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Home My WebLink About11-13-2023 City Council Agenda PacketAgenda Council Meeting Monday, November 13, 2023 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.oronomn.gov Sign up for email notifications at www.oronomn.gov Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of October 23, 2023 2. City Council Work Session Minutes of October 23, 2023 3. Claims/Bills 4. Capital Lease Agreement – Resolution No. 7427 5. Approval of Next Work Session Agenda 6. Approval of Rental Licenses 7. Accept Donation from Gear West Ski & Bike, Inc. – Resolution No. 7420 8. Accept Donation from Gloria Rich – Resolution No. 7421 9. Authorization to Hire Part Time Firefighter 10. Authorization to Hire CSO 11. Approval to Purchase Utility Truck 12. Reapproval to Purchase Truck Chassis 13. Reapprove to Purchase Water Softener Valves for South Water Plant 14. 2022 Street Maintenance Project Close Out 15. Approval to Recruit Full Time Building Maintenance/Custodian 16. Approval of Tree Lighting Event Funding 17. Approval of Fireworks Display Permit 18. LA23-000050, Lucid Builders, 3359 Crystal Bay Road, Variances – Resolution No. 7422 19. LA23-000053, Pillar Homes Partner, Inc., 3765 Watertown Road, Variance – Resolution No. 7423 20. LA23-000059 Pebl Design, 980 Tonkawa Road, Variance – Resolution No. 7424 21. LA23-000058, Robert “Tripp” Snyder, 1513 Bay Ridge Rd, ATF Variance – Resolution No. 7426 22. LA22-000059, Tom Ryan, 2245 Watertown Rd, Preliminary Plat & Request for Materials – Resolution No. 7425 23. Finance Director Resignation and Recruitment Community Development Report 24. LA23-000051, Keplinger & Keranen Builders o/b/o Erik & Marissa Winegarden, 2795 Shadywood Rd, Variances & CUP – Resolution No. 7417 25. LA23-000054, Text Amendment – Ordinance 284 Finance Report 26. Third Quarter Financial Update City Attorney Report City Administrator/Engineer Report 27. Authorization for Design of Temporary Fire Facility Agenda Council Meeting Monday, November 13, 2023 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.oronomn.gov Sign up for email notifications at www.oronomn.gov 28. Recodification of Title I (chapters 1-10) and Title V Chapter 46 – Resolution 7428 Council Committee Reports 29. Future Fire Services Committee Update 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 Upcoming Events 2023 11/20 Planning Commission Meeting, 6:00 p.m. 11/23 City Offices Closed 11/24 City Offices Closed 11/27 Council Work Session, 5:00 p.m. 11/27 Council Meeting, 6:00 p.m. 12/11 Council Meeting with Truth in Taxation, 6:00 p.m. 12/22 City Offices Closed 12/25 City Offices Closed MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Alisa Benson and Maria Veach. Absent: Richard Crosby III. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Ron Olson, Community Development Director Laura Oakden, and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA The agenda was approved by consensus. CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF OCTOBER 9, 2023 2. COUNCIL WORK SESSION MINUTES OF OCTOBER 9, 2023 3. CLAIMS/BILLS 4. APPROVAL OF NEXT WORK SESSION AGENDA This item was removed from the consent agenda. 5. APPROVAL TO HIRE CITY CLERK – CHRISTINE LUSIAN 6. UPDATE PARK SUPERINTENDENT JOB DESCRIPTON AND SCORE 7. CARMAN BAY LAKE IMPROVEMENT DISTRICT LEVY -- RESOLUTION 7418 8. APPROVAL PERA ENROLLMENT FOR PT FIREFIGHTERS – RESOLUTION 7419 This item was removed from the consent agenda. 9. APPROVAL OF LEASE FROM HUNTINGTON BANK FOR 2017 PUMPER TRUCK This item was removed from the consent agenda. 10. LA23-000046, 3407 EASTLAKE STREET – RESOLUTION NO. 7415 Veach moved, Benson seconded, to approve the Consent Agenda with Items 4, 8 and 9 removed. VOTE: Ayes 4, Nays 0. 4. APPROVAL OF NEXT WORK SESSION AGENDA Benson asked for an explanation of the discussion of average lakeshore setback planned for the next work session. City Administrator Edwards said Community Development Director Laura Oakden has done some research on this topic and will be presenting some recommendations on possible ways forward. MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 Benson moved, Johnson seconded, to approve the next work session agenda. VOTE: Ayes 4, Nays 0. 8. APPROVAL PERA ENROLLMENT FOR PT FIREFIGHTERS – RESOLUTION 7419 Benson said she is not in favor of this as passing this resolution is only necessary because of the direction the City of Orono has taken in establishing an independent fire department, exposing the citizens of Orono to unnecessary risk and increased taxes beginning next year. Walsh said he did not agree with those statements. Walsh moved, Johnson seconded, to adopt Resolution 7419 for PERA enrollment for part-time firefighters. VOTE: Ayes 3, Nays 1 (Benson). 9. APPROVAL OF LEASE FROM HUNTINGTON BANK FOR 2017 PUMPER TRUCK Benson said she asked to have this item pulled from the consent agenda because she opposes it for the same reasons as the previous item. Johnson moved, Veach seconded, to enter into a lease agreement contract with Huntington Bank for the 2017 pumper truck. VOTE: Ayes 3, Nays 1 (Benson). PUBLIC HEARING 11. CERTIFICATION OF DELINQUENT UTILITIES – RESOLUTION NO. 7417 Mayor Walsh opened the public hearing at 6:06 p.m. There were no public comments. Mayor Walsh closed the public hearing at 6:06 p.m. Johnson moved, Veach seconded, to adopt Resolution 7417 certifying 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 2024 property taxes. VOTE: Ayes 4, Nays 0. COMMUNITY DEVELOPMENT REPORT 12. LA23-000051, 2795 SHADYWOOD ROAD, VARIANCES AND CUP – RESOLUTION NO. 7417 City Planner Curtis explained the applicant is proposing to construct a new home on the existing home 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 fill and the architectural changes result in an approximate 14 feet of increased building mass within the 75-foot setback creating new vertical encroachments. 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. It is situated 13.5 feet from the Narrows Channel where 75 feet is required. Approximately 70 percent of the property is within the 75-foot setback from the lake and/or channel. There are currently building and MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 hardcover improvements within the 75-foot setback (from the channel and the lake), and the home is nonconforming with respect to FEMA floodplain regulations. 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. 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. 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 Conservation District. On October 16 the Planning Commission held a public hearing and voted 6 to 0 on a motion to approve the application as applied. No comments from the public were received. 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 and would recommend a changed roof line or converting the porch to a patio, she said. Walsh asked if the difference was the gabled roof on the porch. Curtis said that and the need to raise the new home on fill because of FEMA regulations and the design of the porch roof resulted in the change in elevation near the channel. The porch has a flat roof now. Erick Hill of K and K Builders said the reason for the change in the porch roof line was aesthetics. They did not think a flat roof would look appropriate on the new design of the house. Walsh asked about practical difficulty as aesthetics is not a practical difficulty. Johnson said he was familiar with this property, and it is striking how close that home is to the channel. With the property going up it will feel like that porch is hanging over the channel, he said. However, they are placing the house on its current footprint and the porch would be located where it is now. He noted the home is being raised three feet because of the fill required by FEMA. He suggested they could have three feet above the current roof. He said it looked like a good plan with reduced hardcover. He asked if the builder could suggest an alternative to the roof. Hill said the porch is a little higher because they made it level with the first floor instead of a step down. They did not like a flat roof. Johnson suggested they give a maximum roof height and let them figure out the design. Benson said she was in favor of following the staff recommendation as the desire to have a gabled roof because of the other gables on the house are a design choice, not a practical difficulty. The applicant said the vegetation along the channel would screen the proposed roof from view. Benson moved, Johnson seconded, to direct staff to draft a resolution to approve LA23-000051, 2795 Shadywood Road, Variances and CUP consistent with the staff recommendation. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 Community Development Director Oakden said the staff is working through some applications for the upcoming Planning Commission meeting, an ordinance text amendment the Council would see at their next work session and is busy with permitting and code enforcement. FINANCE DIRECTOR REPORT Finance Director Olson said the new broadcasting system is working well. They are waiting for one more piece of equipment and then will make it more obvious on the website that people can click the link that is similar to earlier recordings or use the Swagit link to get closed captioning and the meeting transcript. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT City Administrator Edwards gave a couple of engineering updates. The Navarre parking lot is complete and crews are prepping the roadways by the new force main for patching. At the new Public Works facility, work is progressing to prep for winter and for interior work to continue during the winter. Spring completion is still planned. On the City Administrator side, he noted the hiring of a new City Clerk with a start date in mid-November. COUNCIL COMMITTEE REPORTS There were no Council Committee Reports PUBLIC COMMENTS Cheryl Kulseth, 725 Stonebay Drive, said she would like to request a message from the Mayor in the next City newsletter including what she said many have been requesting -- a sound reason why Orono needs to go it alone on a fire department while most municipalities are moving to fire districts. It should be an easy request and he should be able to articulate his reasoning, she said. It is not about politics but about the community and how resources are being managed, listening to citizens and being fiscally responsible. She said she has not heard any member of the public at a meeting support the independent fire department. She sees lack of transparency about the reasoning and expenditures and feels the Council is isolating the community from its neighbors. She said she has a lot of respect for people who choose to step up and run for public office but is not aware of anyone in her neighborhood who feels the City is moving in the right direction. Nancy Brantingham, 3185 County Road 6, quoted from a letter to the editor in the Star Tribune from four previous Orono mayors stating they were appalled by the embarrassing and intimidating conduct of the sitting Mayor who allegedly threatened a fire fighter from the neighboring Long Lake community. They said this belligerent style of governance has no place in our City. She said she has witnessed bullying behavior by the Mayor in public and finds it embarrassing and belittling. Kelly Grady, Long Lake, said the City Council at the last meeting said that it would be fiscally irresponsible for Long Lake not to allow Chief Van Eyll to conduct Blue Card training or serve on duty MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 crews. She said many if not the majority of Long Lake fire fighters do not support bringing on Van Eyll because he has put out cherry-picked information in an attempt to justify the need for a new department that does not accurately reflect the response times of the Long Lake Fire Department. Many felt betrayed by the misuse of information to make the department appear inept, she said, and many do not support prematurely annexing Fire Department Station 2 ahead of the end of the contract. She said this goes against the fire fighter’s request to keep the department whole. It does not benefit the community to dismantle a successful department and create two superfluous departments per the recommendation of Van Eyll. She also pointed to litigation and the threats against one fire fighter, saying many felt betrayed by Van Eyll. They feel it would cause morale to plummet, she said, more than the situation already has. Blue Card training is very serious and this would create a distraction. Krista Berbig Long Lake, said the Long Lake Fire Department recently saved three out of four homes in a fourplex, did a phenomenal job, and had a very successful fire open house two weeks ago, and yet the Orono Council continues to drag its feet and delay the approval of the 2024 budget, impacting the department that currently serves each of their homes. She said she does not appreciate the underfunding and the refusal to move the budget forward. She said they are pushing back over $40,000 to bring Van Eyll back to do some duty crew training while spending millions on equipment that will serve Orono and leave the rest in the dust. It is shortsighted to keep underfunding the Long Lake Department and refusing to fund the budget, she said, adding the Council has spent hours meeting after meeting on easements and pickleball and won’t spend more than a two-minute discussion with constituents about Long Lake Fire. Chelsea Wetrick, Corcoran, told the Council they are not winning any popularity contests. She said she hadn’t been there in awhile and had hoped to talk to Crosby tonight. Brad Erickson, Corcoran, also said he was hoping Crosby would be there. He said he doesn’t know why Crosby needs the support of two armed officers when he is there to walk the distance to his car. He talked about the situation in Franklin, Tennessee, where he said the Proud Boys under a different name are protecting a mayoral candidate. He wondered if Orono’s next election cycle is going to look like Franklin, Tennessee. He asked when Crosby is going to answer the January 6 questions he asked. It’s not so much what happened as what the Orono Council is doing and not doing to address it, he said, adding freedom of speech only goes one way as he has been almost arrested by the officers at the Council meetings. MAYOR/COUNCIL REPORT Benson said she had completed a training course on communication for elected officials. The course emphasized trust as one of the most important communication skills for a member of Council. It was identified as one of the main ways elected officials establish credibility in their communities including by being available, approachable, honest, and communicating regularly. She said making a mistake does not equate with being untrustworthy, but taking responsibility is key to repairing trust when it has been broken. She said in the days since the last Council meeting, it has been reported that the Mayor has been accused of making threats against a member of the Long Lake Fire Department. The firefighter involved has made a sworn statement. She said she does not condone the actions the Mayor of Orono has been accused of. Threats of any type are not okay for any reason under any circumstances, especially for public officials. She said Council Members have voluntarily stepped into public roles that require an adherence to conduct that is held to a higher standard. She stands behind the right of community members to speak freely to the Council or about the Council without fearing retribution or any form of intimidation. Johnson said he had nothing. MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 6 Veach said there is a Fire Advisory Board Meeting coming up. Walsh said trust is an interesting word. In this country, you are innocent until proven guilty, he said. Cody Farley’s statement that he made about him is a fabrication, Walsh said. He called it an absolute lie and said what is sad to him is the desperation that is going on that would create this environment. He said he was sad for Cody that he had to go to those lengths. He noted MEA has just passed and congratulated the Orono Girls Swim and Dive Team for being State Champions for the first time in their history. Coffee with the Mayor was a blast with a great bunch of people there, he said. They concluded social media is not the place to go to get your information. He cautioned everyone to be safe on Halloween as it is going to be cold. The next newsletter will have a very long dissertation about the Fire Department that should answer all questions. He ended with a quote from Nelson Rockefeller. ADJOURNMENT Walsh moved, Johnson seconded, to adjourn the meeting at 6:50 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Nola Dickhausen, Interim City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, October 9, 2023 Council Chambers 5:00 p.m. Page 1 of 1 PRESENT: Mayor Dennis Walsh, Council Members Maria Veach, Alisa Benson, and Matt Johnson. Staff members present were City Administrator Adam Edwards, Finance Director Ron Olson, Public Works Superintendent DJ Goman, and Interim City Clerk Nola Dickhausen. 1. Capital Improvement Plan Updated for 2024 City Administrator Adam Edwards presented the draft 2024 CIP. This is the second of two work sessions to discuss the CIP. This session’s focus is on the Streets, Sewer, Water, Storm Water and Equipment. Meeting ended at 5:56 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Nola Dickhausen, Interim City Clerk AGENDA ITEM Prepared By: AJ Reviewed By: AH Approved By: 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 122203 to 122320 and ACH transaction 20130400 to 20130406 totaling $1,819,974.70. 3. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Item No.: 3 Date: November 13, 2023 Item Description: Claims/Bills Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CORY PETERSEN 10/25/2023 122057 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000016 1680 ORCHA 10,000.00- Total 122057:10,000.00- TONY WITTKE 10/24/2023 122177 2023.10 WIT 101-42110-226 UNIFORM/WITTKE DC Police Department 246.35- Total 122177:246.35- BCA TRAINING & DEVELOPMEN 10/27/2023 122189 31881 101-42110-437 TRAINING/DMT/RAZE Police Department 75.00 BCA TRAINING & DEVELOPMEN 10/27/2023 122189 31882 101-42110-437 TRAINING/DMT/RAZE Police Department 75.00 Total 122189:150.00 BOYER TRUCKS - ST MICHAEL 10/27/2023 122190 093P3458 701-49800-222 STEP FOR 424 197.99 Total 122190:197.99 BUREAU OF CRIM. APPREHEN 10/27/2023 122191 0000076164 101-42110-311 CJDN ACCESS FEE Police Department 2,040.00 Total 122191:2,040.00 Century Link 10/27/2023 122192 GC 10.19-11.101-45210-321 GC PHONE/INTERNET Golf Course 236.71 Total 122192:236.71 CORY PETERSEN 10/27/2023 122193 RPS22-16 16 101-22205 ESCROW REFUND - RPS22-000016 1680 ORCHA 10,000.00 CORY PETERSEN 10/27/2023 122193 RPS22-16 16 101-39610 ESCROW REFUND - RPS22-000016 1680 ORCHA 25.00- Total 122193:9,975.00 KARL CHEVROLET INC 10/27/2023 122194 274 101-42110-550 NEW SQUAD 274 PURCHASE Police Department 43,012.60 Total 122194:43,012.60 NCPERS GROUP LIFE INS.10/27/2023 122195 67320011202 101-21710 PERA LIFE 10/2023 328.00 Total 122195:328.00 OPTUM 10/27/2023 122196 0001507553 101-41900-319 HSA MAINTENANCE FEE 3RD QTR 2023 Central Services 123.50 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122196:123.50 SECOND NATURE GRAPHICS 10/27/2023 122197 478 101-41900-201 BUSINESS CARDS - A JOHNSON, J RUTHENBER Central Services 186.00 Total 122197:186.00 SONICLEAR 10/27/2023 122198 73818 710-49970-416 ANNUAL SUPPORT - RECORDING SOFTWARE 473.00 Total 122198:473.00 US Bank Equipment Finance 10/27/2023 122199 513398958 710-49970-413 COPIERS - LEASE 1,323.51 Total 122199:1,323.51 Wright-Hennepin Coop Electric 10/27/2023 122200 3503082722 101-43100-381 BRUSH SITE 09/01-10/01 Brush Site 27.67 Wright-Hennepin Coop Electric 10/27/2023 122200 3503082722 101-43000-381 ELECTRICAL SERVICE 09/01-10/01-2023 Public Works Department 219.46 Wright-Hennepin Coop Electric 10/27/2023 122200 3503082722 101-45210-381 GC SECURITY 1/30/2023 Golf Course 212.42- Total 122200:34.71 ZAYO GROUP LLC 10/27/2023 122201 19973395 601-49400-321 PHONE SERVICE 8/22/2023-10/23/2023 665.18 Total 122201:665.18 UNITED STATES POSTAL SERVI 11/01/2023 122202 2023.10 UTIL 651-49910-322 10.2023 UTILITY BILLING Storm Water 360.57 UNITED STATES POSTAL SERVI 11/01/2023 122202 2023.10 UTIL 602-49450-322 10.2023 UTILITY BILLING Sewer 360.57 UNITED STATES POSTAL SERVI 11/01/2023 122202 2023.10 UTIL 601-49400-322 10.2023 UTILITY BILLING 360.57 Total 122202:1,081.71 ACME TOOLS 11/13/2023 122203 11883002 101-43000-226 PPE HARHATS Public Works Department 234.90 ACME TOOLS 11/13/2023 122203 11883131 101-43000-226 PPE HARDHATS Public Works Department 194.95 Total 122203:429.85 ALLISON HOUSTON 11/13/2023 122204 LA23-000042 101-22205 ESCROW REFUND - LA23-000042 - 4731 NORTH 700.00 Total 122204:700.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AMAZON CAPITAL SERVICE 11/13/2023 122205 13PH-DR6K-101-43000-226 PPE Public Works Department 274.49 AMAZON CAPITAL SERVICE 11/13/2023 122205 13PH-DR6K-601-49400-226 PPE 274.49 AMAZON CAPITAL SERVICE 11/13/2023 122205 13PH-DR6K-602-49450-226 PPE Sewer 274.49 AMAZON CAPITAL SERVICE 11/13/2023 122205 13PH-DR6K-651-49910-226 PPE Storm Water 274.49 AMAZON CAPITAL SERVICE 11/13/2023 122205 13PH-DR6K-701-49800-215 TIRE REPAIR SUPPLIES 71.01 AMAZON CAPITAL SERVICE 11/13/2023 122205 13PH-DR6K-701-49800-222 CELL PHONE HOLDERS FOR TRUCKS 364.55 AMAZON CAPITAL SERVICE 11/13/2023 122205 149J-36QP-P 710-49970-221 IPHONE CASE 10.64 Total 122205:1,544.16 AMERICAN ENGINEERING TES 11/13/2023 122206 INV-157914 440-48970-304 21-039 NEW PUBLIC WORKS FACILITY 5,124.50 Total 122206:5,124.50 ANDREW IVERSON 11/13/2023 122207 LA22-000064 101-22205 ESCROW REFUND - LA22-000064 - 4448 NORTH 700.00 Total 122207:700.00 APACHE GROUP OF MN INC 11/13/2023 122208 227639 101-41900-223 BATH TISSUE Central Services 1,145.00 Total 122208:1,145.00 ASPHALT SURFACE TECHNOL 11/13/2023 122209 2022 STR. I 435-48975-590 2022 STREETS PROJECT 13,502.39 ASPHALT SURFACE TECHNOL 11/13/2023 122209 2022 STR. I 435-20600 2022 STREETS PROJECT 39,808.53 Total 122209:53,310.92 Awards by Cindy LLC 11/13/2023 122210 55271 101-42400-221 NAME PLATE PARKS COMMISSION Building & Zoning 18.40 Total 122210:18.40 BIFFS INC 11/13/2023 122211 W941309 101-45200-415 BIFF RENTAL Parks 91.78 BIFFS INC 11/13/2023 122211 W941310 101-45200-415 BIFF RENTAL Parks 59.28 BIFFS INC 11/13/2023 122211 W941311 101-45200-415 BIFF RENTAL Parks 65.00 BIFFS INC 11/13/2023 122211 W941312 101-45200-415 BIFF RENTAL Parks 32.50 BIFFS INC 11/13/2023 122211 W941313 101-45200-415 BIFF RENTAL Parks 32.50 BIFFS INC 11/13/2023 122211 W941314 101-45200-415 BIFF RENTAL Parks 59.28 BIFFS INC 11/13/2023 122211 W941315 101-45200-415 BIFF RENTAL Parks 91.00 BIFFS INC 11/13/2023 122211 W941316 101-43100-415 BRUSH SITE Brush Site 91.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122211:522.34 BITUMINOUS ROADWAYS INC 11/13/2023 122212 2023 TONKA 602-20600 22-021 TONKAWA FORCEMAIN REPLACEMENT 9,412.33- BITUMINOUS ROADWAYS INC 11/13/2023 122212 2023 TONKA 602-16500 22-021 TONKAWA FORCEMAIN REPLACEMENT 188,246.50 Total 122212:178,834.17 BLACK DOG HOMES 11/13/2023 122213 RPS23-0001 101-34410 PERMIT REFUND 3,383.20 Total 122213:3,383.20 BLUE CARD HENNEPIN COUNT 11/13/2023 122214 23-043 101-42260-437 INCIDENT COMMAND TRAINING Fire Protection Services 200.00 Total 122214:200.00 BOLTON & MENK INC.11/13/2023 122215 0323078 440-48975-304 21-039 PW FACILITY CONSTRUCTION 2,680.00 Total 122215:2,680.00 BOYER TRUCKS - ST MICHAEL 11/13/2023 122216 093P1865 101-43000-221 BATTERYS AND TRUCK LIGHT KIT Public Works Department 788.12 Total 122216:788.12 Bratt Tree Company 11/13/2023 122217 102741 435-48974-590 TREE REMOVAL IN ROW- TASK 79186 600.00 Bratt Tree Company 11/13/2023 122217 11544 101-43000-408 TREE REMOVAL IN ROW LYMAN AVE TASK78757 Public Works Department 5,402.25 Total 122217:6,002.25 BRAUN INTERTEC 11/13/2023 122218 B364170 435-48978-304 24-001 2024 STREETS PROJECT 675.50 Total 122218:675.50 BURDA, DAVID 11/13/2023 122219 1966 SHADY 601-49400-405 REPAIR DRIVEWAY AFTER WATERMAIN BREAK 1,000.00 Total 122219:1,000.00 CARGILL SALT 11/13/2023 122220 2908784421 601-49400-216 SOFTENER SALT 6,396.65 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122220:6,396.65 CENTERPOINT ENERGY MAIN 11/13/2023 122221 2023.10 137 602-49450-381 GAS SERVICE 1377 VINE PL 09/21/2023 - 10/20/2 Sewer 11.62 CENTERPOINT ENERGY MAIN 11/13/2023 122221 OCT 2023 601-49400-381 GAS SERVICES 1377 VINE PL 9/20/23-10/19/23 760.16 CENTERPOINT ENERGY MAIN 11/13/2023 122221 OCT 2023 602-49450-381 GAS SERVICES 1377 VINE PL 9/20/23-10/19/23 Sewer 440.21 CENTERPOINT ENERGY MAIN 11/13/2023 122221 OCT 2023 101-41900-381 GAS SERVICES 1377 VINE PL 9/20/23-10/19/23 Central Services 187.78 CENTERPOINT ENERGY MAIN 11/13/2023 122221 OCT 2023 101-42110-381 GAS SERVICES 1377 VINE PL 9/20/23-10/19/23 Police Department 99.17 CENTERPOINT ENERGY MAIN 11/13/2023 122221 OCT 2023 613-49830-381 GAS SERVICES 1377 VINE PL 9/20/23-10/19/23 Golf Course 107.22 Total 122221:1,606.16 CENTRAL PENSION FUND SOU 11/13/2023 122222 110223 CFP 101-21705 CENTRAL PENSION FUND 110223 920.00 Total 122222:920.00 CITY OF CORCORAN 11/13/2023 122223 4TH QTR 20 101-42110-438 4TH QTR 2023 TOWARDS ZERO DEATHS GRANT Police Department 5,008.83 Total 122223:5,008.83 CITY OF CRYSTAL 11/13/2023 122224 4TH QTR 20 101-43280-438 4TH QTR 2023 TOWARD ZERO DEATHS GRANT Special Services 18,288.36 Total 122224:18,288.36 CITY OF DAYTON 11/13/2023 122225 4TH QTR 20 101-43280-438 4TH QTR 2023 TZD GRANT Special Services 8,967.43 Total 122225:8,967.43 City of Deephaven 11/13/2023 122226 4TH QTR 20 101-43280-438 4TH QTR 2023 TOWARDS ZERO DEATH GRANT Special Services 765.12 Total 122226:765.12 CITY OF MEDINA 11/13/2023 122227 4TH QTR 20 101-43280-438 4TH QTR 2023 TOWARDS ZERO DEATH GRANT Special Services 7,968.21 Total 122227:7,968.21 CITY OF NEW HOPE 11/13/2023 122228 4TH QTR 20 101-43280-438 4TH QTR 202. TOWARDS ZERO DEATHS GRANT Special Services 10,104.72 Total 122228:10,104.72 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount City of Orono Utilities 11/13/2023 122229 142700000 - 101-41900-382 AUGUST 2023 PW Central Services 1,037.65 City of Orono Utilities 11/13/2023 122229 142780000 - 101-41900-382 SEPTEMBER 2023 UB CH & PD Central Services 149.21 City of Orono Utilities 11/13/2023 122229 142780000 - 101-42110-382 SEPTEMBER 2023 UB CH & PD Police Department 149.22 City of Orono Utilities 11/13/2023 122229 211355200 - 101-41900-382 SEPTEMBER 2023 UB - PO Central Services 86.37 City of Orono Utilities 11/13/2023 122229 212345000 - 601-49400-382 SEPTEMBER 2023 UB - WTP 156.74 Total 122229:1,579.19 CITY OF ROBBINSDALE 11/13/2023 122230 4TH QTR 20 101-42110-438 4TH QTR 2023 TOWARDS ZERO DEATH GRANT Police Department 3,852.42 Total 122230:3,852.42 CITY OF WAYZATA 11/13/2023 122231 OCTOBER 2 602-49450-387 OCT 2023 SEWER Sewer 6,520.50 CITY OF WAYZATA 11/13/2023 122231 OCTOBER 2 601-49400-387 OCT 2023 WATER 3,170.50 Total 122231:9,691.00 CROTEGA, LLC 11/13/2023 122232 1350 101-42110-437 USE OF FORCE/REPULS TRAINING Police Department 165.00 CROTEGA, LLC 11/13/2023 122232 1353 101-42110-228 USE OF FORCE/REPULS Police Department 74.35 Total 122232:239.35 DATA PRACTICES OFFICE 11/13/2023 122233 0000076716 101-42110-437 ADMIN TRAINING DP Police Department 250.00 Total 122233:250.00 DAVID WEEKLY HOMES 11/13/2023 122234 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000037 605 BLOSSO 9,000.00 DAVID WEEKLY HOMES 11/13/2023 122234 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000038 - 609 BLOSS 10,000.00 DAVID WEEKLY HOMES 11/13/2023 122234 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000039 - 613 BLOSS 10,000.00 DAVID WEEKLY HOMES 11/13/2023 122234 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000040 - 617 BLOSS 10,000.00 DAVID WEEKLY HOMES 11/13/2023 122234 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000041 - 621 BLOSS 10,000.00 Total 122234:49,000.00 DITTER INC.11/13/2023 122235 i17759 101-41900-404 ANNUAL SERVICE ON FURNACES Central Services 95.00 Total 122235:95.00 DOCK & LIFT INC 11/13/2023 122236 514819 101-41900-404 JEREMY'S DOCK REMOVAL (BIG ISLAND)Central Services 325.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122236:325.00 DVS SPECIAL SERVICES 11/13/2023 122237 UC CAR 943 101-42110-441 UC 1C6RR7XT4GSW343955 Police Department 23.25 DVS SPECIAL SERVICES 11/13/2023 122237 UC TABS EK 101-42110-441 UC CAR 2FMPK4K96JBB43770 Police Department 23.25 Total 122237:46.50 E.J. MAYERS INC 11/13/2023 122238 1014 602-49450-406 FLUSHING CONNECTION REPAIR Sewer 1,325.00 Total 122238:1,325.00 EARL F ANDERSON & ASSOC 11/13/2023 122239 0134526-IN 101-43000-224 SIGNS Public Works Department 378.15 Total 122239:378.15 EBERT INC 11/13/2023 122240 PW PAY APP 440-20600 21-039 NEW PUBLIC WORK FACILITY CONSTRU 1,003,479.35 Total 122240:1,003,479.35 EHLERS AND ASSOCIATES INC 11/13/2023 122241 95308 321-47000-319 2022 CONTINUING DISCLOSURE-SAFES 66.25 Total 122241:66.25 ENZ USA 11/13/2023 122242 2303255 602-49450-227 JETTING TIPS FOR FLOWTECH NOZZLE.Sewer 426.26 Total 122242:426.26 FERGUSON WATERWORKS #25 11/13/2023 122243 0521802 601-49400-227 METERS 3,560.14 Total 122243:3,560.14 FILEONQ INC 11/13/2023 122244 11343 101-42110-416 FILEONQ - ANNUAL LICENSE RENEWAL Police Department 1,300.67 Total 122244:1,300.67 FLOCK GROUP INC 11/13/2023 122245 INV-22211 101-42110-319 LPR CAMERAS 23/24 Police Department 5,000.00 Total 122245:5,000.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount FULLERTON, MARNA 11/13/2023 122246 1000 OLD C 999-10015 UB REFUND - 1000 OLD CRYSTAL BAY RD S - FU 86.44 Total 122246:86.44 G&H Distributing & Supply Inc 11/13/2023 122247 00173279 101-43000-221 HYDRANT HOSE - UNIT 430 Public Works Department 51.57 Total 122247:51.57 GEISLINGER AND SONS INC.11/13/2023 122248 08.01.2023 601-49400-405 22-023 WATERMAIN REPLACEMENT 3,270.86 Total 122248:3,270.86 GEOFFREY & ELIZABETH JOHN 11/13/2023 122249 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000020 - 670 PINEH 10,000.00 Total 122249:10,000.00 GOPHER ACE 11/13/2023 122250 017949/1 101-43000-226 PPE CHAPPS AND GLOVES SCOTT L Public Works Department 227.97 GOPHER ACE 11/13/2023 122250 017950/1 101-45200-404 TAPE AND ZIP TIES Parks 30.88 GOPHER ACE 11/13/2023 122250 018136/1 601-49400-227 UTILITY MARKING PAINT 59.88 GOPHER ACE 11/13/2023 122250 018136/1 602-49450-227 UTILITY MARKING PAINT Sewer 59.88 GOPHER ACE 11/13/2023 122250 17953/1 101-45200-404 FOAM SEALANT Parks 21.98 GOPHER ACE 11/13/2023 122250 17997/1 101-45200-404 BOLTS Parks 12.20 GOPHER ACE 11/13/2023 122250 18016/1 101-41900-223 MOUSE TRAPS Central Services 20.97 GOPHER ACE 11/13/2023 122250 18044/1 101-43000-222 NUTS AND BOLTS FOR BATTERY ON SQ. 255 Public Works Department 6.56 GOPHER ACE 11/13/2023 122250 18074/1 101-43000-212 OIL FOR CHAINSAW GAS AND BAR Public Works Department 49.24 GOPHER ACE 11/13/2023 122250 18083/1 101-43000-224 CONCRETE BAG MIX Public Works Department 7.59 GOPHER ACE 11/13/2023 122250 18086/1 101-43000-240 NEW CHAIN SAW CHAIN Public Works Department 44.97 GOPHER ACE 11/13/2023 122250 18121-1 101-41900-223 MOUSE TRAPS Central Services 6.99 Total 122250:549.11 GOPHER STATE ONE CALL 11/13/2023 122251 3100659 602-49450-227 LOCATES - SEWER Sewer 209.92 GOPHER STATE ONE CALL 11/13/2023 122251 3100659 601-49400-489 LOCATES - WATER 209.93 Total 122251:419.85 GREAT RIVER FEDERAL CREDI 11/13/2023 122252 23010202 101-42110-311 INVESTIGATIONS/LEGAL DOCUMENT REQUEST Police Department 12.00 Total 122252:12.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GREGERSON, ROSOW, JOHNS 11/13/2023 122253 48945 101-41600-306 PROSECUTION SERVICES 10/2023 Law/Legal Services 3,301.82 Total 122253:3,301.82 HACH CHEMICAL CO 11/13/2023 122254 13786093 601-49400-216 CHEMICALS 780.84 Total 122254:780.84 HAWKINS INC 11/13/2023 122255 6611389 601-49400-216 CHEMICALS 7,888.90 Total 122255:7,888.90 HENNEPIN COUNTY CHIEFS OF 11/13/2023 122256 1109 101-42110-437 TRAINING/ACTIVE THREAT - SZCZEPANIK Police Department 40.00 Total 122256:40.00 HENNEPIN COUNTY INFOR TE 11/13/2023 122257 1000214305 101-42110-414 RADIOS - COUNTY FEE Police Department 2,930.68 HENNEPIN COUNTY INFOR TE 11/13/2023 122257 1000214328 101-43000-415 PW RADIOS Public Works Department 296.89 Total 122257:3,227.57 HOLIDAY COMPANIES 11/13/2023 122258 07960111230 101-42110-402 CAR WASHES / HOLIDAY Police Department 181.50 Total 122258:181.50 HOLTON ELECTRIC CONTRACT 11/13/2023 122259 4273 602-16500 WIRING FOR LS#19 GENERATOR 2,410.00 Total 122259:2,410.00 IN CONTROL INC.11/13/2023 122260 S-INV01048 601-49400-405 WATER TOWER SCADA REPAIRS 2,231.25 Total 122260:2,231.25 JR'S ADVANCED RECYCLERS 11/13/2023 122261 111425 603-49500-442 FALL CLEAN UP 1,720.00 Total 122261:1,720.00 KODIAK POWER SOLUTIONS 11/13/2023 122262 12904171 602-49450-406 REPAIR TRANSFER SWITCH @ LS#1 Sewer 310.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122262:310.00 KYLE KIRSCHNER 11/13/2023 122263 2023.10 KYL 101-42110-317 XERXES CARE Police Department 139.00 KYLE KIRSCHNER 11/13/2023 122263 2023.10.20 K 101-42110-212 FUEL REIMBURSEMENT FOR DODGE JOURNEY Police Department 42.08 Total 122263:181.08 LAPOINTE UTILITIES INC 11/13/2023 122264 ROW22-000 101-22205 ESCROW REFUND - ROW 22-000016 - OCB FRO 1,500.00 LAPOINTE UTILITIES INC 11/13/2023 122264 ROW23-000 101-22205 ESCROW REFUND - ROW23-000001 - INTERSEC 1,500.00 LAPOINTE UTILITIES INC 11/13/2023 122264 ROW23-000 101-22205 ESCROW REFUND - ROW23-000003 - BOHNS PT 1,500.00 LAPOINTE UTILITIES INC 11/13/2023 122264 ROW23-000 101-22205 ESCROW REFUND - ROW23-000036 - 1735 FAGE 1,500.00 LAPOINTE UTILITIES INC 11/13/2023 122264 ROW23-000 101-22205 ESCROW REFUND - ROW23-000045 - 1395 ORO 1,500.00 LAPOINTE UTILITIES INC 11/13/2023 122264 ROW23-000 101-22205 ESCROW REFUND - ROW23-000050 - 345 SPRIN 1,500.00 Total 122264:9,000.00 LEAGUE OF MN CITIES INS TR 11/13/2023 122265 8582 703-49960-379 SPRING PARK WATERMAIN - FAILED LOCATE 2,500.00 LEAGUE OF MN CITIES INS TR 11/13/2023 122265 8605 703-49960-379 PLOW TRUCK-PARKED VEHICLE 2,500.00 Total 122265:5,000.00 LONG, BILL & MARTHA 11/13/2023 122266 10.23.2023. - 999-10015 UB REFUND - 625 OLD LONG LAKE RD - LONG, 268.90 Total 122266:268.90 LUND, MARIA COTE 11/13/2023 122267 2732 CAROL 602-37690 POINT OF SALE REFUND 150.00 Total 122267:150.00 MACQUEEN EQUIPMENT LLC 11/13/2023 122268 CRF P52119 651-49910-221 CREDIT FOR SWEEPER PART Storm Water 41.42- MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P21135 415-42260-580 EQUIPMENT FOR LADDER TRUCK 685.41 MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P21192 415-42260-580 EQUIPMENT FOR LADDER TRUCK 758.18 MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P21405 415-42260-550 EQUIPMENT FOR LADDER TRUCK 81.94 MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P21584 101-42260-221 EQUIPMENT FOR LADDER TRUCK Fire Protection Services 94.40 MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P52119 651-49910-402 SWEEPER PART Storm Water 41.42 MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P53091 651-49910-221 DIRT SHOES FOR SWEEPER Storm Water 772.88 MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P53182 651-49910-221 CREDIT FOR DIRT SHOES Storm Water 772.88- MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P53363 651-49910-221 DIRT SHOES FOR SWEEPER Storm Water 1,145.12 MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P53430 602-49450-403 REPAIR VACTOR HOSE REEL LOCK Sewer 225.67 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MACQUEEN EQUIPMENT LLC 11/13/2023 122268 P53550 602-49450-221 VACTOR HOSE REEL REPAIR PARTS Sewer 194.56 Total 122268:3,185.28 MANSFIELD OIL COMPANY 11/13/2023 122269 24737198 701-49800-212 UNLEADED FUEL 1,321.38 MANSFIELD OIL COMPANY 11/13/2023 122269 24737313 701-49800-212 UNLEADED FUEL 3,801.19 MANSFIELD OIL COMPANY 11/13/2023 122269 24737382 701-49800-212 UNLEADED FUEL 672.47 MANSFIELD OIL COMPANY 11/13/2023 122269 24774551 701-49800-212 UNLEADED FUEL 3,595.89 MANSFIELD OIL COMPANY 11/13/2023 122269 24774552 701-49800-212 DIESEL FUEL 1,097.68 Total 122269:10,488.61 MARTIN MARIETTA MATERIALS 11/13/2023 122270 40910393 101-43000-224 PATCHING Public Works Department 220.13 Total 122270:220.13 METROPOLITAN COUNCIL ENVI 11/13/2023 122271 0001164382 602-49450-383 WASTWATER SERVICE 12/2023 Sewer 63,916.11 Total 122271:63,916.11 MINNEAPOLIS OXYGEN COMPA 11/13/2023 122272 00117296 101-43000-415 ACETYLENE, OXYGEN Public Works Department 70.59 MINNEAPOLIS OXYGEN COMPA 11/13/2023 122272 00117297 101-42110-221 MEDICAL OXYGEN/TANK FEE Police Department 141.17 Total 122272:211.76 MINNETRISTA PUBLIC SAFETY 11/13/2023 122273 4TH QTR 20 101-43280-438 4TH QTR 2023 TOWARDS ZERO DEATHS GRAN Special Services 6,353.08 Total 122273:6,353.08 MN CHIEF OF POLICE ASSN 11/13/2023 122274 14638 101-42110-437 TRAINING HENNESSY LEADERSHIP SCHOOL RI Police Department 65.00 Total 122274:65.00 MNSCIA 11/13/2023 122275 EV00344 101-42110-437 MNSCIA TRAINING SCHULTZ Police Department 265.00 Total 122275:265.00 MP Asphalt Maintenance 11/13/2023 122276 23220 101-43000-408 2023 ROADS CRACK SEALING Public Works Department 33,707.20 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122276:33,707.20 NAPA Auto Parts 11/13/2023 122277 3270-583129 701-49800-215 FLUID FILTERS 54.76 NAPA Auto Parts 11/13/2023 122277 3270-583131 701-49800-215 PANEL FILTERS DURANGOS 82.25 NAPA Auto Parts 11/13/2023 122277 3270-583573 701-49800-215 WIPER BLADES 21.38 NAPA Auto Parts 11/13/2023 122277 3270-583640 101-42110-402 SQUAD MAINT/PARTS 269 Police Department 57.80 NAPA Auto Parts 11/13/2023 122277 3270-583722 701-49800-213 GREASE GUN, EXTENSION 51.33 NAPA Auto Parts 11/13/2023 122277 3270-584348 701-49800-215 THEMOSTAT FOR SQUAD 260 51.90 NAPA Auto Parts 11/13/2023 122277 3270-584375 701-49800-215 AIR FLOW SENSOR CLEANER 12.49 NAPA Auto Parts 11/13/2023 122277 3270-584720 101-43000-221 BATTERY FOR SQUAD 255 Public Works Department 136.61 Total 122277:468.52 NAVARRE HARDWARE 11/13/2023 122278 344048 602-49450-227 POS SEWER CAP Sewer 26.98 NAVARRE HARDWARE 11/13/2023 122278 344051 602-49450-227 POS SUPPLIES Sewer 15.99 NAVARRE HARDWARE 11/13/2023 122278 344224 101-43000-240 HAND TOOL Public Works Department 14.98 Total 122278:57.95 Newegg Business Inc 11/13/2023 122279 1304714798 710-49970-221 CABLES 62.88 Total 122279:62.88 NICHOLAS HANSEN 11/13/2023 122280 RPS22-0001 101-22205 ESCROW REFUND - RPS22-000111 - 2790 WHITE 10,000.00 Total 122280:10,000.00 Northland Petroleum Service 11/13/2023 122281 25152 701-49800-403 REPAIR LEAK ON DEISAL SOLENOID 316.00 Total 122281:316.00 NOVA COMMUNICATIONS INC 11/13/2023 122282 IN-80009186 710-49970-401 PHONE SUPPORT 1.40 Total 122282:1.40 OFFICE DEPOT 11/13/2023 122283 3380409050 101-42110-201 OFFICE SUPPLIES Police Department 66.59 Total 122283:66.59 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OPD BUSINESS SOLUTIONS LL 11/13/2023 122284 3369254780 101-42110-201 MISC OFFICE SUPPLIES Police Department 66.59 OPD BUSINESS SOLUTIONS LL 11/13/2023 122284 3369258530 101-42110-201 MISC OFFICE SUPPLIES Police Department 45.82 OPD BUSINESS SOLUTIONS LL 11/13/2023 122284 3380790160 101-41900-201 WALL CALENDARS Central Services 52.77 OPD BUSINESS SOLUTIONS LL 11/13/2023 122284 3387631750 101-42110-201 OFFICE SUPPLIES Police Department 149.75 OPD BUSINESS SOLUTIONS LL 11/13/2023 122284 3387642480 101-42110-201 OFFICE SUPPLIES Police Department 9.51 OPD BUSINESS SOLUTIONS LL 11/13/2023 122284 3389886900 101-42110-201 OFFICE SUPPLIES Police Department 51.12 OPD BUSINESS SOLUTIONS LL 11/13/2023 122284 33901104200 101-41900-201 MONTHLY PLANNER Central Services 23.97 Total 122284:399.53 PCi ROADS 11/13/2023 122285 23795-12 101-43000-408 BRIDGE FLOOD SEAL FOX AND FERNDALE Public Works Department 13,763.85 Total 122285:13,763.85 PERFORMANCE PLUS LLC dba 11/13/2023 122286 123706 101-42260-305 MEICAL EXAM PRE-EMPLOYMENT Fire Protection Services 233.00 Total 122286:233.00 PRECISION UTILITIES 11/13/2023 122287 1015 601-49400-405 WATER SERVICE REPAIR 8,483.75 PRECISION UTILITIES 11/13/2023 122287 1016 601-49400-405 WATER GATE VALVE REPLACEMENT SUGARWO 6,270.00 Total 122287:14,753.75 QUADIENT INC 11/13/2023 122288 2023.10 POS 101-41900-322 POSTAGE REFILL OCTOBER 2023 Central Services 1,659.60 QUADIENT INC 11/13/2023 122288 2023.10 POS 101-41900-312 LATE FEE Central Services 39.00 QUADIENT INC 11/13/2023 122288 2023.10 POS 101-41900-312 FINANCE CHARGES Central Services 25.45 QUADIENT INC 11/13/2023 122288 2023.10 POS 101-41900-322 POSTAGE REFILL Central Services 1,659.60 QUADIENT INC 11/13/2023 122288 2023.10 POS 101-41900-312 LATE FEE Central Services 39.00 QUADIENT INC 11/13/2023 122288 2023.10 POS 101-41900-312 FINANCE CHARGES Central Services 25.45 Total 122288:3,448.10 QUALITY FLOW SYSTEMS INC 11/13/2023 122289 45799 602-49450-227 RUN TIME METERS Sewer 360.00 QUALITY FLOW SYSTEMS INC 11/13/2023 122289 45806 602-49450-406 LS#2, LS#14,LS#18, LS#20, LS#29, GS#7, GS#9, Sewer 28,770.00 Total 122289:29,130.00 REBECCA HOLZEM 11/13/2023 122290 LA23-000046 101-22205 ESCROW REFUND - LA23-000046 - 3407 EASTLA 700.00 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122290:700.00 REPUBLIC SERVICES #894 11/13/2023 122291 0894-006442 101-45200-404 TRASH SERVICE Parks 2,103.01 Total 122291:2,103.01 REVIS STEPHENSON 11/13/2023 122292 LA23-000052 101-22205 ESCROW REFUND - LA23-000052 - 3760 WATER 700.00 Total 122292:700.00 Riverside Design 11/13/2023 122293 3968 101-45200-352 LURTON DOG PARK PASSES 2024 Parks 694.40 Total 122293:694.40 ROGERS POLICE DEPARTMEN 11/13/2023 122294 4TH QTR 20 101-43280-438 4TH QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 11,235.85 Total 122294:11,235.85 RUSSELL KOCON 11/13/2023 122295 LA19-000041 101-22205 ESCROW REFUND - LA19-000041 - 3570 IVY PL - 1,000.00 Total 122295:1,000.00 RYAN BLACKWELL 11/13/2023 122296 RAS21-0000 101-22205 ESCROW REFUND - RAS21-000022 - RYAN BLAC 1,000.00 Total 122296:1,000.00 SAFEBUILT LLC 11/13/2023 122297 139808 101-42400-310 STATE PLAN REVIEW Building & Zoning 591.66 Total 122297:591.66 SHAUGHNESSY LAWN CARE 11/13/2023 122298 09.15.23 - 10 101-45200-404 PARK MOWING Parks 4,142.86 Total 122298:4,142.86 SiteOne Landscape Supply LLC 11/13/2023 122299 133614767-0 101-45200-216 HERBICIDE Parks 153.05 Total 122299:153.05 SOUTH LAKE MINNETONKA PO 11/13/2023 122300 4TH QTR 20 101-42110-438 4TH QTR 2023 TOWADS ZERO DEATHS GRANT Police Department 20,446.67 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122300:20,446.67 SPIKE'S 11/13/2023 122301 5579/15 101-43000-224 PROPANE Public Works Department 128.86 Total 122301:128.86 STAR TRIBUNE 11/13/2023 122302 11.17.23 - 11.101-43000-208 SUBSCRIPTION 11/17/23-11/15/24 Public Works Department 293.70 Total 122302:293.70 STREICHERS POLICE EQUIP 11/13/2023 122303 CM297537 101-42260-226 UNIFORM FOR JAMES Fire Protection Services 9.99- STREICHERS POLICE EQUIP 11/13/2023 122303 I1659933 101-42260-226 UNIFORM FOR JAMES Fire Protection Services 717.86 STREICHERS POLICE EQUIP 11/13/2023 122303 I1660777 101-42260-226 UNIFORM FOR JAMES Fire Protection Services 30.00 Total 122303:737.87 TEAL DRONES INC 11/13/2023 122304 00000457 101-42110-221 UAV & TEAL AIR CONTROL Police Department 234.95 Total 122304:234.95 THE LANDSCHUTE GROUP, INC 11/13/2023 122305 LA23-000047 101-22205 ESCROW REFUND - LA23-000047 - 2245 FRENC 700.00 Total 122305:700.00 THOMSON WEST - WEST 11/13/2023 122306 849181745 101-42110-311 INTEL PROCESSING/THOMSON REUTERS Police Department 302.99 Total 122306:302.99 TIM SONNEK 11/13/2023 122307 11.02.2023 T 101-42110-439 OFF SITE MEETING-RECRUITING Police Department 65.08 Total 122307:65.08 TimeSaver Off Site Secretarial Inc 11/13/2023 122308 M28672 101-41110-439 CC MEETING MINUTES 10/23/23 Mayor & Council 159.00 TimeSaver Off Site Secretarial Inc 11/13/2023 122308 M28672 101-42400-319 PLANNING COMMISSION MINUTES 10/16/23 Building & Zoning 347.75 Total 122308:506.75 TITAN MACHINERY INC 11/13/2023 122309 18996015 G 101-43000-221 FOOT THROTTLE PEDEL UNIT 429 Public Works Department 785.00 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122309:785.00 TOLL GAS & WELDING SUPPLY 11/13/2023 122310 40184400 101-43000-415 CYLINDER & DEMURRAGE Public Works Department 12.71 Total 122310:12.71 TRUE VALUE HARDWARE 11/13/2023 122311 344364 101-42110-317 OPD DOG SUPPLIES/FOOD Police Department 60.99 Total 122311:60.99 UNIFIRST CORPORATION 11/13/2023 122312 1410016247 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 11/13/2023 122312 1410016247 701-49800-221 SHOP TOWELS - PW 8.33 UNIFIRST CORPORATION 11/13/2023 122312 1410016247 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 37.05 UNIFIRST CORPORATION 11/13/2023 122312 1410016247 601-49400-226 UNIFORMS PW-WATER DEPT 37.05 UNIFIRST CORPORATION 11/13/2023 122312 1410016247 701-49800-226 UNIFORMS - FLEET 37.05 UNIFIRST CORPORATION 11/13/2023 122312 1410016247 101-43000-226 UNIFORMS - PW Public Works Department 37.05 UNIFIRST CORPORATION 11/13/2023 122312 1410016247 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 37.05 UNIFIRST CORPORATION 11/13/2023 122312 1410016247 101-45200-226 UNIFORMS-PARKS Parks 37.05 UNIFIRST CORPORATION 11/13/2023 122312 1410016248 101-41900-223 LAUNDRY SERVICE Central Services 80.27 UNIFIRST CORPORATION 11/13/2023 122312 1410017564 101-41900-223 LAUNDRY SERVICE Central Services 34.92 UNIFIRST CORPORATION 11/13/2023 122312 1410017566 701-49800-221 SHOP TOWELS - PW 8.33 UNIFIRST CORPORATION 11/13/2023 122312 1410017566 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 11/13/2023 122312 1410017566 701-49800-226 UNIFORMS - FLEET 37.68 UNIFIRST CORPORATION 11/13/2023 122312 1410017566 101-43000-226 UNIFORMS - PW Public Works Department 37.68 UNIFIRST CORPORATION 11/13/2023 122312 1410017566 601-49400-226 UNIFORMS PW-WATER DEPT 37.67 UNIFIRST CORPORATION 11/13/2023 122312 1410017566 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 37.68 UNIFIRST CORPORATION 11/13/2023 122312 1410017566 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 37.67 UNIFIRST CORPORATION 11/13/2023 122312 1410017566 101-45200-226 UNIFORMS-PARKS Parks 37.67 UNIFIRST CORPORATION 11/13/2023 122312 1410019062 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 11/13/2023 122312 1410019062 701-49800-221 SHOP TOWELS - PW 8.33 UNIFIRST CORPORATION 11/13/2023 122312 1410019062 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 37.88 UNIFIRST CORPORATION 11/13/2023 122312 1410019062 701-49800-226 UNIFORMS - FLEET 37.88 UNIFIRST CORPORATION 11/13/2023 122312 1410019062 101-43000-226 UNIFORMS - PW Public Works Department 37.88 UNIFIRST CORPORATION 11/13/2023 122312 1410019062 601-49400-226 UNIFORMS PW-WATER DEPT 37.88 UNIFIRST CORPORATION 11/13/2023 122312 1410019062 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 37.87 UNIFIRST CORPORATION 11/13/2023 122312 1410019062 101-45200-226 UNIFORMS-PARKS Parks 37.88 UNIFIRST CORPORATION 11/13/2023 122312 1410020355 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 37.25 UNIFIRST CORPORATION 11/13/2023 122312 1410020355 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 11/13/2023 122312 1410020355 701-49800-221 SHOP TOWELS - PW 8.33 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 11/13/2023 122312 1410020355 701-49800-226 UNIFORMS - FLEET 37.26 UNIFIRST CORPORATION 11/13/2023 122312 1410020355 101-43000-226 UNIFORMS - PW Public Works Department 37.25 UNIFIRST CORPORATION 11/13/2023 122312 1410020355 601-49400-226 UNIFORMS PW-WATER DEPT 37.26 UNIFIRST CORPORATION 11/13/2023 122312 1410020355 101-45200-226 UNIFORMS-PARKS Parks 37.25 UNIFIRST CORPORATION 11/13/2023 122312 1410020355 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 37.25 Total 122312:1,152.17 VALDES LAWN CARE & SNOW 11/13/2023 122313 RAS22-0000 101-22205 ESCROW REFUND - RAS22-000082 - 2815 CASC 1,000.00 Total 122313:1,000.00 VAULT HEALTH 11/13/2023 122314 FL00597158 101-43000-319 DRUG TESTING Public Works Department 61.16 Total 122314:61.16 WASTE MANAGEMENT RECYC 11/13/2023 122315 0107838-280 603-49500-316 RECYCLING 11/2023 17,963.40 WASTE MANAGEMENT RECYC 11/13/2023 122315 0107838-280 603-49500-444 RECYCLING 11/2023 ORGANICS 86.81 WASTE MANAGEMENT RECYC 11/13/2023 122315 0107838-280 603-49500-316 ADMINISTRATIVE FEES 8.50 Total 122315:18,058.71 WATER CONSERVATION SVC IN 11/13/2023 122316 13559 101-43050-319 WATER BREAK @ SUNSET AND SHADYWOOD R Public Works - Spring Park 694.43 Total 122316:694.43 WESSLING, JON 11/13/2023 122317 20142225 - R 999-10016 REFUND - DUP PAYMENT INV 20142225 6,243.37 Total 122317:6,243.37 WEST HENNEPIN PUBLIC SAFE 11/13/2023 122318 4TH QTR 20 101-43280-438 4TH QTR 2023 TOWARDS ZERO DEATHS GRANT Special Services 13,087.02 Total 122318:13,087.02 XCEL ENERGY 11/13/2023 122319 849804255 101-41900-381 ELECTRICAL SERVICE 9/2023 Central Services 41.27 XCEL ENERGY 11/13/2023 122319 850296622 101-42110-381 ELECTRICAL SERVICE Police Department 11.81 XCEL ENERGY 11/13/2023 122319 850296622 101-43000-386 ELECTRICAL SERVICE Public Works Department 1,704.91 XCEL ENERGY 11/13/2023 122319 850296622 101-45210-381 ELECTRICAL SERVICE Golf Course 48.84 XCEL ENERGY 11/13/2023 122319 850738465 602-49450-381 3425 LYRIC Sewer 19.05 XCEL ENERGY 11/13/2023 122319 851612458 101-41900-381 ELECTRICAL SERVICE Central Services 1,743.55 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount XCEL ENERGY 11/13/2023 122319 851612458 101-42110-381 ELECTRICAL SERVICE Police Department 1,075.51 XCEL ENERGY 11/13/2023 122319 851612458 101-42110-381 ELECTRICAL SERVICE Police Department 23.78 XCEL ENERGY 11/13/2023 122319 851612458 101-43000-381 ELECTRICAL SERVICE Public Works Department 183.11 XCEL ENERGY 11/13/2023 122319 851612458 101-43000-386 ELECTRICAL SERVICE Public Works Department 1,319.32 XCEL ENERGY 11/13/2023 122319 851612458 101-45200-381 ELECTRICAL SERVICE Parks 57.38 XCEL ENERGY 11/13/2023 122319 851612458 601-49400-381 ELECTRICAL SERVICE 6,485.75 XCEL ENERGY 11/13/2023 122319 851612458 602-49450-381 ELECTRICAL SERVICE Sewer 3,176.97 XCEL ENERGY 11/13/2023 122319 851612458 101-45210-381 ELECTRICAL SERVICE Golf Course 545.32 Total 122319:16,436.57 ZEROREZ INC 11/13/2023 122320 591763 101-41900-404 CARPET CLEANING Central Services 2,100.68 Total 122320:2,100.68 CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AC 101-41110-439 COUNCIL MEAL 9/25 Mayor & Council 186.73 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AC 101-41110-439 COUNCIL MEAL 9/25 Mayor & Council 186.73- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AC 101-41300-439 WELCOME BREAKFAST Administration 148.52 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AC 101-41300-439 WELCOME BREAKFAST Administration 148.52- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AC 101-41110-439 COUNCIL MEAL 10/9 Mayor & Council 134.84 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AC 101-41110-439 COUNCIL MEAL 10/9 Mayor & Council 134.84- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 187.73 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 187.73- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 238.56 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 238.56- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 5.58 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 5.58- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 38.77 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 38.77- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AW 101-42110-226 UNIFORMS/WITTKE Police Department 246.35 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AW 101-42110-226 UNIFORMS/WITTKE Police Department 246.35- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 AW 101-42110-240 MINNESOTA TROPHIES/OFFICE PLACK Police Department 82.79 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 AW 101-42110-240 MINNESOTA TROPHIES/OFFICE PLACK Police Department 82.79- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 BW 101-43000-224 PPE FLASHLIGHTS Public Works Department 112.88 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 BW 101-43000-224 PPE FLASHLIGHTS Public Works Department 112.88- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 BW 101-43000-489 NEEDED TO MOVE A CAR FOR PAINTING FOR P Public Works Department 138.71 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 BW 101-43000-489 NEEDED TO MOVE A CAR FOR PAINTING FOR P Public Works Department 138.71- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 BW 101-43000-226 PPE CARHART/RUBBER BOOTS Public Works Department 385.95 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 BW 101-43000-226 PPE CARHART/RUBBER BOOTS Public Works Department 385.95- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-439 LUNCH WITH LLF CHIEF Police Department 28.99 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-439 LUNCH WITH LLF CHIEF Police Department 28.99- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-433 MONTHLY SUBSCRIPTION - PELOTON Police Department 47.76 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-433 MONTHLY SUBSCRIPTION - PELOTON Police Department 47.76- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 IACP CONFERENCE 2023 - FARNIOK Police Department 600.00 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 IACP CONFERENCE 2023 - FARNIOK Police Department 600.00- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 TRANSPORTATION EXPENSE Police Department 24.08 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 TRANSPORTATION EXPENSE Police Department 24.08- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 18.35 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 18.35- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 30.82 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 30.82- CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 17.24- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 17.24 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 11.83- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 11.83 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 10.99- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 10.99 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 47.15- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 47.15 CARDMEMBER SERVICE 11/13/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 11.58 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 11.58- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 DG 701-49800-437 FLEET TRAINING BRODY , DJ 238.75 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 DG 701-49800-437 FLEET TRAINING BRODY , DJ 238.75- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 DG 602-49450-352 CARD STOCK DOOR HANGERS Sewer 84.51 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 DG 602-49450-352 CARD STOCK DOOR HANGERS Sewer 84.51- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 DG 701-49800-240 SHOP TOOL 39.99 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 DG 701-49800-240 SHOP TOOL 39.99- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 JL 101-45200-437 PLAYGROUND SAFETY INSPECTION CERTIFICA Parks 1,260.00 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 JL 101-45200-437 PLAYGROUND SAFETY INSPECTION CERTIFICA Parks 1,260.00- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 JL 101-45200-404 TREES FOR CRYSTAL BAY Parks 697.20 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 JL 101-45200-404 TREES FOR CRYSTAL BAY Parks 697.20- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 JV 415-42260-580 EQUIPMENT FOR LADDER TRUCK 2,297.00 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 JV 415-42260-580 EQUIPMENT FOR LADDER TRUCK 2,297.00- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 JV 101-42260-212 FUEL Fire Protection Services 80.73 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 JV 101-42260-212 FUEL Fire Protection Services 80.73- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 JV 101-42260-226 T-SHIRTS FOR NEW FFS Fire Protection Services 702.00 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 JV 101-42260-226 T-SHIRTS FOR NEW FFS Fire Protection Services 702.00- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 JV 101-42260-437 EMT TRAINING FOR NEW FF Fire Protection Services 1,000.00 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 JV 101-42260-437 EMT TRAINING FOR NEW FF Fire Protection Services 1,000.00- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 JV 101-42260-402 CAR WASH FOR CMD Fire Protection Services 15.00 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 11/08/2023 201303 2023.10 JV 101-42260-402 CAR WASH FOR CMD Fire Protection Services 15.00- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 JV 101-42260-489 FACEBOOK ADVERTISING FOR OPEN HOUSE Fire Protection Services 8.00 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 JV 101-42260-489 FACEBOOK ADVERTISING FOR OPEN HOUSE Fire Protection Services 8.00- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 LO 101-42400-437 MN APA CONFERENCE- OAKDEN/NYE Building & Zoning 1,051.94 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 LO 101-42400-437 MN APA CONFERENCE- OAKDEN/NYE Building & Zoning 1,051.94- CARDMEMBER SERVICE 11/13/2023 201303 2023.10 RO 101-41110-439 COFFEE WITH THE MAYOR Mayor & Council 27.98 CARDMEMBER SERVICE 11/08/2023 201303 2023.10 RO 101-41110-439 COFFEE WITH THE MAYOR Mayor & Council 27.98- Total 20130399:.00 CIRCLE K 11/13/2023 201304 92610470 701-49800-212 NON OXY GAS FOR MIX (SMALLTOOLS)46.19 Total 20130400:46.19 HOME DEPOT CREDIT SERVIC 11/13/2023 201304 09.20.2023 - 101-41900-404 SEALANT Central Services 15.56 HOME DEPOT CREDIT SERVIC 11/13/2023 201304 09.20.2023 - 101-45210-223 WOOD LATH Golf Course 89.94 Total 20130401:105.50 LOGIS-WIRE 11/13/2023 201304 54168 101-42110-310 POLICE RECORDS Police Department 8,119.00 LOGIS-WIRE 11/13/2023 201304 54168 710-49970-329 INTERNET 600.00 LOGIS-WIRE 11/13/2023 201304 54168 101-41900-221 HOSTED BACKUPS Central Services 1,125.00 LOGIS-WIRE 11/13/2023 201304 54168 710-49970-311 HOSTED SERVERS 1,399.00 LOGIS-WIRE 11/13/2023 201304 54168 710-49970-311 HOSTED COMPLIANCE ARCHIVE 537.00 LOGIS-WIRE 11/13/2023 201304 54168 710-49970-311 HOSTED WATCHGUARD 650.00 LOGIS-WIRE 11/13/2023 201304 54168 710-49970-401 FIBER SERVICES 163.00 LOGIS-WIRE 11/13/2023 201304 54168 710-49970-401 HOSTED WIRELESS 100.00 LOGIS-WIRE 11/13/2023 201304 54382 710-49970-489 LOCATES 30.19 Total 20130402:12,723.19 MEDSURETY LLC 11/13/2023 201304 09/15/23-10/101-21719 MFSA 9/15/23-10/22/23 FUNDS 82.97 MEDSURETY LLC 11/13/2023 201304 26992 101-41900-319 FEES Central Services 195.50 MEDSURETY LLC 11/13/2023 201304 MFSA 9/29/2 101-21719 MFSA 9/29/23-11/5/23 FUNDS 79.78 Total 20130403:358.25 PSN: PAYMENT SERVICE INVOI 11/13/2023 201304 285684 601-49400-312 WATER FUND PSN FEES 627.00 PSN: PAYMENT SERVICE INVOI 11/13/2023 201304 285684 602-49450-312 SEWER FUND PSN FEES Sewer 627.00 PSN: PAYMENT SERVICE INVOI 11/13/2023 201304 285955 101-41900-312 BUILDING PERMIT PSN FEES Central Services 10.45 City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 20130404:1,264.45 SQUARE SERVICES 11/13/2023 201304 2023.11 FEE 101-41900-312 FEE 11.01.23-12.01.23 Central Services 35.00 Total 20130405:35.00 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AC 101-41110-439 COUNCIL MEAL 9/25 Mayor & Council 186.73 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AC 101-41300-439 WELCOME BREAKFAST Administration 148.52 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AC 101-41110-439 COUNCIL MEAL 10/9 Mayor & Council 134.84 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 187.73 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 238.56 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 5.58 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AW 101-42110-438 USE OF FORCE TRAINING Police Department 38.77 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AW 101-42110-226 UNIFORMS/WITTKE Police Department 246.35 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 AW 101-42110-240 MINNESOTA TROPHIES/OFFICE PLACK Police Department 82.79 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 BW 101-43000-224 PPE FLASHLIGHTS Public Works Department 112.88 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 BW 101-43000-489 NEEDED TO MOVE A CAR FOR PAINTING FOR P Public Works Department 138.71 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 BW 101-43000-226 PPE CARHART/RUBBER BOOTS Public Works Department 385.95 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-439 LUNCH WITH LLF CHIEF Police Department 28.99 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-433 MONTHLY SUBSCRIPTION - PELOTON Police Department 47.76 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 IACP CONFERENCE 2023 - FARNIOK Police Department 600.00 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 TRANSPORTATION EXPENSE Police Department 24.08 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 18.35 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 30.82 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 17.24 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 11.83 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 10.99 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 47.15 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 CF 101-42110-437 MEAL DURING TRAINING Police Department 11.58 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 DG 701-49800-437 FLEET TRAINING BRODY , DJ 238.75 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 DG 602-49450-352 CARD STOCK DOOR HANGERS Sewer 84.51 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 DG 701-49800-240 SHOP TOOL 39.99 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 JL 101-45200-437 PLAYGROUND SAFETY INSPECTION CERTIFICA Parks 1,260.00 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 JL 101-45200-404 TREES FOR CRYSTAL BAY Parks 697.20 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 JV 415-42260-580 EQUIPMENT FOR LADDER TRUCK 2,297.00 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 JV 101-42260-212 FUEL Fire Protection Services 80.73 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 JV 101-42260-226 T-SHIRTS FOR NEW FFS Fire Protection Services 702.00 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 JV 101-42260-437 EMT TRAINING FOR NEW FF Fire Protection Services 1,000.00 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 JV 101-42260-402 CAR WASH FOR CMD Fire Protection Services 15.00 City of Orono Check Register - COUNCIL REPORT Page: 22 Check Issue Dates: 10/24/2023 - 11/13/2023 Nov 08, 2023 12:06PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 11/13/2023 201304 2023.10 JV 101-42260-489 FACEBOOK ADVERTISING FOR OPEN HOUSE Fire Protection Services 8.00 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 LO 101-42400-437 MN APA CONFERENCE- OAKDEN/NYE Building & Zoning 1,051.94 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 RO 101-41110-439 COFFEE WITH THE MAYOR Mayor & Council 27.98 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 SO 601-49400-322 WATER SAMPLES 11.34 CARDMEMBER SERVICE 11/13/2023 201304 2023.10 SO 602-49450-227 UTILITY MAINTENANCE Sewer 265.81 Total 20130406:10,536.45 Grand Totals: 1,819,974.70 AGENDA ITEM Prepared By: RJO Reviewed By: NJD Approved By: 1. Purpose. The purpose of the action item is to approve Resolution 7427 to enter into a bank qualified lease agreement for the purchase of a rescue pumper. 2. Background. On August 28th the Council approved the purchase of the 2017 Rosenbauer fire vehicle. Then on September 11th the Council approved entering into a lease agreement with Huntington Bank to finance the vehicle. The resolution being passed tonight is required by Huntington Public Capital Corporation to finalize the lease agreement. 3. Cost. The amount being financed is $484,900. 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 approves Resolution 7427. COUNCIL ACTION REQUESTED Motion to approve Resolution 7427, A Resolution and Declaration of Official Intent to Enter into a Bank Qualified Lease Agreement for the Purchase of a Rescue Pumper. Exhibits: A. Resolution Item No.: 4 Date: November 13, 2023 Item Description: Capital Lease Approval – Resolution 7427 Presenter: Ronald John Olson Finance Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7427 A RESOLUTION AND DECLARATION OF OFFICIAL INTENT TO ENTER INTO A BANK QUALIFIED LEASE AGREEMENT FOR THE PURCHASE OF A RESCUE PUMPER Whereas, the City of Orono (“City”)is a political subdivision of the State of Minnesota and is duly organized and existing pursuant to the constitution and laws of the State; and Whereas, pursuant to applicable law, the City Council of the City is authorized to purchase, lease, acquire, and to encumber, real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of the Lessee; and Whereas, the City Council hereby finds and determines that the execution of one or more lease-purchase agreements including any and all exhibits thereto (“Property Leases”) in the principal amount not exceeding the amount of $484,900 (“Principal Amount”) for the purpose of acquiring the property generally identified as a Used 2017 Rosenbauer Pumper VIN # 54F2AB611HWM11890 (“Property”) and to be described more specifically in the Property Leases is appropriate and necessary to the functions and operations of the Lessee; and Whereas, Huntington Public Capital Corporation or an affiliate or related entity ("Lessor") is expected to act as the lessor under the Property Leases; and Whereas, the U.S. Treasury Department regulations do not allow the proceeds of a tax- exempt borrowing to be spent on working capital and the City shall hereby declare its official intent to be reimbursed for any capital expenditures for Property from the Lease Purchase Proceeds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City as follows: The Mayor of the City is authorized to enter into a Property Lease in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the City offices. The City Administrator, City Clerk and Finance Director are each authorized on behalf of the City to negotiate, enter into, execute, and deliver such other documents relating to the Property Leases (including, but not limited to, escrow agreements) as they deem necessary and appropriate. All other related contracts and agreements necessary and incidental to the Property Leases are hereby authorized. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7427 The aggregate original principal amount of the Property Leases shall not exceed the Principal Amount and shall bear interest as set forth in the Property Leases and the Property Leases shall contain such options to purchase or prepay by the Lessee as set forth therein. The Lessee's obligations under the Property Leases shall be subject to annual appropriation or renewal by the City Council as set forth in each Property Lease and the City’s obligations under the Property Leases shall not constitute general obligations of the City or indebtedness under the Constitution or laws of the State. In addition, the funds necessary to meet the principal and/or interest payments under the Property Leases for the current fiscal year are hereby appropriated. Section 6. As to each Property Lease, the City reasonably anticipates that it and entities controlled by it will not issue more than $10,000,000 of tax-exempt obligations (other than "private activity bonds" which are not "qualified 501(c)(3) bonds") during the calendar year in which each such Property Lease is issued and hereby designates each Property Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended. ADOPTED by the City Council of the City of Orono, Minnesota, and this 13th day of November, 2023. ATTEST: _____________________________________ ______________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Reviewed By: NJD Approved By: 1. Purpose. The purpose of the action item is to forecast future work session agendas. 2. Background / Summary. The Official Meetings Calendar adopted by the Council establishes a work session meeting at 5 PM on the same days as regular council meetings which begin at 6 PM. 3. Next Work Session. Staff will provide a briefing on the Draft 2024 Fee Schedule. 4. Proposed Future Topics. This is an opportunity for council members to propose and agree to future work session topics. 5. Work Session Items. The table below depicts topics for works sessions. Those shaded have already occurred. Those in the future are proposed. Date Subject Date Subject 10 Jul 23 Cannabis Legislation Update 8 Jan 24 - 24 Jul 23 - General Fund Budget Update 22 Jan 24 - 14 Aug 23 - 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. Item No.: 5 Date: November 13, 2023 Item Description: Next Work Session Draft Agenda Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NJD Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to approve rental licenses. 2. License Applicant(s) Name Address License # Period Bryan Sinkel 3635 Lyric Avenue RL23-000015 January 1, 2023 to December 31, 2024 Stephen Quinn 2640 Kelly Avenue RL23-000016 January 1, 2023 to December 31, 2024 Christopher Knowlton 2306 Olive Avenue RL23-000016 January 1, 2023 to December 31, 2024 3. Staff Recommendation. Staff recommends approval of the rental licenses listed above. The license applicant has submitted all of the requested documents and has met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental license listed above. Item No.: 6 Date: November 13, 2023 Item Description: Approval of Rental License Presenter: Nola Dickhausen Interim City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: CF Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to gain approval to accept a donation to the City. 2. Background. Gear West Ski and Bike, Inc. has made a donation to the Orono Police Department. The donation was made to the police department for assisting with traffic control and other activities related to their half marathon. 3. Donation Received. Donor Donation Description Donation Value Donation Purpose Gear West Ski &Bike Check $300.00 Reserve Program 4. Staff Recommendation. I recommend the city accept the generous donation from $300.00. COUNCIL ACTION REQUESTED Motion for approval to accept donation of $300 from Gear West Ski and Bike Inc. Thank you for your kind and generous donation. Exhibits: A. Resolution Item No.: 7 Date: November 13, 2023 Item Description: Approval to Accept Donation – Gear West Ski and Bike, Inc. Presenter: Correy Farniok Police Chief Agenda Section: Consent RESOLUTION ACCEPTING DONATION WHEREAS, Gear West Ski and Bike Inc. wishes to make a donation to the City of Orono (“City”) in the amount of $300 to the Orono Police Department; and WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 13 day of November, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Christine Lusian, City Clerk CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7420 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7420 AGENDA ITEM Prepared By: CF Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to gain approval to accept a donation to the City. 2. Background. Gloria Rich has made a donation to the Orono Police Department. The donation was made to the police department for assisting with house checks. 3. Donation Received. Donor Donation Description Donation Value Donation Purpose Gloria Rich Check $100.00 Reserve Program 4. Staff Recommendation. I recommend the city accept the generous donation from $100.00. COUNCIL ACTION REQUESTED Motion for approval to accept donation of $100 from Gloria Rich. Thank you for your kind and generous donation. Exhibits: A. Resolution Item No.: 8 Date: November 13, 2023 Item Description: Approval to Accept Donation – Gloria Rich Presenter: Correy Farniok Police Chief Agenda Section: Consent 223250v2 RESOLUTION ACCEPTING DONATION WHEREAS, Gloria Rich wishes to make a donation to the City of Orono (“City”) in the amount of $100 to the Orono Police Department; and WHEREAS, the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS, the City desires to accept the donation; and WHEREAS, the donation has been contributed to the City for the benefit of its citizens; and WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 13 day of November, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Christine Lusian, City Clerk CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7420 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7421 AGENDA ITEM Prepared By: JVE Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to gain approval to hire Part Time Firefighter for Weekday Daytime Duty Crew. 2. Background. The Orono Fire Department is currently seeking part time firefighters for our weekday daytime duty crew to cover our Station 2 call area. 3. Selection Process. The selection process for the position involved advertising the position, application screening, and an interview. The interview was conducted by the Fire Chief and other city employees. The applicant must successfully complete a Psychological Exam, a Physical (Pre-employment medical) exam and a probationary period. All applicants will have to pass a background check performed by the Orono Police Department. 4. Recommended Candidates. Jake Martin is new to Emergency Services. Jake will need to be enrolled in an EMT Class and then will move into the firefighter classes after the first of the year. He is excited to become charter member of the Orono Fire Department and look forward to creating the best department. 5. Recommended Compensation. I recommend Jake Martin for a conditional job offer as part time firefighters with an effective start date of November 14, 2023 for limited administrative time and duties. Firefighter training and other such duties will be beginning on January 1, 2024 a. Pay. Starting rate of $20.00/hour. b. Benefits: Police and Fire PERA c. Conditions: Passing a physical exam, psychological exam, EMT and firefighter classes COUNCIL ACTION REQUESTED Motion to approve the conditional job offer to Jake Martin as a part time firefighter at the rate of $20.00 per hour with a start date of November 14, 2023. Item No.: 9 Date: November 13, 2023 Item Description: Authorization to Hire Part Time Firefighter Presenter: James Van Eyll Fire Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: CF Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to gain approval to hire a full-time Community Service Officer. 2. Background. The Police Department is currently recruiting to fill 1 vacancy. 3. Recruitment. The selection process for the position involved advertising the position, application screening, and interviews. First round interviews are completed by a panel of currently serving officers and second round interviews by the Chief of Police. 4. Recommended Candidate. Joshua Schauer is currently employed as an Assistant Manager at Flaherty Arden Bowl and more than 10 years of prior community service officer and park ranger experience with other agencies. Schauer has an AA in Criminal Justice from Century College. Schauer is excited about the opportunity to work for the Orono Police Department. 5. Recommended Compensation. I recommend to hire Joshua Schauer as a full-time Community Service Officer with an effective start date of December 4, 2023. a. Salary. Starting rate of $25.12/hour step 1 (OPEIU Local 12 Agreement pay scale). b. Benefits. As a full-time employee the position is eligible for benefits as outlined in the OPEIU Local 12 Agreement and personnel handbook. COUNCIL ACTION REQUESTED Motion to approve the hiring of Joshua Schauer as a full-time community service officer at the rate of $25.12 per hour with a start date of December 4, 2023. Item No.: 10 Date: November 13, 2023 Item Description: Authorization to Hire Joshua Schauer – Community Service Officer Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda AGENDA ITEM 1. Purpose. The purpose of this action item is to gain approval to proceed with a purchase of a utility truck for the utility department. 2. Background. Public Works Staff presented this purchase at the 2024 CIP meeting in October. The newly formed dedicated utility department, has an additional employee and a need for a second utility truck was identified. This will allow the department to function more efficient and be more predictive. Staff found a truck that suits the current need from Buffalo Ford. 3. Scope. Purchase Utility truck and related tools to outfit. 4. Cost. The city received quote, listed below. Company Company / Model Cost Buffalo Ford 2015 F350 $ 30,844.28 5. Funding. This project will be funded through the Equipment Fund. The 2024 Capital Improvement Plan (CIP) will be adjusted for this purchase. 6. Staff Recommendation. I recommend approval of the purchase from Buffalo Ford COUNCIL ACTION REQUESTED Motion to approve purchase of utility truck from Buffalo Ford for $ 30,844.28, inc. tax title and License Prepared By: DJG Reviewed By: Approved By: Item No. 11 Date: November 13, 2023 Item Description: Public Works Utility Truck Presenter: DJ Goman Public Works Superintendent Agenda Section: Consent Agenda Prepared By: DJG Reviewed By: NJD Approved By: AGENDA ITEM 1. Purpose. The purpose of this action item is to gain re-approval to proceed with replacement of trucks 431 chassis 2. Background. Back in October of 2022 the city council approved replacement of 3 trucks. The city was able to get one truck replaced. The other 2 chassis orders the dealer, Midway Ford, has been unable to fulfill. This is due to supply chain issues and the recent strike of the motor companies. The city has found a chassis from a different vendor, Boyer Ford, that meets our specification and is in stock. 3. Vehicle Description. 431 is a 1-ton dump truck and used to support public works activities and plow snow 4. Cost. The City previously received quotes, for new chassis, snow plows boxes, lifting crane and related items thru state contract pricing, of those the only change is the supplier of the chassis. Company Model / Description Cost Midway Ford 2024 Ford F550 Chassis $ 60,468.38 ** Boyer Ford 2023 Ford F550 Chassis $ 75,286.19 Inc. tax title, lic. ** unable to fulfill the orders 5. Funding. This replacement will be funded through the Equipment Fund. The 2022 Capital Improvement Plan allocated $ 65,000. 2023 pricing is higher however there is sufficient fund balance to cover the increase. 6. Staff Recommendation. I recommend that the council accept the quotes on the truck chassis COUNCIL ACTION REQUESTED Motion to approve purchase of truck chassis for unit #431 in the amount of $ 75,286.19 from Boyer Ford. 431 Item No. 12 Date: November 13, 2023 Item Description: Truck Chassis Replacement reapproval Presenter: DJ Goman Public Works Superintendent Agenda Section: Consent Agenda Prepared By: DJG Reviewed By: NJD Approved By: Prepared By: SO Reviewed By: DJG Approved By: AGENDA ITEM 1. Purpose. The purpose of this action item is to gain reapproval to replace the softener valves at the Navarre Water Plant. 2. Background. Back in October of 2022 the city council approved replacement of the valves. The distributor lost the line on those valves has been unable to full fill the order nor do installation. The city worked with the new vendor based on our specification. The softener valves are in a chlorine enriched atmosphere inside the water treatment plant and showing signs on corrosion and experience and increased rate of failure. The valves are over 25 years old. Repair parts are becoming harder to find due to the age of the valves. Reliability of the existing valves is a significant concern. 3. Cost. We have solicited quotation from Duncan Co, they are the only supplier of that valve style, for water plant softeners, listed below Company Company / Model Cost Duncan Co. New valves and related components, installation $ 74,600.00 4. Funding. This project will be funded through the Water Fund. This purchase was identified in the 2023 Capital improvement plan. The projected year end fund balance is $102.642. 5. Staff Recommendation. I recommend approval of the purchase. COUNCIL ACTION REQUESTED Motion to approve in the amount of $74,600 from Duncan Co. of Mpls, Minnesota Item No.: 13 Date: November 13, 2023 Item Description: Reapprove replacement of Navarre Water Plant Softeners Presenter: Scott Oberaigner Public Works Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to make the final payment to the contractor and close out the 2022 Street Maintenance Project (22-001). 2. Background. At the May 24th, 2021 Council meeting, streets were selected for maintenance in 2022 and design and engineering was authorized. In March of 2022 the contractor was awarded to Astech Corporation. The project was substantially complete in the fall of 2022 with final site restoration complete in summer of 2023. 3. Scope of Work. The project consisted of the reclamation and/or mill and overlay of the bituminous pavement, select subgrade corrections, and the improvement of the associated stormwater systems for the Crystal Bay Neighborhood (Arbor, Crystal & Prospect), the Park–Oak-Linden Neighborhood, High Lane, Kelley Parkway (western end), Dickenson Street, Orono Lane, Highwood, Dakota Avenue, Chippewa Lane and the Lakeview Terrace-County Club Lane Neighborhood. (See Exhibit A) 4. Cost. The award amount was $821,287.40. The final amount for worked completed is $809,673.05. The final payment is for $53,310.92 5. Funding. Funding for the project will come from a combination of the pavement management fund, stormwater fund, water fund, and sewer fund. A breakdown is listed in the table below. Fund Amount Pavement Fund $ 641,344.25 Stormwater Fund $ 133,189.61 Water Fund $ 1,782.56 Sewer Funds $ 33,356.63 Total $809,673.05 6. Staff Recommendation. I recommend approval of the final pay request from Astech and close out of the project. The contractor has completed the work required in the contract and submitted all of the required project closeout paperwork. COUNCIL ACTION REQUESTED Move to approve final payment of 53,310.92 to Astech Corp and to authorize staff to close the project out. Reference A. Project Overview Map B. Final Pay Request Item No.: 14 Date: November 13, 2023 Item Description: 2022 Street Maintenance Project Close Out Presenter: Adam Edwards City Administrator/City Engineer Agenda Section: Consent Exhibit A-Project Overview Map AGENDA ITEM Prepared By: J. Lemons Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to seek approval to hire a full-time building maintenance/custodian employee within the Parks and Facilities Department and to begin the process of recruiting the new employee. 2. Background. The current arrangement for building maintenance/custodial work falls to a part-time position to maintain City Hall, the Police Department, and Public Works. With the addition of the new public works building and future fire station, there is a need to increase the position to a full-time role. In addition to the increased responsibilities, the current part-time custodian has indicated a desire to retire at the end of November 2023. 3. Recruitment. The building maintenance/custodian position is critical to meet maintenance and custodial needs of the city owned facilities. The selection process for the vacant position will involve advertising the position, application screening, an interview panel, and reference checking. Upon completion of the process, a candidate will be presented to the council for consideration for appointment. 4. Position Description. The position description details a wide range of tasks to maintain the city facilities and grounds. The position will be a Grade 3 position in the Compensation Plan for Local 12 employees. 5. Timeline. The timeline for the process is as follows: When What 6 November 2023 Advertise Position 17 November 2023 Review Applications 20-24 November 2023 Interviews 27 November 2023 Council Approval/Appointment 28 November 2023 New Employees First Day 6. Funding. The position was vetted by the City Human Resources committee and budgeted for in the 2024 Parks Operating Budget. For the remainder of November and December 2023, we plan to use uncommitted seasonal worker salary funds. 7. Staff Recommendation. Staff recommends approval to begin recruitment process and hiring of the full-time building maintenance/custodian position. COUNCIL ACTION REQUESTED Motion to approve the initiation of the recruitment process for a full time Custodian. Exhibits a. Building Maintenance/Custodian Job Description Item No.: 15 Date: November 13, 2023 Item Description: Approval to Recruit Full Time Building Maintenance/Custodian Position Presenter: Joshua Lemons Parks and Facilities Superintendent Agenda Section: Consent Agenda CITY OF ORONO Position Title: Full-time Building Maintenance/Custodian Document Date: October 31, 2023 Department: Parks Accountable to: Parks and Golf Course Superintendent FLSA Status: Non-exempt Nature of Work This position performs a wide range of activities including cleaning, facility maintenance, minor repairs, and other tasks as assigned. After receiving work direction, works independently to complete a project in a safe, timely manner. Supervision Received and Exercised This position is supervised by the Parks and Golf Course Superintendent. This position does not supervise the work of other employees. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. • Performs daily, periodic, and emergency maintenance and repair activities to maintain the City’s facilities. • Observes, maintains, and repairs equipment, buildings, and landscape. • Keeps logs on equipment and repairs, recommends replacements. • Handles inventory control. • Develops and executes preventative maintenance lists and schedules. • Performs routine and project cleaning of offices, corridors, conference rooms and other city facilities. Duties include empty waste receptacle, vacuum and/or sweep floors, clean/disinfect sinks and fountains, straighten and clean furniture. • Performs routine and cleaning of assigned lavatories. Duties include cleaning and disinfecting lavatory fixtures, sinks, walls, floors, mirrors, dispensers. Keeps paper and soap dispensers filled and functioning, empty waste receptacles and insures odor control. • Perform minor maintenance duties include but not limited to: cleaning and lubricating vents, changing filters, changing light bulbs, adjusting equipment and furniture, small painting projects. • Performs exterior maintenance including exterior window and wall cleaning, some minimal landscaping around City Hall complex. • Maintains records relating to inspections and maintenance activity. • Drives a pickup truck and operates equipment of various sizes and weights in loading, hauling and unloading various equipment or materials. • Performs routine inspection and preventative maintenance on assigned equipment and refers defects or needed repairs to appropriate personnel; cleans equipment; may adjust, lubricate, or make small repairs to equipment while in use. • Other duties and projects as assigned by the Supervisor. • Performs all duties in accordance with appropriate safety and security standards. • Performs other duties and assumes other responsibilities as assigned. Required Knowledge, Skills and Abilities Knowledge: • Methods and materials used in facilities cleaning, and parks maintenance; • Equipment used in carrying out facilities and parks maintenance; • Occupational hazards and established safety practices 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. • Equipment Maintenance — Perform routine maintenance on equipment and determining when and what kind of maintenance is needed. • Language Skills- Verbal communications skills needed to deal with the building users and with fellow employees. As questions arise, they must communicate with the public, answer questions and make decisions on facility use. Written communication skills are needed to leave correspondence with the day employees if problems arise or repairs are needed. Abilities: • Follow written and oral directions and work without on-site supervision and make on-site decisions related to work assignments; • Work effectively with other employees, contractor personnel, and other outside work crews; • Communicate tactfully with public; • Control Precision — Able to quickly and repeatedly adjust the controls of a machine or a vehicle to exact positions. • Multi-limb Coordination — Able to coordinate two or more limbs (for example, two arms, two legs, or one leg and one arm) while sitting, standing, or lying down. It does not involve performing the activities while the whole body is in motion. • Arm-Hand Steadiness — Able to keep your hand and arm steady while moving your arm or while holding your arm and hand in one position. • Manual Dexterity — Able to quickly move your hand, your hand together with your arm, or your two hands to grasp, manipulate, or assemble objects. Minimum Requirements • High School diploma or equivalent • Satisfactory results from motor vehicle records check and criminal background investigation • Painting experience Desirable Qualifications • Previous experience working in similar fields. • At least six (6) months experience in janitorial work or building maintenance and repair. Physical Demands and Working Environment See Physical and Environmental Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☒ ☐ ☐ Repetitive hand motion (such as typing) ☒ ☐ ☐ ☐ Hearing, listening ☐ ☐ ☐ ☒ Talking ☐ ☐ ☐ ☒ Standing ☐ ☐ ☒ ☐ Walking ☐ ☐ ☒ ☐ Bending ☐ ☐ ☒ ☐ Stooping ☐ ☐ ☒ ☐ Climbing stairs ☐ ☒ ☐ ☐ Climbing ladders ☐ ☒ ☐ ☐ Kneeling, squatting ☐ ☐ ☒ ☐ Crouching ☐ ☒ ☐ ☐ Crawling ☐ ☒ ☐ ☐ Balancing ☐ ☒ ☐ ☐ Reaching overhead ☐ ☒ ☐ ☐ Pulling, pushing ☐ ☐ ☒ ☐ Shoveling ☐ ☐ ☒ ☐ Lifting – up to 10 pounds ☐ ☐ ☒ ☐ Lifting – up to 20 pounds ☐ ☐ ☒ ☐ Lifting – up to 30 pounds ☐ ☐ ☒ ☐ Lifting – up to 50 pounds ☐ ☒ ☐ ☐ Lifting – over 50 pounds ☐ ☒ ☐ ☐ Work Environment ☐ Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒ Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐ Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐ Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒ Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☒ Vibration: Exposure to oscillating movements of extremities or whole body. ☒ Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☒ Oils: There is air or skin exposure to oils or other cutting fluids. ☐ Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒ Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐ Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. AGENDA ITEM Prepared By: J. Lemons Reviewed By: NJD Approved By: 1. Purpose. The purpose of the agenda item is to seek approval to use contingency funds in the event that sponsorships will not cover the expenses of the Tree Lighting Event. 2. Background / Summary. The majority of expenses for the Tree Lighting Event are covered through sponsorships and donations. Some of the expenses that are covered include the fireworks, food, firewood, grilling services, etc. If the different items are not able to be sponsored, the city has used contingency funding to cover the remaining balance. The fireworks and food have mostly been covered through donations in previous years and any deficits have been provided by the city through contingency funds. The estimated costs of the event are listed in the chart below. If no sponsorships came in for the event, the contingency fund has a sufficient balance to cover the expenses. Items Estimated Cost Fireworks $10,000 Food and other miscellaneous items $ 2,000 TOTAL $12,000 3. Staff Recommendation. Staff recommends authorizing the use of contingency funds to cover expenses, in the event of sponsorships not being sufficient to host the community event. COUNCIL ACTION REQUESTED Motion to approve the use of contingency funds to cover any deficit of sponsorships for the Tree Lighting Event. Item No.: 16 Date: November 13, 2023 Item Description: Tree Lighting Event Funding Presenter: Joshua Lemons Parks and Golf Superintendent Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NJD Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to ask the City Council for approval of a Fireworks Display permit. FIREWORKS DISPLAY PERMIT Applicant: Hollywood Pyrotechnics, Inc. – Ben Netzley Activity: Fireworks Display Location: Launched from golf course at 265 Orono Orchard Rd. (From Golf Course) Date: December 2, 2023 Time: 6:00 p.m. 2. Background. Ben Netzley of Hollywood Pyrotechnics Inc. has submitted a Fireworks Display application. Orono’s City Code requires the City Council to review all applications involving Fireworks. The applicant has been provided a current list of addresses which are within 1000 feet of the launch site of the fireworks. The applicant has acknowledged that they are required to provide a notice of the date, time, and contact information to all property owners with 1,000 feet of the launch site of the fireworks. 3. City Communications. A notice of fireworks display will be displayed on the homepage of the City’s website. This notice will also be sent out on the listserv, posted to Facebook and Twitter. The notice is provided in the exhibits and communications has been pre-scheduled to go out on Tuesday, November 28, Friday, December 1, and Saturday December 2. 4. Recommendation. Staff recommends approval of the Fireworks Display Permit. COUNCIL ACTION REQUESTED Motion to approve the listed permit requested from Hollywood Pyrotechnics for the fireworks display scheduled for December 2, 2023 at 6:00 p.m. at 265 Orono Orchard Rd. (Orono Public Golf Course) Exhibits A. Draft Fireworks Display Permit B. Public Notice & Map of Location of Fireworks Display Item No.: 17 Date: November 13, 2023 Item Description: Approval of Fireworks Display Permit – Tree Lighting Event at Orono Public Golf Course Presenter: Nola Dickhausen, Interim City Clerk Agenda Section: Consent Agenda Telephone (952) 249-4600 ● Fax (952) 249-4616 www.ci.orono.mn.us FIREWORKS DISPLAY PERMIT Date Issued: November 14, 2023 Date of Event: December 2, 2023 Time of Event: 6:00 p.m. Location of Event: Orono Golf Course located at 265 Orono Orchard Road Applicant/Sponsoring Organization: Ben Netzley – Hollywood Pyrotechnics Inc. The following documents are required and on file at the City Administrative Offices: • Approval of the Orono Fire Chief. • Proof of insurance in amount of at least $1,000,000. • Diagram of grounds and display discharge site with fallout radius. • Names and ages of display assistants. • Plan for notification of properties within 1000 feet of the display site and along golf course (addresses provided). • Contact Orono Fire Chief James Van Eyll at 952-473-9701 (office) or 952-367- 6447 (cell) to make arrangements to meet on site on Friday morning, December 1, 2023 prior to setting up the display. (City Seal) _______________________________________ Christine Lusian, City Clerk CITY OF ORONO NOTICE OF FIREWORKS DISPLAY PERMIT DISPLAY TO TAKE PLACE DECEMBER 3, 2022 AT 6:00 P.M. Notice is hereby given that the Orono City Council has approved a Fireworks Display Permit for Hollywood Pyrotechnics Inc. to be launched from the property located at 265 Orono Orchard Road (Orono Public Golf Course) in Orono on December 3, 2022 at 6:00 p.m. (Dusk) We have attached a map of the location, time, date, and contact information regarding the event to this notice. Christine Lusian City Clerk AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances for lot area, lot width, 75-foot lake setback, hardcover within the 75-foot lake setback, overall hardcover, and rear yard setback for the construction of a new home. 2. MN§15.99 Application Deadline. The application was received August 23, 2023 and considered to be complete on October 2, 2023. Therefore the 60-Day review period expires on December 1, 2023. 3. Background/ Summary. The applicant is proposing to demolish the existing home and construct a new home on the lot in a similar location. The subject property is substandard in size and width and has a building envelope that cannot accommodate a single-family home. The existing home on the property is nonconforming as it relates to the required lake yard setback, side yard setback, rear yard setback and hardcover. The City Council and Staff has been strict on the application of average lakeshore setback in order to maintain the uniformity of the street and preserve the neighboring views of the lake. The proposed home meets the average lakeshore setback requirement and has proposed a rear yard setback of 10 feet, where 30 feet would be required. The project also includes the removal of a shed on Hennepin County owned property. The overall project requires variances form lot area, lot width, hardcover within the 75-foot setback, overall hardcover, and rear yard setback. 4. Planning Commission Vote and Comment. On October 16, 2023, the Planning Commission held a public hearing. The Commission reviewed the application and noted the site constraints of the lot and the character of the neighborhood being maintained. The Planning Commission voted 6 to 0 on a motion to approve the requested variances as applied with the recommended conditions given by Staff. 5. Public Comment. A letter from the neighbor to the west (3365 Crystal Bay Road) was included in the Planning Commission packet. This neighbor, Brandon Bouldoc, was also present at the Planning Commission meeting and spoke against the project during the Public Hearing. Brandon Bouldoc noted the increase in hardcover and concern over the loss of lake views as issues. Also included in the Planning Commission packet is a letter from Hennepin County Regional Railroad Authority (HCRRA) in opposition of the rear yard setback variance. 6. Staff Recommendation. Staff recommends approval. Staff finds that there is practical difficulty in the size and width of the lot and lack of building envelope. Staff finds the setback from the lake to be appropriate due to meeting the average lakeshore setback. The increase in hardcover needed for the project is largely due to the new home having a two-stall garage instead of one and a larger driveway to accommodate parking on site. Staff is supportive of this due to the challenges of street parking in the area. Staff recommends approval with the following conditions: 1. The property cannot use the HCRRA corridor for any personal improvements. 2. Pervious pavers or similar material must be used for any walkways or patios. 3. Stormwater Mitigation such as gutter must be installed on the property. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7422 following staff’s recommendation. Item No.: 18 Date: November 13, 2023 Item Description: #LA23-000050, John McGary with Lucid Builders, 3359 Crystal Bay Road Variances – Resolution No. 7422 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: Exhibits Exhibit A. Draft Resolution No. 7422 Exhibit B. Proposed Plans Exhibit C. PC Draft Minutes 10/16/2023 Exhibit D. PC Staff Report 10/16/2023 References PC Exhibits 10/16/2023 Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Proposed Survey Exhibit D. Existing Survey Exhibit E. Plans Exhibit F. Hardcover Calculations Exhibit G. Narrative Exhibit H. Hennepin County Regional Railroad Authority Comment Letter Exhibit I. Neighbor Comment Letter Exhibit J. Mailing List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7422 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350, 78-1279 & 78-1680 FILE NO. LA23-000050 WHEREAS, John McGary with Lucid Builders (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 3359 Crystal Bay Road and legally described as: Lot 12, Wallace’s Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for variances from City Code Section 78-350 for lot area and lot width to allow the construction of a new home; and WHEREAS, the Applicant has applied to the City of Orono for variances from City Code Section 78-350 for rear yard setback to allow the construction of a new home; and WHEREAS, the Applicant has applied to the City of Orono for variances from City Code Section 78-1279 to allow the construction of a new home within a required lake setback; and WHEREAS, the Applicant has applied to the City of Orono for a hardcover variance from City Code Section 78-1680 in order to construct a new home and hardcover within a required lake setback; and WHEREAS, the Applicant has applied to the City of Orono for a hardcover variance from City Code Section 78-1680 in order to exceed the hardcover limitation of 25%; 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 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 voted 6 to 0 in favor of a motion to recommend approval of the variances as applied; and WHEREAS, on November 13, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7422 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000050. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 5,500 square feet in area and has a defined lot width of 50 feet at the 75-foot lakeshore setback and a lot width of 50 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. Lot area and lot width b. Rear yard setback c. 75-foot lake setback d. Hardcover within the lake setback e. 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 variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. The proposed new home maintains a similar distance from the OHWL and is generally in a similar location. The proposed home will meet the average lakeshore setback and be in harmony with the neighboring homes. The proposed project will improve certain setbacks, but will still require variances from 75-foot setback, rear yard CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7422 3 setback and hardcover variances. The current hardcover is over the limit at 39.4% and the additional hardcover needed to modernize the property will bring the total hardcover to 43.9%. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a new single-family home is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a new single-family is a reasonable use of the property. The proposed home will be located in a similar location to the existing home on the property. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain a similar lake setback while adhering to the average lakeshore setback. The small lot size, substandard width, and existing improvements, such as Crystal Bay Road, are not the result of the current property owner’s actions; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The neighborhood along Crystal Bay Road is redeveloping and many of the properties require variances. The proposed home is in line with the neighboring homes along the street. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7422 4 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is a permitted use in the LR-1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The substandard lot size, substandard lot width, and existing conditions of the property are unique conditions to this specific property. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” While the surrounding properties are similar in size, the location of the existing structures on the property are unique to the subject property. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The existing home is in a nonconforming location. The proposal will maintain a similar lake setback. The application proposes an increase in hardcover in order to construct a modern, usable home. The new home will be in line with the neighboring home and meet the average lakeshore setback. The proposed home will improve the existing home’s location to the side and rear property lines and remove an illegal shed. This criterion is met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances allow for the construction of a new home in a similar location to the existing home, while improving some of the nonconformities. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7422 5 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350, 78-1279, and 78-1680 for lot area, lot width, rear yard setback, 75-foot lake setback, hardcover within the 75-foot setback, and hardcover to exceed 25% in order to construct a new home subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. The property cannot use the HCRRA corridor for any personal improvements. 5. Pervious pavers or similar material must be used for the proposed walkways and patio. 6. Stormwater Mitigation such as gutters must be installed on the property. 7. 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 (November 13, 2024). 8. 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 13th day of November, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ , City Clerk Dennis Walsh, Mayor DWELLINGPROPOSEDLEGAL DESCRIPTION:Lot 12, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determiningwhat you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, ifnecessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have beenshown.2. Showing the location of observed existing improvements we deem necessary for the survey.3. Setting survey markers or verifying existing survey markers to establish the corners of the property.4. Existing building dimensions and setbacks measured to outside of siding or stucco.5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may havejurisdiction over these requirements to verify they are correctly shown before proceeding with construction.6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark foryour use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Usethat benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or beforebeginning construction.7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances thatwould be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than theones shown hereon.6. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or thebuilder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans beforeconstruction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in thiscommunity are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvementsand obtain their approvals before beginning construction or planning improvements to the property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, found, unless otherwise noted.#43503LICENSE NO.Wayne W. PreuhsDATES1AUGUST 24, 2023Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway No. 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.LUCID BUILDERS3359 CRYSTAL BAY RD.CLIENT/JOB ADDRESSORONO, MNSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DWG ORIENTATIONSCALE231241 JRDRAWING NUMBER20'10'0JULY 20, 2023DATE SURVEYED:AUGUST 24, 2023DATE DRAFTED:SHEET SIZE: 17 X 22EXISTING HARDCOVERHOUSE928 SQ. FT.PORCH185 SQ. FT.DRIVEWAY621 SQ. FT.DECK107 SQ. FT.WALK238 SQ. FT.STEPS43 SQ. FT.LAKE DECKING46 SQ. FT.TOTAL EXISTING HARDCOVER 2,169 SQ. FT.AREA OF LOT (TO OHW) *5,500 SQ. FT.LOT COVERAGE39.4% NOTE: BOULDER WALL NOT INCLUDED INHARDCOVER CALCULATIONS. *CRYSTAL BAY ROADAREA IS EXCLUDED FROM TOTAL LOT AREA ANDHARDCOVER TOTALS (917 SQ. FT.)GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGIN·Install silt fence/bio roll around the perimeter of the construction area.·Sediment control measures must remain in place until final stabilization hasbeen established and then shall be removed. Sediment controls may beremoved to accommodate short term construction activity but must bereplaced before the next rain.·A temporary rock construction entrance shall be established at each accesspoint to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feetfrom the street into the site and shall be underlain with permeable geotextilefabric. The entrance shall be maintained during construction by top dressingor washing to prevent tracking or flow of sediments onto public streets, walksor alleys. Potential entrances that are not so protected shall be closed byfencing to prevent unprotected exit from the site.·Contractor shall install inlet protection on all existing storm sewer inlets inaccordance with the city standard details. Inlet protection shall also beprovided on all proposed storm sewer inlets immediately followingconstruction of the inlet. Inlet protection must be installed in a manner thatwill not impound water for extended periods of time or in a manner thatpresents a hazard to vehicular or pedestrian traffic.DURING CONSTRUCTION:·When dirt stockpiles have been created, a double row of silt fence shall beplaced to prevent escape of sediment laden runoff and if the piles or otherdisturbed areas are to remain in place for more than 14 days, they shall beseeded with Minnesota Department of Transportation Seed Mixture 22-111 at100 lb/acre followed by covering with spray mulch.·A dumpster shall be placed on the site for prompt disposal of constructiondebris. These dumpsters shall be serviced regularly to prevent overflowingand blowing onto adjacent properties. Disposal of solid wastes from the siteshall in accordance with Minnesota Pollution Control Agency requirements.·A separate container shall be placed for disposal of hazardous waste.Hazardous wastes shall be disposed of in accordance with MPCArequirements.·Concrete truck washout shall be in the plastic lined ditch and dispose ofwashings as solid waste.·Sediment control devices shall be regularly inspected and after major rainfallevents and shall be cleaned and repaired as necessary to provide downstreamprotection.·Streets and other public ways shall be inspected daily and if litter or soils hasbeen deposited it shall promptly be removed.·If necessary, vehicles, that have mud on their wheels, shall be cleaned beforeexiting the site in the rock entrance areas·Moisture shall be applied to disturbed areas to control dust as needed.·Portable toilet facilities shall be placed on site for use by workers and shall beproperly maintained.·If it becomes necessary to pump the excavation during construction, pumpdischarge shall be into the stockpile areas so that the double silt fence aroundthese areas can filter the water before it leaves the site.·Temporary erosion control shall be installed no later than 14 days after the siteis first disturbed and shall consist of broadcast seeding with MinnesotaDepartment of Transportation Seed Mixture 22-111 at 100 lb/acre followed bycovering with spray mulch.·Erosion control measures shown on the erosion control plan are the absoluteminimum. The contractor shall install temporary earth dikes, sediment traps orbasins and additional silt fencing as deemed necessary to control erosion.SITE WORK COMPLETION:·When final grading has been completed but before placement of seed or sodan “as built” survey shall be done per City of Orono requirements to insurethat grading was properly done.·When any remedial grading has been completed, sod or seeding shall becompleted including any erosion control blankets for steep areas.·When turf is established, silt fence and inlet protection and other erosioncontrol devices shall be disposed of and adjacent streets, alleys and walksshall be cleaned as needed to deliver a site that is erosion resistant and clean.·Contractor shall maintain positive drainage of a minimum 2% slope awayfrom proposed building.PROPOSED HARDCOVERHOUSE (INCL. CANTILEVERS) 1,813 SQ. FT.FRONT WALK34 SQ. FT.DRIVEWAY562 SQ. FT.REAR PATIO59 SQ. FT.LAKE DECKING46 SQ. FT.TOTAL PROPOSED HARDCOVER 2,514 SQ. FT.AREA OF LOT (TO OHW) *5,500 SQ. FT.LOT COVERAGE45.7%(*CRYSTAL BAY ROAD AREA IS EXCLUDED FROM TOTALLOT AREA AND HARDCOVER TOTALS (917 SQ. FT.))Resol. No. 7422 Exhibit A Resol. No. 7422 Exhibit B DWELLINGPROPOSEDLEGAL DESCRIPTION:Lot 12, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determiningwhat you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, ifnecessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have beenshown.2. Showing the location of observed existing improvements we deem necessary for the survey.3. Setting survey markers or verifying existing survey markers to establish the corners of the property.4. Existing building dimensions and setbacks measured to outside of siding or stucco.5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may havejurisdiction over these requirements to verify they are correctly shown before proceeding with construction.6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark foryour use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Usethat benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or beforebeginning construction.7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances thatwould be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than theones shown hereon.6. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or thebuilder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans beforeconstruction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in thiscommunity are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvementsand obtain their approvals before beginning construction or planning improvements to the property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, found, unless otherwise noted.#43503LICENSE NO.Wayne W. PreuhsDATES1AUGUST 24, 2023Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway No. 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.LUCID BUILDERS3359 CRYSTAL BAY RD.CLIENT/JOB ADDRESSORONO, MNSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DWG ORIENTATIONSCALE231241 JRDRAWING NUMBER20'10'0JULY 20, 2023DATE SURVEYED:AUGUST 24, 2023DATE DRAFTED:SHEET SIZE: 17 X 22EXISTING HARDCOVERHOUSE928 SQ. FT.PORCH185 SQ. FT.DRIVEWAY621 SQ. FT.DECK107 SQ. FT.WALK238 SQ. FT.STEPS43 SQ. FT.LAKE DECKING46 SQ. FT.TOTAL EXISTING HARDCOVER 2,169 SQ. FT.AREA OF LOT (TO OHW) *5,500 SQ. FT.LOT COVERAGE39.4% NOTE: BOULDER WALL NOT INCLUDED INHARDCOVER CALCULATIONS. *CRYSTAL BAY ROADAREA IS EXCLUDED FROM TOTAL LOT AREA ANDHARDCOVER TOTALS (917 SQ. FT.)GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGIN·Install silt fence/bio roll around the perimeter of the construction area.·Sediment control measures must remain in place until final stabilization hasbeen established and then shall be removed. Sediment controls may beremoved to accommodate short term construction activity but must bereplaced before the next rain.·A temporary rock construction entrance shall be established at each accesspoint to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feetfrom the street into the site and shall be underlain with permeable geotextilefabric. The entrance shall be maintained during construction by top dressingor washing to prevent tracking or flow of sediments onto public streets, walksor alleys. Potential entrances that are not so protected shall be closed byfencing to prevent unprotected exit from the site.·Contractor shall install inlet protection on all existing storm sewer inlets inaccordance with the city standard details. Inlet protection shall also beprovided on all proposed storm sewer inlets immediately followingconstruction of the inlet. Inlet protection must be installed in a manner thatwill not impound water for extended periods of time or in a manner thatpresents a hazard to vehicular or pedestrian traffic.DURING CONSTRUCTION:·When dirt stockpiles have been created, a double row of silt fence shall beplaced to prevent escape of sediment laden runoff and if the piles or otherdisturbed areas are to remain in place for more than 14 days, they shall beseeded with Minnesota Department of Transportation Seed Mixture 22-111 at100 lb/acre followed by covering with spray mulch.·A dumpster shall be placed on the site for prompt disposal of constructiondebris. These dumpsters shall be serviced regularly to prevent overflowingand blowing onto adjacent properties. Disposal of solid wastes from the siteshall in accordance with Minnesota Pollution Control Agency requirements.·A separate container shall be placed for disposal of hazardous waste.Hazardous wastes shall be disposed of in accordance with MPCArequirements.·Concrete truck washout shall be in the plastic lined ditch and dispose ofwashings as solid waste.·Sediment control devices shall be regularly inspected and after major rainfallevents and shall be cleaned and repaired as necessary to provide downstreamprotection.·Streets and other public ways shall be inspected daily and if litter or soils hasbeen deposited it shall promptly be removed.·If necessary, vehicles, that have mud on their wheels, shall be cleaned beforeexiting the site in the rock entrance areas·Moisture shall be applied to disturbed areas to control dust as needed.·Portable toilet facilities shall be placed on site for use by workers and shall beproperly maintained.·If it becomes necessary to pump the excavation during construction, pumpdischarge shall be into the stockpile areas so that the double silt fence aroundthese areas can filter the water before it leaves the site.·Temporary erosion control shall be installed no later than 14 days after the siteis first disturbed and shall consist of broadcast seeding with MinnesotaDepartment of Transportation Seed Mixture 22-111 at 100 lb/acre followed bycovering with spray mulch.·Erosion control measures shown on the erosion control plan are the absoluteminimum. The contractor shall install temporary earth dikes, sediment traps orbasins and additional silt fencing as deemed necessary to control erosion.SITE WORK COMPLETION:·When final grading has been completed but before placement of seed or sodan “as built” survey shall be done per City of Orono requirements to insurethat grading was properly done.·When any remedial grading has been completed, sod or seeding shall becompleted including any erosion control blankets for steep areas.·When turf is established, silt fence and inlet protection and other erosioncontrol devices shall be disposed of and adjacent streets, alleys and walksshall be cleaned as needed to deliver a site that is erosion resistant and clean.·Contractor shall maintain positive drainage of a minimum 2% slope awayfrom proposed building.PROPOSED HARDCOVERHOUSE (INCL. CANTILEVERS) 1,813 SQ. FT.FRONT WALK34 SQ. FT.DRIVEWAY562 SQ. FT.REAR PATIO59 SQ. FT.LAKE DECKING46 SQ. FT.TOTAL PROPOSED HARDCOVER 2,514 SQ. FT.AREA OF LOT (TO OHW) *5,500 SQ. FT.LOT COVERAGE45.7%(*CRYSTAL BAY ROAD AREA IS EXCLUDED FROM TOTALLOT AREA AND HARDCOVER TOTALS (917 SQ. FT.))Council Exhibit B MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 11 all of the sediment is not the responsibility of the applicant. She said the ditch is the responsibility of the property owners unless it has a public easement. Ressler moved, Schultze seconded, to recommend approval of LA22-000059, 2245 Watertown Road Preliminary Plat with the conditions recommended by staff including removal of sediment and proper permitting and erosion control measures. VOTE: Ayes: 6, Nays 0. 2. LA23-000050 LUCID BUILDERS, 3359 CRYSTAL BAY ROAD, REQUESTS VARIANCES FOR LOT AREA, LOT WIDTH, 75-FOOT LAKE SETBACK, HARDCOVER, HARDCOVER WITHIN THE 75-FOOT LAKE SETBACK, AND REAR YARD SETBACK TO CONSTRUCT A NEW HOUSE City Planner Nye gave a presentation on the item, stating the property is substandard in size and width and has a building envelope that cannot accommodate a single-family home. Crystal Bay Road is located within the boundaries of the property. The area of the lot excludes the area of the road bringing the total area to 5,500 square feet. A minimum lot size for the LR-IC zoning district is 21,780 square feet. The width of the lot is 50 feet where 100 feet is the minimum requirement for the zoning district. The existing home on the lot is nonconforming as it relates to the required lake yard setback, side yard setback, rear yard setback and hardcover. The applicant is proposing to demolish the existing home and build a new single-family home. The neighborhood along Crystal Bay Road has experienced many redevelopment projects in recent years resulting in the construction of many new single-family homes. Most of these homes have required variances, she said. The City Council and staff have been strict on the application of average lakeshore setback in order to preserve the uniformity of the street and preserve the neighboring views of the lake. Additionally, a 10-foot rear yard setback has been approved in previous applications. The proposed project meets the average lakeshore setback and maintains a 10-foot rear yard setback. The project also includes the removal of an illegal shed located to the rear of the house on Hennepin County Regional Railroad Authority (HCRRA) owned land. The applicant has identified the property’s substandard size and width as practical difficulties. The applicant added that the proposal will be in harmony with the neighborhood and the variances will allow for the construction of a modern home in a similar location on the lot. Staff agrees with the applicant’s assessment. The property is substandard in size and width and unique in that Crystal Bay Road is located on the property. The existing home on the property is nonconforming and the applicant is proposing to construct a slightly larger home in a similar location. The home is in line with the Average Lakeshore Setback consistent with the neighborhood. The increase in hardcover brings the overall hardcover to over 45peercent of the lot when 25 percent is the maximum allowed, due mainly to including a 2-stall garage where a 1-stall garage exists today and the widening of the driveway in order to support off-street parking for Crystal Bay Road. The project will meet the structural coverage limitations for the site. The proposed home will be built within 10 feet of the rear property line consistent with the neighborhood. Staff finds the request for the new home on the site in character with the neighborhood and reasonable use of the site and supports the variance requests. Planning Staff noted the property cannot use HCRRA corridor for any personal improvements and a shed currently in that corridor will be removed; pervious pavers or similar material must be used for any walkways or patios and stormwater mitigation such as gutters must be installed on the property. Ressler said it looked like the rear setback was improving by 3 feet but lakeshore setback was decreasing by 2 feet. MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 11 Nye said the City has been strict about the 10-foot rear setback but because of the shallowness of the lots there has been wiggle room on the 75-foot setback. A representative of Lucid Builders, the applicant, showed photos of the existing neighborhood and a slide with the ages of the homes from the early 1900s to 2019 and showing the hardcover in the neighborhood, as well as a photo of the shoreline with the existing home and an artist’s rendition with the proposed home. He said the request is similar to other properties and in harmony with the neighborhood. Libby said the roof is about 10 feet higher than would be normal but due to a rise in grade at the back. Chair Bollis opened the public hearing at 6:49 p.m. Brandon Bolduc, 3365 Crystal Bay Road, said he is in one of the oldest original houses on the road. He said there are several tall houses on the road but this would be the first one that would protrude out and impede the view of the lake. Chair Bollis closed the public hearing at 6:52 p.m. Schultze asked how the new house could impede the neighbor’s view of the lake. Nye said the average lakeshore line preserves that but there is more mass in the proposed house at the front and could impede some views from the side. The neighbor would still have the same view out of the front of their house. Ressler said he supports the staff recommendations for provisions like gutters and pavers. These lots are tight and building up is naturally going to happen. This application does not need a variance for exceeding height. He said he recognizes there could be a change in how the view is appreciated by the neighbors but it doesn’t seem to change the spirit of what is going on in that neighborhood. Bollis pointed out the hardcover is higher but less than the average on that street. He said he agrees with Ressler and also the safety of having room to turn cars around and go out onto Crystal Bay Rd. McCutcheon also said the height jumped out at him but it appears to be in character with the neighborhood. He said it is the toughest area for zoning in the whole City of Orono because of the small size of the lots. Commissioners said they would rather move the house back and not preserve the 10-foot rear setback and have the mass of the house further from the lake and the view of neighbors. Ressler moved, Libby seconded, to recommend approval of LA23-000050, 3359 Crystal Bay Rd, Variances as applied with staff recommendations. VOTE: Ayes: 6, Nays 0. 3. LA23-000051 KEPLINGER & KERANEN BUILDERS, INC., 2795 SHADYWOOD ROAD, REQUESTS LOT AREA, LOT WIDTH, HARDCOVER, REAR YARD SETBACK, LAKE SETBACK (LAKE AND CHANNEL), BUILDING ON FILL AND NOT MEETING A 15 FOOT FILL BENCH REQUIRMENTS WITHIN THE SHORELAND DISTRICT TO CONSTRUCT A NEW HOUSE Date Application Received: 08/23/2023 Date Application Considered as Complete: 10/02/2023 60-Day Review Period Expires: 12/01/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: October 16, 2023 Subject: #LA23-000050, John McGary with Lucid Builders, 3359 Crystal Bay Road Variances - Public Hearing Background The subject property is substandard in size and width and has a building envelope that cannot accommodate a single-family home. Crystal Bay Road is located within the boundaries of the property. The area of the lot excludes the area of the road bringing the total area to 5,500 square feet. A minimum lot size for the LR-IC zoning district is 21,780 square feet. The width of the lot is 50 feet where 100 feet is the minimum requirement for the zoning district. The existing home on the lot is nonconforming as it relates to the required lake yard setback, side yard setback, rear yard setback and hardcover. The applicant is proposing to demolish the existing home and build a new single-family home. The neighborhood along Crystal Bay Road has experienced many redevelopment projects in recent years resulting in the construction of many new single-family homes. Most of these homes require variances. The City Council and staff have been strict on the application of average lakeshore setback in order to preserve the uniformity of the street and preserve the neighboring views of the lake. Additionally, a 10- foot rear yard setback has been approved in previous applications. The proposed project meets the average lakeshore setback and maintains a 10-foot rear yard setback. The project also includes the removal of an illegal shed located to the rear of the house on Hennepin County Regional Railroad Authority (HCRRA) owned land. The overall project will require variances from lot area, lot width, hardcover within the 75-foot setback, overall hardcover, and rear yard setback. Clarification should be request from the applicant regarding the existing hardcover within the 75-footlake yard and any proposed mitigation for stormwater run-off such as gutters or pervious paver walkways, patios or decking. The applicant should elaborate on the timing of the project and discuss their plans for construction parking, Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s substandard size and width as practical difficulties. The applicant added that the proposal will be in harmony with the neighborhood and the variances will allow for the construction of a modern home in similar location on the lot. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The property is substandard in size and width being 0.13 acres in size when 0.5 acres is required in the LR-1C District. The property is unique in that Crystal Bay Road is located on the property. The existing home on the property is nonconforming and that applicant is proposing to construct a slightly larger home in a similar location. Application Summary: The applicant is requesting variances for lot area, lot width, 75-foot lake setback, hardcover within the 75-foot lake setback, overall hardcover, and rear yard setback in order to construct a new home. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000050 October 16, 2023 Page 2 of 6 The proposal to demolish the existing home and build a new home has the support of staff. The proposed home will be constructed 63.4 feet from the OHWL, not meeting the 75-foot lake setback requirement. The home is in line with the Average Lakeshore Setback consistent with the neighborhood. The hardcover is proposed to increase by 345 square feet with the new home. This increase in hardcover brings the overall hardcover to over 45% of the lot when 25% is the maximum allowed. The proposed project includes a 2-stall garage where a 1 stall garage exists today and the widening of the driveway in order to support off-street parking for Crystal Bay Road. The project will meet the structural coverage limitations for the site. The proposed home will be built within 10 feet of the rear property line consistent with the neighborhood. Staff finds the request for the new home on the site in character with the neighborhood and reasonable use of the site. Staff supported the variance requests. The Planning Commission should request further information regarding stormwater mitigation to the site and construction parking for the project. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: LR-1C District Required Existing Proposed Rear 30’ 7’ 10’ East Side 7.5’ 6.5’ 7.5’ West Side 7.5’ 17.8’ 7.5’ Lakeshore 75’ 65.5’ 63.4’ Average Lakeshore Compliant Compliant Section 78-350 – Lot Area/Width: LR-1C District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 5,500 s.f. (0.13 acre)* 50’ @ 75’ / 51’ @ OHWL *The total lot coverage does not include the area of Crystal Bay Road Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 5,500 s.f. (0.13 acre) *Allowed: 2,000 s.f. Existing: 1,113 s.f. Proposed: 1,813 s.f. *Parcels under 10,000 sq.ft quality for 2,000 sq.ft building footprint Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 5,500 s.f. 1,375 s.f. (25 %) 2,169 s.f. (39.4%) 2,514 s.f. (45.7%) Applicable Regulations: Lot Area and Lot Width Variances (Section 78-350) 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: FILE #LA23-000050 October 16, 2023 Page 3 of 6 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s request for 75-foot lake setback, rear yard setback, and hardcover variances results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances were not granted. Hardcover Variance (Section 78-1680) The property is approximately 0.13 acres in a half-acre minimum zoning district. The existing hardcover on the property is 39.4% of the total area which is over the Tier 1 maximum of 25%. The proposed development of the property will increase the overall hardcover on the property by 345 square feet bringing the property to 43.9% total hardcover. The property is small in size and in order to construct a usable modern home, some hardcover increase is needed. The applicant should confirm if the hardcover in the 75-foot setback has increased or decreased. The applicant should also consider the use of some permeable pavers in order to offset the increase in hardcover. 75-foot Lakeshore Setback Variances (Section 78-1279) The proposed home will be approximately 63.4 feet from the OHWL where 75 feet is required. The existing home is located in a similar location at 65.5 feet from the OHWL. The proposed home meets the average lakeshore setback and thus falls in line with the neighboring homes on either side. The City has historically allowed Crystal Bay Road properties to be setback closer than the 75-foot setback as long as the average lakeshore setback is met. Rear Setback Variance (Section 78-350) The existing home is situated on the property 7 feet from the rear property line. The applicant is proposing to improve this setback and increase it to 10 feet. Staff is supportive of a 10-foot rear yard setback along this corridor of Crystal Bay Road due to the small and shallow lot sizes. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. FILE #LA23-000050 October 16, 2023 Page 4 of 6 According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. The proposed new home maintains a similar distance from the OHWL and is generally in a similar location. The proposed home will meet the average lakeshore setback and be in harmony with the neighboring homes. The existing conditions of the property are not compliant as it relates to 75-foot lake setback, side yard setback, rear yard setback and hardcover. The proposed project will improve certain setbacks, but will still require variances from 75-foot setback, rear yard setback and hardcover variances. The current hardcover is over the limit at 39.4% and the additional hardcover needed to modernize the property will bring the total hardcover to 43.9%. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in a new single- family home is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of a new single-family is a reasonable use of the property. The proposed home will be located in a similar location to the existing home on the property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain a similar lake setback while adhering to the average lakeshore setback. The small lot size, substandard width, and existing improvements, such as Crystal Bay Road, are not the result of the current property owner’s actions; and c. The variance will not alter the essential character of the locality. The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The neighborhood along Crystal Bay Road is redeveloping and many of the properties require variances. The proposed home is in line with the neighboring homes along the street. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. FILE #LA23-000050 October 16, 2023 Page 5 of 6 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-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot size, substandard lot width, and existing conditions of the property are unique conditions to this specific property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While the surrounding properties are similar in size, the location of the existing structures on the property are unique to the subject property. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home is in a nonconforming location. The proposal will maintain a similar lake setback. The application proposes an increase in hardcover in order to construct a modern, usable home. The new home will be in line with the neighboring home and meet the average lakeshore setback. The proposed home will improve the existing home’s location to the side and rear property lines and remove an illegal shed. This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances allow for the construction of a new home in a similar location to the existing home, while improving some of the nonconformities. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Hennepin County Regional Railroad Authority (HCRRA) has submitted a comment letter (Exhibit H). HCRRA land abuts the property and the proposal includes the removal of a shed that is located on HCRRA property. HCCRA does not support the 10-foot rear yard setback due to historic encroachments on their land in the general area. HCCRA has recommended the following conditions be placed on the resolution: 1. A statement that the property owner/applicant acknowledges that, other than the rights of the general public to use the HCRRA corridor, they have no right to use the HCRRA corridor for any purpose, including the location of any structure, improvement, or other encroachment. 2. Approval be conditioned upon removal of the encroaching shed shown on the survey, the restoration of the HCRRA property, and the removal of any other private property on the HCRRA corridor, and a requirement that the HCRRA corridor will not be used during construction for access or any equipment or material storage. FILE #LA23-000050 October 16, 2023 Page 6 of 6 The neighboring property owner at 3365 Crystal Bay Road has submitted a comment letter (Exhibit I). The neighboring property owner is not supportive of the project due to the impact on his current view of the lake and the additional hardcover. The applicant has moved the house further from the lake after speaking with the neighbor, which is reflected on the current proposal. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Commission should discuss the increase in hardcover and request the hardcover calculation specific to the area within the 75 -foot setback. Testimony from the applicant regarding mitigation for stormwater should be requested. 3. Are there any other issues or concerns with the proposed rear yard setback as it relates to the HCRRA property? 4. The Commission should inquire about the construction timeline of the project and how the applicant plans to manage construction parking on Crystal Bay Road. Planning Staff Recommendation Staff is supportive of the requested variances for lot area, lot width, 75-foot lake setback, hardcover within the lake setback, overall hardcover, and rear yard setback in order to construct a new single-family home with the following conditions: 1. The property cannot use HCRRA corridor for any personal improvements. 2. Pervious pavers or similar material must be used for any walkways or patios. 3. Stormwater Mitigation such as gutters must be installed on the property. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Proposed Survey Exhibit D. Existing Survey Exhibit E. Plans Exhibit F. Hardcover Calculations Exhibit G. Narrative Exhibit H. Hennepin County Regional Railroad Authority Comment Letter Exhibit I. Neighbor Comment Letter Exhibit J. Mailing List & Map AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding setback variances for the construction a front porch and two additional covered entryways. 2. MN§15.99 Application Deadline. The application was received August 25, 2023 and considered to be complete on October 4, 2023. Therefore the 60-Day review period expires on December 3, 2023. 3. Background/ Summary. The applicant is proposing to construct a new covered porch and cover two additional entry ways on an existing home. The subject property is located in the RR-1A zoning district which requires a 100-foot front yard setback. The existing home does not conform to this requirement and is currently about 70 feet from the front property line. The front porch is 43 square feet and will be 87 feet from the property line. The other two entry ways on the home will be covered by a new roof, but will not expand any hardcover. The expanded roof will not protrude beyond any existing setbacks. Variances are required from front yard and side yard setbacks to construct this project. 4. Planning Commission Vote and Comment. On October 16, 2023, the Planning Commission held a public hearing. The Commission reviewed the application and voted 6 to 0 on a motion to approve the requested variances as applied. Draft minutes from the Planning Commission are included as Exhibit C. 5. Public Comment. No public comment has been received. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7423 Exhibits Exhibit A. Draft Resolution No. 7423 Exhibit B. Proposed Plans Exhibit C. Draft PC Minutes 10/16/2023 Exhibit D. PC Staff Report 10/16/2023 References PC Exhibits 10/16/2023 Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Survey Exhibit D. Plans Exhibit E. Mailing List and Map Item No.: 19 Date: November 13, 2023 Item Description: #LA23-000053, Pillar Homes, 3765 Watertown Road Variance – Resolution No. 7423 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7423 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-395 FILE NO. LA23-000053 WHEREAS, on August 25, 2023, Pillar Homes (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 3765 Watertown Road and legally described as: That part of the West 392.98 feet of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin County, Minnesota, lying South of County Road No. 6, also known as Watertown Road and West of the following described line: Commencing at the Southwest corner of said Southeast Quarter of the Southwest Quarter; thence South 89 degrees 54 minutes 36 seconds East assumed bearing, along the South line of said Southwest Quarter of the Southeast Quarter, a distance of 149.03 feet to the point of beginning of said described line; thence North 3 degrees 14 minutes 50 seconds East, a distance of 1101.63 feet to the centerline of County Road No. 6, also known as Watertown Road, and there terminating (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for front and side yard setback variances from City Code Section 78-395 in order to construct new covered entryways on an existing home; 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 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 voted 6 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on November 13, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance 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. 7423 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000053. 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 RR-1A One Family Rural Residential Zoning District. 3. The Property contains 4.85 acres. 4. Applicant has applied for the following variances: a. Front Yard Setback b. Side Yard Setback 5. 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: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances to construct a 43 square foot front porch and expand the roof over two other entry ways is in harmony with the ordinance. The existing home is nonconforming as it relates to front and side yard setbacks and the proposed expansions do not protrude any closer to the property lines. The improvements are minimal and do not change the character of the home. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances to permit a reasonable front entry to the home and extend the roof over two other doors to the home is reasonable and consistent with the comprehensive plan. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7423 3 The owner’s request is reasonable and the minimum necessary to achieve the goal of covering the entry ways. The proposal does not extend any further towards the property lines and meets all other zoning requirements. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing home on the property was constructed over 50 years ago and predates the current zoning code. The homeowner is not responsible for the placement of the existing home; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed covered entryways are minimal and will not impact the character of the home or neighborhood. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is a permitted use in the RR-1A District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The home was constructed prior to the current zoning code and is nonconforming as it relates to front and side setbacks. This condition is peculiar to the subject property. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The existing original home on the subject property is a unique condition. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7423 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.”. The proposed covered entryways will allow for the better function and use of the home. The proposal has designed the minimum size necessary to achieve the goal and maintain the character of the home. 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.” The variance will not impair health, safety, comfort or morals and will not be contrary to the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variance requested is necessary as the home is constructed beyond the required front and side yard setbacks. The covered entryways have been designed so that it is minimally impactful and do not further decrease the nonconforming setbacks. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Section 78-395 to allow the construction of three new covered entryways on an existing house subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (November 13, 2024). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of November, 2023. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7423 5 ATTEST: CITY OF ORONO: _______________________________ ________________________________ , City Clerk Dennis Walsh, Mayor Resol. No. 7423 Exhibit B Resol. No. 7423 Exhibit B MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 11 McCutchenon said with water, a flat roof would not work out well and the roof line fits the look of the neighborhood. McCutcheon moved, Ressler seconded, to recommend approval as applied, including the porch roof, of LA23-000051, 2795 Shadywood Road, Variances. VOTE: Ayes: 6, Nays 0. 4. LA23-000053 PILLAR HOMES PARTNER, INC., 3765 WATERTOWN ROAD, REQUESTS A FRONT YARD SETBACK VARIANCE TO CONSTRUCT A COVERED ENTRY City Planner Nye gave a presentation on the item, stating the property owner is requesting setback variances in order to construct new covered porch entry and cover two other entries on the existing home. The existing home is nonconforming to the setbacks of the RR-1A zoning district which requires a 100- foot front yard setback and 50-foot side yard setback. The existing home is situated 70 feet from the front property line and 16 feet from the side property line. The new improvements include a 43 square foot front porch over an existing stoop and two roof expansions over existing doorways. None of the entryways will protrude any closer to the property lines than the existing home. The property is not subject to hardcover or lot coverage limitations. The applicant has provided supporting documentation regarding practical difficulties. Staff finds the location of the existing home a practical difficulty. The existing home does not conform to the required setbacks and the proposed improvements do not extend beyond the closest point of the house. The proposed covered entries are very minimal and meet all other zoning requirements, she said. K.C. Chermak of Pillar Homes said the changes requested are pretty minimal as there is no foundation work. Water management was one of the driving forces. Chair Bollis opened the public hearing at 7:29 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:29 p.m. Libby said this is pretty straight-forward. Staff has been diligent. Ressler said it was a better use of the property. Libby moved, Erickson seconded, to recommend approval as applied of LA23-000053, 3765 Watertown Road, Variances. VOTE: Ayes: 6, Nays 0. 5. LA23-000058 TRIPP SNYDER, 1513 BAY RIDGE ROAD, TWO PUBLIC HEARINGS a) An Appeal of the staff interpretation of Section 78-1279 relating to this request. b) After-the-fact approval of setback variances to address expansions to a nonconforming deck Date Application Received: 08/25/2023 Date Application Considered as Complete: 10/04/2023 60-Day Review Period Expires: 12/03/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: October 16, 2023 Subject: #LA23-000038, KC Chermak with Pillar Homes o/b/o James and Kim Horton 3765 Watertown Road Variances – Public Hearing Background The property owner is requesting setback variances in order to construct new covered entryways on the existing home. The existing home is nonconforming to the setbacks of the RR-1A zoning district which requires a 100-foot front yard setback and 50-foot side yard setback. The existing home is situated 70 feet from the front property line and 16 feet from the side property line. The new improvements include a 43 square foot front porch over an existing stoop and two roof expansions over existing doorways. None of the entryways will protrude any closer to the property lines than the existing home. The subject property is not subject to hardcover or lot coverage limitations. Practical Difficulties Analysis Applicant Submittal Information: The applicant has 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 the location of the existing home a practical difficulty. The existing home does not conform to the required setbacks and the proposed improvements do not extend beyond the closest point of the house. The proposed covered entries are very minimal and meets all other zoning requirements. LOT ANALYSIS WORKSHEET Section 78-350 – Setbacks: RR-1A Required Existing Proposed Front/Street 100’ 70.1’ 70.1’ (Addition 81.8’, 87.3’) Rear 100’ 900’+ 900’+ East Side 50’ 16.6 16.6 (Addition 48’) West Side 50’ 115’ 115’ Applicable Regulations: Front Yard Setback Variance (Section 78-395) The existing home is nonconforming as it relates to the front yard setback requirement of 100 feet. The closest point of the home to the property line is 70.1 feet. The proposal includes two new expansions of the home into that required a variance. The new front porch will be approximately 87 Application Summary: The applicant is requesting a front yard setback variance and a side yard setback variance to construct three new covered entryways. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA23-000053 October 16, 2023 Page 2 of 4 feet from the front property line and the new covered entry abutting the garage will be approximately 82 feet from the front property line. The roof expansions require setback variances. Side Yard Setback Variance (Section 78-395) The existing home on the property is nonconforming as it relates to the side yard setback of 50 feet. The existing home is 16.6 feet from the side property line at its closest point. The proposal includes a roofed entry way on the rear of the home. The new roof is approximately 48 feet from the side property line and thus requiring of a variance. The proposal does not protrude any closer to the side property line than the existing home. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances to construct a 43 square foot front porch and expand the roof over two other entry ways is in harmony with the ordinance. The existing home is nonconforming as it relates to front and side yard setbacks and the proposed expansions do not protrude any closer to the property lines. The improvements are minimal and do not change the character of the home. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances to permit a reasonable front entry to the home and extend the roof over two other doors to the home is reasonable and consistent with the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the owner’s request is reasonable and the minimum necessary to achieve the goal of covering the entry ways. The proposal does not extend any further towards the property lines and meets all other zoning requirements; b. There are circumstances unique to the property not created by the landowner; the existing home on the property was constructed over 50 years ago and predates the current zoning code. The homeowner is not responsible for the placement of the existing home; and c. The variance will not alter the essential character of the locality. The proposed FILE #LA23-000053 October 16, 2023 Page 3 of 4 covered entryways are minimal and will not impact the character of the home or neighborhood. This criterion is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential improvements are allowed uses in the RR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home was constructed prior to the current zoning code and is nonconforming as it relates to front and side setbacks. This condition is peculiar to the subject property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The existing original home on the subject property is a unique condition. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed covered entryways will allow for the better function and use of the home. The proposal has designed the minimum size necessary to achieve the goal and maintain the character of the home. 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. The variance will not impair health, safety, comfort or morals and will not be contrary to the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance requested is necessary as the home is constructed beyond the required front and side yard setbacks. The covered entryways have been designed so that it is minimally impactful and do not further decrease the nonconforming setbacks. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The Planning Commission should inquire if neighboring properties are supportive of the project. Staff has not received any public comments or neighbor acknowledgment forms. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? FILE #LA23-000053 October 16, 2023 Page 4 of 4 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the front yard and side yard setbacks as applied. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey Exhibit D. Plans Exhibit E. Mailing List & Map AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding an average lakeshore setback variance for a new screen wall. 2. MN§15.99 Application Deadline. The application was received September 20, 2023 and considered to be complete on October 4, 2023. Therefore the 60-Day review period expires on December 3, 2023. 3. Background/ Summary. The applicant is proposing to construct a new 6-foot-high fence in order to provide additional privacy for the home’s outdoor living space. The fence is located within the average lakeshore setback and exceeds the maximum 42” height limitation. Much of the home and the entirety of the outdoor living space is within the average lakeshore setback. The impacted neighbor to the south is situated at much higher grade and is setback further from the lake. The change in topography along with the existing vegetation allows the proposed screen wall to have little to no impact. The neighbor to the south has provided support of the project. An average lakeshore setback variance is required for the proposed screen wall fencing. All other elements of the project are compliant with City Code. 4. Planning Commission Vote and Comment. On October 16, 2023, the Planning Commission held a public hearing. The original proposal included an outdoor kitchen as an element of the screen wall. The kitchen elements incorporated into the design of the wall required an additional variance – a side yard setback variance. The side yard setback variance was required because the improvement is considered an accessory structure with the kitchen elements incorporated into the design. Staff was not supportive of the side yard setback variance. At the meeting, the applicant agreed to remove the kitchen elements in order to eliminate the additional variance. This modification allowed staff to support the proposal and for the Planning Commission to recommend approval. The Commission reviewed the application and voted 6 to 0 on a motion to approve the requested average lakeshore setback variance for the screen wall fencing with the condition to remove the outdoor kitchen elements that were incorporated into the screen wall. The applicant has since provided revised plans that meet this condition and are attached as Exhibit B. Draft minutes from the Planning Commission are included as Exhibit C. 5. Public Comment. The applicant has provided neighbor acknowledgement forms. The impacted neighbor to the south at 1000 Tonkawa Road spoke at the Public Hearing in support of the requested variance. 6. Staff Recommendation. Staff recommends approval of the revised proposal. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7424 Exhibits Exhibit A. Draft Resolution No. 7424 Exhibit B. Revised Plans Exhibit C. Draft PC Minutes 10/16/2023 Exhibit D. PC Staff Report 10/16/2023 Item No.: 20 Date: November 13, 2023 Item Description: #LA23-000059, Jennifer Germain with Pebl Design, 980 Tonkawa Road Variance – Resolution No. 7425 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: References PC Exhibits 10/16/2023 Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Survey Exhibit D. Plans Exhibit E. Hardcover Calculations Exhibit F. Aerial & Property Photos Exhibit G. Narrative Exhibit H. Neighbor Acknowledgment Forms Exhibit I. Mailing List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7424 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000059 WHEREAS, on September 20, 2023, Jennifer Germain with Pebl Design (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 980 Tonkawa Road and legally described as: That part of Government Lot 3, Section 8, Township 117, Range 23, described as commencing at the Northwest corner of Tract A, Registered Lan Survey Number 617; thence North 23 degrees 20 minutes West along the extension of the Westerly line of said Tract A a distance of 85.80 feet to the actual point of beginning; thence South 85 degrees, 22 minutes West a distance of 34.84 feet to the center line of County Road Number 135; thence South 23 degrees, 20 minutes East along said center line to its intersection with a line bearing South 87 degrees, 24 minutes West from the point of commencement; thence North 87 degrees, 24 minutes East a distance of 842.50 feet, more or less, to the shore of Lake Minnetonka; thence Northwesterly along said shore to its intersection with a line bearing North 85 degrees, 22 minutes East from the actual point of beginning; thence South 85 degrees, 22 minutes West to the actual point of beginning (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for an average lakeshore setback variance from City Code Section 78-1279 in order to construct a new fence; 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 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 voted 6 to 0 in favor of a motion to recommend approval of the variance; and WHEREAS, on November 13, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance 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. 7424 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000059. 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-1B One Family Lakeshore Residential Zoning District. 3. The Property contains 74,496 square feet in area. 4. Applicant has applied for the following variances: a. Average Lakeshore Setback 5. 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: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” An average lakeshore setback variance is required for the construction of a 6-foot screen fence. Much of the existing home is located in front of the average lakeshore setback line. The proposed fence is located on the southern side of the home. The property is situated at a lower grade than the impacted neighbor to the south. The neighboring properties also have dense vegetative screening between the two. The neighboring property to the south would not be impacted by the proposed project. The structure meets the 75-foot lake setback and the property is proposed to remain in compliance with the hardcover regulations. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances to permit a reasonable front entry to the home and extend the roof over two other doors to the home is reasonable and consistent with the comprehensive plan. This criterion is met. The property is being used for a single family home consistent with the comprehensive plan. The proposed wall height is not likely to impact any lake views. 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7424 3 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 new wall to screen the outdoor living space is reasonable as it does not impact the neighbor’s view of the lake. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The placement of the existing home and the topography of the area are unique to the property and not created by the landowner. This criterion is met; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variance resulting in a new screen wall fencing will not impact the neighboring views of the lake. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is a permitted use in the LR-1B District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The existing nonconforming elements of the property and the topography of the area are unique to the property. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The existing original home on the subject property is a unique condition. This criterion is met. The extreme average lakeshore setback and topography is unique to the property limiting height of some accessory improvements on the site. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7424 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The proposed privacy fence does not impact the neighboring views of the lake and therefore can be supported. 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.” The variance will not impair health, safety, comfort or morals and will not be contrary to 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.” Much of the home is within the average lakeshore setback and the construction of a 6-foot screen fence would not impede the neighboring lake views. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Section 78-1279 to allow a new fencing to allowing screening on the property subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A permit must be issued within one year of the date of Council approval, or the variance will expire on that date (November 13, 2024). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of November, 2023. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7424 5 ATTEST: CITY OF ORONO: _______________________________ ________________________________ , City Clerk Dennis Walsh, Mayor Resol. No. 7424 Exhibit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esol. No. 7424 Exhibit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ctober 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 11 Bollis said he did not think the applicant is asking for much. Bollis moved, Schultze seconded, to recommend approval of LA23-000058, 1513 Bay Ridge Road, Variances. VOTE: Ayes: 6, Nays 0. 6. LA23-000059 PEBL DESIGN, 980 TONKAWA ROAD, REQUESTS APPROVAL OF AN AVERAGE LAKESHORE SETBACK AND SIDE YARD SETBACK VARIANCE FOR AN ACCESSORY STRUCTURE IN THE SIDE YARD. City Planner Nye explained the applicant is requesting an average lakeshore setback variance and a side yard setback variance for the construction of a 6-foot screen wall and outdoor kitchen area. The proposed screen wall is considered an accessory structure and not a fence due to the grill, sink, and other elements that are incorporated in its design. The proposal does not meet the 10-foot setback requirement for accessory structures and is 6 feet in height within of the average lakeshore setback line where 42 inches (3.5 feet) is permitted. All other zoning requirements, including hardcover, are met. The applicant has identified the existing conditions of the property as a practical difficulty. Currently there is an accessory structure of a 3-foot-tall wall enclosing a grill within the required side yard setback. The applicant is proposing to recapture this element of the current outdoor space in their new design. The applicant has also identified the topography and extreme average lakeshore setback line as practical difficulties. The current home is within the average lakeshore setback and the neighboring and impacted neighbor is situated at a much higher grade and therefore is not impacted by the proposed 6-foot accessory structure. There is also substantial vegetation between the neighboring properties. There are some practical difficulties to support a variance to the average lakeshore setback. However, Staff does not find that there is practical difficulty to allow a side yard setback variance. Staff does recognize that the proposed taller height of the accessory structure would not impact the neighbor’s view of the lake due to the difference in grade, vegetation, extreme average lakeshore setback limits and distance from the lake. However, the property owner has reasonable use of the site for the single-family home. An accessory structure of an outdoor kitchen is not necessary for the use of the property. The proposed location for the outdoor kitchen is out of convenience since there is a conforming building envelope on the site for the proposed project to meet the 10-foot required side yard setback. The applicant, representing PEBL Designs, said they were under the impression that they had removed the outdoor kitchen based on staff recommendation. He pointed out the intent of average lakeshore setback doesn’t really apply because of the difference in grade and vegetation. Nye said Staff would be in favor of the variance for the six-foot wall without the kitchen. Chair Bollis opened the public hearing at 8:17 p.m. Joe Hoffman, 1000 Tonkawa, the neighbor, said they have no problems with what the neighbor wants to do and in fact the six-foot wall would give them more privacy. Chair Bollis closed the public hearing at 8:19 p.m. Bollis said he was in favor of the six-foot fence as it does not impede anyone’s view. MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 11 Nye said as proposed it would be about six feet from the property line. The side-yard setback variance is not needed if they drop the outdoor kitchen. Libby asked if there would be space to move the wall so the applicant could still have the accessory kitchen. The applicant said moving it that close to the house doesn’t make any sense. Ressler said he would not support a six-foot wall but a fence would be acceptable at a height of six feet. McCutchen moved, Schultze seconded, to recommend approval of LA23-000059, 980 Tonkawa Road, Variance for Average Lakeshore Setback removing the outdoor kitchen. VOTE: Ayes: 5, Nays 1 (Ressler). 7. LA23-000054 TEXT AMENDMENT WITHIN CHAPTER 78 WHICH CONTEMPLATES THE ALLOWANCE OF RETAINING WALLS WITHIN THE SHORE SETBACK ZONES Community Development Director Oakden explained the City Council processes many variances for retaining walls within the lakeshore setback every year. The Council directed staff to review the current regulations relating to retaining walls and determine of if any amendments to the City Code should be considered. City Staff presented information to the Council at the April 24, 2023 and May 19,2023 work sessions which included general background information, examples of different types of walls and wall construction, guidance from the Comprehensive Plan, DNR and other lake area communities. Currently, the City Code prohibits retaining walls within the shore setback. The required shore setback for Lake Minnetonka is 75-feet. The strict prohibition presents multiple challenges for residents who are working to repair or replace failing walls or to address erosion issues. The current regulations do not provide any guidance for best practices regarding material, methods, or screening of walls. Staff recommends the Council amend the City Code to create an administrative process and a conditional use permit process to permit retaining walls within the shore setback on properties with specific conditions. Additionally, clarification to the definition of retaining walls and elimination of redundancy within the City Code will be achieved with the proposed ordinance, she said. The ordinance would allow for an administrative permit under some conditions and a conditional use permit process for others. To obtain a CUP it would require a public hearing and professional engineering. This would include new walls or walls with significant changes. Swapping out material on an existing wall up to four feet within the 75-foot Lakeshore Setback could be accomplished with the administrative permit. Chair Bollis opened the public hearing on the proposed ordinance revision at 8:39 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:39 p.m. Bollis said he felt this was a needed change as retaining walls built in the 1970s are beginning to fail and new materials and techniques are now available. It would be good for residents to be able to address more of these with an administrative permit. Date Application Received: 09/20/2023 Date Application Considered as Complete: 10/04/2023 60-Day Review Period Expires: 12/03/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: October 16, 2023 Subject: #LA23-000059, Jennifer Germain with Pebl Design, 980 Tonkawa Road Variances - Public Hearing Background The applicant is requesting an average lakeshore setback variance and a side yard setback variance for the construction of a screen wall and outdoor kitchen area. The proposed improvement is 6 feet in height and includes an outdoor kitchen that serves the outdoor patio. The proposed screen wall is considered an accessory structure and not a fence due to the grill, sink, and other elements that are incorporated in its design. The proposal does not meet the 10-foot setback requirement for accessory structures and is 6 feet in height within of the average lakeshore setback line where 42 inches (3.5 feet) is permitted. All other zoning requirements including hardcover are met. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing conditions of the property as a practical difficulty. Currently there is an accessory structure of a 3-foot-tall wall enclosing a grill within the required side yard setback. The applicant is proposing to recapture this element of the current outdoor space in their new design. The applicant has also identified the topography and extreme average lakeshore setback line as practical difficulties. The current home is within the average lakeshore setback and the neighboring and impacted neighbor is situated at a much higher grade and therefore is not impacted by the proposed 6-foot accessory structure Planning Staff Practical Difficulty Analysis: There are some practical difficulties to support a variance to the average lakeshore setback. However, Staff does not find that there is practical difficulty to allow a side yard setback variance. Staff finds that the property does have a significant grade change between the subject property and the impacted neighbor at 1000 Tonkawa Road. There is also substantial vegetation between the two properties. Staff does recognize that the proposed taller height of the accessory structure would not impact the neighbor’s view of the lake due to the difference in grade, vegetation, extreme average lakeshore setback limits and distance from the lake. However, the property owner has reasonable use of the site for the single-family home. An accessory structure of an outdoor kitchen is not necessary for the use of the property. The proposed location for the outdoor kitchen is out of convenience since there is a conforming building envelope on the site for the proposed project to meet the 10 foot required side yard setback. Application Summary: The applicant is requesting an average lakeshore setback variance and an accessory structure side yard setback variance for an outdoor kitchen and screen wall. Staff Recommendation: Planning Department Staff recommends denial as applied. FILE #LA23-000059 October 16, 2023 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Accessory Structure Setbacks: LR-1B District Required Existing Proposed Rear/Street 17.5’ 500’+ 500’+ North Side 10’ 95’ 95’ South Side 10’ 5’ 6’ Lakeshore 75’ 160’ 138’ Average Lakeshore * Not Met – The improvement is completely within ALS Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 74,496 s.f. 18,624 s.f. (25 %) 11,428 s.f. (15.3%) 12,335 s.f. (16.5%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The intent of the ordinance is to protect the lake views enjoyed by neighboring properties. Structures over 42 inches in height are prohibited in front of the average lakeshore setback line. Much of the existing home is within the average lakeshore setback and is nonconforming. The proposed accessory structure is over the 42 inch height limitation and is located within the average lakeshore setback. The 6-foot accessory structure is intended to provide screening for the patio and will contain elements of an outdoor kitchen. The impacted neighbor to the south is situated at a higher elevation and will not be negatively impacted by the wall as it does not block any view of the lake. Both homes are significantly set back from the lake, there is a topography change, and there is dense vegetation between the two lots. The neighbor’s views of the lake are protected and therefore the intent of the ordinance is met. Side Yard Setback Variance for Accessory Structure (Section 78-330) The proposed improvement includes a 6-foot screen wall around outdoor kitchen elements including a grill and sink which intensifies the use of the wall. The proposed screen wall is considered to be an accessory structure rather than a fence and must adhere to the accessory structure setbacks. The accessory structure setbacks limit placement of structures such as sheds, patios, etc. on lots. The subject property is located in the LR-1B Zoning District which requires a 10-foot side yard setback. The proposed accessory structure is approximately 6 feet from the side (southern) property line where 10 feet in required. There is ample room on the site for the project to meet the 10 foot required side yard setback. 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, FILE #LA23-000059 October 16, 2023 Page 3 of 5 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. An average lakeshore setback variance is required for the construction of a 6-foot screen wall. Much of the existing home is located in front of the average lakeshore setback line. The proposed accessory structure is located on the southern side of the home. The property is situated at a lower grade than the impacted neighbor to the south. The neighboring properties also have dense vegetative screening between the two. The neighboring property to the south would not be impacted by the proposed protect. The structure meets the 75-foot lake setback and the property is proposed to remain in compliance with the hardcover regulations. However, the accessory structure does not meet the required side yard setback. The screened wall and outdoor kitchen is considered to be an accessory structure based on the submitted design. The required setback for accessory structures in the LR-1B district is 10 feet and the proposed wall is approximately 6 feet from the side property line. the proposed structure is not in harmony with the general intent and purpose of the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The property is being used for a single family home consistent with the comprehensive plan. The proposed accessory structure height is not likely to impact any lake views. However, structure does not meet the required side yard setback and does not demonstrate consistency with the comprehensive plan. This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of a new accessory structure is permitted within official controls. However, the proposed location within the side yard setback is out of convivence since there is ample room for the structure to meet the 10-foot required setback and therefore is not a reasonable use of the property. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The placement of the existing home and the topography of the area are unique to the property and not created by the landowner. The unique circumstances can support an average lakeshore setback variance, however the proposed location of the structure within the 10-foot side yard setback is created by the homeowner to expand their outdoor living space. This criterion is not met.; and c. The variance will not alter the essential character of the locality. The proposed variance resulting in a new screen wall structure will not impact the neighboring views of the lake. However, the proposed wall is closer than the Ordinance permits and is larger and a more intense use than the nonconforming wall and grill on the property today. This criterion is not met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: FILE #LA23-000059 October 16, 2023 Page 4 of 5 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing nonconforming elements of the property and the topography of the area are unique to the property. This criterion is met for the average lakeshore setback restrictions. The side yard setback is not peculiar and all properties in the neighboring area must meet this setback. This criterion is not met for the side yard setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The extreme average lakeshore setback and topography is unique to the property limiting height of some accessory improvements on the site. The criterion is met for the average lakeshore setback. The 10-foot side yard setback for accessory structure apply the same to the properties in the zoning district and are not unique for this site. This criterion is not met for the side yard setback variances. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed structure location is not necessary for the use and enjoyment of the property. The proposal could be moved to meet the side yard setback requirements and still function as an element of the outdoor living space. The privacy wall does not impact the neighboring views of the lake and therefore can be supported. This criterion is not 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 variance allows for the construction of an accessory structure that includes a 6-foot screen wall and outdoor kitchen elements. The placement of the structure within a side yard setback appears to serve as more of a convenience to the applicant. The wall could be moved 4 feet inwards and be in a conforming location. Much of the home is within the average lakeshore setback and the construction of a 6-foot screen wall would not impede the neighboring lake views. The average lakeshore setback variance can be supported, but the side yard setback variance cannot. This criterion is not met. FILE #LA23-000059 October 16, 2023 Page 5 of 5 The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has provided an acknowledgement form from the neighboring property. No other public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner ? Is the project able to conform to city standards?? 2. Does the Planning Commission find that the variance (s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends denial of the application as applied. The structure is proposed 6 feet from the side property line when 10 feet is required. Staff does not find that there is practical difficulty present to support this variance. The location seems to be out of convenience as there is available room to meet the 10 foot required side yard setback. Staff has recommended moving the structure to a compliant location. The proposed 6-foot height of the accessory structure is not permitted within the average lakeshore setback due to exceeding the 42 inch height requirement. Much of the existing home is within the average lakeshore setback and due to the topography and existing vegetation, the neighboring property is not impacted by the proposed screen wall. This variance has the support of staff. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Survey Exhibit D. Plans Exhibit E. Hardcover Calculations Exhibit F. Aerial & Property Photos Exhibit G. Narrative Exhibit H. Neighbor Acknowledgment Form Exhibit I. Mailing List & Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding after-the-fact variances for a replacement deck. 2. MN§15.99 Application Deadline. The application was received on September 20, 2023 and considered to be complete on September 21st. Therefore the 60-Day review period expires on November 20, 2023. 3. Background/ Summary. In June, the property owner submitted a building permit application to rebuild an existing 16’ x 24’ deck, in-kind. The owner included a description of the project on the application as follows: “Repair and renovation of existing deck. Renovated deck will be the same dimensions”. During the construction the City’s building inspector noted discrepancies between the previous deck and the deck under construction, see Exhibits B and C for plans and photos.  During an inspection, the owner informed Inspector Gary Nelson that the new deck had been elevated from the existing, approximately 7-8 inches, so that the deck was equal to the door threshold eliminating a step down from the home to increase safety. This small deck height increase within the ALS and side yard setback is considered to be an expansion of the volume of the deck within the setback.  The previous deck did not have a guard rail, rather a low bench-like feature was constructed along the perimeter of the deck. The newly reconstructed deck requires a guard rail following MN State Building Code Guidelines. The new railings would be an expansion of the existing deck within the ALS.  The stair on the north side of the deck was reoriented. The original stairs were set into the deck at the northeast corner and joined a set of stairs which were set into the grade. Due to the height increase, the existing stair configuration would not meet building code requirements. To address this, the owner turned the stair 90o toward the lake and widened the treads by 1 foot, 4 inches to increase safety. The taller stairs and new footprint orientation are considered an expansion within the ALS.  A second staircase against the home on the south side of the deck was eliminated and the deck was constructed against the home. 4. Variance Description. The newly constructed deck is approximately 8-inches higher than the previously existing deck, which is considered to be an expansion in the average lakeshore and side yard setbacks. The deck is set back 8.5’ feet from the side lot line where a 12-foot setback is required. The deck was nonconforming with respect to the average lakeshore setback by approximately 5 feet prior to the construction of the new home to the south at 1525 Bay Ridge Road. The entire deck and an approximate 800 square foot portion of the home on the southeast corner became nonconforming in 2019; see the 2018 and current aerial photos attached as Exhibit C. 5. Planning Commission Vote and Comment. On October 16, the Planning Commission held a public hearing. Comments from the public were provided by the neighbor to the north who also provided written comments (Exhibit E). Following the public hearing, the Planning Commission voted 6 to 0 on a motion to approve the after-the-fact variances. Item No.: 21 Date: November 13, 2023 Item Description: #LA23-000058, Robert “Tripp” Snyder, 1513 Bay Ridge Road, After-the-Fact Variances – Resolution No. 7426 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 6. Public Comment. Comments from the public were received and are attached as Exhibit E. 7. Staff Recommendation. Staff Planning Staff recommends approval. COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7426, attached as Exhibit A. Exhibits A. Proposed Resolution No. 7426 B. Plans C. Photos D. Draft PC Minutes 10/16/2023 E. Public Comment F. PC Staff Report 10/16/2023 References PC Exhibits 10/16/2023 A. Application B. Appeal Narrative C. Survey D. Deck Permit & Plans E. Aerial Photos F. Hardcover Calculations – Staff G. Public Comment H. 1994 Permit I. Property Owners List & Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7426 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-305 & 78-1279 FILE NO.LA23-000058 WHEREAS, on September 20, 2023, Robert “Tripp” Snyder, the property owner (hereinafter the “Applicant”), applied for an after-the-fact variance from the City Code for the property addressed 1513 Bay Ridge Road and legally described as: Tract H and Track K, Registered Land Survey No. 1292, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-305 to allow reconstruction of a deck approximately 8-inches taller than existing with new guard railings, 8.5-feet from the south property line where a 12-foot setback is required; and WHEREAS, the Applicant has made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of a deck approximately 8-inches taller than existing, new guard railings, and a reoriented staircase within the average lakeshore setback; 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 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 after-the-fact variances; and WHEREAS, on November 13, 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 after-the-fact 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. 7426 2 FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. A3. The Property contains 0.89 acres in area and has a defined lot width of 112 feet at the OHWL and at the 75-foot lake setback. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Building Permit RAS23-000034 was issued on July 5, 2023 to reconstruct the deck. A6. During construction the Applicant made modifications to the deck which were a departure from the original deck construction which resulted in expansions to the volume and footprint requiring variances. A7. Applicant has applied for the following after-the-fact variances: a.Average Lakeshore Setback Variance b.Side Yard Setback Variance A8. 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: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The Property includes difficulties in its topography and the orientation of adjacent homes. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. The impact to the side yard setback is minimal. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7426 3 B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to reconstruct a deck on the Property is consistent with the comprehensive plan. B3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a.The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit the deck and stair in the proposed location in the same footprint as the previous deck, within the side yard and average lakeshore setbacks, appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore the existing vegetative screening, and topography. The request is reasonable. b.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The linear nature of the shoreline resulting in neighboring home locations all in a continuous line prevents changes or expansions of the home on the lake side. The new home to the south constructed in 2019 resulted in the Applicant’s home becoming nonconforming where previously just a portion of the deck was situated within the average lakeshore setback. The circumstances are unique to the Property; and c.The variance, if granted, will not alter the essential character of the locality.” The variance is requested in order to permit construction of the lakeside deck in the same footprint, approximately 8-inches higher and a different stair orientation, which will not adversely impact the character of the neighborhood according to the submitted information. B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. B6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7426 4 located.” This condition is not applicable, as a residential deck improvement is an allowed use in the LR-1A District. B7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The home location, the Property’s topography and orientation with respect to the lakeshore and the adjacent homes create difficulties for the Applicant in improving the property consistent with the homes in their neighborhood on the lake side. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The linear shoreline and generally linear placement of neighboring homes applies to the other homes in the immediate neighborhood. The neighboring home to the south is considerably set back from the lake than the Applicant’s home and the home on the north side of the Property resulting in an extreme setback condition. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The Applicant has stated it is 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 requested after-the-fact variance in this unique situation is not contrary to the intent of the zoning chapter. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The Property had an existing deck in the same footprint. The stair configuration is new however does not impact views of the lake for the neighbors. The variances are necessary and does not merely serve as a convenience. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow reconstruction of a deck approximately 8-inches taller than existing with new guard railings, 8.5-feet from the south property line where a 12-foot setback is required; and Zoning Code Section 78-1279 to allow reconstruction of a deck approximately 8-inches taller than existing, new guard railings, and a reoriented staircase within the average lakeshore setback, subject to the following conditions: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7426 5 C1. Council approval is based on the entire record, above Findings. C2. The approved project shall conform to the site plan and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. C3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. C4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by passing the final inspection for building permit RAS23-000034 for the new construction. The final inspection must be successfully passed within one year of the date of Council approval, or the variance will expire on that date (November 13, 2024). C5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13TH day of November, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: ______________________________ , City Clerk PC Exhibit C PC Exhibit C Original Deck Photo submitted by Don Germanson (1501 Bay Ridge Rd) Newly Constructed Deck Photo submitted by Don Germanson (1501 Bay Ridge Rd) MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ PUBLIC HEARINGS 5. LA23-000058 TRIPP SNYDER, 1513 BAY RIDGE ROAD, TWO PUBLIC HEARINGS a) An Appeal of the staff interpretation of Section 78-1279 relating to this request. b) After-the-fact approval of setback variances to address expansions to a nonconforming deck City Planner Curtis explained that in June the property owner submitted a building permit application to rebuild an existing 16’ x 24’ deck, in-kind. During the construction the City’s building inspector noted discrepancies between the previous deck and the deck under construction. The new deck had been elevated from the existing approximately 7-8 inches, so that the deck was even with the door threshold eliminating a step down from the home to increase safety. This small deck height increase within the ALS and side yard setback is considered to be an expansion of the volume of the deck within the setback. The previous deck did not have a guard rail. The newly reconstructed deck requires a guard rail following MN State Building Code Guidelines. The new railings would be an expansion of the existing deck within the ALS. The stair on the north side of the deck was reoriented. The previous stairs were set into the deck at the northeast corner and joined a set of stairs which were set into the grade. Due to the height increase the existing stair configuration would not be able to meet building code requirements. To address this the owner turned the stair 90 degrees toward the lake and widened the treads by 1 foot, 4 inches. A second staircase against the home on the south side of the deck was eliminated and the deck was constructed to abut the home. The owner has filed two separate applications, each requiring a public hearing. The first is an appeal of the staff interpretation of the deck stair within the average lakeshore setback (ALS); and the second is an after-the-fact (ATF) approval of an average lakeshore setback and side yard setback variance for the expansion of a reconstructed deck within the setbacks. Staff recommends the Planning Commission uphold the staff. The owner asserts that 78-1279(6) permits all stairs within the average lakeshore setback. Staff position is that because the stair in question is an integral part of the deck connected to the home, and not a stair to access the lake or a dock, it is not permitted within the average lakeshore setback. Bollis restated the facts of the application for verification. He said the first public hearing would be on the appeal process. Tripp Snyder, 1513 Bay Ridge Road, the applicant, said they have owned the house since 2007. His appeal on the staff’s interpretation is a reading of the code, which he quoted to the Commission. Staff interprets this section as applying only to stairs go down to a dock. He said the code in his opinion excludes deck stairs. Chair Bollis opened the public hearing on the code appeal at 7:41 p.m. p.m. There were no public comments. Chair Bollis closed the public hearing at 7:41 p.m. Bolllis said traditionally in this section of code stairways attached to decks have been park of the principal structure but he tends to agree code was written to exempt stairways from the average lakeshore setback. MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ If that is the case, they need to clarify but have no way of knowing what the original intent was. He said he intends to agree with the applicant. Ressler said he agrees the language needs to be cleaned up but he agrees with the staff interpretation of it. Libby said there have been many situations where they have applied this code and he cannot agree with the applicants. He supports the Commission’s previous decisions which have been upheld by the City Council. He said they have been consistent in advising the City Council on that. Ressler said he was prepared to deny the appeal and move on to the application. Bollis said the language clearly exempts stairways and doesn’t say attached. He said it is poorly written as it exempts all stairways. McCutcheon said precedent has been to treat stairs attached to decks as part of the structure. Curtis said the DNR was responsible for that wording. It is meant to refer to stairs going down to the lake. Libby said he still maintains that they have certain precednets they have to work with the language they have in front of them. Ressler moved, McCutcheon seconded, to deny the appeal portion of LA23-000058 and encourage Staff to draft language to clarify the code according to the Staff interpretation. VOTE: Ayes: 5, Nays 1 (Bollis). The applicant, Tripp Snyder, in speaking of the request for the After-the-Fact variance, said when they purchased the home the old deck was in place with no guardrails, only a bench around the perimeter. Their initial permit application had a different location for the stairs and it would have landed on the pre- existing concrete that the inspector said was not the right size. The landing led to concrete stairs going down to a fire pit. Changing the landing would have meant changing the stairs. They moved the stairs and the new configuration caused the need for a variance. The new stairs are ADA compliant so the safety issues has been mitigated and they come down to a wider landing which is safer than the original, he said. When their neighbor’s house was torn down and rebuilt the average lakeshore setback for his home was changed. Their new stairs are two feet closer to the lake than the old stairs. The increased height of the deck was also a safety issue because there was an 8-inch height differential between the threshold of the door and the step down to the deck. He said now you walk straight out onto the deck without any difference in height which is safer for residents in their 70s. Chair Bollis opened the public hearing on the variances at 7:59 p.m. Don Germanson, 1501 Bay Ridge Rd, the neighbor to the north, said they view this as a grandfather situation, not an average lakeshore setback issue. He said they saw this deck go up and it was higher and where there were three steps there are now eight or nine. This is not grandfathered, which means replace like-kind, he said. Everything should have been built in the existing footprint. They would encourage keeping the new deck within the existing footprint. Chair Bollis closed the public hearing at 8:01 p.m. MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Bollis said after-the-fact variances are always hard and they need to look at it as what they would have approved if it had come before the Planning Commission as a request. There are safety concerns that he thinks would have brought the Commission to the conclusion of approving the variance if it had been requested in the first place. He said they probably would have had more control over where those deck stairs went if they had seen it in advance. He said he had no doubt they would have approved the safety concerns. Snyder said the stairs are built and attached but the deck is not completely finished. He said both decks were 16 X 24 not counting the stairs. Bollis said he did not think the applicant is asking for much. Bollis moved, Schultze seconded, to recommend approval of LA23-000058, 1513 Bay Ridge Road, Variances. VOTE: Ayes: 6, Nays 0. To: Orono Planning Commission From: Don & Twila Germanson, 1501 Bay Ridge Rd Subject: After-the-fact Deck Variance Request Location: 1513 Bay Ridge Rd (permit LA23-000058) Due to the lakeshore angle of all Bay Ridge properties, and we are the northern neighbor, we look right at any activity at #1513. We believe there are multiple potential problems with this deck. 1. History may not have allowed the previous deck 2. Current Average Lakeshore Setback (ALS) may not apply 3. ‘Grandfathered’ deck is not being followed 4. Property history & management 1. History may not have allowed the previous deck. History before/after the current homeowner indicates the deck violating the ALS. Is there a chance the previous deck was built without a permit - we could not find any record of it. We could be talking about a deck that was illegal to begin with. 2002 wwww 2009 2. Current Average Lakeshore Setback (ALS) may not apply Due to the new southerly house, the ALS is far off, which could mean ‘grandfather’ clause could apply. Any variance allowance, makes this worse. 3. ‘Grandfathered’ deck is not being followed We believe the new deck is ‘not in the spirit’ of grandfathering because it is: a. Significantly elevated and more visible. The previous deck was mostly hidden by bushes. b. More stairs - three vs eight, and a landing pad not previously there. c. Stairs not within previous footprint, if grandfathering is maintained. Previous Deck New Deck It seems under ‘Grandfather’ expectations, the approved deck should have been something like the following drawing set at the previous height and stairs. 4. Property history & management 1. Original plan - if stairs directly to the lake were in the submitted plan, the plan should have been rejected. 2. ALS - #1513 is now well beyond the ALS. Any variance allowance makes this worse. 3. Disregard for City/County regulations: It would be a shame to approve a deck variance when property owner has shown a disregard for city/county regulations, including: a. the property owner has had a history of collecting/dumping yard waste on their property as well as the Dakota Trail (HCRRA). b. It is our belief that the property owner has generated dock rental income for many years, however, we have been unable to prove it. Date Application Received: 09/20/2023 Date Application Considered as Complete: 09/21/2023 60-Day Review Period Expires: 11/20/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 16 October 2023 Subject: #LA23-000058, Robert “Tripp” Snyder, 1513 Bay Ridge Road Public Hearings: 1. Appeal of Staff Interpretation of City Code Section 78-1279(6) regarding Average Lakeshore Setback 2. After-the-Fact Average Lakeshore Setback and Side Yard Setback Variances PROCESS This is an application with two separate parts, each requiring separate public hearings and separate motions: 1.) An appeal of staff’s interpretation of the Code; and 2.) ATF Variances for expansion of a deck within the average lakeshore and side yard setbacks. Background In June, the property owner, the owner, submitted a building permit application to rebuild an existing 16’ x 24’ deck, in-kind. The owner included a description of the project on the application as follows: “Repair and renovation of existing deck. Renovated deck will be the same dimensions”. During the construction the City’s building inspector noted discrepancies between the previous deck and the deck under construction, see Exhibits D and E for plans and aerial photos.  During an inspection, the owner informed Inspector Nelson that the new deck had been elevated from the existing, approximately 7-8 inches, so that the deck was even with the door threshold eliminating a step down from the home to increase safety. This small deck height increase within the ALS and side yard setback is considered to be an expansion of the volume of the deck within the setback.  The previous deck did not have a guard rail, rather a low bench-like feature was constructed along the perimeter of the deck. The newly reconstructed deck requires a guard rail following MN State Building Code Guidelines. The new railings would be an expansion of the existing deck within the ALS.  The stair on the north side of the deck was reoriented. The previous stairs were set into the deck at the northeast corner and joined a set of stairs which were set into the grade. Due to the height increase the existing stair configuration would not be able to meet building code requirements. To address this the owner turned the stair 90o toward the lake and widened the treads by 1 foot, 4 inches. The taller stairs and new footprint orientation are an expansion within the ALS.  A second staircase against the home on the south side of the deck was eliminated and the deck was constructed to abut the home. Application Summary: The owner has filed two, separate applications, each requiring a public hearing: • An appeal of the staff interpretation of the deck stair within the average lakeshore setback (ALS); and • After-the-fact (ATF) approval of an average lakeshore setback and side yard setback variance for the expansion of a reconstructed deck within the setbacks. Staff Recommendation: Appeal: Staff recommends the Planning Commission uphold the staff interpretation of Section 78-1279; and ATF Variances: Staff recommends approval of the setback variances. FILE # LA23-000056 16 October 2023 Page 2 of 7 APPEAL APPLICATION ANALYSIS Background During the building permit inspection process, Inspector Nelson noted the construction was a slight departure from the in-kind rebuild. The project was stopped and the owner was notified of the issues. Specifically, at that time the primary issue identified was the change in stair configuration. Due to the deck’s location within the average lakeshore setback, the reconstructed deck should have been an exact replacement. The owner was notified that the deck stair should revert back to the previous location or an after-the-fact variance would be necessary. The increase in height was discovered through the variance review. The owner has submitted an Appeal of the staff interpretation of City Code Section 78-1279 regarding the denial of the building permit for the new deck stair within the average lakeshore setback. The appeal narrative is attached as Exhibit B. The owner asserts that 78-1279(6) permits all stairs within the average lakeshore setback. The specific language is below. Because the stair in question is an integral part of the deck connected to the home, and not a stair to access the lake or a dock, it is not permitted within the average lakeshore setback. The language in 78-1279(6) referring to “stairways, lifts, landings…” is a direct reference to Section 78-1282(b) in the same Code Division (also included below) and has been consistently applied as such. City Code Sec. 78-1279. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of- way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. City Code Sec. 78-1282. Driveways, stairways, lifts and landings. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the Shore Setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. FILE # LA23-000056 16 October 2023 Page 3 of 7 (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1)—(5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. Appeals Procedure Planning Commission should hold a public hearing and make a decision on the owner’s request. The Commission’s decision is binding. The owner may appeal the Commission’s decision to the City Council as indicated below. Sec. 78-99. Appeals procedures. The decisions of the board on requests for variances are advisory and will automatically proceed to the council for review. The decisions of the board on appeals are binding. The applicant or other person or officers of the city affected may appeal a binding decision of the board to the council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city, which fee shall not be refundable. An appeal under this section shall be filed no later than ten days following the decision of the board. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. (a) All decisions made by the city regarding zoning shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Hennepin County. Any person seeking judicial review under this ordinance must serve the city and all necessary parties, including any landowners, within the 30-day period defined above. Staff Recommendation (Appeal) Staff recommends the Planning Commission uphold the staff interpretation of Section 78-1279. The options available to the Planning Commission are: 1. Staff was correct in applying the zoning ordinance; the deck stair may not be located within the average lakeshore setback and would require variance approval to keep them. 2. Staff was incorrect in applying the zoning ordinance; the deck stair is permitted within the average lakeshore setback with the building permit. a. The Commission could suggest that an ordinance amendment is appropriate which would clarify the language in question. FILE # LA23-000056 16 October 2023 Page 4 of 7 VARIANCE APPLICATION ANALYSIS Practical Difficulties Applicant Submittal Information: The owner filed an appeal based on their opinion that the stair is permitted according the Section 78-1279; they provided a narrative justifying their appeal (Exhibit B). No specific practical difficulties analysis was submitted supporting the requested variance. The application should be asked for additional testimony regarding the practical difficulty. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the current orientation of the owner’s home in comparison to the neighboring homes creates a practical difficulty supporting the variances for setback. Additionally, raise the deck to be the same level of the first floor of the home and adding guard railing are supported to increase safety of the deck and follow MN State Building Code guidelines. LOT ANALYSIS WORKSHEET Section 78-305 and 78-1279 – Deck Setbacks: LR-1A Required Existing Proposed Rear – Bay Ridge Rd 50’ +100’ No Change Street – CSAH 15 50’ ±83’ No Change North Side 12’ ±60’ No Change South Side 12’ ±8.5’ No Change Lakeshore 75’ 143’ No Change Average Lakeshore The existing (and proposed) deck is situated approximately 40 feet lakeward of the average lakeshore setback. Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage ±38,500 s.f. (0.89 acre)* Allowed: 7,700 s.f. (20%) Existing: 3,250 s.f. (8%) Proposed: 3,250 s.f. (8%) *The lot area has been adjusted to exclude the paved area of CSAH 15 (Shoreline Drive). Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 38,500 s.f. 9,625 s.f. (25 %) 9,158.4 s.f. (23.7%) 9,158.4 s.f. (23.7%) Applicable Regulations: Side Yard Setback Variance (Section 78-305) The newly constructed deck is approximately 8-inches higher than the previously existing deck. The deck is set back 8.5’ feet from the side lot line where a 12-foot setback is required (per Sec. 78-305(b)(1) side yard setback exception). The increased height of the deck is an expansion within the substandard side yard setback. FILE # LA23-000056 16 October 2023 Page 5 of 7 Average Lakeshore Setback Variance (Section 78-1279) The purpose for the average lakeshore setback requirement is to protect and preserve views of the lake over a subject property from the neighboring homes. Improvements that do not block lake views are generally acceptable; the code permits structural improvements 42-inches or less within the average lakeshore setback. The owner’s deck was nonconforming by approximately 5 feet prior to the construction of the new home to the south at 1525 Bay Ridge Road. The entire deck and an approximate 800 square foot portion of the home on the southeast corner became nonconforming in 2019; see the 2018 and current aerial photos below. A building permit was issued in 1994 for a 7’x 9’ deck. The historical permit record is not clear; however, the 16’ x 24’ deck appears to have existed on the property in the same general footprint and location for over 20 years. There is no permit record of the change in deck footprint from 7’x 9’ to the current 16’x 24’ footprint. Additionally, there are no violation letters in the file relating to unpermitted deck construction/expansion. 2018 photo- Hennepin County Current photo – Hennepin County Based on the survey information, Staff estimates the deck floor to be approximately ±9 feet above grade on the north side and approximately 8 feet above grade on the south side due to the sloped yard. As a result of the orientation of the neighboring homes and their elevated placement above the lake, it is unlikely that the owner’s new deck obstructs the views of the lake currently enjoyed by the neighbors. 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 FILE # LA23-000056 16 October 2023 Page 6 of 7 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 Property includes difficulties in its topography and the orientation of adjacent homes. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variance to construct a deck on the Property is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit the deck and stair in the proposed location in the same footprint as the previous deck, within the average lakeshore setback, appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore the existing vegetative screening, and topography. The request is reasonable. b. There are circumstances unique to the property not created by the landowner; The linear nature of the shoreline resulting in neighboring home locations all in a continuous line prevent changes or expansions of the home on the lake side. The new home to the south constructed in 2019 resulted in the Applicant’s home becoming nonconforming where previously just a portion of the deck was situated within the average lakeshore setback. The circumstances are unique to the Property; and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of the lakeside deck in the same footprint, approximately 8- inches higher and a different stair orientation, which will not adversely impact the character of the neighborhood according to the submitted information. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential deck improvement is an allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home location, the Property’s topography and orientation with respect to the lakeshore and the adjacent homes create difficulties for the Applicant in improving the property consistent with the homes in their neighborhood on the lake side. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The linear shoreline and generally linear placement of neighboring homes applies to the other homes in the immediate neighborhood. The neighboring home to the south is considerably set back from the lake than the Applicant’s home and the home on the north side of the Applicant’s property resulting in an extreme setback condition. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The Applicant has indicated it is necessary for the preservation of the property right of the owners. FILE # LA23-000056 16 October 2023 Page 7 of 7 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 after-the-fact variance in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The Property had an existing deck in the same footprint. The stair configuration is new however does not impact views of the lake for the neighbors. The variances are necessary and does not merely serve as a convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Comments have been submitted from the neighbor to the north; comments are included as Exhibit G. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the after-the-fact variances to permit the minor expansions of the deck as applied. PLANNING COMMISSION REQUIRED ACTIONS: 1. Appeal: a. Open and hold a public hearing for the Appeal of staff interpretation. b. Render a decision on the Appeal: Staff recommends the Planning Commission uphold the staff interpretation of Section 78-1279. 2. Variance: a. Open and hold a public hearing regarding the after-the-fact setback variances. b. Motion to approve or deny the variances as applied: Staff recommends approval of the after-the- fact variance to permit the minor expansions of the deck as applied. List of Exhibits Exhibit A. Application Exhibit B. Appeal Narrative Exhibit C. Survey Exhibit D. Deck Permit & Plans Exhibit E. Aerial Photos Exhibit F. Hardcover Calculations – Staff Exhibit G. Public Comment Exhibit H. 1994 Permit Exhibit I. Property Owners List & Map AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding preliminary plat approval to combine 5 separate PIDs into two buildable lots. 2. MN§15.99 Application Deadline. The application was received on October 24, 2022 and considered to be complete on September 25, 2023. Therefore the 120-Day review period expires on January 23, 2024. 3. Background/ Summary. The owner is requesting preliminary plat approval to combine 5 separate PIDs into two buildable lots. The combined area of the lots is 5.13 acres (223,462 square feet). The properties are located within the RR-1B one-family rural residential zoning district. This application is not a subdivision. Normally this action could be completed as an administrative boundary line adjustment (subdivision exception); however, due to the need to formally change the status of two of the parcels which are currently classified as “outlots”, a plat is required. The property owner intends to maintain their existing residence and improvements on proposed Lot 1. Development of Lot 2 has not been proposed at this time. 4. Project Description. The wooded site includes a small drainage creek which the property owner is planning to reorient slightly. Work began on the drainage creek in the Fall of 2022 without proper City permits. The work was stopped and the owner has been working with City Staff as well as other regulatory jurisdictions (DNR, USACE, and MCWD) to complete the project through permitting. 5. Planning Commission Vote and Comment. On October 16, 2023, the Planning Commission held a public hearing. The majority of the comments received from the public were focused on the grading work in the drainage ditch and the downstream impacts. Following the public hearing, the Planning Commission voted 6 to 0 on a motion for approval of the preliminary plat in accordance with the Staff recommendation. 6. Public Comment. Written comments from the public were received as well as testimony during the public hearing. The comments were focused on the erosion from the unpermitted land alteration activity and downstream sedimentation which resulted from the unprotected ditch. The draft planning commission minutes are attached as well as the submitted written comments, as Exhibits D and E. 7. Request for Materials. The owner has requested assistance in the form of additional rip rap rock Item No.: 22 Date: November 13, 2023 Item Description: #LA22-000059, Thomas Ryan, 2245 Watertown Road Preliminary Plat – Resolution No. 7425 Presenter: Melanie Curtis Planner Agenda Section: Consent AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: material from the City relating to the ditch restoration. His request is attached as Exhibit C. The City Engineer provides the following response: “In the Mr. Ryan’s letter titled “Ditch Restoration”, the applicant insinuates that the erosion suffered by this property was the result of the 2016 Road Project. City staff does not concur with this assertion. The road and associated utilities were reconstructed in the joint project with the City of Long Lake. However, the culvert that connects the ditch-way on both sides of the road was replaced with a pipe of the same diameter and at the same elevations. The stabilization material placed at the outlet was installed to mitigate any erosion for the exposure of those soils during construction. The more likely cause of the erosion damage within the ditch bank on the applicant’s property was the runoff from the record precipitation events in the years following the project. The erosion issues on the property were then exacerbated by unpermitted land alteration activities on the site which exposed soils to erosion.” The City did agree, in principle, to provide some rip rap (large rocks) at the outlet of the culvert, approximately 5 yards of material. City Staff did not agree to provide rip rap for private improvements. 8. Staff Recommendation. Planning Staff recommends approval of the preliminary plat subject to the City Engineer’s requirements. Staff further recommends that the applicant be required to remove the downstream sediment resulting from the recent grading work to the extent possible and obtain the proper permits for the drainage creek reorientation. Erosion control measures should be installed prior to the work and be maintained throughout the duration of the project until vegetation is established. COUNCIL ACTION REQUESTED Move to adopt Resolution No. 7425 attached as Exhibit A, following staff’s recommendation. Exhibits A. Proposed Resolution No. 7425 B. Proposed Plans C. Request for Materials D. PC Minutes 10/16/2023 E. Public Comment F. PC Staff Report 10/16/2023 References PC Exhibits 10/16/2023 A. Application B. Proposed Preliminary Plat Drawing C. MCWD NOD D. Applicant’s Letter E. Drainage Creek Realignment Plan F. Septic Designs G. Public Comment H. Property Owners List & Map NO. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7425 1 A RESOLUTION APPROVING A PRELIMINARY PLAT OF THE PROPERTY ADDRESSED: 2245 WATERTOWN ROAD, INCLUDING PIDS# 34-118-23-33-0056; 03-117-23-22-0001; 03-117-23-22-0002; 03-117-23-22-0022; and 03-117-23-22-0021 FILE NO. LA22-000059 WHEREAS, on October 24, 2022, Thomas J. Ryan (hereinafter the “Developer”), applied for preliminary plat approval pursuant to the City Code for the property addressed 2245 Watertown Road, including PIDs 34-118-23-33-0056, 03-117-23-22-0001, 03-117-23-22-0002, 03-117-23-22-0022, and 03- 117-23-22-0021 legally described as: Attached as Exhibit A (hereinafter the “Property”); WHEREAS, the Developer is the owner of the Property; and WHEREAS, the Developer made an application to create two buildable lots from the Property; 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 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 preliminary plat as applied; and WHEREAS, on November 13, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that on November 13, 2023, the City Council of Orono Minnesota hereby grants preliminary plat approval preliminary plat approval to create a two-lot plat including one new buildable lot, based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property contains 5.13 acres (223,462 square feet) in area. NO. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7425 2 A3. The Property is guided for Rural Density Residential in the 2040 Community Management Plan. A4. Access to the Property is via Watertown Road, a public street. A5. The Property is located in the RR-1B One Family Rural Residential Zoning District. A6. The proposed Lots meet the dimensional standards and setbacks established for the RR-1B district. A7. Suitable septic treatment areas have been identified on both lots which conform to the state septic code. A8. The Property will be platted into two (2) buildable lots. Both lots conform to the size requirements of the City Code. A9. The Developer has provided a grading plan for reorientation of the existing drainage ditch on the Property. Grading plans for the individual lots will be developed and submitted individually with the construction permits for the new homes on each Lot. The grading plans shall manage stormwater on site without negatively impacting adjacent parcels. The Developer shall coordinate with the Minnehaha Creek Watershed District (hereinafter the “MCWD”) and provide confirmation to the City regarding the permits or approvals they will require for this development. A10. In considering this application for preliminary plat, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed plat upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CONCLUSIONS, ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants Preliminary Plat Approval for the Property creating two buildable lots, as depicted on the preliminary plat drawing dated July 7, 2023 prepared by Gronberg and Associates, Inc., attached as Exhibit B, subject to the following conditions: B1. Council approval is based on the entire record, above Findings. B2. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. NO. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7425 3 B3. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. B4. The Developer shall obtain the required permits for the proposed grading work. Additionally, the downstream sedimentation and erosion caused by the Developer’s unpermitted grading activity shall be removed and restored. The Developer shall obtain permission from any affected landowner where removal and restoration is to take place. B5. Approval is subject to MCWD approval and permits as required. Final Plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. B6. Approval is subject to the recommendations of the City Engineer and any forthcoming comments as may be warranted a.All required Drainage and Utility Easements must be provided on the Plat. B7. Permits Required. a.Grading and Right-of-Way permits are required prior to construction of the new driveway serving Lot 2. b. Grading permits for the ditch realignment. c.MCWD Erosion Control and Stormwater Management permits, if applicable. B8. Prior to commencement of any construction, the construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. B9. 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. B10. Easements Required. a.Drainage and Utility Easements shall be dedicated to the public on the Final Plat as follows: i.10' along all exterior property lines, and 5' either side of interior property lines, except such easements shall be increased to accommodate drainage and utilities where required, subject to City staff approval. ii.Over all pipes, swales, and ditches providing a drainage path for multiple properties. b.A Drainage Easement shall be granted over all wetlands, creeks, and buffers on the Property. NO. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7425 4 B11. Upon evidence of resettlement history, the Developer shall cease all activity and contact the City and the State Historical Preservation Office prior to proceeding. B12. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions prior to final plat approval, to ensure that the proposed plat will accomplish the intended purposes: a.Final grading, drainage and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. Final Plat Approval will not be granted until the MCWD has approved the stormwater management plans. b.Final stormwater management plan, if applicable. c.Final stormwater pollution prevention plan (SWPPP), if applicable. d.Sufficient detail to meet the recommendations of the City Engineer. e.No land alterations can take place until erosion control is established and the City is in receipt of a final grading. f.No improvements can begin until the City Engineer has approved all improvement plans. g.No improvements can begin until 24 hours after the Plat has been recorded with Hennepin County. B13. Council approval is based on the entire record, above Findings. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. B14. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date (November 13, 2024). If Final Plat approval is not granted by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend the effective period of the preliminary plat. FINAL SUBMITTALS: Developer shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the Planning Department at least four (4) weeks prior to the regularly scheduled Council meeting held on the second and fourth Mondays of the month. These submittals are as follows: C1. Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A scalable digital copy is also required. Drawing to include: NO. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7425 5 a.Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates, Inc., dated July 7, 2023 attached hereto as Exhibit A, except as modified herein. b.Dedication of "Drainage and Utility Easements" 10' wide along exterior property lines and 5' wide along the interior property lines. c.Dedication of “Drainage Easements” over the wetlands and drainageways and all pipes, swales, and ditches providing a drainage path for multiple properties. d.Name of plat. C2. Legal documents required: a.Title opinion addressed to the City or a title insurance policy in favor of the City issued no more than 60-days prior to the date of Final Plat approval. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The Developer must provide certified copies of all recorded easements currently affecting the Property. C3. Financial Guarantee. The Developer shall submit a final plat review escrow in the amount of $2,500.00 with the Final Plat application. C4. Plat approval fees to be paid: Total due: $550.00 a.Final plat fee: $500.00. b.Park Dedication Fee: $0 c.Stormwater and Drainage Trunk Fee: $0. C5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. NO. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7425 6 ADOPTED by the Orono City Council on this 13th day of November, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: ______________________________, , City Clerk Exhibit A Parcel 1: That part of the Southwest Quarter of Section 34, Township 118, Range 23 described as follows: Commencing at a point on the South line of said Section, 955.35 feet West of the Southeast corner of said Southwest Quarter; thence North 45 3/4 degrees West 425.7 feet to a point in the center line of the Minneapolis and Watertown Road which is distant 1327.7 feet Southwesterly measured along said center line from a point on the East line of said Southwest Quarter which is 759 feet North of the Southeast corner of said Southwest Quarter; thence Southwesterly along the center line of said road, 920.2 feet more or less to the South line of Section 34; thence East along said South line of Section, 1167.4 feet more or less to point of beginning; except that part thereof lying Westerly of the following described line: Beginning at a point on the South line of said Southwest Quarter, 885 feet East of the Southwest corner thereof; thence Northwesterly at an angle of 72 degrees 09 minutes from said line to the centerline of said Minneapolis-Watertown Road and there ending. Parcel 2: That part of the North 1/2 of the Northwest quarter of Section 3, Township 117, Range 23 described as follows: Commencing at a point in the North line of said Section, 913.6 feet East of the Northwest corner of said Section; thence Southeasterly 64 feet more or less to a point on the West line of the East 35 acres of the North 55 acres of the Northwest Quarter of said Section 3 which is 34.9 feet South of the Northwest corner of said East 35 acres of the North 55 acres; thence North along said West line of East 35 acres of North 55 acres 4.9 feet; thence Northeasterly 484.8 feet more or less to the Northeast corner of the West 10 acres of the East 35 acres of the North 55 acres of said Northwest Quarter of Section 3; thence West along the North line of said Section, 536.65 feet more or less to the point of beginning. Parcel 3: All that part of the Northwest Quarter of Section 3, Township 117, Range 23 described as beginning at a point on the North line of said Northwest Quarter distant 885 feet East of the Northwest corner thereof; thence East along said North line 28.6 feet; thence Southeasterly to a point on the West line of the East 35 acres of the North 55 acres of said Northwest Quarter, said point being 34.9 feet South of the Northwest corner of said East 35 acres; thence North along said West line of said East 35 acres a distance of 4.9 feet; thence Northeasterly to the Northeast corner of the West 10 acres of the East 35 acres of the North 55 acres of said Northwest Quarter; thence South along the East line of said West 10 acres a distance of 80 feet; thence West parallel with the North line of said Northwest Quarter to a line drawn through the point of beginning at a Southeasterly angle of 72 degrees 09 minutes from said North line of said Northwest Quarter; thence Northwesterly to the point of beginning. Parcel 4: That part of the following described property: That port of the Southwest quarter of Section 34, Township 118, Range 23 described as follows: Commencing at a point on the South line of said Section, 955.35 feet West of the Southeast corner of said Southwest Quarter; thence North 45 3/4 degrees West 425.7 feet to a point in the center line of the Minneapolis and Watertown Road which is distant 1327.7 feet Southwesterly measured along said center line from a point on the East line of said Southwest Quarter which is 759 feet North of the Southeast corner of said Southwest Quarter; thence Southwesterly along the center line of said road 920.2 feet more or less to the South line of said Section 34; thence East along said South line of Section, 1167.4 feet more or less to point of beginning; lying Easterly of the following described line: Beginning at a point on the South line of said Southwest Quarter 864.6 feet East of the Southwest corner thereof; thence Northwesterly at an angle of 60 degrees to said South line to the centerline of said Minneapolis-Watertown Rood and there ending; and lying Westerly of the following described line; Beginning at a point on the South line of said Southwest Quarter, 885 feet East of the Southwest corner thereof; thence Northwesterly at an angle of 72 degrees 09 minutes from said South line to the centerline of said Minneapolis- Watertown Road and there ending. Parcel 5: That part of Outlot A, The Nursery, embraced within Lot 3, Block 1, Kelley & Kelley Division. Parcel 6: That part of Outlot A, The Nursery, embraced within Lot 2, Block 1, Kelley & Kelley Division. Parcel 7: Outlot B, The Nursery According to Certificate of Title 777617, Hennepin County, Minnesota 2245 Watertown Rd Long Lake, MN 55356 Ditch Restoration I have resided at the aforementioned address for over 30 years. During this time, a drainage ditch has consistently run through my property. It flows briefly after storm events but remains dry for most of the year since I acquired the home. The channel has always maintained a fairly level and stable condition, with vegetated side slopes. In 2017, the cities of Long Lake and Orono initiated an "improvement" project for Watertown Road and the surrounding streets. This project included the installation of curbs and gutters and a rerouting of the neighborhood's runoff from north Watertown Road directly into the drainage ditch on my property through an upgraded culvert. Additionally, erosion fabric was placed from the new culvert to approximately 20 feet downstream in the existing ditch. However, these road enhancements led to a higher volume of stormwater runoff being directed to the culvert. This, in turn, resulted in severe erosion extending well beyond the 20-foot area that was fortified. The side slopes lost their vegetation, the channel bottom became unstable, and it started eroding backward toward the culvert. Despite my numerous unsuccessful attempts to elicit a response from the city, I eventually reached out to the Mayor, who conducted a site visit with other city employees. He remarked that it was the most severe erosion he had ever seen and committed the city to participate in the restoration efforts. We reached an agreement in which I, as the homeowner, would oversee the site work, including labor and equipment, and provide the necessary fabric, while the city would supply the riprap. To ensure the proper execution of this project, the city required me to obtain the necessary permits. This involved a property survey, which has been successfully completed by Gronberg and Associates. Furthermore, a wetland delineation was conducted in collaboration with The Corps of Engineers, Minnehaha Creek Watershed District, and Kjolhaug Environmental Services. All of these assessments concluded that there are no wetlands on the property and unanimously attributed the erosion to the rerouting of runoff resulting from the 2017 road construction. The Ditch Restoration proposal by Gronberg and Associates will effectively manage runoff and prevent future erosion. The proposal aims to slow the flow of storm events through the channel and prevent future erosion and backward erosion. The plan also rectifies an unstable eroding cutbank of nearly 90 degrees. I have personally covered all associated costs and will continue to fund the restoration. The City of Orono has agreed to provide the riprap. None of these efforts would have been necessary if they had not redirected the runoff directly onto my property. The estimate from Gronberg and Associates indicates a need for approximately 200 cubic yards of riprap. Sincerely, Tom Ryan Tom Ryan 2245 Watertown Rd Long Lake, MN 55356 Ditch restora�on es�mate. Riprap I spoke with Mark Gronberg, his es�mate is 200 CY based on 210 foot long ditch, by 5 feet across the botom and 3 feet sloop on each side. Include in that es�mate are 2 check dams @ 10 CY each. Depth of 2’ along the botom, 1 foot depth on the sides. Check Dams 2@10 CY = 20CY Botom/ Sides 180 CY Total 200 CY Excava�on work to be covered by homeowner Fabric cost covered by homeowner If we need to bring in addi�onal fill will be covered by homeowner. MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ PUBLIC HEARINGS 1. LA22-000059 TOM RYAN, 2245 WATERTOWN ROAD, REQUESTS PRELIMINARY PLAT APPROVAL TO CREATE ONE ADDITIONAL BUILDING SITE City Planner Curtis said the property owner is requesting preliminary plat approval to combine five separate PIDs into two buildable lots. The combined area of the property is 5.13 acres located within the RR-1B one-family rural residential zoning district. This application is not a subdivision. Rather, it should be viewed as a more formal boundary line adjustment (subdivision exception) due to the need to formally re-plat two of the parcels which are currently classified as “outlots”, she said. The wooded site includes a small drainage creek which the property owner is planning to reorient slightly. Work began on the drainage creek in the Fall of 2022 without proper City permits. The work was stopped, and the applicant has been working with Staff to complete the project through permitting. The property is not located within the Metropolitan Urban Service Area (MUSA); the properties will be served by private onsite septic systems. The applicant proposes to retain the existing home on lot 1. Development of lot two is not proposed at this time. The application results in two conforming lots. The City’s Engineer has reviewed the plans for the preliminary plat and the applicant’s request for City resources regarding the ditch. There were no substantive comments regarding the plat. The City received two comments on this project. The comments were focused on the erosion from the unpermitted land alteration and downstream sedimentation which resulted from the unprotected ditch. Staff supports the approval of the preliminary plat subject to the City Engineer’s requirements. Staff further recommends that the applicant be required to remove the downstream sediment and obtain the proper permits for the drainage creek reorientation. Erosion control measures should be installed prior to the work and be maintained throughout the duration of the project until vegetation is established. Tom Ryan, 2245 Watertown Road, the applicant, said he thought they had approval to start the preliminary work on the ditch. He stated the erosion was caused by the roadwork done previously on Watertown Road. The addition of curb and gutter resulted in more water flow at that area, he said, adding he has been there 33 years. He has worked with the Corps of Engineers and the Watershed District to come up with a plan to mitigate the erosion. Chair Bollis opened the public hearing at 6:07 p.m. Tom Major, 2200 Devin Lane, said he is the property owner to the south of this property so the ditch flows into his property. They have been there 37 years and had no problem until two to four years ago. Sand has raised the bottom of the ditch a foot or more. He asked if downstream effects of the project have been looked at. He said there is also a flood plain below that next to another property. The ditch is along the property line between the two houses. Heidi Hust, 2225 Devin Lane, said they have been in the house almost 20 years and the road project up on the corner was a huge disaster. The silt came down and destroyed everything, she said, adding she is a professional gardener and used to take her Girl Scouts down that area and the marsh has changed so much and a delta has formed. They have lost a half a dozen trees due to standing water. It is a deep ditch and has spread out everywhere. More than grass is needed on the side. The DNR should have a list of plants that will stop the erosion. Crawdads and other creatures are gone because of the silt. MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Chair Bollis closed the public hearing at 6:13 p.m. Ressler asked if the DNR is in control of the ditch. Curtis said the area is not identified as protected so it is a City action and a grading permit is required. Staff does recommend that the applicant remove any material caused by the work done last fall. McCutcheon said it seems that when there are big road projects there can be adverse reactions and this seems like one of those situations. He said the residents were looking for more information and asked if details could be posted for the public. Curtis said that is done with road projects but this is a private improvement. The City would not be responsible, but would make sure erosion control measurers were not removed until the plan is executed and vegetation installed. Bollis pointed out the application has the review of the City Engineer and several other agencies. Ressler noted the applicant has submitted a plan that includes everything that staff is recommending. It would be better to leave this in the hands of the engineers, he said. Libby said he is in support of the staff recommendations but is grateful for the extra information supplied by the applicant and the neighbors. He said the Planning Commission does not have the engineering expertise but that this will be reviewed by the experts. There is significant expertise involved in this. Tom Major said the Commission has been mainly talking about the project. He questioned what would happen downstream. He asked who is responsible for maintaining the ditch. Curtis said staff is recommending any sediment that is a result of the work last fall is the responsibility of the applicant to remove with permission of the adjacent property owners to enter their property. She said all of the sediment is not the responsibility of the applicant. She said the ditch is the responsibility of the property owners unless it has a public easement. Ressler moved, Schultze seconded, to recommend approval of LA22-000059, 2245 Watertown Road Preliminary Plat with the conditions recommended by staff including removal of sediment and proper permitting and erosion control measures. VOTE: Ayes: 6, Nays 0. From:Tom Major To:Melanie Curtis Cc:Susan Major Subject:Prelim Plat Approval LA22-000059 Date:Monday, October 9, 2023 10:53:17 AM Hi Melanie, As discussed over the phone today, we are the homeowners for 37 years at 2200 Devin Lane, Orono. Our property is adjacent to the south of the proposed platted property. The drainage ditch flowing across the proposed platted property flows into/across our property for most of its southernly direction. Several years ago we began to notice sandy erosion depositing on the ditch bed along the length of our property. Previous to these last few years there was no sand in the banks nor bottom of the ditch on our property. It could only come from north of our property. The sandy erosion has added 12+ inches to the bottom level of the ditch. We notified the City of Orono who inspected and verified our concern. We have not heard anything since. With the proposed plat approval we are concerned about the following: 1. During construction, erosion control in the event of storms. If not, a significant amount of loose sand will flow and settle downstream. 2. Construction design of erosion control providing for water level increases of several feet during heavy storms. 3. Additional erosion control protection on east bank of ditch as flow is redirected towards the south. 4. Removal of existing sand eroded and deposited downstream from proposed platted property. Thanks for your consideration of these issues. Thomas & Susan Major 2200 Devin Lane Orono, MN 55356 612-839-4427 Sent from Mail for Windows From:HEIDI HUST To:Melanie Curtis Cc:Tom Major; heidihust@msn.com Subject:Prelim Plat Approval LA22-000059 Date:Monday, October 16, 2023 11:01:29 AM Tom Major brought this to my attention. I plan to attend the meeting October 16. We live downstream from the Ryan property and have watched our beautiful marsh area with abundant wildlife be destroyed. The watershed area affected by the "ditch" is significant. The Krogness Marsh has provided a buffer to clean the water before it enters Lake Minnetonka. During the Watertown road project about 15 years ago the construction failed to protect the drainage. Vast amounts of silt flowed down this creek. I contacted the City of Long Lake and Orono the LMCD and Watershed. They all said, "not my problem". The Long Lake housing construction upstream filled in wetlands and pushed more water into the "ditch". During the road repairs and stream restoration Long Lake completely disregarded what was happening in the "ditch" across the street in Orono. The "ditch" on Ryan property suffered significant erosion. Since then, all the trees and vegetation that protected the ditch have been removed. This "ditch" is a ticking time bomb. As for our marsh, the silt clogged the stream that existed through the marsh. The delta created, forced water to flood the marsh. The old growth trees are now often in standing water and many are dead. We no longer have nesting wood ducks and mallards and pheasants. This has affected the marsh all the way to the luce line. Long Lake met minimum standards and it failed to preserve downstream, especially during construction. It destroyed the stream on the Ryan property. Watershed and DNR should be consulted as far as streamside management and a plan should be put in place for erosion control long term and short term using vegetation and structures. Straightening the stream allows for more powerful flow of water which can lead to significant erosion. Simply planting grass is not enough to protect the bank in a water event. This proposal divides responsibility for the stream management again. Before being approved this drainage must be addressed properly instead of sending the problem downstream. Heidi Hust Heidi Rosekrans Hust/Rosie's Gardens 2225 Devin Lane Orono, MN 55356 home: 952.476.6911 cell: 612.590.4008 Date Application Received: 10/24/2022 Date Application Considered as Complete: 09/25/2023 120-Day Review Period Expires: 01/23/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 16 October 2023 Subject: #LA22-000059, Thomas Ryan, 2245 Watertown Road Preliminary Plat Public Hearing BACKGROUND The property owner is requesting preliminary plat approval to combine 5 separate PIDs into two buildable lots. The combined area of the property is 5.13 acres (223,462 square feet) located within the RR-1B one-family rural residential zoning district. This application is not a subdivision. Rather, it should be viewed as a more formal boundary line adjustment (subdivision exception) due to the need to formally re-plat two of the parcels which are currently classified as “outlots”. According to City Code, an Outlot is defined as “a lot depicted on a final plat which intended for open space preservation, access, future development or other use”. Further, City Code Section 82-254 states that outlots “are not intended for development except for the purpose in which they are created, which may include streets, stormwater management, monument signs, etc.…”. The wooded site includes a small drainage creek which the property owner is planning to reorient slightly. Work began on the drainage creek in the Fall of 2022 without proper City permits. The work was stopped and the applicant has been working with Staff to complete the project through permitting. Application Summary: The applicant is requesting approval of a plat to combine 5 existing parcels into 2 lots. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA22-000059 16 Oct 2023 Page 2 of 3 The property owner intends to maintain their existing residence and improvements on proposed Lot 1. Development of Lot 2 has not been proposed at this time. PRELIMINARY PLAT REVIEW General Site Characteristics This site is within the rural residential area on the edge of the Orono boundary with Long Lake on the north and wooded rural properties on the south. Currently, the property has a single-family home and 3 accessory buildings and an in-ground swimming pool. Note, the plat includes a dedication of 33-feet of right-of-way to Hennepin County for Watertown Road, shown in yellow on the map on page 1. Conformity with RR-1B Zoning District Standards The property is zoned RR-1B One Family Rural Residential (requiring a minimum lot size of 2.0 acres). The drainage creek on the property is located within a required yard area, it is not a DNR protected tributary, and does not impact available buildable areas of either lot. The property is not located within the Metropolitan Urban Service Area (MUSA); the properties will be served by private onsite septic systems. The existing home on the property is located within required 50-foot front yard setback and is nonconforming with respect to the setback. The other accessory buildings and structures are located in conforming areas. Utilities The properties are proposed to be served by private onsite septic systems and private water supply wells. The applicant has provided septic system designs for each lot meeting the minimum standards. A full review of the septic system designs will be conducted at the time of building permit. Drainage and Utility Easements The City requires standard perimeter drainage and utility easements around all property boundaries on the Plat. The Commission should consider a drainage easement over the drainage creek. The easements are not shown on the proposed preliminary plat drawing; the Final Plat must meet the City’s standards. Additionally, in the future, Drainage and Utility Easements should be required over any stormwater facilities that are required by the Minnehaha Creek Watershed District. City Engineer Comments The City’s Engineer has reviewed the plans for the preliminary plat and the applicant’s request for city resources. There were no substantive comments regarding the plat; however, the following should be referenced by the City EXISTING LOT AREA Total Property: ±4.66 acres excluding the road (±5.13 acres total) - 2245 Watertown Road (house lot) ±2.86 acres - Watertown Road right-of-way (33’) ±0.47 acre - PID 03-117-23-22-0001 ±0.17 acre - PID 03-117-23-22-0002 ±0.85 acre - PID 03-117-23-22-0022 (Outlot B) ±0.1 acre - PID 03-117-23-22-0021 (Outlot A) ±0.69 acre PROPOSED LOT AREA Lot 1 (2245 Watertown Road) - Red ±2.31 acres Lot 2 - Blue ±2.35 acres FILE #LA22-000059 16 Oct 2023 Page 3 of 3 Council regarding the applicant’s request for materials. In the applicant’s letter titled “Ditch Restoration” (Exhibit E), the applicant insinuates that the erosion suffered by this property was the result of the 2016 Road Project. City staff does not concur with this assertion. The road and associated utilities were reconstructed in the joint project with the City of Long Lake. However, the culvert that connects the ditch-way on both sides of the road was replaced with a pipe of the same diameter and at the same elevations. The stabilization material placed at the outlet was installed to mitigate any erosion for the exposure of those soils during construction. The more likely cause of the erosion damage within the ditch bank on the applicant’s property was the runoff from the record precipitation events in the years following the project. The erosion issues on the property were then exacerbated by unpermitted land alteration activities on the site which exposed soils to erosion. The City did agree, in principle, to provide some rip rap (large rocks) at the outlet of the culvert. City Staff did not agree to provide rip rap for private improvements. Public Comments The City received comment on this project; comments from the public are included as Exhibit H. The comments were focused on the erosion from the unpermitted land alteration activity and downstream sedimentation which resulted from the unprotected ditch. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to develop the property in a reasonable manner? 2. Does the Planning Commission find that the subdivision, if approved, will not alter the essential character of the neighborhood? 3. Planning Commission should review the Conservation Design Report and provide recommendations. 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff supports the approval of the preliminary plat subject to the City Engineer’s requirements. Staff further recommends that the applicant remove the downstream sediment and obtain the proper permits for the drainage creek reorientation. Erosion control measures should be installed prior to the work and be maintained throughout the duration of the project until vegetation is established. The Planning Commission should recommend approval of the preliminary plat as presented, with appropriate conditions identified above. List of Exhibits Exhibit A. Application Exhibit B. Proposed Preliminary Plat Drawing Exhibit C. MCWD NOD Exhibit D. Applicant’s Letter Exhibit E. Drainage Creek Realignment Plan Exhibit F. Septic Designs Exhibit G. Public Comment Exhibit H. Property Owners List & Map AGENDA ITEM Prepared By: Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is to accept Ron Olson’s Resignation, to inform the council of plans to recruit the next Finance Director for the City of Orono. 2. Background. The Finance Director position is a critical position within the city staff. In Orono the position not only oversees the statutory roles of City Treasurer but also leads and manages the Finance activities, Information Technology activities and the Human Resources Activities for the city. 3. Resignation. Ron Olson has indicated his intent to resign with his last day as full-time employee being December 15th. Ron has tentatively agreed to continue on in a part time capacity to facilitate a transition with the new director. Ron has been an excellent Finance Director and valued member of staff for over 26 years. 4. Position Description and Scoring. The updated Finance Director position description is attached at Exhibit B. The description had not been updated since 2016. Based on he updated job description the position was rescored as follows. Current Proposed Metro Salary Survey Grade (Score Range) 16 (648-843) 17 (844-970) Average High: $111,006 Position Score 745 837 Average Low: $139,783 2023 Pay Range $103,263 to $127,804 $109,872 to $135,984 5. Recruitment. The selection process for the vacant position will involve advertising the position, application screening, interview panels and reference checking. Upon completion of the process a candidate will be presented to the council for consideration for appointment. 6. Timeline. The timeline for the process is as follows: When What 13-24 Nov 23 Advertise Position and Review Applications 28 Nov-8 Dec 23 Interviews (2 Rounds) Negotiation, Reference Checks and Background Investigation 11 Dec 23 Council Approval/Appointment NLT 29 Dec 23 New Employees First Day 7. Staff Recommendation. I recommend acceptance of Ron’s resignation from Full time employment with city with continued part time employment through a transition period and the initiation of the recruitment process for the City Clerk Position. I further recommend the council approve the updated job description and assign the position to grade 17 in the city’s compensation table. COUNCIL ACTION REQUESTED Move to accept the resignation Ron Olson resignation from full time employment with city effective 15 December 2023 with continued part time employment through a transition period; approval of the job description at exhibit B with pay grade 17; and the initiation of the recruitment process for the Position. Exhibits A. Letter of Resignation (to be provided) B. Position Description Item No.: 23 Date: November 13, 2023 Item Description: Finance Director Resignation and Recruitment Presenter: Adam T. Edwards City Administrator/City Engineer Agenda Section: Consent The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Finance Director Document Date: November 13, 2023 Department: Finance Accountable to: City Administrator FLSA Status: Exempt Nature of Work Serves as Chief Financial Officer of the City and is directly responsible for the following functions: Finance, Purchasing, Human Resources, Information Technology, and Risk Management. Provides strategic leadership for all aspects of budget preparation and reporting, financial planning, and debt management. Contributes to excellent organizational performance and customer service, and serves as a key member of the management team. Supervision Received and Exercised This position reports to the City Administrator and supervises the work of the Finance Department staff. 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. • Provides the overall administration and management direction for the daily financial affairs of the City. • Oversees, designs, and manages systems for bill payment, receipt and deposit of monies, cash flow management, utility billing, payroll, fixed assets, special assessments, and selection of City’s banking services. • Manages the preparation of the annual budget and Capital Improvement Plan for the City. • Oversees the preparation of the City’s comprehensive annual financial report, ensuring the report is prepared in accordance with the requirements of the GFOA’s Certificate of Achievement for Excellence in Financial Reporting Program. • Manages the City’s relationship with its external auditors. • Provides for the investment of all City funds. The City of Orono is an Equal Opportunity Employer • Provides for and administers the City’s debt. • Provides financial support, and knowledge, to other members of the City management team. • Provides support to the City Council as part of the staff management team. • Manages all aspects of the Finance Department, including personnel, the budget, department quality and accuracy, public relations, continuing education, provision of information, safety, and records management. • Manages the Information Technology function including the City’s network and data communications infrastructure, the development of new technologies for all City functions, and the management and security all data maintained by the City. • Manages the purchasing function for the City, ensuring that all purchases are done in accordance with the current administrative policies. • Manages the Human Resources function of the City. Responsible for basic Human Resource functions including FMLA administration, updating employment forms to ensure accuracy and legal compliance, tracking required training, filing Workers’ Compensation claims and complying with mandatory posting requirements. • Administers required financial reporting for the City to outside agencies as required. Required Knowledge, Skills and Abilities Knowledge: • Economics and Accounting — Knowledge of economic and accounting principles and practices, the financial markets, banking and the analysis and reporting of financial data. • 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. • Mathematics — Knowledge of arithmetic, algebra, statistics, and their applications. • English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. • Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. Skills: • Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. • Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. • Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. • Management of Financial Resources — Determine how money will be spent to get the work done, and accounting for these expenditures. • Reading Comprehension — Understand written sentences and paragraphs in work related documents. • Speaking — Talk to others to convey information effectively in large and small group settings. Abilities: • Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. The City of Orono is an Equal Opportunity Employer • Inductive Reasoning — Able to combine pieces of information to form general rules or conclusions (includes finding a relationship among seemingly unrelated events). • 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. Minimum Requirements • Bachelor’s degree in finance, accounting, economics or related field. • Five (5) years of progressively responsible professional experience in accounting, at least three (3) years of which are municipal-related. Desirable Qualifications • Master Degree in Public Administration or related field • Certified Public Accountant (CPA) or Certified Public Finance Officer (CPFO). Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 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 23rd 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 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 application involves variances allowing 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. Additionally required is a CUP to address the floodplain rescue bench requirements. Refer to the October 16th Planning Commission and October 23rd Council packets for more detail on the application. 4. Council Direction and Update. The Council reviewed this application on October 23rd and voted to direct staff to draft a resolution consistent with the Staff recommendation for approval of the project with the exception of the 14-foot upward expansion of the porch along the channel. The applicant has provided updated plans reflecting supportable porch roofline. Upon revising their plan, the applicant noted that their updated “proposed” plans and survey did not accurately reflect their project. Specifically, the following discrepancies were noted: • The proposed lakeside deck footprint should have been equal to the existing deck footprint of 14’ x 8’; • An 18’ x 18’ portion of the existing lakeside patio should have been recaptured; and • One of the two existing egress stairs from the porch should have been shown on the proposed plan. The corrections/changes result in a slight increase in proposed hardcover from 24.6% to 25%. 5. Public Comment. No comments from the public have been received. 6. Staff Recommendation. Planning Staff recommends approval of the project with Item No.: 24 Date: November 13, 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 Planner Agenda Section: Community Development AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: corrections/changes shown on the attached plans. The applicant has addressed Staff’s concern about the porch roof massing with the revised plan. The total increase in the roof height from the existing porch to the new shed roof, at its tallest point, is 8.5 feet, an improvement of 5.5 feet. The overall hardcover of the project will still be conforming at 25% including the deck, porch stair, and patio changes. Staff prepared a resolution for approval of the project as directed with the inclusion of the above-noted plan changes/corrections. COUNCIL ACTION REQUESTED Approve Resolution 7417 as drafted. Exhibits A. Proposed Resolution No. 7417 B. Updated Proposed Plans & Annotated Survey C. Council Memo 10/23/2023 References Council Exhibits 10/23/2023 PC Exhibits 10/16/2023 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 1 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 4,587 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 2 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 and directed staff to draft a resolution reflecting their decision to approve the project as applied with the exception of the increased roof height shown on the proposed porch along the channel; and WHEREAS, on November 6, 2023, the Applicant provided revised plans with a new porch roofline for consideration; and WHEREAS, on November 13, 2023 the City Council reviewed the revised application and the recommendations of staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based the revised plans and on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1B, 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 3 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. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 4 B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. B6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a single-family home is an allowed use in the LR-1B District. B7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 5 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: 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 6 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 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 7 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; • 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 4,587 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, revised on 10/05/2023 by Otto and Associates and annotated by the Applicant on November 6, 2023 and the 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, the ability to screen the home from the channel shall be planted. The trees shall be shown on the plans submitted for permit and will be required to be in place prior to release of building permit escrow. 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 Applicant, 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 (November 13, 2024). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 8 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. ADOPTED by the Orono City Council on this 13th day of November, 2023. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: ______________________________, , City Clerk CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 9 ______________________________ ________________________________ Erik S. Winegarden, Property Owner Marissa K. Winegarden, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN 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. 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""?)A1BC12"4:"5@""DD #S%01D"8OPQ"T"8N"URV@4WEFG#HG?I"J"?)29$=*L=L#EM"J"?)29$EFG#HG?I"J"#).9$=*L=L#EM"J"#).9$@NJR"@OPQ NJP"@OPQ8RNJ!OPQ8RNJ!OPQ=1%X")Y"=2)<)31&"8RO8"J" 5Z!N=1%X")Y"=2)<)31&"8RO8"J" 5Z!NEV/39/>["=1%X" !4Z8NEV/39/>["=1%X" !4Z8N!NJ85"@OPQEV/39/>["\)(12"\1A10#0%C" @5Z@RNEV/39/>["\)(12"\1A10#0%C" @5Z@RN@NJ8"OPQ@NJ8"OPQ=1%X")Y"=2)<)31&"85O8"*))Y"J" 4!ZP N=2)<)31&"I%2%[1"]0))2"T" R8Z5N=2)<)31&"\)(12"\1A10"#0%C"T" @@Z!N=2)<)31&"\)(12"\1A10"#0%C"T" @@Z!N ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioCOVER ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioCOVER 2 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioFOUNDATION PLANScale: 1/4" = 1' (24x36) A0 1'-8" 8" 6" 8'-6 7/8"21'-3 3/4"2'-0"11'-4"1'-0"17'-4"1'-0"4'-4"1'-0"5'-8 1/2"1'-10 5/8"2 1/2"29'-10 5/8"38'-0"36'-6 1/2"4'-3/4"36'-5/8"24'-11 1/2"8"60'-10 3/4" 85'-10 1/4" 34'-11 1/4"8'-5 1/4"29'-2 5/8"27'-1 1/2"2'-1 1/8"5'-10 1/4"6'-1"9'-2 3/4"9'-2 3/4"6'-1"5'-10 1/4"2'-3 7/8"8'-5 1/4"6'-5 5/8"2'-5"9'-4 3/4"11'-0"9'-4 3/4"3'-2 7/8"8"1'-6"2'-0"5'-6"1'-0" 2'-0"5'-6"1'-0" 10 3/4"10 3/4" 5'-5 7/8" 13'-5 1/2"4'-3" 2'-6 1/2" 4'-3"10'-6 1/2"26'-5" 24'-6"1'-8 3/4"60'-10 3/4" 5 1/2"5 1/2"1'-4"1'-4"1'-8"1'-8"1'-8"1'-8" 1'-8"6"6"10'-3 1/2"5'-3"5'-1/2"1'-4"1'-4" 1'-4" 13'-7"14'-5" 2 1/4"1 1/4"5 1/2"8"3 1/2" 8" 6'-9 1/4"6'-9 1/4" ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioLOWER LEVELScale: 1/4" = 1' (24x36) LOWER LEVEL 2432 Ft² BED 1 12'-5"X14'-6" CLOSET 3'-9"X8'-1"CLOSET12'-4"X2'-1"BED 2 12'-8"X12'-5" WELL ROOM MECHANICAL 14'-2"X10'-6"BATHROOM5'-7"X12'-5"FAMILY/ENTERTAINMENT ROOM 34'-5"X14'-6" BED 3 12'-4 1/2"X10'-0" CLOSET 7'-10"X4'-2"CLOSET 6'-5"X2'-2" BED 4 12'-0"X11'-0" BED 5 11'-1"X13'-5" CLOSET 7'-4"X4'-3" HALL 15'-10"X4'-3" HALL 24'-1"X3'-4" LAUNDRY 9'-2"X8'-11" BATHROOM 7'-7"X8'-9" EXERCISE ROOM 19'-5"X15'-9" POSSIBLE MECHANICAL ROOM SOMEWHERE IN THIS SPACE36'-4"36'-3 1/8"85'-10 1/4" 6'-9"7'-4 1/8" 6'-10 1/4"5'-8 1/2" 6'-7 7/8"11'-8"6'-7 5/8"4'-6"10'-2 7/8"26'-1/4"3'-0" 3'-0" 8'-5 1/4"18'-9 3/4"25'-5 3/8"5'-8 1/2"3'-4"4'-3 1/8"10'-11 3/4" 4'-0"4'-0" 6'-0" 2'-4 " X 6 ' - 8 " LINE OF UPSTAIRS EXTERIOR (8" FLOOR TRUSS CANTILEVER)8"8'-2 3/8"18'-11"2'-1 1/8"29'-2 5/8"2'-8"X6'-8"2'-8"X6'-8"2'-8"X6'-8"2'-6"X6'-8"2'-6"X6'-8"2'-6"X6'-8"2'-6"X6'-8"2'-6"X6'-8"2'-6"X6'-8"2'-4"X6'-8"2'-8"X6'-8"2'-8"X6'-8"2'-6"X6'-8"2'-6"X6'-8"2'-8"X6'-8"EXISTING FURNACE 5 1/2"15'-4 3/8"11'-9 1/8"13'-10 1/4"14'-3 5/8"21'-11 1/2"BELOW GARAGE UNEXCAVATED 9'-2 3/4"2 3/4"9'-2 3/4"2 3/4"4'-6 7/8"6'-0"Slider Door 6'-1 1/2"6'-1 1/2" 8'-8 3/8"8'-8 3/8" 14'-0" 2'-8 3/4" 2'-11 3/4" 27'-10 3/4" 5'-3" 5'-3"1'-8"8"29'-10 5/8" 29'-9 3/8" 6'-7/8" 9'-4 5/8"11'-0"9'-4 5/8"8'-8"15'-4 3/8"13'-10 1/4"5'-10 1/4"6'-1" 5'-10 1/4"6'-1" 9'-2 3/8"8'-11 7/8"7'-7"8'-9 7/8"5'-0"2'-9 1/2"3'-8"3'-8"4'-0"5'-6 1/2"14'-2"8'-6"2'-3/4"2'-2 3/4"2'-2 1/2" 12'-5 1/2"3'-10"8'-2" 12'-8 3/4"12'-5"12'-5"6'-0"3'-5 1/2"2'-8"5'-0"9"2'-10"Tub/ Shower 5'-7"14'-6"34'-5"14'-6"4'-2 1/2"7'-10"2'-2 1/4"5'-9 3/4"2'-2 1/2"6'-5 1/8" 2'-10 3/4"5'-10 1/2"22'-4 1/2"15'-11 1/2"4'-3 1/8"7'-4" 11'-1 7/8"13'-7/8"12'-1/2" 12'-4 1/2"6'-8 3/8"A11'-0"4'-4"1'-0"17'-4"1'-0"11'-4"2'-0"38'-0"1'-10 5/8" 8'-6 7/8"21'-3 3/4"1'-0"13'-4 3/4"3'-11 1/2"24'-4 3/4"3'-7 1/4" 1'-7 7/8" ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioMAIN LEVELScale: 1/4" = 1' (24x36) 10'x8' Overhead F.S. TUB NEW DECK 10'-0" X 7'-11" RE-USE EXISTING RAILING KITCHEN 18'-8" x 17'-5" PANTRY 7'-6" x 5'-10" 8/12 VAULT 29'-10 5/8"72'-7 1/8"85'-10 1/4"29'-10 5/8"55'-11 5/8"2'-1 1/8"18'-11"8'-10 1/2"4'-11 5/8"12'-2"7'-2 1/2"11'-6 1/2" 17'-11" 21'-8 5/8"9'-10 7/8" 8'-0" 14'-3 3/8"14'-8 3/8"5'-11 1/2" 9'-8"3'-0"16'x8' Overhead 3'-0"3'-4" 3'-4"6'-0"Upper Arched 7'-6" 5'-5" 2'-1" 3'-6"3'-6"3'-6" 3 3/4"3 3/4" 9'-11" 8'-5 7/8"2'-10 1/4"2'-10 1/4"2'-5 5/8"5'-8 1/2"1'-0"4'-4"1'-0"17'-4"1'-0"11'-4"1'-0"37'-0"3'-11 1/2"12'-11 1/4" GARAGE 36'-0" X 27'-0" 8'-10 1/4"2'-10 1/2"PR. 3'-0"x7'-0" CLOSET 17'-5" X 9'-4" SHOWER 6'-10" X 5'-3" MASTER BATHROOM 11'-0" X 10'-6"PR. 2'-6" X 7'-0"PKT. DOOR 3'-0"X7'-0" PKT. DOOR 3'-0"X7'-0" 2'-4"X7'-0" 2'-8"X7'-0"2'-4"X7'-0"2 ' - 8 "X 7 ' - 0 " 3'-0 " X 7 ' - 0 " 3'-0"X7'-0" 3'-0"X7'-0"PKT. DOOR2'-6"X7'-0"3'-0"X7'-0" 3'-0"X7'-0"DOUBLE PKT DOOR(2) 3'-0" X 7'-0"MASTER BEDROOM 17'-9" X 14'-0" 8/12 VAULT OFFICE 9'-9" X 16'-8" HALL 23'-10" X 4'-0" GREAT ROOM 24'-11" X 20'-10" DINING ROOM 18'-8" X 11'-4" EXISTING SCREEN PORCH 18'-2" X 11'-9" SEE ELEVATIONS FOR WINDOW SIZES SEE ELEVATIONS FOR WINDOW SIZES LAUNDRY 9'-7" X 7'-4" PWDR. BATH 4'-11" X 7'-6" STAIRS 10'-5" X 7'-6" FOYER 11'-3" X 5'-9" FP FREEZER FRIDGE CLOSET 2'-5" X 5'-11" 4'-0"5'-11"4'-6"3'-6" 17'-9 3/4" 10'-6 1/2"7'-8"6"6"6" 6" 5'-9 1/4" 5 1/2" 5'-6 1/2" 5 1/2" 5'-9 1/4" 27'-10 3/4"1'-0"3'-10"4"5'-8"4"3'-10"6'-5 5/8"6'-0"1'-0"21'-3 3/4"1'-0"29'-9 3/8" 9'-4 3/4"11'-0"9'-4 5/8"8"1'-0"9'-4 7/8"5'-5 3/4"3'-1/4"3'-9 3/4"3'-9 3/4"6'-6" 1'-6" 13'-9 3/8" 6'-6" 1'-6"14'-0"17'-9 3/4" 8'-6 7/8" 11'-2 1/2"10'-1 1/4"PKT. DOOR2'-8"X7'-0"3'-6"2'-11 3/4"7'-0"27'-11 1/4"14'-0" 1'-8" 13'-11 3/8" 27'-3"8'-9 1/8"19'-11 1/2"5'-5 7/8" 8'-5"10'-5 3/8" 5'-11 1/2"7'-7"3'-8"3'-8"4'-0"10'-0"4'-0"9'-10"16'-9 5/8"2'-9 5/8"1'-1" 6'-3" 5'-0" 6'-0"2'-6 1/8"4'-0"3 1/2"7 1/8" 11'-0"10'-6 1/4"4'-1 3/8" 3 1/2"5'-3 1/2"5 1/2"7'-5"9'-8" 5'-0"7'-7"11'-0"5'-0" 6'-3/4"7'-5 1/8"10" A232'-9 3/4"9'-1 1/2"2'-7 1/2"7'-9 5/8"9'-1 1/4"11'-1 1/2" ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioBONUS ROOMScale: 3/8" = 1' (24x36) GUEST BED 16'-0"X14'-8" GUEST BATH 8'-8"X8'-3" GUEST LIVING 14'-0"X16'-7" GUEST KITCHENETTE 6'-0"X8'-7" LINEN 2'-9"X4'-0"CLOSET(SLOPED)6'-9"X2'-8"MECHANICAL 5'-8"X16'-0" BONUS ROOM 735 Ft²15'-11"14'-1/2"3'-1"3'-6"6'-7 1/2"5'-5 7/8" 1'-10 5/8" 1'-10 5/8"14'-1/2"15'-11"13'-2 1/2"7'-1/2"6'-2"ATTIC ATTIC ATTIC ATTIC 8' FINISHED CEILING 2'-8"2'-8"4'-5"7'-1"4'-5"DOWN 16R 2'-8"X6'-8"(2) 2'-4"X6'-8" FRENCH DOORS2'-8"X6'-8"2'-8"X6'-8"2'-6"X6'-8" 2'-0"3'-7/8"3'-9 1/4" 13'-8 5/8" Flat Ceiling 29'-10 5/8" 8'-6 7/8"21'-3 3/4" 11'-2 1/2"10'-1 1/4" 2'-8" 4'-7 1/4"16'-11" 6'-5 3/4" 4'-7 1/8" 4'-1" Shower 2'-8"X6'-8"9'-0"7'-11 1/2"1'-0"1'-0"1'-0" 16'-11"6'-5 7/8"3'-6"8'-7 1/4" 2'-10 1/2"1'-10 1/2"4'-0"5'-0"14'-9"A3 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSScale: 1/4" = 1' (24x36) MASTER BEDROOM HALLREC/EXERCISE ROOM BED 4 MASTER CLOSETMUDROOMGARAGE BONUS ROOM 36'-9"8'-3 1/2"1'-8 3/4"9'-1 1/8"9'-1 1/8"10"8'-1 1/8"2x10 Bottom Chord Bonus Truss 20" Floor Trusses Engineered Roof Trusses 933.5' Top of Basement Slab A4 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSScale: 1/4" = 1' (24x36) MASTER BEDROOM HALLREC/EXERCISE ROOM BED 4 HALL CLOSETMUDROOMGARAGE BONUS ROOM HALL A5 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSScale: 1/4" = 1' (24x36) POWDER BATH HALL OFFICE BED 3HALLBATHROOM WELL ROOM MECHANICAL ROOM FAMILY ROOM GREAT ROOMFOYER ENTRY A6 Scale: 1/4" = 1' (24x36) ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSBED 1DOOR TO BATHROOM MECH KITCHEN DINING ROOM SCREEN PORCH Scale: 1/4" = 1' (24x36)A7 Scale: 1/4" = 1' (24x36) ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSBED 5 BED 4 BED 3 FAMILY ROOM BED 1 DINING ROOM GREAT ROOMFPOFFICEMASTER BEDROOMMASTER BATHROOM 12' BOX VAULT 8/12 VAULT 8/12 VAULT Scale: 1/4" = 1' (24x36)A8 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSGREAT ROOM OFFICE 8/12 VAULT MST BED ENTRY HALL CLOSET MASTER CLOSET MST BATH HALL MASTER SHOWER BED 5 CLOSET HALL BED 3 CLOSET BED 3 ENTRY FAMILY ROOM BED 1 ENTRY BED 1 CLOSET KITCHEN Scale: 1/4" = 1' (24x36)A9 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSGREAT ROOM 8/12 VAULT MASTER CLOSET MST BATH HALL BED 5 CLOSET HALL BED 2BED 2 CLOSET KITCHEN SCREEN PORCH Scale: 1/4" = 1' (24x36) MASTER TOILET ROOM HALL STAIRS BEYOND MECH ROOM JACK AND JILL BATH FOYER BEYOND CUT ALONG PEAK OF SCREEN PORCH A10 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSScale: 1/4" = 1' (24x36) CUT THROUGH FRONT PORCH A11 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSScale: 1/4" = 1' (24x36) CUT THROUGH GARAGE DORMER CUT THROUGH GARAGE/ NO DORMER A12 Scale: 1/4" = 1' (24x36) ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioROOF PLAN6/126/12 14/1214/12 10/1210/12 14/12 14/12 14/12 14/12 10/12 10/12 10/12 14/12 14/12 14/12 14/12 10/12 10/12 14/12 3/12 7.4375/12 2'-0"1'-1/2"1'-1/2"1'-6" 1'-6"1'-1/2"1'-1/2"2'-0"1'-6"1'-6"1'-6"2'-0"1'-6"3'-0"2'-0"1'-0"1'-0"1'-6"2'-0"1'-6"2'-0"1'-6"2'-0"SHED ROOF 10/12 EYEBROW ROOF 10/12 A13 Scale: 1/4" = 1' (24x36) 1'-0" 1'-10 5/8" 1'-10 5/8" 85'-10 1/4"29'-10 5/8"26'-10 3/4"18'-2 1/4"10'-10 3/4" 21'-3 3/4"8'-6 7/8"1'-0"72'-7 1/8"38'-0"18'-11"2'-1 1/8"8'-10 1/2" ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioWEST ELEVATIONScale: 1/4" = 1' (24x36)A15 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioEAST ELEVATIONScale: 1/4" = 1' (24x36)A16 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioNORTH ELEVATIONScale: 1/4" = 1' (24x36)A17 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSOUTH ELEVATIONScale: 1/4" = 1' (24x36)A18 ISSUE11.02.23DRAWN BYNLCLIENTErik and Marissa2795 Shadywood Rd.Excelsior, MN 55331PROJECTWinegardenK&K Builders6250 US HWY 12Suite #220Maple Plain, MN 55359Interior DesignClove DesignStudioSECTIONSREFERENCEScale: 1/4" = 1' (24x36)A19 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::1 EXISTING - West PROPOSED - West EXISTING - East PROPOSED - East3'-1 5/8"4'-8 5/8"Scale: 1/8" = 1' (24x36)14'-7/8"9'-8 5/8"9'-8 5/8"14'-7/8"Peak of Proposed 14/12 - 970.25' Peak of Proposed 14/12 - 970.25' Existing Peak 956.177' Existing Peak 956.177' Peak of Proposed 10/12 Roof - 965.89' Peak of Proposed 10/12 Roof - 965.89' Existing Lower Level Slab 930.34' Existing Lower Level Slab 930.34' Proposed Lower Level Slab = 933.5' Proposed Garage Floor = 941.0' 937.88' Existing Garage Floor Existing Peak 956.177'5'-1 7/8"1/4" 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::29'-8 5/8"9'-8 5/8"3'-1 7/8"Scale: 1/8" = 1' (24x36) EXISTING - West PROPOSED - West EXISTING - East PROPOSED - East Peak of Proposed 14/12 - 970.25' Peak of Proposed 14/12 - 970.25' Existing Peak 956.177' Existing Peak 956.177'14'-5/8"14'-5/8"Peak of Proposed 10/12 Roof - 965.89' Peak of Proposed 10/12 Roof - 965.89' Existing Lower Level Slab 930.34' Existing Lower Level Slab 930.34' Proposed Lower Level Slab = 933.5' Proposed Garage Floor = 941.0' 937.88' Existing Garage Floor 26'-8 3/4"5'-1 5/8" 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::3 Scale: 1/8" = 1' (24x36) EXISTING - North PROPOSED - North EXISTING - South PROPOSED - South3'-4 3/8"9'-8 3/8"14'-5/8"14'-5/8"Peak of Proposed 14/12 - 970.25' Peak of Proposed 14/12 - 970.25' Existing Peak 956.177' Existing Peak 956.177'25'-10 3/8"Existing Lower Level Slab 930.34' Existing Lower Level Slab 930.34'3'-1 7/8"3'-1 7/8"Peak of Proposed 10/12 Roof - 965.89' Proposed Garage Floor = 941.0' Proposed Lower Level Slab = 933.5' Proposed Lower Level Slab = 933.5' 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::49'-8 5/8"4'-8 5/8"3'-1 7/8"3'- 1 7/8"8'-3 1/2"1'-8 3/4"17'-1 3/4"933.5' 933.5' Existing LL. FF. 930.34' Great Room/ Foyer Office Office22'-4 1/2"Scale: 3/16" = 1' (24x36) EXISTING Through Deck PROPOSED Through Deck EXISTING Through Front Stoop PROPOSED Through Front Stoop 938.84' Existing M.L. Floor 943.52' Proposed M.L. Floor Existing Peak 956.177' Peak of Proposed 14/12 Roof - 970.25' 943.52' Proposed M.L. Floor 938.84' Existing M.L. Floor Existing LL. FF. 930.34' Peak of Proposed 10/12 Roof - 965.89' 933.5' Proposed LL Floor 933.5' Proposed LL Floor 14'-1 1/8"4'-8 5/8"22'-8 1/8"22'-8 1/8"Existing Peak 956.177' Entry Porch26'-8 3/4"9'-1 1/8" 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::5 Garage New Garage Bonus Room Master Bedroom Great Room Great Room 8'-3 1/2"9'-1 1/8"1'-8 3/4"32'-4 3/4"25'-10 3/8"7'-6 1/4"8'-3/8"4'-8 3/8"4'-8 3/8"9'-8 5/8"Scale: 3/16" = 1' (24x36) EXISTING Along Roof Peak PROPOSED Along Roof Peak EXISTING Through Garage PROPOSED Through Garage 933.5' T.O. Proposed Basement Slab 930.34' T.O. Existing Basement Slab 933.5' T.O. Proposed Basement Slab 930.34' T.O. Existing Basement Slab 3'-1 7/8"941' T.O. Proposed Garage Floor 938.84' Existing M.L. Floor 943.52' Proposed M.L. Floor 937.88' Existing Garage Floor 938.84' Existing M.L. Floor 943.52' Proposed M.L. Floor Peak of Proposed 10/12 Roof - 965.89' Existing Peak 956.177' Existing Garage Peak 954.59'15'-9 1/8"9'-1 1/8"11'-7 1/8"4'-4 1/4"14'-5/8"14/12 8/12 Vault Peak of Proposed 14/12 Roof - 970.25' Peak of Proposed 14/12 Roof - 970.25'15'-8 3/8"8'-1 1/8"7 3/4" 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::6 928.3' Lake Mtka. Water Level 8.3.23 933.5' T.O. Proposed Basement Slab 930.34' T.O. Existing Basement Slab 928.3' 933.5'32'-4 3/4"22'-8 1/8"Existing Peak 956.177' Peak of Proposed Roof - 970.25' Peak of Proposed 10/12 Roof - 965.89' Scale: 3/16" = 1' (24x36) Overlay of Existing and Proposed through Deck Overlay of Existing and Proposed through Front Stoop 938.84' Existing M.L. Floor 8'-5 3/4"3'-1 7/8"10'-1/4"943.52' Proposed M.L. Floor 938.84' Existing M.L. Floor 943.52' Proposed M.L. Floor 928.3' Lake Mtka. Water Level 8.3.23 933.5' T.O. Proposed Basement Slab 930.34' T.O. Existing Basement Slab22'-4 1/2"36'-9"14'-7/8"9'-8 5/8"8'-1 1/8"7'-6 1/4"9'-1 1/8"1'-0" 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::7 East/West Overlay through Peak of Roof North/South Overlay through Peak of Garage Roof 928.3' 933.5' 930.34'9'-8 3/8"3'-1 7/8"3'-1 7/8"3'-1 7/8"Peak of Proposed Roof - 970.25' Midpoint of Roof 962.0'4'-8 3/8"5'-3 7/8"10'-1/4"4'-8 3/8"Proposed Main Level 943.52' 938.84' Existing M.L. Floor 943.52' Proposed M.L. Floor 928.3' Lake Mtka. Water Level 8.3.23 933.5' T.O. Proposed Basement Slab 930.34' T.O. Existing Basement Slab 933.5' T.O. Proposed Basement Slab 930.34' T.O. Existing Basement Slab 941' T.O. Proposed Garage Floor 937.88' Existing Garage Floor8'-3 1/2"7'-6 1/4"8'-1/2"9'-1 1/8"938.84' Existing M.L. Floor 943.52' Proposed M.L. Floor 36'-9"8'-2 5/8"Mid point of Roof 962.0'4'-4 1/4"14'-5/8"36'-9"Peak of Proposed Roof - 970.25' New Garage Addition Bonus Room8'-1 1/8"11'-7 1/8"Replace Existing Screen Porch 5'-1 5/8"7 3/4" 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::8 Main Level Plan (Dashed indicates existing) Scale: 1/4" = 1' (24x36) =EXISTING37'-0"28'-0" 29'-9 3/8"6'-5 5/8"2'-1 1/8"27'-3" 2' Addition including foundation 36'-6" x 28'-0" Garage Addition 12" Bumpout on Main Level Only (Cantilevered Floor Trusses) 27'-10 3/4"1'-0"14'-0"7'-0" Deck Shifted over NEW PORCH FLOOR TO BE DOWN 1 RISER (7 3/4") FROM NEW MAIN FLOOR ONE SET OF STEPS TOWARDS LAKE1'-0"21'-3 3/4" 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::9 Lower Level Plan (Dashed indicates existing) Scale: 1/4" = 1' (24x36) =EXISTING 2795 Shadywood RdK&K Builders 6250 US Hwy 12 Suite 220, Maple Plain, MN 55359 November 6, 2023 ::10 Upper Level Plan Scale: 3/8" = 1' (24x36)43'-2"29'-10 5/8" 21'-3 3/4" 16'-0"15'-11"26'-1 3/8" DN 16R AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 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 23rd 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. Item No.: XX 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 Planner Agenda Section: Community Development AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 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 porch so close to the lake/channel, 13.5 feet where 75 feet is required. The existing footprint and volume of the porch can be recaptured; expansion of the porch is not a right as the applicant has reasonable use of the property. The applicant has the opportunity to improve this setback and mass within the 75-foot channel setback with a redesign. Staff recommends that the applicant redesign the porch to minimize the massing impact so close to the OHWL. Suggested options to reduce the massing include lowering/changing the roof peak, reduce the footprint size, convert all or a portion of the porch footprint to patio or deck. 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 10/16/2023 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 AGENDA ITEM Prepared By: LLO Reviewed By: Approved By: 1. Purpose. To consider a Code change to allow limited administrative approval for replacement retaining walls and add Conditional Use Permit requirements for new retaining walls within the Shore Setback Zone. 2. Background. Currently, the City Code prohibits construction of retaining walls within the shore setback of protected waters. The strict prohibition presents multiple challenges for residents working to repair or replace existing failing walls or to address erosion issues. Earlier this year, the City Council directed staff to review the retaining wall regulations within the lakeshore. The Council held work sessions in April and May of 2023 which included general background information, examples of different types of walls and wall construction, guidance from the Comprehensive Plan, DNR and other lake area communities. The proposed amendments create an administrative process for replacement walls and a conditional use permit process to allow new retaining walls within the shore setback on properties meeting a specific set of conditions. Additionally, clarification to the definition of retaining walls and elimination of redundancy within the City Code will be achieved with the proposed ordinance. The DNR has granted conditional approval of the ordinance as proposed. 3. Planning Commission Vote and Comment. The Planning commission held their public hearing on October 16, 2023. Commissioners discussed the definition of retaining walls and recommended to remove the second sentence from the definition due to the description of the boulder sizes, minutes are included as Exhibit C. With the recommended change to the definition, the Planning Commission recommended approval of the text amendment as drafted with a vote of 6-0. 4. Public Comment. No comments related to the proposed ordinance have been received from the public. 5. Staff Recommendation. Staff recommends the Council adopt the ordinance as drafted. COUNCIL ACTION REQUESTED City Council should approve proposed Ordinance. Exhibits A. Draft Ordinance No. 284, Third Series B. PC Staff report dated October 16, 2023 C. 10.16.23 PC Minutes - Draft D. City Council Work Session Packet 4.24.2023 E. City Council Work Session Packet 5.19.2023 Item No.: 25 Date: November 13, 2023 Item Description: LA23-000054, City of Orono Text Amendment: Retaining walls within the Shore Setback Zone – Ordinance No. 284, Third Series Presenter: Laura Oakden Community Development Director Agenda Section: Community Development Report 1 ORDINANCE NO. 284, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO RETAINING WALLS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Chapter 78, Section 1, Definitions shall be amended by removing the strikethrough text and adding the underlined text: Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Two or more abutting boulders, 24 inches in diameter or greater, placed to hold back the earth are considered to be a retaining wall. Landscape edging, less than 6 inches tall, is not considered a retaining wall. SECTION 2. Chapter 78, Section 566. Accessory Uses. shall be amended by removing the strikethrough text and adding the underlined text: (13) Retaining walls, not to exceed 42 inches in height, and no part of which may be located within 75 feet of the shoreline. (1413) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of section 26-76, when applicable. (1514) New boathouses within 75 feet of the shoreline are specifically prohibited. SECTION 3. Chapter 78, Section 1279. Placement of buildings and structures on lots shall be amended by removing the strikethrough text and adding the underlined text: (5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the Shore Setback zone. within the Shore Setback zone may be permitted according to the following: a) A retaining wall may be constructed within the shore setback zone if it is an integral part of a permitted lake access stair and the retaining wall is designed to be the minimum size necessary. b) A replacement retaining wall, including a change in material, may be permitted within the shore setback zone when all of the following conditions are met: 1. The wall is under 4 feet in height, and in the same location, and 2 2. The existing wall shows signs of failure. c)A wall within a defined bluff and bluff setback; and/or a replacement wall 4 feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and replacement walls greater than 4 feet in height must meet the following conditions. The wall must be: 1. Designed to correct an established erosion problem; and 2. Suitable given the demonstrated need; and 3.Designed by a registered engineer or landscape architect, depending on project scope; and 4. Designed to be the minimum size necessary to control the erosion problem. SECTION 4. EFFECTIVE DATE: This ordinance shall take effect January 1, 2024 upon its passage and publication. ADOPTED this _____ day of _____, 2023 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ _____________, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2023. To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: October 16, 2023 Subject: #LA23-000054, City of Orono Text Amendment: Retaining walls within the Shore Setback Zone- Public Hearing Background The City Council processes many variances for retaining wall within the lakeshore setback every year. The Council directed staff to review the current regulations relating to retaining walls and determine of if any amendments to the City Code should be considered. City Staff presented information to the Council at the April 24, 2023 and May 19,2023 work sessions which included general background information, examples of different types of walls and wall construction, guidance from the Comprehensive Plan, DNR and other lake area communities. See Exhibits B and C. Currently, the City Code prohibits retaining walls within the shore setback of protected waters. The shore setback varies based on the classification of the protected water; the required shore setback for Lake Minnetonka is 75-feet. The strict prohibition presents multiple challenges for residents who are working to repair or replace failing walls or to address erosion issues. The current regulations do not provide any guidance for best practices regarding material, methods, or screening of walls. Staff recommends the Council amend the City Code to create an administrative process and a conditional use permit process to permit retaining walls within the shore setback on properties with specific conditions. Additionally, clarification to the definition of retaining walls and elimination of redundancy within the City Code will be achieved with the proposed ordinance. Proposed Language: • ADMINISTRATIVE PERMIT: A Staff-issued Zoning Permit for retaining walls must meet the following: o Replacement Walls: Must be under 4 feet in height, have a documented failure of the existing wall, and the replacement wall must be in the same general location and height of the existing wall. o New Walls: Must be an integral part of an allowed lake access stair. • CONDITIONAL USE PERMIT: A Conditional Use Permit (CUP) for any wall not meeting the administrative approval standards including: Application Summary: The City of Orono is proposing an ordinance amendment that will allow limited use of retaining walls within the Shore Setback Zone. Staff Recommendation: Planning Department Staff recommends approval of the draft as written. LA22-000023 October 17, 2022 Page 2 of 2 o Replacement walls 4-feet in height or greater; and/or o Any walls proposed within the defined Bluff slope; and/or o Any new wall proposed that is not part of a lake stair  Conditions for approval: In order to obtain a CUP the following criteria must be met. A wall must be: i. Designed to correct an established erosion problem; and ii. Suitable given the demonstrated need; and iii. Designed by a registered engineer or landscape architect, depending on project scope; and iv. Designed to be the minimum size necessary to control the erosion problem. Department of Natural Resources (DNR) Review The proposed amendment is within the Shoreland Overlay District and requires approval by the DNR of any amendments. Staff worked with the City’s designated DNR Area Hydrologist and has received conditional approval on the draft language, Exhibit D. The DNR recommended additional criteria that must be met in order to obtain a conditional use permit for new and replacement walls. The DNR comments are reflected in the proposed language. Once the ordinance is formally adopted by the City Council, the DNR will conduct a final review of the adopted ordinance. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this proposal? Planning Staff Recommendation Planning Staff recommends approval of the amendment as drafted. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. DNR Conditional Approval Exhibit C. City Council Work Session Packet 4.24.2023 Exhibit D. City Council Work Session Packet 5.19.2023 MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. 7. LA23-000054 TEXT AMENDMENT WITHIN CHAPTER 78 WHICH CONTEMPLATES THE ALLOWANCE OF RETAINING WALLS WITHIN THE SHORE SETBACK ZONES Community Development Director Oakden explained the City Council processes many variances for retaining walls within the lakeshore setback every year. The Council directed staff to review the current regulations relating to retaining walls and determine of if any amendments to the City Code should be considered. City Staff presented information to the Council at the April 24, 2023 and May 19,2023 work sessions which included general background information, examples of different types of walls and wall construction, guidance from the Comprehensive Plan, DNR and other lake area communities. Currently, the City Code prohibits retaining walls within the shore setback. The required shore setback for Lake Minnetonka is 75-feet. The strict prohibition presents multiple challenges for residents who are working to repair or replace failing walls or to address erosion issues. The current regulations do not provide any guidance for best practices regarding material, methods, or screening of walls. Staff recommends the Council amend the City Code to create an administrative process and a conditional use permit process to permit retaining walls within the shore setback on properties with specific conditions. Additionally, clarification to the definition of retaining walls and elimination of redundancy within the City Code will be achieved with the proposed ordinance, she said. The ordinance would allow for an administrative permit under some conditions and a conditional use permit process for others. To obtain a CUP it would require a public hearing and professional engineering. This would include new walls or walls with significant changes. Swapping out material on an existing wall up to four feet within the 75-foot Lakeshore Setback could be accomplished with the administrative permit. Chair Bollis opened the public hearing on the proposed ordinance revision at 8:39 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:39 p.m. Bollis said he felt this was a needed change as retaining walls built in the 1970s are beginning to fail and new materials and techniques are now available. It would be good for residents to be able to address more of these with an administrative permit. Oakden said there were some additions of definitions including defining the difference between boulder walls and landscape edging. Bollis said he feels the definition needs more work because as written it could cover decorative features or create too many loopholes for walls. Oakden said the definition also includes the requirement that the purpose of the structure is to hold back earth. She said the definitions were pulled from DNR best practices. She said the commission has discussed some options for the definition and asked the Commission members which they favored. Libby said he was comfortable with the ordinance as written since it is required that the applicant use professional design services. Ressler moved, McCutcheon seconded, to recommend approval of the ordinance as drafted removing in the definition the language for two or more boulders. VOTE: Ayes: 6, Nays 0. Retaining Walls within the Lakeshore Setback City Council Worksession April 24, 2023 Orono City Code •Shoreland Overlay District •78-1279 (5): Fences, docks, retaining walls.No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the Shore Setback zone. •Definitions: •78-1 In-kind, when used in the context of replacement of a non-conforming building or structure, means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure. Implementation •New walls and/or expansions are not permitted. •In-Kind replacements are permitted with a zoning or building permit. •Variance must be obtained in order to construct new walls and/or expansions Issues •The City Code prohibits retaining walls within the lakeshore setback. •The ability to reconstruct existing infrastructure is extremely limited. •Best practices for protecting slopes and prevention of erosion control may call for different methods or types of walls. Comprehensive Plan: Chapter 3: Environmental Protect Plan Natural Resource Management Policies: •Protect lake resources to allow reasonable access, use and enjoyment while preventing overcrowding and excessive encroachment. •Lake shorelines will be protected from alteration. •Retention of natural vegetation will limit the impact of urbanization as visible from the lake. Retaining Wall Construction and Impacts •Properly constructed retaining walls require disturbance of the slope being protected •There is more to a retaining wall than what you see from the front or top of a finished wall. Timber Retaining Walls 33 Feet 31 Feet 47 Feet Block Retaining Walls Boulder Retaining Walls DNR Shoreland Regulations •The DNR’s Current Model Shoreland Ordinance (04/28/22) lists retaining walls as permitted within the shore impact zone provided that the walls are: •Used only to correct a documented erosion problem (not aesthetic); •Wall height and length are the minimum necessary to correct the erosion problem (and not higher than 4 feet or longer than 10 feet unless the “zoning administrator” determines the larger wall to be necessary); and •The walls are screened by vegetation to be not visible from the lake. DNR-Higher Standard Alternatives: •Tiered permitting for new walls: •Administrative Permit* walls are at least 50-feet from the OHWL; and less than 3 feet high, less than 25 feet in length; and on a slope less than 12%. •Conditional Use Permit* walls <50 feet from the OHWL; or over 3 feet high & over 25 feet in length; or on slopes greater than 12% •Administrative approval for expansion of non-conforming structures (i.e. walls) not meeting OHWL setbacks, if: •The wall is more than 50 feet from the OHWL; and •Overall site hardcover is met/conforming; and •Property owner agrees to restoration/establishment of a riparian buffer for 80% of shoreline width with a minimum depth of 10 feet to include trees, shrubs, and natural ground cover. •Additional information: •Individual boulders >30” diameter are considered a retaining wall. •Vegetative screening is required for all walls. *Engineered plans may be required. Retaining Wall-Lake Community Input City Are Retaining Walls allowed within Lakeshore? Descriptions Minnetrista Yes, with conditions Allowed within shore setback (75') if 4’ in height or less; Not allowed in steep slope or bluff; Nothing allowed within 10' of OHWL Deephaven/ Woodhaven Yes Allowed in shore setback. Not allowed in Bluff Impact Zone. Greenwood Yes, with conditions Not allowed within the 50' Setback from OHWL, a CUP required for walls within the 50' Shore setback. Retaining walls not allowed in Bluff Impact Zone. Tonka Bay Yes Allowed Minnetonka Beach No Not allowed within 75’ setbacks. Shorewood Yes, with conditions Retaining Walls are allowed only for erosion issues not for accessory improvements (Patios/beaches). Mound Yes Retaining Walls are allowed in shore setback (50’) but are not allowed in bluff. Recommendation •Staff has identified issues with the implementation of the current City Code and its limitations pertaining to the reconstruction of the existing walls. •Additional research is needed to develop best practices to protect the lakeshore from erosion and to align the City Code with DNR standards. Next Steps •Staff will research and develop draft language as a proposed text amendment. Retaining Walls within the Lakeshore Setback (Continued) City Council Work Session May 22, 2023 Definition: Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Current City Code •Retaining walls shall not be placed within the Shore Setback zone. Current Implementation •In-Kind (nonconforming code section) replacements are permitted with a zoning or building permit. In-kind definition: means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure •New walls and/or wall changes & expansions are not permitted. Currently, new walls require variance approval. Current Challenges •No guidance within the Code for construction methods, materials, or performance standards •A change in material may result in a new expansion (i.e. new tiebacks, dead men, anchors, or changes due to boulder sizing) •Current Code offers no ability to permit supporting boulders or low walls, for lake access stairs, which retain soil, i.e. •Current code does not permit a comprehensive response to catastrophic slope failures –requires approval of After-The-Fact variance after stabilization. •Variance required for every wall -property owner must prove practical difficulty •Defining boulder walls/ boulder outcroppings/ landscape edging RECOMMENDATION 1.Replace the current system (prohibition + variances) 2.Amend the Code to define two options for permitting retaining walls (new and replacement) in lake yards as a permitted accessory use or as a conditional use depending on the situation, as follows: Administrative Zoning permit limited approvals by Staff Conditional Use Permit + Building Permit PC + Council review with Public Hearing and clearly defined conditions for approval OPTIONS FOR PERMITTING WITHIN THE LAKEYARD •ADMINISTRATIVE PERMIT (Staff-issued zoning permit) for retaining walls must meet the following: Replacement Walls: Under 4 feet in height; and Documented failure of the existing wall; and The proposed replacement is in the same general location and height of the existing wall. New Walls : Be an integral part of an allowed lake yard accessory structure (e.g. lake access stairs) •CONDITIONAL USE PERMIT for any wall not meeting the administrative standards Demonstrable failure and/or erosion control problem; and/or Replacement walls 4-feet in height or greater; and/or Any walls proposed within the defined Bluff slope; and/or Any new wall proposed that is not part of a lake stair *Additional conditions may be added as necessary by PC, Council, or Staff (e.g. access or method of construction) REQUIREMENTS FOR ALL PERMTS Site Plan and Elevation Plans Plans that include method and material necessary for construction Sediment/ erosion control plan Landscape Plan depicting vegetative screening to cover at least 80% of wall(s) as viewed from the lake Plans approved by a licensed professional engineer required for walls 4 feet or taller per MN State Building Code Next Steps •Provide guidance on the proposed recommendation for allowing an administrative and conditional use permit City Code amendment •Review the proposed requirements for each type of permit •Direct staff to draft proposed ordinance language based on your recommendation. AGENDA ITEM Prepared By: RJO Reviewed By: RJO Approved By: 1. Purpose. The purpose of this item is to provide the Council with year-to-date General Fund Budget Information. This is for informational purposes only and no action is required. COUNCIL ACTION REQUESTED No Action is required. Exhibits A. 3rd Quarter Budget Report Item No.: 26 Date: November 13, 2023 Item Description: Third Quarter Financial Report Presenter: Ron Olson Finance Director Agenda Section: Finance Director Report To: Mayor and Council From: Ron Olson, Finance Director Subject: Budget Update Date: November 13, 2023 Attachments: 1. Revenue Summary 2. Revenue Detail 3. Revenue Graphs/Tables 4. Expenditure Summary 5. Expenditure Detail The third quarter General Fund year to date budget to actual comparisons are included with this memo. They are as of the end of September which represents 75.0% of the year. Revenues are currently at 71.5% of budget with expenditures at 75.2% of budget. There has been a change in the General Fund presentation. Both revenues and expenditures have been removed from the presentation. The Golf Course is being moved to an Enterprise Fund and will no longer be reported in the General Fund. General Fund Revenues Revenues are on target to finish the year at budgeted levels. The largest General Fund revenue is the property tax levy representing 51.5% of the revenue budget. Tax collections are currently at 50% of budget. Because taxes in July and December, it is normal to be at 50% at this time. This line item will be a 100% of budget at year end. Licenses and Permits and Other Governmental already exceed budget for the year. This is related to building permits as highlighted money, and higher than expected Police State Aid and the Toward Zero Deaths police grant. Charges for Service will finish the year over budgeted levels. Interest on investments is allocated at year end will be at budget. A revenue graph is included with this memo form comparison with previous years. General Fund Expenditures At 75.2%, the overall expenditure amounts are running a little high at this point of the year, but are in good shape overall. There a few departments that are tracking over budget. The first is Mayor Council. The department is currently at 88.6% for the year. Additional training expenditures will result in the department being slightly over budget for the year. The Fire Department will finish the year over budget, approximately $10,000 is due to costs of standing up the Orono Fire Department. A majority is from the $46,000 overage in last year’s LL Fire budget. Engineering is already over budget for the year as GIS expenditures continue to be higher than budgeted. Because this is a small department, it will not have a major impact on the overall budget. Three other departments are trending over budget and will may exceed budget at year end. One of the departments is Law and Legal services which is being driven over budget by an unusual number of frivolous lawsuits. Central Service is also trending over budget and will need to be watched closely the rest of the year. Public Works – SP has had a change in the allocation of payroll so it will likely exceed budget. There are also some expenditures in the department that were reimbursed by Spring Park. This is reflected in the Charges for Service Revenue line. All of expenses in this department are offset by revenues. Special Services is another department that is running high but also has offsetting revenues associated with the expenditures. This is related to greater participation of Toward Zero Deaths project in the police department and is offset by increased revenue. Summary Revenues through September are in excellent shape. While there are some departments that will exceed budget for the year, the overall expenditures are tracking to be on budget for the year. When the additional revues that are associated with some of the exceedances are recognized, it is clear that the year-to-date General Fund budget is in good condition. Department Sept 30 Budget Percent Sept 30 Budget Balance Percent Taxes 2,499,822 5,013,596 49.86% 2,880,979 5,664,500 2,783,521 50.86% Licenses & Permits 554,646 585,200 94.78% 630,271 585,200 (45,071) 107.70% Other Governmental 432,286 403,000 107.27% 536,477 403,000 (133,477) 133.12% Charges for Service 3,192,874 3,440,200 92.81% 3,317,424 3,674,270 356,846 90.29% Fines 50,470 75,000 67.29% 59,520 80,000 20,480 74.40% Miscellaneous 10 2,000 0.48%16 - (16) NA Golf Course 361,003 338,000 106.81%(0) - 0 Interest 511 80,500 0.63%408 160,900 160,492 0.25% Other Sources & Transfers 13,129 38,100 34.46% 17,895 48,400 30,505 36.97% 7,104,752 9,975,596 71.22% 7,442,989 10,616,270 3,173,281 70.11% City of Orono Revenue Summary with Comparison to Budget For The 9 Months Ending Sept 30, 2022 - 23 2022 2023 Attachment 1 - Revenue Summary CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD SEPTEMBER 30, 2 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:55PM PAGE: 1 TAXES 101-31010 CURRENT AD VALOREM TAXES 2,880,978.72 2,880,978.72 5,641,000.00 2,760,021.28 51.1 101-31020 DELINQUENT AD VALOREM TAXES .00 .00 20,000.00 20,000.00 .0 101-31040 FISCAL DISPARITIES .00 .00 .00 .00 .0 101-31050 PERSONAL PROPERTY TAX .00 .00 .00 .00 .0 101-31060 FORFEITED TAX SALE APPORTIONMT .00 .00 .00 .00 .0 101-31070 RENT CREDIT .00 .00 .00 .00 .0 101-31900 PENALTIES AND INTEREST-TAXES .00 .00 3,500.00 3,500.00 .0 TOTAL TAXES 2,880,978.72 2,880,978.72 5,664,500.00 2,783,521.28 50.9 LICENSES & PERMITS 101-32100 BUSINESS LICENSES .00 .00 .00 .00 .0 101-32110 BEER & LIQUOR LICENSES 125.00 125.00 7,100.00 6,975.00 1.8 101-32120 CIGARETTE LICENSES 500.00 500.00 500.00 .00 100.0 101-32130 COMMERCIAL DOCK LICENSES .00 .00 .00 .00 .0 101-32140 SET UP LICENSES .00 .00 .00 .00 .0 101-32150 SEPTIC LICENSES .00 .00 .00 .00 .0 101-32170 GARBAGE HAULERS LICENSES 735.00 735.00 1,100.00 365.00 66.8 101-32180 OTHER BUSINESS LICENSE/PERMIT 5,030.00 5,030.00 8,000.00 2,970.00 62.9 101-32230 RENTAL LICENSES 1,835.36 1,835.36 2,000.00 164.64 91.8 101-32240 DOG LICENSES ( 10.89) ( 10.89).00 10.89 .0 101-32510 BUILDING PERMITS 474,283.78 474,283.78 475,000.00 716.22 99.9 101-32520 ZONING PERMIT 1,915.21 1,915.21 1,500.00 ( 415.21) 127.7 101-32530 MECHANICAL/SEPTIC/OTHER 100,966.71 100,966.71 60,000.00 ( 40,966.71) 168.3 101-32590 PLUMBING PERMIT 44,890.53 44,890.53 30,000.00 ( 14,890.53) 149.6 TOTAL LICENSES & PERMITS 630,270.70 630,270.70 585,200.00 ( 45,070.70) 107.7 Attachment 2 - Revenue Detail CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD SEPTEMBER 30, 2 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:55PM PAGE: 2 OTHER GOVERNMENTS 101-33220 FEDERAL GRANT-EMRGNCY PREP .00 .00 .00 .00 .0 101-33390 FEDERAL GRANT-OTHER .00 .00 .00 .00 .0 101-33410 HACA AID .00 .00 .00 .00 .0 101-33415 MARKET VALUE CREDIT .00 .00 .00 .00 .0 101-33416 POLICE TRAINING REIMBURSEMENT 30,895.75 30,895.75 23,000.00 ( 7,895.75) 134.3 101-33420 FIRE STATE AID .00 .00 .00 .00 .0 101-33421 POLICE STATE AID 276,529.02 276,529.02 240,000.00 ( 36,529.02) 115.2 101-33430 POLICE VEST REIMBURSEMENT .00 .00 .00 .00 .0 101-33440 MUNICIPAL STATE AID-STREETS .00 .00 .00 .00 .0 101-33450 LOCAL GOVERNMENT AID .00 .00 .00 .00 .0 101-33460 PERA STATE AID .00 .00 .00 .00 .0 101-33490 STATE GRANT-OTHER 229,051.77 229,051.77 140,000.00 ( 89,051.77) 163.6 101-33610 COUNTY GRANT-RECYCLING .00 .00 .00 .00 .0 101-33690 COUNTY GRANT-OTHER .00 .00 .00 .00 .0 101-33800 OTHER GRANTS/AIDS .00 .00 .00 .00 .0 101-33890 GRANTS/AIDS FROM OTHER GOVTS .00 .00 .00 .00 .0 TOTAL OTHER GOVERNMENTS 536,476.54 536,476.54 403,000.00 ( 133,476.54) 133.1 CHARGES FOR SERVICES 101-34200 ADMINISTRATIVE CHARGES FOR SVC 217,500.00 217,500.00 280,000.00 62,500.00 77.7 101-34210 GENERAL TAXABLE SALES/SERVICE 72.84 72.84 2,000.00 1,927.16 3.6 101-34220 ASSESSMENTS SEARCHES 20.00 20.00 100.00 80.00 20.0 101-34230 FILING FEES-ELECTIONS/PLATS 16,170.00 16,170.00 190.00 ( 15,980.00) 8510.5 101-34240 ZONING DISCLOSURE 380.00 380.00 .00 ( 380.00) .0 101-34410 PLAN CHECK/SITE EXAM FEES 292,653.63 292,653.63 200,000.00 ( 92,653.63) 146.3 101-34420 COND USE-VARIANCE-DEV FEES 19,305.00 19,305.00 19,000.00 ( 305.00) 101.6 101-34430 ENGINEERING & LEGAL FEES ( 1,424.60) ( 1,424.60)45,000.00 46,424.60 ( 3.2) 101-34440 BLDG PERMITS-MAIL IN FEES .00 .00 .00 .00 .0 101-34450 ON-SITE SEPTIC PROGRAM FEES 35,403.07 35,403.07 47,000.00 11,596.93 75.3 101-34460 COOP AGREEMENT-INSPECTION 483.00 483.00 .00 ( 483.00) .0 101-34610 COOP AGREEMENT-POLICE 2,522,190.37 2,522,190.37 2,773,980.00 251,789.63 90.9 101-34620 COOP AGREEMENT-ANIMAL CONTROL .00 .00 .00 .00 .0 101-34630 POLICE SPECIAL SERVICES 79,618.30 79,618.30 100,000.00 20,381.70 79.6 101-34640 FALSE ALARM FEES .00 .00 1,000.00 1,000.00 .0 101-34650 POLICE REPORTS 2,657.60 2,657.60 1,000.00 ( 1,657.60) 265.8 101-34670 POLICE RESERVE RECEIPTS 31,691.25 31,691.25 .00 ( 31,691.25) .0 101-34680 EXPLORERS PROGRAM 1,195.22 1,195.22 .00 ( 1,195.22) .0 101-34781 OFF LEASH ANNUAL PASS 177.50 177.50 .00 ( 177.50) .0 101-34783 PARK RESERVATIONS 9,370.00 9,370.00 2,000.00 ( 7,370.00) 468.5 101-34810 COOP AGREEMENT-PUBLIC WORKS 160,778.91 160,778.91 202,000.00 41,221.09 79.6 101-34812 COOP AGREEMENT-PUBLIC WORKS OT .00 .00 .00 .00 .0 101-34815 INTERDEPARTMENTAL SERVICES .00 .00 .00 .00 .0 101-34820 RECYCLING PROGRAM FEES .00 .00 .00 .00 .0 101-34830 BRUSH SITE FEES 1,682.00 1,682.00 1,000.00 ( 682.00) 168.2 TOTAL CHARGES FOR SERVICES 3,389,924.09 3,389,924.09 3,674,270.00 284,345.91 92.3 Attachment 2 - Revenue Detail CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD SEPTEMBER 30, 2 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:55PM PAGE: 3 SOURCE 35 101-35104 OTHER FINES .00 .00 .00 .00 .0 101-35105 ADMIN CITATIONS .00 .00 15,000.00 15,000.00 .0 101-35400 COURT FINES 59,519.66 59,519.66 65,000.00 5,480.34 91.6 101-35410 DRUG TASK FORCE .00 .00 .00 .00 .0 101-35420 DOG IMPOUND FEES .00 .00 .00 .00 .0 101-35620 ADMINISTRATIVE 30% SHARE .00 .00 .00 .00 .0 TOTAL SOURCE 35 59,519.66 59,519.66 80,000.00 20,480.34 74.4 MISCELLANEOUS 101-37699 UTILITY PENALTIES 16.14 16.14 .00 ( 16.14) .0 101-37910 GREEN FEES 266,485.12 266,485.12 250,000.00 ( 16,485.12) 106.6 101-37920 RENTAL-GOLF CARTS & CLUB 108,118.26 108,118.26 100,000.00 ( 8,118.26) 108.1 101-37930 BEER SALES 24,745.23 24,745.23 16,000.00 ( 8,745.23) 154.7 101-37935 POP SALES .00 .00 .00 .00 .0 101-37940 CONCESSIONS-TAXABLE 11,506.38 11,506.38 7,000.00 ( 4,506.38) 164.4 101-37950 CONCESSIONS-NONTAXABLE .00 .00 .00 .00 .0 101-37960 GOLF BALL SALES 4,766.73 4,766.73 3,000.00 ( 1,766.73) 158.9 101-37970 PRO SHOP-TAXABLE 809.47 809.47 1,000.00 190.53 81.0 101-37980 PRO SHOP-NONTAXABLE 3,570.79 3,570.79 .00 ( 3,570.79) .0 101-37985 GOLF COURSE PRINTS .00 .00 .00 .00 .0 101-37990 OTHER GOLF COURSE RECEIPTS .00 .00 .00 .00 .0 101-37999 CASH OVER/SHORT 1.00 1.00 .00 ( 1.00) .0 TOTAL MISCELLANEOUS 420,019.12 420,019.12 377,000.00 ( 43,019.12) 111.4 SOURCE 39 101-39310 INTEREST ON INVESTMENTS .00 .00 160,000.00 160,000.00 .0 101-39315 INVESTMENT DISCOUNTS/PREMIUMS .00 .00 .00 .00 .0 101-39350 INTEREST-NOW ACCOUNT 408.26 408.26 900.00 491.74 45.4 101-39610 MISCELLANEOUS REVENUE 10,783.83 10,783.83 3,000.00 ( 7,783.83) 359.5 101-39615 CONVENIENCE FEE .00 .00 .00 .00 .0 101-39620 RENT INCOME 4,050.00 4,050.00 5,400.00 1,350.00 75.0 101-39630 CONTRIBUTIONS & DONATIONS 1,100.00 1,100.00 5,000.00 3,900.00 22.0 101-39640 REFUNDS & REIMBURSEMENTS 1,686.35 1,686.35 5,000.00 3,313.65 33.7 101-39650 PAYMENTS IN LIEU OF TAXES .00 .00 .00 .00 .0 101-39670 SALE OF LAND .00 .00 .00 .00 .0 101-39680 SALE OF EQUIPMENT 275.00 275.00 30,000.00 29,725.00 .9 101-39920 RESIDUAL EQUITY TRANSFERS IN .00 .00 .00 .00 .0 101-39999 CASH OVER/SHORT .00 .00 .00 .00 .0 TOTAL SOURCE 39 18,303.44 18,303.44 209,300.00 190,996.56 8.8 TOTAL FUND REVENUE 7,935,492.27 7,935,492.27 10,993,270.00 3,057,777.73 72.2 Attachment 2 - Revenue Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:55PM PAGE: 4 NET REVENUE OVER EXPENDITURES 7,935,492.27 7,935,492.27 10,993,270.00 3,057,777.73 72.2 Attachment 2 - Revenue Detail 0% 20% 40% 60% 80% 100% 120% Q1 2019 Q1 2020 Q1 2021 Q1 2022 Q1 2023 Q2 2019 Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q3 2019 Q3 2020 Q3 2021 Q3 2022 Q3 2023 YE 2019 YE 2020 YE 2021 YE 2022 YE 2023Comparison To Budet2023 Revenue Comparisons Attachment 3 - Revenue Graph Adjusted Department Sept 30 Budget Percent Sept 30 Budget Balance Percent Mayor & Council ___-41110-___32,903 43,500 75.64%37,894 42,750 4,856 88.64% Administration ___-41300-___320,797 418,200 76.71% 347,375 493,600 146,225 70.38% Elections ___-41410-___37,490 68,370 54.83%23,468 38,800 15,332 60.49% Assessing ___-41550-___107,000 220,000 48.64% 127,000 260,000 133,000 48.85% Finance Department ___-41500-___232,603 279,150 83.33% 230,405 334,000 103,595 68.98% Law/Legal Services ___-41600-___84,324 133,000 63.40% 100,281 125,000 24,719 80.22% Central Services ___-41900-___238,404 329,700 72.31% 262,680 317,200 54,520 82.81% Human Services ___-41800-___- 12,400 0.00%9,500 12,400 2,900 76.61% Police Department ___-42110-___3,908,878 5,147,000 75.94% 4,050,071 5,592,400 1,542,329 72.42% Fire Protection ___-42260-___357,477 455,941 78.40% 741,480 718,800 (22,680) 103.16% Building & Zoning ___-42400-___566,437 786,925 71.98% 597,835 820,970 223,135 72.82% Engineering ___-43170-___16,286 20,000 81.43%28,309 20,000 (8,309) 141.55% Public Works ___-43000-___378,986 582,600 65.05% 475,084 609,500 134,416 77.95% Public Works - SP ___-43050-___127,419 92,900 137.16%80,457 98,500 18,043 81.68% Brush Site ___-43100-___38,135 28,100 135.71%24,655 43,300 18,645 56.94% Parks 101-45200-___236,904 342,350 69.20% 283,078 419,950 136,872 67.41% Special Services ___-43280-___183,229 249,200 73.53% 265,424 251,300 (14,124) 105.62% Special Projects ___-43290-___18,506 30,000 0.00%4,775 30,000 25,225 15.92% Transfer to Other Funds ___-43290-720300,000 400,000 75.00% 300,000 400,000 100,000 75.00% 7,185,778 9,639,336 74.55% 7,989,770 10,628,470 2,638,700 75.17% Quarter 2022 2023 City of Orono Expenditure Summary with Comparison to Budget For The 9 Months Ending Sept 30, 2022 - 23 Attachment 4 - Expenditure Summary CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 1 MAYOR & COUNCIL 101-41110-101 FULL-TIME EMPLOYEES REGULAR 13,650.12 13,650.12 18,200.00 4,549.88 75.0 101-41110-122 FICA 1,044.19 1,044.19 1,400.00 355.81 74.6 101-41110-151 WORKER'S COMP INSURANCE PREM 75.00 75.00 100.00 25.00 75.0 101-41110-301 AUDITING AND ACCT'G SERVICES .00 .00 .00 .00 .0 101-41110-313 IT SERVICES 750.00 750.00 1,000.00 250.00 75.0 101-41110-319 PROFESSIONAL SERVICES 4,083.25 4,083.25 5,000.00 916.75 81.7 101-41110-433 MEMBERSHIPS 13,610.00 13,610.00 13,650.00 40.00 99.7 101-41110-437 TRAINING & DEVELOPMENT 1,484.95 1,484.95 400.00 ( 1,084.95) 371.2 101-41110-439 MEETING EXPENSES 2,562.83 2,562.83 3,000.00 437.17 85.4 101-41110-489 OTHER MISCELLANEOUS CHARGES 633.80 633.80 .00 ( 633.80) .0 TOTAL MAYOR & COUNCIL 37,894.14 37,894.14 42,750.00 4,855.86 88.6 ADMINISTRATION 101-41300-101 FULL-TIME EMPLOYEES REGULAR 252,562.13 252,562.13 340,700.00 88,137.87 74.1 101-41300-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 1,300.00 1,300.00 .0 101-41300-103 PART-TIME EMPLOYEES 1,240.95 1,240.95 .00 ( 1,240.95) .0 101-41300-104 TEMPORARY/SEASONAL EMPLOYEES 2,377.50 2,377.50 23,000.00 20,622.50 10.3 101-41300-111 OTHER .00 .00 .00 .00 .0 101-41300-121 PERA 18,856.29 18,856.29 25,700.00 6,843.71 73.4 101-41300-122 FICA 19,643.54 19,643.54 27,900.00 8,256.46 70.4 101-41300-135 CITY BENEFIT CONTRIBUTION 39,759.84 39,759.84 56,000.00 16,240.16 71.0 101-41300-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-41300-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-41300-151 WORKER'S COMP INSURANCE PREM 1,650.00 1,650.00 2,200.00 550.00 75.0 101-41300-208 BOOKS & PERIODICALS .00 .00 300.00 300.00 .0 101-41300-313 IT SERVICES 5,625.00 5,625.00 7,500.00 1,875.00 75.0 101-41300-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-41300-331 TRAVEL EXPENSES 851.52 851.52 500.00 ( 351.52) 170.3 101-41300-340 GENERAL ADVERTISING 607.60 607.60 .00 ( 607.60) .0 101-41300-433 MEMBERSHIPS 440.00 440.00 1,000.00 560.00 44.0 101-41300-437 TRAINING & DEVELOPMENT 2,102.00 2,102.00 4,000.00 1,898.00 52.6 101-41300-439 MEETING EXPENSES 168.21 168.21 500.00 331.79 33.6 101-41300-489 OTHER MISCELLANEOUS CHARGES 1,490.29 1,490.29 3,000.00 1,509.71 49.7 TOTAL ADMINISTRATION 347,374.87 347,374.87 493,600.00 146,225.13 70.4 Attachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 2 ELECTIONS 101-41410-101 FULL-TIME EMPLOYEES REGULAR 15,745.17 15,745.17 22,300.00 6,554.83 70.6 101-41410-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 1,000.00 1,000.00 .0 101-41410-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-41410-121 PERA 1,180.86 1,180.86 1,700.00 519.14 69.5 101-41410-122 FICA 1,210.09 1,210.09 1,800.00 589.91 67.2 101-41410-135 CITY BENEFIT CONTRIBUTION 4,459.00 4,459.00 6,300.00 1,841.00 70.8 101-41410-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-41410-151 WORKER'S COMP INSURANCE PREM 75.00 75.00 100.00 25.00 75.0 101-41410-208 BOOKS & PERIODICALS .00 .00 .00 .00 .0 101-41410-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 2,500.00 2,500.00 .0 101-41410-240 SMALL TOOLS AND MINOR EQUIP .00 .00 1,000.00 1,000.00 .0 101-41410-313 IT SERVICES 750.00 750.00 1,000.00 250.00 75.0 101-41410-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-41410-322 POSTAGE .00 .00 .00 .00 .0 101-41410-331 TRAVEL EXPENSES .00 .00 .00 .00 .0 101-41410-340 GENERAL ADVERTISING .00 .00 .00 .00 .0 101-41410-412 BUILDING RENTALS .00 .00 .00 .00 .0 101-41410-415 OTHER EQUIPMENT RENTALS .00 .00 .00 .00 .0 101-41410-437 TRAINING & DEVELOPMENT 48.36 48.36 100.00 51.64 48.4 101-41410-439 MEETING EXPENSES .00 .00 .00 .00 .0 101-41410-489 OTHER MISCELLANEOUS CHARGES .00 .00 1,000.00 1,000.00 .0 TOTAL ELECTIONS 23,468.48 23,468.48 38,800.00 15,331.52 60.5 COMMUNICATIONS 101-41430-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0 101-41430-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0 101-41430-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-41430-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-41430-121 PERA .00 .00 .00 .00 .0 101-41430-122 FICA .00 .00 .00 .00 .0 101-41430-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0 101-41430-151 WORKER'S COMP INSURANCE PREM .00 .00 .00 .00 .0 101-41430-313 IT SERVICES .00 .00 .00 .00 .0 101-41430-315 WEBSITE HOSTING .00 .00 .00 .00 .0 101-41430-322 POSTAGE .00 .00 .00 .00 .0 101-41430-325 NEWSLETTERS .00 .00 .00 .00 .0 101-41430-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0 101-41430-416 SOFTWARE LICENSING .00 .00 .00 .00 .0 TOTAL COMMUNICATIONS .00 .00 .00 .00 .0 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 3 FINANCE DEPARTMENT 101-41500-101 FULL-TIME EMPLOYEES REGULAR 166,662.64 166,662.64 235,400.00 68,737.36 70.8 101-41500-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 200.00 200.00 .0 101-41500-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-41500-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-41500-121 PERA 12,234.72 12,234.72 17,700.00 5,465.28 69.1 101-41500-122 FICA 11,487.46 11,487.46 18,000.00 6,512.54 63.8 101-41500-135 CITY BENEFIT CONTRIBUTION 30,300.25 30,300.25 50,400.00 20,099.75 60.1 101-41500-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-41500-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-41500-151 WORKER'S COMP INSURANCE PREM 1,200.00 1,200.00 1,600.00 400.00 75.0 101-41500-208 BOOKS & PERIODICALS 65.00 65.00 .00 ( 65.00) .0 101-41500-301 AUDITING AND ACCT'G SERVICES 500.00 500.00 .00 ( 500.00) .0 101-41500-313 IT SERVICES 4,875.00 4,875.00 6,500.00 1,625.00 75.0 101-41500-331 TRAVEL EXPENSES .00 .00 200.00 200.00 .0 101-41500-433 MEMBERSHIPS 240.00 240.00 500.00 260.00 48.0 101-41500-437 TRAINING & DEVELOPMENT 2,840.00 2,840.00 3,500.00 660.00 81.1 TOTAL FINANCE DEPARTMENT 230,405.07 230,405.07 334,000.00 103,594.93 69.0 ASSESSING 101-41550-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-41550-302 ASSESSING SERVICES 127,000.00 127,000.00 260,000.00 133,000.00 48.9 TOTAL ASSESSING 127,000.00 127,000.00 260,000.00 133,000.00 48.9 LAW/LEGAL SERVICES 101-41600-305 LEGAL-REPRESENTATION .00 .00 .00 .00 .0 101-41600-306 LEGAL-PROSECUTION 30,300.64 30,300.64 40,000.00 9,699.36 75.8 101-41600-307 LEGAL-CONSULTING 70,006.04 70,006.04 75,000.00 4,993.96 93.3 101-41600-308 CODE ENFORCEMENT .00 .00 4,000.00 4,000.00 .0 101-41600-309 JAIL CHARGES (25.76)( 25.76)6,000.00 6,025.76 ( .4) TOTAL LAW/LEGAL SERVICES 100,280.92 100,280.92 125,000.00 24,719.08 80.2 HUMAN SERVICES 101-41800-490 CONTRIBUTIONS TO CIVIC ORG'S 9,500.00 9,500.00 12,400.00 2,900.00 76.6 TOTAL HUMAN SERVICES 9,500.00 9,500.00 12,400.00 2,900.00 76.6 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 4 CENTRAL SERVICES 101-41900-103 PART-TIME EMPLOYEES 13,839.54 13,839.54 18,900.00 5,060.46 73.2 101-41900-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-41900-121 PERA .00 .00 .00 .00 .0 101-41900-122 FICA 1,304.71 1,304.71 1,400.00 95.29 93.2 101-41900-135 CITY BENEFIT CONTRIBUTION 666.06 666.06 700.00 33.94 95.2 101-41900-151 WORKER'S COMP INSURANCE PREM 900.00 900.00 1,200.00 300.00 75.0 101-41900-201 OFFICE SUPPLIES 3,646.36 3,646.36 11,000.00 7,353.64 33.2 101-41900-221 EQUIPMENT PARTS & ACCESSORIES 3,994.11 3,994.11 1,000.00 ( 2,994.11) 399.4 101-41900-223 BLDG/GROUNDS MAINT. SUPPLIES 8,044.45 8,044.45 6,000.00 ( 2,044.45) 134.1 101-41900-301 AUDITING AND ACCT'G SERVICES 29,000.00 29,000.00 30,000.00 1,000.00 96.7 101-41900-310 LOGIS-APPLICATIONS .00 .00 .00 .00 .0 101-41900-311 DATA PROCESSING COMMUNICATION .00 .00 .00 .00 .0 101-41900-312 BANK FEES 3,723.20 3,723.20 1,000.00 ( 2,723.20) 372.3 101-41900-313 IT SERVICES 45,000.00 45,000.00 60,000.00 15,000.00 75.0 101-41900-314 FLEET SERVICES .00 .00 .00 .00 .0 101-41900-319 PROFESSIONAL SERVICES 12,062.97 12,062.97 8,000.00 ( 4,062.97) 150.8 101-41900-321 TELEPHONE 14,366.22 14,366.22 16,000.00 1,633.78 89.8 101-41900-322 POSTAGE 3,683.14 3,683.14 5,500.00 1,816.86 67.0 101-41900-329 INTERNET/OTHER COMMUNICATIONS .00 .00 .00 .00 .0 101-41900-340 GENERAL ADVERTISING 3,258.31 3,258.31 .00 ( 3,258.31) .0 101-41900-352 PRINTING & PUBLISHING 16,477.68 16,477.68 22,000.00 5,522.32 74.9 101-41900-361 GENERAL LIABILITY INS 9,000.00 9,000.00 12,000.00 3,000.00 75.0 101-41900-362 UMBRELLA LIABILITY INS 12,750.00 12,750.00 17,000.00 4,250.00 75.0 101-41900-363 BONDS INSURANCE 750.00 750.00 1,000.00 250.00 75.0 101-41900-364 MONEYS & SECURITIES INS .00 .00 .00 .00 .0 101-41900-365 BOILER & MACHINERY INS .00 .00 .00 .00 .0 101-41900-366 PROPERTY INSURANCE 12,000.00 12,000.00 16,000.00 4,000.00 75.0 101-41900-367 EQUIPMENT FLOATERS INS .00 .00 .00 .00 .0 101-41900-368 AUTOMOTIVE INSURANCE 3,750.00 3,750.00 5,000.00 1,250.00 75.0 101-41900-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0 101-41900-381 GAS & ELECTRIC 33,829.49 33,829.49 34,000.00 170.51 99.5 101-41900-382 WATER UTILITIES 4,962.31 4,962.31 7,500.00 2,537.69 66.2 101-41900-401 REPAIRS/MAINT-OFFICE EQUIP 6,482.31 6,482.31 500.00 ( 5,982.31) 1296.5 101-41900-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0 101-41900-404 REPAIRS/MAINT-BLDGS/GROUNDS 20,856.84 20,856.84 40,000.00 19,143.16 52.1 101-41900-407 JANITORIAL SERVICES 130.42 130.42 .00 ( 130.42) .0 101-41900-413 OFFICE EQUIPMENT RENTAL .00 .00 .00 .00 .0 101-41900-416 SOFTWARE LICENSING 119.88 119.88 .00 ( 119.88) .0 101-41900-440 SPECIAL EQUIPMENT REPLACEMENT .00 .00 .00 .00 .0 101-41900-441 LICENSES & TAXES .00 .00 500.00 500.00 .0 101-41900-489 OTHER MISCELLANEOUS CHARGES 533.69 533.69 1,000.00 466.31 53.4 101-41900-512 SPEC ASSMTS ON LAND & INT .00 .00 .00 .00 .0 101-41900-750 INTEREST ON SPECIAL ASSMNTS .00 .00 .00 .00 .0 TOTAL CENTRAL SERVICES 265,131.69 265,131.69 317,200.00 52,068.31 83.6 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 5 POLICE DEPARTMENT 101-42110-101 FULL-TIME EMPLOYEES REGULAR 2,158,992.37 2,158,992.37 3,086,000.00 927,007.63 70.0 101-42110-102 FULL-TIME EMPLOYEES OVERTIME 101,467.36 101,467.36 50,000.00 ( 51,467.36) 202.9 101-42110-103 PART-TIME EMPLOYEES 90,324.43 90,324.43 80,000.00 ( 10,324.43) 112.9 101-42110-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-42110-105 SPECIALTY PAY 9,587.80 9,587.80 .00 ( 9,587.80) .0 101-42110-106 CSO/CADETS .00 .00 .00 .00 .0 101-42110-121 PERA 383,881.56 383,881.56 527,200.00 143,318.44 72.8 101-42110-122 FICA 45,327.71 45,327.71 63,600.00 18,272.29 71.3 101-42110-135 CITY BENEFIT CONTRIBUTION 337,240.47 337,240.47 442,900.00 105,659.53 76.1 101-42110-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-42110-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-42110-151 WORKER'S COMP INSURANCE PREM 191,625.00 191,625.00 255,500.00 63,875.00 75.0 101-42110-201 OFFICE SUPPLIES 3,085.95 3,085.95 10,000.00 6,914.05 30.9 101-42110-208 BOOKS & PERIODICALS 290.24 290.24 1,000.00 709.76 29.0 101-42110-212 MOTOR FUELS & LUBRICANTS 83,833.14 83,833.14 140,000.00 56,166.86 59.9 101-42110-221 EQUIPMENT PARTS & ACCESSORIES 4,638.53 4,638.53 15,000.00 10,361.47 30.9 101-42110-223 BLDG/GROUNDS MAINT. SUPPLIES 8.59 8.59 .00 ( 8.59) .0 101-42110-226 CLOTHING & PERSONAL EQUIPMENT 30,140.91 30,140.91 30,000.00 ( 140.91) 100.5 101-42110-228 TRAINING SUPPLIES 20,869.83 20,869.83 20,000.00 ( 869.83) 104.4 101-42110-229 EXPLORERS PROGRAM EXPENSES 2,193.75 2,193.75 2,500.00 306.25 87.8 101-42110-230 ANIMAL SUPPLIES 138.79 138.79 .00 ( 138.79) .0 101-42110-240 SMALL TOOLS AND MINOR EQUIP 5,612.80 5,612.80 6,000.00 387.20 93.6 101-42110-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0 101-42110-307 LEGAL-CONSULTING 1,241.00 1,241.00 8,000.00 6,759.00 15.5 101-42110-310 LOGIS-APPLICATIONS 82,371.00 82,371.00 162,000.00 79,629.00 50.9 101-42110-311 DATA PROCESSING COMMUNICATION 6,305.15 6,305.15 10,000.00 3,694.85 63.1 101-42110-313 IT SERVICES 78,750.00 78,750.00 105,000.00 26,250.00 75.0 101-42110-314 FLEET SERVICES .00 .00 .00 .00 .0 101-42110-317 ANIMAL CARE 210.37 210.37 2,500.00 2,289.63 8.4 101-42110-318 ANIMAL PROFESSIONAL SERVICES 168.49 168.49 .00 ( 168.49) .0 101-42110-319 PROFESSIONAL SERVICES 41,301.18 41,301.18 25,000.00 ( 16,301.18) 165.2 101-42110-321 TELEPHONE 13,036.99 13,036.99 24,000.00 10,963.01 54.3 101-42110-322 POSTAGE 39.50 39.50 800.00 760.50 4.9 101-42110-329 INTERNET/OTHER COMMUNICATIONS .00 .00 .00 .00 .0 101-42110-331 TRAVEL EXPENSES 234.49 234.49 300.00 65.51 78.2 101-42110-340 GENERAL ADVERTISING .00 .00 .00 .00 .0 101-42110-352 PRINTING & PUBLISHING 750.80 750.80 1,500.00 749.20 50.1 101-42110-361 GENERAL LIABILITY INS 52,500.00 52,500.00 70,000.00 17,500.00 75.0 101-42110-362 UMBRELLA LIABILITY INS 22,500.00 22,500.00 30,000.00 7,500.00 75.0 101-42110-366 PROPERTY INSURANCE 975.00 975.00 1,300.00 325.00 75.0 101-42110-367 EQUIPMENT FLOATERS INS .00 .00 .00 .00 .0 101-42110-368 AUTOMOTIVE INSURANCE 15,750.00 15,750.00 21,000.00 5,250.00 75.0 101-42110-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0 101-42110-379 INSURANCE DEDUCTIBLES .00 .00 .00 .00 .0 101-42110-381 GAS & ELECTRIC 17,141.30 17,141.30 20,000.00 2,858.70 85.7 101-42110-382 WATER UTILITIES 2,691.71 2,691.71 3,000.00 308.29 89.7 101-42110-401 REPAIRS/MAINT-OFFICE EQUIP .00 .00 1,000.00 1,000.00 .0 101-42110-402 REPAIRS/MAINT-AUTO EQUIP 21,890.65 21,890.65 40,000.00 18,109.35 54.7 101-42110-403 REPAIRS/MAINT-MISC. EQUIP 4,171.32 4,171.32 5,500.00 1,328.68 75.8 101-42110-404 REPAIRS/MAINT-BLDGS/GROUNDS 624.00 624.00 15,000.00 14,376.00 4.2 101-42110-407 JANITORIAL SERVICES 967.48 967.48 15,000.00 14,032.52 6.5 101-42110-413 OFFICE EQUIPMENT RENTAL .00 .00 .00 .00 .0 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 6 101-42110-414 EDP/COMMUNICATIONS EQUIP RENT 26,505.52 26,505.52 30,000.00 3,494.48 88.4 101-42110-416 SOFTWARE LICENSING 298.56 298.56 .00 ( 298.56) .0 101-42110-433 MEMBERSHIPS 7,231.54 7,231.54 5,000.00 ( 2,231.54) 144.6 101-42110-436 TOWING CHARGES 1,725.34 1,725.34 .00 ( 1,725.34) .0 101-42110-437 TRAINING & DEVELOPMENT 33,411.33 33,411.33 40,000.00 6,588.67 83.5 101-42110-438 DISTRIBUTION TO OTHER GOVMNTS .00 .00 .00 .00 .0 101-42110-439 MEETING EXPENSES 1,189.76 1,189.76 2,000.00 810.24 59.5 101-42110-440 SPECIAL EQUIPMENT REPLACEMENT 18,980.70 18,980.70 .00 ( 18,980.70) .0 101-42110-441 LICENSES & TAXES 126.28 126.28 1,300.00 1,173.72 9.7 101-42110-489 OTHER MISCELLANEOUS CHARGES 182.45 182.45 2,500.00 2,317.55 7.3 101-42110-520 BUILDINGS AND STRUCTURES .00 .00 .00 .00 .0 101-42110-550 AUTOMOTIVE EQUIPMENT 46,063.43 46,063.43 200,000.00 153,936.57 23.0 101-42110-560 FURNITURE AND FIXTURES .00 .00 .00 .00 .0 101-42110-570 OFFICE EQUIP AND FURNISHINGS .00 .00 .00 .00 .0 101-42110-575 IT HARDWARE & APPLICATIONS 29,312.90 29,312.90 .00 ( 29,312.90) .0 101-42110-580 OTHER EQUIPMENT 10,756.21 10,756.21 21,000.00 10,243.79 51.2 TOTAL POLICE DEPARTMENT 4,008,663.68 4,008,663.68 5,592,400.00 1,583,736.32 71.7 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 7 FIRE PROTECTION SERVICES 101-42260-101 FULL-TIME EMPLOYEES REGULAR 85,141.60 85,141.60 120,100.00 34,958.40 70.9 101-42260-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0 101-42260-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-42260-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-42260-107 POC FIRE FIGHTERS .00 .00 .00 .00 .0 101-42260-121 PERA 15,070.01 15,070.01 21,300.00 6,229.99 70.8 101-42260-122 FICA 1,211.04 1,211.04 1,700.00 488.96 71.2 101-42260-135 CITY BENEFIT CONTRIBUTION 8,249.09 8,249.09 21,000.00 12,750.91 39.3 101-42260-151 WORKER'S COMP INSURANCE PREM .00 .00 10,700.00 10,700.00 .0 101-42260-201 OFFICE SUPPLIES .00 .00 .00 .00 .0 101-42260-203 PRINTED FORMS AND PAPER .00 .00 .00 .00 .0 101-42260-208 PUBLIC SAFETY ED MATERIALS .00 .00 .00 .00 .0 101-42260-212 MOTOR FUELS & LUBRICANTS 72.59 72.59 .00 ( 72.59) .0 101-42260-215 SHOP SUPPLIES .00 .00 .00 .00 .0 101-42260-216 CHEMICALS .00 .00 .00 .00 .0 101-42260-219 MEDICAL SUPPLIES .00 .00 .00 .00 .0 101-42260-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 .00 .00 .0 101-42260-223 BLDG/GROUNDS MAINT. SUPPLIES .00 .00 .00 .00 .0 101-42260-226 CLOTHING & PERSONAL EQUIPMENT 679.75 679.75 .00 ( 679.75) .0 101-42260-228 TRAINING SUPPLIES .00 .00 .00 .00 .0 101-42260-240 SMALL TOOLS AND MINOR EQUIP .00 .00 .00 .00 .0 101-42260-305 MEDICALS .00 .00 .00 .00 .0 101-42260-307 LEGAL-CONSULTING .00 .00 .00 .00 .0 101-42260-310 TURN OUT GEAR WASHING-REPAIR .00 .00 .00 .00 .0 101-42260-313 IT SERVICES .00 .00 .00 .00 .0 101-42260-314 FLEET SERVICES .00 .00 .00 .00 .0 101-42260-318 FIRE SERVICES 453,982.75 453,982.75 544,000.00 90,017.25 83.5 101-42260-319 PROFESSIONAL SERVICES 649.55 649.55 .00 ( 649.55) .0 101-42260-321 TELEPHONE .00 .00 .00 .00 .0 101-42260-331 TRAVEL EXPENSES .00 .00 .00 .00 .0 101-42260-340 GENERAL ADVERTISING 1,089.00 1,089.00 .00 ( 1,089.00) .0 101-42260-361 GENERAL LIABILITY INS .00 .00 .00 .00 .0 101-42260-362 UMBRELLA LIABILITY INS .00 .00 .00 .00 .0 101-42260-366 PROPERTY INSURANCE .00 .00 .00 .00 .0 101-42260-367 EQUIPMENT FLOATERS INS .00 .00 .00 .00 .0 101-42260-368 AUTOMOTIVE INSURANCE .00 .00 .00 .00 .0 101-42260-381 GAS & ELECTRIC .00 .00 .00 .00 .0 101-42260-382 WATER UTILITIES .00 .00 .00 .00 .0 101-42260-401 REPAIRS/MAINT-OFFICE EQUIP .00 .00 .00 .00 .0 101-42260-402 REPAIRS/MAINT-AUTO EQUIP .00 .00 .00 .00 .0 101-42260-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0 101-42260-414 EDP/COMMUNICATIONS EQUIP RENT .00 .00 .00 .00 .0 101-42260-433 MEMBERSHIPS 200.00 200.00 .00 ( 200.00) .0 101-42260-437 TRAINING & DEVELOPMENT 6,782.08 6,782.08 .00 ( 6,782.08) .0 101-42260-439 MEETING EXPENSES .00 .00 .00 .00 .0 101-42260-441 LICENSES & TAXES .00 .00 .00 .00 .0 101-42260-489 OTHER MISCELLANEOUS CHARGES 1,915.70 1,915.70 .00 ( 1,915.70) .0 TOTAL FIRE PROTECTION SERVICES 575,043.16 575,043.16 718,800.00 143,756.84 80.0 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 8 BUILDING & ZONING 101-42400-101 FULL-TIME EMPLOYEES REGULAR 393,761.70 393,761.70 530,700.00 136,938.30 74.2 101-42400-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 200.00 200.00 .0 101-42400-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-42400-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-42400-121 PERA 29,532.12 29,532.12 39,800.00 10,267.88 74.2 101-42400-122 FICA 29,713.10 29,713.10 40,600.00 10,886.90 73.2 101-42400-135 CITY BENEFIT CONTRIBUTION 85,410.00 85,410.00 116,200.00 30,790.00 73.5 101-42400-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-42400-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-42400-151 WORKER'S COMP INSURANCE PREM 2,850.00 2,850.00 3,800.00 950.00 75.0 101-42400-208 BOOKS & PERIODICALS .00 .00 420.00 420.00 .0 101-42400-212 MOTOR FUELS & LUBRICANTS .00 .00 .00 .00 .0 101-42400-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 500.00 500.00 .0 101-42400-226 CLOTHING & PERSONAL EQUIPMENT .00 .00 500.00 500.00 .0 101-42400-240 SMALL TOOLS AND MINOR EQUIP .00 .00 500.00 500.00 .0 101-42400-304 ENGINEERING-CONSULTING 11,155.00 11,155.00 1,000.00 ( 10,155.00) 1115.5 101-42400-305 GIS/MAPPING 3,485.50 3,485.50 2,000.00 ( 1,485.50) 174.3 101-42400-307 LEGAL-CONSULTING 6,769.20 6,769.20 15,000.00 8,230.80 45.1 101-42400-310 INSPECTION SERVICES 2,292.58 2,292.58 20,000.00 17,707.42 11.5 101-42400-312 BANK FEES .00 .00 .00 .00 .0 101-42400-313 IT SERVICES 21,000.00 21,000.00 28,000.00 7,000.00 75.0 101-42400-314 FLEET SERVICES .00 .00 1,000.00 1,000.00 .0 101-42400-319 PROFESSIONAL SERVICES 3,354.75 3,354.75 3,500.00 145.25 95.9 101-42400-321 TELEPHONE 1,489.38 1,489.38 2,500.00 1,010.62 59.6 101-42400-331 TRAVEL EXPENSES 40.73 40.73 250.00 209.27 16.3 101-42400-340 GENERAL ADVERTISING 566.20 566.20 1,600.00 1,033.80 35.4 101-42400-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0 101-42400-402 REPAIRS/MAINT-AUTO EQUIP .00 .00 .00 .00 .0 101-42400-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0 101-42400-415 OTHER EQUIPMENT RENTALS .00 .00 .00 .00 .0 101-42400-416 SOFTWARE LICENSING 4,186.41 4,186.41 .00 ( 4,186.41) .0 101-42400-433 MEMBERSHIPS .00 .00 1,800.00 1,800.00 .0 101-42400-437 TRAINING & DEVELOPMENT 2,218.39 2,218.39 11,000.00 8,781.61 20.2 101-42400-439 MEETING EXPENSES 9.92 9.92 100.00 90.08 9.9 101-42400-441 LICENSES & TAXES .00 .00 .00 .00 .0 TOTAL BUILDING & ZONING 597,834.98 597,834.98 820,970.00 223,135.02 72.8 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 9 PUBLIC WORKS DEPARTMENT 101-43000-101 FULL-TIME EMPLOYEES REGULAR 135,668.47 135,668.47 177,400.00 41,731.53 76.5 101-43000-102 FULL-TIME EMPLOYEES OVERTIME 4,557.16 4,557.16 11,000.00 6,442.84 41.4 101-43000-121 PERA 9,607.42 9,607.42 13,000.00 3,392.58 73.9 101-43000-122 FICA 9,491.60 9,491.60 14,300.00 4,808.40 66.4 101-43000-135 CITY BENEFIT CONTRIBUTION 20,161.08 20,161.08 32,000.00 11,838.92 63.0 101-43000-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-43000-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-43000-151 WORKER'S COMP INSURANCE PREM 8,250.00 8,250.00 11,000.00 2,750.00 75.0 101-43000-208 BOOKS & PERIODICALS 236.50 236.50 .00 ( 236.50) .0 101-43000-212 MOTOR FUELS & LUBRICANTS 373.33 373.33 .00 ( 373.33) .0 101-43000-221 EQUIPMENT PARTS & ACCESSORIES 3,322.09 3,322.09 1,000.00 ( 2,322.09) 332.2 101-43000-222 VEHICLE EQUIPMENT & PARTS 4,816.63 4,816.63 .00 ( 4,816.63) .0 101-43000-224 STREET MAINT. MATERIALS/SUPPLY 67,273.99 67,273.99 84,000.00 16,726.01 80.1 101-43000-226 CLOTHING & PERSONAL EQUIPMENT 5,295.94 5,295.94 10,000.00 4,704.06 53.0 101-43000-240 SMALL TOOLS AND MINOR EQUIP 7,525.63 7,525.63 4,000.00 ( 3,525.63) 188.1 101-43000-304 PW ENGINEERING-CONSULTING 297.00 297.00 800.00 503.00 37.1 101-43000-305 GIS/MAPPING 621.00 621.00 800.00 179.00 77.6 101-43000-313 IT SERVICES 3,375.00 3,375.00 4,500.00 1,125.00 75.0 101-43000-314 FLEET SERVICES 75,000.00 75,000.00 100,000.00 25,000.00 75.0 101-43000-319 PROFESSIONAL SERVICES 1,903.60 1,903.60 .00 ( 1,903.60) .0 101-43000-321 TELEPHONE 5,991.56 5,991.56 1,000.00 ( 4,991.56) 599.2 101-43000-331 TRAVEL EXPENSES .00 .00 .00 .00 .0 101-43000-340 GENERAL ADVERTISING .00 .00 .00 .00 .0 101-43000-381 GAS & ELECTRIC 3,970.94 3,970.94 4,200.00 229.06 94.6 101-43000-386 STREET LIGHTING 24,960.54 24,960.54 30,000.00 5,039.46 83.2 101-43000-402 REPAIRS/MAINT-AUTO EQUIP 95.96 95.96 .00 ( 95.96) .0 101-43000-403 REPAIRS/MAINT-MISC. EQUIP 12,022.85 12,022.85 .00 ( 12,022.85) .0 101-43000-404 REPAIRS/MAINT-BLDGS/GROUNDS 3,217.69 3,217.69 .00 ( 3,217.69) .0 101-43000-408 CONTRACTED STREET MAINT.47,088.96 47,088.96 80,000.00 32,911.04 58.9 101-43000-409 OFFICE EQUIPMENT RENTAL .00 .00 .00 .00 .0 101-43000-414 EDP/COMMUNICATIONS EQUIP RENT 296.89 296.89 2,400.00 2,103.11 12.4 101-43000-415 OTHER EQUIPMENT RENTALS 2,621.82 2,621.82 4,000.00 1,378.18 65.6 101-43000-416 SOFTWARE LICENSING .00 .00 .00 .00 .0 101-43000-433 MEMBERSHIPS 238.75 238.75 300.00 61.25 79.6 101-43000-437 TRAINING & DEVELOPMENT 8,488.60 8,488.60 3,000.00 ( 5,488.60) 283.0 101-43000-441 LICENSES & TAXES 270.34 270.34 300.00 29.66 90.1 101-43000-489 OTHER MISCELLANEOUS CHARGES 8,042.54 8,042.54 500.00 ( 7,542.54) 1608.5 101-43000-590 STREET CONSTRUCTION .00 .00 20,000.00 20,000.00 .0 TOTAL PUBLIC WORKS DEPARTMENT 475,083.88 475,083.88 609,500.00 134,416.12 78.0 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 10 PUBLIC WORKS - SPRING PARK 101-43050-101 FULL-TIME EMPLOYEES REGULAR 55,042.15 55,042.15 67,900.00 12,857.85 81.1 101-43050-102 FULL-TIME EMPLOYEES OVERTIME 2,817.85 2,817.85 .00 ( 2,817.85) .0 101-43050-121 PERA 4,732.35 4,732.35 5,100.00 367.65 92.8 101-43050-122 FICA 4,669.68 4,669.68 5,200.00 530.32 89.8 101-43050-135 CITY BENEFIT CONTRIBUTION 9,124.80 9,124.80 13,700.00 4,575.20 66.6 101-43050-151 WORKER'S COMP INSURANCE PREM .00 .00 5,100.00 5,100.00 .0 101-43050-224 STREET MAINT. MATERIALS/SUPPLY .00 .00 .00 .00 .0 101-43050-227 UTILITY SYSTEM MAINT. SUPPLIES 1,432.80 1,432.80 .00 ( 1,432.80) .0 101-43050-313 IT SERVICES .00 .00 500.00 500.00 .0 101-43050-314 FLEET SERVICES 750.00 750.00 1,000.00 250.00 75.0 101-43050-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-43050-489 OTHER MISCELLANEOUS CHARGES 1,886.95 1,886.95 .00 ( 1,886.95) .0 TOTAL PUBLIC WORKS - SPRING PARK 80,456.58 80,456.58 98,500.00 18,043.42 81.7 BRUSH SITE 101-43100-104 TEMPORARY/SEASONAL EMPLOYEES 8,163.35 8,163.35 10,800.00 2,636.65 75.6 101-43100-121 PERA 612.28 612.28 .00 ( 612.28) .0 101-43100-122 FICA 624.55 624.55 800.00 175.45 78.1 101-43100-151 WORKER'S COMP INSURANCE PREM .00 .00 700.00 700.00 .0 101-43100-223 BLDG/GROUNDS MAINT. SUPPLIES 555.00 555.00 250.00 ( 305.00) 222.0 101-43100-312 BANK FEES .43 .43 .00 ( .43) .0 101-43100-313 IT SERVICES 187.50 187.50 250.00 62.50 75.0 101-43100-321 TELEPHONE 1,068.39 1,068.39 500.00 ( 568.39) 213.7 101-43100-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0 101-43100-361 GENERAL LIABILITY INS .00 .00 .00 .00 .0 101-43100-381 GAS & ELECTRIC 283.62 283.62 .00 ( 283.62) .0 101-43100-404 REPAIRS/MAINT-BLDGS/GROUNDS 203.77 203.77 30,000.00 29,796.23 .7 101-43100-415 OTHER EQUIPMENT RENTALS 511.17 511.17 .00 ( 511.17) .0 101-43100-489 OTHER MISCELLANEOUS CHARGES 12,445.00 12,445.00 .00 ( 12,445.00) .0 TOTAL BRUSH SITE 24,655.06 24,655.06 43,300.00 18,644.94 56.9 ENGINEERING 101-43170-303 ENGINEERING-RETAINER .00 .00 .00 .00 .0 101-43170-304 ENGINEERING-CONSULTING 3,220.00 3,220.00 5,000.00 1,780.00 64.4 101-43170-305 GIS/MAPPING 25,089.00 25,089.00 15,000.00 ( 10,089.00) 167.3 TOTAL ENGINEERING 28,309.00 28,309.00 20,000.00 ( 8,309.00) 141.6 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 11 RECYCLING PICK-UP PROGRAM 101-43270-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0 101-43270-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0 101-43270-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-43270-104 TEMPORARY EMPLOYEES REGULAR .00 .00 .00 .00 .0 101-43270-121 PERA .00 .00 .00 .00 .0 101-43270-122 FICA .00 .00 .00 .00 .0 101-43270-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0 101-43270-151 WORKER'S COMP INSURANCE PREM .00 .00 .00 .00 .0 101-43270-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 .00 .00 .0 101-43270-316 CONTRACT RECYCLING PICKUP .00 .00 .00 .00 .0 101-43270-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-43270-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0 101-43270-442 SPRING,FALL,X-MAS CLEANUP .00 .00 .00 .00 .0 101-43270-444 ORGANICS RECYCLING .00 .00 .00 .00 .0 TOTAL RECYCLING PICK-UP PROGRAM .00 .00 .00 .00 .0 SPECIAL SERVICES 101-43280-102 FULL-TIME EMPLOYEES OVERTIME 37,392.87 37,392.87 35,000.00 ( 2,392.87) 106.8 101-43280-121 PERA 6,229.44 6,229.44 2,600.00 ( 3,629.44) 239.6 101-43280-122 FICA 460.38 460.38 2,700.00 2,239.62 17.1 101-43280-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0 101-43280-151 WORKER'S COMP INSURANCE PREM 750.00 750.00 1,000.00 250.00 75.0 101-43280-228 TRAINING SUPPLIES .00 .00 .00 .00 .0 101-43280-304 ENGINEERING-CONSULTING 8,197.75 8,197.75 70,000.00 61,802.25 11.7 101-43280-307 LEGAL-CONSULTING 7,010.30 7,010.30 20,000.00 12,989.70 35.1 101-43280-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-43280-437 TRAINING & DEVELOPMENT .00 .00 .00 .00 .0 101-43280-438 DISTRIBUTION TO OTHER GOVMNTS 205,383.13 205,383.13 120,000.00 ( 85,383.13) 171.2 101-43280-489 OTHER MISCELLANEOUS CHARGES .00 .00 .00 .00 .0 101-43280-800 SPECIAL PROJECTS, CONTINGENCY .00 .00 .00 .00 .0 TOTAL SPECIAL SERVICES 265,423.87 265,423.87 251,300.00 ( 14,123.87) 105.6 SPECIAL PROJECTS-CONTINGENCIES 101-43290-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0 101-43290-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0 101-43290-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-43290-489 OTHER MISCELLANEOUS CHARGES .00 .00 .00 .00 .0 101-43290-510 LAND .00 .00 .00 .00 .0 101-43290-720 OPERATING TRANSFERS 300,000.00 300,000.00 400,000.00 100,000.00 75.0 101-43290-800 SPECIAL PROJECTS, CONTINGENCY 4,775.00 4,775.00 30,000.00 25,225.00 15.9 TOTAL SPECIAL PROJECTS-CONTINGENCIES 304,775.00 304,775.00 430,000.00 125,225.00 70.9 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 12 PARKS 101-45200-101 FULL-TIME EMPLOYEES REGULAR 127,965.27 127,965.27 177,800.00 49,834.73 72.0 101-45200-102 FULL-TIME EMPLOYEES OVERTIME 675.87 675.87 .00 ( 675.87) .0 101-45200-103 PART-TIME EMPLOYEES 12,014.91 12,014.91 18,900.00 6,885.09 63.6 101-45200-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 16,700.00 16,700.00 .0 101-45200-121 PERA 8,306.87 8,306.87 13,400.00 5,093.13 62.0 101-45200-122 FICA 9,384.32 9,384.32 16,300.00 6,915.68 57.6 101-45200-135 CITY BENEFIT CONTRIBUTION 16,548.90 16,548.90 24,900.00 8,351.10 66.5 101-45200-151 WORKER'S COMP INSURANCE PREM 11,325.00 11,325.00 15,100.00 3,775.00 75.0 101-45200-212 MOTOR FUELS & LUBRICANTS 150.59 150.59 300.00 149.41 50.2 101-45200-216 CHEMICALS 2,735.63 2,735.63 7,500.00 4,764.37 36.5 101-45200-221 EQUIPMENT PARTS & ACCESSORIES 6,723.10 6,723.10 3,400.00 ( 3,323.10) 197.7 101-45200-223 BUILDING MAINT SUPPLIES 3,262.63 3,262.63 15,000.00 11,737.37 21.8 101-45200-226 CLOTHING & PERSONAL EQUIPMENT 1,857.58 1,857.58 1,000.00 ( 857.58) 185.8 101-45200-240 SMALL TOOLS AND MINOR EQUIP 600.00 600.00 2,000.00 1,400.00 30.0 101-45200-304 ENGINEERING-CONSULTING 18,428.00 18,428.00 1,000.00 ( 17,428.00) 1842.8 101-45200-305 GIS/MAPPING .00 .00 500.00 500.00 .0 101-45200-313 IT SERVICES 900.00 900.00 1,200.00 300.00 75.0 101-45200-314 FLEET SERVICES 4,950.00 4,950.00 6,600.00 1,650.00 75.0 101-45200-319 PROFESSIONAL SERVICES 3,875.25 3,875.25 1,600.00 ( 2,275.25) 242.2 101-45200-321 TELEPHONE 1,066.98 1,066.98 1,000.00 ( 66.98) 106.7 101-45200-331 TRAVEL EXPENSES .00 .00 .00 .00 .0 101-45200-352 PRINTING & PUBLISHING .00 .00 450.00 450.00 .0 101-45200-381 GAS & ELECTRIC 582.50 582.50 600.00 17.50 97.1 101-45200-386 LIGHTING .00 .00 .00 .00 .0 101-45200-402 REPAIRS/MAINT-AUTO EQUIP 22.02 22.02 .00 ( 22.02) .0 101-45200-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0 101-45200-404 REPAIRS/MAINT-BLDGS/GROUNDS 46,190.18 46,190.18 73,000.00 26,809.82 63.3 101-45200-415 OTHER EQUIPMENT RENTALS 5,333.33 5,333.33 9,000.00 3,666.67 59.3 101-45200-416 SOFTWARE LICENSING .00 .00 .00 .00 .0 101-45200-437 TRAINING & DEVELOPMENT 83.99 83.99 1,000.00 916.01 8.4 101-45200-439 MEETING EXPENSES .00 .00 .00 .00 .0 101-45200-441 LICENSES & TAXES 31.00 31.00 500.00 469.00 6.2 101-45200-488 PARK COMMISSION 64.20 64.20 11,000.00 10,935.80 .6 101-45200-489 OTHER MISCELLANEOUS CHARGES .00 .00 200.00 200.00 .0 101-45200-490 CONTRIBUTIONS TO CIVIC ORG'S .00 .00 .00 .00 .0 TOTAL PARKS 283,078.12 283,078.12 419,950.00 136,871.88 67.4 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 13 GOLF COURSE 101-45210-090 PURCHASES FOR RESALE .00 .00 .00 .00 .0 101-45210-091 BEER FOR RESALE 8,975.87 8,975.87 .00 ( 8,975.87) .0 101-45210-092 SOFT DRINKS FOR RESALE (767.76) ( 767.76)3,600.00 4,367.76 ( 21.3) 101-45210-093 CONCESSIONS FOR RESALE-TXBL 5,514.18 5,514.18 1,500.00 ( 4,014.18) 367.6 101-45210-094 CONCESSIONS FOR RESALE-NONTAX 528.94 528.94 2,300.00 1,771.06 23.0 101-45210-095 PRO SHOP ITEMS FOR RESALE 10,364.76 10,364.76 6,000.00 ( 4,364.76) 172.8 101-45210-099 OTHER FOR RESALE .00 .00 .00 .00 .0 101-45210-101 FULL-TIME EMPLOYEES REGULAR 52,834.07 52,834.07 46,800.00 ( 6,034.07) 112.9 101-45210-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0 101-45210-103 PART-TIME EMPLOYEES 39,037.28 39,037.28 63,400.00 24,362.72 61.6 101-45210-104 TEMPORARY/SEASONAL EMPLOYEES 896.00 896.00 60,000.00 59,104.00 1.5 101-45210-121 PERA 3,962.42 3,962.42 8,300.00 4,337.58 47.7 101-45210-122 FICA 6,935.14 6,935.14 13,000.00 6,064.86 53.4 101-45210-135 CITY BENEFIT CONTRIBUTION 6,860.84 6,860.84 2,100.00 ( 4,760.84) 326.7 101-45210-142 UNEMPLOYMENT BENEFIT PAYMENTS 16,128.21 16,128.21 1,500.00 ( 14,628.21) 1075.2 101-45210-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-45210-151 WORKER'S COMP INSURANCE PREM 6,300.00 6,300.00 8,400.00 2,100.00 75.0 101-45210-201 OFFICE SUPPLIES 1,516.24 1,516.24 500.00 ( 1,016.24) 303.3 101-45210-212 MOTOR FUELS & LUBRICANTS 4,637.69 4,637.69 12,000.00 7,362.31 38.7 101-45210-216 CHEMICALS 286.40 286.40 10,000.00 9,713.60 2.9 101-45210-221 EQUIPMENT PARTS & ACCESSORIES 1,920.00 1,920.00 2,500.00 580.00 76.8 101-45210-223 BUILDING MAINT SUPPLIES 4,691.98 4,691.98 8,000.00 3,308.02 58.7 101-45210-225 LANDSCAPE SUPPLIES .00 .00 .00 .00 .0 101-45210-226 CLOTHING & PERSONAL EQUIPMENT 1,659.15 1,659.15 500.00 ( 1,159.15) 331.8 101-45210-240 SMALL TOOLS AND MINOR EQUIP 358.22 358.22 5,000.00 4,641.78 7.2 101-45210-301 AUDITING AND ACCT'G SERVICES .00 .00 1,000.00 1,000.00 .0 101-45210-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0 101-45210-307 LEGAL-CONSULTING .00 .00 .00 .00 .0 101-45210-312 BANK FEES 12,186.31 12,186.31 15,000.00 2,813.69 81.2 101-45210-313 IT SERVICES 1,875.00 1,875.00 2,500.00 625.00 75.0 101-45210-314 FLEET SERVICES 11,250.00 11,250.00 15,000.00 3,750.00 75.0 101-45210-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-45210-321 TELEPHONE 2,632.73 2,632.73 5,000.00 2,367.27 52.7 101-45210-322 POSTAGE .00 .00 .00 .00 .0 101-45210-331 TRAVEL EXPENSES .00 .00 .00 .00 .0 101-45210-340 GENERAL ADVERTISING 977.65 977.65 4,000.00 3,022.35 24.4 101-45210-343 OTHER ADVERTISING .00 .00 .00 .00 .0 101-45210-352 PRINTING & PUBLISHING .00 .00 1,700.00 1,700.00 .0 101-45210-361 GENERAL LIABILITY INS 4,200.00 4,200.00 8,400.00 4,200.00 50.0 101-45210-362 UMBRELLA LIABILITY INS 850.00 850.00 1,700.00 850.00 50.0 101-45210-365 BOILER & MACHINERY INS 250.00 250.00 500.00 250.00 50.0 101-45210-366 PROPERTY INSURANCE 1,550.00 1,550.00 3,100.00 1,550.00 50.0 101-45210-367 EQUIPMENT FLOATERS INS 200.00 200.00 400.00 200.00 50.0 101-45210-368 AUTOMOTIVE INSURANCE 250.00 250.00 500.00 250.00 50.0 101-45210-369 DRAM SHOP INSURANCE 350.00 350.00 700.00 350.00 50.0 101-45210-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0 101-45210-379 INSURANCE DEDUCTIBLES .00 .00 .00 .00 .0 101-45210-381 GAS & ELECTRIC 5,562.30 5,562.30 9,000.00 3,437.70 61.8 101-45210-382 WATER UTILITIES 147.30 147.30 300.00 152.70 49.1 101-45210-401 REPAIRS/MAINT-OFFICE EQUIP .00 .00 100.00 100.00 .0 101-45210-402 REPAIRS/MAINT-AUTO EQUIP 2,519.07 2,519.07 .00 ( 2,519.07) .0 101-45210-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 6,000.00 6,000.00 .0 Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2023 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 11/09/2023 12:53PM PAGE: 14 101-45210-404 REPAIRS/MAINT-BLDGS/GROUNDS 19,030.43 19,030.43 8,000.00 ( 11,030.43) 237.9 101-45210-409 DEPRECIATION & AMORTIZATION .00 .00 .00 .00 .0 101-45210-415 OTHER EQUIPMENT RENTALS 21,951.50 21,951.50 14,500.00 ( 7,451.50) 151.4 101-45210-432 UNCOLLECTIBLE CHECKS-CASH .00 .00 .00 .00 .0 101-45210-433 MEMBERSHIPS 465.00 465.00 200.00 ( 265.00) 232.5 101-45210-437 TRAINING & DEVELOPMENT 57.78 57.78 1,000.00 942.22 5.8 101-45210-438 ADMINISTRATIVE CHARGE .00 .00 10,000.00 10,000.00 .0 101-45210-440 SPECIAL EQUIPMENT REPLACEMENT .00 .00 .00 .00 .0 101-45210-441 LICENSES & TAXES 1,055.82 1,055.82 600.00 ( 455.82) 176.0 101-45210-489 OTHER MISCELLANEOUS CHARGES .00 .00 200.00 200.00 .0 TOTAL GOLF COURSE 260,000.52 260,000.52 364,800.00 104,799.48 71.3 TOTAL FUND EXPENDITURES 8,044,379.02 8,044,379.02 10,993,270.00 2,948,890.98 73.2 NET REVENUE OVER EXPENDITURES (8,044,379.02) ( 8,044,379.02) ( 10,993,270.00) ( 2,948,890.98) ( 73.2) Attachment 5 - Expenditure DetailAttachment 5 - Expenditure Detail AGENDA ITEM Prepared By: Reviewed By: NJD Approved By: 1. Purpose. The purpose of this action item is gain council approval for the attached contract for Architectural services. 2. Background. In 2022 the city completes a facility future use study for the existing/old public works facility. The study looked at use of the facility for either a fire station or a recreation facility. As part of the Fire Needs Assessment staff analyzed potential facility needs to support the future fire department using the existing fire stations. Resolution 7375 directed staff to solicit design proposals for remodeling the old public works facility for potential use as a fire station and a facility study on the existing stations. Staff solicited a proposal for Oertel Architects, the design firm for our new public works facility and author of the future facility study. Current litigation may hamper access to existing facilities to complete the studies. At the July 24th, 2023 Meeting Council directed staff to engage with Oertel Architects to provide architectural services for a design proposal to remodel the old public works as a temporary fire station. At the August 28th meeting the council approved the contract and authorized the completion of the schematic design phase of the projects. Since that time Oertel has completed a study for both modification to the existing public works facility and the option of adding a 2-bay addition to the Existing Navarre Station. 3. Costs. a. Design. Based on the contract with Oertel the following is the breakdown in design costs. Actual costs incurred are based on the design effort required using hourly rates. Work Cost (Not to exceed) Schematic Design Phase $ 35,414.40 Design Development Phase $ 82,633.60 Construction Documents $ 106,243.20 Procurement Phase $ 59,024.00 Construction Phase $ 44,268.00 Total Cost of architect services if project proceeds to a full $3.3M remodel $ 295,120.00 b. Construction. The initial Opinion of Probable Costs from the schematic design phase are listed below. More refined cost estimates will be developed during the design development phase. Description of Work Cost Estimate Comment Remodel of Old PW Facility $ 750,000 This is a very conservative estimate. Mechanical evaluation of existing systems will likely result in a lower estimated cost. Construction of two bay Addition at Navarre Station $ 750,000 This cost is based on per square foot estimates from recent similar projects. Total $ 1,500,000 4. Funding. The Facilities bonding included $3,000,000 for potential fire facilities. Item No.: 27 Date: November 13, 2023 Item Description: Temporary Fire Facility (23-044)- Design and Construction Document preparation Authorization Presenter: Adam T. Edwards, P.E. City Engineer Agenda Section: City Engineer Report 5. Staff Recommendation. I recommend authorization to proceed to the next levels of the design which is the design development and construction document phases. COUNCIL ACTION REQUESTED Move to authorize work associated the design development and construction document phases of the design process. Exhibits A. Preliminary Analysis Report by Oertel 1 1795 St. Clair Avenue St. Paul, MN 55105 (651) 696-5186 www.oertelarchitects.com City of Orono Fire Department Date October 3, 2023 OA Project No. 22-10 To: Adam Edwards CC: James Van Eyll RE: Preliminary Analysis Background The City is pursuing two projects related to the transition from a shared agreement with Long Lake to a standalone fire department. The two projects are: 1. Renovation of the existing Public Works building 2. Addition of two apparatus bays at the existing Navarre site Preliminary Goals/Analysis (Architectural) Renovation: The goal of this analysis is to identify the baseline requirements for converting the existing building for short-term use by the Fire Department. As such, the architectural scope will be limited to the work required for certification by the state while providing a safe and healthy working environment for staff. The architectural scope consists mainly of: 1. Demolition and finish work as required to accommodate new uses. 2. Replacement of overhead doors 3. Replacement of doors and hardware as required to meet current accessibility requirements 4. Patch and repair of exterior sealants and caulking The preliminary floor plan concept (attached) also necessitates minor interior new construction improvements such as new walls, etc. In addition, demolition and construction will be required to facilitate mechanical/electrical/structural scope as noted within this report. Addition: The City seeks to build a small addition to the existing Navarre Fire Station. This addition will house two apparatus bays and other incidental support functions. The preliminary thought was to build a pre- engineered building. Initial review of the site topography raises some concerns on whether this is the best solution for moving forward. The building will require significant soil retainage on the north side of the building. It is the design team’s opinion that a conventional masonry/precast and steel joist construction method might make more fiscal sense. This will be further reviewed and analyzed moving forward. The new area can be built as either a separate building or as an addition. If it is constructed as a separate building, we need a minimum of 10' between the existing and new building to avoid any rated walls, doors, etc. We are currently showing 20' between the new and existing buildings, with the thought 2 1795 St. Clair Avenue St. Paul, MN 55105 (651) 696-5186 www.oertelarchitects.com that they could infill that 20' in the future, to attach the new and existing buildings, allowing for another apparatus bay (in lieu of a 10' wide addition). If we add directly onto the existing building, assuming it is Type II-B construction, we don't have any requirements which would impact the existing or new building, as it would be a total of about 10,000 square feet which is under the allowable area for a type II-B building in either the B or S-1 categories. A new bearing wall could be constructed on the exterior, north side of the existing building if there is a concern about not impacting the existing building during construction. At that point it would have an incidental impact including utility service and the connection at the roof. There are a few clerestory windows on the existing north side of the building, but they could remain exactly as they are until the building design is finalized. Conclusion Please see attached for a more detailed analysis per engineering discipline. We are currently compiling pricing information. Given the indeterminate and selective scope, we will need to work within a pricing range prior to obtaining actual bid numbers. Overall, I believe that the City can achieve its long-term and short-term goals within a reasonable timeframe and budget. Please let me know if you have any preliminary questions. Thank You, Thomas Stromsodt, AIA dte-ls.com Toll Free: 888-216-1916 CIVIL MECHANICAL STRUCTURAL ELECTRICAL LAND SURVEYING Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Structural Schematic Design Narrative DTE Project No. 096 23 003 1.1 INTRODUCTION A. Design Tree Engineering is assisting the City of Orono in developing plans for the reuse of the existing Orono Public Works building to transition to a fire station as well as developing an apparatus bay addition to the existing Navarre Fire Department in Orono, MN. 1.2 GENERAL BUILDING DESCRIPTION A. The existing Orono Public Works building is located adjacent to the Orono City Administration buildings in Orono, MN. Refer to the Architectural drawings for more information about the floor plan and the proposed specific locations for the office areas, vehicle apparatus bays and wash bay. 1.3 GENERAL SYSTEMS DESCRIPTION A. Building Systems 1. The existing building consists of the following. a. Single story gabled pre-engineered metal building clear spanning a 79’X228’ space. Pre-engineered bent spacing varies from 20’ to 25’ o.c. This area is currently used for vehicle storage. Existing drawings indicate that the existing building was designed for self-weight of the structure, weight of mechanical systems shown on the structural drawings and an additional 3psf collateral dead load. The design snow load was indicated in the construction documents to be 40psf plus drifting. b. Two story gabled roof building spanning a 32’X61’-4” on the southeast side of the building. The roof of this building is a pre-engineered building structure. There is an elevated floor below this roof framed with 12” precast spanning the 32’ direction of the building. The load rating on this mezzanine is stated on the structural drawings as 250psf live load capacity. This area below this mezzanine is currently used for administrative offices. Load rating for the roof is as indicated above. c. Single story flat roof spanning a 23’-4”X103’-4” building area with 8” precast planks spanning east to west and bearing on masonry walls located on the east side of the building. This area is currently used for storage and for work areas. Load rating for the roof is as indicated above. d. Single story gabled roof building clear spanning a 50’-4’X62’-8” area with a pre- engineered metal building on the northeast side of the building. This area is currently used as a service bay with an overhead crane. Load rating for the roof is as indicated above. Crane capacity was not indicated on the existing drawings 1.4 CODES AND STANDARDS A. 2020 Minnesota Conservation Code DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 2 of 3 B. 2020 Minnesota Building Code. C. ASCE 7-16. 1.5 STRUCTURAL REQUIRMENTS A. The Minnesota Conservation Code, chapter 10, addresses structural requirements for an existing building which will undergo a change of occupancy. Chapter 1006 discusses the following structural items. 1. 1006.2 – Snow and Wind Loads. Where a change of occupancy results in a structure being assigned to a higher risk category the structure shall satisfy the requirement of section 1608 and 1609 of the International Building Code. Where the area of the new occupancy is less than 10% of the building area, The cumulative effect of occupancy changes over time shall be considered. 2. 1006.3 – Seismic Loads. Where a change of occupancy results in a building being assigned to a higher risk category, the building shall satisfy the requirements of section 1613 of the international Building Code for the new risk category using full seismic forces. B. In this building, the structure will have a change in risk category from a category II to category IV. The building, unless only 10% occupied by the new occupancy, will need to comply with current building code requirements. Existing vs proposed loadings are summarized below. a. Snow Loads 1) Original Design Documents – 40psf + Drifting 2) New Snow Loading – a) Ground snow: 50psf b) Ce – 1.0 c) Ct - 1.0 d) I – 1.2 e) Cs - .79 f) Flat Roof Snow Load – 33.3psf b. Wind Load 1) Original Design Wind a) Basic Wind Speed – 80MPH b) Exposure – B (1) Windward Wall = +9.05 (2) Leeward Wall = -5.65 (3) Windward Roof = - 10.2 / +3.4 (4) Leeward Roof = -7.92 2) New Wind Loading a) Basic Wind Speed – 122MPH b) Exposure – B (1) Windward Wall = +8.51 (2) Leeward Wall = -5.87 (3) Windward Roof = - 8.23 / -2.1 (4) Leeward Roof = -3.52 DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 3 of 3 1.6 Conclusions: A. By comparing snow and wind loading from the original design, governed by the 1988 Uniform Building Code, to that which would be required for a change of occupancy as a category IV structure governed by the 2016 International Building Code, it does appear that the structure demand for the building will slightly decrease. This leads us to the conclusion that the building may work with little structural change to the facility. B. To confirm item A, a structural model of a single bent was analyzed by our office. This model did indeed show that even with a change of use, the existing structure may be capable of supporting current design loads. C. In the construction document phase, our office will measure other bents and framing to confirm that all bents can safely support the load resulting from the change in use. If this analysis does so some areas of concern, we anticipate that any structural changes required would be minor. D. Care should be taken to not increase the load on the structure above what is currently in place. END OF STRUCTURAL SD NARRATIVE dte-ls.com Toll Free: 888-216-1916 CIVIL MECHANICAL STRUCTURAL ELECTRICAL LAND SURVEYING Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Mechanical Systems Schematic Design Narrative DTE Project No. 096 23 003 PART 1 SYSTEMS DESCRIPTION / GENERAL DESIGN INTENT 1.1 INTRODUCTION A. Design Tree Engineering is assisting the City of Orono in developing plans for the transition or temporary use of the existing Orono Public Works building as a fire station as well as developing an apparatus bay addition to the existing Navarre Fire Department in Orono, MN. B. The existing public works building would provide apparatus bay spaces for as many as six engine, heavy rescue or tanker trucks, three command or medical response vehicles and storage for trailers and boats. Additionally, the existing spaces would be used for offices, locker rooms, fitness room, turnout gear, decontamination, SCBA equipment, storage and a multi-purpose / training room. The existing wash bay at the NE corner of the building would remain in-place. C. The new apparatus bay at the Navarre Fire Station would provide two side-by-side roughly 80-ft length by 20-ft width apparatus bays for storage of up to four engine, heavy rescue or tanker trucks. It is anticipated that the new apparatus bays would be built as a stand-alone building. D. Where possible, the project will incorporate mechanical energy saving strategies such as energy recovery ventilation systems, demand-controlled ventilation, and direct digital controls. 1.2 GENERAL BUILDING DESCRIPTION A. The existing Orono Public Works building is located adjacent to the Orono City Administration buildings in Orono, MN, in Hennepin County within ASHRAE Climate Zone 6A. The building is a single-level with a mechanical mezzanine located over the office and locker room spaces. Refer to the Architectural drawings and building plan for more information about the proposed floor plan and the specific locations for the offices, special-use areas and anticipated vehicle apparatus bay layout. 1.3 GENERAL SYSTEMS DESCRIPTION A. Air Handling Systems 1. A review of the original design documents and a site verification visit indicate that the existing Orono Public Works facility is served by two direct gas-fired make-up air- handling units (MAUs) that serve the entirety of the vehicle parking areas, maintenance and repair area, wash bay and auxiliary shop areas. MAU-1 (18,000-cfm) serves the majority of the spaces, while MAU-2 (2,000-cfm) serves the existing maintenance area at the NE corner of the building (although the space is not physically isolated from the rest of the building). 2. A separate gas-fired furnace (F-1) with 4-ton remote direct-expansion (DX) condensing unit provides ventilation, heating and cooling to the office spaces, lockers and lunch DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 2 of 9 room. See attached Zone Map for more information about the existing HVAC systems and the spaces they serve. B. Heating Systems 1. The existing parking, storage and maintenance areas are served by a combination of gas-fired radiant heating units (Co-Ray-Vac or similar) with auxiliary gas-fired unit heaters located at entrances. C. Exhaust Systems 1. The existing exhaust systems are indicated on the Zone Map and serve the following systems: a. EF-1 – Diesel exhaust (24,300-cfm) b. EF-2 & -3 – Garage exhaust (9,000-cfm each) c. EF-4 – Diesel exhaust (2,000-cfm) d. EF-5 – Truck exhaust (1,000-cfm) e. EF-6 – Toilet exhaust (210-cfm) f. EF-7 – Welding exhaust (600-cfm) 2. The existing garage MAU units and EF-2, -3 & -4 are interlocked and connected with existing MAU controllers and carbon-monoxide control panels and sensors. 3. The remainder of the existing exhaust systems function for general ventilation of the spaces or are dedicated directly to either hose reel truck exhaust in the maintenance area, welding exhaust or toilet exhaust at the office spaces. 4. The existing exhaust systems currently provide appropriate ventilation and are interlocked with the make-up air-handling units to ensure that the code-required minimum 0.75-cfm/sf ventilation rate in the apparatus bays and maintenance areas are maintained. The existing Carbon-monoxide (CO) gas detection systems need to be evaluated and the system should be re-commissioned to ensure proper operation. Additional NOx gas detection may need to be added to meet code requirements. D. General & Miscellaneous Ventilation Systems: 1. Existing restrooms, locker room, storage and janitorial room exhaust is routed to existing exhaust fans. Any modifications or replacements will be selected as direct- drive fans to minimize required maintenance. 2. The vehicle apparatus bays and wash bay will have dedicated exhaust fans. E. Supplemental Cooling: 1. There are no large electrical rooms, server rooms, and other spaces containing significant heat generating equipment that are anticipated to require supplemental direct-expansion (DX) mini-split cooling systems. 1.4 CODES AND STANDARDS A. 2020 Minnesota Building Code. B. 2020 Minnesota Mechanical and Fuel Gas Code. C. 2020 Minnesota Plumbing Code D. 2020 Minnesota Fire Code. E. 2020 Minnesota Energy Code. DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 3 of 9 F. ASHRAE Standard 62.1 – 2016. G. SMACNA – HVAC Duct Construction Standard – Metal and Flexible. H. Local Codes. I. ASTM Standards. J. ASME Standards. 1.5 INTERNAL LOADS A. Schedules: 1. Occupancy and lighting schedules based on ASHRAE recommendations for office and maintenance facilities will be used in calculating heating, cooling, and ventilation loads for the building during the design development (DD) and construction document (CD) phases of the project. These values will be adjusted throughout design as assumptions are refined to accurately match the design parameters. B. Ventilation 1. The ventilation requirements for the building will be calculated to comply with the current Mechanical Code and ASHRAE Standard 62.1 – 2016. Ventilation rates will be based on the floor areas and number of occupants in each space and will include ventilation effectiveness and efficiency factors per code. 1.6 OUTDOOR DESIGN CRITERIA A. Eden Prairie, MN (Flying Cloud Airport) Weather Data. 1. Cooling Design Condition: 90.6°F db / 74.0°F mcwb (ASHRAE 0.4%) 2. Evaporation Design Condition: 77.4°F wb / 87.2°F mcdb (ASHRAE 0.4%) 3. Heating Design Condition: -10.6°F (ASHRAE 99.6%) 1.7 INDOOR DESIGN CRITERIA A. Summer: 1. Office Area: 75°F / 50% Relative Humidity (RH). 2. Vehicle Apparatus Bays and Wash Bay: No cooling or dehumidification provided. Anticipate ambient temperature and humidity +10-20°F / +20% RH B. Winter: 1. Office Area: 70°F. 2. Vehicle Apparatus Bays: 60°F 3. Wash Bay: 60°F. 1.8 UTILITES A. Domestic Water & Fire Protection: 1. A combined 8” domestic water and fire protection service main is located at the south end of the Orono Public Works building. It is split as it enters the building into a 6” fire- protection main and a 2” domestic water service. DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 4 of 9 2. Extension from an existing 6” water service main is anticipated to serve the Navarre apparatus bay addition. Design for fire-protection of the new building will be by a certified FP designer under a performance specification. B. Storm Water: 1. The Orono Public Works building has storm roof drainage from the sloped roof to existing site drainage around the building. a. No internal storm water piping is routed within the building. 2. It is anticipated that the storm drainage at the new Navarre apparatus bay will also be from sloped roof to site drainage. C. Sanitary Sewer: 1. A 6”PVC sanitary sewer main is routed from the south end of the Orono Public Works building. a. The sanitary sewer main exits the building just downstream from a flammable waste interceptor at the SE corner of the parking area that accepts drainage from all of the trench and floor drains serving vehicle maintenance, parking and wash bay. 2. Extension of a new, anticipated 6” sanitary service from existing city sanitary sewer to the Navarre apparatus bay addition is expected. D. Natural Gas: 1. A 2”, 2-psig natural gas service line enters the Orono Public Works building at the SW edge of the building. It serves all of the MAU units, unit heaters, radiant heating units and water heating in the building. 2. Extension from the existing natural gas meter at the Navarre station is anticipated. Details of the existing gas service will need to be confirmed, as will the existing meter capacity and pressure. E. Electrical Service: 1. The electrical service is routed from the east side of the Orono Public Works building. An 800-Amp, 3-phase service is currently connected at the site. 2. The existing service, capacity and location at the Navarre site will need to be verified. 1.9 GENERAL REQUIREMENTS A. Mechanical/plumbing contractor shall provide all labor, materials, and equipment necessary for complete and operation systems described in this narrative and/or shown on the plans unless indicated or noted elsewhere. It is the intent of these documents that all systems shall be complete and ready for operation. B. Mechanical/plumbing contractor shall include all associated equipment, hangers, insulation, valves, access panels, and miscellaneous components required for fully functional systems. C. Mechanical/plumbing contractor shall examine the site and understand all the conditions that may affect the work of this division before submitting bids. No subsequent allowances DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 5 of 9 for time or money will be considered for any consequence due to a failure to examine site conditions. D. Mechanical/plumbing contractor shall retain and pay for all licenses required by the state and city. The mechanical contractor shall also be responsible for arrangement of required inspections and payment of all inspection fees. E. The Owner shall pay for all review and permit fees. F. All mechanical work shall comply with applicable national, state, and local codes; laws; ordinances; regulations; and/or franchise requirements. If contractors are aware of conflicts between plans or specifications and such codes or regulations, they shall be brought to the engineer’s attention prior to commencing applicable work. If contractors knowingly perform work in violation of such codes or regulations, whether or not such violation is shown or specified, the contractor shall be held responsible for the correction of the violation at no additional charge. G. Code compliance is mandatory. Where work is shown to exceed minimum code requirements, comply with the design documents. H. Mechanical/plumbing contractor shall provide fittings, offsets, transitions, valves, and accessories to accommodate building architecture and structure. I. Mechanical/plumbing contractor shall maintain one set of clean working drawings at the job site and record as-built information for any change or modifications during construction. J. Mechanical/plumbing contractor shall be responsible for required digging, cutting, and patching incident to work of this division and make required repairs afterwards to satisfaction of engineer. Cut carefully to minimize repairs to existing work. Do not cut beams, columns, trusses, or any structural member. K. All ductwork and piping penetrating rated conditions shall be properly protected and fire caulked. L. Mechanical/plumbing contractor shall patch and repair walls, floors, ceilings and roofs with materials of same quality and appearance as adjacent surfaces unless otherwise shown. Surface finishes shall exactly match existing finishes of same materials. PART 2 PLUMBING SYSTEMS 2.1 PLUMBING DESIGN INTENT A. An existing natural-gas fired 250,000 Btu/hr water heater serves the Orono Public Works building and is located on the mechanical mezzanine to serve all domestic hot water requirements. B. A domestic hot water recirculation pump, domestic hot water recirculation piping is installed to maintain readily available domestic hot water to all plumbing fixtures. C. There is not an existing water softening system serving the water service at the Public Works building. D. The transition of the Public Works building to use as a Fire Station is not anticipated to require any plumbing changes at the building. E. The Navarre apparatus bay addition will be designed in accordance with the following: DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 6 of 9 1. New domestic water piping shall be sized by assuming 50 psi at the incoming water service, limiting domestic hot water and recirculating hot water piping to 5 feet per minute velocity (if needed), and limiting domestic cold-water piping to 8 feet per minute velocity. 2. Provide new thermostatic mixing valves where required by code. 3. Provide domestic hot and cold-water piping to all plumbing fixtures requiring this service. Also provide backflow preventers where necessary or required by code. 4. Provide sanitary waste and vent piping for all plumbing fixtures requiring this service. 5. All exposed traps shall be insulated as required by code. 6. Under floor sanitary sewer piping shall be of schedule 40 PVC construction. Above floor sanitary sewer piping shall be of no-hub cast iron construction as required by code, or schedule 40 PVC. 7. Provide cleanouts in accordance with the requirements of the Plumbing Code. Cleanout locations shall be coordinated with and approved by the owner. 8. Plumbing vents within 10-feet of exterior shall have 1-inch thick man-made mineral fiver insulation with vapor barrier, ASTM C547. 9. Provide floor drains in all restrooms, janitor rooms, mechanical rooms and other areas subject to water spillage and as indicated on drawings. 10. Provide a flammable waste interceptor downstream of all trench and floor drains exposed to vehicle storage and/or maintenance areas. F. Plumbing Fixtures. 1. No modifications to existing plumbing fixtures are anticipated at the Orono Public Works building. 2. Plumbing fixtures for the Navarre apparatus bay addition will be designed to meet the following: a. Water Closets shall be as follows: 1) WC-1: ADA compliant, high efficiency, low consumption (1.28 GPF), wall- mounted flush valve, vitreous china, elongated bowl, siphon jetted, 1½-inch top spud, with bolt caps. 2) All seats shall have elongated bowl, open front, white plastic, less cover, with stainless steel self-sustaining check hinge. 3) Trim: Sensor operated. Hard-wired or battery to be determined. b. Lavatories shall be as follows: 1) L-1: ADA Compliant, wall-hung, vitreous china, with overflow, D-shaped bowl, self-draining back deck area, faucet ledge, concealed arm supports, sink with single faucet hole, less soap dispenser hole, color to be white. 2) Trim: Single hole faucet, sensor activated, battery powered, (0.5 GPM), vandal proof non-aerating spray, perforated strainer. 3) Provide hangers as required. DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 7 of 9 4) Provide grid strainer on all restroom lavatories. Handicapped usage fixtures shall be provided where required. Hot and cold-water supply pipes and traps shall be insulated with “trap wrap” on all handicapped usage fixtures. c. Drinking fountains shall be as follows: 1) DF-1: Wall mounted, single unit, filtered water, vandal-resistant drinking fountain with bottle filling station. ADA compliant. d. Exterior Hose Bibbs and Wall Hydrants shall be as follows: 1) H-1: (Exterior) ASSE 1019 compliant freeze-less wall hydrant. e. Emergency Fixtures will be installed as deemed appropriate to cover the apparatus bays. Each location will have an emergency eyewash and drench shower with separate mixing valve to provide tepid / tempered water from the domestic hot water and cold water distribution systems. G. Fire Protection System: 1. An existing wet-pipe fire sprinkler system is currently installed in the Orono Public Works building and office spaces. Any modifications to the systems will need to be designed by a fire-protection contractor to meet NFPA 13 requirements under a performance specification. 2. The fire sprinkler contractor shall install the fire sprinkler system throughout the building to accommodate any changes to MEP systems, and to comply with all applicable codes. Provide new piping and heads as required. 3. Fire suppression work shall be coordinated with all other trades. PART 3 HVAC SYSTEMS 3.1 HVAC AIR SIDE SYSTEM DESIGN INTENT A. The existing Orono Public Works building air-handling and exhaust systems are very closely matched for a transition from public works operation to that of a fire station. 1. The existing MAUs (serving areas in orange and blue in the Zone Map) should be re- commissioned to establish that the appropriate capacities as originally designed are still intact. This specifically includes establishing that the carbon-monoxide (CO) gas- detection system, coupled with the appropriate sequences and interlocks between MAUs and EFs are operational and meet current codes. The addition of gas-detection for NOx may be required. The original design does appear to meet all minimum ventilation criteria for the space (whether used as a public works building or fire station. 2. The existing furnace (F-1) and condensing unit serving the office areas (in Green) appear to be in operational condition. This system should also be re-commissioned to ensure that the original design capacities and intent are acceptable to new occupancy requirements. 3. The auxiliary rooms (Yellow areas) associated with the public works building (Sign Shop, Workroom, Multi-Purpose Room, Parts and Storage) may require some added exhaust DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 8 of 9 or attention depending on the re-programming of the spaces into Fitness, Turnout Gear, Decontamination and SCBA Equipment spaces. They are currently served by MAU-1 and general exhaust but may require a secondary AHU, likely located on the mechanical mezzanine. 4. The existing heating systems (natural gas-fired radiant systems and UHs) also appear to be in good working condition. 5. Additional specialized exhaust systems dedicated for the apparatus bays for individual vehicle exhaust may be considered. B. The new Navarre apparatus bay addition would be handled largely by the same or similar equipment that currently serves the Orono Public Works building: 1. New direct, gas-fired MAUs will serve the new apparatus bays. 2. The vehicle apparatus bays will be equipped with gas monitoring systems and associated exhaust systems to ensure compliance with ventilation rates and safety considerations for vehicle storage, maintenance and service locations. 3. Auxiliary gas-fired heating systems (natural gas-fired radiant systems and UHs) will be provided for general heating of the apparatus bays. 4. Additional specialized exhaust systems dedicated for the apparatus bays for individual vehicle exhaust may also be considered. C. Each new HVAC system will be designed to ensure quality, high performance, serviceability, and energy savings. Air handlers and make-up air-handling units shall be manufactured by Daikin, Trane, York, Aaron or equal. 1. Units shall be electric heating or gas-fired. 2. Where applicable, units shall have an energy recovery wheel or energy recovery plate. 3. Unit shall have a single point power connection. 4. Unit shall have full-size access doors. D. The return air will be ducted to the air handling unit return assembly. Unless noted otherwise, spaces above ceilings shall not be used as a return air plenum. E. Ductwork systems will be galvanized steel and constructed in accordance with SMACNA Standards. Exposed ductwork shall be round or oval. F. Ductwork will be insulated per current Minnesota Energy Code. Also, outside air and exhaust air ductwork within 10 feet of the building exterior shall be insulated and provided with vapor retarder jacket. G. Air inlets and outlets within the building spaces will include adjustable square diffusers, linear slot diffusers, single or double deflection supply registers, louvered face return/exhaust grilles, and eggcrate return/exhaust grilles. Air inlets and outlets will be sized for low velocities (500 – 700 FPM) to prevent excessive noise. DTE MECHANICAL AND PLUMBING SCHEMATIC DESIGN NARRATIVE Orono Public Works – Fire Station Transition & Navarre Fire Station Apparatus Bays Page 9 of 9 H. Fire dampers, smoke dampers, and combination fire/smoke dampers shall be provided where required by code at fire and smoke rated walls. 3.2 ENERGY MANAGEMENT SYSTEM A. The existing building’s stand-alone temperature control systems are anticipated to be used for all new equipment and HVAC components. B. All digital controls system shall be BACNet compatible. C. Systems shall be web based and accessible via the internet on a smart phone or tablet where applicable. D. Each HVAC zone shall have its own digital temperature sensor with setpoint adjustment. Each common area space shall have its own digital flat plate temperature sensor. E. See attached HVAC plan for additional information about intended systems and temperature control. END OF MECHANICAL & PLUMBING SD NARRATIVE dte-ls.com Toll Free: 888-216-1916 CIVIL MECHANICAL STRUCTURAL ELECTRICAL LAND SURVEYING Orono Public Works Fire Station & Navarra Fire Station Addition Schematic Design Narrative of Electrical Systems October 2, 2023 DTE Project No. 09623003 Introduction 1. This SD Narrative is to assist in the design scope for the City of Orono for the temporary Fire Station in the existing public works building and adding an apparatus bay to the Navarre Fire Station. 2. The existing building will have apparatus bay spaces for six fire vehicles, three command or medical vehicles and storage for trailers and boats. The existing office and auxiliary spaces will be modified as needed to suit the needs of the temporary fire station. 3. The Navarre Fire Station addition will be a stand alone building with bays to store up to four vehicles. Power Distribution: 1. Service: a. The existing 800A 480V service for the public works building will remain. Any damaged or faulty panels will be replaced. b. The new addition for the Navarre Fire Station will have a new service fed from the existing transformer on site. This will be a 600A Service. The existing transformer will need to be inspected to ensure there are available taps for the new service. c. Aluminum or copper conductors will be acceptable. 2. Equipment: a. The existing panels in the public works building will be used to provide power to any new equipment that will be added while providing power to existing circuits. b. The Distribution panel for the Navarre Fire Station will be located on the outside of the building in a NEMA 3R enclosure. c. New 480/277V and 208/120V Panels will be provided for lighting, power, and equipment loads. d. All new panelboards shall have a non-branch mounted main breaker, copper or aluminum busing, 100% rated neutral, plug-on breakers and a minimum of 42 circuits. e. Breakers rated over 250A shall be 100% rated. f. ARC fault rated breakers will be used throughout as required per the latest edition of the NEC. 3. Emergency Power: a. A 480Y/277 V, 3-phase generator Diesel Generator will be provided for back-up emergency power. This generator will be located near the building within a Weatherproof Sound Enclosure b. Automatic Transfer Switch will be provided emergency power to life safety equipment, and owner proposed equipment. 4. HVAC/Plumbing: a. Power distribution to motor starters, SSRV starters, and VFD’s for the new mechanical equipment will be coordinated with Mechanical. For the existing public works building and Navarre Fire Station addition. Grounding Systems: Orono Public Works – Fire station Transistion & Navarre Fire Station Apparatus Bays - SD Electrical Narrative Page 2 1. Existing ground systems will be inspected to insure that system is intact and code compliant. 2. The Navarre facility grounding system will consist of earth electrode ground rods and grounding electrode conductor. The earth electrode ground rod will be ¾ inch by 10 feet, copper or copper‐clad steel. The top of the vertically driven ground rod will be a minimum of 12 inches below grade. The grounding electrode conductor will be bonded to the earth electrode ground rod with an exothermic welded joint or clamp. The electrical service system neutral will be grounded at service entrance equipment to building metal water piping, structural steel, and telecommunications system welded joint or clamp. The electrical service system neutral will be grounded at service entrance equipment to building metal water piping, structural steel, and telecommunications system. 3. Service equipment enclosures, exposed non-current carrying metal parts of electrical equipment, metal raceway system, cable tray, equipment‐ rounding conductor in all feeders and branch circuits and receptacle grounding connectors will be bonded. 4. Equipment grounding conductor will be a green insulated copper conductor unless otherwise indicated. There will be no interconnection between equipment grounding conductors and neutral conductors except at the main service grounding point. All connections to equipment to be grounded will be made with a grounding connector specifically intended for that purpose. 5. Bare wire, wrapped around mounting bolts and screws, is not acceptable as a grounding connection. All ground lugs will be of a non‐corrosive material suitable for use as a grounding connection, and must be compatible with the type of metal being grounded. All mating surfaces and connections will be between cleaned bare metal to bare metal surfaces. Receptacles: 1. Calculated receptacle loads will be loaded no more than 80% of the circuit breaker rating. 2. Existing rooms such as the offices shall remain as is. 3. Receptacles will be provided in all areas according to NEC standards, with special consideration for the following locations. a. All Office spaces shall have a receptacle located on every wall. b. Power will be provided for all motorized doors and gates for the project. 4. Power will be provided for all equipment needed within remodeled spaces to meet needs of owner. Lighting: 1. Calculated lighting loads will be loaded no more than 80% of the circuit breaker rating. 2. Indoor lighting circuits will be rated 277V/1Phase. Outdoor circuits will be rated 277V/1Phase. For public works building. Lighting for Navarre Fire Station will be 120V/1Phase indoor and outdoor. 3. New luminaires are to be used. General requirement for new luminaires will be: a. CRI rating of 80 or higher. b. Color Temperature of 4000k c. Rated life span of 50,000 hours or greater. 4. Exterior lighting will be provided for parking lots and drives on the properties. Orono Public Works – Fire station Transistion & Navarre Fire Station Apparatus Bays - SD Electrical Narrative Page 3 5. Proposed Lighting Controls: a. Exterior fixtures serving area site lighting will be controlled via a photocell and motion sensor integral to the fixture. b. A vacancy sensor with manual switch will be provided in every office space. c. Dimming controls will be provided in offices, lobby, kitchen, multi-purpose, conference, and any other common areas. d. Restrooms and locker room will be controlled via occupancy sensors. e. Mechanical, Electrical, and other utility spaces will be controlled via manual controls. f. Storage rooms, Janitor, work rooms, open office spaces will be controlled via vacancy sensors and manual controls. g. Energy Code Requirement: Spaces which contain more than 2 fixtures and has windows or skylights shall be provided with day light harvesting controls to control the luminaires closest to the windows or skylights. h. Existing lighting in Public Works building shall remain where it is LED fixtures. All other fixtures will be removed and replaced. Life Safety: 1. LED exit signs shall be provided throughout to identify the paths of emergency egress. 2. Emergency egress lighting shall be provided in common spaces to illuminate the path of egress in the event of a power outage. Emergency fixtures will be powered through stand-by emergency generator. 3. A fire alarm control panel will be located in the electrical room. A remote annunciator will be located in the main entry. 4. Fire alarm design shall follow Orono City Standards. Conduit: 1. EMT conduit will be used indoors. 2. PVC schedule 40 conduit is to be used outdoors and underground. 3. Liquid tight or flexible metal conduit may be used where a rigid conduit connection to equipment is not practical. 4. MC cable may be used as fixture whips from a rigid conduit system. MC cable will be used for fixture whips not to exceed 6’ in length. MC cable will not be allowed to be ran concealed in walls. Wire: 1. All wire smaller than 1/0 shall be copper. 2. All wire 1/0 or larger may be copper or aluminum. 3. Energy Code Requirement: a. All branch circuit conductors shall be sized so that the voltage drop from the point of service does not exceed 3%. Conductors: Type AC, NM, UF, USE, and SE cable may be used as allowed by the NEC and the authority having jurisdiction (AHJ). Contractor shall be responsible for coordinating these requirements with the AHJ before installation of such materials. Orono Public Works – Fire station Transistion & Navarre Fire Station Apparatus Bays - SD Electrical Narrative Page 4 Disconnects: 1. Provide UL listed, heavy duty, 600 volts, 3-pole safety switches for all HVAC and plumbing motors/equipment. Wiring Devices: 1. All devices to match existing faceplates. 2. Devices to be white in color for normal power, red in color for generator power. 3. Tamper proof receptacles are to be provided in common spaces. 4. Switching devices to be white in color for normal power, red in color for generator power. 5. Vacancy and Occupancy sensors shall be of the dual technology type. 6. Ceiling mounted sensors shall be provided with an extra contact for control of HVAC systems in each space. 7. Floor boxes shall be installed in conference rooms where required. Covers shall not have any component, hinged piece or flap which extends upward while cords are plugged into the devices housed by the floor box. Voice/Data: 1. Electrical Contractor to provide all rough-in boxes and conduit for technology devices. 2. Electrical Contractor to provide all voice/data cabling, wall jacks and terminations to wall jacks and an owner provided patch panel. Owner will provide head-end equipment, racks, and cables at head end equipment. 3. Owner will provide technology cabling, jacks, and head end equipment. 4. Owner will install a wireless access system in the building. Owner to provide proposed locations of access points for contractor to cable. Security: 1. Electrical Contractor to provide all rough-in boxes and conduit for security devices. 2. Owner will provide security cabling, devices, and head end control equipment. 3. Electrical contractor will provide 120V power to door access systems and control panel. Codes and Standards: 1. 2020 National Electrical Code 2. 2018 International Energy Conservation Code 3. 2020 Minnesota Building Code 4. 2020 Minnesota Fire Code 5. 2020 Minnesota Energy Code 6. Local Codes and Authority Having Jurisdiction End of Narrative AGENDA ITEM Prepared By: Reviewed By: NJD Approved By: 1. Purpose. The purpose of the action item is to update a portion of the City of Orono’s Code of Ordinances. Further this council action is intended to clarify the roles and responsibilities for the Orono Fire Chief. 2. Background. Recodification is a process that includes a full legal and thorough review of the City’s municipal code that helps ensure that provisions are comprehensive, lawful and enforceable. In addition, it is recommended that a legal review be conducted every 10-15 years for municipal codes to address the needs of the City's stakeholders. The City Code was last republished in 2003. In 2022 the city initiated a project to recodify the City Code. Municode, the city’s code publication vendor, completed an initial chapter by chapter review. Orono staff took that review and has over the past 18 months have been reviewing chapter by chapter of the city code for updates. Staff reviews were then followed by review by the City Attorney. 3. Proposed Updates. The first two portions of the code to be brought before the council for approval are Title 1 – Government Operation and Chapter 46 – Fire Prevention and Protection from Title V – Public Protection. Staff is frontloading these two sections and the attached resolution as they have updates that will remove confusion and conflicts related to the Orono Fire Chief’s position and responsibilities. a. Title 1 – Government Operations (Chapters 1 thru 10). The following summarizes the proposed updates. The complete list of changes is at Exhibit A. Chapter Updates 1- General Provisions Definition updates. 2- Administration, Article I. In General Update to duty titles in issuance of citations. Wording update in Disposal of Property. 2- Administration, Article II. City Council Removal of IT reimbursement language in council. Clean up of Special meeting provisions to comply with statue. 2- Administration, Article III. Officers and Employees Update to purchase reference of City Administrator’s authorities. 2- Administration, Article IV. Departments Reorganized the article. Added departments. Added department head duties. Updated Fire department to include the Orono Fire Chief position and its responsibilities. 10-Special Assessments Updated deferment language. b. Title V, – Fire Prevention and Protection. The following summarizes the proposed updates. The complete list of changes is at Exhibit B. Chapter Updates 46-Fire Prevention and Protection, Division 1. Generally Updated definitions relating to the Fire Chief. Simplified Enforcement language. Updated permits and new construction language. 4. Staff Recommendation. I recommend the adaptation of the revised Title I – Government Operation and Title V – Public Protection Chapter 46 as well as the resolution clarifying responsibilities of the Orono Fire Chief. Item No.: 28 Date: November 13, 2023 Item Description: Recodification of Title 1 – Government Operation and Chapter 46 – Fire Prevention and Protection from Title V – Public Protection Presenter: Adam Edwards City Administrator Agenda Section: City Administrator Report COUNCIL ACTION REQUESTED Motion to approve Title I – Government Operation and Title V – Public Protection Chapter 46 as presented in Exhibits A and B. Exhibits A. Title I – Government Operation B. Title V – Public Protection Chapter 46 C. Orono Fire Chief responsibilities resolution Reference A. Orono City Code. https://library.municode.com/mn/orono/codes/code_of_ordinances B. Recodification page. https://mn-orono2.civicplus.com/631/Recodification-Project Orono, Minnesota, Code of Ordinances Title I GOVERNMENT OPERATION Orono, Minnesota, Code of Ordinances Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 1 of 29 224997v1 Title I GOVERNMENT OPERATION Chapter Chapter 1 GENERAL PROVISIONS Sec. 1-1. How Code designated and cited. The ordinances embraced in this and the following chapters shall constitute and be designated the "Orono, Minnesota, City Code" and may be so cited. Such ordinances may also be cited as the "Orono Code." (Code 1984, § 1.11) State law reference(s)—Authority of city to codify, Minn. Stat. § 415.021. Sec. 1-2. Definitions and rules of construction. The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise: Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the city council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language; but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. City. The term "city" means the City of Orono, Minnesota. City council, council. The terms "city council" and "council" mean the councilis defined as the governing body of the City of Orono, Minnesota. Code. The term "Code" means the Orono, Minnesota, City Code, as designated in section 1-1. Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected terms, conditions, provisions or events apply. (2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination. (3) "Either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination. County. The term "county" means Hennepin County, Minnesota. Created: 2022‐07‐19 16:12:27 [EST] (Supp. No. 20, Update 2) Page 2 of 29 224997v1 Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision or authorizes such officer or employee to act or make a decision through subordinates, unless prohibited by law or practice. Following. The term "following" means next after. Gender. Words of one gender include all other genders. Includes. The term "includes" does not limit a term to a specified example. Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons. May. The term "may" is to be construed as being permissive and not mandatory. May not. The term "may not" states a prohibition. Minn. Stat. The abbreviation "Minn. Stat." means the Minnesota Statutes, as amended. Month. The term "month" means a calendar month. Number. Words in the singular include the plural. Words in the plural include the singular. Oath. A solemn affirmation is the equivalent to an oath, and a person shall be deemed to have sworn if such person makes such an affirmation. Officers, departments, etc. References to officers, departments, boards, commissions or employees are to city officers, city departments, city boards, city commissions and city employees. Official time. References to a specific time of day are to Central Standard Time or Central Daylight Time, as appropriate. Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property. Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity. Personal property. The term "personal property" means any property other than real property. Preceding. The term "preceding" means next before. Premises. The term "premises," as applied to real property, includes land and structures. Property. The term "property" includes real property, personal property and mixed property. Real property, real estate, land, and lands. The terms "real property," "real estate," "land" and "lands" include lands, buildings, tenements and hereditaments and all rights and interests therein except chattel interests. Shall. The term "shall" is to be construed as being mandatory. Sidewalk. The term "sidewalk" means that portion of a street between the curb line, or the lateral lines of a roadway where there is no curb, and the adjacent property line, intended for the use of pedestrians. If there is no public area between the lateral lines of the roadway and the abutting property line, then the area immediately abutting the street line shall be construed as the sidewalk. Created: 2022‐07‐19 16:12:27 [EST] (Supp. No. 20, Update 2) Page 3 of 29 224997v1 Signature and subscription by mark. The terms "signature" and "subscription by mark" include a mark when the signer or subscriber cannot write. In such situations, such person's name shall be written near the mark by a witness who writes his own name near such person's name. State. The term "state" means the State of Minnesota. Street. The term "street" means any alley, avenue, boulevard, highway, road, lane, viaduct, bridge and its approach, and any other public thoroughfare in the city. The term "street" also means the entire width between abutting property lines. The term "street" includes a sidewalk or footpath. Tenant and occupant. The terms "tenant" and "occupant," as applied to a building or land, include: (1) Any person holding either alone or with others a written or oral lease of such building or land. (2) Any person who either alone or with others occupies such building or land. Tenses. The present tense includes the past and future tenses. The future tense includes the present tense. Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is authorized or required, it shall be made in writing in the English language. Year. The term "year" means a calendar year. (Code 1984, §§ 1.02, 1.03) State law reference(s)—Interpretation of statutes generally, Minn. Stat. ch. 645. Sec. 1-3. Computation of time. (a) When the term "successive weeks" is used in any ordinance providing for the publication of notices, the term "weeks" shall be construed as calendar weeks. The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication. At least the number of weeks specified in "successive weeks" shall elapse between the first publication and the day for the happening of the event for which the publication is made. (b) When in any ordinance the lapse of a number of months before or after a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and including the day of the month in which the last month so counted having the same numerical order as the day of the month from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted. (c) Where the performance or doing of any act, duty, matter, payment or thing is ordered or directed, and the period of time or duration for its performance or doing is prescribed and fixed by law or ordinance, the time, except as otherwise provided in subsections (a) and (b) of this section, shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday or legal holiday, that day shall be omitted from the computation. (d) When an application, payment, return, claim, statement or other document is to be delivered to or filed with a department, agency or instrumentality of the city on or before a prescribed date and the prescribed date falls on a Saturday, Sunday or legal holiday, it is timely delivered or filed if it is delivered or filed on the next succeeding day which is not a Saturday, Sunday or legal holiday. State law reference(s)—Similar provisions, Minn. Stat. §§ 645.13—645.151. Created: 2022‐07‐19 16:12:27 [EST] (Supp. No. 20, Update 2) Page 4 of 29 224997v1 Sec. 1-4. Catchlines of sections; history notes references. (a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted. (b) The history or source notes appearing in parentheses after sections in this Code have no legal effect and only indicate legislative history. Editor's notes, cross references and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect. (c) Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code. State law reference(s)—Similar provisions, Minn. Stat. § 645.49. Sec. 1-5. Effect of repeal or amendment of ordinances. (a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any repealed ordinance. (b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal. State law reference(s)—Similar provisions, Minn. Stat. §§ 645.35, 645.36. Sec. 1-6. Amendments to Code effect of new ordinances; amendatory language. (a) All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by their omission from affected reprinted pages. (b) Amendments to provisions of this Code may be made with the following language: "Section (chapter, article, division or subdivision, as appropriate) of the Orono, Minnesota, City Code is hereby amended to read as follows:…." (c) If a new section, subdivision, division, article or chapter is to be added to the Code, the following language may be used: "Section (chapter, article, division or subdivision, as appropriate) of the Orono, Minnesota, City Code is hereby created to read as follows:…." (d) All provisions desired to be repealed should be repealed specifically by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance. Sec. 1-7. Supplementation of Code. (a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made by the supplement in the Code. The pages of the supplement shall be so numbered that they will fit properly into the Code and will, where Created: 2022‐07‐19 16:12:27 [EST] (Supp. No. 20, Update 2) Page 5 of 29 224997v1 necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by their omission from reprinted pages. (c) When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts or ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may: (1) Arrange the material into appropriate organizational units. (2) Supply appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in the Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in the Code. (3) Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the Code. (4) Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections. (5) Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this subdivision," "this section" or "sections _____ to _____" (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code). (6) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the Code. Sec. 1-8. General penalty; continuing violations. (a) In this section, the term "violation of this Code" means any of the following: (1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance. (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance. (3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance. (b) In this section, "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section. (c) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine of not more than $700.00, imprisonment for a term not exceeding 90 days, or any combination thereof. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. (d) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions. Created: 2022‐07‐19 16:12:27 [EST] (Supp. No. 20, Update 2) Page 6 of 29 224997v1 (e) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief. (f) The violator and the property owner of record, where applicable, shall be responsible for any city costs in enforcing the provisions of this code, including reinspection fees or other fees, charges, or penalties that are imposed as permitted by law. (Code 1984, § 1.06; Ord. No. 144 3rd series, § 1, 4-13-2015) State law reference(s)—Authorized penalty for ordinance violations, Minn. Stat. §§ 412.231, 609.034. Sec. 1-9. Severability. The sections, subsections, paragraphs, sentences, clauses and phrases of this Code and all provisions adopted by reference in this Code are severable so that if any section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code, for the council declares that it is its intent that it would have enacted this Code and all provisions adopted by reference in this Code without such invalid or unconstitutional provisions. (Code 1984, § 1.08) Sec. 1-10. Provisions deemed continuation of existing ordinances. The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations of such legislation and not as new enactments. Sec. 1-11. Code does not affect prior offenses or rights. (a) Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code. (b) The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any city ordinance on the effective date of this Code. Sec. 1-12. Certain ordinances not affected by Code. (a) Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance: (1) Annexing property into the city. (2) Deannexing property or excluding property from the city. (3) Providing for salaries or other employee benefits not codified in this Code. (4) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness. (5) Fixing city fees or city charges. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 7 of 29 224997v1 (6) Authorizing or approving any contract, deed or agreement. (7) Making or approving any appropriation or budget. (8) Granting any right or franchise. (9) Adopting or amending the comprehensive plan. (10) Levying or imposing any special assessment. (11) Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street. (12) Establishing the grade of any street or sidewalk. (13) Dedicating, accepting or vacating any plat or subdivision. (14) Levying, imposing or otherwise relating to taxes not codified in this Code. (15) Establishing traffic regulations for specific locations not codified in this Code. (16) Fixing, amending or modifying rates for utilities. (17) Rezoning specific property. (18) That is temporary, although general in effect. (19) That is special, although permanent in effect. (20) The purpose of which has been accomplished. (21) Declaring a moratorium for a specific period of time. (b) The ordinances designated in subsection (a) of this section continue in full force and effect to the same extent as if published at length in this Code. Chapter 2 ADMINISTRATION1 ARTICLE I. IN GENERAL 1Cross reference(s)—Elections, ch. 6; utilities, ch. 14; emergency management, § 42-31 et seq.; administration and enforcement of on-site sewage disposal, § 58-71 et seq.; administration and enforcement of animal regulations, § 62-41 et seq.; administration and enforcement of traffic regulations, § 66-41 et seq.; planning, ch. 74; administration and enforcement of zoning regulations, § 78-41 et seq.; administration and enforcement of flood regulations, § 78-1141 et seq.; administration and enforcement of shoreland management regulations, § 78-1246 et seq.; administration and enforcement of subdivision regulations, § 82-46 et seq. State law reference(s)—Statutory cites generally, Minn. Stat. ch. 412. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 8 of 29 224997v1 Sec. 2-1. Rules of procedure for appeals and other hearings. The council may adopt by resolution certain written rules of procedure to be followed in all administrative appeals; not covered or in conflcict with sec 2-41 and other hearings to be held before the council or other bodies authorized to hold hearings and determine questions presented. Such rules of procedure shall be effective 30 days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings. (Code 1984, § 2.08) Sec. 2-2. Issuance of citations. (a) Except as otherwise provided by statute, only a peace officer and part-time peace officer may: (1) Ask a person receiving a citation to give a written promise to appear in court; or (2) Take a person into custody as permitted by Minn. Stat. § 629.34. (b) The following city individuals may issue citations in lieu of arrest or continued detention for violations of this Code. Areas of jurisdiction will be contained in city policy as set forth in resolution form by the city council. (1) Peace officers and part-time peace officers. (2) Reserve officers. (3) Community service officers. (4) Zoning administrator. (5) Assistant zoning administrator. (6) Building inspector. (7) Public services director. (8) Building official. (9) Septic inspector. (10) Planning Community Development director. (11) Fire chief or marshal. (12) Public works superintendent. (13) As designated, subject to council approval. (Code 1984, § 2.38) Sec. 2-3. Disposal of unclaimed property. (a) The term "abandoned property" means tangible or intangible property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days and has been declared such by a resolution of the council. (b) If the city administrator knows the identity and whereabouts of the owner, he shall serve written notice upon him at least 30 days prior to a declaration of abandonment by the council. If the city acquired Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 9 of 29 224997v1 possession from a prior holder, the identity and whereabouts of whom are known by the city administrator, notice shall also be served upon him. Such notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the council after the expiration of 30 days from the date of such notice. (c) Upon adoption of a resolution declaring certain property to be abandoned property, the city administrator shall give ten days’ published a notice, describing the property found or recovered to be sold, together with the names (if known) and addresses (if known) of prior owners and holders of such property, and including a brief description of such property. Theproperty. The text of such notice shall also state the time, place and manner of sale of all such property, except cash and negotiables. Such notice shall be published once at least three weeks prior to sale. The notice shall be published at least once in a legal newspaper published in the city. If there is none in the city, the notice shall be published in the county. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the council in its resolution declaring property abandoned and stated in the notice. (d) All proceeds from such sale shall be paid into the general fund of the city and expenses paid from such fund. The former owner, if he makes claim within six months from the date of publication of the notice, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received for the property, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest. Such payment shall be also made from the general fund. (e) No employee of the city who is a member of the administrative staff, department head, a member of the council, or an advisor serving the city in a professional capacity may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given. It is unlawful and punishable as provided in section 1-8 for any person to be a purchaser of property under this section if such purchase is prohibited by the terms of this section. (Code 1984, § 2.61((2), (4))) State law reference(s)—Disposal of unclaimed property, Minn. Stat. § 471.195. Secs. 2-4—2-35. Reserved. ARTICLE II. CITY COUNCIL2 Sec. 2-36. Terms of office. The mayor shall be elected for a four-year term. Two members of the city council other than the mayor shall be elected for four-year terms at each biennial city election. The mayor and councilmembers shall take office on January 1 next following the election. 2Cross reference(s)—Elections, ch. 6. State law reference(s)—Council generally, Minn. Stat. § 415.191 et seq. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 10 of 29 224997v1 (Code 1984, § 2.03(2); Ord. No. 218 3rd series, § 1, 12-10-2018, eff. 1-31-2019) State law reference(s)—Similar provisions, Minn. Stat. §§ 412.02, 412.021, 412.023. Sec. 2-37. City Council composition and action. The city council shall consist of the mayor and the four councilmembers. A majority of all the members shall constitute a quorum although a smaller number may adjourn from time to time. Every ordinance shall be enacted by a majority vote of all members of this council except where a different number is required by law. All other actions shall be decided by a majority vote of a quorum at a council meeting except when a different number is required by law. A quorum of the council shall be three or more councilmembers or two or more councilmembers and the mayor, present at a regular, special or emergency council meeting. (Code 1984, § 2.02) State law reference(s)—Similar provisions, Minn. Stat. § 412.191. Sec. 2-38. Salaries of mayor and councilmembers. Salaries of the mayor and councilmembers, effective January 1, 1997, and which amounts are deemed reasonable, are fixed as follows: (1) The salary of the mayor shall be $4,200.00 per year, paid monthly. (2) The salary of each councilmember shall be $3,500.00 per year, paid monthly. (3) Reimbursement for iPad or computer related equipment: The authority of this section is pursuant to Minn. Stat. § 412.241. The purpose is to provide a maximum reimbursement of $500.00 for an iPad or other computer purchase for use in their official capacity and forego their ability to receive a hard copy of meeting agenda information. This reimbursement will be done once per member per four-year term. The computer purchases, reimbursed with receipt for proof of purchase, under this section are the personal property of the mayor and council members. Individual council members may refuse this benefit. Only those council members in office on January 1, 2016 and thereafter will be eligible for this iPad or computer reimbursement. Notwithstanding the preceding provision, a mayor-elect and council member-elect who will take office effective January 1 of any year may be reimbursed after January 1 of any year, for their iPad or computer equipment purchased prior to the effective date of the commencement of their term in office. Also, any mayor or council member in office at the time of the effective date of this section may receive said reimbursement within one month of the effective date. In accordance with Minn. Stat. § 415.11, any changes in the salaries set forth in subsections (1) and (2) of this section shall be by ordinance and shall not take effect until after the next succeeding city election. (Code 1984, § 2.17; Ord. No. 150 2nd series, § 1, 8-26-1996; Ord. No. 164 3rd series, § 1, 2-22-2016) State law reference(s)—Salaries of mayor and council, Minn. Stat. § 415.11. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 11 of 29 224997v1 Sec. 2-39. Council meetings. Special meetings of the council may be called by the mayor, the city administrator, or by any two members of the council by writing filed with the city clerk, who shall then mail or deliver a notice to all the members of the date, time and place of meeting at least one three day before the meeting. Emergency meetings may be held without prior written notice when all councilmembers are present at the meeting or consent to the meeting orally or in writing. Written consent shall be filed with the city clerk prior to the beginning of the meeting, and oral consent shall be noted in the minutes of the meeting. An emergency meeting may be called because of circumstances that require immediate consideration by the city council. Posted or published notice is not required for an emergency meeting, but notice that includes the subject of the meeting shall be given to councilmembers by telephone or any other method used to notify members. The public body shall also make good faith efforts to provide notice as soon as is reasonably practicable of the emergency meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. (Code 1984, § 2.04) State law reference(s)—Calling of special meetings, Minn. Stat. § 412.191, subd. 2; notice of meetings, Minn. Stat. § 13D.04. Sec. 2-40. Council procedure at regular meetings. (a) The city clerk shall prepare the following items: (1) An agenda for the forthcoming meeting; (2) A report from the city administrator on administrative activities of the preceding month; (23) A copy of a compiled list of all claimants who have filed verified accounts claiming payment for goods or services rendered the city during the preceding month, such list to be called the "Check Register" and bearing headings information regarding purpose and amount; and (34) A copy of all minutes to be considered. (b) The city clerk shall forthwith cause to be delivered or mailed to the mayor and each councilmember copies of all such documents. Robert's Rules of Order, Newly Revised, shall be used as a guide to govern all council meetings as to procedural matters not set forth in this Code. The order of business at regular meetings shall be as set out by resolution. (c) Matters inappropriate for consideration at a meeting, or not in the order specified, shall not be considered except with the unanimous consent of the members of the council or scheduled public hearings or bid lettings at the time stated in the notice. If at an emergency meeting, matters not directly related to the emergency are discussed or acted upon at such meeting, the minutes of the meeting shall include a specific description of the matters. (Code 1984, § 2.05) State law reference(s)—Authority of council to regulate its procedures, Minn. Stat. § 412.191, subd. 2.; notice of meetings, Minn. Stat. § 13D.04, subd. 3. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 12 of 29 224997v1 Sec. 2-41. Right to administrative appeal. Except as otherwise provided, if any person shall be aggrieved by any administrative decision of the city administrator or any other city official, or any board or commission not having within its structure an established review schedule or an appellate procedure, such aggrieved person is entitled to a full hearing before the council upon serving a written request upon the mayor and city clerk. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. An appeal under this section shall be filed no later than ten days following the decision. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. A hearing on the appeal shall occur at the next regularly scheduled council meeting that is at least seven days after the appeal is served. At such hearing, the appellant may present any evidence he deems pertinent to the appeal; but the city shall not be required to keep a verbatim record of the proceedings. The mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on the mayor's own motion or the motion of the appellant, the city clerk, or a member of the council, adjourn the hearing to a more convenient time or place; but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. An employee of the city who is aggrieved by an action or decision of another city employee that relates to their employment shall exhaust the grievance procedures set forth in the administrative and personnel policy before requesting a hearing before the city council. The city council's decision on appeal may only be appealed to the Minnesota Court of Appeals. This section shall not apply to hearing officer decisions under section 50-32; decisions of an administrative officer under chapter 78; decisions of an administrative officer under chapter 82; decisions of the Community Development Directorplanning director under section 78-1604.; code enforcement letters that warn a person of a potential criminal, civil, or administrative penalties; or any matter regarding a pending or actual criminal charge based on a violation of this Code. (Code 1984, § 2.07; Ord. No. 178 3rd series, § 1, 10-10-2016; Ord. No. 253 3rd series, § 1, 2-8-2021) Secs. 2-42—2-70. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES3 DIVISION 1. GENERALLY Sec. 2-71. Interim emergency succession. (a) Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to ensure the continuity of duly elected and lawful leadership of the city to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices. 3Cross reference(s)—Any ordinance providing for salaries or other employee benefits not codified in this Code saved from repeal, § 1-12(a)(3). State law reference(s)—Authority of council to appoint officers and fix their duties, Minn. Stat. § 412.111. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 13 of 29 224997v1 (b) Succession to local offices. In the event of a nuclear attack upon the United States or a natural disaster affecting the vicinity of the city, the mayor, council and city administrator shall be the interim emergency council and shall be forthwith notified by any one of such persons and by any means available to gather at the city hall. If safety or convenience dictates, an alternative place of meeting may be designated. Those gathered shall proceed as follows: (1) By majority vote of those persons present, regardless of number, they shall elect a chairman and secretary to preside and keep minutes, respectively. (2) They shall review and record the specific facts relating to the nuclear attack or natural disaster and injuries to persons or damage to property already done, or their imminence. (3) They may, based on such facts, declare a state of emergency. (4) By majority vote of those persons present, regardless of number, they shall fill all positions on the council, including the office of mayor, of those persons upon whom notice could not be served or who are unable to be present. (5) Such interim successors shall serve until such time as the duly elected official is again available and returns to that position, or the state of emergency has passed and a successor is designated and qualifies as required by law, whichever shall occur first. (c) Duties of the interim emergency council. The interim emergency council shall exercise the powers and duties of their offices and appoint other key government officials to serve during the emergency. (Code 1984, § 2.10) Sec. 2-72. Workers' compensation. All officers of the city elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of employee as defined in state law relating to coverage for purposes of workers' compensation entitlement. The term "employee" shall include, but not by way of limitation, police reserve officers. (Code 1984, § 2.16) State law reference(s)—Authority to expand workers' compensation coverage to persons elected or appointed for regular term of office, Minn. Stat. § 176.011, subd. 9(6). Sec. 2-73. Computerized criminal history and driver's license history inquiries. (a) Purpose. The purpose of this division is to authorize the City of Orono to conduct computerized criminal history (CCH) and driver's license history inquiries on persons who are finalists for certain employment positions in the city and who are volunteers in city programs providing services to children or vulnerable adults. Access for these purposes shall be limited to Minnesota CCH public data only. Nothing in this division shall be construed to preclude the city from conducting comprehensive background investigations of applicants for city employment positions, including but not limited to accessing public data through other automated and non-automated sources and contacting references. Nothing in this division shall be construed to preclude the city from periodically conducting a driver's license inquiry upon employees or volunteers where possession of a valid driver's license is an essential qualification of the position. (b) Definitions. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 14 of 29 224997v1 (1) Computerized criminal history inquiries means criminal histories obtained through the Minnesota Bureau of Criminal Apprehension's computerized criminal history system. (2) Driver's license history inquiries means driver's license violations recorded by the Minnesota Department of Public Safety. (c) Findings of the city council. The city council makes the following findings regarding the need to conduct computerized criminal history and driver's license history inquiries on persons who are finalists for certain city positions and who are applying to volunteer in city programs providing services to children or vulnerable adults, recognizing that the city council has a significant interest in protecting the general public in the performance of government services. (1) Certain city employees and volunteers work independently with and provide public services to some of the most vulnerable members of society: children, senior citizens, developmentally disabled individuals, and mentally ill persons. Protection of these vulnerable persons warrants the investigation of persons who are finalists to fill these certain employment positions with the city and who are applying to volunteer in city programs that provide services to these members of the public. (2) Some city employees and volunteers work closely with public funds and accounts and are in positions that have access to property or assets of the city where losses are difficult to detect or prevent. In order to minimize the risk that the public trust will be violated, computerized criminal history inquiries of those individuals who are finalists to be employed in such positions are necessary. (3) Some city employees and volunteers enter the private homes of city residents in the performance of necessary and worthwhile public services. Computerized criminal history inquiries on persons who are finalists for such positions are deemed necessary to minimize the risk that the personal safety of residents in their homes will be violated. (4) Many city employees and some volunteers operate, on a regular basis, heavy machinery, buses, street maintenance equipment, and/or other city-owned motor vehicles on public rights-of-way. In order to minimize the loss of public property and the loss of life in serious traffic accidents, computerized criminal history inquiries and driver's license history inquiries of finalists for such positions are appropriate. (5) In accordance with the state policy of encouraging the rehabilitation of criminal offenders, the computerized criminal history and driver's license history inquiries prescribed herein shall not be an automatic bar to public employment but rather used in assessing the rehabilitation of the finalist in accordance with Minn. Stat. §§ 364.01 to 364.10. (6) This section cannot guarantee that groups or individuals will be protected from the criminal acts of employees or volunteers; rather, its intent is to minimize certain risks in the performance of government services to the general public. (d) Computerized criminal history and driver's license history inquiries authorized. Data obtained from computerized criminal history and driver's license history inquiries shall be released only to authorized personnel. The city administrator or the city administrator's designee is authorized to conduct computerized criminal history and driver's license history inquiries in accordance with the following procedures: (1) Only persons who are finalists for the positions of employment specified in section 2-73(e) of this division or who are applying to volunteer in city programs providing services to children or vulnerable adults shall be subject to the computerized criminal history and driver's license history inquiries prescribed herein. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 15 of 29 224997v1 (2) The person who is a finalist for a position detailed in section 2-73(e) of this division shall be presented with an informed consent form indicating that the person may consent to the computerized criminal history inquiry and/or driver's license history inquiry or may refuse. If the finalist refuses to sign the consent, the person shall not be allowed to continue in the employment process for the position sought. (3) Persons who are applying to volunteer in programs that provide services to children or vulnerable adults shall be notified that computerized criminal history and/or driver's license history inquiries will be conducted prior to their participation in the program. (e) Applicability. (1) Employees. Computerized criminal history inquiries and driver's license history inquiries shall be conducted in accordance with this division on persons who are finalists for the following city positions or position-types: a. Assessors, property appraisers, and meter readers; b. Public health nurses and aides and similarly situated public health personnel; c. Employees operating street maintenance equipment and heavy machinery; d. Employees operating any motor vehicle owned by or operated for the city; e. Employees directly providing recreation services to the public; f. Employees handling public funds or criminal evidence on a regular basis; g. Employees who have access to non-public information; h. Inspectors, sanitarians, and program specialists; and i. Department heads. (2) Volunteers. Computerized criminal history inquiries and driver's license history inquiries shall be conducted in accordance with this division on persons who are applying to volunteer in city programs that provide services to children or vulnerable adults. (f) Failure of computerized criminal history or driver's license history inquiries. Should the city reject the applicant's request for employment due, partially or solely, to the applicant's prior conviction of a crime, subject to the exception set forth in Minn. Stat. § 364.09, the city administrator shall notify the applicant in writing of the grounds and reasons for the denial. (g) Good faith reliance on record accuracy. The city may in good faith rely on the accuracy of the criminal history information received from federal, state, and county authorities in conducting the computerized criminal history or driver's license history inquiry prescribed herein. (h) Verification of identity. Questioned identity situations may occur which could require fingerprint verification where it is not clear if a record based on a name and date of birth search actually belongs to the subject of the computerized criminal history or driver's license history inquiry. (Ord. No. 25 3rd series, § 1, 5-23-2005) Secs. 2-74—2-95. Reserved. Title I - GOVERNMENT OPERATION Chapter 2 - ADMINISTRATION ARTICLE III. - OFFICERS AND EMPLOYEES DIVISION 2. CITY ADMINISTRATOR Orono, Minnesota, Code of Ordinances Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 16 of 29 224997v1 DIVISION 2. CITY ADMINISTRATOR Sec. 2-96. Position established. The position of city administrator is established. (Code 1984, § 2.06(1); Ord. No. 182 2nd series, § 1(2.06(1)), 1-25-1999) Sec. 2-97. Appointment and removal. The city administrator shall be appointed by the council for an indefinite term. He shall not be removed except by affirmative action taken by the council twice at two regular meetings held within 60 days. The action taken at the first such meeting shall be an expression of intent to vote thereon at the second such regular meeting not to be held sooner than ten days thereafter. If, at any time after the administrator has completed six months of continuous service, the council takes such action, the city administrator may, within 30 days after written notice of removal, request a public hearing which the council must grant and which must be started within 30 days after the request. (Code 1984, § 2.06(2); Ord. No. 182 2nd series, § 1(2.06(2)), 1-25-1999) Sec. 2-98. Qualifications. The city administrator shall be selected solely on the basis of his executive and administrative qualifications, with special reference both to his experience and formal education, as well as knowledge of accepted practices pertaining to the duties of the office. (Code 1984, § 2.06(3); Ord. No. 182 2nd series, § 1(2.06(3)), 1-25-1999) Sec. 2-99. Deputy city clerk. The city administrator shall, by virtue of that position, be a deputy city clerk. (Code 1984, § 2.06(6); Ord. No. 182 2nd series, § 1(2.06(6)), 1-25-1999) Sec. 2-100. Duties. The city administrator shall be the chief administrative officer of the city, and he shall be responsible to the council for the proper administration of all affairs of the city and to that end shall have the power and shall be required to: (1) Supervise the administration of all departments, offices and divisions of the city except as otherwise provided by law and carry out any other responsibilities placed under the administrator's jurisdiction by this chapter or by subsequent council action. The administrator shall interview and screen all Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 17 of 29 224997v1 prospective city employees as permitted by law and may make recommendations to the council before the council makes any appointment. The administrator, with the concurrence of the council, shall appoint department heads, who shall be responsible and accountable to the administrator. All personnel shall be responsible and accountable to the administrator. The city administrator may suspend any employee until the next council meeting. If the city council does not act to modify or rescind the suspension, the suspension shall be deemed ratified by the city council. (2) Develop and issue all administrative policies, rules, regulations and procedures necessary to ensure the proper functioning of all departments and offices under the administrator's jurisdiction as permitted by law and council approval. (3) Prepare and submit an annual budget to the council and keep the council advised of the financial condition of the city and make such recommendations as may from time to time be determined desirable and necessary. (4) Attend and participate in discussions at all meetings of the council and other official bodies as directed by the council. The city administrator shall also represent the city at all official or semiofficial functions as may be directed by the council and not in conflict with the prerogatives of the mayor. (5) See that all laws and provisions of this Code are duly enforced. (6) Make or let purchases and contracts when the amount or nature of claims does not exceed council approved purchasing policies.does not exceed $5,000.00 and r The city administrator shall receive all other estimates, quotations, sealed bids, purchases or contracts in excess of $5,000.00 and present them to the council for official action. State law reference(s)—Contracts, Minn. Stat. § 471.345. (7) Recommend from time to time the adoption of such measures as he may deem necessary or expedient for the health, safety and welfare of the community or for the improvement of the administration. (8) Perform such other duties as may be required by the council and consistent with state statute and this Code. (Code 1984, § 2.06(4); Ord. No. 182 2nd series, § 1(2.06(4)), 1-25-1999) Sec. 2-101. General supervisory capacity. No member of the council shall in any manner interfere with or prevent the city administrator from exercising the administrator's own judgment in the administration of the city. Except for the purpose of inquiry, no member of the council shall deal with or exercise control over the administration of the city; and no member shall give orders to any department head or employee of the city, either publicly or privately, except through a majority vote of the council. (1) If a councilmember receives information regarding a matter of concern related to the administration of the city, the councilmember shall forward the information to the administrator at the earliest possible time. The administrator shall then forward the information to the other councilmembers. (2) If an individual councilmember directly contacts a staff member for the purpose of obtaining information, the information shall be provided to all councilmembers and to the administrator, if the staff member contacted is other than the administrator. (3) If the response to a councilmember's inquiry will require significant time and effort, the staff person shall refer the councilmember to the administrator to determine whether the request can be Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 18 of 29 224997v1 accommodated within the current workload priorities. If the request conflicts with other workload priorities, the administrator may refer the request to the full council to determine whether the request should displace other council priorities. (4) Concerns raised by city employees regarding the administration of the city shall be addressed through the chain of command. The city's administrative policy shall set out the process to be used for addressing a concern through the chain of command. (5) Concerns raised by city employees regarding pay, benefits, and other employment-related matters shall be addressed through the grievance policy set out in the city's administrative personnel policy. (Code 1984, § 2.06(7); Ord. No. 182 2nd series, § 1(2.06(7)), 1-25-1999) Sec. 2-102. Acting administrator. The administrator may appoint an acting administrator to discharge the duties of the administrator's office when the administrator is on vacation, sick leave, leave, or out of the area on business. If the city council does not rescind or modify the appointment at the next city council meeting, the appointment shall be deemed ratified. If the city administrator no longer holds the position, the mayor may appoint an acting administrator subject to concurrence of the council at their next regular scheduled meeting. The appointment shall state the powers and authority granted to the acting administrator. (Code 1984, § 2.11) Secs. 2-103—2-135. Reserved. ARTICLE IV. DEPARTMENTS Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 19 of 29 224997v1 Sec. 2-136. Fire department. (a) Established; chief. A fire department may beis hereby established by resolution of the council. The size and composition, including members, shall be established by resolution of the council, which may be changed from time to time by a subsequent resolution. The council shall also establish and, from time to time, revise and amend written rules and regulations of the department, including, but not limited to, its internal structural organization and compensation. The chief of the fire department shall see that all property used and maintained for the purposes of the fire department are kept in proper order, and that all rules and regulations and all provisions of the laws of the state and this Code relative to a fire department and to prevention and extinguishment of fires are duly observed. He shall supervise the preservation of all property endangered by fire and shall control and direct all persons engaged in preserving such property. (b) Council may contract for services. In lieu of the requirements of subsection (a) of this section, the council may contract with one or more governmental units for fire protection for all or a portion of the city, and, in such case, the following shall be observed: (1) Fire service districts. The city shall be divided into fire service districts corresponding to the areas of the city which are provided with fire protection by separate fire departments as established by mutual agreement between the city and one or more contracting municipalities. Establishment of such districts shall not preclude or otherwise affect mutual aid agreements between fire departments. An official map shall be prepared and kept current to show all fire service districts in the city. (2) Protected areas. All land within the city shall be included in one of the fire service districts established in subsection (b)(1) of this section and shall be provided with fire protection service by the fire department having contractual jurisdiction. therefor, except that land on Big Island, Mahpiyata Island, Deering Island and other areas not accessible by land or bridge shall be excluded from fire protection. (3) Jurisdiction. The fire department of the city is the fire department having jurisdiction in each of the several fire service districts, and the fire chief is the person holding such position in each such department. Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 20 of 29 224997v1 (4) Definitions. a. Chief means the chief of the fire department which has contractual jurisdiction in each respective fire service district, or his authorized representative. b. Jurisdiction and municipality mean the city as a whole, and also that part of the city corresponding to each separate fire service district. (5) Enforcement. Authority for enforcement is hereby granted to and may be exercised by any or all of the following persons: a. The state fire marshal, or his authorized representative. b. The chief of each fire department, or his authorized representative, within the fire service district of such fire department. The Orono fire chief shall retain primary responsibility and authority for determining response to fire calls and for fire scene command. c. The chief of the police department or his officers. The Orono Fire Chief police chief shall be responsible for coordinating enforcement policy and activities between the respective fire service districts and between the fire chiefs and the building official. d. The Orono Fire Chief building official, or his authorized representative. The Orono Fire Chief building official shall be responsible for coordinating enforcement of the fire code set forth in chapter 46, article II division 2, with enforcement of the state building code adopted in section 86-38 and chapter 78 of this Code. (6) Fire prevention. The fire chief may conduct fire prevention inspections or educational programs within the fire service district of each respective fire department consistent with provisions of the fire code, provisions of the applicable fire prevention contract, standard practices of the fire department and applicable provisions of this Code. (c) Right of entry. The members of the fire, police or other city departments shall have the right to enter upon property to investigate a report of or the actual siting of a fire, to take appropriate action to control an illegal fire as defined in chapter 58, article IV, or legal fire that has been left unsupervised, conducted in an unpermitted area, or which otherwise poses a threat to the public health, safety or welfare. (Code 1984, § 2.32) Created: 2022‐07‐19 16:12:28 [EST] (Supp. No. 20, Update 2) Page 21 of 29 224997v1 Sec. 2-137136. City departments established. City departments shall be established as needed to provide for the delivery of city services. The heads of such departments shall report to the city administrator and shall perform such duties as assigned by the city administrator. Sec. 2-14037. Department heads. (a) All department heads and employees shall be appointed by the city administrator, subject to approval by the council. All appointments shall be for an indeterminate term. (b) The heads of all departments and the employees who are members of such departments shall be under the direct supervisory authority of the city administrator, and all communications (excepting inquiry) between members of the council and heads of departments shall be through the city administrator. (c) At the direction of the City Administrator, the department heads will have the following duties; (1) Be immediately responsible to the City Administrator for the effective administration of their respective department and subordinate sections. Department heads have the power to establish work rules and to initiate disciplinary proceedings in accordance with established Civil Service rules. (2). Keep informed as to the latest practices in their particular field and will implement, with the approval of the City Administrator, such new practices as appear to be of benefit to the service and to the public. (3) . Submit reports of the activities of their departments to the City Administrator as requested. (4). Establish and maintain a system of records and reports in sufficient detail to furnish all information necessary for proper control of section activities and to form a basis for the periodic reports to the City Administrator. (5). Be responsible for the proper maintenance of all City property and equipment used in their sections. (6). Cooperate with each other and furnish, upon the request of the City Administrator, any other department such service, labor and materials as may be requisitioned by the head of such department, and as its own facilities permit through the same procedure and subject to the same audit and control as other expenditures are incurred. (7). Be responsible for recommending to the City Council through the City Administrator changes in codes, ordinances, and internal organizations which will improve the operations of their sections. (8). Be responsible for submitting an annual budget request to the City Administrator which will include proposed additions or deletions in staff, adjustments in salary schedules and additions to plant and equipment. (9). Have responsibility for keeping the City Administration advised as to the programs and policies of other governmental agencies which might affect the City's operations within their area of responsibility. (10). Have authority to hire subject to the approval of the City Council and established Civil Service rules all part-time and temporary employees for their sections and departments. (Code 1984, § 2.30(1), (5)) Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 22 of 29 224997v1 Sec. 2-138. Administrative Department. (a) An Administrative department is hereby established. (b) The administrative department is headed by the City Clerk with responsibilities for the, issuance of licenses and permits, recording and custody of official documents, legal publication, the administration of elections, and City Communications. Sec. 2-138139. Legal department. (a) A legal department is hereby established. (b) The council shall appoint a city attorney, who shall be head of the legal department, together with such assistants as may be necessary who shall serve at the pleasure of the council. The city attorney shall perform such duties as are required of him by law or referred to him by the council. He shall cooperate with, but not be subject to, direction from the city administrator. Duties include: (1) Appearing for the city in all cases or hearings in which it is a party; (2) Advising the Council, its committees, or any City officer on all legal questions arising in the conduct of the City's business; (3) Preparing or revising ordinances when so requested by the Council, its committees, or by the City Administrator; (4) Performing such additional legal duties as may be necessary upon request; (5) It shall be the official duty of the city attorney to act as revisor of ordinances. (c) The council shall appoint a city prosecuting attorney, who shall be responsible for prosecuting all penal offenses committed within the City. (Code 1984, § 2.34) Sec. 2-139140. Finance department. (a) A finance department is hereby established. (b) The head of this department shall be the city treasurer and finance officer. It is the duty of the city treasurer and finance officer to maintain complete and accurate records as to all financial matters of the city as required by law. (c) The Director of Finance who will have responsibilities for financial planning and management, budgeting preparation and debt management, staff services to the City Administrator and such additional duties as assigned. The Director of Finance also has the responsibility of investment of City funds as City Treasurer. (d) The Finance Department will have the following sections/ responsibilities: (1) Accounting/Budgeting. Responsible for the control of receipts, accounts payable, fixed assets, special assessments, budgeting, and financial reporting of all City funds. (2) Human Resources. Responsible for various personnel management duties including such matters as pay and fringe benefit studies, employee grievance procedures and job classification studies; Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 23 of 29 224997v1 (3) Information Technology. Responsible for the hardware, software, operating systems and network for all City facilities as well as the maintenance and governance of the City’s telecommunication and wireless networks. (Code 1984, § 2.35) Sec. 2-141. Police Department. (a) A Police department is hereby established. (b) The Police Department will be headed by the Police Chief with responsibilities for assuring the efficient operation of the Police Department, seeing that order is maintained, that laws and ordinances are enforced and taking the necessary measures to prevent crime and to protect lives and property. The Chief of Police will be responsible for training, assignment, supervision, and discipline of all department personnel. Sec. 2-142. Fire department. (a) A fire department is hereby established. (b) Council may contract for services. In lieu of the requirements of subsection (a) of this section, the council may contract with one or more governmental units for fire protection for all or a portion of the city, and, in such case, the following shall be observed: (1) Fire service districts. The city shall be divided into fire service districts corresponding to the areas of the city which are provided with fire protection by separate fire departments as established by mutual agreement between the city and one or more contracting municipalities. Establishment of such districts shall not preclude or otherwise affect mutual aid agreements between fire departments. An official map shall be prepared and kept current to show all fire service districts in the city. (2) Protected areas. All land within the city shall be included in one of the fire service districts established in subsection (b)(1) of this section and shall be provided with fire protection service by the fire department having contractual jurisdiction. (3) Jurisdiction. The fire department of the city is the fire department having jurisdiction in each of the several fire service districts, and the fire chief is the person holding such position in each such department. (c) The fire department is led by the Orono Fire Chief. (1) The Orono fire chief shall retain primary responsibility and authority for determining response to fire calls and for fire scene command. (2) The Orono Fire Chief shall be responsible for coordinating enforcement policy and activities between the respective fire service districts and the building official. (3)_ The Orono Fire Chief, or histheir authorized representative. The Orono Fire Chief shall be responsible for coordinating enforcement of the fire code set forth in chapter 46, article II division 2, with enforcement of the state building code adopted in section 86-38 and chapter 78 of this Code. (4) Fire prevention. The fire chief may conduct fire prevention inspections or educational programs within the fire service district of each respective fire department consistent with provisions of the fire code, provisions of the applicable fire prevention contract, standard practices of the fire department and applicable provisions of this Code. Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 24 of 29 224997v1 (c) Right of entry. The members of the fire, police or other city departments shall have the right to enter upon property to investigate a report of or the actual siting of a fire, to take appropriate action to control an illegal fire as defined in chapter 58, article IV, or legal fire that has been left unsupervised, conducted in an unpermitted area, or which otherwise poses a threat to the public health, safety or welfare. (Code 1984, § 2.32) (Code 1984, § 2.32) Sec. 2-143. Public Works Department. (a) The Public Works department is hereby established. (b) The Public Works Department will be headed by the Public Works Superintendent with responsibilities for matters relating to maintenance, management, and operation of the physical property of the City assigned to the department. The Public Works Department will consist of the following divisions: (1) Streets and Stormwater. Responsible for maintenance of city streets, parking lots, sidewalks and care of trees on street rights-of-way as well as the maintenance and management of the city’s stormwater systems. (2) Utilities. Responsible for sewerage collection, water distribution, water treatment, and water meters. (3) Fleet. Responsible for equipment maintenance of City vehicles and equipment. Sec. 2-144. Parks Department. (a) A Parks Department is hereby established. (b) The Parks Department will be headed by the Parks superintendent who will have responsibilities for the acquisition and development of the City's park system, maintenance of all City-owned or leased land and buildings, and the care of trees on street rights-of-way and on park property. Sec. 2-145. Community Development Department. (a) A Community Development Department is hereby established. (b) The Community Development Director will have supervisory responsibility over the functions of Planning and Zoning, Inspections, Economic Development and Building Safety. This section will be headed by a Director who will be responsible to the City Administrator for the efficient operation of the departments under the Director’s jurisdiction. The Community Development Department will consist of the following Sections/ functions. (1) Planning and Zoning. Enforcing compliance with the City’s Land Development Code and the Comprehensive Plan; Reviewing and recommending revisions of the same; supporting and guiding the Planning Commission, preparing reports and plans for the development of the City relative to growth, subdivisions, zoning, environmental review, annexations and other related problems. (2) The Building Safety Department will be headed by the Chief Building Official who will have responsibilities for the enforcement of all laws and ordinances relating to the construction of buildings. nSec. 2-146. Engineering Department. (a) A Engineering Department is hereby established. Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 25 of 29 224997v1 (b) The department is headed by the City Engineer who will be a registered engineer under the laws of Minnesota with responsibilities for all project engineering, traffic engineering, and subdivision services, related code enforcement, capital project construction planning & management and engineering studies. Sec. 2-140. Department heads. (a) All department heads and employees shall be appointed by the city administrator, subject to approval by the council. All appointments shall be for an indeterminate term. (b) The heads of all departments and the employees who are members of such departments shall be under the direct supervisory authority of the city administrator, and all communications (excepting inquiry) between members of the council and heads of departments shall be through the city administrator. (Code 1984, § 2.30(1), (5)) Secs. 2-141—2-170. Reserved. ARTICLE V. FINANCE4 Sec. 2-171. Fees to be established by resolution; effect of absence of resolution. (a) Except as otherwise specifically provided by law or ordinance, all fees required or charged by the city shall be as established by resolution. (b) If the city has not established a particular fee by resolution, but has established such fee by ordinance, such fee shall be as established by ordinance; however, the city may reestablish or alter such fee by resolution. Sec. 2-172. Disposal of excess property. (a) The city administrator may recommend to the council that certain personal property (chattels) owned by the city is no longer needed for a municipal purpose and should be sold. By action of the council, such property shall be declared surplus, the value estimated and the city authorized to dispose of such property in the manner stated in this section. 4Cross reference(s)—Any ordinance promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness saved from repeal, § 1-12(a)(4); any ordinance fixing city fees or city charges saved from repeal, § 1-12(a)(5); any ordinance authorizing or improving any contract, deed or agreement saved from repeal, § 1-12(a)(6); any ordinance making or approving any appropriation or budget saved from repeal, § 1-12(a)(7); any ordinance levying or imposing any special assessment saved from repeal, § 1-12(a)(10); any ordinance levying, imposing or otherwise relating to taxes not codified in this Code saved from repeal, § 1-12(a)(14); special assessments, ch. 10. State law reference(s)—Municipal finance, Minn. Stat. chs. 426—435. Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 26 of 29 224997v1 (b) The city administrator may sell surplus property with a total value of less than $100.00 through negotiated sale. (c) The city administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $100.00. Notice of such public sale shall be given, stating time and place of sale and generally describing property to be sold, at least ten days prior to the date of sale by publication once in the official newspaper. Such sale shall be by auction or to the person submitting the highest bid. (d) All receipts from sales of surplus property under this section shall be placed in the general fund. (e) No employee of the city who is a member of the administrative staff, department head, a member of the council, or an advisor serving the city in a professional capacity may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given. It is unlawful and punishable as provided in section 1-8 for any person to be a purchaser of property under this section if such purchase is prohibited by the terms of this section. (Code 1984, § 2.61(3), (4)) Sec. 2-173. Reserved. Editor's note(s)—Ord. No. 81 3rd series, § 1, adopted Nov. 22, 2010, repealed § 2-173, which pertained to community investment fund and derived from Ord. No. 196 2nd series, § 1, 3-27-2000. Secs. 2-174—2-205. Reserved. ARTICLE VI. BOARDS AND COMMISSIONS5 Sec. 2-206. Appointments; removal. All board and commission appointments authorized by ordinance shall be made by the council at the first regular meeting in January of each year unless another appointment date is established elsewhere by ordinance. The term of each appointee shall be established and stated at the time of his appointment, and terms of present board and commission members may be reestablished and changed so as to give effect to this section. New appointees shall assume office immediately. All appointees to boards and commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. No appointed board or commission member shall be an employee of the city, but an ex officio member may be so employed. All appointed board and commission members shall serve without remuneration but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the council before they were incurred. In order to balance the need for consistency, with the desire to provide ongoing opportunities for new members, the council, in general, will reappoint commission members for up to two additional three-year terms beyond their initial three-year term. Any board or commission member may be removed by the council for any reason and his position filled as any other vacancy. Each board and commission shall hold its regular meetings at a time established and approved by the council. Boards and commissions created by resolution shall terminate when the 5Cross reference(s)—Park commission, § 22-31 et seq.; planning commission, § 74-1 et seq. Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 27 of 29 224997v1 purpose for which they were created has been accomplished or upon the expiration of their terms stated in the resolution. Except as otherwise provided, this section shall apply to all boards and commissions. (Code 1984, § 2.50; Ord. No. 115 2nd series, 5-24-1993) Chapter 6 ELECTIONS6 Sec. 6-1. Date of election. The regular city election shall be held biennially on the first Tuesday after the first Monday in November in every even-numbered year. (Code 1984, § 2.03(1)) State law reference(s)—Similar provisions, Minn. Stat. §§ 412.023, 205.07. Chapter 10 SPECIAL ASSESSMENTS7 Sec. 10-1. Prepayment authorized. Property owners assessed for public improvement projects may partially prepay their assessment in the following manner: (1) No interest shall be charged for partial prepayments made within 30 days from the date of adoption of the assessment. (2) Partial prepayments made after 30 days from the adoption date of the assessment and before November 15, of the year of the assessment, shall incur interest based upon the entire assessment through December 31 of the year of the assessment. (Ord. No. 160 2nd series, 5-12-1997) State law reference(s)—Partial prepayments of special assessments, Minn. Stat. § 429.061, subd. 3; special assessments, Minn. Stat. ch. 429. 6Cross reference(s)—Administration, ch. 2; city council, § 2-36 et seq. State law reference(s)—Minnesota Election Law, Minn. Stat. chs. 200, 201, 202A, 203B, 204B, 204C, 204D, 205, 205A, 206, 208, 209, 211A, 211B, 211C; municipal elections, Minn. Stat. ch. 205. 7Cross reference(s)—Any ordinance levying or imposing any special assessment saved from repeal, § 1-12(a)(10); finance, § 2-171 et seq. State law reference(s)—Special assessments, Minn. Stat. ch. 429; authority to defer special assessment, Minn. Stat. § 435.193; termination of deferment, Minn. Stat. § 435.195. Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 28 of 29 224997v1 Sec. 10-2. Deferment of special assessments. (a) The council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or who is retired by virtue of permanent and total disability; and the city clerk is authorized to record the deferment of special assessments where the following conditions are met: (1) The applicant must apply for the deferment not later than 90 days after the assessment is adopted by the council. (2) The applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability, which shall be deemed prima facie to exist when the applicant presents a statement by a medical doctor attesting that the that fact or by submittal of a copy of a social security disability certification. (3) The applicant must be the owner of the property. (4) The applicant must occupy the property as his principal place of residence. (5) There must be a hardship for the applicant to make the payments. A hardship shall be deemed prima facie to exist when tThe applicant's income from all sources shall not exceed the low income limit as established by the department of housing and urban development as used in determining the eligibility for section VIII housing. In determining a hardship, the City Council may also consider exceptional and unusual circumstances pertaining to an applicant not covered by the above standards, but any such determination shall be made in a non-discriminatory manner and shall not give the applicant an unreasonable preference or advantage over other applicants. (b) The deferment shall be granted for as long a period of time as the hardship exists and the conditions as mentioned in subsection (a) of this section have been met. However, it shall be the duty of the applicant to notify the city clerk of any change in his status that would affect eligibility for deferment. (c) The entire amount of deferred special assessments shall be due within 60 days after loss of eligibility by the applicant. If the special assessment is not paid within 60 days, the city clerk shall add thereto interest at eight percent per annum from the due date through December 31 of the following year and the total amount of principal and interest shall be certified to the county auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the council may order that the applicant pay within 60 days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment. (d) The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following: (1) The death of the owner when there is no spouse who is eligible for deferment. (2) The sale, transfer or subdivision of all or any part of the property. (3) Loss of homestead status on the property. (4) Determination by the council for any reason that there would be no hardship to require immediate or partial payment. (Code 1984, § 2.62) Created: 2022‐07‐19 16:12:29 [EST] (Supp. No. 20, Update 2) Page 29 of 29 224997v1 State law reference(s)—Authority to defer special assessment, Minn. Stat. § 435.193; termination of deferment, Minn. Stat. § 435.195. Title V - PUBLIC PROTECTION Chapter 46 FIRE PREVENTION AND PROTECTION Orono, Minnesota, Code of Ordinances Created: 2023‐02‐03 16:30:07 [EST] (Supp. No. 20) Page 1 of 5 Chapter 46 FIRE PREVENTION AND PROTECTION1 ARTICLE I. IN GENERAL Secs. 46-1—46-30. Reserved. ARTICLE II. FIRE PREVENTION AND FIRE SAFETY STANDARDS2 DIVISION 1. GENERALLY Sec. 46-31. Definitions. The following words, terms and phrases, when used in this article, the fire code or the fire marshal division alterations and amendments, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building official means the person appointed by the council to administer and enforce the state building code. Fire Chief means the chief of the Orono fFire dDepartment which has contractual jurisdiction in each respective fire service district, or histheir authorized representative. Corporation counsel means the attorney for the city. Fire marshal means the person appointed by the council to administer and enforce the state fire code and who operates under the direction of the Fire Chief building official. Jurisdiction and municipality mean the city as a whole, and also that part of the city corresponding to each separate fire service district. (Code 1984, § 9.34(3)) Cross reference(s)—Definitions generally, § 1-2. 1Cross reference(s)—Fires on streets and sidewalks, § 18-3; building fires in parks, § 22-97; discharging fireworks in parks, § 22-98; emergency services, ch. 42; fire danger and storage and disposal of solid waste, § 54-34; open burning, § 58-156 et seq.; zoning regulations of explosives, § 78-1574; buildings and building regulations, ch. 86. State law reference(s)—General authority relative to fire prevention, Minn. Stat. § 412.221, subd. 17. 2State law reference(s)—Fire safety generally, Minn. Stat. ch. 299F. Created: 2023‐02‐03 16:30:07 [EST] (Supp. No. 20) Page 2 of 5 Sec. 46-32. Enforcement. Authority for enforcement of this article is granted to and may be exercised by the state fire marshal or the fire chief or the chief's representatives. The fire chief may detail such members of the fire department as may be necessary to administer and enforce the provisions of this chapter. any or all of the following persons: (1) The state fire marshal or his authorized representative. (2) The chief of each the fire department, or his authorized representative, within the fire service district of tThe fire department. The fire chief shall retain primary responsibility and authority for determining response to fire calls and for fire scene command. (3) The chief of the police department or his officers. The police chief shall be responsible for coordinating enforcement policy and activities between the respective fire service districts and between the fire chiefs and the building official. (4) The building official or his authorized representative. The building official shall be responsible for coordinating enforcement of the fire code with enforcement of the state building code and chapter 78 of this Code. (Code 1984, § 9.34(4)) Sec. 46-33. Permits and fees. (a) Wherever the fire code or this article requires a permit, applications for such permit shall be made to the building official with all information required, and payment of a permit application fee as fixed and determined by resolution. Application fees shall be nonrefundable. (b) The building official shall refer all fire code permit applications to the fire chief of the applicable fire service district, who shall perform required pre-permit inspections. The fire chief shall upon request by the building official supply a written report to the building official prior to permit issuance. (c) All fire code permits shall be issued by the building official upon the advice of the fire chief and subject to such conditions of approval as may be required by the fire chief, except that fireworks permits pursuant to article 78 of the Minnesota Uniform Fire Code shall be issued by the fire police chief. One such copy of all permits so issued shall be delivered to the fire chief for his record. (d) The fire chief or the chief’s representative shall supply a written report to the State Fire Marshal’s Office of permits issued for fire protection in the City of Orono on a yearly basis. (de) No fire code permit shall be issued if the permit would authorize an activity or use of property or structures contrary to any provision of the fire code, the state building code or chapter 78. (Code 1984, § 9.34(5)) Sec. 46-34. Required water supply; new construction. The fire chiefbuilding official may order the installation or relocation of fire hydrants in areas not served by the municipal water system and, for uses other than single-family residential, a self-contained on-site source of water as a condition of issuance of a building permit. (Code 1984, § 9.34(12)) Created: 2023‐02‐03 16:30:07 [EST] (Supp. No. 20) Page 3 of 5 Secs. 46-35—46-55. Reserved. DIVISION 2. STATEUNIFORM FIRE CODE3 Sec. 46-56. Adopted. The 2020 Minnesota StateUniform Fire Code (MSUFC) is adopted as though set forth verbatim in this section. One copy of the code shall be marked "CITY OF ORONO—OFFICIAL COPY" and kept on file in the office of the city clerk and open to inspection and use by the public. (Code 1984, § 9.34(1)) Sec. 46-57. Amendments. As authorized by the Minnesota Uniform Fire CodeMinnesota State Fire Code (MUFCMSFC), the following amendments to the Minnesota Uniform Fire CodeMinnesota State Fire Code are adopted for the city: (1) Restrictions on flammable or combustible liquid storage. a. Prohibited districts established. TPursuant to MUFC sections 79.501 and 79.1001, the council declares all land located within the following specified zoning districts to be the districts within which the storage of flammable or combustible liquids in aboveground tanks is prohibited: R-1A, R-1B, RR-1B-1, RS, LR-1C, LR-1C-1, B-1, B-3, B-4, B-5, M-6 and PRD. b. Aboveground tank locations. In those districts not included in subsection (1)a of this section, the storage of flammable or combustible liquids in aboveground tanks is permitted, provided such tanks are located in conformance with MUFCapplicable MSFC requirementssections 79.501 and 79.1001, and with the following: 1. No such tank shall be located in any required front yard space as defined in chapter 78. 2. No such tank shall be located within 50 feet of any side or rear property line unless it has a minimum one-hour fire rating. A tank with a minimum one-hour fire rating may be located within 30 feet of any side or rear property line. 3. No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway. c. Underground tank locations. The storage of flammable or combustible liquids in underground tanks shall be permitted in any district in accordance with applicable MUFCMSFC requirementssection 79.601 and with the following: 1. No such tank shall be located under any required front yard space as defined in chapter 78. 2. No such tank shall be located within ten feet of any side or rear property line. 3. No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway. (2) Restrictions on liquefied petroleum gas storage. TPursuant to MUFC section 82.105, the council declares all land within the city, except for land zoned I-Industrial, to be the district within which no liquefied petroleum gas storage installation shall exceed 2,000-gallon water capacity for any one property; and the council further declares that no liquefied petroleum gas storage installation over 3State law reference(s)—State Uniform Fire Code, Minn. Stat. § 299F.011. Created: 2023‐02‐03 16:30:07 [EST] (Supp. No. 20) Page 4 of 5 500-gallon water capacity shall be located in any required front, side, rear or lakeshore yard as defined in chapter 78, but shall conform to all setback requirements for principal buildings. (3) Restrictions on explosive and blasting agent storage. TPursuant to MUFC section 77.106(b), the council declares all land within the city to be the district in which storage of explosives and blasting agents is prohibited. (Code 1984, § 9.34(2); Ord. No. 121 2nd series, § 3, 9-27-1993; Ord. No. 186 2nd series, § 1, 4-26-1999; Ord. No. 76 3rd series, § 1, 7-12-2010) Sec. 46-58. New materials. The city administrator, police chief, building official and the fire chief of every fire department protecting a fire service district of the city shall together act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those enumerated in the fire code. As they occur, such determinations shall be listed; and such list shall be posted in the offices of the police chief, the building official and eachthe fire chief, and distributed to all interested parties. (Code 1984, § 9.34(6)) Secs. 46-59—46-80. Reserved. DIVISION 3. FIRE LANES4 Sec. 46-81. Established. (a) The council provides for the establishment of fire lanes for purposes of ensuring immediate unobstructed access for emergency vehicles and equipment. (b) Whether marked or unmarked, fire lanes are established at all public or private fire hydrants, which fire lanes shall extend ten feet on either side of the hydrant and 20 feet in front of the curb or pavement edge nearest the front of the hydrant. (c) Whether marked or unmarked, fire lanes are established at all building exits required by the fire code or the state building code, which fire lanes shall extend ten feet in all direction from the exits. Where larger fire lanes are required, they shall be established and marked as provided in subsection (d) of this section. (d) The chief of policeFire Chief is empowered to order the establishment, designation and maintenance of fire lanes on public or private property wherever and to whatever extent as he may determine is reasonably necessary to ensure open and unobstructed emergency access. In this determination, the police chief willmay confer with and accept the recommendations of the building official or the fire chief of the applicable fire service district. Fire lane orders shall be in writing and shall be served in person or by registered letter upon the property owner of record, or in the case of commercial properties, may be served upon the tenant occupying the property. (Code 1984, § 9.34(7)) 4Cross reference(s)—Traffic and vehicles, ch. 66. Created: 2023‐02‐03 16:30:07 [EST] (Supp. No. 20) Page 5 of 5 Sec. 46-82. Standards. The actual size, location and extent of required fire lanes shall be determined by the fire police chief in consideration of the particular access need and configuration on individual properties. As a minimum, all marked and designated fire lanes shall be at least 20 feet in unobstructed width, shall have at least 13 feet six inches of vertical clearance, shall where necessary provide for a turning radius of at least 50 feet, and shall be constructed of all-weather surfacing capable of carrying a vehicle axle loading of five tons (10,000 pounds). (Code 1984, § 9.34(8)) Sec. 46-83. Fire lane signs and marking. (a) When a fire lane has been ordered to be established pursuant to this division, one or more permanent upright metal signs bearing the words "NO PARKING—FIRE LANE" or similar words, if approved by the firepolice chief, shall be placed designating the restricted area. The number, size and location of required signs shall be determined by the firepolice chief. (b) When the fire lane is located on public property or within a public right-of-way, the required signs shall be erected by the city or by the public agency having jurisdiction over the property. (c) When the fire lane is located on private property, the required signs shall be erected by the property owner at his own expense within 30 days of the date of the order establishing the fire lane. (Code 1984, § 9.34(9)) Sec. 46-84. Maintenance. All established fire lanes shall be permanently and continuously maintained by the property owner to be free from obstructions, including motor vehicles, trailers, equipment, storage, rubbish, vegetation or accumulations of dirt or snow. All required fire lane signs shall be permanently and continuously maintained by the property owner to be securely fastened, not visually obstructed in any way, and free from paint or vandalism. Missing or vandalized signs shall be promptly replaced. (Code 1984, § 9.34(10)) Sec. 46-85. Obstructing. Whether located on public property or on private property, it is unlawful for any person to obstruct any established fire lane at any time. (Code 1984, § 9.34(11)) CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7428 RESOLUTION FOR THE ORONO FIRE CHIEF TO BE AUTHORIZED TO ENFORCE THE FIRE CODE WHEREAS, the City of Orono (“City”) has passed Resolution 7375 to establish a fire department; and WHEREAS, The City of Orono hired Chief James VanEyll to serve as the Orono Fire Chief effective December 30, 2022; and WHEREAS, the City must enforce the fire code; and WHEREAS, the City shall provide a competent plan review conducted by a person trained in fire protection system plan review; and WHEREAS, The City is required by MN Statue 7512.200 Subpart 3 to document the permits issued each calendar year and supply this information to the Commissioner of Public Safety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The City of Orono has authorized the Orono Fire Chief, James VanEyll to have the authority to enforce the fire code. 2. The City of Orono also authorizes the Orono Fire Chief, James Van Eyll to perform fire protection plan review as approved by the Minnesota State Fire Marshal’s Office. ADOPTED this 13th day of November, 2023, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Dennis Walsh, Mayor ATTEST: ______________________________ Christine Lusian, City Clerk AGENDA ITEM Prepared By: Reviewed By: Approved By: 1. Purpose. The purpose of the agenda item is for the Orono representatives for the Future Fire Service Committee to provide and update on the most recent meeting. 2. Last Meeting. The Future Fire Service Committee met on November 1, 2023. 3. Members. Members of the Committee are: a. Council Members. Matt Johnson & Maria Veach; Alisa Benson (Alternate) b. City Staff. Adam Edwards & James Van Eyll COUNCIL ACTION REQUESTED None. Item No.: 29 Date: November 13, 2023 Item Description: Future Fire Services Committee Update Presenter: Maria Veach Council Members Agenda Section: Council Committee Reports