services
82.50
CAMPBELL KNUTSON
10/23/2023
122122
2717-0873G
101-43280-307
LA23-000037 3260 BOHNS POINT
Special Services
82.50
CAMPBELL KNUTSON
10/23/2023
122122
2717-0874G
101-43280-307
LA23-000038 1920 CONCORDIA
Special Services
82.50
CAMPBELL KNUTSON
10/23/2023
122122
2717-0875G
101-43280-307
LA23-000039 1380 REST POINT
Special Services
82.50
CAMPBELL KNUTSON
10/23/2023
122122
2717-0876G
101-43280-307
LA23-000042 4731 NORTH SHORE
Special Services
192.50
CAMPBELL KNUTSON
10/23/2023
122122
2717-0877G
101-43280-307
LA23-000026 2605 NORTH SHORE
Special Services
82.50
Total 122122:
11,994.96
CENTRAL PENSION FUND SOU
10/23/2023
122123
101923 CEN
101-21705
CENTRAL PENSION FUND 101923
848.00
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GLAccount
Description
Department
Invoice
Amount
Total 122123:
848.00
CITY OF BLOOMINGTON
10/23/2023
122124
22787
601-49400-489
LAB FEES
36.00
Total 122124:
36.00
CITY OF LONG LAKE
10/23/2023
122125
2023.10
601-49400-387
3RD QTR 2023 WATER SERVICE
7,929.49
CITY OF LONG LAKE
10/23/2023
122125
2023.10
602-49450-387
3RD QTR 2023 SEWER SERVICE
Sewer
12,806.30
Total 122125:
20,735.79
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
1993372
101-45210-093
CONCESSIONS
Golf Course
219.10
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
1993372
101-45210-091
ALCOHOL
Golf Course
197.40
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
1993372
101-45210-091
ALCOHOL CREDIT
Golf Course
60.40-
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
1998610
101-45210-091
ALCOHOL
Golf Course
150.80
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
1998610
101-45210-093
CONCESSIONS
Golf Course
98.50
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
2009088
101-45210-091
ALCOHOL
Golf Course
277.20
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
2009088
101-45210-093
CONCESSIONS
Golf Course
138.80
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
2014842
101-45210-093
CONCESSIONS
Golf Course
38.00
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
2014842
101-45210-091
ALCOHOL
Golf Course
148.00
DAHLHEIMER BEVERAGE MON
10/23/2023
122126
2025028
101-45210-093
CONCESSIONS
Golf Course
155.35
Total 122126:
1,362.75
DEAN & DEBI DIBIAS
10/23/2023
122127
LA23-000048
101-22205
ESCROW REFUND - LA23-000048 -3548 IVY PL
700.00
Total 122127:
700.00
DITTER INC.
10/23/2023
122128
i17758
101-41900-404
FURNACE REPAIR
Central Services
2,279.95
Total 122128:
2,279.95
DOUGLAS SEABOLT
10/23/2023
122129
2023.10 SEA
999-10015
UB REFUND - 1800 SHADYWOOD RD
386.89
Total 122129: 386.89
EARL FANDERSON & ASSOC 10/23/2023 122130 0134186-IN 101-43000-224 STREET SIGNS WEAR LN Public Works Department 127.90
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GLAccount
Description
Department
Invoice
Amount
Total 122130:
127.90
ECM PUBLISHERS INC
10/23/2023
122131
966821
101-42400-340
PH FOR B&Z
Building & Zoning
80.46
ECM PUBLISHERS INC
10/23/2023
122131
966915
101-41900-340
AD FOR SEASONAL SHOP FLEET HELP
Central Services
349.20
Total 122131:
429.66
EUGENE DOBKIN
10/23/2023
122132
LA23-000039
101-22205
ESCROW REFUND - LA23-000039 - 1380 REST P
700.00
Total 122132:
700.00
FIDELITY SECURITY LIFE INSU
10/23/2023
122133
EYEMED 10
101-21716
VISION PLAN 10/2023
279.00
Total 122133:
279.00
GEISLINGER AND SONS INC.
10/23/2023
122134
10.12.2023
601-49400-405
REPAIR GATE VALVE
764.43
Total 122134:
764.43
GENUINE PARTS COMPANY/NA
10/23/2023
122135
3270-583086
701-49800-215
FLUID FILTERS
54.76
Total 122135:
54.76
GMH ASPHALT
10/23/2023
122136
2023.10 PAY
408-20600
21-040 NAVARRE PARKING LOT
8,424.72-
GMH ASPHALT
10/23/2023
122136
2023.10 PAY
408-48800-590
21-040 NAVARRE PARKING LOT
168,494.33
Total 122136:
160,069.61
GOPHERACE
10/23/2023
122137
017776/1
701-49800-215
NUTS AND BOLTS
25.35
GOPHERACE
10/23/2023
122137
17770/1
701-49800-215
NUTS AND BOLTS
5.00
GOPHERACE
10/23/2023
122137
17793/1
101-43000-226
PPE CHAPPS AND GLOVES SCOTT L
Public Works Department
204.96
GOPHERACE
10/23/2023
122137
17806/1
101-43000-226
GLOVES PPE
Public Works Department
31.35
GOPHERACE
10/23/2023
122137
17837/1
101-41900-404
CITY HALL REPAIR
Central Services
39.94
GOPHERACE
10/23/2023
122137
17842/1
101-41900-404
BOLTS
Central Services
2.58
GOPHERACE
10/23/2023
122137
17849/1
101-41900-404
BOLTS
Central Services
11.88
Total 122137:
321.06
Gordon James Construction
10/23/2023
122138
2023.10 -SA
101-20809
SAC REFUND - RPS23-000121
2,485.00
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GLAccount
Description
Department
Invoice
Amount
Total 122138:
2,485.00
GUARDIAN FLEET SAFETY
10/23/2023
122139
231438
101-42110-402
SQUAD REPAIR/259 OPTICOM
Police Department
60.97
Total 122139:
60.97
HAWKINS INC
10/23/2023
122140
6602625
601-49400-216
CHLORINE TANKS
80.00
Total 122140:
80.00
HENNEPIN COUNTY INFOR TE
10/23/2023
122141
1000213044
101-42110-414
RADIO/MDC LEASES
Police Department
2,990.68
HENNEPIN COUNTY INFOR TE
10/23/2023
122141
1000213067
101-43000-415
PW RADIOS
Public Works Department
296.89
Total 122141:
3,287.57
Hennepin County Property Tax
10/23/2023
122142
0323-38
602-49450-489
SPECIAL ASSESSMENTS
Sewer
525.00
Total 122142:
525.00
HOTSY MINNESOTA
10/23/2023
122143
18704
701-49800-215
TRUCK WASH SOAP
423.40
Total 122143:
423.40
HYDRO KLEAN
10/23/2023
122144
2023 CIPP P
602-16500
23-014 SANITARY SEWER REHABILITATION (CIP
159,823.44
HYDRO KLEAN
10/23/2023
122144
2023 CIPP P
602-20600
23-014 SANITARY SEWER REHABILITATION (CIP
7,991.17-
Tota 1122144:
151, 832.27
International Union Local #49
10/23/2023
122145
LOCAL 49 10
101-21707
LOCAL 49 DUES - 10/2023
367.50
Total 122145:
367.50
KENNETH BECK
10/23/2023
122146
2023.10- KB
101-42110-441
NEW VEHICLE TITLE FEE
Police Department
24.52
Total 122146:
24.52
LAW ENFORCEMENT LABOR S
10/23/2023
122147
LELS 101923
101-21707
LELS DUES - LOCAL 168 10/2023
337.50
LAW ENFORCEMENT LABOR S
10/23/2023
122147
LELS 101923
101-21707
LELS DUES - LOCAL 10/2023
1,316.74
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GLAccount
Description
Department
Invoice
Amount
Total 122147:
1,654.24
LEAGUE OF MN CITIES INS TR
10/23/2023
122148
8552
703-49960-379
SPRING PARK WATERMAIN - FAILED LOCATE
768.98
Total 122148:
768.98
LEOWEBPROTECT.com
10/23/2023
122149
4945
101-42110-433
MONTHLY SUBSCRIPTION 10/23
Police Department
143.06
Total 122149:
143.06
MANSFIELD OIL COMPANY
10/23/2023
122150
24690708
701-49800-212
DIESEL FUEL
573.85
MANSFIELD OIL COMPANY
10/23/2023
122150
24690710
701-49800-212
UNLEADED FUEL
4,404.90
MANSFIELD OIL COMPANY
10/23/2023
122150
24715613
701-49800-212
DIESEL FUEL
819.95
Total 122150:
5,798.70
MARTINSON, DANIEL
10/23/2023
122151
LA23-000026
101-22205
ESCROW REFUND - LA23-000026 - 2605 NORTH
700.00
Total 122151:
700.00
METLIFE SMALL BUSINESS CE
10/23/2023
122152
METLIFE 10
101-15998
DENTAL INSURANCE 11/23
62.61
METLIFE SMALL BUSINESS CE
10/23/2023
122152
METLIFE 10
101-21709
DENTAL INSURANCE 11/23
2,493.88
Total 122152:
2,556.49
Minnesota Pollution Control Agen
10/23/2023
122153
2023.CONF.
602-49450-437
WASTEWATER CERTIFICATION RENEWAL - B. M
Sewer
390.00
Total 122153:
390.00
MINNESOTA TROPHIES & GIFT
10/23/2023
122154
48711
101-42110-201
PLAQUE ENGRAVING
Police Department
77.00
Total 122154:
77.00
MINT ROOFING INC
10/23/2023
122155
4004
101-42110-404
BUILDING REPAIR/ROOF LEAK
Police Department
302.46
Total 122155:
302.46
MOTOROLA
10/23/2023
122156
8281727742
101-42110-403
MOTOROLA SOLUTIONSNG700 MOUNTS
Police Department
138.00
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GLAccount
Description
Department
Invoice
Amount
Total 122156:
138.00
NAPAAuto Parts
10/23/2023
122157
3270-582422
101-42110-402
SQUAD MAINT/PARTS/255
Police Department
180.49
NAPAAuto Parts
10/23/2023
122157
3270-582651
701-49800-215
FUILD FILTERS
101.16
NAPAAuto Parts
10/23/2023
122157
3270-582723
701-49800-215
RADIATOR HOSE UNIT 712
119.55
NAPAAuto Parts
10/23/2023
122157
3270-582725
701-49800-215
SHOP SUPLLIES
48.49
NAPAAuto Parts
10/23/2023
122157
3270-583114
701-49800-215
WIPER BLADES
171.04
NAPAAuto Parts
10/23/2023
122157
3270-583184
101-45200-223
BATTERY FOR SPREADER
Parks
153.52
NAPAAuto Parts
10/23/2023
122157
3270-583189
101-45200-223
BATTERYTENDER
Parks
19.99
Total 122157:
794.24
NELSON, GARY
10/23/2023
122158
2023.10
101-42400-437
SEPTIC TRAINING- TRAVEL AND HOTEL
Building & Zoning
542.85
Total122158:
542.85
NELSON, SUSAN & ALBIN
10/23/2023
122159
2023.10 500
999-10015
UB REFUND - 500 OXFORD RD
100.00
Total 122159:
100.00
Newegg Business Inc
10/23/2023
122160
1304678049
710-49970-221
LAPTOPS
1,341.98
Newegg Business Inc
10/23/2023
122160
1304678108
710-49970-221
MONITOR CABLES
45.00
Newegg Business Inc
10/23/2023
122160
1304687865
710-49970-221
DOCKING STATIONS
230.00
Total 122160:
1,616.98
NORTH MEMORIAL
10/23/2023
122161
2T8-H55-HN
101-42110-437
FIRST RESPONDER/MULTIPLE
Police Department
880.00
NORTH MEMORIAL
10/23/2023
122161
KK9-FR5-9K
101-42260-437
EMT TRAINING
Fire Protection Services
80.00
Total 122161:
960.00
Oertel Architects, Ltd
10/23/2023
122162
21-12.16
440-48975-319
21-039 PUBLIC WORKS BUILDING
3,290.29
Total 122162:
3,290.29
OFFICE DEPOT
10/23/2023
122163
3347175420
101-41900-201
KITCHEN SUPPLIES
Central Services
89.20
OFFICE DEPOT
10/23/2023
122163
3349687720
101-42110-201
OFFICE SUPPLIES
Police Department
60.88
OFFICE DEPOT
10/23/2023
122163
3350400713
101-41900-201
PENS
Central Services
15.79
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GLAccount
Description
Department
Invoice
Amount
Total 122163:
165.87
OPD BUSINESS SOLUTIONS LL
10/23/2023
122164
3332266290
101-42110-201
OFFICE SUPPLIES
Police Department
89.46
OPD BUSINESS SOLUTIONS LL
10/23/2023
122164
3332277000
101-42110-201
OFFICE SUPPLIES
Police Department
27.99
OPD BUSINESS SOLUTIONS LL
10/23/2023
122164
3332277090
101-42110-201
OFFICE SUPPLIES
Police Department
74.99
Total 122164:
192.44
OPEIU - LOCAL 12
10/23/2023
122165
OPEIU 1016
101-21707
UNION DUES - LOCAL 12 10/2023
700.00
Total 122165:
700.00
PAUL & ANDREA SCOTT
10/23/2023
122166
SE22-00001
101-22205
ESCROW REFUND - SE22-000010 - 975 LONG B
1,000.00
Total 122166:
1,000.00
Perry's Truck Repair
10/23/2023
122167
1399
101-43000-221
POW MOUNT REPLACEMENT UNIT 431
Public Works Department
733.00
Total 122167:
733.00
PLEAA
10/23/2023
122168
2023.11 TRAI
101-42110-437
TRAINING - GEHLEN
Police Department
40.00
PLEAA
10/23/2023
122168
2023.11.02 M
101-42110-437
TRAINING MCGREGOR/PLEAA
Police Department
40.00
Total 122168:
80.00
QUADIENT INC
10/23/2023
122169
N10132239
101-41900-401
POSTAGE MACHING LEASE 10/28/23-10/27/24
Central Services
878.94
Total 122169:
878.94
RIESGRAF, TYLER & KELSEY
10/23/2023
122170
3655 LYRIC
999-10015
UB REFUND - 3655 LYRIC AVE - RIESGRAF
135.80
Total 122170:
135.80
SAMANTHA HOUTS
10/23/2023
122171
RBG23-0001
101-32510
BP REFUND - RBG23-000157 - 1449 BAY RIDGE
89.68
SAMANTHA HOUTS
10/23/2023
122171
RBG23-0001
101-32510
BP REFUND - RBG23-000158 - 332 W. LAKE ST
57.56
Total 122171:
147.24
SECURITY & SOUND CO
10/23/2023
122172
27268
710-49970-401
UNINSTALL VIDEO EQUIP - CC UPGRADE
746.50
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GLAccount
Description
Department
Invoice
Amount
SECURITY & SOUND CO
10/23/2023
122172
27286
101-42110-311
ALARM MONITORING - 10/01/2023
Police Department
336.00
Total 122172:
1,082.50
STONEWOOD
10/23/2023
122173
LA23-000049
101-22205
ESCROW REFUND - LA23-000049 - 3001 CASCO
700.00
Total 122173:
700.00
SUN LIFE FINANCIAL
10/23/2023
122174
ST DISABILI
101-21714
STD- 10/2023
1,036.50
SUN LIFE FINANCIAL
10/23/2023
122174
SUPPLE LIF
101-21710
LIFE INSURANCE - 10/2023
1,376.41
Total 122174:
2,412.91
THE HARTFORD
10/23/2023
122175
LT DISABILIT
101-41900-135
EAP 10/2023
Central Services
14.28
THE HARTFORD
10/23/2023
122175
LT DISABILIT
101-21713
LTD 10/2023
1,856.06
Total 122175:
1,870.34
TimeSaver Off Site Secretarial Inc
10/23/2023
122176
M28591
101-41300-319
CC MEETING MINUTES 9/11/2023
Administration
196.75
TimeSaver Off Site Secretarial Inc
10/23/2023
122176
M28631
101-42400-319
PLANNING COMMISSION MINUTES 9/18/23
Building & Zoning
234.50
TimeSaver Off Site Secretarial Inc
10/23/2023
122176
M28631
101-41300-319
CC MEETING MINUTES 9/25/2023
Administration
385.50
TimeSaver Off Site Secretarial Inc
10/23/2023
122176
M28631
101-41110-319
CC MEETING MINUTES 10/09/2023
Mayor & Council
272.25
Total 122176:
1,089.00
TONY WITTKE
10/23/2023
122177
2023.10 WIT
101-42110-226
UNIFORM/WITTKE DC
Police Department
246.35
Total 122177:
246.35
TRUE VALUE HARDWARE
10/23/2023
122178
344137
101-41900-404
CAULKING FOR PD REPAIR
Central Services
39.92
Total 122178:
39.92
U.S. AutoForce
10/23/2023
122179
INV0002261
701-49800-215
TIRES FOR DODGE DURANGOS
1,280.00
Total 122179:
1,280.00
UNIFIRST CORPORATION
10/23/2023
122180
1410014874
101-41900-223
LAUNDRY SERVICE
Central Services
34.92
UNIFIRST CORPORATION
10/23/2023
122180
1410014876
602-49450-226
UNIFORMS PW-SEWER DEPT
Sewer
37.05
UNIFIRST CORPORATION
10/23/2023
122180
1410014876
701-49800-226
UNIFORMS - FLEET
37.05
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Check
Check
Invoice
Invoice GLAccount
Payee
Issue Date
Number
Number
UNIFIRST CORPORATION
10/23/2023
122180
1410014876
101-43000-226
UNIFIRST CORPORATION
10/23/2023
122180
1410014876
601-49400-226
UNIFIRST CORPORATION
10/23/2023
122180
1410014876
101-45210-226
UNIFIRST CORPORATION
10/23/2023
122180
1410014876
101-45200-226
UNIFIRST CORPORATION
10/23/2023
122180
1410014876
101-43000-404
UNIFIRST CORPORATION
10/23/2023
122180
1410014876
701-49800-221
Total 122180:
VERIZON WIRELESS
10/23/2023
122181
9946538105
101-41900-321
Total 122181:
WASTE MANAGEMENT RECYC
10/23/2023
122182
0106976-280
603-49500-316
WASTE MANAGEMENT RECYC
10/23/2023
122182
0106976-280
603-49500-444
WASTE MANAGEMENT RECYC
10/23/2023
122182
0106976-280
603-49500-316
WASTE MANAGEMENT RECYC
10/23/2023
122182
7838206-159
603-49500-442
WASTE MANAGEMENT RECYC
10/23/2023
122182
7838207-159
603-49500-442
Total 122182:
WESTSIDE WHOLESALE TIRE
10/23/2023
122183
934781
701-49800-403
Total 122183:
WILLIAMS TOWING INC
10/23/2023
122184
#23-16801
101-42110-436
Total 122184:
WINTER EQUIPMENT COMPAN
10/23/2023
122185
IV56649
701-49800-221
Total 122185:
Winterfrost Productions
10/23/2023
122186
WFP-2023-0
101-45200-489
Total 122186:
XCEL ENERGY
10/23/2023
122187
847358699
101-41900-381
XCEL ENERGY
10/23/2023
122187
847358699
101-42110-381
XCEL ENERGY
10/23/2023
122187
847358699
101-42110-381
Description Department Invoice
Amount
UNIFORMS - PW Public Works Department 37.05
UNIFORMS PW-WATER DEPT 37.05
UNIFORMS -GOLF COURSE Golf Course 37.05
UNIFORMS -PARKS Parks 37.05
RUGS - PW Public Works Department 26.13
SHOP TOWELS - PW 8.33
291.68
VERIZON BILL 09/11/2023-10/10/2023 Central Services 160.04
160.04
ADMIN FEE 10/2023
8.50
RECYCLING 9/2023 ORGANICS
86.81
RECYCLING 10/2023
17,963.40
DUMPSTER DISPOSAL FROM ROADSIDE DEBRI
792.71
CITY CLEANUP DAY
1.610.96
20,462.38
MOUNT BOBCAT TIRES 163.32
163.32
SQUAD TOW 269 Police Department 149.00
149.00
PLOW CUTTING EDGES 9,436.80
9,436.80
SANTA RENTAL Parks 500.00
ELECTRICAL SERVICE 9/2023 Central Services 2,124.69
ELECTRICAL SERVICE 9/2023 Police Department 1,261.70
ELECTRICAL SERVICE 9/2023 Police Department 43.51
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
Total 122187:
Yamaha Golf & Utility
Total 122188:
CIRCLE K
Total 20130387
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
Check Check Invoice Invoice GLAccount
Issue Date Number Number
10/23/2023 122187 847358699 101-43000-381
10/23/2023 122187 847358699 101-43000-386
10/23/2023 122187 847358699 101-45200-381
10/23/2023 122187 847358699 601-49400-381
10/23/2023 122187 847358699 602-49450-381
10/23/2023 122187 847358699 101-45210-381
Description
ELECTRICAL SERVICE 9/2023
ELECTRICAL SERVICE 9/2023
ELECTRICAL SERVICE 9/2023
ELECTRICAL SERVICE 9/2023
ELECTRICAL SERVICE 9/2023
ELECTRICAL SERVICE 9/2023
10/23/2023 122188 01-293083 101-45210-415 CART LEASE
10/10/2023 201303 91268589 701-49800-212
10/13/2023 201303 2023.09 710-49970-221
10/13/2023 201303 2023.09 AC 101-41110-439
10/13/2023 201303 2023.09 AC 101-41300-439
10/13/2023 201303 2023.09 AC 101-41900-340
10/13/2023 201303 2023.09 AC 101-41300-437
10/13/2023 201303 2023.09 AC 101-41110-439
10/13/2023 201303 2023.09 AC 101-41110-439
10/13/2023 201303 2023.09 AC 101-41110-439
10/13/2023 201303 2023.09 AC 101-41300-489
10/13/2023 201303 2023.09 AC 101-41300-489
10/13/2023 201303 2023.09AW 101-42110-437
10/13/2023 201303 2023.09 BW 601-49400-322
10/13/2023 201303 2023.09 BW 101-43000-489
10/13/2023 201303 2023.09 CF 101-42110-402
10/13/2023 201303 2023.09 CF 101-42110-201
10/13/2023 201303 2023.09 CF 101-42110-433
10/13/2023 201303 2023.09 JL 101-45210-093
10/13/2023 201303 2023.09 JL 101-45200-223
10/13/2023 201303 2023.09 JL 101-45210-223
10/13/2023 201303 2023.09 JL 101-45210-223
10/13/2023 201303 2023.09 JVE 101-42260-489
10/13/2023 201303 2023.09 LO 101-42400-437
10/13/2023 201303 2023.09 LO 101-42400-433
NON OXY GAS FOR MIX (SMALLTOOLS)
SQUAD PRINTER CABLES
COUNCIL MEETING FOOD
STAFF DEVELOPMENT DAY
COMMUNICATIONS - FIRE
STAFF DEVELOPMENT DAY
COUNCIL MEETING FOOD
COUNCIL MEETING FOOD
MAYOR COFFEE
STAFF- FUNERAL FLOWERS
STAFF- FUNERAL FLOWERS
TRAINING/OR TRAINING RELATED
SHIPPING WATER SAMPLE
FALL CLEANUP FOOD
CAR WASH ITEMS
FLOWERS - FUNERAL SILTALA MOTHER
MONTHLY SUBSCRIPTION - PELOTON
CONCESSIONS
PESTICIDE SCALE
ICE
SCORECARD PENCILS
CAR WASH
MN APA CONFERENCE- OAKDEN/NYE
APA MEMBERSHIP- OAKDEN
Department
Public Works Department
Public Works Department
Parks
Sewer
Golf Course
Golf Course
Mayor & Council
Administration
Central Services
Administration
Mayor & Council
Mayor & Council
Mayor & Council
Administration
Administration
Police Department
Public Works Department
Police Department
Police Department
Police Department
Golf Course
Parks
Golf Course
Golf Course
Fire Protection Services
Building & Zoning
Building & Zoning
Invoice
Amount
187.45
2,685.65
95.53
8,594.41
2,614.42
19,235.51
3,251.75
58.40-
20.31
135.74
63.36
13.83
1,444.06
5.99
159.00
27.98
97.21
15.03
553.21
58.66
94.72
36.41
150.33
47.32
263.96
22.03
17.97
39.75
15.00
868.26
535.00
City of Orono Check Register - COUNCIL REPORT Page: 13
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Payee
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
CARDMEMBER SERVICE
Total 20130392
CIRCLE K
Total 20130393
CIRCLE K
Total 20130394
LOGIS-WIRE
LOGIS-WIRE
LOGIS-WIRE
LOGIS-WIRE
LOGIS-WIRE
LOGIS-WIRE
LOGIS-WIRE
Total 20130395
MEDSURETY LLC
MEDSURETY LLC
Total 20130396
MN DEPT OF REVENUE -WIRE
MN DEPT OF REVENUE -WIRE
MN DEPT OF REVENUE -WIRE
MN DEPT OF REVENUE -WIRE
MN DEPT OF REVENUE -WIRE
MN DEPT OF REVENUE -WIRE
MN DEPT OF REVENUE -WIRE
Check Check Invoice Invoice GLAccount
Issue Date Number Number
10/13/2023 201303 2023.09 RO 601-49400-322
10/13/2023 201303 2023.09 RO 602-49450-322
10/13/2023 201303 2023.09 RO 651-49910-322
10/13/2023 201303 2023.09 SO 601-49400-405
10/13/2023 201303 2023.09 SO 601-49400-322
10/13/2023 201303 2023.09 SO 601-49400-322
10/13/2023 201303 2023.09 SO 601-49400-322
Description
UB ENVELOPES
UB ENVELOPES
UB ENVELOPES
ROW PERMIT
SHIPPING WATER SAMPLE
SHIPPING WATER SAMPLE
SHIPPING WATER SAMPLE
10/13/2023 201303 91928224 701-49800-212 NON OXY GAS FOR MIX (SMALLTOOLS)
Sewer
Storm Water
Department
Invoice
Amount
129.00
129.00
129.00
340.00
29.11
2.33
9.20
161.82
10/23/2023
201303
91268589
701-49800-212
NON OXY GAS FOR MIX (SMALLTOOLS)
58.40
58.40
10/23/2023
201303
54335
710-49970-416
KNOWB4
684.00
10/23/2023
201303
54335
710-49970-575
WI RLESS ACCESS POINTS
4,277.32
10/23/2023
201303
54335
710-49970-311
HOSTED WIRELESS JULY - OCT
400.00
10/23/2023
201303
54335
710-49970-575
PD SWITCH INSTALL
540.00
10/23/2023
201303
54335
710-49970-489
LOCATES
14.85
10/23/2023
201303
54335
710-49970-401
NETWORK SERVICES
2,497.50
10/23/2023
201303
54335
710-49970-489
2023-24 BUDGETING
500.00
10/23/2023 201303 9/1/23-10/8/2 101-21719 MFSA9/1/23-10/8/23 FUNDS
10/23/2023 201303 9/8/23-10/15/ 101-21719 MFSA9/8/23-10/15/23 FUNDS
10/23/2023
201303
2023.09
SAL
101-34210
SALES
TAX 9/2023
10/23/2023
201303
2023.09
SAL
101-34650
SALES
TAX 9/2023
10/23/2023
201303
2023.09
SAL
601-39610
SALES
TAX 9/2023
10/23/2023
201303
2023.09
SAL
601-20806
SALES
TAX 9/2023
10/23/2023
201303
2023.09
SAL
101-37910
SALES
TAX 9/2023
10/23/2023
201303
2023.09
SAL
101-37920
SALES
TAX 9/2023
10/23/2023
201303
2023.09
SAL
101-37930
SALES
TAX 9/2023
52.10
nn nc
1.00
35.00
26.00
1,074.00
1,919.00
902.00
309.00
City of Orono Check Register - COUNCIL REPORT Page: 14
Check Issue Dates: 10/10/2023 - 10/23/2023 Oct 19, 2023 12:22PM
Check
Check
Invoice
Invoice GLAccount
Payee
Issue Date
Number
Number
MN DEPT OF REVENUE -WIRE
10/23/2023
201303
2023.09 SAL
101-37960
MN DEPT OF REVENUE -WIRE
10/23/2023
201303
2023.09 SAL
101-37970
MN DEPT OF REVENUE -WIRE
10/23/2023
201303
2023.09 SAL
101-37980
MN DEPT OF REVENUE -WIRE
10/23/2023
201303
2023.09 SAL
101-37940
MN DEPT OF REVENUE -WIRE
10/23/2023
201303
2023.09 SAL
601-20806
Total 20130397:
MN PEIP C/O MMB FISCAL SER
10/23/2023
201303
1319846
601-49400-135
MN PEIP C/O MMB FISCAL SER
10/23/2023
201303
1319846
101-42110-135
MN PEIP C/O MMB FISCAL SER
10/23/2023
201303
1319846
101-21706
Total 20130398:
Grand Totals:
Description
Department Invoice
Amount
SALES TAX 9/2023
41.00
SALES TAX 9/2023
8.00
SALES TAX 9/2023
21.00
SALES TAX 9/2023
88.00
SALES TAX 9/2023
10.00
4,434.00
HEALTH INSURANCE - BR 784.74
HEALTH INSURANCE - DM Police Department 784.74
HEALTH INSURANCE - 11/2023 67,960.14
69,529.62
614,058.06
AGENDA ITEM
Item No.: 4
Date: October 23, 2023
Item Description: Next Work Session Draft Agenda
Presenter: Adam T. Edwards Agenda Consent Agenda
City Administrator/City Engineer Section:
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. Staff will provide council a quick tutorial on the new agenda management
software and then The Community Development Director will provide an update on the review of the
average lakeshore setback.
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 nronosed.
Date
Subject
Date
Subject
10 Jul 23
Cannabis Legislation Update
8 Jan 24
-
24 Jul 23
- General Fund Budget Update
22 Jan 24
-
14 Aug23
- Average Lakeshore Setbacks
12 Feb 24
28 Aug 23
- Enterprise Budgets Update
- UTVs on City Streets
26 Feb 24
- Parks and Planning Commissioner
interviews -if needed
11 Sep 23
- Preliminary Levy/Budget
11 Mar 24
-
25 Sep 23
- Recodification update
25 Mar 24
9 Oct 23
- Draft Capital Improvement
Plans
8 Apr 24
- 2025 Street Maintenance
-
23 Oct 23
- Draft Capital Improvement
Plans
22 Apr 24
-
13 Nov 23
- New agenda management
software
- Average Lakeshore setback
13 May 24
-
27 Nov 23
- Fee Schedule Update
27 May 24
-
11 Dec 23
- Community Survey Discussion
10 Jun 24
-
24 Jun 24
- 2025 Preliminary Budget Guidance
6. Staff Recommendation. I recommend holding the next Work Session as scheduled.
COUNCIL ACTION REQUESTED
Move to hold the next work session as scheduled.
Prepared By: 7E Reviewed By: Ayo Approved By: 7E
AGENDA ITEM
Item No.: 5
Item Description: Appointment of City Clerk
Date: October 23, 2023
Presenter: Adam T. Edwards Agenda Consent
City Administrator/ City Engineer Section:
1. Purpose. The purpose of this action item is to appoint the new City Clerk.
2. Background. At the September 251h meeting, the City Council accepted the resignation of
the city clerk and appointed a temporary clerk while staff conducted a recruiting effort to hire the
next Orono City Clerk.
3. Recruitment. The selection process for the position involved advertising the position,
application screening, and interviews. First round interviews were completed by a panel made up
of city staff and the second round by a panel of City staff and council members Benson and
Veach.
4. Recommended Candidate. Ms. Christine Lusian is the recommended candidate for the
position. Christine has 12 years of experience in Municipal administration. She holds a master
degree in Public Administration and is a Minnesota Certified Municipal Clerk.
5. Recommended Compensation. I recommend Christine Lusian be appointed as the Orono
City Clerk with an effective start date of November 13, 2023.
a. Salary. Grade 12 / Step 4 ($91,007.38 /year) of the City Employee 2023 Pay Scale.
b. Vacation. Starting at a rate of 3 weeks/ 120 hours per year. Increases to then follow the
city's personnel Policy.
Benefits. As a full-time employee, the position is eligible for all benefits as outlined in
the personnel policy.
COUNCIL ACTION REQUESTED
Motion to appoint Christine Lusian as the City Clerk at Grade 12 Step 4 with a start date of
November 13, 2023
Prepared By:
Reviewed By: AH
Approved By:
Item No.
Date: October 23, 2023
Item Description: Position Review and Compensation Adjustment- Parks and Facilities
Superintendent
Presenter: Adam T. Edwards Agenda Consent Agenda
City Administrator/City Engineer Section:
1. Purpose. The purpose of the council item is to gain council approval for the job description update
and adjust the compensation for the Parks and Facilities Superintendent position.
2. Background. In the fall of 2022 the Parks Supt was assigned responsibility for overseeing the City's
facilities. This increase in responsibility resulted in a job description update and a rescoring of the
position. As a result staff prepared and updated job description and title. The job description was then
reviewed and scored by the Finance Director and City Administrator. In November of 2022 council
approved the move of the position from Grade 12 to Grade 13. However, the corresponding step change
from Grade 12 step 4 to Grade 13 Step 2 only resulted in a $85/ year increase in compensation. Adjusting
the Step from 3-4 will result in a 3% raise which is more inline with the intent of the previous action.
Adjusting the vacation accrual will bring Josh in line with others with his level of experience and
responsibility.
3. Proposed Changes. The following table summarizes the proposed changes.
Position
Employee
Current Grade and Step
Proposed Grade and Step
Vacation Rate
Vacation Rate
Parks and Facilities
Josh Lemons
Grade 13, Step 3
Grade 13, Step 4
Superintendent
80 hrs per year
120 hrs per year
4. Human Resources / Organization Committee. The Committee reviewed the concept on September
19th 2023.
5. Staff Recommendation. Based on the increased level of responsibility and Josh's superb
performance over the last year in this new role, I recommend approval of the wage and vacation accrual
adjustment listed above.
COUNCIL ACTION REQUESTED
Motion to approve the step and vacation accrual adjustments listed above, effective October 23, 2023.
Exhibits:
A. Parks, Golf and Facilities Superintendent Job Description
Prepared By: 7E
Reviewed By:.VJ(D
Approved By: 7E
Position Title:
Document Date:
Department:
Accountable to:
FLSA Status:
Nature of Work
CITY OF ORONO
Parks, Golf Course and Facilities Superintendent
October 17, 2023
Parks and Facilities
City Administrator/City Engineer
Exempt
Responsible for Administering all functions of the Parks and Facilities Department including the
improvement and maintenance of city parks, city facilities, trails, natural/open space, grounds, lake access
points, and golf course as well as overseeing the recreation and events planning with in the parks system.
Supervision Received and Exercised
This position is supervised by the City Administrator/ City Engineer, and provides direct supervision to
parks workers, clubhouse manager, assistant superintendent, grounds keepers and custodians as well as
indirect supervision of clubhouse attendants.
Examples of Work
Essential functions listed below are intended as illustrations of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them if the work is similar,
related or a logical assignment to the position.
• Plans, coordinates, supervises, and reviews the activities of the department including daily, periodic, and
emergency maintenance and repair activities to maintain the City's parks, trails, golf course, facilities and
public spaces in safe and operational/useable condition.
Plans and coordinates city events and recreational activities.
• Develops an annual budget covering all functions of the Parks Department, and monitor expenditures to
ensure compliance with the budget.
• Supervises Parks, Facilities and Golf Course staff to include hiring, training motivating, evaluating, and
disciplining in accordance with city personnel policy and applicable collective bargaining.
• Ensures accurate tracking and reporting of service requests, tasks, and work orders in the cities
workflow management system to ensure requests are completed in a timely manner and the work effort
required to maintain specific assets is recorded.
• Works closely with GIS staff and the City Engineer to ensure the GIS mapping system and the asset
management system are kept up to date.
• Renders technical advice, both written and verbal, to the City Council and Advisory Boards and
Commissions and attends the City Council meetings and others as necessary.
The City of Orono is an Equal Opportunity Employer
• Assists City Engineer in the development of a multi -year capital improvement plan and program to
address the city's parks, trails and Golf Course infrastructure development, maintenance, and replacement
needs.
• Investigates citizen complaints and responds to citizen requests and issues.
• Prepares and reviews specifications for equipment and vehicles purchased by the City.
• Conducts special projects as assigned.
• Serves as the city's tree inspector and assistant weed inspector.
• Periodically conducts field inspections of city parks, trails, facilities and golf course to ensure assets
are properly maintained and repaired; identifies deficiencies; and issues work orders to subordinates or
contractors to correct these deficiencies.
• Provides, and sets the example for, excellent customer service.
• Utilizes computer technology for work management, information management and communications.
• Prepares all necessary reports required by other government agencies.
• Maintains records in accordance with the retention schedule.
• Manages contacts and contractors providing repair and maintenance services for city parks and trails
infrastructure facilities and equipment.
• Establishes and maintains safety program ensuring the department is fully compliant with all OSHA
regulations.
• Prepares short term and long term goals and objectives for Parks Department.
• Performs other duties and assumes other responsibilities as assigned.
Required Knowledge, Skills and Abilities
Knowledge:
• Mechanical — Knowledge of machines and tools, including their designs, uses, repair, and
maintenance.
• Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and
strategies to promote effective local, state, or national security operations for the protection of people,
data, property, and institutions.
• Customer and Personal Service — Knowledge of principles and processes for providing customer
and personal services. This includes customer needs assessment, meeting quality standards for services,
and evaluation of customer satisfaction.
• Administration and Management Knowledge of business and management principles
involved in strategic planning, resource allocation, human resources modeling, leadership technique,
production methods, and coordination of people and resources.
• English Language — Knowledge of the structure and content of the English language including
the meaning and spelling of words, rules of composition, and grammar.
• Personnel and Human Resources — Knowledge of principles and procedures for personnel
recruitment, selection, training, compensation and benefits, labor relations and negotiation, and
personnel information systems.
Skills:
• Active Listening — Give full attention to what other people are saying, taking time to understand
the points being made, asking questions as appropriate, and not interrupting at inappropriate times.
• Monitoring — Monitor/Assess performance of yourself, other individuals, or organizations to
make improvements or take corrective action.
• Speaking — Talk to others to convey information effectively.
• Coordination — Adjust actions in relation to others' actions.
• Management of Personnel Resources — Motivate, develop, and direct people as they work,
identifying the best people for the job.
• Time Management — Manage one's own time and the time of others.
• Critical Thinking Use logic and reasoning to identify the strengths and weaknesses of
The City of Orono is an Equal Opportunity Employer
alternative solutions, conclusions, or approaches to problems.
• Reading Comprehension — Understand written sentences and paragraphs in work related
documents.
• Complex Problem Solving Identify complex problems and reviewing related information to
develop and evaluate options and implement solutions.
Abilities:
• Oral Comprehension — Able to listen to and understand information and ideas presented through
spoken words and sentences.
• Oral Expression Able to communicate information and ideas in speaking so others will
understand.
• Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does
not involve solving the problem, only recognizing there is a problem.
• Written Comprehension —Able to read and understand information and ideas presented in writing.
• Deductive Reasoning Able to apply general rules to specific problems to produce answers that
make sense.
• Inductive Reasoning Able to combine pieces of information to form general rules or
conclusions (includes finding a relationship among seemingly unrelated events).
• Information ordering — Able to arrange things or actions in a certain order or pattern according
to a specific rule or set of rules (e.g., patterns of numbers, letters, words, pictures, mathematical
operations)."
Minimum Requirements
• Bachelor's degree with major work in turf management, horticulture, or park management.
Five (5) years of experience in parks or golf course maintenance. Two (2) years of experience as crew
leader, field supervisor, or equivalent.
• Certified tree inspector or able to require within 6 month of employment
• Current state certification or licensing as a pesticide applicator within 6 month of
employment.
Desirable Qualifications
• Ten (10) supervisory experience.
• Certified Arborist
Physical Demands and Working Environment
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations maybe made to
enable individuals with disabilities to perform the essential functions.
While performing the duties of this j ob, the employee is regularly required to talk or hear. The employee is
frequently required to stand, walk, sit, use hands. The employee is occasionally required to reach with
hands and arms, climb or balance, and stoop, kneel, crouch or crawl. The employee must occasionally lift
and/or move up to 50 pounds. Specific vision abilities required by this job include close vision, distance
vision, peripheral vision, depth perception, ability to adjust focus, and ability to see color.
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job,
the employee is frequently exposed to outdoor weather conditions. The noise level in the work
environment is usually moderate.
The City of Orono is an Equal Opportunity Employer
AGENDA ITEM
Item No.: 7
Date: October 23, 2023
Item Description: Carman Bay Lake Improvement District Levy — Resolution 7418
Presenter: Ron Olson Agenda Consent Agenda
Finance Director Section:
1. Purpose. The purpose of this agenda item is to adopt a Resolution 7418 Certifying the Assessment
Roll of the Carman Bay Lake Improvement District.
2. Background. On July 24t1i, 2017 the Orono City Council passed resolution number 6781, A
Resolution Approving the Establishment of the Carman Bay Lake Improvement District. The district is
required to hold an annual meeting in which it adopts an annual budget and a tax roll. On September 28,
2023 the district held its annual meeting and adopted its 2024 budget and tax roll. The district has
forwarded the assessment roll to the City for certification to Hennepin County.
3. Staff Recommendation. Staff recommends the adoption of the attached resolution levying the
Assessment Roll for the Carman Bay Lake Improvement District.
COUNCIL ACTION REQUESTED
Motion to adopt Resolution 7418 Certifying the Assessment Roll of the Carman Bay Lake Improvement
District.
Exhibits
A. Annual Meeting Minutes
B. Assessment Role
C. Resolution
Prepared By: ?jC
Reviewed By: AyD
Approved By: 7E
CARMAN BAY LAKE IMPROVEMENT DISTRICT
ANNUAL MEETING
Meeting Minutes
Date: September 28, 2023
Place: Good Shepherd Church, 3745 Shoreline Drive, Wayzata, MN 55391
Present: Board members Mark Kieper, Steve Nielsen, Ted Chalupsky, Kevin Kennefick, and
Dave Owen
Absent: Mary Tucker and Mark Plewka
Others attending: 10 Carman Bay residents.
Next Meeting: TBD
I. Call to Order
Meeting was called to Order at 6:01 p.m. by Chairman Mark Kieper.
II. Establish Quorum
A quorum was established. 5 of 7 Board Members in attendance. A simple majority constitutes a
quorum.
III. Proof of Notice of Meeting
Proof of Notice of Meeting established by Chairman Kieper. Notice posted on CBLID website on Aug.
22, published in Laker Pioneer newspaper Sept. 2, emailed to Orono City Council, Commissioner of the
MN PCA, and Commissioner of the MN DNR on Aug. 22, mailed to all 112 Carman Bay property own-
ers on Sept. 7 (postmark), and mailed to the Orono City Council, Commissioner of the MN PCA, and
Commissioner of the MN DNR on Sept. 7 (postmark).
IV. Approval of Minutes
Chalupsky put forward a "Motion to waive the Secretary's reading and approve the August 15, 2023
Board Meeting minutes." 2" d by Nielsen.
VOTE by the Board, Ayes 4, Nays 0. MOTION PASSES.
V. Treasurer's Report
Chalupsky presented the estimated receipts and expenses for 2022 and 2023 (see attached "2024 Pro-
posed Budget, September 25, 2023"). The budget shows a carryover from year to year that we are try-
ing to maintain to allow us to treat for any new invasives, such as Starry Stonewort, if this were to occur
in the future. We don't want to get caught without sufficient funds to treat. In 2022 we received a DNR
grant, but not in 2023. DNR grants are becoming harder to get, but we will continue applying for them.
Two chemicals were used: Diquot and ProcellaCor to treat Curlyleaf Pondweed (CLP) and Eurasian wa-
termilfoil (milfoil). Kieper stated that another reason we need reserves is that we usually must pay for
treatments before each year's tax receipts arrive. Half of this year's receipts arrived in August after the
season's expenses were paid, and half will arrive between December and February of next year. There
10/1/2023
Attachment A - CB LID Minutes
is no way for the LID to raise funds other than tax receipts and occasional grants, so we must have suffi-
cient funds on hand at the beginning of each treatment season.
A question was raised regarding why the expenses doubled from 2021 to 2022. Kieper stated that the
biggest factor is the use of ProcellaCor, which is a selective herbicide that targets milfoil, vs. Diquot,
which is a broad spectrum herbicide. ProcellaCor is roughly 10 times more expensive than Diquot per
unit of treatment. Nielsen stated that we save some money by using a mixture of Diquot and Procel-
laCor vs. in the past using just ProcellaCor alone. The cost of all chemicals also has gone up. In addi-
tion, the acreage treated varies from year to year.
An audience member questioned whether we have the LID's funds in an interest bearing account. Kie-
per stated no, but we will look into that with the bank.
VI. Unfinished Business
None
VII. New Business
A. 2023 Aquatic Plant Survey of Carman Bay
Kieper reviewed the results of the LID treatments this year. A Point Intercept Survey done on Au-
gust 10' detailed how much Eurasian Watermilfoil (milfoil) and Curlyleaf Pondweed (CLP) was
left after treatments. (This report, "2023 Aquatic Plant Survey: Carmans Bay..." is available on the
CBLID website.) The survey took 167 samples in the bay to observe the abundance and density of
all weeds. The DNR goal, and ours, is to have less than 20% occurrence of CLP and milfoil, the
only plants we can treat for, at the time of the survey. CLP dies off naturally by mid -summer, so
very little of it was found. Milfoil had an occurrence of 18%, meeting our goal of under 20% and a
density of 0.2%, almost zero, with only small fragments found. This means we had a successful
treatment year. Prior to treatment, the DNR must approve our plan for areas to be treated. Only
areas with a high density of invasives will be approved. There were areas not treated because the
density of the milfoil was too low, and they showed up in the Aquatic Plant Survey. Nielsen said
that before treatments began 15 to 20 years ago, the density of milfoil was near the max on a scale
of 0-4. To be at 0.2% is a huge improvement. Invasives will not be eradicated.
There was discussion about the invasive species we can and do treat for, milfoil and CLP, and the
native plants we cannot treat for. We cannot imagine a future in which the DNR would allow us to
target native plants. The last two years the lake level has been low and the water warm, which sup-
ports both invasive and native weed growth. We recognize that Bay residents are currently seeing a
lot of weeds, but the weeds people are now seeing (in September) are overwhelmingly native plant
species that the LID is not allowed to treat.
Last fall the Lake Minnetonka Association (LMA) conducted an inspection looking for Starry
Stonewort at 4 - 5 launch ramps in Lake Minnetonka. They fortunately found no Starry Stonewort.
LMA now feels they need to inspect for Starry Stonewort annually. Once it is established it is al-
most impossible to eradicate, and very expensive to control.
2
10/1/2023
Attachment A - CB LID Minutes
B. Proposed Budget and Tax Levy for 2024
The Carman Bay property owners present at the meeting vote to approve of the Budget and Tax
Levy.
1. Proposed Budget for 2024
At each Annual Meeting there is a budget proposed and ideally approved for the following year
to meet the financial requirements of the CBLID. The Board recommends setting the forecasted
2024 Aquatic Invasive Species (AIS) treatment expenses at $29,700 (see attached "2024 Pro-
posed Budget, September 25, 2023"). This is based on our applicator's (PLM) forecast for
treating 33 acres (25 acres CLP and 8 milfoil). 2024's estimated treatment acreage, 33, is con-
sistent with the past 4 years (27-37 combined acres). ProcellaCor cost per unit ($78) is un-
changed from 2023. Diquat increased from $99 to $120 per unit. We anticipate the cost of Pro-
cellaCor will increase for the 2025 season.
2. Proposed Tax Levy for 2024
At each Annual Meeting there is also a tax levy proposed and ideally approved sufficient to
meet the budget requirements, including the proposed distribution of such levy among the prop-
erty owners. The Board recommends a 2024 levy in an amount to substantially replace the
2024 estimated AIS treatment expenses of $27,900. Maintaining increments of $50 per prop-
erty, a $250 levy for tax year 2024 x 112 properties = $28,000. We do not feel it is advisable to
plan on receipt of intergovernmental grant money or substantially alter working funds from the
target of $70,000+/-.
Chalupsky put forward a "Motion to approve, by voice with one vote per property, the budget as
presented for the 2024 fiscal year (dated September 25, 2023), based on the estimated AIS project
expenses of $29,700; and approve a special assessment levy of $28.000 net to be shared equally as
$250 for each of the 112 property owners." 2nd by Owen.
VOTE by voice vote of Board and those in attendance: votes Ayes 9 and Nays 1.
MOTION PASSES.
C. Nomination & Election of Board of Directors
The Carman Bay property owners present at the meeting vote to elect CBLID Board members. The
terms are for 2 years, and are staggered. Three Board members' 2-year terms are expiring. Nomi-
nations from the public must be received by the Board by June 1" as required by the CBLID By-
laws. The CBLID did not receive a request for any absentee ballot nor receive any. There are no
property owners not currently on the Board desiring to stand for election. Three of the four incum-
bents, Mark Kieper, Ted Chalupsky and Dave Owen have agreed to run again for another 2 years.
Chalupsky put forward a "Motion to nominate Mark Kieper, Ted Chalupsky and Dave Owen to the
three open Board seats and elect, by voice with one vote per property, to 2-year terms to expire at
the 2025 Annual Meeting." 2' by Kennefick.
VOTE by voice vote of Board and those in attendance: All who voted, voted Aye, Nays 0.
MOTION PASSES.
10/1/2023
Attachment A - CB LID Minutes
D. Election of Officers
The Board elects the four officers for 1-year terms. Chalupsky is willing to accept the Treasurer's
position, Nielsen is willing to accept the Vice Chair position (after retiring from the Chairman posi-
tion last year), and Kieper wishes to continue as Chairman, as does Owen as Secretary.
Kennefick put forward a "Motion to nominate Mark Kieper as Chair, Steve Nielsen Vice Chair, Ted
Chalupsky Treasurer, and Dave Owen Secretary, and elect, by voice, to the 1-year term to expire at
the 2024 Annual Meeting."
VOTE by the Board, Ayes 5, Nays 0. MOTION PASSES.
E. Other New Business
None
VIII. Announcements
A. Board Member Resignation
Mark Plewka has resigned his seat on the CBLID Board. He served as Vice Chair. We thank him
for his years on the Board.
B. Amendments to the Bylaws
Two changes were made to the Bylaws to open CBLID Board opportunities to more residents.
First, we revised the Bylaws from requiring 7 members on the LID Board, to requiring a range, a
minimum of 5 members and a maximum of 9. Second, we revised the deadline to file to become a
candidate for election to the Board, previously June I", to August lst
On the CBLID website, which is accessed through the City of Orono website, there is much information
about the LID. People can also sign up to receive notices of new postings on the website and meeting
announcements.
IX. Public Comments
None
X. Adjournment
Motion to adjourn by Chalupsky, 2nd by Kennefick.
VOTE by the Board, Ayes 5, Nays 0. MOTION PASSES Meeting adjourned at 6:52 pm.
Attachments:
"2024 Proposed Budget, September 25, 2023"
Submitted by Dave Owen, Secretary of the Board.
11
10/1/2023
Attachment A - CB LID Minutes
Carman Bay Lake Improvement District
2024 Proposed Budget, September 25, 2023
2019
2020
2021
2022
2023
2024
Source of Funds
Actual
Actual
Actual
Actual
Estimated
Budget
Caryoverfrom prioryear
$22,642.78
$14,001.79
$43,242.66
$68,5RD. 14
$73,169.18
$70,o94.58
Tax receipts
$20,042.67
$34,096.34
$33,630.61
$22,582.25
$22,600.00 ?
$28,250.00
Grants from DNR
$9,135.00
$5,000.00
$9,000.00
Total Available
$42,685.45
$57,233.12
$81,873.27
5100,262.19
595,709.18
598,344.58
Expenses
PLM:
CLP and EWM Delineation
$2,300.00
2,200.00
$2,300.00
$2,200.00
$2,500.00
$2,520.00
CLP Treatment Diquat
$3.007.00
3,795.00
$2,635.16
$3,941.00
$3,712.50
$6,000.00
EWMTreatment Diquat
$3,328.00
523.00
$0.00
$4,000.00
$0.00
$0.00
EWMTreatmentProcellaCor
$17,592.00
4,949.90
$5,974.00
$14,568.90
$16,132.60
$19,679.20
Point I ntercept Survey
$2,200.00
2,400.00
$2,200.00
$2,35D.00
$2,4%.00 ?
$2,500.00
Lake Mgmt Vegetation Plan
Total PLM
$2%427.00
13,766.00
$13,109.16
$27,059.90
$24,745.10
$29,699.20
Misc. Exp
$256.57
224.46
$183.97
$93.41
$959.50
$1,000.00
Total Expenses
529,693.67
513,990.46
513,293.13
$27,153.21
525,614.&0
530,699.20
Remaining Carryover 514,001.78 $43,242.66 568,580.14 1 573,109.1811 570,094.581 1 567,645.3s
Note: 2024 assumes an increase in Tax assessment of $50.00 to $250 per property owner
(*) Contingency dollars can be authorized by the board if needed in any given year
CLIP is Curly Leaf Pondweed Tribune (Diquat) is a less expensive treatment used in narrow bands of Milfoil
EWM is Eurasian Water Milfoil ProcellaCor is a new treatment for dense Milf oil control
E
10/1 /2023
Attachment A - CB LID Minutes
Special Assessment for 2024 Taxes
Carman Bay Lake Improvement District, Post Office Box 124
Crystal Bay, MN 55323
City of Orono
Adopted at CBLID Annual Meeting September 28, 2023
Hennepin County GIS Propery Map Identification
House #
Street
Property Identification
Levy $
3295
Carman Rd
2011723140014
$ 250.00
3265
Carman Rd
2011723140011
$ 250.00
3225
Carman Rd
2011723140009
$ 250.00
3285
Carman Rd
2011723140013
$ 250.00
3245
Carman Rd
2011723140010
$ 250.00
3300
Carman Rd
2011723140015
$ 250.00
3275
Carman Rd
2011723140012
$ 250.00
2480
Carman St
2011723120028
$ 250.00
2474
Carman St
2011723120027
$ 250.00
2470
Carman St
2011723120066
$ 250.00
2490
Carman St
2011723120065
$ 250.00
2414
Carman St
2011723120064
$ 250.00
2450
Carman St
2011723120059
$ 250.00
2440
Carman St
2011723120058
$ 250.00
2726
Caroline Ave
2011723240005
$ 250.00
2690
Caroline Ave
2011723240033
$ 250.00
2732
Caroline Ave
2011723240041
$ 250.00
2696
Caroline Ave
2011723240034
$ 250.00
2691
Caroline Ave
2011723240025
$ 250.00
3700
Casco Ave
2011723310040
$ 250.00
3650
Casco Ave
2011723310043
$ 250.00
3630
Casco Ave
2011723310041
$ 250.00
3600
Casco Ave
2011723310042
$ 250.00
3247
Casco Circle
2011723430009
$ 250.00
3231
Casco Circle
2011723430016
$ 250.00
3237
Casco Circle
2011723430013
$ 250.00
3241
Casco Circle
2011723430050
$ 250.00
3251
Casco Circle
2011723430007
$ 250.00
3249
Casco Circle
2011723430008
$ 250.00
3243
Casco Circle
2011723430010
$ 250.00
3235
Casco Circle
2011723430014
$ 250.00
3233
Casco Circle
2011723430015
$ 250.00
3229B
Casco Circle
2011723430003
$ 250.00
3229
Casco Circle
2011723430004
$ 250.00
2590
Casco Point Rd
2011723210034
$ 250.00
2530
Casco Point Rd
2011723210014
$ 250.00
3026
Casco Point Rd
2011723340026
$ 250.00
2648
Casco Point Rd
2011723240039
$ 250.00
Attachment B - CB LID Assessment Roll
3034
Casco Point Rd
2011723430051
$ 250.00
2510
Casco Point Rd
2011723210016
$ 250.00
2948
Casco Point Rd
2011723310036
$ 250.00
2600
Casco Point Rd
2011723240043
$ 250.00
2660
Casco Point Rd
2011723240002
$ 250.00
3020
Casco Point Rd
2011723340025
$ 250.00
2970
Casco Point Rd
2011723310060
$ 250.00
2930
Casco Point Rd
2011723310034
$ 250.00
2980
Casco Point Rd
2011723310061
$ 250.00
2990
Casco Point Rd
2011723310038
$ 250.00
2920
Casco Point Rd
2011723310033
$ 250.00
2914
Casco Point Rd
2011723310031
$ 250.00
2916
Casco Point Rd
2011723310032
$ 250.00
2520
Casco Point Rd
2011723210017
$ 250.00
3030
Casco Point Rd
2011723430052
$ 250.00
2480
Casco Point Rd
2011723210037
$ 250.00
2684
Casco Point Rd
2011723240003
$ 250.00
2540
Casco Point Rd
2011723210038
$ 250.00
2940
Casco Point Rd
2011723310035
$ 250.00
2528
Casco Point Rd
2011723210015
$ 250.00
2500
Casco Point Rd
2011723210010
$ 250.00
2618
Casco Point Rd
2011723240038
$ 250.00
2697
Ethel Ave
2011723240045
$ 250.00
2696
Ethel Ave
2011723240044
$ 250.00
2691
Ethel Ave
2011723240046
$ 250.00
3555
Frederick St
2011723120017
$ 250.00
3585
Frederick St
2011723120067
$ 250.00
3565
Frederick St
2011723120068
$ 250.00
3535
Ivy PI
2011723420035
$ 250.00
3550
Ivy PI
2011723420016
$ 250.00
3545
Ivy PI
2011723420034
$ 250.00
3546
Ivy PI
2011723420018
$ 250.00
3548
Ivy PI
2011723420017
$ 250.00
3486
Ivy PI
2011723420031
$ 250.00
3532
Ivy PI
2011723420033
$ 250.00
3508
Ivy PI
2011723420036
$ 250.00
3466
Ivy PI
2011723430006
$ 250.00
3516
Ivy PI
2011723420022
$ 250.00
3560
Ivy PI
2011723420027
$ 250.00
3534
Ivy PI
2011723420019
$ 250.00
3600
Ivy PI
2011723420038
$ 250.00
3570
Ivy PI
2011723420040
$ 250.00
2655
Kelly Ave
2011723140025
$ 250.00
2507
Kelly Ave
2011723120063
$ 250.00
2515
Kelly Ave
2011723120038
$ 250.00
2525
Kelly Ave
2011723110022
$ 250.00
2565
Kelly Ave
2011723140019
$ 250.00
2695
Kelly Ave
2011723140008
$ 250.00
2501
Kelly Ave
2011723120053
$ 250.00
Attachment B - CB LID Assessment Roll
2699
Kelly Ave
2111723230041
$ 250.00
2697
Kelly Ave
2011723140007
$ 250.00
2509
Kelly Ave
2011723120037
$ 250.00
2499
Kelly Ave
2011723120052
$ 250.00
2545
Kelly Ave
2011723110023
$ 250.00
2625
Kelly Ave
2011723140026
$ 250.00
2503
Kelly Ave
2011723120054
$ 250.00
2523
Kelly Ave
2011723120039
$ 250.00
2585
Kelly Ave
2011723140020
$ 250.00
2701
Kelly Ave
2111723230040
$ 250.00
2497
Kelly Ave
2011723120051
$ 250.00
2587
Kelly Ave
2011723140021
$ 250.00
2605
Kelly Ave
2011723140022
$ 250.00
2710
Pence Ln
2111723230064
$ 250.00
2715
Pence Ln
2111723320007
$ 250.00
2800
Pheasant Rd
2111723320004
$ 250.00
2799
Pheasant Rd
2111723320003
$ 250.00
2795
Pheasant Rd
2111723320002
$ 250.00
2791
Pheasant Rd
2111723320001
$ 250.00
2789
Pheasant Rd
2111723320005
$ 250.00
2705
Walters Port Ln
2111723230043
$ 250.00
2709
Walters Port Ln
2111723230063
$ 250.00
2707
Walters Port Ln
2111723230044
$ 250.00
2702
Walters Port Ln
2111723230039
$ 250.00
2703
Walters Port Ln
2111723230042
$ 250.00
112 Properties Total $ 28,000.00
Mark D. Kieper (612) 860-6607
Chairman mkieper@comcast.net
30-Sep-23
(*) PIUS audited by M.Kieper on Auguust 24, 2023 using the Hennepin
County property address seach tool
https://www16.co.hennepin.mn.us/pins/?articleld=by_address#by_address
and found no changes as compared to last year PlUs.
Attachment B - CB LID Assessment Roll
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7418
A RESOLUTION CERTIFYING THE ASSESSMENT ROLL OF THE
CARMAN BAY LAKE IMPROVEMENT DISTRICT
Whereas, The Carman Bay Lake Improvement District has adopted its 2024 budget and
tax levy; and
Whereas, The district has forwarded the assessment roll to the City for approval; and
Whereas, Hennepin County requires the City to approve the assessment roll for
certification to the property tax rolls.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as
follows:
That the Hennepin County Special Assessment Division is hereby authorized to place the
costs totaling $28,000, on the 2023 property tax rolls, payable in 2024.
ADOPTED this day of , by the City Council of the
City of Orono.
CITY OF ORONO
Dennis Walsh, Mayor
ATTEST:
Nola Dickhausen, Interim City Clerk
AGENDA ITEM
Item No.:
Date: October 23, 2023
Item Description: Declare part-time firefighter eligible for PERA— Resolution 7419
Presenter: Ron Olson Agenda Consent Agenda
Finance Director Section:
1. Purpose. The purpose of this agenda item is to gain council approval of a resolution to declare that
the position of a part-time fire fighter qualifies for membership in the Police and Fire Plan of the Public
Employees Retirement Association (PERA).
2. Background. The Orono Fire Department is in the process of hiring part-time firefighters for
weekday duty crews. As part of the hiring action, the part-time firefighters are to be part of the Police and
Fire Plan of PERA. Enrollment in PERA requires that the city pass a resolution declaring that the position
is qualified to participate in PERA. Tonight's action is required to allow the newly hired employees to
participate in PERA.
3. Staff Recommendation. Staff recommends approval of the to declare that the position of part-time
firefighter is primarily responsible for firefighting and qualifies for membership in the Police and Fire
Plan of PERA.
COUNCIL ACTION REQUESTED
Adoption of resolution 7419, a resolution to declare that the position of part-time firefighter is primarily
responsible for firefighting and qualifies for membership in the Police and Fire Plan of the Public
Employees Retirement Association.
Exhibits
A. Resolution
Prepared By: J-1 je
Reviewed By: JW je
Approved By:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7419
A RESOLUTION TO DECLARE THAT THE POSITION OF PART-TIME FIREFIGHTER IS
PRIMARILY RESPONSIBLE FOR FIRE FIGHTING AND QUALIFIES FOR MEMBERSHIP
IN THE POLICE AND FIRE FUND OF THE PUBLIC EMPLOYEES RETIREMENT
ASSOCIATION.
WHEREAS, the policy of the State of Minnesota as declared in Minn. Stat. Section 353.63 is to
give special consideration to firefighters who are required to perform hazardous work and who
devote their time and skills to protecting the property and personal safety of others; and
WHEREAS, Minnesota Statutes Chapter 353 permits the governing body of a governmental
subdivision to request coverage in the Public Employees Police and Fire Plan for all services
rendered by an employee holding a fire service position that requires firefighting on a primary
basis and related non -fire firefighting duties on a secondary basis; provided further, that none of
the firefighting services rendered by the employee are earning credits in a relief association that
operates under Chapter 424A; and
WHEREAS, for the governing body to declare to the Public Employees Retirement Association
that a fire department position with dual roles is that of a firefighter who is eligible to participate
in the Police and Fire Plan, the duties and training qualifications of the position and employee
must meet the following minimum requirements:
a. The position requires and the employee holds a Firefighter I or Firefighter II state
certification or meets equivalent training standards established by the fire
department; and
b. The primary services of the position are fire -fighting. Primary is understood to
mean the highest priority task and a job requirement that the employee respond on
a regular basis to the fire calls (and medical emergencies if applicable) that are
received at the fire station to which the employee is assigned during the
employee's established work hours.
BE IT RESOLVED that the City Council of the City of Orono hereby declares that the position
titled PT Fire -Fighter is for primary services that of a firefighter and qualifies for membership in
the Police and Fire Plan.
BE IT FURTHER RESOLVED that this governing body hereby requests that the employee
holding this position be accepted as a member of the Police and Fire Plan effective the date of
this employee's initial Police and Fire Plan salary deduction by the governmental subdivision.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7419
ADOPTED this day of
City of Orono.
by the City Council of the
CITY OF ORONO
Dennis Walsh, Mayor
ATTEST:
Nola Dickhausen, Interim City Clerk
AGENDA ITEM
Item No.: 9
Date: October 23, 2023
Item Description: Capital Lease Approval — Huntington Bank
Presenter: Ronald John Olson Agenda Consent Agenda
Finance Director Section:
1. Purpose. The purpose of the action item is to gain approval for staff to negotiate a lease agreement
with Huntington Bank for the purchase of the used 2017 Rosenbauer Pumper Rescue vehicle for the
Orono Fire Department.
2. Background. On August 28' the Council approved the purchase of the 2017 Rosenbauer fire
vehicle. The Council also directed staff to obtain competitive lease proposals for the financing of the
vehicle. After consultation with Ehlers's, the city's financial advisor, staff contacted Bridgewater Bank,
Huntington Bank, and Rev Financial services for proposals. Bridgewater, the city's current bank, does
not offer lease programs. Staff reviewed proposals by Rev Financial and Huntington Bank. The rates are
as follows:
Financial Inst
Rate
Term
Interest
Huntington Bank
5.0
6 years
$ 82,360
Rev Financial
6.3
7 years
$101,120
3. Cost. The total interest cost with Huntington Bank will be $82,360. There will be an additional $250
documentation fee.
4. Funding. Funding will be from the Fire Capital Fund. The fund balance at the end of 2024 is
estimated to be $178,500.
5. Staff Recommendation. Staff recommends that Council grants staff the authority to negotiate and
enter into a lease with Huntington Bank based on the attached term sheet.
COUNCIL ACTION REQUESTED
Motion to allow staff to negotiate and enter into a lease agreement with Huntington Bank.
Exhibits:
A. Term Sheet
B. Payment Schedule
C. Draft Lease
Prepared By: SIC
Reviewed By: Ayo
Approved By: 7E
IN�Ii Huntington
DATE:
TYPE OF TRANSACTION
LESSEE:
LESSOR:
ESCROW AGENT:
FINANCED AMOUNT:
USE OF PROCEEDS:
TERM SHEET
October 17, 2023
Lease -Purchase Agreement (the "Lease")
City of Orono, Minnesota
Huntington Public Capital Corporation or related subsidiary
The Huntington National Bank (if needed).
$484,900
To finance purchase of Used 2017 Rosenbauer Pumper (the "Equipment")
STRUCTURE/SECURITY: The Lease shall be payable from legally available revenues of the Lessee. Pursuant to
the Lease documentation, the Lessee shall hold title to the Equipment and grant Lessor a
continuing, first prior security interest in any and all right, title and interest of Lessee in
the Equipment and in all additions, attachments, accessions, and substitutions thereto.
TAX STATUS: Tax -Exempt, Bank Qualified
COMMENCEMENT DATE: TBD
If escrow funding is required, the Financed Amount will be deposited with the Escrow
Agent on the Commencement Date for the benefit of the Lessee. As Equipment is
delivered to and accepted by the Lessee, disbursements will be made by the Escrow
Agent at the direction of the Lessee and with the written approval of Lessor
TERM: 6 years
PAYMENT FREQUENCY: Semi -Annual in advance
INTEREST RATE: 5.00%
RATE ADJUSTMENT: If the funding of the Lease has not occurred by November 30, 2023, then the Interest
Rate and payment will be adjusted to maintain Lessor's economics as of the date of
issuing this Term Sheet.
FEES: Documentation Fee: $250.00
Escrow Fee, if needed: $500.00
PREPAYMENT OPTION: The Lease may be prepaid at any time (in whole, but not in part) at a price equal to the
then outstanding balance ("Balance"), plus accrued interest, plus a prepayment premium
calculated as follows: 3% of the Balance if paid in the first 12 months of the Lease Term;
2% of the Balance if paid in the second 12 months of the Lease Term; and 1 % of the
Balance if paid after the second 12 months of the Lease Term.
INSURANCE: Lessee, at its own expense, will provide insurance naming Lessor as loss payee and
additional insured.
WARRANTIES: Lessor makes no warranties expressed or implied. Lessee's sole warranty rights are any
provided by the Equipment vendors and/or manufacturers.
Exhibit A - Term Sheet
Term Sheet for Lease -Purchase Financi
NET LEASE: Lessor is not a manufacturer or dealer of equipment. All maintenance, license fees,
taxes, insurance, and any other costs related to ownership and operation of the
Equipment shall be the responsibility of Lessee.
DOCUMENTATION: Lessor contemplates using standardized documentation and intends to use in-house
legal counsel. Huntington will require that an opinion of tax exemption be provided at
closing. If this transaction necessitates that the Lessor use outside legal counsel or incur
any other extraordinary expenses, such costs shall be borne by Lessee.
CREDIT APPROVAL: The terms set forth herein reflect a proposed, preliminary structure and are subject to
final credit approval by Lessor and the negotiation of mutually acceptable documentation.
They do not represent all of the terms and conditions that may ultimately be included in a
financing between Lessee and Lessor.
PROPOSAL EXPIRATION: This proposal shall expire at Lessor's option if (a) Lessor has not received the Lessee's
written acceptance by October 24, 2023; or (b) if the funding does not occur on or before
November 30, 2023.
HUNTINGTON CONTACT: Jonathan K. Schatz, Assistant Vice President
Huntington Public Capital
Phone: (414) 351-8503
Email: Jonathan.k.schatz@huntington.com
Respectfully Submitted,
)Y//,� )� 4
ACCEPTED BY:
City of Orono, Minnesota
Signature
Printed Name
Title
Date
Huntington Public Capital® ("HPC'), a division of The Huntington National Bank (the "Bank'), is providing the information contained in this document for
discussion purposes only in connection with an arms -length transaction under discussion between you and HPC. If you are a "municipal entity" or
"obligated person" within the meaning of the municipal advisor rules (the "Rules') of the Securities and Exchange Commission, Rule 15Ba1-1 et seq.
this information is provided to you pursuant to and in reliance upon the "bank exemption, " and/or other exemptions and/or the "general information"
exclusion provided under the Rules. HPC is acting for its own interest and has financial and other interests that differ from yours. HPC is not acting as a
municipal advisor or financial advisor, and has no fiduciary duty, to you or any other person pursuant to the Rules. The information provided in this
document is not intended to be and should not be construed as "advice" within the meaning of the Rules. HPC is not recommending that you take or
refrain from taking any action with respect to the information contained in this document. Before acting on this information, you should discuss it with
your own financial and/or municipal, legal, accounting, tax and other advisors as you deem appropriate. As used in this notice, the "Rules" means
Section 15B of the Securities Exchange Act of 1934, the Securities and Exchange Commission's Rule 15Ba1-1, et seq., and any related municipal
advisor rules of the Municipal Securities Rulemaking Board, all as they may be amended from time to time.
Exhibit A - Term Sheet
10/13/2023 8:57 AM
City of Orono Fire Truck
Compounding Period: Semiannual
Nominal Annual Rate: 5.000%
Cash Flow Data - Loans and Pavments
1 Loan 12/01/2023 484,900.00 1
2 Payment 06/01/2024 47,271.51 12 Semiannual 12/01/2029
TValue Amortization Schedule - Normal, 30
Loan 12/01/2023
484,900.00
2023 Totals
0.00
0.00
0.00
1 06/01/2024
47,271.51
12,122.50
35,149.01
449,750.99
2 12/01/2024
47,271.51
11,243.77
36,027.74
413,723.25
2024 Totals
94,543.02
23,366.27
71,176.75
3 06/01/2025
47,271.51
10,343.08
36,928.43
376,794.82
4 12/01/2025
47,271.51
9,419.87
37,851.64
338,943.18
2025 Totals
94,543.02
19,762.95
74,780.07
5 06/01/2026
47,271.51
8,473.58
38,797.93
300,145.25
6 12/01/2026
47,271.51
7,503.63
39,767.88
260,377.37
2026 Totals
94,543.02
15,977.21
78,565.81
7 06/01/2027
47,271.51
6,509.43
40,762.08
219,615.29
8 12/01/2027
47,271.51
5,490.38
41,781.13
177,834.16
2027 Totals
94,543.02
11,999.81
82,543.21
9 06/01/2028
47,271.51
4,445.85
42,825.66
135,008.50
10 12/01/2028
47,271.51
3,375.21
43,896.30
91,112.20
2028 Totals
94,543.02
7,821.06
86,721.96
11 06/01/2029
47,271.51
2,277.81
44,993.70
46,118.50
12 12/01/2029
47,271.51
1,153.01
46,118.50
0.00
2029 Totals
94,543.02
3,430.82
91,112.20
Grand Totals
567,258.12
82,358.12
484,900.00
Page 1 of 2
Exhibit A - Payment Schedule
10/13/2023 8:57 AM
City of Orono Fire Truck
Last interest amount increased by 0.05 due to rounding.
ANNUAL
FINANCE
Amount Financed
Total of Payments
PERCENTAGE
CHARGE
RATE
The amount of credit
The amount you will
The dollar amount the
provided to you or on
have paid after you
The cost of your credit
credit will cost you.
your behalf.
have made all
as a yearly rate.
payments as
scheduled.
5.000%
$82,358.12
$484,900.00
$567,258.12
Page 2 of 2
Exhibit A - Payment Schedule
HUNTINGTON PUBLIC CAPITAL CORPORATION
MASTER LEASE AGREEMENT NO.
(tax exempt)
Dated as of: October , 2023 (the "Agreement Date")
THIS MASTER LEASE AGREEMENT (this "Agreement") is made by and between Huntington Public Capital Corporation, a
Nevada corporation, and its successors or respective assigns ("Lessor") and City of Orono, Minnesota ("Lessee").
Section 1. CERTAIN TERMS AND DEFINITIONS.
As used throughout this Agreement, the following terms shall have the meanings listed herein:
(a) "Acceptance Certificate" shall mean an acceptance certificate provided by Lessor in a form acceptable to Lessor;
(b) "Agreement" shall mean this Master Lease Agreement and all Schedules hereto;
(c) "Code" shall mean the Internal Revenue Code of 1986, as amended, and the Regulations;
(d) "Concluding Payment" shall mean the unpaid principal balance of a Lease as of the due date of each Lease Payment as set forth
on the related Schedule, assuming that Lessee has paid the Lease Payment that is due on such date;
(e) "Counsel" shall mean an attorney duly admitted to the practice of law before the highest court of the State;
(f) "Default Interest Rate" shall mean the lower of 18% per annum or the highest interest rate permitted by State law;
(g) "Environmental Laws" shall mean any federal, state or local law, rule or regulation pertaining to the protection of the
environment;
(h) "Equipment" shall mean all items of property described in Schedules and subject to this Agreement, and all replacement parts,
additions, and accessions to and made a part thereof, and substitutions and modifications thereto;
(i) "Equipment Location" shall mean the location(s) specified in a Schedule;
0) "Escrow Account" shall mean an account established pursuant to an Escrow Agreement, if any;
(k) "Escrow Agreement" shall mean an escrow agreement or a property acquisition agreement among Lessor, Lessee and an escrow
agent or a property acquisition agent pursuant to which an account is established to pay the costs of the Equipment, if any;
(1) "Event of Default" shall have the meaning set forth in Section 19 of this Agreement;
(m) "Event of Loss" shall mean the determination of Lessor, in its sole discretion, that a unit of Equipment is lost, stolen or damaged
beyond repair;
(n) "Fair Market Value" shall mean the amount of money to be paid for the Equipment by a fully informed and willing buyer/user
(including a lessee in possession) from a fully informed and willing seller assuming: (i) an arm's length transaction with neither
party under the compulsion to buy or sell; and (ii) the Equipment is valued on a fully assembled and operational basis (including
therein all necessary deinstallation, reinstallation and engineering costs) and is in the condition required by this Agreement;
(o) "Fiscal Year" shall mean the 12-month fiscal period that commences and ends every year on the dates shown on the execution
page hereof,
(p) "Initial Fiscal Period" and "Initial Term" shall mean the period from the Lease Commencement Date through the duration of
Lessee's then current Fiscal Year;
(q) "Lease" shall mean with respect to each piece of Equipment, this Agreement and the Schedule and the Acceptance Certificate
relating to such Equipment, which shall together constitute a separate contract relating to such Equipment, and the general
terms and conditions of which shall be contained in this Agreement;
(r) "Lease Commencement Date" shall mean the date that Lessor's commitment to make funds available to Lessee under the Lease
is exchanged for Lessee's commitment to make payment under the Lease, which date shall be specified in each Schedule;
(s) "Lease Payments" shall mean the rental payments evidenced by principal and interest portions of the payments due under the
Lease as specified on the payment schedule attached to the Lease;
(t) "Lease Term" shall have the meaning set forth in Section 2 of this Agreement;
(u) "Liens" shall mean levies, liens, encumbrances, leases, security interests, mortgages, pledges, judgments, attachments,
warrants, writs, other judicial processes and/or claims of any nature whatsoever by or of any person;
(v) "Manufacturer" shall mean each of the manufacturers or vendors, or authorized affiliates or agents, from whom Lessee has
ordered or with whom Lessee has contracted for the manufacture, delivery, and/or installation of the Equipment;
(w) "Net Proceeds" shall mean any insurance proceeds or condemnation awards paid with respect to any Equipment remaining
after payment therefrom of all expenses incurred in the collection thereof,
(x) "Non -Appropriation Event" and "Non -Renewal Event" shall have the respective meanings set forth in Subsection 5.2 of this
Agreement;
(y) "Opinion of Counsel" shall mean an opinion of Lessee's Counsel in a form provided by and acceptable to Lessor;
(z) "Permitted Modifications" shall mean modifications which, as determined by Lessor, do not: (i) impair the originally intended
function, capabilities, specifications and performance of any unit of Equipment; (ii) impair any maintenance agreements,
warranties or licenses with respect to any unit of Equipment; (iii) violate any Manufacturer requirements; (iv) adversely affect
the Equipment's resale value; and (v) cause any damage to any unit of Equipment upon removal;
(aa) "Prepayment Date" and "Prepayment Premium" shall have the respective meanings set forth in Section 17 of this Agreement;
(bb) "Regulations" shall mean the applicable proposed, temporary, or final Income Tax Regulations promulgated by the United
States Department of the Treasury under the Code or, to the extent applicable to the Code, under the Internal Revenue Code of
1954, as such regulations may be amended or supplemented from time to time;
(cc) "Renewal Act" shall mean the affirmative act of Lessee whereby Lessee gives notice of its intent to renew the affected Lease
for the applicable Renewal Term, provided, that, if permitted by applicable State law, the act of the governing body of Lessee
whereby it appropriates funds to pay Lease Payments for a Lease that are due and payable in such succeeding Renewal Term
shall be deemed such an affirmative act of Lessee;
(dd) "Renewal Term" shall mean each twelve month period that shall correspond to Lessee's Fiscal Year and shall commence on
the first day following the last day of the Initial Term or the preceding Renewal Term, as the case may be, provided, that the
last scheduled Renewal Term of any Lease shall be such lesser number of months as may be necessary to extend the Lease
Term of said Lease to the date that the last Lease Payment stated in the Schedule is due and payable;
(ee) "Return Date" shall have the respective meanings set forth in Subsection 5.2 of this Agreement.
(ff) "Schedule" shall mean a form of equipment schedule, including all exhibits thereto, provided by and acceptable to Lessor,
executed by Lessor and Lessee, describing the Equipment and setting forth the Lease Payments and Concluding Payments;
(gg) "State" shall mean the state or commonwealth in which Lessee is located; and
(hh) "Taxes" means present and future taxes, levies, duties, assessments (special or general) or other governmental charges (federal,
state and/or local) that are not based on the net income of Lessor, whether they are assessed to or payable by Lessee or Lessor,
including, without limitation (i) sales, use, excise, licensing, registration, titling, gross receipts, ownership, leasing, rental,
possession, stamp and personal property taxes, and (ii) interest, penalties, or fines on any of the foregoing.
Section 2. TERM.
2.1 This Agreement shall be in effect from the Agreement Date set forth in the first page hereof. For each Lease, its lease
term shall consist of an Initial Term and, if renewed as stated below in this Section 2.1, additional Renewal Terms (collectively, the
Initial Term and all applicable Renewal Terms shall hereinafter be referred to as the "Lease Term"). Each Lease shall automatically
terminate at the end of the Initial Term or Renewal Term then in effect unless prior to the end of the Initial Term or Renewal Term, a
Renewal Act is taken by Lessee and upon such a Renewal Act, the succeeding Renewal Term shall commence.
2.2 The Lease Term of each Lease will terminate upon the earlier of. (a) the termination of a Lease by Lessee in accordance
with Subsection 2.1, Subsection 5.2, or Section 17 hereof; (b) an Event of Default by Lessee and Lessor's or its assigns' election to
terminate such Lease pursuant to terms hereunder; or (c) the payment by Lessee of all Lease Payments and all other amounts authorized
or required to be paid by Lessee pursuant to such Lease.
Section 3. LEASE PAYMENTS. From the Lease Commencement Date, Lessee agrees to pay to Lessor or its assigns the Lease
Payments, including the principal and interest portions, equal to the amounts specified in the related Schedule, and a portion of each
Lease Payment is paid as and represents the payment of interest as set forth therein. Unless otherwise stated, the interest component
under each Schedule shall be computed on the basis of a 360-day year consisting of twelve 30-day months, from the Lease
Commencement Date at the interest rate or rates set forth in each respective Schedule. The Lease Payments will be payable, exclusively
from moneys legally available therefor, in lawful currency of the United States, without notice or demand at the designated office of
Lessor (or such other place as Lessor or its assignee may from time to time designate in writing). Lease Payments will commence on
the first Lease Payment date, which Lessor is authorized to designate and which is set forth in the related Schedule, and thereafter on
the dates set forth therein. All of Lessee's obligations under this Agreement and each Lease shall constitute a current expense of
Lessee for the Fiscal Year in which the obligation is due and shall not constitute an indebtedness of Lessee within the constitution
and laws of the State, nor shall anything contained herein or therein constitute a pledge of any taxes, funds or other moneys
(other than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net
Proceeds of the Equipment) or the full faith and credit of Lessee. Except as specifically provided in Section 5 hereof, the Lease
Payments will be absolute and unconditional in all events and will not be subject to any abatement, diminution, deduction, set-off,
defense, counterclaim, or recoupment for any reason whatsoever, including without limitation, any failure of the Equipment to be
delivered or installed, any defects, malfunctions, breakdowns, or infirmities in the Equipment or any accident, condemnation, or
unforeseen circumstances. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the
related Lease Term and hereby covenants that it will do all things lawfully within its power, including (without limitation) the exhaustion
of all administrative remedies, in order to obtain, maintain and properly request and pursue funds from which the Lease Payments may
be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining
funds, using its bona fide best efforts to have such portion of the budget approved. It is Lessee's intent to continue each Lease hereunder
for its entire Lease Term and to pay all Lease Payments relating thereto if funds are legally available therefor and in that regard Lessee
represents that the use of Equipment is essential to its proper, efficient and economic operation. If a Lease Payment or any other amount
due under a Lease is eleven (11) days or more late, then Lessee, at Lessor's option and without further demand or notice, will be assessed
a late charge equal to 5% of said late payment, but not to exceed the maximum amount allowed by law, and Lessee shall be obligated
to pay the same immediately upon receipt of Lessor's written invoice therefor; provided, that this provision shall not be applicable to
the extent that the application thereof would affect the validity of this Agreement.
PAYMENT DATES. If the due date of any payment under any Schedule shall be a day that is not a Business Day, the due date shall be
extended to the next succeeding Business Day; provided, however, that if such next succeeding Business Day occurs in the following
calendar month, then the due date shall be the immediately preceding Business Day. "Business Day" means any day other than a
Saturday, a Sunday, or other day on which Lessor is required to be closed.
Section 4. ACQUISITION, DELIVERY AND ACCEPTANCE.
4.1 Lessee shall advise Lessor of its desire to lease Equipment, the Equipment cost, the Manufacturer, the expected
delivery date and the desired lease terms for such Equipment. By execution hereof, Lessor has made no commitment to lease any
Equipment to Lessee. Nothing herein shall obligate Lessor to lease any Equipment to Lessee until Lessor has executed a Schedule
relating thereto. If Lessor, in its sole discretion, determines that the proposed Equipment may be subject to a Lease hereunder, Lessor
shall furnish to Lessee a proposed Schedule relating to the Equipment completed insofar as possible. Lessee shall order the Equipment
from the appropriate Manufacturer or Manufacturers; however, in no event, shall Lessee enter into any contract or issue a purchase order
which references Lessor. Lessor shall have no obligation to make any payment, or reimburse Lessee for any payment, made to any
Manufacturer for any Equipment (or if applicable, consent to a disbursement by an escrow agent) until five (5) Business Days after
Lessor has received all of the following in form and substance satisfactory to Lessor: (a) a Schedule executed by Lessor and Lessee; (b)
an Acceptance Certificate (however, if Lessor and Lessee agree to utilize an Escrow Agreement as provided for herein, an Acceptance
Certificate is not required until portions of the Equipment which are operationally complete or functionally independent are delivered
and accepted, or all of the Equipment is delivered and accepted); (c) a resolution, ordinance or other official action has been taken by or
on behalf of Lessee to authorize the acquisition of the Equipment on the terms provided in the Schedule and evidence thereof has been
provided to Lessor; (d) evidence of insurance with respect to the Equipment in compliance with the terms of this Agreement; (e)
Manufacturer invoices and/or bills of sale relating to the Equipment and if such invoices have been paid by Lessee, evidence of payment
thereof and, if applicable, evidence of official intent to reimburse such payment as required by the Regulations promulgated under the
Code; (f) as applicable, financing statements showing Lessee as debtor and/or the original certificate of title or Manufacturer's certificate
of origin and title application, if any, of the Equipment that is subject to certificate of title laws showing Lessor as sole lienholder; (g) a
completed and executed Form 8038-G or -GC or evidence of filing thereof with the United States Secretary of Treasury; (h) an Opinion
of Counsel; and (i) any other documents or items required by Lessor.
4.2 Notwithstanding the foregoing provisions regarding the acquisition of the Equipment, if, upon agreement by Lessor
and Lessee as to any Equipment to be acquired and leased by Lessee under this Agreement, Lessor and Lessee enter into an Escrow
Agreement, then (a) Lessor and Lessee shall immediately complete and execute a Schedule relating to the Equipment; (b) the amount
deposited by Lessor into the Escrow Account shall be repaid by the Lease Payments due under the related Lease; and (c) the Lease
Payments relating to the Equipment shall have an aggregate principal component equal to the amount of Lessor's deposit into the Escrow
Account and shall be due and payable as provided in the related Schedule commencing upon the deposit of funds by Lessor into the
Escrow Account. Lessee acknowledges and agrees that no disbursements shall be made from an Escrow Account except for portions
of the Equipment which are operationally complete and functionally independent and which may be utilized by Lessee without regard
to whether the balance of the Equipment is delivered and accepted.
4.3 Following Lessor's receipt of the foregoing documents, Lessee will cause the Equipment to be delivered to Lessee at
the Equipment Location. Lessee will pay all transportation and other costs, if any, incurred in connection with the delivery and
acceptance of the Equipment. After delivery of the Equipment, and subject to the Equipment being operational after reasonable
inspection and testing of the Equipment by Lessee, Lessee will accept the Equipment by executing and delivering to Lessor an
Acceptance Certificate. Lessor hereby leases to Lessee all Equipment made subject to a Schedule and Acceptance Certificate, and
Lessee hereby leases from Lessor such Equipment, upon the terms set forth in this Agreement and in the related Schedule and an
Acceptance Certificate. During the Lease Term, Lessor covenants to provide Lessee with quiet use and enjoyment of the Equipment,
and Lessee shall peaceably and quietly have, hold and enjoy the Equipment, without suit, trouble or hindrance from Lessor, except as
expressly set forth in this Agreement.
Section 5. NON -RENEWAL AND NON -APPROPRIATION OF FUNDS.
5.1 For each Lease, Lessee represents and warrants that the necessary funds have been appropriated to make the Lease
Payments, and meet its other obligations, with regards to the Equipment for the duration of Lessee's Initial Fiscal Period, and that such
funds have not been expended for other purposes, and that all funds appropriated for such Lease will be used for no other purpose than
to pay Lease Payments and other amounts due thereunder. With regards to appropriation for Lease Payments after the Initial Fiscal
Period, parties hereto acknowledge that such appropriation is a governmental function which Lessee cannot contractually commit itself
in advance to perform, and this Agreement does not constitute such a commitment.
5.2 If Lessee fails to renew the Lease Term of a Lease as provided in Subsection 2.1 above, then a "Non -Renewal Event"
shall be deemed to have occurred. If sufficient funds are not appropriated, budgeted, or otherwise available by any means whatsoever
in any Fiscal Year subsequent to the Initial Fiscal Period for Lease Payments due under a Lease, then a "Non -Appropriation Event"
shall be deemed to have occurred. If a Non -Appropriation Event occurs or if a Non -Renewal Event occurs, then all affected Leases,
and Lessee's interest in all Equipment subject to the affected Leases, shall terminate, in whole, but not in part, on the last day of the
Lease Term for a Non -Renewal Event or the last day of the Fiscal Year for which appropriations were received for a Non -Appropriation
Event, as the case may be (the "Return Date"). Lessee may effect such termination by providing a written notice of termination to
Lessor or the affected assignee, and by paying any Lease Payments and other amounts which are due and payable hereunder and which
have not been paid at or before the end of the Fiscal Year. Lessee shall endeavor to give notice of such termination not less than sixty
(60) days prior to the end of the Fiscal Year for which appropriations were made, and shall notify Lessor or the affected assignee of any
anticipated termination. Failure to provide said written notice of termination shall not constitute an Event of Default hereunder. Unless
Lessor makes other arrangements with Lessee in writing pursuant to Subsection 5.3 hereof, within ten (10) days of the Return Date,
Lessee shall return to Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee's sole expense, in
accordance with Subsection 5.3 hereof and the affected Lease shall terminate on the Return Date without penalty to Lessee.
5.3 In the event of a termination of a Lease following a Non -Appropriation Event or a Non -Renewal Event, or any other
termination of a Lease prior to the payment of all Lease Payments or the applicable Concluding Payment, on the Return Date (a) Lessor
may enter upon Lessee's premises where the Equipment is kept and disable the Equipment to prevent its further use by Lessee and (b)
Lessee shall promptly, but in any event within ten (10) days after such termination, at its own cost and expense: (i) perform any testing
and repairs required to place the Equipment in the condition required by Section 11 hereof; (ii) if deinstallation, disassembly or crating
is required, cause such tasks to be performed by an authorized Manufacturer's representative or such other service person as is
satisfactory to Lessor; and (iii) peaceably surrender possession of all of the Equipment and execute all documents required to transfer
Lessee's interest in all of the Equipment to Lessor or its assignee without any Liens (other than Liens in favor of Lessor) on the date of
such termination, packed for shipment in accordance with Manufacturer specifications and freight prepaid and insured to any location
in the continental United States designated by Lessor at the expense of Lessee. If Lessee fails to deliver all of the Equipment in the
manner designated by this Subsection 5.3, then Lessor will have all legal and equitable rights and remedies to take possession of the
Equipment, and charge to Lessee the costs of such repossession. With regard to a termination following a Non -Appropriation Event or
a Non -Renewal Event, if Lessee has not complied with such instructions, the termination shall nevertheless be effective, but Lessee
shall be responsible for the Lease Payments and other amounts payable under the affected Lease for which funds have been appropriated
that would thereafter come due if the Lease had not been terminated and which are attributable to the number of days after which Lessee
fails to comply with Lessor's or the related assign's instructions and for any other loss suffered by Lessor or the related assignee as a
result of Lessee's failure to act as required; accordingly, Lessee agrees that the failure to promptly return the Equipment after a Non -
Renewal Event or after Non -Appropriation as provided for in Section 5 hereof would be inequitable to Lessor, and as a result, Lessee
agrees to pay month -to -month rent at the rate set forth in the affected Lease for each month or part thereof that Lessee fails to return the
Equipment under Subsections 5.2 and 5.3, provided that any and all such amounts are subject to appropriation by Lessee. To the extent
that there is a Non -Renewal Event and/or a Non -Appropriation and all Equipment under the affected Lease is not returned by Lessee to
Lessor by the Return Date, then this Section 5.3 shall survive termination of a Lease as this Subsection is applicable to such Lease.
Section 6. LIMITATION ON WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a size, design and capacity
selected by Lessee, that Lessor is neither a Manufacturer nor a vendor of such Equipment, that Lessor is not responsible for the selection,
ordering or suitability of the Equipment, the acceptance of the order submitted, or any delay or failure to manufacture, deliver, or install
the Equipment by the Manufacturer, including its sales representative, that Lessee is solely responsible for the selection, use,
maintenance, operation and storage of the Equipment, and that LESSEE SELECTED THE EQUIPMENT WITHOUT ASSISTANCE
OF LESSOR, ITS AGENTS OR EMPLOYEES, AND LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY
REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED WITH RESPECT TO THE MERCHANTABILITY,
CONDITION, QUALITY, DURABILITY, VALUE, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE
EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF
LESSEE, OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS
OR IMPLIED, WITH RESPECT THERETO AND LESSOR SHALL NOT BE OBLIGATED OR LIABLE FOR ACTUAL,
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES TO LESSEE OR ANY OTHER PERSON OR
ENTITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE
EQUIPMENT AND THE MAINTENANCE THEREOF. During the Lease Term, so long as no Event of Default has occurred hereunder
and is continuing, Lessor has no obligation to enforce, and hereby assigns to Lessee, and irrevocably appoints Lessee its agent and
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attorney -in -fact to assert against Manufacturer whatever claims and rights arising out of, its interest, if any, in all Manufacturer's
warranties, guarantees, and patent indemnity protections, express or implied, issued on or applicable to the Equipment, and Lessor
authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's expense. Lessee's sole
remedy for the breach of such warranties shall be against the Manufacturer (or, to the extent applicable, other party responsible for
assembling, contacting, or transporting the Equipment, whether directly or indirectly), and not against Lessor, nor shall such matter have
any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and
timely payments hereunder.
Section 7. FEDERAL TAX REPRESENTATIONS AND COVENANTS. At the time of Lessee's execution and delivery of a
Schedule and related Lease documents, Lessee represents, covenants, and warrants to Lessor (all such representations and warranties
being continuing in nature and surviving the termination of any Lease) that: (a) Lessee will do or cause to be done all things necessary
to preserve and keep this Agreement and each Lease in full force and effect; (b) Lessee is a state or political subdivision as such terms
are used in Section 103 of the Code; (c) Lessee will ensure, by pursuing all legal affirmative actions or by refraining from acting, and
causing its officers, employees, and agents to take all legal affirmative actions to ensure, that the interest portion of the Lease Payments
is not included in the gross income of the recipient for federal income tax purposes and Lessee will take such other actions as may be
necessary so that this Agreement and each Lease will not constitute obligations so that the interest on which is subject to federal income
taxation as "arbitrage bonds" under Sections 103(b)(2) and 148 of the Code and the Regulations; (d) no portion of the principal or
interest payment of any Lease is directly or indirectly (i) secured by any interest in property used or to be used for a private business
purpose or by payments in respect of such property, or (ii) derived or to be derived from payments (whether or not to Lessee) in respect
of property or borrowed money used or to be used for a private business purpose; (e) Lessee will execute all informational filings
required under the Code so as to preserve the tax-exempt qualification of Lessee's obligations to Lessor and its assigns under the Lease,
and in the event that Lessee's failure or refusal to execute the required information filings results in or would result in the inability to
exclude from gross income for federal tax purposes the interest paid on Lessee's obligations under the Lease to Lessor or its assigns,
then Lessor may demand that Lessee cure the loss by a subsequent riling and Lessee shall pay to Lessor an amount equal to the loss
occasioned by Lessor's inability to exclude the interest payable under this Agreement and any Leases hereunder from gross income for
Federal income tax purposes; (f) Lessor's yield with respect to each Lease is dependent upon the full amount of each interest component
of each Lease Payment being excluded from Lessor's income pursuant to the Code, and accordingly, if at any time, as a result of a
determination that Lessee has breached a representation or covenant contained herein or a component of any Lease Payment is, in the
opinion of counsel for Lessor, subject to or affected by any income, preference, excess profits, minimum or other federal tax, Lessee
shall pay, as additional interest, an amount which is necessary to provide to Lessor the same net income as Lessor would have received
but for such event, which amount shall be calculated by Lessor and be binding upon Lessee in the absence of manifest error; (g) to the
best of Lessee's knowledge, information and belief: (i) the Equipment has been ordered or is expected to be ordered and is expected to
be delivered, and the Manufacturer has been fully paid on the Lease Commencement Date, and the estimated total cost of the Equipment
will not be less than the total principal amount of the Lease Payments, (ii) Lessee has not created or established, and does not expect to
create or establish, any sinking fund, reserve fund or other similar fund that is reasonably expected to be used to pay the Lease Payments
or that may be used solely to prevent a default in the payment of the Lease Payments, and (iii) the Equipment has not been and is not
expected to be sold or otherwise disposed of by Lessee, either in whole or in part, prior to the last maturity of the Lease Payments; and
(h) Lessee will have the sole use and possession of the Equipment, which Lessee shall use only for the purpose of performing essential
governmental uses and public functions consistent with the permissible scope of Lessee's authority, and further, the Equipment shall not
be used in any trade or business carried on by any person other than a governmental unit.
Section 8. TITLE. Upon acceptance of the Equipment by Lessee under a Lease and for the Lease Term, title to the Equipment will
vest in Lessee, subject to the rights of the Lessor under this Agreement, and Lessee shall take all actions necessary to vest such title and
ownership in Lessee. For federal income tax purposes, and State ad valorem tax purposes and any other purpose for which Taxes are levied
(other than those based on the net income of Lessor), and for purposes of the Uniform Commercial Code, Lessor and Lessee shall treat any
Lease as a conditional sales agreement, and accordingly, full unencumbered title and ownership (including legal and equitable title, as well
as beneficial enjoyment, possession, and use) to the Equipment shall pass to Lessee without Lessor having any further or continuing rights in
such Equipment without any further act or notice on its part, upon the payment in full of all Lease Payments and other payments required
under such Lease for the Lease Term by the Lessee, as they shall have come due in accordance with the applicable Schedule, so long as there
shall be no Event of Default in existence at such time; and further, upon payment in full of all such Lease Payments and other amounts due
and payable under a Lease, Lessee shall be deemed to have exercised its option to purchase the Equipment including all additions,
modifications, repairs, replacements, and substitutions to such Equipment. If, however, prior to the payment of all such Lease Payments and
other amounts due and payable under a Lease, full unencumbered title and ownership (including legal and equitable title, as well as
beneficial enjoyment, possession, and use) to the Equipment shall immediately, permanently, and unconditionally, without any action
by Lessee, reside, rest, settle, vest with, and to the extent applicable, pass or transfer to Lessor, and Lessee will immediately surrender
possession of the Equipment to Lessor (subject to any express rights or grace periods set forth in this Agreement), upon any of the
following events: (a) in the event of termination of a Lease by Lessee pursuant to Subsection 2.1 or Section 5 hereof; (b) upon the
occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing; or (c) in the event that the purchase
option has not been exercised prior to the Lease termination date. It is the intent of the parties hereto that any such residing, resting,
settling, vesting, passing, or transferring of title and ownership to Lessor or its assignees pursuant to this Section will occur automatically
without the necessity of any bill of sale, certificate of title, or other instrument of conveyance. Lessee will, nevertheless, execute and
deliver any such documents and instruments as Lessor may request to evidence such residing, resting, settling, vesting, passing, or
transferring of full and unencumbered title and ownership (including legal and equitable title, as well as beneficial enjoyment,
possession, and use) to Lessor or its assignees and termination of Lessee's interest in the Equipment, and Lessee shall have no further
interest in such Equipment.
For liability, insurance, and to the extent title to the Equipment must be registered such as in connection with vehicles, Lessee owns the
Equipment and Lessor does not own the Equipment, and by this Agreement, each Lease is intended to finance the acquisition of the
Equipment for Lessee. Lessee represents, warrants, and covenants that Lessor does not operate, control, or have possession of the
Equipment and has no control over Lessee or Lessee's operation, use, storage, or maintenance of the Equipment.
In the event of the occurrence of one or more of the events described in (a), (b), or (c) of the preceding paragraph of this Section and for
the limited purpose of providing for the residing, resting, settling, vesting, passing, or transferring of full unencumbered title and
ownership (including legal and equitable title, as well as beneficial enjoyment, possession, and use) of the Equipment to Lessor, Lessee
irrevocably designates, makes, constitutes, and appoints Lessor and its assignees as Lessee's true and lawful attorney (and agent) in fact
with power, at such time of termination or times thereafter as Lessor in its sole and absolute discretion may determine, in Lessee's or
Lessor's or such assignee's name, to endorse the name of Lessee upon any bill of sale, document, instrument, invoice, freight bill, bill
of lading or similar document relating to the Equipment.
Section 9. SECURITY INTEREST. In order to secure all of Lessee's obligations hereunder and all of the Leases, and to the extent
permitted by law, Lessee hereby (a) grants to Lessor a continuing, first priority security interest in all of the Equipment and in all
additions, attachments, accessions, and substitutions thereto, and in any proceeds therefrom, (b) agrees that a carbon, photographic or
other reproduction of this Agreement and each Lease may be filed as a financing statement evidencing such security interest, and (c)
agrees to execute and, to the extent applicable, deliver all financing statements, certificates of title, and other instruments necessary or
appropriate to evidence such security interest. Lessee shall deliver or cause to be delivered to Lessor the original certificates of title
relating to all vehicular Equipment. If requested by Lessor, Lessee shall conspicuously mark the Equipment with appropriate lettering,
labels or tags, and maintain such markings during the Lease Term, so as clearly to disclose Lessor's security interest in the Equipment.
Upon termination of a Lease with respect to each Equipment through exercise of Lessee's option pursuant to Subsection 17.1 or through
payment by Lessee of all Lease Payments and other amounts relating thereto, Lessor's security interests in such Equipment shall
terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may reasonably request to evidence the termination
of Lessor's security interest in such Equipment. Lessee hereby designates Lessor and its assigns as its agents and attorneys -in -fact for
the purpose of filing financing statements and amendments thereto, and executing title applications and certificates of title and related
documents to perfect the security interest granted by Lessee hereunder. Lessee shall not encumber or otherwise permit a Lien to be
placed on or against the Equipment, except as otherwise provided under this Section. To the extent that State law does not permit Lessee
to grant a security interest in the Equipment, Lessee acknowledges its obligation to deliver the Equipment and/or its obligation to make
the Equipment available to Lessor (or its assignees) in accordance with the Section 5 hereof, and hereby covenants that in providing for
the return of Equipment pursuant to Section 5 hereto, there shall not be any Liens or other encumbrances attached to such Equipment,
as provided for in Section 14 hereof.
Section 10. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed to
or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter
become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at
Lessee's cost and expense, furnish a landlord or mortgagee waiver with respect to the Equipment from any party having (or claiming to
have) an interest in any such real estate or building.
Section 11. USE AND REPAIRS. Lessee shall exercise due care in the installation, use, operation and maintenance of the Equipment,
and shall not install, use, operate or maintain the Equipment improperly, carelessly or for a purpose or in a manner contrary to that
contemplated by this Agreement or the Manufacturer. Lessee shall comply with all laws, ordinances, insurance policies and regulations
relating to, any applicable prevailing industry standards and Manufacturer's specifications for, and will pay all cost, claims, damages,
fees and charges arising out of, its possession, use or maintenance of the Equipment. Lessee shall obtain all permits and licenses
necessary for the installation, operation, possession, and use of the Equipment. At Lessee's cost and expense, Lessee shall maintain the
Equipment in good repair and working order, and shall promptly provide all parts, upgrades, modifications, environments and software
required or recommended now and hereafter by the Manufacturer. Lessor shall have no responsibility to, and Lessee will, at its expense
and expeditiously, keep the Equipment in good repair, and in a condition suitable for certification by the Manufacturer thereof (if
certification is available), and furnish all parts, mechanisms and devices required therefor, which must be free and clear of all Liens
(other than Liens in favor of Lessor) and of a value and utility at least equal to the parts being replaced (assuming that such replaced
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parts and accessories were otherwise in good working order and repair), and which shall be deemed to be incorporated immediately into
and to constitute an integral portion of the Equipment and, as such, shall be subject to the terms of this Agreement. If the Equipment is
such as is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement with a party
satisfactory to Lessor. Lessee shall not use any item of Equipment to haul, convey, store, treat, transport or dispose of any "hazardous
substances" or "hazardous waste" as such terms are defined in any the Environmental Laws. Lessee agrees that if Lessee is required to
deliver any item of Equipment to Lessor or its agent, the Equipment shall be delivered free of any substances which are regulated by or
form a basis for liability under any Environmental Law. Lessee shall comply with all licenses and copyright requirements of any
software used in connection with the Equipment.
Section 12. ALTERATIONS. Without the prior written consent of Lessor, Lessee shall not make any other modifications, additions
or improvements to the Equipment unless such modifications are Permitted Modifications or are required by applicable law or
Manufacturer requirements. Lessee also grants Lessor a right of first refusal as to the lease of any Permitted Modifications. If requested
by Lessor, Lessee shall remove all Permitted Modifications upon return of the Equipment without damage to the Equipment and so as
to cause the Equipment to comply with all applicable laws and with all Manufacturer requirements then in effect. All Permitted
Modifications and any other accessories attached to the Equipment not so removed upon return of the Equipment shall be deemed the
sole property of Lessor.
Section 13. LOCATION AND INSPECTION. The Equipment will not be removed from, or if the Equipment consists of rolling
stock, its permanent base will not be changed from the Equipment Location without Lessor's prior written consent, which will not be
unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere at all reasonable times to inspect the
Equipment or observe its use and operation, and Lessor and its agents shall have such rights of access to the Equipment as may be
reasonably necessary to cause the proper maintenance of the Equipment in the event of failure by Lessee to perform its obligations
hereunder. Notwithstanding its designation as Lessor, during the applicable Lease Term, equitable title to the Equipment is
vested with Lessee along with beneficial enjoyment, possession, and use of the Equipment, all subject to Lessor's rights set forth
in this Agreement (including, without limitation, Section 5 hereof), and Lessor is merely financing the acquisition thereof for
Lessee. Lessor does not operate, control or have possession of the Equipment and has no control over Lessee or Lessee's
operation, use, storage or maintenance of the Equipment.
Section 14. LIENS AND TAXES. At its expense, Lessee shall keep the Equipment free and clear of all Liens except those created
under this Agreement. Lessee shall reimburse Lessor for any expenses incurred by Lessor to discharge or remove any Lien. The parties
hereto contemplate that the Equipment, the Leases and the Lease Payments will be exempt from all Taxes presently assessed and levied
with respect thereto. In the event that any Equipment, or its ownership, leasing, rental, sale, purchase, possession or use, or any Lease,
or any Lease Payments or any other payments due under any Lease is found to be subject to taxation in any form, Lessee shall pay when
due, all such Taxes which may now or hereafter be imposed or assessed, provided that with respect to special assessments or
governmental charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such
installments as are required to be paid during the Lease Term as and when the same become due. Notwithstanding this obligation,
Lessee shall not be required to pay Taxes on or measured by the income of Lessor, its successors or assigns, unless such Tax is made in
lieu of or as a substitute for any Tax which is an obligation of Lessee under this Section 14. If Lessee fails to pay any such Taxes when
due, Lessor shall have the right, but shall not be obligated, to pay said Taxes, and should Lessor choose to exercise this right, Lessee
shall reimburse Lessor in the amount of such Taxes paid by Lessor, plus interest at the Default Interest Rate.
Section 15. RISK OF LOSS.
15.1 Lessee hereby assumes the entire risk of loss and damage to the Equipment from every cause whatsoever
(notwithstanding the existence of any insurance on the Equipment in favor of Lessor) and no loss of or damage to any Equipment shall
relieve Lessee from the obligation to make any Lease Payments or to perform any other obligation under any Lease. If any unit of
Equipment is damaged, Lessee shall place such Equipment in good repair and working order to the satisfaction of Lessor. If Lessor, in
its sole discretion, determines that an Event of Loss has occurred, then Lessee shall (at Lessor's option): (a) at Lessee's expense, replace
the same with equipment in good repair, having substantially similar specifications, and of equal or greater value to the Equipment
immediately prior to the Event of Loss, such replacement Equipment to be subject to Lessor's approval, whereupon the replacement
Equipment shall be substituted in the applicable Lease and the other related documents by appropriate endorsement or amendment; or
(b) on the next Lease Payment date, pay Lessor: (i) all amounts then owed by Lessee to Lessor under such Lease, including the Lease
Payment due on such date; and (ii) an amount equal to the applicable Concluding Payment set forth in the related Schedule. In the event
Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata
amount of the Lease Payment and Concluding Payment to be made by Lessee with respect to the Equipment which has suffered the
Event of Loss. If, prior to the termination of the Lease Term, permanent or temporary use of any part of the Equipment shall be taken
under the exercise of the power of eminent domain, Lessee shall cause the net proceeds of any condemnation award to be applied (at
Lessor's option) toward: (A) the replacement, restoration or repair of such Equipment; or (B) satisfaction of Lessee's obligations under
clause (b) of the immediately preceding sentence. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration,
or replacement of such Equipment, then Lessee shall complete the work and pay any costs in excess of the amount of the Net Proceeds,
and Lessee shall not be entitled to any reimbursements from Lessor nor any diminution of the Lease Payments.
15.2 To the extent not prohibited by State law, Lessee shall bear the risk of loss for, shall pay directly, and shall defend
against any and all claims, liabilities, proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising
under or related to any Equipment, including, but not limited to, the possession, ownership, lease, use, or operation thereof. These
obligations of Lessee shall survive any expiration or termination of any Lease. Lessee's obligations under this Subsection 15.2 shall
survive the expiration, cancellation, or termination of any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims,
liabilities, proceedings, actions, expenses (including attorney's fees), damages or losses which arise directly from events occurring after
any Equipment has been returned by Lessee to Lessor in accordance with the terms of the applicable Lease or which arise directly from
the gross negligence or willful misconduct of Lessor.
Section 16. INSURANCE.
16.1 Lessee shall maintain at all times on the Equipment, at Lessee's expense, property damage and physical damage
insurance on the Equipment in such amounts, against such risk and by such insurers as shall be satisfactory to Lessor, or with Lessor's
prior written consent, may be self -insured against any or all such risks. Property or physical damage insurance shall be "comprehensive"
or "all risk" coverage. In no event will the insurance limits be less than the greater of the Concluding Payment of the Lease or the Fair
Market Value of the Equipment at all times, and valuation of loss must be on a replacement cost basis. Proceeds of any such property
damage and physical damage insurance relating to damage to or loss of any Equipment shall be payable to Lessor as loss payee.
16.2 Lessee shall maintain at all times, at Lessee's expense, public liability insurance coverage, providing coverage for
Lessor as an additional insured, and third party property damage insurance coverage, providing coverage for Lessor as a loss payee, and
such other insurance coverage as Lessor shall require protecting Lessee and Lessor from liabilities for injuries to persons and damage
to property of others relating in any way to any Equipment in such amounts, against such risk and by such insurers as shall be satisfactory
to Lessor. Proceeds of any such public liability or property insurance shall be payable first to claims made against Lessor as an additional
insured or loss payee, as the case may be, to the extent of its liability, and then to claims made against Lessee. If required by State law,
Lessee shall carry worker's compensation insurance covering all employees on, in, near or about the Equipment, or demonstrate to the
satisfaction of Lessor that adequate self-insurance is provided.
16.3 Each insurance policy: (a) shall name Lessee as a named insured and Lessor or its assignee as an "additional insured"
(with respect to liability coverage) and "loss payee" (with respect to property or casualty coverage) without regard to any breach of
warranty or other act or omission of Lessee, (b) with respect to insurance required by Subsection 16.1 above, shall include a lender's
loss payable endorsement for the benefit of Lessor, (c) shall contain a clause requiring the insurer to give Lessor at least thirty (30) days
prior written notice of any alteration in the terms of such policy or the cancellation thereof, and (d) shall not be subject to any co-
insurance clause. In addition, any such insurance shall not have a deductible amount in excess of $25,000 or other policy limitation
unsatisfactory to Lessor without Lessor's express written consent, and the insurance shall be primary without a right of contribution
from insurance which may be maintained by Lessor. An insurance company qualified to do business in the State with no less than a B+
Key Rating from A.M. Best shall provide such insurance. The proceeds of any such policies will be payable to Lessee and Lessor or its
assignee as their interests may appear. Prior to delivery of the Equipment and each insurance renewal date, Lessee will deliver to Lessor
a certificate evidencing such insurance, or the renewal or replacement thereof. In the event that Lessee has been permitted to self -insure,
Lessee will furnish Lessor with a letter or certificate to evidence such effort. Lessee hereby irrevocably appoints Lessor as Lessee's
attorney in fact to make claim for, receive payment of and execute and endorse all documents, checks or drafts received in payment for
loss or damage under any such insurance policy, and to determine the application of any insurance proceeds. Within five (5) days of
any damage to, or loss of, the Equipment, or any personal injury caused by the Equipment, Lessee shall give written notice to Lessor,
Lessee shall make available to Lessor all information and documentation relating thereto, and Lessee shall have the duty to make all
proofs of loss and take all other steps necessary to collect any amount under the above mentioned policies. In the event that Lessee fails
to procure insurance as required herein, Lessor may obtain insurance at its own expense, with such amount to be reimbursed by Lessee.
If Lessee fails to pay any amount when due, such amount shall accrue interest until paid at the Default Interest Rate. If the Equipment
is to be subleased or used by others (subject to Lessor's prior written approval), a special insurance endorsement may be required to
permit such use.
Section 17. PREPAYMENT.
17.1 "Lease Year" as used below shall be calculated from anniversary date to anniversary date of the applicable Schedule,
beginning with the Lease Commencement Date. For example, "Lease Year 1" represents the time from the Lease Commencement Date
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to a date that is one-year later. Lessee may not voluntarily prepay the entire principal portion and accrued interest relating to any
Schedule unless: (a) Lessor has received at least ninety (90) days prior written notice of a specific prepayment date ("Prepayment Date");
(b) the prepayment is made only on a date where a Lease Payment is regularly scheduled and due on the Schedule; (c) Lessee is prepaying
the full remaining principal balance of the Schedule plus all accrued and unpaid interest to such Prepayment Date and all other amounts
then due and payable under the affected Lease; (d) no Event of Default then currently exists under this Agreement, any Schedule or
other related lease documents; and (e) Lessee is paying to Lessor along with such prepayment a prepayment premium fee equal to a
percentage of the remaining principal balance of the Schedule ("Prepayment Premium") as follows:
Lease Year(s) Percentage
1 3%
2 2%
3 and thereafter 1%
17.2 The Prepayment Premium is assessed as a liquidated damage fee and as compensation for breakage costs, the costs of
making funds available to Lessee, internal costs and losses and the like and not as a penalty. Any Prepayment Premiums assessed
hereunder shall be included in the obligations or indebtedness, as applicable, under the other related Lease documents. Lessee
acknowledges and agrees that any involuntary prepayment under this Agreement, whether due to acceleration or otherwise, shall be
subject to the applicable Prepayment Premium assessed hereunder.
17.3 Upon the payment in whole of the principal amount of, and all accrued interest due under, a Lease by Lessee, plus the
satisfaction by Lessee of all of the prepayment conditions listed herein, the Lease with respect to the such Equipment shall terminate,
and Lessee shall be entitled to such Equipment, "AS -IS," "WHERE -IS," WITHOUT WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR
THE USE CONTEMPLATED BY LESSEE, except that such Equipment shall not be subject to any Lien created by or arising through
Lessor.
17.4 In the event that Lessor exercises its right pursuant to Section 20(a) this Agreement to declare the amount stated
therein to be immediately due and payable, then, in addition to all of the other rights and remedies available to Lessor under this
Agreement, Lessee shall be immediately obligated to pay to Lessor the Prepayment Premium with respect to the entire unpaid principal
balance of such Lease. For purposes of computing the Prepayment Premium which is due following such a declaration, the "Prepayment
Date" shall be the date of such declaration or another date selected by Lessor, in its discretion, which is after the date of such declaration.
17.5 In the event of any involuntary prepayment, other than an involuntary prepayment governed by Subsection 17.4 above,
Lessee shall be obligated to pay to Lessor, simultaneously with such involuntary prepayment, (a) the interest on the amount so prepaid
accrued through and including the Prepayment Date and (b) a Prepayment Premium in the amount determined pursuant to this
Agreement. For purposes of computing the Prepayment Premium with respect to prepayments made pursuant to this Subsection 17.5,
the Prepayment Date shall be the date on which such involuntary prepayment is actually received by Lessor. Unless Lessor otherwise
agrees in writing, partial prepayments of principal under this Subsection 17.5 shall be credited to the principal portion of Lease Payments
in the inverse order of maturity and shall not postpone the due dates of the Lease Payments under any Lease.
Section 18. ASSIGNMENT.
18.1 Without Lessor's prior written consent, Lessee will not either (a) assign, transfer, pledge, hypothecate, grant any
security interest in or otherwise dispose of this Agreement, any Lease hereunder, the Equipment or any interest herein or therein, or (b)
sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessee's interest herein or any
Lease may not be assigned or transferred by operation of law.
18.2 Lessor may assign, without the consent of Lessee, any or all of Lessor's rights, title or interest in and to this Agreement
or any Lease hereunder, the Equipment and any other documents executed with respect thereto and/or grant or assign a security interest
in this Agreement, any Lease hereunder, and the Equipment, in whole or in part, and in the case where there are multiple Leases
hereunder, Lessor may assign its rights thereunder to different assigns. Any such assigns (each an "Assignee") shall have all of the
rights of Lessor under each Lease it owns. By accepting an assignment of a Lease, each Assignee of a Lease shall be bound by the
following provisions: (a) the secured obligations described in Section 9 hereof shall include and apply only to the obligations of Lessee
under the Assigned Leases (as defined below) and shall exclude the obligations of Lessee under any Non -Assigned Leases (as defined
below); (b) said Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in, any Non -Assigned Lease or any
Equipment covered by any Non -Assigned Lease; and (c) said Assignee shall exercise its rights, benefits and remedies as the assignee of
Lessor (including, without limitation, the remedies under Section 19 of this Agreement) solely with respect to the Assigned Leases.
"Assigned Leases" means only those Leases which have been assigned to a single Assignee pursuant to a written agreement; and "Non-
Assigned Leases" means all Leases excluding the Assigned Leases. No such assignment (except an assignment to an affiliate of Lessor
or to an entity whose common stock is directly or indirectly one hundred percent (100%) owned by Lessor's parent or indirect parent
(each an "Affiliate") so long as Lessor continues to bill and collect Lease Payments) shall be effective unless and until Lessee shall have
received a written notice disclosing the name and address of each such Assignee; provided, however, that if such assignment is made to
a bank or trust company as paying or escrow agent for holders of certificates of participation in this Agreement or any Lease hereunder,
it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been
advised that such agency agreement is no longer in effect; and provided, further, to the extent that State law requires the written approval
and/or authorization of Lessee in order to effectuate the issuance, sale, assignment, or transfer of fractionalized interests in a Lease
(whether in whole or in part), then such written approval and/or authorization shall be obtained in accordance with State law. After the
giving of notice of any such assignment to Lessee, Lessee shall thereafter make all payments in accordance with the notice to the
Assignee named therein. No further action will be required by Lessor or by Lessee to evidence the assignment; however, Lessee shall,
if so requested, acknowledge any such assignment in writing, but such acknowledgement shall in no way be deemed necessary to make
the assignment effective. DURING THE LEASE TERM OF EACH LEASE, LESSEE SHALL KEEP A COMPLETE AND
ACCURATE RECORD OF ALL SUCH ASSIGNMENTS IN FORM NECESSARY TO COMPLY WITH SECTION 149(a) OF THE
CODE, AND THE REGULATIONS, PROPOSED, EXISTING, OR FROM TIME TO TIME PROMULGATED THEREUNDER;
however, in the event Lessor assigns its interest in a Lease to an Affiliate, Lessor shall maintain a record of such assignment for the
benefit of Lessee. Subject to the foregoing, this Agreement and any Lease hereunder inure to the benefit of and are binding upon the
heirs, executors, administrators, successors and assigns of the parties hereto.
Section 19. EVENT OF DEFAULT. The term "Event of Default" as used herein, means the occurrence of any one or more of the
following events: (a) Lessee fails to make any Lease Payment or any other payment (other than by reason of Non -Appropriation Event
or a Non -Renewal Event) required to be paid when due, and any such failure continues for ten (10) days after the due date thereof; (b)
Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder or an Escrow
Agreement (if applicable) and such failure is not cured within ten (10) days after written notice thereof by Lessor; (c) the discovery by
Lessor that any statement, representation, or warranty made by Lessee in this Agreement or in any writing ever delivered by Lessee
pursuant hereto or in connection herewith is false, misleading, or erroneous in any material respect; (d) Lessee becomes insolvent, is
unable to pay its debts as they become due, fails to promptly lift any execution, garnishment or attachment of such consequence as
would impair the ability of Lessee to carry on its governmental functions, makes an assignment for the benefit of creditors, applies or
consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee, or of all or a substantial portion of its assets, the
entry by Lessee into an agreement of composition with creditors, the approval by a court of competent jurisdiction of any adjustment of
indebtedness of Lessee, or the dissolution or liquidation of Lessee, or a petition for relief is filed by or against Lessee under federal
bankruptcy, insolvency or similar laws and is not dismissed within thirty (30) days thereafter, (e) any provision of this Agreement will
at any time for any reason cease to be valid and binding on Lessee, or will be declared to be null and void, or the validity or enforceability
thereof will be contested by Lessee or any governmental agency or authority if the loss of such provision would materially adversely
affect the rights or security of Lessor, or Lessee will deny that it has any further liability or obligation under this Agreement, or (f) an
order, judgment, or decree will be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee,
custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval, or
consent, and such order, judgment or decree will continue unstayed and in effect for any period of 30 consecutive days.
Section 20. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may,
at its sole option, exercise any one or more of the following remedies: (a) with or without terminating any Lease, and upon written notice
to Lessee, declare an amount equal to all amounts then currently due under any and all Leases owned by it and all remaining Lease
Payments due under all or any of such Leases during the Fiscal Year in effect when the Event of Default occurs together with interest
on such amounts at the Default Interest Rate from the date of Lessor's demand for such payment to be immediately due and payable,
whereupon the same shall become immediately due and payable; (b) with or without terminating any Lease, and upon written notice to
Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner
set forth in Section 5 hereof, and/or enter upon the premises where the Equipment is located, disable the Equipment subject to all Leases
owned by it to prevent further use thereof by Lessee, and take immediate possession of and remove the same; (c) sell, lease or otherwise
dispose of any Equipment under all or any of the Leases, in whole or in part, in one or more public or private transactions, and if Lessor
so disposes of any Equipment, then Lessor shall retain the entire proceeds of such disposition free of any claims of Lessee, provided,
that if the Net Proceeds of the disposition of all the Equipment exceeds the applicable Concluding Payments of all the Schedules plus
the amounts payable by Lessee under clauses (a) and (d) of this Section 20 plus any sales or transfer Taxes, then such excess amount
shall be remitted by Lessor to Lessee; (d) demand payment of (and Lessee agrees that it shall pay) all out-of-pocket costs and expenses
incurred by Lessor as a result (directly or indirectly) of the Event of Default and/or of Lessor's actions under this Section 20, including,
without limitation, any attorney fees and expenses and any costs related to the repossession, safekeeping, storage, repair, reconditioning,
or disposition of any Equipment; and (e) exercise any other right, remedy or privilege which may be available to it under applicable
laws of the State or any other applicable law or proceed by appropriate court action to enforce the terms of, recover damages for the
breach of, or to rescind, a Lease as to any or all of the Equipment. Lessee hereby expressly waives any damages occasioned by Lessor's
10
repossession of the Equipment, and Lessee will remain liable for covenants and indemnities under this Agreement and any Leases
hereunder. No remedy conferred upon or reserved to Lessor by this Section is intended to be exclusive and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this Agreement. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and
power may be exercised from time to time and as often as may be deemed expedient by Lessor.
Section 21. REPRESENTATIONS, COVENANTS AND WARRANTIES. At the time of Lessee's execution and delivery of a
Schedule and related Lease documents, Lessee represents, covenants and warrants as follows, for the benefit of Lessor (all such
representations and warranties being continuing in nature and surviving the termination of any Lease): (a) Lessee is an instrumentality,
duly organized and existing under the constitution and laws of the State; (b) Lessee has the requisite power and authority, including
authority under the constitution and laws of the State, to purchase the Equipment, to execute and deliver this Agreement and each Lease,
to enter into the transactions contemplated hereby and thereby, and to perform its obligations under this Agreement and each Lease; (c)
this Agreement, each Lease and the other documents either attached thereto or required therein have been duly authorized, approved
and executed by and on behalf of Lessee, such action approving this Agreement and each Lease and authorizing their execution has not
been altered or rescinded, the legislative authorization approving the execution of this Agreement and each Lease continues to be in full
force and effect at the time of authorization; (d) all requirements have been met and procedures have occurred to ensure the enforceability
of this Agreement and each Lease against Lessee (including, without limitation, the execution of this Agreement and each Lease by
authorized officials), and this Agreement and each Lease are valid and binding obligations of Lessee enforceable in accordance with
their terms; (e) neither Lessee nor any person acting on its behalf has directly or indirectly offered, sold, solicited any offers to buy, or
otherwise approached or negotiated with any person regarding the offer, sale or other disposition of any interest in the Equipment, or
any indebtedness secured by the Equipment, so as to require registration in accordance with the provisions of Federal or state securities
laws, and neither Lessee nor any person acting on its behalf will take any such action in the future; (f) there is no proceeding pending or
threatened in any court or before an governmental authority or arbitration board or tribunal that, if adversely determined, would adversely
affect the transactions contemplated by this Agreement or any Lease hereunder, the security interest of Lessor or its assigns, as the case
may be, in the Equipment, or the exclusion of interest from gross income for federal tax purposes under the Code; (g) this Agreement
and each Lease are in accordance with and do not violate the usury laws of the State; (h) no event or condition that constitutes, or with
the giving of notice or the lapse of time would constitute, an Event of Default exists at this time; (i) all insurance required in accordance
with this Agreement is currently maintained by Lessee; 0) Lessee owns [or leases], and will continue to maintain, the real estate and
facilities where the Equipment will be located free and clear of any Liens during the Lease Term; (k) this Agreement and each Lease,
are based on facts and circumstances in existence as of the effective date of each; and (1) the Equipment is personal property and neither
real property nor a fixture.
Section 22. NOTICES. All notices, certificates, or other communications to be given under this Agreement shall be made in writing
and mailed by certified mail, return receipt requested, and postage fully prepaid, to the other party at its address set forth herein or at
such address as the party may provide in writing from time to time, and shall be sufficiently given and shall be deemed given when
delivered in the manner designated herein.
Section 23. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not
intended to define, limit or describe the scope or intent of any provisions of this Agreement.
Section 24. GOVERNING LAW. This Agreement and each Lease shall be construed in accordance with, and governed by the laws
the State.
Section 25. DELIVERY OF RELATED DOCUMENTS. Lessor and Lessee will execute or provide, as requested by either party,
such other documents and information as are reasonably necessary with respect to the transactions contemplated by this Agreement or
any Lease. Lessee will furnish Lessor (a) annual financial statements of Lessee within thirty (30) days after such annual financial
statements are released by Lessee, and (b) at the request of Lessor from time to time, such other financial information about Lessee as
may be then publicly available.
Section 26. ENTIRE AGREEMENT, WAIVER AND COUNTERPARTS. This Agreement and other documents or instruments
executed by Lessee and Lessor in connection herewith, constitute the entire agreement between the parties hereto with respect to the
lease of the Equipment, supersede all prior and contemporaneous writings, understandings, agreements, solicitation documents and
representations, express or implied, and shall be modified, amended, altered, or changed only by written documents duly authorized,
executed and delivered by Lessor and Lessee. Any provision of this Agreement or any Lease found to be prohibited by law shall be
ineffective to the extent of such prohibition without invalidating any other provision hereof. The waiver by Lessor of any breach by
Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. This Agreement may
be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the
11
same instrument, provided that only the original of each Schedule and Acceptance Certificate marked "Original - Chattel Paper" on the
execution page thereof shall constitute chattel paper under the Uniform Commercial Code.
Section 27. USURY. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that,
notwithstanding any provisions to the contrary, in no event shall this Agreement or any Lease hereunder require the payment or permit
the collection of any amount in the nature of interest or fees in excess of the maximum amount permitted by applicable law. Any such
excess shall first be applied to reduce the principal portion of the Lease Payments, and when no principal portion of the Lease Payments
remains, refunded to Lessee. In determining whether the interest paid or payable exceeds the highest lawful rate, the total amount of
interest shall be spread through the Lease Term so that the interest is uniform through such term.
Section 28. LESSEE'S PERFORMANCE. Time is of the essence, and Lessor's failure at any time to require strict performance by
Lessee of any of Lessee's obligations shall not waive or diminish Lessor's rights thereafter to demand strict compliance by Lessee.
Section 29. THIRD PARTY BENEFICIARIES. Nothing herein shall be construed or interpreted to give any person other than Lessee
and Lessor any legal or equitable right, remedy or claim under or in respect of this Agreement or any Lease, and Lessor and Lessee
agree that no Manufacturer is a third party beneficiary of this Agreement, and there are no third party beneficiaries of this Agreement.
Section 30. APPROPRIATION NECESSARY FOR PECUNIARY OBLIGATIONS. If and to the extent that any provision of a
Lease imposes any pecuniary obligation on Lessee, other than the obligation to pay Lease Payments due during the current fiscal year
from money duly appropriated for that purpose and certified as available or in the process of collection by Lessee's fiscal officer, that
pecuniary obligation is subject to the appropriation of sufficient funds for that purpose by Lessee's governing body and the certification
by Lessee's fiscal officer that those funds are available or in the process of collection.
Section 31. OFAC PATRIOT ACT NOTICE. Lessee shall (a) ensure that no person who owns a controlling interest in or otherwise
controls Lessee is or shall be listed on the Specially Designated Nationals and Blocked Person List or other similar lists maintained by
the Office of Foreign Assets Control ("OFAC"), the Department of the Treasury or included in any Executive Orders, that prohibits or
limits Lessor from making any advance or extension of credit to Lessee or from otherwise conducting business with Lessee and (b)
ensure that the proceeds resulting from any Lease shall not be used to violate any of the foreign asset control regulations of OFAC or
any enabling statute or Executive Order relating thereto. Further, Lessee shall comply with all applicable Bank Secrecy Act ("BSA")
laws and regulations, as amended. Lessor hereby notifies Lessee that pursuant to the requirements of the Patriot Act it, or its agent, is
required to obtain, verify and record information that identifies Lessee, which information includes the name and address of Lessee and
other information that will allow Lessor to identify Lessee in accordance with the Patriot Act. Lessee hereby agrees that it shall promptly
provide such information upon request by the Lessor.
Section 32. NO ADVISORY OR FIDUCIARY RELATIONSHIP. In connection with all aspects of the transaction contemplated
hereby (including in connection with any amendment, waiver, or other modification hereof), Lessee acknowledges and agrees,
that: (a) (i) the services regarding this Agreement provided by Lessor and any affiliate thereof are arm's-length commercial transactions
between Lessee, on the one hand, and Lessor and its affiliates, on the other hand, (ii) Lessee has consulted its own legal, accounting,
regulatory, and tax advisors to the extent it has deemed appropriate, and (iii) Lessee is capable of evaluating, and understands and
accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other related documents, including any
Escrow Agreement; (b) (i) Lessor and its affiliates each is and has been acting solely as a principal and, except as expressly agreed in
writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary, for Lessee, or any other
person and (ii) neither Lessor nor any of its affiliates has any obligation to Lessee with respect to the transactions contemplated hereby
except those obligations expressly set forth herein; and (c) Lessor and its affiliates may be engaged in a broad range of transactions that
involve interests that differ from those of Lessee, and neither Lessor nor any of its affiliates has any obligation to disclose any of such
interests to Lessee. To the fullest extent permitted by law, Lessee hereby waives and releases any claims that it may have against Lessor
or any of its affiliates with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any
transactions contemplated hereby.
Section 33. ELECTRONIC TRANSACTIONS. The parties to this Agreement agree that the transaction described herein may be
conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other
reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all
purposes, including the filing of any claim, action, or suit in the appropriate court of law.
Section 34. FURTHER ASSURANCES. The parties hereto further covenant and agree to do, execute and deliver, or cause to be
done, executed and delivered, and covenant and agree to use their best efforts to cause their successors and assigns to do, execute, and
deliver, or cause to be done, executed, and delivered, all such further acts, transfers and assurances, in order to provide for the
12
implementation of the intention of the parties under this Agreement, as the parties and their successors and assigns reasonably shall
request.
Section 35. WAIVER OF RIGHT TO TRIAL BY JURY. LESSEE HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL
BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING UNDER THIS AGREEMENT OR ANY
OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR (B)
IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF LESSEE OR LESSOR WITH
RESPECT TO THIS AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR
DELIVERED IN CONNECTION HEREWITH, OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE
WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR
OTHERWISE.
Section 36. MISCELLANEOUS. Lessee represents that no Equipment will be kept at a location that is not owner occupied by Lessee.
To the extent that any Equipment will be kept at a location where Lessee will be entering into a real property lease, or a loan secured by
a mortgage or deed of trust, Lessee agrees (i) to give Lessor at least 30 days prior written notice of same, and (ii) to obtain for Lessor,
prior to entering into such real property lease or loan, a waiver of interest (in a form reasonably acceptable to Lessor) from the prospective
real property lessor or lender, in and to any Equipment to be kept at the location.
Notwithstanding the existence of any insurance in favor of Lessor and except as prohibited by law, Lessee shall promptly defend,
indemnify and save Lessor harmless from and against: (a) any and all loss of or damage to the Equipment; and (b) any claim, action,
demand, proceeding, or liability for any damage, loss, injury, cost or expense (including reasonable attorney's fees) which Lessor may
be subject to relating to, or arising out of, the Lease or Equipment. Notwithstanding the foregoing, Lessee shall not be obligated to
indemnify Lessor for any Indemnity Claim to the extent actually and proximately caused by the willful misconduct of Lessor.
[The next page is the signature page of this Master Lease Agreement.]
13
Fiscal Year Commencement Date: January 1st
Fiscal Year End Date: December 3 1 "
IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and
Lessee has caused this Agreement to be executed in its name by its duly authorized officer.
Lessor
HUNTINGTON PUBLIC CAPITAL CORPORATION
LE
Title
Date Signed:
Mailing Address:
HUNTINGTON PUBLIC CAPITAL CORPORATION
c/o The Huntington National Bank,
Equipment Finance
525 Vine Street, 141 Floor
Cincinnati, Ohio 45202
14
Lessee
CITY OF ORONO, MINNESOTA
LE
Title:
Date Signed:
Mailing Address:
CITY OF ORONO, MINNESOTA
2750 Kelley Parkway
Orono, MN 55356
AGENDA ITEM
Item No.: 10
Date: October 23, 2023
Item Description: #LA23-000046, Rebecca Holzem, 3407 Eastlake Street Variances -
Resolution 7415
Presenter: Natalie Nye Agenda Consent Agenda
Planner Section:
1. Purpose. This application is regarding variances for average lakeshore setback, 75-foot lake
setback, overall hardcover and hardcover within the 75-foot setback for the construction of a deck.
2. MN§15.99 Application Deadline. The application was received August 15, 2023 and considered to
be complete on September 5, 2023. Therefore the 60-Day review period expires on November 4, 2023.
3. Background/ Summary. At the October 9, 2023 meeting, the Council reviewed this application for
variances to allow the construction of a new deck within the 75-foot setback, additional hardcover to the
site within the 75-foot lake yard setback and average lakeshore setback. The Council recommended
approval of the variances by a vote of 4 to 1 with the condition that the deck be reduced in size by 4 feet,
allowing a 14' x 16' deck. The Council also placed the condition to remove the stone walkway along the
eastern side of the home to reduce the overall hardcover on the site. The applicant has provided revised
plans that reflect the smaller deck size and removal of the stone walkway.
4. Planning Commission Vote and Comment. On August 21, 2023, the Planning Commission held a
public hearing and the Commission recommended approval of the application as applied by a vote of 4 to
2.
5. Public Comment. The applicant has provided neighbor acknowledgment forms, but no other public
comment has been received.
6. Staff Recommendation. Based on the amended site plan and the identified practical difficulties by
the City Council. Staff recommends approval of the drafted approval resolution.
COUNCIL ACTION REQUESTED
Motion to approve Resolution 7415.
Exhibits
Exhibit A.
Draft Resolution No. 7415
Exhibit B.
Revised Survey
Exhibit C.
Revised Plan
Exhibit D.
Revised Hardcover Calculations
Exhibit E.
Council Staff Report 10/09/2023
References
Council Packet 1010912023
Council Minutes 1010912023
PC Packet 0911812023
Prepared By: NAN
Reviewed By: LLO
Approved By: -
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7415
A RESOLUTION
APPROVING A VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279, 78-1680, & 78-1700
FILE NO. LA23-000046
WHEREAS, on September 5, 2023, Rebecca Holzem (hereinafter the "Applicant'), made a
complete application for variances from the City Code for the property addressed 3407 Eastlake Street and
legally described as:
IN LOT 1, BLOCK 8, BAYSIDE ADDITION TO LAKE MINNETONKA, Hennepin County,
Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has applied to the City of Orono for average lakeshore and 75-foot
lake setback variances from City Code Section 78-1279 in order to construct a new deck; and
WHEREAS, the Applicant has applied to the City of Orono for hardcover variances from City
Code Section 78-1680 and 78-1700 in order to construct a new deck; and
WHEREAS, on September 18, 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 September 18, 2023, the Planning Commission voted 4 to 2 in favor of a motion
to recommend approval of the variance as applied; and
WHEREAS, on October 9, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff and directed staff to draft an approval
resolution by a vote of 4 to 1 with the amendment that the proposed deck be reduced in size to allow a 14'
x 16' deck (plus stairs) and conditioning the removal of a stone walkway on the eastern side of the home;
and
WHEREAS, the Applicant has provided a revised survey, plan, and hardcover calculations that
meet the requirements stipulated by the City Council at the October 9, 2023 City Council meeting; 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:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7415
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA23-000046. 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-lA One Family Lakeshore Residential Zoning District.
3. The Property contains 4,488 square feet in area and has a defined lot width of 44 feet at the 75-foot
lakeshore setback and a lot width of 44 feet at the OHWL.
4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality
Overlay District.
5. Applicant has applied for the following variances:
a. Average Lakeshore Setback
b. 75-Foot Lake Setback
c. Hardcover within the 75-Foot Setback
d. Hardcover to exceed 25%
6. In considering this application for variances, 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:
"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 subject property is extremely small is size and width. The existing home does not
have any outdoor living space. The proposed deck is the minimum size needed for enjoyment of
the outdoor area, there will be hardcover removed from other areas on the site to mitigate the
hardcover increase, and the proposed deck in no way impacts neighboring views of the lake. This
criterion is met.
2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive
plan." The proposed variance is consistent with the comprehensive plan. The comprehensive plan
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7415
emphasizes the protection of natural resources and limiting hardcover. The proposal is the minimal
in size and will allow water to run through the slats of the deck. The proposal also includes the
removal of a stone walkway in order to mitigate the hardcover impacts. 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.
The construction of a small deck where no outdoor living space is currently is a reasonable
use of the property supported by practical difficulties. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
The lot size, width, and presence of the OHWL on the property are unique to the property
and are not at the result of the homeowner; and
c. The variance, ifgranted, will not alter the essential character of the locality. "
The variance in order to construct a new deck would not likely impact the character of the
area. The proposed deck is minimal and not intrusive and would have little impact on
neighboring properties. 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.
"Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. §
216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not
applicable.
6. "The board or the council may not permit as a variance any use that is not permitted under Orono City
Code Chapter 78 for property in the zone where the affected person's land is located." This condition
is not applicable, as a residential home is 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7415
"The special conditions applying to the structure or land in question are peculiar to such property or
immediately adjoining property." The special conditions of the property include the substandard lot
size and width. The subject properties size is unique to the zoning district and larger area. 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." The subject property is unique in its small size, width and proximity to the OHWL and creek
which prevent the property from having a compliant building envelope. 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 existing home does not have any outdoor living space. The
construction of the deck would allow the homeowner to fully enjoy the property. 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 property does not have any outdoor living space
and therefore the request is not simply to serve as a convenience to the applicant. The deck size is
minimal and additional hardcover has been removed in an attempt to mitigate the new deck. This
criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a variance
from Orono Municipal Zoning Code Sections 78-1279, 78-1680, and 78-1700 to allow the construction a
new deck.
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the attached site plan and building plans submitted by the
Applicant and annotated by City staff (hereinafter the "Plans"), attached to this Resolution as
Exhibits A & B.
3. Removal of the stone walkway to the east of the house as shown in Exhibit A is required as part of
the project.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7415
4. Any amendments to the plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
5. 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 (October 23, 2024).
6. Violation of or non-compliance with any of the terms and conditions of this resolution may result
in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 23rd day of October, 2023.
ATTEST:
CITY OF ORONO:
Nola Dickhausen, Interim City Clerk Dennis Walsh, Mayor
Resolution 7415 Exhibit A
r.L1f1r.T1k Ira
CERTIFICATE OF SURVEY FOR
REBECCA HOLZEM
IN LOT 1, BLOCK 8 BAYSIDE ADDITION TO LAKE MINNETONKA
HENINEPIN COUNTY, MINNESOTA
co
75' S
LINE
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EXISTING I
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CONTOUR LINE
� CREEK
LEGAL DESCRIPTION:
EASTLAKE STREET
N 90000'00" E 44.00
933.1 (933.4)
J
DRIVEWAY (B) (934.1)
�c.............................................................. . .................
44 o�
(933.4) 50
....................•• ................................... ._.._.. ; ..........-----------
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------10.1 - 0.1.------.-- � � 934.2 : �
—
GARAGE to
O
FLOOR (D)
=933.9
-= ---•-== .... [......
MAIN 6.0
' . O.O
FLOOR
ch
=934.7
(933:5)
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EXISTING
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PROPOSED--1 (H)
-ADDITION
�6.0�: PROP.
�-- 0 � STAIRS
I
(933.6)
AVERAGE LAKESHORE�',
SETBACK LINE A�
(932.6) .y� (932.6) _
A� s .�''• --- EDGE OF CREEK
J' CREEK
The East 44.00 feet of the West 50.00 feet of Lot 1, Block 8, BAYSIDE ADDITION
TO LAKE MINNETONKA
• Denotes found iron marker
- -933- : Denotes existing countour
(933.6) Denotes existing spot elevation
This survey intends to show the boundary of the above described property, and existing
house, drive, and visible hardcover. It does not purport to show any other improvements
or encroachements.
123062A2.scj
N 90000'00" W 44.00
O
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SCALE IN FEET
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DATE
REMARKS
EJiCaNE
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 Land Surveyor under
the laws of the State of Minnesota.
2 0
G RON B ERG & ASSOCIATES, INC.
CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS
445 N. WILLOW DRIVE LONG LAKE, MN 55356
PHONE: 952-473-4141 FAX: 952-473-4435
8-11-04
REVISED
ALE ,
10
r3-066
8-13-04
REVISED
DRAWN
10-28-0
REVISED
6-9-23
AS -BUILT INFORMATION9-1-23
HECKE
OHW SETBACKS
DATE40'1-7-� MINN.LICENSENUMBER ��+•�
HEEr
10-12-23 REVISED
23-066A
Resolution 7415
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Exhibit B
rs
Council Exhibit B
r.L1f1r.T1k Ira
CERTIFICATE OF SURVEY FOR
REBECCA HOLZEM
IN LOT 1, BLOCK 8 BAYSIDE ADDITION TO LAKE MINNETONKA
HENINEPIN COUNTY, MINNESOTA
co
75' S
LINE
I
EXISTING I
I
GARAGE
T.
I
N;,
'I
CONTOUR LINE
� CREEK
LEGAL DESCRIPTION:
EASTLAKE STREET
N 90000'00" E 44.00
933.1 (933.4)
J
DRIVEWAY (B) (934.1)
�c.............................................................. . .................
44 o�
(933.4) 50
....................•• ................................... ._.._.. ; ..........-----------
�
------10.1 - 0.1.------.-- � � 934.2 : �
—
GARAGE to
O
FLOOR (D)
=933.9
-= ---•-== .... [......
MAIN 6.0
' . O.O
FLOOR
ch
=934.7
(933:5)
` (E)
EXISTING
o
HOUSE
-WO
#3407
C
EAST LAKE STREET
o W '
IM
M O
3 '•, I
(A)
W ;o
/
24.0
/f 10.0...- (934.1) ( S (O> P (93 /0) 10.0..
I
ANDINC
PROPOSED--1 (H)
-ADDITION
�6.0�: PROP.
�-- 0 � STAIRS
I
(933.6)
AVERAGE LAKESHORE�',
SETBACK LINE A�
(932.6) .y� (932.6) _
A� s .�''• --- EDGE OF CREEK
J' CREEK
The East 44.00 feet of the West 50.00 feet of Lot 1, Block 8, BAYSIDE ADDITION
TO LAKE MINNETONKA
• Denotes found iron marker
- -933- : Denotes existing countour
(933.6) Denotes existing spot elevation
This survey intends to show the boundary of the above described property, and existing
house, drive, and visible hardcover. It does not purport to show any other improvements
or encroachements.
123062A2.scj
N 90000'00" W 44.00
O
O
N
O
T
LIJ
O
0
d-
O
�V.
a
co
0 10 20
SCALE IN FEET
EEO
DATE
REMARKS
EJiCaNE
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 Land Surveyor under
the laws of the State of Minnesota.
2 0
G RON B ERG & ASSOCIATES, INC.
CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS
445 N. WILLOW DRIVE LONG LAKE, MN 55356
PHONE: 952-473-4141 FAX: 952-473-4435
8-11-04
REVISED
ALE ,
10
r3-066
8-13-04
REVISED
DRAWN
10-28-0
REVISED
6-9-23
AS -BUILT INFORMATION9-1-23
HECKE
OHW SETBACKS
DATE40'1-7-� MINN.LICENSENUMBER ��+•�
HEEr
10-12-23 REVISED
23-066A
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Council
Exhibit C
es
City of Orono
�oNo Hardcover Calculation Worksheet
Property Address:
3 �0 7 6.tT7G w e F
r'kesHoa�' Prepared by: Date:
GA O,vB ER G ¢ A fT d ( 14 IV S'!A-1C
Stormwater Quality Overlay District Tier: (Circle one) Tier Tier 2 Tier 3 Tier 4 -'Tier 5
Step 2: PROPOSEff HA DCOVE
In the following tab e, i entify all items of proposed hardcover on the property, keyed by letter to Certificate of
Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as
well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict
proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at
the 75' setback line and calculate hardcover square footage separately for each portion.
Key to
Total
Survey
Hardcover Item (Describe)
Length x Width
Square Feet
(Example)
Gar a a
24' x 3a
A
OuJ E C£Xi c
720 S.F.
s
C
00 &GIA Y �.
R2 16 S.F.
F7 Z S.F.
p
S.F.
E
S.F.
F
TO
S.F.
G
ii
R ,4c
--_A- S.F.
H
1
TV S.F.
S.F.
S.F.
J
K
S.F.
L
S.F.
M
S.F.
N
S.F.
O
S.F.
P
S.F.
Q
S.F.
R
S.F.
S
S.F.
T
S.F.
u
S.F.
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S.F.
W
S.F.
X
S.F.
Y
S.F.
S.F.
Z
S.F.
1 Total Proposed Hardcover
/ S.F.
Excludable Hardcover See City Code Sec 78-1684 :
S.F.
S.F.
S.F.
S.F.
S.F.
2 Total Excludable Hardcover
O S.F.
3 Net Proposed Hardcover Subtract line 2 from line 1
VC 57 S.F.
4 Total Lot Area
S.F.
Proposed Hardcover Percentage [ (3) + (4))
,3 2, 6 y%
Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to
ensure the accuracy of the information contained herein; however, if any information is
not consistent with provisions of the City Code, the Code provisions will prevail.
page 19
AGENDA ITEM
Item No.: 16
Date: October 9, 2023
Item Description: #LA23-000046, Rebecca Holzem, 3407 Eastlake Street Variance
Presenter: Natalie Nye Agenda Community
Planner Section: Development Report
1. Purpose. This application is regarding variances for average lakeshore setback, 75-foot lake
setback, overall hardcover and hardcover within the 75-foot lake setback for the construction on a new
deck.
2. MN§15.99 Application Deadline. The application was received August 15, 2023 and considered to
be complete on September 5, 2023. Therefore the 60-Day review period expires on November 4, 2023.
3. Background/ Summary. The applicant is proposing to construct a new, 280 square foot deck on the
property. The subject property is substandard in size and width for the LR-IA district with a total of 4,488
square feet when 2 acres is the minimum required. The property is considered a lake lot due to the OHWL
being present on the property. There is no outdoor living space present on the property today. The
existing home is within the 75-foot setback and was approved in 2005 with variances through Resolution
5222. The proposed deck would be located within the 75-foot setback, within the average lakeshore
setback and brings the overall hardcover on the site from 27% to 35%. The applicant has listed the
extremely small lot size and lack of outdoor space as practical difficulties.
4. Planning Commission Vote and Comment. On September 18, 2023, the Planning Commission held
a public hearing. A member of the public spoke in favor of the request. The Commission reviewed the
application and noted the proposed project is not out of character for the neighborhood and believed the
property had practical difficulties due to the small lot size and unique placement near the lake. The
Planning Commission discussed the size of the deck and questioned if the size was necessary and
referenced the original 2005 approval. The Commission had a split vote recommended approval of the
application as applied by a vote of 4 to 2. Video of the Planning Commission meeting is at available on
the city website to refence the discussion.
5. Public Comment. The applicant has provided neighbor acknowledgment forms.
6. Staff Recommendation. Staff recommends denial of the application as applied. The original
approval of variances for the home (Resolution 5222) specifically state that a deck was forgone from the
design of the home in order to minimize the hardcover request. It went on to say that future hardcover
increases would likely not be supported. The homeowner has reasonable use of the property with a single-
family home. Staff recognizes the practical difficulties of the substandard site, but staff does not believe
the requested deck size is necessary especially without any other reduction of hardcover on the site.
COUNCIL ACTION REQUESTED
Direct staff to draft a denial resolution.
Exhibits
Exhibit A. Proposed Plans
Exhibit B. PC Staff Report 9/18/2023
Prepared By: NAN
Reviewed By: LLO
Approved By:
AGENDA ITEM
References
PC Exhibits 911812023
Exhibit A. Application
Exhibit B. Practical Difficulties Form
Exhibit C. Proposed Survey
Exhibit D. Plans
Exhibit E. Hardcover Calculations
Exhibit F. Site Photos & Aerial
Exhibit G. Neighbor Acknowledgment Forms
Exhibit H. Resolution 5222 (original approval of house)
Exhibit I. Property Owners List and Map
Prepared By: NAN Reviewed By: LLO Approved By:
AGENDA ITEM
Item No.: 11
Date: October 23, 2023
Item Description: Certification of Delinquent Utilities — Resolution 7416
Presenter: Ron Olson Agenda Public Hearing
Finance Director Section:
1. Purpose. The purpose of this agenda item is to gain council approval to certify delinquent utility
bills to Hennepin County for collection with the payable 2024 property taxes.
2. Background. Each year the city certifies to the county, all unpaid annual service charges for the
septic program, the recycling program, and all delinquent sewer and water accounts of $50.00 or more, to
be collected with the following year's taxes. In addition to the outstanding amounts delinquent, eight
percent (8%) interest is added to all accounts and an administrative fee of $25.00 is added to all accounts.
At this time, the total to be assessed is $94,156.88 between 129 properties. This amount will be decreased
by any payments received up to the final payment date of November 27, 2023. A copy of the assessment
roll is attached for your review.
State statutes require the City hold a public hearing regarding the assessment of these fees prior to
certifying the assessment roll to the County. Notices of the public hearing have been sent to all
delinquent properties. The hearing is an opportunity for property owners to ask questions and provide
comments regarding the proposed assessment.
3. Staff Recommendation. Staff recommends approval of the resolution to certify delinquent water,
sewer, recycling, septic and storm water charges to Hennepin County.
COUNCIL ACTION REQUESTED
Adoption of the attached resolution providing for the certification of delinquent 2023 water and sewer
utility service charges, recycling program fees, on -site sewage treatment program, storm water charges,
and general service charges to Hennepin County for collection with the 2024 property taxes.
Exhibits
A. Resolution
B. Assessment Roll
Prepared By: J-1 je
Reviewed By: RIC
Approved By: 7E
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7416
A RESOLUTION FOR THE CERTIFICATION OF DELINQUENT 2023 WATER AND
SEWER UTILITY SERVICE CHARGES, RECYCLING PROGRAM FEES, ON -SITE
SEWAGE TREATMENT (SEPTIC) PROGRAM, STORM WATER CHARGES AND
GENERAL SERVICE CHARGES TO HENNEPIN COUNTY FOR COLLECTION
WITH THE 2024 PROPERTY TAXES
Whereas, the City Council of the City of Orono, Minnesota has enacted Chapter 14 of
the Orono City Code which pertains to the payment and collection of water, sewer and storm
water charges and annual service charges for recycling, and the on -site sewage treatment (septic)
program;
and
Whereas, the City Council of the City of Orono, Minnesota has also enacted Chapter 75
of the Orono City Code which pertains to the payment and collection of general service charges;
and
Whereas, the charges identified in the attached list of properties are delinquent in nature;
and
Whereas, a ten day mailed notice and a published notice of the hearing was given, and
the hearing will be held thereon the 23 day of October 2023, at which all persons desiring to be
heard are given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as
follows:
That the Hennepin County Special Assessment Division is hereby authorized to place the
delinquent water, sewer and storm water charges and annual service charges for recycling, and
the on -site sewage treatment (septic) program, on the 2023 property tax rolls, payable in 2024, at
eight percent (8%) per annum, against the specified properties as set forth in the following
Exhibits.
ADOPTED by the City Council of the City of Orono, Minnesota, and this 23th day of
October, 2023.
ATTEST:
Nola Dickhausen, Interim City Clerk
Dennis Walsh, Mayor
City of Orono
2023 Certification Roll
PID
Amount
Fee
Total
0211723310039
1,092.60
25.00
1,117.60
0211723310041
1,089.88
25.00
1,114.88
0211723310041
1,089.88
25.00
1,114.88
0211723320007
240.82
25.00
265.82
0311723210015
158.10
25.00
183.10
0311723220014
235.13
25.00
260.13
0311723220017
316.22
25.00
341.22
0311723320016
308.89
25.00
333.89
0311723330002
236.51
25.00
261.51
0311723340007
569.82
25.00
594.82
0311723440007
314.89
25.00
339.89
0311723440009
236.51
25.00
261.51
0411723110003
120.60
25.00
145.60
0411723110014
78.73
25.00
103.73
0411723240009
61.44
25.00
86.44
0411723430020
314.89
25.00
339.89
0511723120026
314.89
25.00
339.89
0511723140031
1,089.88
25.00
1,114.88
0511723140059
881.86
25.00
906.86
0511723220016
156.03
25.00
181.03
0511723230040
1,089.88
25.00
1,114.88
0511723410025
888.43
25.00
913.43
0611723110004
308.89
25.00
333.89
0611723220004
236.51
25.00
261.51
0611723230004
314.89
25.00
339.89
0611723230016
314.89
25.00
339.89
0611723310014
314.89
25.00
339.89
0611723320006
317.51
25.00
342.51
0611723340009
78.03
25.00
103.03
0611723410045
1,089.88
25.00
1,114.88
0611723430010
103.74
25.00
128.74
0711723110014
98.18
25.00
123.18
0711723110021
687.98
25.00
712.98
0711723120006
1,089.88
25.00
1,114.88
0711723140062
1,089.88
25.00
1,114.88
0711723220015
78.73
25.00
103.73
0711723220016
314.89
25.00
339.89
0711723240017
1,089.88
25.00
1,114.88
0711723310017
1,100.29
25.00
1,125.29
0711723410012
163.50
25.00
188.50
0711723410086
1,089.88
25.00
1,114.88
0711723430026
584.15
25.00
609.15
0711723440011
1,089.88
25.00
1,114.88
Attachment B - Assessment Roll
0711723440013
292.40
25.00
317.40
0711723440062
1,089.88
25.00
1,114.88
0711723440067
753.45
25.00
778.45
0711723440072
1,089.88
25.00
1,114.88
0811723130006
98.18
25.00
123.18
0811723310015
236.51
25.00
261.51
0811723320012
787.71
25.00
812.71
0811723430003
1,089.88
25.00
1,114.88
0811723430010
788.55
25.00
813.55
0911723210017
314.89
25.00
339.89
0911723410004
1,089.88
25.00
1,114.88
1011723130013
158.10
25.00
183.10
1011723240022
208.28
25.00
233.28
1011723240032
1,089.88
25.00
1,114.88
1011723310049
194.23
25.00
219.23
1711723310016
1,463.90
25.00
1,488.90
1711723310048
1,610.39
25.00
1,635.39
1711723340039
1,141.88
25.00
1,166.88
1711723340040
351.24
25.00
376.24
1711723340055
1,760.13
25.00
1,785.13
1711723340057
1,275.17
25.00
1,300.17
1711723340078
656.95
25.00
681.95
1711723340094
1,639.39
25.00
1,664.39
1711723420008
1,263.17
25.00
1,288.17
1711723430002
167.99
25.00
192.99
1711723430011
142.73
25.00
167.73
1711723430017
2,065.74
25.00
2,090.74
1711723430020
1,302.80
25.00
1,327.80
1711723430034
2,025.14
25.00
2,050.14
1711723430035
1,364.86
25.00
1,389.86
1711723430057
1,971.21
25.00
1,996.21
1711723430095
85.25
25.00
110.25
1711723430129
396.16
25.00
421.16
1711723430137
10,018.29
25.00
10,043.29
1711723440060
489.04
25.00
514.04
1711723440067
345.73
25.00
370.73
1711723440068
712.42
25.00
737.42
1711723440098
2,610.21
25.00
2,635.21
2011723210001
147.88
25.00
172.88
2011723220002
1,529.98
25.00
1,554.98
2011723230021
596.81
25.00
621.81
2011723240045
1,470.46
25.00
1,495.46
2011723310009
155.63
25.00
180.63
2011723310036
180.12
25.00
205.12
2011723310038
1,597.80
25.00
1,622.80
2011723320016
2,159.93
25.00
2,184.93
2011723340003
580.21
25.00
605.21
Attachment B - Assessment Roll
2011723420034
336.47
25.00
361.47
2111723220008
264.93
25.00
289.93
2111723230029
589.54
25.00
614.54
2111723240003
1,219.72
25.00
1,244.72
2211723130002
241.99
25.00
266.99
2211723310001
235.39
25.00
260.39
2211723310033
59.79
25.00
84.79
2211723310035
59.28
25.00
84.28
2311723320060
118.53
25.00
143.53
2511823410016
78.73
25.00
103.73
2611823330005
1,089.88
25.00
1,114.88
2611823330021
314.89
25.00
339.89
2611823410010
78.73
25.00
103.73
2711823320008
315.57
25.00
340.57
2711823420015
1,089.88
25.00
1,114.88
2711823430018
314.89
25.00
339.89
3011823440004
315.57
25.00
340.57
3111823210003
158.10
25.00
183.10
3111823240007
308.89
25.00
333.89
3111823430018
315.57
25.00
340.57
3211823240012
236.51
25.00
261.51
3211823320005
78.73
25.00
103.73
3211823340006
156.03
25.00
181.03
3211823340012
314.89
25.00
339.89
3211823440009
314.89
25.00
339.89
3311823110160
918.53
25.00
943.53
3311823310004
78.73
25.00
103.73
3311823310011
314.89
25.00
339.89
3311823440015
1,092.60
25.00
1,117.60
3311823440032
201.85
25.00
226.85
3411823440039
1,089.88
25.00
1,114.88
3511823330008
315.57
25.00
340.57
3511823340007
78.73
25.00
103.73
3511823340020
314.89
25.00
339.89
3511823430029
158.10
25.00
183.10
3611823140008
78.73
25.00
103.73
3611823310015
315.57
25.00
340.57
3611823330018
1,271.28
25.00
1,296.28
3611823340013
1,092.60
25.00
1,117.60
90,931.88
94,156.88
Attachment B - Assessment Roll
AGENDA ITEM
Item No.: 12
Date: October 23, 2023
Item Description: #LA23-000051, Keplinger & Keranen Builders, Inc., o/b/o Erik &
Marissa Winegarden, 2795 Shadywood Road — Variances + Conditional Use Permit —
Resolution No. 7417
Presenter: Melanie Curtis Agenda Community
Planner Section: Development
1. Purpose. This application is regarding several variances in order to redevelop the property. The
project also requires a CUP relating to an elevated fill bench around the home due to the floodplain
regulations.
2. MN§15.99 Application Deadline. The application was received on August 23' and considered to
be complete on October 6, 2023. Therefore the 60-Day review period expires on December 5, 2023.
3. Background/ Summary. The existing home is situated 13.5 feet from the Narrows Channel where
75' is required. Approximately 70% of the property is within the 75-foot setback from the lake and/or
channel. There are currently building and hardcover improvements within the 75-foot setback (from the
channel and the lake), and the home is nonconforming with respect to the low floor requirement of the
FEMA floodplain regulations.
The application involves construction of a new home on the existing footprint with a garage addition as
well as other hardcover changes/improvements on the property. The new home will be elevated on fill to
comply with FEMA regulations. The proposed fill and the architectural changes result in an approximate
14 feet of increased building mass within the 75-foot setback creating new vertical encroachments.
4. Variance Description. The applicant is proposing to construct the new home in the same footprint as
the existing home. The site constraints include the channel setback of 75 feet, the 75-foot lake setback on
the west, the narrow width, the existing home location, and the low elevation areas of the property
(impacted by floodplain regulations).
The existing home is a low, walk -out rambler. According to the comparison plans, the applicant is
proposing to increase the height of the new rambler -style home by approximately 14 feet overall resulting
from the placement of required fill and architectural changes to the ceiling heights and roof structure. The
basement floor elevation of 930.3' in the existing home is nonconforming with respect to FEMA
regulations. The current plans reflect a conforming basement floor elevation of 933.5'.
Approximately 70% of the property is within the 75-foot setback from the lake and channel. The
applicant is proposing to reduce the total site hardcover by 1,677 square feet including the 528 square foot
reduction within the 75-foot setback. The driveway was reoriented and reduced, the lakeside sport court
has been removed, the paver patio has been removed, and the lakeside deck has been reduced by half.
5. Conditional Use Permit Description. When elevating a home on fill within the floodplain, FEMA
regulations require the creation of a filled rescue bench around all buildings proposed to be elevated on
fill. The fill material must continue at the required elevation around the perimeter of the building to create
a 15-foot "rescue bench". The home is set back approximately 8 feet from the channel -side property line
and while the 10-foot LR-1B district setback can be met on the interior side, there is not sufficient room
on either side of the home to fully comply with the 15-foot perimeter fill requirement. The Code requires
a conditional use permit to formally address the departure from the fill bench requirement.
Prepared By: m CC Reviewed By: LLO Approved By:
AGENDA ITEM
Additionally, the floodplain filling and mitigation shown on the plan falls under the MCWD's purview; a
floodplain mitigation permit is currently being reviewed by the MCWD.
6. Planning Commission Vote and Comment. On October 16, the Planning Commission held a public
hearing. The Commission discussed the issues raised by staff. Following the public hearing, the Planning
Commission voted 6 to 0 on a motion to approve the application as applied.
7. Public Comment. No comments from the public were received.
8. Staff Recommendation. Planning Staff continues to recommend approval of the project with the
exception of the 14-foot upward expansion of the porch along the channel. Staff does not support the
vertical expansion of the
Staff prepared a draft resolution for approval of the project as applied following the Planning
Commission's guidance for Council's consideration, attached as Exhibit A. However, Staff recommends
the Council follow the staff recommendation to approve the project except the porch expansions.
COUNCIL ACTION REQUESTED
Direct staff to draft a resolution consistent with staff recommendation.
Exhibits
A. Proposed Resolution No. 7417
B. Proposed Plans & Survey
C. Photos
D. PC Staff Report 10/16/2023
References
PC Exhibits 10/1612023
A. Application
B. Practical Difficulties Documentation Form
C. Proposed Survey — annotated
D. Existing Survey
E. Proposed Plans and Elevations
F. Home Expansion Comparisons
G. Submitted Hardcover Calculations
H. Buildable Area
I. Aerial Photos
J. Site Photos
K. Property Owners List & Map
Prepared By: m CC Reviewed By: LLO Approved By:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7417
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE SECTIONS 78-330; 78-1279; AND 78-1680
AND
A CONDITIONAL USE PERMIT PURSUANT TO
SECTION 78-1125
FILE NO. LA23-000051
WHEREAS, on August 23, 2023, on behalf of Erik and Marissa Winegarden (hereinafter
the "Owners"), Keplinger & Keranen Builders Inc., (hereinafter the "Applicant"), applied for
variances from the City Code for the property addressed 2795 Shadywood Road and legally
described as:
Tract A and Tract B, RLS No. 500, 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 78-330 to allow development of a nonconforming lot with
33,042 square feet in area where 43,560 square feet is required; and 137 feet at the lake on the
west side where 140-feet is required; and
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 new home 13.5 feet
from the Narrows Channel and 71 feet from the lake where a 75-foot setback is required; and
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 lake side deck 71 feet
from the lake which encroaches 6.5 feet lakeward of the average lakeshore setback line; and
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1680 to allow 4,638 square feet of hardcover within
the 75-foot setback where no hardcover is permitted and 5,166 square feet currently exists in
conjunction with redevelopment of the property; and
WHEREAS, the Applicant has made application to the City of Orono for a conditional
use permit (hereinafter a "CUP") pursuant to Orono Municipal Zoning Code Section 78-1125 to
allow flexibility on the sides of the home from the required 15-foot rescue elevation bench due to
the Property's narrow width, according to the approved plans; and
WHEREAS, on October 16, 2023, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7417
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on October 16, 2023, the Planning Commission recommended approval of
the application as applied including the variances and CUP; and
WHEREAS, on October 23, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variance as described above based on one or more of the
following findings of fact 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 is located in the LR-1 B, Single Family Lakeshore Residential Zoning
District.
A3. The Property contains 0.75 acres in area and has a defined lot width of 137 feet.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicant has requested the following approvals:
a. Lot Width Variance
b. Lot Area Variance
c. 75-foot Lake Setback Variance
d. Average Lakeshore Setback
e. Variance for Hardcover within the 75-foot setback; and
f. A Conditional Use Permit
A6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7417
VARIANCE ANALYSIS:
B1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The proposed variances are in harmony with the
purpose of the Ordinance. The Property has difficulties in its substandard size and width,
the proximity to the channel, the 75-foot lake setback, the existing home location, and the
floodplain areas of the property making development difficult.
B2. "Variances shall only be permitted ... when the variances are consistent with the
comprehensive plan." The variances proposed to rebuild a new home in the same
footprint on this nonconforming lot are 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 construction of a new residence on the existing foundation on the
substandard lot is reasonable.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner. The substandard lot size is an existing condition, there is no
available land with which to make the Property more conforming. The existing
conditions, lot size, and location are challenges not created by the Owners. There
should be consideration for variances for the Property which is substandard in area
and setback requirements. The project has been designed with an effort toward
limiting the additional hardcover without sacrificing functionality; and
c. The variance, if granted, will not alter the essential character of the locality." The
variances are requested in order to permit construction of a new home in the same
footprint, which is reasonable. Hardcover and setback improvements are being
made.
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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7417
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 a single-family home is an allowed use in the
LR-1 B 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 Property's substandard size, location,
elevation, and unique configuration creates difficulties which also apply to many of the
properties in the same neighborhood. The proposed setbacks and hardcover level are not
out of character.
B9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's substandard area and width, in addition to the unique
configuration along the channel, creates difficulties which apply to very few properties in
the City. Some neighboring properties have similar challenges.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The proposed size of the home is not exceeding
the existing footprint within the setbacks. Granting of the lot area, lot width, lake and
average lakeshore setback, and hardcover variances are necessary for the preservation
of the property right of the Owners.
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
variances for lot area and width, hardcover, and setbacks in this 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." Without variances, redevelopment of the
Property would be challenging. The variances for lot area and width, setback, and
hardcover are necessary, and do not merely serve as a convenience to the Applicant.
CONDITIONAL USE PERMIT ANALYSIS:
The Council may grant a CUP as the use permit was applied for or in modified form. On the
basis of the application and the evidence submitted, the city finds that the proposed use at
the Property is or will be:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7417
C1. Consistent with the community management plan; the proposed development of the
Property for residential use is consistent with the community management plan.
C2. Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; with the exception of the currently
requested variances, the project will conform to all applicable zoning requirements.
C3. Adequately served by police, fire, roads, and stormwater management; in the opinion of
staff this criterion is met.
C4. Provided with an adequate water supply and sewage disposal system; in the opinion of
staff this criterion is met.
C5. Not expected to generate excessive demand for public services at public cost; in the
opinion of staff this criterion is met.
C6. Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; the development of the Property for residential use is
compatible and consistent with the neighborhood and surrounding uses.
C7. Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; development of the Property for residential
use is compatible and consistent with the neighborhood and surrounding uses.
C8. Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan; in
the opinion of staff this criterion is met.
C9. Not expected to substantially impair the use and enjoyment of the property in the area or
have a materially adverse impact on the property values in the area when compared to
the impairment or impact of generally permitted uses; the request for grading and filling
within the floodplain will be reviewed by Minnehaha Creek Watershed District and a 1:1
mitigation will be required to offset any impacts from the filling activity.
C10. Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The alterations proposed are related to the
mitigation for the removal of the existing house foundation and minor leveling of the
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7417
adjacent grade to elevate the proposed home to meet the RFPE and are consistent with
the redevelopment of the property for residential use. The project should not result in
undesirable views or sustained activity such to disturb neighbors. Screening vegetation
shall be incorporated along the channel to screen the home from views from the lake.
C11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; The Applicant will be
required to adhere to the City's erosion control regulations as well as the permitting
requirements of the MCWD. Timely re -vegetation and stabilization will be a requirement
of the permitting process. The project should not result in a nuisance condition.
C12. Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe
access; the applicant will be required to keep debris off of the public roadways; a haul
route should be provided. The noise resulting from the trucks and equipment moving the
material in and around the site should be minimized to the extent possible. The grading
project will be evaluated and monitored by the City Engineer and planning staff so as to
minimize nuisances during the project.
C13. Designed to take into account the natural, scenic, and historic features of the area and to
minimize environmental impact; the overall long-term effect of the project should result in
minimal if any environmental impacts.
C14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring residential uses or districts; this project should result in no
additional non-residential lighting or glare; and
C15. Not detrimental to the public health, public safety, or general welfare. The project should
not be a detriment to the public health, public safety, or general welfare.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants the
following:
• A variance to Orono Municipal Zoning Code Section 78-330 to allow development of a
nonconforming lot with 33,042 square feet in area where 43,560 square feet is required;
and 137 feet at the lake on the west side where 140-feet is required;
• A variance to Section 78-1279 to allow construction of a new home 13.5 feet from the
Narrows Channel and 71 feet from the lake where a 75-foot setback is required;
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7417
• A variance to Section 78-1279 to allow construction of a lake side deck 71 feet from the
lake which encroaches 6.5 feet lakeward of the average lakeshore setback line;
• A variance to Section 78-1680 to allow 4,638 square feet of hardcover within the 75-foot
setback where no hardcover is permitted and 5,166 square feet currently exists in
conjunction with redevelopment of the property; and
• A conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1125 to
allow flexibility on the sides of the home from the required 15-foot rescue elevation
bench due to the Property's narrow width, according to the approved plans,
Subject to the following conditions:
D1.Council approval is based on the entire record, above Findings.
D2.The approved project shall conform to the survey dated 08/10/23 and revised on
10/05/2023 by Otto and Associates and building plans submitted by the Applicant and
annotated by City staff, attached to this Resolution as Exhibits A & B.
D3.Trees or other vegetative screening acceptable to the City which has, upon full -growth,
has the ability to screen the home from the channel shall be planted.
D4.Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
D5.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 (October 23, 2024).
D6.The CUP shall remain in effect as long as the conditions imposed by the City Council are
observed, but nothing shall prevent the city from enacting or amending official controls to
change the status of conditional uses.
D7.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. 7417
ADOPTED by the Orono City Council on this 23d day of October, 2023.
ATTEST:
City Clerk
CITY OF ORONO:
Dennis Walsh, Mayor
Erik S. Winegarden, Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7417
Marissa K. Winegarden, Property Owner
This instrument was acknowledged before me this day of
20, by Erik S. Winegarden, husband of Marissa K. Winegarden.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of
20_, by Marissa K. Winegarden, wife of Erik S. Winegarden.
Notary Public
E
Certificate of Survey and Topographic Survey aN
(After) a
o�m
\ J O
N \ °O
TL) A /1T
0 ]0 d0 \ \ s 91� f i60� O
Feat \ �9 O c° \\ • 0 D_
Shed Coma
.-3.4' NE of Llne \ E y
PROPOSED ELEV47IONS \ 9'f*\ \ �J _ o N
� \
TOP OF FOUNDARON = 941.33 �!!1J4� �I a 2� Jam\
GARAGE FLOOR = 941.00
BASEMENT FLOOR = 933.50
931.:.
Property Description: EL \ \ ! 's✓�a,m L,
4'Y 9�. I X931 \
Tract A and B, REGISTERED LAND SURVEY NO. /'Jl 1 J S3 t \ � A
500, Hennepin County, Minnesota, according to L.! X931.55 ,y 931 ZRA yy 27 ASH/"�
the recorded plat thereof. I_ S V
Rootl Easement p l-/ A 1�oc i H
r ��r Ooc. No. 544834 Son. R 93 9J2I8 931.
•\ INSTALL i MAINTAIN S A Inr925.9
Surveyors Note: 12' WDE ROCK_, _ _.. , o+ F O 0)
CONSIRUCRpV 3 / O19"ASH y a
9c, - O 2I'ASH 7
Easements shown ore from the Certificate Of ENTRANCE jy A e
Title it appears that other easements exist, but �Sa� , _ 19 SASH ! 31 52 co ael o J
they were not provided. tiy' eo.
r !\ 43 9jA opp�..-932 ..X931.7J a�gli
; ���` 2 � 9✓ O j .0
VOLUME CALCULAnONS 75-foot Setback
CUT VOLUME = 106 cr C V w
FILL VOLUME = 1,127 CY oJ'ti i �t Eos �r voct
A . No -Edge of Conan
4772Doc
7>� d 5448J4 \ /
cry/ bye 'it00
Uj
LL
1 2
4 4,S"O
j `r 0A % Rn2WAY_`..k
/ lh a i 1
\ \ 93JJ9
of / r
Average \ NOOW
Lakeshore 20s
Setback ; j a APa°• 976�
�ON�
1\ ` 209 ai? A ! PROpOSEO RETARBNG
3J CY_ WALLS
X % V / FLOOOPLAIN FILL -'1
00 j Existing 936' / ? .
ARBMWTAE �i m
its LEGEND -V �
—10I0— denotes Proposed Contour
/°r'� y7 f017.3 X denotes Proposed Spot Elevation
/ ! �r^^((' •'+' •' ,'b,,� • 17 ,9.. "y. xY �. \ // 0<<�11e e denotes Proposed Drainage
(g4n5I. `✓ z t J! ! " 0000co�o denotes Proposed Retaining Wall m� N
\ �, " , / v x h K • • • z P !! ,� - 988 — denotes Existing Contour O
'� `•`So ` `♦9 `ems '� x # 986,00 X denotes Existing Spot Elevotion h
FLu COODPLANI X5. / FF=989.36 denotes Finished Floor Elevation j y 00
l 9� • • • r • if i 18RGARpy Fr e # „ denotes Pre -construction Silt Logs m
?*,',`� r �\e[�J�/��T denotes Water Valve O
1 !T/"'��J 1 B denotes Hydrant o y
AreOV3,042.* SF. to O.H. W.L. Ar ® denotes Sanitary Manhole o a
X931.02 A v
� X931.26 / Q denotes Deciduous Tree
ear ,�y «\ "b✓;� _,-S.r y Lere J \ — 55 — denotes Sanitary Sewer Lines
?� l`�� 7� — x — denotes Fence Line y
- — - denotes Building Setback Line ° em
'To Front = 35'
\
X931.J4
Side = 10' £° Q
`\RipRop i7�c4 \ OHWL = 75'
92
Concrete t ¢ ^ c o 0
Retaining-
\ N\ wall 0 4i
y a
a3e y Y 9�t Bq / •'Edge of Cano1 U O C
i
°% N�
I!
HARD FACE
PUBU OAD
so.0 ameRr ttWrea lac
w„� a
\ rrE s..xr rowmc ucsrarw. 45
6' MIN DEPTH V °�,�vm ourxr
1'-2' WASHED ROCK sox' a s[au[nr cavma fa °�
GEOTE%TILE FABRIC
UNDER ROCK (� aerhje
o�U
41�i1 4
a Qj =
O U �
0� q m
O
j Q LID � N
OZ�
� Q S
BIOLOG DETAIL J �
PROPOSED HARDCOVER CALCULATIONS:
AREA TO OHWL I 33, 0421 JSF
AREA
Proposed House
3,842
S.F.
Proposed Deck
80
S.F.
Proposed Porch
218
S.F.
Proposed Bituminous Driveway
3, 161
S.F.
Proposed Retoining Wolls
47
S.F.
Existing Shed
101
S.F.
Existing Bituminous Driveway
145
S.F.
Existing Pavers
15
S.F.
Existing Screen Porch and Steps
277
S.F.
TOTAL
7,886
S.F.
X HARDCOVER
23.9
%
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ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY I2 Henri lntenors
FOUNDATIONPLAN 2795 Shadywood Rd. suite #220 St. Paul, MN
O DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL B U I L D E R S r1
ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri lntenors
LOWERLEVEL 2795 3hadywood Rd. Suite #220 St. Paul, MN
DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1
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ISSUE PROJECT CLIENT K&K Builders Interior Design IKSK 09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri lntenore
MAINLEVEL 2795 Shadywood Rd. Suite #220 St. Paul, MN
N DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1
ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri lntenors
BONUSROOM 2795 Shadywood Rd. Suite #220 St. Paul, MN
DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359
W NL B U I L D E R S r1
ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri lntenors
SECTIONS2795 Shadywood Rd. Suite #220 St. Paul, MN
DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1
ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri lntenors
SECTIONS2795 Shadywood Rd. Suite #220 St. Paul, MN
DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1
ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri Inter"'
SECTIONS2795 Shadywood Rd. Suite #220 St. Paul, MN
DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1
ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri lntenors
SECTIONS2795 Shadywood Rd. Suite #220 St. Paul, MN
DRAWN BY Excelsior, MN 5533'I Maple Plain, MN 55359 V NL B U I L D E R S r1
ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri lntenors
SECTIONS2795 Shadywood Rd. Suite #220 St. Paul, MN
Go DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1
ISSUE PROJECT CLIENT K&K Builders Interior Design
09.26.23 Winegarden Erik and Manssa 6250 US HWY 12 Henri lntenors
SECTIONS2795 Shadywood Rd. Suite #220 St. Paul, MN
DRAWN BY Excelsior, MN 55331 Maple Plain, MN 55359 NL BUILDERS r1
ISSUE PROJECT
09.26.23 Winegarden
CLIENT
Erik and Manssa
K&K Builders Interior Design
6250 US HWY 12 Henri lntenors
I-ADRAWN
SECTIONS2795
BY
Shadywood Rd.
Excelsior, MN 55331
Suite #220 St. Paul, MN
Maple Plain, MN 55359
B U I L D E R S r'
O
"`
ISSUE PROJECT
09.26.23 Winegarden
CLIENT
Erik and Madssa
K&K Builders Interior Design
6250 US HWY 12 Henri lntedore
SECTIONS2795
Shadywood Rd.
Suite #220 St. Paul, MN
r'
DRAWN BY
Excelsior, MN 55331
Maple Plain, MN 55359
B U I L D E R S
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ISSUE PROJECT
09.26.23 Winegarden
CLIENT
Erik and Madssa
K&K Builders Interior Design
6250 US HWY 12 Henri lntedore
SECTIONS2795
Shadywood Rd.
Suite #220 St. Paul, MN
r'
DRAWN BY
Excelsior, MN 55331
Maple Plain, MN 55359
BUILDERS
N
"`
ISSUE PROJECT
09.26.23 Winegarden
CLIENT
Erik and Madssa
K&K Builders Interior Design
6250 US HWY 12 Henri lntedore
ROOFPLAN
2795 Shadywood Rd.
Suite #220 St. Paul, MN
r'
I-ADRAWN
BY
Excelsior, MN 55331
Maple Plain, MN 55359
BUILDERS
W
NL
ISSUE PROJECT
09.26.23 Winegarden
CLIENT
Erik and Madssa
K&K Builders Interior Design
6250 US HWY 12 Henri lntedore
,
I-AWEST
E L E VAT I O N DRAWN BY
2795 Shadywood Rd.
Excelsior, MN 55331
Suite #220 St. Paul, MN
Maple Plain, MN 55359
BUILDERS r'
v ,
NL
ISSUE PROJECT
09.26.23 Winegarden
CLIENT
Erik and Madssa
K&K Builders Interior Design
6250 US HWY 12 Henri lntedore
EASTELEVATION
2795 Shadywood Rd.
Suite #220 St. Paul, MN
r'
DRAWN BY
Excelsior, MN 55331
Maple Plain, MN 55359
BUILDERS
NL
ISSUE PROJECT
09.26.23 Winegarden
CLIENT
Erik and Madssa
K&K Builders Interior Design
6250 US HWY 12 Henri lntedore
NORTHELEVATION
2795 Shadywood Rd.
Suite #220 St. Paul, MN
r'
DRAWN BY
Excelsior, MN 55331
Maple Plain, MN 55359
BUILDERS
V
"`
ISSUE PROJECT
°926.23 Winegarden
CLIENT
Erik and Manssa
K&K Builders Interior Design
6250 US HWY,2 Henri lntedore
I-A2795
SOUTH ELEVATION DRAWN BY
Shadywood Rd.
Excelsior, MN 55331
Suite #220 St. Paul, MN
Maple Plain, MN 55359
BUILDERS r'
NL
a Certificate of Survey and Topographic Survey �
0 20 40
Feet
PROPOSED ELEVATIONS
TOP OF FOUNDA TION = 941.33
GARAGE FLOOR = 941.00
BASEMENT FLOOR = 933.50
Property Description:
Tract A and B, REGISTERED LAND SURVEY NO.
500, Hennepin County, Minnesota, according to
the recorded plot thereof.
Surveyors Note:
Easements shown ore from the Certificate of
Title it appears that other easements exist, but
they were not provided.
(A,,,fter
0
A a �-
v N
N �
94sr
X9 f6.93 41 Gib Shed Corner
936 �3.4' NE of Line _ \\
&D 931.4�33 a`S o-f'. `o`O /*9 � � � CO
� rn C�2 y 1 � -#' I O M
3 \ / � � k
X931.68
�) X931.56 •TRA &T,i ?J" ASH
0 � 4-6
9 S o, j
/ l /
Rood Eosement per j_ / ASH San. MH \ 1co /
\ ` Doc. No. 544834 �S. —Rim=932.18 931.60x \ ^• Vo \ 0� Q
.J ) L
r , INSTALL & MAINTAIN Inv=925.9 G� �3 U
\ 12' WIDE ROCK_ —... �? J9 ASH hoc O u)
..:........... ..
CONSTRUCTION �.......... / 21 "ASH Q�7 r7 J z
'�.• ENTRANCE ti, ......... ..�...
7 �'�,P
(t
31.
i' 52 Raised 0 c / \ �
19"ASH
/' Garden o o�
932 X931.73 Box cay i
9 ° I
VOLUME CAL COLA TIONS: ' / oo �3 'se / / I o�
W
CUT VOLUME = 106 C Y /� J ,o �� ` /
FILL VOLUME = 1,127 CY J Eoseme ood p0"AS
\ ses over Tract
A �er Doc. No. ✓N� -Edge o/ Conol
(\ yo a� �N_ 9S) 477271 and 544834 \
,1.00
14)
gqt 0 ! rJ �o / �
Cy) O b �
\ 933.39 h / h 9 941 g� oil :...
CO
1 Goje "S O.o NDOW \ kv\ /
i
WELL U
933.0 0 % 2.09
r l w o'°osFO 8.76� \
\ A _
OO�0S / ti00s 112.09
10 F ��� o"1 o " PROPOSED RETAINING
33 CY_ 0 0 ��. / _WALLS
FLOODPLA/N FILL �5 �1 7•
1.00 / Existing 0' g36 j 2 PROPOSED �, Z
o \ Screen Porch ARBORVI TA m
�` /,�\ % ^+ 9�? ! �0 / k' • •�''°,l/r 90 i -1.00 dry/ Q� L
+++++++++ �/ ' ��� �� .� LEGEND —V
9 X �` : . O
/ + + �+ + + S 9`�� p 0� x� x �' 'ss o // S 1010 denotes Proposed Contour
+ + + + ¢ t + `,� + +.' �, j z z lz '�z z st�2 z :tom z z z ., z / 1017.5 X
+ + + + + + �-� + + / , . � , �. � � 0 denotes Proposed Spot Elevation
i 10 g32� ��. ., :.
o - V v o /re s �8.0 / denotes Proposed Drainage M
iO4
+'ibt L i / / denotes Proposed Retaining Woll
7'� 1
/ + + + + +'�:+ / r 0 — 988 — denotes Existing Contour
/ ^�
h /
,y
+,�"� / 988.00 X denotes Existing Spot Elevation
9�OcY3.i8+{+'Y:+ . ! 33 Cy
i ' X9 6 Q) 1
—•••-FLOODPLA/N .— 00 h� FF=989.36 denotes Finished Floor Elevation Z
3 + + + + / JaIRGAROIy .�,o re �,,�0 ^ denotes Pre —construction Silt Logs O
/ g + + + + + + + +/ Fi o0 0, , J ��ct
++ + / e�oroo ; , �o� / DQ denotes Water Valve
p + / u o
U , ./— 17 denotes Hydrant
`o\ + Are33,042i S.F. to O.H.W.L.�<vQs denotes Sanitary Manhole o o
X 9.S 1.26 / U C N
Q denotes Deciduous Tree
8 Survey Line V 3
ss denotes Sanitary Sewer Line ,, m
x denotes Fence Line
9��sr o 4ko \ 9�, \ , — — — denotes Building Setback Line
ro^ r l So ��� Fron t = 35' o i
0-0,�� �� �X931.34 \ o c, C �,
�orc \ \ tipo \ Side = 10 a O
0`9,90 0' �� \ RipRop �, / �oA�� OH = 75' .c
a� Z Cr ra) 0 N
O/1 O
\ �'^l�, Concrete C 4 o c_
00 .9 —
`�\�"//� \' ; `� Retaining / v .c O
Wa//
60
So _'a -Edge of Conol
car i5� LO �`aJ 1 g � • +.
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ro /oti
-P
\ v�HARD S FACE \
PUBLI ROAD
PROPOSED HARDCOVER CALCULATIONS:
AREA TO OHWL =
33, 042f
S.F.
AREA
Proposed House
3,842
S. F.
Proposed Deck
80
S. F.
Proposed Porch
218
S. F.
Proposed Bituminous Driveway
3,161
S.F.
Proposed Retaining Walls
47
S.F.
Existing Shed
101
S.F.
Existing Bituminous Driveway
145
S.F.
Existing Povers
15
S.F.
Existing Screen Porch and Steps
277
S.F.
TO TAL
7,886
S. F.
9, HARDCOVER
23.9
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— — — — — — — — — — — — LINE OF UPSTAIRS EXTERIOR (8" FLOOR TRUSS CANTILEVER)
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27'-10 3/4"
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SEE ELEVATIONS
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27'-3"
29'-9 3/8"
9'-4 3/4" 11'-0" 9'-4 5/8"
13'-9 3/8"
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17'� 1 11
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17'-5"
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10'-01,
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85'-10 1 /4"
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Date Application Received: 08/23/2023
Date Application Considered as Complete: 10/06/2023
60-Day Review Period Expires: 12/05/2023
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner MCC
Date: 16 October 2023
Subject: #LA23-000051, Keplinger & Keranen Builders, Inc., o/b/o Erik & Marissa Winegarden,
2795 Shadywood Road
■ Variances and CUP
■ Public Hearing
Application Summary: The applicant is requesting the following in conjunction with redevelopment of the
property with a new home:
o Lot area and Lot Width variances;
o Variance for hardcover within the 75-foot setback;
o Average lakeshore setback variance for the new deck; and
o A 75-foot lake setback variance (from the lake and channel) for building improvements.
Additionally, a conditional use permit is required in order to permit the required 15-foot fill bench to be less
than 15-feet on the sides of the home in conjunction with elevating the home above the regulatory flood
ion elevation on fill.
Staff Recommendation: Planning Department Staff recommends partial approval of the application. See page
7 for full recommendation.
Background
The existing home on the property is situated within the 75-foot setback from the Narrows Channel.
Approximately 70% of the 0.75-acre property is within the 75-foot setback from the lake and channel. The
property line does not abut the concrete seawall on the channel as there is an approximate 3.5' foot strip of
land owned by Hennepin County (highlighted in yellow on the existing conditions survey; Exhibit D). There are
hardcover improvements within the 75-foot setback (from the channel and the lake), and the home is
nonconforming with respect to FEMA floodplain regulations relating to the low floor elevation and the adjacent
grades.
The owners plan to build a new home on the existing footprint with a garage addition as well as other
hardcover changes/improvements on the property. Their plans involve elevating the new home on fill to comply
with FEMA regulations and bring the home up to modern standards with respect to ceiling heights resulting in
an increase of mass within the 75-foot setback. The applicant's proposal contemplates cutting and filling within
the property in order to elevate the proposed home to meet the floodplain regulations. As a result of the
required fill and the changes to the structure of the home, the overall height is proposed to increase by
approximately 14 feet over existing conditions.
PROPOSED - West Lake Side Elevation Comparisons EXISTING -
West
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16 Oct 2023
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Practical Difficulties Analysis
Applicant Submittal Information: The applicant has identified the channel as the primary practical difficulty
supporting the requested variances. 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 existing conditions
of the lot (the house elevation and location, the narrow width of the lot, and its location along the channel
requiring a 75-foot setback) are practical difficulties supporting variances. Staff finds there are practical
difficulties for the requested variances with the exception of the screen porch portion of the home within 13
feet of the channel. The increased height of this porch combined with the extreme proximity to the channel
cannot be supported. The applicant has the right to rebuild this portion of the home in -kind but staff does not
find practical difficulty supporting the vertical expansion of the porch due to the close proximity to the lake. The
applicant should redesign the porch to minimize the massing impact so close to the OHWL.
LOT ANALYSIS WORKSHEET
Section 78-330 & 78-1279 — Setbacks:
LR-1B
Required
Existing
Proposed
Rear / Street
30'
154'
114'
West Side Yard
10,
13.2'
10.2'
Channel
75'
13.5' house
No change (massing increase)
71' deck
Lakeshore
75'
No change (massing increase)
77.5' house
The required average lakeshore setback for the property is based on the location
of the home to the west which measures 74' from the lake. The proposed deck is
smaller than existing and is proposed in the same location as the existing deck.
Average Lakeshore
The deck reflects a 6.5-foot encroachment into the ALS, and will be elevated
approximately 14 feet higher due to the increased elevation and height of the
home.
Section 78-330 — Lot Area/Width:
LR-1B
Lot Area
Lot Width
Required
43,560 s.f. (1.0 acres)
140'
200' @ 75'
Actual
33,042 s.f. (0.75 acre)
137'@ OHWL on the lake
310' along on the channel
Section 78-1403 — Structural Building Coverage:
Total Lot Area
Total Structural Coverage
33,042 s.f. (0.75 acre)
Allowed: 6,608 s.f. (20%)
Existing: 3,085.9 s.f. (9.3%)
Proposed: 4,065 s.f. (12.3%)
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Section 78-1680 and 78-1700 — Hardcover Calculations:
Stormwater
Total Area in
Allowed
Overlay District
Zone
Hardcover
Existing Hardcover
Proposed Hardcover
Tier
Tier 1
33,042 s.f.
8,260 s.f.
9,822.8 s.f.
5,166 s.f.
8,145 s.f.
4,638 s.f.
(25 %)
(29.7%)
w/in 75'
(24.6%)
w/in 75'
Applicable Regulations:
Lot Area and Lot Width Variance (Section 78-330)
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 within the Shoreland Overlay
District, 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 (The property is served by City sanitary sewer).
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 25 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 administrative
approval standards above. Therefore, lot area and lot width variances are also 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.
75-foot Lake Setback and Averaee Lakeshore Setback Variances (Sections 78-330 and 78-1279)
The property has a narrow 5,700 square foot buildable rectangle located outside the 75-foot lake, side and rear
setbacks. The applicant is proposing to build a new home on the existing foundation as they find this to be the
most suitable location to build due to the site constraints. The site constraints include the channel setback of 75
feet, the 75-foot lake setback on the west, the narrow width, the existing home location, and the low elevation
areas of the property (impacted by floodplain regulations).
The existing home is a low, walk -out rambler with a peak height (from first floor) of approximately 16.5 feet.
According to the comparison plans, the applicant is proposing to increase the height of the new rambler -style
home by approximately 14 feet overall including fill and increased height of the home. The home comparisons
can be seen in Exhibit E.
The applicant's original plan included increasing the height of the home in order to raise the ceiling heights in
the basement (8') and on the main level (9'). However, some of the volume expansions shown on the proposed
plans are the result of the floodplain regulations relating to the minimum low floor requirement (932.5') and the
MCWD's minimum low opening requirement (933.5'). The basement floor elevation of 930.3' in the existing
home is nonconforming with respect to FEMA regulations. The current plans reflect a conforming basement
floor elevation of 933.5'.
75-foot Hardcover Variance (Section 78-1279: 78-1680: and 78-1700
Approximately 70% of the property area is within the 75-foot setback from the lake and channel. The applicant
is proposing to reduce the total site hardcover by 1,677 square feet including the 528 square foot reduction
within the 75-foot setback. The driveway was reoriented and reduced, the lakeside sport court has been
removed, the paver patio has been removed, and the lakeside deck has been reduced by half.
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Conditional Use Permit relatine to elevatine the home on fill (Section 78-1125
Wherever floodplain filling is proposed, DNR and MCWD regulations require the floodplain be expanded
elsewhere so there is no decrease in flood storage capacity. The applicant is proposing equal mitigation for the
impacts on the property. The MCWD is currently processing the floodplain alteration permit application.
Additionally, the City's floodplain regulations require a rescue bench around all buildings proposed to be
elevated above the floodplain on fill. The fill material must continue for around the perimeter of the building to
create a 15-foot "rescue bench". The subject property is 137 feet wide; the proposed home is approximately
100 feet wide. The home is set back approximately 8 feet from the channel -side property line and while the 10-
foot 1_11-113 district setback can be met on the interior side, there is not sufficient room on either side of the
home to fully comply with the 15-foot perimeter fill requirement. The Code requires a conditional use permit to
formally address the departure from the fill bench requirement.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light
and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The
Planning Commission shall consider recommending approval for variances from the literal provisions of the
Zoning Code in instances where their strict enforcement would cause practical difficulties because of
circumstances unique to the individual property under consideration, and shall recommend approval only when it
is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code.
Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are
not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -
sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The
board or the council may not permit as a variance any use that is not permitted under this chapter for property
in the zone where the affected person's land is located. The board or council may permit as a variance the
temporary use of a one -family dwelling as a two-family dwelling.
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed
variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its
substandard size and width, the unique access over the easement on the rear, the proximity to the
channel, the 75-foot lake setback, the existing home location, and the floodplain areas of the property
making development difficult. The vertical expansion proposed on the screen porch is not in harmony
with the intent of the ordinance. The additional mass will intensify the use of the home and disrupt
the natural lakeshore.
The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home
in the same footprint on this nonconforming lot are consistent with the comprehensive plan.
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 construction of a new residence on the existing
foundation on the substandard lot is reasonable.
There are circumstances unique to the property not created by the landowner; The substandard
lot size is an existing condition, there is no available land with which to make the property
more conforming. The existing conditions, lot size, and location are challenges not created by
the owners. There should be consideration for variances for the property which is substandard
in area and setback requirements. The project has been designed with an effort toward
limiting the additional hardcover without sacrificing functionality; and
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The variance will not alter the essential character of the locality. The variances are requested in
order to permit construction of a new home in the same footprint, which is reasonable. A
variance to allow a new vertical encroachment for the screen porch, approximately 13' from
the OHWL, would alter the character of the channel and impact the natural setting of the
lakeshore.
Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as
follows:
4. Economic considerations alone do not constitute practical difficulties. Economic considerations have
not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. §
216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under Orono City
Code Chapter 78 for property in the zone where the affected person's land is located. This condition is
not applicable, as a single-family home is an allowed use in the LR-113 District.
7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-
family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such property or
immediately adjoining property. The property's substandard size, location, elevation, and unique
configuration creates difficulties which also apply to many of the properties in the same
neighborhood. The proposed setbacks and hardcover level are not out of character.
9. The conditions do not apply generally to other land or structures in the district in which the land is
located. The property's substandard area and width, in addition to the unique configuration along the
channel, creates difficulties which apply to very few properties in the City. Some neighboring
properties have similar challenges.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant. The proposed size of the home is not exceeding the existing footprint
within the setbacks. Granting of the lot area, setback, and hardcover variances are 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 variances for lot area and
width, hardcover, and setbacks in this 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. Without variances, redevelopment of the property would be
challenging. The variances for lot area and width, setback, and hardcover are necessary, and do not
merely serve as a convenience to the applicant.
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.
Applicable Regulation: Conditional Use Permit (Section 78-916)
The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the
use permit was applied for or in modified form. On the basis of the application and the evidence submitted,
the city must find that the proposed use at the proposed location is or will be:
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1) Consistent with the community management plan; the proposed development of the property for
residential use is consistent with the community management plan.
2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article
V, division 3 of the City Code; with the exception of the currently requested variances, the project will
conform to all applicable zoning requirements.
3) Adequately served by police, fire, roads, and stormwater management; in the opinion of staff this
criterion is met.
4) Provided with an adequate water supply and sewage disposal system; in the opinion of staff this
criterion is met.
5) Not expected to generate excessive demand for public services at public cost; in the opinion of staff this
criterion is met.
6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used
in the future; the development of the property for residential use is compatible and consistent with
the neighborhood and surrounding uses.
7) Consistent with the character of the surrounding area, unless a change of character is called for in the
community management plan; development of the property for residential use is compatible and
consistent with the neighborhood and surrounding uses.
8) Compatible with the character of buildings and site improvements in the surrounding area, unless a
change of character is called for in the community management plan; in the opinion of staff this
criterion is met.
9) Not expected to substantially impair the use and enjoyment of the property in the area or have a
materially adverse impact on the property values in the area when compared to the impairment or
impact of generally permitted uses; the request for grading and filling within the floodplain will be
reviewed by Minnehaha Creek Watershed District and a 1:1 mitigation will be required to offset any
impacts from the filling activity.
10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to
disturb surrounding uses; The alterations proposed are related to the mitigation for the removal of the
existing house foundation and minor leveling of the adjacent grade to elevate the proposed home to
meet the RFPE and are consistent with the redevelopment of the property for residential use. The
project should not result in undesirable views or sustained activity such to disturb neighbors.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical
interference, general unsightliness, or other means; The applicant will be required to adhere to the
City's erosion control regulations as well as the permitting requirements of the MCWD. Timely re -
vegetation and stabilization will be a requirement of the permitting process. The project should not
result in a nuisance condition.
12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a
demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the applicant
will be required to keep debris off of the public roadways; a haul route should be provided. The noise
resulting from the trucks and equipment moving the material in and around the site should be
minimized to the extent possible. The grading project will be evaluated and monitored by the City
Engineer and planning staff so as to minimize nuisances during the project.
13) Designed to take into account the natural, scenic, and historic features of the area and to minimize
environmental impact; the overall long-term effect of the project should result in minimal if any
environmental impacts.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or
neighboring residential uses or districts; this project should result in no additional non-residential
lighting or glare; and
15) Not detrimental to the public health, public safety, or general welfare. The project should not be a
detriment to the public health, public safety, or general welfare.
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A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain
in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall
prevent the city from enacting or amending official controls to change the status of conditional uses.
Conditional Use Permit Analysis:
In addition to the City's CUP requirement for filling/grading below the 100-year flood elevation, the activity is
subject to a floodplain alteration permit governed by the MCWD. The applicant has submitted an application to
the MCWD along with the required plans and engineering. The City engineer will assure that the permitting
conditions of the MCWD are consistent with the 1-to-1 volume mitigation requirement of the FEMA floodplain
regulations which the City enforces. Additionally, the applicant will be required to keep debris off of the public
roadways; a haul route should be provided with the permit for the home construction. Correction of damage to
the public roadways will be required to be completed as part of the building permit compliance.
Engineer Comments
There were no substantive comments from the City's Engineer; a full grading review will be conducted with the
building permit application.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. The Commission should ask the applicant for additional testimony regarding the screen porch and
the new vertical encroachments abutting the lake channel.
2. 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?
3. Does the Planning Commission find that the variance(s), if granted, will not alter the essential
character of the neighborhood?
4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts
created by the granting of the requested variance(s)?
5. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the variances as proposed, with the exception of the screen porch portion
of the home within 13 feet of the channel. The increased height of this porch combined with the extreme proximity
to the channel cannot be supported. The applicant is allowed to recapture the footprint and volume area of the
screen porch but expansion is not a right. Staff recommends that the applicant should redesign the porch to
minimize the massing impact so close to the OHWL.
Staff recommends approval of the conditional use permit for the rescue bench.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C.
Proposed Survey — annotated
Exhibit D.
Existing Survey
Exhibit E.
Proposed Plans and Elevations
Exhibit F.
Home Expansion Comparisons
Exhibit G.
Submitted Hardcover Calculations
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16 Oct 2023
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Exhibit H.
Buildable Area
Exhibit 1.
Aerial Photos
Exhibit J.
Site Photos
Exhibit K.
Property Owners List & Map