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02-26-2024 CC Agenda Packet
Agenda City Council Meeting Monday, February 26, 2024, 6:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /https://www.oronomn.gov/ 1. City Council Minutes of February 12, 2024 2. Claims/Bills 3. Election Judge Compensation 4. City Code Update - Adopt Ordinances 289-295 5. City Code Update - Adopt Ordinance 296 6. 2024 Sewer Rehabilitation Award (24-014) 7. Franchise Agreement Extension - Adopt Ordinance 297 8. LA23-000062, Peter Eskuche, 4423 North Shore Drive, Variances 9. LA23-000067, Lakewest LLC, 3245 Wayzata Blvd, Concept Plan 10. Letter to State Representatives Regarding Proposed Legislation 11. Approve Next Work Session Draft Agenda 12. 2023 City of Orono Annual Report 13. Annual Performance Review of the City Administrator 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 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 Closed Session Sign up for email notifications at https://www.oronomn.gov/ 1 Adjournment Upcoming Events Feb 26 City Council Work Session Feb 26 City Council Regular Meeting Mar 05 Presidential Nomination Primary Sign up for email notifications at https://www.oronomn.gov/ 2 Item No.: 1 Date: February 26, 2024 Presenter: Christine Lusian Presenter: City Clerk Section:Consent Agenda Title: City Council Minutes of February 12, 2024 1.Purpose: The purpose of this item is to approve the City Council Meeting Minutes and the City Council Work Session Minutes of February 12, 2024 2.Staff Recommendation: Approve the City Council regular meeting and work session minutes. AGENDA ITEM COUNCIL ACTION REQUESTED Approve the City Council Work Session and Regular Meeting Minutes of February 12, 2024. Exhibits 02-12-2024 CC Minutes - work session 02-12-2024 CC Minutes 3 Minutes City Council Work Session Monday, February 12, 2024, 5:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 ROLL CALL City Council members present: Mayor Dennis Walsh, City Council Members Richard Crosby, and Maria Veach. Staff present: City Administrator/Engineer Adam Edwards, Community Development Director Laura Oakden, Planner Melanie Curtis, and City Clerk Christine Lusian. AVERAGE LAKESHORE SETBACK Community Development Director Laura Oakden provided a recap of average lakeshore setback and explained related requirements and updates. City Council members participated in discussion on the topic. Members discussed the unique and challenging geographical situations and a new option that could not require ALS if hardcover and setback requirements are met. More research and further discussion is still needed. ADJOURNMENT Work session ended at 5:28 p.m. ATTEST: ________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 4 Minutes City Council Regular Meeting Monday, February 12, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 4 Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. ROLL CALL Orono City Council members present: Mayor Dennis Walsh, City Council Members Alisa Benson, Richard Crosby III, and Maria Veach.Members absent: Matt Johnson Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Maggie Jin,Park Director Josh Lemons, Fire Chief James Van Eyll and Public Works Superintendent David Goman. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA CONSENT AGENDA 1.City Council Meeting Minutes January 22, 2024 2.Approval of Rental Licenses 3.Claims/Bills 4.Amended Enterprise Funds Budget 2024 –Resolution 7446 5.Establish Golf Course Enterprise Fund –Resolution 7450 6.Approval to Accept Donation -Culvers 7.Approve Next Work Session Draft Agenda This item was removed from the consent agenda 8.Personnel Policy Update This item was removed from the consent agenda 9.Seasonal Weight Restrictions –Resolution 7451 10.Ground Lease and Sublease Extension with the Orono School District and Orono Baseball Association 11.Approve rehabilitation of Lift Station 28 (632 Park Lane) 12.Rehabilitation of Lift Station 5 (351 West Lake Street) 13.2024 Sanitary Sewer Televising Inspection 14.Approval to Hire Mechanic 15.Public Works Maintenance Worker Resignation and Hire of a Full Time Public Works Maintenance Worker 16.Approval of Parks Maintenance Worker Position Description Change 17.LA23-000068, Murphy and Company Design o/b/o 3400 Fox Street Trust, 3400 Fox Street, Average Lakeshore Setback Variances –Resolution #7449 18.LA23-00066, Hendel Homes, 2605 Mapleridge Lane, Average Lakeshore Setback Variance 19.LA23-00064, Brent Walton, 2405 Dunwoody Ave., Hardcover Variance –Resolution No. 7447 20.Authorization to Purchase a Police Vehicle The following items were added to the consent agenda 25.Lead Water Service Line Inventory Tracking Assistance Proposal 26.Construction Cooperative Agreement for Wayzata Blvd. (CSAH 112) Road Work Construction 5 Minutes City Council Regular Meeting Monday, February 12, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 4 Crosby moved, Veach seconded, to approve the Agenda and the Consent Agenda with items 7 and 8 removed and items 25 and 26 added.VOTE: Ayes 4, Nays 0. 7. Approve Next Work Session Draft Agenda Benson asked about the agenda item for commission appointments. It was indicated there were no applicants to interview at this time. Benson moved, Crosby seconded, to approve the next Work Session Draft Agenda.VOTE: Ayes 4, Nays 0. 8. Personnel Policy Update It was indicated wording that was omitted in a previous update was added back. Benson moved, Crosby seconded, to approve the Personnel Policy Update.VOTE: Ayes 4, Nays 0. COMMUNITY DEVELOPMENT REPORT 21 LA23-00062, Peter Eskuche, 4423 North Shore Drive, Variances The City Council is requested to review the Staff report, receive a presentation, and discuss and adopt the resolution denying the full request as submitted. The Council discussed the item and asked questions of staff and the applicant, Kenneth Schmeling, currently of 5115 Minneapolis Ave,Minnetrista, and the designer, Peter Eskuche of Deephaven.Council members expressed the need to visit the site in person to understand the application. Walsh moved, Crosby seconded, to table the application for LA23-00062 4423 North Shore Dr., Variances,to the next meeting. VOTE: Ayes 4, Nays 0. Community Development Director Oakden presented information on building permit revenue. FINANCE REPORT 22 Fourth Quarter Financial Update Finance Director Jin presented the fourth quarter financial report, noting they are unaudited. PARKS REPORT 23.Approval of the Pickleball Master Plan The City Council is requested to review the Staff report, receive a presentation, and discuss and adopt the Pickleball Master Plan. The Council discussed the item and asked questions of staff. Walsh moved, Crosby seconded, to approve the Pickleball Master Plan. VOTE: Ayes 4, Nays 0. 6 Minutes City Council Regular Meeting Monday, February 12, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 4 24.Golf Course Pavilion Project The City Council is requested to review the Staff report, receive a presentation, and discuss and approve the Golf Course Pavilion Project to be designed and completed together with the Orono Lions. The Council discussed the item and asked questions of staff. Walsh moved, Crosby seconded, to approve moving forward with the Golf Course Pavilion Project. VOTE: Ayes 4, Nays 0. PUBLIC WORKS REPORT 25.Lead Water Service Line Inventory Tracking Assistance Proposal This item was moved to the Consent Agenda PUBLIC SAFETY REPORT None CITY ATTORNEY REPORT City Attorney Mattick said he would save his comments for the closed session. CITY ADMINISTRATOR/ENGINEER REPORT 26.Construction Cooperative Agreement for Wayzata Blvd. (CSAH 112) Road Work Construction This item was moved to the consent agenda COUNCIL COMMITTEE REPORTS None PUBLIC COMMENTS Janie Delaney, 1315 Woodhill Ave, Orono; Dennis Libby, 1000 Heritage Lane, Orono; and Kelly Grady, 271 Greenhill Lane, Long Lake;provided comments. MAYOR/COUNCIL REPORT Mayor and Council provided reports. CLOSED SESSION 27.Closed Session to Discuss Orono and Bonnet and Nygard Litigations 7 Minutes City Council Regular Meeting Monday, February 12, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 4 of 4 Walsh moved, Crosby seconded, to enter into closed session at 8:12 p.m. as permitted by Minnesota Statutes Section 13D.05 sub. 3c3 to hold confidential attorney/client privilege discussion concerning litigation between Orono and Bonnet and Nygard. VOTE: Ayes 4, Nays 0. (The City Council was in closed session from 8:17 p.m. to 8:34 p.m.) Walsh moved, Veach seconded, to reopen the Orono City Council meeting at 8:34 p.m. VOTE: Ayes 4, Nays 0. ADJOURNMENT Walsh moved, Crosby seconded, to adjourn the meeting at 8:34 p.m.to Monday, February 26, 2024 at 6:00 p.m.VOTE: Ayes 4, Nays 0. ATTEST: ____________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor Minutes approved by Orono City Council February 26, 2024. Meeting videos and transcripts available at oronomn.gov. 8 Item No.: 2 Date: February 26, 2024 Presenter: Maggie Jin Presenter: Finance Director Section:Consent Agenda Title: 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: 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 122902 to 122970 and ACH transactions 20130441 to 20130444 totaling $910,516.30. 3.Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits Check Register 2024-02-22 9 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount WESTONKA CHOIR BOOSTERS 02/13/2024 122902 2023 TREE L 101-45200-488 TREE LIGHTING EVENT Parks 300.00 Total 122902:300.00 Century Link 02/15/2024 122903 02.04.24-03.601-49400-321 WTP PHONE/INTERNET 02/04/24-3/03/2024 142.04 Total 122903:142.04 City of Wayzata\DMV 02/20/2024 122904 02202024 701-49800-441 FIRE TRUCK REGISTRATION 35.00 Total 122904:35.00 A-1 OUTDOOR POWER, INC 02/26/2024 122905 549194 101-43000-240 CUT OF SAW UNIT#863 Public Works Department 49.50 A-1 OUTDOOR POWER, INC 02/26/2024 122905 549197 101-43000-240 CUT OF SAW UNIT#865 Public Works Department 49.50 Total 122905:99.00 ADVANCED IMAGING SOLUTIO 02/26/2024 122906 M500050510 710-49970-221 PW COPIER PURCHASE 268.77 Total 122906:268.77 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-41900-201 MAGNETIC DRY ERASE BOARD Central Services 30.39 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-710-49970-221 HDMI CABLE 59.92 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-221 CHAINSAW SHARPENER Public Works Department 47.98 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-41900-314 GEAR WRENCH Central Services 283.50 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 TUFFY DRINK HOLDER Public Works Department 40.49 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-240 RED PULL-TITE SECURITY SEAL Public Works Department 9.88 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-42260-228 AED ULTRA TRAINER Fire Protection Services 119.00 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-42260-219 CURAPLEX PATIENT TRANSPORT SHEET Fire Protection Services 43.24 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-226 HARD HAT Public Works Department 69.99 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-41900-201 BRITE NON SCRATCH SPONSE Central Services 9.99 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-710-49970-221 USB SWITCHER 16.88 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-710-49970-221 WIFI ADAPTER FOR DESKTOP 22.99 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-710-49970-221 LAPTOP BATTERY 28.99 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 TRIPLE TAILLIGHT HOUSING Public Works Department 109.52 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 TRAILER TAIL LIGHTS Public Works Department 16.20 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 RED TAIL LIGHT Public Works Department 15.38 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 AMBER STROBE LIGHTS Public Works Department 30.66 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 18 GAUGE ELECTRICAL WIRE Public Works Department 141.96 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-710-49970-221 5-20R CONNECTOR REPLACEMENTS 17.04 10 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-41900-201 MICROFIBER CLEANING CLOTHS Central Services 7.91 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 HEAVY DUTY FLEXIBLE 22" ALUMINUM Public Works Department 63.90 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 HEAVY DUTY DUAL ARM TABLET Public Works Department 89.18 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-222 5 PIN WATERPROOF CONNECTOR Public Works Department 34.98 AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-489 PROMOS DISCOUNT Public Works Department 15.57- AMAZON CAPITAL SERVICE 02/26/2024 122907 1C7T-VNTC-101-43000-489 SHIPPING/HANDLING Public Works Department 11.96 AMAZON CAPITAL SERVICE 02/26/2024 122907 1V6L-76VD-3 601-49400-222 TIE DOWNTRACK FOR UNIT 700 166.59 AMAZON CAPITAL SERVICE 02/26/2024 122907 1V6L-76VD-3 701-49800-215 FLEET SHOP SUPPLIES 27.21 AMAZON CAPITAL SERVICE 02/26/2024 122907 1V6L-76VD-3 601-49400-240 PROTECTIVE CASE FOR WATER TESTER 31.99 AMAZON CAPITAL SERVICE 02/26/2024 122907 1V6L-76VD-3 701-49800-221 HOOKS AND CLAMPS FOR TRUCK SALTER STA 97.80 Total 122907:1,629.95 API GARAGE DOOR, INC.02/26/2024 122908 Z266040 101-41900-404 GARAGE DOOR SERVICE Central Services 2,200.00 Total 122908:2,200.00 AWWA 02/26/2024 122909 SO149122 601-49400-433 AWWA MEMBERSHIP 240.00 Total 122909:240.00 BEAUDRY OIL & SERVICE INC 02/26/2024 122910 2570924 701-49800-212 DIESEL FUEL 960.47 BEAUDRY OIL & SERVICE INC 02/26/2024 122910 2570925 701-49800-212 UNLEADED FUEL 4,020.48 Total 122910:4,980.95 BITUMINOUS ROADWAYS INC 02/26/2024 122911 2023 TONKA 602-20600 22-021 TONKAWA FORCEMAIN REPLACEMENT 15,733.35 BITUMINOUS ROADWAYS INC 02/26/2024 122911 2023 TONKA 602-16500 22-021 TONKAWA FORCEMAIN REPLACEMENT 17,368.80 Total 122911:33,102.15 BOLTON & MENK INC.02/26/2024 122912 0329522 602-16500 22-021 FORCEMAIN REPLACEMENT (TONKAWA)4,115.00 BOLTON & MENK INC.02/26/2024 122912 0329523 602-16500 23-014 SANITARY SEWER REHABILITATION 6,829.50 BOLTON & MENK INC.02/26/2024 122912 0329525 101-43280-304 LA21-000037 ORCHARD CREEK Special Services 196.50 BOLTON & MENK INC.02/26/2024 122912 0329526 435-48976-304 23-001 STREETS PROJECT 627.00 BOLTON & MENK INC.02/26/2024 122912 0329818 602-49450-305 GIS MAINTENANCE SEWER Sewer 1,185.50 BOLTON & MENK INC.02/26/2024 122912 0329818 101-43050-319 GIS MAINTENANCE WATER Public Works - Spring Park 1,696.00 BOLTON & MENK INC.02/26/2024 122912 0329818 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 1,042.50 BOLTON & MENK INC.02/26/2024 122912 0329818 101-42400-305 GIS FOR CDD Building & Zoning 799.50 BOLTON & MENK INC.02/26/2024 122912 0329818 101-43170-305 GIS MAINTENANCE GENERAL Engineering 1,165.50 11 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.02/26/2024 122912 0329821 602-49450-305 GIS MAINTENANCE SEWER Sewer 1,313.50 BOLTON & MENK INC.02/26/2024 122912 0329821 101-43050-319 GIS MAINTENANCE WATER Public Works - Spring Park 1,419.00 BOLTON & MENK INC.02/26/2024 122912 0329821 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 946.00 BOLTON & MENK INC.02/26/2024 122912 0329821 101-43170-305 GIS MAINTENANCE GENERAL Engineering 664.50 BOLTON & MENK INC.02/26/2024 122912 0329822 101-19999 GIS WORK FOR SPRING PARK 171.00 BOLTON & MENK INC.02/26/2024 122912 0329823 234-45680-304 24-026 LURTON PARK PARKING LOT 30.00 BOLTON & MENK INC.02/26/2024 122912 0329828 408-48800-590 21-040 NAVARRE PARKING LOT 555.50 BOLTON & MENK INC.02/26/2024 122912 0329829 602-16500 24-014 SANITARY SEWER REHAB (CIPP)9,517.50 BOLTON & MENK INC.02/26/2024 122912 0329830 101-43280-304 LA21-000037 ORCHARD CREEK Special Services 381.00 BOLTON & MENK INC.02/26/2024 122912 0329831 435-48978-304 24-001 2024 STREETS IMPROVEMENTS PROJE 2,439.50 BOLTON & MENK INC.02/26/2024 122912 0329833 101-45200-304 23-046 PICKLBALL MASTER PLAN AD DONATION Parks 174.00 Total 122912:35,268.50 BOYER TRUCKS - ST MICHAEL 02/26/2024 122913 093P8980 701-49800-222 ENGINE REPAIR PARTS UNIT 424 336.83 Total 122913:336.83 CAMPBELL KNUTSON 02/26/2024 122914 2717-0000G 101-41600-307 ADMINISTRATION/GENERAL MATTERS 01/24 Law/Legal Services 4,340.32 CAMPBELL KNUTSON 02/26/2024 122914 2717-0004G 101-42110-307 POLICE MATTERS 01/24 Police Department 34.00 CAMPBELL KNUTSON 02/26/2024 122914 2717-0740G 703-49960-379 LITIGATION - MERA CLAIM 7,369.33 CAMPBELL KNUTSON 02/26/2024 122914 2717-0801G 101-41600-307 COUNCIL MEETINGS 01/24 Law/Legal Services 918.00 CAMPBELL KNUTSON 02/26/2024 122914 2717-0802G 101-42400-307 B&Z ASSISTANCE 01/24 Building & Zoning 323.00 CAMPBELL KNUTSON 02/26/2024 122914 2717-0805G 101-42260-307 FIRE MATTERS Fire Protection Services 544.00 CAMPBELL KNUTSON 02/26/2024 122914 2717-0844G 703-49960-379 LMCD/DRAGONFLY HILL 146.00 CAMPBELL KNUTSON 02/26/2024 122914 2717-0893G 101-43280-307 LA23-000045 - 1250/1260 SPRUCE PLACE Special Services 110.00 CAMPBELL KNUTSON 02/26/2024 122914 2717-0894G 101-43280-307 LA23-000082 565 LEAF STREET Special Services 230.00 CAMPBELL KNUTSON 02/26/2024 122914 2717-0895G 101-43280-307 LA23-000083 3175 JAMESTOWN ROAD Special Services 235.00 Total 122914:14,249.65 CENTRAL PENSION FUND SOU 02/26/2024 122915 02.22.2024 F 101-21705 CENTRAL PENSION FUND 02.22.2024 1,009.83 Total 122915:1,009.83 CITY OF BLOOMINGTON 02/26/2024 122916 23247 601-49400-489 LAB FEES 36.00 Total 122916:36.00 CITY OF MONTICELLO 02/26/2024 122917 0030464 101-42110-317 ANIMAL CARE Police Department 194.00 12 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122917:194.00 DAVID BIEKER 02/26/2024 122918 RPS22-0001 101-22205 ESCROW REFUND - RPS22-000149 - 4041 NORT 1,000.00 Total 122918:1,000.00 DAVID WEEKLY HOMES 02/26/2024 122919 RPS22-0001 101-22205 ESCROW REFUND-RPS22-000140 - 2412 NORTH 10,000.00 DAVID WEEKLY HOMES 02/26/2024 122919 RPS23-0000 101-22205 ESCROW REFUND - RPS23-000029 - 2430 NORT 10,000.00 Total 122919:20,000.00 EBERT INC 02/26/2024 122920 PW PAY APP 440-48970-520 21-039 NEW PUBLIC WORK FACILITY CONSTRU 542,415.56 Total 122920:542,415.56 ECM PUBLISHERS INC 02/26/2024 122921 984297 101-41900-352 2022 FINANCIAL STATEMENTS Central Services 971.60 ECM PUBLISHERS INC 02/26/2024 122921 985179 101-42400-340 PH FOR B&Z Building & Zoning 103.71 ECM PUBLISHERS INC 02/26/2024 122921 986567 101-45210-343 GOLF ADVERTS Golf Course 313.20 Total 122921:1,388.51 Emergency Medical Products Inc 02/26/2024 122922 2592927 101-42110-240 SQUAD MEDICAL SUPPLIES Police Department .95 Emergency Medical Products Inc 02/26/2024 122922 2593426 101-42110-240 SQUAD MEDICAL SUPPLIES Police Department 143.90 Emergency Medical Products Inc 02/26/2024 122922 2596334 101-42110-240 SQUAD MEDICAL SUPPLIES Police Department 143.90 Total 122922:288.75 Ferguson Enterprises LLC #3325 02/26/2024 122923 0254679 601-49400-240 PURCHASE LOCATOR FOR TRK 709 1,229.95 Total 122923:1,229.95 FIDELITY SECURITY LIFE INSU 02/26/2024 122924 166130244 101-21716 VISION PLAN 02.2024 264.01 Total 122924:264.01 G&H Distributing & Supply Inc 02/26/2024 122925 00175421 701-49800-221 HYDRAULIC HOSE SALTER - UNIT 431 272.67 Total 122925:272.67 13 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GENUINE PARTS COMPANY/NA 02/26/2024 122926 3270-591811 701-49800-221 CAB FILTERS FOR SQUADS 40.06 GENUINE PARTS COMPANY/NA 02/26/2024 122926 3270-591892 701-49800-213 CREDIT 31.47- GENUINE PARTS COMPANY/NA 02/26/2024 122926 3270-592025 701-49800-222 WIPER BLADES SQUAD CARS 125.26 GENUINE PARTS COMPANY/NA 02/26/2024 122926 3270-592027 701-49800-213 CREDIT 11.49- GENUINE PARTS COMPANY/NA 02/26/2024 122926 3270-592653 701-49800-222 AIR FILTER FOR CHARGERS 145.51 GENUINE PARTS COMPANY/NA 02/26/2024 122926 3270-592654 701-49800-222 IDLER PULLEY AND BELT PD SQ. 268 64.61 Total 122926:332.48 GOPHER ACE 02/26/2024 122927 019191/1 101-45200-404 PICNIC TABLE REPAIRS Parks 54.45 GOPHER ACE 02/26/2024 122927 019228/1 101-41900-223 BUILDING SUPPLIES Central Services 36.97 GOPHER ACE 02/26/2024 122927 19147/1 602-49450-240 STRAPS FOR PUMPS Sewer 39.99 GOPHER ACE 02/26/2024 122927 19181/1 101-41900-223 SUPER GLUE Central Services 7.99 GOPHER ACE 02/26/2024 122927 19182/1 101-45200-404 PICNIC TABLE REPAIRS Parks 29.98 GOPHER ACE 02/26/2024 122927 19186/1 101-43000-240 CLEANING SUPPLIES Public Works Department .98 GOPHER ACE 02/26/2024 122927 19195/1 101-45200-404 PARTS FOR PICNIC TABLE REPAIR Parks 60.76 GOPHER ACE 02/26/2024 122927 19215/1 101-45200-404 PICNIC TABLE REPAIRS Parks 12.16 GOPHER ACE 02/26/2024 122927 19224/1 101-43000-221 CHAIN SAW CHAIN Public Works Department 45.98 GOPHER ACE 02/26/2024 122927 19236/1 101-43000-212 CHAINSAW BAR OIL Public Works Department 76.48 GOPHER ACE 02/26/2024 122927 19237/1 101-45200-404 PICNIC TABLE REPAIRS Parks 59.47 GOPHER ACE 02/26/2024 122927 19239/1 101-45200-404 PICNIC TABLE REPAIRS Parks 24.58 GOPHER ACE 02/26/2024 122927 19298-1 701-49800-215 MISC SUPPLIES 36.54 Total 122927:486.33 GRAINGER INC 02/26/2024 122928 9020947678 101-41900-223 CLEANING SUPPLIES Central Services 473.17 Total 122928:473.17 HAWKINS INC 02/26/2024 122929 6689448 601-49400-216 CHLORINE TANKS 90.00 Total 122929:90.00 HENNEPIN COUNTY INFOR TE 02/26/2024 122930 1000218750 101-42110-414 RADIO/MDC LEASES Police Department 2,758.84 HENNEPIN COUNTY INFOR TE 02/26/2024 122930 1000218773 101-43000-415 PW RADIOS Public Works Department 305.58 Total 122930:3,064.42 HERITAGE GLASS COMPANY 02/26/2024 122931 24013 101-43000-402 REPLACE PASSENGER SIDE GLASS UNIT 428 Public Works Department 453.68 14 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122931:453.68 HOLTON ELECTRIC CONTRACT 02/26/2024 122932 6435 101-43000-404 REPAIRED CORD REELS Public Works Department 946.61 Total 122932:946.61 HOTSY MINNESOTA 02/26/2024 122933 20104 101-41900-404 PRESSURE WASHER REPLACEMENT Central Services 844.81 Total 122933:844.81 International Union Local #49 02/26/2024 122934 02.2024 DUE 101-21707 LOCAL 49 DUES - 02/2024 455.00 Total 122934:455.00 JOSEPH CARPENTRY 02/26/2024 122935 RPS22-0000 101-22205 ESCROW REFUND-RPS22-000034 - 2635 CASCA 1,000.00 Total 122935:1,000.00 JR'S ADVANCED RECYCLERS 02/26/2024 122936 112398 603-49500-489 LIGHT BULB APPLIANCE AND TIRE DISPOSAL 392.20 Total 122936:392.20 KENNETH BECK 02/26/2024 122937 2024.02 KB 101-42110-439 BANQUET ITEMS - GROCERY Police Department 64.06 Total 122937:64.06 KYLE KIRSCHNER 02/26/2024 122938 02.2024 KK 101-42110-439 MEETING SUPPLIES Police Department 83.94 KYLE KIRSCHNER 02/26/2024 122938 02.2024 KK 101-42110-437 TRAINING / KIRSCHNER Police Department 138.51 Total 122938:222.45 LANO EQUIPMENT INC 02/26/2024 122939 03-1055719 101-43000-221 SWEEPER PICK UP FOR BOBCATS Public Works Department 1,293.89 LANO EQUIPMENT INC 02/26/2024 122939 03-1055719 651-49910-221 SWEEPER PICK UP FOR BOBCATS Storm Water 1,293.88 LANO EQUIPMENT INC 02/26/2024 122939 03-1055719 602-49450-221 SWEEPER PICK UP FOR BOBCATS Sewer 1,293.88 LANO EQUIPMENT INC 02/26/2024 122939 03-1055719 101-45200-221 SWEEPER PICK UP FOR BOBCATS Parks 1,293.88 LANO EQUIPMENT INC 02/26/2024 122939 03-1055719 601-49400-221 SWEEPER PICK UP FOR BOBCATS 1,293.88 LANO EQUIPMENT INC 02/26/2024 122939 03-1055873 701-49800-221 SPRING HOLDER FOR HYDRAULIC HOSES 63.56 LANO EQUIPMENT INC 02/26/2024 122939 03-1055932 101-43000-221 HYDRAULIC FITTING REPLACEMENT UNIT 452 Public Works Department 214.62 15 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 122939:6,747.59 LAW ENFORCEMENT LABOR S 02/26/2024 122940 02.2024 DUE 101-21707 LELS DUES - LOCAL 168 02/2024 352.50 LAW ENFORCEMENT LABOR S 02/26/2024 122940 02.2024 DUE 101-21707 LELS DUES - LOCAL 40 02/2024 1,446.16 Total 122940:1,798.66 LECY BROS HOME & REMODEL 02/26/2024 122941 LA24-000002 101-22205 ESCROW REFUND - LA24-000002 - 2617 CASCO 700.00 Total 122941:700.00 LEOWEBPROTECT.com 02/26/2024 122942 8027017362 101-42110-433 MONTHLY SUBSCRIPTION 2/24 Police Department 143.06 Total 122942:143.06 LINDSTROM RESTORATION 02/26/2024 122943 23096-18 101-42110-404 WATER LEAK - PD Police Department 7,240.63 Total 122943:7,240.63 MACQUEEN EQUIPMENT LLC 02/26/2024 122944 P25669 415-42260-580 DRAFTING STRAINER 953.98 MACQUEEN EQUIPMENT LLC 02/26/2024 122944 P25776 415-42260-580 HELMETS FOR FIREFIGHTERS 1,460.00 Total 122944:2,413.98 MINNEAPOLIS OXYGEN COMPA 02/26/2024 122945 20306070 101-42110-221 MEDICAL OXYGEN Police Department 118.92 Total 122945:118.92 MN - LEAP 02/26/2024 122946 2024 DUES - 101-42110-433 2024 MEMBER DUES - GEHLEN Police Department 50.00 MN - LEAP 02/26/2024 122946 2024 DUES - 101-42110-433 2024 MEMBERSHIP-RASMUSSEN Police Department 50.00 MN - LEAP 02/26/2024 122946 2024 DUES - 101-42110-433 2024 MEMBERSHIP- K. MCGREGOR Police Department 50.00 Total 122946:150.00 MOTOROLA 02/26/2024 122947 8281815834 415-42260-580 APX RADIOS AND ACCESSORIES (QTY 1)933.12 MOTOROLA 02/26/2024 122947 8281816514 415-42260-580 APX RADIOS AND ACCESSORIES (QTY 1)64,908.80 Total 122947:65,841.92 16 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NAPA Auto Parts 02/26/2024 122948 3270-584761 701-49800-213 BREAK CLEANER 31.47 Total 122948:31.47 NAVARRE HARDWARE 02/26/2024 122949 345441 602-49450-489 MOTH BALLS FOR GENERATORS.Sewer 23.98 NAVARRE HARDWARE 02/26/2024 122949 345455 101-42110-240 MISC HARDWARE Police Department 1.12 Total 122949:25.10 NCPERS GROUP LIFE INS.02/26/2024 122950 6732000320 101-21710 PERA LIFE 3/2024 416.00 Total 122950:416.00 Newegg Business Inc 02/26/2024 122951 1304900120 710-49970-221 MONITOR STAND - PW 89.98 Total 122951:89.98 OFFICE DEPOT 02/26/2024 122952 3542349980 101-42110-201 MISC OFFICE SUPPLIES Police Department 32.78 OFFICE DEPOT 02/26/2024 122952 3542351430 101-42110-201 OFFICE SUPPLIES Police Department 38.49 OFFICE DEPOT 02/26/2024 122952 3542351440 101-42110-201 MISC OFFICE SUPPLIES Police Department 56.04 Total 122952:127.31 OPD BUSINESS SOLUTIONS LL 02/26/2024 122953 3534179500 101-41900-201 KITCHEN SUPPLIES Central Services 29.00 OPD BUSINESS SOLUTIONS LL 02/26/2024 122953 3534179500 101-41900-201 PENS Central Services 27.29 OPD BUSINESS SOLUTIONS LL 02/26/2024 122953 3534307660 101-41900-201 FILING TABS Central Services 9.49 OPD BUSINESS SOLUTIONS LL 02/26/2024 122953 3534307660 101-41900-201 POST IT Central Services 19.99 OPD BUSINESS SOLUTIONS LL 02/26/2024 122953 3534307660 101-41900-201 PENS Central Services 26.58 Total 122953:112.35 OPEIU - LOCAL 12 02/26/2024 122954 02.2024 DUE 101-21707 UNION DUES - LOCAL 12 02/2024 784.00 OPEIU - LOCAL 12 02/26/2024 122954 02.2024 DUE 101-41900-489 UNION DUES 2/2024-REMAINING AMT DUE Central Services 42.00 Total 122954:826.00 Perry's Truck Repair 02/26/2024 122955 1849 405-48500-550 PAINTING BRACKETS FOR UNIT 700 575.00 Total 122955:575.00 17 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount QUADIENT INC 02/26/2024 122956 Q1201031 101-41900-401 POSTAGE MACHING LEASE 03.16.24 - 06.15.24 Central Services 483.63 Total 122956:483.63 SEAN KEATING 02/26/2024 122957 2320 OLIVE 999-10015 UB REFUND - 2320 OLIVER HILL - KEATING 100.00 Total 122957:100.00 SUN LIFE FINANCIAL 02/26/2024 122958 02.2024 LIFE 101-21710 LIFE INSURANCE - 02/2024 1,388.90 SUN LIFE FINANCIAL 02/26/2024 122958 02.2024 ST 101-21710 LIFE INSURANCE - 02/2024 1,011.70 Total 122958:2,400.60 THE HARTFORD 02/26/2024 122959 02.2024 101-21713 LTD 02/2024 1,781.74 Total 122959:1,781.74 TimeSaver Off Site Secretarial Inc 02/26/2024 122960 M28898 101-41110-439 CC MINUTES 01/22/2024 Mayor & Council 167.00 TimeSaver Off Site Secretarial Inc 02/26/2024 122960 M28898 101-42400-439 PC MINUTES 1/16/2024 Building & Zoning 285.50 Total 122960:452.50 TRANSPORT GRAPHICS 02/26/2024 122961 300680 415-42260-580 GRAPHICS FOR E1 11,282.50 TRANSPORT GRAPHICS 02/26/2024 122961 300700 101-42260-402 GRAPHICS FOR STAFF EXPLORER Fire Protection Services 1,033.50 Total 122961:12,316.00 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 701-49800-221 SHOP TOWELS - PW 8.33 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 101-41900-223 CLEANING TOWELS Central Services 11.87 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 44.67 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 601-49400-226 UNIFORMS PW-WATER DEPT 44.67 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 101-43000-226 UNIFORMS - PW Public Works Department 44.68 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 701-49800-226 UNIFORMS-FLEET 44.68 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 44.67 UNIFIRST CORPORATION 02/26/2024 122962 1410040330 101-45200-226 UNIFORMS-PARKS Parks 44.67 UNIFIRST CORPORATION 02/26/2024 122962 1410041770 101-41900-223 CLEANING TOWELS Central Services 11.87 UNIFIRST CORPORATION 02/26/2024 122962 1410041770 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 02/26/2024 122962 1410041770 701-49800-221 SHOP TOWELS - PW 8.33 UNIFIRST CORPORATION 02/26/2024 122962 1410041770 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 47.31 18 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 02/26/2024 122962 1410041770 601-49400-226 UNIFORMS PW-WATER DEPT 47.31 UNIFIRST CORPORATION 02/26/2024 122962 1410041770 701-49800-226 UNIFORMS - FLEET 47.31 UNIFIRST CORPORATION 02/26/2024 122962 1410041770 101-43000-226 UNIFORMS - PW Public Works Department 47.31 UNIFIRST CORPORATION 02/26/2024 122962 1410041770 101-45210-226 UNIFORMS-GOLF COURSE Golf Course 47.30 UNIFIRST CORPORATION 02/26/2024 122962 1410041770 101-45200-226 UNIFORMS-PARKS Parks 47.30 Total 122962:644.54 UNLIMITED SUPPLIES INC 02/26/2024 122963 460461 701-49800-215 NUTS AND BOLTS GRADE 8 14.98 Total 122963:14.98 US Bank Equipment Finance 02/26/2024 122964 522579408 710-49970-413 COPIERS - LEASE 1,323.51 US Bank Equipment Finance 02/26/2024 122964 522579408 710-49970-413 OVERAGE 73.12 Total 122964:1,396.63 VERIZON WIRELESS 02/26/2024 122965 9956365898 101-45200-321 LURTON SECURITY CAMERA Parks 80.02 VERIZON WIRELESS 02/26/2024 122965 9956365898 101-42110-221 SECURITY CAMERAS Police Department 80.02 Total 122965:160.04 WASTE MANAGEMENT RECYC 02/26/2024 122966 0110346-280 603-49500-316 RECYCLING FEB 2024 19,365.34 Total 122966:19,365.34 WILLIAMS TOWING INC 02/26/2024 122967 24-17486 701-49800-402 UNIT 260 TOW TO TGK FOR REPAIR 198.00 Total 122967:198.00 Winterfrost Productions 02/26/2024 122968 WFP-2023-0 101-45200-489 SANTA RENTAL Parks 500.00 Total 122968:500.00 Wright-Hennepin Coop Electric 02/26/2024 122969 35031110224 101-43100-381 BRUSH SITE 01/01-02/01 Brush Site 32.61 Wright-Hennepin Coop Electric 02/26/2024 122969 35031110224 613-49830-381 GC SECURITY 03/31/2024 Golf Course 42.21 Wright-Hennepin Coop Electric 02/26/2024 122969 35031110224 101-43000-381 ELECTRICAL SERVICE 01/01/24-02/01/24 Public Works Department 206.32 Total 122969:281.14 19 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 2/13/2024 - 2/26/2024 Feb 22, 2024 10:42AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ZUMBRO TOOLS 02/26/2024 122970 021224828 701-49800-240 WIRE SIDE CUTTER 73.25 Total 122970:73.25 DUNCAN CO 02/26/2024 20130441 3134726 601-49400-405 SOFTENER VALVES FOR NAVARRE WATERPLAN 49,565.00 Total 20130441:49,565.00 INNOVO BENEFITS ADMINISTR 02/26/2024 20130442 1359663 601-49400-135 HEALTH INSURANCE - 03.2024-BR 768.54 INNOVO BENEFITS ADMINISTR 02/26/2024 20130442 1359663 101-42110-135 HEALTH INSURANCE - 03.2024-DM Police Department 768.54 INNOVO BENEFITS ADMINISTR 02/26/2024 20130442 1359663 101-21706 HEALTH INSURANCE - 03.2024 61,121.96 Total 20130442:62,659.04 MEDSURETY LLC 02/26/2024 20130443 01.12.24-02.101-21719 FSA 01.12.24-02.18.24 20.57 Total 20130443:20.57 MN DEPT OF REVENUE-WIRE 02/26/2024 20130444 2024.01 SAL 601-39610 WATER METER SALES 01.2024 67.00 MN DEPT OF REVENUE-WIRE 02/26/2024 20130444 2024.01 SAL 101-34650 POLICE REPORT SALES TAX 2.00 MN DEPT OF REVENUE-WIRE 02/26/2024 20130444 2024.01 SAL 601-20806 WATER TAXABLE SALES 2024.01 816.00 MN DEPT OF REVENUE-WIRE 02/26/2024 20130444 2024.01 SAL 613-37910 GREEN FEES 83.00 Total 20130444:968.00 Grand Totals: 910,516.30 20 Item No.: 3 Date: February 26, 2024 Presenter: Christine Lusian Presenter: City Clerk Section:Consent Agenda Title: Election Judge Compensation 1.Purpose: The purpose of the items is to establish election judge compensation rates for the 2024 elections. 2.Background: Minn. Statute 204B.195 authorizes people to take paid time off from their regular jobs to train and serve in elections. For people not working a regular job during elections, Minn. Statute 204B.31 authorizes us to pay election workers, though election workers may decline and volunteer unpaid. The table below is the proposed compensation for election workers in 2024. Role Hourly Rate Election Judge $15.00 Absentee Judge $16.00 Head Election Judge $17.00 Minn. Statute also authorizes election employees to receive mileage reimbursement. Mileage will be reimbursed at the IRS rate of 0.67 per mile for election-related tasks, such as pick up and return of election equipment and supplies. Head Election Judges are eligible for cell phone reimbursement in the amount of $10.00 each election. 3.Staff Recommendation: Approve election judge compensation AGENDA ITEM COUNCIL ACTION REQUESTED Approve compensation rates for election judges 21 Item No.: 4 Date: February 26, 2024 Presenter: Christine Lusian Presenter: City Clerk Section:Consent Agenda Title: City Code Update - Adopt Ordinances 289-295 1.Purpose: Approve updates and adopt the ordinances 2.Background: Orono began a recodification project in 2022. Recodification is a process authorized by Minn. Stat.§ 415.021 that includes a thorough legal review of the city’s local laws to ensure provisions are comprehensive, lawful and enforceable. Best practice is to conduct a review every 10-15 years so that the local regulations are current, relevant, and address the needs of the community. The following sections have been available online for public review and comment, reviewed by staff (police chief, community development director, finance director, parks golf course superintendent, public works superintendent, city administrator/engineer, city clerk), and by the city's attorney. Topic Summary of change Reviewed by Proposed ordinance Utility disconnect added procedure and state law FD, CA/E, CDD, attorney 289 Conduct in parks and public swimming areas added clarifying language PGCS, PWS, CA/E, PC, attorney 290 Alcohol operations added clarifying language PC, CC, attorney 291 On site sewage disposal added clarifying language CA/E, PWS, CDD, attorney 292 Juvenile curfew added state law section PC, CA/E, CDD, attorney 293 Controlled substance manufacture remove for state law PC, CC, attorney 294 Dance businesses removed for nonuse CA/E, CC, attorney 295 3.Staff Recommendation: Approve the updates and adopt ordinances 289-295. AGENDA ITEM 22 COUNCIL ACTION REQUESTED Adopt ordinances 289-295 and approve summary publications for each. Exhibits Ordinance 289 Ordinance 290 Ordinance 291 Ordinance 292 Ordinance 293 Ordinance 294 Ordinance 295 23 1 ORDINANCE NO. 289 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE II, CHAPTER 14, ARTICLE III, DIVISION I, SECTION 14-75 OF THE CITY CODE CONCERNING DISCONTIUANCE OF MUNICIPAL UTILITY SERVICE THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title II, Chapter 14, Article III, Division I, Section 14-75 is hereby amended by adding the underlined language and deleting the strikethrough language as follows: (a)Grounds for Discontinuance.All municipal utilities may be shut off or discontinued whenever it is found that: (1) The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any related requirement of this Code or any connection with the system; (2) Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice; or (3) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges. (b)Notice and Procedure. It is city policy to annually certify delinquent utility accounts to Hennepin County for collection with the following year’s property tax levy. If it is deemed more appropriate to discontinue utility service by reason of nonpayment of bills, it is the policy of the city to discontinue utility service to customers only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect: (1) That all bills are due and payable on or before the date set forth on the bill; (2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and (3) That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any 24 2 other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint. Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days. When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, and must be in accordance with § 14-78 of this code, as that ordinance may be amended from time to time. (c)Cold Weather Rule. Pursuant to M.S. § 216B.097, as it may be amended from time to time, no service of a residential customer shall be disconnected if the disconnection affects the primary heat source for the residential unit when the disconnection would occur during the period between October 1 and April 30, the customer has declared inability to pay on forms provided by the city, the household income of the customer is at or below 50% of the state median household income as documented by the customer to the city, and the customer’s account is current for the billing period immediately prior to October 1 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule. The City Clerk shall, between August 1 and October 30, of each year, notify all residential customers of these provisions. SECTION 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 25 3 SUMMARY PUBLICATION ORDINANCE NO. 289 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING THE CITY CODE CONCERNING DISCONTIUANCE OF MUNICIPAL UTILITY SERVICE The City Council of the City of Orono, Minnesota approved updates to articles of the city code of ordinances, Title II, Chapter 14, Article III, Division I, Section 14-75 and adopts notice and procedural requirements for discontinuance of municipal utility service for customer failure to make payments when due. 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 26 1 ORDINANCE NO. 290 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE III, CHAPTER 22, ARTICLE III, SECTIONS 22-86 AND 22-99 OF THE CITY CODE CONCERNING CONDUCT IN PARKS AND PUBLIC SWIMMING AREAS THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title III, Chapter 22, Article III, Section 22-86 is hereby amended by adding the underlined language and deleting the strikethrough language to the following definitions: Obscenities means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products and that either have no other meaning or in context are clearly used for their bodily, sexual or excretory meaning. an expression that, taken as a whole, appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. Threats occur when the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. Fighting words means an expression likely to provoke the average person to retaliation, and thereby cause a breach of the peace. SECTION 2. Orono City Code Title III, Chapter 22, Article III, Section 22-99 is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 22-99. Nudity, sexual conduct, obscenities, threats, fighting words. In a park or swimming beach, Nno person shall engage in nudity or sexual conduct, or audibly express obscenities, in a park or swimming beach direct threats at a particular individual or group of individuals, or utter fighting words likely to provoke an average person to retaliation and thereby cause a breach of the peace. SECTION 3. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO 27 2 By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 28 3 SUMMARY PUBLICATION ORDINANCE NO. 290 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING THE CITY CODE CONCERNING CONDUCT IN PARKS AND PUBLIC SWIMMING AREAS The City Council of the City of Orono, Minnesota approved updates to articles of the city code of ordinances, Title III, Chapter 22, Article III, Section 22-86 definition of “obscenity” and adds definitions of “threats”, and “fighting word” as they relate to regulation of conduct in parks and swimming areas; and Section 22-99 to prohibit utterance of threats and fighting words in a park or swimming beach. 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 29 ORDINANCE NO. 291 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE IV, CHAPTER 34, ARTICLE III, SECTIONS 34-53 (c) and (d) AND 34-55 OF THE CITY CODE CONCERNING ALCOHOL OPERATIONS THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title IV, Chapter 34, Article III, Section 34 (c) and (d) are hereby amending by adding the underlined language and deleting the strikethrough language as follows: (c)Closing.It is unlawful for any person, other than an on-sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this chapter more than 30 minutes after the legal time for making licensed sales; however, this subsection shall not apply to licensees, employees of licensees and patrons on licensed premises for the sole purpose of preparing, serving or consuming food or beverages other than nonintoxicating malt liquor, wine or liquor alcoholic beverages. (d)Display.No person shall display any alcoholic beverage to the public in any manner in an on- or off-sale licensed operation during the hours in which consumption sale is not permitted. SECTION 2.Orono City Code Title IV, Chapter 34, Article III, Section 34-55 is hereby amending by adding the underlined language and deleting the strikethrough language as follows: It is unlawful for any person issued a license provided for in this article to permit upon licensed premises any nudity, obscene performance or continued use of obscenities by any agent, employee, patron or other person. An expression or performance is obscene if it appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. SECTION 3. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO 30 By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 31 SUMMARY PUBLICATION ORDINANCE NO. 291 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING THE CITY CODE CONCERNING ALCOHOL OPERATIONS The City Council of the City of Orono, Minnesota approved updates to articles of the city code of ordinances, Title IV, Chapter 34, Article III, Section 34 (c) and (d) to clarify when sales of alcoholic beverages are prohibited; and amends Section 35-55 to clarify what conduct is prohibited at a licensed premises. 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 32 1 ORDINANCE NO. 292 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE V; CHAPTER 58; ARTICLE II; DIVISION 3, SECTION 58-57; DIVISION 4, SECTION 58-63 (4); AND DIVISION 6, SECTION 58-71 (a) (4) OF THE CITY CODE CONCERNING ON SITE SEWAGE DISPOSAL THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title V, Chapter 58, Article II, Division 3 Section 58-57 is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Any time a SSTS is installed, replaced, abandoned, altered, repaired, rejuvenated, or extended, Ccompliance inspections for construction, replacement, alteration or repair work on SSTS shall be conducted by the health authority. SECTION 2. Orono City Code Title V, Chapter 58, Article II, Division 4, Section 58-63 (4) is hereby amended by adding the underlined language and deleting the strikethrough language as follows: (4) Any addition or remodel of a licensed food, beverage, or lodging establishment or any Other Establishment where the sewage treatment system's designed flow may be eaffected. SECTION 3.Orono City Code Title V, Chapter 58, Article II, Division 6, Section 58-71 (a) (4) is hereby amended by adding the underlined language and deleting the strikethrough language as follows: (4) If the existing system is found to be out of compliance noncompliant, it must be brought into compliance prior to transfer of the property. If the system is not brought into compliance prior to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. SECTION 4. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO 33 2 By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 34 3 SUMMARY PUBLICATION ORDINANCE NO. 292 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING THE CITY CODE CONCERNING ON SITE SEWAGE DISPOSAL The City Council of the City of Orono, Minnesota approved updates to articles of the city code of ordinances, Title V, Chapter 58, Article II, Division 3, Section 58-57 to require an inspection by a health authority anytime an SSTS is installed, replaced, abandoned, altered, rejuvenated, or extended; amends Title V, Chapter 58, Article II, Division 4, Section 58- 63 (4) to correct a scrivener’s error; and amends Title V, Chapter 58, Article II, Division 6, Section 58-71 (a) (4) to clarify noncompliant individual sewage treatment systems on land upon which a dwelling is located may not be sold or transferred unless the system is brought into compliance prior to sale or transfer or owner provides buyer a sufficient security to assure the installation of a complying ISTS. 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 35 1 ORDINANCE NO. 293 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE V, CHAPTER 70, ARTICLE VI, SECTION 70-273 OF THE CITY CODE CONCERNING THE PENALTY FOR VIOLATING JUVENILE CURFEW THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title V, Chapter 70, Article VI, Section 70-273 is hereby amended by adding the underlined language and deleting the strikethrough language as follows: (a) Violation of section 70-274 (a), (b) or (c) will be prosecuted pursuant to Minn. Stat. § 260.195 260B.235 and will be subject to the penalties therein. (b) Violation of section 70-274 (d) or (e) is a misdemeanor and will be subject to the penalty set forth in Minn. Stat. § 609.03 SECTION 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 36 2 SUMMARY PUBLICATION ORDINANCE NO. 293 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING THE CITY CODE CONCERNING JUVENILE CURFEW VIOLATION PENALTY The City Council of the City of Orono, Minnesota approved updates to articles of the city code of ordinances, Title V, Chapter 70, Article VI, Section 70-273 by updating a statutory citation. 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 37 1 ORDINANCE NO. 294 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REPEALING TITLE V, CHAPTER 50, ARTICLE III OF THE CITY CODE CONCERNING CLANDESTINE DRUG LABS THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title V, Chapter 50, Article III of the City Code is hereby repealed in its entirety. SECTION . This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 38 2 SUMMARY PUBLICATION ORDINANCE NO. 294 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING THE CITY CODE CONCERNING CLANDESTINE DRUG LABS The City Council of the City of Orono, Minnesota approved updates to articles of the city code of ordinances and repeals City Code Title V, Chapter 50, Article III concerning clandestine drug labs in its entirety. 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 39 ORDINANCE NO. 295 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REPEALING TITLE IV, CHAPTER 38, ARTICLE III CONCERING PUBLIC DANCES THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title IV, Chapter 38 Article III concerning public dances is hereby repealed in its entirety. SECTION 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 40 SUMMARY PUBLICATION ORDINANCE NO. 295 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING THE CITY CODE CONCERNING PUBLIC DANCES The City Council of the City of Orono, Minnesota approved updates to articles of the city code of ordinances and repeals City Code Title IV, Chapter 38, Article III concerning public dances in its entirety. 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 41 Item No.: 5 Date: February 26, 2024 Presenter: Adam Edwards Presenter: City Administrator / Engineer Section:Consent Agenda Title: City Code Update - Adopt Ordinance 296 1.Purpose: The purpose of this item is to approve changes proposed for Title III, Chapter 18 Streets and Parks as part of the recodification project. 2.Background: Recodification is a process that includes a full legal and thorough review of the city’s municipal code that helps ensure that provisions are comprehensive, lawful and enforceable. In addition, it is recommended that a legal review be conducted every 10-15 years for municipal codes to address the needs of the city's stakeholders. The City Code was last republished in 2003. In 2022, the city initiated a project to recodify the City Code. Municode, the city’s code publication vendor, completed an initial chapter by chapter review. Orono staff took that review and has over the past 18 months have been reviewing chapter by chapter of the city code for updates. Staff reviews were then followed by review by the City Attorney. 3.Summary: The following summarizes the proposed updates. The complete list of changes is at Exhibit A. Section Updates / Proposed Changes 18-1 Definitions - Moved some driveway definitions to Section 78. - Added a series of definitions that are pertinent to the section. - Amended the ROW definition to align withe State Statue 18-2 Obstruction - Simplified Language 18-3 Visibility Triangle Added this section. transportation safety best practice. Included figure. 18-6 Roadway Tampering Renamed. 18-9 Encroachment in Public Easements Added section to reflect the city process. 8-10 Public ROW vacation Added section to reflect best practice. 18-77 to 80 Removed. Duplicated in Article IV 18-106 to 111 Removed. Duplicated in Article IV 18-136 Residential Driveway Connections Removed sections that are best covered in the Land Use sections of the code. Added visibility requirement for driveway connections following best practices. 18-137 Business driveway connections Updates section to current best practices removed sections that are best covered in the Land Use section of the code. AGENDA ITEM 42 18-173 Permit requirement Added curb cut connection right of way permit requirement. 18-238 Duty of abutting property owners Adjusted grass height requirement. Updated titles. Added language to allow managed natural landscapes in accordance withe State Statute 412.925 4.Staff Recommendation: I recommend approval of the recodification of the streets section of the code. COUNCIL ACTION REQUESTED Move to adopt Ordinance 296 and summary publication to change the streets section of the Orono municipal code. Exhibits Exhibit A. Ordinance 296 43 ORDINANCE NO. 296 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE V, CHAPTER 18 OF THE CITY CODE CONCERNING STREETS, SIDEWALKS AND OTHER PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono City Code Title III, Chapter 18, Article I, Sections 18-1 to 18-10 is amended by adding the underlined language and deleting the strikethrough language as follows: Chapter 18 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1 ARTICLE I. IN GENERAL Sec. 18-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Corner means the point of intersection of the extension of lines of two public or private curb faces or the edges of the street pavement or shoulders. Curb cut means the opening along a street curb line or pavement edge for the purpose of motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the curb returns, if any. Curb return means that portion of a curb next to a driveway approach which includes the radius or curvature or the ramp-type lug on commercial or industrial type pavements and which connects the driveway approach to the public or private road curb. Driveway means a paved or otherwise delineated area on private property for the operation of automobiles and other vehicles. Driveway approach means a paved or otherwise delineated area on the right-of-way between the roadway of a public or private road and private property, intended to provide ingress and egress for vehicles from a private or public road to private property. A driveway approach must provide access to a parking area, a driveway, a door intended and used for the entrance of vehicles, or other similar structure or facility. Driveway approaches shall be of two classes: 44 (1)Business driveway approach means a driveway approach from any public right-of-way providing motor vehicles with ingress and egress from the public or private road to any property other than a single-family dwelling. (2)Resident driveway approach means a driveway approach from any public or private right-of-way providing ingress and egress for motor vehicles from the public or private road to a single-family residential dwelling. Driveway turnaround means a paved or otherwise clearly delineated area which is part of or connected to a driveway or driveway approach, on private property, sufficient in size for an automobile or other vehicle to turn 180 degrees without leaving the paved or delineated area. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Encroachment Agreement means an agreement between the City and a property owner that allows placement of an obstruction or structure in public right-of-way, as defined in this Section. Excavate or Excavation means to dig into or in any way remove or physically disturb or penetrate any public right-of-way paved or ground surface, or any portion thereof. Facility or Facilities means anything tangible, including equipment, which is required to provide utility services. Frontage means the lot line abutting a public or private street. Obstruct or Obstruction means to place or the placement of any object in a public right- of-way, or to remove or the removal of an existing structure, or any portion thereof, from a public right-of-way that interferes with the free use of the public right-of-way. Parcel of land means a lot or contiguous lots or a tract officially registered under one ownership. Patch or Patching means a method of roadway surface replacement or restoration that consists of: (1) the compaction of the sub-base and aggregate base; and (2) the replacement, in kind, of the existing roadway surface for a minimum of two feet beyond the edges of the defined excavation in all directions. Private road means the entire area dedicated to private use or contained in a plat, an easement or other conveyance, grant or by adverse possession and includes but is not limited to roadways, boulevards, sidewalks, trails and other property between lateral property lines in which a private roadway lies. Public road means the entire area dedicated to public use, or contained in a plat, an easement or other conveyance, grant or by adverse possession, to the city or other governmental body, and shall include but is not limited to roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines in which a public roadway lies. Where traveled public roadways exist in a location not shown on the platting map, the right-of-way shall not be less than ten feet wide on each side of the actual paved or traveled roadway surface. "Public right-of-way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an 45 interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units. Utility Service means services provided by: (1) a public utility as defined in Minnesota Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services including wind generation; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a district heating or cooling system; or (5) a cable communication system as defined in Minnesota Statutes. Sec. 18-2. Obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale any fence, goods or other obstructions upon, over, across or under any street or private road without first having obtained a written permit from the city, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is included, but not by way of limitation, within the definition of an obstruction. This shall not apply to the actions of any city, county, or state road authorities, their agents, employees, contractors, and utilities in carrying out their duties imposed by law or contract.Sec 18-3. Visibility Triangle—Street/Roadway Intersections. 46 Except for a governmental agency for the purposes of screening or noise attenuation, visibility at corner lots where two or more streets/roadways intersect shall be unobstructed between a height of three and one-half feet and eight feet above grade (as measured along the elevation of the lowest abutting segment of street/roadway), within a triangular area described as beginning at a point where the projected curb lines (or projected road bed lines including any shoulder in the absence of curbing) intersect, thence 30 feet along one street/roadway, thence diagonally to a point 30 feet from the point of beginning along the other street/roadway. The exception to the regulations in this subsection shall be where there are plantings and/or other features within the visibility triangle that do not result in obstructions totaling more than three feet in width. Nothing in this subsection authorizes the use of public right-of-way for installation of fencing, walls, plantings, or other features. The regulations contained in this Section shall not apply to conditions that legally existed prior to the effective date of this Chapter unless the City, or the County or State transportation department, determines that such conditions constitute a traffic safety hazard. Sec. 18-34. Fires. It is a misdemeanor for any person to build or maintain a fire upon a street or private road. Sec. 18-45. Signs and other structures. It is a misdemeanor for any person to place or maintain a sign, advertisement or other structure in any street or the right-of-way of any private city road. 47 Sec. 18-56. Placing snow or ice in a roadway. It is a misdemeanor for any person, not acting under a specific contract with the city or without special permission from the city, to remove snow or ice from private property and place it in the roadway of any street or private road. Sec. 18-67. Curb and gutter, street and sidewalk painting or coloring Roadway tampering. It is unlawful a misdemeanor for any person to deface, paint, mar, damage, or tamper with any structure, work, material, equipment, tools, signs, markers, signals, paving, guardrails, drains or any other highway appurtenance on or along any street, sidewalk or right-of-way paint, letter or color any street, sidewalk or curb and gutter for advertising purposes, or to paint or color any street, sidewalk or curb and gutter for any purpose, except as such work may be done by city employees acting within the course or scope of their employment. This provision shall not apply to sidewalk maintenance and repair activities under section 18-7 uniformly coloring concrete or other surfacing, or uniformly painted house numbers, as such coloring may be approved by the city. Sec. 18-78. Public sidewalk maintenance and repair. (a)Primary responsibility.It is the primary responsibility of the owner of property upon which there is abutting any public sidewalk to keep and maintain such sidewalk in safe and serviceable condition. (b)Construction, reconstruction and repair specifications.All construction, reconstruction or repair of public sidewalks shall be done in strict accordance with specifications on file in the city offices. Sec. 18-8. Numbering of houses and buildings. (a)Duty of owner or occupant. (1) The owner or occupant of every occupied property and every house or other building shall place on such building the proper street number as required by the building code. (b)Assignment of numbers.The city shall assign numbers in accordance with the standard plan adopted by the city and shall approve and assign all street names by action of the council. (c)Unlawful act.It is a misdemeanor for any person to fail to comply with the provisions of subsection (a) of this section or to post numbers other than the correct city-assigned numbers. If the property owner fails to comply with the requirements of this section, the city may erect a sign adjacent to the street on which the number is stated or affixed, and upon completion ascertain the cost and certify the cost to the county auditor to be collected as any other special assessment. 48 18.9. Encroachment in Public Easements. Placement of any structure in public rights-of-way or on City property must comply with Section 78 of the Zoning Ordinance. Placement of structures that have a foundation is prohibited in a public easement, unless the structure is exempted under Section 78 of the Zoning Ordinance. The erection or placement of a structure without a foundation in a public easement requires an encroachment agreement application together with Council approval. The application shall include a written request for the encroachment(s), a description of the proposed structure or obstruction, a plan, drawing, or sketch that shows the proposed structure of obstruction, as well as the location of the easement(s) affected, and payment of an application fee as specified in Fee Schedule of the City Code. Applications shall be submitted to the City Engineer. Upon receipt of a completed application, the City Engineer will review the application and will consider factors such as the type and use of the existing easement(s), as well as the type and use of the proposed structure or obstruction, when making a decision to recommend approval or denial of the requested encroachment. If an approval recommendation is made, the applicant will be required to sign an Encroachment Agreement, prepared by the City, before the City Engineer's recommendation is forwarded to the Council for consideration. If the Encroachment Agreement is approved by the Council, the Encroachment Agreement will be executed and recorded against the subject property of record. 18.10 Public Right of Way Vacation. A. Reservation of Right.If the City vacates a public right-of-way which contains the equipment or facilities of a public right-of-way user and the vacation does not require the relocation of the equipment or facilities, the City shall reserve, to and for itself and the public right-of-way user, the right to install, maintain and operate any equipment and facilities in the vacated public right-of-way and to enter upon such public right-of-way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same, in accordance with Minnesota Rule 7819.3200. B. Relocation of facilities.If the vacation requires the relocation of the public right-of-way user's equipment or facility, and the vacation proceedings are initiated by the public right-of- way user or the City for a public project, the public right-of-way user shall pay the relocation costs. If the vacation proceedings are initiated by a person or persons other than the public right-of-way user or the City, the initiating person or persons shall pay the relocation costs. C. Administration—Vacation of Right-of-Way and Easements. The City Council may vacate the easement by resolution on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, easement, or part thereof to be vacated. 1. Procedure.A request for vacation of a right-of-way or easement shall be filed in writing with the City. In the case of a request for vacation of a right-of-way or easement, the written request shall be signed by a majority of the landowners directly abutting such right-of-way or easement. 49 2. Filing.A written request to vacate a right-of-way or an easement shall be accompanied by the following: a. Information, both written and graphic, that describe the reason for, and location of, the proposed vacation; b. A fee as set forth in the Fee Schedule; c. For requests involving the vacation of right-of-way, the applicant shall submit the addresses of all properties directly abutting the right-of-way to be vacated; and d. For requests involving the vacation of an easement, the applicant shall submit a legal description of the area to be vacated. 3. Public Hearing Required. a. Upon receipt of a complete vacation request, the City shall set a public hearing following proper notification. b. Notice of said hearing shall be published once in the official newspaper at least fourteen calendar days prior to the hearing, and shall be mailed at least ten calendar days prior to the hearing to all landowners of property directly abutting the area to be vacated and to all utility companies serving the area. When platted streets are vacated, notice must be sent to all owners or occupants of the land within the platted area. The notice will contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. c. If a street is to be vacated and any part of it terminates at, abuts on, or is adjacent to any public water, written notice will be served by certified mail upon the Commissioner of Natural resources at least 60 days before the public hearing. The City will consult with the commissioner at least 15 days prior to convening the public hearing to review the proposed vacation and will document the consultation. The City will address the concerns raised in the commissioner’s evaluation in its formal findings of fact granting or denying the vacation. d. The City Staff shall prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of the action to the Council. 4. Council Action. a. The Council shall consider possible adverse effects of the requested vacation. In order to grant a vacation, the Council must find that the vacation is in the interest of the public. A determination that the vacation is in the interest of the public shall be based upon (but not limited to) the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City's Comprehensive Plan, including public facilities and capital improvement plans. 50 2. The proposed action meets the purpose and intent of this Chapter. 3. The proposed action has been considered in relation to the future needs of the City, utility companies and surrounding property owners. b. The Council and City staff shall have the authority to request additional information from the applicant or to retain expert testimony with the consent and at the expense of the applicant, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. c. The applicant or a representative thereof may appear before the Council in order to present information and answer questions concerning the proposed request. d. Upon receiving the report and recommendation of the City staff, the Council shall conduct the public hearing in a manner that allows members of the public a chance to speak and be heard. e. The Council shall render its decision by adopting a resolution either granting or denying the vacation. The resolution shall include the city’s reasons for granting or denying the vacation and include detailed findings of fact. The staff recommendation shall be entered in and made part of the permanent written record of the Council meeting. f. When there has been a petition for vacation, approval of a right-of-way or easement vacation shall require passage by a majority vote of the entire Council. When there has been no petition, the resolution must be adopted by a vote of four-fifths of all members of the City Council. g. Whenever an application for a right-of-way or easement vacation has been considered and denied by the Council, a similar application for a vacation shall not be considered again by the Council for at least six months from the date of its denial. 5. Notice of Completion. After a resolution granting a vacation is adopted, the City Clerk shall prepare a notice of completion of the proceedings in accordance with the requirements under Minn. Stat. § 412.851. 51 SECTION 2. Orono City Code Title III, Chapter 18, Article III, Sections 18-76 to 18-139 is amended by adding the underlined language and deleting the strikethrough language as follows: ARTICLE III. CONSTRUCTION, REPAIR AND IMPROVEMENTS OF PUBLIC ROADWAY SURFACING, SIDEWALKS, CURB AND GUTTER, DRIVEWAY APRONS OR CURB CUTS DIVISION 1. GENERALLY Sec. 18-76. Methods of procedure. Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter, driveway, driveway turnaround, driveway approaches or curb cuts in accordance with this article. Sec. 18-77. Inspection. The city shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done under this article may be stopped by the city if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the city to inspect or supervise such work. Sec. 18-78. Specifications and standards. All construction and reconstruction of roadway surfacing, sidewalk, driveway, driveway turnaround, curb and gutter improvements, including curb cuts and driveway approaches, shall be strictly in accordance with specifications and standards on file in the office of the city, and open to inspection and copying there. Such specifications and standards may be amended by the city but shall be uniformly enforced. Sec. 18-79. Authority of public services director. All work done under a permit issued in compliance with this article shall be under the direction and supervision of the public services director, who is authorized to make the necessary rules, regulations and specifications with respect to materials for and method of construction of a sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cut, roadway surfacing or private improvement in any road or other public property in the city that are necessary to preserve public safety and private and public property. A copy of such rules and regulations shall be kept on file with the city clerk. Sec. 18-80. Submission of plans to public services director. All plans submitted to the building inspector for his approval which include or involve a sidewalk, curb and gutter, driveway, driveway turnaround, driveway approach, curb cuts, roadway surfacing or private improvement in any road or public property in the city shall be referred by the building inspector to the public services director for his approval before a building permit shall be issued. 52 Sec. 18-8177. Construction requirements generally. In addition to the rules, regulations and specifications as outlined in this article by the public services director with respect to the improvements listed in this article, the following requirements shall be complied with when work is done under the provisions of this article: (1) All driveway approaches shall intersect the road pavement at an angle to be approved by the public services director based upon the physical characteristics of the public road, driveway approach and the parcel of land being accessed. Such angle shall be as close as is reasonably practical, in the judgment of the public services director, to a right angle to the pavement of the public road. (2) No curb cuts shall be made in such a way that the curb return extends beyond any property line as projected, except when consented to, in writing, by the adjoining property owner involved. This consent, if necessary, shall be submitted to the public services director prior to the issuance of a permit. (3) The top of the paving of the driveway approach slab at the curbline shall be 1⅝ inches above the flowline of the gutter, and shall not extend into the gutter beyond the face of the curb or beyond the gutter line, and shall not be constructed in a manner that will in any way interfere with the use of the road for the purpose of travel or maintenance. The constructed road shall not be excavated in the process of constructing the driveway unless previous approval, in writing, has been granted by the public services director. (4) Driveway culverts shall be provided and installed by the owner as required by the public services director Public Works Superintendent or City Engineer. (5) Driveways shall not be constructed over curb stops, catchbasins or other structures, if at all possible. If there is no other feasible location for the driveway, it shall be the responsibility of the applicant to set the curb stop, catchbasin cover, or any other structures flush with the final driveway surface. (6) The owner and contractor shall protect the public from injury or damage during the construction of the sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cuts, roadway surfacing or private improvement in any street or public property in the city; and any permit issued pursuant to this article shall contain the agreement of the applicant that the city shall not be liable for damage which may arise from the result of work, and that the applicant will hold the city harmless for any liability incurred by the city as a result of such activity. (7) Trees or shrubs shall not be placed adjacent to a driveway so as to constitute a sight distance problem. (8) If a parcel of land has frontage on both a cul-de-sac portion and a lead-in portion of the public road, the driveway shall be constructed off the lead-in portion of the road and not the cul-de-sac. 53 Secs. 18-8278—18-1035. Reserved. DIVISION 2. PERMIT Sec. 18-106. Required. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cut, roadway surfacing or any other private improvement in any road or other property in the city without a permit in writing from the city. Sec. 18-107. Application. Application for a permit required in this division shall be made on forms approved and provided by the city and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the improvement, provided that no permit shall be required for any such improvement ordered installed by the council. Such application shall also contain information showing the type of construction, the width and the location of an improvement on the parcel of land, and the lot and block number or the parcel number and the street and house number and a profile of the proposed improvement, if necessary, and other such information as may be required by the public services director. The application shall be filed by the property owners desiring to construct such a driveway approach, driveway turnaround, sidewalk, curb and gutter, driveway, curb cut, roadway surfacing or private improvements in any road or any property in the city, or by his duly authorized agent. All such applications shall contain an agreement by the applicant to be bound by this article. Sec. 18-108. Responsibility for damages. A permit from the city under this division shall not relieve the holder from damages to the person or property of another caused by such work. Sec. 18-109. Issuance. A permit required in this division shall be issued by the public services director, if he has determined that the applicant has complied with the terms of this article, the permit fee has been paid and the public services director has approved the driveway, driveway approach, driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway surfacing or private improvement in any road or public property in the city as requested or with stipulated changes. The public services director shall have the authority to refuse to issue a permit when, in the judgment of the public services director, the requested construction would impose an unreasonable hazard to the public. There is no administrative appeal from the decision of the director. (Code 1984, §§ 6.05(3), 6.06(3)) Sec. 18-110. Permit fees. The fees for permits for the construction of improvements as outlined in this division shall be as set forth by resolution. 54 Sec. 18-111. Revocation. (a) A permit issued under the provisions of this division may be revoked by the public services director when he determines that the construction or activity authorized by the permit is not being performed according to the terms of the permit or this division. (b) In addition to the provisions of subsection (a) of this section, a permit may be revoked by the city council; and the city shall have the right to revise, relocate or close any sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cut or private improvement in any road or other property in the city as the result of the reconstruction of any road, a change in land use, or a major change in the traffic pattern of an existing land use. (c) Notice of such revocation, with a description of the facts supporting such revocation, shall be mailed or delivered to the person named in the permit at the address listed in the permit. (d) All work shall cease upon receipt of the notice of revocation. (e) [Reserved.] Secs. 18-112—18-135. Reserved. DIVISION 3. DRIVEWAY CONNECTION STANDARDS Sec. 18-136. Residential driveways connections, approaches and turnaround. (a) One driveway approach shall be allowed from up to two single residential parcels of land to the same road, provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having frontage on more than one public road shall be allowed a driveway approach to one public road. (a) Residential driveway approach shall not exceed 20 feet in width at the intersected right-of- way line. (cb) The total width of driveway approaches to up to two single parcels of land from a single road shall not exceed 20 feet. (dc) A curb cut shall not exceed the width of the driveway approach at the property line by more than ten feet. (ed) No portion of a driveway approach, except the curb return, shall be constructed within 100 30 feet of a corner where feasible. (fe) For residences constructed after July 25, 1986, the Driveway approaches and that part of the driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent paving. Where it has been determined by the city's public service director that driveway and/or driveway approach existing on July 25, 1986, is causing a maintenance problem on the road, including but not limited to the washing of dirt and gravel into the road, the public services director shall order that the property owner pave such portion of the driveway and/or driveway approach as is necessary to remove the maintenance problem. Portland cement concrete will only be allowed from the driveway up to the public right-of-way. This requirement shall not be construed to reduce paving otherwise required by performance standards in chapter 78 or required as a condition to the 55 granting of a conditional use permit, lot division, subdivision or as designated in the approved site plan. (g)Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a state highway, county road or collector roadway as determined in the comprehensive plan, and on all entrances to public roads within the city where deemed necessary by the public services director, based on traffic counts, sight distances, street grades and other relevant factors. If a driveway turnaround is required by the public services director, such requirement shall be stated on any permit issued by him pursuant to this article. (f) Visibility from driveways to a local or collector street shall be unobstructed between a height of three and one-half feet and eight feet above grade (as measured along the driveway elevation), within triangular areas described as beginning at the point where driveway edges meet the street curb (or street pavement in the absence of a curb), thence 15 feet along the driveway edge, thence diagonally to a point 15 feet from the point of beginning along the street curb (or edge of street pavement in the absence of a curb). The owner of the property where any fence, wall, tree, shrubbery, vegetation, or other feature is proposed shall keep such obstructions out of the visibility triangles for their driveway and out of the visibility triangle for driveways on directly-abutting properties. The exception to the regulations in this subsection shall be where there is a mailbox and/or plantings within the visibility triangle that do not result in obstructions totaling more than three feet in width. Nothing in this subsection authorizes the use of public right-of-way for installation of fencing, walls, or plantings. The regulations contained in this Section shall not apply to conditions that legally existed prior to the effective date of this Chapter unless the City determines that such conditions constitute a traffic safety hazard. Sec. 18-137.Business driveways connections, approaches and turnarounds. (a)Only one business driveway shall be allowed per development unless a greater number of driveways are approved by the city, or approved as part of the site plan review.The business driveway approach shall not exceed the width of the access road or 32 feet at the property line, whichever is less, in a business or industrial district. The curb cut shall not exceed the width of the driveway approach at the property line by more than 20 feet unless 56 approved as part of a site plan. In a residential district, the curb cut shall not exceed the width of the driveway approach at the property line by more than ten feet unless approved as part of the site plan. (b) All business driveways and driveway approaches shall be paved with asphaltic concrete or equivalent material. Portland cement concrete will only be allowed outside of the public road right-of-way. (c) Loading docks, ramps and vehicular entrances shall be located in such a manner that backing onto and maneuvering within the road right-of-way is eliminated and in such a manner that driveways greater in width than that specified by this article shall not be required. (dc) No portion of a driveway approach, except the curb return, shall be constructed within 100 feet of a corner in a business, commercial or industrial area, or within 100 feet of a corner in a residential district. (ed) Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a state highway, county road or a collector roadway and on all entrances to roads within the city where deemed necessary by the public services director City Engineer based upon traffic counts, sight distances, street grades and other relevant factors. Such requirements shall be stated on any permit issued by the public services director City Engineer pursuant to this article. (f) Driveways must be ten feet from the side property line of a parcel of land unless the driveway is shared by two parcels of land. Sec. 18-138. Maintenance and removal. (a) Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner of the abutting property or by the homeowners' association; and any such driveway approach which shall not be so maintained and kept in a safe condition or which shall interfere with or obstruct the drainage carried by the adjoining road or interfere with or obstruct the use of the adjoining road for purposes of travel shall be repaired to conform with the specifications of this article and the city's requirements, or it shall be removed by the owner of the abutting property or the homeowners' association. (b) Upon removal of such driveway approach, that portion of the street or right-of-way occupied by the owner or homeowners' association shall be restored to its former condition; and all curbing shall be replaced to its former condition by the owner or homeowners' association of the abutting property at their expense. If such removal and restoration is not accomplished within ten days of the receipt by the abutting property owner of written notice of the city to remove the driveway approach and restore the road, curbing and right-of-way to its former condition, the city shall remove the driveway approach and restore the road, curbing and right-of-way and assess the cost of such removal and restoration against the abutting property. Such order shall not be subject to any administrative appeal. Further time for removal and restoration may be authorized in writing by the public services director. 57 Sec. 18-139. Regulatory signs. The city shall require the erection of regulatory signs adjacent to a driveway serving two or more parcels of land, at its intersection with a road. The sign shall be purchased, erected and maintained by the property owner. If the property owner does not have the sign erected within a reasonable length of time, the city shall erect the sign and bill the property owner for all costs. 58 SECTION 3. Orono City Code Title III, Chapter 18, Article IV, Sections 18-173is amended by adding the underlined language and deleting the strikethrough language as follows: ARTICLE IV. RIGHT-OF-WAY MANAGEMENT 2 Sec. 18-173. Permit requirement. (a)Permit required.Except as otherwise provided in this code, no person may obstruct, excavate or install or place any facilities in any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so. (1)Excavation permit.An excavation permit is required to excavate that part of the right- of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein to the extent and for the duration specified therein. (2)Obstruction permit.An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (3)Small wireless facility permit.A small wireless facility permit is required to erect or install a wireless support structure or collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use unless lawfully revoked. (4) Curb cut/driveway connection. A Curb cut permit is required for any new or alteration to an existing curbcut/driveway approach. If the curb cut is part of a building permit a separate Right of way permit is not required. (b)Permit extension.No person may excavate or obstruct or install or place any facilities in the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) the new permit or permit extension is granted. (c)Delay penalty.In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. b of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration and in placing new wireless support structures and small wireless facilities. (d)Permit display.Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. 59 SECTION 4. Orono City Code Title III, Chapter 18, Article V, Sections 18-236 to 238 is amended by adding the underlined language and deleting the strikethrough language as follows: ARTICLE V. VEGETATION Sec. 18-236. City to control tree planting (standards). The city shall have control and supervision of planting shrubs and trees upon or overhanging all streets or other public property. The city may establish and enforce uniform standards relating to the species and types of trees to be planted, their placement, maintenance and removal. Such standards shall be kept on file in the office of the city administrator and may be revised by action of the council upon the recommendation of the public service director works superintendent. Sec. 18-237. Permit to plant or remove trees. It is a misdemeanor for any person to plant or remove any tree upon within the city right of way or overhanging streets without first procuring from the city a permit in writing to do so. Sec. 18-238. Duty of property owners to cut grass and weeds and maintain trees and shrubs. (a) Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of six eight inches, it shall be prima facie evidence of a failure to comply with this section. Every owner of property abutting on any street shall, subject to the provisions in this article requiring a permit, trim, cut, remove and otherwise maintain all trees and shrubs in unhazardous and healthy condition, from the line of such property nearest to such street to the center of the street. (b)Managed natural landscapes are allowed in accordance with state statute 412.925. They are defined as a planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural landscapes do not include turf-grass lawns left unattended for the purpose of returning to a natural state (bc) The city may in cases of failure to comply with this article, perform such work, keeping an accurate account of the cost for each lot, piece or parcel of land abutting upon such street. (cd) If maintenance work described in subsection (cb) of this section is performed by the city, the public works superintendent city clerk shall forthwith upon completion of the work ascertain the cost attributable to each lot, piece or parcel of abutting land. The public works superintendent city clerk shall send a statement to the abutting property owner and, if the amount remains unpaid for 15 days, present a certificate to the council and obtain its approval. When such certificate has been approved, it shall be extended as to the cost as a special assessment against such abutting land; and such special assessment shall at the time of certifying taxes to the county auditor be certified for collection as other special assessments are certified and collected. 60 SECTION 5. This ordinance shall become effective immediately upon its passage and publication. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 61 SUMMARY PUBLICATION ORDINANCE NO. 296 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING THE CITY CODE CONCERNING STREETS, SIDEWALKS AND OTHER PUBLIC PLACES The City Council of the City of Orono, Minnesota approved updates to three articles of the city code of ordinances, Title III Streets, Parks and Other Public Property, Chapter 18. These are updates to standards as well as clarifications to definitions, authorities, permit requirements, and updates to state statute references. 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.: 6 Date: February 26, 2024 Presenter: Adam Edwards Presenter: City Administrator / Engineer Section:Consent Agenda Title: 2024 Sewer Rehabilitation Award (24-014) 1.Purpose: The purpose of this action item is to award the 2024 Sanitary Sewer Rehabilitation Project. 2.Background: Metropolitan Council Environmental Services (MCES) provides sanitary sewer treatment for the majority of communities (including Orono) in the metropolitan area. Since 2005, MCES has identified Orono as a community that contributes excessive inflow and infiltration (I&I). The city has been executing a sanitary sewer rehabilitation project annually to reduce I&I. Each year the city works to identify I&I points within the sanitary sewer system through our annual inspection program. These sites then guide our rehabilitation work for subsequent years. In 2020 the city received an excessive flow work plan assignment from MCES based on excessing flows in 2019 for $363,540. I&I mitigation projects in 2020-24 may be used to accomplish the assignment. 3.Scope: The project includes the lining of 4,500 feet of sewer main. (Exhibit A) 4.Cost: The city received proposals from two contractors (Exhibit B). The low quote was for $191,747.97 from Hydro-Klean. In addition to the construction cost, Bolton and Menk provided a proposal not to exceed $9,000 for construction oversight. (Exhibit C) Who Work Cost Status Bolton &Menk, Inc Design and Engineering $ 30,000.00 Not to exceed, previously approved Hydro-Klean Construction $191,747.97 Pending award Bolton &Menk, Inc Construction Oversight $ 9,000.00 Not to exceed Total $230,747.97 5.Funding: The project is funded from the Sanitary Sewer Fund. The CIP amount was projected at $300,000. The projected 2024 year end balance is $696,531. 6.Staff Recommendation: I recommend council award the project. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to award the 2024 Sanitary Sewer Rehabilitation project to Hydro-Klean for $191,747.97 and authorize Bolton and Menk to perform design and construction oversight for a fee not to exceed 63 $9,000. Exhibits A. 2024 CIPP Figures.pdf B. Bid Tab.pdf C. BMI Proposal for 2024 CIPP Construction Services.pdf 64 404440404044 3990 3865389539253995 1645 1685 1687 1680 1735 1729 3905 1635 1675 3845 38253855 13761374 13681368 13691367 1361 1388 1390 1254 1254 1295 1331 1359 1300 1350 1360 1345 1290 1355 1377 1376 4005 4009 4017 4075 4079 40914099 41014105 4109 414941564167 4175 4174 41664150 41484140 4132 4109 4140 4056 4000 1505 1493 1477 1461 1453 1437 1421 4051 4041 1535 4125 4064 4104 4116 4108 4040 1395 1310 1305 1317 1370 1305 1385 1260 1270 1300 13101318 1360 1370 1390 1375 1380 1330 1280 38263838 3860 1400 1430 1450 1470 3928 3926 3908 1415 1435 1445 1475 39071520 1545 38333833384338603883 3898 3820 1525 1535 1535 1545 395039703980 1570 1560 1550 1540 1530 1520 1510 1510 1410 3884 3898 3925 3883 3852 3825 3855 3860PARK DRCHERRY AVE HIGHW O O D R D MINNIE AVEMAPLE PLCHERRY PLNOR T H S H O R E D R SPRUCE PL NORTH SHORE DRNORTH ARM DRNOR T H S H O R E D R NO R T H A RM DRHIGHWOODLA2-199 2-198 2-197 2-122 2-239 2-240 2-105 2-94 2-95 LS-18 18-1 18-2 18-3 18-4 45-21 45-20 45-25 45-24 18-5 45-26 975993 800 830 860 805 815 825 835 855 875 895 4265 998 1000 1003 995997 999 1001 4505 4455 1003 1180 1150 1140 4445 1186 1080 4460 4450 4440 1146 1085 1045 1035 1025 4455 4465 4470 1090 4480 1131 1134 1006 1074 4415 1170 1160 4475 1270 1214 1200 1261 4640 1220 1240 WILDHURST TRFO R E S T A R M S L A FO R E S T L A K E L A N D I N G WILDHURST TR GARD E N C T 2-108 2-149 2-151 2-150 17-14 17-11 17-12 17-10 R FEETSCALE 0 150 300 HORZ. R FEETSCALE 0 150 300 HORZ.H:\ORNO\0C1132565\CAD\C3D\FIGR-132565-2024 CIPP.dwg 1/18/2024 10:31:44 AMR 2024 CIPP City of Orono Figure 1 January 2024 ##-## ### LEGEND = NEW MH # = EXISTING MH # X = SPOT REPAIR ##-## ### LEGEND = NEW MH # = EXISTING MH # X = SPOT REPAIR 65 3156 3130 2237 2213220521992195 2177 2189 3590 3488 3505 3473 2227 2229 3585 35543572 3596 3405 2380 2364 2377 3365 3369337533853393 33993405 2205 2215 2225 2245 2253 2265 2275 2305 2250 2240 2215 3220 3320 3324 2344 2338 2328 2318 2314 23062300 2314 2324 2336 2336 3326 2341 2200 2230 2350 3215 3225 3285 3265 3245 2300 3300 3240 3280 2308 2304 2260 3286 3290 3128 3159 3171 3167 3163 3159 3155 37243722372037163714371237103706370437023700 3755 3715371337113707370537033701 373137333735 37393741374337453747374937513770 2130 2140 2150 2160 3235 3215 3205 3255 3295 3265 3285 3309 3315 3325 3329 3339 3345 3349 33553359 2190 2180 2170 3335 2175 2240 2232 2224 2216 2208 2200 2190 2184 2178 2172 2166 2142 2138 2118 2106 2130 3601 2171 2195 2296 2293 34433449345734653473347734853493 3472 3460 3452 3444 3438 3436 3422 3414 35253533355535933599 3596 3580 3556 3520 3508 350535253533354135513559357735853599 3554 3536 3520 3508 3500 3433343534433445347534773495 3496 3472 3468 3444 3438 3422 3408 34083408 340734153435 3445 3447 2264 2256 2248 2259 2245 37703770 3842 3848 3854 3860 3866 3872 3884 3890 3901 3901 3901 3886 3888 3880 3865 3859 3853 3847 3841 3835 3829 3801 3800 3802 3820 3836 3845 3860 3844 38293837 3813 3812 3801 3800 3811 2055 3878 3880 3830 3830 3870 3877 38103816 38133829 3842 3845 3852 3877 3862 3883 38613877 3893 3900 390839163924 3900 2258 3913 3901 38723876 3801 3829 38223832 3900 391039143916 2242 3916 3800 3800380438103826 3731 3765 3781 3791 3701 3746 3812 38183824 2059 2063 2067 3806 3800 3836 1940 1966 1972 1978 1990 1998 2000 2016 2024 2032 2040 2080 3790 3780 3800 3800 3760 3740 3720 37003710 3690 3680 36603670 36373645 3675 3655 3685 3795 3785 3765 2100 2092 2117 3745 3640 3600 3725 3705 2060 3880 3700 2345 3630 3635 3680 36403670 2255 2265 2285 3600 363036403650366036703680 3692 3690 3650 3640 3697 3695 3685 3675 3665 3655 3775 3780 3760 3726 SH A D Y W O O D R D TOGO RD LYRIC AVE CRYSTAL BAY RD BA Y V I E W P L NAVARRE LACRYSTAL PL NORTHERN A V E LIVINGSTON AVE BLAINE AVEOL I V E A V E Livi n g s t o n C t LIVINGSTON AVELYRIC AVEKENWOOD WAYLA F A Y E T T E R I D G E C TSHADYWOOD RD X 43 45-57 44 45-58 45 45-39 214 46-6 213 46-5 212 46-4 211 46-3 507 46-2 50 46-38 51 46-1 242 49-14 241 49-13 236 49-11 R FEETSCALE 0 150 300 HORZ.H:\ORNO\0C1132565\CAD\C3D\FIGR-132565-2024 CIPP.dwg 1/18/2024 10:32:03 AMR 2024 CIPP City of Orono Figure 2 January 2024 ##-## ### LEGEND = NEW MH # = EXISTING MH # X = SPOT REPAIR 66 216 235 219 1950216 216 232 248 264 197196 200 192 249 184 170 156 142 128 114 1945 1961 1975 1989 225 2400 2565 2445 2525 2485 2650 2675 2640 160 140 120 170 140 126 185 155 141 125 109 95 81 65 51 35 35 2480 952425 80 96 66 50 36 22 2440 2420 2400 41 51 65 40 80 120 160 200 155 125 2590 270 190 177 2380 2245 2340 2350 2340 2330 23202325 2335 2345 23652385 5 15 116 60 24202450 24302460252025702600 2425 2485252525752605 2645 2630 2643 20 130 105 115 25 21452185 145 2200 2010 2150 2135 2165 2075 2165 2255 10 2380 2320 2325 2280 2240 226523152375 187 173 159 145 131 106 114 128 142 156 170 180 68 1990 1935 77 1980 19851995 107 1984 55 18 10 243 210021122122 234 20382056216 204320512065 296 284 264 246 234 2182 2162 237 245 263 281 293 221 2020 1992205196 231 22502268 232 234 2230 1992265 241253263 275 297 278 266 256 244 281 269 253 237 2208 2296 2298 2280 2260 85 95 105 111 121 131 145 153 173 155 141 129 115 92 114 164 184 174 160 148 136 124 112 100 88 78 66 50 189 178 175 167 157 143 129 123 105 87 75 2206 148 65 55 2157216521732185 2101 21752167 2167 2153 2143 2125 73 45 25 15119 7 12 16 18 32 38 42 56 82 2101210921152145 57 162 2166 2164 134 2167 2159 120 98 80 58 189 2147 2137 2125 2115 2103 2093 2128 2114 2152 2142 2130 2120 2108 2098 2086 2074 2100 2050 2101 2038 21602158 2162 2156 20 Devin La Colin DrTruffula TrThoroughbred La Woodhaven Dr Golden View DrHACKBERRY HILLGLENDALE DR Creek Ridge Pass FIRE STATION DR WILLOW DR NELM LA MAPLE LA GL ENDA L E COV E LA LA 2 LA-4 LA-3 LA-8 LA 9 XX R FEETSCALE 0 150 300 HORZ.H:\ORNO\0C1132565\CAD\C3D\FIGR-132565-2024 CIPP.dwg 1/18/2024 10:32:24 AMR 2024 CIPP City of Orono Figure 3 January 2024 ##-## ### LEGEND = NEW MH # = EXISTING MH # X = SPOT REPAIR 67 CITY OF ORONO 2024 CIPP BID DATE: FEBRUARY 14, 2024 - 10:00 AM Hydro-Klean $191,747.97 Insituform Technologies USA, LLC $244,456.62 TOTAL AMOUNT BIDCONTRACTOR H:\ORNO\0C1132565\6_Plans-Specs\C_Bids Received\132565 Bid Tab.xls 1 68 H:\ORNO\$2024 New Projects\Fee Estimate 2024 CIPP Construction Services.docx February 15, 2024 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2024 CIPP - Construction Phase Services Dear Adam: As requested, we have prepared a scope of services and estimated fee for the construction phase of the 2024 CIPP Project. Scope of Services Construction Observation Part-time construction observation will be provided. Duties of the Construction Observer will include the following: • Attendance at the pre-construction meeting and all construction-related meetings • Serve as a liaison between the city and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Maintenance of construction documentation • Communication with affected property owners, as necessary, to address their construction-related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre-construction meeting • Administering project meetings • Preparation of pay estimates • Contractor communications • Liaison with City Staff and Council Fee Estimate Based on the scope of Construction Services described above, and the amount of unused time for the design phase of the project we propose an additional $9,000 for the construction phase. Bringing the total not-to-exceed fee for design and construction to $33,900 to be billed on an hourly basis. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer 69 Item No.: 7 Date: February 26, 2024 Presenter: Adam Edwards Presenter: City Administrator / Engineer Section:Consent Agenda Title: Franchise Agreement Extension - Adopt Ordinance 297 1.Purpose: The purpose of this council action is to approve the extension of the current franchise agreement with Mediacom. 2.Background: The city of Orono entered into a franchise agreement with Mediacom for the operation and maintainance of cable television system in 2013. The agreement allows Mediacom non exclusive rights to operate and maintain cable television infrastructure within city right-of-way and easement. 3.Cost: There is no cost to the city for this franchise agreement extension, although the agreement includes a franchise fee that funds the council chambers audio visual infrastructure services. 4.Staff Recommendation: I recommend approval of the extension. The extension document has been reviewed by the City Attorney's office. AGENDA ITEM COUNCIL ACTION REQUESTED Move to approve the extension of the Mediacom franchise agreement at Exhibit A. Exhibits Exhibit A. Ordinance 297 Exhibit B. Ord #112-3rd Ser_Adopting_amending franchise granted by LMCC-reduced size.pdf 70 ORDINANCE NO. 297 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE MEDIACOM MINNESOTA LLC FRANCHISE TO EXTEND THE TERM THROUGH JANUARY 1, 2029 THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1: Background. (a) Mediacom Minnesota LLC (“Grantee”) holds a cable communications franchise, Ordinance No. 112, adopted on April 12, 2013, with an Effective Date of December 31, 2013 (“Franchise”), for the construction and operation of a cable communications system in the city of Orono, Minnesota (“Grantor”). (b) Under certain conditions, the Franchise provides for a five (5) year extension of the term. SECTION 2: Extension of Franchise. (a) The term of the Franchise is hereby amended to expire on January 1, 2029. (b) The city reserves and does not waive the right to enforce the Franchise with respect to any violations or breaches thereof, whether arising before or after the effective date of this ordinance. (c) Except as amended herein, all other terms and conditions of the Franchise shall remain in full force and effect and neither party waives any rights it may have pursuant to applicable law. SECTION 3: Effective Date. This ordinance shall be effective upon its passage and publication in accordance with applicable law and written acceptance by Grantee. This ordinance shall be transitory and shall not be codified in the Orono City Code. ADOPTED this 26 day of February, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 71 GRANTEE ACCEPTANCE: The Ordinance is accepted, and Grantee agrees to be bound by its terms and conditions. MEDIACOM MINNESOTA LLC ________________________________ By: ____________________________ Its: _____________________________ Dated: __________________________ 72 SUMMARY PUBLICATION ORDINANCE NO. 297 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RENEWING MEDIACOM FRANCHISE AGREEMENT The City Council of the City of Orono, Minnesota approved renewal of an existing franchise agreement for operation of a cable communications system in Orono. 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 73 ORDINANCE NO. 112, Third Series CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE ADOPTING AND AMENDING THE CABLE TELEVISION FRANCHISE GRANTED BY THE LAKE MINNETONKA COMMUNICATIONS COMMISSION. WHEREAS, on or about September 22, 1998, the Lake Minnetonka Communications Commission ("LMCC"), on behalf of its member municipalities (the cities of Deephaven, Excelsior, Greenwood, Independence, Minnetonka Beach, Minnetrista, Orono, Shorewood, Spring Park, Tonka Bay, Woodland, St. Bonifacius, Long Lake , Victoria, Medina, Loretto , Maple Plain, Minnesota), granted a Cable Television Franchise ("LMCC Franchise ") to Triax Midwest Association, L.P. to provide cable services and to maintain and operate a cable system within the LMCC's franchise area; and WHEREAS, the LMCC Franchise is currently held by Mediacom Minnesota LLC ("Mediacom"); and WHEREAS, the City of Orono, Minnesota ("City") intends to withdraw from the LMCC; and WHEREAS, the City and Mediacom have reached agreement on the terms and conditions of a new cable television franchise. NOW THEREFORE, the City of Orono, Minnesota hereby ordains: 1. The City hereby adopts by reference the LMCC Franchise. 2. The LMCC Franchise shall remain in full force and effect until the date on which the City withdraws from the LMCC ("Withdrawal Date"). 3. Effective upon the Withdrawal Date, the LMCC Franchise is hereby automatically amended by striking all of its contents and in its place inserting the new cable franchise attached hereto as Exhibit A ("Mediacom Franchise"). 4. From and after the Withdrawal Date the Mediacom Franchise shall supersede and replace the LMCC Franchise and any previous franchise granted to Mediacom to own, operate and maintain a cable system within the City. 5. This Ordinance is effective immediately upon passage and publication. 171727 74 APPROVED for publication by the City Council of the City of Orono , Minnesota this _llih day of AuguS t , 2013. CITY OF ORONO By_~.::.....=....,_0 ____:_,__;:M:...._.i.M~Le:::-=:::w:' ::::a- Lili Tod McMillan, Mayor ATTEST: 171727 75 EXHIBIT A Cable Television Franchise City of Orono, Minnesota Exhibit A 76 CITY OF ORONO, MINNESOTA CABLE TELEVISION FRANCHISE ORDINANCE August 12, 2013 77 TABLE OF CONTENTS Page No. SECTION 1 SHORT TITLE AND DEFINITIONS ................................................................... 1 SECTION 2 GRANT OF AUTHORITY ..................................................................................... 6 SECTION 3 CONSTRUCTION ST AND ARDS ......................................................................... 8 SECTION 4 DESIGN PROVISION .......................................................................................... 12 SECTION 5 SERVICE PROVISIONS ...................................................................................... 14 SECTION 6 PUBLIC ACCESS PROVISIONS ........................................................................ 14 SECTION 7 OPERATION AND ADMINISTRATION PROVISIONS ................................ 14 SECTION 8 GENERAL FINANCIAL AND INSURANCE PROVISIONS .......................... 17 SECTION 9 SALE, ABANDONMENT, TRANSFER and REVOCATION ......................... 21 SECTION 10 MISCELLANEOUS PROVISIONS .................................................................. 25 SECTION 11 PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS ... 27 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H 171276v2 System Extension Area Ownership Description of System Consumer Protection and Customer Service Standards PEG Access Facilities and Equipment Service to Public Facilities Public Buildings to be Provided with Two-Way Capability Franchise Fee Payment Worksheet 11 78 ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO MEDIACOM MINNESOTA LLC TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF ORONO, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of Orono ordains. STATEMENT OF INTENT AND PURPOSES The City of Orono intends, by the adoption of this Franchise, to provide for the continued operation about the development of a Mediacom's Cable System, and the improvement and enhancement of it. Such a development can contribute significantly to the communications' needs and desires of the residents and citizens of the City and the public generally. Further, City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of the Cable System. FINDINGS The City Council makes the following findings: 1. The Franchise granted to Grantee by City complies with the existing applicable City Code, State statutes, federal laws and regulations; and 2. The Franchise granted to Grantee is nonexclusive. SECTION 1 SHORT TITLE AND DEFINITIONS (1) Short Title. This Franchise shall be known and cited as the Cable Television Franchise Ordinance. (2) Definitions. For purposes of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. (a) "Actual Cost" means Grantee's cost without any increase due to overhead, interest, profit or administrative expense. 171276v2 79 171 2 76v2 (b) "Applicable Laws" means any local law, or federal or State statute, law, regulation or other final legal authority governing any of the matters addressed in this Franchise. ( c) "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S .C . § 543(b)(7)(1993). (d) "Cable Act" means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S .C. §§ 521 -611 (1982 & Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No . l 02-385 and the Telecommunications Act of 1996 , Pub. L. No. 104 - 458 and as the same may, from time to time, be amended. (e) "Cable Service" or "Service" means: (i) The one -way transmission to Subscribers of (i) video programming, or (ii) other programming service; and (ii) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. (f) "Cable System," or "System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include: (i) A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (ii) of-way; A facility that serves Subscribers without using any public rights- (iii) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S .C. §§ 201-226, except that such facility shall be considered a Cable System ( other than for purposes of 4 7 U.S.C. § 541) to the extent such facility is used in the transmission of video programming directly to Subscribers; unless the extent of such use is solely to provide interactive on- demand services; (iv) An open video system that complies with Section 653 of the Cable Act; or (v) Any facilities of any electric utility used solely for operating its electric utility system. 2 80 (g) "Channel" or "Cable Channel" means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television Channel as defined by the Federal Communications Commission. 171276v2 (h) "City" means the City of Orono, Minnesota as represented by the Council Pr any official delegate of the Council acting within the scope of its jurisdiction. (i) "Converter" means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber and by an appropriate selector permits a Subscriber to view all Subscriber signals included in the service. G) "Council" means the City Council of the City of Orono, Minnesota. (k) "Drop" means the cable that connects the ground block on the Subscriber's residence to the Node or the Tap on the nearest Feeder Cable of the System. (1) "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. (m) "Feeder Cable" means coaxial cables that run along Streets within the served area and connects between the individual Taps which serve the Drops. (n) "Franchise" means this Franchise and the regulatory and contractual relationship established hereby. (o) "Franchise Fee" means any tax, fee or assessment of any kind imposed by the City or any other Governmental Authority on a Grantee or cable Subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not include: (i) any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable Subscribers); (ii) capital costs which are required by the Franchise to be incurred by the Grantee for PEG Access Facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee imposed under Title 17 of the United States Code. (p) "GAAP" means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board ("F ASB"), _Emerging Issues Task Force ("EITF") and/or the U.S. Securities and Exchange Commission ("SEC"). (q) "Governmental Authority" means any court or other federal, State, county, municipal or other governmental department, commission, board, agency or instrumentality. (r) "Grantee" is Mediacom Minnesota LLC, its agents and employees, lawful successors, transferees or assignees. 3 81 171276v2 (s) "Gross Revenues" means any and all revenues received by the Grantee from or in connection with the operation of the Cable System to provide Cable Services in the Service Area. Gross Revenues shall include, by way of example but not limitation, revenues from Basic Cable Service, all Cable Service fees, premium, pay-per-view, Pay Television, Franchise Fees, late fees, guides, home shopping revenue, Installation and reconnection fees, upgrade and downgrade fees, advertising revenue, Converter rental fees and Lockout Device fees. Gross Revenue shall not include fees for the sale, leasing or servicing of equipment, network capacity and facilities rent for the provision of non- cable services (voice or data services), any fees itemized and passed through as a result of Franchise imposed requirements, tower rent, refundable deposits, bad debt, investment income, or any taxes, fees or assessments of general applicability imposed or assessed by any Governmental Authority. A Franchise Fee is not such a tax, fee or assessment. Gross Revenues shall not include any PEG Fees billed to or collected from Subscribers. The City acknowledges and accepts that Grantee shall maintain its books and records in accordance with GAAP. (t) "Headend" means the point of origination and processing for most of the signals received by the Cable System from external content providers. (u) "Installation" means the connection of the System from Feeder Cable to the point of connectivity. (v) "Node" means a device that consists ofreceivers and transmitters that amplify signals as they travel away from the Headend and receive upstream signals from connected coaxial legs. (w) "Non-Standard Installation" means any Drop in excess of Five Hundred (500) feet for a residential property. (x) "Normal Business Hours" means those hours during which most similar businesses in the City are open to serve customers. In all cases, "Normal Business Hours" must include some evening hours at least one (1) night per week and/or some weekend hours. (y) "Normal Operating Conditions" means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System. (z) "PEG" means public, educational and governmental. (aa) "Person" means any individual or any association, firm, general partnership, limited partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit. 4 82 (bb) "Public, Educational or Government Access Facilities" or "PEG Access Facilities" means : (i) Channel capacity designated for public, educational or governmental use; and (ii) Facilities and equipment for the use of such Channel capacity. (cc) "Service Area" or "Franchise Area" means the entire geographic area within the C ity as it is now constituted or may in the future be constituted. (dd) "Service Interruption" means the loss of picture or sound on one 1) or more Cable Channels. (ee) "Standard Installation" means the first Five Hundred (500) feet of a residential Drop. (ff) "State" means the State of Minnesota. (gg) "Street" means any street, alley, other land or waterway, dedicated or commonly used for utility purposes, including general or utility easements in which the City has the right and authority to authorize, r egulate or permit the location of facilities other than those of the City. "Street" shall not include any real or personal City property that is not specifically described in the previous sentence and shall not include City buildings, fixtures and other structures or improvements, regardless of whether they are situated in the public right-of-way. (hh) "Subscriber" means any Person who lawfully elects to subscribe to Cable Service via the System. In the case of multiple office buildings or multiple dwelling units, the "Subscriber" means the lessee, tenant or occupant. (ii) "Tap" means a device which connects a Drop to the Feeder Cable. (jj) "Wireline MVPD" means a multichannel video programming distributor that utilizes the Streets to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of video programming in the City. (3) Written Notice. All n otices, reports or demands required or permitted to be given under this Franchise shall be in writing and shall be deemed to be given when delivered personally to the party designated below, or when five (5) days have elapsed after it has been deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, or on the next business day if sent by express mail or nationally recognized overnight air courier addressed t o the party to which notice, report or demand is being given, as follows: 171276v2 5 83 If to City: Copy to: City Administrator City of Orono City Hall 2750 Kelley Parkway Orono, MN 55356 City Attorney Soren M. Mattick Campbell Knutson 1380 Corporate Center Curve Suite 317 Eagan, MN 55121 If to Grantee: Regional Manager Mediacorn Minnesota LLC P.O. Box 110 Copy to: 1504 Second Street Southeast Waseca, MN 56093 Bruce Gluckman, Esq. Mediacorn Communications Corporation 100 Crystal Run Road Middletown, NY 10941 Such addresses may be changed by either party upon notice to the other party given as provided in this section. SECTION 2 GRANT OF AUTHORITY (1) Franchise Required. It shall be unlawful for any Person, unless specifically required by Applicable Laws, to construct, install, operate or maintain a Cable System or to offer Cable Service in the City, unless such Person or the Person for whom such action is being taken shall have first obtained and shall currently hold a valid franchise. (2) Grant of Franchise. This nonexclusive Franchise is granted pursuant to the terms and conditions contained herein. The City hereby authorizes Grantee to occupy or use the City's Streets subject to: 1) the provisions of this non~exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Said Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the City's legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. (3 ) Grant of Nonexclusive Authority/Competitive Equity. 1712 76v2 6 84 I (a) The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described herein. If any other Wireline MVPD enters into any agreement with the City to provide multi channel video programming or its equivalent to residents in the City, the City, upon written request of the Grantee, shall permit the Grantee to construct and/or operate its Cable System and provide multi channel video programming or its equivalent to Subscribers in the City under the same material terms as applicable to the new MVPD with the goal of competitive equity, taking into consideration the City's capital contribution towards System extension as set forth in Section 3 of this Franchise. Within one hundred eighty (180) days after the Grantee submits a written request to the City, the Grantee and the City shall enter into an agreement or other appropriate authorization (if necessary) containing any modified terms and conditions to this Franchise. In no event shall this provision be used by Grantee to avoid the System extension obligations or Performance Bond obligations contained in this Franchise. 171276v2 (b) The Cable System constructed and maintained by Grantee or its agents shall not interfere with other uses of Streets. Grantee shall make use of existing poles and other facilities available to Grantee to the extent commercially reasonable. Nothing in this section authorizes the Grantee to construct poles in the City without prior City consent consistent with the City Code. (c) Notwithstanding the above grant to use Streets, no Street shall be used by Grantee if City, in its sole opinion, determines that such use is inconsistent with the terms, conditions, or provisions by which such Street was created or dedicated, or with the present use of the Street. (d) Grantee shall have the authority to use Streets for the distribution of Grantee's System. The City may require all developers of future subdivisions to allow and accommodate the construction of the System as part of any provisions for utilities to serve such subdivisions. .. (e) The Grantee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between A) the lawful provisions of the City Code or applicable regulations of the City and B) this Franchise, the express provisions of the City Code shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise of City's police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City's police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however, Grantee reserves any rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. 7 85 (f) Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances promulgated by the City, or (C) be construed as a waiver or release of the rights of the City in and to the Streets. (g) This Franchise complies with the Minnesota franchise standards set forth in Minnesota Statutes Section 238.084. The City and the Grantee shall conform to Minnesota laws promulgated subsequent to the date of this Franchise. The City and the Grantee shall conform to federal laws and regulations as they become effective. ( 4) Term. The term of this Franchise shall be for the period of ten (10) years from the date of acceptance by Grantee, unless renewed, revoked or, terminated sooner as herein provided ("Initial Term"). The Initial Term shall be extended for an additional five (5) years if Grantee has substantially complied with the material terms and conditions of this Franchise. Grantee shall provide written notice to City at least twelve (12) months prior to the end of the Initial Term indicating its compliance with the material terms and conditions of this Franchise. City shall respond within six (6) months of such notice from Grantee by either granting the five (5) year extension or stating in writing any objection the City may have to the five (5) year extension. The parties shall work in good faith to address any issues or concerns on mutually acceptable terms. (5) Previous Franchise. Upon acceptance of this Franchise by Grantee as required in Section 11 (2) herein, this Franchise shall supersede and replace any previous Franchise granting a franchise to Grantee to own, operate and maintain a Cable System within the City. (6) Ownership of Grantee. Grantee represents and warrants to City that the corporate structure of the Grantee, including all affiliated companies and ultimate parent company, are as set forth in the organizational chart attached hereto as Exhibit B. (7) Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary; provided that such rules, regulations, terms and conditions shall not be in conflict with Applicable Law. SECTION3 CONSTRUCTION STANDARDS (1) Territorial Area Involved. This Franchise is granted for the Service Area. (2) Construction Standards. If the System, or subsequent rebuilds or extensions, proposed for the Service area consist of fewer than one hundred ( 100) plant miles of cable subject to the specific terms of this Franchise: (a) Within ninety (90) days of the granting of the Franchise, the Grantee shall apply for the necessary governmental pennits, licenses, certificates, and authorizations ; (b) The energized trunk cable must be extended substantially throughout the authorized area within one ( 1) year after receipt of the necessary governmental permits, 171276v2 8 86 17 1276v2 licenses, certificates, and authorizations and the Persons along the route of the energized cable shall have individual Drops as desired during the same period oftime; and ( c) The above-stated requirements may be waived by City only upon occurrence of acts beyond the reasonable control of Grantee or acts of God. (3) Service to Residences. (a) Grantee shall provide Cable Service to any requesting Subscriber within the Service Area that requires a Standard Installation within thirty (30) days from the date of request, provided that the Grantee is able to secure access to all rights-of-way necessary to extend Service to such Subscriber on reasonable terms and conditions. (b) If a Subscriber requires a non-Standard Installation (e.g. a Drop in excess of 500 feet), Grantee shall, upon request, provide a quote for construction of the non- Standard Installation and shall establish a mutually acceptable payment schedule not to exceed one (1) calendar year. For residential Installations only, Grantee shall be responsible for all costs of the Standard Installation and the Subscriber shall be responsible for one half (1/2) of the Actual Cost of any construction required beyond the cost of the Standard Installation; Grantee shall be responsible for the balance of the costs for the non-Standard Installation. ( c) Grantee shall promptly bury all Drops to Subscribers' dwellings and restore the property to its original condition. In the event the ground is frozen or otherwise unsuitable to permit immediate burial, Grantee shall be permitted to delay such burial until the ground becomes suitable for burial and shall complete said burial no later than June I st of each year. ( d) Grantee shall ensure that all Installations and Drops are properly grounded and that the Cable System meets or exceeds the requirements of the most current editions of the National Electrical Code (NFRA 70) and the National Electrical Safety Code (ANSI C2). (4) System Extensions. (a) The City and Grantee desire to construct approximately nineteen (19) additional miles of System facilities in the City. The following shall govern the System Extension: (i) Grantee shall construct and activate the System cable at its sole cost and expense to areas depicted on Exhibit A by October 31 , 2015. (ii) Grantee shall submit its construction plans to City as soon as practicable after the Effective Date of this Franchise, showing the schedule and route for construction. City shall have thirty (30) days to review, comment on and approve the construction plans. Such approval shall not be unreasonably withheld and the parties shall work cooperatively to reach mutual agreement on the construction plans. 9 87 (iii) The nineteen (19) miles of System construction contemplated herein shall be in addition to any System construction which Grantee elects to undertake in the City and System construction in new developments. (5) Permits and Permit Fees. Grantee shall not construct any Cable System facilities until Grantee has secured the necessary permits from the City, subject to any right-of-way permit fee. Grantee and Subscribers shall not be required to pay a permit fee for Drops or System Extensions that do not involve work within road or street rights -of-way . (6) City Code. Grantee shall comply with all relevant City Codes in the course of fulfilling its obligations under this Franchise. (7) Grantee's Facilities and Equipment. (a) In those areas of the City where transmission or distribution facilities of all or a majority of the public utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its System underground. (b) Grantee shall be granted access to any easements granted to a public utility, municipal utility or utility district in any areas annexed by City or new developments. (c) In those areas of the City where Grantee's cables are located on the above- ground transmission or distribution facilities of the utility providing telephone or electric power service, and in the event that the facilities of both such utilities subsequently are placed underground, then the Grantee likewise shall remove its overhead facilities from . any affected poles and construct, operate and maintain its transmission and distribution facilities underground, at Grantee's cost. ( d) Certain of Grantee's equipment, such as pedestals, amplifiers and power supplies (but not antennae), which normally are placed above ground, may continue to remain in above-ground enclosures, however, the City specifically reserves all of its rights to approve above-ground or underground locations for pedestals subject to Applicable Laws . (e) Grantee shall comply with Minnesota Statutes §216D (the Gopher State One Call process). (8) New Residential Developments. In new residential developments in which all the electric power and telephone utilities are underground, the City may, in its sole discretion, require that the following procedure apply with respect to access to and utilization of underground easements: (a) The developer shall be responsible for contacting Grantee to provide Cable Service to that development. I 7 1276v2 88 (b) The developer shall accommodate all Wireline MVPD's in the joint utilities trench on the same terms and conditions. (c) Grantee will install infrastructure in all new developments planned by the City, however, said infrastructure may be limited to a conduit only system. Grantee reserves the right to participate in the common trench or to dig its own trench. Grantee shall be required to complete its infrastructure no later than ninety (90) days after it receives notice from the City that the first certificate of occupancy has been issued for a particular development, subject to the completion of any required plant construction under Section 3.4(a) ( d) The developer shall provide at least ten (10) business days notice of the date that utility trenches will be open to Grantee. Grantee shall not be required to use utility trenches provided by a developer and reserves the right to install its System in a separate trench at its own expense, subject to its compliance with applicable permitting requirements. (i) Developer shall submit evidence to City that: 1. It has notified Grantee that underground utility trenches are to be open as of an estimated date, and that Grantee is allowed access to such trenches, including trenches from proposed Streets to individual homes or home sites, on the same terms and conditions as other Wireline MVPD's; and 2. It has received a written notification from Grantee that Grantee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and Grantee. (9) Use of Streets and Property. Any and all Streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly and fully restored by Grantee, at its expense, to a condition as_ good as that prevailing prior to Grantee's work, as approved by City in the case of Streets and other public property. If Grantee shall fail to promptly perform the restoration required herein, City shall have the right, subject to Applicable Law, to put the Streets, public, or private property back into good condition. City reserves its rights to pursue reimbursement for such r estoration from Grantee in accordance with Applicable Law and the terms of this Franchise. 17!276v2 (a) Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. (b) The Grantee shall furnish to and file with City Administrator strand maps of the System, including the location of underground facilities, and Grantee shall file with 11 89 City updates of such maps, plats and permanent records annually if changes have been made in the System. City shall have right to travel to Grantee's office, within reasonable proximity of the City, to review an as-built map in accordance with Section 7 (3) of this Franchise. ( c) If at any time during the period of this Franchise, the City shall elect to alter, or change the grade or location of any Street, alley or other public way, the Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System, and in each instance comply with the standards and specifications of City. If City reimburses other occupants of the Street, Grantee shall be likewise reimbursed. ( d) The Grantee shall, on request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten (10) days advance notice to arrange for such temporary changes. (10) Tree Trimming. Grantee shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over Streets and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee. City representatives shall have authority to supervise and approve all trimming of trees conducted by Grantee. Grantee will contact the owners of private easements prior to engaging in the trimming of trees or shrubs adjacent to Grantee 's System. Grantee will make reasonable accommodations with and for the property owner to ensure Grantee 's System and cable plant is safe and secure as well as that the property owner's trees and shrubs are trimmed in accordance with established standards of the National Arborist Association. (11) Protection of facilities. Nothing contained in this section shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid damaging Grantee's facilities while performing any work connected with grading, regrading or changing the line of any Rights-of-Way or public place or the construction or reconstruction of any sewer or water system. !7!276v2 SECTION 4 DESIGN PROVISION ( 1) Minimum Channel Capacity. (a) Grantee shall provide a System utilizing a 750 MHz fiber/coaxial hybrid Cable System which shall be capable of delivering a minimum of eighty (80) video program Channels. (b) All programming decisions remain the sole discretion of Grantee subject to City's rights pursuant to 47 U.S.C. § 545. 12 90 l , (2) Technical Standards. The System shall at all times meet or exceed the technical standards established by the FCC as they may be amended from time to time and shall be operated so as to minimize disruption of signal to Subscribers. The System specifications are outlined in Exhibit C for information purposes. (3) Special Testing. City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. Before ordering such tests, Grantee shall be afforded thirty (30) days to correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted by a qualified engineer selected by City. In the event that special testing is required by City to determine the source of technical difficulties, the cost of said testing shall be borne by the Grantee if the testing reveals the source of the technical difficulty to be within Grantee's control. If the testing reveals the difficulties to be caused by factors which are beyond Grantee's control then the cost of said test shall be borne by City. (4) FCC Reports. Upon request, the results of tests required to be filed by Grantee with the FCC shall also be copied to City within ten ( I 0) days of the conduct of the date of the test. (5) Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (EAS) consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency officials for activating the EAS consistent with the Minnesota State Emergency Statewide Plan ("EAS Plan"). The City may also develop a local plan containing methods of EAS message distribution, subject to Applicable Laws and the EAS Plan. Nothing in this section is intended to expand Grantee's obligations beyond that which is required by the EAS Plan and Applicable Law. (6) Stand•by Power. Grantee shall provide 20,000 Watt standby power•generating capacity at the Headend. Grantee shall maintain standby power system supplies, rated for at least two and one•half (2.5) hours duration at all optical Node locations in the distribution network. (7) Parental Control Lock. Grantee shall provide, for sale or lease, to Subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any Channels offered by Grantee. 171276v2 13 91 SECTION 5 SERVICE PROVISIONS ( 1) Rate Regulation. The City reserves the right to regulate rates for Basic Cable Service and any other services offered over the Cable System, to the extent not prohibited by Applicable Laws. (2) Consumer Protection and Customer Service Standards. Grantee shall comply with the consumer protection standards attached hereto as Exhibit D under Normal Operating Conditions. SECTION 6 PUBLIC ACCESS PROVISIONS ( 1) Public, Educational and Government Access. City or its designee is hereby designated to operate, administer, promote, and manage public, educational, and governmental programming (hereinafter "PEG Access") for the Cable System established pursuant to this Section 6. Grantee shall have no responsibility whatsoever for PEG Access except as expressly stated in this Section 6. (2) Grantee Support for PEG Usage. In accordance with the provisions of the Cable Act and Minnesota Statutes Section 238.084, Grantee shall provide and make available for PEG Access usage within the Service Area in accordance with Exhibit E hereto. 171276v2 (a) PEG Access Facilities shall be operated by the City. (b) Community Access/PEG Programming. Subject to the legal and technical feasibility of same, Grantee shall, upon request from the City provide carriage of the Lake Minnetonka Cable Commission (LMCC) PEG programming originating from the LMCC and the Cities of Wayzata and Medina. Grantee will work with the City to explore the feasibility of broadcasting programming originating from the City in the future. SECTION7 OPERATION AND ADMINISTRATION PROVISIONS (1) Franchise Fee. (a) During the term of the Franchise, Grantee shall pay quarterly to the City a Franchise Fee of five percent (5%) of Gross Revenues or a lower percentage amount as established by the City Council from time to time. Grantee and City may mutually agree to increase the Franchise Fee subject to Applicable Law. In the event Grantee bundles or combines Cable Services (which are subject to the Franchise Fee) with non-Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable 14 .J 92 Service revenue no less than a pro rata share of the revenue received for the bundled or combined services. The pro rata share shall be computed on the basis of the published charge for each service in the bundled or combined classes of services when purchased separately. (b) Each Franchise Fee payment shall be paid quarterly not later than thirty (30) days following the end of a given quarter and each payment shall be accompanied by the Franchise Fee Payment Worksheet in the form attached hereto as Exhibit H. ( c) Except as otherwise provided by law, no acceptance of any payment by the C ity shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise Fee under this Franchise or for the performance of any other obligation of the Grantee. (d) Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the end of a given quarter shall be delinquent and shall immediately thereafter accrue simple interest at twelve percent (12%) per annum. Enforcement of unpaid Franchise Fees shall be handled in accordance with Section 9(7), however, Grantee shall in all cases be subject to interest on any payment more than thirty (30) days after the end of a given quarter. (e) Upon ten (10) days prior written notice, City shall have the right to conduct an independent audit of Grantee's records. If such audit indicates a Franchise Fee underpayment of five percent (5%) or more of the Franchise Fee due, the Grantee shall assume all of City's out-of-pocket costs associated with the conduct of such an audit. Grantee shall remit to City all applicable Franchise Fees and PEG fees due and payable together with all accrued interest as set forth in paragraph 7.1 (d) above within 30 days of receiving the audit statement. (f) Grantee acknowledges and agrees that the Franchise Fees payable by Grantee to City pursuant to this section shall take precedence over all other material provisions of the Franchise and shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which do not fall within the definition of a Franchise Fee under 4 7 U.S.C. § 542. (g) Grantee shall not apply or seek to apply all or any part of any taxes, fees or assessments of general applicability levied or imposed by the City or (including any such tax, fee or assessment imposed on both utilities and cable operators or their services) that do not fall within the definition of a Franchise Fee under 47 U.S.C. § 542 as a deduction or other credit from or against any of the Franchise Fees or other payments or contributions to be paid or made by Grantee to City pursuant to this Franchise which shall be deemed to be separate and distinct obligations of Grantee. (2) Periodic Evaluation, Review and Modification. City and Grantee acknowledge and agree that the field of cable television is rapidly changing and one which may see many regulatory, technical, financial , marketing and legal changes during the term of this Franchise. Therefore, in order to provide for the maximum degree of flexibility in this Franchise, and to J71276v2 15 93 help achieve an advanced and modem Cable System, the following evaluation provisions will apply: (a) The City reserves the right to adopt rules and regulations controlling the procedures as set forth below and the subjects for evaluation sessions. In the absence of any City action taken to exercise these rights, Grantee shall be subject to the procedures and the subjects described in this Section. (b) The City may require, in its sole discretion, that the Grantee participate in evaluation sessions with the City at any time and from time to time during the term of this Franchise; provided, however, there shall not be more than one (1) evaluation session in any three (3) year period during the Term. However, nothing shall prohibit Grantee and City from mutually agreeing to have informal reviews as requested or deemed advisable by either party. (c) Topics which may be discussed at any evaluation session include, but are not limited to, rates, Channel capacity, the System performance, programming, PEG Access, municipal uses of the System, Subscriber complaints, judicial rulings, FCC rulings and any other topics the City or Grantee may deem relevant. ( d) As a result of an evaluation session, the City or Grantee may determine l7l276v2 that an amendment in the terms of this Franchise may be required, that the requirements of the System or this Franchise should be updated, changed or revised, and/or that additional services should be provided by Grantee ( collectively a "Proposed Modification"). If the Proposed Modification is consistent with the terms of this Franchise, the needs of the City and existing state-of-the-art technology, including what is provided by Grantee in other systems owned, operated or managed by it, its parent company or any affiliated company, Grantee and the City will, in good faith, review the terms of the Proposed Modification and consider amending this Franchise according to Section 10(2) herein. (3) Records Required and City's Right to Inspect. (a) Grantee shall at all times maintain, at its sole cost and expense, the following records and information relating specifically to the Cable System serving the City -the City may review these records upon request: (i) A full and complete set of plans, records and "as-built" drawings and/or maps which shall be updated annually showing the location of the Cable System installed or in use in the City, exclusive of Subscriber service Drops and equipment provided in Subscribers' homes. (ii) A summary of trouble calls or complaints, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to the City within thirty (3 0) days following its request in a form reasonably acceptable to the City. 16 • I 94 (4) Upon reasonable notice and during Normal Business Hours, Grantee shall permit examination by any duly authorized representative of the City of all Franchise property and facilities, together with any appurtenant property and facilities of Grantee situated within or without the City, and those records relating to this Franchise, that enable the City to carry out its regulatory responsibilities under Applicable Laws and this Franchise. Grantee shall have the right to be present at any such examination. (5) Reports. All reports required under this Franchise shall be furnished at the sole expense of Grantee. (a) During the first three (3) years following the Effective Date of this Franchise, Grantee shall provide City with a quarterly report evidencing the progress of System construction and extension as set forth in Section 3 (4) of this Franchise. (b) Grantee shall provide City with an annual statement, within ninety (90) days of the close of each calendar year end, certified by Grantee 's controller or chief financial officer, reflecting the total amounts of Gross Revenues and all payments and computations of the Franchise Fee and the PEG Fee for the previous calendar year. (6) Duty to Cooperate. Each of Grantee and City shall use its commercially reasonable efforts to communicate and promptly and in good faith resolve any issues that may arise pursuant to this Franchise. 171276v2 SECTIONS GENERAL FINANCIAL AND INSURANCE PROVISIONS ( 1) Security Fund. (a) At the time of acceptance of this Franchise, Grantee shall provide, from a financial institution mutually acceptable to the Parties, and in a form and substance mutually acceptable to the Parties, an irrevocable and unconditional Letter of Credit in the sum of Ten Thousand and Noll 00 Dollars ($10,000.00) for the benefit of the City to ensure compliance by Grantee with all terms of the Franchise ("Security Fund"). Grantee shall maintain this Security Fund throughout the term of this Franchise and pursuant to Section 9(3)(b), and until such time as Grantee has liquidated all of its obligations with City. (b) The Security Fund shall provide that funds will be paid to City, upon written demand of City, and after the procedures of this section have been complied with in payment for liquidated damages charged pursuant to this section, in payment for any monies owed by Grantee pursuant to its obligations under this Franchise, or in payment for any damage incurred as a result of any acts or omissions by Grantee pursuant to this Franchise. ( c) In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Security Fund the following mutually agreed upon liquidated damages: 17 95 (i) For failure to timely complete system upgrades as provided in this Franchise unless the City has approved delays, and for failure to comply with construction, operation or maintenance standards and requirements, the penalty shall be Five Hundred and No/100 Dollars ($500) per day for each day, or part thereof, such failure occurs or continues. (ii) For failure to meet the customer service standards and requirements as set forth in this Franchise and the exhibits hereto the penalty shall be Three Hundred and No/100 Dollars ($300) per day for each day, or part thereof, such failure occurs or continues. (iii) For failure to comply with any of the provisions of this Franchise, or other City ordinance related to Franchise operations for which a penalty is not otherwise specifically provided pursuant to this subparagraph ( c ), the penalty shall be One Hundred Fifty and No/100 Dollars ($150) per day for each day, or part thereof, such failure occurs or continues. ( d) Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. ( e) Whenever City finds that Grantee has violated one ( 1) or more terms, 17l276v2 conditions or provisions of this Franchise, a written notice shall be given to Grantee, specifying with particularity the alleged violation. At any time after thirty (30) days ( or such additional reasonable time which is necessary to cure the alleged violation) following local receipt of notice, provided Grantee remains in violation of one ( 1) or more material terms, conditions or provisions of this Franchise, City may draw from the Security Fund all penalties and other monies due City from the date of the local receipt of notice. (f) Whenever notice of an alleged violation has been received by Grantee, Grantee may, within thirty (30) days of local receipt of notice, notify City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee to City shall toll the running of the time frames for cure and the accrual of any penalties herein and shall specify with particularity the matters disputed by Grantee. City shall hear Grantee's dispute at its next regularly scheduled Council meeting or as soon thereafter as possible pursuant to this Section 8(1 ). In no event shall City delay hearing Grantee 's dispute for more than ninety (90) days from receipt of Grantee's notice. Grantee shall be afforded a reasonable notice of the meeting and afforded a reasonable opportunity to participate in and be heard at the meeting. City shall supplement its decision with a written order sustaining or overruling the decision, and shall specify with particularity the factual and legal basis for its decision. (g) Upon determination by City that no violation has taken place, City shall withdraw the notice alleging a violation. Upon determination that a violation has occurred, Grantee shall have 30 days to cure said violation before penalties shall accrue. 18 96 (h) Grantee shall have the right to challenge in a court of competent jurisdiction the City's findings that Grantee has violated one (1) or more terms, conditions or provisions of this Franchise or has failed to substantially cure such violation. (i) If said Security Fund or any subsequent security fund delivered pursuant thereto expires prior to the expiration of the Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than the expiration of this Franchise. The renewed or replaced security fund shall be for the full amount stated in paragraph (a) of this section. G) If City draws upon the Security Fund or any subsequent security fund delivered pursuant hereto, in whole or in part, Grantee shall replenish or replace the same within fifteen (15) days and shall deliver to City a like replacement security fund for the full amount stated in paragraph (a) of this section as a substitution of the previous security fund. l 71276v2 (k) If any Security Fund is not so replenished or replaced, City may draw on said security fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid by Grantee pursuant hereof, including attorneys' fees incurred by the City in so performing and paying. (1) The collection by City of any damages, monies or penalties from the security fund shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the security fund, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. (2) Liability Insurance. (a) Grantee shall with its acceptance of this Franchise, and at its sole expense, take out and maintain during the term of this Franchise comprehensive general liability insurance with a company licensed to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than "A-" that shall protect the Grantee, the City and their officials, officers, directors, employees and agents from any and all claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee's vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Two Million Dollars ($2,000,000 .00). (b) The following endorsements shall be attached to the liability policy: (i) The policy shall provide coverage on an "occurrence" basis. 19 97 (ii) The policy shall cover personal injury as well as bodily injury. (iii) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries, personal injuries and property damage. (iv) Broad form property damage liability shall be afforded. (v) The City shall be named as an additional insured on all policies required under this Franchise. (vi) An endorsement shall be provided which states that the coverage is primary insurance and that no other insurance maintained by the City will be called upon to contribute to a loss under this coverage. (vii) Standard form of cross-liability shall be afforded. (viii) An endorsement stating that the policy shall not be canceled without thirty (30) days notice of such cancellation given to the City. (ix) Grantee shall submit to City a certificate of insurance signed by the insurance agent and companies named. (x) All insurance shall be effective within thirty days after the Franchise is executed by Grantee and shall continue in full force and effect for the duration of the Franchise and per Section 9(3 )(b) of the Franchise. (3) Workers' Compensation Insurance. Grantee shall obtain and maintain Workers' Compensation Insurance for all of Grantee's employees, and in case any work is sublet, Grantee shall require any subcontractor similarly to provide Workers' Compensation Insurance for all of their employees, all in compliance with State laws, and to fully indemnify the City from and against any and all claims arising out of occurrences on Grantee's work. Grantee hereby indemnifies City for any and all costs, expenses (including attorneys' fees and disbursements of counsel), damages and liabilities incurred by City as a result of any failure of either Grantee or any subcontractor of Grantee to take ~ut and maintain such insurance. Grantee shall provide the City with a certificate of insurance indicating Workers' Compensation coverage upon its acceptance of this Franchise. I 71276v2 ( 4) Indemnification. (a) Grantee shall indemnify, defend and hold City, its officers, boards, commissions, agents and employees ( collectively the "Indemnified Parties") harmless from and against any and all lawsuits, claims, causes of action, actions, liabilities, demands, damages, judgments, settlements, disability, losses, expenses (including attorney's fees and disbursements of counsel) and costs of any nature ("Claims") that any of the Indemnified Parties may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grant of this Franchise, the operation of Grantee's System, the breach by Grantee of its obligations under this Franchise and/or the activities 20 98 l 71276v2 of Grantee, its subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall indemnify, defend and hold the Indemnified Parties harmless from and against any and all matters relative to payment of Grantee's employees, including compliance with Social Security and withholdings. (i) The indemnification obligations of Grantee set forth in this Franchise are not limited in any way by the amount or type of damages or compensation payable by or for Grantee under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Franchise, or the terms, applicability or limitations of any insurance held by Grantee. (ii) City does not, and shall not, waive any rights against Grantee which it may have by reason of the indemnification provided for in this Franchise, because of the acceptance by City, or the deposit with City by Grantee, of any of the insurance policies described in this Franchise. (iii) The indemnification of City by Grantee provided for in this Franchise shall apply to all damages and claims for damages of any kind suffered by reason of any of the Grantee's operations referred to in this Franchise, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. (iv) Grantee shall not be required to indemnify City for Claims brought by the Lake Minnetonka Communications Commission (LMCC) against the City, or negligence or misconduct on the part of City or its officials, boards, commissions, agents, or employees. City shall hold Grantee harmless, subject to the limitations in Minnesota Statutes Chapter 466, for any damage resulting from the negligence or misconduct of the City or its officials, boards, commissions, agents, or employees in utilizing any PEG Access Channels, equipment, or facilities and for any such negligence or misconduct by City in connection with work performed by City and permitted by this Franchise, on or adjacent to the Cable System. SECTION9 SALE, ABANDONMENT, TRANSFER AND REVOCATION (I) Franchise Non-transferable. (a) Grantee shall not voluntarily or involuntarily, by operation of law or otherwise, sell, assign, transfer, lease, sublet or otherwise dispose of, in whole or in part, the Franchise and/or Cable System or any of the rights or privileges granted by the Franchise, without the prior written consent of the Council, which consent shall not be unreasonably denied or delayed. (b) Without limiting the nature of the events requiring the Council's approval under this section, the following events shall be deemed to be a sale, assignment or other transfer of the Franchise and/or Cable System requiring compliance with this section: (i) 21 99 the sale, assignment or other transfer of all or a majority of Grantee's assets or the assets comprising the Cable System to any Person; (ii) the merger of the Grantee or any of its parents with or into another Person (including the merger of Grantee or any parent with or into any parent or subsidiary corporation or other Person); (iii) the consolidation of the Grantee or any of its parents with any other Person; (iv) the creation of a subsidiary corporation or other entity; (v) the sale, assignment-or other transfer of capital stock or partnership, membership or other equity interests in Grantee or any of its parents by one or more of its existing shareholders, partners, members or other equity owners so as to create a new Controlling Interest in Grantee; (vi) the issuance of additional capital stock or partnership, membership or other equity interest by Grantee or any of its parents so as to create a new Controlling Interest in Grantee; and (vii) the entry by the Grantee into an agreement with respect to the management or operation of the Grantee, any of Grantee's parents and/or the System or the subsequent amendment thereof. The term "Controlling Interest" as used herein is not limited to majority equity ownership of the Grantee, but also includes actual working control over the Grantee in whatever manner exei;cised. (c) Grantee shall notify City in writing of any foreclosure or any other judicial sale of all or a substantial part of the property and assets comprising the Cable System of the Grantee or upon the termination of any lease or interest covering all or a substantial part of said property and assets. (d) For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, City may inquire into the qualifications of the prospective transferee or controlling party. Grantee agrees to provide FCC Form 394 as part of any request for transfer or change of control under this Franchise. If, after considering the legal, financial, character and technical qualities of the transferee and determining that they are satisfactory, the City finds that such transfer is acceptable, the Council shall permit such transfer and assignment of the rights and obligations of this Franchise as may be in the public interest. The consent of the Council to such transfer shall not be unreasonably denied. ( e) Any financial institution having a security interest in any and all of the 11:1.27.6\12 property and assets of Grantee as security for any loan made to Grantee or any of its affiliates for the construction and/or operation of the Cable System must notify the City that it or its designee satisfactory to the City shall take control of and operate the Cable System, in the event of a default in the payment or performance of the debts, liabilities or obligations of Grantee or its affiliates to such financial institution. Further, said financial institution shall also submit a plan for such operation of the System within thirty (30) days of assuming such control that will insure continued service and compliance with all Franchise requirements during the term the financial institution or its designee exercises control over the System. The financial institution or its designee shall not exercise control over the System for a period exceeding one (1) year unless extended by the Council in its discretion and during said period of time it shall have the right to petition the Council to transfer the Franchise to another Grantee. (f) In addition to the aforementioned requirements in this Section 9(1), the City and Grantee shall, at all times, comply with the requirements of Minnesota Statutes 22 100 17l 2 76v2 Section 238.083 regarding the sale or transfer of a franchise and with all other Applicable Laws. (2) City's Right to Purchase System. (a) The City shall have a right of first refusal to purchase the Cable System in the event the Grantee receives a bona fide offer to purchase the Cable System from any Person. Bona fide offer as used in this section means a written offer which has been accepted by Grantee, subject to the City's r i ghts under this Franchise. The price to be paid by the City shall be the amount provided for in the bona fide offer, including the same terms and conditions as the bona fide offer. The City shall notify Grantee of its decision to purchase within sixty (60) days of the City's receipt from Grantee of a copy of the written bona fide offer. (b) Consistent with Section 627 of the Cable Act and all other Applicable Laws, at the expiration, cancellation, revocation or termination of this Franchise, the City shall have the option to purchase, condemn or otherwise acquire and hold the Cable System. (3) Abandonment or Removal of Franchise Property. ( a) In the event that the use of any property of Grantee within the Franchise Area or a portion thereof is discontinued for a continuous period of twelve (12) months, Grantee shall be deemed t o have abandoned that property. (b) City, upon such terms as City may impose, may give Grantee written permission to abandon, without removing, any System facility or equipment laid, directly constructed, operated or maintained in, on, under or over the Franchise Area. Unless such permission is granted or unless otherwise provided in this Franchise, the Grantee shall remove all abandoned facilities and equipment upon receipt of written notice from City and shall restore any affected Street to its former state at the time such facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation made by or on behalf of Grantee and shall leave all Streets and other public ways and places in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. City shall have the right to inspect and approve the condition of the Streets, public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Franchise and any security fund and performance bond provided for in this Franchise shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this section. ( c) Upon abandonment of any Franchise property in place, the Grantee, if required by the City, shall submit to City a bill of sale and/or other an instrument, satisfactory in form and content to the City, transferring to the City the ownership of the Franchise property abandoned. 23 101 ( d) At the expiration of the tenn for which this Franchise is granted, or upon its earlier revocation or termination, as provided for herein, in any such case without renewal, extension or transfer, the City shall have the right to require Grantee to remove, at Grantee's sole expense, all above-ground portions of the Cable System from all Streets and public ways within the City within a reasonable period of time, which shall not be less than one hundred eighty (180) days. ( e) Notwithstanding anything to the contrary set forth in this Franchise, the Grantee may, with the consent of the City, abandon any underground Franchise property in place so long as it does not materially interfere with the use of the Street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable operator. ( 4) Extended Operation and Continuity of Services. Upon termination or forfeiture of this Franchise, Grantee shall remove its cable, wires, and appliances from the Streets, alleys, or other public places within the Service Area if the City so requests. Failure by the Grantee to remove its cable, wires, and appliances as referenced herein shall be subject to the requirements of Section 9(3) of this Franchise. (5) Receivership and Foreclosure. The Franchise granted hereunder shall, at the option of City, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of Grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers or trustees shall have, within one hundred twenty ( 120) days after their election or appointment, fully complied with all the terms and provisions of this Franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all the defaults and violations under this Franchise or provided a plan for the remedy of such defaults and violations which is satisfactory to the City; and (2) such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of this Franchise. (6) Performance Bond. Within thirty (30) days of Grantee's execution of this Franchise Grantee shall provide City with a $500,000 Performance Bond in a form and with such sureties as are mutually acceptable to the Parties. The Performance Bond shall be in the amount of $500,000 to be reduced to $300,000 twenty-four (24) months from the Effective Date and reduced further to $100,000 upon completion of the System extension obligations set forth in Section 3 of this Franchise which the parties anticipate to be completed thirty-six (36) months from the Effective Date of the Franchise. The Performance Bond shall ensure compliance with all infrastructure requirements of the Franchise. If additional construction is undertaken in the City, Grantee shall comply with Applicable Law regarding any bonding requirements. (7) Procedure for Enforcing Franchise. In the event City believes that Grantee has breached or violated any provision of this Franchise, City shall act in accordance with Section 9(1) (c-f). 171 276v2 24 102 I> (a) If the City chooses to terminate this Franchise, the following additional procedure shall be followed: (i) The City shall provide Grantee with written notice of the City's intention to terminate this Franchise and specify in detail the reason or cause for the proposed termination. The City shall allow Grantee a minimum of fifteen (15) days subsequent to receipt of the notice in which to cure the default. (ii) Grantee shall be provided with an opportunity to be heard at a regular or special meeting of City prior to any final decision of City to terminate this Franchise. (iii) In the event that City determines to terminate this Franchise, the Grantee shall have an opportunity to appeal said decision in accordance with all Applicable Laws. (iv) If a valid appeal is filed, the Franchise shall remain in full force and affect while said appeal is pending, unless the term of the Franchise sooner expires. (8) Reservation of Rights. City and Grantee reserve all rights that they may possess under Applicable Laws unless expressly waived herein. SECTION 10 MISCELLANEOUS PROVISIONS (1) Franchise Renewal. Any renewal of this Franchise shall be in accordance with Applicable Laws. The term of any renewed Franchise shall be limited to a period not to exceed fifteen (15) years. (2) Amendment of Franchise. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 7 (2) or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in Applicable Laws. City shall act pursuant to local law pertaining to the ordinance amendment process. 171276v2 (3) Right of Individuals. (a) Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, disability, national origin, age, gender or sexual preference. Grantee shall comply at all times with all other Applicable Laws, relating to nondiscrimination. (b) Grantee shall adhere to the applicable equal employment opportunity requirements of Applicable Laws, as now written or as amended from time to time including 47 U.S.C. Section 551, Protection of Subscriber Privacy. 25 103 (c) No cable line, wire, amplifier, Converter, or other piece of equipment owned by Grantee shall be installed by Grantee in the Subscriber's premises, other than in appropriate easements, without first securing any required consent. If a Subscriber requests service, permission to install upon Subscriber's property shall be presumed. Where a property owner or his or her predecessor was granted an easement including a public utility easement or a servitude to another and the servitude by its terms contemplates a use such as Grantee's intended use, Grantee shall not require the written permission of the owner for the Installation of cable television equipment. ( d) No signals of a class IV cable communications channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of a Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. The written permission must be for a limited period of time not to exceed one year which is renewable at the option of the Subscriber. No penalty may be invoked for a Subscribers failure to provide or renew the authorization. The authorization is revocable at any time by the Subscriber without penalty of any kind. The permission must be required for each type or classification or class IV cable communications activity planned. (i) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to the lists of the names and addresses of the Subscribers or li'sts that identify the viewing habits of Subscribers may be sold or otherwise made available to any Person other than to Grantee and its employees for internal business use, or to the Subscriber who is the subject of that information, unless the Grantee has received specific written authorization from the Subscriber to make the data available. (ii) Written permission from the Subscriber must not be required for the Systems conducting system-wide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality of this infonnation is subject to paragraph (i) above. (iii) For purposes of this Section 10(3), a "class IV cable communications channel" means a signaling path provided by a System to transmit signals of any type from a Subscriber terminal to another point in the System. (4) Rights Reserved to City. In addition to any rights specifically reserved to the City by this Franchise, the City reserves to itself every right and power which is required to be reserved by a provision of this Franchise. (5) Confidential Information. Notwithstanding anything herein to the contrary, Grantee shall have the right to provide any confidential books and records that it is obligated to make available to the City pursuant to this Franchise, by allowing the City, or its designated representative(s), to view the books and records at a mutually agreeable location and without City obtaining its own copies of such books and records. Alternatively, Confidential or 171276v2 26 104 proprietary information may be disclosed pursuant to a reasonable mutually agreeable non- disclosure agreement. The intent of the parties is to work cooperatively to insure that all books and records reasonably necessary for City's monitoring and enforcement of Franchise obligations are provided to City. (6) Severability. If any provision of this Franchise is held by any Governmental Authority of competent jurisdiction, to be invalid as conflicting with any Applicable Laws now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such Applicable Laws, such provision shall be considered a separate, distinct, and independent part of this Franchise, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such Applicable Laws are subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such laws, said provision shall thereupon return to full force and effect and shall thereafter be binding on City and Grantee, provided that City shall give Grantee thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provis_ion. (7) Force Majeure. In the event Grantee 's performance of any of the terms, conditions, obligations or requirements of this Franchise is prevented or impaired due to any cause beyond its reasonable control, such inability to perform shall be deemed to be excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified City in writing within a reasonable time of its discovery of the occurrence of such an event. Such causes beyond Grantee's reasonable control shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment, in ability of Grantee to obtain access to an individual 's property and inability of Grantee to secure all necessary permits to utilize utility poles and conduit so long as Grantee utilizes due diligence to timely obtain said permits. (8) Most Favored Nations. In the event Grantee enters into a new franchise with the Lake Minnetonka Communications Commission during it 2013 -2014 franchise renewal proceeding ("LMCC Franchise") the City may notify Grantee in writing of its intent to require such benefits, rights or privileges contained in the LMCC Franchise and Grantee agrees to extend to City, at City sole option, the benefits, rights and privileges of any term or terms within the LMCC Franchise on mutually acceptable terms. SECTION 11 PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS (1) Publication; Effective Date. This Franchise shall be published in accordance with Applicable Law and accepted by the Grantee. The "Effective Date" of this Franchise shall be the date the City's withdrawal from the LMCC is final. It is the understanding of the parties that this date shall be December 31, 2013. (2) Acceptance. Grantee shall accept this Franchise within thirty (30) of its enactment by the City Council, unless the time for acceptance is extended by City. In the event 171276v2 27 105 acceptance does not take place, this Franchise and any and all rights previously granted to Grantee shall be null and void. (a) Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein, subject to the effectiveness of the Franchise as required in Section 11(1). (b) Grantee shall accept this Franchise in the following manner: (i) This Franchise will be properly executed and acknowledged by Grantee and delivered to City. (ii) With its acceptance, Grantee shall also deliver any performance bond and insurance certificates required herein that have not previously been delivered. Passed and adopted this 8th day of July, 2013. CITY OF ORONO, MINNESOTA Dated: {l L1.y-~ l._~_~2013 By:~~=-><--·..lol><-=W~&~~~' ~ Its: -L..H~~ ...... ;v\~----- ATTEST: 171276v2 28 106 ,. ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions . L\ , 2013 SWORN TO BEFORE ME this ~ day of Sepi=mbe r; 2013 ~ ~U,1(/!j Notary Public 17l276v2 29 MEDIACOM MINNESOTA LLC Janna M. GuarlnO NalmyPubllc In State of MN._ , Ollllec:t n Orange Coll'lff fteg. No. 02GU623773S llyCommlaslon Expires: 1121/JOfl 107 ' EXHIBIT A SYSTEM EXTENSION AREA 17 '! A -1 108 .. EXHIBITB OWNERSIDP Grantee must maintain on file with City an accurate chart outlining its complete ownership structure. 171276v2 B-1 109 EXHIBIT C DESCRIPTION OF SYSTEM 1. The Cable System shall be designed, constructed, routinely inspected, and maintained to guarantee that the Cable System meets or exceeds the requirements of the most current editions of the National Electrical Code (NFRA 70) and the National Electrical Safety Code (ANSI C2). In all matters requiring interpretation of either ·of these codes, the City's interpretation shall control over all other sources and interpretations. 2. General Requirements. Grantee shall use equipment used in high-quality, reliable, modem Cable Systems of similar design. 3. General Description. The Cable System shall provide Subscribers with a technically advanced and reliable Cable System. The System shall have at least 750 MHz of bandwidth capacity, capable of delivering approximately 80 analog channels of programming. The System will be two-way active, and it will be designed to have capability to transmit return signals upstream in the 5-40 MHz spectrum. The design will provide the benefits of proven 80-channel electronics while positioning the System for expansion of bandwidth and channel capacity as technology and future services develop. 4. Design. The design of the System shall be based upon a "Fiber to the Node" architecture that will deliver the signals by fiber optics directly to each neighborhood. Grantee's initial design includes a minimum of six (6) fibers to each Node site having a neighborhood group average of approximately three hundred (300) homes. If Grantee splits Nodes into smaller sizes, fewer fibers will extend to such smaller Nodes. There shall be no more than seven (7) active amplifiers in a cascade from each Node to the residential dwelling. The incorporation pf stand- by power supplies, strategically placed throughout the system including all hubs, will further reduce the likelihood of Service Interruptions. 5. Technical Standards. The System shall meet or exceed FCC requirements. In no event shall the System fall below the following standards: a. b. C. d. e. 171276v2 The System shall be capable of meeting the following distortion parameters: 1. Carrier to RMS Noise 48 dB 2. Carrier to Second Order 53 dB 3. Carrier to Cross Modulation 51 dB 4. Carrier to Composite Triple Beat 53 dB The frequency response of a single channel as measured across any 6 MHz analog channel shall not exceed+/-2 dB. The frequency response of the entire passband shall not exceed N/10+ 2 dB for the entire System where N is the number of amplifiers in cascade. The System shall be designed such that at a minimum all technical specifications of this Franchise Agreement are met. The System shall be designed such that no noticeable degradation in signal quality will appear at the Subscriber terminal. C-1 110 EXHIBIT D CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS (1) Cable System office hours and telephone availability. (a) Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week. (i) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (ii) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. (b) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. ( c) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (d) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. ( e) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. Current locations include Mound and Chanhassen. Grantee will provide adequate notice to customers of any changes or modifications to locations or hours of operation. (2) Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: 171276v2 (a) Standard Installations will be performed within seven (7) business days after an order has been placed. (b) Excluding conditions beyond the control of Grantee, Grantee will begin working on "Service Interruptions" promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business day after n otification of the Service problem. D-1 111 ( c) The "appointment window" alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.) ( d) Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. ( e) If Grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. (3) Communications between Grantee and Subscribers: (a) Refunds. Refund checks will be issued promptly, but no later than either: (i) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (ii) The return of the equipment supplied by Grantee if Cable Service is terminated. (b) Credits. Credits for Cable Service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. ( 4) Billing: (a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to , Basic Cable Service and premium Cable Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (b) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) days. (5) Subscriber Information. Grantee will provide written information on each of the following areas at the time of Installation of Service, at least annually to all Subscribers, and at any time upon request: (a) Products and Services offered; (b) Prices and options for programming services and conditions of subscription to programming and other services; (c) Installation and Service maintenance policies; 171276v2 D-2 112 \, .. ( d) Instructions on how to use the Cable Service; ( e) Channel positions of programming carried on the System; and (f) Billing and complaint procedures, including the address and telephone nwnber of the Grantee's customer service department. Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including the address of the responsible officer of the Grantee. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Grantee. In addition, Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the information required by this Section (5). (6) Notice or Rate Programming Change. In addition to the requirement of this subparagraph (f) regarding advance notification to Subscribers of any changes in rates, programming services or Channel positions, Grantee shall give thirty (30) days written notice to both Subscribers and the City before implementing any rate or Service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, Grantee need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts. (7) Subscriber Contracts. Grantee shall, upon written request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee's current Subscriber rates and charges for Cable Service shall be maintained on file with City and shall be available for public inspection. (8) Refund Policy. If a Subscriber's Cable Service is interrupted or discontinued, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty (30) days. (9) Late Fees. Grantee shall comply with all applicable state and federal laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee 's compliance with all Applicable Laws to the maximum extent legally permissible. (I 0) Customer Bills. Customer bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Customers, and in a way that (A) is not misleading and (B) does not omit material information. Notwithstanding anything to the 171276v2 D-3 113 contrary in Section (4), above, Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S .C. §542(c)). (11) Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) days in a manner deemed reasonable by the City under the terms of the Franchise. (12) Maintain a Complaint Phone Line. Grantee shall maintain a local or toll-free telephone Subscriber complaint line, available to its Subscribers twenty-four (24) hours per day, seven (7) days a week. ( 13) Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section (5), the twenty-four (24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the contact information for Grantee's corporate customer service department as provided in Grantee's Privacy Policy. 171276v2 (14) Subscriber Privacy. (a) To the extent required by Minn. Stat. §238 .084 Subd. l(s) Grantee shall comply with the following: No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1 ) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (b) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grant ee's business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions . Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such permission. The permission shall be revocab le at any time by the Subscriber without penalty of any kind whatsoever. (c) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of D-4 </ , . 114 such information shall be subject to the provision set forth in subparagraph (b) of this section. (15) Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees, subcontractors and agents entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. 171276v2 D-5 115 1. EXHIBIT E PEG ACCESS FACILITIES AND EQUIPMENT PUBLIC, EDUCATION AL AND GOVERNMENT (PEG) ACCESS CHANNELS . a) Grant ee shall provide to each of its Subscribers who receive some or all of the Services offered on the Cable System, reception on at least one (1) specially designated noncommercial public access Channel available for use by the general public on a first- come, first-served, nondiscriminatory basis; at least one (1) specially designated access Channel for use by local educational authorities; at least one (1) specially designated access Channel available for government use (hereinafter collectively referred to as the "PEG Channels"); and at least one (1) specially designated access Channel available for lease on a first-come, first-served, nondiscriminatory basis by commercial and noncommercial users. The VHF spectrum must be used for at least one (1) of the PEG Channels required in this paragraph. No charges may be made for Channel time or playback of prerecorded programming on the specially designated access Channels. Personnel, equipment and production costs may be assessed, however, for live studio presentations exceeding five (5) minutes in length. Charges for those production costs and fees for use of other public access Channels must be consistent with the goal of affording the public a low-cost means of television access. b) Whenever the PEG Channels are in use during eighty percent (80%) of the weekdays, Monday to Friday, for eighty percent (80%) of the time for any consecutive three (3) hour period for six ( 6) weeks running, and there is demand for use of an additional Channel for the same purpose, the Grantee shall then have six ( 6) months in which to provide a new PEG Channel for the same purpose, provided that provision of the additional Channel or Channels must not require the Cable System to install Converters. c) The PEG Channels shall be dedicated for PEG use for the term of the Franchise, provided that Grantee may, utilize any portions of the PEG Channels not scheduled for PEG use. City shall establish rules and procedures for such scheduling in accordance with Section 611 of the Cable Act (47 U .S.C. § 531). d) Grantee shall also designate Channel 6 for uniform regional channel usage currently provided by "Metro Channel 6" as required by Minnesota Statutes Section 238.43. Programming on this regional channel shall include a broad range of informational, educational, and public service programs and materials to cable television Subscribers throughout the Twin Cities metropolitan area. e) Grantee shall provide the Access Channels on the Basic Cable Service tier. Upon written request by the City , Grantee shall provide one (1 ) PEG Channel which may be programmed by the City in high definition (HD). City shall offer a broad array of programming designed to provide a composite of the programming available of the PEG Channels. City W1derstands and agrees that if it exercises this option, Grantee may reduce the number of PEG Channels on the Basic Tier to two (2) channels in addition to the Regional Channel six ( 6) if applicable. 171276v2 E-1 116 2. PEG TECHNICAL QUALITY. Grantee shall meet FCC signal quality standards when offering Access Channels on its Cable System. 3. RELOCATION OF GRANTEE'S HEADEND. In the event Grantee relocates its Headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee's cost so that all the functions and capacity remain available, operate reliably and satisfy all applicable technical standards and related obligations of the Franchise free of charge to the City or its designated entities. 4. PEG OPERATIONS. City may in its sole discretion, negotiate agreements with neighboring jurisdictions served by the same Cable S ystem, educational institutions or others to share the operating expenses of the PEG Channels. City and Grantee may negotiate an agreement for management of PEG Access Facilities, if so desired by both parties. 5. TITLE TO PEG EQUIPMENT. City shall retain title to all PEG equipment and facilities purchased or otherwise acquired. 6. 171276v2 PEG ACCESS OPERATING SUPPORT. a) Upon Grantee's acceptance of this Franchise, Grantee shall collect on behalf of City a per Subscriber fee of One Dollar and Twenty Cents ($1.20) per month solely to fund public, educational and governmental access expenditures (hereinafter "PEG Fee") which shall be payable quarterly and included in the Fee worksheet Exhibit H. The City Council may reduce the PEG Fee at any time and the parties may mutually agree to increase the PEG Fee at any time. b) The PEG Fee shall be used by City in its sole discretion to fund PEG Access expenditures in a manner consistent with Applicable Law. c) The PEG Fee is not intended to represent part of the Franchise Fee and is intended to fall within one (1) or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. §542 or other Applicable Laws. Grantee shall pay the PEG Fee to the City quarterly at the same time as the payment of Franchise Fees under Section 7(1) of the Franchise. Grantee agrees that it will not offset or reduce its payment of past, present or future Franchise Fees required as a result of its obligation to remit the PEG Fee. d) Any PEG Fees owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the end of a given quarter shall be delinquent and shall immediately thereafter accrue interest at the same rate and under the same terms as late Franchise Fee payments as set forth in Section 7(1) of the Franchise. Enforcement of unpaid PEG Fees shall be handled in accordance with Section 9(7) of the Franchise, however, Grantee s hal l in all cases be subject to interest on any payment more than thirty (30) days after the end of a given quarter. E-2 117 e) Within thirty (30) days after receipt of notice fonn the City, Grantee shall pay City up to Seventy-Five Thousand and no/lOOths Dollars ($75,000.00) as a capital equipment grant ("Grant"). Said Grant may be payable in multiple draws over the course of he term as long as each draw is preceded by thirty (30) days written notice from the City and the aggregate amount ofhe Grant does not exceed Seventy-Five Thousand Dollars and no/1 0Oths ($75,000.00). Grantee shall recoup said Grant by retaining $1000.00 per month until such time as the capital grant above is recouped. Upon such recoupment, Grantee shall notify the City and Grantee shall thereafter pay the entire PEG Fee payment to the City. 7. SERVICE TO PUBLIC BUILDINGS. 171276v2 a) Throughout the tenn of this Franchise Grantee shall provide, free of charge, one (l) service Drop, one outlet, one (1) Converter, if necessary and requested, and Basic Cable Service and the next highest penetrated level of Cable Service generally available to all Subscribers (as of the Effective Date referred to as Expanded Basic Cable Service) ("Complimentary Service"), to all of the sites listed on Exhibit F attached hereto. b) The City or the building occupant shall have the right to extend Cable Service throughout the building to additional outlets without any fees imposed by Grantee for the provision of such service to such additional outlets except for the cost of additional terminal equipment required to receive the signals. c) Notwithstanding anything to the contrary set forth in this section, Grantee shall not be required to provide Complimentary Service to such buildings unless it is technically feasible. d) Grantee shall, in any public building hereinafter built, provide all Drop materials, design specifications and technical advice to provide Complimentary Service to a demark point at such building. If the Drop line to such building exceeds five hundred (500) feet the City or other agency shall pay the Actual Cost of such Drop in excess of five hundred (500) feet. e) Two-way capability allowing for live transmission of PEG programming upstream to Grantee's Headend shall be provided to the public buildings listed in Exhibit G at Grantee's expense. E-3 118 171276v2 EXHIBIT F SERVICE TO PUBLIC FACILITIES 1. City Hall 2. Police 3. Public Works 4. Golf Course F-1 2750 Kelley Parkway 2730 Kelley Parkway 2700 Kelley Parkway 265 Orono Orchard South 119 l •• EXHIBIT G PUBLIC BUILDINGS TO BE PROVIDED WITH TWO-WAY CAP ABILITY 1. CITY BUILDINGS: City Hall 2750 Kelley Parkway 171276v2 G-1 120 • EXHIBIT H FRANCHISE FEE and PEG FEE PAYMENT WORKSHEET TRADE SECRET-CONFIDENTIAL Month/Year Month/Year Month/Year Total Cable Service Revenue Installation Charge Advertising Revenue Horne Shopping Revenue Other Revenue Equipment rental REVENUE Fee Calculated Fee Factor: 5% I PEG Fee I 71276v2 H-1 121 Item No.: 8 Date: February 26, 2024 Presenter: Natalie Nye Presenter: Planner Section:Community Development Report Title: LA23-000062, Peter Eskuche, 4423 North Shore Drive, Variances 1.Purpose: This application is regarding variances from average lakeshore setback and bluff setbacks in order to construct a new home. 2.MN§15.99 Application Deadline: The application was received December13, 2023 and considered to be complete on December 26, 2023. Staff has administratively extended the deadline an additional 60 days per State statute and therefore the 120-Day deadline will expire on April 24, 2024. 3.Background: The applicant is proposing to demolish the existing home and construct a new home in a similar location. The subject property is a lake lot that also fronts on a channel. The property contains bluffs along the lake and channel frontages. The subject property is subject to lake setbacks along the southern and western property lines as well as bluff setbacks. There are two different bluff setbacks from the top of the bluff, a 20-foot bluff impact zone and a 30-foot bluff setback. No structural improvements are permitted in either setback. Grading is not permitted within the bluff impact zone. The existing home is nonconforming as parts of the home and driveway are located within the bluff setback and within the bluff impact zone. The average lakeshore setback is determined by the neighbor to the east and is a flat setback of 107.6 feet from the OHWL. The existing home encroaches into the average lakeshore setback on both the south and western areas of the home. The proposed home requires an average lakeshore setback variance and variances from the required bluff setbacks due to the proposed placement. The proposed home has been pulled farther away from the bluff than the current home, but still requires substantial grading within the bluff and new retaining walls within the bluff setback. The proposed driveway is located within the bluff setbacks and require variances. Due to the sensitivity of the bluff, Staff does not support the application as applied. The applicant’s choice of home design, location, and amenities lead to further encroachments within the bluff setback and bluff impact zone and are out of convenience for the chosen home design. The Council postponed this item at the February 12, 2024 City Council meeting in order to visit the site. Site visits were completed by some councilmembers the week of February 20th. 4.Analysis: Sec. 78-1211 defines a bluff as: Bluff means a topographic feature, such as a hill, cliff or embankment, having the following characteristics (An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff): AGENDA ITEM 122 (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the water body; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4)The slope must drain toward the water body. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. Bluff, toe of the , means the lower point of the lowest 50-foot segment with an average slope exceeding 18 percent. If the lowest such point is lakeward of the OHWL, the OHWL will be defined as the toe. Bluff, top of the , means that point on the cross section of a bluff below which the slope becomes more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less. Additionally, Section 78-1279 requires a 30-foot setback for any structure or building from the top of bluff. The subject property contains a bluff, which was verified and depicted by a licensed surveyor. The city requires a 30-foot setback from the top of bluff where no building or structure can be located. This includes retaining walls, driveways, etc. Minimal grading is permitted within the bluff setback, but not within the bluff impact zone. The bluff impact zone, which is defined as 20-feet from the top of bluff, prohibits buildings or structure and grading. The proposal includes grading within the bluff impact zone and new structures within the bluff setback that staff cannot support. 5.Planning Commission Vote and Comment: On January 16, 2024, the Planning Commission held a public hearing. The original proposal included a patio and a small portion of the home within the bluff setback. The Planning Commission provided feedback in support of the requested variances for average lakeshore setback and the bluff setbacks for necessary grading and the driveway. The Planning Commission was clear to state that they did not support a patio or any part of the home within the required bluff setbacks. The Planning Commission ultimately denied the application as applied by a vote of 3 to 1. The applicant has removed the patio within the bluff setback, pulled the home building footprint out of the bluff setback, and decreased the amount of grading within the bluff. However, the applicant is still proposing retaining walls and grading around the home because of the walk out basement design and lakeside path. The plan requires variances for the average lakeshore setback encroachments and encroachments into the bluff setback and bluff impact zone including the new driveway, retaining walls, grading, and lakeside path, which are highlighted in Exhibit F - Bluff Encroachments. Draft minutes from the Planning Commission are included as Exhibit C. A link to the January 16th Planning Commission packet for this item is included for your reference. 6.Public Comment: The applicant has provided letters of support from the neighbors at 4415 and 4425 North Shore Drive. The support of the neighbors was given for the original design. No other public comments have been received. 123 7.Staff Recommendation: Staff recommends denial of the application as applied due to the sensitive nature of the bluff on the site. Staff is supportive of the average lakeshore setback variance as the new house is a similar distance from the OHWL as the existing home and the impacted neighbor is in support. Staff can support the bluff setback variances required for the construction of the driveway as it provides access to the home. Staff cannot support the extensive grading within the bluff in order for the home to have a walk-out basement nor can staff support the extension of the lakeside path within the bluff. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution. Exhibits Exhibit A - Amended Narrative Exhibit B - Amended Survey Exhibit C - Amended Plans Exhibit D - Amended Hardcover Exhibit E - PC Draft Minutes 1/16/24 Exhibit F - Bluff Encroachments 124 Re: 4423 North Shore Drive, Orono, MN 55364 Eskuche Design Group Peter Eskuche, AIA 26 January 2024 Variance Application ADDENDUM City Planner, Plan Commission and honorable Mayor and City Council Members. This narrative describes the revisions made after the plan commission meeting on 1/16/2024. We appreciate your consideration for the variance and have exhausted efforts to navigate such a challenging property to most effectively address the feedback provided at the Plan Commission meeting with a reasonable proposal. The variances requested has been modified as follows: 1. Decreased the size of the entry stoop, removing it from the bluff setback entirely. 2. Decreased the size of the grill deck, removing it from the average lakeshore setback entirely. 3. Raised the entire home elevation by 18” as follows: a. Raise lower level slab 18” b. Raise Lower garage slab 6” c. Raise Main Level 12” d. Raise Garage slab 6” 4. Decreased ceiling height in lower level by 6”. 5. Decreased the size of lower level patio, removing it completely from the 30’ bluff setback. 6. Decreased the length of retaining walls at west side of home, removing them completely from the 20’ bluff setback. 7. Reduced impact to bluff setback grading to the west. The current path to the lake is an aggressive and unnatural encroachment facing the primary, south facing lakeshore. It currently turns back towards the south at only 7.5’ and 16.5’ from the south lakeshore OHW. We left the path extension as previously proposed to improve the shoreline and improve the safety of the pathway. The proposed straightening of the path heads westerly quite a distance from the lakeshore and omits the two very sharp turns and related, considerable sized retaining walls, allowing the property owner to restore the shoreline to a natural state. We appreciate your careful consideration of this application, recognizing its potential to contribute to the improvement and safety of the community. If you have any questions or require further details, please do not hesitate to contact us. Peter Eskuche Eskuche Design Group 612-296-7575 125 Council Exhibit B126 18 sq ft BLUFF IMPACT H.C.20.0'30.0'11.9' ALS ENCR.10.0' ALS ENCR.5.9 ' BLUFFENCR.12.3 ' BLU F F ENCR . 9 . 2 ' A L S EN C R . 1,074 sq ftBLUFF IMPACT H.C. 290 sq ftA.L.S. 85 sq ftA.L.S. 156 sq ft BLUFF SETBACK 1 0 . 2 ' AL S ENC R . 104 sq ftA.L.S. 39 sq ftBLUFF SETBACK 1,092 sq ft TOTAL BLUFF IMPACT H.C. 479 sq ft TOTAL AVE. LAKE. SETBACK ENCROACHMENT 195 sq ft TOTAL BLUFF SETBACK ENCROACHMENT 20' BLUFF IMPACT ZONE TOP OF BLUFF 30' BLUFF SETBACK 20' BLUFF IM PACT ZONE 30' BLUFF SETBACK TOP OF BLUFF AVE. LAKE. SETBACK AVE. LAKE. SETBACK 75' LAKE. SETBACK75' LAKE. SETBACK 0 20'40'60'80' 70 60 50 40 30 80 20 10 N W E S 1 EXISTING ENCROACHMENTS CONFORMING BUILDABLE AREA 10.42% NON-CONFORMING AREA 89.58% EXISTING STRUCTURE SUMMER SOLSTICE SUNRISE WINTER SOLSTICE SUNRISE SUMMER SOLSTICE SUNSET WINTER SOLSTICE SUNSET SHEET L1 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 127 1,092 sq ftBLUFF IMPACT H.C.20.0'30.0'2 . 0 ' A L S EN C R . 6 sq ftA.L.S. 1,092 sq ft TOTAL BLUFF IMPACT H.C. 455 sq ft TOTAL AVE. LAKE. SETBACK ENCROACHMENT 0 sq ft TOTAL BLUFF SETBACK ENCROACHMENT 20' BLUFF IMPACT ZONE TOP OF BLUFF 30' BLUFF SETBACK 20' BLUFF IM PACT ZONE 30' BLUFF SETBACK TOP OF BLUFF 6.5' ALSENCR.11.1' ALSENCR.11.8' ALSENCR.449 sq ft A.L.S. AVE. LAKE. SETBACK AVE. LAKE. SETBACK 75' LAKE. SETBACK75' LAKE. SETBACK 0 20'40'60'80' 70 60 50 40 30 80 20 10 N W E S 1 PROPOSED ENCROACHMENTS PROPOSED STRUCTURE CONFORMING BUILDABLE AREA 10.42% NON-CONFORMING AREA 89.58% SUMMER SOLSTICE SUNRISE WINTER SOLSTICE SUNRISE SUMMER SOLSTICE SUNSET WINTER SOLSTICE SUNSET SHEET L2 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 128 20.0'3.5 ' O. H .8.3'O.H.8.0 ' O. H . 963.0' 963.0' 960.0' 957.0' 962.5' 952.0' 958.0' 960' 958'958.0' 6.0 ' O. H .95.7'30.0'7.8'O.H.9.3'O.H.1 0 5 . 5 ' 962.5' 952.5' REBUILD SHED IN KIND EXISTING WALL & STEPPERS TO REMAIN NEW CONC CURB COVERED DECK NEW STEPSEXTEND EXISTING PATH REMOVE LOWER PATH AND RESTORE PATIO 963.5' PATIO 963.5' 954 958 960 956 952 952 954 954 956 958 960 956 8.5% A.C. 962 7.5% 962 20' BLUFF IMPACT ZONE TOP OF BLUFF 30' BLUFF SETBACK 20' BLUFF IM PACT ZONE 30' BLUFF SETBACK TOP OF BLUFF 96.5'101.1'EXISTING DRIVEWAY GRADE 12.5% PROPOSED M.L. SUBFLOOR = 964.0' L.L. SLAB = 953.06' GAR. SLAB = 962.5' L.L. GAR. = 952.06' AVE. LAKE. SETBACK AVE. LAKE. SETBACK 75' LAKE. SETBACK75' LAKE. SETBACK 0 20'40'60'80' 70 60 50 40 30 80 20 10 N W E S 1 PROPOSED SITE PLAN w/DEMO UNDERLAY EXISTING STRUCTURES TO BE REMOVED SHOWN AS RED SUMMER SOLSTICE SUNRISE WINTER SOLSTICE SUNRISE SUMMER SOLSTICE SUNSET WINTER SOLSTICE SUNSET SHEET L3 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 129 20.0'3.5 ' O. H .8.3'O.H.8.0 ' O. H . 963.0' 963.0' 960.0' 957.0' 962.5' 952.0' 958.0' 960' 958'958.0' 6.0 ' O. H .95.7'30.0'7.8'O.H.9.3'O.H.1 0 5 . 5 ' 962.5' 952.5' REBUILD SHED IN KIND EXISTING WALL & STEPPERS TO REMAIN NEW CONC CURB COVERED DECK NEW STEPSEXTEND EXISTING PATH REMOVE LOWER PATH AND RESTORE PATIO 963.5' PATIO 963.5' 954 958 960 956 952 952 954 954 956 958 960 956 8.5% A.C. 962 7.5% 962 20' BLUFF IMPACT ZONE TOP OF BLUFF 30' BLUFF SETBACK 20' BLUFF IM PACT ZONE 30' BLUFF SETBACK TOP OF BLUFF 96.5'101.1'PROPOSED M.L. SUBFLOOR = 964.0' L.L. SLAB = 953.06' GAR. SLAB = 962.5' L.L. GAR. = 952.06' AVE. LAKE. SETBACK AVE. LAKE. SETBACK 75' LAKE. SETBACK75' LAKE. SETBACK 0 20'40'60'80' 70 60 50 40 30 80 20 10 N W E S 1 PROPOSED SITE PLAN SUMMER SOLSTICE SUNRISE WINTER SOLSTICE SUNRISE SUMMER SOLSTICE SUNSET WINTER SOLSTICE SUNSET SHEET L4 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 130 UP 20R DN 12" 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' 1 LOWER LEVEL FLOOR PLAN SHEET A1 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 131 UP 20R DN 18R DN 6" DN 18" DN 6" DN 6" DN 6" DN 6" 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' 1 MAIN LEVEL FLOOR PLAN SHEET A2 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 132 DN 20R 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 8'-7⅛" APPROX. SF = 1,562 FINISHED UPPER LEVEL FLOOR PLAN 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' 1 UPPER LEVEL FLOOR PLAN CLIENTSHEET A3 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 133 L.L. SLAB 953.1' -10'-11 1/4" M.L. SUBFLOOR 964.0' ±0" U.L. SUBFLOOR +11'-11 7/8" U.L. CEILING +20'-7" L.L. SLAB 953.1' -10'-11 1/4" M.L. SUBFLOOR 964.0' ±0" U.L. SUBFLOOR +11'-11 7/8" U.L. CEILING +20'-7"28'-1" BUILDING HEIGHT<30'-0" MAX.10'-0"13'-7 3/4"LOWEST PROPOSED GRADE 952.1' REFERENCE LINE HIGHEST EXISTING GRADE 965.0' ROOF DEFINED (TOP OF CORNICE) 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' 2 WEST ELEVATION 1 NORTH ELEVATION SHEET A4 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 134 L.L. SLAB 953.1' -10'-11 1/4" M.L. SUBFLOOR 964.0' ±0" U.L. SUBFLOOR +11'-11 7/8" U.L. CEILING +20'-7" METAL VERTICAL LOUVER SCREEN L.L. SLAB 953.1' -10'-11 1/4" M.L. SUBFLOOR 964.0' ±0" U.L. SUBFLOOR +11'-11 7/8" U.L. CEILING +20'-7"15'-10 3/8"12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' 2 EAST ELEVATION 1 SOUTH ELEVATION SHEET A5 VARIANCE 26 JAN 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2023 SAGA HILL RESIDENCE 4423 N. SHORE DR. ORONO, MN 55364 952-476-2679 18352 Minnetonka Blvd Deephaven, MN 55391 135 Date:Tier 1Tier 2Tier 3Tier 4Tier 5S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.S.F.City of OronoHardcover Calculation WorksheetProperty Address: 4423 North Shore DrivePrepared By: Sathre-Bergquist 12/11/2023In the following table, identify all items of Proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict Proposed hardcover status of the property. For Tier 1 properties, Identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion.Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet)SB Job Number: 19295-022 Prepared by: BRVStormwater Quality Overlay District Tier: (Circle One)Step 1: Proposed HARDCOVERB Stoop272C Shed (in setback)48(Example) (Garage) (24' x 30') (720 S.F.)A New House & Garage3,939F Pavers (in setback)9G Existing Retaining Wall44D Screen Porch274E Back Patio578J New Retaining Wall200K Existing Pavers42H Retaining Wall (in setback)190I Proposed Driveway/Sidewalk2142N Proposed Side Driveway864O Proposed New Conc. Curb112L Proposed Grill Deck77M Proposed Side Patio75RSPQVWTUZ(1) Total Proposed Hardcover8866XYExcludable Hardcover (See City Code Sec 78-1684):JNew Retaining Wall41GExisting Retaining Wall59(2) Total Excludable Hardcover100%This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contrained herein; however, if any information is not consistent with City Code, the Code provisions will prevail.(3) Net Proposed Hardcover [Subtract line (2) from line (1)]8,766.00(4) Total Lot Area65,801Proposed Hardcover Percentage [(3)+(4)]13.32%Council Exhibit D136 Minutes Planning Commission Regular Meeting Tuesday, January 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 4 Erickson moved, Libby seconded, to table LA23-000062, 3838 Cherry Avenue After-the-Fact Conditional Use Permit pending further review meeting the conditions outlined in the staff report. VOTE: Ayes: 4, Nays 0. 4.2 LA23-000064, Brent Walton, 2405 Dunwoody Ave, Hardcover Variance The Planning Commission is requested to review the Staff report, receive a presentation, and discuss the variance request. Staff recommended approval as the design replaces existing driveway hardcover with structural hardcover and actually reduces hardcover on the property. The Planning Commission discussed the item and asked questions of staff and the contractor, Tonka Bay Development, representing the applicant who was not present. Chair Bollis opened the public hearing at 6:30 p.m. The were no public comments. Chair Bollis closed the public hearing at 6:30 p.m. Commissioners briefly discussed the item calling it pretty straightforward. McCutcheon moved, Bollis seconded, to approve LA23-000064, 2405 Dunwoody Ave., Hardcover Variance as applied. VOTE: Ayes: 4, Nays 0. 4.3 LA23-000065, Eskuche Design, 4423 North Shore Drive, Variances. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and deny the application for variances, noting staff agrees the building envelope is small but believes the design and location of the new house and other improvements could be modified to avoid encroaching on the bluff. The Planning Commission discussed the item and asked questions of staff and the applicant, Kenneth Schmeling, 5515 Minneapolis Ave., who is proposing to build a new home on the approximate site of the existing home at the Dunwoody Ave. lot. Peter Eskuche of Eskuche Design also gave comments and answered questions. Chair Bollis opened the public hearing at 7:07 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:07 p.m. Commissioners discussed the request and said that the uniqueness of the site contributes to the practical difficulty there and noted the applicant seems to have worked hard to meet the setback and other requirements and seemed to be making the plan less impactful on the bluff than what is there today. Discussion centered on the new patio and retaining wall and its proximity to the bluff. Commissioners 137 Minutes Planning Commission Regular Meeting Tuesday, January 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 4 supported the redesign of the driveway and the existing structures in the bluff but not new encroachment in the bluff. Bollis moved, Libby seconded, to deny LA23-000065, 4423 North Shore Drive, Variances as applied but noted that there is support for the driveway changes, the house and the existing bluff encroachments. VOTE: Ayes: 3, Nays 1 (Erickson). 4.4 LA23-000066, Hendel Homes, 2605 Mapleridge Lane, Variance The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the application as applied. The Planning Commission discussed the item and asked questions of staff and the applicant, Rick Hendel of Hendel Homes. Chair Bollis opened the public hearing at 7:24 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:24 p.m. Commissioners agreed with the staff recommendation, calling it a minimal increase that does not change the location of the house. McCutcheon moved, Erickson seconded, to approve LA23-000066, 2605 Mapleridge Lane, Variance as applied. VOTE: Ayes: 4, Nays 0. 4.5 LA23-000068, Murphy & Co. Design o/b/o 3400 Fox Street Trust, 3400 Fox Street, Average Lakeshore Setback Variances The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the application for variances. Staff said the applicant had made a small change to the garage orientation and plans should be amended prior to City Council consideration. The Planning Commission discussed the item and asked questions of staff and the applicant, TJ Majdecki of Murphy & Co Design. Chair Bollis opened the public hearing at 7:31 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:31 p.m. Commissioners concurred with the staff recommendation. 138 I I I I I I I I I I "\ I \ I \/ \ \ i I �✓ I / i /"---< "" FIELD CREW HO, BY DATE OMAK 1 EMW 10r'1312021 DRAWN EMW 10r'1412021 JPR EMW 10r'1Bl2021 CHECKED EM\V 10r'1Bl2021 OLS EMW 1n-'1Bl2021 DATE EP,IW 11Y.20f2021 5111121 BRV 112512024 I I I I I I I I I I REVISION HARDCOVER PROPOSED CONDITIONS ADDEO PROPOSED ELEVATIONS ADDEO HARDCOVER ADDEO BLUFF IMPACT ZONE REVISED GRADING Pt.AN REVISED PROPOSED CONOITIOl�S I I USE (INCLUDING COPYING, DISTRIBUTION, ANO'OR CONVEYANCE OF INFORIIATION) OF THIS PRODUCT IS STRICT1. Y PROHIBITED WITHOUT SATHRE•BERGOUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITI/lATE USE AND SHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. SATHRE·BERGQUIST, INC. RESERVES Tl-IE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FORDM�GES OR LOSSES RE SUL TING FROM ILLEGITIMATE USE. I I hereby ccr1ify that lhis sun-cy, pl.in or n:port w:is prepared by me or under my dirttt supef\ision and th:it I am:,, duly Licensed l11nd Suf\·cyor under the laws of the State of Minnesota. Dated this 21st d.1y ofM.1y, 2021. Daniel L. Schmidt, PLS schmidt@s.ithrc.com Minnesota License No. 26147 ------------ C, 0 V 961.J r I I I I I I I ', f.::, ';,,� I I I I I I trno IP v•·9S0.9 () ---- ,< ' - -, I I I I I I I I I I I I I I --=-,I I I I I I I I I I I I I I DESCRIPTIO:'i OF PROPERTI' SURVEYED Thlt i»-n ofGo,·cmmmt l<>1 J, Scc1ion 7, Township 1 17, Nonh R.1nge 23, West of the 5th PriociJ»I Meridbn desrnl>cd :u follows: Commencing at an iron pvst on the shore of Lake Minnttonkl 26 f«t Westerly of the in1erse-c1ion of the Eut line ofuid lot 3 \rith 1he 1� ofuil:c Mi�onh: thence in • 11tr.aight line Nonhtuterly 10 a point in the Wen line nflot 1, nlock 18, SJga Hill ReviRd. Hennepin Co., Minn., which is IOU rec1.Soo1h ofthc Nonhwc.5tcomerofs.iid lo! I; thence North J\oog the Wt line ofuid Lot J, SC'(tion 7, to the right ofv1ay of c;i.iu\ d«dcd to S,g1 II ill Assocbrion; thmcc Soothwt<Jmly along the Easterly line ofsitd right ofw.1y 438 f«t to slid Lale Minnctonb to a point ,·.-hkh i5 350 feet more or kss Wcmrly of t he point ofbcginning; tOOX"e E�ti:rly aloog the 5borc ofuid Lal:e Minnetonka to the point of beginning, :1ccording to tM United States Go,·muncnt S11n·cy ther«if, Jknncpin Count)', MinncSOl.a.. Together ,,ith an ca.semen\ for tight-or • .,,'a)' for drh·eway e.:isemcnt rurposcs over a strip orlJnd in Lots I and 2. mock 18, Sag.a llill R1nised, lltnnepin Counl)', Minn., aod in 1b1tportionof the tr.ict ofland l)ingMtw«n the Nonhlincof ukl Lots I and 2aod thecffl!etline ofCountyRwd No.13S(oowl.:nownuCountyRoodNo. 19 »id �trip ufbnd b(ing 12 fr<t in \\ldth and b(ing �b (6) fret on each side of the follu...,ingdcso.·-ribromi1er linc, tu-...,it; Bcginnin1;t at a point in th¢ Wc;t line of lot I in uid Block distant 91.6 feet South of the Northwest comer ofuid lot I, 1bem-e North 211 dcgr«s IS minutes fast, m.ll:.inga NortM.1S1 angle of211 degrees IS minutes whh the Wrn line ofuid Loi I, adin:mce of 38.8 feet; thence North 38 dcgrccs46 minutes Ean. 73.83 feet, more or leu.10 a point in the Nonh line ofsa.kl lot I, uid point being 64.4 r«t East of1he Northwest comer of said Lot; thence continuing North 38 dci;rccs .!6 minutes East 70.1 feet. more or leu, to a point in tt,e ccnm line of afon-uid County R�d No. 19 and there termill.lting. 1be fint abo,·e dcmibcd counc ofuid crnter line deJt"tiption sh.111 be c,;tcndcd South 29 degrees 16 minutes We.st rrum the point or beginning a sufficient distance so thu the .ride lines oruid 12 f00t strip nill intmc-ct the Wen lint ofuid lot I in Block 18. STANDARDl\"OTF.S I) Sile ,\ddrtts; 4423 Nonh Shore l)rfrc, Orooo, Minnts-ot1 S5364 19)A title opinion w,1s not fumi5hcd to th<: sun·cyor 1u p1rt of this sun·c)". Only uJcm..--nts p._,-the recorded pbt arc shol'>TI uni= 01l-,cr.,,is.;, drno!cd hc-rcon. 20) flood Zone Information: X (are.1 determined 10 be oonidc of the 0.2�� :mnul ch1nce floodpbin) and Z0nt ,\E (,\re.u subj«t 10 inuod1rion by the J-pcn:ent•.1nnuli-<h.lm-c flood event detem1ined by dcu.iled methods. Uuc Flood Ele,--ations {BFEs) are 1ho-..11. Mand.:itory flood inruroocc purduJ.C rrquittments and floodplain mlugemcnt suodards apply.) pa Flood Iruur.ince Rate :-bp, Comn11mir.y Panel No. 270SJC0284F,cffcctfrcd.1tc of! l,'0-42016. 21 ) Parcel ,\rca lnfonnatlon; GrouAre.1: 65,801 s.f. -1.51 acres (areu to Ordinary High Water line should be llbekd anJ shook! h.l,·c a=) •we&, r.OI 1ffirrr . .ihcl,-;.,,.,.c 11,c q'-'111!fl, o("'1T�GC !Cl r......i. in L�dcsaipriol"I 22) 8tnchm1rk: Elcntions arc b.ucd on MN.IOOT Gcodctk St.1tion Name: SAMS which h:u an ekv;irion of; 9.l).25 fret (NA VD!i8). 23) Zonlni:: Information; The curm1t Zoning for the JUbjc-ct property is LR·IU (One family Lal,:e� Resid..--nri1] • I Ai;;n:) pa the City of Orooo'szoningmJp dated I 1nt20l 8. The setbxk. height, and floor sp1ec area restrlctM)ru for uid zoning design11ion are :u follows: Princi@I Structure Sctbxks • S1rcct(s); JS feet (Nonh S� Drh-c) Side channcl:3Sfrct Sidc:IOfe,.-t RcJ.r:30fcet LaJ;e:AvcrageL.il,:eShorcSctbJcl,: llcigh1:30rcct llardcover:2Spcn:cntoflotarc,1 Acce»oryStructurc:SctbJ.cb. Front:17.Sf<Ct Sidc;!Of�t RCJ.r: Awr.ige Lale Shore Sctb.-tcl,: PICJ.SC note Iha! lf-,e zoning infonnJtion sho1rn hn«in miy hll"C be-en amended through a city process. We re-commend thJl a zoning lcner be obuincd from the Zoning Administrator for the cumnt restrictions for this site. All sctb.icl.: infi>nn.1tion and hlrdcovcr d.1t:1 for p\Jnning Jod design mun be ,·crificd by all plrties in1·olvcd in the design :md pllnning process. We h.1ve no! rccci•·cJ the current zoning d.1�ification and buikling set bx I,: r,:quircrumts from thc ill5Vrer. 2-l) Utilitlf'S: We hnc shol\11 the loc.11ion of milities on 1he ron·eyed property by obserYed c,idcnce only. There m:iy be underground utili1ics encumbering 1t:c subject property we al"( un:r.WJI"(. Please note th.J.t we h.ivc not plxcd a Gopher Stile One Call for this sur,·ey. There m:iyor m1yootbe undag:roond utilities in the marpcd area:. therefore e.urcmc c.1ution must be enrcise before :my uc:r.,'ation t.1J.esj11lceon or ne:r.rthis site. Aho, plc�note that se=l conditioo.i; mly inhibit oor ability to ,isibty obm·ye all the utilities loc.ited on the JUbject property. Dcfon-dij!gin1, you an required by bw to notify Gopher State One Call at le.ut48 houn in :id11nce at 6511-45-t-0002. Proposed Elc\'ations Propol(\"!G1n1i:efloorEk1�tio11 Proposcdrinl FloorEle1·1tion Proposed Top off oun.datioa El�'l.lion Propos.:JBl1effi<'ntE1e,--alion •962.S •96-l.O •96).6 •953.1 j N 0 s C A L E @ CAST IRON t.lONlJMENT (D 0 IRON P,PE MONLMENT SET 'U. e lROtl P,PE ),IONl,I.IEtH FOWD < )( DRILL HOLE FOU�O � X CHISELED "X" MONUMENT SET fill X CHISELED •x• MONUMENT FOUND @ ;k: REBAR l,\OtlUMENT FOltW ◊ {"!,. PK NAIL I.IONL!MENT SET @ .& PK NAIL t.1014UMENT FOLK'lD @ @ PK NAIL W/ ALU'IINUM DISC 0 8.SURVEY COIHROL POINT <l [!) A/C UNIT ,, '. � �t:�;Rl�V ����:���ER * _ (P ELECTRIC MANHOLE ¢.) ELECTRIC METER © [D ELECTRIC OUTLET [!] 0 YARD LIGHT @ 0 LIGHT POLE {Q] (i) FlBER OPTIC ,YANHOLE Iii � ��RJG D;�E HOOK lR � V I C I N I T y M A p 30 15 15 30 w SCALE IN FEET t Bearings are based on the Hennepin Coonty Coordinate System (NAD 83 • 1986 adj.) SURVEY LEGEND PIEZOMETER POWER POLE GUY WIRE ROOF ORA!rj LIFT STATION SANITARY MANHOLE SAUITARY CLEAHOUT STO�M 1,1.ANHOLE STORM DRAIN CATCH BASltl FLARED mo SECTION TREE CONIFEROUS TREE DECIDUOUS WOE WALKOUT ELEVATION FF£ FIRST FLOOR ELEVATION GFE GARAGE FLOOR ELEVATIQ.'l TOf TOP OF' FOUNDATIO/l ELEV. LOE LOWEST OPENl!lG ELEV. 1:::::::::::':, ,�j ���171��5 -------BULD!NG SETBACK LHlE --m--CABLE TV CONCRETE CURB .- -S6o _ -CONTOUR EXISTING � COIHOUR PROPOSED GUARD RAIL TREE COUIFEROVS REMOVED --o, --DRAJtl TILE TREE DECIDUOUS REI.IOVED --nc--ELECTRIC UNOERGROWD TELEPHOi'IE MANHOLE TELEPHONE PEDESTAL UTILITY MAI/HOLE UTILITY PEDEST.AL UTILITY VAl,lT WATERMA!tl MANHOLE WATER METER -)(-)(-__ ,, __ --CAS----c.u--� -->----»-- FENCE FIBER OPTIC lRIDERGROUND GAS lRIDERGROUND OVERHEAD UTILITY TREE LlflE SANITARY SEWER STORM SEWER 60 I I I I!!] FUEL PUMP t:O> [!!) FUEL TANK @ §) PROPANE TANK � 0)GAS METER {I) [8J GAS VALVE t><l © GAS MANHOLE t/ � GENERATOR lEl WATER SPIGOT WELL MOWTORING WELL C�B STOP GATE VALVE HYDRANT IRRIGAT!Otl VALVE --m-- --U'l-- --1-- 111111111 TELEPHO�E urmERGROL:NO RET NI/ING WALL UTILITY Lr./OERGROU�D WATERt.lAIN TRAFFIC SIGNAL RAILROAD TRACKS RAILROAD SIG1U•L RAILROAD SWITCH SATELLITE DISH SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN, 55391 (952) 476-6000 WWW.SATHRE,COM TWP:117-RGE,23-SEC.07 Hennepin County ORONO, MINNESOTA EB GUARD POST � !El HAND HOLE 0 I.IA!L BOX � POST INDICATOR VALVE SIGN SO!L BORltlG .,.,. 0---G 0 CERTIFICATE OF SURVEY PROPOSED CONDITIONS PREPARED FOR: DENALI CUSTOM HOMES WETLAHD BUFFER SIGN FILE NO, 19295-022 1 1 - Top of Bluff - Bluff Impact Zone 20' - Bluff Setback 30' - Bluff Setback 30' - Bluff Impact Zone 20' - Top of Bluff Highlighted areas - improvements and grading within the bluff, bluff impact zone, and bluff setback Current Proposal 139 - Top of Bluff- Bluff Impact Zone 20'- Bluff Setback 30'- Top of Bluff- Bluff Impact Zone 20'- Bluff Setback 30'Highlighted areas - improvements and grading within the bluff, bluff impact zone, and bluff setbackPrevious Proposal140 Item No.: 9 Date: February 26, 2024 Presenter: Laura Oakden Presenter: Community Development Director Section:Community Development Report Title: LA23-000067, Lakewest LLC, 3245 Wayzata Blvd, Concept Plan 1.Purpose: Review the proposed concept plan for a 156 unit condo development and provide nonbinding feedback to the applicant for preparation of a formal preliminary plat application. 2.Background: The applicant is proposing to develop the 30.5 acre property at 3245 Wayzata Blvd W (currently two parcels) into a master planned condominium-type development. This area is identified as having split land use density guidance within the Comprehensive Plan for Urban High density (20- 25 units/acre) on the south and Urban Low density (3-8 units/acre) on the north side. The property is currently zoned RR-1B (2 acres) which is inconsistent with our comprehensive plan guidance for the property which has the highest density guidance in the City. The property is located within the MUSA and is anticipated to be served by city water and sewer. There are large areas of wetlands, floodplain, and contaminated soil (from an old landfill) on the site. The property has been the subject of several development proposals over the past 7 years, including a twin home development, an apartment complex, and townhome development. All previous approvals have expired. A. Proposal. The proposed plan shows seven separate buildings ranging from 18- 24 units per building in a multifamily condo-style development totalling156 units. The developer is proposing a two-phased approach. The first phase will include five buildings with a total of 108 units; and the second phase (south) will include two buildings with 48 additional units. Each building is proposed to have underground parking and the overall the development will provide additional surface parking spaces. The buildings are arranged around open space and a proposed community amenity which will include a pool, clubhouse, and play area. B. Landfill Cleanup. The developer is working with the MPCA to address the landfill cleanup. The developer notes that it is a high priority to address the environmental cleanup on the site. They are proposing to remove the contaminated materials from the water table and wetland. The contaminated material will be kept on site in the area shown as berm, and properly capped on the south side of the property. Access to the property will be provided by a single drive off of Wayzata Boulevard. This access will need to be approved by Hennepin County. 3.Analysis: Following the January 16, 2024 Planning Commission meeting staff has conducted further analysis with the Met Council regarding the proposed density. As proposed there are approximately 7.75 acres of developable land (subtracting wetland, MPCA berm, and buffers). The 156 proposed units results in a density of 20.1 units per acre for the site. This density level falls into the Urban High Density Residential land use category (20-25 units/acre). The land is currently split into two land use densities (Urban High and Urban Low). Based on the plan and the AGENDA ITEM 141 MCPA guidelines for managing the landfill, the area identified as High density on the south would take a considerable investment to remediation to allow for development. Because of this, the plan is proposing majority of the development on the north side of the parcel. This area is currently guided Urban Low density (3-8 units/acre). A Comprehensive Plan Amendment is required to re- guide the 5 acres that are currently classified as Urban Low to Urban High. Additional information from the applicant regarding the wetland, floodplain and MPCA requirements must be submitted with a formal Preliminary Plat/ Comp Plan Amendment application to complete a formal analysis of the density calculations for the site. Any impacts to wetland and floodplain may trigger the need for additional approvals and/or mitigation. Based on the submitted information staff believes the proposed density will conform to the city's overall density requirement of 3.0 units per acre. A Comprehensive Plan Amendment is required to change the Urban Low land use guidance to Urban High to support the proposed development. The project is anticipated to be rezoned and developed as a Residential Planned Unit Development (“RPUD”) to support a development that matches the Comprehensive Plan guidance. Rezoning the property to a RPUD district supports proposed densities and will provide the Council with the flexibility to deviate from the standards outlined such as allowing a 35 foot front setback where a 50' setback is standard. The council should review the proposal and consider their willingness to rezone the property to RPUD to allow for flexible zoning. 4.Planning Commission Vote and Comment: The Planning Commission reviewed the application at the January 16th, 2024 meeting (minutes linked). The commission was supportive of the single-family one-level-living-style condos to support life-cycle housing and the proposed residential look of the buildings. There was discussion regarding coordination with other agencies including MPCA to address the contaminated soil, Hennepin County for access, and Met Council to address any density requirements. The Commission had positive feedback for the proposed project. 5.Staff Recommendation: I recommend Council review the proposed concept plan for a 154 unit condo development and provide nonbinding feedback to the applicant for preparation of a formal preliminary plat application. The Council should discuss the followings: 1. A Comprehensive Plan Amendment. Comprehensive Plan Amendment would be required to change the Urban Low land use guidance to Urban High to support the proposed development. Does the council find the change appropriate? 2. Rezoning to RPUD- The council should review the proposal and consider their willingness to rezone the property to allow some flexible zoning. 3. Landfill- This is a unique development being proposed on a site with contaminated soil. Are there concerns or specific questions the applicant should address regarding the management of the landfill as part of a formal development application? 4. Design- The applicant has proposed a residential style architecture for 7 condo buildings. Is the design appropriate and in character with the area? COUNCIL ACTION REQUESTED Review the proposed concept plan and provide feedback to the applicant. Exhibits Exhibit A. Eisinger Meadows Concept Plan 1.16.24 142 Exhibit B. Eisinger Meadows Narrative Exhibit C. Additional Maps.pdf 143 ( IN FEET )GRAPHIC SCALE01 inch = 60 ft.6012060CONCEPT DATA#WAYZATA BLVDUS HIGHWAY 12WETLAND BOUNDARYAVERAGED WETLAND BUFFER (delineation by others)200’ LANDSCAPING BERM SETBACKPondRaingardenRaingardenPondPROPERTY LINE35’Tennis courtPickleballcourtsPresumed ZoningGross Site AreaProposed Residential Buildable AreaUsable Setback Buer Area Allowable uses for buer: Non-residen-tial uses, community amenities, play area, recreation areaProposed TownhomesDensityAdjusted Net Density (156 un/7.75 ac)Net Density (156 un/10.14 ac)Net Density (156 un/13.36 ac)Net Density (156 un/30.5 ac) Open Flex Space UsesSpecial events, weddings, family reunions, concerts24-unit BuildingFootprint: 12,500 sq.ft.3 stories18-unit BuildingFootprint: 9,600 sq.ft.3 storiesRPUD~ 30.5 ac337,682 sq.ft. = 7.75 ac104,315 sq.ft. = 2.39 ac 156 units20.12 units/acre15.38 units/acre11.68 units/acre5.11 units/acre Residential Buildable Area onlyResidential Buildable Area + Landscaping Berm Setback AreaResidential Buildable Area + Landscaping Berm Setback Area + Landscaping BermLANDSCAPING BERM40’ height3:1 slopeGross Site Area24’ private roadEntry medianCommunity gardenFenced-in dog parkOpen ex spaceSeating carved into berm10’ property line setbackPool, repit and grill area46.6 ft 34 ft46.6 ft34 ft~200’ right turn lane144 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | (952) 930-3000 1 December 13, 2023 Re: Narrative for Condo Flats Concept Review Application for 3245 Wayzata Blvd W – will be known as “Eisinger Meadows” Brief Overview The Eisinger Meadows development will revitalize a 30.5-acre plot of land into a collection of seven townhome flat buildings designed for one-level living, with each building containing 18 to 24 units. This redevelopment project, located along Wayzata Boulevard and surrounded by picturesque wetlands, aims to fulfill the city's vision of providing more density to the site and offering diverse housing options for the aging population. The site, containing a buildable area of 10.14 acres, will be initially built at a density of 15.38 units per acre. The townhome flat buildings will be arranged at the north end of the property closest to Wayzata Boulevard, while the southern end of the site will contain a recreational area, hosting a variety of amenities including tennis courts, pickleball courts, a community garden, an indoor gym, and open space. The development is located within a mile from community amenities. These townhome flats, catered towards empty-nesters and seniors, will provide a higher-end product that accommodates the needs of the aging population’s demand for single-level living, and focuses on accessibility, privacy, connection with nature, and outdoor communal areas to establish a community that matches their lifestyles. Housing The Eisinger Meadows development aims to provide a product type that enhances the supply of life cycle housing to the City of Orono. This single-level townhome flat style will enhance the overall variety of housing choices in the city for people of different ages, abilities, and lifestyles . The development will also fulfill the density needs of the City of Orono, which at 15.38 units/acre falls within the density range of the site’s proposed land use in the 2040 Comprehensive Plan. The site is identified as an Urban Area in the 2040 Comprehensive Plan and is within the future 2040 Metropolitan Urban Service Area for sewer service. The city’s 2040 Comprehensive Plan also indicates that the site is designated with two future land use c lasses: The north portion of the site is Urban Low Density Residential (3 - 8 units/acre), while the south portion of the site is Urban High Density Residential (20 - 25 units/acre). We are proposing to build at a density that blends these two classifications, using the Urban Medium High Density classification of 15-20 units/acre with a proposed density at the lower end of that range at 15.38 units/acre. 145 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | (952) 930-3000 2 The City of Orono’s Community Management Plan for 2020 -2040 identifies some key elements of its housing that need to be addressed. The city’s population is forecasted to increase by approximately 2,000 persons in the next 20 years, which translates into a housing demand of 800 new dwelling units (Table 1). Based on the City of Orono’s Land Use Plan, approximately two-thirds of these new units are expected to develop in the urban area. The plan also indicates that new housing alternatives are anticipated to occur within the existing urban area as well as in specified urban area expansions detailed in the Land Use Plan. Table 1 The Eisinger Meadows site is identified as an Emerging Suburban Edge in the City of Orono’s Community Management Plan for 2020-2040. As an Emerging Suburban Edge, the local government’s role is to: 1. Plan and stage development for forecasted growth through 2040 and beyond at overall average net densities of at least 3-5 dwelling units per acre in the community. Target higher-intensity developments in areas with better access to regional sewer and transportation infrastructure, connections to local commercial activity centers, transit facilities, and recreational amenities. 2. Identify and protect an adequate supply of land to support growth for future development beyond 2040, with regard to agricultural viability and natural and historic resources preservation. 146 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | (952) 930-3000 3 3. Incorporate best management practices for stormwater management and natural resources conservation and restoration in planning processes. 4. Plan for local infrastructure needs including those needed to support future growth. There is also a growing need within the City of Orono to provide a broader range of housing choices for empty-nesters and seniors whose lifestyles better match the amenities of attached or multi-family housing. Orono’s aging population is retiring and on f ixed incomes, creating a need for alternative senior housing accommodations. According to the 2000 U.S. Census and Hennepin County Records, approximately 56% of the housing stock is more than 50 years old (Table 2), which raises some concerns about its continued functionality if maintenance is deferred. Table 2 Our intention with this development is to address the City’s concerns for providing a necessary supply of housing for an ageing population while also undertaking vital environmental clean -up and restoration of the site. 147 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | (952) 930-3000 4 Design These townhome flats are thoughtfully designed in the architectural style of a contemporary European building, while being derived from the classic Tudor style with simplified stylistic elements including a stone base, gabled roof and stucco exterior walls . This synthesis of classical aesthetics and modern sensibilities creates a unique design that is very residential in character. Careful consideration was given to the height of these townhome flats, which at 3 0 feet is consistent with residential zoning requirements, designed to appear as a single-family home from the roadway. Gabled roofs with dormers and chimneys will allow the townhome flats to not appear tall or imposing, and will further promote the residential vernacular of their design. The unit layouts are designed in the style of one -level single-family homes, in order to cater to an older demographic. The building is designed to appear as a townhome -style condo building, with each unit having a shared private entrance. However, the bui lding does not have a common corridor as found in typical condo buildings, maintaining a sense of privacy for residents. Each building will feature a below grade parking garage to preserve green and open space. Shared guest parking stalls will be located throughout the development, including alongside the private drive, and in the cul-de-sac to the south by the recreation area. 148 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | (952) 930-3000 5 Amenities Eisinger Meadows will feature a variety of resident amenities, starting with a pool, grill area/outdoor kitchen and fire pit. At the south end of the development, between the townhome flats and the landscaping berm, a large multi -purpose recreation area wi ll feature tennis courts, pickleball courts, a community garden, a fenced -in dog area, an indoor gymnasium, and an open flex space. A seating area will be carved into the berm facing this flex space, allowing it to function as a stage or performance area. Wetland Protection/Waste Clean -Up A high priority when developing this property will be to undertake a necessary environmental clean-up. The westerly portion of the site, approximately 12 acres, was operated as a sanitary landfill from approximately 1958 through 1972, with additional road construction demolition fill placed on the property up to about 1993. The dumped material, which was capped with soil and was leveled to an even grade , created a small peninsula that extends south from Wayzata Boulevard and into the wetland. Currently, there are a variety of materials along the slope of the landfill, which include concrete debris, asphalt/bituminous debris, metal, wood, and other miscellaneous trash. A series of soil excavations and tests were conducted in 2014, 2016, and 2023 to determine the extent of the debris buried on site. We have determined that the northern portion of the lot is relatively uncontaminated, but larger amounts of debris can be found further south along the peninsula which will need to be removed and relocated. Tests were also conducted to determine if any contaminants including polychlorinated biphenyls (PCBs) or asbestos were present in the soil, but none were detected. Through a phased construction process, we will undertake an administrative lot line adjustment to isolate the first phase of the development, which we’ve identified as the five buildings laid out in a row at the north end of the property (108 units). The second phase of the project will consist of the rest of the development to the south of the first phase, which includes two 24-unit buildings and the open recreation space. As the environmental clean-up and restoration efforts proceed, we will grade the entire site and move the soil, waste and contaminated soil out of the water table and towards the south end of the property. We will condense the waste and debris into a landscaping berm which we will cap with unpolluted material to prevent seepage into the wetland area. A 200 -foot setback from this berm to any residential structure will be maintained. This buffer area, about 2.4 acres in size, 149 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | (952) 930-3000 6 will contain a recreational area with amenities including tennis courts, pickleball courts, a community garden, a dog park, and a multi -use space for recreational activities. The landscaping berm will serve multiple purposes. In the first place, it will allow for the consolidation and stabilization of any solid construction waste found in the area, removing the need to haul this debris off-site. It will also act as a natural landscaping buffer separating the townhome flats from Highway 12. Furthermore, the landscaping berm will feature a labyrinth - style walkway spiraling up to a small viewing platform at the top with benches, creating a unique shared community space. Additionally, seating will be carved within the north slope of the berm and will be facing the multi-purpose open flex space which has the capacity to host small-scale concerts or community events. The wetland surrounding the proposed development site is currently classified as a Preserve. A recent site visit and MnRAM analysis resulted in a Manage 1 classification for the surrounding wetlands. This is currently under formal review Minnehaha Creek Watershed District. In addition, a formal review of the wetland boundary was conducted and showed little to no change in our previous delineation which was approved in 2016. Another site visit and review of the wetland boundary will be necessary in spring 2024 to confirm that this delineation was accurate. Non-Conforming Features • Comprehensive plan amendment: The site currently holds two classifications on the 2040 Comprehensive Plan’s Future Land Use map. The northernmost portion of the site is assigned Urban Low Density Residential (3-8 units/acre), while the southernmost portion of the site is assigned Urban High Density Residential (20-25 units/acre). Our proposed development will contain a density of 15.38 units/acre which falls between these two classifications and is more similar to the lower end of the Urban Medium High Density classification range (15-20 units/acre). 150 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | (952) 930-3000 7 • Zoning map amendment: The site is currently zoned RR-1B - One Family Rural Residential (2 acres). We would like to rezone the site to RPUD - Residential Planned Unit Development to be consistent with the Comprehensive Plan’s recently approved density for this site. • Front yard setback variance: We will be seeking a variance for reducing the front yard setback from 50’ to 35’ from the property line. As this is a residential planned unit development, we would like to request the city’s flexibility in the required front yard setback based on circumstances that are unique to this site. The development is separated from Wayzata Boulevard by a landscaping berm and dense foliage, which will provide a natural buffer for the development. Furthermore, this reduction in the front yard setback will allow us to not need to encroach upon the wetlands further south from the proposed buildings. Conclusion With this development, we aim to provide an attractive housing product to the City of Orono that offers environmental remediation to this site. We believe that, after years of study, this is the best possible approach to environmental remediation and development for this site. The multi- family townhome flats will provide a much-needed supply of housing to the City of Orono and will be marketed towards empty-nesters and seniors whose lifestyles match the amenity offerings and lifestyles offered by this product. 151 Lake West Development | 14525 Highway 7, Suite 265, Minnetonka, MN 55345 | (952) 930-3000 8 Sincerely, Curt Fretham Chief Manager, Lake West Development Office: (952) 930-3000 Cell: (612) 720-5690 Email: CurtF@LWestDev.com Cc: Laura Oakden Melanie Curtis 152 153 ( IN FEET )GRAPHIC SCALE01 inch = 60 ft.6012060CONCEPT DATA#WAYZATA BLVDUS HIGHWAY 12WETLAND BOUNDARYWETLAND BUFFER (delineation by others)10’ WETLAND BUILDING SETBACK200’ LANDSCAPING BERM SETBACKFootprint: 9,600 sq.ft.18 units 3 storiesPondRaingardenRaingardenPond40’WAYZATA BLVD R.O.W.PROPERTY LINE50’61’Footprint: 12,500 sq.ft.24 units 3 storiesFootprint: 12,500 sq.ft.24 units 3 storiesFootprint: 12,500 sq.ft.24 units 3 storiesFootprint: 9,600 sq.ft.18 units 3 storiesFootprint: 9,600 sq.ft.18 units3 storiesTennis courtPickleballcourtsPresumed ZoningGross Site AreaProposed Residential Buildable AreaUsable Setback Buer Area Allowable uses for buer: Non-residen-tial uses, community amenities, play area, recreation areaProposed TownhomesDensityAdjusted Net Density (144 un/6.3 ac)Net Density (144 un/8.23 ac)Net Density (144 un/11.24 ac)Net Density (144 un/30.5 ac) Open Flex Space UsesSpecial events, weddings, family reunions, concerts.RPUD~ 30.5 ac274,816 sq.ft. = 6.3 ac83,965 sq.ft. = 1.93 ac 144 units22.86 units/acre17.50 units/acre12.81 units/acre4.72 units/acre Residential Buildable Area onlyResidential Buildable Area + Landscaping Berm Setback AreaResidential Buildable Area + Landscaping Berm Setback Area + Landscaping BermLANDSCAPING BERM40’ height3:1 slopeGross Site Area40’24’ private roadEntry medianCommunity gardenFenced-in dog parkOpen ex spaceSeating carved into bermFootprint: 9,600 sq.ft.18 units 3 stories154 155 40 0.0 © Bolton & Menk, Inc - Web GIS 0 Legend Map Name This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. Disclaimer: 1/16/2024 4:11 PM 400 Feet Special Development Conditions Railroad City Limits Parcels 08/01/2023 Planned Land Use Rural Preserve (1 unit / 5 acres) Rural Residential (1 unit / 2 acres) Island Residential Urban Estate Density Residential (0.5 - 2 units / acre) Urban Low Density Residential (3 - 8 units / acre) Urban Medium Density Residential / Mixed Use 8 - 15 units / acre) Urban Medium High Density Residential (15 - 20 units / acre) Urban High Density Residential (20 - 25 units / acre) Commercial / Office Industrial Park, Recreational, and Open Space HennepinCounty_MN_Nearmap_Sp22_6in.sid Red: Band_1 Green: Band_2 Blue: Band_3 156 71 4.3 © Bolton & Menk, Inc - Web GIS 0 Legend Map Name This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. Disclaimer: 1/16/2024 4:13 PM 714 Feet Sanitary Manhole Sanitary Manhole (Medina) Sanitary Maintenance Manhole Sanitary Lift Station Sanitary Lift Station (Medina) Sanitary Clean Out Sanitary Termination Valve Sanitary Isolation Valve Sanitary Grinder Station Sanitary Gate Valve Sanitary Gate Valve (Medina) Sanitary Flushing Valve Sanitary Curbstop Sanitary Plug Valve Air Release Manhole Air Release Manhole (MCES) Sanitary Pipe Sanitary Service Pipe Sanitary Forcemain Sanitary Forcemain (Medina) Water Tower Water Curbstop Water Gate Valve Water Hydrant Watermain Water Service Pipe Special Development Conditions Railroad City Limits Parcels 08/01/2023 HennepinCounty_MN_Nearmap_Sp22_6in.sid Red: Band_1 Green: Band_2 Blue: Band_3 157 Item No.: 10 Date: February 26, 2024 Presenter: Laura Oakden Presenter: Community Development Director Section:Community Development Report Title: Letter to State Representatives Regarding Proposed Legislation 1.Purpose: Review the proposed letter is opposition of newly propose legislation regarding land use and public input processes. 2.Background: The League of Minnesota Cities has brought to our attention two pieces of legislation were presented to the Housing Finance and Policy Committee for consideration: HF4009/SF3964 and HF4010/SF3980. They are requesting for elected officials and staff to contact the states representatives in opposition of the proposed legislation. The proposed bills could preempt cities’ zoning and land use authority. It could also eliminate the public’s ability to petition government to address their concerns regarding certain development that materially impacts their property. The proposed HF4009/SF3964 and HF4010/SF3980 bills could permit the following: • Allows various types of multi-unit housing be built by right without discretionary review processes; • Require cities to allow between 2-6 residential units on each lot regardless of size, infrastructure capacity, emergency responder access, and other public health concerns; • Force administrative approvals of projects that meet the standards in the bill language and prohibit public input in the approval process; • Limit minimum lot size requirements to no greater than 2,500 square feet for first class cities and 4,000 square feet for all other cities except for Greater Minnesota cities with populations of less than 5,000; • Prohibit off-street parking from being required close to major transit stops and limits off-street parking minimum requirements to 1 spot per unit in other areas; and • Allow multifamily buildings to be constructed up to 150 feet in height on any lot in a commercial zoning district. Proposed legislation is linked below: HF4009 / SF3964 HF4010 / SF3980 3.Staff Recommendation: To review the draft opposition letter. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approval the draft opposition letter regarding the proposed legislation. Exhibits Exhibit A. Orono Opposition Letter Re: HF4009/SF3964 and HF4010/SF3980 158 159 February 26, 2024 Representative Andrew Myers 377 State Office Building St. Paul, MN 55155 Senator Kelly Morrison 95 University Avenue W. Minnesota Senate Bldg., Room 3205 St. Paul, MN 55155 Regarding: HF4009/SF3964 and HF4010/SF3980 Dear Representative Myers and Senator Morrison, The League of Minnesota Cities has brought to our attention two pieces of legislation were presented to the Housing Finance and Policy Committee for consideration: HF4009/SF3964 (“Missing Middle Housing” bill and HF4010/SF3980 on February 20, 2024. The City of Orono opposes both bills as they infringe on our local governing authority. The bills will eliminate our ability to adjust our local zoning ordinances to allow for varying degrees of density, and to ensure adequate infrastructure while soliciting public input from community members. The City of Orono opposes HF4009/SF3964 and HF4010/SF3980, because the bills would: • Allow various types of multi-unit housing to be built by right without discretionary review processes; • Require cities to allow between 2-6 residential units on each lot regardless of size, infrastructure capacity, public safety and emergency responder access, and other public health and safety concerns; • Force administrative approvals of projects that meet the standards in the bill language and prohibit public input in the approval process; • Limit minimum lot size requirements to no greater than 2,500 square feet for first class cities and 4,000 square feet for all other cities except for Greater Minnesota cities with populations of less than 5,000; • Prohibit off-street parking from being required close to major transit stops and limits off-street parking minimum requirements to 1 spot per unit in other areas; and • Allow multifamily buildings to be constructed up to 150 feet in height on any lot in a commercial zoning district. The proposed bills will preempt cities’ zoning and land use authority. It would also eliminate the public’s ability to petition government to address their concerns regarding certain development that materially impacts their property. It provides no way for residents to seek recourse and make their voices heard before their local elected officials. For the above reasons, the City Council for the City of Orono opposes HF4009/SF3964 and HF4010/SF3980. Respectfully, on behalf of the City of Orono, Dennis Walsh Mayor City of Orono 160 Item No.: 11 Date: February 26, 2024 Presenter: Adam Edwards Presenter: City Administrator / Engineer Section:City Administrator/Engineer Report Title: Approve Next Work Session Draft Agenda 1.Purpose: The purpose of the action item is to forecast future work session agendas. 2. Date Subject Date Subject 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; Police Department Canine Program Overview 26 Aug Enterprise Budget Update 11 Mar Elected and appointed official civility; tech use at the dais; appropriate use of staff time 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: 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.Process: Some additional topics for council consideration are: Adaptive Leadership Council Vision and Goal Setting 4.Staff Recommendation: I recommend holding the next work session as proposed and scheduled. AGENDA ITEM COUNCIL ACTION REQUESTED Move to approve the draft schedule and hold the next work session as proposed and scheduled. 161 Item No.: 12 Date: February 26, 2024 Presenter: Adam Edwards Presenter: City Administrator / Engineer Section:City Administrator/Engineer Report Title: 2023 City of Orono Annual Report 1.Purpose: The purpose of this action item is to provide city council and the community with a summary of activity by department in 2023. 2.Background: The city council directed the city administrator to provide a report on the performance of the various departments. To meet this requirement staff undertook the preparation of an annual report. 3.Staff Recommendation: I recommend council adopt the 2023 City of Orono Annual Report. AGENDA ITEM COUNCIL ACTION REQUESTED Adopt the 2023 City of Orono Annual Report. Exhibits 2023_Annual_Report.pdf 162 City of Orono Annual Report 2023 City of Orono The Staff of the City of Orono take great pride in providing services and infrastructure to the Citizens of Orono and our partner cities. This report provides a summary and some examples of that support in 2023. 163 2 TABLE OF CONTENTS Contents 1.0 ORONO MISSION, VISION AND GOALS....................................................................................................................5 1.01 Mission Statement. .................................................................................................................................... 5 1.02 Vision Statement. ....................................................................................................................................... 5 1.03 City of Orono Goals. ................................................................................................................................... 5 2.0 ORGANIZATION. ......................................................................................................................................................6 2.01 Organization. .............................................................................................................................................. 6 2.02 Human Resources. ..................................................................................................................................... 6 2.02.1 New Hires. ...........................................................................................................................................6 2.02.2 Years of Service Awards. .....................................................................................................................6 2.02.3 Personnel Handbook. .........................................................................................................................7 2.02.4 Safety Committee. ..............................................................................................................................7 2.02.5 Cheers Committee. .............................................................................................................................7 3.0 ADMINISTRATIVE SERVICES.....................................................................................................................................8 3.01 Overview. ................................................................................................................................................... 8 3.02 Team. ......................................................................................................................................................... 8 3.03 Public Meetings. ........................................................................................................................................ 9 3.04 Elections. .................................................................................................................................................... 9 3.05 Records. ..................................................................................................................................................... 9 3.06 Legal. .......................................................................................................................................................... 9 3.07 Permit and Licensing. ............................................................................................................................... 10 3.08 Communications. ..................................................................................................................................... 10 3.09 Waste. ...................................................................................................................................................... 11 3.10 Payment Processing. ................................................................................................................................ 12 4.0 FINANCE. .............................................................................................................................................................. 13 4.01 Overview. ................................................................................................................................................. 13 4.02 Organization and Staff. ............................................................................................................................ 13 4.03 Budget . .................................................................................................................................................... 13 4.04 By the Numbers (Metrics). ....................................................................................................................... 14 4.05 Bond Rating. ............................................................................................................................................. 14 4.06 Annual Comprehensive Financial Report (ACFR). .................................................................................... 14 4.07 Payroll/Human Resource. ........................................................................................................................ 14 164 3 4.08 Accounts Payable. .................................................................................................................................... 14 4.09 Utility Billing (UB) and Administration. .................................................................................................... 14 4.10 Information and Communications Systems. ............................................................................................ 15 5.0 COMMUNITY DEVELOPMENT .............................................................................................................................. 16 5.01 Overview. ................................................................................................................................................. 16 5.02 Organization and Staff. ............................................................................................................................ 16 5.03. Department Activity Summary. ............................................................................................................... 16 5.04 Planning. .................................................................................................................................................. 16 5.05 Building. ................................................................................................................................................... 17 5.06 Code Enforcement. .................................................................................................................................. 17 6.0 PARKS AND FACILITITES........................................................................................................................................ 18 6.01 Overview. ................................................................................................................................................. 18 6.02 By the Numbers (Metrics) ........................................................................................................................ 18 6.03 Organization and Staff. ............................................................................................................................ 18 6.04 Parks and Trails ........................................................................................................................................ 19 6.04.01 Park Usage ....................................................................................................................................... 19 6.04.02 Parks Turf Maintenance and Improvements. ................................................................................... 19 6.05 Golf Course. ............................................................................................................................................. 20 6.06 Events. ...................................................................................................................................................... 21 6.07 Facilities ................................................................................................................................................... 21 7.0. PUBLIC WORKS ..................................................................................................................................................... 22 7.01 Overview. ................................................................................................................................................. 22 7.02 Organization and Staff. ............................................................................................................................ 22 7.03 By the Numbers (Metrics) ........................................................................................................................ 22 7.04 Streets. ..................................................................................................................................................... 22 7.04.01 By the Numbers (Metrics). ............................................................................................................... 23 7.04.02 Key Activities. ................................................................................................................................... 23 7.05 Stormwater Maintenance. ....................................................................................................................... 23 7.05.01 By the Numbers (Metrics). ............................................................................................................... 24 7.05.02 Key Activities. ................................................................................................................................... 24 7.06 Sanitary Sewer Maintenance. .................................................................................................................. 24 7.06.01 By the Numbers (Metrics). ............................................................................................................... 24 7.06.02 Key Activities. .................................................................................................................................... 25 7.07 Water System Operations. ....................................................................................................................... 25 165 4 7.07.01 By the Numbers (Metrics) ................................................................................................................ 25 7.07.02 Key Activities. .................................................................................................................................... 25 7.08 Services. ................................................................................................................................................... 25 7.08.01 By the Numbers (Metrics). ............................................................................................................... 26 7.08.02 Key Activities. .................................................................................................................................... 26 8.0. ORONO FIRE DEPARTMENT .................................................................................................................................. 27 8.01 Overview. ................................................................................................................................................. 27 8.02 Organization and Staff. ............................................................................................................................ 27 8.03 Apparatus and Equipment. ...................................................................................................................... 27 8.04 Fire Facilities. ........................................................................................................................................... 28 9.0 ENGINEERING. ...................................................................................................................................................... 29 9.01 Introduction. ............................................................................................................................................ 29 9.02 Organization and Staff. ............................................................................................................................ 29 9.03 Project Management. .............................................................................................................................. 29 9.04 Support to Staff Departments. ................................................................................................................ 31 10.0 POLICE DEPARTMENT. ..................................................................................................................................... 32 166 5 1.0 ORONO MISSION, VISION AND GOALS. 1.01 Mission Statement. The City of Orono will provide effective guidance through public policy established from citizen involvement, by empowering staff to implement best practices to prepare Orono for any challenges of the future and by ensuring a positive customer experience, superior municipal services and provide a safe community for the residents, businesses and customers to live, work and play in. 1.02 Vision Statement. To be the residential community of choice and remain widely recognized for its preservation of natural rural beauty, quality of life, and recreational assets. 1.03 City of Orono Goals. 1. To provide consistent high levels of customer service to our residents and balance the enforcement of city codes. 2. To maintain sustainable funding for infrastructure while maintaining a stable tax levy 3. To create a culture of continuous improvement by providing efficient and reliable government services 4. To adopt best practices into city processes to ensure the high-quality services are provided in an ever- changing environment 167 6 2.0 ORGANIZATION. 2.01 Organization. The table below reflects the City Organization at the close of 2023. The biggest change to the city organization in 2023 was the decision on the model to use for the new fire department. Other changes included the addition of a second mechanic to fleet and a reorganization of the parks department. 2.02 Human Resources. 2.02.1 New Hires. 2023 saw the addition of 9 full-time staff, 8 POC firefighters, 7 part-time staff (4 PT Firefighters, 3 PT Police Cadets CSO), and 22 seasonal hires predominantly in Golf Course and Brush Site. Additionally, through the year, there were 6 employees who transitioned to different positions. 2.02.2 Years of Service Awards. 2023 had the following milestones for employees. 2 employees reached 5 years of service (Anne Hentges and Aleah Lange – started off as part-time), 4 employees reached 10 years of service (Dave Klitzke, Heather Gehlen, Kyle Kirschner – started off as part-time, and Jay McCoy – started off as part-time), 2 employees reached 20 years of service (Melanie Curtis and Kyle Russeth). 168 7 2.02.3 Personnel Handbook. Staff undertook the process of updating the personnel handbook in 2023 to account for recent changes in state legislation for safe and sick leave. The handbook governs personnel policies and procedures for city staff. 2.02.4 Safety Committee. The Orono Safety Committee continued to meet in 2023. The main charge of this committee is to review injuries on duty, and to determine if they could have been prevented and how they can be prevented in the future. The city renewed its contract for services with Safe- Assure to draft updated safety manuals and compliance documents, provide required and voluntary safety training, and to conduct building safety inspections. Required AWAIR, Right to Know, Blood borne Pathogen, Emergency Action Plans, and Ergonomics training was provided to employees. 2.02.5 Cheers Committee. The Cheers Committee is charged with planning and executing city staff moral and welfare activities. Events this year included the Staff appreciation summer picnic, Staff recognition holiday party and the annual chili cook-off. The committee also developed logo apparel offering for staff. Of special note was the staff holiday luncheon and charity auction. Proceeds from the auction ($3,869) were provided to a local family in need. Items 2021 2022 2023 Workers Comp Claims 3 2 1 Lost Days 17 0 0 169 8 3.0 ADMINISTRATIVE SERVICES. 3.01 Overview. The administrative services department is responsible for nine functions. 3.02 Team. The department includes three full-time employees, two part-time employees, and over 60 election workers. With an internal transfer, and a resignation in 2023, the department welcomed two new employees in the fourth quarter, Municipal Service Representative Joe Ruthenberg and City Clerk Christine Lusian. MANAGEMENT ASSISTANT MUNICIPAL SERVICE REPRESENTATIVE RECORDS SCAN CLERKS ELECTION WORKERS records management permits, licensing recycling, organics website, social media, newsletter, communication election assistance, absentee voting coordination management support special projects customer service customer service permits, licensing payment processing records maintenance organics, recycling elections assistance communications, web, social media records preparation, conversion, quality control, destruction tracking, retention schedule administer election procedures according to the law voter assistance equipment maintenance open/close polls material and supplies customer service balance, document activity maintain order RECORDS PERMIT /LICENSING LEGAL COMMUNICATIONS ELECTIONS WASTE PUBLIC MEETINGS PAYMENT PROCESSING CITY CLERK MUNICIPAL SERVICE REPRESENTATIVE RECORD SCAN CLERK RECORDS SCAN CLERK MANAGEMENT ASSISTANT ELECTION WORKERS 170 9 3.03 Public Meetings. Pre-meeting preparation and post meeting follow up for City Council regular meetings and work sessions is a core service the administration team provides. The team coordinated nearly 50 meetings for Council members alone, which averages about one per week. In 2023 the administrative department in coordination with the IT department initiated a project to improve public meeting streaming services. At the same time, we implemented a new software system to streamline the development of public meeting packets. In addition to public meetings, the team coordinates non-public meetings, like new employee welcome events, team meetings, training, etc. 3.04 Elections. This year, the team developed plans and budget for five upcoming elections in 2024 as well as record maintenance work to remain in compliance with the retention and destruction schedule. The team has to remain certified and prepared to administer a special election at any time with little notice if an office becomes vacant. Routinely, the administrative team administers elections every other year for federal, state, county, and local offices. 3.05 Records. Administration reviewed about 50 requests for public data, an average of one every week. The process includes review and confirmation of the request, record search and retrieval, review of the data for redaction, protection of not public data, processing payment, copying and transmitting the records, and archiving the fulfilled request as public data to be maintained by the department for three years. This does not include requests for police data. Activity 2021 2022 2023 Requests for public records 34 34 50 Records added 13,001 3.06 Legal. The Administrative team brought 29 resolutions for recording with Hennepin county property records. A recodification project began in 2022 and continued throughout 2023. The last recodification was in 2003. Recodification consists of a chapter-by-chapter review of the city code with the goal of ensuring the code is up to date, internal conflicts are resolved and the code is compliant with current state statutes. The project has a target completion in 2024. Activity 2021 2022 2023 Resolutions adopted 42 31 51 Ordinances enacted 16 14 7 171 10 3.07 Permit and Licensing. Over 130 administrative business licenses and permits were processed by the team, not include building permits. Administrative services issues building permits, and coordinates with contractors and property owners to schedules inspections. The team also issues all dog park passes to the Susan E. Lurton Nature and Off Leash Dog Park.. The team scheduled 3,106 building inspections, about 300 more than last year, issued 1,687 building permits reflecting a 16% increase from last year and processed 608 dog park passes, a 24% decrease from last year. 3.08 Communications. The department provides service to visitors, staff, and contractors in person, online, and over the phone. In 2023 the team led a project to update the city’s website. As part of this project we also developed home pages for the Police Department and the Golf Course. Permits and Licenses Processed. 2021 2022 2023 Alcohol 7 7 7 Tobacco 6 6 8 Sales / Merchant 1 1 10 Rental Home 17 22 27 Waste Hauler 5 4 4 Kennel 6 4 1 Gambling 5 3 3 Fireworks 2 2 1 Special Events 17 22 22 Hunting/Firearm 44 46 53 Tent 2 8 1 172 11 The number of people who saw our posts (reach) and people who follow our social media pages. The department sent 73,000 emails of which 49,674 were opened, 6,745 Facebook viewers, and 21 on Instagram. Digital communications by the numbers: Communications Platform 2021 Viewers Reached 2021 Followers 2022 Viewers Reached 2022 Followers 2023 Viewers Reached 2023 Followers Website 132,909 221,955 269,866** Granicus 244,194 158,346 175822** Facebook 11,647 596 35,967 665 6745 731 Twitter /X 8,970 94 11,851 168 11,273** 217 Instagram 19 5 21 26 **estimated numbers NotifyMe: Electronic or email messages sent through the City’s Website Year Total Messages Sent Single emails Delivered Single emails Opened (Reach) Single emails Bounced (undeliverable) 2020 176 25,875 14,096 0 2021 247 42,570 21,447 34 2022 364 81,964 55,128 37 2023 332 73,000 49,674 370 The administrative services team creates this annual report, newsletters, utility bill insert flyers, and messages posted to the homepage of the website or sent out via mail. Task 2021 2022 2023 Description Newsletters 3 6 6 Bi-monthly four-page of current information Messages Displayed on the Utility Bill 12 36 0 Information Related to Billing Customers: Recycling charges explanation, UB Contact Information, etc. Utility Billing Insert/Flyer NA 7 5 Two-page Monthly newsletter/flyer: Community related information shared to residents with their Utility Bills 3.09 Waste. Organics recycling drop off drew 186 participants, a 26.5% increase from last year. 2021 2022 2023 Organics Participants NA 147 186 Curbside Recycling Tons 538 173 12 3.10 Payment Processing. Administration department processes in-person payments. The administration department processed 7,530 payments at the front counter. Employee # of Payments Processed Total $ Revenue Receipted Alicia Johnson 1,355 $3,640,982.49 Anna Carlson 75 $27,766.05 Joe Ruthenberg 526 $507,487.86 Nola Dickhausen 456 $700,754.12 check processing (check 21) 5,118 $862,356.21 TOTAL 7,530 $5,739,346.73 174 13 4.0 FINANCE. 4.01 Overview. The Finance Department is tasked with administering all the financial activities of the City. It also oversees the City’s human resource functions and information technology systems. 4.02 Organization and Staff. The department includes 4 Full-time employees: Finance Director, Accountant, IT Technician and Resource Management Technician. 2023 saw staff turnover with the onboarding of a new Accountant and Resource Management Technician and the farewell of Finance Director Ron Olson, retiring with over 26 years of service to the City of Orono. 4.03 Budget . In 2023, the 2024 budget was prepared by the department in conjunction with the budget committee. The city was able to achieve the City Council goal of maintaining a level levy rate while providing the necessary resources to maintain quality levels of service. The Tax Levy adopted, payable in 2024, is $9,415,100, with a tax capacity rate of 16.324%. 175 14 4.04 By the Numbers (Metrics). Area Measure Target 2022 2023 Debt Management Bond Rating Aaa Aaa Aaa Cash Management Portfolio Invested 12/31 $ 17,034,999 $ 14,746,840 Accounts Payable # of Invoice Paid - 4,504 4,404 # of Checks Issued - 2,527 2,280 # of ACH Transactions Sent 166 104 Accounts Receivable # of Invoices Sent - 219 166 Cash Receipting # of Payments Received - 42,559 46,938 Payroll # of W2’s Issued - 98 106 Utility Billing Accuracy of Billing 100% >99% >99% # of Utility Bills Sent - 32,839 33,629 # of Service Orders - 91 70 Annual Audit # of Deficiencies Noted 0 0 0 # of Findings 0 1 2 Compliance With Regulations # of State Deadlines Not Met 0 1 2 Risk Management Workman’s Compensation Premium Experience Factor <1.0 .69 .65 4.05 Bond Rating. The City’s bond rating is a measure of the City’s overall tax base, debt management and fiscal strength. Since 2005, the City of Orono has held a triple-A (Aaa) bond rating, the highest possible rating, and continues to hold that rating in 2023. 4.06 Annual Comprehensive Financial Report (ACFR). The annual audit is to provide assurance that the financial statements are free of material misstatement. The auditor also considers the internal control relevant to the City’s preparation and fair presentation of the financial statements. There were 2 findings in the 2022 audit performed in 2023. 4.07 Payroll/Human Resource. In 2023, the Employee Handbook was updated to comply with state law changes. The accountant started attending human resource classes to provide better internal service to staff on HR. 4.08 Accounts Payable. Staff implemented a streamlined solution for accounts payable processing, to get invoices paid on time. 4.09 Utility Billing (UB) and Administration. 176 15 The Resource Management Technician continues to work closely with Public Works staff to replace dead meters and identify leaks through monitoring monthly meter readings. Throughout the year, educational inserts included with monthly bills and data logging of meters help residents better understand their usage and conserve water. 4.10 Information and Communications Systems. The Information Technology Department provides IT services for the City and works in collaboration with LOGIS. During 2023, a number of projects were completed. Phones lines were transitioned from copper lines to Session Initiation Protocol (SIP) trunk (network) lines. The Council Chambers audio system was upgraded and the Granicus system was replaced with the Swagit system. The WIFI controller for City Hall and Police department was upgraded. Fiber to the new Public Works building was connected by running down lines from City Hall for preparation of utilizing in 2024. The City switched cellphone and hotspot provider from Verizon to AT&T and FirstNet and the City switched e-mail domain name. 177 16 5.0 COMMUNITY DEVELOPMENT 5.01 Overview. The Community Development Department is responsible for the review of building plans and the implementation of land use plans and policies of the City Council through administration of ordinances. The Department reviews permit and land use applications to ensure compliance with land use, setback, hardcover, floodplain management, and other City requirements. The department provides service and information to the general public, property owners, builders, and developers on all aspects of development and land use within Orono. 5.02 Organization and Staff. The department consists of 6 personnel: The community development director, two planners, a Building official, a building inspector and a planning assistant. In 2023 the building official and building inspector worked towards their septic training and certifications with hopes to bring that service into the department in 2024. 5.03. Department Activity Summary. Year To Date Year New Home New Home value + Total permits CE open CE closed Zoning Aps 2023 43 $ 45,174,490 1687 84 62 63 2022 54 $ 53,352,900 1420 134 114 71 2021 48 $ 42,006,132 1430 112 110 76 % of 2022 80% 85% 119% 63% 54% 89% % of 2021 90% 108% 118% 75% 56% 83% 5.04 Planning. In 2023, we granted 2 final plat approvals. One for Swan Beach on Crystal Bay and one for Wildhurst Forest which results in 2 new lots. We completed a Conditional Use Permit for a new Restaurant along Highway 12. 2023 Total Land Use Applications Variances CUPs Text Amendments Subdivision (Sketches, Prelim Plat, Final Plat, Exemptions) Other 63 44 4 1 12 2 As a department, we have been working on the recodification of the city code. We hope to formally adopted updated language in the beginning of 2024. We adopted 1 new text amendment to address retaining walls in the lake yard. We issued our first Accessory Dwelling units this year and are up to 4 permitted ADUs throughout the city. The department also has been tracking the type of land use applications we process throughout the year and the specific variances being requested for each project. The table below is reflective land use applications that are being processed through the department. 178 17 5.05 Building. The Building Department ensures the health, safety, and welfare of the citizens and visitors of Orono through reviewing both residential and commercial construction plans and inspecting new construction to ensure compliance with State Building and Construction codes. Measure 2023 2021 2022 Building permit Revenue (2023 Budget- $565,000) $843,085 $ 486,179 $ 591,261 Number of Permits issued 1687 1430 1420 Number of Inspections 3106 2986 2808 5.06 Code Enforcement. In 2023, 84 cases were filed. The department performed 110 code enforcement specific inspections regarding complaints, any inspections on complaints associated with active project were completed as part of an open building permit. 7 complaints were sent to other departments. 5 cased were sent to the city attorney, 4 of the cases were resolved after being sent to the City Attorney with one pending case still open. 0 5 10 15 20 25 Comprehensive PlanOrdinanceZoning MapAmendmentUseLand AlterationSketchClass IPreliminary PlatFinal PlatExceptionExtensionAverage LakeHardcoverLake/ FrontRearSideStructuralOtherLot AreaLot Width1st Extension2nd ExtensionAmendments CUPs Site Plan Subdivision Vacation Variance 2023 179 18 6.0 PARKS AND FACILITITES. 6.01 Overview. The City of Orono features over 260 acres of maintained parks, trails, and open space. There are twenty-one parks that range from small pocket parks, playgrounds, an off-leash dog park, and a nine-hole golf course. The parks department oversees operations in the parks, golf course and city owned facilities. In addition to our own properties, the City of Orono also maintains the parks system for Spring Park. The parks department consists of four full-time employees, one part-time, and up to 20 seasonal employees throughout the year. 6.02 By the Numbers (Metrics) Department 2021 2022 2023 Parks Related Tasks completed 295 190 250 Facilities related tasks completed 247 162 229 6.03 Organization and Staff. We have talented and dedicated employees in the Parks Department and I am thankful to have the team that I do. Jack and Rick are in charge of parks and golf maintenance along with two interns, Jake and Zack. Kim is responsible for managing the golf course clubhouse and coordinating events like the Annual Tree Lighting. Julie is our newest addition to the team and she is responsible for building maintenance and custodial services for city owned facilities. This team all shares the same goal of making the City of Orono the best that it can be! Building the Christmas Tree The Parks Department Parks Interns 180 19 6.04 Parks and Trails 6.04.01 Park Usage • Sports Fields - The sports fields at Bederwood and Hackberry saw another busy year of use. The soccer field at Bederwood had over 180 reservations. The fields at hackberry were used heavily for t-ball and flag football. • Lurton Dog Park – The dog park continues to be one of the busiest Orono parks. 605 parking passes were purchased with more than half of the passes being sold to nonresidents. There was a slight decrease in parking passes in 2023. The parking pass rates were increased in 2023 due to high demand for the park. 2019 2020 2021 2022 2023 Lurton Dog Park Passes 537 512 857 799 605 6.04.02 Parks Turf Maintenance and Improvements. 2023 was a great year for park maintenance. In addition to our full-time employees, we hired two interns to work with us this year. Our team focused on some deferred maintenance in the parks and we were thrilled with the results. • Playgrounds - Several of our playgrounds are surrounded by trees that have not been pruned and the canopy was growing into the equipment. The team raised the tree canopy which allows for more light and air flow. Many of the playgrounds were hidden by the canopy. The parks now have a much cleaner and open feel to them. All playgrounds were inspected for safety and pressure washed. This work was a great opportunity to add new mulch to the playground containers. • Continuing Education – This year, several staff members participated in training on playground equipment safety and were tested to receive their playground safety inspection certification. This certification will allow us to maintain city assets while also providing the highest level of safety for users of the equipment. The Parks Department staff are also trained and licensed as pesticide applicators. As licensed applicators, we continue to stay informed on regulations, safety, and environmental impacts. • Hackberry Park – This park saw one of the largest changes as the house that was in the center of the park was demolished for future expansion and use of the park. In addition to the removal of the house, many of the struggling Ash trees were removed due to the Emerald Ash Borer (EAB). The Parks Commission has worked hard on a new masterplan for Hackberry Park and we look forward to some exciting and beneficial changes in the future! • Crystal Bay Park – The parking lot between the post office and the playground had several large, overgrown Arborvitae trees that removed to allow for more sunlight and airflow into the park. The parks staff restored the area, seeded for grass, and planted several Dwarf Austrian Pines to create a break between the playground and the parking lot. Staff also took time to go through the landscape beds around post office building to clean up the aesthetics. 181 20 • Big Island – 2023 saw improvements to the Big Island docks. The wooden pilings were starting to rot away and were beginning to damage the dock. The wooden pilings were replaced with steel pilings, this have been a major upgrade from what it was in the past. Big Island Nature Park. The restrooms were open for the entire season and operated as they should. Maintenance and cleaning occurred on a weekly basis throughout the summer. Two new concrete picnic tables were added near the entrance of the park. • Tree Maintenance – Many trees in parks were trimmed to remove dead branches, raise the canopy, and thin out for health. Quite a few Ash trees were removed due to impact of the Emerald Ash Borer (EAB). Parks Department staff applied for a grant through Hennepin County to pursue creating a Tree Management Program. The city was awarded the grant and will begin to build the program in 2024. This is a very exciting opportunity for the City of Orono to maintain and protect one of its greatest assets. 6.05 Golf Course. The Orono Orchard Golf Course had another amazing, record-breaking year. Kim Linder, the clubhouse manager, has been instrumental in adding new leagues and growing the junior golfer program. The golf course hosted two Junior PGA events and had a great turnout! 2023 marked the 3rd year of drought conditions in Minnesota and the impact was felt at the golf course. Staff spent a considerable amount of time working on irrigation repairs and hand-watering areas that required it. Parks Department staff re-built the irrigation controllers which gave us a much more reliable irrigation system. 2024 will mark the 100-year anniversary of the golf course. Parks staff used 2023 to make important improvements ahead of the 100-year anniversary. Staging for Junior PGA Event Year 2019 2020 2021 2022 2023 Greens Fees 113,824.68$ 246,026.24$ 252,577.16$ 240,372.36$ 275,949.80$ Rentals - Golf Carts & Clubs 48,574.00$ 85,924.86$ 101,383.11$ 103,678.33$ 113,071.04$ Alcohol Sales 9,433.00$ 12,066.89$ 16,159.11$ 20,686.46$ 26,161.23$ Concessions 5,631.50$ 5,163.29$ 9,048.63$ 11,561.61$ 12,267.26$ Merchandise 3,356.75$ 3,928.32$ 6,053.66$ 5,966.67$ 6,013.00$ 180,819.93$ 353,109.60$ 385,221.67$ 382,265.43$ 433,462.33$ Golf Course Revenues 182 21 6.06 Events. On December 2nd, the City of Orono hosted its 4th annual Tree Lighting Event at the Orono Orchards Golf Course. The weather was amazing and we could not have asked for a better night to hold the event. It was a fun night for the community to connect over food, a fantastic fireworks display, and Santa! The Orono Lions generously donated their time to grill hot dogs and brats for those in attendance. A big thank you to our amazing 2023 Tree Lighting Sponsors! 6.07 Facilities In 2023, the Parks Department took on the additional responsibilities of managing the city-owned facilities. Most maintenance tasks can be done by our staff while others are contracted out for service. Tasks range from custodial services, filter replacements, painting, and minor repairs. 183 22 7.0. PUBLIC WORKS 7.01 Overview. The public works department is responsible for the maintenance of the city’s infrastructure including streets, stormwater, water, sanitary sewer and fleet. In addition, the department provides several community services, including the brush site and clean up days. The department also provides service via contract for operational maintenance services of Water, Sanitary Sewer, Stormwater, and Parks, Streets (minus snow removal) for the City of Spring Park. A summary of Orono work effort in 2023 in the form of tasks completed broken down into key areas is listed below. 7.02 Organization and Staff. To accomplish the Public Works mission we have a small, but dedicated team of full time, part time and seasonal employees. Public works has a staff of 12 full time employees, plus seasonal positions during the summer. The mechanic focuses on the maintenance of our fleet (including police vehicles) and ensuring equipment is working properly for use throughout the city. We had one employee resign and one retire. The two new hires this year replaced the resigned and retired employees. 7.03 By the Numbers (Metrics) Department 2021 2022 2023 Equipment/Fleet 173 531** 651 Sanitary 3098 3546 3074 Water 959 2562 1232 Streets 771 1302 1565 Stormwater 125 210 784 Other PW Services 6 4 4 Completed Tasks 5132 8155 7310 ** The addition of the mechanic position in 2022 led to the increase in equipment tasks that we were able to complete. 7.04 Streets. The department’s goal is to preserve and improve the city transportation system providing safe and reliable roadways for our residents, integrated with county and state systems in a way that is fiscally and environmentally responsible. The city maintains 57 miles of public streets; 1417 street signs, 3 bridges, 13 guardrails, 125,000 feet of pavement marking and 73 city owned street lights. Glendale Drive Mill / Overlay 184 23 7.04.01 By the Numbers (Metrics). Strategy Measure Target 2021 2022 2023 Focus efforts and resources on preventive maintenance in order to maximize the longevity of the pavement. React to maintenance issues. Average PCI Rating 80+ 79.9 78.5 80.7 Ton of Asphalt used in Patching Decreasing trend ↘ 74.5 73.1 52.65 Feet of Crack Sealing 25000 31000 0 51,858 Miles Overlaid 2.5 1.25 3.4 0.38 Miles Reconstructed (includes reclaims) 1 .65 .5 1.04 Signs Inspected 100% of Maintenance District 269 315 479 Execute City Street Sign Policy to replace worn or damaged guide, warning, & regulatory signs. Signs Replaced 60 62 21 95 Signs Reduced As many as possible 9 0 2 Execute City and Ice Policy Number of Snow and Ice Events NA 13 17 42 Reduce chlorides used through adoption of snow and Ice best practices Tons of salt per mile per event 0.25 1.82 .26 .42 Gallons of Brine Pretreat per mile per event 50 10 10.2 34.9 7.04.02 Key Activities. Holiday decorations consisting of flags, banners and lighted decorations are put on our street lights to display holiday cheer, show support to our community, and honor our veterans. 7.05 Stormwater Maintenance. 185 24 The department’s goal is to protect property and the natural environment from the effects of flooding and pollution through proactive maintenance of the stormwater drainage system. The city maintains and extensive stormwater system consisting of 598 culverts & Storm Pipes, 11 outfalls, 433 catch basins and 16 storm ponds. 7.05.01 By the Numbers (Metrics). 7.05.02 Key Activities. The storm culvert on Tamarack Drive was replaced in November of this year. Various ditching projects also occurred though the summer and fall to improve drainage in areas of the city. 7.06 Sanitary Sewer Maintenance. The department’s goal is to provide a safe and efficient sanitary sewer collection system. The sanitary sewer system consists of 329,728 feet of sewer main, 1238 Manholes, 46 Lift Stations, 19 Stationary Backup Generators and 4 Portables serving 2253 customers. 7.06.01 By the Numbers (Metrics). Strategy Measure Target 2022 2023 Clean and inspect all city sewers at least every five years to identify area requiring maintenance or possible I&I locations to drive sanitary rehabilitation projects. Feet of sewer main cleaned/televised/ inspected 100% of maintenance Area 45,345 35,021 Number of sewer Backups 0 0 0 Number of I&I Exceedances 0 0 0 Lift Stations inspected 46 46 46 Strategy Measure Target 2021 2022 2023 Decrease the risk of flooding for facilities # of structures flooded 0 0 0 0 Reduce pollutants from entering the stormwater system and surface water bodies through street sweeping. Cubic Yards of sweepings removed from city streets Increasing trend ↗ 23 38.9 25 Pounds of phosphorus removed Increasing trend ↗ ~11.5 ~19.4 22.7 Proactively maintain the system by inspecting 1/5 of the system each year and using those inspections to inform maintenance activities. Number of Structures inspected 100% of Maintenance Area 91 71 469 Number of structures replaced or repaired As needed 1 3 3 # Of ponds Inspected 100% of Maintenance Area 4 4 4 186 25 Inspect all of the City’s lift stations annually and rehabilitate 2 per year Lift Stations rehabilitated 2 2 2 Inspect all new Sewer Connection for compliance with CEAM standards Number of sewer service installation inspections 100% 57 52 Reduce I&I though inspect and require repairs to sanitary sewer Services Point of Sale Sewer Inspection 79 74 Issues Identified 25 21 Correction made 20 17 7.06.02 Key Activities. The City’s Point of Sale Inspection Program, Public Works staff completed 74 Point of Sale inspections. Data from this year indicated that 32% of lines inspected required some kind of repair. 7.07 Water System Operations. The department’s goal is to provide safe and reliable drinking water that meets federal and state water quality requirements. The municipal Water system consists of 125,637.5 feet of water main, 4 wells, 2 water towers, 293 hydrants, 362 valves serving 1159 customers. 7.07.01 By the Numbers (Metrics) Strategy Measure Target 2022 2023 Proactively maintain the system through inspections and exercising hydrants and valves. Number of water main breaks 0 4 5 Hydrants flushed 293 325 107 Valves exercised 308 412 3 Water Services inspected All new 36 25 Ensure wells, plants and storage is reliable and functioning efficiently Gallons pumped As needed 156M 144M Gallons of Unaccounted water <10% 9.9% 7.07.02 Key Activities. The watermain Under the Coffee Bridge was replaced with new water main. This was as a result of a major break that happened. 7.08 Services. Coffee Water main 187 26 The public works manages several public service activities and events. They include the City Brush site, leaf and grass clippings drop off, mulch and compost. This year those services all got combined at the brush site for convenance for the residents. The city also hosts a spring and fall cleanup days 7.08.01 By the Numbers (Metrics). Strategy Measure 2022 2023 Spring and Fall Clean up Days Residents served 297 223 Material Collected: Used Bicycles 76 87 Material Collected Appliances 196 114 Brush site Residents served n/a 3288 Cubic Yards of Wood chips 4200 4000 Much and Wood Chip issue point Cubic Yards of Mulch 225 380 Cubic Yards of Wood chips 400 118 7.08.02 Key Activities. The bikes weigh in at about 2,200 pounds, but more importantly, keeping these bikes on the road reduces the need to manufacture new bicycles which saves the world from approximately 8500 pounds of carbon dioxide pollution and other greenhouse gassesCO2. This year the city also partned with Hennepin County Environment & Energy who helped manage the donation of used building materials reducing the waste to the landfills. 188 27 8.0. ORONO FIRE DEPARTMENT 8.01 Overview. This was Orono Fire first year in existence. Even though we didn’t respond to calls for service, it was a good year. The Orono Fire Department will be responsible for responding to calls for service in Orono using a hybrid model of part-time firefighters to staff a duty crew for weekday daytime response and paid-on-call firefighters for response to calls nights and weekends. We will respond to about a 1/3 of Orono starting on July 1,2024 and the rest of Orono January 1, 2026. The Department had their first meeting on November 28th. 8.02 Organization and Staff. Orono hired our first fire chief and his main responsibility for 2023 was to perform a needs assessment. This task was completed and presented to Council in June. Once the needs assessment was completed and Council approved the path forward, we began hiring both part-time and paid-on-call firefighters. The Council approved a hybrid department made up of part-time and paid-on-call firefighters. This model will give a staffed crew of 3-4 firefighters during the day, which was when we had the least number of responders and the longest response times. We have 10 paid-on-call and 8 part-time firefighters. Our goal this coming year is to hire 8-10 more paid- on-call and 2-3 more part-time firefighters. 8.03 Apparatus and Equipment. The Council purchased a used ladder truck at the end of 2022, which was outfitted and equipped in 2023. Orono City Council approved the purchase of new and used apparatus, outfitting and equipment at the August 28th 189 28 meeting. The first apparatus that we will receive from this approval is a used 2017 Rosenbauer Rescue Pumper. It is currently at Fire Safety USA for modifications and remodel. It should be delivered to OFD in January of 2024. The firefighters were all sized for gear and uniforms at our November 28th meeting. 8.04 Fire Facilities. The Council approved the city to enter into a contract with Oertel for review of the old public works building and a storage facility next to fire station 2. Staff has started to plan for modifications with the old public works building to remodel into a temporary fire station. Our meetings are ongoing. 190 29 9.0 ENGINEERING. 9.01 Introduction. The City Engineer is responsible for all public engineering and construction projects within the City of Orono. Key areas of responsibility include: Construction; Development of the Capital Improvement Plan (street, sanitary sewer, water main, storm sewer, bridge, and trail improvements); Grading Permit/plan review; Infrastructure Review of proposed Developments; Management of infrastructure; Planning; Project Development; Right of Way Management; and Surface Water Resource Management. 9.02 Organization and Staff. The engineering staff consists of the City Engineer and a contract for engineering services with Bolton and Menk, Inc. 9.03 Project Management. Efficiently manage the design and construction of city projects. The table includes large capital projects undertaken or completed in 2023. ID Name Project Description Status 21-039 New Public Works Facility The project includes the procurement of a site, design, site preparation, utility extension and construction new Public Works Facility. Design, bidding and award were completed in 2022. 2023 saw substation progress on construction. The project is on track to be complete in spring of 2024. 21-040 Navarre Municipal Parking Lot Improvements Originally initiated as pavement rehabilitation and striping project, the work now includes a redesign of the lot layout including new stormwater infrastructure, new pavement, a new traffic pattern and new lighting. This project has been in the works for several years with construction being completed in 2023. 191 30 22-021 Forcemain replacement on Tonkawa and Partenwood The project is the final of a series of sanitary forcemain replacement project along Tonkawa Road. The projected replace 1630 ft of forcemain along Tonkawa road and 1500 feet along Partenwood Road. The project was substantially completed in 2023. A few Punch list items will be completed in the spring of 2024. 23-001 2023 Streets This project includes the reconstruction of Fox street between Brown and Orono Orchard, Townline Road and Glendale Drive. The project was substantially completed in 2023. The contactor will complete restoration and punch list items in the spring of 2024. The Project is on track to be under budget. 23-014 Sanitary sewer rehabilitation Project This Sanitary Sewer Rehabilitation project will consist of Cured in Place Pipe (CIPP) lining of infiltration susceptible sanitary sewer pipes, manhole reconstruction, and lid replacement. The purpose of the project is to reduce Inflow and Infiltration (I&I) into the Sanitary sewer systems and extend the life to the existing pipes. The lining process creates and new durable pipe within the older pipe at a much-reduced cost from open curing or directionally drilling in order to replace the older pipe. The project was completed on time and on budget. 23-022 North Water Plant Addition the State PPL for a future Arsenic and Iron Filtration system The PPL application was completed and submitted to the state for inclusion on the PPL. 23-030 Hackberry Park Master Plan This project was to develop a master plan for Hackberry Park in including near and long term improvements to be considered for the site as well as the associated cost estimates. The master plan was completed and approved by Council. The work will be the foundation for future grant applications and efforts at the park. 192 31 23-046 Pickleball Masterplan This project is to evaluate the Donation Garden Site for potential to add Pickleball courts. In 2023 the initial work was completed on the feasibility of pickleball on the site and the estimated cost of the same. 9.04 Support to Staff Departments. Provide support to the Planning and Zoning department through review of grading plans and development plans. Strategy Measure Target 2020 2021 2022 Complete Grading Reviews Number of building permit Grading reviews completed 100% of those required 390 244 293 193 32 10.0 POLICE DEPARTMENT. 194 1 Mission Statement “The members of the Orono Police Department are committed to providing the highest quality policing through fairness, service and pride. To foster this ideal, we promise to work in parternship with the communities we serve. ORONO POLICE Email: pdwebpolice@oronomn.gov Website: www.oronopolice.org Facebook.com/oronopolicedepartment Or Twitter@policeorono Non-Emergency: 952-258-5321 Administration: 952-249-4700 2730 Kelley Parkway, Orono, MN 55356 ORONO POLICE DEPARTMENT 2023 ANNUAL REPORT 195 2 Message We are pleased to present the Orono Police Department’s 2023 Annual Report. Our department is proud to serve the communities of Mound, Minnetonka Beach, Orono and Spring Park. We cover approximately 28 square miles of land and serve over 20,000 citizens. We value our community relationships and strive to provide the highest level of professionalism and compassion to every contact we have. This report will encompass our community outreach programs, police services as well as crime trends and other activity throughout our jurisdiction. Table of Contents Community Outreach Unmanned Aerial Vehicles (UAV) Program National Night Out Lake Minnetonka SWAT Firearm Safety Bike Safety Rodeo Crime and Activity Reporting Meeting Our Furry Friends Activity Summary Holiday Tree Lighting Group A Crimes Drug Take Back Statistical Analysis Comparison Supplemental Reporting Police Programs Call Volume Summary Explorers Reserves Investigations Summary CSO-Cadets D.A.R.E West Metro Drug Task Force Community Service Dog Embedded Social Worker Personnel High School Forensics Day On behalf of all of our staff members, thank you for your continued support and we look forward to serving you in the New Year. 196 3 Community Outreach National Night Out National Night Out 2023 was a fantastic time to bring our community and public safety together. We had 29 neighborhood gatherings each led by a host who helped organize each party. The police and fire departments joined each one. This was a great way to engage with people in our community. We had seven police officers as well as police reserve officers and a community service officer who joined together to be at each gathering. We want to thank everyone who participated in this incredible community event. Firearm Safety For the fifth year now, the Orono Police have hosted a DNR Firearm Safety course for youths in our community. Instructors from Orono PD partnered with the MN DNR and Chunks Automotive Service to provide a new generation with a complete safety course. Students ages 11 and older attended a classroom-based firearms certification course where they learned how to handle firearms safely, responsibilities of a hunter and wildlife conservation. They participated in a Field Day where they exercised their knowledge in scenario-based training. Each student finished the course with a final exam and received a firearms safety certificate. The class was filled with 20 great students again this year. 197 4 Bike Safety Rodeo The Orono Police Department, along with Our Lady of the Lake School and Mound Fire Department, participated in the first annual Bike Safety Rodeo. A bike rodeo is a fun way to introduce bicycle safety to kids and also gives them a chance to practice these skills. The event was a great turnout. There were four stations that included an obstacle course, bike maintenance checks, helmet fitting and hand signals. It was a fun time to help the kids become better bicyclists. Meeting Our Furry Friends While these were unplanned events, our officers had many opportunities and enjoyed meeting the furry friends of our community. They helped bring home dozens of little fur babies and reunited them with their worried owners over the last year. While some of them may have felt like they were in Doggie Jail, we can assure you that they were well taken care of while they were rescued from their escapades. The Secret Life of Pets is a real thing! (Credit to Illumination Entertainment and Universal Pictures) 198 5 Holiday Tree Lighting Officers joined our communities in the annual holiday tree lighting festivities in Mound and Orono. Thank you to the Westona Community and Commerce for sponsoring these events! Drug Take Back There is a real national concern for drug overdoses. It is a clear and present danger to public health and safety. The Orono Police Department is committed to participate with the DEA in an effort to reduce the misuse and availability of these drugs in our community. We provide means to safely and appropriately dispose of unwanted and unneeded prescription drugs. We do this by taking part in the Drug Take Back Day. Anyone in the community can safely dispose of unneeded medications from home, no questions asked, and can help in the prevention of substance abuse disorders. Please see our website for future Drug Take Back event dates. 199 6 Police Programs Explorers Law Enforcement Exploring is a program sponsored by local law enforcement agencies to provide career information and scholarship opportunities to students aged 14 (completed 8th grade) to 20. Each year, Explorers test their skills and training at the Minnesota Law Enforcement Explorers Conference. This year’s conference was held in Rochester, MN in April and was attended by all eight of the Orono Police Explorers along with their four Police Explorer Advisors. This year the explorers brought home 1st place in Emergency Field First Aid, 1st place in Interview and Interrogation, 2nd place in Crisis Intervention Training, 2nd place in Suspicious Activity, 2nd place in TCH and Edible Cannabis Law, 5th place in Interview and Interrogation , and 5th place in Domestic Crisis. Congratulations to this outstanding group of individuals. The conference had more than 500 explorers participating in various events and categories. Five of the eight Orono explorers had no prior experience and it was their first conference. The explorers are led by Orono Police Officers Brayden Sherman, Trey Wiebusch, Mike Fournier and Jane Szczepanik. career opportunities ∙ life skills ∙ service learning ∙ character education ∙ leadership experience 200 7 Police Reserves The Orono Police Reserves were busy once again. They worked many regular events such as Tour De Tonka, football games, Orono High School graduation, Polar Plunge, Holiday Train, Orono Tree Lighting, Gear West Half Marathon, Long Lake Fire 5k, Excelsior 4th of July Fireworks, Orono High School parade, training the Orono Police Explorers, and many more events around the Lake Minnetonka area and Hennepin County. We currently have 10 members that range from college students to business owners. The reserves donated around an estimated 2,060 hours to our communities. We had two reserve officers graduate from the Hennepin County Reserve School in 2023. Congratulations to Jack Peluf and Izzy Bagan. Police CSO-Cadet Program In recent times, it has been very difficult to recruit new officers into law enforcement. In attempt to remedy this issue, in 2023, the Orono Police Department created a CSO- Cadet program. The CSO-Cadet program’s intent is to hire individuals before they go to college, employ them throughout college, give them scholarships towards their education and then retain them as police officers when we have openings. In the Summer of 2023, we were able to employ two CSO-Cadets, Izzy Bagan and Kohlton Beck. Izzy, a graduate of Orono H.S., is doing four years of work at St. Thomas University where she is double-majoring. Kohlton is the son of our Sgt. Kenny Beck and is a graduate of Delano H.S. He has invested in the two-year program at Alexandria Technical College and should finish in the Spring of 2024. Both CSO-Cadets have shown a ton of dedication to the program and even volunteer during their time off as Orono PD Reserves. Pictured: Deputy Chief Wittke, Officer Slipka, Reserve Officer Peluf, Reserve Officer Bagan and Officer Sherman 201 8 D.A.R.E Officer Schultz was appointed as the new school resource officer for Mound in 2023. She taught her first year of D.A.R.E with 433 6th graders at Grandview Middle School. The students covered 10 lessons and presented slideshows on the topics they learned. Thank you Officer Schultz for your commitment to our local students! Community Service Dog Xerxes, our Community Service Dog, officially retired from active service on December 31, 2023. Xerxes had an important role of comforting and connecting with individuals impacted by trauma or experiencing a mental health crisis. In his line of work, he was a comfort for grieving family members, a calming presence in escalated situations, a positive connection for youth and even a reassurance for officers impacted by certain calls. Xerxes was a dedicated member of the Orono Police Department and we wish him a long and happy retirement – thank you for your service! 202 9 Embedded Social Worker Hennepin County established a new program in 2019 to have an embedded social worker amongst officers in police departments throughout the County. In 2022, Orono, along with 6 other local departments joined this program. The goal is to connect individuals that may be experiencing homelessness, mental health situations, and/or substance abuse issues with a social worker that can provide ongoing support, resources and appropriate services. Officers can provide referrals to the social worker when they are concerned about a citizen’s situation and ongoing care. In 2023, 120 cases were referred to our social worker. Positive impacts have been made from both the law enforcement system side and those that are experiencing these health concerns. High School Forensics Day The Orono High School offers a forensics class to their students. In this class, the students conduct multiple labs relating to forensic science that routinely occurs in law enforcement. The Orono Police Department, along with officers from West Hennepin Public Safety, have hosted a Forensics Day class for the past several years. The day includes sessions from the Hennepin County Medical Examiner’s Office, a K-9 demonstration and multiple interactive stations and scenario based incidents where the students play the role as police officers and interact with role players. They conduct traffic stops, with scenarios that officers encounter daily, including compliant drivers and drivers that need to be arrested. At another station, students can see, feel and try on different police equipment, including SWAT gear. The day provides some hands-on experiences for the students and a chance to have positive interactions with our officers. 2020-2021 15 workers 2019 5 workers 2022 31 workers 2023 45 workers Embedded Social Worker Expansion within Hennepin County 203 10 Unmanned Aerial Vehicles (UAV) Program This program was developed in 2020. The UAV’s provide us with better capabilities when searching an area for a lost or missing person along with a larger safety margin when dealing with critical incidents. The UAV was deployed without a search warrant 59 times in 2023. The reasons for a UAV deployment without a search warrant allowed by statute are provided below: Reason Code Reason 1 During or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person 2 Over a public event where there is a heightened risk to the safety of participants by bystanders 3 To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk 4 To prevent the loss of life and property in natural or man-made disasters and to facilitate operational planning, rescue, and recovery operations in the aftermath of these disasters 5 To conduct a threat assessment in anticipation of a specific event 6 To collect information from a public area if there is reasonable suspicion of criminal activity 7 To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road 8 Over a public area for officer training or public relations purposes 9 For purposes unrelated to law enforcement at the request of government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use The date of deployment and the reason code are required to be submitted to the BCA UAV Data Collecting Unit each year. The following are the number of times and the reason code for each deployment reported by our agency in 2023: Reason Code Number of Deployments 1 1 8 58 **All other reason codes = 0 204 11 Lake Minnetonka SWAT The Lake Minnetonka SWAT team is comprised of 14 officers from around Lake Minnetonka including Orono, Wayzata, South Lake Minnetonka, Minnetrista and West Hennepin Public Safety. These officers attend monthly trainings to stay current on regional and national trends, and put these skills to the test at the annual Minnesota Tactical Officers Association held at Camp Ripley. Lake Minnetonka SWAT makes the most out of their collaborative organization by combining the assets in place within each department to have the most amount of equipment and technology available to assist with resolving an active incident. In 2023, they saw the retirement of Lake Minnetonka SWAT Commander, Minnetrista Sgt. Pat Cummings, and Lake Minnetonka SWAT Assistant Commander, Orono Sgt. Tim Sonnek. South Lake Minnetonka Sgt. Mike O’Keefe was selected to take on the leadership position for the team, while Wayzata Sgt. Brad Schoenherr continues with his role as Team Leader and Orono Sgt. Ryan Spencer as Assistant Team Leader and Orono Officer Collin Palm became a new SWAT operator and has completed basic SWAT training. In 2023, they attended over 75 hours of SWAT specific training, and assisted the West Metro Drug Task Force with two high risk search warrants. Lake Minnetonka continues to recruit for open positions within their service area, and highlight the advanced training, team camaraderie, and service to their community and profession as the top reasons to join. 205 12 Crime and Activity Reporting Activity Summary 278 Investigative Cases 92 Theft Cases 52 Assaults 224 Department Arrests 47 Fraud/Forgery 5 Criminal Sexual Conduct 26 Death Investigations 7 Motor Vehicle Thefts 1 CVO (0 resulting in death) 13 Referred Vulnerable Adult Cases 13 Burglary Cases 0 Arson 129 Handgun Permit to Purchase 1 Robbery Case 0 Homicide 0 10 20 30 40 50 60 70 Homicide Rape Robbery Agg Assault Burglary Theft MV Theft Arson Part I / Group A Crimes Mound Orono Spring Park Mtka Beach Group A crimes reflect information on eight “serious” crime classifications. They consist of violent and property crimes. The data is submitted to the FBI for Uniform Crime Reporting. 206 13 Statistical Analysis Comparison of 2022 and 2023 Part I – Group A Crimes 2022 2023 % Change Homicide 1 0 -100% Rape 4 3 -25% Robbery 1 1 0% Aggravated Assault 15 11 -27% Burglary 26 13 -50% Theft 68 95 40% Motor Vehicle Theft 11 7 -36% Arson 0 0 0% Total 126 130 3% Supplemental Reporting Reported as a pursuit by a peace officer of a fleeing suspect in a motor vehicle. Pursuits 2021 2022 2023 6 5 4 Day of Week Call Volume Summary Day of the Week Priority 1 2 3 4 5 Total Sunday 1138 105 944 172 0 2359 Monday 1215 99 1146 284 0 2744 Tuesday 962 113 1199 315 0 2589 Wednesday 896 92 1214 318 0 2520 Thursday 1010 121 1214 347 1 2693 Friday 1095 105 1297 283 0 2780 Saturday 1231 89 1306 201 0 2827 Total 7547 724 8320 1920 1 18512 The Orono Police Department was dispatched a total of 18,512 calls in 2023. The highest call volume day of the week was Saturday. 207 14 Investigations Summary Robbery Officers responded to a call of a robbery at a business in Mound. The store employee told officers a male was purchasing a bottle of water and when the register opened to give him his change, the male reached over the counter, started grabbing money from the register and ran out. This is an open and ongoing investigation. Aggravated Assault Orono officers were called to a domestic disturbance with a weapon. It was learned that the suspect had been verbally assaulting his mother when it turned physical and he put his hands around her throat and held a knife to her threatening to cut her. She was able to get away from him before police arrived. The suspect was arrested, brought to Hennepin County Jail and is currently awaiting trial. Burglary A resident returned home to find that a landscape paver had been thrown through the kitchen window. Officers searched the home and noted that it was obvious the suspect went through several things inside and jewelry was reported to be missing. This is an open investigation. At another home, a victim reported to be missing multiple expensive handbags after moving to a new house. They identified a company that had been hired to do work in the home and video was captured of the possible criminal events. This is an on-going investigation. DWI/Drug Arrests Officers were dispatched to a suspected drunk driver who had just left a gas station. Officers located the vehicle which had driven home. While investigating the DWI, officers discovered the driver had forgotten to remove her young child from the vehicle when she arrived home with temps in the 30’s. The driver was subsequently 208 15 arrested for DWI and child neglect charges were sought after. The case remains open in Hennepin County Court. An officer performed a traffic stop on an RV. While speaking to the driver, officers saw raw sewage leaking from the bathroom area onto the parking lot. Officers learned the vehicle was not insured and had not had the title transferred. The driver was placed under arrest and during the search of the vehicle officers found over 50 grams of meth and drug paraphernalia. The driver was transferred to jail on multiple charges and is awaiting a court hearing. Stolen / Recovered Motor Vehicles Officers responded to a call at a residence and the reporting party stated that he had been doing yard work with his garage open and keys left inside of the vehicle. He saw two males pull up to his home, he walked into the garage and saw his Jeep was being backed out of his garage and then took off with the other vehicle following it. The vehicle was recovered in St. Paul. The case is pending latent evidence analysis. Multiple motor vehicle thefts occurred in 2023. Many of the vehicles were recovered and found to have been involved in thefts and other crimes all throughout the Metro area. Theft A theft of a 30ft trailer was reported containing a snowmobile, child’s ATV and other items and it was stolen from the victim’s business parking lot. During the investigation, a vehicle was identified as utilized in the theft of the trailer and its contents. Statements and search warrants were conducted, video surveillance and cell phone tower data was collected, which all identified the primary suspect. The trailer was recovered up North, 2 ½ hours away. Further investigation revealed involvement in several other thefts, spanning many other jurisdictions across Minnesota. The case was submitted to the Hennepin County Attorney’s Office for multiple charges. A theft by swindle occurred by a scam involving an elderly victim. The victim received a phone call and believed that a family member was in jail and they paid $6000.00 to a fake bondsman. A possible suspect has been identified and this case remains an open investigation. 209 16 Criminal Sexual Conduct Officers responded to an unwanted drunk male at an establishment. Management had told officers the male, in his 60s, was approaching teenage girls, offering them money for sexual favors. Management trespassed the male and he was arrested and charged with felony prostitution – hire or agree to hire 16-17 years old. The case is still open in Hennepin County Court. Assault Officers responded to a call of a mental health problem that turned into a domestic. They learned the girlfriend had been physically restrained, hit and choked multiple times. The male threatened to kill his girlfriend and himself. Ultimately, he was arrested, transported to jail and charged with felony domestic assault by strangulation and false imprisonment. He was convicted of felony threats of violence and gross misdemeanor 5th degree CSC. Officers were dispatched to an aggressive male trying to break into his own house with an axe to cause harm to his wife, mother-in-law and four children. Officers were able to intervene, ultimately deploying a less lethal 40 mm round and taking the male into custody and getting the family to safety. Criminal Neglect Multiple cases were combined together for the filing of Criminal Neglect Deprivation occurring over an extended period of time for a victim that suffered from dementia and other mental health issues. Officers responded to many welfare checks due to the male victim wandering around the city, often wearing dirty clothing and clothing not suitable for the weather. The wife was not supervising her husband, was allowing him to wander out alone and would often lock him out of the house. It was found that she was not cooperating with Hennepin County Adult Protection on the cases that were opened with them. Ultimately, enough evidence was gathered to support the charges of Criminal Neglect Deprivation. Officers were notified of a Hennepin County Adult Protection case regarding a non- English speaking adult male who had been neglected by his family. He had been living 210 17 in poor conditions for at least six months, in a bedroom in the basement with a single mattress, a blanket, a partially functioning bathroom and a mini-fridge with little to no food. Take-home food was occasionally brought to him from a restaurant that his son owned. The male has been trespassed at local businesses for stealing food. The male has been evaluated at a hospital and doctors told the son that his father needed to have 24-hour care. The son admitted to knowing and understanding the needs of his father, but still failed to provide the necessary medical care, supervision and basic living needs, stating that he doesn’t have the time and wanted the County to take over the care of his father. He was charged with Criminal Neglect. The victim is now at a nursing facility in Ramsey County and they will be filing for guardianship so he can get the supervision and medical care that he needs. Criminal Damage to Property Officers responded to a report of property damage that occurred in the parking lot of an apartment complex. A man had returned to his vehicle and found that bleach had been poured into the engine area and cab of his truck and that the mirrors were damaged and rocks were also found inside the cab, all causing over $6000.00 in damage. Officers viewed surveillance footage and identified the female suspect. She was arrested and subsequently found to be mentally ill. She is awaiting a hearing and a potential trial for the crime. Drug Overdose Officers were dispatched to an overdose which lead to a plain view discovery of narcotics in a vehicle. During the subsequent search a firearm was located in the vehicle which had been in possession of a convicted felon who was then arrested and charged with illegal possession of the firearm. Orono officers responded to multiple drug overdoses in 2023, all of which were non- fatal. The overdoses involved the drugs fentanyl, methamphetamine and prescription drugs. In two instances, the medicine Naloxone was administered, which works to reverse the opioid overdose and resuscitate the individuals who had taken the drugs. 211 18 West Metro Drug Task Force Collaborative Partnership The West Metro Drug Task Force (WMDTF) is a multi-agency coordination of drug enforcement in our communities. They work to reduce the supply of illegal narcotics and curb the criminal activity that is associated with drug abuse. The WMDTF is comprised of officers, deputies and sergeants from the Orono Police Department, Medina Police Department, Minnetrista Public Safety, West Hennepin Public Safety and the Hennepin County Sheriff’s Office. 2023 Statistics The WMDTF had another successful year in seizing large quantities of illegal narcotics and confiscating guns and removing them from the streets in our communities. They partnered with the DEA and FBI and participated in the High Intensity Drug Trafficking Area West Metro Initiative (HIDTA) program. Search Warrants…………........................ 113 Arrests……………………............................ 47 Charges…………………………………………..… 33 Indictments………………………………………… 3 Guns...………………………………………......... 58 Meth…………………………………….…. 8,881.94 g Cocaine…………………………..……….. 15,257.9 g Fentanyl…………………………....……… 2,017.2 g Marijuana……………………………... 37,082.90 g Heroin……………………………………………… 5.3 g Ecstasy………………………………………… 3.5 pills 212 19 Personnel Changes New Officers Melissa Klukas came to us with 5 years prior experience from the Mounds View Police Department. She has a Bachelor of Arts Degree in criminal justice from St. Cloud State University. Officer Klukas joined the Orono Police department in January of 2023. Jennifer Lyrek joined our department in February of 2023. Her prior experience was with the Hennepin County Sheriff’s Department. Officer Lyrek has a Bachelor of Arts Degree from Upper Iowa University. Nicholas Schwarz is a new police officer and started with the Orono Police Department in July of 2023. He has an Associate of Applied Science Degree from Alexandria Technical College. New CSO Cadets Izzy Bagan joined our CSO-Cadet program in 2023. She is an Orono High School graduate and is currently enrolled in St. Thomas University where she is double-majoring. She is an Orono Police Explorer and since her employment, she has also gone to reserve school and became Emergency Medical Responder certified. 213 20 Kohlton Beck joined our CSO-Cadet program in 2023. He is a Delano High School graduate and is in his first year of the two-year program at Alexandria Technical College. He is also an Orono Police Explorer. Promotions Tony Wittke was promoted to Deputy Chief on May 29, 2023. He has been with the department for 26 years and was a sergeant for more than 16 years. He began his career as a reserve officer, promoted to police officer, sergeant and has also served as an instructor for Use of Force and Firearms. Congratulations Tony! Ryan Spencer was promoted to sergeant on May 29, 2023. He has been with the department for more than 10 years and overall has 18 years of experience as a police officer. Within his time here at Orono, Sgt. Spencer has been a field training officer (FTO), and served positions on the drug task force, the Use of Force and Firearms instructor teams and Lake Minnetonka SWAT. Congratulations Ryan! Retirements / Departures Chris Fischer started as a police reserve in December of 1989. He was hired as a full-time police officer on June 8, 1998, was promoted to sergeant in 2005 and in January of 2013 was promoted to Deputy Chief. Fischer served more than 30 years in law enforcement, with his entire career being on the Orono Police Department. His tenure also included the positions of investigator, field training officer and a member of the West Metro Drug Task Force. He retired on May 28, 2023. We wish him all the best in retirement. 214 21 Trent Wiebusch started with Orono PD as an officer on January 1, 2022. During his time at Orono, he was an instrumental part of our patrol division. Trent accepted a police officer position with Chaska PD and his last day was July 24, 2023. Brad Schoenherr joined the Orono Police Department on January 1, 2013. He served our department for more than 10 years and overall, has 23 years of experience as a police officer. Officer Schoenherr accepted a sergeant’s position with the Wayzata Police Department and his last day was April 16, 2023. Jay Dembouski retired from the Orono Police on May 22, 2023 after more than 32 years with the department. Dembouski was also a field training officer. He had a wealth of knowledge and was very well-respected among fellow officers and young recruits just beginning their careers. He will be dearly missed. 215 Item No.: 13 Date: February 26, 2024 Presenter: Adam Edwards Presenter: City Administrator / Engineer Section:Closed Session Title: Annual Performance Review of the City Administrator 1.Purpose: The meeting will be closed as permitted by §13D.05, Subd. 3(a), to evaluate the performance of the City Administrator. The purpose of this item is for the City Council to provide feedback on the City Administrator's performance over the preceding year. 2.Background: Per the City Personnel Policy all employees are to receive a performance review annually by their supervisor. As the City Administrator reports directly to the City Council, the Council should provide the review. 3.Process: a. The City Administrator will provide the Council with the employee input form and a draft annual evaluation form. b. The Council should review the submitted forms and be prepared to provide feedback on the following: 1. Performance in 2023, including consensus on the overall performance level, and 2. Expectations for 2024. c. For reference, the Administrator responsibilities are broken down into three main areas below, including the City Engineer function: Lead Staff. Provide leadership to and manage the activities of the city staff and consultants to ensure city functions are provided in an efficient and resident focused manner. Create and maintain a professional and positive work environment. Support Council. Ensure the City Council is provided with the information and professional advise need to make sound decisions. Ensure policies and directives of the council are carried out. Foster healthy working relationship between Council, staff and the community. Coordinate with other agencies. Facilitate intergovernmental cooperation with neighboring communities and other government and non-profit partners, including shared services and other cooperative ventures. City Engineer. Prepare, resource and manage programs and project to maintain and improve the City's infrastructure. Provide engineer advice to city departments. 4.Staff Recommendation: I recommend the Council provide the required annual review. AGENDA ITEM COUNCIL ACTION REQUESTED Provide the annual review for the City Administrator's performance in 2023. 216