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HomeMy WebLinkAbout12-11-2023 City Council Agenda PacketAgenda City Council Meeting Monday, December 11, 2023, 5:55 PM City Council Chambers - 2780 Kelley Parkway, Orono MN 55356 952-249-4600 /www.ci.orono.mn.us 1. City Council Meeting Minutes of November 27, 2023 2. City Council Work Session Minutes of November 27, 2023 3. City Council Closed Session Minutes of December 4, 2023 4. Claims/Bills 5. Approve Next Work Session Draft Agenda 6. Approval of Rental Licenses 7. Retirement of Police Canine "Xerxes" 8. Appoint Election Judges and Establish Absentee Ballot Board - Resolution 7434 9. Authorization to accept resignation of Barry Sullivan 10. Approval to Hire Custodian 11. Appointment of Finance Director 12. Appointment of Interim Finance Director 13. Amend City Code - Government Operations - Ordinance 286 14. Amend City Code - Fire Prevention and Fire Safety Standards - Ordinance 287 15. LA23-000060, Brian Benson, 3600 Casco Ave, Variance - Resolution 7432 16. Personnel Policy Updates 17. Employee Pay Scale Adjustments - Resolution 7443 18. #LA23-000061, Amy Eakman with Outdoor Excapes o/b/o Jereme and Stephanie Tom, 2601 Casco Point Road Variance – Resolution No. 7433 19. #LA23-000045, Ellette Anderson, Vacation of ROW between 1250 and 1260 Spruce Place 20. Adopt 2024 Long Lake Fire Operating Budget 21. Final Levy 2023 Collectible in 2024 - Resolution 7436 22. Special Revenue Funds Budgets 2024 - Resolution 7438 23. Fee Schedule Updates - Ordinance 288 24. Adopt 2024 Capital Improvement Plan 25. Final General Fund Budget 2024 - Resolution 7437 26. Enterprise Funds Budget 2024 - Resolution 7439 The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda Community Development Report Finance Report Sign up for email notifications at www.co.orono.mn.us 1 27. Appreciation for Finance Director Ron Olson - Resolution 7435 Attorney Report City Administrator/Engineer Report Council Committee Reports Public Comments - (Limit 3 Minutes per Person) This is an opportunity for the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Mayor/Council Report Adjournment Upcoming Events 2023 12/13 Coffee with the Mayor 12/22 Closed - Official Holiday 12/25 Closed - Official Holiday 2024 01/01 Closed - Official Holiday 01/02 Park Commission Work Session 6pm 01/08 City Council Work Session 5pm 01/08 City Council Meeting 6pm 01/10 Coffee with the Mayor 01/15 Closed - Official Holiday 01/16 Planning Commission Meeting 6pm Sign up for email notifications at www.co.orono.mn.us 2 Item No.: 1 Date: December 11, 2023 Presenter: Christine Lusian City Clerk Agenda Section: Consent Agenda Item Description: City Council Meeting Minutes of November 27, 2023 1.Purpose: Approve the City Council Meeting Minutes of November 27, 2023. AGENDA ITEM COUNCIL ACTION REQUESTED Approve the City Council Meeting Minutes of November 27, 2023. Exhibits Ex. A 11-27-2023 City Council Minutes 3 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 10 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Alisa Benson, Richard Crosby III, and Maria Veach. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Public Works Superintendent David Goman, Finance Director Ron Olson, Community Development Director Laura Oakden, and Fire Chief James Van Eyll. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA The Agenda was approved by consensus as presented. CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF NOVEMBER 13, 2023 2.COUNCIL WORK SESSION MINUTES OF NOVEMBER 13, 2023 3.APPROVE WORK SESSION DRAFT AGENDA 4.CLAIMS/BILLS 5.APPROVE ALCOHOL SALES LICENSES 6.APPROVE CALENDAR OF OFFICIAL PUBLIC MEETINGS 7.APPROVE RECORDING SERVICES AGREEMENT 8.RESOLUTION 7421 – DESIGNATE POLLING PLACES FOR 2024 9.RESOLUTION 7420 – ACCEPT DONATIONS FOR TREE LIGHTING 10.APPROVE UTILITY RATES 11.AUTHORIZE PAID-ON-CALL FIREFIGHTER This item was removed from the consent agenda. Crosby moved, Veach seconded, to approve the Consent Agenda with Item 11 removed. VOTE: Ayes 5, Nays 0. Walsh noted donations at a value of $8,700 for the upcoming tree-lighting ceremony from Kottemann Orthodontics, Orono Dental, Otten brothers, Ben Goodwin, the Walsh Family, Lisa Erickson/Edina Realty, Orono Lions Club, Holiday/Circle K and Culvers. PUBLIC HEARINGS 12. TRUTH IN TAXATION 4 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 10 Finance Director Olson explained how property taxes are calculated, beginning with the Hennepin County Assessor’s Estimated Market Value. The preliminary budget and tax levy was approved by the Council on September 11. The final budget and levy will be adopted December 11. He noted the City of Orono’s tax Capacity is the second lowest in the area. He also showed the City’s proposed general fund revenue and expenditure budgets for 2024. Total estimated revenues and expenditures are $11,536,630, an increase of 4.9 percent from 2023. The total proposed levy is $9,415,100. Compared to 2023, the levy is increasing by $1,028,100 or 12.3%. Mayor Walsh opened the public hearing at 6:35 p.m. Denise Reilley, 3405 High Lane, spoke to object to the budget and the resulting 26 percent increase in her personal Orono property taxes. Since Walsh has been mayor, she said, the City’s levy has increased from $5.2 million in 2017 to a proposed $9.4 million for 2024, which is an increase of more than 80 percent. She said part of the increase is to fund a new Fire Department including the hiring of a Chief and firefighters and the purchase of trucks. However, the contract with Long Lake runs through 2025. This past summer, Long Lake requested and was granted an injunction to keep Orono from breaking that contract, she said. This past week a judge found that Orono had violated the injunction and ordered Orono to pay Long Lake’s attorney fees and other charges, including $2,000 per violation. She said she objects to her taxes being used to pay attorney’s fees and other costs due to the City’s actions and pointed out those costs are probably not yet reflected in the budget. She asked that there be a moratorium on the new Fire Department until after a referendum, which would be the election that occurs before the end of the contract. Kim Carswell, 261 Cygnet Place, said the Council keeps talking about tax rates remaining stable but the funds the City pulls in has increased more than 80 percent since 2017 so it is spending what it has rather than prioritizing needs. Continuing to talk about the tax rate remaining steady is not clear communications to the citizens as to how much money the City keeps bringing in and spending, she said. James Elder, 195 South Brown Road, said the examples are based on property values remaining static. No one’s property values have remained the same. He said the presentation slides didn’t show that so that is not Truth in Taxation, which he referred to as an oxymoron. He noted the inflation of property values and the increase of the City’s tax capacity as a result. That doesn’t mean the City needs to keep spending all that money, he said. The more property values go up the more money the City has to spend, and it’s not well accounted for. He also pointed to enterprise funds as actually being costs to taxpayers such as water and sewer. He said those are taxes described as fees. Enterprise funds carry balances and create a slush fund that can be transferred to other accounts, which is not as clear to the taxpayers. Kelly Prchal, 4705 Watertown Road, also said she objects to incredible spending on an unnecessary Fire Department and she objects to tax dollars going to fines being caused by this spending and recruitment of firefighters. The budget has a line item for fire services from Long Lake for more than $600,000 in 2024 and a line item for Orono Fire that is higher than that, at more than $700,000 without yet providing any services, she said. She asked why the City is moving forward with duplicating fire services when neighboring communities are joining together. Luann Tolliver said she was there because she is very concerned about the 12.2 percent levy increase notice she received from Hennepin County. She said if some areas of the budget increase it is necessary to decrease other areas, adding that’s how she has to run her budget. She said she can’t spend more money 5 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 10 than she makes so she asked the Council to think before approving that. She said Orono property owners are not an endless revenue source. Brian Turbeville, 997 Wildhurst Trail, said he has been attending City Council meetings for about a year and has had to watch votes being taken that are adding millions in one vote for a Fire Department. He has listened to speeches from Council for a year on how the City needs to solve a $500,000 problem by spending $3 million in one night. The opinion was Long Lake was deficient in providing services for the future, he said, yet this Council voted down increases requested for Long Lake Fire for equipment and other needs prior to that. During the time the Council said it was talking about a new Fire Department, the Council bought a new fire truck and updated it. The City has owned that truck for a year but he said he was curious if it has left the garage. Suddenly one day, the Council was not talking about it; it was decided so get on board. He noted that was Council Member Johnson’s lecture to Council Member Benson. The City has spent millions on equipment and is proposing $3 million for a temporary fire station. Take on top of that the legal problems this Council has had way beyond surrounding cities, he said. Not every home in Orono sits on the lake. Not every home has residents making $300,000 or $400,000 per year, he said, adding the City is driving out residents who will not be able to afford those increases, people who work in this City. He said it has been an amazing year watching politics up close and he is extremely disappointed. Mayor Walsh closed the public hearing at 6:52 p.m. Benson said she agrees that asking residents to pay for duplicate fire services for 2024 and 2025 is not responsible. She said the amount of money the City intends to spend on the Orono Fire Department in 2024 is not well-placed. She also said the City is not paying down debt according to schedule in 2024 but is instead increasing debt due to the Fire Department. Walsh said Orono is one of the lowest tax cities and has reserves to pay for roads or other needs. He said the enterprise funds pay for needed items in the City like road projects, so they are not slush funds. He said expenses have gone up in nine years due to inflation and personnel costs but also because over nine years, the City has made a concerted effort to fund all accounts. At one point, he said, the City had zero dollars in the budget for road improvements, parks, and public works. A pavement management plan is no plan with no money. The pavement plan is now caught up, he said. He listed the park improvements that have been made in that time. There was no technology in the City nine years ago, he said – just file cabinets and boxes of paper. Now everything is on microfiche and online. He also said the City has been protecting taxpayers from bogus claims. The Orono Fire Department will provide what is needed for the long-term needs of the City, he said. The Orono Fire Department will continue to move forward. It is in the best interest of citizens and will begin on July 1, 2024. Benson said if the Fire Department was removed, according to her talks with Olson, the levy would be a four percent increase instead of 12.26 percent. Walsh said because so much has not been done, Orono would be giving all that money to Long Lake for fire equipment. This plan provides for future replacement which will be budgeted, he said. Johnson said he owns multiple properties in the community and budget decisions the Council makes impact Council Members as well, as they are also residents of the community. He said property values are set by the County and he would encourage people to have those conversations with the County. Regarding enterprise funds, he said infrastructure and depreciation are included in rates so the City does 6 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 10 not have to do large-scale assessments. Orono budgets for road and infrastructure improvements rather than leveling assessments, he said. It was necessary to pre-spend money to get the Fire Department going, he said. The City considered that in deciding the best path forward. The City is purchasing equipment that are long-term assets and have real value going forward. He said his comments that voting against Fire Department is irresponsible is because the decision to start the City’s own Fire Department has been made and now it is necessary to make the purchases to fund it. This puts the City on the best path going forward. He said he doesn’t want to pay more taxes either but he also thinks the City is on the right path and this is the equation that gets the City into the best stability in the future. Crosby said the Fire Department is a very emotional issue and that he himself was part of the Long Lake Fire Department for 10 years and considers many of the firefighters as family. This topic has been pushed back and forth from City to City. People question how Orono can afford it. Going from funding 87 percent to 100 percent is getting questioned, he said. Long Lake is going from 7 percent to 100 percent when Orono drops off and they are not having these discussions. This Council voted to move ahead with the Orono Fire Department, he said. It is happening. To not fund it appropriately would be a dereliction of duty. He also pointed to Orono having one of the lowest tax rates in the area. He said it’s all tied to the property values, stating residents should be contacting Hennepin County. Veach said this is her first budget meeting and she is learning. She said she is sensitive to fixed incomes and people who have lived and worked and want to retire here. She said she believes in what the City is doing. The budget is the maximum you can spend, she said. Benson said it comes down to what the Council has control over and what they don’t. She said she wants to take responsibility for what they can control. The Hennepin County assessor is legally responsible for keeping property values within five percent either way, she said. It’s not a number pulled out of the ether. The Council does have control over the levy. Property tax formulas are confusing. Her responsibility, she said, is to help make it clear to the public. She explained there can be a flat rate of taxes from one year to the next but because of value increases, an individual can have a higher tax bill. 13.ORDINANCE 285 CANNABIS MORATORIUM Community Development Director Oakden said during the 2022 legislative session, the Minnesota Legislature amended its code to permit the sale of edible and nonedible cannabinoid products that contain no more than 0.3 % of Tetrahydrocannabinol, commonly known as THC (“THC Products”). The City’s ordinance setting regulations for the sale of lower-potency hemp products containing THC products has now expired. The new law establishes that the sale of cannabis and THC-containing products are still subject to local planning and zoning restrictions and must comply with local zoning code. The new law provides no guidance on how cities are to zone the new businesses, leaving it to local control, she said. Pursuant to Minn. Stat. § 342.13(e), a unit of local government may adopt an interim ordinance to protect the planning process and the health, safety, and welfare of its citizens. Prior to adopting the interim ordinance, the governing body must hold a public hearing on the topic. The interim ordinance can regulate, restrict, or prohibit the operation of any cannabis business within the local government’s jurisdiction until January 1, 2025. She said a moratorium on this new type of business will allow staff time to develop potential parameters and recommendations for future text amendments to the City Code regarding zoning, including setbacks, district requirements, and any licensing standards. It is hoped the new State agency, the Office of Cannabis Management, will provide some guidance for municipal regulations and licensing programs. Oakden said staff recommends approval of an interim ordinance prohibiting the operation of cannabis businesses until Jan. 1, 2025. 7 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 10 Mayor Walsh opened the public hearing at 7:21 p.m. There were no public comments. Mayor Walsh closed the public hearing at 7:21 p.m. City Attorney Mattick said the proposed ordinance does not impact products with 5 milligrams per dosage such as low-level gummies. It does cover more than retail sales and impacts manufacturing and distribution of products of higher dosages. The ordinance would give the City time to look at planning and zoning for this issue. The City would not be taking away anything that currently exists. The State agency is not yet issuing licenses. Veach moved, Crosby seconded, to adopt Ordinance 285 placing a moratorium on cannabis businesses in the City until Jan. 1, 2025. VOTE: Ayes 5, Nays 0. 11.AUTHORIZE PAID-ON-CALL FIREFIGHTER Fire Chief Van Eyll said this recommendation would hire Pat Cotton as a paid-on-call firefighter. He has experience with another department and holds Fire Fighter 1 and 2 and EMR, Van Eyll said. He recommended a conditional job offer with an effective start date of Nov. 28, 2023 for limited administrative duties with pay of $16 per hour. Training and other duties would start Jan. 1, 2024 contingent on passing the background check. Benson pointed out the individual is currently serving Long Lake Fire and she questioned whether the hiring of the candidate was a violation of the injunction. Veach said she spoke with the attorney representing Orono in the Long Lake lawsuit who confirmed in writing that it would not be a violation as the candidate applied of his own volition, so the hire is not in conflict with the court order. Walsh moved, Crosby seconded, to approve the hiring of Pat Cotton as a paid-on-call firefighter effective Nov. 28, 2023 at the rate of $16 per hour. VOTE: Ayes 4, Nays 1 (Benson). COMMUNITY DEVELOPMENT REPORT Oakden said the Department is finished with planning items for the year and is working on updating the retaining wall ordinance as adopted by the Council, closing out permits, and updating the website. There are still new permits and projects coming through. Staff is trying to close out permit requests from the summer before the snow flies so the inspector is still busy. CITY ATTORNEY REPORT Attorney Mattick reported the previous week the City received a favorable ruling on Barbars Schmidt vs. City of Orono. The court ruled in favor of the City of Orono and dismissed that claim in its entirety with prejudice, which means the case is done and cannot be refiled. It does not preclude an appeal. CITY ADMINISTRATOR/ENGINEER REPORT 8 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 10 14.PUBLIC WORKS BUILDING CHANGE ORDER #2 City Engineer Edwards said the change order encompasses some revisions in the construction which is going well. The change increased some costs but actually reduces total costs, he said, because it does not include installing a generator as planned. Changes are still within the contingency amounts. An earlier change order added $50,000. Benson pointed out the City had bonded $13 million for this project but is now over budget at $16 million. Crosby moved, Johnson seconded, to approve change order #2 for the new public works building. VOTE: Ayes 5, Nays 0. REQUEST TO SCHEDULE SPECIAL MEETING Edwards said the attorney representing the City in the lawsuit with the City of Long Lake is proposing a special Council meeting on Dec. 4 at 5 p.m. in closed session to update the Council on the litigation. He was out of the country for the regular Council meeting that evening. Walsh moved, Johnson seconded, to schedule a special Council meeting at 5 p.m. Dec. 4 to enter into closed session to discuss litigation. VOTE: Ayes 5, Nays 0. Edwards said the City has received five applications for the position of finance director and will begin interviewing next week. COUNCIL COMMITTEE REPORTS 15.LLFD FUTURE FIRE ADVISORY BOARD UPDATE Veach said they started by reviewing the previous meeting since notes had not been recorded so minutes were made from memory and at the meeting some changes were agreed upon and will be posted. The second part of the meeting was rumor control, which was new and not particularly effective, she said, adding that’s not really the purpose of the meeting. The real purpose was to discuss the budget. At this point, the main discussion is duty crews. Guidance is fluid and is changing, she said. Crosby said the main concern regarding duty crews is shortening response time at Station 2. He said he reiterated the invitation to have the Long Lake Fire Chief attend the Orono City Council meeting. In response to questions, Veach said the additional meeting was held for the purpose of looking at staff time expense around the duty crew model since the Advisory Board had not had a chance to do that. Crosby said there was some progress made but the information on the duty crews fell short in his opinion. Benson said she was asking because the Council has only one more meeting this year to approve the 2024 budget for Long Lake Fire. She wanted to know if the City has the information needed to consider the budget at the next meeting. 9 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 10 Edwards said the City may not have enough information on how the duty crews are working by Dec. 11 but will have enough information to consider a revised budget. Benson said she had listened to an audio recording and was wondering about references to a poll of firefighters regarding Department culture. Her purpose in requesting was to know if something more needed to be known about that to consider the budget. Veach said she had suggested a poll at the meeting but had not directed that it be done. Johnson said he would like to make a formal request to get Long Lake’s statistics for five years of response times from Stations 1 and 2 separately since they had disputed Orono’s statistics. Benson said she did not see a need for that information on that topic to consider the budget. Walsh and Johnson said they believe data on response time is critical to pass the budget. Edwards said he would make that request from the City of Long Lake 16. BUDGET COMMITTEE MEETING Veach said the Committee discussed whether the budgeted amounts would be correct to cover personnel needs and they received confirmation that the budget is enough. Benson said since she is the alternate for the Future Fire Services meetings she would like to be notified if one of the two assigned members could not attend. Edwards said if assigned members could not attend a meeting, they could notify him and he would notify the alternate if that applies. Benson said the Northwest Hennepin League of Municipalities is a group that she attended a few times early in the year and then the Mayor started attending. She asked Edwards, since there has not been a report from these meetings recently and learned member cities took a vote and declined to have Orono be accepted as a member of the group. She asked if the City of Orono could initiate contact again with this group in the new year. PUBLIC COMMENTS Nancy Brantingham, 3185 County Road 6, recapped the injunction imposed on the City of Orono last summer and the recent decision handed down by the court finding Orono in contempt of the injunction, which included prohibitions from recruiting and hiring Long Lake firefighters. She pointed out that Orono attempted to hire another Long Lake firefighter on that evening’s consent agenda and when asked for an explanation, Von Eyll stated the hire had experience with another fire department, conveniently omitting that the other fire department was Long Lake. Henry Brantingham, 3185 County Road 6, added that the judge’s order included a fine of $2,000 per instance of recruitment or of planning to make changes to either fire station without involving Long Lake and further ordered Orono to pay Long Lake’s attorney’s fees and all costs incurred by Long Lake. The finding was civil contempt. Once again, this Council has failed to act in best interest of the citizens 10 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 10 including by running up unnecessary legal fees, he said. It is disheartening and embarrassing to say the least. None of this meeting tonight really had anything to do with taxes, he added. It had to do with the Council’s bullheaded, steamroller decision without the support of the citizens of Orono. He said the decision-making process was so clear at the meeting that night. James Elder, 195 South Brown Road, said the discussion the Council just had was emblematic of what is going on. The Council can’t decide what was said at the Fire Advisory Committee and he has doubts about the safety of the Navarre station, he said. If Council Members can’t get along to run the Orono Fire Department planning any better than it did at that meeting, he said he thinks the people in that fire service area will be at risk. Kim Carswell, 261 Cygnet Place, said one of reasons Orono continues to cite for needing its own Fire Department is the perception that Long Lake has not invested in the Fire Department and Orono will. The capital needs of the Long Lake fire department have not been funded at an adequate level to sustain equipment needs, according to Mayor. In fact this is not because of the City of Long Lake, she said, but because of the continued refusal of the City of Orono to invest capital to keep that department up-to-date. You don’t negotiate a transfer of control, she said. This holding back of investment has cornered Long Lake into a takeover stance. Dave Pierson, 2160 Webber Hills Road, said he has been a resident of Orono since 2005 and like many residents, did not pay much attention to what was going on. On the consent agenda some years ago the Mayor increased his term from two years to four years, he said. What he heard tonight was disappointing, Pierson said. The fire station decision was also made on the consent agenda with no information, he said. Of the three Council Members, he said he doesn’t know of a time when they didn’t vote with the Mayor. Citizens need to look at the four-year term because they have no way to hold the Mayor accountable with a four-year term instead of a two-year term. He said the City needs to go back to a two-year term so citizens can hold the Mayor accountable along with the rest of the Council. Brian Turbeville, 997 Wildhurst Trail, said he started attending meetings when the Fire Department became an issue. He heard call after call for a public meeting but what started out as ‘we’re thinking about it, this is a good decision if we decide to start our own Fire Department’ and despite call after call for a public meeting, statements suddenly turned into ‘this decision was made and it’s irresponsible not to vote with me’. The Council is to be held to a higher standard, he said. The Council’s contempt for the people who show up to speak is daunting, he said, stating that people who say what Council Members want to hear can go more than three minutes and are allowed to turn and talk to the audience. Those who don’t say what the Council wants to hear get shut down. Kevin Reilley, 3405 High Lane, said what everyone wants is an effective Fire Department. If it is not an effective Department today, he said, steps to fix it would not be as expensive as the cost to start a new Department. For Orono to go on its own duplicating the whole process is not cost effective. Kelly Prchal, 475 Watertown Road, said she doesn’t get it. She doesn’t understand why the Council continues to move forward without public support, and why they are alienating Orono from a sister city. She said the community is being fractured by the Council’s actions. She asked why after 100 years, Orono is not willing to negotiate in good faith with Long Lake to share services and why is it a good idea to isolate Orono and have other cities not willing to work with it. She said she also doesn’t understand why the Council could steal the Fire Chief from Long Lake and then have him do a needs assessment that 11 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 10 his livelihood depends on. Orono is a lovely community, but the Council is breaking it apart and spending millions and millions of dollars to do it. Denise Reilley, 3405 High Lane, quoted the judge’s recent order for contempt directing parties to resume mediation and mediate in good faith and said if the judge could hear this meeting with some Council Members saying the City is going forward, she wonders if the judge would hold the Council in contempt again. She said she did not think contemptuous behavior is entitled to official immunity, suggesting if the Council continues to not follow the judge’s order, Council Members will be paying themselves; the City will not pay it. Kathy Sweetman, 475 Deborah Drive, quoted Thomas Jefferson as saying the government you elect is the government you deserve. She said she now could see tonight what her previous inattention to the functioning of the City government has wrought. She said the meeting that night was a display of disfunction, obfuscation, and gaslighting. The citizens are responsible for electing them, she said, calling on all residents of Orono to pay attention to what is happening and vote to replace this Mayor and his acolytes in the next election. Krista Berbig, Long Lake, said this topic is very emotional for her. She said the Fire Department has an amazing, well-trained group of men and women who are serving the community. Just last week they responded in the middle of the night and saved a house from burning down, she said. It’s those on the outside promoting the narrative that they are being pitted against one another. Most people don’t understand that firefighters aren’t sitting at the station waiting to respond. They have to get in their cars, come to the station, put on gear, and wait until they have a crew, she said. Long Lake is trying to test duty crews and so far, Orono is not paying a dime for that. She added, to expect the Long Lake Chief to come into this hostile environment is outrageous. He can read what was written in the paper about Cody Farley. Why would he come here, she asked? Kelly Grady, Long Lake, said at the last meeting the Mayor claimed Cody Farley fabricated his affidavit to the court and that it was a complete lie. Anyone who knows Farley knows he would not put himself and his family in that position facing a Mayor who is currently involved in litigation with residents, she said. She said the court found interactions between Orono and Farley violated the injunction and were attempts to intimidate him. Orono’s allegations that Long Lake is creating a hostile work environment for the firefighters is based on nothing more than hearsay and is refuted by the sworn depositions, she said, adding that is a quote from the judge. Orono is attempting to blame Long Lake for the loss of a Long Lake recruit when that was entirely due to the actions of Orono, she said, calling on the Council to stop using firefighters as pawns to further their narrative. Brad Erickson, Corcoran, offered congratulations to Long Lake for the court ruling. He said Crosby made his case for him by calling him out a few meetings ago. He said now he’s being called an anti-Semite. Crosby called him a Nazi and now people on Nextdoor are calling him an anti-Semite, he said. He said he just wants to know what Crosby was doing in Washington DC on Jan. 6, 2021. He said he has video of Crosby at the Minnesota Governor’s mansion. He said the Council couldn’t make a good decision if it slapped them in the head, adding judges don’t award legal fees for no reason. MAYOR/COUNCIL REPORT Crosby said he was looking forward to the City tree lighting. When it comes to the Fire Department there have been a lot of half-truths going on. 12 MINUTES OF THE ORONO CITY COUNCIL MEETING November 27, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 10 Benson said at last year’s Truth in Taxation hearing someone talked about being retired and said their income would not be increasing, and it is important to keep that in mind. Earlier this month she attended Interfaith Outreach Community Connection Day. They offer programs for those experiencing food insecurities and other difficulties in the western suburbs, she said. Orono is not immune to poverty. There will also be a community food and toy event for WeCAN through the Long Lake Fire Department. There is more information on the City of Long Lake website. She noted the City of Plymouth recently received a national award for public engagement. Veach and Johnson had nothing to report. Walsh said the same 12 people who show up at the meetings don’t like them. He said the area’s State Representative recently said it is amazing what Orono can do with a budget. He pointed to the City’s planning and action with roads, infrastructure, and support of police. He said the tree lighting is coming up on Saturday, Dec. 2. Coffee with the Mayor will be Dec. 13. He quoted from the press release of the attorney’s representing the City in the City of Long Lake lawsuit saying that the City of Orono respectfully disagrees with the court’s decision and consistent with the court’s order, will continue to persevere with establishing the Orono Fire Department and that he expects the City to prevail. ADJOURNMENT Walsh moved, Johnson seconded, to adjourn the meeting at 7:51 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ____________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 13 Item No.: 2 Date: December 11, 2023 Presenter: Christine Lusian City Clerk Agenda Section: Consent Agenda Item Description: City Council Work Session Minutes of November 27, 2023 1.Purpose: Approve the minutes from November 27, 2023. AGENDA ITEM COUNCIL ACTION REQUESTED Approve the minutes from November 27, 2023. Exhibits Ex. A 11-27-2023 Council Work Session Minutes 14 Orono City Council Work Session Minutes Monday, November 27, 2023 Council Chambers 5:00 p.m. Page 1 of 1 PRESENT: Mayor Dennis Walsh, Council Members Maria Veach, Alisa Benson, Richard Crosby, and Matt Johnson. Staff members present were City Administrator Adam Edwards, Finance Director Ron Olson, and City Clerk Christine Lusian. Three members of the public were also present. 1. Fee Schedule Updates for 2024 Finance Director Ron Olson presented updates to the fee schedule, including building permits, licenses, connection to utility infrastructure, usage rates (two percent), storm water rates (one percent), recycling (four percent), animals at large, fingerprinting, contracted officer, copies, no parking signs, and documents. Operating, capital, and reserves requirements are considered in calculating utility rates and utility bills will include a notice of new rates with their next bill. Meeting ended at 5:37 p.m. CITY OF ORONO: ATTEST: ________________________________ Dennis Walsh, Mayor _________________________________ Christine Lusian, City Clerk 15 Item No.: 3 Date: December 11, 2023 Presenter: Christine Lusian City Clerk Agenda Section: Consent Agenda Item Description: City Council Closed Session Minutes of December 4, 2023 1.Purpose: Approve the minutes from December 4, 2023. 2.Staff Recommendation: Approve the minutes from December 4, 2023. AGENDA ITEM COUNCIL ACTION REQUESTED Approve the minutes from December 4, 2023. Exhibits Ex. A 12-4-2023 City Council Closed Session Minutes 16 Orono City Council Closed Session Minutes Monday, December 4, 2023 Conference Room, 2750 Kelley Parkway, Orono, MN 55356 5:00 p.m. Page 1 of 1 PRESENT: Mayor Dennis Walsh, Councilmembers Maria Veach, Alisa Benson, and Matt Johnson. Staff members present were City Administrator Adam Edwards, Finance Director Ron Olson and city attorneys Soren Mattick (remote), Paul Reuvers (remote). Closed Session -City of Long Lake vs. City of Orono, Court File No. 27-CV-23-9758 City Council closed the meeting as permitted by Minn. Stat. §13D.05 subd.3(c)(3) to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential legal action, and strategy regarding Orono and Long Lake litigation. Meeting adjourned at 5:25pm to Monday, December 11, 2023. ATTEST:CITY OF ORONO: _________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 17 Item No.: 4 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda Item Description: Claims/Bills 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/Summary: 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 122422 to 122510 and ACH transactions 20130412 to 20130420 totaling $2,393,893.20. 3.Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims list as presented. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits Ex. A Check Register2023-12-11.pdf 18 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNITED STATES POSTAL SERVI 11/30/2023 122421 2023.11 UTIL 601-49400-322 11.2023 UTILITY BILLING 355.11 UNITED STATES POSTAL SERVI 11/30/2023 122421 2023.11 UTIL 602-49450-322 11.2023 UTILITY BILLING Sewer 355.11 UNITED STATES POSTAL SERVI 11/30/2023 122421 2023.11 UTIL 651-49910-322 11.2023 UTILITY BILLING Storm Water 355.11 Total 122421:1,065.33 A 1 ELECTRIC SERVICE OF WA 12/11/2023 122422 5993 101-41900-404 OUTLET TO NORTHSIDE PUBLIC WORKS Central Services 977.22 Total 122422:977.22 Advance Auto Parts 12/11/2023 122423 6974-465024 101-43000-224 CLAMPS FOR SIGNS Public Works Department 10.36 Total 122423:10.36 ADVANCED IMAGING SOLUTIO 12/11/2023 122424 516578408 710-49970-413 PW COPIER LEASE 10/20/23-11/20/23 277.52 Total 122424:277.52 ALLSUP, SAM 12/11/2023 122425 RPS23-0001 101-34410 BP REFUND - RPS23-000187 - 1290 ARBOR ST 80.52 Total 122425:80.52 AMAZON CAPITAL SERVICE 12/11/2023 122426 19FQ-XYJL-405-48500-550 PHONE, COMPUTER AND VISE FOR 709-433 531.85 AMAZON CAPITAL SERVICE 12/11/2023 122426 19FQ-XYJL-101-43000-224 FUSES FOR STREET LIGHTS Public Works Department 172.59 AMAZON CAPITAL SERVICE 12/11/2023 122426 19FQ-XYJL-101-43000-489 MAGINETS FOR WHITE BOARDS Public Works Department 59.91 AMAZON CAPITAL SERVICE 12/11/2023 122426 19FQ-XYJL-701-49800-221 SUPPLIES FOR TIRES 406.23 AMAZON CAPITAL SERVICE 12/11/2023 122426 1Q1N-XQGF 710-49970-221 MY TOUCHSMART IN WALL DIGITAL TIMER 33.00 AMAZON CAPITAL SERVICE 12/11/2023 122426 1Q1N-XQGF 101-41900-201 SHARPIE GEL S PENS Central Services 24.60 AMAZON CAPITAL SERVICE 12/11/2023 122426 1Q1N-XQGF 101-41900-201 HIGHLIGHTER Central Services 10.99 AMAZON CAPITAL SERVICE 12/11/2023 122426 1Q1N-XQGF 101-41900-201 GOLD FIBRE PROJECT PLANNER Central Services 54.52 AMAZON CAPITAL SERVICE 12/11/2023 122426 1Q1N-XQGF 101-41900-201 WOOD PUSH PINS Central Services 6.99 AMAZON CAPITAL SERVICE 12/11/2023 122426 1Q1N-XQGF 101-41900-201 DOUBLE HOLD BADGE CLIPS Central Services 4.99 Total 122426:1,305.67 American Environmental LLC 12/11/2023 122427 3383 602-49450-406 2023 SEWER TVING Sewer 21,113.50 Total 122427:21,113.50 AT&T MOBILTY 12/11/2023 122428 2873263283 101-42400-321 AT&T BILL 09/26/23-10/25/23 Building & Zoning 165.92 19 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AT&T MOBILTY 12/11/2023 122428 2873263283 101-45200-321 AT&T BILL 09/26/23-10/25/23 Parks 114.69 AT&T MOBILTY 12/11/2023 122428 2873263283 101-43000-321 AT&T BILL 09/26/23-10/25/23 Public Works Department 471.76 AT&T MOBILTY 12/11/2023 122428 2873263283 101-41900-321 AT&T BILL 09/26/23-10/25/23 Central Services 202.69 AT&T MOBILTY 12/11/2023 122428 2873263283 601-49400-321 AT&T BILL 09/26/23-10/25/23 121.19 AT&T MOBILTY 12/11/2023 122428 2873263283 602-49450-321 AT&T BILL 09/26/23-10/25/23 Sewer 82.96 AT&T MOBILTY 12/11/2023 122428 2873263283 101-43100-321 AT&T BILL 09/26/23-10/25/23 Brush Site 76.46 AT&T MOBILTY 12/11/2023 122428 2873263283 101-43000-321 AT&T BILL 09/26/23-10/25/23 Public Works Department 28.41- Total 122428:1,207.26 BIFFS INC 12/11/2023 122429 W945427 101-45200-415 BIFF RENTAL Parks 121.00 BIFFS INC 12/11/2023 122429 W945428 101-43100-415 BRUSH SITE Brush Site 146.92 Total 122429:267.92 BOLTON & MENK INC.12/11/2023 122430 0324905 440-48975-304 21-039 PW FACILITY CONSTRUCTION 2,208.00 Total 122430:2,208.00 BOND TRUST SERVICES CORP 12/11/2023 122431 83040 324-47000-611 INTEREST 2021A 191,521.88 BOND TRUST SERVICES CORP 12/11/2023 122431 83040 324-47000-601 PRINCIPAL 2021A BONDS 340,000.00 Total 122431:531,521.88 BRANDON MAURER 12/11/2023 122432 2023.11 602-49450-437 WASTE WATER TEST FEE Sewer 100.00 Total 122432:100.00 CARGILL SALT 12/11/2023 122433 2908876698 601-49400-216 SOFTENER SALT FOR WTR PLANT 6,427.23 Total 122433:6,427.23 CARNOY, LUKE 12/11/2023 122434 11.21.2023 C 101-42110-319 11.21.23 COMPLIANCE CHECK 3HOURS Police Department 60.00 Total 122434:60.00 CECE S SIGNS INC 12/11/2023 122435 9455 405-48500-580 GRAPHIC ON 709,433 510.00 CECE S SIGNS INC 12/11/2023 122435 9455 101-43000-221 GRAPHICS ON MISC EQUIPMENT Public Works Department 75.00 20 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122435:585.00 CENTERPOINT ENERGY MAIN 12/11/2023 122436 10.02.23-11.2 613-49830-381 GAS SERVICES 1377 VINE PL 10/20/23-11/20/23 Golf Course 18.19 CENTERPOINT ENERGY MAIN 12/11/2023 122436 2023.11 601-49400-381 GAS SERVICE 992.34 CENTERPOINT ENERGY MAIN 12/11/2023 122436 2023.11 602-49450-381 GAS SERVICE Sewer 620.46 CENTERPOINT ENERGY MAIN 12/11/2023 122436 2023.11 101-41900-381 GAS SERVICE Central Services 562.94 CENTERPOINT ENERGY MAIN 12/11/2023 122436 2023.11 101-42110-381 GAS SERVICE Police Department 259.34 CENTERPOINT ENERGY MAIN 12/11/2023 122436 2023.11 613-49830-381 GAS SERVICE Golf Course 229.71 Total 122436:2,682.98 CENTRAL PENSION FUND SOU 12/11/2023 122437 11.30.2023 P 101-21705 CENTRAL PENSION FUND 113023 960.00 Total 122437:960.00 Century Link 12/11/2023 122438 2023. NOV4-601-49400-321 WTP PHONE/INTERNET 05/04/23-6/03/2023 3.17 Century Link 12/11/2023 122438 2023.10 WP 601-49400-321 CREDIT FOR SOUTH WATER PLANT 138.85- Century Link 12/11/2023 122438 2023.11 GC 101-45210-321 GC PHONE/INTERNET Golf Course 237.59 Total 122438:101.91 CHAD GEHRMAN 12/11/2023 122439 RPS22-0001 101-22205 ESCROW REFUND - RPS22-000113 - 2205 BAYVI 10,000.00 Total 122439:10,000.00 CHRISTINE LUSIAN 12/11/2023 122440 11.2023 101-41300-439 PROF. DEVELOMENT LUNCHEONS Administration 85.72 Total 122440:85.72 CITY OF ORONO 12/11/2023 122441 LIQUOR LIC 613-49830-441 LIQUOR LICENSE Golf Course 5,200.00 Total 122441:5,200.00 City of Orono Utilities 12/11/2023 122442 11.2023 2345 601-49400-382 NOVEMBER 2023 UB - WTP 156.74 City of Orono Utilities 12/11/2023 122442 11.2023 CH&101-42110-382 NOVEMBER 2023 UB CH & PD Police Department 167.36 City of Orono Utilities 12/11/2023 122442 11.2023 CH&101-41900-382 NOVEMBER 2023 UB CH & PD Central Services 167.37 City of Orono Utilities 12/11/2023 122442 11.2023 PO 101-41900-382 NOVEMBER 2023 UB - PO Central Services 86.37 City of Orono Utilities 12/11/2023 122442 11.2023 PW 101-41900-382 NOVEMBER 2023 PW Central Services 334.73 21 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122442:912.57 CITY OF WAYZATA 12/11/2023 122443 2023.NOVE 601-49400-387 NOV 2023 WATER 2,776.60 CITY OF WAYZATA 12/11/2023 122443 2023.NOVE 602-49450-387 NOV 2023 SEWER Sewer 5,809.80 Total 122443:8,586.40 Corporate 4 Insurance Agency Inc 12/11/2023 122444 1630349 703-49960-370 2024 INSURANCE AGENT FEE 8,000.00 Total 122444:8,000.00 Derek Nikko Excavating Inc 12/11/2023 122445 7596 601-49400-227 SAND FOR BACKFILL OF BREAKS 1,320.00 Total 122445:1,320.00 EBERT INC 12/11/2023 122446 PW PAY APP 440-20600 21-039 NEW PUBLIC WORK FACILITY CONSTRU 1,131,387.79- EBERT INC 12/11/2023 122446 PW PAY APP 440-48970-520 21-039 NEW PUBLIC WORK FACILITY CONSTRU 2,558,167.80 Total 122446:1,426,780.01 ECM PUBLISHERS INC 12/11/2023 122447 973751 101-41900-340 MAINTENANCE WORKER ADVERTISING Central Services 349.20 ECM PUBLISHERS INC 12/11/2023 122447 973752 101-41900-340 FINANCE DIRECTOR RECRUITMENT Central Services 349.20 ECM PUBLISHERS INC 12/11/2023 122447 974580 101-42400-352 PUBLISHING/LAKER PIONEER ARTICAL Building & Zoning 109.40 ECM PUBLISHERS INC 12/11/2023 122447 974732 101-41900-340 MAINTENANCE WORKER ADVERTISING Central Services 129.20 ECM PUBLISHERS INC 12/11/2023 122447 974733 101-41900-340 ADVERTISING Central Services 284.70 Total 122447:1,221.70 EGAN, NICOLE 12/11/2023 122448 11.2023 NE 101-42400-331 MILEAGE- INSPECTIONS Building & Zoning 125.76 Total 122448:125.76 FABULOUS FOTOFORMS INC.12/11/2023 122449 O54725112 101-42110-240 BUILDING/LOCKER ROOM IDENTIFICATION BAD Police Department 442.00 Total 122449:442.00 FAST SIGNS 12/11/2023 122450 100-94760 101-45200-352 ADVERTISING Parks 701.92 22 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122450:701.92 GENUINE PARTS COMPANY/NA 12/11/2023 122451 3270-587232 701-49800-222 ALTERNATOR FOR 255 31.99 GENUINE PARTS COMPANY/NA 12/11/2023 122451 3270-587280 701-49800-222 ALTERNATOR FOR UNIT 255 598.84 Total 122451:630.83 GOPHER ACE 12/11/2023 122452 018335/1 101-45200-404 BOLTS Parks 15.84 GOPHER ACE 12/11/2023 122452 018424/1 101-42260-221 EQUIPMENT FOR LADDER TRUCK Fire Protection Services 1,615.00 GOPHER ACE 12/11/2023 122452 018425/1 651-49910-240 18V 8AMP BATTERIES Storm Water 350.00 GOPHER ACE 12/11/2023 122452 018426/1 601-49400-227 LOCKS 28.33 GOPHER ACE 12/11/2023 122452 018426/1 602-49450-223 LOCKS Sewer 28.33 GOPHER ACE 12/11/2023 122452 018426/1 101-43000-224 LOCKS Public Works Department 28.34 GOPHER ACE 12/11/2023 122452 18397/1 101-45200-223 CHRISTMAS LIGHTS Parks 72.96 GOPHER ACE 12/11/2023 122452 18399/1 101-45200-404 ZIP TIES Parks 9.99 GOPHER ACE 12/11/2023 122452 18419/1 101-45200-223 EXTENSION CORDS Parks 219.96 GOPHER ACE 12/11/2023 122452 18420/1 101-45200-404 STEEL PIP AND FITTINGS Parks 41.58 GOPHER ACE 12/11/2023 122452 18448/1 101-45200-223 EXTENSION CORDS Parks 44.97 GOPHER ACE 12/11/2023 122452 18473/1 601-49400-240 TORCH KIT 69.99 Total 122452:2,525.29 GOPHER STATE ONE CALL 12/11/2023 122453 3110659 602-49450-227 SPLIT DISTRIBUTION Sewer 267.30 Total 122453:267.30 GREGERSON, ROSOW, JOHNS 12/11/2023 122454 49197 101-41600-306 PROSECUTION SERVICES 11/2023 Law/Legal Services 3,310.28 Total 122454:3,310.28 GUARDIAN FLEET SAFETY 12/11/2023 122455 231056 101-45200-221 EMERGENCY LIGHTS, INSTALL FOR UNIT 610 Parks 3,333.49 Total 122455:3,333.49 Henn county Community Correcti 12/11/2023 122456 1000215139 101-41600-309 JAIL CHARGES Law/Legal Services 420.00 Total 122456:420.00 Hennepin County Accounts Recei 12/11/2023 122457 1000215152 101-41550-302 1ST HALF 2023-2024 ASSESSING SERVICES Assessing 127,000.00 23 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122457:127,000.00 HENNEPIN COUNTY TREASUR 12/11/2023 122458 2023-30 101-41410-221 2024 ELECTIONS Elections 672.68 HENNEPIN COUNTY TREASUR 12/11/2023 122458 MAINT24 101-41410-221 2024 ELECTIONS Elections 1,246.20 Total 122458:1,918.88 HJ GLOVE 12/11/2023 122459 50568 101-45210-095 MERCHANDISE Golf Course 43.68 Total 122459:43.68 HOEPNER, MAIA 12/11/2023 122460 11.21.23 CO 101-42110-319 11.21.23 COMPLIANCE CHECK 3 HOURS Police Department 60.00 Total 122460:60.00 HOLIDAY COMPANIES 12/11/2023 122461 07960112230 101-42110-402 CAR WASHES / HOLIDAY Police Department 231.00 Total 122461:231.00 HOLLYWOOD PYROTECHNICS I 12/11/2023 122462 2023 TREE L 101-19999 HOLIDAY TREELIGHTING FIREWORKS 10,000.00 Total 122462:10,000.00 HOLTON ELECTRIC CONTRACT 12/11/2023 122463 6180 101-43000-408 REPAIRS TO STREET LIGHTS IN ORONO Public Works Department 3,024.22 Total 122463:3,024.22 HOTSY MINNESOTA 12/11/2023 122464 19160 101-41900-221 PRESSURE WASHER REPLACEMENT Central Services 161.75 Total 122464:161.75 JOHNSON CONTROLS FIRE PR 12/11/2023 122465 23794116 101-41900-404 PW WET SPRINKLER SYSTEM Central Services 660.00 JOHNSON CONTROLS FIRE PR 12/11/2023 122465 23794144 101-41900-404 PW WET SPRINKLER SYSTEM Central Services 660.00 JOHNSON CONTROLS FIRE PR 12/11/2023 122465 51430157 101-41900-404 PW WET SPRINKLER SYSTEM Central Services 830.00 Total 122465:2,150.00 JON DUK KIM & YOUNG HY AN 12/11/2023 122466 3600 CASCO 999-10015 UB REFUND - 3600 CASCO AVE 278.92 24 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122466:278.92 LAKE MTKA CONSERVATION DI 12/11/2023 122467 2023Q4ORO 651-49910-433 4TH QTR 2023 LEVY PMT Storm Water 10,200.50 Total 122467:10,200.50 LAPOINTE UTILITIES INC 12/11/2023 122468 ROW23-000 101-22205 ESCROW REFUND - ROW23-000021-2452 NORT 1,500.00 Total 122468:1,500.00 LDF 12/11/2023 122469 2024 LEGAL 101-42110-433 2024 MPPOA DUES -FARNIOK Police Department 200.00 Total 122469:200.00 LEXIPOL, LLC 12/11/2023 122470 INVLEX1209 101-42260-319 ONLINE POLICY AND PROCEDURE Fire Protection Services 3,245.20 Total 122470:3,245.20 LINDSTROM RESTORATION 12/11/2023 122471 2470-23 703-49960-379 WATER LEAK - PD 2,378.10 Total 122471:2,378.10 MACQUEEN EQUIPMENT LLC 12/11/2023 122472 P10193 415-42260-580 EQUIPMENT FOR LADDER TRUCK 221.74 Total 122472:221.74 MANSFIELD OIL COMPANY 12/11/2023 122473 24855176 701-49800-212 UNLEADED FUEL 3,795.33 MANSFIELD OIL COMPANY 12/11/2023 122473 24855193 701-49800-212 UNLEADED FUEL 522.06 MANSFIELD OIL COMPANY 12/11/2023 122473 24855196 701-49800-212 DIESEL FUEL 1,121.97 Total 122473:5,439.36 MARTIN MARIETTA MATERIALS 12/11/2023 122474 41091832 101-43000-224 PATCHING Public Works Department 110.76 Total 122474:110.76 METROPOLITAN COUNCIL ENVI 12/11/2023 122475 0001165618 602-49450-383 WASTWATER SERVICE 1/2024 Sewer 64,223.79 25 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122475:64,223.79 MIKAN CUSTOM HOMES - MIKE 12/11/2023 122476 SWP23-0000 601-39610 PERMIT REFUND- SWP23-000090 - 800 NORTH A 51.00 Total 122476:51.00 MINNEAPOLIS OXYGEN COMPA 12/11/2023 122477 00118698 101-43000-415 ACETYLENE, OXYGEN Public Works Department 73.90 MINNEAPOLIS OXYGEN COMPA 12/11/2023 122477 00118699 101-42110-221 MEDICAL OXYGEN Police Department 145.81 Total 122477:219.71 MINNESOTA FIRE SERVICE CE 12/11/2023 122478 12012 101-42260-433 MN CERTIFICATION FOR FIRE Fire Protection Services 26.25 Total 122478:26.25 Minnesota Topsoil 12/11/2023 122479 2447 101-43100-489 YARD WASTE HAULOUT Brush Site 3,960.00 Minnesota Topsoil 12/11/2023 122479 2450 101-43000-489 YARD WASTE HAULOUT Public Works Department 1,260.00 Minnesota Topsoil 12/11/2023 122479 2450 651-49910-489 SWEEPING HAULOUT Storm Water 855.00 Total 122479:6,075.00 MINUTEMAN PRESS 12/11/2023 122480 35578 101-41300-340 NEWSLETTER Administration 3,184.37 Total 122480:3,184.37 MN CHIEF OF POLICE ASSN 12/11/2023 122481 14954 101-42110-433 MEMBERSHIP MCPA 2024 Police Department 477.00 Total 122481:477.00 MN POLICE & PEACE OFFICER 12/11/2023 122482 2024 MPPOA 101-42110-433 2024 MPPOA DUES -FARNIOK Police Department 70.00 Total 122482:70.00 MOTOROLA 12/11/2023 122483 8281754529-415-42260-580 APX RADIOS AND ACCESSORIES (QTY 1)6,459.12 Total 122483:6,459.12 NAPA Auto Parts 12/11/2023 122484 3270-586270 701-49800-213 5W20 OIL 839.99 NAPA Auto Parts 12/11/2023 122484 3270-586327 701-49800-221 AIR FILTERS 224.71 26 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NAPA Auto Parts 12/11/2023 122484 3270-586670 701-49800-215 COOLANT HOSE UNIT 260 33.75 NAPA Auto Parts 12/11/2023 122484 3270-586712 701-49800-222 BRAKES/ROTORS FOR UNIT 260 149.99 NAPA Auto Parts 12/11/2023 122484 3270-586790 701-49800-222 IDELER PULLEY FOR 264 22.53 Total 122484:1,270.97 NAVARRE HARDWARE 12/11/2023 122485 344723 101-43000-224 BOLT Public Works Department 10.74 Total 122485:10.74 NCPERS GROUP LIFE INS.12/11/2023 122486 6732001220 101-21710 PERA LIFE 12/2023 352.00 Total 122486:352.00 Newegg Business Inc 12/11/2023 122487 1304768922 710-49970-221 LAPTOPS 1,341.98 Total 122487:1,341.98 NORTHERN LIGHTS DISPLAY 12/11/2023 122488 23-0424 101-43000-224 LIGHT BULBS LED FLAME BULBSCHRISTMAS LI Public Works Department 312.50 Total 122488:312.50 NOVA COMMUNICATIONS INC 12/11/2023 122489 171659 710-49970-401 PHONE SUPPORT - PORT ISSUE 550.00 NOVA COMMUNICATIONS INC 12/11/2023 122489 171686 710-49970-401 ANNUAL SERVER & SOFTWARE SUPPORT 4,100.50 Total 122489:4,650.50 OFFICE DEPOT 12/11/2023 122490 3440701820 101-42110-201 OFFICE SUPPLIES Police Department 242.51 OFFICE DEPOT 12/11/2023 122490 3440717710 101-42110-201 OFFICE SUPPLIES Police Department 6.99 Total 122490:249.50 OPD BUSINESS SOLUTIONS LL 12/11/2023 122491 3414936580 101-42110-201 OFFICE SUPPLIES Police Department 137.52 OPD BUSINESS SOLUTIONS LL 12/11/2023 122491 3414970310 101-42110-201 MISC OFFICE SUPPLIES Police Department 9.59 OPD BUSINESS SOLUTIONS LL 12/11/2023 122491 3430825290 101-41900-201 OFFICE SUPPLIES Central Services 42.63 Total 122491:189.74 OPG-3 INC 12/11/2023 122492 7383 710-49970-437 2023 IMAGING SUPPORT/LICENSING 6,948.00 27 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122492:6,948.00 PERMANENT COATING SOLUTI 12/11/2023 122493 18.11.23 101-42110-404 PD GARAGE RESURFACING (EPOXY)Police Department 4,028.87 Total 122493:4,028.87 PLUNKETT'S 12/11/2023 122494 8312102 101-41900-404 PEST CONTOL Central Services 246.35 Total 122494:246.35 PRECISION UTILITIES 12/11/2023 122495 1034 601-49400-405 2160 & 2162 KENWOOD WAY CURB STOP REPAI 4,435.00 Total 122495:4,435.00 REPUBLIC SERVICES #894 12/11/2023 122496 0894-006473 101-45200-404 TRASH SERVICE Parks 2,094.96 Total 122496:2,094.96 RYAN AUTO MALL 12/11/2023 122497 258607 701-49800-221 SQUAD 260 COOLENT HOSE 108.88 Total 122497:108.88 SECURITY & SOUND CO 12/11/2023 122498 27545 101-41900-404 BATTERIES - DOOR ALARMS Central Services 225.00 Total 122498:225.00 SPRINT 12/11/2023 122499 LCI-339543 101-42110-319 CASE INVESTIGATION (SUBPEONA)Police Department 100.00 Total 122499:100.00 T W TUPY INC 12/11/2023 122500 080688 101-43000-224 ROCK FOR SHOULDERING RDS Public Works Department 1,232.31 Total 122500:1,232.31 TOLL GAS & WELDING SUPPLY 12/11/2023 122501 40185942 101-43000-415 CYLINDER & DEMURRAGE Public Works Department 12.30 Total 122501:12.30 UNIFIRST CORPORATION 12/11/2023 122502 1410021788 101-41900-223 LAUNDRY SERVICE Central Services 80.27 28 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 12/11/2023 122502 1410024596 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 12/11/2023 122502 1410024596 701-49800-221 SHOP TOWELS - PW 6.23 UNIFIRST CORPORATION 12/11/2023 122502 1410024596 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 40.73 UNIFIRST CORPORATION 12/11/2023 122502 1410024596 701-49800-226 UNIFORMS - FLEET 40.73 UNIFIRST CORPORATION 12/11/2023 122502 1410024596 101-43000-226 UNIFORMS - PW Public Works Department 40.73 UNIFIRST CORPORATION 12/11/2023 122502 1410024596 601-49400-226 UNIFORMS PW-WATER DEPT 40.73 UNIFIRST CORPORATION 12/11/2023 122502 1410024596 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 40.72 UNIFIRST CORPORATION 12/11/2023 122502 1410024596 101-45200-226 UNIFORMS-PARKS Parks 40.72 UNIFIRST CORPORATION 12/11/2023 122502 1410026235 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 12/11/2023 122502 1410026235 701-49800-221 SHOP TOWELS - PW 8.33 UNIFIRST CORPORATION 12/11/2023 122502 1410026235 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 72.82 UNIFIRST CORPORATION 12/11/2023 122502 1410026235 601-49400-226 UNIFORMS PW-WATER DEPT 72.82 UNIFIRST CORPORATION 12/11/2023 122502 1410026235 701-49800-226 UNIFORMS-FLEET 72.82 UNIFIRST CORPORATION 12/11/2023 122502 1410026235 101-43000-226 UNIFORMS - PW Public Works Department 72.82 UNIFIRST CORPORATION 12/11/2023 122502 1410026235 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 72.81 UNIFIRST CORPORATION 12/11/2023 122502 1410026235 101-45200-226 UNIFORMS-PARKS Parks 72.81 Total 122502:828.35 VARNER MOBILE SERVICES LL 12/11/2023 122503 10034 701-49800-402 REPAIR 425 NO START 588.75 Total 122503:588.75 WASTE MANAGEMENT RECYC 12/11/2023 122504 0108655-280 603-49500-444 RECYCLING 11/2023 86.81 WASTE MANAGEMENT RECYC 12/11/2023 122504 0108655-280 603-49500-316 RECYCLING 12/2023 17,971.90 Total 122504:18,058.71 WATER CONSERVATION SVC IN 12/11/2023 122505 13584 101-43050-319 LEAK LOCATING (SPRING PARK)Public Works - Spring Park 564.13 WATER CONSERVATION SVC IN 12/11/2023 122505 13584 601-49400-405 ANNUAL LEAK STUDY 995.87 Total 122505:1,560.00 WESTSIDE WHOLESALE TIRE 12/11/2023 122506 937382 701-49800-222 TIRES FOR 433 558.32 WESTSIDE WHOLESALE TIRE 12/11/2023 122506 937384 701-49800-222 TIRES FOR, PW TRUCKS 1,239.92 Total 122506:1,798.24 WOODDALE BUILDERS 12/11/2023 122507 RPS22-0001 101-22205 ESCROW REFUND - RPS22-000100 - 1856 SHAD 9,000.00 29 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122507:9,000.00 XCEL ENERGY 12/11/2023 122508 10.17.23 - 11.101-41900-381 NEW PW BUILDING ELECTRICITY Central Services 34.27 XCEL ENERGY 12/11/2023 122508 855515910 101-41900-381 ELECTRICAL SERVICE 11/2023 Central Services 1,766.35 XCEL ENERGY 12/11/2023 122508 855515910 101-42110-381 ELECTRICAL SERVICE 11/2023 Police Department 991.86 XCEL ENERGY 12/11/2023 122508 855515910 101-42110-381 ELECTRICAL SERVICE 11/2023 Police Department 41.64 XCEL ENERGY 12/11/2023 122508 855515910 101-43000-381 ELECTRICAL SERVICE 11/2023 Public Works Department 196.70 XCEL ENERGY 12/11/2023 122508 855515910 101-43000-386 ELECTRICAL SERVICE 11/2023 Public Works Department 3,506.99 XCEL ENERGY 12/11/2023 122508 855515910 101-45200-381 ELECTRICAL SERVICE 11/2023 Parks 54.96 XCEL ENERGY 12/11/2023 122508 855515910 601-49400-381 ELECTRICAL SERVICE 11/2023 6,234.02 XCEL ENERGY 12/11/2023 122508 855515910 602-49450-381 ELECTRICAL SERVICE 11/2023 Sewer 3,374.69 XCEL ENERGY 12/11/2023 122508 855515910 101-45210-381 ELECTRICAL SERVICE 11/2023 Golf Course 200.74 Total 122508:16,402.22 ZACH'S, INC.12/11/2023 122509 36505 101-43000-224 CITRUS PINE ASPHALT REMOVER Public Works Department 407.65 Total 122509:407.65 ZAYO GROUP LLC 12/11/2023 122510 20059258 101-41900-321 PHONE SERVICE 11/23/2023-12/20/2023 Central Services 573.98 ZAYO GROUP LLC 12/11/2023 122510 20059258 613-49830-321 PHONE SERVICE 11/23/2023-12/20/2023 Golf Course 91.05 Total 122510:665.03 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 AE 101-41300-331 PARKING FOR COURT CASE Administration 5.00 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 AE 601-49400-437 APWA 366.90 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 AE 101-41300-439 CANDY FOR LEGISLATIVE BONDING BRIEF Administration 36.10 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 AW 101-42110-201 COMMUNITY EVENT/MOUND TREE LIGHTING Police Department 3.55 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 BW 101-43000-226 PPE WINTER CLOTHES FOR JIMMY AND HUNTE Public Works Department 648.92 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 CF 101-42110-437 IACP CONFERENCE EXPENSE Police Department 17.17 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 CF 101-41410-437 IACP CONFERENCE HOTEL Elections 1,624.15 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 CF 101-42110-437 MEETING REFRESHMENTS Police Department 12.62 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 CF 101-42110-433 PELOTON MEMBERSHIP Police Department 47.76 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 DG 701-49800-437 FLEET TRAINING FOR BRODY 150.00 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 DG 701-49800-240 REPLACMENT 3/4 DRIVE SOCKET 29.99 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 DG 101-43000-437 APWA CONFERANCE DJ Public Works Department 366.90 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 DK 710-49970-221 AROLO CAMERAS 269.30 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JL 101-45210-223 PIZZA FOR GC EMPLOYEES Golf Course 55.29 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JL 101-45200-437 PESTICIDE RECERTIFICATION Parks 290.00 30 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JL 101-41900-223 EASELS Central Services 233.98 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JL 101-45200-404 SNOW FENCE Parks 616.63 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JV 101-42260-489 AD ON FACEBOOK FOR OPEN HOUSE Fire Protection Services 4.00 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JV 101-42260-489 CAR WASH Fire Protection Services 15.00 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JV 101-42260-219 AED BATTERY AND PADS Fire Protection Services 695.65 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JV 101-42260-441 MBFTE FIREFIGHTER LICENSE Fire Protection Services 100.00 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 JV 101-42260-489 STICKERS FOR ADVERTISING Fire Protection Services 106.00 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 RO 101-41410-439 COUNCIL MEALS Elections 341.78 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 RO 101-41300-439 EMPLOYEE WELCOMES Administration 255.65 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 RO 710-49970-416 SURVEY MONKEY 484.97 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 RO 101-41900-201 PROPERTY REPORT Central Services 9.95 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 RO 101-41410-489 COFFEE W/MAYOR Elections 27.98 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 SO 601-49400-322 SHIPPING WATER SAMPLES 15.02 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 SO 601-49400-322 SHIPPING WATER SAMPLES 17.82 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 SO 601-49400-216 CHEMICALS FOR WATER PLANT 780.84 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 SO 601-49400-227 19 & 51 WATER MAIN BREAK 340.00 CARDMEMBER SERVICE 12/11/2023 201304 2023.11 SO 601-49400-405 PIZZA FOR 2007 SUGARWOODS CURB STOP RE 116.40 Total 20130412:8,085.32 CIRCLE K 12/11/2023 201304 93240343 101-43000-212 NON OXY GAS FOR MIX (SMALLTOOLS)Public Works Department 20.83 Total 20130413:20.83 FSSolutions 12/11/2023 201304 FL00610858 101-43000-319 DRUG TESTING Public Works Department 61.16 Total 20130414:61.16 HOME DEPOT CREDIT SERVIC 12/11/2023 201304 516155 101-43000-221 VALVES FOR PATCH TRUCK Public Works Department 37.85 Total 20130415:37.85 LOGIS-WIRE 12/11/2023 201304 54226 101-42110-310 POLICE RECORDS Police Department 8,119.00 LOGIS-WIRE 12/11/2023 201304 54226 710-49970-329 INTERNET 600.00 LOGIS-WIRE 12/11/2023 201304 54226 101-41900-221 HOSTED BACKUPS Central Services 1,125.00 LOGIS-WIRE 12/11/2023 201304 54226 710-49970-311 HOSTED SERVERS 1,399.00 LOGIS-WIRE 12/11/2023 201304 54226 710-49970-311 HOSTED COMPLIANCE ARCHIVE 537.00 LOGIS-WIRE 12/11/2023 201304 54226 710-49970-311 HOSTED WATCHGUARD 650.00 LOGIS-WIRE 12/11/2023 201304 54226 710-49970-401 FIBER SERVICES 163.00 LOGIS-WIRE 12/11/2023 201304 54226 710-49970-401 HOSTED WIRELESS 100.00 31 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 11/28/2023 - 12/11/2023 Dec 07, 2023 01:33PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 20130416:12,693.00 MEDSURETY LLC 12/11/2023 201304 27657 101-41900-319 FEES Central Services 198.50 MEDSURETY LLC 12/11/2023 201304 FSA CLAIM 1 101-21719 FSA 12.08.23 56.40 MEDSURETY LLC 12/11/2023 201304 MFSA 10.20.101-21719 MFSA 10.20.23-11.26.23 FUNDS 69.55 MEDSURETY LLC 12/11/2023 201304 MFSA 10.27.101-21719 MFSA 10.27.23-12.3.23 FUNDS 15.82 Total 20130417:340.27 MN DEPT OF REVENUE-WIRE 12/11/2023 201304 11.2023 SAL 601-20806 WATER TAXABLE SALES 4/23 757.00 MN DEPT OF REVENUE-WIRE 12/11/2023 201304 11.2023 SAL 101-34650 POLICE REPORT SALES TAX 21.00 MN DEPT OF REVENUE-WIRE 12/11/2023 201304 11.2023 SAL 613-37980 SALES TAX 11/2023 2.00 Total 20130418:780.00 PSN: PAYMENT SERVICE INVOI 12/11/2023 201304 287293 602-49450-312 SEWER FUND PSN FEES Sewer 468.57 PSN: PAYMENT SERVICE INVOI 12/11/2023 201304 287293 601-49400-312 WATER FUND PSN FEES 468.58 PSN: PAYMENT SERVICE INVOI 12/11/2023 201304 287422 101-41900-312 MISC PSN FEES Central Services 2.75 PSN: PAYMENT SERVICE INVOI 12/11/2023 201304 287567 101-41900-312 BUILDING PERMIT PSN FEES Central Services 15.40 Total 20130419:955.30 SQUARE SERVICES 12/11/2023 201304 12.2023 FEE 101-41900-312 FEE 12.1.23-1.1.2024 Central Services 35.00 Total 20130420:35.00 Grand Totals: 2,393,893.20 32 Item No.: 5 Date: December 11, 2023 Presenter: Adam Edwards City Administrator Agenda Section: Consent Agenda Item Description: Approve Next Work Session Draft Agenda 1.Purpose: The purpose of the action item is to forecast future work session agendas. 2. Date Subjects Date Subjects 8 Jan Annual Appointments 8 Jul 22 Jan Recodification-streets, utilities, parks 22 Jul General Fund Budget Update 12 Feb Average Lakeshore Setback (Part 3) 12 Aug 26 Feb Interview Commissioner Applicants (Parks/Planning)-- If Needed 26 Aug Enterprise Budget Update 11 Mar Recodification- Land Use Code (Title VI) 9 Sep Preliminary Levy / Budget 8 Apr Street Maintenance 2025 23 Sep 22 Apr 14 Oct Draft Capital Improvement Plans 13 May 28 Oct Draft Capital Improvement Plans 28 May 12 Nov 10 Jun 25 Nov Fee Schedule Update 24 Jun Preliminary Budget Guidance 2025 9 Dec Background/Summary: This is an opportunity for council members to propose and agree to future work session topics. Work session meetings are at 5 pm on the same days as 6 pm regular council meetings. The table below lists upcoming proposed subjects and dates. 3.Staff Recommendation: I recommend holding the next work session as scheduled. AGENDA ITEM COUNCIL ACTION REQUESTED Move to hold the next work session as scheduled. 33 Item No.: 6 Date: December 11, 2023 Presenter: Christine Lusian City Clerk Agenda Section: Consent Agenda Item Description: Approval of Rental Licenses 1.Purpose: The purpose of this action item is to approve licenses for rental housing. 2.License Applicant(s): RL20-000001 4755 North Shore Drive RL21-000017 4148 Highwood Road RL21-000022 2765 Shadywood Road RL21-000028 1530 Long Lake Boulevard RL21-000029 3026 Casco Point Road RL21-000033 2595 Lydiard Circle 2 RL22-000004 125 Hackberry Hill RL22-000015 2595 Lydiard Circle 1 RL23-000018 2659 Casco Point Road RL23-000019 755 Spring Hill Road RL23-000020 95 Willow Drive North RL23-000021 2080 Shadywood Road RL23-000022 3513 Lyric Avenue RL23-000023 1295 Dickenson Street 3.Staff Recommendation: Staff recommends approval of the rental licenses listed above for the period of January 1, 2024 to December 31, 2025. The License applicants have sumitted all of the requested information and have met all requirements. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the rental licenses listed above. 34 Item No.: 7 Date: December 11, 2023 Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda Item Description: Retirement of Police Canine "Xerxes" 1.Purpose: The purpose of this action item is to gain approval for the retirement and sale of police canine Xerxes. 2.Background/Summary: The Orono Police Department partnered with Can Do Canine in 2018 to establish a community service canine program. At that time we received Xerxes, a 3 year old black lab. Since then, Xerxes has provided a valuable service to the community including responding to calls, attending many community and social events, and assisting on medical calls. Xerxes assisted on calls involving emotionally heighted people due to an incident and as an emotional support dog to employees at the city and the police department. In the nearly 6 years Xerxes has been apart of the program he has done an exceptional job and has assisted hundreds of people. Recently we've observed that Xerxes has become more independent and a little more difficult to stay on task and for these reasons it has been determined to allow Xerxes to retire and enjoy more leisure activities. Officer Kyle Kirschner has been Xerxes handler since the beginning of the program and have created a bond with each other and Officer Kirschner's family. The department has evaluated several options and determined the best option is to allow Officer Kyle Kirschner to purchase Xerxes from the department. An agreement for the purchase of police canine Xerxes is attached with this action. 3.Staff Recommendation: I recommend the retirement and sale of police canine Xerxes to officer Kyle Kirschner for $1.00. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the retirement of police canine Xerxes effective December 31, 2023, resolution 7431 for recognition of service, and sale to officer Kyle Kirschner for $1.00. Exhibits Ex. A Resolution 7431 Xerxes Recognition of Service Ex. B Sale Agreement - Xerxes Retirement 35 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7431 A RESOLUTION RECOGNIZING CANINE OFFICER XERXES FOR HIS 6 YEARS OF DEDICATED SERVICE TO THE CITY AS A POLICE OFFICER WHEREAS, Canine Xerxes was appointed to the position of Community Service Dog on February 12, 2018; and WHEREAS,his years of service as Police Canine, has been characterized by his dedication to providing the highest quality service to the city and its citizens; WHEREAS, Canine Xerxes has provided service to the community and has touched and impacted so many people in and around our community and; WHEREAS,Canine Xerxes is retiring from his position as Police Canine effective December 31, 2023. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby recognize and commend Canine Xerxes for his compassion, excitement and dedicated service to the community as a Police Canine. BE IT FURTHER RESOLVED that the Orono City Council does hereby extend its best wishes to Canine Xerxes. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 11th day of December, 2023. ATTEST: _________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 36 228622v1 AGREEMENT BETWEEN THE CITY OF ORONO and Officer Kyle Kirschner 1.This agreement is made December 11, 2023, by the City of Orono and Kyle Kirschner. 2.The City of Orono is the owner of a Black Labrador Retriever dog known by the name of “Xerxes” (“Canine”). 3.Officer Kyle Kirschner has been the designated handler of the Canine but will no longer be handling the Canine in police service. 4.The Canine has been trained specifically and exclusively for police purposes and is not suitable for placement with a second handler. Consequently, the Canine will be retired from active police service on December 31, 2023 and is no longer needed by the City. 5.The City agrees to sell the Canine to Officer Kyle Kirschner for $1.00. This price is based on the City’s inability to place the Canine with a second handler and Officer Kyle Kirschner’s agreement to accept responsibility for the costs associated with owning the Canine. 6.Officer Kyle Kirschner agrees to accept ownership of the Canine “AS IS.” Officer Kyle Kirschner agrees to be responsible for the Canine’s ongoing care, custody, and maintenance, including veterinary expenses and liability for the Canine’s actions. Upon execution of this Agreement, ownership of the dog known as “Xerxes” is transferred to Officer Kyle Kirschner, and the City will have no further obligation for the care of the Canine or liability for its actions. 7.Upon Officer Kyle Kirschner ’s request, the City will provide Officer Kyle Kirschner with copies of all veterinary records related to the Canine. 8.This Agreement shall serve as a bill of sale for the Canine. DATED: CITY OF ORONO By Dennis Walsh, Mayor DATED: By Christine Lusian, City Clerk Received $1.00__________ 37 Item No.: 8 Date: December 11, 2023 Presenter: Christine Lusian City Clerk Agenda Section: Consent Agenda Item Description: Appoint Election Judges and Establish Absentee Ballot Board - Resolution 7434 1.Purpose: State law requires advance appointment of election judges and establishment of an absentee ballot board. 2.Background/Summary: Election judges will assist voters at the polling places in precincts one, two, and three on each election day: March 5 April 30 May 14 August 13 November 5 The absentee ballot board will work at city hall accepting and rejecting ballots during the absentee voting periods prior to each election day: January 19 - March 4 April 12-29 May 3-13 June 28 - August 12 September 20 - November 4 3.Staff Recommendation: Adopt resolution 7434 appointing election judges and establishing an absentee ballot board. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to adopt resolution 7434 appointing election judges and establishing an absentee ballot board. Exhibits Ex. A Resolution 7434 Election Judges and Ballot Board 38 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7434 APPOINT ELECTION JUDGES AND ESTABLISH ABSENTEE BALLOT BOARD WHEREAS, elections will be held March 5, April 30 (if necessary), May 14, August 13, and November 5, 2024; and WHEREAS, appointment of election judges prior to the election they will serve is required by Minn. Stat. §204B.21 Subd. 2; and WHEREAS, establishment of an Absentee Ballot Board is required by Minn. Stat. §203B.121 Subd. 1; and NOW, THEREFORE, BE IT RESOLVED that the Orono City Council appoints the following individuals to serve as election judges: Sandie Berger Sheila Jones Kaitlin Thompson Kim Mueller Debbie Blum Julie Jones Sandy Whisler Ben Goodwin Nancy Brantingham Sandra Keegan Cathy Wilkins Denise Aasen Barbara Burwell Bonnie Martinson Deborah Houston Lila Moberg Tom Cady Maryann Merideth Sheri Nash Deborah Houston Michaela Diercks Kirk Nelson Jennifer Weiss Sue Pearce Nancy Fox John Roberts Lila Moberg Lindsay Freeman Richard Rohrer Joy Grundeen Leonard Freeman Julie Ruegemer Holly Rocca BE IT FURTHER RESOLVED, that the Orono City Council establishes an Absentee Ballot Board with the following individuals: Nola Dickhausen, Nancy Fox, Debbie Blum, Bonnie Martinson. BE IT FURTHER RESOLVED, that the City Clerk is authorized to appoint additional election judges and absentee ballot board members as needed. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on December 11, 2023. ATTEST: _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 39 Item No.: 9 Date: December 11, 2023 Presenter: Josh Lemons Parks & Golf Course Superintendent Agenda Section: Consent Agenda Item Description: Authorization to accept resignation of Barry Sullivan 1.Purpose: The purpose of the action item is to gain approval to accept the resignation of Parks Department employee Barry Sullivan. 2.Background/Summary: Barry Sullivan was hired in June 2020. Barry Sullivan has decided to retire and has given a last day of December 29, 2023. Barry has been a valuable and cherished member of the Parks Department and we thank him for his service. Barry has expressed a desire to return as a seasonal employee in the summer months. The custodian position will be changed to a full-time position and the replacement process has begun. 3.Staff Recommendation: Staff recommends accepting the resignation of Barry Sullivan effective December 29, 2023. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the resignation of Barry Sullivan effective December 29, 2023. 40 Item No.: 10 Date: December 11, 2023 Presenter: Josh Lemons Parks & Golf Course Superintendent Agenda Section: Consent Agenda Item Description: Approval to Hire Custodian 1.Purpose: The purpose of this action item is to appoint the full-time custodian. 2.Background/Summary: The current part-time custodian has announced his retirement and this gave staff the opportunity to re-evaluate the position's needs. With the increase in facilities, the part-time structure will no longer work to meet the custodial needs. Staff recommended that the position move to a full-time position, The HR Committee met on the issue and agreed with the assessment. As the position transitions to full time it will be covered under the IUOE Local 49 bargaining unit. 3.Recruitment: The selection process for the position involved advertising the position, application screening, and an interview. Six candidates applied for the position and two were invited to interview. One candidate was interviewed by staff and the second removed himself from the process. 4.Recommended Candidate: Ms. Julia Aarestad is the recommended candidate for the position. Julia currently holds a similar position with another municipality. Julia has held several positions that share similar responsibilities with the Custodian/Building Maintenance position. 5.Recommended Compensation: I recommend Julia Aarestad be appointed as the full-time custodian with an effective start date of December 12, 2023. a. Salary. Grade 3 / Step 1 ($23.46/Hour) of the City Employee 2023 Pay Scale. b. Vacation. Starting at a rate of 2 weeks/ 80 hours per year. Increases to then follow the city's personnel policy and the collective bargaining agreement with IUOE Local 49. c. Benefits. As a full-time employee, the position is eligible for all benefits as outlined in the personnel policy and the collective bargaining agreement with IUOE Local 49. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to appoint Julia Aarestad as the full-time custodian at Grade 3 Step 1 with a start date of December 12, 2023. 41 Item No.: 11 Date: December 11, 2023 Presenter: Adam Edwards City Administrator Agenda Section: Consent Agenda Item Description: Appointment of Finance Director 1.Purpose: The purpose of this action item is to appoint the new Finance Director. 2.Background/Summary: 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. At the November 13th Council Meeting the city accepted the resignation of Finance Director, Ron Olson effective December 15th, approved the updated job description for the position, and authorized staff to initiate the recruitment process. 3.Recruitment: The selection process included the advertising the position, application screening, interview panels and background checks. First round interviews were completed by a panel made up of city staff and the second round by a panel of City staff with Mayor Walsh and Councilmember Benson. 4.Recommended Candidate: Ms. Maggie Jin is the recommended candidate for the position. Maggie has experience in Municipal financial management, including here in Orono and most recently as the Finance Manager for Corcoran. She holds a degrees in Economics and Accounting. Maggie's education and experiences make her uniquely suited to be Orono's next Finance Director. 5.Recommended Compensation: I recommend Maggie Jin be appointed as the Orono Finance Director with an effective start date of January 8, 2024. a. Salary. Grade 17 / Step 2 ($120,282.98 / yr) of the City Employee 2024 Pay Scale. b. Vacation. Starting at a rate of 3 weeks/ 120 hours per year. Increases to then follow the city’s personnel policy. Her initial vacation balance will be set at 40 hrs. c. Benefits. As a full time employees the position is eligible for all benefits as outlined in the personnel policy. Her service time will be set to 3 years to acknowledge her previous service to the city per the personnel policy. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to appoint Maggie Jin as the Finance Director at Grade 17 Step 2 with a start date of January 8, 2024. 42 Item No.: 12 Date: December 11, 2023 Presenter: Adam Edwards City Administrator Agenda Section: Consent Agenda Item Description: Appointment of Interim Finance Director 1.Purpose: The purpose of this action item is to appoint an Interim Finance Director. 2.Background/Summary: The current Finance Director's last day is December 15, 2023. The proposed start date for the new Finance Director is January 8, 2024. 3.Recommended Candidate: Ms. Anne Hentges is the current Orono Accountant and has agreed to cover the Finance Director responsibilities in the interim. 4.Recommended Compensation: Per the City Personnel Policy and The Collective Bargaining Agreement with OPEIU local 12, Anne will be compensated at Grade 17/ Start Step (52.83/hr) from December 15, 2023 until the new Permanent Finance Director's first day, expected to be January 8, 2024. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to appoint Anne Hentges as Interim Finance Director at Grade 17/Step Start from December 15, 2023 until the new Permanent Finance Director's first day. 43 Item No.: 13 Date: December 11, 2023 Presenter: Christine Lusian City Clerk Agenda Section: Consent Agenda Item Description: Amend City Code - Government Operations - Ordinance 286 1.Purpose: This item is for fomal approval of the text amendments in ordinance format and to publish a summary in the newspaper to save on publication costs. The text updates were approved by council on November 13, 2023. 2.Background/Summary: Below is a summary of the updates previously approved by council. Today, staff is recommending two actions, approval of the ordinance format required by Minn. Stat. 412.191 Subd. 4. and a summary for the newspaper is authorized by Minn. Stat. 331A.01 Subd. 10, which requires 4/5 vote. Title 1 – Government Operations (Chapters 1 thru 10) summary of updates: 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. 3.Staff Recommendation: Staff recommends adopting the ordinance and summary. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to 1) Adopt ordinance 286 of the third series amending title one of the city code relating to government operations and 2) Approve a summary publication of ordinance 286. Exhibits Ex. A Ordinance 286 - Amend Code - Government Operations Ex. B Ordinance 286 - Summary Publication 44 ORD 286 1 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 286 AN ORDINANCE AMENDING TITLE I OF THE CITY CODE CONCERNING GOVERNMENT OPERATIONS THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title I, Chapter 1, Section 1-2 is amended by adding the underlined language and deleting the strikethrough language as follows: City council, council.The terms "city council" and "council" mean the councilis defined as the governing body of the City of Orono, Minnesota. 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. SECTION 2. Orono City Code Title I, Chapter 2, Article I, Section 2-1 is amended by adding the underlined language and deleting the strikethrough language as follows: 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 conflict 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. SECTION 3. Orono City Code Title I, Chapter 2, Article I, Section 2-2 is amended by adding the underlined language and deleting the strikethrough language as follows: 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. 45 ORD 286 2 (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)PlanningCommunity Development director. (11)Fire chief or marshal. (12)Public works superintendent. (13)As designated, subject to council approval. SECTION 4. Orono City Code Title I, Chapter 2, Article I, Section 2-3 (c) is amended by adding the underlined language and deleting the strikethrough language as follows: (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. 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 prior to the 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. 46 ORD 286 3 SECTION 5. Orono City Code Title I, Chapter 2, Article II, Section 2-37 is amended by adding the underlined language and deleting the strikethrough language as follows: 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. SECTION 6. Orono City Code Title I, Chapter 2, Article II, Section 2-38 is amended by adding the underlined language and deleting the strikethrough language as follows: 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. 47 ORD 286 4 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. SECTION 7. Orono City Code Title I, Chapter 2, Article II, Section 2-39 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 2-39. Council meetings. Special meetings of the council may be called by the mayor, 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 time and place of meeting at least one 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. SECTION 8. Orono City Code Title I, Chapter 2, Article II, Section 2-40 is amended by adding the underlined language and deleting the strikethrough language as follows: 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; (32)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 (43)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 govern all council meetings as to procedural matters not set 48 ORD 286 5 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. SECTION 9. Orono City Code Title I, Chapter 2, Article II, Section 2-41 is amended by adding the underlined language and deleting the strikethrough language as follows: 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 planning director Community Development 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. SECTION 10. Orono City Code Title I, Chapter 2, Article III, Division 2, Section 2-100 is amended by adding the underlined language and deleting the strikethrough language as follows: 49 ORD 286 6 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 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 does not exceed $5,000.00 and or nature of claims does not exceed council approved purchasing policies. 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. (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. 50 ORD 286 7 (8)Perform such other duties as may be required by the council and consistent with state statute and this Code. SECTION 11. Orono City Code Title I, Chapter 2, Article III, Division 2, Section 2-101 is amended by adding the underlined language and deleting the strikethrough language as follows: 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 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. 51 ORD 286 8 SECTION 12. Orono City Code Title I, Chapter 2, Article IV, Section 2-136 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 2-136. Fire department. (a)Established; chief.A fire department may be 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. (4)Definitions. 52 ORD 286 9 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 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 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 building official, or his authorized representative. The 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 78of 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. SECTION 13. Orono City Code Title I, Chapter 2, Article IV, Section 2-137 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 2-137136. City departments established. 53 ORD 286 10 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. SECTION 14. Orono City Code Title I, Chapter 2, Article IV, Section 2-140 is amended by adding the underlined language and deleting the strikethrough language as follows: 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. 54 ORD 286 11 (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. SECTION 15. Orono City Code Title I, Chapter 2, Article IV, Section 2-138 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 2-138. 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. 55 ORD 286 12 SECTION 16. Orono City Code Title I, Chapter 2, Article IV, Section 2-139 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 2-139. 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; (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. SECTION 17. Orono City Code Title I, Chapter 2, Article IV, Section 2-140 is amended by adding the underlined language and deleting the strikethrough language as follows: 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. 56 ORD 286 13 Sec. 2-140. 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. 2-141. 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. 57 ORD 286 14 (3)The Orono Fire Chief, or their authorized representative 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. (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. Sec. 2-142. 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. 2-143. 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. 58 ORD 286 15 Sec. 2-144. 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. Sec. 2-145. 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. 2-146. Engineering Department. (a)A Engineering Department is hereby established. (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. SECTION 18. Orono City Code Title I, Chapter 10, Section 10-2 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 10-2. Deferment of special assessments. 59 ORD 286 16 (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. (b)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. 60 ORD 286 17 (c)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. ADOPTED this 11 day of December, 2023, by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 61 1 SUMMARY PUBLICATION ORDINANCE NO. 286 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING GOVERNMENT OPERATIONS The City Council of the City of Orono, Minnesota approved updates to two sections of the city code of ordinances, Title I Government Operations Chapters 1-10 on December 11, 2023. These are housekeeping updates and clarifications to definitions, authorities, notice requirements, and special assessment deferments. The complete text of this ordinance is available at city hall or www.oronomn.gov. CITY OF ORONO /s/Dennis Walsh, Mayor Attest: /s/Christine Lusian, City Clerk 62 Item No.: 14 Date: December 11, 2023 Presenter: Christine Lusian City Clerk Agenda Section: Consent Agenda Item Description: Amend City Code - Fire Prevention and Fire Safety Standards - Ordinance 287 1.Purpose: This item is for formal approval of the text amendments in ordinance format and to publish a summary in the newspaper to save on publication costs. The text updates were approved by council on November 13, 2023. 2.Background/Summary: Below is a summary of the updates previously approved by council. Today, staff is recommending two actions, approval of the ordinance format required by Minn. Stat. 412.191 Subd. 4. and a summary for the newspaper is authorized by Minn. Stat. 331A.01 Subd. 10, which requires 4/5 vote. Title V, – Fire Prevention and Protection summary of updates: 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. 3.Staff Recommendation: Staff recommends adopting the ordinance and summary. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to 1) Adopt ordinance 287 of the third series amending title five of the city code relating to public protection and 2) Approve a summary publication of ordinance 287. Exhibits Ex. A Ordinance 287 - Amend Code - Fire Chief Duties Ex. B Ordinance 287 - Summary Publication 63 ORD 287 1 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 287 AN ORDINANCE AMENDING TITLE V, CHAPTER 46 OF THE CITY CODE CONCERNING FIRE PROTECTION AND PREVENTION THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title V, Chapter 46, Article II, Division 1, Section 46-31 is amended by adding the underlined language and deleting the strikethrough language as follows: 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 his 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 building officialFire Chief. Jurisdiction and municipality mean the city as a whole, and also that part of the city corresponding to each separate fire service district. SECTION 2. Orono City Code Title V, Chapter 46, Article II, Division 1, Section 46-32 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 46-32. Enforcement. Authority for enforcement of this article is granted to and may be exercised by any or all of the following personsthe state fire marshal of the fire chief or the chief’s representatives. The fire chief may detail such members of the 64 ORD 287 2 fire department as may be necessary to administer and enforce the provisions of this chapter (1) The state fire marshal or his authorized representative. (2) The chief of each fire department, or his authorized representative, within the fire service district of the 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. SECTION 3. Orono City Code Title V, Chapter 46, Article II, Division 1, Section 46-33 is amended by adding the underlined language and deleting the strikethrough language as follows: 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 policefire chief. One such copy of all permits so issued shall be delivered to the fire chief for his record. (d) 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. 65 ORD 287 3 SECTION 4. Orono City Code Title V, Chapter 46, Article II, Division 1, Section 46-34 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 46-34. Required water supply; new construction. The building officialfire chief 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. SECTION 5. Orono City Code Title V, Chapter 46, Article II, Division 2, Section 46-56 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 45-56. Adopted. The 2020 Minnesota UniformState Fire Code (MUSFC) 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. SECTION 6. Orono City Code Title V, Chapter 46, Article II, Division 2, Section 46-57 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 46-57. Amendments. As authorized by the Minnesota UniformState Fire Code (MUSFC), the following amendments to the Minnesota UniformState Fire Code are adopted for the city: (1)Restrictions on flammable or combustible liquid storage. a.Prohibited districts established.Pursuant to MUFC sections 79.501 and 79.1001, the 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 66 ORD 287 4 MUFC sections 79.501 and 79.1001applicable MSFC requirements, 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 MUFC section 79.601applicable MSFC requirements 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.Pursuant to MUFC section 82.105, the 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 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.Pursuant to MUFC section 77.106(b), theThe council declares all land within the city to be the district in which storage of explosives and blasting agents is prohibited. 67 ORD 287 5 SECTION 7. Orono City Code Title V, Chapter 46, Article II, Division 2, Section 46-58 is amended by adding the underlined language and deleting the strikethrough language as follows: 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 each the fire chief, and distributed to all interested parties. SECTION 8. Orono City Code Title V, Chapter 46, Article II, Division 3, Section 46-81 is amended by adding the underlined language and deleting the strikethrough language as follows: 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 may 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 68 ORD 287 6 the case of commercial properties, may be served upon the tenant occupying the property. SECTION 9. Orono City Code Title V, Chapter 46, Article II, Division, 3, Section 46-82 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 46-82. Standards. The actual size, location and extent of required fire lanes shall be determined by the policefire 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). SECTION 10. Orono City Code Title V, Chapter 46, Article II, Division 3, Section 46-83 is amended by adding the underlined language and deleting the strikethrough language as follows: 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 policefire chief, shall be placed designating the restricted area. The number, size and location of required signs shall be determined by the policefire 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. ADOPTED this 11 day of December, 2023, by the City Council of the City of Orono, Minnesota. CITY OF ORONO ATTEST:By: ________________________________ Dennis Walsh, Mayor ________________________________ Christine Lusian, City Clerk 69 1 SUMMARY PUBLICATION ORDINANCE NO. 287 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING FIRE CHIEF DUTIES The City Council of the City of Orono, Minnesota approved updates to city code of ordinances Title V Public Protection Chapter 46 on December 11, 2023. These are housekeeping updates to clarify the duties of the City’s fire chief. The complete text of this ordinance is available at city hall or www.oronomn.gov. CITY OF ORONO /s/Dennis Walsh, Mayor Attest: /s/Christine Lusian, City Clerk 70 Item No.: 15 Date: December 11, 2023 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda Item Description: LA23-000060, Brian Benson, 3600 Casco Ave, Variance - Resolution 7432 1.Purpose: The propose of the action is to review an application for an average lakeshore setback variance and overall hardcover variance for the construction of a new home. 2.MN§15.99 Application Deadline: The application was received October 13, 2023 and considered to be complete on October 30, 2023. Therefore the 60-Day review period expires on December 29, 2023. 3.Background/Summary: The applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The subject property is uniquely shaped with an extreme average lakeshore setback that does not allow for a reasonable building envelope. The property’s unique shape creates a very long driveway of approximately 355 feet in length. As a result, the driveway is about 15% of the total hardcover for the site when 25% is permitted. The current home on the property is entirely in front of the average lakeshore setback line and the property is at 34% hardcover. The proposal will bring the hardcover down to 30%. Variances are required for average lakeshore setback and hardcover to exceed 25%. 4.Planning Commission Vote and Comment: On November 20, 2023, the Planning Commission held a public hearing. The Commission reviewed the application and found the lot to have practical difficulties preventing redevelopment. The Commission also noted the reduction in overall hardcover and voted 5 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: The applicant has submitted neighbor acknowledgment forms. No other public comment has been received. 6.Staff Recommendation: Staff recommends approval as applied. AGENDA ITEM COUNCIL ACTION REQUESTED City Council should vote to approve draft Resolution 7432 approving variances for average lakeshore setback and hardcover to exceed 25% in order to construct a new home. Exhibits Ex. A Draft Resolution 7432 Ex. B Plans 71 Ex. C Draft Minutes 11202023 Ex. D PCSR 72 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7432 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 FILE NO. LA23-000060 WHEREAS, Brian Benson (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 3600 Casco Avenue and legally described as: Tract B, REGISTERED LAND SURVEY NO. 1115, Hennepin County, Minnesota (hereinafter the “Property”); 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 the average lakeshore 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 November 20, 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 November 20, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variances as applied; and WHEREAS, on December 11, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000060. 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. 73 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7432 2 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 33,719 square feet in area and has a defined lot width of 137 feet at the 75- foot lakeshore setback and a lot width of 112 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Average Lakeshore Setback b. 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 . . . .” Due to the placement of the neighboring lots and homes there is an extreme average lakeshore setback that eliminates a reasonable building envelope. The neighboring lake views that are currently enjoyed should not be impacted by a new home built in a similar location. The uniquely shaped lot has a very long driveway that greatly impacts the overall hardcover on the site. If the lot had a standard driveway length, a hardcover variance would not be required. The proposed project is also impacted by a wide utility easement. The proposed home will meet the 75- foot lake setback and be in harmony with the neighboring homes. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties 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. The proposal will reduce the overall hardcover on the site which is consistent with the goals of 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: 74 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7432 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 single-family home 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 unique lot shape and orientation of the neighboring homes creating an extreme average lakeshore setback 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. 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-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 unique lot shape, location of the existing utility easement, and the position of the neighboring homes 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.” The unique shape of the lot and existing conditions do not apply to other land or structures in the neighborhood or district. This criterion is met. 75 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7432 4 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 to decrease the total hardcover on the site, bringing it closer to compliance. Granting the average lakeshore setback and hardcover variances allows the property owner to build a new home in a similar location utilizing the existing conditions of the long driveway. 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. The proposed home will not impact any currently enjoyed views of the lake by neighboring properties. 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 the overall hardcover on the site from 34% to 30% total hardcover. There is no reasonable building envelope on the site and therefore the variances are needed in order to rebuild in a similar location to that of the existing home. This criterion is met. 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 78-1279 and 78-1680 for average lakeshore 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. 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 (December 11, 2024). 76 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7432 5 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of December, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 77 Resolution 7432 Exhibit A78 0712 OCTOBER 20233600 CASCO AVEORONO, MNOFDRAWING DESCRIPTION:ISSUE DATE:PREVIOUS ISSUE DATES:COVER PAGEA-1 01 3 6 0 0 C A S C O AVE O R O N O ~ M I N N E S O T A Resolution 7432 Exhibit B 79 0712 OCTOBER 20233600 CASCO AVEORONO, MNOFDRAWING DESCRIPTION:ISSUE DATE:PREVIOUS ISSUE DATES:ELEVATIONSA-2 02 A-2 2 Scale: 1/4" = 1'-0" RIGHT ELEVATION 12'-1 7/8"10'-1 1/8"8'-0"8'-0"9'-1 1/8"TOP OF PLATE UPPER LEVEL SUBFLOOR MAIN LEVEL SUBFLOOR 945.65' TOP OF PLATE 3.15'HIGHEST existing GRADE 942.5' A-2 1 Scale: 1/4" = 1'-0" FRONT ELEVATION EQUALEQUAL3.15'MID POINT OF HIGHEST GABLE HIGHEST GABLE MAIL LEVEL 945.65' HIGHEST EXISTING GRADE 942.5'26'-2"80 0712 OCTOBER 20233600 CASCO AVEORONO, MNOFDRAWING DESCRIPTION:ISSUE DATE:PREVIOUS ISSUE DATES:ELEVATIONSA-3 03 A-3 2 Scale: 1/4" = 1'-0" LEFT ELEVATION A-3 1 Scale: 1/4" = 1'-0" REAR ELEVATION 81 0712 OCTOBER 20233600 CASCO AVEORONO, MNOFDRAWING DESCRIPTION:ISSUE DATE:PREVIOUS ISSUE DATES:ELEVATIONSA-4 04 A-4 2 Scale: 1/4" = 1'-0" GARAGE BACK A-4 3 Scale: 1/4" = 1'-0" GARAGE END A-4 1 Scale: 1/4" = 1'-0" GARAGE FRONT 82 9#;<#6#/0 '#56.#-'564''6 2JQPG 83 9#;<#6#/0 '#56.#-'564''6 2JQPG 84 9#;<#6#/0 '#56.#-'564''6 2JQPG 85 Council Exhibit B86 0712 OCTOBER 20233600 CASCO AVEORONO, MNOFDRAWING DESCRIPTION:ISSUE DATE:PREVIOUS ISSUE DATES:COVER PAGEA-1 01 3 6 0 0 C A S C O AVE O R O N O ~ M I N N E S O T A 87 0712 OCTOBER 20233600 CASCO AVEORONO, MNOFDRAWING DESCRIPTION:ISSUE DATE:PREVIOUS ISSUE DATES:ELEVATIONSA-2 02 A-2 2 Scale: 1/4" = 1'-0" RIGHT ELEVATION 12'-1 7/8"10'-1 1/8"8'-0"8'-0"9'-1 1/8"TOP OF PLATE UPPER LEVEL SUBFLOOR MAIN LEVEL SUBFLOOR 945.65' TOP OF PLATE 3.15'HIGHEST existing GRADE 942.5' A-2 1 Scale: 1/4" = 1'-0" FRONT ELEVATION EQUALEQUAL3.15'MID POINT OF HIGHEST GABLE HIGHEST GABLE MAIL LEVEL 945.65' HIGHEST EXISTING GRADE 942.5'26'-2"88 0712 OCTOBER 20233600 CASCO AVEORONO, MNOFDRAWING DESCRIPTION:ISSUE DATE:PREVIOUS ISSUE DATES:ELEVATIONSA-3 03 A-3 2 Scale: 1/4" = 1'-0" LEFT ELEVATION A-3 1 Scale: 1/4" = 1'-0" REAR ELEVATION 89 0712 OCTOBER 20233600 CASCO AVEORONO, MNOFDRAWING DESCRIPTION:ISSUE DATE:PREVIOUS ISSUE DATES:ELEVATIONSA-4 04 A-4 2 Scale: 1/4" = 1'-0" GARAGE BACK A-4 3 Scale: 1/4" = 1'-0" GARAGE END A-4 1 Scale: 1/4" = 1'-0" GARAGE FRONT 90 9#;<#6#/0 '#56.#-'564''6 2JQPG 91 9#;<#6#/0 '#56.#-'564''6 2JQPG 92 9#;<#6#/0 '#56.#-'564''6 2JQPG 93 MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 Kraemer said he does not see a public benefit to keeping it or a public benefit to vacating it. He appreciates that the neighbors have taken care of it for many years. He said the Planning Commission is advisory and he would like the City Council to weigh in. Ressler agreed that the land has no benefit for a public use today. He asked if the public benefits from land that cannot be used or from land that is privately maintained and taxed. He also pointed to possible public expense to the City to maintain the land if it remains an easement. He said clearly there would continue to be a need for drainage on that strip of land and possibly a drainage plan could be put in place along with any vacation. He would like to have an engineer evaluate the easement for any drainage improvements. Curtis said the Commission could recommend maintaining the drainage easement along with a vacation. She said if the vacation is approved it would be imperative to maintain the drainage easement. She explained the DNR’s position is a recommendation. Staff would recommend maintaining the drainage easement but any improvements to drainage would be a separate issue. She said the County makes the determination on how the easement would be divided between the two neighboring properties if it is vacated. Kraemer moved, Erickson seconded, to approve LA23-000045, 1250 and 1260 Spruce Place to vacate an unimproved right-of-way contingent upon maintaining a City drainage easement. VOTE: Ayes: 5, Nays 0. 2. LA23-000060 BRIAN BENSON, 3600 CASCO AVENUE, REQUESTS VARIANCES FOR AVERAGE LAKESHORE SETBACK AND HARDCOVER TO EXCEED 25 PERCENT FOR THE CONSTRUCTION OF A NEW HOME. City Planner Nye gave a presentation on the item, stating the applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The property is uniquely shaped with an extreme average lakeshore setback that does not allow a reasonable building envelope. The existing home on the property is entirely forward of the average lakeshore setback line. The property also contains a wide easement. The applicant is requesting variances from average lakeshore setback and to exceed the hardcover maximum of 25 percent in order to construct a new home. The applicant has identified the property’s unique flag shape and position on a point as practical difficulties. The flag-shape of the lot creates a very long driveway that comprises a large percentage of the overall hardcover on the site. The driveway is 355 feet in length and over 15 percent of the overall hardcover. Staff agrees with the applicant’s assessment. The property is a unique shape and does not have a reasonable building envelope due to an extreme average lakeshore setback. Due to the placement of the neighboring homes, building in front of the average lakeshore setback line would not impact their views of the lake. If the property had a standard driveway length, the property would be in compliance with hardcover. Staff finds the variance requests to be reasonable and in character with the neighborhood, as the current home on the site is in a similar location, she said. Staff recommends approval as applied. Brian Benson of Compass Real Easte of Wayzata, representing the developer, spoke as the applicant. He said the situation was an illustration of the need for variances. The new house would be placed in about the same location as the old house. The design of the new house is classic and minimizing massing to fit in with the neighborhood. They are proposing a reduction in hardcover from 34 to 29 percent but would still be over the 25 percent because of the driveway. He noted the neighbor also uses part of the driveway. 94 MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 Chair Ressler opened the public hearing at 7:16 p.m. There were no public comments. Chair Ressler closed the public hearing at 7:16 p.m. Ressler said it sounded like a good plan. Kraemer said any time you get that reduction in hardcover he is in support. Libby moved, Kraemer seconded, to approve LA23-000060, 3600 Casco Ave. Variances as applied. VOTE: Ayes: 5, Nays 0. 3. LA23-000061 OUTDOOR EXCAPES, 2601 CASCO POINT ROAD, REQUESTS A 75 FOOT LAKE SETBACK VARIANCE FOR THE CONSTRUCTION OF RETAINING WALLS WITHIN THE LAKEYARD. City Planner Nye explained the applicant is proposing to construct a new lake stair and two new retaining walls within the lakeyard. The property is currently experiencing erosion on the hillside that is impacting an existing lakeside shed and oak tree. The property has some boulders that are no longer preserving the hillside. While new lake stairs are permitted within the lakeyard, a variance is required for any new retaining walls within the 75-foot lake setback. The applicant has identified the erosion of the hillside and protection of the existing shed and mature tree as practical difficulties supporting the requested variance. Staff finds the existing conditions of the property and the preservation of the existing structure and tree as practical difficulties which support the variance request. Staff recommends approval of the lake setback variance for the construction of two new retaining walls as proposed with the condition that additional screening of the walls where feasible be implemented to preserve the natural vegetated view from the lake. Drew Torrence of Outdoor Excapes spoke for the applicant explaining the proposal is trying to solve the problem of erosion and would serve a functional purpose of holding up the hillside. He said what they are proposing would also be a dramatic improvement from an aesthetic standpoint. Chair Ressler opened the public hearing at 7:23 p.m. The owner of the home introduced himself but had no additional comments. Chair Ressler closed the public hearing at 7:23 p.m. Ressler pointed out the staff described the improvements as minimal and staff doesn’t use that term lightly. Schultze moved, Libby seconded, to approve LA23-000061, 2601 Casco Point Rd. Variances as applied. VOTE: Ayes: 5, Nays 0. OTHER BUSINESS Peak Agenda Management Introduction 95 Date Application Received: 10/13/2023 Date Application Considered as Complete: 10/30/2023 60-Day Review Period Expires: 12/29/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: November 20, 2023 Subject: #LA23-000060, Brian Benson, 3600 Casco Avenue - Variances - Public Hearing Background The applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The subject property is uniquely shaped with an extreme average lakeshore setback that does not allow a reasonable building envelope. The existing home on the property is entirely forward of the average lakeshore setback line. The property also contains a wide easement and 355-foot-long driveway that restrict the sites overall building envelope and hardcover. The applicant is requesting variances from average lakeshore setback and to exceed the hardcover maximum of 25% in order to construct a new home. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s unique flag shape and position on a point as practical difficulties. The unique shape of the lot creates a very long driveway that comprises a large percentage of the overall hardcover on the site. The driveway is 355 feet in length and over 15% of the overall hardcover for the site. The orientation of the property in relation to the neighbors is also unique and creates an extreme average lakeshore setback line. There is also a wide utility easement along the southern portion of the property that further restricts the building envelope. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The property is a unique shape and does not have a reasonable building envelope due to an extreme average lakeshore setback. Due to the placement of the neighboring homes, building in front of the average lakeshore setback line would not impact their views of the lake. The neighbor to the north does not currently have a view of the lake due to their reverse flag shaped lot and the neighbor to the south enjoys a view of the inlet bay which is not impacted by the subject property’s home. Development on the lot is further suppressed by the long driveway and utility easement. The long driveway on the property comprises about 15% of the hardcover on the site when a maximum of 25% is permitted. Part of this driveway is used by a neighbor to access their property. The proposed hardcover for the site is 30%, which is a reduction from the current 34% on the site. If the property had a standard driveway length, the property would be in compliance with hardcover. Please find the hardcover analysis found in Exhibit H. Staff finds the variance requests to be reasonable and in character with the neighborhood, as the current home on the site is in a similar location. Application Summary: The applicant is requesting variances from average lakeshore setback and hardcover for the construction of a new home. Staff Recommendation: Planning Department Staff recommends approval. 96 FILE #LA23-000060 November 20, 2023 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Setbacks: LR-1C District Required Existing Proposed Rear (Street) 30’ 300+’ 300+’ North Side 10’ 36’ 10.3’ South Side 10’ 11.4’ 22.3’ Lakeshore 75’ 101.8’ 98.8’ Average Lakeshore Not Compliant Not Compliant Section 78-350 – Lot Area/Width: LR-1C District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 33,719 s.f. (0.77 acre) 137’ @ 75’ / 112’ @ OHWL Section 78-1403 – Structural Building Coverage: Total Lot Area Total Structural Coverage 33,719 s.f. (0.77 acre) Allowed: 6,743.8 s.f. Existing: 3,311 s.f. Proposed: 4,693 s.f. Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 33,719 s.f. 8,429.75 s.f. (25%) 11,482 s.f. (34.05%) 10,011 s.f. (29.69%) Applicable Regulations: Average Lakeshore Setback Variances (Section 78-1279) The property is subject to an extreme average lakeshore setback. The current home on the property is completely in front of the average lakeshore setback line. The applicant is proposing to demolish the existing home and accessory garage and construct a new home. The new home will also be fully within the average lakeshore setback as it will be in a similar location. The existing home is approximately 101.8 feet from the OHWL. The proposed home will be slightly closer being 98.8’ from the OHWL at its closest point. The existing and proposed structure will meet the minimum 75-foot lake setback that is in place to protect the water quality of Lake Minnetonka. Due to the orientation and positioning of the neighboring homes, the proposed home will not impact any currently enjoyed lake views. Hardcover Variance (Section 78-1680) The existing hardcover on the property is approximately 34% of the total area which is over the Tier 1 maximum of 25%. While the size of the property is conforming in size, the unique shape requires the need for a long driveway. The driveway is about 355 feet in length and therefore about 15% of the total hardcover. The driveway is needed to access the property and is also used by a neighboring property. The proposal will reduce the hardcover from 34% to 30%, but will still require a variance to exceed 25%. The applicant could also consider the use of some permeable pavers in order to offset the increase in hardcover needed for the driveway. 97 FILE #LA23-000060 November 20, 2023 Page 3 of 5 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. Due to the placement of the neighboring lots and homes there is an extreme average lakeshore setback that eliminates a reasonable building envelope. The neighboring lake views that are currently enjoyed should not be impacted by a new home built in a similar location. The uniquely shaped lot has a very long driveway that greatly impacts the overall hardcover on the site. If the lot had a standard driveway length, a hardcover variance would not be required. The proposed project is also impacted by a wide utility easement. The proposed home will meet the 75-foot lake setback and be in harmony with the neighboring homes. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties 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. The proposal will reduce the overall hardcover on the site which is consistent with the goals of 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 construction of a new single-family home 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 unique lot shape and orientation of the neighboring homes creating an extreme average lakeshore setback 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. This criterion is met. 98 FILE #LA23-000060 November 20, 2023 Page 4 of 5 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 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 unique lot shape, location of the existing utility easement, and the position of the neighboring homes 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. The unique shape of the lot and existing conditions do not apply to other land or structures in the neighborhood or district. 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 to decrease the total hardcover on the site, bringing it closer to compliance. Granting the average lakeshore setback and hardcover variances allows the property owner to build a new home in a similar location utilizing the existing conditions of the long driveway. 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. The proposed home will not impact any currently enjoyed views of the lake by neighboring properties. 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 the overall hardcover on the site from 34% to 30% total hardcover. There is no reasonable building envelope on the site and therefore the variances are needed in order to rebuild in a similar location to that of the existing home. 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 99 FILE #LA23-000060 November 20, 2023 Page 5 of 5 in the district where such land is located. Public Comments The applicant has provided neighbor support letters from both the neighbor to the north (3630 Casco Avenue) and the neighbor to the south (2914 Casco Cove) found in Exhibit I. 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 Staff recommends approval of the variance requests for average lakeshore setback and hardcover as applied. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Narrative Exhibit D. Existing Survey Exhibit E. Proposed Survey Exhibit F. Overlay Exhibit G. Plans Exhibit H. Hardcover Information Exhibit I. Neighbor Support Letters Exhibit J. Site Photos Exhibit K. Mailing List & Map 100 Item No.: 16 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda Item Description: Personnel Policy Updates 1.Purpose: The purpose of the action item is to approve changes in the Personnel Policy Handbook to comply with the new Minnesota Earned Sick and Safe Leave Act that is effective January 1st of 2023. 2.Background/Summary: During its 2023 session, the Minnesota legislature passed legislation requiring changes to the our employee handbook. The major change requires employers to offer all employees Earned Sick and Safe Leave (ESSL). The main difference between the City's current Sick Leave Policy and ESSL are the eligible uses for leave and the definition of family. For full time employees, our current sick leave is being renamed to ESSL and expanded to cover the requirements of the law. The act also requires that we provide our seasonal and part-time employees with ESSL. In compliance with the act, seasonal and part-time employees will receive 1 hour of ESSL for every 30 hours worked with a maximum accrual of 48 hours annually. Additional changes related to pregnancy, nursing mothers, and school conference leave are also being made to comply with state law. These changes are in Section 11 of the handbook. There were a couple of other changes that were not mandated by state law. One was the addition of a definition for Paid on Call (POC) firefighters. the creation of the Orono Fire Department required this new employee definition. The other is the removal of Section 9.04 regarding OBRA. OBRA is a deferred compensation plan that temporary and seasonal employees participated in. Wages earned by a participant in the OBRA plan were excluded from Social Security. Use of the plan was unpopular and confusing among employees. It also created additional paperwork and record keeping for the city. There are other minor wording changes in the handbook, mostly to make definitions between various sections of the handbook more uniform. The employee handbook is included with this action item with the changes highlighted. 3.Staff Recommendation: Staff recommends adoption of the updated personnel policy handbook. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to adopt the updated personnel policy handbook. Exhibits Ex. A Personnel Policy Draft 101 221698v1 City of Orono Personnel Policy 2023 102 1 221698v1 Table of Contents Article 1.INTRODUCTION............................................................................................... 6 Section 1.01 Purpose................................................................................................................. 6 Section 1.02 Scope.................................................................................................................... 6 Section 1.03 EEO Policy Statement.......................................................................................... 6 Section 1.04 Data Practices Advisory....................................................................................... 6 Section 1.05 Media Requests.................................................................................................... 7 Section 1.06 Personal Communications and Use of Social Media........................................... 8 Article 2.CITYWIDE WORK RULES & CODE OF CONDUCT .................................. 10 Section 2.01 Conduct as a City Employee.............................................................................. 10 Section 2.02 Attendance & Absence ...................................................................................... 10 Section 2.03 Access to and Use of City Property................................................................... 11 Section 2.04 Appearance ........................................................................................................ 11 Section 2.05 Conflict of Interest............................................................................................. 12 Section 2.06 Falsification of Records..................................................................................... 12 Section 2.07 Personal Communications ................................................................................. 13 Section 2.08 Political Activity................................................................................................ 13 Section 2.09 Smoking............................................................................................................. 13 Article 3.DEFINITIONS................................................................................................... 14 Section 3.01 Authorized Hours............................................................................................... 14 Section 3.02 Benefits.............................................................................................................. 14 Section 3.03 Benefit Earning Employees............................................................................... 14 Section 3.04 Core Hours......................................................................................................... 14 Section 3.05 Demotion............................................................................................................ 14 Section 3.06 Direct Deposit.................................................................................................... 14 Section 3.07 Employee........................................................................................................... 14 Section 3.08 Exempt Employee.............................................................................................. 14 Section 3.09 FICA (Federal Insurance Contributions Act) .................................................... 14 Section 3.10 Fiscal Year......................................................................................................... 14 Section 3.11 Full-Time Employee.......................................................................................... 14 Section 3.12 Hours of Operation “Office Hours”................................................................... 15 Section 3.13 Management Employee ..................................................................................... 15 Section 3.14 Non-Exempt Employee...................................................................................... 15 Section 3.15 Part-Time Employee.......................................................................................... 15 Section 3.16 Pay Period.......................................................................................................... 15 103 2 221698v1 Section 3.17 PERA (Public Employees Retirement Association).......................................... 15 Section 3.18 Promotion........................................................................................................... 15 Section 3.19 Reclassify........................................................................................................... 15 Section 3.20 Seasonal Employee............................................................................................ 15 Section 3.21 Service Credit / Time......................................................................................... 16 Section 3.22 Temporary Employee......................................................................................... 16 Section 3.23 Training/Probationary Period............................................................................. 16 Section 3.24 Transfer.............................................................................................................. 16 Section 3.25 Weapons............................................................................................................. 16 Section 3.26 Workweek.......................................................................................................... 16 Article 4.EMPLOYEE RECRUITMENT & SELECTION.............................................. 17 Section 4.01 Scope.................................................................................................................. 17 Section 4.02 Features of the Recruitment System.................................................................. 17 Section 4.03 Testing and Examinations.................................................................................. 17 Section 4.04 Pre-Employment Medical Exams...................................................................... 17 Section 4.05 Selection Process ............................................................................................... 18 Section 4.06 Background Checks........................................................................................... 18 Section 4.07 Training Period (see also 3.23).......................................................................... 18 Article 5 ORGANIZATION............................................................................................. 19 Section 5.01 Job Descriptions................................................................................................. 19 Section 5.02 Assigning and Scheduling Work ....................................................................... 19 Section 5.03 Job Descriptions and Classifications ................................................................. 19 Section 5.04 Layoff................................................................................................................. 19 Article 6.HOURS OF WORK........................................................................................... 20 Section 6.01 Work Hours........................................................................................................ 20 Section 6.02 Core Hours......................................................................................................... 20 Section 6.03 Meal Breaks and Rest Periods........................................................................... 20 Section 6.04 Adverse Weather Conditions............................................................................. 20 Article 7.COMPENSATION............................................................................................ 21 Section 7.01 Direct Deposit.................................................................................................... 21 Section 7.02 Improper Deduction and Overpayment Policy.................................................. 21 Section 7.03 Time Reporting.................................................................................................. 22 Section 7.04 Overtime / Compensatory Time......................................................................... 22 Section 7.05 Non-Exempt (Overtime-Eligible) Employees................................................... 22 Section 7.06 Exempt (Non-Overtime-Eligible) Employees................................................... 23 Section 7.07 Leave Policy for Exempt Employees................................................................. 24 104 3 221698v1 Article 8.PERFORMANCE REVIEWS (See Appendix A for full policy and forms)..... 25 Article 9.BENEFITS......................................................................................................... 26 Section 9.01 Health, Dental, Life Insurance........................................................................... 26 Section 9.02 Retirement/PERA .............................................................................................. 26 Section 9.03 Retirement/Deferred Compensation.................................................................. 26 Section 9.04 Retirement/OBRA.............................................................................................. 26 Section 9.05 Tuition Reimbursement (see Appendix B for detailed policy and forms)......... 27 Section 9.06 Worker’s Compensation.................................................................................... 27 Article 10.HOLIDAYS....................................................................................................... 28 Article 11.LEAVES OF ABSENCE................................................................................... 29 Section 11.01 Sick Leave Sick & Safe Leave........................................................................... 29 Section 11.02 Vacation Leave.................................................................................................. 33 Section 11.03 Funeral Leave..................................................................................................... 34 Section 11.04A Military Leave.................................................................................................... 34 Section 11.04B Military Leave for Family Members.................................................................. 35 Section 11.04C Military Leave for Family Member Injured or Killed in Active Service .......... 35 Section 11.04D Civil Air Patrol................................................................................................... 35 Section 11.05 Jury Duty............................................................................................................ 35 Section 11.06 Court Appearances............................................................................................. 36 Section 11.07 Victim or Witness Leave ................................................................................... 36 Section 11.08 Job Related Injury or Illness.............................................................................. 36 Section 11.09 Pregnancy and Parenting Leave......................................................................... 37 Section 11.10 Administrative Leave......................................................................................... 37 Section 11.11 Adoptive Parents................................................................................................ 37 Section 11.12 School Conference Leave.................................................................................. 37 Section 11.13 Bone Marrow/Organ Donation Leave ............................................................... 38 Section 11.14A Elections / Voting .............................................................................................. 38 Section 11.14B Delegates to Party Conventions......................................................................... 39 Section 11.15 Regular Leave without Pay................................................................................ 39 Section 11.16 Family and Medical Leave................................................................................. 40 Section 11.17 Reasonable Work Time for Nursing Mothers.................................................... 41 Section 11.18 Light Duty/Modified Duty Assignment............................................................. 41 Section 11.19 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy ............................................................................................................................ 42 Article 12.RESPECTFUL WORKPLACE POLICY.......................................................... 43 Section 12.01 Applicability ...................................................................................................... 43 105 4 221698v1 Section 12.02 Abusive Customer Behavior.............................................................................. 43 Section 12.03 Types of Disrespectful Behavior ....................................................................... 43 Section 12.04 Employee Response to Disrespectful Workplace Behavior.............................. 44 Section 12.05 Supervisor’s Response to Allegations of Disrespectful Workplace Behavior... 45 Section 12.06 Special Reporting Requirements........................................................................ 46 Section 12.07 Confidentiality................................................................................................... 47 Section 12.08 Retaliation.......................................................................................................... 47 Article 13.POSSESSION AND USE OF DANGEROUS WEAPONS.............................. 49 Article 14.SEPARATION FROM SERVICE..................................................................... 50 Section 14.01 Resignations....................................................................................................... 50 Section 14.02 Severance Pay.................................................................................................... 50 Section 14.03 Post-Retirement Health Care Savings Plan........................................................ 50 Section 14.04 Continuation of Group Health and Dental Insurance ........................................ 50 Article 15.DISCIPLINE...................................................................................................... 52 Section 15.01 General Policy.................................................................................................... 52 Section 15.02 No Contract Language Established.................................................................... 52 Section 15.03 Process............................................................................................................... 52 Article 16.GRIEVANCE PROCEDURE............................................................................ 54 Section 16.01 Waiver................................................................................................................ 54 Article 17.EMPLOYEE EDUCATION & TRAINING ..................................................... 55 Section 17.01 Policy................................................................................................................. 55 Section 17.02 Job-Related Training & Conferences................................................................. 55 Section 17.03 Job-Related Meetings......................................................................................... 55 Section 17.04 Request for Participation in Training & Conferences........................................ 55 Section 17.05 Out of State Travel............................................................................................. 55 Section 17.06 Compensation for Travel & Training Time....................................................... 55 Section 17.07 Memberships and Dues...................................................................................... 55 Section 17.08 Travel & Meal Allowance (see Appendix F for form)...................................... 56 Article 18.OUTSIDE EMPLOYMENT.............................................................................. 57 Article 19.DRUG FREE WORKPLACE............................................................................ 58 Article 20.CITY DRIVING POLICY................................................................................. 59 Section 20.01 Records Review................................................................................................. 59 Section 20.02 Cell Phone use while driving............................................................................. 59 Article 21.CITY TECHNOLOGY (See Appendix D. Iformation Technology Forms) ..... 60 Section 21.01 Purpose............................................................................................................... 60 Section 21.02 General Information........................................................................................... 60 106 5 221698v1 Section 21.03 Personal Use....................................................................................................... 60 Section 21.04 IT Hardware....................................................................................................... 61 Section 21.05 IT Software........................................................................................................ 61 Section 21.06 Electronic Mail................................................................................................... 61 Section 21.07 Electronic Calendars.......................................................................................... 62 Section 21.08 Personal Devices................................................................................................ 62 Section 21.09 Security.............................................................................................................. 62 Section 21.10 Internet............................................................................................................... 63 Section 21.11 Data Retention. .................................................................................................. 63 Section 21.12 Electronic Mobile devices (including Cell Phones)........................................... 64 Section 21.13 Cell Phone Monthly Allowance Election. ......................................................... 64 Section 21.14 Procedures.......................................................................................................... 65 Section 21.15 Responsibility.................................................................................................... 65 Article 22.SAFETY ............................................................................................................ 66 Section 22.01 Reporting Accidents and Illnesses..................................................................... 66 Section 22.02 Safety Equipment/Gear...................................................................................... 66 Section 22.03 Unsafe Behavior................................................................................................. 66 Section 22.04 Access to Gender-Segregated Activities and Areas........................................... 66 Article 23.EMPLOYEE RECOGNITION.......................................................................... 67 Section 23.01 Service Recognition........................................................................................... 67 Section 23.02 Service Awards.................................................................................................. 67 Appendix A.Performance Evaluation Process and Forms...................................................... 69 Appendix B.Tuition Reimbursement Policy and Forms........................................................ 95 Appendix C.Website Policy................................................................................................... 99 Appendix D. Information Technology Forms....................................................................... 102 Appendix F. Expense/Reimbursement Report...................................................................... 110 Appendix G.Position Reclassification Guidelines and Process............................................ 112 Appendix H. Flexible Work Arrangement Policy................................................................. 118 Appendix I. Credit Card Policy............................................................................................ 126 107 6 221698v1 Article 1.INTRODUCTION Section 1.01 Purpose It is the purpose of these policies to establish a uniform and equitable system of personnel administration for employees of the city of Orono. Their provisions do not establish terms and shall not be construed as contractual provisions. They are not intended to be all-inclusive or to cover every situation that may arise. These policies may be amended at any time at the sole discretion of the city and they will supersede all previous personnel policies. Revisions and amendments shall become effective upon approval by the Orono City Council. Except as otherwise prohibited by law, the City of Orono has the right to terminate any employee at any time for any or no reason. Employees may similarly terminate employment at any time for any reason. Section 1.02 Scope These policies apply to all employees of the city. Except where specifically noted, these policies do not apply to: 1. Elected officials 2. City attorney 3. Members of city boards, commissions, and committees 4. Consultants and contractors 5. Volunteers, except as specifically noted for paid-per-call firefighters. If any specific provisions of the personnel policies conflict with any current union agreement or civil service rules, the union agreement or civil service rules will prevail. Union employees are encouraged to consult their collective bargaining agreement first for information about their employment conditions. Nothing in these policies is intended to modify or supersede any applicable provision of state or federal law. These policies serve as an information guide to help employees become better informed and to make their experience with the City more rewarding. Departments may have special work rules deemed necessary by the supervisor and approved by the city administrator for the achievement of objectives of that department. Each employee will be given a copy of such work rules by the department upon hiring and such rules will be further explained, and enforcement discussed with the employee by the immediate supervisor. Section 1.03 EEO Policy Statement The City of Orono is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-off, disciplinary action, termination, compensation and selection for training. The City of Orono will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission. Section 1.04 Data Practices Advisory 108 7 221698v1 Employee records are maintained in a location designated by the city administrator. Personnel data is retained in personnel files, finance files, and benefit/medical files. Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc. Employees have the right to know what data is retained, where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act. Section 1.05 Media Requests All city employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. Requests for private data or information outside of the scope of an individual’s job duties should be routed to the appropriate department or to the data practices authority. Any employee who identifies a mistake in reporting should bring the error to the city administrator or other appropriate staff. Regardless of whether the communication is in the employee’s official city role or in a personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc. Except for routine events and basic information readily available to the public, all requests for interviews or information from the media are to be routed through the city administrator. No city employee is authorized to speak on behalf of the city without prior authorization from the city administrator or his/her designee. Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, social media postings, and websites. When responding to media requests, employees should follow these steps: 1. If the request is for routine or public information (such as a meeting time or agenda), provide the information and notify the city administrator of the request. 2. If the request is regarding information about city personnel, potential litigation, controversial issues, an opinion on a city matter, or if an employee is unsure if the request is a “routine” question, forward the request to the city administrator. An appropriate response would be, “I’m sorry, I don’t have the full information regarding that issue. Let me take some basic information and submit your request to the appropriate person, who will get back to you as soon as he/she can.” Then ask the media representative’s name, questions, deadline, and contact information. All news releases concerning city personnel will be the responsibility of the city administrator. When/if the city administrator authorizes a staff person to communicate on behalf of the city in interviews, publications, news releases, on social media sites, and related communications, employees must: Identify themselves as representing the city. Account names on social media sites must be clearly connected to the city and approved by the city administrator. Be respectful, professional, and truthful when providing information. In most cases, only factual information (not opinions or editorial comments) should be provided: “The city finished 109 8 221698v1 street cleaning on 16 streets in the northwest corner of the city this past week” instead of “The city is doing a great job with street cleaning this year!” Corrections must be issued when needed. Generally, not include personal opinions in official city statements. One exception is communications related to promoting a city service. For example, an employee could post the following on the city’s Facebook page: “My family visited Hill Park this weekend and really enjoyed the new band shelter.” Employees who have been approved to use social media sites on behalf of the city should seek assistance from the city administrator on this topic. Notify the city administrator if they will be using their personal technology (cell phones, home computer, cameras, etc.) for city business. Employees should be aware that data transmitted or stored may be subject to the Minnesota Government Data Practices Act. Section 1.06 Personal Communications and Use of Social Media It is important for city employees to remember that the personal communications of employees may reflect on the city, especially if employees are commenting on city business or commenting on issues that implicate their city employment. As city representatives, employees share in the responsibility of earning and preserving the public’s trust in the city. An employee’s own personal communications, such as on social media, can have a significant impact on the public’s belief that all city staff will carry out city functions faithfully and impartially and without regard to factors such as race, sex/gender, religion, national origin, disability, sexual orientation, or other protected categories. Non- personal communications (performed within one’s job duties) to members of the public must be professional at all times. The following guidelines apply to personal communications, including various forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), letters to the editor of newspapers, and personal endorsements: Do not share any private or confidential information you have access to as a result of your city position. Any personal communications made on a matter of public concern must not disrupt the efficiency of the city’s operation, including by negatively affecting morale. Put another way, such public comments must not undermine any city department’s ability to effectively serve the public. Disruptive personal communications can include liking or republishing (sharing/retweeting) a social media post of another individual or entity. The City can act on the personal communication that violates this policy without waiting for the actual disruption. Remember what you write or post cannot easily be undone. It may also be spread to larger audience than you intended. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information or photos you would not want your boss or other employees to read, or you would be embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation concerning a co-worker or between co- workers that would not be permissible in the workplace is not permissible online, even if it is done after hours, from home and on home computers. The City of expects its employees to be fair, courteous, and respectful to supervisors, co- workers, citizens, customers, and other persons associated with the city. Avoid using statements, photographs, video or audio that reasonably may be viewed as malicious, obscene, threatening or intimidating, disparaging, or might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of sex, race, national origin, age, color, creed, religion, disability, marital status, familial status, veteran status, sexual orientation, gender identity, 110 9 221698v1 or gender expression, status with regard to public assistance or membership or activity in a local human rights commission. If you publish something related to city business and there is liable to be confusion whether you are speaking on behalf of the city, it would be best to identify yourself and use a disclaimer such as, “These are my own opinions and do not represent those of the city of Orono.” City resources, working time, or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. Some examples: a building inspector could not use the city’s logo, email, or working time to promote his/her side business as a plumber; a parks employee should not access a park after hours even though he or she may have a key; a clerk, while working at City Hall, should not campaign for a friend who is running for City Council. Personal social media account name or email names should not be tied to the city (e.g., Orono Cop). 111 10 221698v1 Article 2.CITYWIDE WORK RULES & CODE OF CONDUCT Section 2.01 Conduct as a City Employee In accepting city employment, employees become representatives of the city and are responsible for assisting and serving the citizens for whom they work. An employee’s primary responsibility is to serve the residents of Orono. Employees should exhibit conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To achieve this goal, employees must adhere to established policies, rules, and procedures and follow the instructions of their supervisors. Honesty is an important organizational attribute to our city. Therefore, any intentional misrepresentation of facts or falsification of records, including personnel records, medical records, leaves of absence documentation or the like, will not be tolerated. Further, dishonesty in city positions may preclude workers from effectively performing their essential job duties. The following are job requirements for every position at the city of Orono. All employees are expected to: Perform assigned duties to the best of their ability at all times. Render prompt and courteous service to the public at all times. Read, understand, and comply with the rules and regulations as set forth in these personnel policies as well as those of their departments. Conduct themselves professionally toward both residents and staff and respond to inquiries and information requests with patience and every possible courtesy. Report any and all unsafe conditions to the immediate supervisor. Maintain good attendance while meeting the goals set by an employee’s supervisor. Section 2.02 Attendance & Absence The operations and standards of service in the city of Orono require that employees be at work unless valid reasons warrant absence, or an employee has a position that has been approved to work remotely. In order for a team to function efficiently and effectively, employees must fully understand the goals that have been set for them and the time required to be on the job. Understanding attendance requirements is an essential function of every city position. Employees who are going to be absent from work are required to notify their supervisor as soon as possible in advance of the absence. In the event of an unexpected absence, employees should contact their supervisor before the scheduled starting time and keep in mind the following procedures: If the supervisor is not available at the time, the employee should leave a message that includes a telephone number where he/she can be reached and/or contact any other individual who was designated by the supervisor. Failure to use the established reporting process will be grounds for disciplinary action. The employee must notify the supervisor on each day of an absence extending beyond one (1) day unless arrangements otherwise have been made with the supervisor. Employees who are absent for three (3) days or more and who do not report the absence in accordance with this policy, will be considered to have voluntarily resigned not in good standing. The city may waive this rule if extenuating circumstances warranted such behavior. This policy does not preclude the city from administering discipline for unexcused absences of less than three days. Individual departments may establish more specific reporting procedures. 112 11 221698v1 For budgetary and confidentiality reasons, non-exempt employees (eligible for overtime pay) are not authorized to take work home or work through lunch without prior approval from their supervisor. Section 2.03 Access to and Use of City Property Any employee who has authorized possession of keys, tools, cell phones, pagers, or other city-owned equipment must register his/her name and the serial number (if applicable) or identifying information about the equipment with his/her supervisor. All such equipment must be turned in and accounted for by any employee leaving employment with the city in order to resign in good standing. Employees are responsible for the safekeeping and care of all such equipment. The duplication of keys owned by the city is prohibited unless authorized by the city administrator. Any employee found having an unauthorized duplicate key will be subject to disciplinary action. Section 2.04 Appearance The City of Orono has established a business casual dress code policy. While City employees are not required to wear what is traditionally considered formal business attire, appropriate standards of professionalism must be followed. Employees are expected to maintain a clean and neat appearance at all times, dressing in a manner appropriate for the work being performed and consistent with safety rules and considerations. Employees of the City are required to dress appropriately for the jobs they are performing. This policy shall apply when employees are engaging in official City business or are otherwise representing the City. Failure to adhere to this policy may result in appropriate disciplinary action, up to and including termination of employment. All employees are representatives of the City and therefore dress and appearance should: •Present a professional or identifiable appearance for external and internal customers as well as the public. •Promote a positive working environment. •Limit distractions caused by inappropriate dress. •Ensure and promote safety while at work. •Dress in a manner that is normally accepted in comparable operations. Appropriate Attire: •Neat and Well-Groomed — during working hours, employees should appear neat and professional at all times. Employees are expected to be suitably attired and well groomed, and ensure that their clothing is clean, ironed and not torn, ripped or stained. •Professional Attire — Employees should use common sense and good judgment in determining what to wear to work. Generally, if the employee is doubtful about some clothing, it is not appropriate. •Where uniforms are required, they must be worn during work hours. The uniforms should be neat and clean when the employee arrives for work. Each department is responsible for seeing to it that employees follow regulations regarding uniforms, related accessories and equipment. Uniforms bearing City identification patch should not be worn during off-duty hours. •Personal Protective Equipment (PPE): The City will provide employees, whose duties require it, with personal protective equipment. Employees are responsible for keeping the equipment in operable conditions and wearing it appropriately in the performance of their duties. •Job Specific — this dress code policy is a general guideline, but employees should take into consideration any job specific safety concerns or requirements. Employees who regularly 113 12 221698v1 lift machinery or heavy materials should not wear dangling clothing or jewelry that may get caught in machinery and should wear comfortable, slip-resistant, safety shoes at all times. •Good personal hygiene is required. •Attire and footwear must be appropriate for work setting, particularly if there is public contact. •Department Heads have discretion to further expand on what is considered appropriate attire within their respective departments/divisions. Prohibited Attire: Some attire is unacceptable for work at any time. The following list provides some examples, although it is not a complete list: •Any clothing or accessories that include an offensive word, message or slogan or picture directed at race, sexual orientation, gender, age, religion, disability, or is otherwise considered to be offensive or harassing in some way. •Cut-offs or shorts •Gym wear or beachwear •Clothing that reveals the employees under garments •Spandex or Lycra gym wear tops or bottoms •Tank tops, tube tops, halter-tops, or shirts with spaghetti straps. •Off the shoulder tops •Lounge wear (i.e., pajama pants) •Sweatshirts or sweatpants •Miniskirts •Flip-flops •Any clothing that reveals the employee's stomach, full back, cleavage, or chest, or otherwise revealing attire. •If logos are on clothing, these logos should not promote contractors or vendors that may conduct business with the City. Employees are expected to comply with the City dress code policy, maintaining an appropriate image for the workplace any time they are at work or otherwise representing the City, such as during professional association meetings and business travel. Employees who need an accommodation associated with a protected status such as religion or disability should speak to the City Administrator to obtain approval to deviate from this policy. Employees may dress in accordance with their gender identity, within the constraints of the dress codes adopted by the city. City staff shall not enforce the dress code more strictly against transgender and gender diverse employees than another employee Section 2.05 Conflict of Interest City employees are to remove themselves from situations in which they would have to take action or make a decision where that action or decision could be a perceived or actual conflict of interest or could result in a personal benefit for themselves or a family member. If an employee has any question about whether such a conflict exists, he/she should consult with the city administrator. Section 2.06 Falsification of Records Any employee who makes false statements or commits, or attempts to commit, fraud in an effort to prevent the impartial application of these policies, will be subject to immediate disciplinary action up to and including termination and potential criminal prosecution. 114 13 221698v1 Section 2.07 Personal Communications Personal telephone calls and electronic communications are to be made or received only when truly necessary (e.g., family or medical emergency). They are not to interfere with city work and are to be completed as quickly as possible. Please refer to the cell phone policy for information on use of cellular phones. (See Appendix C for additional information) Section 2.08 Political Activity City employees have the right to express their views and to pursue legitimate involvement in the political system. However, no city employee will directly or indirectly, during hours of employment, solicit or receive funds for political purposes. Further, any political activity in the workplace must be pre-approved by the city to avoid any conflict of interest or perception of bias such as using authority or political influence to compel another employee to apply for or become a member in a political organization. Section 2.09 Smoking The city of Orono observes and supports the Minnesota Clean Indoor Air Act. All city buildings and vehicles, in their entirety, shall be designated as tobacco free, meaning that smoking in any form through the use of tobacco or cannabinoid products such as pipes, cigars, and cigarettes or “vaping” with e-cigarettes is prohibited while in a city facility or vehicle. Smoking of any kind, including pipes, cigars, cigarettes, vaping with e-cigarettes, and the use of chewing tobacco, is prohibited for employees while on duty. Employees 21 and over are allowed to smoke only during their breaks and lunch, and only in areas designated for that purpose. 115 14 221698v1 Article 3.DEFINITIONS For purposes of these policies, the following definitions will apply: Section 3.01 Authorized Hours The number of hours an employee was hired to work. Actual hours worked during any given pay period may be different than authorized hours, depending on workload demands or other factors, and upon approval of the employee’s supervisor. Section 3.02 Benefits Privileges granted to qualified employees in the form of paid leave and/or insurance coverage. Section 3.03 Benefit Earning Employees Employees who are eligible for at least a pro-rated portion of city-provided benefits such as vacation and sick leave. Such employees must be year-round employees who work at least 20 hours per week on a regular basis. Section 3.04 Core Hours The core hours that all employees (exempt and non-exempt) are expected to work are 9 a.m. to 3:30 p.m., Monday through Friday. Police, fire, parks and public works employees do not have core hours and work the schedules established by their supervisors. Section 3.05 Demotion The movement of an employee from one job class to another within the city, where the maximum salary for the new position is lower than that of the employee’s former position. Section 3.06 Direct Deposit As permitted by state law, all city employees are required to participate in direct deposit. Section 3.07 Employee An individual who has successfully completed all stages of the selection process, including the training period. Section 3.08 Exempt Employee Employees who are not covered by the overtime provisions of the federal or state Fair Labor Standards Act. Section 3.09 FICA (Federal Insurance Contributions Act) FICA is the federal requirement that a certain amount be automatically withheld from employees’ earnings. Specifically, FICA requires an employee contribution of 6.2 percent for Social Security and 1.45 percent for Medicare. The city contributes a matching 7.65 percent on behalf of each employee. Certain employees are exempt or partially exempt from these withholdings (e.g., police officers). These amounts may change if required by law. Section 3.10 Fiscal Year The period from Jan. 1 to Dec. 31. Section 3.11 Full-Time Employee 116 15 221698v1 Employees who are required to work forty (40) or more hours per week year-round in an ongoing position. Section 3.12 Hours of Operation “Office Hours” The city’s regular hours of operation are Monday through Friday, from 8 a.m. to 4:30 p.m. Section 3.13 Management Employee An employee who is responsible for managing a department or division of the city. Section 3.14 Non-Exempt Employee Employees who are covered by the federal or state Fair Labor Standards Act. Such employees are normally eligible for overtime at 1.5 times their regular hourly wage for all hours worked over forty (40) in any given workweek. Section 3.15 Paid-On-Call Firefighter (POC) A firefighter that is required to respond to emergency callouts at any time, 24 hours a day, 7 days per week. POC firefighters are called out to emergencies with no notice and compensated for time worked at a nominal rate of pay. POC employees will earn Sick & Safe Leave but do not earn vacation other employment benefits. Section 3.16 Part-Time Employee Employees who are required to work less than forty (40) hours per week year-round in an ongoing position. In accordance with federal health care reform laws and regulations, the city shall offer health insurance benefits to eligible employees and their dependents that work on average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more per month. In order to comply with health care reform law while avoiding penalties, part-time employees will be scheduled with business needs and in a manner that ensures positions retain part-time status as intended. Section 3.17 Pay Period A fourteen (14) day period beginning at 12 a.m. (midnight) on Monday through 11:59 p.m. on Sunday, fourteen (14) days later. Section 3.18 PERA (Public Employees Retirement Association) Statewide pension program in which all city employees meeting program requirements must participate in accordance with Minnesota law. The city and the employee each contribute to the employee’s retirement account. Section 3.19 Promotion Movement of an employee from one job class to another within the city, where the maximum salary for the new position is higher than that of the employee’s former position. Section 3.20 Reclassify (see Appendix G for detailed guidelines and process) Movement of a job from one classification to another classification because of a significant change in the position’s duties and responsibilities. Section 3.21 Seasonal Employee 117 16 221698v1 Employees who work only part of the year to conduct seasonal work. Seasonal employees may be assigned to work a full-time or part-time schedule. Seasonal employees will earn Sick & Safe Leave but do not earn benefits or credit for seniority. Section 3.22 Service Credit / Time Time worked for the city. An employee begins earning service credit on the first day worked for the city. Some forms of leave will create a break in service. Section 3.23 Temporary Employee Employees who work in temporary positions. Temporary jobs might have a defined start and end date or may be for the duration of a specific project. Temporary employees may be assigned to work a full-time or part-time schedule. Temporary employees will earn Sick & Safe Leave but do not earn benefits or credit for seniority. Section 3.24 Training/Probationary Period A twelve-month period at the start of employment with the city or at the beginning of a promotion, reassignment, or transfer that is designated as a period within which to learn the job, unless covered by a collective bargaining agreement stating a different time frame. The training period is an integral extension of the city’s selection process and is used by supervisors for closely observing an employee’s work. An employee serving his/her initial probationary period may be disciplined at the sole discretion of the city, up to and including dismissal. An employee so disciplined, including dismissal, will not have any grievance rights. Nothing in this policy handbook shall be construed to imply that after completion of the probationary period, an employee has any vested interest or property right to continued city employment. Time served in temporary, seasonal, volunteer or interim positions are not considered part of the probationary period. If an emergency arises during an employee’s probationary period which requires a leave of absence, such time off, if granted, will not be considered as time worked, and the probationary period will be extended by the length of time taken. Section 3.25 Transfer Movement of an employee from one city position to another of equivalent pay. Section 3.26 Weapons Weapons are defined to include all legal or illegal firearms, switchblade knives, or any other object that has been modified to serve as a weapon or that has the primary purpose of serving as a weapon. Section 3.27 Workweek A workweek is seven consecutive 24-hour periods. For most employees the workweek will run from Monday through the following Sunday. With the approval of the city administrator, departments may establish a different workweek based on coverage and service delivery needs (e.g., police department, fire department, park and recreation department). 118 17 221698v1 Article 4.EMPLOYEE RECRUITMENT & SELECTION Section 4.01 Scope The city administrator or a designee will manage the hiring process for positions within the city. While the hiring process may be coordinated by staff, the City Council is responsible for the final hiring decision and must approve all hires to city employment. All hires will be made according to merit and fitness related to the position being filled. Section 4.02 Features of the Recruitment System The city administrator or designee will determine if a vacancy will be filled through an open recruitment or by promotion, transfer, or some other method. This determination will be made on a case-by-case basis. The majority of position vacancies will be filled through an open recruitment process. Application for employment will generally be made online. Other materials in lieu of a formal application may be accepted in certain recruitment situations as determined by the city administrator or designee. Supplemental questionnaires may be required in certain situations. All candidates must complete and submit the required application materials by the posted deadline, in order to be considered for the position. The deadline for application may be extended by the city administrator. Unsolicited applications will not be kept on file. Position vacancies may be filled on an “acting” basis as needed. The City Council will approve all acting appointments. Pay rate adjustments, if any, will be determined by the City Council. Section 4.03 Testing and Examinations Applicant qualifications will be evaluated in one or more of the following ways: training and experience rating; written test; oral test or interview; performance or demonstrative test; physical agility test; or another appropriate job-related exam. Internal recruitments will be open to any city employee who: (1) has successfully completed the initial training period; (2) meets the minimum qualifications for the vacant position; and (3) currently is and for the past year has been in good standing with the city. The City Council or designee will establish minimum qualifications for each position with input from the appropriate supervisor. To be eligible to participate in the selection process, a candidate must meet the minimum qualifications. Section 4.04 Pre-Employment Medical Exams The city administrator or designee may determine that a pre-employment medical examination, which may include a psychological evaluation, is necessary to determine fitness to perform the essential functions of any city position. Where a medical examination is required, an offer of employment is contingent upon successful completion of the medical exam. When a pre-employment medical exam is required, it will be required of all candidates who are finalists and/or who are offered employment for a given job class. Information obtained from the medical exam will be treated as confidential medical records. 119 18 221698v1 When required, the medical exam will be conducted by a licensed physician designated by the city with the cost of the exam paid by the city. (Psychological/psychiatric exams will be conducted by a licensed psychologist or psychiatrist). The physician will notify the city administrator or designee that a candidate either is or isn’t medically able to perform the essential functions of the job, with or without accommodations, and whether the candidate passed a drug test, if applicable. If the candidate requires accommodation to perform one or more of the essential functions of the job, the city administrator or designee will confer with the physician and candidate regarding reasonable and acceptable accommodations. If a candidate is rejected for employment based on the results of the medical exam, he/she will be notified of this determination. Section 4.05 Selection Process The selection process will be a cooperative effort between the city administrator or designee and the hiring supervisor, subject to final hiring approval of the City Council. Any, all, or none of the candidates may be interviewed. The process for hiring seasonal and temporary employees may be delegated to the appropriate supervisor with each hire subject to final City Council approval. Except where prohibited by law, seasonal and temporary employees may be terminated by the supervisor at any time, subject to City Council approval. The city has the right to make the final hiring decision based on qualifications, abilities, experience and city of Orono needs. Section 4.06 Background Checks All finalists for employment with the city will be subject to a background check to confirm information submitted as part of application materials and to assist in determining the candidate’s suitability for the position. Except where already defined by state law, the city administrator will determine the level of background check to be conducted based on the position being filled. Section 4.07 Training Period (see also 3.23) The training period is an integral part of the selection process and will be used for the purpose of closely observing the employee’s work and for training the employee in work expectations. Training periods apply to new hires, transfers, promotions, and rehires. Training periods are twelve months in duration, but may be extended by, for example, an unpaid leave of absence. 120 19 221698v1 Article 5 ORGANIZATION Section 5.01 Job Descriptions The city will maintain job descriptions for each regular position. New positions will be developed as needed but must be approved by the City Council prior to the position being filled. A job description is prepared for each position within the city. Each job description will include: position title, department, supervisor’s title, FLSA status (the city administrator will determine whether each employee is designated as “exempt” or “non-exempt” based on guidance provided by the FLSA(employees in executive, administrative, and professional job classes are generally exempt; all others are non-exempt)), primary objective of the position, essential functions of the position, examples of performance criteria, minimum requirements, desirable training and experience, supervisory responsibilities (if any), and extent of supervisory direction or guidance provided to position. In addition, job descriptions may also describe the benefits offered and potential career path opportunities as a means to entice a qualified pool of applicants. Good attendance and compliance with work rules and policies are essential functions of all city positions. Prior to posting a vacant position the existing job description is reviewed by the city administrator or designee and the hiring supervisor to ensure the job description is an accurate reflection of the position and the stated job qualifications do not present artificial barriers to employment. A current job description is provided to each new employee. Supervisors are responsible for revising job descriptions as necessary to ensure that the position’s duties and responsibilities are accurately reflected. All revisions are reviewed and must be approved by the city administrator. Section 5.02 Assigning and Scheduling Work Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the respective department head. Section 5.03 Job Descriptions and Classifications Assignment of job titles, establishment of minimum qualifications, and the maintenance of job descriptions and related records is the responsibility of the city administrator. Section 5.04 Layoff In the event it becomes necessary to reduce personnel, temporary employees and those serving a probationary period in affected job classes will be terminated from employment with the city before other employees in those job classes. Within these groups, the selection of employees to be retained will be based on merit and ability as determined by the city administrator, subject to approval of the City Council. When all other considerations are equal, the principle of seniority will apply in layoffs and recall from layoffs. 121 20 221698v1 Article 6.HOURS OF WORK Section 6.01 Work Hours Employee work schedules will be established by supervisors with the approval of the city administrator. The regular workweek for full time employees is five eight-hour days in addition to a lunch period, Monday through Friday, except as otherwise approved by the department head in accordance with the customs and needs of the individual departments. Flex-time schedules and opportunities to work remotely may be established only with the approval of the department head and City Administrator. (See Appendix H for Flexible Work Schedule Policy) Each employee must adhere to a schedule which has been established by taking into consideration the department work load and necessary services provided by the City. Such hours cannot be less than the minimum hours described in this policy, but may vary for shift requirements and other times deemed necessary to properly provide City services beyond regular business hours. All overtime must be approved by the appropriate department head or the department head's designee prior to being worked. (See policy on overtime payment.) For payroll purposes, overtime will be rounded off to the nearest quarter (1/4th) of an hour. Section 6.02 Core Hours To ensure employee availability and accountability to the public the city serves, all full-time employees (exempt and non-exempt) are to be at work or available to the public and co-workers during the hours of 9:00 a.m. to 3:30 p.m., Monday through Friday, unless away from the work site for a work-related activity or on approved leave. This does not apply to shift workers. Section 6.03 Meal Breaks and Rest Periods A paid fifteen-minute break is allowed within each four consecutive hours of work. An unpaid thirty- minute lunch period is provided when an employee works eight or more consecutive hours. Employees are expected to use these breaks as intended and will not be permitted to adjust work start time, end time, by saving these breaks. Employees will normally take their break in the immediate vicinity of their job site or the location of work. Exceptions must be approved by the supervisor or city administrator. Departments with unique job or coverage requirements may have additional rules, issued by the supervisor and subject to approval of the city administrator, on the use of meal breaks and rest periods. Section 6.04 Adverse Weather Conditions City facilities will generally be open during adverse weather. When it is necessary to close operations, employees will be paid for the hours closed as approved at the discretion of the City Administrator. Department heads will contact their employees with the closing information as soon as it is known. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees will be allowed to use accrued vacation time, Earned Sick and Safe Leave or compensatory time with supervisor approval, may modify the work schedule or make other reasonable schedule adjustments. Sworn police officers and public works maintenance employees will generally be required to report to work regardless of conditions. 122 21 221698v1 Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the respective supervisor or the city administrator. Article 7.COMPENSATION The regular payday for all City employees is on alternating Fridays. The payroll is calculated for the two-week period ending the Sunday prior to the Friday payday. When a payday falls on an official holiday, employees will receive their pay on the preceding work day. Full-time employees of the city will be compensated according to schedules adopted annually by the City Council; or included in approved labor contracts. Compensation for seasonal and temporary employees will be set by the City Council at the time of hire, or on an annual basis. Unless approved by the Council, employees will not receive any amount from the city in addition to the pay authorized for the positions to which they have been appointed. Expense reimbursement or travel expenses may be authorized in addition to regular pay. Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. While the Minnesota Government Data Practices Act (Minn. Stat. §13.43), specifically lists an employee’s actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end, and in accordance with Minn. Stat. §181.172, employers may not: Require nondisclosure by an employee of his or her wages as a condition of employment. Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee’s wages. Take any adverse employment action against an employee for disclosing the employee’s own wages or discussing another employee’s wages which have been disclosed voluntarily. Retaliate against an employee for asserting rights or remedies under Minn. Stat. §181.172, subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee’s remedies under the Wage Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at (651) 284-5070 or (800) 342-5354. Section 7.01 Direct Deposit As provided for in Minnesota law, all employees are required to participate in direct deposit. Employees are responsible for notifying the Finance Department of any change in status, including changes in address, phone number, names of beneficiaries, marital status, etc. When possible, it is recommended that employees make these changes through the payroll portal. Section 7.02 Improper Deduction and Overpayment Policy If an employee believes that an improper deduction or overpayment, or another type of error, has been made, he/she should immediately contact his/her supervisor. If the city determines it has made an improper deduction from a paycheck, it will reimburse the employee for the improper amount deducted and take good faith measures to prevent improper deductions from being made in the future. 123 22 221698v1 In cases of improper overpayments, employees are required to promptly repay the City in the amount of the overpayment. The employee can write a personal check or authorize a reduction in pay to cover the repayment. Once the overpayment has been recovered in full, the employee’s year to date earnings and taxes will be adjusted (so that the year’s Form W-2 is correct) and the paying department will receive the corresponding credit. When an overpayment occurs, the repayment must be made within the same tax year. In the exceptional situation where the overpayment occurs in one tax year and is not discovered until the next year, the overpayment must be repaid in the year it is discovered, but there will be additional steps and paperwork required. Any overpayments not repaid in full within the calendar year of the overpayment are considered “prior year overpayments” and the employee must repay not only for the net amount of the overpayment, but also the federal and state taxes the city has paid on their behalf. The city is able to recover the overpaid Social Security and Medicare taxes. Accordingly, the city will not require the employee to repay those taxes provided the employee provides a written statement that he/she will not request a refund of the taxes. The overpayment amount will remain taxable in the year of the overpayment since the employee had access to the funds. The employee is not entitled to file an amended tax return for the year but may be entitled to a deduction or credit with respect to the repayment in the year of repayment. Employees should contact their tax advisors for additional information. Section 7.03 Time Reporting The City uses an electronic time reporting system. Non-exempt employees will be paid according to the time reported in the time-keeping system. Exempt employees will be paid according to their annual salaries, but should record actual time worked for budgeting purposes. To comply with the provisions of the federal and state Fair Labor Standards Acts, hours worked, and any leave time used by non-exempt employees are to be recorded daily and submitted to payroll on a bi-weekly basis. Each time reporting form must include the digital approval of the employee and immediate supervisor. Reporting false information on a time report may be cause for immediate termination. Section 7.04 Overtime / Compensatory Time The city of Orono has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. For payroll purposes, overtime will be rounded to the nearest one-quarter (1/4) of an hour. All employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. Section 7.05 Non-Exempt (Overtime-Eligible) Employees All overtime-eligible employees will be compensated at the rate of time-and-one-half for all hours worked over 40 in one workweek. Sworn law enforcement personnel engaged in law enforcement activities will be paid overtime for hours worked above 171 hours in a continuous 28 day pay period. Vacation, sick leave, and paid holidays do not count toward “hours worked.” Compensation will take the form of either time-and-one-half pay or compensatory time. Compensatory time is paid time off at the rate of one-and-one-half hours off for each hour of overtime worked. 124 23 221698v1 For most employees the workweek begins at 12:00 a.m. on Monday and runs until the following Sunday night at 11:59 p.m. Supervisors may establish a different workweek based on the needs of the department, subject to the approval of the city administrator. The employee’s supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. Overtime earned will be paid at the rate of time-and-one-half on the next regularly scheduled payroll date. However, the employee may indicate on their time report that the overtime earned is to be recorded as compensatory time in lieu of payment. Compensatory time can be used for approved paid time off. All compensatory time over the maximum carry over (see contracts) will be paid to the employee by the end of the year at the hourly pay rate the employee is earning at that time of payout. All compensatory time will be recorded as such on official time reports, both when it is earned and when it is used. Section 7.06 Exempt (Non-Overtime-Eligible) Employees Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountability, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra pay for the hours worked over 40 in one workweek. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full weekly salary for any week in which any work is performed. The City of Orono will only make deductions from the weekly salary of an exempt employee in the following situations: The employee is in a position that does not earn vacation or personal leave and is absent for a day or more for personal reasons other than sickness or accident. To offset compensation received for military pay. If an employee works part of the week in military service, the city still must pay the entire week salary to the employee, but the city could offset the amount of the military pay for the week against the employee’s salary. The employee is in a position that earns sick leave, receives a short-term disability benefit or workers’ compensation wage loss benefits, and is absent for a full day due to sickness or disability, but he/she is either not yet qualified to use the paid leave or he/she has exhausted all of his/her paid leave. The employee is absent for a full workweek and, for whatever reason, the absence is not charged to paid leave (for example, a situation where the employee has exhausted all of his/her paid leave or a situation where the employee does not earn paid leave). The very first workweek or the very last workweek of employment with the city in which the employee does not work a full week. In this case, the city will prorate the employee’s salary based on the time actually worked. The employee is in a position that earns paid leave and is absent for a partial day due to personal reasons, illness, or injury, but: 125 24 221698v1 o Paid leave has not been requested or has been denied. o Paid leave is exhausted. o The employee has specifically requested unpaid leave. The employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all employees. The employee takes unpaid leave under the FMLA. The city may, for budgetary reasons, implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the weekly salary of an exempt employee. In this case, the employee will be treated as non-exempt for any workweek in which the budget-related deductions are made. The city of Orono will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness but will require the employee to pay back to the city any amounts received by the employee as jury fees or witness fees. If the city inadvertently makes an improper deduction to the weekly salary of an exempt employee, the city will reimburse the employee and make appropriate changes to comply in the future. If an employee thinks that a wage deduction was made in error, please contact the resource management technician promptly. Section 7.07 Leave Policy for Exempt Employees Exempt employees are required to work the number of hours necessary to fulfill their responsibilities including evening meetings and/or on-call hours. The normal hours of business for exempt staff are Monday through Friday, 8:00 a.m. to 4:30 p.m., plus evening meetings as necessary. Exempt employees are required to use paid leave when on personal business or away from the office for two hours or more, on a given day. Absences of less than two hours do not require use of paid leave if that the staff member regularly puts in work hours above and beyond the normal 8:00 a.m. to 4:30 p.m. Monday through Friday requirement. Exempt employees must communicate their absence to their supervisor. If one of the above employees is regularly absent from work under this policy and it is found there is excessive time away from work that is not justified, the situation will be handled as a performance issue. If it appears that less than forty hours per week is needed to fulfill the position’s responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the city. Additional notification and approval requirements may be adopted by the city administrator for specific situations as determined necessary. 126 25 221698v1 Article 8.PERFORMANCE REVIEWS (See Appendix A for full policy and forms) An objective performance review system will be established by the city administrator or designee for the purpose of periodically evaluating the performance of city employees. The quality of an employee’s past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. Performance reviews will be discussed with the employee. While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable using the city’s grievance process, other performance evaluation data, including subjective assessments, are not. For those parts of the performance evaluation system deemed not challengeable, an employee may submit a written response, which will be attached to the performance review. Performance reviews are to be scheduled on a regular basis, at least annually. The form, with all required signatures, will be retained as part of the employee’s personnel file. During the training period, informal performance meetings should occur frequently between the supervisor and the employee. Conducting these informal performance meetings provides both the supervisor and the employee the opportunity to discuss what is expected, what is going well and not so well. Signing of the performance review document by the employee acknowledges the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. 127 26 221698v1 Article 9.BENEFITS Section 9.01 Health, Dental, Life Insurance The city will contribute a monthly amount for each eligible employee into a section 125 cafeteria plan. At the time of hire, and during the annual open-enrollment period, employees have the option to select from the following benefits. Pretax: Health Insurance Dental Insurance Vision Insurance HSA Contribution Medical FSA Limited Medical FSA Dependent Care FSA 529 Plan After Tax: Supplemental Life Short-Term Disability Long-Term Disability In accordance with federal health care reform laws and regulations, while avoiding penalties, the city will offer health insurance benefits to eligible employees and their dependents that work on average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more per month. The amount to be contributed and the type of coverage will be determined annually by the City Council. For information about coverage and eligibility requirements, employees should refer to the summary plan description or contact the Finance Department. Section 9.02 Retirement/PERA The city participates in the Public Employees Retirement Association (PERA) to provide pension benefits for its eligible employees to help plan for a successful and secure retirement. Participation in PERA is mandatory for most employees, and contributions into PERA begin immediately. The city and the employee contribute to PERA each pay period as determined by state law. Members of PERA are also eligible to participate in a PERA life, a voluntary decreasing term life insurance plan. For information about PERA eligibility, contribution requirements, and PERA life, contact the Finance Department or PERA directly (mnpera.org). Section 9.03 Retirement/Deferred Compensation Benefit earning employees are also eligible to participate in the City’s Deferred Compensation Plan (457 Plans). The City currently offers plans form the Minnesota State Retirement System, Nationwide and Mission Square Retirement (formerly ICMA). Information on these plans can be found in the appendix. Section 9.04 Retirement/OBRA 128 27 221698v1 Temporary and Seasonal employees participate in OBRA 457 plan administered by Nationwide. Employees participating in an OBRA plan contribute 7.5% of their wage to the 457 plan and do not contribute to Social Security. The employees covered in this section still contribute to Medicare. Section 9.05 Tuition Reimbursement (see Appendix B for detailed policy and forms) To be considered for tuition reimbursement, the full-time employee must be in good standing and have been employed by the city for at least one year. Employees must submit the tuition reimbursement form to the City Administrator for consideration. Courses taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement: Courses must be directly related to the employee’s present position (whether required for a degree program or not) OR Educational goals must be aimed at completion of a certificate, undergraduate or graduate program. Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position (whether part of a degree program or not). The city will pay the cost of tuition upon successful completion (C grade or better; “pass” in a pass/fail course) of the approved course. Reimbursements will be prorated for part-time employees. Employees must reimburse the city if they voluntarily leave employment within twelve months of receiving tuition reimbursement from the city. Tuition reimbursement for an individual employee is subject to funding availability. Section 9.06 Worker’s Compensation In accordance with the laws of the State of Minnesota, the City provides coverage for medical expenses in the event of work-related injury or disease, plus partial salary continuation in the event of disability, and additional benefits if the injury or disease causes partial or permanent disability or death. Employees on a workers’ compensation related leave have the option use sick leave to up to the difference of the Workers’ Compensation salary continuation and the employees regular pay amount. In no case shall an employee’s workers’ compensation and sick leave use exceed their normal pay check. Employees are automatically covered under the workers' compensation plan as soon as employment begins. To be eligible for workers' compensation, the injury or disease must arise out of and occur during the course of employment. The City pays the entire cost of this protection. Benefits paid depend entirely on the benefit schedule set up by the State of Minnesota and applicable at the time the work-related injury or disease is incurred. If an employee has a work-related injury or disease and is under a doctor's care, that employee cannot change doctors for treatment of this work-related injury or disease without first contacting the City’s workers' compensation company and obtaining approval to make this change. 129 28 221698v1 Article 10. HOLIDAYS The city observes the following official holidays for all regular full-time and part-time employees: New Year’s Day Labor Day Martin Luther King, Jr. Day Veterans Day Presidents Day Thanksgiving Day Memorial Day Friday after Thanksgiving Juneteenth Christmas Eve Independence Day Christmas Day One Designated Floating Holiday, to be set by the City Administrator Official holidays commence at the beginning of the first shift of the day on which the holiday is observed and continue for twenty-four hours thereafter. When a holiday falls on a Sunday, the following Monday will be the “observed” holiday and when a holiday falls on a Saturday, the preceding Friday will be the “observed” holiday for city operations/facilities that are closed on holidays. Full-time employees will receive pay for official holidays at their normal straight time rates, provided they are on paid status on the last scheduled day prior to the holiday and first scheduled day immediately after the holiday. Part-time employees will receive prorated holiday pay based on the number of hours normally scheduled. Any employee on a leave of absence without pay from the city is not eligible for holiday pay. Nonexempt employees who are required to be on duty on any holiday, or who agree to be on duty on any holiday will be compensated at one and one-half (1-1/2) times their regular rate of pay for all hours worked will be for hours worked on the “actual” holiday as opposed to the “observed” holiday. 130 29 221698v1 Article 11. LEAVES OF ABSENCE Depending upon an employee’s situation, more than one form of leave may apply during the same period of time (e.g., the Family and Medical Leave Act is likely to apply during a workers’ compensation absence). An employee will need to meet the requirements of each form of leave separately. Leave requests will be evaluated on a case-by-case basis. Except as otherwise stated, all paid time off, taken under any of the city’s leave programs, must be taken consecutively, with no intervening unpaid leave. The city will provide employees with time away from work as required by state or federal statutes, if there are requirements for such time off that are not described in the personnel policies. Section 11.01 Sick & Safe Leave Sick & Safe Leave is authorized absence from work with pay, granted to qualified employees. Employees are to use this paid leave only when they are unable to work for medical reasons and under the conditions explained below. Sick & Safe Leave does not accrue during an unpaid leave of absence. •Full-time employees will accrue Sick & Safe Leave by pay period at a rate of ninety-six (96) hours per calendar year (3.69 Hours/pay period). •Part-time employees regularly scheduled to work at least 20 hours per week will accrue Sick & Safe Leave on a pro-rated basis of the full-time employee schedule. •Part-time employees regularly scheduled to work fewer than 20 hours will earn Sick and Safe Leave at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. The maximum total amount of accrued Sick & Safe Leave cannot exceed 80 hours. The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns from employment with the city. To qualify for Sick & Safe Leave an employee must work at least 80 hours in a 12-month period for the city. •Temporary and seasonal employees will earn Sick and Safe Leave at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. The maximum total amount of accrued Sick & Safe Leave cannot exceed 80 hours. The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns from employment with the city. To qualify for Sick & Safe Leave an employee must work at least 80 hours in a 12-month period for the city. •Paid on call firefighters will earn Sick and Safe Leave at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. The maximum total amount of accrued Sick & Safe Leave cannot exceed 80 hours. The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns from employment with the city. To qualify for Sick & Safe Leave an employee must work at least 80 hours in a 12-month period for the city. •Sick & Safe Leave may be used only for days when the employee would otherwise have been at work. •Full Time & Part-Time employees will not be allowed to have more than 960 hours (120 working days) of Sick & Safe Leave on January 1st of each year. Once an employee accrues 960 hours, they will not accrue additional time unless the number of hours drops below 960. Accrued Sick & Safe Leave with pay has no value upon termination or retirement except as provided in the "Severance 131 30 221698v1 Pay at Retirement / Termination of Employment in Good Standing / Sick & Safe Leave Handling at Termination" section of this handbook. •Temporary & Seasonal employees that finish their employment and return within 180 days will have their unused Sick & Safe Leave carried over. The Sick & Safe Leave amount cannot be more than 80 hours. Sick & Safe Leave may be used as follows: •When an employee is unable to perform work duties due to illness or disability •For medical, dental or other care provider appointments. •When an employee has been exposed to a contagious disease of such a nature that his/her presence at the workplace could endanger the health of others. •To care for the employee’s injured or ill family member (including children (step and foster children), adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee’s attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee’s own illness. •To take children, or other family member to a medical, dental or other care provider appointment. •Safety leave as defined in Minn. Stat. §181.9413 An employee’s own: o Mental or physical illness, injury or other health condition o Need for medical diagnosis, care or treatment, of a mental or physical illness o injury or health condition o Need for preventative care o Closure of the employee's place of business due to weather or other public emergency o The employee's inability to work or telework because the employee is prohibited from working by the city due to health concerns related to the potential transmission of a communicable illness related to a public emergency, or seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and the employee has been exposed to a communicable disease or the city has requested a test or diagnosis. o Absence due to domestic abuse, sexual assault, or stalking of the employee provided the absence is to: Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking Obtain services from a victim services organization Obtain psychological or other counseling Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking Care of a family member o With mental or physical illness, injury or other health condition Who needs medical diagnosis, care or treatment of a mental or physical illness, injury or other health condition Who needs preventative medical or health care Whose school or place of care has been closed due to weather or other public emergency When it has been determined by health authority or a health care professional that the presence of the family member of the employee in the community would jeopardize the health of 132 31 221698v1 others because of the exposure of the family member of the employee to a communicable disease, whether or not the family member has actually contracted the communicable disease o Absence due to domestic abuse, sexual assault or stalking of the employee’s family member provided the absence is to: Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking Obtain services from a victim services organization Obtain psychological or other counseling Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking • Pursuant to Minn. Stat. §181.9413, eligible employees may use up to 160 hours of sick leave in any 12-month period for absences due to an illness of or injury to the employee’s adult child, spouse, sibling, parent, grandparent, stepparent, parent-in-law (mother-in-law and father-in-law), and grandchild (includes step-grandchild, biological, adopted, or foster grandchild). After accrued sick leave has been exhausted, vacation leave may be used upon approval of the city administrator, to the extent the employee is entitled to such leave. To be eligible for Sick & Safe Leave pay: If the need for sick and safe leave is foreseeable, the city requires seven days’ advance notice. However, if the need is unforeseeable, employees must provide notice of the need for Earned Sick and Safe time as soon as practicable. When an employee uses Earned Sick and Safe time for more than three consecutive days, the city may require appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support safety leave). However, if the employee or employee's family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, Earned Sick and Safe Leave for a qualifying purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the employee’s family member’s medical condition. In accordance with state law, the city will not require an employee using Earned Sick and Safe leave to find a replacement worker to cover the hours the employee will be absent. 181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES. (a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the 133 32 221698v1 employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets •Communicate with his/her immediate supervisor, as soon as possible after the scheduled start of the workday, for each and every day absent; •Keep his/her immediate supervisor informed of the status of the illness/injury or the condition of the ill family member; •Submit a physician’s statement upon request. After an absence, a physician’s statement may be required on the employee’s first day back to work, indicating the nature of the illness or medical condition and attesting to the employee’s ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return-to-work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Sick leave may be denied for any employee required to provide a doctor’s statement until such a statement is provided. The city has the right to obtain a second medical opinion to determine the validity of a sick leave claim, or to obtain information related to restrictions or an employee’s ability to work. The city will arrange and pay for an appropriate medical evaluation when it is required by the city. Any employee who makes a false claim for sick leave will be subject to discipline up to and including termination. Employees must normally use sick leave prior to using paid vacation, or compensatory time and prior to an unpaid leave of absence during a medical leave. With the approval of the City Administrator, city employees having accrued sick leave are allowed to donate a portion of the accrued sick leave to fellow employees experiencing a major medical condition. A major condition is considered to be a severe illness, major surgery, other physical ailment or other instances that qualify under the sick leave policy that causes, or is expected to cause an absence from work for 15 working days or more in any 12-month period. Conditions The donation of sick leave from one employee to another is subject to the following: 1. An employee must make a request to the department director or human resources to receive donated sick leave; 2. An employee is only eligible to receive donated sick leave for time lost from work due to a major medical condition as described above; 3. An employee will only be eligible to receive donated sick leave after all accrued sick leave, compensatory time and vacation have been used; 134 33 221698v1 4. No employee will be allowed to receive more than 20 days of donated sick leave for any single major medical condition without the additional approval of the City Administrator; 5. An employee may donate no more than 16 hours per calendar year to a single fellow employee. This will not prohibit donating up to 16 hours each per year to additional employees; 6. Donation of sick leave will not be allowed once an employee is judged to be disabled by the major medical condition and will not be returning to work. 7. Donation of sick leave by city employees will be completely voluntary. No city employee may pressure or otherwise attempt to influence a city employee to donate sick leave. 8. An application to donate sick leave must be made to the city administrator’s office on forms designated for that purpose. 9. The City Administrator shall have the right to deny use of donated sick leave or limit its use when determined as necessary and in the best interest of the City of Orono. Section 11.02 Vacation Leave The city believes that vacation is important to the health and well-being of our employees and as such, provides paid vacation for eligible employees for rest and recuperation. Vacation hours are earned based on calendar months of service and placement within the table at time of hire. Accrue rates are indicated below: a. Eligibility Full-time employees will earn vacation leave in accordance with the above schedule. Part-time employees who work at least 20 hours per week on a regular basis will accrue vacation leave on a prorated basis of the full-time employee schedule. Part-time employees who work less than 20 hours per week on a regular basis, temporary and seasonal employees will not earn or accrue vacation leave. 0 through 5 years of continuous service;80 Hours 3.08/pay period 6 through 10 years of continuous service or 5 years after placement at the previous accrual rate; 120 Hours 4.62/pay period 11 through 15 years of continuous service or 5 years after placement at the previous accrual rate; 144 Hours 5.54/pay period 16 through 18 years of continuous service;160 Hours 6.15/pay period 18 through 20 years of continuous service;176 Hours 6.77/pay period Over 20 years of continuous service;192 Hours 7.38/pay period 135 34 221698v1 b. Accrual Rate For the purpose of determining an employee’s vacation accrual rate, years of service will include all continuous time that the employee has worked at the city (including authorized unpaid leave). Employees who are rehired after terminating city employment will not receive credit for their prior service unless specifically negotiated at the time of hire. c. Earnings and Use Vacation leave may be used as it is earned, subject to approval by the employee’s supervisor. Unless approved by the City Administrator, vacation leave will not be earned during an unpaid leave of absence. An employee will not earn any vacation leave for any pay period unless he/she is employed by the city on the last scheduled workday of the pay period. Further, vacation leave will stop accruing as of the effective date of termination. Requests for vacation must be received at least forty-eight hours in advance of the requested time off. This notice may be waived at the discretion of the supervisor and city administrator. Vacation can be requested in increments as small as one hour up to the total amount of the accrued leave balance. Vacation leave is to be used only by the employee who accumulated it. It cannot be transferred to another employee. Employees will not be allowed to accrue more than 240 hours of vacation leave. Once an employee accrues 240 hours, they will not accrue additional time unless the number of hours drops below 240. No vacation will be allowed to accrue in excess of this amount without the approval of the City Council. Vacation leave cannot be converted into cash payments except at termination. Section 11.03 Funeral Leave Employees will be permitted to use up to three (3) consecutive working days, with pay, as funeral leave upon the death of an immediate family member (Immediate family member includes parent, spouse, child, father or mother in-law or sibling of the employee).This paid leave will not be deducted from the employee’s vacation or sick leave balance. The actual amount of time off, and funeral leave approved, will be determined by the supervisor or city administrator depending on individual circumstances (such as the closeness of the relative, arrangements to be made, distance to the funeral, etc.). Section 11.04A Military Leave State and federal laws provide protections and benefits to city employees who are called to military service, whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 workdays in any calendar year. City compensation is in addition to the military’s pay for these 15 days, as per MN Attorney General’s Opinion. The leave of absence is only in the event the employee returns to employment with the city as required upon being relieved from service or is prevented from returning by physical or mental disability or other cause not the fault of the employee or is required by the proper authority to continue in military or naval service beyond the fifteen-day paid leave of absence. Employees on 136 35 221698v1 extended unpaid military leave will receive fifteen days paid leave of absence in each calendar year, not to exceed five years. Where possible, notice is to be provided to the city at least ten working days in advance of the requested leave. A training notice, signed orders, or battle assembly schedule are examples of typical written notification to share with the city. If an employee has not yet used his/her fifteen days of paid leave when called to active duty, any unused paid time will be allowed for the active-duty time, prior to the unpaid leave of absence. Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals. Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen days will follow the same procedures as for any employee on an unpaid leave of absence. For reference see Minn. Stat. 192.261; AG Opinion 310h-1(a) Section 11.04B Military Leave for Family Members The city will not discharge from employment or take adverse employment action against an employee because an immediate family member is in the military forces of the United States or Minnesota. Nor will the city discharge from employment or take adverse employment action against an employee because they attend departure or homecoming ceremonies for deploying or returning personnel, family training or readiness events or events held as part of official military reintegration programs. Employees may substitute paid leave if they choose to do so. Unless the leave would unduly disrupt the operations of the city, employees whose immediate family member, as a member of the United States armed forces has been ordered into active service in support of a war or other national emergency, will be granted an unpaid leave of absence, not to exceed one day’s duration in any calendar year, to attend a send-off or homecoming ceremony for the mobilized service member. For reference, see Minn. Stat. § 181.948. Section 11.04C Military Leave for Family Member Injured or Killed in Active Service Employees will be granted up to ten working days of unpaid leave whose immediate family member (defined as a person’s parent, child, grandparents, siblings or spouse) is a member of the United States armed forces who has been injured or killed while engaged in active service. The 10 days may be reduced if an employee elects to use appropriate accrued paid leave. For reference, see Minn. Stat. § 181.947 & Minn. Stat. § 181.948 Section 11.04D Civil Air Patrol The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil Air Patrol upon request and authority of the State or any of its political subdivisions, unless the absence would unduly disrupt the operations of the city. Employees may choose to use vacation or PTO leave while on Civil Air Patrol Leave but are not required to do so. For reference, see Minn. Stat. § 181.946. Section 11.05 Jury Duty 137 36 221698v1 Regular full-time and part-time employees will be granted paid leaves of absence for required jury duty. Such employees will be required to turn over any compensation they receive for jury duty, minus mileage reimbursement, to the city in order to receive their regular wages for the period. Time spent on jury duty will not be counted as time worked in computing overtime. Employees excused or released from jury duty during their regular working hours will report to their regular work duties as soon as reasonably possible or will take accrued vacation or compensatory time to make up the difference. Employees are required to notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay form is completed by the clerk of court so the city will be able to determine the amount of compensation due for the period involved. Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty but can take a leave without pay subject to department head approval. However, if a temporary or seasonal employee is classified as exempt, he/she will receive compensation for the jury duty time. For reference, see Minn. Stat. § 593.50. Section 11.06 Court Appearances Employees will be paid their regular wage to testify in court for city-related business. Any compensation received for court appearances (e.g., subpoena fees) arising out of or in connection with city employment, minus mileage reimbursement, must be turned over to the city. Section 11.07 Victim or Witness Leave An employer must allow a victim or witness, who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony to attend criminal proceedings related to the victim’s case. Additionally, a victim of a violent crime, as well as the victim’s spouse or immediate family member (immediate family member includes parent, spouse, child or sibling of the employee) may have reasonable time off from work to attend criminal proceedings related to the victim’s case. An employee must give 48 hours advance notice to the city of their need to be absent unless it is impracticable, or an emergency prevents them from doing so. The city may request verification that supports the employee’s reason for being absent from the workplace. [See also: Safety Leave Sick & Safe Leave under the Sick & Safe Leave Policy for additional information on leave benefits available to employees and certain family members]. For reference, see Minn. Stat. § 611A.036 Section 11.08 Job Related Injury or Illness All employees are required to report any job-related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee is to go to the nearest available medical facility for treatment and, as soon as possible, notify his/her supervisor of the action taken. In the case of a serious emergency, 911 should be called. If the injury is not of an emergency nature, but requires medical attention, the employee will report it to the supervisor and make arrangements for a medical appointment. 138 37 221698v1 Workers’ compensation benefits and procedures to return to work will be applied according to applicable state and federal laws. Section 11.09 Pregnancy and Parenting Leave Employees who work twenty hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in conjunction with after the birth or adoption of a child as eligible for up to 12 weeks of unpaid leave and must begin within twelve months of the birth or adoption of the child. In the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital. Employee should provide reasonable notice, which is at least 30 days. If the leave must be taken in less than 30 days, the employee should give as much notice as practicable. All employees are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in conjunction with after the birth or adoption of a child as eligible for up to 12 weeks of unpaid leave and must begin within twelve months of the birth or adoption of the child. In the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital. Employee should provide reasonable notice, which is at least 30 days. If the leave must be taken in less than three days, the employee should give as much notice as practicable. Employees are required to use accrued leave (i.e., sick leave, vacation leave, etc.) during Parenting Leave If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward insurance benefits will continue during the FMLA leave absence. For reference, see Minn. Stat. § 181.940 & Minn. Stat. § 181.941. Section 11.10 Administrative Leave Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the circumstances, as determined by the city administrator with consent of the City Council. Section 11.11 Adoptive Parents Adoptive parents will be given the same opportunities for leave as biological parents (see provisions for Parenting Leave). The leave must be for the purpose of arranging the child’s placement or caring for the child after placement. Such leave must begin before or at the time of the child’s placement in the adoptive home. Section 11.12 School Conference Leave Any employee who has worked half-time or more for more may take unpaid leave for up to a total of sixteen hours during any 12-month period to attend school conferences or classroom activities related to the employee’s child (under 18 or under 20 and still attending secondary school), provided the 139 38 221698v1 conference or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the city. Employees may choose to use vacation leave hours for this absence but are not required to do so. Any employee may take unpaid leave for up to a total of sixteen hours during any 12-month period to attend school conferences or classroom activities related to the employee’s child (under 18 or under 20 and still attending secondary school), provided the conference or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the city. Employees may choose to use vacation leave hours for this absence but are not required to do so Minnesota Stat. § 181.940 & Minn. Stat. § 181.9412 Section 11.13 Bone Marrow/Organ Donation Leave Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours, unless agreed to by the city, to undergo medical procedures to donate bone marrow or an organ. The 40 hours is over and above the amount of accrued time the employee has earned The city may require a physician’s verification of the purpose and length of the leave requested to donate bone marrow or an organ. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting bone marrow or organ donation leave rights or remedies. Minnesota Stat. §181.945 & Minn. Stat. § 181.9456 requirement for cities with more than 20 employees. Section 11.14A Elections / Voting An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off with pay for purposes of serving as an election judge, provided the employee gives the city at least twenty days written notice, including a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The city may reduce the wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from the place of employment. Thus, employees will be paid the difference between their pay as an election judge and their regular rate of pay for their normal workday. The city reserves the right to restrict the number of employees absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite. All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to vote on the election day. Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. 140 39 221698v1 Effective July 1, 2023, employees may be absent from work for the time necessary to vote to include voting during the period allowed for voting in person before election day. For reference, see Minnesota Stat. § 204C.04 & Minn. Stat. § 204B.195 For reference, see Office of Minnesota Secretary of State re: Time off for Employees to Serve as Election Judges. Section 11.14B Delegates to Party Conventions An employee may be absent from work to attend any meeting of the state central committee or executive committee of a major political party if the employee is a member of the committee. The employee may attend any convention of a major political party delegates, including meetings of official convention committees if the employee is a delegate or an alternate delegate to that convention. Per the statutory requirement, the employee must give at least ten days written notice of their planned absence to attend committee meetings or conventions. Time away from work for this purpose will be considered unpaid unless the employee chooses to use vacation leave during their absence. For reference, see Minn. Stat. § 202A.135. Section 11.15 Regular Leave without Pay The city administrator may authorize leave without pay for up to thirty days. Leave without pay for greater periods may be granted by the City Council. Typically, employee benefits will not be earned by an employee while on leave without pay. However, the city’s contribution toward health, dental and life insurance may be continued, if approved by the City Council, for leaves of up to ninety days when the leave is for medical reasons and FMLA has been exhausted. If an employee is on a regular leave without pay and is not working any hours, the employee will not accrue (or be paid for) holidays, sick leave, or vacation leave (annual leave). Employees who are working reduced hours while on this type of leave will receive holiday pay on a prorated basis and will accrue sick leave and vacation leave (annual leave) based on actual hours worked. Leave without pay hours will not count toward seniority and all accrued vacation leave and compensatory time must normally be used before an unpaid leave of absence will be approved. To qualify for leave without pay, an employee need not have used all sick leave earned unless the leave is for medical reasons. Leave without pay for purposes other than medical leave or work- related injuries will be at the convenience of the city. Employees returning from a leave without pay for a reason other than a qualified Parenting Leave or FMLA, will be guaranteed return to the original position only for absences of thirty calendar days or less. Employees receiving leave without pay in excess of thirty calendar days, for reasons other than qualified Parenting Leave or FMLA, are not guaranteed return to their original position. If their 141 40 221698v1 original position or a position of similar or lesser status is available, it may be offered at the discretion of the city administrator subject to approval of the City Council. Section 11.16 Family and Medical Leave The FMLA applies to all public agencies, including state, local and federal employers, and local education agencies (schools). To be eligible for FMLA leave, an employee must work for a covered employer and: • have worked for that employer for at least 12 months; and • have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and Family and Medical leave ("FMLA leave") provides up to twelve (12) weeks of unpaid leave to an eligible employee for certain family and medical reasons. Maximum Leave: An employee may take a maximum of twelve (12) work weeks of FMLA leave in any rolling twelve (12) month period. Entitlement to Leave: FMLA leave may be granted for any of the following reasons: a. To care for the employee's child after birth, or placement for adoption or foster care; b. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or c. For a serious health condition that makes the employee unable to perform the employee’s job. d. A covered military member’s active duty or call to duty or to care for a covered military member (Military Caregiver and Qualified Exigency Leave). Notice: The employee must give the City at least thirty (30) days advance notice that they will be taking FMLA leave. A "Request for Family/Medical Leave" form, copy attached, must be completed by the employee and returned to the immediate supervisor. In unexpected or unforeseeable situations, the employee should give as much notice as is practicable, usually verbal notice within one or two business days of when the need for leave becomes known, followed by a completed "Request for Family/Medical Leave" form. Serious Health Condition: A serious health condition is an illness or injury that is defined in the FMLA. For leaves taken because of the employee's or a covered family member's serious health condition, the City requires that either a "Certification of Health Care Provider for Employee’s Serious Health Condition" or "Certification of Health Care Provider for Family Member’s Serious Health Condition" form be completed within fifteen (15) days, which are available from the Finance Department. In addition, the City may require periodic reports on the employee's status and intent to return to work, and a fitness-for-duty report to return to work. Leave may be taken intermittently or on a reduced schedule when it is medically necessary. If an employee requests intermittent leave or leave on a reduced schedule that is foreseeable due to 142 41 221698v1 medical treatment, the employee may be temporarily transferred to another position if the position has equivalent pay and benefits and better accommodates the recurring periods of leave. Fit for duty: The City may require a medical certificate attesting to the employee’s fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of his/her regular job. The City Administrator may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the Americans with Disabilities Act (ADA). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. FMLA is unpaid leave. Employees must to use any accrued sick leave during their FMLA leave. Use of accrued leave time does not extend the FMLA leave beyond the allowed 12 weeks. FMLA Section 11.17 Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees will be provided reasonable break times to express milk for her infant child during the twelve months following the birth of the child, unless it would cause undue business disruption. The paid break time times must, if possible, run concurrently with any break time times already provided. The city will provide a room (other than a bathroom) as close as possible to the employee’s work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. Nursing mothers and lactating employees will be provided reasonable paid break times (which may run concurrently with already provided break times) to express milk. The city will provide a clean, private and secure room (other than a bathroom) as close as possible to the employee’s work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting nursing rights or remedies. Section 11.18 Light Duty/Modified Duty Assignment This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the city administrator on a case-by-case basis. This policy does not guarantee assignment to light duty. Such assignments are for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the city administrator. The city administrator reserves the right to determine when and if light duty work will be assigned. When an employee is unable to perform the essential requirements of his/her job due to a temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician’s report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability. The notice must include the expected time frame regarding return to work with no restrictions, meeting all essential requirements and functions of the city’s job description along with a written request for light duty. Upon receipt of 143 42 221698v1 the written request, the supervisor is to forward a copy of the report to the city administrator. The city may require a medical exam conducted by a physician selected by the city to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the city administrator whether or not to assign light duty work to the employee. Although this policy is handled on a case-by-case basis. If the city offers a light duty assignment to an employee who is out on workers’ compensation leave, the employee may be subject to penalties if he/she refuses such work. The city will not, however, require an employee who is otherwise qualified for protection under the Family and Medical Leave Act to accept a light duty assignment. The circumstances of each disabled employee performing light duty work will be reviewed regularly. Any light duty/modified work assignment may be discontinued at any time. Section 11.19 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy The city will attempt to provide a female employee who requests reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth without advice of a licensed health care provider or certified doula: More frequent restroom, food, and water breaks; Seating; and/or Limits on lifting over 20 pounds. Additionally, an employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business. In accordance with state law, no employee is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation. Additionally, an employer must provide reasonable accommodations, including, but not limited to, temporary leaves of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods and limits to heavy lifting to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates the accommodation would impose an undue hardship on the operation of the employer's business. In accordance with state law, no employee is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting reasonable accommodations pregnancy rights or remedies. For reference Minn. Stat.§ 181.939, and Minn. Stat. § 181.9414 144 43 221698v1 Article 12. RESPECTFUL WORKPLACE POLICY The City of Orono is committed to creating and maintaining a public service workplace free of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act, and other related employment laws. In keeping with this commitment, the city maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. Discriminatory behavior includes inappropriate remarks about, or conduct related to a person’s legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance The city acknowledges this policy cannot possibly predict all situations that might arise, and also recognizes that some employees can be exposed to disrespectful behavior, and even violence, by the very nature of their jobs. Section 12.01 Applicability Maintaining a respectful public service work environment is a shared responsibility. This policy is intended to express to all employees, volunteers, members of boards and commissions, applicants, contractors/vendors, elected officials and members of the public the expectations by the city of Orono for respectful workplace conduct both in the workplace and other city-sponsored social events. Section 12.02 Abusive Customer Behavior While the city has a strong commitment to customer service, the city does not expect employees to accept verbal and other abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or the employee may defuse the situation themselves, including professionally ending the contact. If there is a concern about the possibility of violence, the individual should use his/her discretion to call 911, and as soon as feasible, a supervisor. Employees should leave the area immediately when violence is imminent unless their duties require them to remain (such as police officers). Employees must notify their supervisor about the incident as soon as possible. Section 12.03 Types of Disrespectful Behavior The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and of themselves: 1. Violent behavior includes the use of physical force, harassment, bullying or intimidation. 2. Discriminatory behavior includes inappropriate remarks about or conduct related to a person’s legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance. 145 44 221698v1 3. Offensive behavior may include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disparaging language, or any other behavior regarded as offensive to a reasonable person based upon violent or discriminatory behavior as listed above. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, considering the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the general public will be the same throughout the city, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the city administrator. 4. Sexual harassment To provide employees with a better understanding of what constitutes sexual harassment, the definition, based on Minnesota Statute § 363.01, subdivision 41, is provided: sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: •Submitting to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or •Submitting to or rejecting the conduct is used as the basis for an employment decision affecting an individual’s employment; or •Such conduct has the purpose or result of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. 5. Sexual harassment includes, but is not limited to, the following: •Unwelcome or unwanted sexual advances. This means stalking, patting, pinching, brushing up against, hugging, cornering, kissing, fondling or any other similar physical contact considered unacceptable by another individual. •Verbal or written abuse, kidding, or comments that are sexually oriented and considered unacceptable by another individual. This includes comments about an individual’s body or appearance where such comments go beyond mere courtesy, telling “dirty jokes” or any other tasteless, sexually oriented comments, innuendos or actions that offend others. The harassment policy applies to social media posts, tweets, etc., that are about or may be seen by employees, customers, etc. •Requests or demands for sexual favors. This includes subtle or obvious expectations, pressures, or requests for any type of sexual favor, along with an implied or specific promise of favorable treatment (or negative consequence) concerning one’s current or future job. Section 12.04 Employee Response to Disrespectful Workplace Behavior All employees should feel comfortable calling their supervisor or another manager to request assistance should they not feel comfortable with a situation. If situations involve violent behavior call the police, ask the individual to leave the area, and/or take other reasonable action If employees see or overhear what they believe is a violation of this policy, employees should advise a supervisor, the city administrator, or city attorney promptly. Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. If there is a concern about the possibility of violence, the individual 146 45 221698v1 should use his/her discretion to call 911, and as soon as feasible, a supervisor. In the event the disrespectful behavior occurring involves the employee’s supervisor, the employee should contact human resources, the supervisor’s manager or the city administrator. Step 1(a). If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. Step 1(b). If you fear adverse consequences could result from telling the offender or if the matter is not resolved by direct contact, go to your supervisor, human resources, your supervisor’s supervisor, or the city administrator. The person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter. In some situations, such as with an offender from the public it is preferable to avoid one on one interactions. Talk to your supervisor about available options to ensure there are others available to help with transactions with the offender. Step 1(c). The city urges that conduct which is viewed as offensive be reported immediately to allow corrective action to be taken through education and immediate counseling, if appropriate. It is vitally important you notify a supervisor, the city administrator, the mayor or councilmember of promptly of your concerns promptly. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor or the city administrator. Step 2. If, after what is considered to be a reasonable length of time (for example, 30 days), you believe inadequate action is being taken to resolve your complaint/concern, the next step is to report the incident to the city administrator, the mayor or the city attorney. Section 12.05 Supervisor’s Response to Allegations of Disrespectful Workplace Behavior Employees who have a complaint of disrespectful workplace behavior will be taken seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations promptly to the city administrator, who will determine whether an investigation is warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported: Step 1(a). If the nature of the allegations and the wishes of the victim warrant a simple intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring the conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful. Step 1(b). Supervisors, when talking with the reporting employee will be encouraged to ask him or her what he or she wants to see happen next. When an employee comes forward with a disrespectful workplace complaint, it is important to note the city cannot promise complete confidentiality, due to the need to investigate the issue properly. However, any investigation process will be handled as confidentially as practical and related information will only be shared on a need-to-know basis and in accordance with the Minnesota Government Data Practices Act and/or any other applicable laws. 147 46 221698v1 Step 2. If a formal investigation is warranted, the individual alleging a violation of this policy will be interviewed to discuss the nature of the allegations. Formal investigations will be prompt, impartial, and thorough. The person being interviewed may have someone of his/her own choosing present during the interview. Typically, the investigator will obtain the following description of the incident, including date, time and place: •Corroborating evidence. •A list of witnesses. •Identification of the offender. To facilitate fostering a respectful work environment, all employees are encouraged to respond to questions or to otherwise participate in investigations regarding alleged harassment. Step 3. The supervisor must notify the city administrator about the allegations (assuming the allegations do not involve the city administrator). For more information about what to do when allegations involve the city administrator, the mayor, or a councilmember, see “Special Reporting Requirements” below. Step 4. In most cases, as soon as practical after receiving the written or verbal complaint, the alleged policy violator will be informed of the allegations, and the alleged violator will have the opportunity to answer questions and respond to the allegations. The city will follow any other applicable policies or laws in the investigatory process. Step 5. After adequate investigation and consultation with the appropriate personnel, a decision will be made regarding whether or not disciplinary action will be taken. Step 6. The alleged violator and complainant will be advised of the findings and conclusions as soon as practicable and to the extent permitted by the Minnesota Government Data Practices Act. Step 7. The city will take reasonable and timely action, depending on the circumstances of the situation. The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b)by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights. Section 12.06 Special Reporting Requirements When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city administrator who will determine how to proceed in addressing the complaint as well as appropriate discipline. If the city administrator is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city attorney who will confer with the mayor and City Council regarding appropriate investigation and action. If a councilmember is perceived to be the cause of a disrespectful workplace behavior incident involving city personnel, the report will be made to the city administrator and referred to the city 148 47 221698v1 attorney. In cases such as these, it is common for the city council to authorize an investigation by an independent investigator (consultant). The independent investigator will report his/her findings to the City Council. The city will take reasonable and timely action, depending on the circumstances of the situation. Pending completion of the investigation, the city administrator may at his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens. If an elected or appointed city official (e.g., council member or commission member) is the victim of disrespectful workplace behavior, the city attorney will be consulted as to the appropriate course of action. In cases such as these, it is common for the city council to authorize an investigation by an independent investigator (consultant). The city will take reasonable and timely action, depending on the circumstances of the situation. Section 12.07 Confidentiality A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person’s name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees’ personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Section 12.08 Retaliation The city of Orono will not tolerate retaliation or intimidation directed towards anyone who reports employment discrimination, serves as a witness, participates in an investigation, and/or takes any other actions protected under federal or state discrimination laws, including when requesting religious or disability accommodation. Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation, reprisal or harassment. While each situation is very fact dependent, generally speaking, retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to others or the media and making false report to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination. If you feel retaliation is occurring within the workplace, please report your concern immediately to any of the following: 1. Immediate supervisor; 2. Your supervisor’s manager 3. City administrator; 4. Mayor or city councilmember 5. In the event an employee feels retaliation has occurred by the city administrator or the city council, then reporting may be made to the city attorney. 149 48 221698v1 Supervisors who have been approached by employees with claims of retaliation will take the complaint seriously and promptly report the allegations promptly to the city administrator, or if the complaint is against the city administrator to the city attorney, who will decide how to proceed in addressing the complaint. Consistent with the terms of applicable statutes and city personnel policies, the city may discipline any individual who retaliates against any person who reports alleged violations of this policy. The city may also discipline any individual who retaliates against any participant in an investigation, proceeding or hearing relating to the report of alleged violations. 150 49 221698v1 Article 13. POSSESSION AND USE OF DANGEROUS WEAPONS Possession or use of a dangerous weapon (see attached definitions) is prohibited on city property, in city vehicles, or in any personal vehicle, which is being used for city business. This includes employees with valid permits to carry firearms. The following exceptions to the dangerous weapons prohibition are as follows: •Employees legally in possession of a firearm for which the employee holds a valid permit, if required, and said firearm is secured within an attended personal vehicle or concealed from view within a locked unattended personal vehicle while that person is working on city property. •A person who is showing or transferring the weapon or firearm to a police officer as part of an investigation. •Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties. 151 50 221698v1 Article 14. SEPARATION FROM SERVICE Section 14.01 Resignations Employees wishing to leave the city service in good standing must provide a written resignation notice to their supervisor, at least fourteen calendar days before leaving. Exempt employees must give thirty calendar days’ notice. The written resignation must state the effective date of the employee’s resignation. Unauthorized absences from work for a period of three consecutive workdays may be considered as resignation without proper notice. Failure to comply with this procedure may be cause for denying the employee’s severance pay and any future employment with the city. Section 14.02 Severance Pay Employees who leave the employ of the city in good standing by retirement or resignation will receive 100 percent of unused accrued vacation (annual leave) as severance pay. Each employee with at least three (3) years, but less than twelve (12) years, of full-time service will receive, upon honorable termination of employment, one-third (1/3) of the employee's accumulated sick leave as severance pay. Each employee with twelve (12) years or more of service will receive, upon honorable termination of employment, one-half (1/2) of the employee’s accumulated sick leave as severance pay. Applicable taxes will be withheld from the payments. Pay will be computed at the compensation level effective at the time of retirement or resignation. Section 14.03 Post-Retirement Health Care Savings Plan Employees participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minn. Stat. § 352.98 and as outlined in the Minnesota State Retirement System’s Trust and Plan Documents unless exempted by statute. All funds collected by the employer on the behalf of the employee will be deposited into the employee’s post-employment health care savings plan account. Contributions shall be made as follows: Employee Payroll Contribution Employees with 0-5 completed years of service will contribute 0% of pay. Employees with 5+ years of service will contribute 1% of pay. Severance Contribution Employees with 0-5 completed years of service will contribute 0% of pay. Severance will be paid out to employees. Employees with 5+ years of service will contribute 100% of pay. Section 14.04 Continuation of Group Health and Dental Insurance This policy applies to all City employees who retire on or after January 1, 1993, and participated in the City’s group health and dental insurance program and met the requirements necessary to receive a disability benefit or an annuity from a Minnesota public pension plan other than a volunteer fire fighter plan. 152 51 221698v1 Minnesota law, Minn. Stat. Chapter 43A, provides that upon retirement, an eligible City employee and his or her covered dependents can participate in the group health/dental insurance program at the same premium rate as active employees until age 65. Coverage and level of benefits provided to retirees under age 65 and their dependents must be identical to that provided for active employees and their dependents. Retiree’s age 65 and over may stay in the group indefinitely, but premium rates do not have to be pooled with the active employee rates and retiree coverage does not have to be identical to active coverage. The retiree must pay the entire premium. Spouse and/or dependent coverage can be continued after retirement only if the employee carried dependent coverage prior to retirement. Employees are not required to continue spouse and/or dependent coverage after retirement. 153 52 221698v1 Article 15. DISCIPLINE Section 15.01 General Policy Supervisors are responsible for maintaining compliance with city standards of employee conduct. The objective of this policy is to establish a standard disciplinary process for employees of the city of Orono. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct and applicable city policies. Discipline will be administered in a non-discriminatory manner. An employee who believes that discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the grievance procedures established in the city’s personnel policies. The supervisor and/or the city administrator will investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. Section 15.02 No Contract Language Established This policy is not to be construed as contractual terms and is intended to serve only as a guide for employment discipline. Section 15.03 Process The city may elect to use progressive discipline, a system of escalating responses intended to correct the negative behavior rather than to punish the employee. There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Nothing in these personnel policies implies that any city employee has a contractual right or guarantee (also known as a property right) to the job he/she performs. Documentation of disciplinary action taken will be placed in the employee’s personnel file with a copy provided to the employee. The following are descriptions of the types of disciplinary actions: 1. Oral Reprimand This measure will be used where informal discussions with the employee’s supervisor have not resolved the matter. All supervisors have the ability to issue oral reprimands without prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. The supervisor will document the oral reprimand including date(s) and a summary of discussion and corrective action needed. 2. Written Reprimand A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected, or the behavior has not consistently improved in a reasonable period of time. Serious infractions may require skipping either the oral or written reprimand, or both. Written reprimands are issued by the supervisor with prior approval from the city administrator. 154 53 221698v1 A written reprimand will: (1) state what did happen; (2) state what should have happened; (3) identify the policy, directive or performance expectation that was not followed; (4) provide history, if any, on the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate consequences of recurrence. Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees’ signatures do not mean the employee agrees with the reprimand. Written reprimands will be placed in the employee’s personnel file. 3. Suspension With or Without Pay The city administrator may suspend an employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. Qualified veterans, who have completed their initial probationary period, will not be suspended without pay in conjunction with a termination. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. A copy of the letter of suspension will be placed in the employee’s personnel file. An employee may be suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that employee. The leave may be with or without pay depending on a number of factors including the nature of the allegations. If the allegation is proven false after the investigation, the relevant written documents will be removed from the employee’s personnel file and the employee will receive any compensation and benefits due had the suspension not taken place. 4. Demotion and/or Transfer An employee may be demoted or transferred if attempts at resolving an issue have failed and the city administrator determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which they are being demoted or transferred. The City Council must approve this action. 5. Salary An employee’s salary increase may be withheld, or the salary may be decreased due to performance deficiencies. 6. Dismissal The city administrator, with the approval of the City Council, may dismiss an employee for substandard work performance, serious misconduct, or behavior not in keeping with city standards. If the disciplinary action involves the removal of a qualified veteran, who has completed his/her initial probationary period, the appropriate hearing notice will be provided, and all rights will be afforded the veteran in accordance with Minnesota law. 155 54 221698v1 Article 16. GRIEVANCE PROCEDURE Any dispute between an employee and the city relative to the application, meaning or interpretation of these personnel policies will be settled in the following manner: Step 1:The employee must present the grievance in writing, stating the nature of the grievance, the date at which the incident allegedly occurred, the facts on which it is based, the provision or provisions of the personnel policies allegedly violated, and the remedy requested, to the proper supervisor within twenty-one days after the alleged violation or dispute has occurred. The supervisor will respond to the employee in writing within seven calendar days. Step 2:If the grievance has not been settled in accordance with Step 1, it must be presented in writing, stating the nature of the grievance, the date at which the incident allegedly occurred, the facts on which it is based, the provision or provisions of the Personnel Policies allegedly violated, and the remedy requested, by the employee to the city administrator within seven days after the supervisor’s response is due. The city administrator or his/her designee will respond to the employee in writing within seven calendar days. The decision of the city administrator is final for all disputes with exception of those specific components in a performance evaluation subject to a challenge through the Minnesota Department of Administration. Section 16.01 Waiver If a grievance is not presented within the time limits set forth above, it will be considered “waived.” If a grievance is not appealed to the next step in the specified time limit or any agreed extension thereof, it will be considered settled on the basis of the city’s last answer. If the city does not answer a grievance or an appeal within the specified time limits, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the city and the employee without prejudice to either party. The following actions cannot be grieved: •While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable, other performance evaluation data, including subjective assessments, are not. •Pay increases or lack thereof; and •Merit pay awards. The above list is not meant to be all inclusive or exhaustive. 156 55 221698v1 Article 17. EMPLOYEE EDUCATION & TRAINING The city promotes staff development as an essential, ongoing function needed to maintain and improve cost effective quality service to residents. The purposes for staff development are to ensure that employees develop and maintain the knowledge and skills necessary for effective job performance and to provide employees with an opportunity for job enrichment and mobility. Section 17.01 Policy The city will pay for the costs of an employee’s participation in training and attendance at professional conferences, provided that attendance is approved in advance under the following criteria and procedures: Section 17.02 Job-Related Training & Conferences The subject matter of the training session or conference is directly job-related and relevant to the performance of the employee’s work responsibilities. Responsibilities outlined in the job description, annual work program requirements and training goals and objectives that have been developed for the employee will be considered in determining if the request is job-related. The supervisor and the city administrator are responsible for determining job-relatedness and approving or disapproving training and conference attendance. Section 17.03 Job-Related Meetings Attendance at professional meetings directly related to the performance of the employee’s work responsibilities require the advance approval of the employee’s supervisor. Section 17.04 Request for Participation in Training & Conferences The request for participation in a training session or conference must be submitted in writing to the employee’s department head. All requests must include an estimate of the total cost (training session, travel, meals, etc.) and a statement of how the education or training is related to the performance of the employee’s work responsibilities with the city. Section 17.05 Out of State Travel Attendance at training or conferences out of state is approved only if the training or conference is not available locally. All requests for out of state travel are reviewed for approval/disapproval by the city administrator. Section 17.06 Compensation for Travel & Training Time Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act. Travel and other related training expenses will be reimbursed subject to the employee providing necessary receipts and appropriate documentation. Section 17.07 Memberships and Dues The purpose of memberships to various professional organizations must be directly related to the betterment of the services of the city. Normally, one city membership per agency, as determined by the city administrator is allowed, providing funds are available. 157 56 221698v1 Upon separation of employment, individual memberships remain with the city and are transferred to another employee by the supervisor. Section 17.08 Travel & Meal Allowance (see Appendix F for form) If employees are required to travel outside of the area in performance of their duties as a city employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. In no case will city funds be used to pay for, or reimburse, for events sponsored by or affiliated with political parties. The city will not reimburse employees for meals connected with training or meetings within city limits, unless the training or meeting is held as a breakfast, lunch or dinner meeting. The city will also not reimburse employees for the costs for travel of family members. The City will not provide reimbursement for alcoholic beverages. Employees who find it necessary to use their private automobiles for city travel and who do not receive a car allowance will be reimbursed at the prevailing mileage rate as established by the City Council, not to exceed the allowable IRS rate. Expenses for meals and lodging will be reimbursed at the current IRS per diem rate. 158 57 221698v1 Article 18. OUTSIDE EMPLOYMENT The potential for conflicts of interest is lessened when individuals employed by the city of Orono regard the city as their primary employment responsibility. All outside employment is to be reported to the employee’s immediate supervisor. If a potential conflict exists based on this policy or any other consideration, the supervisor will consult with the city administrator. Any city employee accepting employment in an outside position that is determined by the city administrator to be in conflict with the employee’s city job will be required to resign from the outside employment or may be subject to discipline up to and including termination. For the purpose of this policy, outside employment refers to any non-city employment or consulting work for which an employee receives compensation, except for compensation received in conjunction with military service or holding a political office or an appointment to a government board or commission that is compatible with city employment. The following is to be considered when determining if outside employment is acceptable: •Outside employment must not interfere with a full-time employee’s availability during the city’s regular hours of operation or with a part-time employee’s regular work schedule. •Outside employment must not interfere with the employee’s ability to fulfill the essential requirements of his/her position. •The employee must not use city equipment, resources or staff in the course of the outside employment. •The employee must not violate any city personnel policies as a result of outside employment. •The employee must not receive compensation from another individual or employer for services performed during hours for which he/she is also being compensated by the city. Work performed for others while on approved vacation or compensatory time is not a violation of policy unless that work creates the appearance of a conflict of interest. •No employee will work for another employer, or for his/her own business, while using paid sick leave from the city for those same hours. •Departments may establish more specific policies as appropriate, subject to the approval of the city administrator. City employees are not permitted to accept outside employment that creates either the appearance of or the potential for a conflict with the development, administration or implementation of policies, programs, services or any other operational aspect of the city. 159 58 221698v1 Article 19. DRUG FREE WORKPLACE The City of Orono has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs or alcohol jeopardize the safety and health of other workers as well as themselves. All employees are subject to this policy. City employees required to hold a commercial driver’s license by the U.S. Department of Transportation (“DOT”) must abide by this policy and the additional testing requirements set by the DOT. The city of Orono has adopted the following zero-tolerance policy on drugs in the workplace: 1. Employees are prohibited from being under the influence of drugs and must report to work on time and in an unimpaired mental and physical condition. 2. The term drug includes any “controlled substance” as defined in Minn. Stat. § 152.01, subd. 4, and also includes tetrahydrocannabinol (“THC”) products, including those that are lawfully available for public consumption. 3. Employees are prohibited from using, possessing, manufacturing, distributing, selling, purchasing, or dispensing of alcohol, drugs, or drug paraphernalia while on duty; on City premises; operating any City vehicle, machinery, or equipment; or performing any city business. 4. The city recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. 5. Any employee convicted of any criminal drug statute must notify his or her supervisor and the City Administrator in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a drug-related conviction, the City will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. 6. Employees taking a lawful drug, including prescription and over-the-counter drug, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee’s responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. 7. Violations of this policy will result in disciplinary action, up to and including termination, and may have additional legal consequences. Employees may be subject to drug testing and may be disciplined, suspended, or terminated after testing positive for drugs. Supervisors are authorized under this policy section 22.03 to send an employee home if the employee’s behavior creates a potential health or safety issue for the employee or others. 160 59 221698v1 Article 20. CITY DRIVING POLICY This policy applies to all employees who drive a vehicle on city business at least once per month, whether driving a city-owned vehicle or their own personal vehicle. It also applies to employees who drive less frequently but whose ability to drive is essential to their job due to the emergency nature of the job. The city expects all employees who are required to drive as part of their job to drive safely and legally while on city business and to maintain a good driving record. Section 20.01 Records Review. The city will examine driving records once per year for all employees who are covered by this policy to determine compliance with this policy. Employees who lose their driver’s license or receive restrictions on their license are required to notify their immediate supervisor on the first workday after any temporary, pending or permanent action is taken on their license and to keep their supervisor informed of any changes thereafter. The city will determine appropriate action on a case- by-case basis. Section 20.02 Cell Phone use while driving. Safety must come before all other concerns. Regardless of the circumstances and in accordance with Minnesota law, employees are required to use hands-free operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a call. Employees are encouraged to refrain from discussion of complicated or emotional matters and to keep their eyes on the road while driving at all times. Special care should be taken in situations where there is traffic or inclement weather, or the employee is driving in an unfamiliar area. •Hands-free equipment will be provided in select city vehicles to facilitate the provisions of this policy. •Reading/sending text messages, making or receiving phone calls, emailing, video calling, scrolling/typing, accessing a webpage, or using non-navigation applications while driving is strictly prohibited. •In accordance with State law, there is an exception to hands free cell phone operations to obtain emergency assistance to report a traffic accident, medical emergency or serious traffic hazard or prevent a crime from being committed. There is also a State law exception for authorized emergency vehicles while in the performance of official duties. Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions. 161 60 221698v1 Article 21. CITY TECHNOLOGY Section 21.01 Purpose The purpose of this policy is to set standards and procedures that protect the security and integrity of the City’s electronic communication and information systems from business interruption, misuse, and/or unauthorized or inappropriate use and access. The full policy can be found in appendix C. Section 21.02 General Information This policy serves to protect the security and integrity of the City’s electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. Computers, cell phones and mobile electronic devises issued by the City to staff, elected official or appointed officials’ property of the City. The City reserves the right to inspect, without notice, all data, emails, files, settings, or any other aspect of a City-owned computer or related system, including personal information created or maintained by an employee. The City may conduct inspections on an as-needed basis as determined by City Administrator or City Council. Beyond this policy, the city’s Information Technology Department may distribute information regarding precautions and actions needed to protect City systems; all employees are responsible for reading and following the guidance and directives in these communications. Section 21.03 Personal Use The City recognizes that some personal use of City-owned computers and related equipment has and will continue to occur. Some controls are necessary, however, to protect the City’s equipment and computer network and to prevent abuse of this privilege. Reasonable, incidental personal use of City computers and software (e.g., word processing, spreadsheets, email, Internet, etc.) is allowed but should never preempt or interfere with work. All use of City computers and software, including personal use, must adhere to provisions in this policy, including the following: •Employees shall not connect personal peripheral tools or equipment (such as printers, digital cameras, disks, USB drives, or flash cards) to City-owned systems, without prior approval from the Information Technology Department If permission to connect these tools/peripherals is granted, the employee must follow provided directions for protecting the City’s computer network. •Personal files should not be stored on City computer equipment. This also applies to personal media files, including but not limited to mp3 files, wav files, movie files, iTunes files, or any other file created by copying a music CD, DVD, or files from the Internet. Information Technology staff will delete these types of files if found on the network, computers, or other City-owned equipment. Exceptions would be recordings for which the City has created, owns, purchased, or has a license. •City equipment or technology shall not be used for personal business interests, for-profit ventures, political activities, or other uses deemed by the City Administrator to be inconsistent with City activities. If there is any question about whether a use is appropriate, it should be forwarded to Information Technology Staff for a determination. 162 61 221698v1 Section 21.04 IT Hardware In general, the City will provide the hardware required for an employee to perform his or her job duties. Requests for new or different equipment should be made to your supervisor, who will forward the request to Information Technology. The City will not supply laptop computers based solely on the desire of employees to work offsite. A laptop request form will be required for each laptop deployment, and must be signed off by the employee’s supervisor and department head. Laptops will only be issued to employees who: travel frequently and require the use of a full computer while traveling; regularly use their laptop offsite; require a laptop for access to special software or systems; and/or have a documented business need for a laptop. Only City staff may use City computer equipment. Use of City equipment by family members, friends, or others is strictly prohibited. Employees are responsible for the proper use and care of City-owned computer equipment. City computer equipment must be secured while off City premises; do not leave computer equipment in an unlocked vehicle or unattended at any offsite facility. Computer equipment should not be exposed to extreme temperature or humidity. If a computer is exposed to extreme heat, cold, or humidity, it should be allowed to achieve normal room temperature and humidity before being turned on. Section 21.05 IT Software In general, the City will provide the software required for an employee to perform his or her job duties. Requests for new or different software should be made to your supervisor, who will forward the request to Information Technology. Employees shall not download or install any software on their computer without the prior approval of the Information Technology Staff. Exceptions to this include updates to software approved by Information Technology such as Microsoft updates, or other productivity software updates. Information Technology Staff may, without notice, remove any unauthorized programs or software, equipment, downloads, or other resources. Section 21.06 Electronic Mail. The City provides employees with an email address for work-related use. Some personal use of the City email system by employees is allowed, provided it does not interfere with an employee’s work and is consistent with all City policies. Employee emails (including those that are personal in nature) may be considered public data for both e-discovery and information requests and may not be protected by privacy laws. Email may also be monitored as directed by the City authorized staff and without notice to the employee. Employees must adhere to these email guidelines: •Never transmit an email that you would not want your supervisor, other employees, members, city officials, or the media to read or publish (e.g., avoid gossip, personal information, swearing, etc.). •Use caution or avoid corresponding by email on confidential communications (e.g., letters of reprimand, correspondence with attorneys, medical information). 163 62 221698v1 •Do not open email attachments or links from an unknown sender. Delete junk or “spam” email without opening it if possible. Do not respond to unknown senders. •Do not use harassing language (including sexually harassing language) or any other remarks, including insensitive language or derogatory, offensive, or insulting comments or jokes. Section 21.07 Electronic Calendars. A shared calendar environment is provided as part of the City’s email software program. All employees are required to keep their electronic calendar up to date and, at a minimum, must grant all staff the ability to view their calendar. Section 21.08 Personal Devices. Employees may choose to use their own equipment to read or compose email or other City data as governed in this policy. Employees understand that by connecting their personal equipment to the City’s email server, their personal devices could be searched during an e-discovery or other court- ordered scenarios, and agree to grant access to their personal devices should such a situation arise. Section 21.09 Security. Passwords:Employees are responsible for maintaining computer/network passwords and must adhere to these guidelines: Password requirement will be established according to best industry practice and may be changed as necessary, as determined by the Information Technology Staff. Employees must change passwords when prompted. Passwords should not be shared or told to other staff. If it is necessary to access an employee’s computer when he or she is absent, contact your supervisor or the department head; Information Technology Staff will not provide access to staff accounts without approval of the Department Head. Passwords should not be stored in any location on or near the computer, or stored electronically such as in a cell phone or other mobile device. Network access:Non-City-owned computer equipment used in the City’s building should only use the wireless connection to the Internet. Under no circumstances should any non-City-owned equipment be connected to the City’s computer network via a network cable. Personal computer equipment may not be connected to the City’s network without prior approval of the Information Technology Staff. Personal equipment may be subject to password requirements or other electronic security measures as determined by the Information Technology Staff. Remote Access to the Network:Examples of remote access include, but are not limited to: Outlook Web Access (web mail), virtual private network (VPN), Windows Remote Desktop, and Windows Terminal Server connections. While connected to City computer resources remotely, all aspects of the City’s Computer Use Policy will apply, including the following: Remote access to the City’s network requires a request from a supervisor and approval from the Information Technology Staff.Remote access privileges may be revoked at any time by an employee’s Department Head. If remote access is from a non-City-owned computer, updated anti-virus software must be installed and operational on the computer equipment, and all critical operating system updates must be installed prior to connecting to the City network remotely. Failure to comply could result in the termination of remote access privileges. 164 63 221698v1 Recreational use of remote connections to the City’s network is strictly forbidden. An example of this would be a family member utilizing the City’s cellular connection to visit websites. Private or confidential data should not be transmitted over an unsecured wireless connection. Wireless connections are not secure and could pose a security risk if used to transmit City passwords or private data while connecting to City resources. Wireless connections include those over cellular networks and wireless access points, regardless of the technology used to connect. Section 21.10 Internet. The following considerations apply to all uses of the Internet: Information found on the Internet and used for City work must be verified to be accurate and factually correct. Reasonable personal use of the Internet is permitted. Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races, or religions. If you are unsure whether a site may include inappropriate information, you should not visit it. If an employee’s use of the Internet is compromising the integrity of the City’s network, Information Technology Staff may temporarily restrict that employee’s access to the Internet. If Information Technology Staff does restrict access, they will notify the employee, HR, and the employee’s manager as soon as possible, and work with the employee and manager to rectify the situation. The City may monitor or restrict any employee’s use of the Internet without prior notice, as deemed appropriate by the employee’s supervisor in consultation with the City Administrator. Section 21.11 Data Retention. Electronic data should be stored and retained in accordance with the City’s records retention schedule. Storing and Transferring Files:If you are unsure whether an email or other file is a government record for purposes of records retention laws or whether it is considered protected or private, check with your supervisor. If you are unsure how to create an appropriate file structure for saving and storing electronic information, contact the City Clerk. Employees must adhere to these guidelines when transferring and storing electronic files: All electronic files must be stored on identified network drives and folder locations. The City will not back up documents stored on local computer hard drives, and holds no responsibility for recovery of documents on local computer hard drives should they fail. Files may be temporarily stored on a laptop hard drive when an employee is traveling/offsite; however, the files should be copied to network as soon as possible. Electronic files, including emails and business-related materials created on an employee’s home or personal computer for City business, must be transferred to and stored in designated locations on the City’s network. City-related files should not be stored on an employee’s personal computer, unless otherwise defined in this policy. All removable storage media (e.g., CD-ROM, flash or USB drive, or other storage media) must be verified to be virus-free before being connected to City equipment. Email that constitutes an official record of City business must be kept in accordance with all records retention requirements for the department and should be copied to the network for storage. 165 64 221698v1 Email that is simple correspondence and not an official record of City business should be deleted (from both the “Inbox” and the “Deleted” box) as soon as possible and should not be retained by employees for more than three months. The City will not retain emails longer than one year on the network or in network back-ups. Electronic files or emails that may be classified as protected or private information should be stored in a location on the City’s network that is properly secured. Any files considered private or confidential should not be stored anywhere other than the City’s network. If there is a need to take confidential information offsite, it must be stored on encrypted media; Information Technology Staff can assist in the encryption of media. Section 21.12 Electronic Mobile devices (including Cell Phones) Electronic mobile devises are intended for the use of city staff, elected officials and appointed officials in the conduct of their work for the city. Supervisors are responsible for the Electronic mobile devises assigned to their employees and will exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that: •Its use in no way limits the conduct of work of the employee or other employees. •Use of public resources for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and subject to disciplinary action which may include termination and/or criminal prosecution, depending on the circumstances. Incidental and occasional personal use may be permitted with the consent of the supervisor. •Personal calls and communications will be made or received only when absolutely necessary during work hours. Such calls must not interfere with working operations and are to be completed as quickly as possible. •Use While Operating a Motor Vehicle or Equipment. All employees are expected to follow applicable local, state, and federal laws and regulations regarding the use of cellphones and electronic mobile devises at all times. See City Driving Policy, chapter 20. •In cases where the city does not regard accounting for personal calls to be unreasonable or administratively impractical due to the minimal cost involved, personal calls made by employees on a city-provided cellular phone must be paid for by the employee through reimbursement to the city based on actual cost listed on the city’s phone bill. Section 21.13 Cell Phone Monthly Allowance Election. Employees designated to receive a cell phone may elect to receive a monthly cell phone allowance in lieu of a City-owned cell phone. Initial purchase of the cell phone, accessory equipment, and activation fees will be the responsibility of the employee. The employee will pay all costs exceeding the amount of the cell phone allowance. The cell phone allowance amount is set by the city council. Employees receiving an allowance, in lieu of a City-owned cell phone are responsible for the following: •Procuring and maintaining cellular service from a reliable carrier who provides phone numbers in the local calling area of Orono. •Providing documentation in a manner prescribed by the Finance Director to activate and maintain monthly allowance payments. •Notifying the City within five (5) business days of the cellular service being disconnected or phone number being changed. •Limiting personal calls, incoming and outgoing, during work hours so as not to interfere with City business or the performance of the employee’s job. 166 65 221698v1 •Replacement or repair of the phone. No allowance will be paid when an employee is in a leave status exceeding forty-five (45) days, unless approved by the City. Administrator. No allowance will be paid when an employee is in an unpaid leave status. Regardless of who pays the bill, cell phone records about city business are subject to the Minnesota Government Data Practices Act. What this means is that if a request were received, the city would be under the obligation to determine what information is public data and what information is private data and would need access to the employee’s phone records and possibly the phone itself in order to provide the data that is being requested. Therefore, the best practice is to limit usage of personal cell phones for city business to that which is truly necessary or be prepared to produce your cell phone and the associated records if needed. Section 21.14 Procedures It is the objective of the city of Orono to prevent and correct any abuse or misuse of the city network, computers, mobile electronic devices and cellular telephones through the application of this policy. Employees who abuse or misuse may be subject to disciplinary action. Section 21.15 Responsibility The city administrator, or designee, will have primary responsibility for implementation and coordination of this policy. All supervisors will be responsible for enforcement within their departments. 167 66 221698v1 Article 22. SAFETY The health and safety of each employee of the city and the prevention of occupational injuries and illnesses are of primary importance to the city. To the greatest degree possible, management will maintain an environment free from unnecessary hazards and will establish safety policies and procedures for each department. Adherence to these policies is the responsibility of each employee. Overall administration of this policy is the responsibility of each supervisor. Section 22.01 Reporting Accidents and Illnesses Both Minnesota workers’ compensation laws and the state and federal Occupational Safety and Health Acts require that all on the job injuries and illnesses be reported as soon as possible by the employee, or on behalf of the injured or ill employee, to his/her supervisor. The employee’s immediate supervisor is required to complete a First Report of Injury and any other forms that may be necessary related to an injury or illness on the job. Section 22.02 Safety Equipment/Gear Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of employment that such equipment be worn by the employee. The City will provide all required personal protective equipment (PPE) gear with the exception of steel toe boots for which the city will provide an allowance. Employees are responsible for maintaining their issued PPE in a serviceable manner and reporting any deficiencies to their supervisors for repair or replacement. Eligible employees shall receive an annual allowance as established by agreement and/or resolution for the purchase of steel toe boots. Section 22.03 Unsafe Behavior Supervisors are authorized to send an employee home immediately when the employee’s behavior violates the city’s personnel policies, department policies, or creates a potential health or safety issue for the employee or others. Section 22.04 Access to Gender-Segregated Activities and Areas With respect to all restrooms, locker rooms or changing facilities, employees will have access to facilities that correspond to their affirmed gender identity, regardless of their sex at birth. The city maintains separate restroom and/or changing facilities for male and female employees and allows employees to access them based on their gender identity. Under no circumstances may employees be required to use sexsegregated facilities that are inconsistent with their gender identity. 168 67 221698v1 Article 23. EMPLOYEE RECOGNITION The City recognizes that a formal employee recognition program is an important component of the City’s benefit package and helps attract and retain quality employees. The City takes great satisfaction in the accomplishments of its employees and extends recognition in the following ways: Section 23.01 Service Recognition The purpose of the employee recognition program is to acknowledge employees who have contributed years of service to the City of Orono and its citizens and recognize them with a token of appreciation for their dedication and commitment. Employee service recognition shall be based on an individual’s length of service with the City of Orono. Length of service shall be based on consecutive years of service as an employee in a regular full-time or regular part-time position. Section 23.02 Service Awards Employee service recognition awards, provided by the City, will be presented to employees as follows: •5 years: Plaque of Appreciation •10 years: Engraved bar will be added to plaque •15 years: Engraved bar will be added to plaque •20 years: Watch (Or Similar) Engraved bar will be added to plaque •25 years:Engraved bar will be added every five years after 25 years The awards for years of service will be presented by the City Administrator or designee, with assistance from the recipient’s supervisor at an annual employee recognition event held during normal business hours. Employee recognition events shall include an annual luncheon or picnic, retirement, resignation with 5 or more years of service and new employees. 1. Annual Luncheon. All regular full-time and part-time employees will be invited to attend the City’s employee luncheon or picnic held during normal business hours to thank them for their work throughout the year. 2. Retirement. The following will occur upon announcement of a retirement from City service: •Administration staff will organize a reception, including ordering a cake •The Department is responsible for organizing a collection towards a gift for the retiree. •A photo and article will be placed in the city newsletter and/or local newspaper. •The Department will draft a resolution of appreciation for a City Council meeting. •The Retiree will be advised of the recognition plans and may elect not to be recognized in any of the forms listed 3. Resignation. The following will occur upon the announcement of the resignation of an employee with five or more years of service: •The Department will be responsible for organizing a reception or collection towards a gift for the resigning person. •When the resigning staff member has less than 5 years of service, the Department will be responsible for organizing any form of recognition. 169 68 221698v1 4. New Employees. The following will occur upon the announcement of a new full-time employee: •Administration staff will organize a reception, including breakfast 170 69 221698v1 Appendix A.Performance Evaluation Process and Forms 171 70 221698v1 City of Orono Performance Evaluations 1.Purpose: The purpose of the performance review process is to provide a record of the employee’s job performance, to encourage professional growth, and to provide an opportunity for open dialogue between employees and their supervisors. Evaluations should consider, but are not limited to, representative job duties, quality of work, interpersonal skills, previously set goals and future expectations. 2.Performance Appraisal Process. The City of Orono performance appraisal process on an annual basis. The key portions of the process include the establishment of goals, periodic check-ins and a formal evaluation. The table below outlines the goal setting and evaluation process. 3.Key Events and Timeline. Event Description When Goals Established Goals for the rating period are established at the close of the previous rating period. For new hires, goals should be established between the supervisor and employee within the first 6 weeks of employment. Previous rating period, first six weeks for a new hire Ongoing Check in Check-ins are regular discussions that happen throughout the year to: •Check in on progress toward goals, •Stay aligned on current projects, •Discuss what is going well and what could be better, and •Agree on next steps. Mid-year reviews are required for all new hires and department directors. Ideally quarterly Minimum of every 6 months after a new hire, NLT July 31st for Department Directors Annual Review – Employee Input The employee input portion is completed by the employee and then provided to the supervisor for review and preparation of the supervisor’s assessment. The employee should review the last evaluation form that was prepared to determine if he or she has achieved the listed goals. January 1-15 172 71 221698v1 Thereafter, the employee should prepare a list of key results and accomplishments for the period. Annual Review- Supervisor Assessment Prior to meeting, the supervisor should review the last evaluation form that was prepared to determine if goals were met and whether the items listed in “Areas of Improvement” have been addressed. The supervisor should then prepare responses for discussion with the January 15-31 As of December 2021 employee during the current evaluation process. When completing the form, the supervisor should use specific examples of conduct to formulate comments. Evaluation Goal Setting Meeting The supervisor and employee will meet to discuss the current evaluation and set goals for the coming rating period. They should meet in an atmosphere that is both private and free of interruptions, and the supervisor should take particular care to make the meeting a priority. There should be an open and honest exchange where each is permitted to state his or her opinion regarding the answer to any section. January 15-31 Formal Evaluation Department Director Review After the meeting, the supervisor will finalize the evaluation form including any additional comments. If an employee disagrees with a particular answer, he or she may note the disagreement on the form or by attaching a separate document. When the form has been completed, it will be signed by the employee, the supervisor, and the department director. The supervisor will provide the original copy to the City Management Assistant, will keep a copy in his or her files, and will provide a copy to the employee. NLT 31 January 4.Responsibilities: A.City Administrator. The City Administrator is responsible for establishing the performance evaluation policy and process. B.Department Director. Department heads are responsible for ensuring the evaluation process is completed within their departments on time and to standard. Department Heads will review all evaluation within their departments to ensure they are complete, consistent, and fair. C.Supervisor. Supervisors are responsible to coordinating the completion of the evaluation and goal setting process with their subordinate employees and ensure the process is documented and recorded in the employee’s personnel files. Supervisors are 173 72 221698v1 responsible for ensuring all of their employees receive a fair and objective evaluation. Supervisors are responsible for scheduling and leading ongoing check-ins with their subordinates. D.Employee. Employees are responsible for preparing the self-evaluation portions of the evaluation process and working with their supervisors to establish goals. E.Management Assistant. The Management Assistant shall ensure personnel files are kept up to date and performance evaluations are filed appropriately. The Management Assistant shall assist the City Administrator in tracking completions of annual and semiannual performance evaluations. 5.Process Step Descriptions and Tips. The following are excerpts from the U of M Leadership and Talent Development Program. They expand on the description provided in section three and are meant to be an aide to supervisor in ensuring a meaningful performance appraisal process. A.Goal Setting. Goals are the most important way to set expectations for an employee. They should include both and key behaviors and expectations needed for achieving the desired key results to accomplish goals throughout the rating period. Well- designed goals guide an employee’s priorities and efforts and set the agenda for the year. Setting meaningful goals is one of the most powerful ways that you can motivate employees, focus their contributions, and help them improve their performance. Clear and relevant goals are the foundation for effective coaching and feedback as well as for performance evaluations. B.Ongoing Check-ins. Check-ins are regular discussions that happen throughout the year to check in on progress toward goals, stay aligned on current projects, discuss what is going well and what could be better, and agree on next steps. Ongoing check-ins promote progress toward goals by providing opportunities for feedback and support. Having regular meaningful conversations is key to on-the-job learning which is the single most important way people improve and grow at work. The ideal frequency of check-in discussions depends upon the work, the person, and any department practices. For most roles, ongoing check-in conversations around goals should happen at least quarterly, and they can be as short as 15 minutes. The following are recommended are the steps for a check in: (1)Discuss Roles and Responsibilities for Check-Ins. Discuss expectations for what you, the supervisor, and your direct report are each responsible for. A good time to do this is at the beginning of the performance cycle, once the annual goals are set and revisit as needed. If one or both of you are not taking ownership for your role in check-ins, this is an important place to start your next check-in conversation. (2)Review and Update Goals. Ongoing check-ins by design are centered on goals. 174 73 221698v1 (3)Evaluate Current Progress And Provide Comments To Support Performance And Development. Discuss and evaluate progress toward goals; this does not need to be a formal assessment. Provide feedback about the goals based on your observations, feedback from others, and the updates that the employee has shared. (4)Determine Next Steps. Determine What do they need to support them in this work (additional information, resources, skills, training, opportunities to practice, etc.)? Discuss Agree on next steps for the work, for the person’s development, and for your future check-ins: •What are the person’s next steps and when will these next steps be taken? •What are your next steps as their supervisor and when will you take them? This can be a simple conversation or a more detailed, formal process. Consider what makes the most sense for the work, for the individual, and what practices and expectations exist within your organization. Document Take a note of this information as reference for future check-ins, especially since it will help inform the formal evaluation at the end of the year: updated goals, summary of progress and next steps. C.Performance Evaluation. Performance evaluation includes measuring effectiveness in meeting expectations for achieving results as well as how those results are achieved (i.e., behaviors). Effective performance evaluation does not happen only at the end of a year but through ongoing check-ins throughout the year. Formal evaluation is the final step in the performance management process and includes writing and delivering a performance evaluation. Ideally, a formal evaluation is a summary of what has already been discussed throughout the year. Steps: (1)Get the Employee input on their results and impact. Have employees summarize their key results and accomplishments for the year. These descriptions should include: a) the situations they faced, b) the actions they took, c) the results they achieved, and d) the impact of those results. Avoid asking employees to self-rate. Instead, focus employee input on accomplishments and impact. This increases communication and understanding, decreases disconnects between the manager’s view and the employee’s view, and increases employee ownership and acceptance of the process. Accomplishments and impact can be included in part of the review, and can be helpful in making pay or promotion decisions. (2)Get Input From Others. Ask for input from an employee’s peers, direct reports, and important partners in other departments or units. This type of 175 74 221698v1 input is often seen as especially credible and helpful for employees, and done as a simple conversation or through a more formal feedback process (3)Evaluate The Results The Employee Achieved. Identify the employee’s most important accomplishments of the past year. Determine the impact those accomplishments had on the department or city and the contribution they made to important goals and priorities. Include context, accomplishment and impact in your descriptions. Use relevant, accurate metrics (if available) to inform your evaluation of the employee’s impact and contributions. (4)Evaluate How They Achieved Results.Identify how the person was expected to achieve results. Including behaviors in the evaluation process is an important way of differentiating between employees who are performing more or less effectively than others. Ask yourself: •Did they meet the behavioral expectations on a consistent basis? •Did they consistently exceed these expectations? •Did they perform below expectations much of the time? (5)Write The Performance Review. Take the time to be thoughtful and specific with the narrative potions of the evaluation, as the narrative will be the most useful portion of the review for the employee. Narratives provide important feedback that helps the employee understand how they are performing relative to the expectations for their role. (6)Discuss The Review With The Employee. This is the most important part of the process. Key point: Context If you had formal or informal ongoing check-ins throughout the year, summarize these discussions in the annual review conversation to provide context. Narrative & Rating Discuss the narrative, the performance rating, and the rationale for the rating the person received. Discuss both the results the person achieved as well as how they achieved those results (i.e., behaviors). Input Ask the employee to share their thoughts and opinions on each portion of the review. Show Empathy If anything surprises the employee (particularly anything negative), consider whether this is the first time they are hearing it. If it is, then let them know that you are aware that this is new information to them and give them time to consider what they have heard. Give time Before and during review discussion: Provide employees with a written review prior to your discussion so that they a chance to familiarize and reflect. If they react defensively expect that they will need time before they can have a productive conversation about how to address the information. If the employee is receiving regular feedback and coaching throughout the year, nothing in an annual review should be a surprise. 176 75 221698v1 (7)Set Goals and Developmental Activities for the upcoming year. Goals. If you aren’t already doing so, consider setting broad annual goals for next year and then using ongoing flexible goalsetting for specific shorter-term goals. Keep the broad goals specific, important and measurable. The review session is often a good time to begin creating a development plan. Focus on the specific behaviors and skills that will help the person be successful in achieving the goals ahead. Forms a. New Employee Initial Counseling b. Ongoing Check in Record. c. Annual Review – Employee Input d. Annual Performance Review Example Forms a. New Employee Initial Counseling b. Ongoing Check in Record. c. Annual Review – Employee Input d. Annual Performance Review 177 221698v1 New Employee Initial Counseling: Used for new employees of existing employees taking on a new role. Employee Name Position Evaluation Period Evaluator to Job Title and Summary Description:from Job Description used in hiring Key Onboarding Requirements:Identify those key onboarding items the employee must accomplish to meet the requirements of the position and be successful. Item Due by: GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. 178 77 221698v1 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Discussion Date: _____________ Supervisor: ________________________ Signature:____________________________ Employee:__________________________ Signature: ___________________________ Department Director Reviewed: Date:______________ Signature:______________________ 179 78 221698v1 Ongoing Check In:(Mid-year required for probationary employees, those on performance review plans and department heads.) Employee Name, Title Evaluation Period Evaluator, Title Department GOALS: Copy and paste the goals set at the beginning of the rating period here. DEVELOPMENT/ TRAINING GOALS: Copy and paste the goals set at the beginning of the rating period here. Employee Input:Provide some bullet point updates on progress toward goals and assistance/ direction you need from your supervisor. Supervisors Feedback: Provide feedback on progress to date on goal achievement and guidance on the way forward. 180 79 221698v1 Area(s) for Improvement:Identify any areas requiring improvement and a plan to achieve that improvement. Discussion Date: Employee Signature: ____________________ Supervisor Signature:____________________ 181 80 221698v1 ANNUAL REVIEW – EMPLOYEE INPUT Employee Name Position Evaluation Period Evaluator GOALS: Copy and paste the goals set at the beginning of the rating period here. DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. KEY ACCOMPLISHMENTS: List three things you accomplished or felt were successes this past rating period. Group by areas of responsibility and tie to goals set at the beginning of the rating period. Growth Areas: List any challenges you overcame and what would you would like to have done better during the past rating period and how you plan to improve those things in the next rating period. (minimum one) 182 81 221698v1 PROFESSIONAL DEVELOPMENT/ TRAINING: List your training/professional development achievements for the past year. ORGANIZATIONAL FEEDBACK: I know what is expected of me at work? I understand the mission and goals of my Department / City? Yes No Example: I have the support, materials and equipment I need to for my job well? (Clear direction, access to my supervisor, tool/equipment and training) Yes No Example: Do I receive enough / relevant feedback at work? Yes No Example: 183 82 221698v1 ANNUAL PERFORMANCE EVALUATION Employee Name Position Evaluation Period Evaluator From: To: “X” Appropriate Box. Comments required for “Exceeds Expectations” and “Needs Improvement”. Please explain why in comments/examples and what actions are to be taken. Exceeds Expectations: Performance is exceptional and usually exceeds job requirements. Meets Expectations: Meets all job Requirements. Needs Improvement: Performance is below standards and requirements of the job. 1. Values: Displays the Values of Honesty, Integrity, Service, Collaboration, and Excellence 2. Punctuality and Attendance:Works required hours, and arrives punctually to work and scheduled meetings. 3. Accountability: Accepts responsibility for actions and/or accomplishments. 4. Job Knowledge:Possesses and applies the necessary knowledge and mechanical skills for the position. 5. Professional Development: Participates in training programs, takes advantage of educational opportunities, reads professional publications to stay current on new developments and methods related to position. 6. Time Management: Organizes work to use time effectively and efficiently. Works effectively under heavy workload and meets agreed-upon stated deadlines. 7. Initiative: Willing to accept new and/or additional responsibilities. Completes tasks with little supervision, Suggests improvements to existing procedures. 8. Decision Making: Demonstrates effective decision-making skills. Regularly exercises sound judgement. Thinks quickly and logically. Demonstrates ability to evaluate problems and situations calmly and identify problem areas which need to be addressed. 9. Quality: Follows directions and asks questions as necessary to meet desired results. Work accurate and thorough. Suggests ways to improve quality. Checks work to ensure good quality? 10. Safety: Follows safety rules and demonstrates safe work practices. Provide comment on any accidents, equipment damage incurred over the past rating period. 11. Communication: Demonstrates effective oral communication skills and conveys information in a clear and concise manner. Demonstrates effective written communication skills and conveys ideas and information in written format. 12. Cooperation: Cooperates with peers and immediate supervisor to accomplish work effectively and efficiently; helps create and maintain good working relationships, and provides effective assistance. 13. Customer Service: When dealing with residents, customers, or the general public is courteous, polite, patient, positive and helpful. Listens, displays empathy and responds in a timely manner. Keeps customers informed 14. Leads: Creates a positive work environment focusing on teamwork, mutual respect and trust. Gains commitments from organization members by setting the example, effective communication, and maintaining discipline. Creates a culture which fosters individual motivation. Ensures teams is properly trained and performs task in a safe manner. 184 83 221698v1 15. Plans: Sets goals and objectives, consistent with city/department goals, and develops plans to achieve the desired goals. Schedules work activities effectively, arranges workload to resources available to get desired result, allows flexibility in planning to accommodate changing needs by adopting alternate plans, and copes well with unexpected occurrences through proper planning. 16. Resource Management: Develops /assists in developing the organization budget covering all functions and monitor expenditures to ensure compliance with the budget. Ensures the care maintenance of organization equipment, facilities and supplies. 17. Achieves: Plans and coordinates both internal and external activities and resources to ensure successful completion of the organizations mission and goals. Examples: OVERALL ANNUAL ASSESSMENT: Provide an overall assessment of the employee’s performance during the last review period. Group by areas of responsibility. For supervisors include assessment of management and leadership. 185 84 221698v1 Annual Review:Overall performance related to position requirements. Outstanding Performance is distinguished in all aspects of the position. Exceeds Expectations Performance is exceptional in the major aspects of the position. Meets Expectations A fully competent, highly valued performer. Needs Improvement Performance is below the standards and requirements of the position. Not Effective Performance is well below standard and is unacceptable. GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. 186 85 221698v1 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Discussion Date: _____________ Supervisor: _________________________ Signature:____________________________ Employee:__________________________ Signature: ____________________________ Department Director Review: Date:______________ Signature:______________________ 187 86 221698v1 New Employee Initial Counseling: Used for new employees of existing employees taking on a new role. Employee Name Position John Doe Parks Maintenance Worker Evaluation Period Evaluator 1 Jan 20 to 30 Jun 21 Jane Smith, Parks Superintendent Job Title and Summary Description:from Job Description used in hiring Parks Maintenance Worker This position performs a wide range of tasks to maintain the city parks, trails, natural/open space, grounds, playground equipment, and lake access points. This position will require the use of a variety of equipment and tools. Occasional help may be required for public works and the golf course. Key Onboarding Requirements:Identify those key onboarding items the employee must accomplish to meet the requirements of the position and be successful. Item Due by: Administrative enrolment (payroll, benefits, IT) 15 Jan 20 PPE Issue 20 Jan 20 Equipment certification on Chainsaw, Skid steer and Mowers 15 Mar 20 Complete State Certification for Pesticide application 15 April 20 Complete all annual Safety Training 15 April 20 GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. Successfully complete your probationary period by: Familiarization- visit each park in the system to become familiar with their layout maintenance needs and location. Complete one round of inspections on Playground Equipment. Successfully operator equipment for snow and ice operations on city trails, sidewalks and parking lots. Successfully complete irrigation stat up procedures this spring. Complete / assist coordinating preventive maintenance activities for parks and Golf Course equipment. Use a continuation sheet if necessary 188 87 221698v1 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Enroll and complete the pesticide course Enroll in and complete the Shade Tree courses. Discussion Date: _____________ Supervisor: ________________________ Signature:____________________________ Employee:__________________________ Signature: ___________________________ Department Director Reviewed: Date:______________ Signature:______________________ 189 88 221698v1 Ongoing Check In:(Mid-year required for probationary employees, those on performance review plans and department heads.) Employee Name, Title Evaluation Period John Doe PW Streets Supervisor January 1st, 2020 June 30th, 2020 Evaluator, Title Department Jane Smith, Public Works Superintendent Public Works GOALS: Copy and paste the goals set at the beginning of the rating period here. Identify any goal adjustments. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2020 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2020. DEVELOPMENT/ TRAINING GOALS: Copy and paste the goals set at the beginning of the rating period here. Complete 40 hours of professional development training and recertification’s. Sanitary sewer recert; Shade Tree recert, APWA Winter conference continuing education; Cartegraph administrator certification. Employee Input:Provide some bullet point updates on progress toward goals and assistance/ direction you need from your supervisor. Roads: Salt usage in the start of this year is down 20% from previous 2 years. I’ve instituted a new sweeping program with the spring sweeping completed successfully. Stormwater: I’ve completed the remaining MS4 inspection that had not been completed in 2019. I’ve noted one key improvement for 2020 and am working to ensure we have sufficient funding. This spring we did not have ant spring thaw flooding situations due to proactive maintenance of the system. Equipment: The overall equipment readiness continues to improve with down time reduced form the same time last year. We completed new equipment training for the new Toolcat prior to its use for winter trial maintenance. Leadership and Management: We’ve successfully on boarded two new employees. So far to date we are under budget on the budget lines I’m responsible for. We had no reportable accidents in the first 6 months of the year. Training- I completed my shade tree recert via online training. Slightly behind on the Cartegraph training. Other training is scheduled. Use a continuation sheet if necessary Supervisors Feedback: Provide feedback on progress to date on goal achievement and guidance on the way forward. 190 89 221698v1 -Communication: So far,you’ve done a good job integrating and developing positive relationships with your fellow supervisors and support staff through regular, respectful positive communication- Sustain. -Key areas of focus going into the second half of 2021: o Preparation for winter with a focus on reducing salt usage. o Ensuring all of the preventive maintenance tasks and inspections are completed on time. -Management of Staff: Good work managing of your staff and coordinating the staff that do not directly report to you. With all of the challenges of the last 6 months you’ve ensured the city’s customer service has not suffered. Use a continuation sheet if necessary Area(s) for Improvement:Identify any areas requiring improvement and a plan to achieve that improvement. -Presentation skills-Not an issue but an area that you could go from good to excellent. Example- slide decks in the last meeting were very busy with lots of small text. Discussion Date: July 15th, 2020 Employee Signature: ___Signature_________________ Supervisor Signature:___Signature_________________ 191 90 221698v1 ANNUAL REVIEW – EMPLOYEE INPUT Employee Name Position John Doe PW Streets Supervisor Evaluation Period Evaluator January 1st, 2020 June 30th, 2020 Jane Smith, Public Works Superintendent GOALS: Copy and paste the goals set at the beginning of the rating period here. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2020 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2020. Use a continuation sheet if necessary DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. -Recertify shade tree certification. -Complete defensive drivers training -Attend fall APWA conference to complete continuing education requirements. KEY ACCOMPLISHMENTS: List three things you accomplished or felt were successes this past rating period. Group by areas of responsibility and tie to goals set at the beginning of the rating period. Roads: Salt usage in the start of this year is down 20% form previous 2 years. I’ve instituted a new sweeping program with this year’s sweeping completed successfully. Stormwater: I’ve completed the remaining MS4 inspection that had not been completed in 2019 as well as all of those due in 2020. This spring we did not have any spring thaw flooding situations due to proactive maintenance of the system. Managed the successful completion of 73 Stormwater maintenance tasks in 2020. Equipment: The overall equipment readiness continues to improve with down time reduced form the same time last year. We completed new equipment training for the new Toolcat prior to its use for winter trial maintenance. Leadership and Management: We’ve successfully on-boarded two new employees. The department finished the year under budget on the budget lines I’m responsible for. We had no reportable accidents this year. Use a continuation sheet if necessary Growth Areas: List any challenges you overcame and what would you would like to have done better during the past rating period and how you plan to improve those things in the next rating period. (minimum one) 192 91 221698v1 Equipment Preventive Maintenance- we had several unexpected major equipment maintenance items this year that may have been caught earlier have the operators done better preventative. While better than previous years there is still room for improvement. Plan to improve. Will look to develop a preventive maintenance schedule for operators that will then be spot checked by the new Mechanic. PROFESSIONAL DEVELOPMENT/ TRAINING: List your training/professional development achievements for the past year. Achievement 1.I completed my shade tree recert via online training. Achievement 2. Achieved all of my needed continuing education credits. ORGANIZATIONAL FEEDBACK: I know what is expected of me at work? I understand the mission and goals of my Department / City? X Yes No Example: I’ve been here for over 5 years and feel comfortable in my position and where I add value to the city. I have the support, materials and equipment I need to for my job well? (Clear direction, access to my supervisor, tool/equipment and training) X Yes No Example: I have what I need. I do believe the city should look at a new system for doing XXXX which should improve efficiency. Do I receive enough / relevant feedback at work? Yes X No Example: I seem to only get feedback at the end of the rating period. I would appreciate more frequent check ins with my supervisor. 193 92 221698v1 ANNUAL PERFORMANCE EVALUATION Employee Name Position John Doe PW Streets Supervisor Evaluation Period Evaluator From:January 1st, 2020 To:June 30th, 2020 Jane Smith, Public Works Superintendent “X” Appropriate Box. Comments required for “Exceeds Expectations” and “Needs Improvement”. Please explain why in comments/examples and what actions are to be taken. Exceeds Expectations: Performance is exceptional and usually exceeds job requirements. Meets Expectations: Meets all job Requirements. Needs Improvement: Performance is below standards and requirements of the job. 1. Values: Displays the Values of Honesty, Integrity, Service, Collaboration, and Excellence X 2. Punctuality and Attendance:Works required hours, and arrives punctually to work and scheduled meetings. X 3. Accountability: Accepts responsibility for actions and/or accomplishments. X 4. Job Knowledge:Possesses and applies the necessary knowledge and mechanical skills for the position. x 5. Professional Development: Participates in training programs, takes advantage of educational opportunities, reads professional publications to stay current on new developments and methods related to position. x 6. Time Management: Organizes work to use time effectively and efficiently. Works effectively under heavy workload and meets agreed-upon stated deadlines. x 7. Initiative: Willing to accept new and/or additional responsibilities. Completes tasks with little supervision, Suggests improvements to existing procedures. x 8. Decision Making: Demonstrates effective decision-making skills. Regularly exercises sound judgement. Thinks quickly and logically. Demonstrates ability to evaluate problems and situations calmly x and identify problem areas which need to be addressed. A solid performance should be 9. Quality: Follows directions and asks accurate and thorough. Suggests ways to I questions as necessary to meet desired results. Work characterized by predominately Meets improve quality. Checks work to ensure good quality? x 10. Safety: Follows safety rules and de accidents, equipment damage incurred on Expectations with 1-2 Exceed Expectations monstrates safe work practices. Provide comment on a and maybe 1-2 Needs Improvements er the past rating period. ny x 11. Communication: Demonstrates a clear and concise manner. Demonstrate information in written format. effective oral communication skills and conveys inform s effective written communication skills and conveys idAn exceptional employee should have predominantly Meets expectations with 3-4 ation in eas and x 12. Cooperation: Cooperates with p and efficiently; helps create and maintain g eers and immediate supervisor to accomplish work effeExceeds Expectations. ood working relationships, and provides effective assis ctively tance.x 13. Customer Service: When dealing with residents, customers, or the general public is courteous, polite, patient, positive and helpful. Listens, displays empathy and responds in a timely manner. Keeps customers informed x 194 93 221698v1 14. Leads: Creates a positive work environment focusing on teamwork, mutual respect and trust. Gains commitments from organization members by setting the example, effective communication, and maintaining discipline. Creates a culture which fosters individual motivation. Ensures teams is properly trained and performs task in a safe manner. x 15. Plans: Sets goals and objectives, consistent with city/department goals, and develops plans to achieve the desired goals. Schedules work activities effectively, arranges workload to resources available to get desired result, allows flexibility in planning to accommodate changing needs by adopting alternate plans, and copes well with unexpected occurrences through proper planning. x 16. Resource Management: Develops /assists in developing the organization budget covering all functions and monitor expenditures to ensure compliance with the budget. Ensures the care maintenance of organization equipment, facilities and supplies. x 17. Achieves: Plans and coordinates both internal and external activities and resources to ensure successful completion of the organizations mission and goals. x Examples: E: Job Knowledge: John took over the project management in construction inspection role for this year’s stormwater improvement project resulting in a smoothly run project that finished ahead of schedule and on budget.E: Communication. John makes the effort to communicate and coordinate across departments and within the crew. His strength is oral communication. He routinely works with residents to resolve issues and complaints. Examples include resolving snow plow damage complaints and processing road maintenance requests. N: Achieves: The 2019 Personnel Evaluation process was not completed in a timely manner. As of June none of his had been counseled on their previous year’s performance nor did goals get set for the upcoming year. OVERALL ANNUAL ASSESSMENT: Provide an overall assessment of the employee’s performance during the last review period. Group by areas of responsibility. For supervisors include assessment of management and leadership. -Roads: Successfully implemented the maintenance stripping program and maximized the amount of crack sealing we got done with our limited resources. Successfully coordinated contracted patches for a worst pavement section. -Stormwater: Successfully took over the project management of the stormwater improvement project. Nearly completed the storm water inspection plan for 2020. Several storm water maintenance items remain on the list and overdue. -Equipment: John has made great strides in improving maintenance readiness. He championed the procurement of key pieces of equipment such as the tool cat, ROW mower and the brine distributer. - Management. Overall John exceeded expectations when it came to managing his department’s roles and responsibilities. He accomplished the vast majority of his missions on time and within budget. He went out of his way to coordinate activities with staff and outside agencies. -Leadership. Overall John met expectations when it came to leading his department and subordinates. John always goes the extra mile to represent the interests of the public work team and ensure the administrative needs of his subordinates are addressed. I believe John has excellent potential to be a leader at higher organizational levels with greater responsibility. Use a continuation sheet if necessary Annual Review:Overall performance related to position requirements. x 195 94 221698v1 Outstanding Performance is distinguished in all aspects of the position. Exceeds Expectations Performance is exceptional in the major aspects of the position. Meets Expectations A fully competent, highly valued performer. Needs Improvement Performance is below the standards and requirements of the position. Not Effective Performance is well below standard and is unacceptable. GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan with emphasis on tracking MS4 requirements. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2021 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Continue to refine the MS4 Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2021. Use a continuation sheet if necessary DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. -Compete Commercial Driver relicensing -Begin APWA Public Works Supervisor certification course with goal of completing in 2 years. Discussion Date: __21 Jan 21___________ Supervisor: _______Jane Smith __________ Signature:______Signature ___________ Employee:______John Doe ____________ Signature: _______Signature _______________ Department Director Reviewed: Date:__22 Jan 21________ Signature:_______Signature ________ 196 95 221698v1 Appendix B.Tuition Reimbursement Policy and Forms 197 96 221698v1 Tuition Reimbursement Policy Purpose. The purpose of this plan is to provide guidance in the administration and participation of the tuition reimbursement program for City of Orono Staff members. Definitions: Tuition Reimbursement Form – The document completed by an employee requesting tuition reimbursement as approved by the City Administrator. Tuition Cost – The amount of money charged by an institution for participation in class(es) including all fees, service charges, textbooks and other expenses. Educational Planning Statement – A statement of the employee’s educational goals, how those goals will benefit the City of Orono in fulfilling its mission, the courses the employee is going to take to achieve those goals, the approximate tuition cost the for which the employee is seeking reimbursement and the time frame the officer intends to use to complete the educational goals. Reimbursable Amount – The amount of tuition cost that will be reimbursed to an employee. May include all or only a portion of the tuition cost based on available funds and must be approved by the City Administrator. Procedure. All tuition reimbursement will be incumbent upon the amount of money available to the City of Orono at the time application is made. Monies for reimbursement can come from a combination of several sources such as private donations, grants and available training money. The employee will be responsible for filling out the Tuition Reimbursement Application Form, completing an Educational Planning Statement and turning it in to their Department Head. After review, the Department Head shall forward the application and statement to the City Administrator with a written recommendation. The Department Head shall forward this information to the City Administrator no later than seven days after receipt. Improper or inadequate applications and/or statements shall be returned to the employee. Upon receipt of the Tuition Reimbursement Application Form and the Educational Planning Statement, the City Administrator shall approve or disapprove the application on a case-by-case basis based upon whether or not the employee’s request is consistent with the mission and goals of the City of Orono and whether or not there are adequate funds available to meet the employee’s reimbursement request. The City Administrator shall notify the employee on the outcome. 198 97 221698v1 The employee shall be responsible for providing the Department Head with evidence of satisfactory completion of approved class(es) within 30 days of receipt of grades showing course completion. For our purposes, satisfactory completion of the course means at least a grade of “C” or a “Satisfactory/Pass” and at least a 2.0 GPA. Any grade less than a “C”, “Satisfactory/Pass” or lower GPA then a 2.0 shall result in no tuition cost reimbursement for the employee. If the class is not completed, or no grade obtained, the City would not pay. The maximum reimbursement per course will be based on an average course cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the city if they voluntarily leave employment within twelve months of receiving tuition reimbursement from the city. It shall be the employee’s responsibility to provide the Department Head with the necessary receipts for class(es), service charges, textbooks and other fees contained within the tuition cost as approved by the City Administrator. Eligibility. Non-probationary, full-time employees in good standing shall be eligible for this program. An employee who leaves the employ of the City of Orono or is no longer an employee in good standing will no longer be eligible for reimbursement. Employees are also ineligible if they are receiving educational subsidies in the form of grants, scholarships or other tuition reimbursement. An employee who does not remain an active employee of the City of Orono for a period of at least twelve months after successful completion of the course must agree in writing prior to approval by the City Administrator to repay the tuition cost to the provider(s) within one calendar year of separation from employ. This includes resignation, retirement or termination for cause. Limitations.Courses and coursework taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement: Employees approved for the program will be responsible for ensuring their class schedule does not conflict with their work schedule. Flexible scheduling to obtain this goal is acceptable, but flexible scheduling must have advance approval from their Department Head. Employees in the program will not be allowed reimbursement for mileage, lodging, travel time, airfare or other expenses unless pre-approved by the City Administrator. Courses must be directly related to the employee’s present position. 199 98 221698v1 Educational goals must be aimed at completion of a certificate, undergraduate or graduate program. Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position. 200 99 221698v1 Appendix C.Website Policy 201 100 221698v1 Website Policy Purpose:The website is provided as an additional communication tool between the City and the public it serves for the purpose of sharing public information related to the City’s local governmental activities, programs and services, and other public entities. All information on the City’s site will be provided in the most positive, professional, user- friendly manner possible. Participation:Designated City employees may have access and the ability to post information on the City website. The Webmaster oversees all changes and updates to the website. The Webmaster and the City Administrator have the final decision on what content is appropriate to publish on the City website. Departments are expected to actively participate in maintenance of the website, and must check their information on a periodic basis to ensure that information is current and fresh. The City website may not contain any message boards and prohibits the creation of blogs. Creation of other Web Content:City employees cannot create separate web pages or website for communicating City business without the approval of the Webmaster and City Administrator. Employees cannot create social websites for communicating City business orinformation such as Facebook or Myspace without the approval of the Webmaster and the City Administrator. If an employee receives permission, the social page must serve a specific City purpose or need. The employee is also held responsible to adhere to the Data Practices Act. External Links:Links to other community or government information websites may be provided within the City’s website under the following criteria: The information in the linking site is useful and informative to the entire Orono community rather than special interest groups. •The information is presented from a neutral viewpoint. •Typical organizations which may be appropriate for linking include: •Ad hoc committees appointed by the City Council; •Quasi-government entities, such as watershed and park districts that includeOrono; •Other government entities; •Public education institutions; •Public utilities that serve Orono; •Non-profit Orono civic, educational, athletic and recreational organizations; •Athletic Associations that serve Orono; •Organizations providing information about art, cultural, and sporting activitiesin the City’s area; •Organizations providing information about tourist attractions in the City’sarea; •Generally recognized communityorganizations. 202 101 221698v1 Inappropriate links include, but are not limited to, sites which endorse a specificcandidate for local, state or federal office, represent a religious position, or operate for-profit. The City of Orono shall not be responsible for and does not endorse the information on any linked website; nor does the City of Orono guarantee the accuracy, completeness or timeliness of the information on those sites. The City of Orono is not liable for defamatory, offensive, or illegal conduct of linked sites. The links from this site to other sites on the World Wide Web do not constitute or imply endorsement or recommendation on the part of the City of Orono. Links to the City website are not controlled. It is the nature of the internet for websites tolink to other websites. Administrators from other websites do not have to ask for permission to link to the City of Orono website. It is recommended that websites that linkto Orono should periodically verify links for accuracy since page URLs are subject to change without notice. Advertisements:No advertisements other than for City-sponsored events, paid orunpaid, will be posted on the City’s website. Disclaimer:The City of Orono will make every effort to ensure the accuracy of the information provided on its website. However, due to the possibility of unauthorized modification of the data, transmission errors, HTML browser incompatibilities, human error, changes made since the last update to the website or other aspects of electronic communication that are beyond the City's control, the City does not guarantee the accuracy of the information provided on its website and is not liable for reliance on the information. Training Department Heads shall be responsible for addressing staff training needs as part of the development of their annual budgets in an effort to ensure each user is adequately trained to accomplish their job duties. Annual training needs shall be reviewed with Administration in order to determine if there are cross-Departmental needs. Training needs will be prioritized based on amount of need, training funds available, and applicability to job functions. 203 102 221698v1 Appendix D.Information Technology Forms 204 103 221698v1 IT Devise Acknowledgement Form 1. Purpose These guidelines pertain to City staff and Council Members who are issued a device purchased by the city. The purpose of these guidelines is to outline the responsibilities and care required for city-issued iPad or tablet devices. The devices are intended to be utilized by City staff and Council Members for the purpose of enhancing meeting workflow, reducing the use of paper agenda packet materials, improving staff efficiency, and to improve the timeliness of Council, staff and resident communication. 2. Authored Use Issued devices are intended for conducting City business. The city does not maintain loaner devices, so users will be responsible for conducting meetings without a device in the event of a lost or misplaced device. Devices shall be maintained in a suitably charged state during work hours. Inappropriate media may not be used as a screensaver or background photo. Devices will be secured with a minimum eight (8) digit numeric pass code. Sound shall be muted at all times unless needed for instructional purposes. Personally-owned music, games and apps may only be present on city-issued device when using a personal application store account. In case a device is restored to its original condition, the user is responsible for restoring any personal content. City IT department is not responsible for backing up personal related content. Users may save work locally on the device. It is strongly recommended that users utilize the city-designated online storage technology. Information stored on the iPad or tablet device could be classified as public, private, or other data and is governed by the Minnesota Government Data Practices Act (MN Statute Chapter 13) and must be treated accordingly. City staff and Council Members should retain information stored on the iPad or tablet device in keeping with city policies and procedures per the General Records Retention Schedule. 3. Personal/Home Use The iPad or tablet device is a powerful computing tool. City-issued devices may be taken home provided the use is consistent with the City’s mission, does not interfere with or negatively impact any other person’s or entity’s rights and work and/or learning environment, and does not conflict with any law Failure to adhere to the policy shall result in the revocation of such use privilege. Installation of applications is limited to applications that are consistent with the terms listed in this policy and are available through the application store. Installation of additional applications shall be at the sole expense of the user, utilizing their personal application store account. Modification of the device’s operating system to allow installation of applications not approved legally is prohibited. While instruction and advice may be offered, the City IT department is not responsible for home network use or support. 205 104 221698v1 It is the policy of the city to maintain the right to access and disclose any and all messages communicated through electronic means when city issued equipment is used. Regardless of the intent of the message (business or personal), any employee involved has no right to privacy, or to the expectation of privacy, concerning the content of any message or the intended destination of any message when using city-issued equipment. 4. Device Care Users will be held responsible for the maintenance and care of assigned communication devices. •Keep batteries charged and ready for use at meetings. •Clean the view screen with a soft, dry cloth or anti-static cloth as needed. •Do not lean or place anything on the screen that may cause damage. •Utilize the protective case at all times. •When not in use, store in a secure location. Never leave in an unlocked car or any other theft-prone area. •Immediately report lost stolen, malfunctioning or damaged devices to the IT department. •Stolen devices must be reported immediately to the local authorities. •Consult with IT before connecting or syncing devices to another computer. Devices that malfunction or are damaged must be reported to the IT Department. The City will be responsible for repairing devices that malfunction. Devices that have been damaged from misuse or neglect, in the sole and exclusive judgment of the IT department, will be repaired by the City, with the cost borne by the user. Damage includes, but is not limited to, broken screens, cracked plastic pieces, and inoperability. If the cost to repair the device exceeds the cost of purchasing a new device, the user shall pay the full replacement value. If the device is stolen or lost, the user shall pay an amount deemed appropriate by the balance of the Finance Director. If the device is stolen or lost, the user shall pay the full amount of the replacement. All appeals will be decided by the balance of the Finance Director. 5. Application Software All software applications purchased and installed by the City IT department must remain on the device in a usable condition and be accessible at all times. Users are responsible for personal software applications and are responsible for installation and backup. •Software purchased by the city will be done through the City’s application store account or similar account. •Users are allowed to purchase and download personal applications providing they are not profane, obscene or offensive to others. •The city is not responsible for the loss of any personal software applications when the device is updated, tested with diagnostic tools or restored to its original state. •Storage space needed for city applications will take precedence over space used for personal items. 6. Purchase or Return of Device Upon separation with the City, the City staff and Council Members must return the device to the IT department. Upon separation with the City due to the conclusion of the term of office or 206 105 221698v1 resignation, the iPad will be returned to the IT department, who will: (1) have the device returned to factory settings and remove any documents, images, files, or media stored on the device and re-issue the unit; or (2) allow the outgoing Council Member or City staff to purchase his or her device at “trade in” value established by a reputable electronic store. 7. Acknowledgement All City staff and Council Members who are assigned an iPad or tablet device shall be provided a copy of these guidelines and shall acknowledge receipt and understanding of the provisions outlined herein. The guidelines may be updated as needed. I agree that I will use the city iPad or tablet device in accordance with the specifics outlined in this user agreement. I also understand that use of a city asset is a privilege that may be revoked at any time. Printed Name: ___________________________________ Signature: _______________________________________ Date: ___________________________________________ 207 106 221698v1 Cell Phone Plan and Use Acknowledgement Purpose/Policy The purpose of this policy is to provide guidance with regard to who has cell phone privileges and City expectations of those with City-owned or City reimbursed cell phones. Cell phones are assigned to employees who must be accessible due to the nature of their duties and/or those who must be available for emergency response or consultation. The provision of a cell phone allowance or City-owned cell phone serves a public purpose in providing employees with the ability to perform job-related duties, which are directly related to the governmental purposes. Scope Based on business need in providing service to the citizens of the City, contractors, or City related contacts,designated staff will be provided a cell phone for City business purposes. In lieu of a City-owned cell phone, designated staff may elect to receive an allowance toward the cost of an employee’s personal cell phone service which will also be used for City business purposes. General Provisions Based on business need, the Department Director and/or City Administrator will determine which positions in the departments require a cell phone. These work-related needs include, but are not limited to: a.When safety of self or others may be at risk. b.When the employee’s main work location is in the field where land lines and other primary radio/telephone communications are not available. c.To provide immediate communication with staff in the department and other agencies as required to coordinate programs or provide customer service. d.Improved efficiency in the performance of the job. e.The need to be able to contact the employee on short notice. f.The employee’s role in emergency response. Monthly Allowance Election Employees designated to receive a cell phone may elect to receive a _______ dollar monthly cell phone allowance in lieu of a City-owned cell phone. Initial purchase of the cell phone, accessory equipment, and activation fees will be the responsibility of the employee. The employee will pay all costs exceeding the amount of the cell phone allowance. Employees receiving an allowance, in lieu of a City-owned cell phone are responsible for the following: a.Procuring and maintaining cellular service from a reliable carrier who provides phone numbers in the local calling area of Orono. b.Providing documentation in a manner prescribed by the Finance Director to activate and maintain monthly allowance payments. c.Notifying the City within five (5) business days of the cellular service being 208 107 221698v1 disconnected or phone number being changed. d.Limiting personal calls, incoming and outgoing, during work hours so as not to interfere with City business or the performance of the employee’s job. e.Replacement or repair of the phone. No allowance will be paid when an employee is in a leave status exceeding forty-five (45) days, unless approved by the City Council. No allowance will be paid when an employee is in an unpaid leave status. Approved Uses Employees receiving a City-owned cell phone or cell phone allowance will be responsible for the following: a.Employees are expected to keep their cell phones turned on during their designated working and on-call hours to assure they can be reached. b.Retrieving messages on voice mail if telephone calls are missed on the cell phone. c.Ensuring that use of the phone does not provide a distraction to the employee during work hours. This includes setting the cell phone to a silent alert mode during meetings and other times that an interruption is undesirable. d.Employees in possession of City-owned cell phones are required to care for the equipment in a responsible manner and to take appropriate precautions to prevent theft, damage, and vandalism. e.Providing adequate security for the phone to prevent unauthorized users from accessing work-related telephone numbers or documents stored on the cell phone, including, but not limited to, using a pass-code lock function when available. f.Limited Personal Use Exception: personal use during off-peak and weekend hours is permitted with City-owned cell phones, provided no costs are incurred by the City for such use. If the City does incur costs for employee’s personal use, the employee will be responsible for immediate payment of the personal use charges. Unapproved Uses Employees receiving a City-owned cell phone are prohibited from the following: a.Using City-owned cell phones for personal long-distance. b.Use of the equipment for personal profit or gain. c.To transmit, receive or distribute pornographic, obscene, abusive, or sexually explicit materials, or materials containing unclothed or partially clothed people. d.To violate any local, state, or federal law or engage in any type of illegal activity. e.To engage in any form of gambling. f.To engage in any type of harassment or discrimination, including but not limited to sexual harassment and harassment or discrimination based upon race, gender, sexual orientation, religion, national origin, marital status, status with respect to public assistance, disability or any other type of harassment or discrimination prohibited by law and City Policy. g.To engage in any type of commercial enterprise unrelated to the specific purposes and needs of the City. 209 108 221698v1 h.To engage in any form of solicitation without the express prior written consent of the Department Director or City Administrator. i.To promote any political or private causes, or other activities, without the express prior written consent of the Department Director or City Administrator. j.To enter into financial or contractual obligations without the express prior written consent of the Department Director or City Administrator. Any financial or contractual obligation entered into by an employee without the express written consent of the Department Director or City Administrator shall be the sole responsibility of the employee. k.To advocate any type of unlawful violence, vandalism, or illegal activity. Safety: Cell Phone Use While Driving Safety must come before all other concerns. Regardless of the circumstances and in accordance with Minnesota law, employees are required to use hands-free operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a call. Employees are encouraged to refrain from discussion of complicated or emotional matters and to keep their eyes on the road while driving at all times. Privacy Designated employees are provided City-owned cell phones to assist them in the performance of their jobs. All such equipment is the property of the City and is to be used for City purposes. Employees with City-owned cell phones should have no expectation of privacy in anything they create, store, send or receive using the City’s cell phone. Information created, stored, sent, or received by an employee acting in his or her government capacity using a personal cell phone may be classified as government data subject to the requirements of the Minnesota Government Data Practices Act. Such data is subject to review by the City and disclosure to the public where required by law. Responsibility The City Administrator, or designee, will have primary responsibility for implementation and coordination of this policy. Violations of this policy will subject the user to disciplinary action in accordance with the personnel policy or collective bargaining agreement. The Division Directors will be responsible for enforcement within their departments. When an employee terminates employment, the Division Director is responsible to ensure that a City-owned cell phone is returned to the City. The City-owned cell phone shall be returned to the City prior to final compensation to the employee. Acknowledgement A Cell Phone Plan and Use Acknowledgement Signature Form will be required to be completed prior to any employee using a City-owned cell phone or receiving a cell phone allowance. 210 109 221698v1 As an employee that has been identified as being in a position that requires the use of a cell phone, I acknowledge that I have received the City of Orono’s policy on Cell Phone Use and understand that this receipt will be filed with my personnel records. I hereby choose the following: □I will use a city provided cell phone. □I choose to use my personal cell phone. I understand that under current IRS regulations, the reimbursement that I will receive is added to my taxable income. _____________________________________ Name (Please Print) My Phone Number is: ___________________ My Provider is: ___________________ ___________________________________________________________ Signature Date 211 110 221698v1 Appendix F. Expense/Reimbursement Report 212 111 221698v1 PLEASE DO NOT STAPLE RECEIPTS TO FORM City of Orono Print Name: P.O. Box 66 Crystal Bay, MN 55323-0066Employee Signature: (952) 249-4600 Date Start End Meals Lodging Misc Purpose 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.625 -$ -$ -$ -$ -$ 2022 Personal Expense Reimbursement Form Destination Mileage Other ExpensesMiles Traveled Mileage $ Totals 213 112 221698v1 Appendix G.Position Reclassification Guidelines and Process 214 113 221698v1 POSITION RECLASSIFICATION GUIDELINES AND PROCESS Purpose and Scope: The City of Orono is committed to maintaining a fair, consistent, and predictable position classification and compensation program for the benefit of all employees. While the City will take reasonable measures to ensure that all positions are accurately reflected in position descriptions and classification points and grades, there may be instances where a formal review of a specific position is warranted. The following information provides guidance related to the general classification methodology used by the City, formal review request eligibility criteria, and the reclassification process. Definitions: Classification Determination is the outcome of the analysis process that results in the allocation of a pay grade level to a position. Comparable position is comparable to the position under review in its functions, responsibilities and accountabilities, direct supervisor responsibilities, and/or organizational hierarchy and scope. Desk Audit is an opportunity for the incumbent to describe the duties and responsibilities of their position and provide illustrative examples. Direct supervisor is to whom an incumbent directly reports and completes the incumbent’s annual performance evaluation. Incumbent is an employee who has been appointed to the position under review on a continuous basis or a fixed term. Job Analysis is the process used to measure the relative worth of positions within an organization at a point in time. Position Description (PD)is an approved City document which outlines the primary accountabilities and responsibilities of a position and the essential and desirable criteria required to undertake the position. Reclassification is a change in classification due to an up, down, or lateral pay grade change. Methodology: The City utilizes a formal methodology to conduct position analysis and classification and positions will be scored using a plan adapted from the Hay Method. The model assigned each position a score in the following categories (adapted from the State of Minnesota 2009 Hay Manual): Know-How, Problem Solving, Accountability, and Special Conditions. The following information provides a summary of factors and considerations used to apply this classification method. Know-How represents the knowledge, skills and abilities an employee needs to be successful in a particular job. The Hay evaluation method places the greatest emphasis on Know-How. Know-How is defined as an expert skill, information or body of knowledge that imparts an ability to cause a desired result. The Know-How category is the most heavily weighted category. If a position is more easily learned, the position will point toward the lower end of the scale. Know-How category is further divided into three parts: Depth and Breadth of Job-Specific Knowledge (aka Technical and Specialized Know-How and Job-Specific Knowledge); Integrating Know-How (aka 215 114 221698v1 Managerial Breadth or Know-How); and Human Relation Skills (aka Human Relations Know-How). A number is assigned for total Know-How points by making several separate choices for each of the three elements described and an overall assessment. Job-Specific Knowledge includes the position's requirements for knowledge and skills related to practices, procedures, specialized techniques and professional disciplines. It also includes basic and job- specific supervisory and managerial knowledge/skills/abilities (KSAs), when appropriate. This aspect of Know-How does not make distinctions among differently-sized managerial jobs nor does it include human relation skills. It is important to remember that this element measures the requirements of the position, not the qualifications of an incumbent. Integrating Know-How considers the need to integrate and manage progressively more diverse functions and is used to rank managerial breadth and scope, from similar to very different functions. When required, basic and job-specific supervisory and managerial knowledge, skills and abilities are included in the Job-Specific part of a Know-How rating. The overall size of an organization directly influences the number of managerial breath categories, because the organizational size often reflects requirements for increased managerial complexity and diversity. Human Relation Skills is the third element of a job's Know-How rating. It is the active, practicing interpersonal skills typically required for productive working relationships to work with, or through, others inside and/or outside of the organization to get work accomplished. It assumes that each job requires a foundation of basic human relations skills. To be effective, an employee must typically be proficient at the highest level of Human Relations Skill regularly required for the position. Problem Solving is the process of working through details of a problem to reach a solution. Problem solving may include mathematical or systematic operations and can be a gauge of an individual's critical thinking skills. Problem Solving measures the intensity of the mental process that uses Know-How to: (1) identify, (2) define, and (3) resolve problems. It is a percentage of Know-How, reflecting the fact that "you think with what you know." This is true of even the most creative work. Ideas are put together from something already there. The raw material of any thinking is knowledge of facts, principles and means. Context includes the influences or environment that limit or guide decision-making such as rules, instructions, procedures, standards, policies, principles from fields of science and academic disciplines. Positions are guided by organizational, departmental or functional goals, policies, objectives and practices circumscribed by procedures and instructions. In general, policies describe the "what" of a subject matter, procedures detail the steps needed to follow through on a policy (i.e., how, where, when, by whom) and instructions outline the specific aspects of how to perform the tasks, such as the operation of a machine or how to select the appropriate letters to use in particular situations. Thinking Challenge includes the nature of the problems encountered and the mental processes used to resolve the problems. The scale ranges from simple problems to very complex issues, with the premise that simple issues recur regularly in the same form and after a while are resolved by rote or instinct, but very difficult issues require substantial thinking and deliberation. The types of situations encountered and the processes involved in identifying, defining or resolving related problems are considered. Thinking Challenge reflects the degree of difficulty in finding improvements and adapting to changes. Accountability does not mean being responsible for getting one's own work done. Rather, it reflects responsibility for actions and their consequences and the measured effect of the job on end results, or impact, for the organization. Accountability includes three factors: Freedom to Act/Empowerment, Magnitude, and Job Impact. 216 115 221698v1 Freedom to Act/Empowerment involves the degree of personal or procedural control or guidance exercised over the position. For example, what constraints are put on an employee in this job? How closely supervised is the position? What kinds of decisions are made higher up in the organization? Magnitude is the portion of the total organization encompassed by the position's primary purpose. It's most typically indicated by the general dollar size of the area(s) most directly affected by the job, i.e., the resources over which the position has control or influence. A variety of factors are considered such as size of budget is employee responsible for, what degree of influence is held and is this person a decision maker. Job Impact is considered to be indirect (indirect or contributory) or direct and measurable (shared or primary). It involves the way in which the position's actions affect end results in the agency. For example, how does the employee influence the business - directly or indirectly? Does the employee provide advisory or interpretive services for others to use in making decisions? Is the job an information- recording one? Does it provide a necessary service with a relatively small effect on the business of the agency? "Contributory" and "primary" are, by far, the most frequently used options. Information For Direct Supervisors And Staff: The analysis of the work value of a position is the measure of the relative worth of positions within an organization at a point in time. This means that the City of Orono Classification and Compensation compares the work that is performed not only to similar jobs, but also on a scale that encompasses all City positions. Submissions for reclassification of a position(s) may be made by the direct supervisor or an incumbent(s) who occupies the position or group of positions. The incumbent may submit a request for a position reclassification review with or without the support of the unit. However, all updated position descriptions must be reviewed and approved by the related Department Head, the City Administrator, and the Council prior to formal classification review. An incumbent may submit their PD for reclassification no more than once every twenty-four (24) months, unless otherwise authorized by the City Administrator. In addition, in order to be eligible to submit a position for reclassification, an incumbent must be performing the duties, as written, for a minimum of six (6) months prior to initiating the reclassification request and meet the minimum qualifications of the requested classification. Direct supervisors are also eligible to submit requests for position reclassification for positions which fall under their direct management. Where the direct supervisor initiates a reclassification process, there is no requirement to gain the incumbent’s agreement to the PD although it is encouraged to have a discussion regarding the document with the incumbent. The direct supervisor may submit a request for reclassification of a position at any time the supervised incumbent has been performing at a higher level for a minimum of six (6) months. In general, Reclassification requests can only be submitted by: • Incumbent; • Direct supervisor; or • Department Head/City Administrator/Council, as part of a reorganization plan. Reasons for Classification Review: 217 116 221698v1 Existing positions require formal analysis for possible reclassification when there have been significant changes to the position that are deemed to be ongoing in nature and may have resulted in a significant increase in the work value, or impact, of the position. Changes in a position may result from the duties and responsibilities having significantly evolved over time including new duties or a redistribution of duties within a work area. The City will determine the appropriate pay grade level and classification of a position by undertaking an overall analysis of the following, using the Hay Method described above: • Consideration of the position in relation to the work being performed. • Changes to the position taking into consideration the Hay Methodology criteria. • Comparable positions to ensure equity and consistency in measurement of work value within the unit and across the City. • The ongoing nature of the changes to the duties, responsibilities, and essential requirements. All of the above factors are considered when making an overall analysis of work value – one factor alone is unlikely to demonstrate an increase in the relative worth of a position. The following factors or circumstances are not valid considerations in the analysis of work value: • The incumbent’s performance in the position. • Length of service or time in the position. • Education beyond the minimum required education of the classification. • Knowledge, skills, and abilities (KSAs) the incumbent may have that are not directly relevant to the position under review. • Anomalies and inequities in terms of other positions within the City. • Short term duties performed in addition to the incumbent’s regular position description duties; a one-off or short-term project is not considered as a basis for reclassification. • Mechanism for retention of incumbent. • An increase in the work volume alone is not considered the basis for reclassification; there must be a demonstrated change and increase in work value or impact. Steps For Requests For Submitting A Reclassification: Step 1: Discussion If there have been significant ongoing changes to the position duties and responsibilities, this may result in a change in the work value of the position and possibility of the need for reclassification. Contact your Department Head or direct supervisor to discuss updating your Position Description (PD). Step 2: Initiate Reclassification Action Incumbent initiates: An agreed upon PD is developed between the incumbent and direct supervisor. Direct supervisor initiates: The direct supervisor submits an updated PD to reflect the revised duties and responsibilities. The direct supervisor, per policy, is certifying that the PD is accurate. Note: To avoid confusion about duties and responsibilities, direct supervisors should discuss any changes to the PD with the incumbent who occupies the position which is proposed to be reclassified. Direct 218 117 221698v1 supervisors are not required to gain the incumbent’s agreement to the changes; however, incumbents should be made aware of the pending classification review. Step 3: Routing The direct supervisor routes the updated PD to the appropriate department head and City Administrator for their review. All final updated position descriptions must be formally approved by the City Council before proceeding. Step 4: Position Analysis Once the updated PD has been approved, the City Administrator and Finance Director will undertake an analysis, which may include a desk or phone audit, to review the reclassification documents, and make a reclassification determination, usually within 30 days. All final reclassification determinations must be formally adopted by the City Council. Step 5: Approval If adopted by the council, the direct supervisor will finalize the reclassification action by notifying the incumbent and obtaining a signed copy of the new PD and classification. These signed documents will be retained in the department personnel file to ensure all parties are aware of the expectations of the position. Effective Date Of Reclassification Fair and reasonable time frames will be adhered to throughout the reclassification process. Reclassification requests should be promptly submitted for evaluation and final determination. The effective date of an approved reclassification request should normally coincide with the date the PD is formally adopted by the City Council. In exceptional circumstances, the City Council may determine an earlier effective date of reclassification upon written request. Reclassification Appeal If the incumbent or direct supervisor is not satisfied with the reclassification determination, they may request an appeal. The appeal must be filed within thirty (30) calendar days of receipt of the reclassification determination. The City will engage an objective third party consultant to review the PD and classification within three months of the filed appeal and to make an independent recommendation to City leadership and Council. The final decision will be communicated by the City Administrator. If the original classification decision made by the City is upheld by the third party and the incumbent chooses to accept the independent decision, they will be eligible to apply for a new classification review six (6) months after the receipt of the appeal decision. 219 118 221698v1 Appendix H. Flexible Work Arrangement Policy 220 119 221698v1 Flexible Work Arrangement Policy 1. Purpose. This policy establishes the guidelines for flexible work arrangements to situations that fall outside of the typical City work schedule and last longer than two months. The City of Orono recognizes that flexible work arrangements can help the organization retain valuable employees and reduce turnover costs by providing a way for staff to more effectively meet the demands of their work and personal responsibilities. Such arrangements offer an alternative approach to completing work through non- traditional work hours and worksites. The City supports workplace flexibility to promote a highly productive work environment that allows employees to balance their work and professional needs while offering workforce dependability and consistency. 2. Scope. All types of City employees (full-time and part-time, union and non-union) may be considered for a flexible work arrangement, depending on their job duties. While not all positions will be suitable for flexible work arrangements, requests will be reviewed on a case-by- case basis taking into account the departmental needs and the employee’s ability to maintain a high level of service. A flexible work arrangement is a business and workplace strategy, not an employee benefit or employee right. Flextime may not be feasible within some departments or bargaining units based on their operational and business needs. Refer to the applicable agreements for additional information. 3. Definitions. A.Flextime: Agreed-upon starting and departure times that differ from the standard schedule for the department or work group. Flextime does not reduce the total number of hours worked in a given workweek. Flextime options can include fixed starting/ending times that change periodically; starting and ending times that can vary daily and variations in the length of days (e.g. six-hour day followed by a 10-hour day). B.Compressed workweek. A traditional 40-hour workweek condensed into fewer than five workdays. The compressed workweek options available to employees are as follows: (1) Four-day Workweek (assuming 40 hours/week) - Employee would be required to work four 10-hour days and would take off one (1) work day per week. This schedule must be fixed for the term of the agreement. This schedule must be fixed for the term of the agreement but may alternate with normal 5-8 hr day work week within the same pay period to allow employees to alternate to provide department coverage. (2)4½-day Workweek (assuming 40 hours/week) - Employee would work four (4) nine-hour days and one (1) four-hour day each week. This schedule must be fixed for the term of the agreement but may alternate with normal 5-8 hr day work week within the same pay period to allow employees to alternate to provide department coverage. C.Teleworking: A regular, routine work arrangement that allows the employee to perform a portion of the job outside of City facilities. This type of arrangement specifies the number of hours tobe worked outside of the office and the specific time in which it will occur. Employees 221 120 221698v1 must be self- disciplined, self-motivated, and comfortable working away from the office setting. Positions suited for teleworking are those that can be successfully performed remotely and require minimal supervision and limited face-to-face contact. 4. Criteria. Flexible work arrangements are discretionary based upon the operational needs of the department, division or work group and must have prior approval by the supervisor, department head and City Administrator. In some cases, a request for family and medical leave or a reasonable accommodation related to a disability may be more appropriate than a flexible work arrangement. Requests for flexible work arrangements will be evaluated on the following criteria: A.Can the employee’s job duties, tasks and responsibilities be performed remotely or independent of co-workers or team members? B.Can the work be monitored with quantifiable tasks, quantity and qualitymeasures? C.Is there likely to be an adverse impact on customers orcoworkers? D.Will working remotely expose private or confidential data to an unacceptable level of risk? E.Has the employee successfully completed the new hire probationaryperiod? F.Has the employee demonstrated a high degree of skill and job knowledge? G.Does the employee have a proven record of satisfactory job performance andattendance? H.Has the employee consistently demonstrated appropriate self-discipline, self-motivation and the ability to work independently? I.Has the employee consistently demonstrated strong communication skills and the ability to communicate with others in an appropriate form, time and level ofdetail? J.Are there sufficient funds available to acquire needed resources? 5. Guidelines. A.General Guidelines. (1)A flexible work arrangement is a business and workplace strategy, not an employee right or universal employee benefit. (2)A flexible work arrangement is not a substitute for paid time off. Flexible work arrangement requests are not the same as the occasional need for flexibility. Flexible work arrangements generally last longer than two months and are a regular and predictable part of the employee’s work schedule. (3)Not all requests will be accommodated and not all positions are appropriate for flexible work options. (4)The operational needs of the department, division or work group must be met even when an employee has a flexible work arrangement. (5)Performance expectations remain the same regardless of the employee’s work schedule or location. 222 121 221698v1 (6)Flexible work arrangements are not guaranteed or permanent – they may change as the needs of the department, division or work group change. (7)The supervisor may temporarily adjust work schedule or location as needed to meet the operational needs of the work group. (8)Flexible scheduling is limited to the standard 40-hour work week. All 40 hours must be accounted for in the work week. (9)Flexible work arrangements must not result in additional work for otherstaff. (10)Customers and other staff should not be adversely affected by a flexible work arrangement. If a flexible work arrangement creates adverse effects, the City and the employee shall work to eliminate them. The City retains the right to end the arrangement if the adverse effectscontinue. (11)Flexible work arrangements must be in compliance with the City’s information security and data policies as well as all other City policies. (12)The employee should receive approval for temporary deviations in his or her established work schedule from the supervisor in the same manner that he or she would without a flexible work arrangement. (13)Flexible work arrangements may be modified or discontinued for any reason as needed to ensure that the arrangement does not negatively affect the quality, quantity or productivity of the employee or the work group. (14)Supervisors should consult with Human Resources about recording time on timecards for holidays, vacation and other leaves. (15)All flexible work arrangements are subject to the City’s Employment Rules and must conform to the overtime, record keeping and other provisions of the Fair Labor Standards Act and other relevant laws. Lunches and breaks should be provided for in a flexible work arrangement. (16)Eight hours of pay is the maximum allowed per holiday. If a holiday falls on a day that an employee is scheduled to work more than eight hours, the employee must use vacation or personal leave to supplement the rest of the scheduled workday or flex the time by working another day not to exceed 12 hours as approved by the supervisor. (17)An employee may appeal a decision on a flexible work arrangement to their department head or, if the employee’s supervisor is a department head, to City Administrator. B.Teleworking Guidelines. (1)In order to ensure continuity of operations, employees may not work remotely more than 50% of their work week. (2)Teleworkers who work from home are responsible for having a designated work area that allows them to report to the office with one hour’s notice or within the employee’s normal commute. The work area should be suitable to complete the work assigned, safe, and ergonomically appropriate and located in an area free from noise such as barking dogs. It should provide sufficient security for data, phone conversations, etc. Teleworkers who require home 223 122 221698v1 adjustments are responsible for any costs associated with remodeling and the initial setup of a designated workspace. (3)Equipment needs for teleworking are determined on a case-by-case basis between the supervisor and employee. The City of Orono will not provide teleworking equipment unless it is justified depending on the needs of the department, division or work group and the nature of the work assignment. The decision as to type, nature, function and/or quality of electronic hardware, software, systems access, data and phone lines rests with the supervisor in coordination with the City’s Information Technology department. Equipment provided by the City is limited to authorized persons for City-related purposes. (4)Provisions of the Minnesota Government Data Practices Act and data privacy policies must be followed when performing work at a remote location. Employees will be expected to ensure the confidentiality and security of all City data accessed from or transported to the remote worksite. (5)A teleworking arrangement cannot substitute for dependent or child care. The remote work site must be free of distractions including demands on the employee’s time and attention by dependents. Employees must have the same dependent care arrangements in place when they are teleworking as they would if they were working at a Cityoffice. (6)Any work-related accident, injury, or illness that occurs while teleworking should be reported immediately to the employer’s supervisor so that a first report of injury can be completed. An employee is covered by Worker’s Compensation laws while teleworking. (7)An employee’s existing insurance policy(ies) may not include coverage for liability arising out of the use of a residence for a business purpose. Employees are solely responsible for determining an appropriate level of insurance based on their own circumstances. (8)Federal and state tax implications of teleworking and use of a home office are the responsibility of the employee. (9)The teleworker’s schedule, including number of teleworking days per week, normal teleworking hours and use of vacation, personal or compensatory time will be discussed with the employee prior to finalizing the teleworking agreement. (10)Unless other arrangements are made, the employee will be expected to attend all assigned office meetings related to the performance of the job, including those held on a teleworking work day. Reasonable attempts will be made to accommodate the teleworker’s schedule. (11)The supervisor retains the right to call a teleworker into the office as needed. As such, a teleworking employee must have a designated work area that allows them to report to the office with one hour’s notice or within the employee’s normal commute. (12)Teleworkers and supervisors are expected to develop an effective communication 224 123 221698v1 strategy. Teleworkers must be reachable via telephone or e-mail during agreed-upon workhours. (13)Teleworkers must notify their supervisor if they are unavailable for more than one hour. (14)Travel to and from a City office for the purposes of meetings or other work requirements are not considered eligible for compensation and mileage will not be reimbursed. (15)Ongoing interaction between the employee and his or her work unit should be maintained daily by phone and/or emails. The teleworking employee should be as accessible as they would be in City offices. The only difference is where the work occurs. The arrangement must be seamless tocustomers. 6. Process. The employee must complete a flexible work arrangement request form and submit it to his/her supervisor. A.The employee and supervisor must discuss the flexible work arrangement request. B.The work group’s operational needs must be considered (e.g., impact on work group, co- workers, customers, budget, business needs, etc.) C.Supervisors should specify when the employee is expected to be present at the office, how they are to be available during their offsite work time and how they are to communicate their specific availability, if the flexible work arrangement is approved. D.Flexible work arrangement agreements must be in writing and approved by the supervisor, department head and Human Resources Manager before taking effect. E.Supervisors should evaluate an employee’s flexible work arrangement with him/her on an ongoing basis. F.The City will assess the flexible work arrangement policy on a periodicbasis. 7. Performance Standards. A.The City of Orono’s policies and procedures as stated above apply to all flexible work arrangements. B.A flexible work arrangement will start with a pilot period of three months during which the employee and supervisor will regularly discuss how it is going, whether productivity is being maintained, and whether adjustments are needed or if the arrangement should be amendedor discontinued. The arrangement may continue after the trial period if deemed successful by both the employee and the supervisor. C.Flexible work arrangements sunset at the end of each calendar year; they may be renewed depending upon an assessment of the arrangement by the employee and the supervisor. An application for a flexible work arrangement is required each year. D.Whenever possible, weekly face-to-face check-ins should occur between the supervisor 225 124 221698v1 and employee to discuss work progress. E.Any changes of work hours or work location should be reviewed and approved by the supervisor in advance. F.Either the employee or the supervisor may terminate a flexible work arrangement at any time and for any reason as needed with reasonable notice. 226 125 221698v1 Flexible Work Agreement Period: Start Date:End Date: _ Schedule: In the chart below list the hours each day for telework or flexible work. Pay period Week Day Telework Schedule Flexible Work/ Compressed Work Schedule Additional Details 1 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 2 Monday Tuesday Wednesday Thursday Friday Saturday Sunday I have reviewed the Flexible Work Arrangement Policy and agree to abide to the terms and conditions set forth by the policy. Date Employee I have reviewed the above information with _____________________________ prior to their participation in the City's Flexible Work Arrangement Policy. Date Department Head 227 126 221698v1 Appendix I. Credit Card Policy 228 127 221698v1 City of Orono Credit Card Policy 1. Purpose. The purpose of this policy is to establish guidelines for the City of Orono to provide for the issuance of credit cards to personnel. Credit card is intended for purchases needed for City operations. Use of the credit cards would provide efficiencies, such as: a. Less time required at the point of sale with retailers b. Purchases made over the Internet, resulting in lower costs. c. The total number of checks written is reduced. 2.Authority. The City of Orono is authorized to use credit cards for official City of Orono purchases and the Finance Director will determine which personnel will be assigned credit cards. Credit cards will be issued only when it is clear that they will create efficiencies in the normal purchasing process. Each card issued will bear the name of the City of Orono and the individual card holder. The employee whose name is on the card is the only one authorized to use that card, unless the employee specifically temporarily authorizes a subordinate to use the card for a specific purchase. The City credit card (not a personal card) should be used for City business requiring the use of a credit card. 3.Authorized Card Use. Cardholders are authorized to use the card to purchase merchandise or services required as a function of their duties at the City of Orono. This includes the purchase of food and/or non-alcoholic beverages for business meetings and public events. A purchase made with a credit card may be made in -store, by telephone, fax, internet or U.S. mail. All purchases that are not picked up in-store should be shipped directly to City facilities, unless prior authorization for a home delivery is given by the Department Head or City Administrator. 4.Unauthorized and/or Inappropriate Card Use. Credit cards must never be used to purchase items for personal use or for non-City of Orono purposes, even if the card holder intends to reimburse the City of Orono. In the event of accidental use of a City credit card, the cardholder will reimburse the City for the full purchase price, plus any applicable fees, within five (5) days of the accidental use, or notification by the Finance Department of the accidental use. Unauthorized and/or inappropriate card use includes, but is not limited to: a. Items for personal use; b. Items for non-City of Orono purposes; c. Cash or cash advances; d. Alcoholic beverages (except authorized Golf Course purchases); e. Weapons of any kind or explosives (except authorized Police Department purchases); f. Relocation expenses; g. Personal entertainment; and h. Recreation. 5.Responsibility & Accountability. It is the responsibility of the individual cardholder to: a.Safeguard the credit card and credit card account number at all times; lost or stolen credit card must be immediately report to the Finance Department (or the credit card company during off-hours). 229 128 221698v1 b.Ensure that all City purchasing procedures are followed, including guidelines with respect to quotations and bids. c.Ensure that the card is used only for legitimate City business expenditures in accordance with the cardholder’s job duties. d.Ensure that no one else uses the card unless specifically authorized by the card holder. e.Maintain all supporting documentation associated with credit card purchases (receipts, confirmations, purchase orders, etc.) with expenditures properly coded and approved by the department. f.Submit credit card form and documentations in a timely manner to the Finance Department for payment processing. g.Surrender the credit card to Finance Department upon separation from the City of Orono. h.Any personal charges made inadvertently must be reimbursed to the City at the time the documentation is submitted to the Finance Department. 6.Administration. Credit limits will be established by the Finance Director for each cardholder on an individual basis and will be programmed into the card. Cash withdrawals will not be allowed with the cards. The employee shall be personally responsible financially for any improper or unauthorized use of the credit card, as specified in Minnesota Statutes 471.382. The Finance Department will administer the issuance of cards and compliance with the above policies and procedures. Policy violations will result in the cancellation of an individual card. Intentional or negligent misuse of a City credit card will subject the employee to disciplinary action, up to and including dismissal, and/or garnishment of wages if necessary to recover City funds. Cards must be returned to the City at the time of separation. 230 129 221698v1 CREDIT CARD USER AGREEMENT I, _________________, as an employee of the City of Orono, accepts personal responsibility for the safeguard and proper use of the City credit cards, which has been assigned to me for use in performance of my job, in accordance with the terms outlined below. Credit cards may be used for travel related business expenses (within and outside the City), and conference/class registrations incurred. Credit cards may be used for purchasing department supplies. I have read and understand the credit card policies and procedures set out by the City of Orono Credit Card Policy. I understand the Finance Director will disallow my use of a City credit card for violation or misuse of the credit card and/or credit card policies and procedure and that such violation or misuse may subject me to discipline, including termination, under the City's Personnel Policies. I understand that each time I use, or authorize the use thereof, that I am adhering to the following statement: "I hereby certify under penalty of perjury that this is a true and correct claim for necessary expenditures incurred by me and that no payment has been received by me on account thereof." I understand that I will be held personally liable for inappropriate charges I incur to the City credit card, and payment for any such inappropriate charges is hereby authorized to be withheld from my paycheck. The undersigned individual has read and understands the above statements. This agreement will be filed with the individual personnel records. _______________________________________________________________ Signature Date 231 130 221698v1 AFFIDAVIT OF LOST OR DESTROYED RECEIPT Name: Position: Last four digits of Card Number: I declare on oath, that the original receipts for the transaction dated _____/______/________ in the amount of $__________ from ____________________________ (vendor name) has been lost or destroyed. The vendor has been-contacted and is not able to provide a duplicate receipt for this purchase. Please accept the detail of the transaction below in lieu of an itemized receipt for this transaction. Item(s) Purchased Amount I understand that falsification of the itemization of this purchase constitutes an act of fraud. _______________________________________________________________ Signature Date 232 Item No.: 17 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda Item Description: Employee Pay Scale Adjustments - Resolution 7443 1.Purpose: The purpose of this action item is to adopt a resolution approving 2024 pay and benefit plan adjustments for city employees. 2.Background/Summary: The City adopts an updated pay scale annually. This action will set the 2024 wage and benefits for city employees. a. Compensation. The 2024 budget has been prepared with a 3% increase in the pay scale. This increase is consistent with the negotiated increases required by the City's labor agreements for union personnel. b. Insurance. For 2024 the City's monthly insurance contributions for both family and single coverage will remain unchanged at $1,750 for family and $915 for single. The amount paid to employees that waive insurance will increase to $146.46. c. Mileage. The City will continue to reimburse employees at the IRS standard mileage rate in 2024. The 2024 rate has not been released at this time; the 2023 rate is 65.5 cents per mile. d. Safety Shoe Allowance. The safety shoe allowance for eligible employees will remain at $300 annually for 2024. This matches the amount in the Public Works union contract. 3.Staff Recommendation: Staff recommends approval of resolution #7443 approving the 2024 pay and benefit plan adjustments for city employees. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve resolution #7443 approving the 2024 pay and benefit plan adjustments for city employees. Exhibits Ex. A Resolution 7443, 2024 Pay Scale Adjustments Ex. B 2024 Pay Scale.pdf Ex. C Position Point Grades.pdf 233 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7443 RESOLUTION APPROVING CITY EMPLOYEE PAY SCALE ADJUSTMENTS FOR 2024 WHEREAS, the City Administrator is responsible for annually presenting pay adjustments for City employees; and WHEREAS, sufficient funds have been appropriated in the proposed 2024 Annual Budget to fund the recommended pay adjustments and such other matters of compensation as herein specified. NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council as follows: 1.That the City’s pay scale be increased to reflect a 3% cost of living increase in employee wages. 3. That the City's cafeteria benefit plan contribution for eligible employees will be $1,750 per month for employees on family coverage, remain at $915 for single and $146.46 for waivers. 4.That all City employees using their own vehicles for approved work-related business shall be compensated at a rate allowed by the IRS (currently $0.655 per mile). 5.That the 2024 Safety Shoe Reimbursement will remain at $300 for employees that qualify for this reimbursement. Adopted by the Council this 11th day of December, 2023. ATTEST: __________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 234 Start Hourly Annual Step 6 Step 7 Hourly Annual Hourly Annual Hourly Annual Hourly Annual Step 1 Step 2 Step 3 Step 4 Step 5 Hourly Annual Hourly Annual Hourly Annual 1 20.20 42,015.11 20.824 43,314.54 21.47 Grade 48,926.80 24.25 50,440.00 25.00 52,000.00 2 21.49 44,704.07 22.16 46,086.67 44,654.17 22.13 46,035.23 22.82 47,459.00 23.52 25.03 52,058.12 25.80 53,668.16 26.60 55,328.0022.84 47,512.04 23.55 48,981.48 24.28 50,496.37 55,385.14 27.45 57,098.08 28.30 58,864.00 4 24.34 50,619.80 25.09 52,185.36 50,548.52 25.05 52,111.88 25.83 53,723.59 26.63322.87 47,561.10 23.57 49,032.06 24.30 28.34 58,947.01 29.22 60,770.11 30.12 62,649.6025.87 53,799.34 26.67 55,463.24 27.49 57,178.60 62,039.18 30.75 63,957.92 31.70 65,936.00 6 27.25 56,686.78 28.10 58,439.98 56,621.49 28.06 58,372.67 28.93 60,178.01 29.83525.61 53,275.15 26.41 54,922.84 27.22 31.74 66,012.04 32.72 68,053.65 33.73 70,158.4028.97 60,247.41 29.86 62,110.73 30.78 64,031.68 70,239.31 34.81 72,411.66 35.89 74,651.20 8 29.28 60,905.10 30.19 62,788.76 64,105.53 31.77 66,088.17 32.76 68,132.14 33.77729.00 60,316.89 29.90 62,182.36 30.82 34.10 70,924.29 35.15 73,117.82 36.24 75,379.2031.12 64,730.69 32.08 66,732.67 33.08 68,796.56 79,476.69 39.39 81,934.74 40.61 84,468.80 10 34.91 72,618.91 35.99 74,864.85 72,536.23 35.95 74,779.62 37.06 77,092.40 38.21932.81 68,249.34 33.83 70,360.14 34.87 40.66 84,565.08 41.91 87,180.50 43.21 89,876.8037.11 77,180.27 38.25 79,567.29 39.44 82,028.13 89,966.60 44.59 92,749.07 45.97 95,617.60 12 39.90 82,988.24 41.13 85,554.88 82,110.09 40.70 84,649.58 41.96 87,267.61 43.251137.14 77,257.38 38.29 79,646.78 39.48 46.46 96,640.22 47.90 99,629.09 49.38 102,710.4042.40 88,200.92 43.72 90,928.78 45.07 93,741.01 102,824.56 50.96 106,004.70 52.54 109,283.20 14 45.17 93,962.58 46.57 96,868.64 93,845.20 46.51 96,747.63 47.95 99,739.83 49.431342.45 88,298.95 43.76 91,029.84 45.12 52.61 109,419.90 54.23 112,804.02 55.91 116,292.8048.01 99,864.59 49.50 102,953.18 51.03 106,137.30 116,406.64 57.70 120,006.85 59.48 123,718.40 16 51.13 106,348.64 52.71 109,637.77 106,241.20 52.66 109,527.01 54.29 112,914.45 55.961548.06 99,962.34 49.55 103,053.96 51.08 59.54 123,843.52 61.38 127,673.73 63.28 131,622.4054.34 113,028.64 56.02 116,524.37 57.75 120,128.22 67.34 140,067.20 18 57.89 120,415.29 59.68 124,139.47 120,280.47 59.62 124,000.49 61.46 127,835.56 63.361754.41 113,171.89 56.09 116,672.05 57.83 61.53 127,978.85 63.43 131,936.96 65.39 136,017.49 131,789.23 65.32 135,865.18 149,187.60 73.94 153,801.65 76.23 158,558.40 Compensation Plan Employee Pay Grades and Steps For 2024 BUDGET 136,159.50 67.49 140,370.62 69.57 144,711.98 71.721961.59 128,112.46 63.50 132,074.70 65.46 67.42 140,224.21 69.50 144,561.04 71.65 149,032.00 235 EMPLOYEE COMPENSATION PLAN POSITION GRADES 1 0 – 76 2 77 – 89 Grade Point Range Local 12 Local 49 Non-Union Positions in Grade Custodian/Grounds Keeper (PT) 4 104 – 113 5 114 – 127 3 90 – 103 Admin Support; Admin Support- Police; Community Service Officer; 6 128 – 143 7 144 – 164 Clubhouse Manager Events Coordinator (E) 8 165 – 186 Management Assistant; Planning Assistant Parks Maintenance Worker; PW Maintenance Worker 9 187 – 233 Office Manager (E); 10 234 – 299 11 300 – 345 Building Inspector; IT Technician (E) Accountant (E); City Planner (E) PW Supervisor-Streets; PW Supervisor Water/Sewer 236 EMPLOYEE COMPENSATION PLAN POSITION GRADES 13 399 – 458 Public Works Superindent ( E ); Parks and GC Superintendent (E) 14 459 – 517 12 346 – 398 City Clerk (E); 16 648 – 843 Public Works Director/City Engineer (E);Community Development Director (E) 17 844 – 970 Finance Director (E) 15 518 – 647 Deputy Chief (E) 18 971 – 1068 Police Chief (E) 19 1069 – 1176 City Administrator/City Engineer (E) (E) = Exempt 237 Item No.: 18 Date: December 11, 2023 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda Item Description: #LA23-000061, Amy Eakman with Outdoor Excapes o/b/o Jereme and Stephanie Tom, 2601 Casco Point Road Variance – Resolution No. 7433 1.Purpose: The propose of the action is to review a variance application for retaining walls within the 75-foot lakeyard. 2.MN§15.99 Application Deadline: The application was received on October 18, 2023 and considered to be complete on October 26, 2023. Therefore the 60-Day review period expired on December 25, 2023. 3.Background/Summary: The applicant is proposing to construct a new lake stair and two new retaining walls within the lakeyard. The property is experiencing erosion on the hillside that is impacting an existing lakeside shed and mature oak tree. The property currently has some boulders that are no longer preserving the hillside. While new lake stairs are permitted in the lakeyard, retaining walls are not and therefore, a setback variance has been requested. The City Council has altered the City Code pertaining to retaining walls within the lakeyard, however this change does not go into effect until January 2024. 4.Planning Commission Vote and Comment: The applicant has provided letters of support from the neighbors. No other public comment has been received. 5.Public Comment: The applicant has provided letters of support from the neighbors. No other public comment has been received. 6.Staff Recommendation: Staff recommends approval of Resolution 7433 with the following condition: 1. Additional screening of walls be implemented to preserve the natural vegetated view from the lake where feasible. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve of Resolution 7433 approving a lake setback variance to allow new retaining walls within the lakeyard with the following condition: 1. Additional screening of walls be implemented to preserve the natural vegetated view from the lake where feasible. Exhibits Ex. A Draft Resolution 7433 238 Ex. B Plans Ex. C Draft Minutes 11202023 Ex. D PCSR 239 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7433 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000061 WHEREAS, on October 18, 2023, Amy Eakman with Outdoor Excapes o/b/o Jereme and Stephanie Tom (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 2601 Casco Point Road and legally described as: That part of Block 1, and that part of Lots 14, 15, and 16, Block 2, and that part of abandoned Orono Avenue, all in “Winship’s Subdivision of Lot 1, Spring Park, 2nd Division, described as commencing at the Northeasterly corner of Lot 141, Spring Park; thence Northeasterly along the extension of the Easterly line of said Lot 141 a distance of 94.5 feet to the point of beginning; thence Northwesterly, deflecting to the left 101 degrees 13 minutes, to the shore of Lake Minnetonka, said line hereinafter referred to as Line “A”; thence Northerly along said shore to the North line of said Block 1; thence East to the point of intersection of the North line of said Lot 14 with a line drawn parallel with and 30 feet Northwesterly from the Northeasterly extension of the Westerly line of Lots 14, 15, 16, and 17, Block 3 “Winship’s Subdivision of Lot 1, Spring Park, 2nd Division; thence southwesterly along said parallel line to its intersection with the Southeasterly extension of said Line “A”; thence Northwesterly along the extension of said Line “A” to the point of beginning. According to the recorded Plat thereof. (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for a setback variance from City Code Section 78-1279 in order to construct new retaining walls within the lakeyard; and WHEREAS, on November 20, 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 November 20, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on December 11, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: 240 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7433 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000061. 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 18,317 square feet in area and has a defined lot width of 60 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. 75-foot Lakeshore Setback 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 . . . .” Preserving and protecting existing trees in the lake yard is in harmony with the intent of the ordinance. The requested variance will preserve a hillside from erosion and protect an existing mature oak tree. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed retaining walls will continue to maintain the integrity of the slope and protect the existing tree and shed. The proposal is 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. 241 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7433 3 The owner proposes to install two new retaining walls which are residential in nature and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicant has proposed retaining walls to protect the existing tree and existing shed on the property. There are existing boulders on the property that are no longer preserving the hillside. The proposed walls will support a new lake stair and preserve the integrity of an existing shed and mature tree. The current erosion of the hillside is not the result of actions by the owner; and c. The variance, if granted, will not alter the essential character of the locality.” The variance to permit two new retaining walls within the 75-foot lake setback will preserve an existing tree and existing structure on the property. This will preserve the character of the area. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential use is a permitted use in the LR-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 erosion of the hillside and the existing conditions of the property are unique conditions affecting 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 issue of erosion on the hillside on the subject property does not apply to any adjacent properties. This criterion is met. 242 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7433 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a setback variance to allow the retaining walls within the 75- foot lake setback to support a new lake stair and preserve a mature oak tree and existing shed is a reasonable solution. The variance is supported by practical difficulty. 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 lake yard setback variance allowing new retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 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 proposed walls within the lake yard will continue to preserve the integrity of the slope, existing tree, and existing shed. Preserving the existing conditions of the property are not a convenience. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the construction of new retaining walls within the required lake setback (75 feet) of Lake Minnetonka. 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 Exhibit A. 3. Additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. An inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (December 11, 2024). 243 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7433 5 6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of December, 2023. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 244 245 246 247 248 249 250 251 252 MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 Chair Ressler opened the public hearing at 7:16 p.m. There were no public comments. Chair Ressler closed the public hearing at 7:16 p.m. Ressler said it sounded like a good plan. Kraemer said any time you get that reduction in hardcover he is in support. Libby moved, Kraemer seconded, to approve LA23-000060, 3600 Casco Ave. Variances as applied. VOTE: Ayes: 5, Nays 0. 3. LA23-000061 OUTDOOR EXCAPES, 2601 CASCO POINT ROAD, REQUESTS A 75 FOOT LAKE SETBACK VARIANCE FOR THE CONSTRUCTION OF RETAINING WALLS WITHIN THE LAKEYARD. City Planner Nye explained the applicant is proposing to construct a new lake stair and two new retaining walls within the lakeyard. The property is currently experiencing erosion on the hillside that is impacting an existing lakeside shed and oak tree. The property has some boulders that are no longer preserving the hillside. While new lake stairs are permitted within the lakeyard, a variance is required for any new retaining walls within the 75-foot lake setback. The applicant has identified the erosion of the hillside and protection of the existing shed and mature tree as practical difficulties supporting the requested variance. Staff finds the existing conditions of the property and the preservation of the existing structure and tree as practical difficulties which support the variance request. Staff recommends approval of the lake setback variance for the construction of two new retaining walls as proposed with the condition that additional screening of the walls where feasible be implemented to preserve the natural vegetated view from the lake. Drew Torrence of Outdoor Excapes spoke for the applicant explaining the proposal is trying to solve the problem of erosion and would serve a functional purpose of holding up the hillside. He said what they are proposing would also be a dramatic improvement from an aesthetic standpoint. Chair Ressler opened the public hearing at 7:23 p.m. The owner of the home introduced himself but had no additional comments. Chair Ressler closed the public hearing at 7:23 p.m. Ressler pointed out the staff described the improvements as minimal and staff doesn’t use that term lightly. Schultze moved, Libby seconded, to approve LA23-000061, 2601 Casco Point Rd. Variances as applied. VOTE: Ayes: 5, Nays 0. OTHER BUSINESS Peak Agenda Management Introduction 253 Date Application Received: 10/18/2023 Date Application Considered as Complete: 10/26/2023 60-Day Review Period Expires: 12/25/2023 To: Chair Bolis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: November 20, 2023 Subject: #LA23-000061, Amy Eakman with Outdoor Excapes o/b/o Jereme & Stephanie Tom, 2601 Casco Point Road - Variance, Public Hearing Background The applicant is proposing to construct a new lake stair and retaining walls within the lakeyard. The property is currently experiencing erosion on the hillside that is impacting an existing lakeside shed and oak tree. The property currently has some boulders that are no longer preserving the hillside. The proposed design will protect the structural integrity of the shed and preserve a mature oak tree within the lakeyard. While new lake stairs are permitted within the lakeyard, a variance is required for any new retaining walls within the 75-foot lake setback. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the erosion of the hillside and protection of the existing shed and mature tree as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds the existing conditions of the property and the preservation of the existing structure and tree as practical difficulties which support the variance request. The new retaining walls would support and protect the existing tree and existing shed on the property. Vegetative screening of the walls should be installed where possible. LOT ANALYSIS WORKSHEET Section 78-1279 – Setbacks: No retaining walls are permitted within the 75-foot lakeshore setback and therefore a setback variance is required. The proposed retaining walls are 28 feet and 50 feet from the OHWL. Section 78-1680 and 78-1700 – Hardcover Calculations: Retaining walls are excluded from the hardcover calculations. The property is compliant with the Application Summary: The applicant is requesting a 75-foot lake setback variance for the construction of new retaining walls within the lakeyard. Staff Recommendation: Planning Department Staff recommends approval. 254 FILE #LA23-000061 November 20, 2023 Page 2 of 4 maximum hardcover requirement of 25%. Applicable Regulations: Lake Setback Variance (Section 78-1279) Retaining walls are not permitted within 75 feet of the lake, in order to construct two new retaining walls to replace the existing boulders, a setback variance has been requested. 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. Preserving and protecting existing trees in the lake yard is in harmony with the intent of the ordinance. The requested variance will preserve a hillside from erosion and protect an existing mature oak tree. This criterion is met. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls will continue to maintain the integrity of the slope and protect the existing tree and shed. The proposal is 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 proposes to install two new retaining walls which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The applicant has proposed retaining walls to protect the existing tree and existing shed on the property. There are existing boulders on the property that are no longer preserving the hillside. The proposed walls will support a new lake stair and preserve the integrity of an existing shed and mature tree. The current erosion of the hillside is not the result of actions by the owner; and c. The variance will not alter the essential character of the locality. The variance to permit two new retaining walls within the 75-foot lake setback will preserve an existing tree and existing structure on the property. This will preserve the character of the area. This criterion is met. 255 FILE #LA23-000061 November 20, 2023 Page 3 of 4 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 permitted to support a residential 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 erosion of the hillside and the existing conditions of the property are unique conditions affecting 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 issue of erosion on the hillside on the subject property does not apply to any adjacent properties. 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. Granting a setback variance to allow the retaining walls within the 75-foot lake setback to support a new lake stair and preserve a mature oak tree and existing shed is a reasonable solution. The variance is supported by practical difficulty. 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 lake yard setback variance allowing new retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 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 proposed walls within the lake yard will continue to preserve the integrity of the slope, existing tree, and existing shed. Preserving the existing conditions of the property are not a convenience. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant has provided two letters from the adjacent neighbors in support of the variance request. 256 FILE #LA23-000061 November 20, 2023 Page 4 of 4 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 lake setback variance for the construction of two new retaining walls as proposed with the following condition: 1. Additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Narrative Exhibit D. Plans Exhibit E. Renderings Exhibit F. Hardcover Calculations Exhibit G. Existing Survey Exhibit H. Site Photos Exhibit I. Neighbor Support Letters Exhibit J. Address List & Map 257 Item No.: 19 Date: December 11, 2023 Presenter: Melanie Curtis Planner Agenda Section: Community Development Report Item Description: #LA23-000045, Ellette Anderson, Vacation of ROW between 1250 and 1260 Spruce Place 1.Purpose: This application is regarding vacation of an unimproved right-of-way. 2.MN§15.99 Application Deadline: The application was received on August 14, 2023 and considered to be complete on October 16 th. The 60-Day review period would have expired on December 13th but has been extended until February 13, 2024. 3.Background/Summary: The applicants are requesting to vacate the unimproved right-of-way situated between 1250 Spruce Place (owned by James & Melissa Easley) and 1260 Spruce Place (owned by Ellie Anderson & Rob Perez). This unimproved right-of-way is also known as “Lake Street” on the plat of Saga Hill, Revised, and terminates at the OHWL of North Arm Bay. There are no City utilities within the right-of-way. Within the right-of-way there are riprap spillways facilitating overland drainage from Spruce Place, retaining walls, and approximately 900 square feet of the Easleys’ driveway accessing their side load garage. 4.Analysis: City Engineer Adam Edwards provided the following comments on the request: “I do not recommend vacating the right of way. Although heavily encroached, the site serves as a draining way for the area. The site has also been identified as a possible future public accessway to the lake. Areas that provide a public purpose should not be vacated.” The right-of-way corridor addressed in this application is identified on our Comprehensive Plan Lake Access Point Map as having no public access. The City does not have any Park improvements in that area. The right-of-way has a public purpose serving as a drainage way for the area. Public access to the lake is provided in by Sandy Beach which is located to the south, and the City’s fishing dock off of Loma Linda Avenue to the north. Both are less than 500-feet from this location. The challenge with vacating rights-of-way is that vacation is final. Should the public or the City have access or utility needs in the future, the cost to taxpayers to reacquire the property will be at a AGENDA ITEM 258 premium. For this reason, vacation significantly reduces options for the City in the future. 5.Planning Commission Vote and Comment: On November 20th, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 5 to 0 on a motion in favor of vacation with the condition that the City maintain a drainage easement. The applicants stated they are amenable to the city maintaining a drainage easement. 6.Public Comment: Supportive comments from the public were received and are attached as Exhibit C. There were neighbors in attendance who spoke in favor of the vacation at the meeting. Refer to the draft meeting minutes for more detail. 7.Staff Recommendation: Staff recommends denial of the request to vacate the right-of-way at this time as there is currently a public benefit for drainage purposes and the future purpose of the land is undetermined. Should the Council find that the right-of-way does not have a public purpose and decides vacation is appropriate, staff recommends the City maintain a drainage easement over the area. Further encroachment agreements must be created for any existing encroachments within the easement. COUNCIL ACTION REQUESTED Council should direct staff to draft a resolution reflecting their decision. Exhibits Ex. A Survey Maps Ex. B Draft PC Min Ex. C Public Comments Ex. D PCSR 259 260 261 262 263 264 265 266 267 268 MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Jon Ressler, Commissioners Dennis Libby, Ted Schultze, Bob Erickson, and Gary Kraemer. Commissioners Chris Bollis and Mark McCutchen were absent. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. Acting Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved, Schultze seconded, to approve the Agenda. VOTE: Ayes 5, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER 16, 2023 Kraemer moved, Schultze seconded, to approve the minutes of the Orono Planning Commission meeting of October 16, 2023. VOTE: Ayes 5, Nays 0. PUBLIC HEARINGS 1. LA23-000045 ELLETTE ANDERSON AND JAMES & MELISSA EASLEY, 1250 SPRUCE PLACE & 1260 SPRUCE PLACE, REQUEST VACATION OF THE ADJACENT UNIMPROVED RIGHT-OF-WAY OF "LAKE STREET". City Planner Curtis gave a presentation on the item, stating the applicant is requesting to vacate the unimproved right-of-way situated between 1250 Spruce Place (owned by James & Melissa Easley) and 1260 Spruce Place (owned by Ms. Anderson, the applicant). This unimproved right-of-way is also known as “Lake Street” on the plat of Saga Hill, Revised, and it terminates at the High Water Level of North Arm Bay. There are no City utilities within the right-of-way, however there are riprap spillways facilitating overland drainage from Spruce Place and approximately 900 square feet of the Easleys’ driveway. The City Engineer does not recommend vacating the right of way as the site serves as a draining way for the area and has also been identified as a possible future public accessway to the lake. The City does not have any Park improvements in that area. The access has a public purpose because of the drainage way, Curtis said. There are identified lake access points in this area including Sandy Beach located to the south, which is established as a swimming beach, and the City’s fishing dock off of Loma Linda Avenue to the north. Both access points are less than 500 feet from this location. Curtis explained the challenge with vacating rights-of-way is that vacation is final. Should the public or the City have access or utility needs in the future, the cost to taxpayers to reacquire the property will be at a premium, she said, so vacation reduces options for the City in the future. The Department of Natural Resources (DNR) also opposes the vacation as it does not provide a public benefit and does not protect future public use of the land to access the lake. Public comments in support of the vacation were received. Staff recommends denial of the request to vacate the right-of-way at this time as there is currently a public benefit for drainage purposes and the future purpose of the land is undetermined. Libby asked if the area is served by City water or private wells. Curtis said the parcels have private wells. 269 MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 Ressler asked how this vacation might differ from other vacation requests in the City. Curtis said each vacation request is reviewed individually and staff looks at the use for the right-of-way in each case. Ellette Anderson, 1260 Spruce Place, one of the applicants, said when her parents bought the property in 1962 the easement was a muddy mess with litter and broken glass and beer cans and old docks. In the 1970s the City determined the easement was not suitable as a lake access, in part because it can fill up with water three feet deep. The public has not used the access in 40 years. She said there are two places very nearby that are much better lake access. The water that drains in the easement has come into their basement, she said, requiring them to spend $15,000 on tiling. The family has maintained the easement for 40 years with mowing, boulders and cleaning. They also spent $20,000 on riprap at the shore. Another benefit, she said, would be that the Easleys could pave their gravel driveway, eliminating problems from gravel run-off. It is the only driveway on the street that is not paved. She said both applicants would pay more taxes if the easement was vacated which is money that could be spent on the other nearby access points. James Easley, 1250 Spruce Place, noted that drainage on that easement serves the whole area and the water is sometimes 10 to 15 feet wide. They occasionally get trenches in their driveway from washouts. He said there are a number of really nice trees in the center of the easement, adding the neighbors have done a nice job of landscaping and taking care of the easement in such a way that it keeps the water out of their homes. Chair Ressler opened the public hearing at 6:16 p.m. Scott Youngstrand, 1270 Spruce Place, said his grandparents once lived in the Easley home. so he can speak to the 40 years that it has just been a drainage ditch. He said they are in favor of vacating the easement and that if concern is access for the public, there is a very nice access right up the street. Heather Youngstrand, 1270 Spruce Place, also said she also supported the vacation. Phillip Casey, 1318 Spruce Place, asked about the DNR’s reasons for opposing the vacation of the easement. He recommended the Planning Commissioners drive by and take a look as it appears like normal residential lots. He said the easement is so narrow and that anything that was put in there would be a nuisance for the neighbors on either side. Curtis said the DNR does not typically support a vacation unless the vacation itself serves a public purpose. Jennifer Linder, 1240 Spruce Place, said she has been in her home for 14 years. She said the gully would not serve any purpose to the public and during a power outage it is so full of water that you could raft down it. It is of no value to the public for recreation, she said. Leslee Casey, 1318 Spruce Place, said her backyard is part of the trail system that connects to public access by Cherry Place and it is enjoyable, easy to get on the lake and is enjoyed by many people in the area. Most people don’t know the easement being discussed is a public access, she said. There is nothing to show it would be a way to the lake. 270 MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 The original owner of the Anderson property, Ms. Anderson’s mother, said she has spent a lot of time and money making sure that watershed works like it should environmentally and she knows her daughter will continue for the next 50 years. Chair Ressler closed the public hearing at 6:23 p.m. Ressler noted the subject of vacations has been polarizing in the City. He said he has been supportive of vacations when there is no chance the easement will have public use and he realizes there is better public access nearby. Schultze asked what would change on that piece of property if the vacation went through. Ms. Anderson said it would be a benefit to the neighborhood to have the Easleys be able to pave or cement their gravel driveway. She said it would also be a safer access for the Easleys. Schultze said it sounds like the neighbors have literally taken ownership of that property and put a lot of time, effort and money into it. Ms. Anderson said they had done so mostly for the water flow issues which benefits the entire area and keeps dirty run-off from the street from going into Lake Minnetonka. She said she would not expect to change anything about the property or build anything there. She would just plan to keep taking care of it as they are. Easley said they would also like to be able to control the drainage by putting in a retaining wall so the drainage would not become a giant river and would match the Andersons on the other side. He said he thought there would still be room to get a vehicle through there down to the lake if necessary. Erickson said the situation provides a model case as to why the lake access section of the City’s comprehensive plan was revised. He complimented the applicants for supplying the City’s letter from 1979 that described that easement and said it was not useful for anything else but foot traffic to the lake and that is should not be used for a boat launch or any other public purpose, which he said supports that there is no public use for this strip of land. He said these policies force land into a situation in which it sits there in limbo. The neighbors can’t improve a driveway because they don’t own the land. He said over half of the old easements in the City are not used by the public but then the City needs to look at them case by case. Usually there are good reasons why they are not used, and the City policy language stipulates that one consideration will be whether there is no other lake access nearby. That is not the case here with two other close accesses, he said, adding this is a real model of one that should be approved. He said the planned improvements would improve their property values and the values for the whole neighborhood. Libby said to state the obvious this isn’t a public access in any way, shape, or form. Historically, these lanes were intended for fire access since there are no hydrants, but pumper trucks no longer pull water from the lake to fight fires. The sticking point here is that if there is a vacation it should serve a larger public good. He said it does serve the good of the two property owners but he doesn’t see that it serves the larger good of the neighborhood or the City so he is not persuaded that the easement should be vacated. He said there was definite benefit to the City in the care the neighbors have taken of the property. He suggested an approval for vacation in conjunction with an easement for drainage. 271 MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 Kraemer said he does not see a public benefit to keeping it or a public benefit to vacating it. He appreciates that the neighbors have taken care of it for many years. He said the Planning Commission is advisory and he would like the City Council to weigh in. Ressler agreed that the land has no benefit for a public use today. He asked if the public benefits from land that cannot be used or from land that is privately maintained and taxed. He also pointed to possible public expense to the City to maintain the land if it remains an easement. He said clearly there would continue to be a need for drainage on that strip of land and possibly a drainage plan could be put in place along with any vacation. He would like to have an engineer evaluate the easement for any drainage improvements. Curtis said the Commission could recommend maintaining the drainage easement along with a vacation. She said if the vacation is approved it would be imperative to maintain the drainage easement. She explained the DNR’s position is a recommendation. Staff would recommend maintaining the drainage easement but any improvements to drainage would be a separate issue. She said the County makes the determination on how the easement would be divided between the two neighboring properties if it is vacated. Kraemer moved, Erickson seconded, to approve LA23-000045, 1250 and 1260 Spruce Place to vacate an unimproved right-of-way contingent upon maintaining a City drainage easement. VOTE: Ayes: 5, Nays 0. 2. LA23-000060 BRIAN BENSON, 3600 CASCO AVENUE, REQUESTS VARIANCES FOR AVERAGE LAKESHORE SETBACK AND HARDCOVER TO EXCEED 25 PERCENT FOR THE CONSTRUCTION OF A NEW HOME. City Planner Nye gave a presentation on the item, stating the applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The property is uniquely shaped with an extreme average lakeshore setback that does not allow a reasonable building envelope. The existing home on the property is entirely forward of the average lakeshore setback line. The property also contains a wide easement. The applicant is requesting variances from average lakeshore setback and to exceed the hardcover maximum of 25 percent in order to construct a new home. The applicant has identified the property’s unique flag shape and position on a point as practical difficulties. The flag-shape of the lot creates a very long driveway that comprises a large percentage of the overall hardcover on the site. The driveway is 355 feet in length and over 15 percent of the overall hardcover. Staff agrees with the applicant’s assessment. The property is a unique shape and does not have a reasonable building envelope due to an extreme average lakeshore setback. Due to the placement of the neighboring homes, building in front of the average lakeshore setback line would not impact their views of the lake. If the property had a standard driveway length, the property would be in compliance with hardcover. Staff finds the variance requests to be reasonable and in character with the neighborhood, as the current home on the site is in a similar location, she said. Staff recommends approval as applied. Brian Benson of Compass Real Easte of Wayzata, representing the developer, spoke as the applicant. He said the situation was an illustration of the need for variances. The new house would be placed in about the same location as the old house. The design of the new house is classic and minimizing massing to fit in with the neighborhood. They are proposing a reduction in hardcover from 34 to 29 percent but would still be over the 25 percent because of the driveway. He noted the neighbor also uses part of the driveway. 272 From:Walter Moe To:Melanie Curtis Subject:Nov.20 agenda item Date:Monday, November 6, 2023 9:43:27 AM Dear Melanie, Re: LA23-000045 vacation of right-of-way. We have lived here on Spruce Place for over 50 years, and we support the vacation as requested. Let us know if we can be more helpful, and share this opinion with other council members. (We are unable to attend the meeting, Nov. 20) Nancy and Wyatt Moe 273 From:John Ryan To:Melanie Curtis Subject:The property that is before you south y neighbors Elle and Rob anderson Date:Friday, November 17, 2023 3:34:23 PM I’d like to give my full approval for the vacation of the land. They are excellent neighbors and take very good care of the property and shore. Thanks Ms Curtis for your kind consideration. Regards John Ryan 1280 spruce place Orono Get Outlook for iOS 274 Minnesota Department of Natural Resources • Central Region 1200 Warner Road, St. Paul, MN 55106 Office of the Regional Director DNR Central Region Headquarters 1200 Warner Road St. Paul, MN 55106 November 17, 2023 Melanie Curtis, Planner City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Street Vacation right of way between and adjacent to 1250 Spruce Place, 1260 Spruce Place and North Arm Lake Dear Ms. Curtis, Thank you for your letter to Commissioner Strommen regarding this proposed road vacation. Your letter was forwarded to me for review and comment, as required by M.S. 412.851. M.S. 412.851 indicates, “No vacation shall be made unless it appears in the interest of the public to do so.” In response “The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources.” Our charge is to evaluate the proposed vacation using M.S. 412.851 criteria. With these criteria in mind, the Department of Natural Resources (DNR) concludes that the proposed vacation does not clearly state how the vacation is to the public benefit. Lake access is vital to community as future land use and population growth can cause a scarcity of these necessary amenities. The DNR is not in favor of the vacation and would encourage the city to preserve public access to the lake. Thank you for the opportunity to comment on the proposed vacation. DNR does not plan to attend the public hearing. Please send us the results of the hearing and the city’s final decision on this road vacation. If you have any questions or concerns about this letter, please contact Nancy Spooner-Walsh, Acquisition and Development Specialist with DNR Parks & Trails, at nancy.spooner-walsh@state.mn.us. You may contact her by phone at 651-259-5874. Thank you. Sincerely, Grant L. Wilson Central Region Director cc: Nancy Spooner-Walsh, Division of Parks and Trails David Olsen, Division of Parks and Trails 275 Date Application Received: 08/14/2023 Date Application Considered as Complete: 10/16/2023 60-Day Review Period Expires: 12/15/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 20 November 2023 Subject: #23-000045, Ellette Anderson Vacation of ROW between 1250 and 1260 Spruce Place Public Hearing Background The applicant is requesting to vacate the unimproved right-of-way situated between 1250 Spruce Place (owned by James & Melissa Easley) and 1260 Spruce Place (owned by Ms. Anderson, the applicant). This unimproved right-of-way is also known as “Lake Street” on the plat of Saga Hill, Revised, and terminates at the OHWL of North Arm Bay. There are no City utilities within the right- of-way. Within the right-of-way there are riprap spillways facilitating overland drainage from Spruce Place, retaining walls, and approximately 900 square feet of the Easleys’ driveway accessing their side load garage. Applicable Regulations:  MN State Statute 412.851 VACATION OF STREETS The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: Application Summary: The applicant is requesting City approval of vacation of undeveloped right-of-way between 1250 and 1260 Spruce Place. Staff Recommendation: Planning Department Staff recommends denial of the request to vacate. 276 FILE # LA23-000045 20 Nov 2023 Page 2 of 4 1. The proposed vacation and the public benefits to do so; 2. the present and potential use of the land for access to public waters; and 3. how the vacation would impact conservation of natural resources. The commissioner must advise the city council or its designee accordingly upon the evaluation. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be recorded with the county recorder. Any failure to file the notice shall not invalidate any vacation proceedings.  MN State Statue 462.358 Subd. 7. Vacation The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve".  Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve.  Orono’s 2020-2040 Comprehensive Plan: Transportation Chapter 4A - Lake access, preservation and management Orono's lakes provide a significant recreational resource for all Orono residents. This value was long ago realized by City leaders. In order to provide lake access for the general public, as well as to provide for fire department access to the lake as a water source, a number of lake access corridors were created as the shore land developed. These typically are platted, dedicated right- of-ways leading from the local road system to the shoreline, and are commonly from 16' to 66' in width. These right-of-ways (often referred to as “fire lanes” or “lake access roads”) vary considerably in their proximity to traffic, parking availability, proximity to housing, lakeshore conditions, and other factors that effect their recreational value. Some of these corridors have been maintained by the City for local swimming beaches or as winter snowmobile and ice-fishing accesses. Certain 277 FILE # LA23-000045 20 Nov 2023 Page 3 of 4 accesses have docks for fishing, and some have ramp areas suitable for launching a small boat. However, most do not have designated parking available, and are primarily intended to serve the neighborhood rather than the general public. A number of these access corridors have steep topography, shallow water depths, undesirable lake bottom conditions, and/or dense vegetation and experience little or no usage. Of the City lake accesses shown on Map 4E-2 (Exhibit G), half of those located outside of Big Island are either undeveloped or closed to public use.  Orono’s 2020-2040 Comprehensive Plan: Chapter 4E Parks, Trails, and Open Spaces • Orono will maintain Lake Access for all residents. With shore land abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. It is the City’s intent to permanently retain for public use all existing lake access corridors and fire lanes, regardless of the current level of use or maintenance. (Supports goal 5) To this end, the City will follow these policies: o Requests for vacation of dedicated lake access right of ways will be evaluated carefully, in particular where equal or better lake accesses are not available nearby. The City will identify and take necessary action to preserve the public’s right to use of any such accesses which exist but which may not have been formally dedicated. o The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landowner are upheld. Engineer Comments City Engineer Adam Edwards provided the following comments on the request: “I do not recommend vacating the right of way. Although heavily encroached, the site serves as a draining way for the area. The site has also been identified as a possible future public accessway to the lake. Areas that provide a public purpose should not be vacated.” Staff Analysis The right-of-way corridor addressed in this application is identified on our Comprehensive Plan Lake Access Point Map as having no public access. The City does not have any Park improvements in that area. The access has a public purpose serving as a drainage way for the area. There are identified lake access points in this area. Sandy Beach is located to the south which is established as a swimming beach, and the City’s fishing dock off of Loma Linda Avenue to the north. Both are less than 500-feet from this location. The challenge with vacating rights-of-way is that vacation is final. Should the public or the City have access or utility needs in the future, the cost to taxpayers to reacquire the property will be at a premium. For this reason, vacation reduces options for the City in the future. The subject right of way secures opportunity for future access to the adjacent properties. DNR Comments At the time of the writing of this memo, we have not received the written comments from the Minnesota Department of Natural Resources (DNR). However, staff has spoken with the DNR representative, they have reviewed the vacation request and provided verbal comments: the DNR opposes the vacation. The basis for their opposition is that the proposed vacation does not provide a public benefit nor does it protect future public use of the land to access the lake. Written comment will be provided upon receipt. Public Comments Comments received from the public are attached as Exhibit H. 278 FILE # LA23-000045 20 Nov 2023 Page 4 of 4 Issues for Consideration 1. Does the land have a public benefit? 2. Does this request meet the statutory requirements for approval? 3. Would approving this action set precedent for future lake access vacations? 4. Are there any issues or concerns with this application? Planning Staff Recommendation Staff recommends denial of the request to vacate the right-of-way at this time as there is currently a public benefit for drainage purposes and the future purpose of the land is undetermined. List of Exhibits Exhibit A. Application Exhibit B. Proposed Vacation Exhibit C. Legal Description Exhibit D. Aerial Photos Exhibit E. Utility Company Notifications & Responses Exhibit F. DNR Notification Exhibit G. Comp Plan Map 4E-2 Lake Access Points Exhibit H. Comments from the Public Exhibit I. City Engineer Comment Exhibit J. Property Owners List Exhibit K. Plat Map 279 Item No.: 20 Date: December 11, 2023 Presenter: Adam Edwards City Administrator Agenda Section: Finance Report Item Description: Adopt 2024 Long Lake Fire Operating Budget 1.Purpose: The purpose of this item is to gain approval of the 2024 Long Lake Fire Operating Budget. 2.Background/Summary: A. Background. The terms of the 2002 Agreement and Contract for Fire Protection between the Cities of Long Lake, Medina, and Orono, requires the City of Long Lake to provide the next year’s Annual Fire Services Operating Budget to the contract cities by August 15th. Long Lake did provide the operating budget to the contract cities for their approval. At the September 25th 2023 council meeting the city council tabled the adoption of the 2024 Long Lake Fire Operating Budget. Since then, the Orono members of the LLFD Fire Advisory Board have been working with the rest of the Board members to address concerns about the new duty crew program, planned expenditures, and account for the removal of the Navarre service area from LLFD beginning in July 2024. B. 2024 Budget Highlights. The 2024 LLFD budget is a departure from previous years due to the beginning of the transition period as the existing contract comes to an end. Key budget changes are: (1). Implementation of a Volunteer Duty Crew Program . LLFD established a duty crew program in August of 2023 using Long Lake Grant funds. The program is aimed at improving response times by targeting in services times with a goal of 2 minutes and providing an opportunity to improve firefighter skill levels through training and station activities. The duty crew program offers a cost-effective means of attempting to improve readiness through training opportunities and has the potential to improve response times once fully executed. The 2024 budget proposal includes partial funding to continue this program. The department and Fire Advisory Board will continue to evaluate and adjust this program as it develops throughout the year. (2). Reduction of Navarre Service Area. In June of 2023, under the terms of the Fire Services Agreement, the city notified Long Lake that effective July 1st, 2024 the Navarre area was being removed from the fire service area of Long Lake Fire. This change will affect the cost allocation formula for the third and fourth quarter. The budget as proposed has not been adjusted to reflect the expected reduced work load however Staff proposes to assess and bring a budget adjustment to the Fire Advisory Board and partner cities in the 3rd/ 4th quarters. (3). Wage. The 2024 budget includes wage adjustments for Firefighters to bring them in line with surrounding departments. The budget proposes and increase from $13/hr to $15.65/hr. C. Cost. Contract costs are allocated to each contract city based on the following allocation AGENDA ITEM 280 formula: 30% of each city’s call hours + 70% of property value. This amount is then multiplied by the operating budget amount. For 2024 this formula is applied twice once to the 1st 6 month at unadjusted and then the 2nd 6 months removing the call hours and property values associated with the portion of the Navarre area being removed from LLFDs area. Based on the current budget and the revised allocation formula, Orono’s cost for Long Lake Fire Department services will be $629,351 for 2024. This is an increase of $74,215 (13%) over the 2023 budget. Orono's Cost 1st and 2nd Quarter 2024 $ 332,467 3rd and 4th Quarter 2024 $ 296,883 TOTAL $ 629,351 D. Funding. The cost of the fire services provided by the Long Lake Fire Department will be paid out of the Fire Department budget in the 2024 General Fund budget. The levy as proposed has sufficient funding to cover this cost. 3.Process: The approval of this item will be conducted in two motions. One motion will be for the LLFD Operation budget less the Fire Call Pay increase, Training Pay Increase and Duty Crew Pay. The second will be for the Fire Call Pay increase, Training Pay Increase and Duty Crew Pay line in the proposed budget. The purpose of dividing the budget approval is to allow Council Member Veach to recuse herself from the pay related items in order to eliminate any real or perceived conflict of interest. As a matter of practicality both motions would need to be approved for the budget to be approved. 4.Staff Recommendation: I recommend approval of the 2024 Long Lake Fire Department budget as presented. The budget provides an appropriate compensation increase for firefighters bringing their pay closer to neighboring departments. It also provides resources to improve readiness and response times through the new duty crew program. COUNCIL ACTION REQUESTED 1. Motion to approve the 2024 Long Lake Fire Operating Budget less pay and duty crew budget lines. 2. Motion to approve the 2024 Long Lake Fire Operation Budget Fire call and training pay increases and the Duty Crew Pay. Exhibits Ex. A 2024 LLFD Budget Allocations.pdf Ex. B LLFD 2024 Operating Budget V2.pdf Ex. C LLFD Duty Crew Program.pdf 281 Call Hours Hours % Hours % Hours % Excludes Mutual Aid & M Beach 2020 4,292 3,641 84.83% 528 12.30% 123 2.87% 2021 5,299 4,200 79.26% 761 14.36% 338 6.38% 2022 6,132 4,932 80.43% 893 14.56% 307 5.01% Total 15,723 12,773 2,182 768 Annual Average 5,241 4,258 81.24% 727 13.88% 256 4.88% Weighting Factor 30% 24.37% 4.16% 1.47% Millions Millions Millions Estimated Market Value 5,032.09 4,342.58 86.30% 375.51 7.46% 314.00 6.24% Weighting Factor 70% 60.41% 5.22% 4.37% Combined Allocation Factors 100% 84.78% 9.39% 5.83% Allocated Amounts Net Operating Budget 392,155$ 332,467 36,811 22,876 (Excluding M Beach) Call Hours Hours % Hours % Hours % Excludes Mutual Aid & M Beach 2020 2,949 2,298 77.92% 528 17.91% 123 4.17% 2021 3,781 2,682 70.93% 761 20.13% 338 8.94% 2022 4,497 3,297 73.31% 893 19.86% 307 6.83% Total 11,226 8,276 2,182 768 Annual Average 3,742 2,759 73.72% 727 19.44% 256 6.84% Weighting Factor 30% 22.12% 5.83% 2.05% Millions Millions Millions Estimated Market Value 2,941.07 2,251.56 76.56% 375.51 12.77% 314.00 10.68% Weighting Factor 70% 53.59% 8.94% 7.47% Combined Allocation Factors 100% 75.71% 14.77% 9.53% Allocated Amounts Net Operating Budget 392,155 296,883 57,915 37,356 (Excluding M Beach) Annual Allocation TOTAL 2024 784,309$ 2023 654,607$ Change 129,702$ % Change 20% % of budget Long Lake Fire Budget Allocation January - June 2024 Orono Long Lake Medina Orono Long Lake Medina Orono Long Lake Medina Long Lake Fire Budget Allocation July - Dec 2024 Long Lake Fire Budget Allocation Total 629,351$ 555,136$ 74,215$ 13% 80% 94,727$ 61,466$ 33,261$ 54% 12% 60,232$ 38,196$ 22,036$ 58% 8% 282 0.5625 0.3741 0.06343 Account Account 42280 42281 42282 42285 42286 Minnetonka 2024 Percent Dollar Budget Number Description Admin Stn #1 Ops Stn #1 Bldg Stn #2 Ops Stn #2 Bldg Beach Budget Increase Increase 2023 1 1000 FT Chief Sal $112,000 $112,000 0.61%675$ 111,325$ 1060/1065 Fire Call Pay (6700 Hrs x $15.65= $104,858)$58,981 $39,226 $6,651 $104,858 36.45%28,008$ 76,850$ 1075 Training Pay (4075 Hrs x $15.650= $63,774 $35,872 $23,857 $4,045 $63,774 25.02%12,764$ 51,010$ 1080 Fire Officer Pay $20,638 $1,000 $21,638 20.38%3,663$ 17,975$ 1085 Duty Crew Pay ( All shifts) $93,600 x60%=$59,280 $33,780 $21,000 $4,500 $59,280 59,280$ -$ 1210 PERA $21,000 $500 $21,500 0.00%-$ 21,500$ 1220 FICA $4,000 $6,000 $4,150 $850 $15,000 1.01%150$ 14,850$ 1310/1130 Employer Paid Health/Insurance Opt Out $14,500 $635 $350 $15,485 -0.67%(105)$ 15,590$ 1510 Work Comp Ins $44,000 $44,000 10.00%4,000$ 40,000$ Subtotal Sal & Benefits $216,138 $135,268 $0 $88,583 $0 $17,546 $457,535 31.21%108,435 347,475$ 2010 Office Supplies $1,000 $1,000 0.00%-$ 1,000$ 2030 Printed Forms $500 $500 0.00%-$ 500$ 2080 Training/ Instruct Materials $250 $500 $150 $900 -25.00%(300)$ 1,200$ 2120 Motor Fuels $11,500 $3,700 $2,300 $17,500 6.06%1,000$ 16,500$ 2150 Shop Supplies $1,500 $200 $500 $2,200 10.00%200$ 2,000$ 2160 Chemicals / Foam $750 $250 $500 $1,500 0.00%-$ 1,500$ 2175 Fire Prevention Materials $1,500 $1,500 25.00%300$ 1,200$ 2180 Uniforms $500 $500 0.00%-$ 500$ 2190 Medical Supplies $2,000 $1,000 $800 $3,800 52.00%1,300$ 2,500$ 2210 Equipment Parts $2,000 $750 $750 $3,500 16.67%500$ 3,000$ 2215 SCBA Equipment Parts $400 $500 $900 28.57%200$ 700$ 2230 Bldg & Grounds Maint Supp $750 $500 $1,250 0.00%-$ 1,250$ 2400 Small Tools $2,800 $2,500 $1,500 $6,800 4.62%300$ 6,500$ 2410 Protective Gear / Uniforms $5,000 $4,000 $1,000 $10,000 0.00%-$ 10,000$ 2415 Turn Out Gear $20,000 $11,000 $3,000 $34,000 6.25%2,000$ 32,000$ Subtotal Supplies $3,750 $46,450 $750 $24,050 $500 $10,350 $85,850 6.88%5,500 79,900$ 3000 Prof Services(Lexipol SOP Hose&Ladder Testing)$3,000 $4,000 $750 $2,500 $900 $2,100 $13,250 15.22%1,750$ 11,500$ 3010 Auditing/Accounting Services for RA $6,200 $6,200 55.00%2,200$ 4,000$ 3050 Physicals Other Medical $8,500 $8,000 $16,500 6.45%1,000$ 15,500$ 3090 Computer Software Support $6,000 $6,000 140.00%3,500$ 2,500$ 3110 W.A.F.T.A. Dues $2,000 $2,000 0.00%-$ 2,000$ 3120 Legal Fees $2,000 $2,000 0.00%-$ 2,000$ 3150 LL Administration Fee $18,000 $18,000 0.00%-$ 18,000$ City of Long Lake LL Fire Department Operating Expenses 2024 Operating Budget 283 3230 Cell Phones (Nextel/Sprint)$1,500 $3,250 $1,000 $5,750 9.52%500$ 5,250$ 3235 800 mHz Radio Admin Fee $12,000 $6,500 $1,500 $20,000 25.00%4,000$ 16,000$ 3275 Internet (MediaCom)$8,300 $0 $7,000 $15,300 2.00%300$ 15,000$ 3280 Pagers / Radios (Ancom)$750 $500 $250 $1,500 -66.67%(3,000)$ 4,500$ 3285 Radio Lease $4,100 $3,100 $1,000 $8,200 8,200$ 3310 Travel / Mileage Reimb $400 $500 $500 $1,400 40.00%400$ 1,000$ 3350 Education / Conferences $4,500 $12,000 $8,000 $4,000 $28,500 1.79%500$ 28,000$ 3355 Vehicle License Registration $100 $100 100$ 3610 General Liability Insurance $9,500 $9,500 0.00%-$ 9,500$ 3810 Electricity Exp (Excel)$12,500 $4,500 $17,000 6.25%1,000$ 16,000$ 3820 City Water/Sewer/Storm $3,100 $2,300 $5,400 10.20%500$ 4,900$ 3830 Natural Gas (CenterPoint)$8,000 $3,500 $11,500 15.00%1,500$ 10,000$ 3840 Custodial & Waste Removal $9,000 $7,000 $16,000 6.67%1,000$ 15,000$ 3845 Lawn & Turf Maintenance $2,100 $1,500 $3,600 2.86%100$ 3,500$ 4010 Bldg Maint & Repair $16,000 $9,500 $25,500 4.08%1,000$ 24,500$ 4030 Light Truck Maint/Repair $5,000 $1,500 $1,500 $8,000 6.67%500$ 7,500$ 4035 Heavy Truck Maint/Repair $12,000 $5,500 $1,500 $19,000 5.56%1,000$ 18,000$ 4040 Other Equip/Boat Maint $3,000 $2,000 $500 $5,500 10.00%500$ 5,000$ 4045 Insurance Claim Expenses $250 $250 0.00%-$ 250$ 4135 Copier Maintenance $650 $650 0.00%-$ 650$ 4300 Miscellaneous $1,500 $1,500 0.00%-$ 1,500$ 4330 Dues & Subscriptions $2,750 $2,750 10.00%250$ 2,500$ 4450 Meeting Supplies $1,500 $1,500 50.00%500$ 1,000$ 4600 Recognition Expenditures $1,000 $1,000 0.00%-$ 1,000$ Subtotal Purchased Svcs $60,850 $65,100 $59,750 $39,100 $36,200 $12,350 $273,350 11.28%27,300 242,050$ $0 5710 Computer/Printer Replac $4,000 $4,000 0.00%-$ 4,000$ 5800 Other Equip $4,000 $4,000 0.00%-$ 4,000$ Subtotal Capital $8,000 $0 $0 $0 $0 $8,000 0.00%- 8,000$ $0 Total LLFD Op Budget 288,738$ 246,818$ 60,500$ 151,733$ 36,700$ 40,246$ $824,735 20.85%141,235$ 677,425$ 284 285 286 287 Item No.: 21 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Finance Report Item Description: Final Levy 2023 Collectible in 2024 - Resolution 7436 1.Purpose: The purpose of this action item is to approve resolution 7436 setting the 2023 collectible 2024 tax levy. 2.Background/Summary: Staff has been working on the 2024 budget since May. One of the components of the budget process is the adoption of the property tax levy required to fund the 2024 budget. On September 11, 2023 the council adopted the preliminary property levy. As required by law, a public hearing was held on November 27, 2023 to allow public comment on the preliminary levy. Tonight, the council is being asked to approve the tax levy so that it can be certified to Hennepin County by the deadline of December 28, 2023. The property tax levy has seven components. The first is the operating levy which is adopted to fund the General Fund Operating Budget and is increasing by $904,100 (16.3%). Next is the Facilities Levy, which is remaining steady at the 2023 amount. The Fire Capital levy in the amount of $275,000, is dedicated to fire capital needs. The Pavement Management Levy is remaining at the 2023 level. The levy for parks is being increased by $50,000 (33.3%). The Community Investment levy is being reduced by $19,000 (-8.7%) and is dedicated for projects of citywide value. The final levy component is the Debt Service levy which will be reduced by $182,000 by using previously accumulated debt service funds. The breakdown of the tax Levy is as follows: General Fund - Operating $ 6,545,100 Facilities $ 375,000 Fire Capital Fund $ 275,000 Pavement Management $ 1,000,000 Parks $ 200,000 Community Investment $ 200,000 Debt Service $ 820,000 Total $ 9,415,100 When compared to the 2023 tax levy, the levy is increasing by $1,028,100 or 12.26%. Based on current information from the Hennepin County, adoption of this levy will result in a decrease in the tax rate from 16.53% to 16.32%. AGENDA ITEM 288 3.Staff Recommendation: Staff recommends approval of resolution 7436 setting the 2023 collectible 2024 tax levy. COUNCIL ACTION REQUESTED Motion to approve resolution 7436 setting the 2023 collectible 2024 tax levy. Exhibits Ex. A Resolution 7436 2023-2024 Tax Levy 289 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7436 A RESOLUTION ADOPTING THE 2023 COLLECTIBLE 2024 PROPERTY TAX LEVY BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the following sums be levied for the current year, collectible in 2024 upon the taxable property in the City of Orono, for the following purposes: General Fund - Operating $6,545,100 Facilities Fund 375,000 Fire Capital Fund 275,000 Pavement Management 1,000,000 Parks 200,000 Community Investment 200,000 G.O. Improvement Bond 2014 60,000 G.O. Improvement Bond 2021 760,000 TOTAL ALL LEVIES $9,415,100 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 11, 2023. ATTEST: ____________________________________________________________ Christian Lusian, City Clerk Dennis Walsh, Mayor 290 Item No.: 22 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Finance Report Item Description: Special Revenue Funds Budgets 2024 - Resolution 7438 1.Purpose: The purpose of this agenda action is to approve the 2024 Special Revenue Fund Budgets. 2.Background/Summary: The special revenue funds that budgets are adopted for are the Park Fund, The Drug Forfeiture Fund, and the TIF Fund. Special revenue funds by definition have a primary source of revenue that is dedicated for a specific purpose. In the Park Fund the revenue source is park dedication fees collected from developers. This fund also includes tax levy dollars. By state law, park dedication fees must be used for parkland acquisition and development. The Drug Forfeiture Fund receives its primary funding from the Police Department’s drug and alcohol enforcement activities. The funds must be used for drug and alcohol related activities. The TIF Fund is used to account for revenues related to the Orono Woods Senior Housing Development. The final TIF payment to Orono Woods will be February 2024 for revenues collected in 2023. The 2024 revenues will be used to pay an interfund loan that was created when the land was sold in 2017. 3.Staff Recommendation: Staff recommends approval of Resolution 7438 - 2024 Special Revenue Funds Budgets. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7438 - 2024 Special Revenue Funds Budgets. Exhibits Ex. A Resolution 7438 2024 Special Revenue Funds 291 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7438 A RESOLUTION TO ADOPT THE 2024 SPECIAL REVENUE FUND BUDGETS BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2024Special Revenue Fund budgets are determined to be as follows: Drug/Felony Estimated Revenues Park Forfeiture TIF Taxes – General $200,000 $ - - 120,000 Interest Income 3,000 3,000 - - User Fees - - 25,000 - - Park Dedication Fees 11,000 - -- - Intergovernmental - - - - - - Transfers from other Funds - - - - - - Other/Use of Fund Balance - - - - - - Total Revenues $ 214,000 $ 28,000 $ 120,000 Appropriated Expenditures General Government $ - -$ - -$ 120,000 Public Safety - - 25,000 - - Streets - - - -- - Parks & Recreation 40,000 - -- - Transfers to Other Funds - - - - - - Increase to Fund Balance 170,000 3,000 - - Total Expenditures $ 40,000 $ 28,000 $ 120,000 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 11, 2023. ATTEST: ________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 292 Item No.: 23 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Finance Report Item Description: Fee Schedule Updates - Ordinance 288 1.Purpose: The purpose of this action item is to approve the 2024 Fee Schedule. 2.Background/Summary: The City’s fee schedule is reviewed annually as part of the budget process. A copy of the schedule with requested changes is included with this action. The 2024 updates to the schedule are mostly minor changes. The most impactful change is for utility rates, with increases as follows: Water – 2 %; Sewer – 2%; Storm – 1%; and Recycling 4%. These utility rate increases were approved at the last council meeting, but they are included as part of the Ordinance document being approved tonight. These changes have been reviewed by the both budget committee and the council as whole. No changes were suggested by the Council. 3.Staff Recommendation: Staff reccomends approval of ordinance 288 adopting the 2024 fee schedule as presented. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to 1) Adopt ordinance 288 of the third series amending title one chapter two of the city code relating to the fee schedule and 2) Approve a summary publication of ordinance 288. Exhibits Ex. A 2024 Draft Fee Schedule.pdf Ex. B Ordinance 288 - Fee Schedule Ex. C Ordinance 288 - Summary Publication.docx 293 A. Buillding, Planning, and Zoning B. License Fees and Miscellaneous Charges C. Utility Rates and Fees D. Administrative Offenses E. Park Fees F. Police Administration G. Documents and Services Zoning Applications Joint Use Dock Sanitary Sewer and Municipal Water Connection Traffic/ Vehicle Golf Course Dogs at Large Zoning Documents Zoning Permits Rental License Municipal Connection Permit Snowmobile Violations Lurton Park Animals at Large General Administrative Documents Building Code Administration Garbage Hauler Point of Sale Fees Animals Summit Beach Large Assemble Permit Building Permits Home Occupation Sewer Projects Public Nuisances Field/Facility Reservations Fireworks Contractual Inspections Temporary Trailers and Buildings Water Connections Open Burning Firearms Fire Kennel Licenses Water Meter and Horn Noise Trapping Park Dedication Beer, Wine, and Liquor Sewer and Water Unit Adjustment Charges Park Violations Special Events Storm Water Trunk Amusement Devices Utility Service Fees Sign Violations False Alarm Public Dance Municipal Water Rates Juvenile Violations Fingerprinting General Administrative Licenses/Fines Stormwater Utility Rates Seasonal Overweight Vehicles Police Special Services Miscellaneous Charges Recycling Charge Parking Copy Service Sump Pump Surcharge Miscellaneous Photos PW supplies and service No Parking Signs Statements Table of Contents 2024 Orono Fee Schedule 294 Fire arm storage 295 Fee Escrow Notes Variance $375.00 $700.00 + Consultant fees 1st Extension $55.00 Staff approved 2nd and subsequent $55.00 City Council meeting Conditional Use Permit $375.00 $700.00 + Consultant fees CUP amendment $375.00 $700.00 + Consultant fees 1st Extension $55.00 Staff approved Interim Use Permit $375.00 $700.00 + Consultant fees Site Plan Review $375.00 $700.00 + Consultant fees Zoning Amendments including map amendments $375.00 $700.00 + Consultant fees Concept Review $375.00 Comprehensive Plan Amendment $375.00 $700.00 + Consultant fees Subdivision Subdivision: Sketch Plan $375.00 Subdivision: Class III Prel Plat $550.00 $5,000.00 + Consultant fees Subdivision: Final Plat $550.00 $2,500.00 + Consultant fees Subdivision: Preliminary plat extension $375.00 Subdivision Exception $100.00 n/a + Consultant fees if Applicable Vacations Vacations: Road $375.00 $700.00 + Consultant fees Vacation: Easement not associated with subdivisions $375.00 $700.00 + Consultant fees Vacation: Easements associated with a subdivision $0.00 Easement Creation $165.00 $700.00 + Consultant fees Appeal of Administrative Decision $165.00 $700.00 + Consultant fees Stairway to Lake $55.00 Structures not requiring a building permit $55.00 Plus Engineering Costs Encroachment Permit/ Agreement $165.00 Tree removal in shore setback $0.00 Signs (Alteration of cabinent or raceway)$55.00 Vehicle Storage $55.00 78-1577 (C) Land Alteration $100.00 May also require a IUP All after the fact applications are double fees. All applicants are responsible for actual costs incurred by the City by its' consultants in the review of the application. ZONING APPLICATIONS: Exhibit A Buillding, Planning, and Zoning PLANNING, BUILDING, ZONING All fees, unless otherwise noted, are application fees and are non-refundable after staff work has begun on the application. ZONING PERMIT: 296 Fee Escrow Notes Tent/ Canopy Permits $55.00 *City Administrator may require an erosion control escrow for projects disturbing soils or tree replacement. $1,000.00 Variable depending on project scope, but not to exceed Zoning confirmation letter $55.00 Request for zoning confirmation letter Address Change Request by Owner $55.00 BUILDING CODE ADMINISTRATION: Building Permits Based on Value Table Building permit fees (Building, Plumbing, Mechanical, unless otherwise noted) Based on 2012 Building Valuation Table Plan Review Fee 65% of Building Permit Fee Rereview Plan Fee Up to the cost of the Plan Review Fee Based on Building Offical Recommendation Minimum Fee $26.25 Moved-In Structure (not including foundation, interior remodel, etc.)$275.00 Pre-Move Inspection $165.00 Special investigation fee (work started without obtaining a permit – applies even if no permit is pulled) 100% of Building permit fee Manufactured Home Installation $275.00 plus State Surcharge and requires a regular building permit if also doing basement, foundation, garage or entryway, fees are based on sq. ft. State Table $275.00 City Administrator may require an erosion control escrow for projects disturbing soils.$1,000.00 Refunds: 80% of building permit fees on projects not yet started (within 90 days of permit issuance by municipality). No refund on plan review fees, state surcharge or maintenance permits 297 Fee Escrow Notes Valuation based on ICC 2012 Building Valuation tables Total Valuation Fee $1.00 to $500 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up State Surcharge as required by State Demolition Demolition: Principal structure $100.00 Demolition: Accessory structure/Septic system (Per unit fee)$50.00 Retaining walls Based on Value Table May require City Council approval (Variance or CUP) City Engineer may require an erosion control escrow for projects disturbing soils. Not to Exceed $1,000.00 Plumbing 1.25% of project value, based on valuation table n/a Backflow registration $10.00 Plumbing minimum $26.25 $26.25 $715.92 for the first $50,000.00 plus $7.88 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $1109.92 for the first $100,000.00 plus $6.30 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,629.92 for the first $500,000.00 plus $5.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $26.25 for the first $500.00 plus $3.41 for each additional $100.00, or fraction thereof, to and including $2,000.00 $77.40 for the first $2,000.00 plus $15.49 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $433.67 for the first $25,000.00 plus $11.29 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $6,254.92 for the first $1,000,000.00 plus $4.20 for each additional $1,000.00, or fraction thereof 298 Fee Escrow Notes Mechanical (All Types) 1.25% of project value, based on valuation table n/a Mechanical Minimum $26.25 Tent/ Canopy $50.00 Municipal Connection permit n/a Sewer $50.00 See Utility Section SAC (Sewer Availability Charge) (MCES)$2,485.00 Water $50.00 See Utility Section Septic Tank or Repair Permit $350.00 New or replacement Type I or Type III, Residential $750.00 $1,000.00 New or replacement Advanced Septic System Residential $750.00 Plus additional actual costs upto 600.00 All Commercial $750.00 Plus additional actual costs upto 600.00 Subdivision site evaluation review $60.00 Per lot Inspection surcharge for RS zones (Big Island and Deering island) $30.00 plus cost of boat rental if transportation not provided. Reinspection fee $30.00 plus $60/ hour after 1st hour Site inspection without permit Actual costs Quarterly Septic Fee 11.25 Septic Late Fee 3%/Qtr Miscellaneous Projects Retaining walls requiring building permit Based on Value Table May require City Council approval (Variance or IUP) Sign structure Based on Value Table Entrance monuments Based on Value Table Fences Based on Value Table Only required for fences above 7 feet. Tent/ Canopy $50.00 Temporary Certificate of Occupancy Escrow 3% of project value, not to exceed $10,000 299 Fee Escrow Notes Contractural Inspection Service Plan Review Charge Per 2012 Building Permit Fee Based on Valuation FIRE Fire Protection inspection Actual Cost Per 2012 Building Permit Fee Based on Valuation Fire Plan review fee 65% of permit fee Burning permits No Charge Reinspection $50.00 PARK DEDICATION 0.1 acres of land per residential dwelling unit Sec. 82-227 0.1 acres for every acre of commercial or industrial zoned land, or 0.1 per every 14 expected employees, whichever is greater Cash contribution maximum Residential density of 3 units per acre or less: maximum 4 percent of the predeveloped value Residential density of 3.1- 8 units per acre: maximum 8 percent of the predeveloped value Residential density of 8.1 - 15 units per acre: maximum 12 percent of the predeveloped value Residential density of 15.1 units per acre or more: maximum 20 percent of the predeveloped value STORMWATER AND DRAINAGE TRUNK FEES Stormwater and Drainage Trunk fees as established by Subdivision IV, Section 14-283 of the City Code. Where the anticipated park needs are greater than the number of acres to be developed, the city establishes a maximum park dedication maximum: Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the land use and acreage of the property being developed. An equivalency factor multiplier is assigned to each land use type, with a 2-acre residential lot considered as the standard in the City with an equivalency factor of 1.0. The table below lists the storm water trunk fees per acre for the various zoning districts and land uses in the City. Land Dedication Minimum Area - Developers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes an amount of land proportional to the amount of land being developed and to the number of residential units or commercial industrial employment, as set forth in Section 82-226: All fire suppression and alarm permits are based on value, and include a plan review fee and are subject to the state surcharge. Cash contribution is equal to the amount of land required In those instances where a cash contribution is to be made by the developer, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the land to be dedicated. 300 Fee Escrow Notes NEW DEVELOPMENT LAND USE Per new lot, or new structure on previously vacant lot Per buildable acre $16,150.00 $8,060.00 $5,250.00 $3,025.00 $7,275.00 $8,490.00 $9,690.00 Single Family Residential 1/2 Acre Zone Multi Family Residential 4 Units/Acre or Less Multi Family Residential Greater than 4 Units/Acre Single Family Residential 5 Acre Zone Single Family Residential 2 Acre Zone Single Family Residential 1 Acre Zone - acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the development site. - acreage of conservation easements resulting from Conservation Design process Commercial or Industrial Multi-family and High-Density Single Family Developments. Trunk fee shall be charged on a per-acre basis, except that the following acreages will not be subject - all wetland acreage up to the delineation line 301 Fee DOCK LICENSE $325.00 Per Year License Application Fee $50.00 Big Island Dock License $6,000.00 Canoe Rack Rental $45.00 Per Slip RENTAL LICENSE License Fee $120.00 2 year term GARBAGE HAULER LICENSE Flat Rate $75.00 Ch. 54, Article III Per Hauler $15.00 Per Truck Transfer Fee $30.00 HOME OCCUPATION LICENSE (Level 2)$100.00 Initial Review Fee Sec. 26-76 $30.00 Annual Review Fee $30.00 KENNEL LICENSES Sec. 62-161 thru 62-185 Commercial Application & Inspection Fee (Annual)$150.00 Residential Application & Inspection Fee (Annual)$50.00 Exhibit B Licenses and Miscellaneous Charges TEMPORARY TRAILERS & BUILDINGS License Fees for new licenses may be prorated; after 75% of the license period has elapsed, the fee is reduced by 50%. 302 Fee BEER, WINE & LIQUOR LICENSES Initial Investigation $500.00 Per License Ch. 34, Article II On-Sale & Off-Sale Intoxicating Liquor Licenses Ch. 34, Article II Ch. 34, Article II In state investigation Out state investigation Actual cost Off-Sale Liquor License $150.00 Sec. 34-66 On-Sale Liquor License $5,000.00 Sec. 34-66 On-Sale Wine License $2,000.00 Sec. 34-77 3.2 % Malt Liquor Off-Sale (Annual)$50.00 Sec. 34-66 3.2 % Malt Liquor On-Sale (Annual)$100.00 Sec. 34-66 Setup (Annual)$100.00 Sec. 34-126; 34-143 Club Liquor License Sec. 34-66 (weekday)$200.00 Sec. 34-66 (Sunday)$200.00 Sec. 34-66 Temporary Set-up Permit (1-4 days)$25.00 Each Sec. 34-42 Temporary On Sale 3.2% Malt Liquor (1-7 days)$25.00 Each Sec. 34-82 Temporary Off-Sale Wine License (wine auction)$25.00 Each Sec. 34-42 Temporary On-Sale Wine License (1-4 days)$25.00 Each Sec. 34-42 Temporary On-Sale Liquor License (1-4 days)$25.00 Each Sec. 34-42 1st Violation $500.00 Sec. 34-41 2nd Violation $1,000.00 & 3-day license suspension 3rd Violation $2,000.00 & 2-week license suspension 4th Violation License revocation On-Sale & Off Sale 3.2% Malt Liquor/Wine Licenses Actual cost up to $10,000 Liquor Violations (3 years immediately prior to date of most current violation) 303 Fee AMUSEMENT DEVICE LICENSES Sec. 38-601 thru 38-603 Per Establishment (Annual)$100.00 + Machine fee Per Machine Fee $25.00 Each PUBLIC DANCE LICENSE Annual License $100.00 Individual License $10.00 Gambling & Raffle Investigation $10.00 Ch. 38, Article II Massage Therapy License $100.00 Ch. 31, Article II Background Investigation $150.00 Annual Renewal $100.00 Solicitor/Transient Merchant/Peddler License $100.00 + Actual costs up to $1,500.00 Ch. 30 Tobacco Licenses $125.00 Ch. 50, Article II 1st Offense $150.00 2nd Offense $400.00 3rd Offense & Over $500.00 Penalty for Use of Tobacco Where Prohibited $100.00 Sec. 51-5 MISCELLANEOUS FEES Convenience Fee - Credit Card Transactions 3.00%+ $0.50 for $100.00 or less Returned Check $30.00 Licensee or Employee Violations within 24 month period GENERAL ADMINISTRATIVE LICENSES/FINES Sec. 38-501 thru 38-506 304 Fee Sewer (Includes one inspection)$150.00 SAC (Sewer Availability Charge) (MCES)$2,485.00 Water (Includes one inspection)$150.00 Horn Quote Basis Additional Connection inspection (Water or Sewer) $100.00 Additional Disconnection inspection (Water or Sewer)$100.00 Residential - City Inspection $250.00 Residential - Private Inspection Review $100.00 Commercial $750.00 Connection to existing City Sewer System: $5,800.00 $6,000 per unit Fee 2010 North Farm Road $22,120.00 23,280.00$ 2014 Green Trees $23,710.00 24,780.00$ 2015 Green Trees Extension $22,650.00 23,670.00$ Connection to Sewer System in adjacent city POINT OF SALE SEWER SERVICE INFLOW & INFILTRATION INSPECTION FEES Exhibit C Utility Rates and Fees Connection fees have been determined as a way to provide a fair and equitable recovery of the costs associated with providing water and wastewater utility services to new customers to avoid placing these costs on existing customers. The connection fee includes those portions of existing assets that will benefit new customers together with any anticipated future capital improvements constructed for the purpose of providing utility services to new customers. The connection charge applies to those properties not previously assessed for the associated utility project. Connection to City Sewer in areas still within their assessment window (less than 15 years since project was assessed) shall pay an amount equivalent to the assessment amount plus interest that residences were charged at the time of the project: MUNICIPAL CONNECTION PERMIT SEWER PROJECTS ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES 305 Exhibit C Utility Rates and Fees Fee Connection to Long Lake Sewer System $1,900.00 or per current Long Lake Fee Schedule Connection to Wayzata Sewer System $1,050 or per current Wayzata Fee Schedule Connection to existing City Water Main $4,370 per unit *or 20% over adjacent city's fee schedule, whichever is greater of Connection to Wayzata Water System $2,470 or per current Wayzata Fee Schedule 5/8" (3/4"x7-1/2") meter with horn including sales tax Actual Cost 3/4" (3/4"x9") meter with horn including sales tax Actual Cost 1" meter with horn including sales tax Actual Cost Larger meter Actual Cost CHARGES CREDIT UNIT CHARGE WATER METER AND HORN SEWER AND WATER UNIT ADJUSTMENT CHARGES Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer and water. Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use. Current Fee per Adjacent City $1,900.00 or per current Long Lake Fee Schedule WATER CONNECTIONS Fee Connection to Long Lake Water System 306 Exhibit C Utility Rates and Fees Municipal Sewer Rate By Unit: 1st $70.37 per month $71.78 per month By flow ($70.37/month minimum): $7.04/1000 gallon plus $7.18/1000 gallon plus$6.15/month/SAC unit $6.27/month/SAC unit Long Lake Service Minimum Charge (10,000 Gallons or Less Water Usage)$70.37 per month $71.78 per month Over 10,000 Gallons Water Usage, per 1,000 Gallons additional $7.04/1000 gallon $7.18/1000 gallon plus Wayzata Service Metered Service Minimum Charge (10,000 Gallons or Less Water Usage)$70.37 per month $71.78 per month Over 10,000 Gallons Water Usage, per 1,000 Gallons additional $7.04/1000 gallon $7.18/1000 gallon plus Unmetered Service Per Property $70.37 per month $71.78 per month UTILITY SERVICE FEES Some Properties on Mytlewood and Old Long Lake Road are not connected to water. Wayzata bills Orono based on a quarterly usage of 25,000 gallons. Charge is based on the metered rates and 25,000 gallons. Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. 307 Exhibit C Utility Rates and Fees Residential Billing & Ready to Serve Charge $16.67/month Unconnected Property Charge $16.67/month Water Usage Rate Navarre Area (Area #1) and Hwy 12 (Area #2) Tier 1 (0-3,300 gal) $7.94/1000 gal $8.10/1000 gal Tier 2 (3,300 - 8,300 gal) $11.11/1000 gal $11.33/1000 gal Tier 3 (>8,300)$16.67/1000 gal $17.00/ 1000 gal Chevy Chase Area (Area #3) Tier 1 (0-5,000 gal) $7.94/1000 gal $8.10/1000 gal Tier 2 (5,000-8,300 gal) $11.11/1000 gal $11.33/1000 gal Tier 3 (>8,300)$16.67/1000 gal $17.00/ 1000 gal Long Lake Area (Area #4) Tier 1 (0-2,000 gal) $7.94/1000 gal $8.10/1000 gal Tier 2 (2,000-7,000 gal) $11.11/1000 gal $11.33/1000 gal Tier 3 (>7,000 gal)$16.67/1000 gal $17.00/ 1000 gal Multi-Family Billing & Ready to Serve Charge per SAC Unit $16.67/month Unconnected Property Charge $16.67/month Water Usage Rate Tier 1 (0-8,300 gal) $7.94/1000 gal $8.10/1000 gal Tier 2 (8,300-33,300 gal) $11.11/1000 gal $11.33/1000 gal Tier 3 (>33,300 gal)$16.67/1000 gal $17.00/ 1000 gal MUNICIPAL WATER RATES 308 Exhibit C Utility Rates and Fees Commercial Billing & Ready to Serve Charge per SAC Unit $16.67/month Unconnected Property Charge $16.67/month Water Usage Rate Tier 1 (0-8,300 gal) $7.94/1000 gal $8.10/1000 gal Tier 2 (8,300-33,300 gal) $11.11/1000 gal $11.33/1000 gal Tier 3 (>33,300 gal)$16.67/1000 gal $17.00/ 1000 gal School Billing & Ready to Serve Charge per Meter $50.00/month Unconnected Property Charge $50.00/month Water Usage Rate Tier 1 (0-8,300 gal) $7.94/1000 gal $8.10/1000 gal Tier 2 (8,300-33,300 gal) $11.11/1000 gal $11.33/1000 gal Tier 3 (>33,300 gal)$16.67/1000 gal $17.00/ 1000 gal Federally Mandated Safe Drinking Water $2.43/quarter or $0.81/month Testing Program (Charged per service connection) Quarterly Monthly Service Charge for Non-Functioning or Inaccessible Water Meter $100.00 Bulk sale to Minnetonka Beach for Lafayette Ridge Area Processing Fee (Per Monthly Billing Cycle)$25.00 Plus Water Usage Rate $7.94/1000 gal $8.10/1000 gal Bulk sale - All Others Processing Fee (Per Monthly Billing Cycle)$25.00 Plus Water Usage Rate $7.94/1000 gal $17.00/1000 gal i.e. Fill swimming pool or watering sod. Penalty for late payment of sewer/water bills - 1% monthly if not paid by due date (applied to the total unpaid balance). Interest at 8% on unpaid water/sewer bills certified. 309 Exhibit C Utility Rates and Fees One residential unit: $16.00/month or $48.00/quarter $16.16/month or $48.48/quarter Non-residential unit:Based on “Residential Equivalent Factor” $6.25/month or $18.75/quarter $6.50/month or $19.50/quarter Recycling Cart from Waste Management No Charge $100.00 per month Right of Way Permit $50.00/permit Right of Way Escrow (for other than Public Utility) $1,500 New Street Intersections (See zoning section - Special improvement fees) On-Call Service to Other Cities Base On-Call Fee $70.00/day Call-Out Fee Actual wage and equipment rates SUMP PUMP SURCHARGE RECYCLING CHARGE STORM WATER UTILITY RATES The basic intent of storm water regulations is to minimize the impact of development on natural drainage systems. Any development in an area will PUBLIC WORKS SUPPLIES & SERVICES 310 Fee Applicable Code or MN State Statute (MSS) Number Unsafe Operation $60.00 66-259 Unreasonable Acceleration $60.00 66-258 Exhibition Driving $60.00 66-7 Failure to Obey Traffic Control $60.00 169.06 MSS Expired Registration $60.00 169.79 MSS Unsafe Equipment $60.00 169.47 MSS Loud Exhaust $60.00 169.69 MSS No Driver License in Possession $60.00 171.08 MSS Failure to Change Address on DL $60.00 171.11 MSS Driving to Avoid Traffic Signal $60.00 66-5 Operation $60.00 66-159 Equipment $60.00 66-160 Hours of Operation $60.00 66-159 Dog at Large $60.00 62-104 Animal License Required $60.00 62-131 Feces Clean Up $60.00 22-95 & 22-114 Barking Dog $60.00 62-10 Public Nuisance/General Prohibition $60.00 70-4 Peace and Safety Violation $60.00 70-166 Discharge of Firearm $60.00 70-97 ADMINISTRATIVE OFFENSES (POLICE ADMINISTERED) PUBLIC NUISANCES Exhibit D Administrative Offenses TRAFFIC/VEHICLE OFFENSES SNOWMOBILE VIOLATIONS ANIMALS 311 Exhibit D Administrative Offenses No Permit $60.00 58-186 Negligent Burning $60.00 58-193 No Open Burning $60.00 58-193 Loud Noise Prohibited $60.00 58-120 Hours of Operation $60.00 22-89 Operating a Motor Vehicle within Park $60.00 22-92 No Permit $60.00 22-102 Feces Clean Up $60.00 22-95, 22-102 & 22-114 Violation of General Provisions $60.00 18-4 Sign Impoundment Fee $25.00 78-1473 Curfew $60.00 70-274 Possession of Tobacco $60.00 609.685 Sub 3 MSS 1,000-9,999 lbs overweight .15 cents per lb over 169.824 Sub 1 MSS General $25.00 66-78 Seasonal 0200-0600 on $25.00 66-80 Street Prohibited Handicapped $60.00 66-85 Fire Lane $25.00 46-85 SEASONAL OVERWEIGHT VEHICLES PARKING OPEN BURNING NOISE PARK VIOLATIONS SIGNS VIOLATIONS JUVENILE 312 Exhibit D Administrative Offenses Watering Restrictions $60.00 610.50 Sub 15 MSS Placing Snow on Street $25.00 18-5 SPECIAL EVENT VIOLATIONS 1st Violation $250.00 2nd Violation $500.00 3rd Violation $1,000.00 MISCELLANEOUS 313 Fee GOLF COURSE FEES MONDAY THRU SUNDAY RATES Individual (Regular)$20.00 Juniors (10-18 years old)$12.00 Seniors (62 years or older)$16.00 Second Round $10.00 Children under 10 golf free with an adult Base Resident Individual Season Pass $570.00 $455.00 Junior Season Pass (10 - 18 years old)$320.00 $280.00 Senior Season Pass (62 years or older)$470.00 $350.00 Family* Season Pass $700.00 $550.00 GOLF CART RENTAL RATES Motorized Cart Rental/Per Person for 9 holes $11.00 Motorized Cart Rental/Per Person for 18 holes $15.00 Pull Carts/Per Round $5.00 Golf Clubs/Per Round $5.00 CONCESSION RATES As Posted Exhibit E Park Fees * Family meaning: Immediate family living in the same household. Children must be 18 years old or younger. SEASON PASS RATES (Unlimited Non-League Play) The golf course superintendent the Parks and Facilities Director shall have the authority to deviate from these prices for the purpose of promoting specials and for special events. 314 Exhibit E Park Fees Resident $40.00 Non-Resident $55.00 Admin Fine - No Permit See Admin Fines Passes will go on sale for the following year on Nov 1st. Passes to be prorated at 50% on August 1st. SUMMIT BEACH CANOE RACK RENTAL See Licenses and Miscellaneous Charges FIELD/FACILITY RESERVATIONS PARK FACILITY USE PERMIT Resident (Individual, business or group)$15.00 Non-Resident (Individual, business or group)$25.00 Golf Course Club House $40.00 / Hour LURTON PARK PASSES The cost to cover replacement passes will be $5.00 The administrative fine will be enforced on vehicles that do not display a current parking pass. The fee will be waived with proof of a current parking pass. Payment of the fine will qualify as payment to obtain a permit. 315 Fee Sec. 62-104 1st Offense $60.00 2nd Offense $80.00 3rd Offense $100.00 After Hours, Weekend & Holiday Release Charge $75.00 Ch. 62, Article I 1st Offense $55.00 2nd Offense $65.00 3rd Offense $75.00 Trace & Catch Animal $35.00 Per Hour Trailer Charge $55.00 Actual Cost $200.00 + $60.00 each additional day; actual costs up to $1,500 Sec. 38-801 thru 38-803 Sec. 70-99 Sale and/or Storage of Consumer Fireworks $100.00 Ch. 70, Article III Pest Control (limited use)$25.00 Game Animals (limited use)$25.00 $100 $25 If Participate in Annual (Club Only)$25.00 Management Progr $20.00 Sec. 70-71 Exhibit F Police Administration DOGS AT LARGE - RELEASE FEE CARE OF IMPOUNDED ANIMAL LARGE ASSEMBLY LICENSE (over 300 people) FIREWORKS PERMIT ANIMALS AT LARGE (Other than dogs) - RELEASE FEE + 0.31/Mile (Total Distance) FIREARMS DISCHARGE PERMIT LIMITED TRAPPING PERMIT 316 Exhibit F Police Administration 317 Exhibit F Police Administration $100.00 Ch. 66, Article VI Special Events involving fireworks $250.00 Ch. 42, Article III 1st false alarm/per calendar year No Charge 2nd false alarm/per calendar year $100.00 3rd false alarm/per calendar year $200.00 4th false alarm/per calendar year $300.00 5th and over false alarm/per calendar year $400.00 Ch. 42, Article III 1st false alarm/calendar year No Charge 2nd false alarm/calendar year $100.00 3rd false alarm/calendar year $250.00 4th false alarm/calendar year $350.00 5th & over false alarm/calendar year $500.00 Each Call $50.00 Per Application Officer 119 Rate $140.00 Per Hour $145.00 Per Hour Lord Fletchers $125.00 Spring Park Require Police Reserve Officers $30.00 Per Hour First Two Copies $0.25 Per Page Up to 100 copies Additional Copies $0.25 Each SPECIAL EVENTS PERMIT POLICE SPECIAL SERVICES (3 Hours Minimum) FINGERPRINTING SERVICE FALSE FIRE ALARM USER FEES FALSE POLICE ALARM USER FEES COPY SERVICE - Police Records NON-RESIDENTS ONLY (Residents No Charge) 318 Exhibit F Police Administration More than 100 pages (actual costs) $.25/ single sided page plus actual cost for search, retrieve, copy, transmit/device. 319 Exhibit F Police Administration PHOTOS $10.00 On CD VIDEO Booking Room Video $20.00 Squad Videos $20.00 Body Worn Cameras $50.00 AUDIO BTA Audio $10.00 Paper signs (no lath included)$1.00 $2.00 each Laminated $5.00 each STATEMENTS $10.00 $50.00 For CD & (transcribed copy or CD when available; subject to Data Privacy Act - will be charged an actual hourly fee) Per Gun (Police Policy 3056)FIREARM STORAGE FEES SIGNS: "NO PARKING ORDER OF POLICE" 320 321 Fee Municipal Code Book - Portions On-Line Free Ch 78 only (Zoning Code) w/revisions .25 per page Ch 82 only (Subdiv. Code) w/revisions .25 per page Other Individual Chapters .25 per page Binder $5.00 Building & Planning Publications Listing Information $10.00 Assessment Search - Written (Verbal searches not given) Fax Charge Copy Service 8 1/2" x 11" (for public City records only)$0.25 11" x 17" copies $1.00 Individual copies of Ordinance Sections (1 copy)No Charge Reprint of Oversized Documents that have been microfilmed Building Plan Copies Labels from Utility Billing System Electronic Labels Information Provided on CD or USB Drive Information Provided on DVD Shipping/ Handling mailing of requested information $ 3.00 + cost of information (DVD, pages, etc.) Professional Time Clerical Time Building/Legal/Engineering Consultants Mileage/Copies/Postage/Etc. Returned Check Charge $30.00 $ 40.00 Per Hour Actual Billed Cost Actual Cost $ 10.00 Per CD/USB $ 20.00 Per DVD Surcharge for Staff Expense in Excess of Regular Fees $ 60.00 Per Hour Cost of Copying, Messenger Service & Min. Clerical Fee of $5.00 (Entire amount to be paid upon request) $ .05 Per Label (Approximately $150.00) $10.00 Per sheet , 30 Labels max per sheet Ex G Documents and Services Cost of copying service, Messenger service ZONING DEPARTMENT DOCUMENTS As Posted - Prices subject to Change $25.00 loose $15.00 loose $ .25 Per Page GENERAL ADMINISTRATIVE DOCUMENTS $20.00 Per Parcel No charge up to 6 pages; $.25 Each Additional page Includes up to 6 pages; $1.00 Each Additional page Include up to 6 pages; $0.25 Each Additional page 322 Fee MS 13.03 Subd 3 Photo Copies (1-100 pages)$.25/ single sided page Photo Copies (101 + pages or data stored electronically) $.25/ single sided page plus actual cost for search, retrieve, copy, transmit/device. Public Data - Stored Electronically $0.00 to review at City Hall; MS 13 $0.25 per single sided copy; $30/hour actual cost for search, retrieve, copy, transmit. Electronic Storage Device USB/CD/DVD - 8.5 GB $30/hour actual cost for search, retrieve, copy, transmit. DATA REQUESTS 323 1 ORDINANCE NO. 288, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE ADOPTING THE 2024 FEE SCHEDULE AND REPEALING ORDINANCE NO. 282, THIRD SERIES THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1.Ordinances Repealed. Ordinance No. 282, Third Series, entitled 2023 Fee Schedule is hereby repealed. SECTION 2.The City Council of Orono hereby ordains the fees attached as Exhibits A-G effective during the calendar year 2024 in accordance with city code 1-2-171(a-b). SECTION 3. EFFECTIVE DATE:This ordinance establishing the 2024 Fee Schedule shall be published as a Summary Ordinance and shall be effective on January 1, 2024 and publication. ADOPTED this 11th day of December, 2023 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ___________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2023. 324 1 SUMMARY PUBLICATION ORDINANCE NO. 288 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING FEE SCHEDULE The City Council of the City of Orono, Minnesota approved updates to city code of ordinances Title I Administration Chapter 2 on December 11, 2023. These are housekeeping updates to the fee schedule. The complete text of this ordinance is available at city hall or www.oronomn.gov. CITY OF ORONO /s/Dennis Walsh, Mayor Attest: /s/Christine Lusian, City Clerk 325 Item No.: 24 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Finance Report Item Description: Adopt 2024 Capital Improvement Plan 1.Purpose: The purpose of this action item is to approve the 2024 CIP. 2.Background/Summary: In 2012 the City first formally adopted a Capital Improvement Plan (CIP). In order to keep the CIP useful, it is updated as part of the yearly budget process. The CIP is a planning document only and approval of the CIP does not constitute approval of any expenditures. There are two main focusses of the CIP. First is the CIP items that have been identified as needs by staff. The second is available funding for the CIP. Some items identified in the CIP will require additional funding sources (Grants, Donations, Partnerships) to be secured prior to moving forward with the projects. The CIP is used to inform future budgets of the funding needs for critical infrastructure like roads, utility infrastructure, and equipment needs. 3.Staff Recommendation: Staff recommends approval of the 2024 CIP as a planning document used to inform future budgets and funding needs. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the 2024 CIP Exhibits Ex. A 2024 Draft CIP 326 Capital Improvement Plan, City of Orono Summary of Costs Current Year CIP 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Parks $55,000 $590,000 $736,402 $610,000 $25,000 $275,000 $180,000 $950,000 $567,000 $220,000 $300,000 Equipment $421,672 $725,000 $458,500 $354,100 $545,000 $140,461 $215,000 $300,000 $275,000 $275,000 $275,000 Facilities $16,141,200 $1,938,200 $2,263,200 $2,800,000 $320,000 $1,125,000 $209,000 $160,000 $160,000 $205,000 $160,000 IT $25,000 $50,000 $118,000 $95,000 $5,000 $140,000 $50,000 $19,000 $43,000 $7,000 $0 Fire $170,000 $1,021,200 $1,433,750 $3,677,905 $709,550 $1,666,550 $464,550 $370,000 $727,000 $2,710,000 $0 Community Investment $0 $357,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 Public Works - Streets - PMF & MSA $1,085,200 $1,823,200 $1,112,800 $1,235,100 $900,100 $1,492,400 $1,232,800 $1,630,000 $1,630,000 $1,630,000 $0 Public Works - Water $197,890 $406,649 $458,687 $1,537,833 $11,530,408 $315,182 $352,493 $36,662 $53,622 $53,622 $253,622 Public Works - Sanitary Sewer $1,515,550 $609,160 $470,220 $434,580 $724,580 $516,000 $534,940 $610,848 $467,889 $665,890 $468,487 Public Works - Storm Sewer $352,385 $338,385 $369,990 $400,780 $310,445 $328,450 $305,015 $425,000 $365,000 $365,000 $425,000 Police $149,911 $219,448 $399,002 $219,572 $270,159 $340,764 $171,386 $126,028 $267,689 $323,370 $214,071 Totals $20,113,808 $8,078,242 $7,820,550 $11,364,869 $15,340,242 $6,339,806 $3,715,184 $4,627,538 $4,556,200 $6,454,882 $2,096,180 5-Year CIP Planning Period 327 Capital Improvement Plan, City of Orono Parks CIP Table 1 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 GC Parking Lot (Upper)GC 40,000$ Hackberry Improvements (Per concept plan) *Park 10,000$ 50,000$ 600,000$ 500,000$ Lurton Park Parkign Lot Expansion Lurton 5,000$ 40,000$ Pickleball Courts (Donation Garden)*Park 500,000$ CR 6 Trail (OCB - Willow) Improvement Park 36,402$ Antoine Park Upgrades Park 65,000$ Trail construction along North Arm Drive to Lakeview Legacy Park Park 80,000$ Summit Beach Improvements (Per Master Plan)Park 25,000$ 250,000$ Crystal Bay Park Sport fields *Park 25,000$ 150,000$ Crystal Bay Park Improvements (Parking, picknic area, Trailhead, Facilities) *Park 500,000$ Picnic Shelter at Golf Course *GC 90,000$ GC Outdoor Gas Fire Pit Area / Winter Activites site *GC 40,000$ Trail Construction along OCB and North Shore (Luce Line to Dakota) *Park 567,000$ Trail Construction along CSAH 19 south from the Dakota Trail *Park 200,000$ Access to Lowry Woods (Easment or property purchase)Park 300,000$ Dock Replacement (15 year life)Park 10,000$ 10,000$ Golf Course Irrigation GC 25,000$ 250,000$ Playground Equipment Replacement (Navarre, Hackberry, Bederwood, Crystal Bay, Fagerness)Park 70,000$ Lake Access Refresh (Gravel, Signage, Fencing and gates)Park 10,000$ Lurton Park Improvement Projects (Trails and Infrastruture, details TBD)Lurton 20,000$ 20,000$ 20,000$ Total Parks 10,000.00$ 550,000.00$ 711,402.00$ 590,000.00$ 25,000.00$ 275,000.00$ 160,000.00$ 570,000.00$ 567,000.00$ 200,000.00$ 300,000.00$ Total Lurton Park 5,000.00$ 40,000.00$ -$ 20,000.00$ -$ -$ 20,000.00$ -$ -$ 20,000.00$ -$ Total GC 40,000.00$ -$ 25,000.00$ -$ -$ -$ -$ 380,000.00$ -$ -$ -$ Total 55,000.00$ 590,000.00$ 736,402.00$ 610,000.00$ 25,000.00$ 275,000.00$ 180,000.00$ 950,000.00$ 567,000.00$ 220,000.00$ 300,000.00$ * Item requires outside funding (Grants, Donations…) 5-Year CIP Planning Period 328 Equipment CIP Table 2 Current Year Fund Source Bumper #Equipment Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Fleet Tire changer , balancer and related acc.35,000$ Fleet Mechanic equipment (tools, toolbox, AC Charger)31,600$ Golf Course Tee Mower 44,000$ Golf Course Rough Mower 77,672$ Sewer 711 Jet Rodder-Tank pump and hose unit 300,000$ Golf Course Greens Mower 20,000$ Water 710 Truck 3/4 Ton Pickup w/Plow 75,000$ Sewer 709 Truck 3/4 Ton Pickup 55,000$ Sewer 713 Vactor Truck 605,000$ Fleet Forklift 45,000$ Sewer 713 Sewer Easement Machine 100,000$ Streets 432 Hot Patch Truck 188,000$ Streets 491 Crack Sealing Equipment 65,000$ Streets 471 Chipper 40,500$ Fleet Sweeper / Scrubber 65,000$ Streets 483 Trailer 21,500$ Planning 211 Building Inspection Vehicle 40,300$ Storm 430 Tractor Loader Backhoe 145,500$ Fleet Hydraulic Hose Crimper / Mechanic Tools 41,300$ Storm TBD Mini Excavator 105,500$ Streets 481 Trailer 9,000$ Parks 618 Greens / Turf Roller 13,000$ Storm 409 Ford 3/4 Ton Pickup 60,000$ Fleet Wheel Lifts ( Fire Ladder, Sewer vactor)75,000$ Golf Course Greens Roller 13,000$ Streets 429 Loader 200,000$ Streets 451 Skid loader 70,000$ Admin 110 Admin vehicle 50,000$ Parks 615 Mower (Big island)8,961$ Streets 451A Snow blower 11,500$ Streets 490 Air Compressor 40,000$ Streets 428 Truck, 1 Ton Dump Truck w/Plow and Sander 175,000$ Streets 470 Roller 40,000$ Streets 424 Dump Truck w/ Plow and Sander 260,000$ Streets 425 Dump Truck w/ Plow and Sander 275,000$ Streets 426 Dump Truck w/ Plow and Sander 275,000$ Streets 427 Dump Truck w/ Plow and Sander 275,000$ Parks Boat Replacement (share with Fire)175,000$ Enterprise Fund Total 421,672$ 680,000$ 100,000$ 251,000$ 73,000$ -$ -$ -$ -$ -$ -$ 5 Year CIP Planning Period 329 Equipment CIP Table 2 Water -$ 75,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Sewer 300,000$ 660,000$ 100,000$ -$ -$ -$ -$ -$ -$ -$ -$ Storm -$ -$ -$ 251,000$ 60,000$ -$ -$ -$ -$ -$ -$ Golf Course 121,672$ 20,000$ -$ -$ 13,000$ -$ -$ -$ -$ -$ -$ Fleet Fund Total -$ 45,000$ 65,000$ 41,300$ 75,000$ -$ -$ -$ -$ -$ -$ Fleet -$ 45,000$ 65,000$ 41,300$ 75,000$ -$ -$ -$ -$ -$ -$ General Fund Total -$ -$ 293,500$ 61,800$ 397,000$ 140,461$ 215,000$ 300,000$ 275,000$ 275,000$ 275,000$ Parks -$ -$ -$ -$ 188,000$ 8,961$ -$ -$ -$ -$ -$ Admin -$ -$ -$ -$ -$ 50,000$ -$ -$ -$ -$ -$ Planning -$ -$ -$ 40,300$ -$ -$ -$ -$ -$ -$ -$ Streets -$ -$ 293,500$ 21,500$ 209,000$ 81,500$ 215,000$ 300,000$ 275,000$ 275,000$ 275,000$ Totals 421,672$ 725,000$ 458,500$ 354,100$ 545,000$ 140,461$ 215,000$ 300,000$ 275,000$ 275,000$ 275,000$ 330 Capital Improvement Plan, City of OronoPolice CIP Table 3 Purchase Expected Current Year Project Year Life (yrs)2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Squad 264 (Dodge Durango SUV) 2020 4 $47,000 $50,000 $55,000 Squad 265 (Dodge Durango SUV)2020 4 $47,000 $50,000 $55,000 Squad 266 (Dodge Durango SUV)2020 4 $60,000 $50,000 $55,000 Squad 267 (Dodge Charger)2021 4 $50,000 $50,000 Squad 268 (Dodge Charger) 2021 4 $50,000 $50,000 Squad 269 (Dodge Durango)2021 4 $50,000 $52,000 Squad 270 (Chevy Tahoe)2022 4 $50,000 $55,000 Squad 271 (Chevy Tahoe)2022 4 $50,000 $55,000 Squad 272(Chevy Tahoe)2023 4 $44,000 $50,000 $55,000 Squad 273 (Chevy Tahoe)2023 4 $44,000 $50,000 $55,000 Squad 274 (Chevy Tahoe)2023 4 $44,000 $50,000 $55,000 Squad 260 (Dodge Durango)2019 4 $47,000 $50,000 $55,000 Squad 261 (Dodge Durango) Chief 2019 6 $50,000 $52,000 Squad 843 (Tahoe-Mound) SRO 2010 10 $50,000 Squad 255 (Dodge Durango) CSO 2018 4 $50,000 $55,000 Squad 247 (Dodge Ram) Investigations 2016 10 $50,000 Squad 257 (Dodge Jouney) Deputy Chief 2018 6 $50,000 $55,000 Squad 256 (Dodge Journey) Investigations 2018 6 $50,000 $55,000 Technology Replacement $11,941 $12,299 $12,668 $13,048 $13,439 $13,842 $14,258 $14,685 $15,126 $15,580 $16,047 Weapons - Rifles Mobile Data Computer $5,970 $6,149 $6,334 $6,524 $6,720 $6,921 $7,129 $7,343 $7,563 $7,790 $8,024 Total Funded by Operating Budget $149,911 $219,448 $219,002 $169,572 $220,159 $320,764 $171,386 $126,028 $242,689 $298,370 $189,071 Supported By Retained Funds in the Police Capital Fund Weapons - Rifles $25,000 $25,000 Weapons - Handguns $20,000 5-Year CIP Planning Period 331 Capital Improvement Plan, City of OronoPolice CIP Table 3 Purchase Expected Current Year Project Year Life (yrs)2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 5-Year CIP Planning Period Mobile Radios $50,000 $50,000 Squad/Body Video Cameras $20,000 $20,000 $25,000 Police Records $140,000 Total PIR Supported $0 $0 $180,000 $50,000 $50,000 $20,000 $0 $0 $25,000 $25,000 $25,000 Totals $149,911 $219,448 $399,002 $219,572 $270,159 $340,764 $171,386 $126,028 $267,689 $323,370 $214,071 332 Capital Improvement Plan, City of Orono Table 4 Current Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Station 1 Command Vehicle - Chief (506)Order 105,000$ Command Vehicle - Duty Off (507)10,000$ 70,000$ Order 105,000$ Pick-up Truck (508)75,000$ Front Engine Station 1 (510)order 201,000$ 195,000$ 195,000$ 195,000$ 195,000$ 195,000$ 195,000$ Aerial/Ladder Truck (505)170,000$ 2,500,000$ Brush/Medical (511)order 241,355$ 55,000$ 55,000$ 55,000$ 55,000$ 55,000$ Tanker/Tender Station 1 (512)27,000$ Fire Boat on Trailer (531 & 531T)10,000$ Brush/Medical ATV on Trailer order 67,000$ Station 2 Front Engine Station 2 (520) - order in 2023 for deliver in 2025 Order 200,000$ 120,000$ 120,000$ 120,000$ 120,000$ 120,000$ 120,000$ Brush/Medical Utility Station 2 (521 order 125,000$ 94,550$ 94,550$ 94,550$ 94,550$ 94,550$ Tanker/Tender Station 2 (522) - Shared with PW, WS and Parks order 243,000$ Fire Boat on Lake Minnetonka (530) Shared w/ Parks order 175,000$ Turn Out Gear (Funded by An Trnsf from Operating)order 115,000$ order 115,000$ 357,000$ Lake Minnetonka Dock 10,000$ Total Apparatus 170,000$ 368,000$ 505,550$ 762,905$ 709,550$ 531,550$ 464,550$ 370,000$ 370,000$ 2,710,000$ -$ Total Equipment -$ 115,000$ -$ 115,000$ -$ 10,000$ -$ 0 357,000$ -$ -$ Total Non-Facilities 170,000$ 483,000$ 505,550$ 877,905$ 709,550$ 541,550$ 464,550$ 370000 727,000$ 2,710,000$ -$ Total Facilities (Included in Facilities CIP)-$ 538,200$ 928,200$ 2,800,000$ -$ 1,125,000$ -$ -$ -$ -$ -$ Total Capital 170,000$ 1,021,200$ 1,433,750$ 3,677,905$ 709,550$ 1,666,550$ 464,550$ 370,000$ 727,000$ 2,710,000$ -$ Fire CIP 5-Year CIP Planning Period 333 Capital Improvement Plan, City of OronoFacilities CIP Table 5 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 City Hall and PW Interior Painting $15,000 New Public Works Facility $16,000,000 $1,400,000 New Public Works Facility - Communications and Security $126,200 PW Facility Repurpose (Temp Fire then Rec)*$200,000 $2,800,000 Fire Station #2 Improvements $338,200 New Public Works Facility Salt Shed and Commodities Area $1,300,000 Fire Station 1 Purchase $850,000 Fire Station #1 Improvements $78,200 $1,125,000 City Hall Roof Replacement $320,000 Police Department Roof Replacement $209,000 City Hall Parking Lot chip Seal (7years)$35,000 $45,000 Future Facilities Improvements $160,000 $160,000 $160,000 $160,000 Total City Hall Campus $15,000 $0 $35,000 $0 $320,000 $0 $209,000 $0 $0 $45,000 $0 Total Public Works $16,126,200 $1,400,000 $1,300,000 $0 $0 $0 $0 $0 $0 $0 $0 Total Fire $0 $538,200 $928,200 $2,800,000 $0 $1,125,000 $0 $0 $0 $0 $0Unallocated Future Needs $0 $0 $0 $0 $0 $0 $0 $160,000 $160,000 $160,000 $160,000 Totals $16,141,200 $1,938,200 $2,263,200 $2,800,000 $320,000 $1,125,000 $209,000 $160,000 $160,000 $205,000 $160,000 5-Year CIP Planning Period * Item requires outside funding (Grants, Donations…) 334 Capital Improvement Plan, City of Orono Table 6 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 ArcGIS Online Upgrade Implementation $25,000 File Servers X 2 (5 Years)$17,000 $20,000 Phone Replacement (10 Years)$100,000 Switch (12 Total Switches)$28,000 $12,000 $20,000 $30,000 $30,000 $13,000 $24,000 Web Site Upgrade $25,000 Firewall $10,000 $12,000 Fiber in Navarre (Water Plant/Fire)$60,000 Wireless Access Points - 18 Total $15,000 $5,000 $6,000 $5,000 $5,000 $10,000 $6,000 $7,000 $7,000 Council Chamber AV (Cable Fund)$75,000 Totals $15,000 $25,000 $50,000 $118,000 $95,000 $5,000 $140,000 $50,000 $19,000 $43,000 $7,000 IT CIP 5-Year CIP Planning Period 335 Capital Improvement Plan, City of OronoCommunity Investment CIP Table 7 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Park and Ride Overlay and Restriping $310,000 County Road 112 Turn Back (Lighting/Sidewalks) *$357,000 Totals $0 $357,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 5-Year CIP Planning Period * The scope of the County Road 112 Turn Back Project is yet to be determined. Therefore, the cost estimate for the project is subject to change and refinement as the project development process proceeds. The City's final share of the project will be established by the County's cost sharing policy and the final scope of the project as developed by the City of Orono and Hennepin County. 336 Capital Improvement Plan, City of OronoPublic Works - Streets CIP Table 8 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Fox Street - Brown-Orono Orchard 365,561$ Townline Road 117,333$ Glendale Drive 47,200$ Partenwood 122,300$ Orchard Park Road 199,200$ Willow Drive - Fox St- Brown Road 621,700$ Kelly Avenue (Lydiard, Carman, Lydiard circle)664,600$ Ferndale Road West 351,700$ North Arm Drive & Lane 778,800$ Spates and Railroad 85,700$ Garden Court and Wildhurst Trail Cul-De Sac 148,300$ Old Long Lake Road 805,200$ Myrtlewood 92,300$ Hackberry (Hackberry Hill, Elm Ln, Maple Ln)149,600$ Spring Hill Road 529,500$ Stubbs Bay North 270,600$ Dickey Lake Drive 388,400$ Herritage Lane and Drive 212,200$ Dahl, Forest Lake Dr, Linden Lane, Spruce Place, Loma Linda 371,800$ Fagerness Point (Webb, Corral)400,200$ Crestview Avenue 123,700$ Cherry Ave and Maple Place 114800 Fox Ridge 43,300$ Maple Ridge 30,800$ Future road reconstructions/ M&O and Reclaims (per Year)1,110,000$ 1,110,000$ 1,110,000$ Preventive Maintenance 50,000$ 50,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ Total - Pavement Management Fund $580,094 $993,200 $1,116,300 $1,112,800 $1,147,100 $900,100 $1,072,400 $812,800 $1,210,000 $1,210,000 $1,210,000 5-Year CIP Planning Period 337 Capital Improvement Plan, City of OronoPublic Works - Streets CIP Table 8 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 5-Year CIP Planning Period MSA Streets: Willow Drive (Kelley to CSAH 112)$92,000 Brown Road North $706,900 Old Crystal Bay Road (Watertown to Fox)$88,000 Future MSA road projects (per year)$420,000 $420,000 $420,000 $420,000 $420,000 Total MSA Streets:$0 $92,000 $706,900 $0 $88,000 $0 $420,000 $420,000 $420,000 $420,000 $420,000 Totals Streets $580,094 $1,085,200 $1,823,200 $1,112,800 $1,235,100 $900,100 $1,492,400 $1,232,800 $1,630,000 $1,630,000 $1,630,000 338 Capital Improvement Plan, City of OronoPublic Works - Water CIP Table 9 Project Dep. Life 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Water System work with Road Projects (Valve replacements)75 $0 23,760.00$ $65,340 -$ 11,880.00$ $5,940 $47,520 $5,940 $22,900 $22,900 $22,900 Fire Hydrants Repairs $30,000 $30,000 Lead service inventory $10,000 $10,000 Navarre Waterpaln Softner Valve Replacement ??$60,000 North Water Tower deep clean/Inspection and repairs $75,450 Water Meter Replacement 20 $95,000 $170,000 Wellhead Protection plan Updates 10 $20,000 Navarre Plant Control Upgrade 20 $205,000 South Tower Repaint and Rehabilitation 20 $350,000 Well #4 Inspection & Maintenance (every 10 yrs)20 $20,000 Watermain Replacement CSAH 19 (Maple Ridge to end)$1,400,000 North Water Plant Painting 7 $30,000 South Water Plant Painting 7 $60,000 Well #1 Inspection and Maintenance (every 10 yrs)10 $20,000 North Water Plant Iron Filter $11,200,000 North Waterplant Switch Gear Upgrade 20 $100,000 Well #2 Inspection and Maintenance(every 10 yrs)10 $20,000 Water Main Loop Concordia 75 $230,000 Water Supply Plan Update 10 $20,000 North Well house Upgrade (sewer)$10,000 Well #3 Inspection & Maintenance (every 10 yrs)10 $20,000 Waer SCADA technology Upgrades 10 $75,000 Water Valve Replacements (5 / Year)50 $22,440 $22,889 $23,347 $27,833 $28,528 $29,242 $29,973 $30,722 $30,722 $30,722 $30,722 Water Main Replacement/Rehab 75 $200,000 $200,000 5-Year CIP Planning Period 339 Capital Improvement Plan, City of OronoPublic Works - Water CIP Table 9 Project Dep. Life 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 5-Year CIP Planning Period Totals $197,890 $406,649 $458,687 $1,537,833 $11,530,408 $315,182 $352,493 $36,662 $53,622 $53,622 $253,622 340 Capital Improvement Plan, City of OronoPublic Works - Sanitary Sewer CIP Table 10 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Sewer Rehabilitation $150,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 Road Project Sanitary Adjustements $0 $29,160 $50,220 $14,580 14,580$ $36,000 $112,540 $186,000 $40,545 $36,000 $36,000 Sewer Meter installation (into Long Lake)$60,000 Force Main Replacement Tonkawa PH3 $1,245,550 Lift Station #8 Rehab $60,000 Lift Station #10 Rehab $60,000 Lift Station #5 Rehab + Wetwell I&I Rehab 140,000$ Lift Station #28 Rehab inc. Gen Replacement 140,000$ Grinder Station #8 Rehab 60,000$ Lift Station #27Rehab 60,000$ Grinder Station #11 Rehab 60,000$ Lift Station #22 Rehab 60,000$ Lift Station #4 Rehab 60,000$ Lift Station 18 Rehab inc. Gen Replacement 150,000$ Lift Station 23 Rehab $60,000 Lift Station 26 Rehab $60,000 Lift Station Rehab (2 per year)$122,400 $124,848 $127,344 $129,890 $132,487 ForceMain Replacemetns $200,000 $200,000 Totals $1,515,550 $609,160 $470,220 $434,580 $724,580 $516,000 $534,940 $610,848 $467,889 $665,890 $468,487 5-Year CIP Planning Period 341 Capital Improvement Plan, City of Orono Public Works - Storm Sewer CIP Table 11 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Road Project Stormwater Improvements $194,385 $173,385 $132,990 $120,780 $152,445 $123,450 $120,015 $180,000 $180,000 $180,000 $180,000 Municipal Parking Lot Storm Manhole Rebuilds $35,000 Cherry Place Ravine Improvement (SWMP NA-1)$23,000 McCulley Road Outlet (SWMP O-3)$65,000 Casco Cove Outlet (SWMP O-2)$80,000 Casco Cove Bioretention Basin (CB-3)$57,000 Hackberry Park and Neighborhood Stormwater Improvements 95,000$ Surface Water Management Projects, Unnamed (Per Year)85,000$ 85,000$ 85,000$ 85,000$ 85,000$ 85,000$ 85,000$ Pond Cleaning/Maintenance (1/3 years)58,000$ 60,000$ 60,000$ Surface Water Management Plan Update $20,000 Storm Sewer Improvements/Replacements (Per Year)100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ Totals $352,385 $338,385 $369,990 $400,780 $310,445 $328,450 $305,015 $425,000 $365,000 $365,000 $425,000 5-Year CIP Planning Period 342 Park Fund 22525000 Balance 12/31/22 -$526,470 Table 1 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CIP Expenditures - Parks $10,000 $550,000 $711,402 $590,000 $25,000 $275,000 $160,000 $570,000 $567,000 $200,000 $300,000 CIP Expenditures - Golf $40,000 $0 $25,000 $0 $0 $0 $0 $380,000 $0 $0 $0 Total Expenses $50,000 $550,000 $736,402 $590,000 $25,000 $275,000 $160,000 $950,000 $567,000 $200,000 $300,000 Revenues $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Revenues Needed- Grants and Donations $0 $600,000 $600,000 $500,000 $0 $0 $250,000 $0 $0 $0 $0 Revenues - Park Dedication $62,445 $11,100 $11,100 $11,100 $11,100 $11,100 $11,100 $11,100 $11,100 $11,100 $11,100 Revenues - Tax Levy $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $500,000 $500,000 $500,000 Annual Balance $162,445 $261,100 $124,698 $221,100 $336,100 $136,100 $551,100 ($438,900)($55,900)$311,100 $211,100 Year End Cash Balance ($364,025)($102,925)$21,773 $242,873 $578,973 $715,073 $1,266,173 $827,273 $771,373 $1,082,473 $1,293,573 Improvement/Equipment Outlay Fund Balance 12/31/22 $198,089 Table 2 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Equipment, CIP $421,672 $725,000 $458,500 $354,100 $545,000 $140,461 $215,000 $300,000 $275,000 $275,000 $275,000 IT, CIP $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenses $421,672 $725,000 $458,500 $354,100 $545,000 $140,461 $215,000 $300,000 $275,000 $275,000 Revenues (Transfer)$200,000 $250,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 Transfer from Enterprise Funds $421,672 $680,000 $100,000 $251,000 $73,000 $0 $0 $0 $0 $0 $0 Transfer from Fleet $0 $45,000 $65,000 $41,300 $75,000 $0 $0 $0 $0 $0 $0 Annual Balance $200,000 $250,000 $6,500 $238,200 ($97,000)$159,539 $85,000 $0 $25,000 $300,000 $25,000 Year End Cash Balance $398,089 $648,089 $654,589 $892,789 $795,789 $955,329 $1,040,329 $1,040,329 $1,065,329 $1,365,329 $1,390,329 5 Year CIP Planning Period 5 Year CIP Planning Period 343 IT Fund Balance 12/31/22 -$125,009 Table 6 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Operations $325,000 $325,000 $331,500 $338,130 $344,893 $351,790 $358,826 $366,003 $373,323 $380,789 $388,405 IT, CIP $15,000 $25,000 $50,000 $118,000 $95,000 $5,000 $140,000 $50,000 $19,000 $43,000 $7,000 Total Expenses $340,000 $350,000 $381,500 $456,130 $439,893 $356,790 $498,826 $416,003 $392,323 $423,789 $395,405 Revenues $280,450 $335,200 $368,720 $405,592 $446,151 $490,766 $515,305 $530,764 $546,687 $563,087 $579,980 Annual Balance ($59,550)($14,800)($12,780)($50,538)$6,259 $133,976 $16,478 $114,761 $154,364 $139,298 $184,575 Year End Cash Balance ($184,559)($199,359)($212,139)($262,677)($256,419)($122,443)($105,964)$8,797 $163,160 $302,458 $487,033 Police Capital Equipment Fund Balance 12/31/22 $0 Table 3 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Police Operating $149,911 $219,448 $219,002 $169,572 $220,159 $320,764 $171,386 $126,028 $242,689 $298,370 $189,071 Police Retained Funds $0 $0 $180,000 $50,000 $50,000 $20,000 $0 $0 $25,000 $25,000 $25,000 Total Expenses $149,911 $219,448 $399,002 $219,572 $270,159 $340,764 $171,386 $126,028 $267,689 $323,370 $214,071 Revenues - Police Capital Budget $221,000 $225,000 $230,000 $235,000 $240,000 $245,000 $250,000 $255,000 $260,000 $265,000 $275,000 Transfer - Retained Funds $430,859 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Balance $501,948 $5,552 ($169,002)$15,428 ($30,159)($95,764)$78,614 $128,972 ($7,689)($58,370)$60,929 Year End Cash Balance $501,948 $507,500 $338,499 $353,927 $323,768 $228,005 $306,618 $435,590 $427,901 $369,532 $430,461 5 Year CIP Planning Period 5 Year CIP Planning Period 344 Fire Capital Equipment Fund Balance 12/31/22 $85,000 Table 4 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Fire CIP $170,000 $483,000 $505,550 $877,905 $709,550 $541,550 $464,550 $370,000 $727,000 $2,710,000 $0 Total Expenses $170,000 $483,000 $505,550 $877,905 $709,550 $541,550 $464,550 $370,000 $727,000 $2,710,000 $0 Revenue - Operating Levy $200,000 $275,000 $575,000 $575,000 $575,000 $575,000 $575,000 $575,000 $575,000 $575,000 $575,000 Revenues - Interest (2)$1,168 $2,323 $9,002 $10,571 $13,829 $11,415 $12,312 $14,767 $19,163 $16,506 $0 State Public Safety Grant $371,000 LL Buy Out Engine 22 and CMD 1 $455,250 Water/Sewer/Parks Share $168,600 Annual Balance $31,168 $333,923 $78,452 $162,916 ($120,721)$44,865 $122,762 $219,767 ($132,837)($2,118,494)$575,000 Year End Cash Balance $116,168 $450,091 $528,543 $691,459 $570,738 $615,602 $738,364 $958,132 $825,294 ($1,293,200)($718,200) Facilities Fund Balance 12/31/22 $15,778,511 Table 5 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Operation and Maintenance (1)$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 CIP Expenditures $16,141,200 $1,938,200 $2,263,200 $2,800,000 $320,000 $1,125,000 $209,000 $160,000 $160,000 $205,000 $160,000 Total Expenses $16,141,200 $1,938,200 $2,263,200 $2,800,000 $320,000 $1,125,000 $209,000 $160,000 $160,000 $205,000 $160,000 Tax Levy $375,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 Antenna Revenue $0 $100,000 $103,000 $106,090 $109,273 $112,551 $115,927 $119,405 $122,987 $126,677 $130,477 InterFund Loans - Enterprise Funds PW Bldg $3,100,000 $0 $0 $0 $0 $0 ($225,000)($225,000)($225,000)($225,000)($225,000) Bond Sale/Bonding Bill/Grants $700,000 $2,800,000 Transfer from Community Investment $900,000 $0 Annual Balance ($12,666,200)($1,338,200)($60,200)$606,090 $289,273 ($512,449)$181,927 $234,405 $237,987 $196,677 $245,477 Year End Cash Balance $3,112,311 $1,774,111 $1,713,911 $2,320,001 $2,609,274 $2,096,825 $2,278,752 $2,513,157 $2,751,145 $2,947,822 $3,193,299 5 Year CIP Planning Period 5 Year CIP Planning Period 345 Community Investment Fund Balance 12/31/22 $632,636 Table 7 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Annual Expenditures $0 Community Improvement CIP $357,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Transfer Out $0 $0 $900,000 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenses $357,000 $0 $900,000 $0 $0 $0 $0 $0 $0 $0 $0 Tax levy $219,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 Interest $6,326 $5,010 $7,060 $130 $2,132 $4,153 $6,194 $8,256 $10,339 $12,442 $14,567 Year End Cash Balance $500,963 $705,972 $13,032 $213,162 $415,294 $619,447 $825,641 $1,033,898 $1,244,237 $1,456,679 $1,671,246 Permanent Improvement Revolving (PIR) Fund Balance 12/31/22 $973,791 Current Year Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Police Expenses $430,859 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenses $430,859 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Revenues - Interest $25,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 Annual Balance ($405,859)$10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 Year End Cash Balance $567,932 $577,932 $587,932 $597,932 $607,932 $617,932 $627,932 $637,932 $647,932 $657,932 $667,932 5 Year CIP Planning Period 5 Year CIP Planning Period 346 MSA Fund Balance 12/31/22 $317,976 State MSA Construction Balance =$0 Table 8a Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Annual Expenditures (MSA CIP)$0 $92,000 $706,900 $0 $88,000 $0 $420,000 $420,000 $420,000 $420,000 $420,000 Annual MSA Maintenance Payment to the City $39,500 $39,500 $39,500 $39,500 $39,500 $39,500 $39,500 $39,500 $39,500 $39,500 $39,500 Debt Service (interest) - from MSA maintenance account.$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Debt Service (Principal) - from MSA Construction Account $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenses $39,500 $131,500 $746,400 $39,500 $127,500 $39,500 $459,500 $459,500 $459,500 $459,500 $459,500 Yearly Allocation - MSA Maintenance $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 $123,833 Yearly Allocation - MSA Construction $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 $201,751 School Loan Repayment $100,000 $100,000 $100,000 $100,000 $0 $0 $0 $0 $0 $0 $0 Annual Balance $386,084 $294,084 ($320,816)$386,084 $198,084 $286,084 ($133,916)($133,916)($133,916)($133,916)($133,916) Year End Cash Balance $704,060 $998,144 $677,328 $1,063,412 $1,261,496 $1,547,580 $1,413,664 $1,279,748 $1,145,832 $1,145,832 $1,011,916 Pavement Management Fund Balance 12/31/22 $196,072 Table 8b Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Annual Operation and Maintenance $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 CIP Expenditures $580,094 $993,200 $1,116,300 $1,112,800 $1,147,100 $900,100 $1,072,400 $812,800 $1,210,000 $1,210,000 $1,210,000 Total Expenses $580,094 $993,200 $1,116,300 $1,112,800 $1,147,100 $900,100 $1,072,400 $812,800 $1,210,000 $1,210,000 $1,210,000 Revenues $100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Pavement Management Levy $1,000,000 $1,000,000 $1,100,000 $1,100,000 $1,150,000 $1,160,000 $1,170,000 $1,180,000 $1,190,000 $1,200,000 $1,200,000 Annual Balance $519,906 $6,800 ($16,300)($12,800)$2,900 $259,900 $97,600 $367,200 ($20,000)($10,000)($10,000) Year End Cash Balance $715,978 $722,778 $706,478 $693,678 $696,578 $956,478 $1,054,078 $1,421,278 $1,401,278 $1,391,278 $1,381,278 347 Water Fund 12/31/2022 $1,699,197 Table 9 Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Annual Operation and Maintenance (3)$1,200,000 $1,224,000 $1,248,480 $1,273,450 $1,298,919 $1,324,897 $1,351,395 $1,378,423 $1,405,991 $1,434,111 $1,462,793 Debt Service $100,430 $98,570 $101,550 $99,350 $101,920 $99,310 $101,500 $0 $0 $0 $0 CIP Expenditures $197,890 $406,649 $458,687 $1,537,833 $11,530,408 $315,182 $352,493 $36,662 $53,622 $253,622 $0 Transfer to EIO/Facility $1,000,000 $75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenses $2,498,320 $1,804,219 $1,808,717 $2,910,632 $12,931,247 $1,739,389 $1,805,388 $1,415,085 $1,687,733 $1,462,793 Revenues (4)$1,400,000 $1,428,000 $1,456,560 $1,485,691 $1,515,405 $1,545,713 $1,576,627 $1,608,160 $1,640,323 $1,673,130 $1,706,592 Add back Depreciation $269,805 $287,271 $297,544 $304,983 $312,607 $320,422 $328,433 $336,644 $345,060 $353,686 $362,528 Assessments $10,387 $10,387 $10,387 $10,387 $0 $0 $0 $0 $0 $0 $0 ARPA $460,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Loan Repayment - Facilities $75,000 $75,000 $75,000 $75,000 $75,000 Federal/State Grants and Aid $11,000,000 Annual Balance ($358,128)($78,561)($44,226)($1,109,571)($103,235)$126,747 $174,673 $604,719 $2,060,383 $414,083 $681,327 Year End Cash Balance $1,341,069 $1,262,509 $1,218,283 $108,712 $5,477 $132,224 $306,896 $911,615 $2,971,998 $3,386,081 $4,067,408 Sewer Fund 60211111 Balance 12/31/22 $3,196,221 Table 10 Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Operation and Maintenance (3)$1,941,978 $1,980,818 $2,020,434 $2,060,843 $2,102,059 $2,144,101 $2,186,983 $2,230,722 $2,275,337 $2,275,337 $2,320,843 Debt Service $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 CIP Expenditures $1,515,550 $609,160 $470,220 $434,580 $724,580 $516,000 $534,940 $610,848 $467,889 $665,890 $468,487 Transfer to EIO/Facilities $1,660,000 $100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenses $5,117,528 $2,689,978 $2,490,654 $2,495,423 $2,826,639 $2,660,101 $2,721,923 $2,841,570 $2,941,227 $2,789,330 Revenues (4)$2,182,800 $2,226,456 $2,270,985 $2,316,405 $2,362,733 $2,409,988 $2,458,187 $2,507,351 $2,557,498 $2,608,648 $2,660,821 Add back Depreciation $410,136 $420,592 $430,805 $441,575 $452,615 $463,930 $475,528 $487,416 $499,602 $512,092 $524,894 Assessments $24,902 $17,569 $17,569 $17,569 $2,000 $0 $0 $0 $0 $0 $0 Loan Repayment $75,000 $75,000 $75,000 $75,000 $75,000 ARPA Annual Balance ($2,499,690)($25,361)$228,705 $280,126 ($9,292)$213,817 $286,793 $228,197 $3,132,100 $254,513 $471,385 Year End Cash Balance $696,531 $671,171 $899,876 $1,180,002 $1,170,710 $1,384,527 $1,671,320 $1,899,517 $5,031,617 $5,286,130 $5,757,514 348 Storm Water Fund 65111111 Balance 12/31/22 $2,139,119 Table 11 Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Operation and Maintenance (3)$412,896 $421,154 $429,577 $438,169 $446,932 $455,871 $464,988 $474,288 $483,773 $493,449 $503,318 CIP Expenditures $352,385 $338,385 $369,990 $400,780 $310,445 $328,450 $305,015 $425,000 $365,000 $365,000 $425,000 Transfer to Equipment Fund for Storm Equip $0 $0 $0 $251,000 $60,000 $0 $0 $0 $0 $0 $0 Total Expenses $765,281 $759,539 $799,567 $1,089,949 $817,377 $784,321 $770,003 $899,288 $858,449 $928,318 Revenues (4)$714,000 $728,280 $742,846 $757,703 $772,857 $788,314 $804,080 $820,162 $836,565 $853,296 $870,362 Add back depreciation $86,407 $92,670 $101,004 $103,529 $106,117 $108,770 $111,490 $114,277 $117,134 $120,062 $123,064 Loan Repayment $0 $0 $0 $0 $0 $0 $75,000 $75,000 $75,000 $75,000 $75,000 Annual Balance $35,126 $61,411 $44,283 ($228,717)$61,597 $112,763 $145,567 $35,151 $953,698 $114,909 $65,108 Year End Cash Balance $2,195,195 $2,256,606 $2,300,889 $2,072,172 $2,133,769 $2,246,533 $2,392,099 $2,427,250 $3,380,948 $3,495,857 $3,560,965 40625000 Cable Fund 65111111 Balance 12/31/22 $49,616 Project 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Operation and Maintenance (3)$57,500 $58,650 $59,823 $61,019 $62,240 $63,485 $64,754 $66,049 $67,370 $68,718 $70,092 CIP Expenditures - Need to Create CIP Sheet $50,000 $0 $0 $0 $0 $50,000 $0 $0 $0 $0 $0 Transfer to IT Fund $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenses $107,500 $58,650 $59,823 $61,019 $62,240 $113,485 $64,754 $66,049 $67,370 $68,718 $70,092 Revenues (4)$80,000 $75,000 $70,000 $70,000 $70,000 $65,000 $60,000 $55,000 $55,000 $50,000 $50,000 Add back depreciation $12,000 $12,000 $15,000 $15,000 $15,000 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 Annual Balance ($15,500)$28,350 $25,177 $23,981 $22,760 ($30,985)$12,746 $6,451 $5,130 ($1,218)($2,592) Year End Cash Balance $52,116 $80,466 $105,643 $129,624 $152,384 $121,399 $134,145 $23,951 $22,630 $16,282 $14,908 NOTES: (1) Expenses and Revenues are based on the City's 2023 budget. For Planning purposes a 2.5% annual inflation factor has been used to project future costs. (2) Revenues are based on a 1.5% increased contribution starting in 2019 and adding a 1% interest earned on the previous year's balance. (3) Expenses are based on utility rate study conducted in 2020 for future years 2021-2026. For Planning purposes, 2027 and after have a 2.5% annual inflation factor to project future costs. (4) Revenues are based on the utility rate study conducted in 2020 for future years 2021-2026, plus estimated investment interest. For Planning purposes, 2027 and after have a 2.5% annual inflation factor to project future costs. 349 Item No.: 25 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Finance Report Item Description: Final General Fund Budget 2024 - Resolution 7437 1.Purpose: The purpose of this action item it to approve the 2024 General Fund Budget. 2.Background/Summary: Work on the 2024 General Fund budget began in May. Staff has been meeting with the budget committee and updating the Council monthly throughout the process. On September 11, 2023 the council adopted the preliminary General Fund Budget. As required by law, a public hearing was held on November 27, 2023 to allow public comment on the budget and tax levy. Tonight, the council is being asked to approve the General Fund Budget. For revenues, the General Fund budget totals $11,536,630 and is increasing by $543,353 (4.9%). The General Fund property tax levy represents 56.7% of the revenue budget, and is increasing by $904,100. The rest of the General Fund revenues are from non-tax sources with the largest of these being from service contracts with surrounding cities. By working cooperatively with neighboring cities, we are able to provide enhanced service at a lower cost by eliminating overhead and duplication of service. The 2024 Expenditure budget is $11,536,630 which is an increase of $543,353 (4.9%) over the 2023 budget. The largest increase is in Personal Services (Wages and Benefits) in the amount of $356,000. Professional Services is increasing by $340,260 (20.62%) as the result of an increase of $120,940 in the Long Lake fire budget, increases in IT Services, and internal budget shifts between expenditure categories. Transfers to Other Funds is decreasing by $200,000 (50.0%). This reflects the creation of the New Fire Capital Fund for fund fire equipment purchases. 3.Staff Recommendation: Staff recommends approval of Resolution 7437 adopting the 2024 General Fund Budget. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7437 adopting the 2024 General Fund Budget. Exhibits Ex. A General Fund Budget Ex. B Revenue Summary Ex. C Revenue Detail Ex. D Budget by Major Category Ex. E Budget by Department Ex. F Department Summary 350 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7437 A RESOLUTION TO ADOPT THE 2024 GENERAL FUND BUDGET BE IT RESOLVED,by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2024 General Fund budget is determined to be as follows: ESTIMATED REVENUES Taxes - General $ 6,568,600 Licenses and Permits 585,200 Intergovernmental 305,000 Charges for Services 3,725,580 Fines and Forfeits 85,000 Interest Income 200,660 Miscellaneous 66,590 TOTAL $11,536,630 APPROPRIATED EXPENDITURES General Government $1,876,850 Public Safety 7.798.760 Street Maintenance 740,970 Parks and Recreation 431,750 Engineering - Unallocated 25,000 Reimbursable Expenditures 211,800 Special Projects and Contingency 30,000 Capital Outlay 221,500 Transfers to Other Funds 200,000 TOTAL $11,536,630 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 11, 2023. ATTEST: ________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 351 Revenue Source 2022 Actual Y-T-D Jun 30,2023 2023 Budget 2024 Budget Increase (Decrease) Percentage Increase (Decrease) Property Taxes 4,971,707 2,840,769 5,664,500 6,568,600 904,100 16.0% Total Licenses 15,020 4,799 18,700 18,700 0 0.0% Total Permits 746,882 399,317 566,500 566,500 0 0.0% Total Intergovernmental 493,370 135,675 403,000 305,000 -98,000 -24.3% Total Gen Govt Service Charges 976,893 475,112 798,100 859,900 61,800 7.7% Total Public Safety Service Charges 2,687,737 2,365,353 2,875,980 2,865,680 -10,300 -0.4% Total Fines and Forfeits 66,813 35,889 80,000 85,000 5,000 6.3% Total Investment Revenue 100,692 181 160,900 200,660 39,760 24.7% Total Golf Course Receipts 382,324 193,551 377,000 0 -377,000 -100.0% Total Miscellaneous Revenue 29,677 11,445 48,590 66,590 18,000 37.0% Total Revenue 10,471,115 6,462,092 10,993,270 11,536,630 543,360 4.9% City of Orono 2024 Revenue Budget Summary 352 Revenue Source 2022 Actual Y-T-D Sep 30,2023 2023 Budget 2024 Budget Increase (Decrease) Percentage Increase (Decrease) Current Ad Valorem Taxes 4,887,586 2,755,270 5,641,000 6,545,100 904,100 16.0% Delinquent Ad Valorem Taxes 25,347 54,904 20,000 20,000 - 0.0% Fiscal Disparities 45,716 14,700 - - - N/A Personal Property Tax 11,036 12,155 - - - N/A Forfeited Tax Sale Apportionmt 31 - - - - N/A Rent Credit - - - - - N/A Penalties and Interest-Taxes 1,990 3,740 3,500 3,500 - 0.0% Property Taxes 4,971,707 2,840,769 5,664,500 6,568,600 904,100 16.0% Beer & Liquor Licenses 7,200 125 7,100 7,100 0 0.0% Cigarette Licenses 1,000 500 500 500 0 0.0% Garbage Haulers Licenses 765 735 1,100 1,100 0 0.0% Other Business License/Permit 3,725 5,030 8,000 8,000 0 0.0% Rental Licenses 2,100 1,835 2,000 2,000 0 0.0% Dog Licenses 230 -11 0 0 0 N/A Total Licenses 15,020 8,214 18,700 18,700 0 0.0% Building Permits 620,612 474,284 475,000 475,000 0 0.0% Zoning Permit 1,372 1,915 1,500 1,500 0 0.0% Mechanical/Septic/Other 87,857 100,967 60,000 60,000 0 0.0% Plumbing Permit 37,041 44,891 30,000 30,000 0 0.0% City of Orono 2024 Revenue Budget Summary 353 Revenue Source 2022 Actual Y-T-D Sep 30,2023 2023 Budget 2024 Budget Increase (Decrease) Percentage Increase (Decrease) City of Orono 2024 Revenue Budget Summary Total Permits 746,882 622,056 566,500 566,500 0 0.0% Federal Grant-other 0 0 0 0 0 N/A Market Value Credit 348 0 0 0 0 N/A Police Training Reimbursement 28,415 30,896 23,000 0 -23,000 -100.0% Fire State Aid 0 0 0 0 0 Police State Aid 267,105 276,529 240,000 250,000 10,000 4.2% Police Vest Reimbursement 0 0 0 25,000 25,000 N/A PERA State Aid 0 0 0 0 0 N/A State Grant-other 197,502 229,052 140,000 30,000 -110,000 -78.6% Grants/Aids from Other Govts 0 0 0 0 0 N/A Total Intergovernmental 493,370 536,477 403,000 305,000 -98,000 -24.3% Administrative Charges for Svc 291,500 217,500 280,000 325,000 45,000 16.1% General Taxable Sales/Service 51 73 2,000 100 -1,900 -95.0% Assessments searches 100 20 100 50 -50 -50.0% Zoning Disclosure 250 380 0 250 250 N/A Plan Check/Site Exam Fees 363,972 292,654 200,000 225,000 25,000 12.5% Cond Use-Variance-Dev Fees 16,050 19,305 19,000 20,000 1,000 5.3% Engineering & Legal Fees 22,820 -1,425 45,000 20,000 -25,000 -55.6% Bldg Permits-mail in fees 0 0 0 0 0 N/A On-site Septic Program fees 46,987 35,403 47,000 47,000 0 0.0% Park Reservations 12,275 9,370 2,000 7,500 5,500 275.0% Off Leash Annual Pass 0 178 0 0 0 N/A Coop Agreement-public works 222,888 160,779 202,000 214,000 12,000 5.9% InterDepartmental Services 0 0 0 0 0 N/A Brush Site Fees 0 1,682 1,000 1,000 0 0.0% 354 Revenue Source 2022 Actual Y-T-D Sep 30,2023 2023 Budget 2024 Budget Increase (Decrease) Percentage Increase (Decrease) City of Orono 2024 Revenue Budget Summary Total Gen Govt Service Charges 976,893 735,918 798,100 859,900 61,800 7.7% Coop Agreement-inspection 0 483 0 0 0 N/A Coop Agreement-police 2,627,226 2,522,190 2,773,980 2,763,180 -10,800 -0.4% Police Special Services 60,450 79,618 100,000 100,000 0 0.0% False Alarm Fees 0 0 1,000 500 -500 -50.0% Police Reports 0 2,658 1,000 1,000 0 0.0% Police Reserve Receipts 0 31,691 0 0 0 N/A Explorers program 60 1,195 0 1,000 1,000 N/A Total Public Safety Service Charges 2,687,737 2,637,836 2,875,980 2,865,680 -10,300 -0.4% Admin Citations 2,223 0 15,000 10,000 -5,000 -33.3% Court Fines 64,590 59,520 65,000 75,000 10,000 15.4% Drug Task Force 0 0 0 0 0 N/A Dog Impound Fees 0 0 0 0 0 N/A Total Fines and Forfeits 66,813 59,520 80,000 85,000 5,000 6.3% Interest on investments 100,000 0 160,000 200,000 40,000 25.0% Interest-NOW account 692 408 900 660 -240 -26.7% Total Investment Revenue 100,692 408 160,900 200,660 39,760 24.7% Green Fees 240,341 266,485 250,000 0 -250,000 -100.0% Rental-Golf carts & Club 103,668 108,118 100,000 0 -100,000 -100.0% Beer Sales 20,675 24,745 16,000 0 -16,000 -100.0% Pop Sales 35 0 0 0 0 N/A Concessions-taxable 11,637 11,506 7,000 0 -7,000 -100.0% Golf Ball Sales 4,398 4,767 3,000 0 -3,000 -100.0% Pro Shop-taxable 422 809 1,000 0 -1,000 -100.0% Pro Shop-nontaxable 1,146 3,571 0 0 0 N/A Other Golf Course Receipts 0 0 0 0 0 N/A Cash Over/Short 1 1 0 0 0 N/A 355 Revenue Source 2022 Actual Y-T-D Sep 30,2023 2023 Budget 2024 Budget Increase (Decrease) Percentage Increase (Decrease) City of Orono 2024 Revenue Budget Summary Total Golf Course Receipts 382,324 420,003 377,000 0 -377,000 -100.0% Utility Penalties 14 16 0 0 0 N/A Miscellaneous Revenue 10,979 10,784 3,000 25,000 22,000 733.3% Convenience Fee 0 0 0 0 0 N/A Rent Income 4,950 4,050 5,400 5,400 0 0.0% Contributions & donations 11,265 1,100 5,000 5,000 0 0.0% Refunds & Reimbursements -477 1,686 5,000 1,000 -4,000 -80.0% Sale of Equipment 2,940 275 30,000 30,000 0 0.0% Cash Over/Short 0 0 0 0 0 N/A Filing fees-elections/plats 6 16,170 190 190 0 0.0% Total Miscellaneous Revenue 29,677 34,081 48,590 66,590 18,000 37.0% Total Revenue 10,471,115 7,895,283 10,993,270 11,536,630 543,360 4.9% 356 2022 Actual 2023 Budget 2024 Department Request 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 6,277,385 7,182,400 7,570,200 7,539,000 7,539,000 356,600 4.96% Supplies & Maintenance 648,241 725,270 790,700 870,700 870,700 145,430 20.05% Insurances 178,660 188,600 210,600 210,600 210,600 22,000 11.66% Professional Services 1,534,131 1,650,500 1,969,648 1,990,760 1,990,760 340,260 20.62% Other Expenses 593,131 562,100 469,075 474,070 474,070 (88,030) -15.66% Capital Outlay 191,140 241,000 221,500 221,500 221,500 (19,500) -8.09% Transfers to Other Funds 404,250 400,000 200,000 200,000 200,000 (200,000) -50.00% Contingencies 14,256 30,000 30,000 30,000 30,000 - 0.00% Purchases for Resale 20,962 13,400 - - - (13,400) -100.00% Total 9,862,156 10,993,270 11,461,723 11,536,630 11,536,630 543,360 4.94% 2024 General Fund Budget Major Expenditure Categories City of Orono 357 2022 Actual Y-T-D Aug 31,2023 2023 Budget 2024 Dept Request 2024 Manager Recommended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Mayor & Council 47,735 32,469 42,750 60,400 60,400 60,400 17,650 41.29% Administration 383,060 316,223 493,600 512,950 500,250 500,250 6,650 1.35% Elections 62,277 21,384 38,800 79,700 98,200 98,200 59,400 153.09% Communications - - - 43,700 39,000 39,000 39,000 N/A Assessing 234,000 127,000 260,000 270,000 270,000 270,000 10,000 3.85% Finance 303,516 233,384 334,000 310,700 339,600 339,600 5,600 1.68% Law/Legal Services 132,017 122,096 125,000 128,000 128,000 128,000 3,000 2.40% Central Services 300,064 195,192 317,200 395,800 429,400 429,400 112,200 35.37% Human Services - 9,500 12,400 12,000 12,000 12,000 (400) -3.23% Police 4,995,992 3,529,300 5,592,400 5,806,510 5,719,910 5,719,910 127,510 2.28% Fire Protection Services - LL 471,462 453,983 544,000 682,638 664,940 664,940 120,940 22.23% Fire Protection Services - OR 1,335 108,263 174,800 679,000 696,698 772,510 597,710 341.94% Building & Zoning 748,156 524,082 820,970 874,500 862,900 862,900 41,930 5.11% Engineering 33,633 47,175 20,000 25,000 25,000 25,000 5,000 25.00% Street Maintenance 654,817 406,767 609,500 676,850 690,050 690,050 80,550 13.22% Public Works - Spring Park 85,227 73,747 98,500 100,400 100,400 100,400 1,900 1.93% Brush Site 40,190 15,089 43,300 45,925 50,920 50,920 7,620 17.60% Parks 324,389 244,701 419,950 426,350 431,750 431,750 11,800 2.81% Golf Course 363,089 240,842 364,800 - - - (364,800) -100.00% Special Services 266,170 254,270 251,300 101,300 111,400 111,400 (139,900) -55.67% General Fund - General Fund - General Fund - Special Projects-Contingencies - General Fund - Special Projects-Contingencies14,256 - 30,000 30,000 30,000 30,000 - 0.00% Transfers to Other Funds 400,000 200,000 400,000 200,000 200,000 200,000 (200,000) -50.00% Total General Fund Expenditures 9,861,385 7,155,467 10,993,270 11,461,723 11,460,818 11,536,630 543,360 4.94% City of Orono 2024 General Fund Budget Departmental Budgets 358 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 19,692 20,335 19,700 14,769 19,700 19,700 19,700 0 0.00% City Wide Memberships 12,724 13,097 13,650 13,610 14,000 14,000 14,000 350 2.56% Other Expenses 3,737 14,304 9,400 9,515 26,700 26,700 26,700 17,300 184.04% City Council Total 36,153 47,735 42,750 37,894 60,400 60,400 60,400 17,650 41.29% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for City Council Representatives. *City-wide Memberships are as follows: Suburban Rate Authority 1,000 League of Minnesota Cities 9,500 Metro Cities 3,500 *Other Expenses includes training and meeting expenses. 2024 General Fund Operating Budget Departmental Summary Mayor & Council 41110 The City Council oversees the policies and procedures that govern the city in promoting the health, safety, and general welfare of the citizens of Orono. 359 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 380,418 367,006 476,800 336,090 478,000 478,000 478,000 1,200 0.25% Supplies & Maintenance 381 0 300 0 0 0 0 (300) -100.00% Professional Serivces 12,285 11,523 7,500 5,625 13,000 13,000 13,000 5,000 66.67% Other Expenses 5,735 4,531 9,000 5,660 9,250 9,250 9,250 250 2.78% Administration Total 398,819 383,060 493,600 347,375 500,250 500,250 500,250 6,150 1.25% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: Staff Includes: City Administrator, City Clerk, Management Assistant, and Municipal Services Support Rep 2024 General Fund Operating Budget Departmental Summary Administration 41300 The City Clerk and Administrative Staff are also included in the Administration Department and perform various function such as customer service, general administrative duties, permits and licensing, elections, data practices, and record management. *Professional Services includes the city recorder for city council meetings. *Other Expenses includes training and development, memberships in professional organizations for the Administrative Staff. *Personal Services include the wages and employment taxes for the Administration DepartmentCity Administrator and Administration Staff. The Administration Department includes the City Administrator who is responsible for meeting satatutory and legal obligations, implementing policy established by the City Council and ensuring the successful management of all city operations. In addition the City Administrator is responsible for overseeing the human resource function. 360 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 25,161 52,673 33,200 22,670 65,200 83,700 83,700 49,400 148.80% Supplies & Maintenance 2,248 7,148 3,500 0 8,500 8,500 8,500 5,000 142.86% Other Expenses 455 2,456 2,100 798 6,000 6,000 6,000 3,900 185.71% Elections Total 27,864 62,277 38,800 23,468 79,700 98,200 98,200 58,300 150.26% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: 2024 General Fund Operating Budget *Other expenses include professional services, postage, travel expenses, advertising, building/equipment rental, training, meeting expenses and other miscellaneous expenses. The Elections Department administers all federal, state, county, and municipal elections held in the city. Temporary election judges are hired to provide the necessary staffing at polling locations, and for the operation of voting machines. The Administrative Staff provides supervision to the election judges as needed and maintains election records. *Personal Services are the wages for the temporary election judges and a portion of Administration Staff (10%). 2023 is not an election year. Departmental Summary Elections 41410 361 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 0 0 0 0 12,400 6,700 6,700 1,600 N/A Other Expenses 0 0 0 0 31,300 32,300 32,300 24,000 N/A Elections Total 0 0 0 0 43,700 39,000 39,000 25,600 N/A PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: *Other expenses printing, postage, website hosting fees, and software. 2024 General Fund Operating Budget Departmental Summary Communications 41430 The Communications Department is responsible for public comminications including, Social Media, Websites Administration, and Newsletters. *Personal Services are the wages represent 10% of the Management Assistant and 5% of the City clerks wages and benefits. 362 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Assessing Contract 228,333 234,000 260,000 127,000 270,000 270,000 270,000 10,000 3.85% Assessing Total 228,333 234,000 260,000 127,000 270,000 270,000 270,000 10,000 3.85% PROGRAM DESCRIPTION & OBJECTIVES: The City maintains a renewable contract agreement with Hennepin County to provide Assessing services. Assessing 2024 General Fund Operating Budget Departmental Summary 41550 363 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 192,121 290,715 323,300 221,885 323,800 323,800 323,800 500 0.15% Supplies & Maintenance 159 0 0 65 0 0 0 0 N/A Professional Services 8,953 5,500 6,500 5,375 10,000 10,000 10,000 3,500 53.85% Other Expenses 831 7,302 4,200 3,080 5,800 5,800 5,800 1,600 38.10% Finance Total 202,063 303,516 334,000 230,405 339,600 339,600 339,600 5,600 1.68% PROGRAM DESCRIPTION & OBJECTIVES OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Finance Department Staff. Staff includes: Finance Director, Accountant and Resource Management Technician. 2024 General Fund Operating Budget Finance Departmental Summary 41500 *Other Expenses includes training and development, and memberships in professional organizations for the Finance Staff. The Finance Department oversees the City's financial operations, insurances, and employee benefits. It is responsible for preparing the budget document and annual report in accordance with generally accepted accounting principles. 364 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Professional Services 126,966 132,017 125,000 100,281 128,000 128,000 128,000 3,000 2.40% Law/Legal Services Total 126,966 132,017 125,000 100,281 128,000 128,000 128,000 3,000 2.40% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: 41600 Law & Legal Services The City maintains a renewable contract agreement with two local legal firms to provide legal services. The Legal Department provides professional representation and opinion on city services and operations. *Professional Services includes the costs associated with the contract with legal staff, prosecution costs, code enforcement, and jail charges. 2024 General Fund Operating Budget Departmental Summary 365 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 13,520 20,547 22,200 16,710 100,200 100,200 100,200 45,900 206.76% Supplies & Maintenance 46,791 37,958 58,500 43,274 64,500 64,500 64,500 6,000 10.26% Professional Services 136,072 104,161 98,000 86,063 110,200 110,200 110,200 12,200 12.45% Insurances 44,800 49,200 51,000 38,250 61,000 61,000 61,000 10,000 19.61% Other Expenses 77,476 87,496 87,500 77,576 93,500 93,500 93,500 6,000 6.86% Capital Outlay & Transfers 0 0 0 0 0 0 0 0 N/A Central Services Total 318,660 299,362 317,200 261,873 429,400 429,400 429,400 80,100 25.25% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: *Professional Services includes annual audit expenses and fees associated with administering city benefit plans. The Central Services Department provides for those operating expenses that encompass all city departments. By consolidating these expenditures, the City can more accurately determine the effectiveness of the costs and benefits provided. The City maintains a renewable contract agreement with an outside janitorial service for general cleaning and upkeep of city facilities. The Central Services Department also pays for a portion of the costs associated with the annual audit. *Other Expenses includes utilities, publishing costs, copier leases, and other miscellaneous charges related to city operations. 41900 *Supplies & Maintenance include the operating supplies and maintenance expenses on city equipment and facilities. 2024 General Fund Operating Budget Departmental Summary Central Services 366 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Contributions 9,500 0 12,400 9,500 12,000 12,000 12,000 (400) -3.23% Human Services Total 9,500 0 12,400 9,500 12,000 12,000 12,000 (400)-3.23% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: The Gillespie Center 9,500 Orono Community Education 2,900 12,400 The Human Services Department is comprised of area organizations that provide equal opportunity in employment, housing, public services, and education. The City maintains an affiliation with these organizations to ensure a strong relationship with area communities and their citizens. *Contributions are the contributions made to Human Service Organizations in the Orono area. Organizations include: 2024 General Fund Operating Budget Departmental Summary Human Services 41800 367 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 3,994,111 4,086,468 4,505,200 3,318,447 4,693,000 4,600,000 4,600,000 94,800 2.10% Supplies & Maintenance 205,302 250,840 301,000 178,626 283,000 283,000 283,000 (18,000) -5.98% Professional Services 197,415 237,685 312,500 210,179 334,910 341,310 341,310 3,810 1.22% Insurances 102,100 114,700 122,300 91,725 140,000 140,000 140,000 17,700 14.47% Other Expenses 120,134 113,361 130,400 123,248 134,100 134,100 134,100 3,700 2.84% Capital Outlay 305,671 191,140 221,000 86,133 221,500 221,500 221,500 500 0.23% Police Total 4,924,733 4,994,193 5,592,400 4,008,356 5,806,510 5,719,910 5,719,910 102,510 1.83% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Police Department. *Supplies & Maintenance include the operating supplies and maintenance expenses on police equipment and facilities. *Insurance Expenses includes a portion of the City's general, liability, and auto insurance costs. *Professional Services includes the police records system, internet, animal care, and medical and psychological evaluations for new officers. *Other Expenses includes utilities, fuel, publishing costs, copier leases, and other miscellaneous charges related to police operations. Staff includes: Police Chief, Deputy Chief, Sergeant (5), Investigators (5), Patrol Officers (19), Part Time Officers (2), CSO Cadets (3) Office Manager, Administrative Assistant (2) The Police Department provides for the public safety within Orono and the surrounding communities of Minnetonka Beach, Spring Park, and Mound. This is accomplished through preventive patrol, traffic enforcement, education, criminal investigation and prosecution. Departmental Summary Police 2024 General Fund Operating Budget 42110 368 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) % Increase (Decrease) Personal Services 1,335 50,238 0 109,672 419,700 434,900 434,900 256,228 N/A Supplies and Maintenance 0 0 0 752 77,700 152,700 152,700 151,948 N/A Professional Services 0 0 0 650 89,000 92,310 92,310 91,660 N/A Long Lake Fire 427,091 471,462 544,000 453,983 682,638 664,940 664,940 210,957 38.78% Insurances 0 0 0 0 9,500 9,500 9,500 9,500 N/A Other Expenses 0 0 0 1,916 83,100 83,100 83,100 81,184 N/A Fire Protection Services Total 428,426 521,700 544,000 566,972 1,361,638 1,437,450 1,437,450 801,478 147.33% PROGRAM DESCRIPTION & OBJECTIVES: Fire 22603 2024 General Fund Operating Budget Departmental Summary The Fire Department is comprised of renewable contract agreements with the community of Long Lake for fire suppression services. The Personal Services included in the budget are for the Fire Chief that is currently working on establishing an Orono Fire Department. 369 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Personal Services 441,597 665,312 731,300 541,267 763,900 763,900 763,900 32,600 Supplies & Maintenance 634 2,175 1,920 0 2,050 2,050 2,050 130 Professional Services 364,044 66,189 70,500 48,057 79,500 79,500 79,500 9,000 Other Expenses 4,246 14,480 17,250 8,511 17,450 17,450 17,450 200 Building & Zoning Total 810,522 748,156 820,970 597,835 862,900 862,900 862,900 41,930 PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for Planning and Zoning Staff. % 2024 General Fund Operating Budget Departmental Summary General Fund - General Fund - General Fund - Building & Zoning - Public Safety - General Fund - Building & Zoning - Public Safety Building & Zoning Staff includes: Director of Community Development, Planners (2), Planning Assistant, Building Official and Building Inspector. The Planning & Zoning Department oversees the development and redevelopment within the City in accordance with established policies and guidelines. The policies and guidelines have been created and are enforced to maintain the health, safety, and welfare of the public, as well as the aesthetics of the community. *Other Expenses includes training and development, and memberships in professional organizations for the Planning & Zoning Staff. *Professional Services include engineering, legal consulting services and contracted building inspections. 370 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) Engineering Total 30,220 33,633 20,000 28,309 25,000 25,000 25,000 5,000 PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: The City maintains a renewable contract with a local firm to provide all engineering services. The Engineering Department provides professional representation and opinion on city services and operations. 2024 General Fund Operating Budget Departmental Summary Engineering 43170 *Professional Services are the costs associated with the contract agreement with the engineering firm. 371 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) Personal Services 360,219 313,645 258,700 187,736 295,900 295,900 295,900 37,200 Supplies & Maintenance 133,453 176,763 179,000 151,174 202,500 202,500 202,500 23,500 Professional Services 74,606 105,535 106,100 81,197 122,000 132,000 132,000 25,900 Other Expenses 39,737 50,327 65,700 54,882 55,150 59,650 59,650 (6,050) Public Works Total 608,015 646,270 609,500 474,988 675,550 690,050 690,050 80,550 PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: * Personal Services include the wages and employment taxes for the Public Works Department. * Supplies & Maintenance include general operating supplies for street repair/maintenance, and vehicle and equipment maintenance. * Professional Services includes IT and Fleet Services * Other Expenses include electricity costs for street lighting and employee development. The Street Department provides for the maintainance of all city streets to ensure a safe and driveable condition. Standard maintenance includes seal-coating, patching, snow plowing, and sweeping. Due to its excess storage capacity, the City maintains cooperative agreements with surrounding communities for storage and sale of salt/sand supplies. 2024 General Fund Operating Budget Departmental Summary Public Works 43000 Staff includes the following FTES: Public Works Superintendent (.25), Street/Stormwater Supervisor (.50) Maintenance Workers (1.25), Public Works Admin Support (.20) 372 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) Personal Services 0 65,933 97,000 76,387 98,800 98,400 98,400 1,400 Professional Services 28,340 10,039 1,500 750 1,600 2,000 2,000 500 PW - Spring Park Total 28,340 75,972 98,500 77,137 100,400 100,400 100,400 1,900 PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: * Personal Services include the wages and employment taxes for the Public Works Department. Wages and benefits are based 1 FTE and use the average wage of all maintenance workers. As of 9/1/2021 Orono began providing public works service to the City of Spring Park. * Professional Services includes IT Services, Fleet Services and Other professional Services City of Orono 2024 Line Item Budget PW - Spring Park 43100 373 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) Personal Services 101,254 176,460 283,100 186,221 279,300 279,300 279,300 (3,800) Supplies & Maintenance 108,572 97,136 102,200 61,542 116,200 116,200 116,200 14,000 Professional Services 8,451 33,441 10,900 28,153 20,500 20,500 20,500 9,600 Other Expenses 25,368 17,352 23,750 7,162 15,750 15,750 15,750 (8,000) Parks Total 243,644 324,389 419,950 283,078 431,750 431,750 431,750 11,800 PROGRAM DESCRIPTION & OBJECTIVES: The Parks & Recreation Department provides for OPERATING COST ACTIVITIES: * Personal Services includes the wages and employment taxes for the Parks Department. Staff includes: Park Superintendant (50%), Maintenance Workers (2), Seasonals, and * Supplies & Maintenance includes the operating supplies and maintenance for all park facilities. *Other Expenses includes the costs associated with equipment rental. 2024 General Fund Operating Budget Departmental Summary Parks 45200 374 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) Personal Services 168,410 173,092 203,500 132,954 0 0 0 (203,500) Supplies & Maintenance 62,584 56,274 42,600 36,333 0 0 0 (42,600) Insurances 16,625 14,660 15,300 7,650 0 0 0 (15,300) Other Expenses 72,228 87,496 69,000 58,161 0 0 0 (68,700) Purchases for Resale 19,763 20,962 13,400 24,616 0 0 0 (13,400) Golf Course Total 339,609 352,484 343,800 259,714 0 0 0 (343,500) PROGRAM DESCRIPTION & OBJECTIVES: The Golf Course has been moved from the General Fund to and Enterprise Fund. 45210 2024 General Fund Operating Budget Departmental Summary Golf Course 375 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) Personal Services 8,917 10,670 12,300 8,788 13,100 13,100 13,100 800 Supplies & Maintenance 127 70 250 555 250 250 250 0 Insurances 0 100 0 0 100 100 100 100 Other Expenses 8,078 29,349 30,750 14,700 32,475 37,470 37,470 6,720 Brush Site Total 17,121 40,190 43,300 24,043 45,925 50,920 50,920 7,620 PROGRAM DESCRIPTION & OBJECTIVES: The Brush Site provides a place for residents and contractors to drop off tree branches and brush. OPERATING COST ACTIVITIES: * Personal Services include the wages and employment taxes for the Brush Site. Staff includes: Brush Site Attendant * Supplies & Maintenance include general operating supplies for repair and maintenance of the brush site. * Insurances include the brush site's share of the City's general insurance polices. 2024 General Fund Operating Budget Departmental Summary Brush Site 43100 376 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) Personal Services 14,997 33,195 41,300 44,833 41,400 41,400 41,400 100 Professional Services 86,968 55,897 90,000 15,208 70,000 70,000 70,000 (20,000) Other Expenses 0 176,578 120,000 205,383 0 0 0 (20,000) Special Services-Consulting & Police Total 101,966 265,670 251,300 265,424 111,400 111,400 111,400 (19,900) PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES (Reimbursed): * Personal Services include Police Officer overtime wages for security work and/or traffic control. * Professional Services include legal and engineering review expense for land use applications. 2024 General Fund Operating Budget Departmental Summary Special Services 43280 The Special Services Department provides a separate 'cost center' for tracking city-provided consulting and Police special service details. Orono residentswho apply for land use variations are subject to be billed for any additional staff, legal, and engineering time that is spent reviewing their application. Thesecharges are recorded in this departmental budget, and the applicants are subsequently billed for this additional time. Orono businesses or residentswho wish to contract with the city for Police security or traffic control are billed for the officers time. The City's costs are recorded in this departmentalbudget, and are offset by the revenues received from the requesting parties. 377 2021 Actual 2022 Actual 2023 Budget Y-T-D Sep 30, 2023 2024 Department Requested 2024 Manager Reccomended 2024 Adopted Dollar Increase (Decrease) Capital & Transfers 983,297 404,250 400,000 300,000 200,000 200,000 200,000 (200,000) Contingency Items 21,869 14,256 30,000 4,775 30,000 30,000 30,000 0 Special Projects-Contingencies Total 1,005,166 418,506 430,000 304,775 230,000 230,000 230,000 (200,000) PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: * Transfers are as follows: Improvement and Equipment Outlay Fund 400,000 * Contingency Items is an amount for unbudgeted and unforseen items that require action before the next budget cycle. 9,886,120 9,883,131 10,797,470 8,028,428 11,514,123 11,536,630 11,536,630 695,388 2024 General Fund Operating Budget Departmental Summary Special Projects - Contingencies 43290 The Special Projects & Contingencies Department includes funds allocated for planned projects or events that benefit the entire city, and for any unforseen circumstances that GENERAL FUND TOTAL 378 Item No.: 26 Date: December 11, 2023 Presenter: Ron Olson Finance Director Agenda Section: Finance Report Item Description: Enterprise Funds Budget 2024 - Resolution 7439 1.Purpose: The purpose of this agenda item is to approve the 2024 Enterprise Fund Budgets 2.Background/Summary: The city adopts annual budgets for the Enterprise Funds. These funds are more commonly referred to as the utility funds and include the Water Fund, Sewer Fund, Stormwater Fund, Recycling Fund, and the Cable Fund. The Enterprise Funds differ from other types of funds in that they are accounted for similarly to a business enterprise. The City's goal for the Enterprise Funds is that they operate in a manner that does not require bonding or special assessments for infrastructure replacement. These budgets were reviewed by the Council at an August work session. There were no changes recommended. A. Water. As presented, the Water Fund will have an operating income or $70,100. Net non- operating revenues and expenses decrease the net income to $ 5,100. Water rates are increasing by 2%. The expense budget is increasing by 3.64%. The non-operating interest expense is for the interest on the 2014 Water Bonds. 2024 capital expenditures as identified in the 2024 CIP include wellhead protection updates, fire hydrants, a lead service inventory, and water valve replacements. The Water Fund’s anticipated cash balance for the fund at the end of 2023 is $1,341,069 B. Sanitary Sewer. As presented, the Sewer Fund will have an operating income of $63,460. Sewer rates are increasing by 2%. The total operating expense budget is increasing by 3.37%. Upcoming capital expenditures can be covered by the fund’s current cash balances. Projects identified in the CIP for 2024 include: Annual sewer rehabilitation, lift station updates, and projects associated with road projects. The projected cash balance for the fund at the end of 2024 is $ 696,531. C. Stormwater. The Stormwater Fund is for the most part project based. Stormwater rates are increasing 1% in 2024. Operating expenditures are mainly limited to engineering associated with NPDES, SWPPP and other state and federal requirements. Public Works time and materials spent on culvert cleaning/replacement are also charged to this fund. The purpose of this fund is to collect money for the larger Stormwater projects that will be required in the future. Potential CIP projects in 2024 include: Projects performs in conjunction with road projects, the McCulley Road Outlet, and other Storm Water Improvements. The projected cash balance for the fund at the end of 2024 is $1,256,606. D. Recycling. The Recycling Fund is used to account for curbside recycling and annual clean- up days. The rates are increasing by 4% to match the contracted increase in charges from Waste Management. E. Cable. The revenue source for the Cable Fund is a franchise fee collected by MediaCom on cable TV subscriptions. The fund is used to pay for expenditures related to streaming city meetings. AGENDA ITEM 379 F. Golf Course. The Golf Course Fund was reestablished in 2023. After years of being supported by the tax levy, it is being moved back to an Enterprise Fund and is no longer supported by property taxes. 3.Staff Recommendation: Staff recommends approval of the 2024 Enterprise budgets as presented. COUNCIL ACTION REQUESTED Motion to adopt Resolution 7439 establishing the 2024 Enterprise Fund budgets. Exhibits Ex. A 2024 Budget Enterprise Fund Budgets - Resolution.docx Ex. B Enterprise Summary.pdf 380 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7439 A RESOLUTION TO ADOPT THE 2024 ENTERPRISE FUND BUDGETS BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2024 Enterprise Fund budgets are determined to be as follows: Estimated Revenues Water Sewer Recycling Charges for Service $1,300,000 $2,185,000 $249,900 Interest Income 25,000 40,000 -- Non-Operating 15,000 21,600 22,000 Total Revenues $1,340,000 $2,246,600 $271,900 Appropriated Expenditures Operating Expenses $1,229,900 $2,183,140 $273,500 Non-Operating Expenses Interest Expense 10,000 Debt Service 85,000 Transfer to Other Funds - - - - - - Total Expenditures $1,334,900 $2,183,140 $271,100 Estimated Revenues Stormwater Cable Golf Charges for Service $ 735,280 $70,000 $400,000 Interest Income 16,000 1,000 1,000 Non-Operating -- -- -- Total Revenues $744,000 $ 71,000 $400,000 Appropriated Expenditures Operating Expenses $482,500 $62,600 $350,000 Non-Operating Expenses Interest Expense Debt Service Transfer to Other Funds - - - - - - Total Expenditures $444,064 $62,600 $350,000 381 2021 Actual 2022 Actual 2023 Budget Y-T-D Jul 31, 2023 2024 Draft Budget Dollar Increase (Decrease) % Increase (Decrease) Personal Services 265,957 333,866 374,100 209,808 368,800 (5,300) -1.42% Supplies & Maintenance 261,654 171,915 191,700 293,959 197,500 5,800 3.03% Professional Services 49,266 65,557 62,100 39,751 70,600 8,500 13.69% Insurances 7,800 26,000 26,900 13,450 21,400 (5,500) -20.45% Other Expenses 528,885 533,123 526,500 284,992 551,000 24,500 4.65% Non-Operating Expenses 85,429 20,000 15,000 0 10,000 (5,000) -33.33% Total Water Operating Fund 1,198,991 1,150,461 1,196,300 841,961 1,219,300 23,000 1.92% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: 2024 Enterprise Fund Operating Budget Departmental Summary 49400 Staff includes: Public Works Superintendent (.2 FTE), Public Works Supervisor (.5 FTE), Maintenance Workers (2.1 FTE, Administrative Assistant (.25 FTE) and a Seasonal Employee. The Water Operating Fund provides for the funding of the City's water distribution system. These funds are accounted for separately and are designed to be funded through water rates. *Included in 'Personal Services' are the wages and employment taxes for the Water Department Staff. *Supplies & Maintenance' includes the operating supplies and maintenance for the water distribution system. Water *Professional Services' includes a portion of the costs related to the City's annual financial audit, IT Services, and engineering consulting costs related to water projects. *Other Expenses' include power supply costs, purchased water from the City of Wayzata, and a depreciation charge on the fixed assests. 382 2021 Actual 2022 Actual 2023 Budget Y-T-D Jul 31, 2023 2024 Draft Budget Dollar Increase (Decrease) % Increase (Decrease) Personal Services 213,384 328,140 361,800 211,919 361,900 100 0.03% Supplies & Maintenance 109,520 183,117 261,750 40,062 218,000 (43,750) -16.71% Professional Services 52,568 64,277 68,000 37,825 78,000 10,000 14.71% Insurances 17,500 14,715 15,540 7,770 15,540 0 0.00% Other Expenses 1,272,300 1,424,016 1,404,900 866,401 1,482,440 77,540 5.52% Non-Operating Expenses 143,750 110,000 0 0 0 0 N/A Total Sewer Operating Fund 1,809,022 2,124,265 2,111,990 1,163,977 2,155,880 43,890 2.08% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: *Professional Services' includes a portion of the costs related to the City's annual financial audit, IT Services, and engineering consulting costs related to sewer projects. *Included in 'Personal Services' are the wages and employment taxes for the Sewer Department Staff. The Sewer Operating Fund provides for the funding of the City's sewer collection system. The funds are accounted for separately and are designedto be funded primarily through sewer unit charges. 2024 Enterprise Fund Operating Budget Departmental Summary 49450 *Other Expenses' includes the City's disposal charges with the MCES, and a depreciation charge on fixed assets. Staff includes: Public Works Superintendent (.2 FTE), Public Works Supervisor (.5 FTE), Maintenance Workers (2.15 FTE), Administative Support (.25 FTE), and a Seasonal Employee. *Supplies & Maintenance' includes the operating supplies and maintenance for the sewer collection system. Sewer 383 2021 Actual 2022 Actual 2023 Budget Y-T-D Jul 31, 2023 2024 Draft Budget Dollar Increase (Decrease) % Increase (Decrease) Personal Services 22,040 11,979 11,979 7,638 18,200 6,221 51.94% Supplies & Maintenance 0 0 0 0 0 0 N/A Professional Services 192,818 211,006 211,006 127,212 230,000 18,994 9.00% Insurances 0 500 500 50 1,000 500 100.00% Other Expenses 16,497 14,930 14,930 12,399 24,100 9,170 61.42% Recycling Total 231,355 238,415 238,415 147,298 273,300 34,885 14.63% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: *Personal Services are a portion of the City Clerk's wages and the wages for City Staff whom participate in the spring cleanup. *Other Expenses includes disposal of items collected during the clean up day and materials related to organics recycling. *'Professional Services includes the costs associated with recycling collection. 49500 2024 Enterprise Fund Operating Budget Departmental Summary The city participates in a program to provide curbside recycling service. In addition, the city also provides a spring cleanup day for residents who have materials unsuitable for curbside recycling pickup. Recycling 384 2021 Actual 2022 Actual 2023 Budget Y-T-D Jul 31, 2023 2024 Draft Budget Dollar Increase (Decrease) % Increase (Decrease) Personal Services 113,270 81,899 198,400 88,954 215,800 17,400 8.77% Supplies & Maintenance 14,346 22,584 21,500 10,051 19,000 (2,500) -11.63% Professional Services 26,278 46,807 39,500 26,494 47,500 8,000 20.25% Insurances 4,750 4,100 4,400 2,200 4,900 500 11.36% Other Expenses 185,325 184,211 192,600 96,931 192,100 (500) -0.26% Non-Operating Expenses 0 46,427 0 0 0 0 N/A Total Stormwater Operating Fund 343,969 386,027 456,400 224,630 479,300 22,900 5.02% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: 2024 Enterprise Fund Operating Budget Departmental Summary 49910 Stormwater The Stormwater Operating Fund provide sfunding to for the City's Stormwater responsibilities. The funds are accounted for separately and are designedto be funded primarily through stormwater service and trunk fees. *Included in 'Personal Services' are the wages and employment taxes for the Public Works Department Staff. Staff includes: Public Works Superintendent (.2 FTE), Public Works Supervisor (.5 FTE), Maintenance Workers (.5 FTE), Administative Support (.20 FTE), and a Seasonal Employee. * Supplies & Maintenance includes material associated with culvert maintenance. *Other Expenses includes depreciation and an administrative charge and the annual LMCD Levy. *Professional Services includes engineering and annual audit charges. 385 2021 Actual 2022 Actual 2023 Budget Y-T-D Jul 31, 2023 2024 Draft Budget Dollar Increase (Decrease) % Increase (Decrease) Personal Services 41,982 8,598 0 0 0 0 N/A Professional Services 15,830 14,160 18,000 7,790 27,000 9,000 50.00% Other Expenses 44,867 57,607 39,500 29,008 35,600 (3,900) -9.87% Total Sewer Operating Fund 102,679 80,365 57,500 36,798 62,600 5,100 8.87% PROGRAM DESCRIPTION & OBJECTIVES: OPERATING COST ACTIVITIES: *Professional Services includes IT Services and audit charges. 2024 Enterprise Fund Operating Budget Departmental Summary 49840 * Other Expenses include webcasting/online content and an administrative charge to the General Fund Cable Franchise The Cable TV Fund was created to account for the Franchise fees that are collectected as part of the City's Franchise agreement with Mediacom. Expenditures include costs associated with recording and streaming meetings. 386 2021 Actual 2022 Actual 2023 Budget Y-T-D Jul 31, 2023 2024 Draft Budget Dollar Increase (Decrease) % Increase (Decrease) Personal Services 0 0 0 0 155,417 179,117 N/A Supplies and Maintenance 0 0 0 0 55,600 55,600 N/A Insurance 0 0 0 0 14,700 14,700 N/A Other Expenses 0 0 0 0 80,500 80,500 N/A Merchandise for Resale 0 0 0 0 19,500 19,500 N/A Total fGolf Operating Fund 0 0 0 0 325,717 349,417 N/A PROGRAM DESCRIPTION & OBJECTIVES: The Golf Course Fund was reestablished to account for Golf activities. As an enterprise fund, it will no longer be supported by property taxes. 2024 Enterprise Fund Operating Budget Departmental Summary Golf Course 49830 387 Item No.: 27 Date: December 11, 2023 Presenter: Adam Edwards City Administrator Agenda Section: City Administrator/Engineer Report Item Description: Appreciation for Finance Director Ron Olson - Resolution 7435 1.Purpose: The purpose of this council action is to recognize Ron Olson's 26 years of service to the City of Orono. 2.Background/Summary: Ron Olson has served the city for 26 years in various positions culminating as Finance Director. Ron's last day with the city is December 15th, 2023. 3.Staff Recommendation: I strongly recommend adoption of the attached resolution recognizing Ron's service. Ron has been an exemplary employee and leader. His time with Orono has been characterized by dedication, fiscally responsible financial management, and a deep understanding of municipal processes and best practices. AGENDA ITEM COUNCIL ACTION REQUESTED Motion adopt Resolution 7435 honoring Ron Olson’s 26 years of service and wish him well in his transition to retirement. Exhibits Ex. A Resolution 7435 Appreciation to Ron Olson 388 A RESOLUTION OF APPRECIATION TO RONALD J. OLSON FOR HIS TWENTY-SIX YEARS OF DEDICATED SERVICE RESOLUTION NO. 7435 WHEREAS, Ron Olson set the example for his fellow public servants with his positive attitude, calm demeanor, and service focus since being appointed as a Management Analyst/Accountant on October 27, 1997; and WHEREAS,through hard work and technical competence, Ron quickly progressed to positions of increasing responsibility first, by being promoted to Assistant Finance Director in 1998 and culminating in his appointment as the Orono Finance Director in 2006; WHEREAS,Ron’s financial acumen has been instrumental in the city’s establishment and maintenance of a AAA bond rating since 2005, one of relatively few municipalities of Orono’s size to do so, as well as receiving 100% clean annual audit reports; and WHEREAS,Ron led the establishment and then the modernization of the city’s information technology system, including the current network and communications systems as well as implementing of numerous software program, resulting in improved efficiencies and accuracy throughout the wide variety of city staff functions; and WHEREAS,Ron created the city’s human resource function and then spearheaded the streamlining of the personnel system through the implementation of automated benefits, onboarding, and payroll; and WHEREAS,Ron Olson’s 26 years of service have been characterized by professionalism, expertise, and dedication to providing the highest quality service to the city and its citizens; and NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council, staff and residents wish to extend their utmost appreciation and gratitude to Ron Olson for his service to the community as a Finance Director. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 11th day of December 2023. ATTEST: ____________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 389