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04-08-2024 CC Agenda Packet
Agenda City Council Meeting Monday, April 8, 2024, 6:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /https://www.oronomn.gov/ 1. City Council Minutes 2. Claims/Bills 3. Rental Licenses 4. Grant for Traffic Safety Vehicle - Resolution 7461 5. Grant for Police Officer - Resolution 7462 6. Contract for Scheduling Software - Resolution 7467 7. Donation for Police Equipment - Resolution 7468 8. Hire Parks Maintenance Employee 9. Hire Seasonal Brush Site Attendants 10. Big Island Dock Rental License and Contract Amendment 11. LA24-000013, City Code Text Amendments, Chapters 54, 78, and 94  - Ordinance Nos. 302, 303 and 304, Third Series 12. LA24-000009, Revision LLC, 797 Ferndale Road N, Variances - Resolution 7463 13. LA24-000011, Robey Construction o/b/o Steve Streich, 1487 Shoreline Dr, Variances - Resolution No. 7464 14. LA24-000012, Robert Breon, 2700 Casco Point Road, Variances - Resolution 7465 15. LA24-000008, GreenWood Design Build o/b/o Brenda Iversen, 1850 Lakeside Trail, Variance 16. 975 Long Bridge Lane, Outdoor Excapes and Hendel Homes o/b/o Paul and Andrea Scott, Encroachment Agreements 17. Pay for On-Call and Certifications 18. Hire Part-Time Firefighters 19. Consider Public Road Petition (Mr. Ryan Ortlip) 20. Award Contract for 2024 Streets Maintenance Project 21. Work Session Schedule Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda Community Development Report Public Safety Report Attorney Report City Administrator/Engineer Report Council Committee Reports Sign up for email notifications at https://www.oronomn.gov/ 1 22. Review Council Committee Reports 23. Closed session to discuss Long Lake v. Orono litigations Public Comments - (Limit 3 Minutes per Person) This is an opportunity for the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. The council will first open the podium to Orono residents before opening the podium to any member of the public wishing to address the council. Mayor/Council Report Closed Session Adjournment Upcoming Events Apr 10 Coffee with the Mayor Apr 12 Voting Opens - County Commissioner District 6 Apr 15 Planning Commission Apr 22 City Council Sign up for email notifications at https://www.oronomn.gov/ 2 Date: April 8, 2024 Item: 1 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: City Council Minutes 1.Purpose: The purpose of this item is to approve the City Council Meeting Minutes and the City Council Work Session Minutes of March 11, 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 March 11, 2024. Exhibits A. 03-11-2024 CC Minutes - work session B. 03-11-2024 CC Minutes 3 Minutes City Council Work Session Monday, March 11, 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 Alisa Benson, Matt Johnson, and Maria Veach. Staff present: City Administrator/Engineer Adam Edwards and City Clerk Christine Lusian. TECHNOLOGY USE AT DIAS Administrator Edwards introduced the topic of using technology, specifically cell phones, at the dias during public meetings. Council discussed the appropriateness of city council members exchanging messages during official meetings in various situations, like with members of the public outside of public comment period, during closed sessions, with staff, and with each other. Edwards clarified that the city attorney advised councilmembers not to exchange messages with each other, to prevent violation of open meeting law.Council members also reminded each other of the resources available from the League of Minnesota Cities Meetings of Councils or the International City/County Management Association Code of Ethics if council decides to develop its own policy. COUNCIL-STAFF TIME Administrator Edwards introduced the topic of council members individually directing staff or using staff time. Council discussed the practice of keeping interactions with staff to a minimum and less than 15 minutes if it is an emergency. Council members discussed that its statutory duties are to be performed by the council as a whole. Council members have no administrative authority as individuals and do not give orders to staff to avoid liability for taking unauthorized actions. Members reminded each other of the resources available, like the LMC Handbook for elected officials for guidance on its role.Edwards reminded council that any new, controversial, and/or time-consuming interaction should go through Edwards for the evaluation of resources, priorities, and schedules. Edwards also reminded the group that campaign season is approaching and while campaign signs are allowed on private property, city roles are non-partisan and any political activity during business hours or using city resources would violate personnel policy. CIVILITY OF ELECTED AND APPOINTED Administrator Edwards introduced the topic of civility and conduct of council members and elected or appointed officials. Council discussed policy language from other cities and the option to develop its own guidelines for conduct between members and with the public.Members agreed that everyone should feel safe and discussed the meeting procedure and maintaining order during meetings. Members also discussed different leadership and personality styles and various examples and levels of inappropriate behavior. Staff will draft a cheat sheet to help remind members and the public of the meeting procedures required by city code and the procedures and penalties for unacceptable behavior. 4 Minutes City Council Work Session Monday, March 11, 2024, 5:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 ADJOURNMENT Work session ended at 5:55 p.m. ATTEST:CITY COUNCIL ________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 5 Minutes City Council Regular Meeting Monday, March 11, 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 Matt Johnson,Alisa Benson, and Maria Veach.Members absent: Richard Crosby III Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,Park Director Josh Lemons, Fire Chief James Van Eyll, Community Development Director Laura Oakden and City Planner Natalie Nye. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA CONSENT AGENDA 1.City Council Meeting Minutes February 26, 2024 2.Approve Next Work Session Draft Agenda This item was removed from the consent agenda 3.Claims/Bills 4.Election Recap 5.Accept Donation –Park Bench for Golf Course –Resolution 7457 6.Appoint Seasonal Employees 2024 V. 1 7.Accept Resignation of Parks Maintenance Worker and Authorize Recruitment 8.Annual Performance Review of City Administrator 9.LA24-000014, Neil Webber o/b/o Orono Apartments LLC 2475 Kelley Parkway, Final Master Development Plan –4th Extension, Resolution 7455 10.Reappointment Planning Commissions –Resolution 7454 11.City Code Update -Adopt Ordinances 298-301 12.Pickleball Project Grant Application –Resolution 7459 This item was removed from the consent agenda Johnson moved, Benson seconded, to approve the Agenda and the Consent Agenda with Items 2 and 12 removed. VOTE:Ayes 4, Nays 0. 2. Approve Next Work Session Draft Agenda Benson moved, Veach seconded, to approve the next Work Session Draft Agenda. VOTE: Ayes 4, Nays 0. PRESENTATIONS 13.Long Lake Fire Department Annual Report The annual report of the Long Lake Fire Department was presented by Fire Chief Mike Heiland and Cody Farley, assistant chief,using a Power Point presentation. 6 Minutes City Council Regular Meeting Monday, March 11, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 4 14.Minnehaha Creek Watershed District Presentation –Resolution 7453 James Wisker, district administrator of the Minnehaha Creek Watershed District,reported on the Watershed District and its activities and asked for support of the Long Lake Creek Watershed partnership management project. Veach moved, Johnson seconded, to adopt a resolution of support for the County Road 6 Pond Retrofit Project. VOTE: Ayes 4, Nays 0. COMMUNITY DEVELOPMENT REPORT 12.Pickleball Project Grant Application –Resolution 7459 Park Director Lemons presented information on the Pickleball Project Grant application and asked for approval to submit a grant application by April 1. Veach moved, Johnson seconded, to adopt a resolution authorizing staff to submit a Pickleball Project Grant application.VOTE: Ayes 4, Nays 0. 15.LA23-000062, Peter Eskuche, 4423 North Shore Drive, Variances, Resolution 7452 The City Council is requested to review the Staff report, receive a presentation, and discuss,and if satisfied with the proposed modifications from the two previous City Council reviews of this variance request, to adopt Resolution 7452 for variances for LA23-000062. The Council discussed the item and asked questions of staff and the applicant, Peter Eskuche of Eskuche Designs. Johnson moved, Veach seconded, to adopt Resolution 7452 for variances for LA23-000062 as modified from the original plan. VOTE: Ayes 3, Nays 1 (Benson). 16.LA24-000003, Brett Larson, 2480 Carman Street, Sketch Plan The City Council is requested to review the Staff report, receive a presentation, and discuss and provide feedback on the proposed sketch plan. The Council discussed the item and asked questions of staff and the applicant, Brett Larson, 2480 Carman Street, Orono. Guidance from City Council members was that they would not be in favor of rezoning the property to allow for higher density. Community Development Director Oakden presented a report on building permit revenues indicating winter is the slowest time of year for building permits. PUBLIC SAFETY REPORT 7 Minutes City Council Regular Meeting Monday, March 11, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 4 17.Approve Orono Firefighters’Relief Association Bylaws Fire Chief Van Eyll gave a presentation on the Orono Firefighters’ Relief Association Bylaws. The City Council is requested to receive the presentation and discuss and approve the Firefighters’ Relief Association bylaws. Walsh moved, Johnson seconded, to approve the Firefighters’ Relief Association Bylaws. VOTE: Ayes 2, Nays 1 (Benson), Abstain 1 (Veach). CITY ATTORNEY REPORT None. CITY ADMINISTRATOR/ENGINEER REPORT 18.Accept Quotes for Temporary Fire Stations –Resolution 7456 The City Council is requested to review the Staff report, receive a presentation, and discuss and adopt the resolution accepting bids for the conversion of the public works garage to a temporary fire station to use from July 1, 2024 to the end of the contract with Long Lake in January 2026 and to accept donations of items from the City of Chaska. The Council discussed the item and asked questions of staff. Walsh moved, Johnson seconded, to adopt the resolution accepting bids for conversion of the public works garage as a temporary fire station and to accept donated items from the City of Chaska. VOTE: Ayes 3, Nays 1 (Benson). 19.Navarre Fire Garage Facility –Resolution 7458 The City Council is requested to review the Staff report, receive a presentation, and discuss and approve the resolution rejecting bids to build a Navarre Fire Garage Facility and to instead design and build an extension on the existing garage at the Navarre Water Plant as a temporary facility for 18 months. The Council discussed the item and asked questions of staff. Walsh moved, Johnson seconded, to adopt Resolution 7458 to reject all bids for a Navarre Fire Garage and authorize staff to use the existing contract with Ortel to design an extension to the Navarre Water Plant. VOTE: Ayes 3, Nays 1 (Benson). RECESS & RECONVENE Mayor Walsh recessed the meeting at 7:41 p.m. The meeting was reconvened at 7:46 p.m. PUBLIC COMMENTS 8 Minutes City Council Regular Meeting Monday, March 11, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 4 of 4 Barbara Peterson, 1261 Arbor St., Orono; Kevin Reilley, 3405 High Lane, Orono; Dave Pierson, 2160 Webber Hills Rd.; Penny Saiki, 2874 Casco Point Rd, Orono;Kelly Prchal, 4705 Watertown Rd, Orono; Kim Carswell, 261 Cygnet Place; Orono; James Elder, 195 South Brown Rd, Orono; Deb Cornick, 4305 Chippewa Lane, Orono;Sue Schwalbach, Wayzata; Evie Knapp, 85 Cristofori Circle, Orono; Kelly Grady, 271 Greenhill Lane, Long Lake; Rich Anderson, 3205 Crystal Bay Rd, Orono;Helen Landgraver, 2570 Thoroughbred Lane;Orono provided comments. MAYOR/COUNCIL REPORT Mayor and Council provided reports. ADJOURNMENT Walsh moved, Johnson seconded, to adjourn the meeting at 8:41 p.m.to Monday, April 8, 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 April 8, 2024. Meeting videos and transcripts available at oronomn.gov. 9 Date: April 8, 2024 Item: 2 Presenter: Alicia Johnson, Resource Management Technician 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 123095 to 123265 and ACH transactions 20130446 to 20130456 totaling $828,358.35. 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 A. Check Register2024-04-08.pdf 10 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount DAVID& JILLIAN KALOGERSON 03/12/2024 122993 425 TONKA 999-10015 UB REFUND - 425 TONKAWA RD 45.47- Total 122993:45.47- ABEL HEATING AND COOLING 03/22/2024 123095 M23-000107 101-19999 BP REFUND - M23-000107 - 3554 LYRIC AVE 70.86 Total 123095:70.86 ACTION FLEET INC.03/22/2024 123096 I6784 701-49800-222 DTF EDGE SET UP 4,011.49 Total 123096:4,011.49 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-240 MECHANIC TOOLS 116.84 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 SHOP SUPPLIES 22.95 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-240 MECHANIC TOOLS 67.23 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-221 VEHICLE TRAILER PLUG 35.16 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-240 MECHANICS TOOLS 9.55 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 SHOP SUPPLIES 15.12 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 SHOP SUPPLIES 14.02 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-240 MECHANICS TOOLS 17.25 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-240 MECHANICS TOOLS 10.01 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 SHOP SUPPLIES 23.92 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 SHOP SUPPLIES 9.28 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 SHOP SUPPLIES 9.45 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-240 MECHANIC TOOLS 26.72 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 SHOP SUPPLIES 11.28 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 BRAKE CLEANER 107.36 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-240 MECHANIC TOOLS 62.81 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-222 BRINE TANK PARTS 12.10 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-222 BRINE TANK PARTS 302.21 AMAZON CAPITAL SERVICE 03/22/2024 123097 177F-9NCX-701-49800-215 SHOP SUPPLIES 173.05 AMAZON CAPITAL SERVICE 03/22/2024 123097 19XL-R7JT-701-49800-215 CREDIT ON SILICONE RETURN 13.97- AMAZON CAPITAL SERVICE 03/22/2024 123097 1J1T-QT44-X 601-49400-221 TAGS FOR WATER PLANTS 9.98 AMAZON CAPITAL SERVICE 03/22/2024 123097 1J1T-QT44-X 101-43000-240 STYLUS PENS FOR IPAD Public Works Department 21.94 AMAZON CAPITAL SERVICE 03/22/2024 123097 1J1T-QT44-X 101-43000-489 PROMOS DISCOUNT Public Works Department 1.10- AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-221 SHOP LIGHT FOR ERIC 68.59 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 GRADER CORDS FOR PLUG IN 77.88 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-222 FLOOR MATS 21.59 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-222 407/421 FLOORS MATS 42.52 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 TOOL BOX ORGANIZER 34.99 11 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-222 STRAPS 16.87 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-222 ELECTRICAL TRUCK 700 24.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 MECHANICS GLOVES 37.06 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-222 TRUCK 700 BUILD 219.98 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 MECHANICS LGHT 16.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 ERICS CHAIR 129.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 MECHANICS STOOL 37.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 AIR FITTINGS 19.62 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 AIR FITTINGS 25.88 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 AIR HOSE 18.95 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-222 TRUCK LATCH RUBBER 17.88 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-222 433 TOW STRAP 61.88 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-101-41900-201 OFFICE SUPPLIES - WIRE ORGANIZER RACK Central Services 9.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-101-41900-201 OFFICE SUPPLIES - 12 OZ FOAM CUP Central Services 60.55 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-101-41900-201 OFFICE SUPPLIES - EASY PEEL ADDRESS LABE Central Services 43.74 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-101-41900-201 OFFICE SUPPLIES - AVERY POSTCARDS Central Services 113.94 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-710-49970-221 SILICONE SKINS PROTECTIVE 13.97 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-221 QUICK CONNECT 12.17 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 PPE RUBBER GLOVES 156.60 AMAZON CAPITAL SERVICE 03/22/2024 123097 1K6Q-3RKP-701-49800-215 ZIP TIES 15.48 AMAZON CAPITAL SERVICE 03/22/2024 123097 1KFY-6HWY-101-42110-201 OFFICE SUPPLIES/COMPUTER CASE Police Department 26.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-701-49800-221 #9 DUSTPAN & BROOM 8.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-701-49800-221 #10 KELCIE'S PICK BRUSH- SHOE & BOOT CLEA 21.95 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-101-42110-201 #11 CASH/MONEY BOX Police Department 19.79 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-101-42260-219 #5 MEDICAL SUPPLIES Fire Protection Services 100.30 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-101-42260-226 #6 VELCRO FOR PAR TAGS Fire Protection Services 18.24 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-101-42260-219 #7 MEDICAL SUPPLIES - TOURNIQUETS Fire Protection Services 39.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-101-42260-219 #8 MEDICAL SUPPLIES - STATPACKS Fire Protection Services 1,250.00 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-701-49800-215 #1 SHOP SUPPLIES 19.76 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-701-49800-215 #2 SHOP SUPPLIES 12.74 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-701-49800-215 #3 SHOP SUPPLIES 8.94 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-701-49800-215 #4 SHOP SUPPLIES 45.36 AMAZON CAPITAL SERVICE 03/22/2024 123097 1Q1J-T1MW-101-41300-489 #12 SHIPPING CHARGES Administration 1.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1TLF-M3XK-701-49800-221 CITY ADMIN CAR FLOOR MATS 26.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1TLF-M3XK-710-49970-221 PLOTTER MACHINE PRINTHEAD 464.92 AMAZON CAPITAL SERVICE 03/22/2024 123097 1TLF-M3XK-710-49970-221 LURTON PARK ARLO SOLAR PANEL 34.99 AMAZON CAPITAL SERVICE 03/22/2024 123097 1TLF-M3XK-710-49970-221 CHARGING STATION - PW 205.93 Total 123097:4,671.12 12 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount American Environmental LLC 03/22/2024 123098 3470 602-49450-406 CCTV INSPECTION OF SEWER Sewer 2,374.05 Total 123098:2,374.05 ANDREW HUELER 03/22/2024 123099 RPS22-0001 101-22205 ESCROW REFUND-RPS22-000156 - 2910 LILLIAN 9,000.00 Total 123099:9,000.00 AT&T MOBILTY 03/22/2024 123100 2873263270 101-41900-321 MOBILE SERVICE/AT&T Central Services 1,794.39 AT&T MOBILTY 03/22/2024 123100 2873263283 101-42400-321 AT&T BILL 1/26/24-2/25/24 Building & Zoning 331.88 AT&T MOBILTY 03/22/2024 123100 2873263283 101-45200-321 AT&T BILL 1/26/24-2/25/24 Parks 229.38 AT&T MOBILTY 03/22/2024 123100 2873263283 101-43000-321 AT&T BILL 1/26/24-2/25/24 Public Works Department 924.33 AT&T MOBILTY 03/22/2024 123100 2873263283 101-41900-321 AT&T BILL 1/26/24-2/25/24 Central Services 405.39 AT&T MOBILTY 03/22/2024 123100 2873263283 601-49400-321 AT&T BILL 1/26/24-2/25/24 242.40 AT&T MOBILTY 03/22/2024 123100 2873263283 602-49450-321 AT&T BILL 1/26/24-2/25/24 Sewer 165.94 AT&T MOBILTY 03/22/2024 123100 2873263283 101-43100-321 AT&T BILL 1/26/24-2/25/24 Brush Site 1,082.75- Total 123100:3,010.96 Axon Enterprises Inc 03/22/2024 123101 INUS230676 101-42110-437 TASER SUPPLIES/PRACTICE TARGET Police Department 266.86 Total 123101:266.86 BARRY KNIGHT 03/22/2024 123102 KNIGHT - 42 999-10015 UB REFUND - KNIGHT - 425 TONKAWA RD 7.02 Total 123102:7.02 BOLTON & MENK INC.03/22/2024 123103 0332010 435-48976-304 23-001 STREETS PROJECT 166.00 BOLTON & MENK INC.03/22/2024 123103 0332011 408-48800-590 21-040 NAVARRE PARKING LOT 166.00 BOLTON & MENK INC.03/22/2024 123103 0332060 601-16500 23-020 LEAD SERVICE LINE INVENTORY PROJE 1,974.00 BOLTON & MENK INC.03/22/2024 123103 0332385 602-16500 23-014 SANITARY SEWER REHABILITATION 369.00 BOLTON & MENK INC.03/22/2024 123103 0332386 602-16500 22-021 FORCEMAIN REPLACEMENT (TONKAWA)166.00 Total 123103:2,841.00 BOYER TRUCKS - ST MICHAEL 03/22/2024 123104 093P10698 701-49800-221 FIRE TRUCK 506 PARTS 3,183.09 Total 123104:3,183.09 CAMPBELL KNUTSON 03/22/2024 123105 2717-0000G 101-41600-307 ADMINISTRATION/GENERAL MATTERS 02/24 Law/Legal Services 4,462.72 13 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CAMPBELL KNUTSON 03/22/2024 123105 2717-0004G 101-42110-307 POLICE MATTERS 02/24 Police Department 85.00 CAMPBELL KNUTSON 03/22/2024 123105 2717-0740G 703-49960-379 LITIGATION - MERA CLAIM 3,140.15 CAMPBELL KNUTSON 03/22/2024 123105 2717-0801G 101-41600-307 COUNCIL MEETINGS 02/24 Law/Legal Services 1,326.00 CAMPBELL KNUTSON 03/22/2024 123105 2717-0802G 101-42400-307 B&Z ASSISTANCE 02/24 Building & Zoning 867.00 CAMPBELL KNUTSON 03/22/2024 123105 2717-0803G 101-41600-307 ORDINANCES 2/24 Law/Legal Services 3,560.19 CAMPBELL KNUTSON 03/22/2024 123105 2717-0805G 101-42260-307 FIRE MATTERS Fire Protection Services 136.00 CAMPBELL KNUTSON 03/22/2024 123105 2717-0844G 703-49960-379 LMCD/DRAGONFLY HILL 34.00 CAMPBELL KNUTSON 03/22/2024 123105 2717-0896G 101-43280-307 LA23-000062 3838 CHERRY AVE Special Services 192.50 CAMPBELL KNUTSON 03/22/2024 123105 2717-0897G 101-43280-307 LA23-000064 2405 DUNWOODY AVE Special Services 82.50 CAMPBELL KNUTSON 03/22/2024 123105 2717-0898G 101-43280-307 LA23-000066 2605 MAPLERIDGE LANE Special Services 82.50 CAMPBELL KNUTSON 03/22/2024 123105 2717-0899G 101-43280-307 LA23-000068 3400 FOX STREET Special Services 110.00 CAMPBELL KNUTSON 03/22/2024 123105 2717-0900G 101-43280-307 LA23-000067 3245 WAYZATA BLVD Special Services 82.50 Total 123105:14,161.06 CECE S SIGNS INC 03/22/2024 123106 9521 602-49450-227 SIGNS FOR LIFT STATIONS Sewer 60.00 Total 123106:60.00 CENTRAL PENSION FUND SOU 03/22/2024 123107 03.21.2024 F 101-21705 CENTRAL PENSION FUND 03.21.2024 1,120.00 Total 123107:1,120.00 CHAMBERLAIN FINE CUSTOM 03/22/2024 123108 RPS22-0001 101-22205 ESCROW REFUND - RPS22-000156 - 2910 LILLIA 1,000.00 Total 123108:1,000.00 CITY OF BLOOMINGTON 03/22/2024 123109 23363 601-49400-489 LAB FEES 70.00 Total 123109:70.00 CITY OF LONG LAKE 03/22/2024 123110 02.2024 UTIL 601-49400-387 FEB 2024 WATER SERVICE 1,508.78 CITY OF LONG LAKE 03/22/2024 123110 02.2024 UTIL 602-49450-387 FEB 2024 SEWER SERVICE Sewer 1,964.86 Total 123110:3,473.64 City of Orono Utilities 03/22/2024 123111 02.2024 234 601-49400-382 2024.01 UB - WTP 159.56 City of Orono Utilities 03/22/2024 123111 02.2024 CH&101-41900-382 2024.02 UB CH Central Services 244.34 City of Orono Utilities 03/22/2024 123111 02.2024 CH&101-42110-382 2024.02 UB PD Police Department 244.34 City of Orono Utilities 03/22/2024 123111 02.2024 PO 101-41900-382 2024.02 UB - PO Central Services 87.78 14 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount City of Orono Utilities 03/22/2024 123111 02.2024 PW 101-41900-382 2024.02 PW Central Services 145.76 Total 123111:881.78 CITY OF WAYZATA 03/22/2024 123112 02.2024 UTIL 601-49400-387 FEB 2024 WATER 2,479.10 CITY OF WAYZATA 03/22/2024 123112 02.2024 UTIL 602-49450-387 FEB 2024 SEWER Sewer 5,168.10 Total 123112:7,647.20 CIVICPLUS LLC 03/22/2024 123113 294126 614-49840-329 CITY CODE SUPPLEMENT Cable Franchise 1,868.00 Total 123113:1,868.00 CROWN COLLEGE 03/22/2024 123114 15 -EMT CLA 101-42260-437 EMT TRAINING FOR FF MARTIN Fire Protection Services 1,600.00 Total 123114:1,600.00 EARL F ANDERSON & ASSOC 03/22/2024 123115 0135547-IN 101-43000-224 SIGN FOR DIST. 1 Public Works Department 1,586.70 EARL F ANDERSON & ASSOC 03/22/2024 123115 0135551-IN 101-43100-223 BRUSH SITE SIGN Brush Site 182.55 Total 123115:1,769.25 ECM PUBLISHERS INC 03/22/2024 123116 988286 101-41410-340 ELECTION PUBLIC ACCURACY TEST LEGAL NO Elections 36.60 ECM PUBLISHERS INC 03/22/2024 123116 988287 101-42400-340 PH FOR B&Z Building & Zoning 170.80 ECM PUBLISHERS INC 03/22/2024 123116 989145 601-49400-352 ORD 289 - DISCONTINUANCE OF UTILITIES LEG 24.40 ECM PUBLISHERS INC 03/22/2024 123116 989145 602-49450-352 ORD 289 - DISCONTINUANCE OF UTILITIES LEG Sewer 24.40 ECM PUBLISHERS INC 03/22/2024 123116 989146 101-45200-352 ORD 290 - PARKS/SWIMMING POOL CONDUCT L Parks 54.91 ECM PUBLISHERS INC 03/22/2024 123116 989147 101-41900-352 ORD 291 / CH 34 - Alcohol Operations Central Services 48.80 ECM PUBLISHERS INC 03/22/2024 123116 989148 602-49450-352 ORD 292 / CH 58 - Site Sewage Disposal Sewer 67.11 ECM PUBLISHERS INC 03/22/2024 123116 989149 101-42110-352 ORD 293 / CH 70 - JUVENILE CURFEW Police Department 42.71 ECM PUBLISHERS INC 03/22/2024 123116 989150 101-41900-352 ORD 294 / CH 50 - CONTROLLED SUBSTANCE Central Services 42.71 ECM PUBLISHERS INC 03/22/2024 123116 989151 101-19999 ORD 295 / CH 38 - PUBLIC DANCES 42.71 ECM PUBLISHERS INC 03/22/2024 123116 989152 101-41900-352 ORD 296 / CH 18 - SIDEWALK, PUBLIC PLACES Central Services 48.80 ECM PUBLISHERS INC 03/22/2024 123116 989153 101-41900-352 ORD 297 - MEDIACOM FRANCHISE EXTENSION Central Services 42.71 ECM PUBLISHERS INC 03/22/2024 123116 989718 613-49830-340 LEAGUE ADS Golf Course 313.20 Total 123116:959.86 EMERGENCY TECHNICAL DEC 03/22/2024 123117 1157 101-42260-310 GEAR CLEANING AND REPAIR Fire Protection Services 266.00 15 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123117:266.00 Erosion Products LLC 03/22/2024 123118 INV-2024031 651-49910-227 BLANKET FOR GRASS Storm Water 125.80 Erosion Products LLC 03/22/2024 123118 INV-2024031 651-49910-227 BLANKET FOR GRASS Storm Water 188.70 Total 123118:314.50 FERGUSON WATERWORKS #25 03/22/2024 123119 0525706 601-49400-489 MAINTENANCE FEE 2,475.00 Total 123119:2,475.00 FIDELITY SECURITY LIFE INSU 03/22/2024 123120 166173551 101-21716 VISION PLAN 03.2024 291.27 Total 123120:291.27 FORCE AMERICA DISTRIBUTIN 03/22/2024 123121 IN001-18083 701-49800-221 PLOW JOYSTICK 211.42 Total 123121:211.42 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-293671 701-49800-222 PD SQUAD 264 DURANGO BELT 35.10 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593469 701-49800-222 PD FILTERS 30.56 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593546 701-49800-222 FILTERS 153.42 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593590 701-49800-222 BATTERY CORE DEPOSIT 36.00- GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593634 701-49800-222 PD DURANGO BRAKES 295.44 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593656 701-49800-222 PD DURANGOS EMERGENCY SERVICE ROTOR 199.00 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593724 701-49800-222 PD SQUAD 264 DURANGO MOTOR MOUNT 269.08 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593729 701-49800-222 PD DURANGO BRAKES, ROTORS, PADS 236.99 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593913 701-49800-222 PD SQUAD 255 DURANGO MOTOR MOUNTS 269.08 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-593944 701-49800-222 PD MOTOR MOUNTS 269.08 GENUINE PARTS COMPANY/NA 03/22/2024 123122 3270-594139 701-49800-222 PD SQUAD 267 DURANGO RADIATOR 216.22 Total 123122:1,937.97 GOPHER ACE 03/22/2024 123123 019445/1 101-45200-404 PAINT Parks 8.59 GOPHER ACE 03/22/2024 123123 019476/1 701-49800-215 TAP AND DIE 15.98 GOPHER ACE 03/22/2024 123123 019478/1 101-43000-226 PPE GLOVES Public Works Department 33.62 GOPHER ACE 03/22/2024 123123 019565/1 601-49400-201 RUBBER BANDS 1.79 GOPHER ACE 03/22/2024 123123 019567/1 701-49800-215 FIRE TRUCK 505 13.12 GOPHER ACE 03/22/2024 123123 019572/1 701-49800-215 FIRE TRUCK BOLTS 13.60 16 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 03/22/2024 123123 019576/1 701-49800-215 FIRE TRUCK BOLTS 2.68 GOPHER ACE 03/22/2024 123123 19470/1 101-43000-226 PPE GLOVES Public Works Department 21.99 GOPHER ACE 03/22/2024 123123 19509/1 601-49400-405 PLUG FOR WELL #3 2.99 GOPHER ACE 03/22/2024 123123 19537/1 701-49800-215 505 LIGHTS 6.32 GOPHER ACE 03/22/2024 123123 19543/1 701-49800-215 505 SET UP 7.56 GOPHER ACE 03/22/2024 123123 19592/1 701-49800-215 BOLTS 11.34 GOPHER ACE 03/22/2024 123123 19598/1 701-49800-215 BOLTS 11.47 GOPHER ACE 03/22/2024 123123 19611/1 101-45200-223 PACKING TAPE FOR THE MOVE Parks 8.59 Total 123123:159.64 GUARDIAN FLEET SAFETY 03/22/2024 123124 232695 101-42110-550 SQUAD SETUP #273 Police Department 1,004.55 Total 123124:1,004.55 HAWKINS INC 03/22/2024 123125 6709028 601-49400-216 CHLORINE TANKS 110.00 HAWKINS INC 03/22/2024 123125 6713980 601-49400-216 CHEMICALS 4,440.90 Total 123125:4,550.90 HENNEPIN COUNTY INFOR TE 03/22/2024 123126 1000223525 101-43000-415 PW RADIOS Public Works Department 305.58 HENNEPIN COUNTY INFOR TE 03/22/2024 123126 100223502 101-42110-414 RADIO/MDC LEASES Police Department 3,085.54 Total 123126:3,391.12 International Union Local #49 03/22/2024 123127 03.2024 DUE 101-21707 LOCAL 49 DUES - 03/2024 490.00 Total 123127:490.00 JH LARSON COMPANY 03/22/2024 123128 S103075891.601-49400-405 FUSES 320.69 Total 123128:320.69 KATIE & VINCENT WIGDAHL 03/22/2024 123129 900 N SHOR 999-10015 UB REFUND - 900 N SHORE DR W 100.29 Total 123129:100.29 KIRVIDA FIRE 03/22/2024 123130 12196 101-42260-402 REPAIRS TO LADDER TRUCK PUMP Fire Protection Services 1,053.71 17 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123130:1,053.71 KODIAK POWER SOLUTIONS 03/22/2024 123131 13398009 602-49450-403 REPAIR GENERATOR LS #32 BRACKETTS POINT Sewer 1,761.61 Total 123131:1,761.61 LAW ENFORCEMENT LABOR S 03/22/2024 123132 03.2024 DUE 101-21707 LELS DUES - LOCAL 168 03/2024 352.50 LAW ENFORCEMENT LABOR S 03/22/2024 123132 03.2024 DUE 101-21707 LELS DUES - LOCAL 40 02/2024 1,410.00 Total 123132:1,762.50 LEAGUE OF MINNESOTA CITIE 03/22/2024 123133 8856 703-49960-379 SEWER BACKUP CLAIM 341604 2,343.62 Total 123133:2,343.62 LEAGUE OF MN CITIES 03/22/2024 123134 401537 101-43000-437 LOSS CONTROL WORKSHOP - DJ GOMAN Public Works Department 20.00 Total 123134:20.00 LEOWEBPROTECT.com 03/22/2024 123135 8031654106 101-42110-433 MONTHLY SUBSCRIPTION 3/24 Police Department 143.06 Total 123135:143.06 MACQUEEN EQUIPMENT LLC 03/22/2024 123136 P26831 415-42260-580 BOOTS FOR FIREFIGHTERS 4,647.98 MACQUEEN EQUIPMENT LLC 03/22/2024 123136 P27052 415-42260-580 INTAKE VALVES FOR 2017 RESCUE PUMPER 4,287.20 MACQUEEN EQUIPMENT LLC 03/22/2024 123136 W13183 701-49800-403 SWEEPER BI-YEARLY REHAB 13,009.10 Total 123136:21,944.28 MATTIE LONEY PHOTOGRAPH 03/22/2024 123137 206032-0009 101-41110-437 OFFICER PHOTOS -2024 Mayor & Council 110.00 Total 123137:110.00 METLIFE SMALL BUSINESS CE 03/22/2024 123138 METLIFE 03 101-15998 DENTAL INSURANCE 04/24 62.61 METLIFE SMALL BUSINESS CE 03/22/2024 123138 METLIFE 03 101-21709 DENTAL INSURANCE 04/24 2,770.57 Total 123138:2,833.18 Metro Sales Inc 03/22/2024 123139 INV2478704 710-49970-401 PLOTTER MACHINE DIAGNOSIS - MAGENTA INK 212.50 18 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123139:212.50 MINUTEMAN PRESS 03/22/2024 123140 36241 101-41900-352 NEWSLETTER Central Services 2,718.85 Total 123140:2,718.85 MOTOROLA SOLUTIONS INC 03/22/2024 123141 8281835172 415-42260-580 TRUCK CHARGERS FOR RESCUE PUMPER 450.00 MOTOROLA SOLUTIONS INC 03/22/2024 123141 8281843919 415-42260-580 PORTABLE RADIO ACCESSORIES 4,704.48 Total 123141:5,154.48 NAVARRE HARDWARE 03/22/2024 123142 345557 101-42110-201 OFFICE SUPPLIES Police Department 32.99 NAVARRE HARDWARE 03/22/2024 123142 345963 601-49400-221 EXTENSION CORDS FOR SOUTH WATER PLANT 63.98 Total 123142:96.97 NCPERS GROUP LIFE INS.03/22/2024 123143 6732000420 101-21710 PERA LIFE 3/2024 384.00 Total 123143:384.00 Newegg Business Inc 03/22/2024 123144 1304928873 710-49970-221 LAPTOP - GC 627.99 Newegg Business Inc 03/22/2024 123144 1304928873 710-49970-221 LAPTOP - PD 627.99 Total 123144:1,255.98 NORTHERN SAFETY TECHNOL 03/22/2024 123145 57325 701-49800-222 PD SQUAD SPOT LIGHT 367.03 Total 123145:367.03 OLSEN CHAIN AND CABLE INC 03/22/2024 123146 712925 101-43000-240 PPE FALL PROTECTION Public Works Department 244.80 Total 123146:244.80 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3562318130 613-49830-201 PRINTER INK - GC Golf Course 163.11 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3581594010 101-41900-201 WRISTREST Central Services 16.84 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3581594010 101-41900-201 POST IT NOTES Central Services 11.60 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3581594010 101-41900-201 BLUE 8.5 X 14 PAPER Central Services 14.03 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3581594010 101-41900-201 5 X 8 LEGAL PADS Central Services 11.89 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3581594010 101-41900-201 NUMBERED INDEX DIVIDERS Central Services 25.77 19 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3585583940 101-41900-201 PENS Central Services 33.80 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3585583940 101-41410-221 FINGER TIP MOISTENER Elections 3.09 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3585583940 101-41900-221 TRASH BAGS Central Services 15.70 OPD BUSINESS SOLUTIONS LL 03/22/2024 123147 3585590510 101-41900-201 MISC OFFICE SUPPLIES Central Services 14.99 Total 123147:310.82 OPEIU - LOCAL 12 03/22/2024 123148 03.2024 DUE 101-21707 UNION DUES - LOCAL 12 03/2024 826.00 Total 123148:826.00 Perry's Truck Repair 03/22/2024 123149 1869 701-49800-222 TRUCK 700 BUILD 58.00 Total 123149:58.00 PLUNKETT'S 03/22/2024 123150 8454726 101-41900-404 PEST CONTOL Central Services 261.26 Total 123150:261.26 QUADIENT INC 03/22/2024 123151 02.2024 POS 101-41900-322 POSTAGE REFILL Central Services 325.35 QUADIENT INC 03/22/2024 123151 02.2024 POS 101-41900-201 SUPPLY PURCHASE Central Services 21.85 Total 123151:347.20 QUALITY FLOW SYSTEMS INC 03/22/2024 123152 46572 602-49450-406 GS#1 INSIDE PIPING REPAIR Sewer 768.75 Total 123152:768.75 RYAN AUTO MALL 03/22/2024 123153 259890 701-49800-222 RADIATOR HOSE UNIT 264 116.60 RYAN AUTO MALL 03/22/2024 123153 259969 101-42110-402 SQUAD #267 REPAIR Police Department 292.00 Total 123153:408.60 SCHULTZ, SUSAN 03/22/2024 123154 03.2024 REI 101-42110-437 SFST - REIMB CLASS Police Department 67.64 Total 123154:67.64 SECURITY & SOUND CO 03/22/2024 123155 27925 101-43000-404 PANIC BUTTON Public Works Department 360.00 20 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123155:360.00 STOP STICK LTD 03/22/2024 123156 0032595-IN 101-42110-437 STOP STICKS TRAINING STICKS Police Department 318.00 Total 123156:318.00 STREICHERS POLICE EQUIP 03/22/2024 123157 CM298707 101-42110-226 UNIFORMS/RESERVE SCHNEIDER Police Department 54.99- STREICHERS POLICE EQUIP 03/22/2024 123157 I1674476 101-42110-226 UNIFORM/SCHULTZ Police Department 59.00 STREICHERS POLICE EQUIP 03/22/2024 123157 I1674693 101-42110-226 UNIFORMS/CARLSON Police Department 40.00 STREICHERS POLICE EQUIP 03/22/2024 123157 I1675452 101-42110-226 UNIFORMS/SZCZEPANIK Police Department 23.98 STREICHERS POLICE EQUIP 03/22/2024 123157 I1675794 101-42110-226 UNIFORMS/HENNESSY Police Department 208.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1676299 101-42110-226 UNIFORMS/SILTALA Police Department 156.98 STREICHERS POLICE EQUIP 03/22/2024 123157 I1676575 101-42110-226 UNIFORMS/MCCOY Police Department 384.93 STREICHERS POLICE EQUIP 03/22/2024 123157 I1676831 101-42110-226 UNIFORMS/WIEBUSCH Police Department 196.98 STREICHERS POLICE EQUIP 03/22/2024 123157 I1677015 101-42110-226 UNIFORMS/LANGE Police Department 206.00 STREICHERS POLICE EQUIP 03/22/2024 123157 I1678382 101-42110-226 UNIFORMS/SCHAUER Police Department 174.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1679010 101-42110-226 UNIFORMS/MCCOY Police Department 386.97 STREICHERS POLICE EQUIP 03/22/2024 123157 I1679618 101-42110-226 UNIFORMS/CARLSON Police Department 1,624.98 STREICHERS POLICE EQUIP 03/22/2024 123157 I1679690 101-42110-226 UNIFORMS/THOMAS Police Department 24.00 STREICHERS POLICE EQUIP 03/22/2024 123157 I1679950 101-42110-226 UNIFORMS/THOMAS Police Department 7.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1680062 101-42110-226 UNIFORMS/CARLSON Police Department 66.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1680063 101-42110-226 UNIFORMS/SCHAUER Police Department 56.97 STREICHERS POLICE EQUIP 03/22/2024 123157 I1680642 101-42110-226 UNIFORMS/THOMAS Police Department 12.00 STREICHERS POLICE EQUIP 03/22/2024 123157 I1680657 101-42110-226 UNIFORMS/THOMAS Police Department 99.97 STREICHERS POLICE EQUIP 03/22/2024 123157 I1680889 101-42110-226 UNIFORMS/THOMAS Police Department 189.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1681488 101-42110-226 UNIFORMS/WIEBUSCH Police Department 129.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1681669 101-42260-226 DUTY UNIFORMS FOR FFS Fire Protection Services 322.90 STREICHERS POLICE EQUIP 03/22/2024 123157 I1681967 101-42110-226 UNIFORMS/SCHULTZ Police Department 43.00 STREICHERS POLICE EQUIP 03/22/2024 123157 I1682471 101-42110-226 UNIFORMS/MCCOY Police Department 1,643.00 STREICHERS POLICE EQUIP 03/22/2024 123157 I1683211 101-42110-226 UNIFORMS/STURM Police Department 39.90 STREICHERS POLICE EQUIP 03/22/2024 123157 I1683551 101-42110-226 UNIFORMS/LYREK Police Department 211.93 STREICHERS POLICE EQUIP 03/22/2024 123157 I1683790 101-42110-226 UNIFORMS/SCHAUER Police Department 81.97 STREICHERS POLICE EQUIP 03/22/2024 123157 I1684110 101-42110-226 UNIFORMS/MCCOY Police Department 357.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1684121 101-42110-226 UNIFORMS/MCCOY Police Department 74.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1684323 101-42110-226 UNIFORMS/BAGAN Police Department 74.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1684809 101-42110-226 UNIFORMS/MCCOY Police Department 94.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1684946 101-42110-226 UNIFORMS/STURM Police Department 66.00 STREICHERS POLICE EQUIP 03/22/2024 123157 I1685704 101-42110-226 UNIFORMS/BAGAN Police Department 69.99 STREICHERS POLICE EQUIP 03/22/2024 123157 I1685748 101-42110-226 UNIFORMS/MCCOY Police Department 200.00 21 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123157:7,278.36 SUN LIFE FINANCIAL 03/22/2024 123158 03.2024 LIFE 101-21710 LIFE INSURANCE - 03/2024 1,385.81 SUN LIFE FINANCIAL 03/22/2024 123158 03.2024 STD 101-21714 STD- 03/2024 1,016.40 Total 123158:2,402.21 THE HARTFORD 03/22/2024 123159 03.2024 LIFE 101-21713 LTD 03/2024 1,741.08 Total 123159:1,741.08 THE MPX GROUP 03/22/2024 123160 414304 101-42260-489 CHARTER MEMBER CUPS Fire Protection Services 432.00 Total 123160:432.00 THONVOLD, JACK 03/22/2024 123161 03.2024 REI 101-45200-226 BOOT REIMBURSMENT Parks 300.00 Total 123161:300.00 TimeSaver Off Site Secretarial Inc 03/22/2024 123162 M28970 101-41110-439 CC MINUTES 01/22/2024 Mayor & Council 285.50 TimeSaver Off Site Secretarial Inc 03/22/2024 123162 M28970 101-42400-439 PC MINUTES 2/20/2024 Building & Zoning 167.00 Total 123162:452.50 TOWMASTER 03/22/2024 123163 466699 405-48500-550 TRUCK #431 REPLACEMENT NEW UNIT 433 160,782.00 Total 123163:160,782.00 TRANSPORT GRAPHICS 03/22/2024 123164 301033 101-42260-489 ID TAGS FOR EQUIPMENT ON TRUCKS Fire Protection Services 555.62 Total 123164:555.62 TWIN CITY GARAGE DOOR CO 03/22/2024 123165 Z269737 613-49830-404 GARAGE DOOR REPAIR Golf Course 1,250.00 Total 123165:1,250.00 U.S. AutoForce 03/22/2024 123166 INV0003912 701-49800-222 TIRES FOR DODGE DURANGOS 732.44 22 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123166:732.44 ULTIMATE SAFETY CONCEPTS 03/22/2024 123167 210220 415-42260-580 SCBA REGULATORS FOR FIREFIGHTERS 19,096.20 Total 123167:19,096.20 UNIFIRST CORPORATION 03/22/2024 123168 1410045976 101-41900-223 MOPS/CLEANING TOWELS Central Services 39.18 UNIFIRST CORPORATION 03/22/2024 123168 1410045976 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 03/22/2024 123168 1410045976 701-49800-221 SHOP TOWELS - PW 3.35 UNIFIRST CORPORATION 03/22/2024 123168 1410045976 701-49800-226 UNIFORMS - FLEET 53.81 UNIFIRST CORPORATION 03/22/2024 123168 1410045976 101-43000-226 UNIFORMS - PW Public Works Department 53.81 UNIFIRST CORPORATION 03/22/2024 123168 1410045976 601-49400-226 UNIFORMS PW-WATER DEPT 53.81 UNIFIRST CORPORATION 03/22/2024 123168 1410045976 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 53.81 UNIFIRST CORPORATION 03/22/2024 123168 1410045976 101-45200-226 UNIFORMS-PARKS Parks 53.80 UNIFIRST CORPORATION 03/22/2024 123168 1410047359 101-41900-223 MOPS/CLEANING TOWELS Central Services 39.18 UNIFIRST CORPORATION 03/22/2024 123168 1410047359 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 03/22/2024 123168 1410047359 701-49800-221 SHOP TOWELS - PW 3.35 UNIFIRST CORPORATION 03/22/2024 123168 1410047359 101-43000-226 UNIFORMS - PW Public Works Department 51.41 UNIFIRST CORPORATION 03/22/2024 123168 1410047359 601-49400-226 UNIFORMS PW-WATER DEPT 51.41 UNIFIRST CORPORATION 03/22/2024 123168 1410047359 101-45200-226 UNIFORMS-PARKS Parks 51.40 UNIFIRST CORPORATION 03/22/2024 123168 1410047359 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 51.41 UNIFIRST CORPORATION 03/22/2024 123168 1410047359 701-49800-226 UNIFORMS - FLEET 51.41 Total 123168:663.40 UNLIMITED SUPPLIES INC 03/22/2024 123169 461821 405-48500-550 TRUCK 700 BUILD 237.16 UNLIMITED SUPPLIES INC 03/22/2024 123169 462344 701-49800-215 BOLTS ANDD FITTINGS 161.64 Total 123169:398.80 UPNORTH GOLF 03/22/2024 123170 77277 613-49830-095 MERCHANDISE Golf Course 413.77 Total 123170:413.77 VALLEY RICH CO 03/22/2024 123171 33097 601-49400-405 REPAIR HYDRANT GATE VALVE 1,788.00 Total 123171:1,788.00 WEEKLY HOMES LLC 03/22/2024 123172 2434 NORTH 999-10015 UB REFUND - 2434 NORTH BLOSSOM CIR 222.86 23 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount WEEKLY HOMES LLC 03/22/2024 123172 2434 NORTH 999-10015 UB REFUND - 2434 NORTH BLOSSOM CIR 222.86- Total 123172:.00 WESTSIDE WHOLESALE TIRE 03/22/2024 123173 941400 701-49800-222 ROUGH MOWER TIRE TUBE 13.30 Total 123173:13.30 WILLIAMS TOWING INC 03/22/2024 123174 24-17800 101-42110-436 INV TOW/RECOVERED STOLEN 242197 Police Department 185.00 Total 123174:185.00 Wright-Hennepin Coop Electric 03/22/2024 123175 35031179222 101-43100-381 BRUSH SITE 02/01-03/01 Brush Site 32.36 Wright-Hennepin Coop Electric 03/22/2024 123175 35031179222 613-49830-381 GC SECURITY 04/30/2024 Golf Course 42.21 Wright-Hennepin Coop Electric 03/22/2024 123175 35031179222 101-43000-381 ELECTRICAL SERVICE 02/01/24-03/01/24 Public Works Department 196.11 Total 123175:270.68 XCEL ENERGY 03/22/2024 123176 867158278 602-49450-381 3425 LYRIC 01/29/24-02/28/24 Sewer 23.88 Total 123176:23.88 ZUMBRO TOOLS 03/22/2024 123177 0318242212 701-49800-240 MECHANICS TOOLS 218.15 Total 123177:218.15 UNITED STATES POSTAL SERVI 03/28/2024 123178 03.2024 POS 601-49400-322 03.2024 UTILITY BILLS 535.46 UNITED STATES POSTAL SERVI 03/28/2024 123178 03.2024 POS 602-49450-322 03.2024 UTILITY BILLS Sewer 535.46 UNITED STATES POSTAL SERVI 03/28/2024 123178 03.2024 POS 651-49910-322 03.2024 UTILITY BILLS Storm Water 535.48 Total 123178:1,606.40 Petty Cash 04/02/2024 123179 2024 START 101-10306 2024 - START UP CASH 75.00 Total 123179:75.00 AMERICAN ENGINEERING TES 04/08/2024 123180 INV-183663 440-48970-304 21-039 NEW PUBLIC WORKS FACILITY 676.00 Total 123180:676.00 24 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount API GARAGE DOOR, INC.04/08/2024 123181 Z269995 440-48960-530 GARAGE DOOR REPAIRS 9,015.00 Total 123181:9,015.00 ATTN: SPECIAL ASSESSMENTS 04/08/2024 123182 2024 SPECI 602-49450-489 SPECIAL ASSESSMENTS Sewer 547.50 Total 123182:547.50 BARNUM GATE SERVICES INC 04/08/2024 123183 40077 101-42110-404 BUILDING REPAIRS/GATE Police Department 807.56 BARNUM GATE SERVICES INC 04/08/2024 123183 40078 101-41900-404 GATE SERVICE Central Services 289.86 Total 123183:1,097.42 BEAD BREAKERS EQUIPMENT 04/08/2024 123184 1683 701-49800-403 TIRE BALANCER 362.00 Total 123184:362.00 BEAUDRY OIL & SERVICE INC 04/08/2024 123185 1014425 - TA 701-49800-212 UNLEADED FUEL 435.93 BEAUDRY OIL & SERVICE INC 04/08/2024 123185 2595494 701-49800-212 UNLEADED FUEL 5,312.91 BEAUDRY OIL & SERVICE INC 04/08/2024 123185 2604780 701-49800-212 FUEL CHARGE 77.19 Total 123185:5,826.03 BIFFS INC 04/08/2024 123186 W958801 101-45200-415 BIFF RENTAL Parks 121.00 Total 123186:121.00 BOLTON & MENK INC.04/08/2024 123187 0332418 710-49970-575 24-036 ARCGIS ONLINE UPGRADE PROJECT 1,571.00 BOLTON & MENK INC.04/08/2024 123187 0332504 440-48975-304 21-039 PW FACILITY CONSTRUCTION 381.00 Total 123187:1,952.00 Bratt Tree Company 04/08/2024 123188 12910 101-43000-225 TREE REMOVAL IN ROW- TASK 81808 Public Works Department 3,500.00 Total 123188:3,500.00 BRAYDEN SHERMAN 04/08/2024 123189 03.2024 REI 101-42110-437 EMPLOYEE EXPENSE/EXPLORERS Police Department 100.78 Total 123189:100.78 25 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CALIBRE PRESS 04/08/2024 123190 24101965 101-42110-437 TRAINING SPENCER Police Department 359.00 Total 123190:359.00 Capital One Trade Credit 04/08/2024 123191 3282078240 101-45200-223 RAKES Parks 57.93 Total 123191:57.93 CENTERPOINT ENERGY MAIN 04/08/2024 123192 03.2024 601-49400-381 GAS SERVICE 2/21/24-03/20/24 842.89 CENTERPOINT ENERGY MAIN 04/08/2024 123192 03.2024 602-49450-381 GAS SERVICE 2/21/24-03/20/24 Sewer 761.67 CENTERPOINT ENERGY MAIN 04/08/2024 123192 03.2024 101-41900-381 GAS SERVICE 2/21/24-03/20/24 Central Services 1,039.39 CENTERPOINT ENERGY MAIN 04/08/2024 123192 03.2024 101-42110-381 GAS SERVICE 2/21/24-03/20/24 Police Department 324.44 CENTERPOINT ENERGY MAIN 04/08/2024 123192 03.2024 613-49830-381 GAS SERVICE 2/21/24-03/20/24 Golf Course 316.47 Total 123192:3,284.86 CENTRAL PENSION FUND SOU 04/08/2024 123193 04.04.2024 F 101-21705 CENTRAL PENSION FUND 04.04.2024 1,104.00 Total 123193:1,104.00 Century Link 04/08/2024 123194 03.19.24-04.613-49830-321 GC PHONE/INTERNET Golf Course 481.38 Total 123194:481.38 CITY OF LONG LAKE 04/08/2024 123195 20240010 101-42260-318 2ND QTR 2024 FIRE SERVICE Fire Protection Services 166,234.50 Total 123195:166,234.50 City of Orono Utilities 04/08/2024 123196 03.2024 234 601-49400-382 2024.01 UB - WTP 159.72 City of Orono Utilities 04/08/2024 123196 03.2024 265 613-49830-382 2024.03 GC Golf Course 74.27 City of Orono Utilities 04/08/2024 123196 03.2024 CH 101-41900-382 2024.03 UB CH Central Services 151.87 City of Orono Utilities 04/08/2024 123196 03.2024 CH 101-42110-382 2024.03 UB PD Police Department 151.87 City of Orono Utilities 04/08/2024 123196 03.2024 PO 101-41900-382 2024.03 UB - PO Central Services 87.94 City of Orono Utilities 04/08/2024 123196 03.2024 PW 101-41900-382 2024.03 PW Central Services 191.91 Total 123196:817.58 CITY OF ST PAUL 04/08/2024 123197 IN57654 101-42110-437 PDI TRAINING/KLUKAS Police Department 180.00 26 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123197:180.00 CITY OF WAYZATA 04/08/2024 123198 03.2024 UTIL 601-49400-387 MARCH 2024 WATER 1,953.05 CITY OF WAYZATA 04/08/2024 123198 03.2024 UTIL 602-49450-387 MARCH 2024 SEWER Sewer 3,946.80 Total 123198:5,899.85 CITYVIEW PLUMBING & HEATIN 04/08/2024 123199 139575585 601-49400-405 RPZ CERTIFICATION 299.00 Total 123199:299.00 CRAGUN'S RESORT AND CONF 04/08/2024 123200 2024 MNLEA 101-42110-437 TRAINING / GEHLEN Police Department 439.42 CRAGUN'S RESORT AND CONF 04/08/2024 123200 2024 MNLEA 101-42110-437 TRAINING / MCGREGOR Police Department 577.93 Total 123200:1,017.35 DITTER INC.04/08/2024 123201 i19396 101-42110-404 HEATING AND AC SERVICE Police Department 255.70 Total 123201:255.70 ECM PUBLISHERS INC 04/08/2024 123202 991062 101-42400-340 ORD 298 - ENVIRONMENT SEPTIC Building & Zoning 42.71 ECM PUBLISHERS INC 04/08/2024 123202 991063 101-42400-340 ORD 299 - RESIDENTIAL ZONING Building & Zoning 42.71 ECM PUBLISHERS INC 04/08/2024 123202 991064 101-42400-340 ORD 300 - BUILDING PERMITS Building & Zoning 42.71 ECM PUBLISHERS INC 04/08/2024 123202 991065 101-41900-352 ORD 301 - MOBILE HOMES TRAILERS Central Services 42.71 ECM PUBLISHERS INC 04/08/2024 123202 992125 101-42400-340 PH FOR B&Z Building & Zoning 152.51 Total 123202:323.35 EHLERS AND ASSOCIATES INC 04/08/2024 123203 96998 235-45690-319 2022 TIF REPORTING 1,590.00 Total 123203:1,590.00 ELIZABETH STASKA 04/08/2024 123204 2308 SHADY 999-10015 UB REFUND - 2308 SHADYWOOD RD 144.35 Total 123204:144.35 ELLETTE ANDERSON 04/08/2024 123205 LA23-000045 101-22205 ESCROW REFUND - LA23-000045 1260 SPRUCE 700.00 ELLETTE ANDERSON 04/08/2024 123205 LA23-000045 999-10016 OUTSTANDING LEGAL CONSULTING FEES 515.00- 27 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123205:185.00 FERGUSON WATERWORKS #25 04/08/2024 123206 0517581-1 601-49400-227 3/4" METERS FOR RESALE 1,424.72 FERGUSON WATERWORKS #25 04/08/2024 123206 0526970 602-49450-489 GREEN SPRAY PAINT Sewer 83.52 FERGUSON WATERWORKS #25 04/08/2024 123206 0526970 601-49400-489 BLUE SPRAY PAINT 83.52 Total 123206:1,591.76 FRED JOHNSON 04/08/2024 123207 LA23-000057 101-22205 ESCROW REFUND - LA23-000057 - 1565 ORCHA 700.00 Total 123207:700.00 G&H Distributing & Supply Inc 04/08/2024 123208 00176682 701-49800-221 SKID PLOW HOSES 159.88 Total 123208:159.88 GALLAGHER BENEFIT SERVICE 04/08/2024 123209 309155 101-41900-319 GASB 75 VALUATION Central Services 2,100.00 Total 123209:2,100.00 GARY NELSON 04/08/2024 123210 03.2024 REI 101-42400-437 SEPTIC TRAINING Building & Zoning 427.64 Total 123210:427.64 GEARGRID, LLC 04/08/2024 123211 0024178-IN 440-48960-530 WALL MOUNTED LOCKERS FOR TEMP NORTH F 7,361.00 GEARGRID, LLC 04/08/2024 123211 0024188-IN 440-48960-530 HOSE RACK FOR NORTH TEMP FIRE STATION 4,527.00 Total 123211:11,888.00 GENUINE PARTS COMPANY/NA 04/08/2024 123212 3270-59451 701-49800-215 SHOP SUPPLIES 6.49 GENUINE PARTS COMPANY/NA 04/08/2024 123212 3270-594595 701-49800-222 RADIATOR PD265 164.45 GENUINE PARTS COMPANY/NA 04/08/2024 123212 3270-594637 701-49800-222 PD DURANGO REARVIEW MIRROR 41.37 GENUINE PARTS COMPANY/NA 04/08/2024 123212 3270-59467 701-49800-222 PD CAB AIR FILTERS 126.63 GENUINE PARTS COMPANY/NA 04/08/2024 123212 3270-594728 701-49800-222 PD OIL FILTERS 31.98 GENUINE PARTS COMPANY/NA 04/08/2024 123212 3270-59478 701-49800-222 433 FUEL FILTER 97.74 GENUINE PARTS COMPANY/NA 04/08/2024 123212 3270-594898 701-49800-221 PD 267 STRUTS 483.98 Total 123212:952.64 28 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 04/08/2024 123213 019659/1 701-49800-215 BOLTS 4.22 GOPHER ACE 04/08/2024 123213 19633/1 101-41900-223 CLEANING SUPPLIES Central Services 42.98 GOPHER ACE 04/08/2024 123213 19636/1 101-41900-223 CLEANING SUPPLIES Central Services 137.96 GOPHER ACE 04/08/2024 123213 19643/1 701-49800-240 1/4" BATTERY DRILL, TAPE MEASURE 108.99 GOPHER ACE 04/08/2024 123213 19671/1 101-43000-212 DEF FLUID Public Works Department 19.99 GOPHER ACE 04/08/2024 123213 19676/1 701-49800-215 NUTS AND BOLTS 20.87 GOPHER ACE 04/08/2024 123213 19721/1 101-41900-223 CHAIR COVERS Central Services 12.98 GOPHER ACE 04/08/2024 123213 19723/1 701-49800-215 NUTS AND BOLTS 32.77 GOPHER ACE 04/08/2024 123213 19729/1 701-49800-215 NUTS AND BOLTS 3.52 GOPHER ACE 04/08/2024 123213 19734/1 701-49800-215 NUTS AND BOLTS 34.73 Total 123213:419.01 GOPHER STATE ONE CALL 04/08/2024 123214 4030660 602-49450-227 LOCATES - SEWER Sewer 124.87 GOPHER STATE ONE CALL 04/08/2024 123214 4030660 601-49400-382 LOCATES - WATER 124.88 Total 123214:249.75 GREGERSON, ROSOW, JOHNS 04/08/2024 123215 50102 101-41600-306 PROSECUTION SERVICES 3/2024 Law/Legal Services 3,269.11 Total 123215:3,269.11 HENNEPIN COUNTY TREASUR 04/08/2024 123216 2023-24 TNT 101-41900-352 2023 TNT COSTS Central Services 1,336.38 Total 123216:1,336.38 HENTGES, ANNE 04/08/2024 123217 2024.03 MIL 101-41500-331 MILEAGE 03.2024 Finance Department 21.31 Total 123217:21.31 HERC U LIFT 04/08/2024 123218 R04953-1 440-48970-319 FORKLIFT RENTAL FOR OPW MOVE 3,590.00 Total 123218:3,590.00 HOLIDAY COMPANIES 04/08/2024 123219 0796010424 101-42110-402 CAR WASHES / HOLIDAY Police Department 225.50 Total 123219:225.50 HOTSY MINNESOTA 04/08/2024 123220 20630 701-49800-222 TRUCK EQUIPMENT WASH BULK 650.77 29 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123220:650.77 IN CONTROL INC.04/08/2024 123221 S-INV01478 601-49400-416 SCADA RENEWAL 400.00 Total 123221:400.00 Jefferson Fire & Safety 04/08/2024 123222 IN312963 415-42260-580 TIC CHARGER FOR RESCUE PUMPER 738.90 Jefferson Fire & Safety 04/08/2024 123222 IN313074 415-42260-580 THERMAL CAMERA FOR ENGINE 2,822.98 Total 123222:3,561.88 KENNETH SCHMELING 04/08/2024 123223 LA23-000065 101-22205 ESCROW REFUND - LA23-000065 - 4423 NORTH 700.00 Total 123223:700.00 KODIAK POWER SOLUTIONS 04/08/2024 123224 13443211 602-49450-406 REPAIR GENSET @ LS@7 Sewer 1,315.00 Total 123224:1,315.00 KURTIS & JILL KRENTZ 04/08/2024 123225 10 MYRTLE 999-10015 UB REFUND - 10 MYRTLEWOOD RD 119.77 Total 123225:119.77 LAKE MTKA CONSERVATION DI 04/08/2024 123226 2024Q2ORO 651-49910-433 2ND QTR 2024 LEVY PMT Storm Water 10,200.50 Total 123226:10,200.50 LANO EQUIPMENT INC 04/08/2024 123227 03-1062227 701-49800-221 CHIPPER JACK 158.39 Total 123227:158.39 LIGHTHOUSE APPAREL 04/08/2024 123228 85182 613-49830-095 MERCHANDISE- CLOTHING Golf Course 734.68 LIGHTHOUSE APPAREL 04/08/2024 123228 85411 613-49830-095 MERCHANDISE- CLOTHING Golf Course 763.29 Total 123228:1,497.97 LINDA ORTNER 04/08/2024 123229 669 SANDST 999-10015 UB REFUND - 669 SANDSTONE CIR - ORTNER 180.00 30 City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123229:180.00 MACQUEEN EQUIPMENT LLC 04/08/2024 123230 P10705 701-49800-222 FIRE TRUCK LIGHT BRACKET 55.08 MACQUEEN EQUIPMENT LLC 04/08/2024 123230 P27542 415-42260-580 TURNOUT COAT FOR FIREFIGHTERS QTY14 56,982.54 MACQUEEN EQUIPMENT LLC 04/08/2024 123230 P27766 440-48960-530 HOSE DRYING RACKS FOR TEMP NORTH FIRE 5,718.94 MACQUEEN EQUIPMENT LLC 04/08/2024 123230 P27832 415-42260-580 MISC EQUIP FOR RESCUE PUMPER 3,094.59 MACQUEEN EQUIPMENT LLC 04/08/2024 123230 P27875 415-42260-580 ROPE BAGS FOR ENGINE 250.71 Total 123230:66,101.86 METROPOLITAN COUNCIL ENVI 04/08/2024 123231 0001170325 602-49450-383 WASTWATER SERVICE 2023 CAPACITY CHARG Sewer 1,177.72 METROPOLITAN COUNCIL ENVI 04/08/2024 123231 0001170595 602-49450-383 WASTWATER SERVICE 5/2024 Sewer 64,223.79 Total 123231:65,401.51 MINNEAPOLIS OXYGEN COMPA 04/08/2024 123232 00124283 701-49800-215 ACETYLENE, OXYGEN 76.30 MINNEAPOLIS OXYGEN COMPA 04/08/2024 123232 00124284 101-42110-221 MEDICAL OXYGEN REFILL Police Department 150.60 Total 123232:226.90 MN - LEAP 04/08/2024 123233 2024 SPRIN 101-42110-437 TRAINING - GEHLEN Police Department 155.00 MN - LEAP 04/08/2024 123233 2024 SPRIN 101-42110-437 TRAINING MCGREGOR Police Department 155.00 Total 123233:310.00 MN DEPT OF HEALTH 04/08/2024 123234 04.2024 WAT 601-49400-437 WATER TRAINING - J. NELSON 32.00 Total 123234:32.00 MN RURAL WATER ASSOCIATI 04/08/2024 123235 03.05.24 CO 602-49450-437 WATER AND SEWER OPERATOR TRAINING Sewer 300.00 Total 123235:300.00 MOTOROLA 04/08/2024 123236 8281851852 415-42260-580 VEHICLE CHARGERS FOR ENGINE, TANKER AN 3,217.50 Total 123236:3,217.50 MOTOROLA SOLUTIONS INC 04/08/2024 123237 8281845552 415-42260-580 BATTERIES FOR PORTABLE RADIOS 1,688.17 MOTOROLA SOLUTIONS INC 04/08/2024 123237 8281850752 440-48960-530 MULTI UNIT CHARGER FOR TEMP NORTH FIRE 937.50 31 City of Orono Check Register - COUNCIL REPORT Page: 22 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123237:2,625.67 MTI DISTRIBUTING INC 04/08/2024 123238 1421632-00 613-49830-437 MECHANIC TRAINING Golf Course 165.00 Total 123238:165.00 NAVARRE HARDWARE 04/08/2024 123239 345752 613-49830-223 PUMPHOUSE HEATER Golf Course 41.99 NAVARRE HARDWARE 04/08/2024 123239 345783 601-49400-227 PAINT FOR SWTP FILTER REPAIR 8.99 Total 123239:50.98 NORTHERN SAFETY TECHNOL 04/08/2024 123240 57393 701-49800-221 NEW CHIPPER BOX WARNING LIGHTS 189.08 Total 123240:189.08 NOVA COMMUNICATIONS INC 04/08/2024 123241 IN-80009186 710-49970-401 PHONE SERVICE 04/2024 1,136.05 Total 123241:1,136.05 Oertel Architects, Ltd 04/08/2024 123242 21-12.19 440-48970-319 21-039 PUBLIC WORKS BUILDING 2,097.17 Oertel Architects, Ltd 04/08/2024 123242 23-26.3 440-48975-319 24-034 NAVARRE FIRE GARAGE 12,999.50 Total 123242:15,096.67 OPD BUSINESS SOLUTIONS LL 04/08/2024 123243 3601686890 101-42110-201 OFFICE SUPPLIES Police Department 16.79 OPD BUSINESS SOLUTIONS LL 04/08/2024 123243 3601689220 101-42110-201 OFFICE SUPPLIES Police Department 33.76 OPD BUSINESS SOLUTIONS LL 04/08/2024 123243 3601689240 101-42110-201 OFFICE SUPPLIES Police Department 17.18 Total 123243:67.73 PERFORMANCE PLUS LLC dba 04/08/2024 123244 124029 101-42260-305 PHYSICAL EVALS FOR T BROWN AND M HOOVE Fire Protection Services 1,032.00 Total 123244:1,032.00 QUADIENT INC 04/08/2024 123245 Q1267710 101-41900-401 POSTAGE MACHING LEASE 04.28.24-07.27-24 Central Services 878.94 Total 123245:878.94 QUALITY FLOW SYSTEMS INC 04/08/2024 123246 46636 601-49400-405 SOUTH WATER PLANT ALARM SYSTEM EXPAN 2,111.50 32 City of Orono Check Register - COUNCIL REPORT Page: 23 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123246:2,111.50 RDO EQUIPMENT CO 04/08/2024 123247 P1346570 701-49800-403 CHIPPER KNIVES 140.00 Total 123247:140.00 REPUBLIC SERVICES #894 04/08/2024 123248 0894-006637 101-45200-404 TRASH SERVICE Parks 2,374.79 Total 123248:2,374.79 RYAN AUTO MALL 04/08/2024 123249 260146 101-42110-402 SQUAD PARTS/WHEEL NUTS Police Department 216.00 Total 123249:216.00 SUBURBAN RATE AUTHORITY 04/08/2024 123250 2024 1ST HA 101-41110-433 2024 MEMBERSHIP ASSESSMENT - 1ST HALF Mayor & Council 488.00 Total 123250:488.00 TimeSaver Off Site Secretarial Inc 04/08/2024 123251 M29011 101-41110-439 CC MINUTES 02/26/2024 Mayor & Council 325.00 TimeSaver Off Site Secretarial Inc 04/08/2024 123251 M29051 101-41110-439 CC MINUTES 03/11/2024 Mayor & Council 325.00 Total 123251:650.00 TOLL GAS & WELDING SUPPLY 04/08/2024 123252 40192085 101-43000-415 CYLINDER & DEMURRAGE Public Works Department 12.71 Total 123252:12.71 TONKA BUILT LLC 04/08/2024 123253 3217 101-45200-404 BIG ISLAND DOCK PLACEMENT Parks 4,500.00 Total 123253:4,500.00 TWIN CITY FIREPLACE & STON 04/08/2024 123254 M24-000186 101-19999 PERMIT REFUND- M24-000186 - 1200 OLD CRYS 247.00 Total 123254:247.00 U.S. AutoForce 04/08/2024 123255 INV0003985 701-49800-222 P.D. TIRES 177.84 U.S. AutoForce 04/08/2024 123255 INV0004021 701-49800-222 PD TIRES 160.00 33 City of Orono Check Register - COUNCIL REPORT Page: 24 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 123255:337.84 UNIFIRST CORPORATION 04/08/2024 123256 1410048916 101-41900-223 MOPS/CLEANING TOWELS Central Services 39.18 UNIFIRST CORPORATION 04/08/2024 123256 1410048916 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 04/08/2024 123256 1410048916 701-49800-221 SHOP TOWELS - PW 3.35 UNIFIRST CORPORATION 04/08/2024 123256 1410048916 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 74.24 UNIFIRST CORPORATION 04/08/2024 123256 1410048916 601-49400-226 UNIFORMS PW-WATER DEPT 74.25 UNIFIRST CORPORATION 04/08/2024 123256 1410048916 101-45200-226 UNIFORMS-PARKS Parks 74.24 UNIFIRST CORPORATION 04/08/2024 123256 1410048916 701-49800-226 UNIFORMS - FLEET 74.24 UNIFIRST CORPORATION 04/08/2024 123256 1410048916 101-43000-226 UNIFORMS - PW Public Works Department 74.25 UNIFIRST CORPORATION 04/08/2024 123256 1410050283 101-41900-223 MOPS/CLEANING TOWELS Central Services 39.18 UNIFIRST CORPORATION 04/08/2024 123256 1410050283 701-49800-221 SHOP TOWELS - PW 3.35 UNIFIRST CORPORATION 04/08/2024 123256 1410050283 101-43000-404 RUGS - PW Public Works Department 26.13 UNIFIRST CORPORATION 04/08/2024 123256 1410050283 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 52.67 UNIFIRST CORPORATION 04/08/2024 123256 1410050283 601-49400-226 UNIFORMS PW-WATER DEPT 52.67 UNIFIRST CORPORATION 04/08/2024 123256 1410050283 101-43000-226 UNIFORMS - PW Public Works Department 52.68 UNIFIRST CORPORATION 04/08/2024 123256 1410050283 701-49800-226 UNIFORMS - FLEET 52.68 UNIFIRST CORPORATION 04/08/2024 123256 1410050283 101-45200-226 UNIFORMS-PARKS Parks 52.67 UNIFIRST CORPORATION 04/08/2024 123256 1410050285 101-41900-223 LAUNDRY SERVICE Central Services 80.77 Total 123256:852.68 UNLIMITED SUPPLIES INC 04/08/2024 123257 462952 701-49800-240 TAP AND DIE SET 160.85 UNLIMITED SUPPLIES INC 04/08/2024 123257 462952 701-49800-240 BOLTS AND NUTS 50.58 Total 123257:211.43 US Bank Equipment Finance 04/08/2024 123258 524790912 710-49970-413 COPIERS - LEASE 1,323.51 Total 123258:1,323.51 VARITECH INDUSTRIES INC 04/08/2024 123259 IN060-10290 701-49800-221 SPRAYER NOZZLES 433 251.29 Total 123259:251.29 VERIZON WIRELESS 04/08/2024 123260 9958833781 101-41900-321 VERIZON/ARLO/NEW CAMERA Central Services 458.33 Total 123260:458.33 34 City of Orono Check Register - COUNCIL REPORT Page: 25 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount WEEKLY HOMES LLC 04/08/2024 123261 2434 NORTH 999-10015 UB REFUND - 2434 NORTH BLOSSOM CIR. - WE 269.08 Total 123261:269.08 XCEL ENERGY 04/08/2024 123262 870321995 101-41900-381 NEW PW BUILDING ELECTRICITY 2/20-3/20/24 Central Services 1,038.52 Total 123262:1,038.52 Void Check 04/08/2024 123263 Total 123263:.00 ZAYO GROUP LLC 04/08/2024 123265 20402790 613-49830-321 PHONE SERVICE 03/23/24-04/22/24 Golf Course 108.97 ZAYO GROUP LLC 04/08/2024 123265 20402790 101-41900-321 PHONE SERVICE 03/23/24-04/22/24 Central Services 186.17 ZAYO GROUP LLC 04/08/2024 123265 20402790 101-42110-321 PHONE SERVICE 03/23/24-04/22/24 Police Department 183.57 ZAYO GROUP LLC 04/08/2024 123265 20402790 601-49400-321 PHONE SERVICE 03/23/24-04/22/24 94.33 ZAYO GROUP LLC 04/08/2024 123265 20402790 602-49450-321 PHONE SERVICE 03/23/24-04/22/24 Sewer 91.87 Total 123265:664.91 INNOVO BENEFITS ADMINISTR 03/22/2024 20130446 1371751 601-49400-135 HEALTH INSURANCE - 04.2024-BR 768.54 INNOVO BENEFITS ADMINISTR 03/22/2024 20130446 1371751 101-42110-135 HEALTH INSURANCE - 04.2024-DM Police Department 768.54 INNOVO BENEFITS ADMINISTR 03/22/2024 20130446 1371751 101-21706 HEALTH INSURANCE - 04.2024 63,638.22 Total 20130446:65,175.30 MEDSURETY LLC 03/22/2024 20130447 2.2.24-3.10.2 101-21719 MFSA 2.2.24-3.10.24 FUNDS 15.68 Total 20130447:15.68 MN DEPT OF REVENUE-WIRE 03/22/2024 20130448 02.2024 SAL 101-34650 POLICE REPORT SALES TAX 39.00 MN DEPT OF REVENUE-WIRE 03/22/2024 20130448 02.2024 SAL 601-20806 WATER TAXABLE SALES 02.2024 894.00 MN DEPT OF REVENUE-WIRE 03/22/2024 20130448 02.2024 SAL 601-20806 WATER TAXABLE SALES BULK WATER 02.2024 52.00 MN DEPT OF REVENUE-WIRE 03/22/2024 20130448 02.2024 SAL 613-37930 BEER - SALES TAX 02.2024 5.00 MN DEPT OF REVENUE-WIRE 03/22/2024 20130448 02.2024 SAL 613-37940 CONCESSIONS - SALES TAX 02.2024 2.00 Total 20130448:992.00 VAULT HEALTH 03/22/2024 20130449 FL00625738 101-43000-319 DRUG TESTING 1ST QTR 2024 Public Works Department 61.16 35 City of Orono Check Register - COUNCIL REPORT Page: 26 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 20130449:61.16 VESSCO INC 03/22/2024 20130450 093600 601-49400-405 INJECTOR PARTS 240.54 Total 20130450:240.54 AMAZON CAPITAL SERVICE 04/08/2024 20130451 1JWR-HCMP 701-49800-215 WIRING SUPPLIES 90.93 AMAZON CAPITAL SERVICE 04/08/2024 20130451 1LKC-PFWM 101-42110-201 OFFICER SUPPLIES Police Department 35.99 Total 20130451:126.92 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-43000-240 WHEELS FOR DOLLIES Public Works Department 155.96 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42110-201 PAPER Police Department 43.68 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42110-439 PUBLIC RELATIONS -LUNCH Police Department 37.26 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42110-439 CHAPLIN PROGRAM -LUNCH Police Department 27.59 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42110-433 PELOTON MONTHLY MEMBERSHIP Police Department 47.76 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42110-439 POLICE COMMISSION Police Department 16.88 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41110-439 CITY COUNCIL MEAL Mayor & Council 59.61 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41300-439 WELCOME BREAKFAST PW MAINTENANCE Administration 60.16 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41300-439 WELCOME BREAKFAST PW MECHANIC Administration 32.40 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41300-439 WELCOME BREAKFAST PW MECHANIC Administration 76.07 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41300-439 WELCOME BREAKFAST PW MAINTENANCE Administration 23.69 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41410-489 AB VOTING Elections 18.43 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41410-489 POLLING PLACES ELECTION DAY Elections 81.78 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41410-489 POLLING PLACES ELECTION DAY Elections 317.68 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41410-489 POLLING PLACES ELECTION DAY Elections 101.87 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41110-439 CITY COUNCIL MEAL Mayor & Council 147.77 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41110-439 COFFEE WITH MAYOR Mayor & Council 27.98 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41110-437 LMC ANNUAL CONFERENCE - CM BENSON Mayor & Council 490.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-41300-437 SAFETY & LOSS CONTROL WORKSHOP - RUTH Administration 20.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 602-49450-437 PARKING FOR SEWER SCHOOL Sewer 8.50 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 701-49800-240 MECHANIC TOOLS 414.33 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 701-49800-222 DOT 2024 INSPECTION WINDOW STICKERS 110.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 440-48970-530 KNOX BOX FOR NEW PUBLIC BUILDING 687.01 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 710-49970-221 LAPTOP - DEPUTY FIRE CHIEF 2,713.11 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 613-49830-404 TEE MOWER REPAIR Golf Course 292.03 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 613-49830-433 MGCSA MEMBERSHIP Golf Course 165.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 613-49830-437 PESTICIDE APPLICATOR RENEWAL Golf Course 46.01 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-441 REGISTRATION OF 2017 RESCUE PUMPER Fire Protection Services 6.13 36 City of Orono Check Register - COUNCIL REPORT Page: 27 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-212 FUEL Fire Protection Services 62.46 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-402 CAR WASH Fire Protection Services 15.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-437 FIRE SPRINKLER CLASS Fire Protection Services 650.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-437 PIZZA FOR 4-HOUR TRAINING Fire Protection Services 43.19 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-331 TRAVEL FOR CLASS FOR SHEA Fire Protection Services 292.20 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-433 EMT REGISTRATION Fire Protection Services 25.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-489 FLAGS FOR FIRE TRUCKS Fire Protection Services 173.55 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42260-402 CAR WASH Fire Protection Services 12.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42400-437 2024 NATIONAL PLANNING CONFERENCE TRAI Building & Zoning 1,658.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 710-49970-311 ZOOM SUBSCRIPTION 15.99 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 601-49400-489 SHIPPING 25.86 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 601-49400-437 TRAINING 900.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42110-437 TRAINING SHERMAN / K9 Police Department 225.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42110-240 EQUIPMENT / TWO TINT METERS Police Department 178.00 CARDMEMBER SERVICE 04/08/2024 20130452 03.2024 CAR 101-42110-437 TRAINING / KLUKAS Police Department 50.00 Total 20130452:10,554.94 HOME DEPOT 04/08/2024 20130453 4610214 602-49450-240 SMALL TOOLS FOR 709 Sewer 16.97 Total 20130453:16.97 HOME DEPOT CREDIT SERVIC 04/08/2024 20130454 5012802 101-41900-404 CARPET REPAIR Central Services 134.99 HOME DEPOT CREDIT SERVIC 04/08/2024 20130454 6015799 602-49450-240 SMALL TOOLS FOR 709 Sewer 213.70 HOME DEPOT CREDIT SERVIC 04/08/2024 20130454 9312385 701-49800-221 TRUCK 700 BUILD 47.94 Total 20130454:396.63 MEDSURETY LLC 04/08/2024 20130455 30439 101-41900-319 FEES Central Services 201.50 MEDSURETY LLC 04/08/2024 20130455 MFSA FUND 101-21719 MFSA 2.16.24-3.24.24 FUNDS 102.13 Total 20130455:303.63 WEX BANK 04/08/2024 20130456 95899421 701-49800-212 NON OXY GAS 21.51 Total 20130456:21.51 Grand Totals: 828,358.35 37 City of Orono Check Register - COUNCIL REPORT Page: 28 Check Issue Dates: 3/12/2024 - 4/8/2024 Apr 03, 2024 01:14PM 38 Date: April 8, 2024 Item: 3 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: Rental Licenses 1.Purpose: The purpose of this action item is to approve licenses for rental housing. 2.License Applicant(s): RL24-000015 2434 North Blossom Circle RL24-000016 4101 Highwood Road RL24-000017 656 Sandstone Circle RL24-000018 2080 North Shore Drive RL24-000019 2438 North Blossom Circle 3.Staff Recommendation: Application requirements are complete and staff recommends approval of the rental licenses listed above with an expiration date of December 31, 2025. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the rental licenses listed above. 39 Date: April 8, 2024 Item: 4 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Grant for Traffic Safety Vehicle - Resolution 7461 1.Background: The Minnesota Department of Public Safety(DPS), Office of Traffic Safety (OTS) has a mandate to promote the safety of those who use public roadways. The National Highway Traffic Safety Administration (NHTSA) provides federal funding to the DPS-OTS to design and implement Minnesota’s highway safety program to reduce traffic crashes and the deaths, injuries, and property damage resulting from those crashes to fulfill this mandate. The DPS-OTS and NHTSA seek to support a traffic safety program • to prevent injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits, • to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles, • to prevent injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance, • to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles, • to prevent injuries and deaths resulting from crashes involving school buses, • to prevent crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles), • to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and postcrash procedures, • to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities , • to improve driver performance through • driver education, • driver testing to determine proficiency to operate motor vehicles, and • driver examinations (physical, mental, and driver licensing), • to improve pedestrian performance and bicycle safety, and • to provide for • an effective record system of crashes (including resulting injuries and deaths), • crash investigations to determine the probable causes of crashes, injuries, and deaths, • vehicle registration, operation, and inspection, and • emergency services. The DPS-OTS awarded a grant to the Orono Police Department to purchase a vehicle to be used to conduct enhanced enforcement. Requirements of the grand includes the purchase of a vehicle with a higher vantage point and must be used to support traffic safety enforcement program. The vehicle can be used any time during the year, but should be used during high visibility events that we participate in as a partner in the Toward Zero Death (TZD) enhanced enforcement events. AGENDA ITEM 40 The City of Orono has been selected to receive a grant through the Office of Traffic Safety for the Traffic Safety Vehicle in the amount of $72,325.00. The City of Orono minimum 20 percent match is $14,465. This grant requires a 20 percent agency match. 2.Staff Recommendation: Motion to approve the Public Safety Vehicle Grant. COUNCIL ACTION REQUESTED 1). Motion to Approve Public Safety Vehicle Grant from the MN Department of Public Safety. 2). Approve resolution to enter grant agreement with MN Department of Public Safety. Exhibits Resolution 7461 Traffic Safty Vehicle.docx 41 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7461 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT OF RESOLUTION NUMBER 7461 WHEREAS, the city of Orono has applied and received a grant from the Minnesota Department of Traffic Safety for a Traffic Safety Vehicle. NOW THEREFORE,BE IT RESOLVED that the Orono City Council: I.Accepts the $72,325.00 to be used toward the purchase of a Public Safety Vehicle. II.Enters in a grant agreement with the Minnesota Department of Public Safety, for the Traffic Safety Vehicle. FURTHER, Chief Correy Farniok is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the ORONO POLICE DEPARTMENT and to be the fiscal agent and administrator of the grant. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on April 8, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 42 Date: April 8, 2024 Item: 5 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Grant for Police Officer - Resolution 7462 1.Background: The Minnesota Department of Public Safety's Office of Justice Programs has an opportunity for police departments to apply for grant funding to assist with hiring of police officers. The Intensive Comprehensive Peace Officer Education and Training (ICPOET) appropriation is designed to recruit candidates who may be interested in a career transition into law enforcement at a time when vacancies are high across the state. This grant will reimburse law enforcement agencies for the cost of a candidate who already has a two or four-year degree from a regional accredited college or university while they obtain the required training need to become a Peace Officer in MN. This includes the candidates salary while attending school. Orono Police Department applied and was awarded a ICPOET grant in the amount of $50,000. The $50,000 will cover the cost of tuition, wages and most of the Fringe/benefits while attending school. 2.Staff Recommendation: Motion to approve the ICPOET Grant. AGENDA ITEM COUNCIL ACTION REQUESTED 1). Motion to Approve the ICPOET grant from the MN Department of Public Safety's Office of Justice Programs. 2). Approve resolution to enter grant agreement with MN Department of Public Safety's Office of Justice Programs. Exhibits B. Resolution 7462 Grant for Police Officer 43 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7462 A RESOLUTION AUTHORIZING GRANT AGREEMENT FOR POLICE OFFICER WHEREAS, the city of Orono applied for and was awarded a grant from the Minnesota Department of Public Safety (DPS) Office of Justice Programs (OPJ). WHEREAS, the grant is for an Intensive Comprehensive Peace Officer Education and Training (ICPOET) to assist in police officer hiring. WHEREAS, the ICPOET is designed to recruit candidates who may be interested in a career transition into law enforcement at a time when vacancies are high across the state. WHEREAS, the OJP will reimburse for the costs of a candidate who already holds a two or four-year degree from a regionally accredited college or university while they obtain the required Professional Peace Officer Education (PPOE). NOW THEREFORE,BE IT RESOLVED that the Orono City Council: I.Accepts $50,000.00 to be used toward the education, training and wages of an ICPOET program candidate. II.Approves the agreement with the Minnesota DPS OPJ for the ICPOET program. FURTHER, Chief Correy Farniok is hereby authorized to execute such agreements and amendments as are necessary to implement the program on behalf of the Orono Police Department and to be the fiscal agent and administrator of the grant. FURTHER, Chief Correy Farniok is directed to submit quarterly progress and expense reports and other grant agreement and OJP grant manual requirements. Adopted by the City Council of Orono, Minnesota at a regular meeting held on April 8, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 44 Date: April 8, 2024 Item: 6 Presenter: James Van Eyll, Fire Chief Section: Consent Agenda Title: Contract for Scheduling Software - Resolution 7467 1.Purpose: The council should review and authorize the software program identified for the Orono Fire Department. 2.Background: Staff has identified the following software to be used by the Orono Fire Department that fits best practices and helps the department become more efficient. Vector Solutions is an online platform that we currently utilize for our online training (Target Solutions) and for our online asset management and checklist platform (Check It). We would utilize Vector Solutions Scheduling to deliver an online platform for our crew scheduling for our firefighters. This online software program also comes with a free app to assist our firefighters in picking their shifts and logging their time for training and calls. Vector Solutions is a partner with the International Association of Fire Chiefs (IFAC). 3.Cost: Vector Solutions scheduling annually is $3,039 and there is a one time set up charge of $800 total. Vector Solutions is waving their one time set up charge since we already are using their other two platforms. 4.Funding: All funding for request was budgeted for in our department operating budget, which was approved in December. 5.Staff Recommendation: I recommend to authorize the use of Vector Solutions Scheduling for online scheduling platform. The Council should authorize the City of Orono to enter into a contract with Vector Solutions. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the contracts with Vector Solutions Scheduling. Exhibits A. Orono Fire Dept Vector Scheduling Client Agreement final.pdf B. Resolution_7467_Contract_for_Scheduling_Software.docx 45 Quote ID Q-321214 Valid Until Sunday, March 31st, 2024 Contact Name Scott Pallack Page 1 Public Sector SaaS Rev. U (Issued 02.02.2022) TargetSolutions Learning, LLC Agreement Schedule A Date: Friday, March 29, 2024 Client Information Client Name: Orono Fire Department (MN) Address: 2750 Kelley Parkway Long Lake, MN 55356 Primary Contact Name: James Van Eyll Primary Contact Phone: 952-249-4631 Agreement Term Effective Date: 04/30/2024 Initial Term: 36 months Invoicing Contact Information (Please fill in missing information) Billing Contact Name: James Van Eyll Billing Address: 2750 Kelley Parkway Long Lake, Minnesota 55356 Billing Phone: 952-249-4631 Billing Email: jvaneyll@oronomn.gov PO#: Billing Frequency: Annual Payment Terms: Net 30 Annual Fee(s) Product Code Product Description Minimum Annual Commitment Price Sub Total TSSCH Vector Scheduling Vector Scheduling for web and mobile 25 $115.00 $2,875.00 TSSCHMF Vector Scheduling - Maintenance Fee Annual maintenance of Vector Scheduling 1 $164.00 $164.00 Annual Total::$3,039.00 46 Page 2 Public Sector SaaS Rev. U (Issued 02.02.2022) One-Time Fee(s) Product Code Product Description Qty Price Sub Total SCHIMP Vector Scheduling Implementation Investment Implementation investment for Vector Solutions Scheduling Platform 1 $800.00 $800.00 OTD One-Time Discount Discount for: Vector Scheduling Implementation Investment 1 ($800.00) ($800.00) One-Time Total: $0.00 Grand Total (including Annual and One -Time): $3,039.00 Please note this is not an invoice. An invoice will be sent within fourteen (14) business days. Additional Terms and Conditions. The following are in addition to the Client Agreement General Terms and Conditions. 1. Additional Named Users added after the Effective Date will be invoiced at the full per Named User fee. Such additional Named Users shall become part of the Minimum Annual Commitment for subsequent years, on the anniversary date of each contract year or upon renewals under the Agreement. 2. You agree to pay for the number of Named Users using or licensed to access the Services in a given contract year. Subject to the Minimum Annual Commitment, Changes in Named User counts will be reflected in the annual contract amount from that period forward for all Users. 3. Subject to the above Minimum Annual Commitment, annual fees for your use of the Services will be based upon the number of Named Users in a given contract year. 4. Named Users deactivated in a given contract year will not count towards the total number of Named Users in the year following such deactivation, unless reactivated. 5. Fees, both during the Initial Term, as well as any Renewal Terms, shall be increased by 5.0% per contract year. Changes in Named User counts will be reflected in the annual contract amount from that period forward for all Users. 6. All undisputed invoices are due and payable Net 30 days after invoice date (“Due Date”). Any fees unpaid for more than 10 days past the Due Date shall bear interest at 1.5% per month or the highest applicable rate permitted by law. 7. AUTOMATIC RENEWAL. UNLESS OTHERWISE AGREED OR WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION, UPON EXPIRATION OF THE ABOVE INITIAL TERM, THIS AGREEMENT WILL RENEW FOR A RENEWAL TERM EQUAL TO THE INITIAL TERM AT VECTOR SOLUTIONS’ THEN CURRENT FEES, UNLESS NOTICE IS GIVEN BY EITHER PARTY OF ITS INTENT TO TERMINATE THE AGREEMENT AT LEAST SIXTY (60) DAYS PRIOR TO THE SCHEDULED TERMINATION DATE. Address for Notices: 4890 W. Kennedy Blvd., Suite 300 Tampa, FL 33609 2750 Kelley Parkway Long Lake, MN 55356 47 Page 3 Public Sector SaaS Rev. U (Issued 02.02.2022) VECTOR SOLUTIONS PUBLIC SECTOR SOFTWARE AS A SERVICE AGREEMENT This Vector Solutions Software as a Service Agreement (the “Agreement”), effective as of the date noted in the attached Schedule A (the “Effective Date”), is by and between TargetSolutions Learning, LLC, d/b/a Vector Solutions, (“We/Us””) a Delaware limited liability company, and the undersigned customer (“You/Your”), (each a “Party” or “Parties) and governs the purchase and ongoing use of the Services described in this Agreement. GENERAL TERMS AND CONDITIONS 1. SERVICES. We shall provide the following Software as a Service (“Services”): 1.1. Access and Use. We grant You a non-exclusive, non-transferable revocable authorization to remotely access and use the software as a service offering identified in Schedule A (the “Services”) and, unless prohibited by law, We will provide access to any persons You designate for use as described in these terms and conditions. For clarification, We authorize access and use on a “one user per one authorization basis” and once granted, You are not allowed to transfer authorizations to other users. Your ability to use the Services may be affected by minimum system requirements or other factors, such as Your Internet connection. 1.2. Availability. We will use commercially reasonable efforts to provide access to and use of the Services twenty-four (24) hours a day, seven (7) days a week, subject to scheduled downtime for routine maintenance, emergency maintenance, system outages, and other outages beyond our control. 1.3. Help Desk. We will assist You as needed on issues relating to usage via e-mail, and a toll-free Help Desk five (5) days per week, at scheduled hours, currently 8:00am to 6:00 pm Eastern Time, Monday-Friday or https://support.vectorsolutions.com/s/contactsupport 1.4. Upgrades and Updates. We reserve the right, in our discretion, to make updates or upgrades to the Services that are necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of the Services; (ii) the competitive strength of or market for the Services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable law. For no additional charge, You will receive access to any general upgrades and updates to the Services which We make generally available to our other customers. All updates and upgrades to the Services are subject to these terms and conditions. 1.5 Additional Services. From time to time, the Parties may decide in their discretion to add additional Services, subject to the Parties’ execution of one or more change forms which shall be substantially in the form of the Schedule A and shall incorporate these terms and conditions by reference. Each individual Schedule A shall have its own service term. 2. YOUR RESPONSIBILITIES AND USE RESTRICTIONS. 2.1. Compliance. You shall be responsible for all Users’ compliance with this Agreement and shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services. You shall comply with all applicable laws, standards, and regulations and will not use the Services in a manner not specified or permitted by Us. 2.2. Identify Named Users. A “Named User” is defined as Your employees, consultants, contractors, and agents You authorize to access and use the Services You are purchasing during each contract year (“Term”) of the Agreement. 2.2.1. You will be responsible for the following: (a) cause each of Your Named Users to complete a unique profile if not created by Vector Solutions on their behalf; and (b) timely maintain a user database by adding a unique profile for each new Named User. Due to licensing and data retention requirements, Named Users may not be removed from our system unless required by law. You will be responsible for identifying Named Users from time to time during the Term of this Agreement through available system capabilities. 2.3. Future Functionality. You agree that Your purchases are not contingent on Our delivery of any future functionality or features. You are not relying on any comments regarding future functionality or features. 3. FEES AND PAYMENTS. 3.1. Fees and Payment. You will pay for the Services in accordance with the payment terms, frequency, and fee schedule in Schedule A attached to this Agreement. All fees collected by Us under this Agreement are fully earned when due and nonrefundable when paid, except if You terminate this Agreement for cause as described in Section 5.2. 3.2. Due Date. All fees due under this Agreement must be paid in United States Dollars or Canadian Dollars or as specified in Schedule A as applicable to Your location. We will invoice You in advance and all undisputed invoices are due and payable on the due date specified in Schedule A. 3.3. Suspension of Service. If You do not make an undisputed payment on time, We may suspend Your or Your Named Users’ access to the Services without further notice until all overdue payments are paid in full. Our suspension of Your use of the Services or termination of the Agreement for Your violation of the terms of this Agreement will not change Your obligation to pay any and all payments due for the applicable Term. 48 Page 4 Public Sector SaaS Rev. U (Issued 02.02.2022) 3.3.1. We may also suspend, terminate, or otherwise deny Your access or any Named User’s access to or use of all or any part of the Services, without incurring any liability to You, if: (a) We receive a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Us to do so; or (b) We believe, in good faith and reasonable discretion, that: (i) You or any Named User, have failed to comply with any term of this Agreement, or accessed or used the Services beyond the scope of the rights granted, or for a purpose not authorized under this Agreement; or (ii) Your use of the Services causes a direct or indirect threat to our network function or integrity, or to Our other customers' ability to access and use the Services; or (iii) You or any Named User, are or have been involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Services; or (iv) this Agreement expires or is terminated. This Section 3.3 does not limit any of Our other rights or remedies under this Agreement. 3.4. Taxes. All fees under this Agreement exclude all sales, use, value-added taxes, and other taxes and government charges, whether Federal, State, or foreign, and You will be responsible for payment of all such taxes (other than taxes based on our income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or performance of the Services hereunder. If We have a legal obligation to pay or collect taxes for which You are responsible under the Agreement, then then We will invoice, and You will pay the appropriate amount unless You claim tax exempt status for amounts due under this Agreement and provide Us with a valid tax exemption certificate (authorized by the applicable governmental authority) promptly upon execution of this Agreement. If any taxes shall be required by law to be deducted or withheld from any fee payable hereunder by You to Us, You shall, after making the required deduction or withholding, increase such fee payable as may be necessary to ensure that We shall receive an amount equal to the fee We would have received had no such deduction or withholding been made. 4. INTELLECTUAL PROPERTY RIGHTS. 4.1. We alone (and our licensors, where applicable) shall own all rights, title, and interest in and to our software, website and technology, the course content (if any), and the Services We provide, including all documentation associated with the Services. If You provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You (collectively “Feedback”), We may use such Feedback to improve the Services without charge, royalties, or other obligation to You, and Our use of Your Feedback does not give You any property rights to the Services. The Vector Solutions name and logo are trademarks of Vector Solutions, and no right or license is granted to You to use them. You shall own all rights, title, and interest in and to Your added software, Your content, and information collected from Your content pages (“Your Data”). You shall have no rights in or to any other data collected that is not affiliated with You. Your content, email addresses, and personal information of Your Named Users or Your EHS Active Employees You entered into the database, or any of Your customers or users is Your sole property. We will not, at any time, redistribute, share, or sell any of Your email addresses, email server domain names, customer names, or personal information. Course content that You purchase from third-party course providers and access through our LMS will require the sharing of certain user information with Us in order for Us to properly track and report usage. 4.2. You recognize that We regard the software We have developed to deliver the Services as our proprietary information and as confidential trade secrets of great value. You agree not to provide or to otherwise make available in any form the software or Services, or any portion thereof, to any person other than Your Named Users without our prior written consent. You further agree to treat the Services with at least the same degree of care with which You treat Your own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Services. 4.2.1 Except as otherwise agreed in writing or to the extent necessary for You to use the Services in accordance with this Agreement, You are not allowed to: (a) copy the course content in whole or in part; (b) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, transfer or in any way exploit the course content in whole or in part; (c) embed the course content into other products; (d) use any of our trademarks, service marks, domain names, logos, or other identifiers or any of our third party suppliers; (e) reverse engineer, decompile, disassemble, or access the source code of any of our Services or software, (f) use the software or Services for any purpose that is unlawful; (g) alter or tamper with the Services and/or associated documentation in any way; (h) attempt to defeat any security measures that We may take to protect the confidentiality and proprietary nature of the Services; (i) remove, obscure, conceal, or alter any marking or notice of proprietary rights that may appear on or in the Services and/or associated documentation; or (j) except as permitted by this Agreement, knowingly allow any individual or entity under Your control to access Services without authorization under this Agreement for such access. 4.3. We acknowledge that You alone shall own all rights, title, and interest in and to Your name, trademarks, or logos, and this Agreement does not give Us any rights of ownership to the same. You hereby authorize Us to use Your name, trademarks, or logos in promotional materials, press releases, advertising, or in other publications or websites, whether oral or written. If You do not consent to Our use of Your name or logo, You may withdraw Your consent at any time by notifying Us at logousage@vectorsolutions.com. 5. TERM, TERMINATION, AND NOTICE. 5.1 Term. The term of this Agreement will start on the Effective Date, and will remain in full force and effect for the initial term (the “Initial Term”) indicated in Schedule A. Upon expiration or early termination of this Agreement by either Party as described below in Section 5.2 (Termination for Cause) or for any reason, You shall immediately discontinue all use of the Services and documentation, and You acknowledge that We will terminate Your ability to access the Services. Notwithstanding, access to the 49 Page 5 Public Sector SaaS Rev. U (Issued 02.02.2022) Services may remain active for thirty (30) days solely for purpose of our record keeping (the “Expiration Period”). If You continue to access or use the Services following the Expiration Period, then Your continued use will renew the Agreement under the same terms and conditions, subject to any annual price adjustments. 5.2 Termination for Cause. Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”), if the Defaulting Party materially breaches this Agreement, and that breach is incapable of cure, or with respect to a material breach capable of cure, and the Defaulting Party does not cure the breach within thirty (30) days after receipt of written notice of the breach. If You terminate this Agreement due to Our material breach, then We will return an amount equal to the pro-rated fees already paid for the balance of the term as of the date of termination as Your only remedy. 5.3. Notice. All required notices by either Party shall be given by email, personal delivery (including reputable courier service), fees prepaid, or by sending the notice by registered or certified mail return receipt requested, postage prepaid, and addressed as set forth in Schedule A. Such notices shall be deemed to have been given and delivered upon receipt or attempted delivery (if receipt is refused), as the case may be, and the date of receipt identified by the applicable postal service on any return receipt card shall be conclusive evidence of receipt. Notices and other communications sent by e-mail shall be deemed received upon the sender's receipt of an acknowledgment from the recipient (such as by the "return receipt requested" function, as available, return e-mail or other written acknowledgment). Either Party, by written notice to the other as described above, may alter its address for written notices. 6. MUTUAL WARRANTIES AND DISCLAIMER. 6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that: (a) it is duly organized, validly existing, and in good standing as a corporation or other entity under the Laws of the jurisdiction of its incorporation or other organization; (b) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (c) the acceptance of this Agreement has been duly authorized by all necessary corporate or organizational action ; and (d) when executed and delivered by both Parties, this Agreement will constitute the legal, valid, and binding obligation of each Party, enforceable against each Party in accordance with its terms. 6.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES AND ASSOCIATED DOCUMENTATION ARE PROVIDED “AS IS,” AND WE PROVIDE NO OTHER EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES REGARDING THE SERVICES OR ASSOCIATED DOCUMENTATION. 6.3. Disclaimer of Third-Party Content. If You upload third-party content to our platform or Services, the third- party content providers are responsible for ensuring their content is accurate and compliant with national and international laws. We are not and shall not be held responsible or liable for any third-party content You provide or Your use of that third-party content. THERE IS NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIRD PARTY CONTENT ACCESSIBLE THROUGH THE SERVICES. 6.4 None of our employees, marketing partners, resellers, or agents are authorized to make any warranty other than the Warranties stated in this Agreement. The provisions in any specification, brochure, or chart are descriptive only and are not warranties. 7. LIMITATION OF LIABILITY. EXCEPT FOR CLAIMS RELATED TO VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, GROSS NEGLIGENCE, FRAUD, OR WILFULL MISCONDUCT, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY, ANY AFFILIATE, THIRD-PARTY, OR YOUR USERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, AND (B) IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING FOR BREACH OF THIS AGREEMENT), YOU AGREE THAT YOUR EXCLUSIVE REMEDY WILL BE TO RECOVER DIRECT DAMAGES FROM US, UP TO AN AMOUNT EQUAL TO THE TOTAL FEES ALREADY PAID TO US FOR THE PRECEDING TWELVE (12) MONTHS. 7.1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, ANY AFFILIATE, ANY THIRD PARTY OR YOUR USERS FOR ANY CLAIM, CAUSE OF ACTION, DEMAND, LIABILITY, DAMAGES, AWARDS, FINES, OR OTHERWISE, ARISING OUT OF OR RELATING TO PERSONAL INJURY, DEATH, OR OTHER HARM CAUSED FROM USE OF OR RELIANCE ON THE CONTENT OF THE COURSES OR SERVICES. YOU, YOUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, USERS, AND REPRESENTATIVES RELY ON THE CONTENT OF THE COURSES AND SERVICES AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES SO, SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 8. OBLIGATIONS OF BOTH PARTIES. 50 Page 6 Public Sector SaaS Rev. U (Issued 02.02.2022) 8.1. Our Obligation to You. We shall indemnify and hold You harmless from any and all claims, damages, losses, and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third-party claim that any document, course, or intellectual property We provide or upload to our platform infringes or violates any intellectual property right of any person. 8.2. Your Obligation to Us. To the extent not prohibited by applicable law, You shall indemnify and hold Us harmless from any and all claims, damages, losses, and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third-party claim that any document, courses, or intellectual property You provide or upload to our platform infringes or violates any intellectual property right of any person. 9. CONFIDENTIALITY. 9.1. Each Party may from time to time disclose to the other Party “Confidential Information” which shall mean and include the Services (including without limitation all courses accessed through the Services), all documentation associated with the Services, software code (include source and object code), marketing plans, technical information, product development plans, research, trade secrets, know-how, ideas, designs, drawings, specifications, techniques, programs, systems, and processes. 9.2. Confidential Information does not include: (a) information generally available to or known to the public through no fault of the receiving Party; (b) information known to the recipient prior to the Effective Date of the Agreement; (c) information independently developed by the recipient outside the scope of this Agreement and without the use of or reliance on the disclosing Party’s Confidential Information; or (d) information lawfully disclosed by a third party. The obligations set forth in this Section shall survive termination of this Agreement. 9.3. Each Party agrees that it shall not disclose the Confidential Information of the other to any third party without the express written consent of the other Party, that it shall take reasonable measures to prevent any unauthorized disclosure by its employees, agents, contractors or consultants, that it shall not make use of any such Confidential Information other than for performance of this Agreement, and that it shall use at least the same degree of care to avoid disclosure of Confidential Information as it uses with respect to its own Confidential Information. 9.4. The confidentiality obligations imposed by this Agreement shall not apply to information required to be disclosed by compulsory judicial or administrative process or by law or regulation, provided that the receiving Party shall (if permitted) notify the disclosing Party of the required disclosure, shall use reasonable measures to protect the confidentiality of the Confidential Information disclosed, and shall only disclose as much Confidential Information as is required to be disclosed by the judicial or administrative process, law, or regulation. 10. MISCELLANEOUS. 10.1. Assignment. Neither Party may freely assign or transfer any or all of its rights without the other Party’s consent, except to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided however You shall not assign this Agreement to our direct competitors. 10.2. Governing Law. This Agreement shall be governed by, and enforced in accordance with, the laws of the state of Florida, except where Customer is a public entity or institution in which case the applicable state, provincial, or tribal law where You are located shall govern, in either case without regard to the state’s or local laws conflicts of laws provisions. If You are purchasing goods under this Agreement, the Parties agree that the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods shall not apply to this Agreement. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION ARISING HEREUNDER. 10.3. Export Regulations. All Content and Services and technical data delivered under this Agreement are subject to applicable US and Canadian laws and may be subject to export and import regulations in other countries. Both Parties agree to comply strictly with all such laws and regulations and You knowledge that You are responsible for obtaining such licenses to export, re- export, or import as may be required after delivery. 10.4. Force Majeure. In no event will either Party be liable or responsible to the other Party or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any obligations to make payments) when and to the extent such failure or delay in performing is due to, or arising out of, any circumstances beyond such Party’s control (a “Force Majeure Event”), including, without limitation, acts of God, strikes, lockouts, war, riots, lightning, fire, storm, flood, explosion, interruption or delay in power supply, computer virus, governmental laws, regulations, or shutdown, national or regional shortage of adequate power or telecommunications, or other restraints. 10.5. No Waiver. No waiver, amendment or modification of this Agreement shall be effective unless in writing and signed by the Parties. 10.6. Severability. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect, but the remainder of this Agreement shall continue in full force and effect. 10.7. Survival. All provisions of this Agreement (including without limitation those pertaining to confidential information, intellectual property ownership, and limitations of liability) that would reasonably be expected to survive expiration or early termination of this Agreement will do so. 51 Page 7 Public Sector SaaS Rev. U (Issued 02.02.2022) 10.8. No Third-Party Beneficiaries. The Parties do not intend to confer any right or remedy on any third party under this Agreement. 10.9. Purchase Orders. You may issue a purchase order if required by Your company or entity and failure to do so does not cancel any obligation You have to Us. If You do issue a purchase order, it will be for Your convenience only. You agree that the terms and conditions of this Agreement shall control. Any terms or conditions included in a purchase order or similar document You issue that conflict with the terms and conditions of this Agreement will not apply to or govern the transaction resulting from Your purchase order. 10.10. Data Processing Agreement. If applicable, the parties shall negotiate in good faith and enter into any further data processing or transfer agreement, including any standard contractual clauses for transfers of data outside of the country where the personal data originates, as may be required to comply with applicable laws, rules and regulations regarding the collection, storage, transfer, use, retention and other processing of personal data. 10.11. Entire Agreement. This Agreement and Schedule A represent the entire understanding and agreement between the Parties, and supersedes all other negotiations, proposals, understandings, and representations (written or oral) made by and between You and Us. You acknowledge and agree that the terms of this Agreement are incorporated in, and are a part of, each purchase order, change order, or Schedule related to our provision of Services. This Agreement prevails over any additional or conflicting terms or conditions in any Customer purchase orders, online procurement terms, or other non-negotiated forms relating to the Services or this Agreement hereto even if dated later than the effective date of this Agreement. SPECIAL TERMS AND CONDITIONS CALIFORNIA CONSUMER PRIVACY ACT If We will be processing personal information subject to the California Consumer Privacy Act, sections 1798.100 to 1798.199, Cal. Civ. Code (2018) as may be amended as well as all regulations promulgated thereunder from time to time (“CCPA”), on Your behalf in the course of the performance of the Services, then the terms “California consumer,” “business purpose,” “service provider,” “sell” and “personal information” shall carry the meanings set forth in the CCPA. CCPA Disclosures: To the extent the CCPA applies to our processing of any personal information pursuant to Your instructions in relation to this Agreement, the following also apply: (a) The Parties have read and understand the provisions and requirements of the CCPA and shall comply with them; (b) It is the intent of the Parties that the sharing or transferring of personal information of California consumers from You to Us, during the course of our performance of this Agreement, does not constitute selling of personal information as that term is defined in the CCPA, because You are not sharing or transferring such data to Us for valuable consideration; (c) We will only use personal information for the specific purpose(s) of performing the Services, including any Schedules within the direct business relationship with You. SERVICE SPECIFIC TERMS AND CONDITIONS A. Vector EHS Management Services A. This Section A contains service specific terms and conditions that will apply only if You are purchasing Vector EHS Management Services (“EHS Services”) in Schedule A. Otherwise, the following terms will not apply to You. 1. An “EHS Active Employee” is defined as Your employees, consultants, contractors, and agents who are contained in the Vector EHS employee and contractor table with an active status. An employee may or may not be a Named User. For EHS Services, You are allowed a Named User for each EHS Active Employee. 2. You will be able to activate or disable employees without incurring additional EHS Active Employee fees as long as the total number of EHS Active Employees does not exceed the number of employees included in Scheduled A. 3. EHS Active Employees added after the Effective Date in Schedule A shall be billed at the full per employee fee. Such additional EHS Active Employees shall become part of the Minimum Annual Commitment for subsequent years, on the anniversary date of each contract year or upon renewals under the Agreement. 4. You agree to pay for the number of EHS Active Employees in the EHS Services in a given contract year. 5. Subject to the Minimum Annual Commitment, if any, set forth in Schedule A, annual fees for Your use of the Services will be based upon the actual number of EHS Active Employees in a given contract year. Employees inactivated in a given contract year will not count towards the total number of employees in the year following such inactivation, unless reactivated. 6. You acknowledge that certain transmissions You receive as part of the EHS Services may contain sensitive personal information that You have provided. You understand that We do not control or own the data contained in such transmissions. As such, You will be responsible for ensuring that the information is secured and preventing the transmission and/or disclosure of such information to unauthorized recipient(s). In the event such information is disclosed to an unauthorized recipient(s), You shall be responsible for notifying Your EHS Active Employee(s) whose information may have been disclosed 52 Page 8 Public Sector SaaS Rev. U (Issued 02.02.2022) to the extent required by law. Both Parties further agree to handle such data in compliance with any applicable Federal, State, or local laws or regulations. You shall also be responsible for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any of Your EHS Active Employees when using the Services. To the extent not prohibited by applicable law, You shall indemnify, defend, and hold Us harmless against any claims that may arise as a result of these matters. With respect to Your use of the EHS Services, You acknowledge that We are not a covered entity or business associate under HIPAA. B. Vector WorkSafe Services and Vector LiveSafe Services This Section B. contains service specific terms and conditions that will apply if You are licensing or using Vector WorkSafe Services, LiveSafe Essentials or Vector LiveSafe Services (collectively “LiveSafe Services”) in Schedule A. Otherwise, the following terms will not apply to You. 1. Authorized Users. Authorized Users (interchangeably may be referred to as “Named Users” means the employees, contractors and/or consultants under Your control who You authorized to operate the LiveSafe Services . 2. Your Responsibilities. You shall: (i) not permit any person or entity, other than designated Authorized Users, to access the LiveSafe Services; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the LiveSafe Services, (iii) provide prompt written notice of any unauthorized access or use; and (iv) instruct Authorized Users to comply with all applicable terms of this Agreement. 3. Your Data. You agree that We may only use data collected, extracted or received through Your use of the Services (“Your Data”) in an anonymized and aggregated manner (without specifically identifying You, Your users or Your location(s)) for the sole purpose of reporting LiveSafe Services metrics, training and education about the LiveSafe Services, and improving the LiveSafe Services (except as may be required by law, court order, or as needed to provide the Services to You). Your Data shall not include any information collected, extracted, or received in response to the WorkSafe Integrated Health Survey. Within thirty (30) business days following Your written request, and not more than four (4) times per year or upon termination of this Agreement, We will provide to You a backup copy of Your Data in Our possession. C. Vector Evaluations+ Services. This Section C. contains service specific terms and conditions that will apply only if You are purchasing Vector Evaluations+ Software as a Service in Schedule A. Otherwise, the following terms will not apply to You. 1. Access and Use. We will provide You a nonexclusive, non-transferable, revocable authorization to remotely access and use the Vector Evaluations+ Software as a Service: (i) on Our application server over the Internet, (ii) transmit data related to Your use of the Service over the Internet, and (iii) download and use the Evals + mobile device application software (referred to collectively as “Evals+ Services”). We will provide accounts for Your users on the application server for storage of data and use of the Service. The number of Named Users, start of service, and duration, are as stated in Schedule A. 2. If Your active user accounts exceed the number of Named Users during the term of this Agreement, You agree to pay for the additional Users, based on the per User fees in Schedule A. Adjusted fees will apply beginning on the month the number of Named Users are exceeded and will be prorated for the remainder of the current 12-month period. You agree to pay for the number of Users using or authorized to access the Services in a given contract year. 3. Your Content. You will be the owner of all content created and posted by You. You will also be the owner of all content created and posted by Us on Your behalf, including but not limited to evaluation forms added to the system as part of support services We provide. 4. Third-Party Content. You are responsible for proper licensing of, and assuming liability for, copyrighted material which You post on Our system, or is posted on the system by Us on Your behalf. This includes but is not limited to copyright protected evaluation forms and other materials from third parties. If You upload third-party content to Our platform, such third-party content providers are responsible for ensuring their content is accurate and compliant with national and international laws. 5. Effect of Termination. You will have thirty (30) days after the effective date of termination or expiration of this Agreement to export Your data using the software tools provided, or to request Your data from Us. Form data will be available as exported comma separated variable (CSV) files and as PDF files. Uploaded data files will be available in their original format. After the thirty (30) day period, We have no obligation to maintain or provide data and may thereafter delete or destroy all copies of the Your data, unless legally prohibited. D. Vector CheckIT™. Customer Obligations. When purchasing Vector CheckIT™, You will identify stations, vehicles, drug safes, and other service specific details, as may be applicable. E. Vector LMS and Services which include access to the Shared Resource Feature. 53 Page 9 Public Sector SaaS Rev. U (Issued 02.02.2022) If You choose to participate by uploading Your information to the shared resource sections of our website, You hereby authorizes Us to share any intellectual property you own (“User Generated Content”) that Your Users upload to the shared resources section of our website with our third-party customers and users that are unrelated to you (“Our Other Customers”); provided that We must provide notice to Your users during the upload process that such User Generated Content will be shared with Our Other Customers. F. Casino Services. When purchasing Casino Services, in addition to the Responsibilities and Restrictions in Section 2 of the General Terms and Conditions above, the following shall apply to You: You must request Our written approval for third party access to the Services or content. Your request for third-party access shall include the third party’s names, company, and contact information. Upon Our request, You shall execute a written agreement with the third party, securing for Us the rights provided in this Section, Section 4 (Intellectual Property Rights), and Special Section 1 (Confidentiality) prior to providing access to Our Software, Services or Content under this Agreement. Use Restrictions. You shall not: (a) transmit or share the course content, with any persons other than authorized users (b) provide or otherwise make available the course content in whole or in part, in any form to any person without Our prior written consent; (c) transmit or share identification or password codes to persons other than authorized users (d) permit the identification or password codes to be cached in proxy servers, (e) permit access by individuals who are not authorized under this Agreement, or (f) permit access to the software through a single identification or password code being made available to multiple users on a network. The Parties have executed this Agreement by their authorized representatives as of the last date set forth below. TargetSolutions, LLC d/b/a Vector Solutions Orono Fire Department (MN) 4890 W. Kennedy Blvd., Suite 300 Tampa, FL 33609 2750 Kelley Parkway Long Lake, MN 55356 By: \ By: \ Printed Name: Jillian Conrad Printed Name: James Van Eyll Title: Account Executive - Team Lead Title: Chief Date: \ Date: \ 54 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7467 A RESOLUTION APPROVING CONTRACT FOR SCHEDULING SOFTWARE WHEREAS, the city of Orono is required by Minn. Stat. 471.89 to authorize contracts in advance of performance. WHEREAS, the city of Orono Fire Department identified a need for scheduling software for its firefighters. WHEREAS, the contract price of $3,039 annually and $800 one-time setup from Vector Solutions, which Vector Solutions waived the one-time setup fee. WHEREAS, the software benefits Orono residents. WHEREAS, the City Council finds that the contract agreement is appropriate. NOW THEREFORE,BE IT RESOLVED that the Orono City Council approves the contract with Vector Solutions. Adopted by the City Council of Orono, Minnesota at a regular meeting held on April 8, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 55 Date: April 8, 2024 Item: 7 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Donation for Police Equipment - Resolution 7468 1.Purpose: The purpose of this action item is to gain approval to accept a donation. The City of Spring Park is donating $30,000 of its Public Safety Aid to the Orono Police Department. 2.Background: The police department has received a donation of $30,000 from the City of Spring Park. The donation is part of the Public Safety Aid that the city of Spring Park received. The City of Spring Park wishes to have this Public Safety Aid be used toward the purchase and training for a police K-9 and other police equipment such was ballistic shields, etc.. 3.Staff Recommendation: I recommend approval to accept the $30,000 donation from the City of Spring Park. AGENDA ITEM COUNCIL ACTION REQUESTED Motion for approval to accept the $30,000 donation from the City of Spring Park to be used toward the purchase and training of a K-9 and other police specialty equipment. Exhibits Resolution XXXX - donation to police Resolution 7468 Donation to Police 56 223250v2 RESOLUTION ACCEPTING DONATION WHEREAS,City of Spring Park wishes to make a donation to the Cityof Orono (“City”) in the amount of $30,000 to the Orono Police Department; and WHEREAS,the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS,the City desires to accept the donation; and WHEREAS,the donation has been contributed to the City for the benefit of its citizens; and WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 8 day of April, 2024, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Its Mayor ATTEST: ______________________________ Its City Clerk CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO._____________________ 57 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7468 A RESOLUTION ACCEPTING DONATION OF $30,000 WHEREAS, the city of Orono is authorized by Minn. Stat. 465.03 to accept donations of real and personal property for the benefit of its residents and is specifically authorized to accept gifts; WHEREAS, the city of Spring Park has offered to donate $30,000 to the city of Orono for the Orono Police Department. WHEREAS, the terms or conditions are that the funds be used towards the purchase and training of a police K-9 and other police specialty equipment such as ballistic shields, etc. WHEREAS, the donation has been offered to Orono for the benefit of its residents. WHEREAS, the City Council finds that it is appropriate to accept the donation. NOW THEREFORE,BE IT RESOLVED that the Orono City Council gratefully accepts $30,000 to be used for the purchase and training of a police K-9 and other police specialty equipment such as ballistic shields, etc. FURTHER, staff will issue confirmation to the donor acknowledging the city’s receipt of the donation. Adopted by the City Council of Orono, Minnesota at a regular meeting held on April 8, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 58 Date: April 8, 2024 Item: 8 Presenter: Josh Lemons, Parks & Golf Superintendent Section: Consent Agenda Title: Hire Parks Maintenance Employee 1.Purpose: The purpose of this item is to gain approval to appoint Gregory Fink to the vacant Parks Maintenance position. 2.Background: In March 2024, a vacancy in the Parks Department opened up and staff began to recruit for the vacant position. The Parks Maintenance Worker position is critical to meet the maintenance needs of the parks system, trails, and outdoor spaces for the City of Orono. 3.Recruitment: The selection process for the position involved advertising the position, application screening, and interviews. Staff received over 40 applications for the Parks Maintenance position. Three candidates were selected to participate in the interview process. The candidates were interviewed by a panel made up of a department head, an administrative assistant, and a parks employee. 4.Recommended Candidate: Staff is recommending Gregory Fink to fill the vacant Parks Maintenance position. Gregory has over three years of golf course experience as an assistant at Interlachen Country Club and over five years in landscaping. Gregory comes highly recommended by many in the golf community and excelled during the interview process. 5.Recommended Compensation: Staff recommends that Mr. Fink be appointed to the position of Parks Maintenance Worker effective April 22, 2024. a. Salary. Starting wage of $30.18 (Grade 7, Step 1) b. Benefits. Vacation will accrue at a rate of 10 days per year and follow personnel policy. Vacation and sick leave will begin on the start date. The employee will be eligible to participate in the City's benefit package starting the first day of the month following the start date. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to appoint Mr. Gregory Fink as the Parks Maintenance Worker. 59 Date: April 8, 2024 Item: 9 Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Title: Hire Seasonal Brush Site Attendants 1.Purpose: The purpose of this agenda item is to gain approval of seasonal employee hiring. 2.Background: The city hires seasonal employees to accomplish a variety of tasks. The hourly pay is proposed to be $14.00-$17.00 for Brush Site Attendants. Seasonal employees fall under the 6-month PERA Classification and are therefore excluded from PERA membership. 3.Seasonal Employee Appointments and Candidates: Name Position Wage (Per hour)Remarks Vicki Hines Brush Site Attendant $15.50 Returnee Rick Rohrer Brush Site Attendant $14.50 Returnee AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employees listed in the table above. 60 Date: April 8, 2024 Item: 10 Presenter: Laura Oakden, Community Development Director Section: Consent Agenda Title: Big Island Dock Rental License and Contract Amendment 1.Purpose: To approve the dock rental license and amend the existing contract. 2.Background: In 2021, the City Council established a dock licensing program where non-lakeshore property owners on Big Island could apply to use a dock placed by the City of Orono for access to their property. The first dock license for this program was issued in April of 2022. Joe Thull has once again applied for the dock space and submitted the application before April 15th giving them priority for the dock license. The agreement outlines the terms of use for the rental space on the dock. Staff is proposing to amend the agreement to allow staff discretion for dock removal at the end of the season and dock length. Over the past few years since putting this program into operation outside factors including the low water levels of the lake, winter weather conditions and the scheduling of the dock contractor. These factors have made it challenging to keep the dock in the water until November 1st and for staff to access the island from the dock due to the current 24' length limitation with the low water levels. The agreement still outlines the intent of keeping the dock in until November 1st of the boating season but newly added language will give staff the flexibility on the exact date of dock removal if these challenging circumstances were to happen. Additionally, staff has removed the dock length limitation and it will be at staff's discretion to install an adequate length dock with the intent being that this dock only serves one rental space and for staff accessibility. 3.Staff Recommendation: Staff is recommended the City Council to approve the Big Island Dock Rental License for Joe Thull and adopted the amendments to the contract included in the packet. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the Big Island Dock Rental License for Joe Thull and adopted the amendments to the contract included in the packet. Exhibits A. Joe Thull License Application B. BI-6 Big Island Dock License Contract- Amendments 4.4.24 61 62 63 64 1 221274v1 DOCK SITE LICENSE AGREEMENT THIS LICENSE AGREEMENT is made on April 11, 2022 between the CITY OF ORONO, a Minnesota municipal corporation, located at 2750 Kelley Parkway, Orono, MN 55323 (the “City”), and Joe Thull, an individual who owns property at 6872 Highover Drive, Chanhassen, MN 55317 (“Licensee”). WHEREAS, the City has made available dock sites at specified locations on public property and public rights of way; WHEREAS, Licensee wishes to construct and maintain a dock at a dock site and agrees to the terms of this License Agreement; NOW, THEREFORE, the parties agree as follows: 1. License to Use Property. Subject to the terms and conditions of this License Agreement, the City hereby grants to the Licensee a license to use Dock Site # BI-6 (“Dock Site”), as designated on the official Orono Dock Location Map, located in the right of way extended between 440 and 450 Big Island. 2. Term. The term of this License Agreement will commence on April 11, 2022 and expire November 1, 2022, unless terminated prior thereto as provided herein. If Licensee complies with all terms and conditions contained in this License Agreement and submits a valid license request for the next season that is received no later than April 15, 2023, the Licensee shall have priority for use of the dock for the next season. 3. Conditions. The City and the Licensee agree that the Licensee will use the Dock Site subject to the following conditions: A. Docks. The Licensee household may obtain only one license. B. License plates. Dock license plates shall be issued by the city after approval of the license application. The license plate must be securely fixed to the lakeside end of the licensed dock. License plates shall be maintained by the Licensee and shall remain the property of the City. C. Removal of docks. Upon termination of a dock license, the Licensee must completely vacate the dock and adjacent public right of way. Any accessory item that has not been removed will be removed by the City and all costs the responsibility of the last license holder for that Dock Site. D. Dock Specifications. Docks within right-of-way on Big Island will not extend more than 24 feet from the Ordinary High Water Line (OHW). D.E. Fires. No fires of any kind shall be permitted on the Dock Site. E.F. Landscaping. Licensee shall not cut or disrupt any trees or other vegetation along the shoreline in any way. All landscaping activity must be approved by the City. 65 2 221274v1 F.G. Mowing. Licensee shall mow and maintain the Dock Site area. G.H. Trails and Sidewalks. Licensee shall not obstruct the right of way adjacent to the Dock Site in any way. H.I. Declaration of Watercraft - Requirements. Watercraft that are moored at a city dock or multiple slip site must be declared on the dock license application. The applicant must provide the City with a copy of the current DNR watercraft registration or U.S. Coast Guard documentation or recently applied for DNR watercraft registration or U.S. Coast Guard documentation for each watercraft, at the time of application. This DNR registration or U.S. Coast Guard documentation must verify that the watercraft is in the name of the Licensee. If a declared watercraft is removed from the city dock program, the site holder may substitute a replacement watercraft upon providing the City with required documentation as stated above. Newly declared replacement watercraft may be subject an additional LMCD fee. A. No other watercraft shall be moored at a city dock site. License grants the Licensee one boat per dock site. IJ. Dock Accessories. All dock accessories must be approved in writing prior to use at the Dock Site. J.K. Storage Items. The Licensee shall not store any accessory items at the dock site except for the boat. The City may remove any accessory items from the dock site and treat it as abandoned property in accordance with law. K.L. Removal of Boat. Upon termination of a dock license, the Licensee must remove the boat. Any item that has not been removed will be removed by the City and treated as abandoned property in accordance with law. L.M. Dock and Dock Site Usage. Docks and dock sites may only be used after the City places the dock on the dock site. The city will endeavor to place docks on dock sites by May 1. The Licensee shall not be entitled to a prorated license fee if the City places the dock on the dock site after May 1. The Licensee shall cease using the dock and dock site on November 1 of each year if conditions allow. The city will endeavor to keep the dock at the site until November 1 of each year. Timing of the removal will be at the discretion of city staff and the contractor responsible for the removal. The Licensee shall remove the boat from the dock site no later than November 1 of each year or when directed by city staff. 4. Rights and Liabilities. Except as provided herein, the Licensee shall be permitted to use the property for the purposes described in this license agreement and shall not use the property for any other purposes. In addition to the provisions of this section, all dock license sites shall fully comply with LMCD regulations and all applicable state laws and regulations. 5. Subject to Inspections. All licensed docks are subject to inspection at reasonable times by the dock inspector or his or her designee. 66 3 221274v1 6. City Access. City staff shall be free to enter the Dock Site for any reason at any time to perform maintenance, landscaping, inspections, and other regulatory functions. 7. Failure to Comply. If the Licensee fails to comply with the terms of this Agreement, the City Code, a state statute or a state regulation, the Licensee shall be notified in writing of the way or ways the dock or Dock Site area does not comply. The Licensee shall have fourteen (14) days to remove the dock or otherwise bring the Dock Site into compliance. If the violation is not corrected within fourteen (14) days, the license shall be revoked, this Agreement shall be terminated and all property shall be removed from the dock lease site unless, within the fourteen (14) days, the Dock Administrator receives from the Licensee a written request for a hearing. 8. Indemnification. The Licensee shall be solely responsible for the dock license site and all activities thereon. The Licensee shall indemnify, defend, and hold the city, its officers, boards, commissions, agents, and employees harmless from and against any and all lawsuits, claims, causes of action, liability, and costs, of any nature that the city may at any time, directly or indirectly, suffer, sustain in any way connected with the grant of a dock license or activities on the dock license site. This indemnity and hold harmless agreement will include indemnity against all costs, expenses, and liabilities incurred in or in connection with any such claims or proceedings brought thereon and the defense thereof. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. 9. Liability Insurance. Licensee will, at Licensee’s sole cost and expense, provide and maintain during the term of this License Agreement a blanket or general liability insurance policy against claims for personal injury, death, or property damage occurring in connection with the use and occupancy of the Dock Site. 10. Property Damage Insurance. Licensee will, at Licensee’s sole cost and expense, provide and maintain all risk property insurance during the term of this License Agreement in an amount sufficient to cover all items of property owned, maintained, or controlled by Licensee, its members, guests and invitees on the Dock Site. 11. Transferability. Big Island dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership, or corporation. Only the license holder may store a boat at the dock. 12. Waiver of Default. Any waiver by the City of a default under the provisions of this License Agreement will not operate or be construed as a waiver of a subsequent default by Licensee. No waiver will be valid unless in writing and signed by the Mayor and attested by the City Clerk on behalf of the City. 13. Invalidity of Provisions. If any term or provision of this License Agreement or any application hereof to any person or circumstance is to any extent found to be invalid or unenforceable, the remainder of this License Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not be effected thereby and each term and provision of this License Agreement will be valid and be enforced to the fullest extent permitted by law. 67 4 221274v1 14. Entire Agreement. This instrument together with the Lease Agreement contain the entire and only agreement between the parties and no oral statements or representations or prior written matter not contained in this instrument will have any force and effect. This License Agreement cannot be modified in any way except by writing executed by both parties. 15. Governing Law. This License Agreement will be governed exclusively by the provisions hereof and by the laws of the State of Minnesota, as the same from time to time exists. 16. Attorney’s Fees. The Licensee shall pay all of the City’s costs, charges, and expenses, including reasonable attorneys’ fees and fees of agents and others retained by the City, incurred in enforcing Licensee’s obligations hereunder or incurred by the City in any litigation, negotiation or transaction in which Licensee causes the City, without the City’s fault, to become involved or concerned. 17. License Fee. Licensee shall pay a license fee of $6,000.00 in full at the beginning of the term of the license by April 11, 2022. Failure to pay the license fee may be cause the denial of the license application. The license fees shall not increase during the term of a license. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. CITY OF ORONO BY: Mayor Dennis Walsh Attest:__________________________________________ Christine Lusian , City Clerk LICENSEE: Joe Thull 68 Date: April 8, 2024 Item: 11 Presenter: Laura Oakden, Community Development Director Section: Consent Agenda Title: LA24-000013, City Code Text Amendments, Chapters 54, 78, and 94 - Ordinance Nos. 302, 303 and 304, Third Series 1.Purpose: Review and adopt City-proposed ordinance amendments and updates consisting of housekeeping edits, language changes, and clarification of existing code language involving Chapters 54 (Solid Waste), 78 (Zoning), and 94 (Waterways). 2.Background: Recodification is a process that includes a thorough and full legal review of the city’s municipal code to ensure that all provisions are comprehensive, lawful, and enforceable. It is recommended that a legal review of the municipal code be conducted every 10-15 years to address the needs of the city's stakeholders. The city code was last republished in 2003. In 2022, the city initiated the current recodification project of the city code. To begin this process, Municode (the city’s code publication vendor) completed an initial chapter-by-chapter review. Orono staff took the results of the Municode review and, over the past 18 months, conducted our own chapter-by-chapter review of the code to identify areas requiring updates. The Staff reviews were followed by review by the City Attorney. 3.Analysis: Proposed Updates for review: City Code Section Proposed Change Chapter 94 – Regulations of Watercraft on Long Lake: 94-136 through 94-142 Housekeeping/correction of typos, create language consistent with the City of Long Lake's ordinance language. Chapter 54 – Solid Waste: 54-32 Remove redundant and inconsistent language Chapter 78- Zoning: 78-1 Adding Definitions that were moved from the Streets Chapter and recommended definitions from the Legal Review 78-1279 Add clarifying word to the definition of ALS 78-1285 Add clarifying Language and remove typos for Vegetation requirements 78-1577 Amending for clarifying and consistent language for exterior storage 78-1682 Add clarifying Language for shared driveways 78-1492 though 78-1510 Adding Language that was removed from the streets chapter to a consistent location within the parking chapter AGENDA ITEM 69 4.Planning Commission Vote and Comment: The Planning Commission held a public hearing and discussed the proposed changes on March 18, 2024. The Planning Commission reviewed the proposed changes and recommended approval of the proposed amendments with a vote of 4 to 0. 5.Public Comment: No public comments were submitted. 6.Staff Recommendation: Staff recommends approval of the proposed Ordinances and Summary Ordinances for publication. COUNCIL ACTION REQUESTED Adopt Ordinances 302, 303 and 304, Third Series; and adopt the corresponding Summary Ordinances prepared for each for publication. Exhibits A. Ord 302. Chapter 54 B. Ord 303. Chapter 78 C. Ord 304. Chapter 94 70 Page 1 of 3 ORDINANCE NO. 302 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING CHAPTER 54 FOR AMENDMENTS AND TYPOS TO THE SECTION THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Sec. 54-32 shall be amended by deleting the strikethrough text and adding the underlined text to read as follows Sec. 54-32. Storage. (a) It is unlawful for any person to store refuse on residential dwelling premises for more than one week. All such storage shall be in five- to 50-gallon metal or plastic containers with tightfitting covers, which shall be maintained in a clean and sanitary condition. Tree leaves, weeds and grass clippings may be stored in plastic bags and tree limbs must be stored in bundles weighing no more than 75 pounds and no longer than four feet. (b) It is unlawful for any person to store refuse on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises; except that containers, sometimes referred to as dumpsters, with closefitting covers may be substituted. (c) It is unlawful for any person to store refuse on commercial establishment premises for more than 48 hours. Such storage shall be in containers as for residential dwelling premises; except that containers, sometimes referred to as dumpsters, with closefitting covers may be substituted. (d) It is unlawful to store organic refuse unless it is drained and wrapped. (e) All refuse and garbage deposited in containers for pickup shall not be stored in the area between the street and the front plane of the house or garage on non-collection days or shall be must be kept within a building. or behind the most streetward portion of the principal or accessory building on the property which is closest to the street. the yard setback line for the district in which the property is located. Refuse must be deposited at one place, at ground level, on each property. Refuse containers must be returned and placed behind the yard setback lineto the storage location by the owner or tenant on the same day that the garbage or refuse is collected. The intent of this subsection is to allow only placement at the curb only on the evening prior to evening and the day of collection of the garbage or refuse container to be in front of the yard setback line. 71 Page 2 of 3 SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 8 day of April, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 72 Page 3 of 3 SUMMARY PUBLICATION ORDINANCE NO. 302 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING STORAGE REGULATIONS The City Council of the City of Orono, Minnesota approved amendments to chapter 54 which include clarifying language, typos, deletion and edits pertaining to storage regulations. 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. 303 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING CHAPTER 78 FOR AMENDMENTS AND TYPOS TO THE SECTION THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Sec. 78-1 shall be amended by deleting the strikethrough text and adding the underlined text to read as follows: Sec. 78-1. 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. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Accessory use, building, or structure means a use, building, or structure subordinate to and serving the principal use or building on the same lot and customarily incidental to the principal use or building. Agriculture means the utilization of land by raising plants, trees or shrubs or the raising of domestic animals or fowl, or both, for the purpose of selling to secure a profit. Airport and heliport mean any land, water or structure which is used or intended for use for the landing or takeoff of aircraft, and any appurtenant land structure used or intended for use for port buildings or other port structures or right-of-way. Alley means a public right-of-way which affords a secondary means of access to abutting property. Amusement center means a business at one location devoted primarily to the operation of amusement machines as described below and open for public use and participation; or locations with four or more amusements machines and open for public use and participation. Amusement machine means a mechanical amusement device of any of the following types: (1) A machine or electronic contrivance, including "pinball" machines, mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical and electronic devices and games or amusements patterned after baseball, basketball, hockey or similar games and like devices, machines or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such devices or machines are located, and 74 which contain no automatic payoff devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to dispense nominal prizes, such as candy or toys, or coupons or tokens redeemable for such prizes. The term does not include coin- operated music machines. (2) Amusement devices designed for and used exclusively as rides by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses and other miniature mechanical devices, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition. Animal unit means, for one animal unit equivalency, one cow or steer; one horse, donkey, alpaca, or llama; two pigs, three sheep or goats; or 25 fowl. Antenna means any of the following uses, which require an antenna and are subject to the regulations of this chapter: (1) Antenna, personal wireless service, means a device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves, including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services, including the support structure. (2) Antenna, radio and television receiving, means a wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television or electromagnetic waves, including the supporting structure. (3) Antenna, satellite dish, means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include but is not limited to what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and their support structures. (4) Antenna, shortwave radio transmitting and receiving, means a wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for shortwave radio communications, including the supporting structure. Antenna support structure means any building or other structure other than a tower which can be used for location of antennas. Antenna tower means a self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. Apiary means a collection of hives or colonies of honeybees kept for their honey. Auto reduction yard means a lot or yard where two or more licensed motor vehicles or their remains are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. 75 Automobile repair, major, means general repair, rebuilding of trailers, including body work, framework and major painting service. Automobile repair, minor, means the replacement of any part or repair of any part which does not require the removal of the engine head or pin, engine, transmission or differential; incidental body and fender work; and minor painting and upholstering service when such service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross rating. Barber shops and beauty shops means a commercial establishment offering cosmetology services which may include hair cutting, coloring, or styling, make-up application or consultation, manicures, and pedicures, and/or which may offer therapeutic massage and body and/or facial treatments such as body packs or wraps, exfoliation, cellulite or heat treatments, body toning, waxing, tanning, aromatherapy, cleansing or medical facials, non-surgical face lifts and other non-surgical cosmetic procedures, electrical toning and electrolysis. Hydrotherapy and steam or sauna facilities, nutrition and weight management, and exercise instruction may be provided in conjunction with such therapeutic massage and body and/or facial treatments. Boardinghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures (and the main building if applicable). (2) The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. Bulk station means distributors' warehouses for materials which are stored in tanks above ground in aggregate capacity on the site of 6,000 gallons or more. Camp means a parcel of land with permanent buildings, tents or other structures together with appurtenances thereon, established or maintained as living quarters where both food and lodging or facilities therefore are provided for ten or more people, operated continuously for a period of five days or more each year for educational, recreational, or vacation purposes, and the use of the camp or participation in its programs are provided to adults and/or children free of charge or for payment of a fee. This definition does not include cabin and trailers camps, fishing 76 and hunting camps, resorts, penal and correctional camps, industrial and construction camps, nor does it include homes operated for care or treatment of children and for the operation of which a license is required by state law or structures used as a dwelling. Carport means an automobile shelter having one or more sides open. Cellar means that portion of the building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. City means the City of Orono, Minnesota. Clean fill means all native soils as described in the Unified Soils Classification System. Organic, manmade and reprocessed materials, topsoil and rocks larger than 0.25 cubic yard (2.9 feet diameter) shall not be considered clean fill. Clinic for human care on an outpatient basis only means a place where a group of licensed medical practitioners provide medical treatment or advice on an outpatient only basis. Columbarium means a repository for the interment of cremated human remains within cinerary urns, including the burial of cremated human remains within cinerary urns or inurnment gardens for the burial or scattering of cremated human remains. Columbaria are accessory to places of worship, cemeteries or mausoleums. Commercial kennel means any premises where three or more domestic animals over six months of age are owned, boarded, bred or offered for sale. Commercial operations means operations where business is conducted by the sale or exchange of goods and/or services on the site for money or other valuable consideration. Commercial recreation means indoor amusement centers, bowling alleys, billiard halls, miniature golf, roller and ice skating rinks, driving ranges, movie theaters, gyms, swimming pools, and sports and health facilities. No commercial recreation use shall take place outside of an enclosed building. An air-supported structure shall not be considered a building for purposes of this section. As used in this ordinance, commercial recreation does not include an adult use defined in section 78-1377b., any use involving the discharge of a firearm, a class II restaurant that provides live entertainment, or any permitted or conditional use in the B-2 district. Commission means the planning commission. Cornice means any horizontal decorative molding that crowns a building or wall. County dock means a dock owned and operated by Hennepin County for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations. 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. Dog boarding means indoor overnight boarding services for more than three dogs aged greater than six months. Dog daycare means indoor daycare services for more than three dogs aged greater than six months. Dog grooming means a premises where pet grooming services such as bathing, teeth cleaning, haircuts, and nail polishing and trimming are provided. 77 Driveway means a paved or otherwise delineated area on private property for the operation of automobiles and other vehicles. Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs, or slopes steeper than 30 percent. Dwelling means a building or part of a building containing independent living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one family, intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. A dwelling shall not be interpreted to include lodging rooms. Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot. Engineered grade means the elevation of the ground, or any paving or sidewalk built upon it, which has been established on the basis of an engineered grading and drainage plan for the property that has been reviewed and approved by the city for the property. Essential services means the erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. Existing ground level means the elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the natural grade of a vacant lot or the engineered grade established by an approved grading plan at the time of final platting or Interim Use Permit. For conditional use permit. Family means any number of individuals generally, but not necessarily, related by blood or marriage, living together at one location maintaining a common household as a single, nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or rooming house, hotel or motel. Family dwelling, multiple, means any structure made up of two or more attached dwellings. Farm animals means cattle, horses, mules, sheep, goats, llamas, alpacas, swine, ponies, ducks, geese, turkeys, chickens or guinea hens. Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is used for storing passenger vehicles, and trailers. Guest apartment means a room or a set of rooms within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their nonpaying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Guest house means adwellinga dwelling unit in a detached accessory building constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their nonpaying guests, of the primary dwelling. For the purposes of this chapter, a guest house is considered a dwelling unit if it meets all of the requirements of a dwelling unit Formatted: Font: (Default) Times New Roman, 12 pt, Italic 78 outlined in the Minnesota State Building Code, as amended from time to time. These requirements include complete independent living facilities with permanent provisions for living, sleeping, eating, cooking, and sanitation. Hardcover means a hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Hardcover shall include but not be limited to the following: all building footprints, driveways, sidewalks, stepping stones, retaining walls, patios, courts (sport, tennis, etc.), decks, pools, areas used for the extended outdoor storage of vehicles or equipment, and all other similar features or surfaces as determined by the city engineer or city planner. Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the property and does not change the primary residential use of the property. Level 1 and level 2 home occupations shall be as defined in [section] 78-1376. Hotel means a building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. In-kind, when used in the context of replacement of a non-conforming building or structure, means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure. Junkyard means an area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Library, public, means a library operated by Hennepin County; or a nonprofit library intended for use by the general public. Local Street means a residential street maintained by the City and which is not defined as a State Highway, County Highway, collector, arterial, or a Municipal State Aid street. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right-of-way. Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot when the corridor is platted as an outlot. A separated lot is considered to be a flag lot when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an easement back lot. Lot, corner, means a lot situated at the junction of, and abutting on, two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. 79 Lot coverage means the total square footage of all building footprints and structures on a parcel. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot, front, means a lot abutting a public or private road, across which an outlot has been platted for access to a back lot. Lot, interior, means a lot other than a corner lot. Lot line means the property line bounding a lot; except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line. Lot line, front, means that boundary of a lot which abuts an existing or dedicated public or private street, and in the case of a corner lot it shall be the shortest dimension on a public or private street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the building inspector. Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. On a lakeshore lot, the rear lot line is the lot line that is opposite the natural ordinary high water mark at the lakeshore. Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line. Lot, lot of record, means any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this chapter. Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Manufactured home or mMobile home means any type of structure or vehicle which can be readily adapted to or does provide facilities for a person to eat or sleep which is mounted on wheels, has provisions for wheels, or may be loaded on an ordinary flatbed truck, such as a house trailer, converted bus or truck, tent or small building. Motor court, motor hotel, and motel mean a building or group of buildings other than a hotel used primarily as a temporary residence. 80 Motor freight terminal means a building or area in which freight brought by motor truck or railroad is transferred and/or stored for movement in intrastate shipment by motor truck. Municipal buildings or facilities means only those structures owned and operated by the city. Natural grade means the elevation of the ground surface in its natural state, prior to excavation or filling. (used for [section] 78-1379 Alternative energy systems) Nonconforming structure means any structure legally existing upon January 1, 1975, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter. Nonconforming use means use of land, buildings or structures legally existing on January 1, 1975, which does not comply with all the regulations of this chapter or any amendments to it governing the zoning district in which such use is located. Noxious matter or materials means material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. Nursery, day, means a use where care is provided for pay for three or more children under kindergarten age for periods of four hours or more per day. OHWL means ordinary high water level Office means a commercial land use involving predominantly administrative, clerical, or professional operations. Commercial offices may include professional administrative training, but shall not include direct retail commercial transaction activities. Office—Showroom means a commercial land use that is comprised of offices and other indoor floor area in which large or bulk goods are both on display and being warehoused in the same space. Examples of such uses commonly include furniture, building materials, or other similar uses. Characteristics of such uses include a lack of other on-site warehousing. Office— Showroom shall not include direct, on-site retail transactions to the end consumer. Office—Warehouse means a commercial land use that is comprised of offices and other indoor space in which materials and equipment are being stored for shipping to other locations for eventual resale or use. Office—Warehouse does not include on-site retail transactions or display. Open sales lot means land devoted to the display of goods for sale, rent, lease or trade where such goods are not enclosed within a building. Outdoor storage means the keeping of materials or equipment on a parcel of land for the purpose of transporting, using or employing such materials or equipment at a future date at another location, either on- or off-site. The keeping of motorized vehicles for more than 24 hours, or other equipment that is not capable of self-powered movement (such as trailers), shall be included in this definition. Parking means the keeping of passenger automobiles and light trucks for a temporary period (usually less than 24 hours) in a space designated and improved for such use according to the requirements of the Zoning Ordinance. Parking does not include storage. 81 Pasture means open, non-treed land containing vegetation which can support grazing by horses, cattle or other domestic animals. Calculations of minimum pasture acreage for the keeping of farm animals shall not include any land defined as a wetland or wetland buffer under section 78-1602. Performance standards means criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Permeable lining (landscaping fabric) means a porous material used for weed prevention that allows storm water to permeate into the ground. Pervious paver means concrete, asphalt or similar blocks with holes of some kind that allow water to go through the surface into a specialized aggregate base—consistent of an open-graded aggregate—and into the soils below. Pervious surface means naturally occurring groundcover or a variety of types of pavement, pavers and other devices that provide stormwater infiltration while serving as a structural surface. Place of worship means a building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship. Place of worship does not include community education or art centers, schools, instructional centers, daycare facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities, theaters or social service distribution facilities. Planning Commission means the City of Orono Planning Commission Public service structures means underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories, but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Restaurants (class I) means a restaurant in which food is served to the customer and consumed by him while seated at a counter or table, and the restaurant does not serve intoxicating liquor or provide live entertainment. Food is selected by a customer while going through a serving line and taken to a table for consumption. Restaurants (class II) means fast food convenience, drive-in and liquor service restaurants; a restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or to be taken to a table, counter, automobile or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve intoxicating liquor or have live entertainment. Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Riding academy means a building, structure or other facility which is used for the instruction and training in the care and handling of horses, mules, donkeys or ponies for a fee or other valuable consideration. 82 Shelter, fallout or blast, means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other emergencies. Sign means any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when displayed or placed outside in view of the general public, and shall include every detached sign. Sign, advertising (billboard), means a sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. Sign, business, means a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises on which such sign is located or to which it is affixed. Sign, business, temporary, means a sign permitted for a limited period of time used to advertise or promote the interests of a single- or multi-use commercial or industrial use. A temporary sign may be attached to a principal structure or detached. Such signage shall include mobile/message board signs, banners and balloons that meet all applicable federal and state standards. Sign, flashing, means an illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times in which such sign is in use. Sign, gross area of, means the area within the frame, which shall be used to calculate the square feet; except that the width of the frame exceeding 12 inches shall constitute advertising space; or should such letters or graphics be mounted directly on a wall or fascia or in any such way as to be without a frame, the dimensions for calculating the square footage shall be the area extended six inches beyond the periphery formed around such letters or graphics bounded by straight lines connecting the outermost points; and each surface utilized to display a message or to attract attention shall be measured as a separate sign. Sign, illuminated, means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Sign, nameplate, means any sign which states the name or address or both of the business or occupant of the lot where the sign is placed or may be a directory listing the names, addresses and business of occupants. Sports and health facility means a facility where members or nonmembers pay a fee to use equipment or space for the purpose of physical exercise or training. A sports and health facility may include aerobics, weight training, muscular exercise programs, yoga, Pilates, court games, jogging, or other similar activities. It may provide as an accessory use personal services to patrons, including but not limited to therapeutic massage, tanning, saunas, and whirlpools. Stable or barn, private, means a building or structure used or intended to be used for the keeping of hoofed animals belonging to the occupant of the property, and kept for noncommercial purposes. Stable or barn, public, means a building or structure used or intended to be used for housing of horses, mules, donkeys or ponies which are owned by those other than the occupant of the 83 property, where animals may be rented for a fee for riding purposes or where riding lessons may be provided. Stock farm means a parcel of land comprising an area of ten acres or more that is used to house and feed any number of farm animals when such farm animals are kept for profit. Stockpiling means on-site storage of ten cubic yards or more of soil and/or aggregate in a concentrated state where the material is intended to be distributed throughout the site or exported from the site. Street means a dedicated public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property. Street or road, private, means any private way set aside as a permanent right-of-way for vehicular access 50 feet or more in width. Structure means anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water. Study and research center means one or more structures, together with the land used in connection therewith, whether contiguous or standing separately, including any building used as a temporary or permanent residence, or a park, nature or playground area, owned or operated by one or more nonprofit charitable, scientific or educational organizations, and used primarily as a center for study, learning, research or educational oriented conferences. Use means the purpose or activity for which the land or building is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter. Use, conditional, means those occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district which, for their respective conduct, exercise or performance in such designated use districts, may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience or safety in such use and in the city and, therefore, may be permitted in such use district only by a conditional use permit, which is designed to meet the problem that arises where certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may represent. Use, permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and performance standards (if any) of such districts. Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Use, secondary, means a use of land or of a building or a portion which is subordinate to and does not constitute the primary use of the land or building. 84 Wholesale greenhouse means an area, building or structure used for the storage, cultivation or transplantation of live trees, shrubs or plants that are not offered for retail sales on the premises. Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, front, means a yard extending across the front of a lot between the side yard lines and lying between the front street line of the lot and the required front yard setback line, which front yard shall be provided on both street frontages of corner lots and double-frontage lots. A lakeshore lot shall not be considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side of the building and a rear yard on the other side of the building. Yard, lakeshore means a yard lying between the natural ordinary high water mark of a public water and a line parallel to it at the Shore Setback. Yard, rear, means a yard lying between the required rear yard setback line and rear line of the lot, for the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line. Yard requirements means those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts. Yard, side, means a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Yard, side street, means a side yard abutting a side street. SECTION 2. Sec. 78-1279 shall be amended by deleting the strikethrough text and adding the underlined text to read as follows: Sec. 78-1279. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (1) Building, structure, and on-site sewerage system setbacks (in feet) from ordinary high water level: Public Water Classification Setbacks Building/Structure Sewage Treatment System Unsewered Sewered NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 85 (2) Additional building and structure setbacks. The following additional setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the Shore Setback zone. (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) on a lakeshore lot than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most 86 lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. SECTION 3. Sec. 78-1285 shall be amended by deleting the strikethrough text and adding the underlined text to read as follows: Sec. 78-1285. Vegetation alterations. (a) No tree within 75 feet of the shoreline of public waters identified in section 78-1217, or within the bluff impact zone, with a diameter of six inches or more (or 19 inches in circumference or greater) measured three feet above the ground may not be removed without first obtaining a permit from the city staff. Live trees removed within 75 feet of the shoreline, shall be replaced based at a similar setback from the OHWL as the removed tree, based oin the following manner: (1) Trees less than 36 inches in diameter 1 inch of replacement tree per inch of tree diameter removed. (2) Trees greater than 36 inches in diameter, ½ inch of replacement tree per diameter inch of tree removed. (3) Replacement trees shall be at least 1.5 inches in diameter, and of a type approved by the city. Removal of trees that are dead shall not require a permit, but such tTrees must be inspected by city staff prior to their removal. Removal of dDead, diseased, or trees deemed hazardous by a certified arborist and removed may not be removed without a permit from city staff. The removed tree(s) shall be replaced at a ratio of one tree per tree removed, regardless of size. The replacement tree shall be replanted at the same lake yard ofat a similar setback from the OWHL as the removed tree and, be approved by the city administrator or designee. The city may solicit the review of the tree by an independent arborist, at the property owner's expense. Replacement trees shall be at least 1.5 inches in diameter. All replacement trees , and of a typeshall be a species native to Minnesota as listed on the Minnesota DNR’s Native Trees list. All replacement trees must be approved by the city. (b) Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 78-1217, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning, and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. 87 (1) All intensive vegetation clearing, including the clearing of invasive species, shall require a permit from city staff and shall require the submittal of a revegetation plan acceptable to the city. The plan shall include erosion control measures if deemed necessary by the city. SECTION 4. Sec. 78-1491 through 78-1510 shall be amended by deleting the strikethrough text and adding the underlined text to read as follows: Sec. 78-1491. Generally. (a) Purpose of off-street parking and loading requirements. Regulation of off-street parking and loading spaces in this division is to alleviate or prevent congestion of the public right- of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking, loading and unloading from motor vehicles in accordance with the utilization of various parcels of land and structures. All applications for an occupancy certificate in all districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with requirements of this division. (b) Application of parking rules in all districts. In addition to the regulations and requirements set forth elsewhere in this chapter, the provisions of this division regarding off-street parking shall apply to the required and nonrequired off-street parking facilities in all use districts. (c) Parking requirements waived for buildings under construction on September 14, 1967. Structures or uses for which a building permit has been issued prior to September 14, 1967, but for which work has not been completed shall be exempt from the parking requirements of this division if the structure is started within six months after September 16, 1967, and continues to completion. (d) Existing parking not to be reduced. Off-street parking spaces and loading spaces existing on September 14, 1967, shall not be reduced in number unless the number exceeds the requirements set forth in this division for a similar new use. (e) Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces shall mean the net usable floor area of the various floors, devoted to retail sales, services, office spaces, processing and fabrication, exclusive of hallways, utility space and storage areas other than warehousing. (f) Seating facilities. In stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facility shall be counted as one seat for the purpose of determining required parking. (g) Size of parking spaces. Each parking space shall be not less than nine feet wide and 20 feet long, and each space shall be served adequately by access drives. For purposes of 88 calculating parking space requirements, one parking space for one vehicle shall equal 300 square feet of storage and maneuvering area, including access drives. (h) Commercial vehicle parking. Off-street parking accessory to residential use shall be subject to the provisions of section 78-1577. Additionally, vehicles in excess of 14,000 pounds GVW shall be subject to the provisions of section 78-1577(3)b. and no trailer in excess of 10,000 pounds GVW shall be parked or stored in a residential district except when loading, unloading or rendering a service. (i) Location of parking. Required off-street parking in the R districts shall be on the same lot as the principal building. (Code 1984, § 10.61(4); Ord. No. 4 3rd series, § 1, 11-11-2003) Secs. 78-1492—78-1510. Reserved. Sec. 78-1492. Residential driveways, approaches and turnarounds. (a) AOne single driveway approach may not shall be allowed to serve more than a maximum of two (2) single residential lots fromto the same road. Lots defined as through lots or corner lots shall only be allowed a driveway approach to only one public road. There shall never be more than A maximum of two (2) driveway approaches shall be allowed on residential lots fronting on a local street. (b) A rResidential driveway approach must be at least shall be a minimum of 8 feet widein width, and shall neverot exceed be wider than 20 feet in width at the intersected right-of- way line. (c) For residences constructed after July 25, 1986, the driveway approach and driveway areas and that part of the driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent paving. This requirement does not shall not be construed to reduce paving otherwise required by performance standards in chapter 78 or standards required as a condition to the granting of a conditional use permit, lot division, subdivision or as designated in the approved site plan. (db) Driveway turnarounds areshall be required on all driveways or driveway approaches entering onto a state highway, county road, or collector roadway as determined in the comprehensive plan. Driveway turnarounds are required, and on all entrances to public roads within the city where deemed necessary by the City Engineer. The City Engineer shall make this determination, based on traffic counts, sight distances, street grades and other relevant factors. If a driveway turnaround is required by the City Engineer, such requirement shall be stated on any permit issued by him pursuant to this article. (ec) All driveway improvements must meet the driveway standards outlined in City Code Chapter 18, Division 3 Driveway Standards. Sec. 78-1493. Business driveways, approaches and turnarounds. (a) Only one business driveway isshall be allowed per development unless a greater number of driveways are approved by the city, or are approved as part of the site plan review. The Formatted: Font: (Default) Times New Roman, 12 pt, Strikethrough Formatted: Font: (Default) Times New Roman, 12 pt, Strikethrough Formatted: Font: (Default) Times New Roman, 12 pt, Strikethrough 89 Created: 2022-07-19 16:12:32 [EST] (Supp. No. 20, Update 2) Page 17 of 23 business driveway approach in a business or industrial district may not be wider than either 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 approved as part of a site plan. (b) All business driveways and driveway approaches shall be paved with asphalt, concrete, or equivalent material. (cb) Loading docks, ramps, and vehicular entrances must be located so shall be located in such a manner that accessing such facilities will not require backinging onto orand maneuveringing within the road right-of-way. is eliminated and Loading docks, ramps, and vehicular entrances must be located in such a manner that driveways wider greater in width than permittedthat specified by this article willshall not be necessaryrequired. (ec) Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a state highway, county road or a collector roadway. Driveway turnarounds shall be requiredand on all entrances to roads within the city where deemed necessary by the 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 City Engineer pursuant to this article. (fd) All dDriveways must be located at least ten feet from the side property line; however, of a parcel of land unless the a driveway that is shared by two parcels of land is exempt from this requirement.. (ge) All driveway improvements must meet the driveway standards outlined in City Code Chapter 18, Division 3. Driveway Standards. Sec. 78-1494. Regulatory signs. For a driveway serving two or more lots, Aan address sign is required to be placed adjacent to anythe driveway serving two or more lots. The address signand must be visible when viewed from the right-of-way. The address sign shall conform to setback requirements within Orono’s Sign Code. Secs 78-1495- 78-1510- Reserved. SECTION 5. Sec. 78-1577 shall be amended by deleting the strikethrough text and adding the underlined text to read as follows: Sec. 78-1577. Exterior storage in R districts. In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that complies with the following requirements. All Formatted: Font: (Default) Times New Roman, 12 pt, Strikethrough 90 recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code. Additionally, all exterior storage must comply with subdivision (6) of this section. (1) Definitions: a. Blight means a deteriorated condition, something that impairs or destroys. b. Junk means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. c. Recreational vehicle. Mobile home andR recreational vehicle shall mean and include the following definitions, and shall not include any mobile home or manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. d. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. e. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all- terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. 91 f. Boat, for the purposes of this article, means any water craft required to be registered or licensed by the state of Minnesota, but excluding canoes, kayaks, paddle boards, or pedal boats. (2) [Parking regulated.] Parking of recreational vehicles, mobile motor homes and utility trailers shall be regulated as follows: a. It is unlawful for any person to park a mobile motor home or recreational vehicle upon public property for human habitation b. It is unlawful for any person to park or store a utility trailer, mobile motor home, recreational vehicle in any "R" district for more than 24 hours, except in a required side or rear yard at least five feet from any property line. c. It is unlawful to use a mobile motor home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (3) Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in "R" districts is regulated as follows: a. Parking of vehicles other than recreational vehicles, with a maximum gross vehicle weight (GVW) of 14,000 pounds or less is allowed in all "R" districts. b. Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads; wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: 1. Property owner must be vehicle owner or operator. 2. Vehicle must be set back 50 feet from property lines. 3. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. 4. Maintenance of said vehicle shall occur within an enclosed building. 5. The vehicle shall not constitute a nuisance at any time. 6. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. 7. Minimum lot size of five acres. For any property at least two acres but less than five acres in area, where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1, 2004, a vehicle storage permit may be granted if the 92 above conditions a. through f. are met, subject also to the following limitations: i. A vehicle storage permit may only be issued for properties within the RR-1B, RR-1A, and LR-1A zoning districts. ii. Such permit shall be granted only to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. iii. This permit shall not apply to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered permit by virtue of their predecessor's permit. iv. This permit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. (4) [Storage of boats and boat trailers.] Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a. Licensing, operability and restorations. All boats stored outside on a residential property shall be currently licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition. For the purposes of this section, Inoperable condition shall mean a boat lacking parts essential to operation, including but not limited to motor, propeller, battery; or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. c. Required setbacks. Boats, including trailered boats, and unoccupied boat trailers may be stored in any yard, provided that a five feet setback is provided. d. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. e. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor's views of the lake will be referred to a dispute resolution committee, consisting of the planning director, the building official, and a member of the planning and zoning staff. (5) [Prohibited parking or storage.] Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any "R" district. (6) Prohibited material storage. Any violation of this section is subject to abatement upon seven days' written notice to the owner of private premises on which such material is found or any conditions in violation of this code section exist. The owner of the 93 property will be determined as shown by the records of the office of the county recorder. The city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Additionally, the city may also seek injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: a. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. b. Trash and debris. 1. All household garbage, offal, dead animals, animal and human waste, and waste materials. 2. Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, plastic bags or trash. 3. Accumulations of clothing and any other items not designed for outdoor storage. c. Non-trash items. 1. Accumulations of wood pallets. 2. Accumulations of vehicle parts or tires. 3. All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. 4. All appliances or appliance parts. 5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure to outdoor elements. 6. Brush piles exceeding 15 feet in diameter and six feet in height 76. All recycling materials except for reasonable accumulations, amounts consistent with a policy of regular removal, which are stored in a well- maintained manner according to Chapter 50 and Chapter 54. 78. All other non-trash items which: (i) Are of a type or quantity inconsistent with normal and usual use; or (ii) Are of a type or quantity inconsistent with the intended use of the property; or (iii) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. d. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any garbage, sewage, waste, debris, carcass, or other 94 substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3) feet under the surface of the ground; provided, that the use of manure and phosphorous free fertilizer in the normal course for agriculture or horticulture is permitted. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 8 day of April, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 95 SUMMARY PUBLICATION ORDINANCE NO. 303 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING AND CLARFIFING ZONING REGULATIONS The City Council of the City of Orono, Minnesota approved amendments to chapter 78 which include clarifying language, typos, deletion and edits pertaining to zoning regulations. 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 96 Page 1 of 4 ORDINANCE NO. 304 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING CHAPTER 94 FOR AMENDMENTS AND TYPOS TO THE SECTION THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Sec. 94-136 shall be amended by deleting the strikethrough text and adding the underlined text to read as follows: Sec. 94-136. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Lake means the lake known as Long Lake located in the cities of Orono and Long Lake, and designated as Lake Number 27016000 by the state department of natural resources. Operate. To navigate or otherwise use a watercraft. Personal watercraft means a motorboat that is powered by an inboard motor powering a water jet pump or by an outdoor or propeller-drive motor, and is designed to be operated by a person or persons sitting, standing, or kneeling on the craft, rather than in the conventional manner of sitting or standing inside a motorboat. Slow-no wake. The operation of a watercraft at the slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour. Watercraft. Any and all kinds or types of flotation vessels designed for use on the water, whether or not motorized, including, but not limited to boats, canoes, kayaks, rowing shells, sculls, jet skis, ski-doos, pedal craft, pontoon boats, inflatable crafts, tubes, or wind- propelled surf boards. (Ord. No. 201 3rd series, § 2, 11-13-2017) Sec. 94-137. Purpose, intent, application. The provisions of Minn. Stats. 86B, Water Safety and Watercraft, Minnesota Rule Parts 6110.0100—6110.2300, boat and safety rules, are hereby incorporated herein and made a part of this article. (Ord. No. 201 3rd series, § 2, 11-13-2017) Formatted: Paragraph 2 Formatted: Paragraph 2 97 Created: 2022-07-19 16:13:10 [EST] (Supp. No. 20, Update 2) Page 2 of 4 Sec. 94-138. Exempt personnel. All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from restrictions of this article. (Ord. No. 201 3rd series, § 2, 11-13-2017) Sec. 94-139. Enforcement. The enforcement of this article shall be the primary responsibility of the peace officers of the county sheriff's department or the Orono Police Department. Other licensed peace officers, including conservation officers of the state department of natural resources and volunteer members of the county water patrol, are also authorized to enforce this article. (Ord. No. 201 3rd series, § 2, 11-13-2017) Sec. 94-140. Penalties. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor. (Ord. No. 201 3rd series, § 2, 11-13-2017) Secs. 94-141. Long Lake; special provisions. (a) Intent and purpose. It is the purpose of this section to regulate the operation and speed of watercraft on Long Lake. (b) Regulation. No person shall operate a watercraft at greater than slow-no wake speed on Long Lake whenever the water level exceeds 945.25 feet. The slow-no wake restriction shall remain in place until the lake level drops to 945.25 feet or below. (c) Exemptions. Authorized resource management, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this ordinance. (d) Marking and posting of signs. The city staff of Long Lake and Orono shall be responsible for informing the public, posting notification at all public accesses, and marking or buoying areas affected by this ordinance as necessary to give reasonable notice of the speed restriction of this section. (e) Enforcement. Primary responsibility for the enforcement of this ordinance shall rest with the Hennepin County Sheriff's Department, including both licensed and special deputies. This, however, shall not preclude its enforcement by other licensed peace officers. (f) Violation and penalty. Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor. 98 Page 3 of 4 Secs. 94-142.—94-180. Reserved. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 8 day of April, 2024 by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: ________________________________ Dennis Walsh, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk 99 Page 4 of 4 SUMMARY PUBLICATION ORDINANCE NO. 304 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE UPDATING ENVIRONMENT AND SEPTIC REGULATIONS The City Council of the City of Orono, Minnesota approved amendments to chapter 94 which include clarifying language, typos, deletion and edits pertaining to regulations on Long Lake. 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 100 Date: April 8, 2024 Item: 12 Presenter: Natalie Nye, Planner Section: Consent Agenda Title: LA24-000009, Revision LLC, 797 Ferndale Road N, Variances - Resolution 7463 1.Purpose: This application is regarding an average lakeshore setback variance in order to construct a new single-family home on a vacant lot. 2.MN§15.99 Application Deadline: This application was received on February 20, 2024 and considered to be complete on February 23, 2024. Therefore, the 60-Day review period expires on April 23, 2024. 3.Background: The subject property is currently vacant. The property is uniquely shaped and fronting on Lydiard Lake. Strict adherence to the average lakeshore setback creates an unbuildable lot. The applicant is proposing to construct a new single-family home on the property, adhering to all other zoning requirements. 4.Planning Commission Vote and Comment: The Planning Commission held a public hearing on March 18, 2024. The Commission reviewed the application and noted that the average lakeshore setback was extreme due to the placement of the neighboring homes. The Commission found that the proposed home placement and height were reasonable and voted 4 to 0 on a motion to approve the requested variance as applied. 5.Public Comment: Staff received letters of concern from two neighboring properties regarding the application. These letters were included in the Planning Commission packet. These concerned neighbors also spoke at the Public Hearing. A total of three neighbors provided comments at the Public Hearing on March 18, 2024. Expressed concerns included; the location of the proposed septic system, increased hardcover, preservation of the natural environment, obstruction of currently enjoyed lake views, construction traffic, and the shared driveway. 6.Staff Recommendation: Staff finds there are practical difficulties present on the lot that prevent a compliant building envelope. Staff recommends approval of the requested average lakeshore setback variance as applied. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7463 approving an average lakeshore setback variance for 797 Ferndale Road North. 101 Exhibits Exhibit A - Draft Resolution 7463.pdf Exhibit B - Plans.pdf Exhibit C - Draft PC Minutes 03182024 102 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7463 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA24-000009 WHEREAS, on February 20, 2024, Revision LLC (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 797 Ferndale Road North and legally described as: Lot 2, Block 1, Lauranne Woods Second Addition Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for an average lakeshore setback variance setback from City Code Section 78-1279 in order to construct a new single-family home; and WHEREAS, on March 18, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on March 18, 2024, the Planning Commission voted 4 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on April 8, 2024 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA24-000009. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1B One Family Rural Residential Zoning District. 3. The Property contains 96,888 square feet in area and has a defined lot width of 334 feet at the 150- foot lakeshore setback and a lot width of 509 feet at the OHWL. 103 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7463 2 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Average Lakeshore Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The subject property is currently vacant. The average lakeshore setback line is extreme due to the location of the neighboring homes. There is no compliant building envelope. The proposed home will meet all other setback requirements and has been designed to minimize impacts on the neighboring lake views. The proposed project is in harmony with the general intent of the Ordinance due to the practical difficulties present. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The construction of a new single-family home on a conforming lot is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their request. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a new single-family home is a reasonable use of the property. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The shape of the lot and the location of the neighboring homes is not the result of the current property owner’s actions; and 104 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7463 3 c. The variance, if granted, will not alter the essential character of the locality.” The proposed variance resulting in a new home is supported by practical difficulties and will not alter the character of the area. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is a permitted use in the RR-1B District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The location of the neighboring homes in relation to the subject property and to Lake Lydiard are unique and create an extreme lakeshore setback. The average lakeshore setback line prevents the development of the property that meets all other zoning requirements. The special conditions of the property are unique and specific. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The unique and existing conditions do not apply to other land or structures in the neighborhood or district. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The granting of the average lakeshore setback variance will allow the vacant property to be developed. The location of the neighboring homes and the unique property shape create an extreme lakeshore setback. The proposed home meets the required 150-foot lake setback to preserve the environmental quality of Lydiard Lake. This criterion is met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variance will not adversely impact health, safety, comfort, or morals of the community. The proposed has been 105 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7463 4 designed to minimize any current lake view enjoyed by the neighboring properties. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The average lakeshore setback variance allows a home to be constructed on a vacant lot. The lot and proposed home have been carefully designed to meet all other setback requirements including the lake setback of 150 feet. The placement and height of the proposed home minimize impacts on existing lake views currently enjoyed by neighboring properties. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the construction of a new house within the average lakeshore setback subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (April 8, 2025). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 106 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7463 5 ADOPTED by the Orono City Council on this 8th day of April, 2024. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 107 108 777 sq ft 73,431 sq ft 15 26 16 25 150' 50' REQ 30' RE Q 30' RE Q 50'-6" PROPOSED 74'- 3 " PR O P O S E D 150'PROPOSED WETLAND DELINEATION STAKE BY KJOLHAUG PROPOSED PRIMARY SEPTIC FIELD PROPOSED FUTURE SEPTIC FIELD 984' 982' 984.5' 976'978' 980' 982' 976'980' 978' ALS 2,772 sq ft 4,499 sq ft 267 sq ft 576 sq ft M.L. ELEV = 985' LL ELEV = 973.9' G. ELEV= 984'-0" 0 20'40'60'7060504030802010NWES80'SUMMER SOLSTICE SUNRISEWINTER SOLSTICE SUNRISESUMMER SOLSTICE SUNSETWINTER SOLSTICE SUNSET797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 1 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 109 777 sq ft 73,431 sq ft 150'50'REQ30' RE Q 30' RE Q 50'-6"PROPOSED74'- 3 " PR O P O S E D 150'PROPOSED984' 982' 984.5' 976'978' 980' 982' 976'980' 978' ALS 2,772 sq ft 4,499 sq ft 267 sq ft 576 sq ft M.L. ELEV = 985' LL ELEV = 973.9' G. ELEV= 984'-0" 0 40'80'120'7060504030802010NWES160'SUMMER SOLSTICE SUNRISEWINTER SOLSTICE SUNRISESUMMER SOLSTICE SUNSETWINTER SOLSTICE SUNSET797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 2 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 110 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 997 FINISHED LOWER LEVEL FLOOR PLAN 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 3 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 111 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" EXISTING APPROX. SF = 2,807 FINISHED + 764 GARAGE MAIN LEVEL FLOOR PLAN 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 4 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 112 M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8"19'-9"<30' MAX. ALLOWEDEAST ELEVATION SOUTH ELEVATION 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 5 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 113 M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" L.L. SLAB -11'-1 1/4" M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" 1 WEST ELEVATION NORTH ELEVATION NORTH ELEVATION 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 6 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 114 115 777 sq ft 73,431 sq ft 15 26 16 25 150' 50' REQ 30' RE Q 30' RE Q 50'-6" PROPOSED 74'- 3 " PR O P O S E D 150'PROPOSED WETLAND DELINEATION STAKE BY KJOLHAUG PROPOSED PRIMARY SEPTIC FIELD PROPOSED FUTURE SEPTIC FIELD 984' 982' 984.5' 976'978' 980' 982' 976'980' 978' ALS 2,772 sq ft 4,499 sq ft 267 sq ft 576 sq ft M.L. ELEV = 985' LL ELEV = 973.9' G. ELEV= 984'-0" 0 20'40'60'7060504030802010NWES80'SUMMER SOLSTICE SUNRISEWINTER SOLSTICE SUNRISESUMMER SOLSTICE SUNSETWINTER SOLSTICE SUNSET797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 1 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 116 777 sq ft 73,431 sq ft 150'50'REQ30' RE Q 30' RE Q 50'-6"PROPOSED74'- 3 " PR O P O S E D 150'PROPOSED984' 982' 984.5' 976'978' 980' 982' 976'980' 978' ALS 2,772 sq ft 4,499 sq ft 267 sq ft 576 sq ft M.L. ELEV = 985' LL ELEV = 973.9' G. ELEV= 984'-0" 0 40'80'120'7060504030802010NWES160'SUMMER SOLSTICE SUNRISEWINTER SOLSTICE SUNRISESUMMER SOLSTICE SUNSETWINTER SOLSTICE SUNSET797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 2 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 117 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" APPROX. SF = 997 FINISHED LOWER LEVEL FLOOR PLAN 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 3 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 118 12'14'16' GRAPHIC SCALE 4'0'2'6'8'10' TYP CEILING HEIGHT = 10'-1⅛" EXISTING APPROX. SF = 2,807 FINISHED + 764 GARAGE MAIN LEVEL FLOOR PLAN 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 4 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 119 M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8"19'-9"<30' MAX. ALLOWEDEAST ELEVATION SOUTH ELEVATION 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 5 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 120 M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" L.L. SLAB -11'-1 1/4" M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" M.L. SUBFLOOR ±0" U.L. SUBFLOOR +11'-1 3/4" U.L. CEILING +20'-2 7/8" 1 WEST ELEVATION NORTH ELEVATION NORTH ELEVATION 797 FERNDALE RESIDENCE Orono Minnesota 55391 SHEET 6 CONCEPT 15 FEBRUARY 2024 952-544-3844 18318 Minnetonka Blvd Deephaven, MN 55391 Copyright 2024 121 Gm a i l Prem Shunmugavelu<prem97@gmail.com> (no subject) Preen Shunmugavelu<prem97@gmai.cum> Men,Apr 8,2024 at 4:08 PM Draft City Council Meeting April 8: Proposed Variance For 797 Ferndale Road North Inbox Ill Jennifer Grudnowski 12:04AM(16 O to dwalsh2,Alisa mveach,mjohnson,rcrosby,Prem97 - hours ago) • Dear Orono City Council Members, We live at 793 Ferndale Road North and we are writing in regards to matter number LA24-000009,a variance request related to the property at 797 Ferndale Road North.This matter is before the City Council on April 8,2024.We apologize for the short notice in sending this to you,but we noticed that the information that we provided to the Planning Commission expressing our concerns about the 797 Ferndale property was not included in the agenda packet for the City Council Meeting.We want to make sure that you hear our concerns about the variance before it is voted upon.We thank you in advance for your consideration. It is our understanding that the current issue before the Council is whether to permit a variance to the average lakeshore set back to allow for a home to be built on the property.It is our understanding that the purpose of the average lakeshore set back is,at least in part,to preserve the lake/wetlands and to protect sightlines to the lake for neighbors.We do not believe that these goals are achieved by allowing the variance to the average lakeshore setback.First,all of the homes surrounding Lake Lydiard are set back from the lake.This would be the only home that would be permitted to be built so close to the lake.If you have ever been to our neighborhood,and I would invite you to come and see it,the fact that the homes are set back from the lake protects the wetlands around the lake as well as allows all of the current neighbors whose homes face the lake to have direct views of it.This home would be an outlier and would change the entire look and feel of the lake and the surrounding neighborhood. It is also our understanding that in determining whether a variance should be granted the Planning Commission and the City Council will consider a number of factors,one of which is the effect on property values.We believe that the building of this home,especially where it is currently proposed to be built-100 feet from our home,directly in front of it-will negatively affect the property value of our home.When we purchased our home in late 2020,we were aware that there was a vacant lot between our property and Lake Lydiard.However,when we looked at the public property records,we saw that the entire lot was considered"non-buildable"because it was in-front of the average lakeshore setback line.Thus,it was our understanding,based on the publicly available information provided by the City of Orono that this lot could not be built upon.Further,our home is built to maximize the views of the lake.As you can see by the pictures that we will provide in a separate email or tomorrow at the meeting,nearly all of the windows in our home face the lake.We have a number of large windows in our living room and kitchen as well as a 3-season porch that is entirely made up of windows.Right now we enjoy views of the lake in winter and trees in the summer.If the City Council allows this home to be built,we will instead have an approximately 3500 square foot(on one level) home within 100 feet of our house blocking the lake and far fewer trees,if any,as the majority of the trees will need to be removed to build the house. We also understand that the City Council should ensure that allowing the variance would not alter the central character of the locality.We believe that allowing this variance will alter the central character of our neighborhood.As mentioned above,the home will be the closest home to the lake and is proposed to be 100 feet in front of our house.All of the homes in our neighborhood are quite spread out,which is part of the charm of the neighborhood.We believe that this home would be the closest home to any other home in the neighborhood.But, moreover,it would be the only home that is built directly in front of another home.All of the other homes are built next to each other and allow for direct site lines to the lake or to other features of the neighborhood,if the home is not near Lake Lydiard. Notwithstanding the above concerns,we believe that it is premature to make a decision on the average lakeshore set back before the Minnehaha Water Shed District determines the demarcation line that would indicate where this house could be built,if at all.It is possible that the Water Shed District will determine that the demarcation line is further from the lake than the proposed buyers have assumed in the plans that they submitted,which would likely require that they make changes to their proposed building site.The variance is predicated on the home being built based on the current submitted plans.We believe it would be more sensible to wait and see where the demarcation line is before the variance is granted,especially if at least some aspect of the variance is dependent on that line. In addition,it is our understanding that,as stated in the conclusions section of the proposed resolution for this variance,that the project shall conform to the attached site plan and building plan submitted by the applicant.Again,we believe that it is premature to allow this variance because the currently proposed septic plans do not conform with the Orono City Code.As you can see by the plans,the secondary septic field location is proposed to be less than 5 feet from our property line,and is thus,out of compliance with the Orono Code,which requires that any septic field be at least 10 feet from any property line.We believe that the variance should not be approved based on the submitted plans because at least one part of the submitted plan,the septic field,is already out of compliance.Further,we have been told by city staff that they know and the applicants know that the variance plans will need to be adjusted in the future to conform to the Orono code in regards to the septic system.We believe that the applicants have the duty to show that they are in compliance with all of the Orono city codes before the variance is granted. We also have a number of concerns that do not relate to the average lakeshore set back. First,we are concerned about the health of Lake Lydiard.We are concerned that there has not been a proper analysis by the Minnehaha Water Shed District and any other agency that would have jurisdiction over the lake,to ensure that building a home so close to the lake would not damage the lake or the wetlands. Second,we are concerned about drainage issues that additional hard top on the 797 Ferndale Property could cause to our property.As you can see by the pictures we submitted,the 797 Ferndale Property is low lying and the area on our property that abuts the 797 Property is as well.When it rains,water pools up in certain locations on our property,one near the proposed driveway for 797 Ferndale and the other near our fire pit,close to the proposed building site.This pooling of water occurs even with a relatively light rain fall(on April 7,2024,the day the picture was taken,it rained 6/10 of an inch)and without any hard cover on the 797 Ferndale Property.We are worried that additional hardcover will increase the pooling and create flooding on our property,especially near the proposed driveway. Third,we are concerned that the construction will create a significant disruption for our family.As you know,there is nothing on the property right now,thus the proposed purchasers will need to,at a minimum,build the house,dig a well,create a septic field and install electrical lines and internet lines.This will be a substantial disruption to the peace and quiet of our neighborhood as well as the privacy of our yard as heavy equipment for building and digging as well as for clearing trees will need to come down the shared driveway and across the property.We share a driveway with the proposed purchaser so we will be subject to large construction vehicles coming and going on our driveway,which is already in disrepair.Further,because of the wet conditions of the land on the 797 Ferndale Property,we expect that there will need to be significant pilings put into the ground in order to ensure that the house does not flood.These pilings will likely cause significant noise and may also cause the ground to shake.This will certainly affect the enjoyment of our home. Fourth,we are also concerned about the likelihood that a number of trees,many of which are likely over 100 years old,will be removed from the property.The lot is currently vacant and contains a number of very large trees,many of which are on the proposed building site.Of course,these trees will have to be removed to build the proposed house.The Planning Commission did state that it would like to see additional plans and information regarding the removal of the trees.We are not aware of the applicant submitting such information,but we urge the City Council to ensure that they do and to consider this issue. Lastly,as mentioned above,we are concerned that the proposed septic fields do not comply with Orono City Code. Thank you again for your consideration of our concerns.We plan to be at the hearing on April 8 and would be happy to speak with you then,or in the future,if you have any questions for us. All the best, Prem Shunmugavelu and Jennifer Grudnowski 793 Ferndale Road North Jennifer:314-322-7515,jennifergrudnowskiI gmail.com Prem:202-486-8831,prem97@gmail.com 265 Hollander Road Orono, MN 55391 April 8, 2024 City Council City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Observations and Comments Concerning LA24-000009 Dear Orono City Council: Thank you for the opportunity to provide these thoughts regarding the proposed development on 797 Ferndale Road North (797). Considering that 797 is presumed to be buildable, my main concern is that all due care is used in granting both this average lakeshore setback variance as well as any other variances that may become necessary to grant over the course of the project. I have read the other letters that will be presented tonight and am in substantial agreement with them. My interest is primarily that this proposed project wilt adhere to all normal building requirements. What follows is a list of my observations— in no particular order: 1. The survey and plans for 797 show the boundaries defined by the current lake level (970.9') as well as the location of wetland delineation stakes that appear to have been temporarily placed at the 30-year high water mark (973.03'). The 150'setback that is illustrated in the survey/plan is measured from the current Lakeshore — not the provisional wetland boundary. The difference is about 6", resulting in a setback from the provisional wetland boundary of 144'. The MCWD has not yet reviewed the delineation study done by Kjolhaug and will not likely do so until the growing season. The actual proposed setback cannot be known until MCWD completes its review. This might argue for postponing this matter until such time. 2. I have attached three exhibits that illustrate the 100-year high water mark, which both Orono and MCWD consider in their approval work. 1 This would appear to be at an approximate 975' elevation. My first exhibit with the red line shows the 100-year boundary I have estimated. It pushes substantially into the lot and would result in one corner of the home being about 40'from the boundary. (The other two exhibits provide support for the red line.) 3. Part of the proposed primary septic site is shown very close to the 100-year high water mark (see my first exhibit). 4. The secondary septic site is shown much less than 10 feet from the property boundary (what code would require). 5. Do we know yet what type of septic system is being proposed? Perhaps consider one of the more conservative options to minimize impact on the take. 6. As a suggestion, why not have the primary septic site at a higher elevation and further from the lake (e.g., simply switch which sites are primary and secondary)? 7. All existing homes surrounding Lydiard Lake to the north and east of 797 are at elevations of at least 990'. The proposed home would be going in at approximately 982' . 8. Will any pilings need to be sunk or any fill brought in to complete the construction as proposed? I realize these issues will need to be addressed as the project unfolds, but might it be a good idea to proceed cautiously before granting the average Lakeshore variance at this time? This would allow the Council to consider all required variances at one time, rather than piecemeal. As I have mentioned, with the proposal as-is, there would likely already be a need to grant a variance from the 150' home setback and the 10' septic setback. Thank you for the opportunity to speak. Sincerely, Mark A. Doepke 265 Hollander Road (612) 867-8829 mark@markdoepke.com 2 t.nr-[lr-tc6 R9-ti Val, Rr.+S+�r..+w ewao S TKw MSS so•3/e l yul luso o�W.1ie'.+.•:rr qlA� ..... / ' 1R _... _. .'.-_.- sicIIY91d cum 1101OL2 fi ON91'COOlN10N7 1I I '3NI 'S3iVIOOSSV lP DZI39NOHD �.`"— 1o3road -+• »: w 1�.'j. > » -- --- M ..LI.L1.00 Si.. I 000Lt •8 7 .e „-� + W. 1 Y:, t! CRI :- cif • -1 `. ! •q i. - !3 . 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O yO• O" ! v000 C c?7 I VI UD _ ( Mvi O CN N 6J art- \i� !i / E C fa i y_ram J J- �r�/ ? ,...n8 C v O a, 70 C r6 • a, _•' o o a...I ,_ \,,, ei".....,....-/7- �� ��` a m' a E J aG1 CU 4J' � J/ HU p p &' N ` O -O C tto LL O ` a d ac 15 r0 N v C C 'C t - Y i(7/;I O O Q N F- C — ra uL LL v " r9 io E O (r/------- y Z w ` E O a a p'ra O O z W d L v41 O ,� 2 ..0 o Se. ` vii , " rn O W � O m • c0 (ION ., 7• C C C O 0 V y L • S 1 C \ii, :... -- .' W • L• . I LL LL - 0• > c, tn E I W i t`1 J O . _\ ) \\\\ C7) WQ t�?,' 06 i iii\ ao — ^ �+�.._�/ zQ z . April 7, 2024 Our sincere apologies to the Orono City Council for not being able to be present for tonight's meeting. We learned of this discussion on very short notice,so we asked our neighbor's to share our comments. We did attend the prior meeting,and remain very concerned about a home being built considering the extreme proximity to lakeshore and impact on natural surroundings. At that meeting,we noticed the how the wall behind the city representatives has a hanging emblem for City of Orono displaying with pride how we are known as"The Lakeshore City." It is that same pride that motivates us and our fellow neighbors,who have spent years living in this location,to request serious consideration of whether this truly is a buildable lot. The landowner who long ago shared their opinion that this is a'buildable' lot was likely not overly sensitive to risk of damage to this low-lying forested wetland. More likely,they were motivated by the obvious added potential estate value,as any seller would be. It is this group that can now look back on that seemingly subjective 'buildable' proclamation, and make a more balanced, non-biased assessment that includes all of the necessary variables that will absolutely impact our natural environment. We appreciate City Council providing their citizens,who have spent collective decades of living here, the opportunity to share our perspective. Steve& Kathy Pierce 259 Hollander Road April 7, 2024 To: Orono City Council From: Paul Bruer& Linda Miller, 275 Hollander Road Orono, MN 55391 Re: Lydiard Lake setback variance for proposed home construction (797 Ferndale Road) Council Members, My wife Linda Miller and I have been living, caring for and attempting to preserve Orono's totally unique Lydiard Lake for thirty-three years come this September. I have served as the Minnehaha Creek Watershed District's volunteer water quality monitor for the lake for over a decade. I monthly sampled the lake water quality during those summers.According to the MHCWD reports to me, Lydiard Lake is the only body of water within 50 miles that has maintained an A/A+water quality over three decades. Lydiard Lake, in my estimation is the purest body of water in the City of Orono.,the jewel of the, "The Lakeshore City". In thirty-three years many Orono Planning Commissions and City Councils have come and gone.The proposed flag lot has come to the city administration multiple times over the years seeking a lakeshore setback/septic/driveway width, roof height and other accommodations. Your predecessors have seen fit to deny these requests. Lydiard Lake is NOT Lake Minnetonka.Your predecessors occupying three decades of Orono city councils wisely appreciated this.They preserved the unique natural lake/marsh environment of, "The Jewel of The Lakeshore City".The proposed home construction at 797 Ferndale Drive would be breaking with a more than thirty-year-old covenant by which to preserve the last pure natural environment in Orono. You can decide to break this covenant in exchange for, "The Lakeshore City's"share of the$10,000-$20,000 of Hennepin County property tax revenue. My neighbors surrounding Lydiard Lake and all those who know the history of this very special place, Linda and I strongly implore you to do the right thing, preserve the long-standing city covenant with Lake Lydiard and reject this lake setback variance and thereby this iconoclastic, disruptive and encroaching home construction project. Sincerely, Paul Bruer Linda Miller . , I- . I. AA ii it 4, r ' { If v.:- 1 -V ' 47 ' il .. t . .... iir. f , .„......................„ ,,,,.. AN 797 N `Ferw alefiEd Iv 401 t �, J a� � \ e �, ;' , r 3D 1 500m 4 < 797 N Ferndale Rd 0 797 N Ferndale Rd, Wayzata, MN 55391 • • ■ • XFR9+RH Wayzata, Minnesota • April 8, 2024 Dear Members of the Orono City Council: We reside at 795 Ferndale Road North and apologize for being unable to attend tonight's meeting. We wanted to share some thoughts on the proposal for 797 Ferndale Road North. We moved here in 2015 for the peace and tranquility this neighborhood provides along with the pristine nature of Lake Lydiard. We are concerned that placing a building on 797 Ferndale would have an impact to the overall ecosystem. 1. It would be the closest property to Lake Lydiard and impact the overall look and feel of the neighborhood as well as have impacts to the delicate balance of the lake and its ecosystem. 2. It would have an impact on property values in our neighborhood —we have a direct view of the lake from our house and the proposed house would be in our direct view—thus having a potential impact on our overall enjoyment of the lake and our home's value. We'd like to keep our point of view in consideration as you proceed forward. Sincerely, Scott and Laurie Knutson 795 Ferndale Road North 7.k.....' :•','..p' IL.3111111164111,111177 ..,'.-.......'.-8,. ... 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'P' 1 te ' n •-_ -cti '. ._"'-'� r: w �� '�j a� r P411 ►.i �'iqe • ' 3 -s+ra yb�. 5 • + 4 i9 5 - _i f Z t�F- `b Y $ }.�V r 4 � ' Minutes Planning Commission Regular Meeting Monday, March 18, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 4 4.2. LA24-000009, Revision LLC, 797 Ferndale Road N., Variance The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the variance request for average lakeshore setback. The Planning Commission discussed the item and asked questions of staff and the applicant, Irv Fish, currently of 630 Indian Mound, Wayzata. Chair Bollis opened the public hearing at 6:24 p.m. Mark Doepke, 265 Hollander Road; Jennifer Grudnowski, 793 Ferndale Road N.; and Paul Bruer, 275 Hollander Road, provided comments. Chair Bollis closed the public hearing at 6:51 p.m. Commissioners pointed out there is no buildable site on the property outside of the average lakeshore setback and that is the practical difficulty, but the proposal is that all other aspects of the plan would meet code. They said the proposal was pretty conservative and that as the plan goes toward the build stage, the other concerns of the neighbors would be addressed. They said it will be a big change for the neighborhood to have a long-vacant lot built on, so they understand the concerns of the neighbors, but it is a privately-owned lot and if it can meet code, it can be built on. The only consideration for Commission action at that time is the variance for average lakeshore setback. All other aspects will be reviewed by the City Engineer. Anything outside of code would need to come back for a variance. Although not required at this stage it was suggested before the variance goes to the City Council it would be good if the applicant would provide more illustrations with more details on the building plan and what trees would be retained and removed. McCutcheon moved, Ressler seconded, to approve LA24-00009, 797 Ferndale Road N., Variance. VOTE: Ayes: 4, Nays 0. 4.3. LA24-000011, Robey Construction o/b/o Steve Streich, 1487 Shoreline Dr.,Variances The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for multiple variances for an addition. The Planning Commission discussed the item and asked questions of staff and the applicant, Tom Robey, Robey Construction. Chair Bollis opened the public hearing at 7:16 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:16 p.m. Commissioners noted the applicant is planning to remove more hardcover than they are adding and the addition is small and would not be seen from neighboring houses. The house is non-conforming as it exists. 122 Date: April 8, 2024 Item: 13 Presenter: Melanie Curtis, Planner Section: Consent Agenda Title: LA24-000011, Robey Construction o/b/o Steve Streich, 1487 Shoreline Dr, Variances - Resolution No. 7464 1.Purpose: The purpose of this application is to review variances in order to construct a 75-square foot, cantilevered addition on the lake side of the home. 2.MN§15.99 Application Deadline: The application was received on February 21, 2024, and considered to be complete on February 27, 2024. Therefore, the 60-day review period will end on April 27, 2024. 3.Background: To support a proposed 75 square foot addition to the lake side of the home, the applicant requests variances to expand the building footprint within the 75-foot lake setback and average lakeshore setback; a variance to make a change to the hardcover within the 75-foot setback is also requested. The triangular-shaped main-level addition will be cantilevered over the ground. The home is situated within the 75-foot setback and partially within the average lakeshore setback, at its closest point it is 24 feet away from the lake. The proposed addition will be 33.8 feet from the lake and will extend the line of the lake-facing wall of the home, filling in a nearly 15-foot gap. It will not be visible from the neighboring homes. The proposal will reduce overall hardcover on the property by 646 square feet resulting in 26.3% hardcover where 28.2% currently exists. 4.Planning Commission Vote and Comment: The Planning Commission held a public hearing and reviewed the application at their March 18, 2024 meeting. The draft Minutes from this meeting are attached as Exhibit D. After discussion, the Planning Commission voted 4 to 0 on a motion to recommend approval of the requested variances. 5.Public Comment: Supportive comments from the adjacent property owners were submitted; comments are attached as Exhibit C. 6.Staff Recommendation: Regarding practical difficulty, Staff finds that the proximity of the home to the lake prevents any structural or massing modification. The proposed changes appear to resolve the issues with roof drainage. Staff recommends approval of the variances as applied. AGENDA ITEM COUNCIL ACTION REQUESTED Council should adopt Resolution 7464, attached as Exhibit A. Exhibits Exhibit A - Draft Resol 7464 123 Exhibit B - Plans Exhibit C - Neighbor Comments Exhibit D - Draft PC Minutes 124 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7464 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1680 & 78-1700 FILE NO. LA24-000011 WHEREAS, on February 21, 2024, on behalf of the property owner, CA Streich Property Trust, (hereinafter the “Owner”) Bill Robey of Robey Construction (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 1487 Shoreline Drive, and legally described as: Lots 5 and 6, NJ Stubbs First Subdivision in Lot No. 2, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made an application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a 75 square foot home addition 33.8 feet from the OHWL and approximately 21 feet lakeward of the average lakeshore setback line, and WHEREAS, the Applicant has made an application to the City of Orono for a variance to Sections 78-1680 and 78-1700 to permit the construction of a 75 square foot home addition within the 75-foot setback from the OHWL of the lake with hardcover removals, resulting in an overall 646 square foot reduction of hardcover on the property, and WHEREAS, on March 18, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on March 18, 2024, the Planning Commission recommended approval of the variances; and WHEREAS, on April 8, 2024, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: 125 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7464 2 FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1A, One Family Lakeshore Residential Zoning District. A3. The Property is 0.75 acre in area and has a defined lot width of 130 feet. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. The applicant has applied for the following variance[s]: a. Lake Setback Variance b. Average Lakeshore Setback Variance c. Tier 1 Hardcover Variance d. Hardcover within 75-foot setback Variance A6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variance is in harmony with the purpose of the Ordinance. The Property includes difficulties in its shape and in the location of the existing home. The project will reduce the overall hardcover and the addition will be cantilevered allowing more infiltration near the lake. The average lakeshore setback variance requested is minimal and will not further impact views of the lake for adjacent properties. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to construct a small addition to the home and the overall reduction in hardcover on the Property are consistent with the comprehensive plan. 126 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7464 3 B3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit the small home addition entirely within the 75-foot setback and average lakeshore setback appears to be reasonable considering the location of the existing home, the orientation of the neighboring homes to the lakeshore, and the existing mature vegetative screening. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing home prevents changes or expansions of the home consistent with the neighborhood. The proposed overall hardcover level is being reduced and the addition will not impact the views of the lake from the neighboring homes. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested to permit the construction of a small addition to the home designed as a cantilevered space minimizing impacts on the lake. The location will not impact the neighbor’s views of the lake and will fit the character of the neighborhood according to the submitted information. B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. B6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as improvements to a single-family home are allowed within the Shoreland and in the LR-1A District. B7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 127 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7464 4 B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The existing home’s proximity and orientation to the lakeshore and the location of the adjacent homes create difficulties for the Owner in improving the Property consistent with the homes in their neighborhood. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The unique conditions including the extreme proximity of the owner’s home and the adjacent home to the lake are unique to the Property and create difficulties for the owner. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting the variances is necessary for the preservation of the property rights of the owners. B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances in this unique situation is not contrary to the intent of the zoning chapter. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The requested variances are necessary to improve the home and to address the poor roof drainage; the variances do not merely serve as a convenience to the Owner. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1279 to allow construction of a 75 square foot home addition 33.8 feet from the OHWL and approximately 21 feet lakeward of the average lakeshore setback line, and variances to Sections 78-1680 and 78-1700 to permit the construction of a 75 square foot home addition within the 75-foot setback from the OHWL of the lake with hardcover removals, resulting in an overall 646 square foot reduction of hardcover on the property, subject to the following conditions: C1. Council approval is based on the entire record and the above Findings. C2. The approved project shall conform to the survey dated 01/05/2024 and revised on 2/20/2024 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 128 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7464 5 C3. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. C4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (April 8, 2025). C5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 8th day of April, 2024. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk 129 = Hardcover Removal= NEWALS LineExhibit A Resol. No. 7464 LA24-000011 130 NEW WINDOWIN NEW WALLNEW WINDOWIN EXIST. WALLNEW PATIO DR.IN EXIST. WALLEXIST. WINDOWIN EXIST. WALLEXIST. WINDOWIN EXIST. WALLNEW ROOF4/12 PITCHEXIST. ROOFEXIST. ROOFEXIST. ROOFEXIST. ROOFEXIST.CHASEEXIST. FASCIAEXIST. FASCIANEW FASCIA (EXTENSION OF EXIST.)EXIST. DECKRAILINGEXIST. DECKCANT'D ADDITION OF MAIN LEVELNEW CEDAR SHAKESIDING ON NEWAND EXIST. WALLSEXIST.STONEVENEERRemodel Plans for:Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE: 1/4"=1'-0"NEW WINDOWNEW WINDOWNEW WINDOWIN NEW WALLIN NEW WALLIN NENEW ROOFFNEW ROOFNEW ROOF4/12 PITCH4/12SC ( S O O S )NEW FASCIA (EXTENSION OF EXIST.)NEW FASCIA (EXTENSION OF EXIST.)COOOCOOCANT'D ADDITION OF MAIN LEVELCANT'D ADDITION OF MAIN LEVELCantileveredExhibit B Resol. No. 7464 LA24-000011 131 EXIST. ROOF TRUSSES@ 24" 0.C.EXIST. ROOF TRUSSES @ 24" 0.C.EXIST.DN 14R12' CLG. 11' CLG. x36 90NEW ENTRY DOORU/C R.9' CLG. 11' CLG.NEW BEAM - FLUSHNEW BEAM - FLUSHNEW WINDOWCUST. UCAP48104 3WR.O. 12'-1" x 8'-7 5/8"NEW WINDOWUSPD8090 OX LHH.P. LOW PROFILE SILLR.O. 8'-1 5/8" x 9'-0"NEW WINDOWUCAP48104 2WR.O. 8'-1" x 8'-7 5/8"NEW ROOF FRAMING100 NEW W INDOW IN EX IST . OPEN INGUCA2492-UCAP4892 -UCA2492 LSRR.O . 8 ' -1 " x 7 ' -7 5 /8 "± 16'-0"REPLACE EX IST . BEAMTO SUPPORT NEW BEAMAS NECESSARYMODIFY EXIST.CLG. TRAY101102± 5 8 ° 1'-4" NEW ST E L L A R 4 S S - 2 0 G L GAS FIR E P L A C E - 1'-0"D. x 6 " H . F L O A T I N G H E A R T H ± 14'-11 1/4"± 1'-1 5/8"EDGE OFEXIST. R.O.6'-6"6' -6 "6"6"1. SEE STRUCTURAL ENGINEERING DRAWINGS FORHEADER AND BEAM SIZES AND SUPPORTREQUIREMENTS.2. UNLESS NOTED OTHERWISE DIMENSIONS ARE FROMCENTER OF OR FACE OF FRAMING. EXTERIOR FACEDIMENSIONS ARE TO EXTERIOR FACE OF STUD, NOT TOFACE OF SHEATHING. DO NOT SCALE OFF THEDRAWINGS. IF DIMENSIONAL INFORMATION IS MISSINGOR UNCLEAR CONTACT PROJECT DRAFTSMAN FORCLARIFICATION.INDICATES NEW FRAMED LOAD BEARING WALLSINDICATES NEW FRAMED NON-LOAD BEARING WALLSINDICATES EXISTING FRAMED WALLS TO REMAININDICATES EXISTING CONST. TO BE REMOVEDRemodel Plans for:Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE: 1/4"=1'-0"11.0NEW BEAM - FLUSHNEW BEAM - FLUSHNEW BEAM - FLUSH NEW ROOF FRAMING 132 EXIST.10/12EXIST.10/12EXIST .10/12EXIST .10/12 EXIST. 10/12 EXIST. 10/12 EXIST.10/12NEW 4/12 EXIST .14/12EXIST .14/12EXIST .CHASELINE OF EX IST . FASC IATO BE REMOVEDLINE OF EXIST. FASCIATO BE REMOVEDEXIST. FASCIAEXIST. FASCIANEW FASCIA (EXTENSION OF EXIST.)LINE OF NEW WALL BELOWEXIST. 10/12 Remodel Plans for:Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE: 1/4"=1'-0"11.0NEWNEWNEW 4/124/LINE OF EX IST . FASC IALINE OF EX IST . FASC IALINE OF EX IST . FASC IATO BE REMOVEDTO BELINE OF EXIST. FASCIALINE OF EXIST. FASCIALINE OF EXIST. FASCIATO BE REMOVEDTO BE REMOVEDTO BE REMOVEDLINE OF NEW WALL BELOWLINE OF NEW WALL BELOWLINE OF NEW WALL BELOW133 c Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN 55120 Ph. : (651) 681-1914 www.pioneereng.comFax: (651) 681-9488 Project # :124001 Folder #:8915 Drawn by:NJK CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Certificate of Survey for: ROBEY CONSTRUCTION LLC 3806 Westin Ave, Woodbury, MN 55125 Phone: (612) 834-8403 134 NEW WINDOWIN NEW WALLNEW WINDOWIN EXIST. WALLNEW PATIO DR.IN EXIST. WALLEXIST. WINDOWIN EXIST. WALLEXIST. WINDOWIN EXIST. WALLNEW ROOF4/12 PITCHEXIST. ROOFEXIST. ROOFEXIST. ROOFEXIST. ROOFEXIST.CHASEEXIST. FASCIAEXIST. FASCIANEW FASCIA (EXTENSION OF EXIST.)EXIST. DECKRAILINGEXIST. DECKCANT'D ADDITION OF MAIN LEVELNEW CEDAR SHAKESIDING ON NEWAND EXIST. WALLSEXIST.STONEVENEERRemodel Plans for: Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE 1/4 1'135 EXIST. ROOF TRUSSES@ 24" 0.C.EXIST. ROOF TRUSSES@ 24" 0.C.EXIST.DN 14R12' CLG.11' CLG.x36 9 0NEW ENTRY DOORU/C R.9' CLG.11' CLG.NEW BEAM - FLUSHNEW BEAM - FLUSHNEW WINDOWCUST. UCAP48104 3WR.O. 12'-1" x 8'-7 5/8"NEW WINDOWUSPD8090 OX LHH.P. LOW PROFILE SILLR.O. 8'-1 5/8" x 9'-0"NEW WINDOWUCAP48104 2WR.O. 8'-1" x 8'-7 5/8"NEW ROOF FRAMING100 NEW W INDOW IN EX IST . OPEN INGUCA249 2 -UCAP 489 2 -UCA 2 492 LSRR.O . 8 ' - 1 " x 7 ' - 7 5 /8 "± 16'-0"REPLACE EX IST . BEAMTO SUPPORT NEW BEAMAS NECESSARYMODIFY EXIST.CLG. TRAY101102± 5 8 ° 1'-4" NEW ST E L L A R 4 S S - 2 0 G L GAS FI R E P L A C E - 1'-0"D. x 6 " H . F L O A T I N G H E A R T H ± 14'-11 1/4"± 1'-1 5/8"EDGE OFEXIST. R.O.6'-6"6 ' -6 "6"6"1.SEE STRUCTURAL ENGINEERING DRAWINGS FORHEADER AND BEAM SIZES AND SUPPORTREQUIREMENTS.2.UNLESS NOTED OTHERWISE DIMENSIONS ARE FROMCENTER OF OR FACE OF FRAMING. EXTERIOR FACEDIMENSIONS ARE TO EXTERIOR FACE OF STUD, NOT TOFACE OF SHEATHING. DO NOT SCALE OFF THEDRAWINGS. IF DIMENSIONAL INFORMATION IS MISSINGOR UNCLEAR CONTACT PROJECT DRAFTSMAN FORCLARIFICATION.INDICATES NEW FRAMED LOAD BEARING WALLSINDICATES NEW FRAMED NON-LOAD BEARING WALLSINDICATES EXISTING FRAMED WALLS TO REMAININDICATES EXISTING CONST. TO BE REMOVEDRemodel Plans for: Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE 1/4" 1'-0"11.0136 EXIST.10/12EXIST.10/12EXIST . 10 / 1 2EXIST . 1 0 /1 2 EXIST. 10/12 EXIST. 10/12 EXIST.10/12NEW 4/12 EXIST . 14 / 1 2EXIST . 14 / 1 2 EXIST .CHASELINE OF EX IST . FASC IATO BE REMOVEDLINE OF EXIST. FASCIATO BE REMOVEDEXIST. FASCIAEXIST. FASCIANEW FASCIA (EXTENSION OF EXIST.)LINE OF NEW WALL BELOWEXIST. 10/12 Remodel Plans for: Streich, Steve & Cari 1487 Shoreline Drive, Wayzata, MN 55391Plans prepared byTodd H.SCALE 1/4 1 011.0137 138 139 Minutes Planning Commission Regular Meeting Monday, March 18, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 4 4.2. LA24-000009, Revision LLC, 797 Ferndale Road N., Variance The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the variance request for average lakeshore setback. The Planning Commission discussed the item and asked questions of staff and the applicant, Rube Fish, currently of 630 Indian Mound, Wayzata. Chair Bollis opened the public hearing at 6:24 p.m. Mark Doepke, 265 Hollander Road; Jennifer Grudnowski, 793 Ferndale Road N.; and Paul Bruer, 275 Hollander Road, provided comments. Chair Bollis closed the public hearing at 6:51 p.m. Commissioners pointed out there is no buildable site on the property outside of the average lakeshore setback and that is the practical difficulty, but the proposal is that all other aspects of the plan would meet code. They said the proposal was pretty conservative and that as the plan goes toward the build stage, the other concerns of the neighbors would be addressed. They said it will be a big change for the neighborhood to have a long-vacant lot built on, so they understand the concerns of the neighbors, but it is a privately-owned lot and if it can meet code, it can be built on. The only consideration for Commission action at that time is the variance for average lakeshore setback. All other aspects will be reviewed by the City Engineer. Anything outside of code would need to come back for a variance. Although not required at this stage it was suggested before the variance goes to the City Council it would be good if the applicant would provide more illustrations with more details on the building plan and what trees would be retained and removed. McCutcheon moved, Ressler seconded, to approve LA24-00009, 797 Ferndale Road N., Variance. VOTE: Ayes: 4, Nays 0. 4.3. LA24-000011, Robey Construction o/b/o Steve Streich, 1487 Shoreline Dr.,Variances The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for multiple variances for an addition. The Planning Commission discussed the item and asked questions of staff and the applicant, Tom Robey, Robey Construction. Chair Bollis opened the public hearing at 7:16 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:16 p.m. Commissioners noted the applicant is planning to remove more hardcover than they are adding and the addition is small and would not be seen from neighboring houses. The house is non-conforming as it exists. 140 Minutes Planning Commission Regular Meeting Monday, March 18, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 4 McCutcheon moved, Bollis seconded, to approve LA24-000011, 1487 Shoreline Dr., Variances as applied. VOTE: Ayes: 4, Nays 0. 4.4. LA24-000012, Robert Breon, 2700 Casco Point Road, Variances. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for variances after discussing some aspects with the applicant. The proposal is to replace the original home with a new home built onto an existing detached garage. The Planning Commission discussed the item and asked questions of staff and the applicant, Robert Breon, 2700 Casco Point Rd. Chair Bollis opened the public hearing at 7:30 p.m. Luann Runkle, a neighbor; and Jeff Loehmann, 2710 Casco Point Rd. provided comments. Chair Bollis closed the public hearing at 7:38 p.m. Commissioners called it a conservative approach to build onto an existing structure, noting the small size of the lot. Hardcover and setback are being improved, though the building would be going higher. Ressler moved, McCutcheon seconded, to approve LA24-000012, 2700 Casco Point Road, Variances as applied. VOTE: Ayes: 4, Nays 0. 4.5. LA24-000013, City of Orono Text Amendment: Phase 2 of the City’s Recodification of City Code The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the proposed text amendment which is part of the City’s overall recodification process. The last time the City recodified was in 2003. The Planning Commission discussed the item and asked questions of staff. Chair Bollis opened the public hearing at 8:03 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:03 p.m. Commissioners pointed out the recodification is for edits and clean-ups, not policy changes. Staff noted they were withdrawing 17-1682 of the proposed text amendments at this time. Ressler moved, McCutcheon seconded, to approve LA24-000013, City of Orono Text Amendment: Phase 2 of the City’s Recodification of City Code with the exception of 17-1682. VOTE: Ayes: 4, Nays 0. 141 Date: April 8, 2024 Item: 14 Presenter: Natalie Nye, Planner Section: Consent Agenda Title: LA24-000012, Robert Breon, 2700 Casco Point Road, Variances - Resolution 7465 1.Purpose: This application is regarding variances for lot area, lot width, front yard setback and side yard setback in order to construct a new home with a connection to an existing nonconforming detached garage. 2.MN§15.99 Application Deadline: The application was received on February 21, 2024 and considered to be complete of February 23, 2024. Therefore, the 60-Day review period expires on April 23, 2024. 3.Background: The applicant is proposing to demolish the existing home on the property and keep an existing two-story detached garage. The existing detached garage is nonconforming as it relates to front yard and side yard setbacks. The applicant is proposing to construct a new home that connects to the existing nonconforming structure and requests variances from front and side yard setback requirements as the home will be 20 feet from the front property line and 2.4 feet from the side property line. The subject property is nonconforming in lot width and lot size for the LR-1C zoning district and therefore for the construction of a new home to take place on the property, variances from lot width and lot size are also required and requested. 4.Planning Commission Vote and Comment: The Planning Commission held a Public Hearing on March 18, 2024. The Planning Commission discussed the application and determined that there were practical difficulties present on the lot that support the requested variances. The Planning Commission specifically reviewed the expansion of the second story above the existing garage footprint, finding that it was reasonable and therefore supported the application as applied. The Planning Commission voted 4 to 0 to approve the requested variances as applied. 5.Public Comment: Staff received letters from a concerned neighbor that was included in the Planning Commission packet. The two neighbors on either side of the subject property spoke at the Public Hearing. Neither neighbor had issues with the proposed home or variances requested. The neighbors brought up concerns regarding construction traffic, cleanliness of the site, and a retaining wall proposed near a property boundary. The applicant was amendable to work with the neighbors regarding their concerns. 6.Staff Recommendation: Staff recommends approval of the variance application as applied. AGENDA ITEM 142 COUNCIL ACTION REQUESTED Motion to approve Resolution 7465 approving lot area, lot width, front yard and side yard setback variances in order to construct a new single-family home at 2700 Casco Point Road. Exhibits Exhibit A - Draft Resolution 7465 Exhibit B - Plans Exhibit C - Draft PC Minutes 03182024 143 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA24-000012 WHEREAS, on February 21, 2024, Robert Breon (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 2700 Casco Point Road and legally described as: Lot 14, Block 3, CASCO HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for lot area and lot width variances from City Code Section 78-350 in order to construct a new single-family home; and WHEREAS, the Applicant has applied to the City of Orono for a front yard and side yard setback variance from City Code Section 78-350 in order to construct a new single-family home; and WHEREAS, on March 18, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on March 18, 2024, the Planning Commission voted 4 to 0 in favor of a motion to recommend approval of the variances as applied; and WHEREAS, on April 8, 2024 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA24-000012. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 144 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 2 3. The Property contains 8,205 square feet in area and has a defined lot width of 49.8 feet. 4. The Property is within Tier 2 and hardcover is limited to 30 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Area b. Lot Width c. Front Yard Setback d. Side Yard Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances required for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. The new home will connect to an existing detached garage on the property that is nonconforming. The existing structure is permitted to remain and be rebuilt per City Code. Making the existing footprint part of the primary building requires a front yard setback of 20 feet instead of the zoning districts requirement of 30 feet and a side yard setback of 2.4 feet when 7.5 feet is required. The existing detached garage is two stories and the proposal includes the expansion of this second story within the setbacks. The applicant has made efforts to pull the enclosed area away from the property lines to minimize impacts to neighbors, however the second story above the garage will be fully roofed. The third story has been pulled back to meet the required setbacks of the district. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a new single-family home is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 145 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 3 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a new single-family is a reasonable use of the property. The proposal will utilize the existing nonconforming detached garage as part of the design and therefore requires front and side yard setback variances. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain the same front and side yard setback and meet all other required zoning regulations. The small lot size, substandard width, and existing improvements are not the result of the current property owner’s actions; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The new home will maintain existing setbacks and update the site with a new modern home design. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is a permitted use in the LR-1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 146 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The substandard lot size, substandard lot width, and existing conditions of the property are unique conditions to this specific property. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The subject property is smaller in size than most of the neighboring properties. Additionally, the location of the existing structures on the property are unique to the subject property. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The existing detached garage is in a nonconforming location and proposed to remain. The proposal is to connect the existing detached garage to the new home and thus requiring primary building setback variances. Without the approval of the front and side yard setback variances, the applicant would not be able to connect to the existing building. This criterion is met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances allow for the construction of a new home that is connected to an existing building on site. The new home is designed to meet all other setbacks and restrictions of the zoning district. Without the approval of the front and side yard setback variances, the existing detached garage structure could not be connected to the home. The site is substandard in both size and width and requires a creative design. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350 to allow the construction of a new single family home with exceptions to lot area, lot width, a 20 foot front yard setback and a 2.4 foot side yard setback subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 147 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 5 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (April 8, 2025). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 8th day of April, 2024. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 148 7. 8 S2 3 ° 2 4 ' 3 5 " W 4 9 . 8 0 24 . 4 24.724 . 424.6 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X957.4 957.5 957.7 957.5 957.5 957.3 957.1 957.2 957.0 956.8 956.7 968.6 968.0 967.3 963.3 975.1 975.2 974.0 973.5 972.4 960.8 960.8 973.4 973.4 971.4 972.0 973.7 973.7 957.5 959.6 960.7 959.1 960.6 963.8 965.6 972.5 972.7 97 2 . 2 972.1 972.7 971.9 963.9 963.7 963.0 962.4 961.7 961.7 959.9 C 959.3 957.52 E 970.3 FFE 974.0 FFE 972.0 FIP 1/2" OPEN 962.2FIP 1/2" OPEN973.8 FIP 1/2" OPEN 960.9 FIP 1/2" SOLID 973.4 973.1 972.4 971.9 969.7 972.1 971.7 972.5 973.3 974.2 973.6 971.9 961.0 GFE 961.0 GFE G 968.5 972.3 970.5 969.1 967.9 964.9 965.0 965.2 968.1 971.3 970.5 970.7 971.7 973.5 960.6 963.7 967.7 969.2 972.8 972.8 973.4 973.3 973.4 959.0 958.0 961.8 968.5 971.5 972.0 973.2 973.5 974.1 973.1 971.5 969.6 963.0 958.8 958.6 958.5 960.9 MB 958.0 MB 958.7 RIM=957.6 SMH S62°53'02"E 164.60N2 7 ° 4 4 ' 4 0 " E 4 8 . 8 9S62°36'26"E 168.36CASCO POINT RD.40EXISTING GARAGE BLOCK WALLEXISTING GARAGE BI T U M I N O U S R O A D S U R F A C E OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH UOHUOHU959.3 GRAVEL/DIRT DRIVEWAYGRAVEL/DIRT DRIVEWAY14 14 ALL E Y(UNIMPROVED)14 3 CASCO HEIGHTS 13 1 2WINSHIPS SUB'D OF LOT 1 SPRING PARK 2ND DIV.AU D . S U B ' D N O . 2 6 5 SH E D GATE WOOD FENCEGATE WOOD FENCEWO O D F E N C E (5 0 . 0 P L A T )(164.21 PLAT)(5 0 . 0 P L A T ) 0 . 0 ± 0 . 3 ±0.2±0.4±0 . 6 ± 1 . 0 ± 97 4 97297096896 4 96 2 96 6 96 0 96696 8 97 2 97 0 97297296 4 96 6 96 8 95 8 96 2 96095 8 EXISTING HOUSE | | | | | | | | | | |WWWWWWW970.9 959.6 FIP 1/2" OPEN 960.3 FIP 1/2" SOLID 974.0 972.8 970.7 959.9 973.8 TRD 973.7 TRD > > > > > > > > > > > > >>>>INV=936.7 N/S OHUOHUOHUOHUOHUOHUOHUOHU10 " P V C W M 8" S A N S 972.1 FIP 2"OPEN PR O P O S E D D E C K 96 0 96 4962 972GRASS GRASS 50' PROP. RET. WALLBS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L 30307 . 5 7 . 5 x( 9 6 1 . 0 ) x(964.0) x(964.25)EXISTING WALLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBL7 . 5BSBLBSBLBSBLBSBL BSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBL7 . 5 7. 7 7. 6 2. 5 2. 4 26.624 . 017.617 . 9 9. 926.016 . 0 17.0 x B F E : ( 9 6 5 . 0 )(961.2)x(964.5)xx(964.5)(964.5)x970968966961x(964.2) TFE:(965.3) x(973.8) x(973.8) x(972.5) x(970.0) x( 9 7 3 . 8 ) 97 0 972 F F E : ( 9 7 5 . 6 ) x 97 2 97 3 PROPOSED HOUSE EROSION CONTROL FENCEING FFE OVERHANGSITE HENNEPIN COUNTY 0 10 20 CALL BEFORE YOU DIG! TWIN CITY AREA: TOLL FREE:1-800-252-1166 651-454-0002 Gopher State One Call NOTES Site Address: 2700 Casco Point Road, Orono, MN 55391 Flood Zone Information: This property appears to lie in Zone X (area determined to be outside of the 0.2% annual chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27053C0311F, effective date o f 11/04/2016. 1) 2) Parcel Area Information: 8,205 sq. ft. - 0.188 acres3) Benchmark: Elevations are based on Hennepin County Coordinate Control Station Name:Johnson which has an elevation of: 939.00 feet (NAVD88). 4) 5)Zoning Information: The current Zoning for the subject property is LR-1C (One Family Lakeshore Residential District) per the City of Orono 's zoning map. Principal Structure Setbacks - Street(s) 30 feet ( Casco Point Road ) Side: 10 feet Rear: 30 feet Height: 30 feet Hardcover: 30% (Tier 2) Accessory Structure Setbacks: Front: 30 feet Side: 10 feet Rear: 10 feet We have not received the current zoning classification letter from the client. 6 ) Bearing shown hereon are based on theHennepin County Coordinate System. Platbearings are localized to this bearing basis. SCALE IN FEET I hereby certify that this survey, planor report was prepared by me or undermy direct supervision and that I am aduly licensed land surveyor under thelaws of the State of Minnesota. Datedthis 9th day of December, 2022. ___________________________________David B. PembertonMinnesota License No. 40344 ONLY THE CONTRACT CLIENT HAS AUTHORIZATION TO DISTRIBUTE/USE THIS HARDCOPY SURVEY OR CADD FILE IN IT'S CURRENT FORM FOR ITS ORIGINAL INTENDED PURPOSE. ANY SUBMITTAL OF THIS SURVEY TO ANY 3 PARTY FOR PERMITTING OF ANY KIND SHALL BE MADE ONLY IN THE NAME OF THE CLIENT, OR CLIENTS REPRESENTATIVE AS NAMED HEREON. THE MODIFICATION OF THIS HARDCOPY SURVEY/ EXHIBIT OR CADD FILE IS PROHIBITED WITHOUT AUTHORIZATION FROM 45 NORTH COMPANY, LLC.FenceLineBoundaryLine4± 2± Fence ties are shown on theside of the boundary line thatthe fence is located on. x x x x PARCEL LEGAL DESCRIPTION Lot 14, Block 3, CASCO HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. 13401 Preston Road Minnetonka, Minnesota 55345Tel: 612-597-0453www.45NorthLS.com45NorthLandSurveying@gmail.com SHEET 1 OF 1 TWP.117 RNG. 23. SEC.20 LEGAL DISTRIBUTION SUBMITAL/REVISION CERTIFICATION VICINITY MAP CERTIFICATE OF SURVEY PREPARED FOR: TONKA GROUP Original 12/09/22 EXISTING HARDCOVER House: 796 sq. ft.Garage: 601 sq. ft.Driveway: 496 sq. ft. Concrete:462 sq. ft. Total: 2,355 sq. ft. Hardcover %: 28.7 % Utilities: Underground utilities shown hereon are based on observed evidence together with evidence provided fromthe following sources: plans obtained from utility companies, plans provided by client, markings by utilitycompanies and other appropriate sources. We have used the information provided to develop a view of theunderground utilities for this site but do not warrant their exact location or current service. A Gopher State OneCall was submitted for this survey. Please reference Ticket No. 223420974 Seasonal conditions may inhibit our ability to visibly observe all the utilities located on the subject property. PROPOSED HARDCOVER House:1150 sq. ft.Garage: 601 sq. ft.Driveway: 488 sq. ft. Retaining walls: 15 sq. ft. Steps: 60 sq. ft. Total: 2,314 sq.ft Hardcover %: 28.2 09/29/23 - Proposed Improvements/Hardcover 10/26/23 - Rev. to Prop. Improvements/HC 10/31/23 - Setbacks, Improvements, HC GROUND ELEVATION | > >> GATE VALVE SIGN LIGHT POLE SANITARY MANHOLE POWER POLE HYDRANT STORM MANHOLE STORM DRAIN - SQUARE STORM SEWER SANITARY SEWER COMMUNICATION UNDERGROUND FIBER OPTIC UNDERGROUND FENCE ~ AS DENOTED WATERMAIN ELECTRIC UNDERGROUND CONCRETE AC C COMM. PEDESTAL TRANS TRANSFORMER T TELEPHONE PEDESTAL U UTILITY PEDESTAL E ELECTRIC MANHOLE TELEPHONE MANHOLE UTILITY MANHOLE ELECTRIC METER GAS METER H HAND HOLE TELEPHONE UNDERGROUND GAS UNDERGROUND UTILITY UNDERGROUND LANDSCAPE LIGHT GUY WIRE TRAFFIC SIGNAL CL RAILROAD TRACKS T U E G G GAS MANHOLE SOIL BORING TREE CONIFEROUS TREE DECIDUOUS OVERHEAD UTILITY DRAIN TILE CTV ELC FO GAS TEL UTL OHU DT X X STMH SMH FLARED END SECTION SET RLS#40344 SET DRILLHOLE W/"X" CAST IRON MONUMENT CONTOUR EXISTING CONTOUR PROPOSED BITUMINOUS SANITARY CLEANOUT W WELL FOUND MON. AS DENOTED BASEMENT FLOOR ELEV. A/C UNIT WALKOUT ELEVATION FIRST FLOOR ELEVATION GARAGE FLOOR ELEVATION WOE FFE GFE LOWEST OPENING ELEV.LOE TOP OF FOUNDATION ELEV.TOF STORM DRAIN - ROUND CO INVERT ELEVATION INV= GAS VALVE COMM. CONNECTIONC BFE 972.5972.5~LEGEND ~ CURBSTOP W PROPOSED ELEVATIONx 972.5 x 972.5 FOUND PINCHED TOP FOUND RLS? SURVEY CONTROL POINT MONUMENTS NATURAL FEATURES UTILITIES/FEATURES SURFACES BUILDING FOUND NAIL FOUND DRILLHOLE FOUND JLM SECTION CORNER SET NAIL W LINE WORK WATER LINE ORDINARY HIGH WATER LINEOHW BUILDING SETBACK LINE BSBL GRAVEL PLAT DISTANCE MEASURED DISTANCE MEASUREMENTS (P) (M) COMPUTED DISTANCE (C) JOB#: 22-014 2/21/24 - New Building/Plan 149 Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"APPROX. 9'-1 1/8"APPROX. 8'-10"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"APPROX 12'-0"APPROX 8'-5 5/8"23'-1 1/2"25'-4 1/2" (BUILDING HEIGHT)10'-0"LINE OF 10' ABOVE LOWEST GRADE Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2"APPROX. 8'-10"Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8"APPROX. 9'-1 1/8"Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0"EXISTING 8'-5 5/8"Flex Level Clg 982' - 9 7/8"12'-0"31'-9 1/2"1'-0"NORTH PROPERTY LINESOUTH PROPERTY LINE10'-0"LINE OF 10' ABOVE LOWEST GRADE25'-4 1/2" (BUILDING HEIGHT)LINE OF EXIST'G ROOF AND OVERHANG OF EXISTING GARAGE 1'-4"20'-0 5/8"23'-10 1/8" 1/4" = 1'-0"A1 2 RIGHT SIDE ELEVATION 1/4" = 1'-0"A1 1FRONT ELEVATION OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A1 Ext ElevationsTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CLPR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) A1 3 FRONT 3D VIEW 150 Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-10"APPROX. 9'-1 1/8"APPROX. 8'-1 1/8"Flex Level Flr 970' - 9 7/8"Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"12'-0"8'-5 5/8"23'-1 1/2"Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"APPROX. 9'-1 1/8"APPROX. 8'-10"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"23'-2 1/2"12'-0"8'-5 5/8"OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A2 Ext ElevationsTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A2 1REAR ELEVATION 1/4" = 1'-0"A2 2 LEFT SIDE ELEVATION PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 151 UP UP BUNK RM 7'-6" 7'-6" 2'-5 1/2" 2'-6 1/4" 11'-3" UNDER CTR REFG MECH ROOM7'-2 1/2"EQEQMECH RM OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A3 Basement PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A3 1BASEMENT PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 152 UP7'-6"7'-6" DN OVEN/ MICRO 36" COOKTOP w/ HOOD ABOVEPANTRY PWDR KITCHEN UP 4'-0"20'-8 3/8"MECH CHASE 4'-4 3/4"UP 14'-6" 7'-3"7'-3" WALL LINE OF GARAGE BELOW 1'-6" WALL LINE OF GARAGE BELOW OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A4 Main Floor PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A4 1MAIN FLOOR PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. BASEMENT LEVEL SQUARE FEET = 0000 sq ft MAIN LEVEL SQUARE FEET = 0000 sq ft UPPER LEVEL SQUARE FEET = 0000 sq ft TOTAL SQUARE FEET = 0000 sq ft GARAGE SQUARE FEET = 000 sq ft PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 153 DN 5'-0"4'-0"4'-0"14'-0"MASTER SUITE 11'-0"13'-5 3/4"2'-1 3/4"15'-7 1/2"11'-8 3/4"12'-3 1/4"3'-0"13'-10 3/4"5'-4 1/2"7'-4 1/4"24'-0"OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A5 Upper Floor PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A5 1UPPER FLOOR PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 154 7. 8 S2 3 ° 2 4 ' 3 5 " W 4 9 . 8 0 24 . 4 24.724 . 424.6 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X957.4 957.5 957.7 957.5 957.5 957.3 957.1 957.2 957.0 956.8 956.7 968.6 968.0 967.3 963.3 975.1 975.2 974.0 973.5 972.4 960.8 960.8 973.4 973.4 971.4 972.0 973.7 973.7 957.5 959.6 960.7 959.1 960.6 963.8 965.6 972.5 972.7 97 2 . 2 972.1 972.7 971.9 963.9 963.7 963.0 962.4 961.7 961.7 959.9 C 959.3 957.52 E 970.3 FFE 974.0 FFE 972.0 FIP 1/2" OPEN 962.2FIP 1/2" OPEN973.8 FIP 1/2" OPEN 960.9 FIP 1/2" SOLID 973.4 973.1 972.4 971.9 969.7 972.1 971.7 972.5 973.3 974.2 973.6 971.9 961.0 GFE 961.0 GFE G 968.5 972.3 970.5 969.1 967.9 964.9 965.0 965.2 968.1 971.3 970.5 970.7 971.7 973.5 960.6 963.7 967.7 969.2 972.8 972.8 973.4 973.3 973.4 959.0 958.0 961.8 968.5 971.5 972.0 973.2 973.5 974.1 973.1 971.5 969.6 963.0 958.8 958.6 958.5 960.9 MB 958.0 MB 958.7 RIM=957.6 SMH S62°53'02"E 164.60N2 7 ° 4 4 ' 4 0 " E 4 8 . 8 9S62°36'26"E 168.36CASCO POINT RD.40EXISTING GARAGE BLOCK WALLEXISTING GARAGE BI T U M I N O U S R O A D S U R F A C E OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH U OH UOHUOHU959.3 GRAVEL/DIRT DRIVEWAYGRAVEL/DIRT DRIVEWAY14 14 ALL E Y(UNIMPROVED)14 3 CASCO HEIGHTS 13 1 2WINSHIPS SUB'D OF LOT 1 SPRING PARK 2ND DIV.AU D . S U B ' D N O . 2 6 5 SH E D GATE WOOD FENCEGATE WOOD FENCEWO O D F E N C E (5 0 . 0 P L A T )(164.21 PLAT)(5 0 . 0 P L A T ) 0 . 0 ± 0 . 3 ±0.2±0.4±0 . 6 ± 1 . 0 ± 97 4 97297096896 4 96 2 96 6 96 0 96696 8 97 2 97 0 97297296 4 96 6 96 8 95 8 96 2 96095 8 EXISTING HOUSE | | | | | | | | | | |WWWWWWW970.9 959.6 FIP 1/2" OPEN 960.3 FIP 1/2" SOLID 974.0 972.8 970.7 959.9 973.8 TRD 973.7 TRD > > > > > > > > > > > > >>>>INV=936.7 N/S OHUOHUOHUOHUOHUOHUOHUOHU10 " P V C W M 8" S A N S 972.1 FIP 2"OPEN PR O P O S E D D E C K 96 0 96 4962 972GRASS GRASS 50' PROP. RET. WALLBS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L BS B L 30307 . 5 7 . 5 x( 9 6 1 . 0 ) x(964.0) x(964.25)EXISTING WALLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBL7 . 5BSBLBSBLBSBLBSBL BSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBLBSBL7 . 5 7. 7 7. 6 2. 5 2. 4 26.624 . 017.617 . 9 9. 926.016 . 0 17.0 x B F E : ( 9 6 5 . 0 )(961.2)x(964.5)xx(964.5)(964.5)x970968966961x(964.2) TFE:(965.3) x(973.8) x(973.8) x(972.5) x(970.0) x( 9 7 3 . 8 ) 97 0 972 F F E : ( 9 7 5 . 6 ) x 97 2 97 3 PROPOSED HOUSE EROSION CONTROL FENCEING FFE OVERHANGSITE HENNEPIN COUNTY 0 10 20 CALL BEFORE YOU DIG! TWIN CITY AREA: TOLL FREE:1-800-252-1166 651-454-0002 Gopher State One Call NOTES Site Address: 2700 Casco Point Road, Orono, MN 55391 Flood Zone Information: This property appears to lie in Zone X (area determined to be outside of the 0.2% annual chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27053C0311F, effective date o f 11/04/2016. 1) 2) Parcel Area Information: 8,205 sq. ft. - 0.188 acres3) Benchmark: Elevations are based on Hennepin County Coordinate Control Station Name:Johnson which has an elevation of: 939.00 feet (NAVD88). 4) 5)Zoning Information: The current Zoning for the subject property is LR-1C (One Family Lakeshore Residential District) per the City of Orono 's zoning map. Principal Structure Setbacks - Street(s) 30 feet ( Casco Point Road ) Side: 10 feet Rear: 30 feet Height: 30 feet Hardcover: 30% (Tier 2) Accessory Structure Setbacks: Front: 30 feet Side: 10 feet Rear: 10 feet We have not received the current zoning classification letter from the client. 6 ) Bearing shown hereon are based on theHennepin County Coordinate System. Platbearings are localized to this bearing basis. SCALE IN FEET I hereby certify that this survey, planor report was prepared by me or undermy direct supervision and that I am aduly licensed land surveyor under thelaws of the State of Minnesota. Datedthis 9th day of December, 2022. ___________________________________David B. PembertonMinnesota License No. 40344 ONLY THE CONTRACT CLIENT HAS AUTHORIZATION TO DISTRIBUTE/USE THIS HARDCOPY SURVEY OR CADD FILE IN IT'S CURRENT FORM FOR ITS ORIGINAL INTENDED PURPOSE. ANY SUBMITTAL OF THIS SURVEY TO ANY 3 PARTY FOR PERMITTING OF ANY KIND SHALL BE MADE ONLY IN THE NAME OF THE CLIENT, OR CLIENTS REPRESENTATIVE AS NAMED HEREON. THE MODIFICATION OF THIS HARDCOPY SURVEY/ EXHIBIT OR CADD FILE IS PROHIBITED WITHOUT AUTHORIZATION FROM 45 NORTH COMPANY, LLC.FenceLineBoundaryLine4± 2± Fence ties are shown on theside of the boundary line thatthe fence is located on. x x x x PARCEL LEGAL DESCRIPTION Lot 14, Block 3, CASCO HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. 13401 Preston Road Minnetonka, Minnesota 55345Tel: 612-597-0453www.45NorthLS.com45NorthLandSurveying@gmail.com SHEET 1 OF 1 TWP.117 RNG. 23. SEC.20 LEGAL DISTRIBUTION SUBMITAL/REVISION CERTIFICATION VICINITY MAP CERTIFICATE OF SURVEY PREPARED FOR: TONKA GROUP Original 12/09/22 EXISTING HARDCOVER House: 796 sq. ft.Garage: 601 sq. ft.Driveway: 496 sq. ft. Concrete:462 sq. ft. Total: 2,355 sq. ft. Hardcover %: 28.7 % Utilities: Underground utilities shown hereon are based on observed evidence together with evidence provided fromthe following sources: plans obtained from utility companies, plans provided by client, markings by utilitycompanies and other appropriate sources. We have used the information provided to develop a view of theunderground utilities for this site but do not warrant their exact location or current service. A Gopher State OneCall was submitted for this survey. Please reference Ticket No. 223420974 Seasonal conditions may inhibit our ability to visibly observe all the utilities located on the subject property. PROPOSED HARDCOVER House:1150 sq. ft.Garage: 601 sq. ft.Driveway: 488 sq. ft. Retaining walls: 15 sq. ft. Steps: 60 sq. ft. Total: 2,314 sq.ft Hardcover %: 28.2 09/29/23 - Proposed Improvements/Hardcover 10/26/23 - Rev. to Prop. Improvements/HC 10/31/23 - Setbacks, Improvements, HC GROUND ELEVATION | > >> GATE VALVE SIGN LIGHT POLE SANITARY MANHOLE POWER POLE HYDRANT STORM MANHOLE STORM DRAIN - SQUARE STORM SEWER SANITARY SEWER COMMUNICATION UNDERGROUND FIBER OPTIC UNDERGROUND FENCE ~ AS DENOTED WATERMAIN ELECTRIC UNDERGROUND CONCRETE AC C COMM. PEDESTAL TRANS TRANSFORMER T TELEPHONE PEDESTAL U UTILITY PEDESTAL E ELECTRIC MANHOLE TELEPHONE MANHOLE UTILITY MANHOLE ELECTRIC METER GAS METER H HAND HOLE TELEPHONE UNDERGROUND GAS UNDERGROUND UTILITY UNDERGROUND LANDSCAPE LIGHT GUY WIRE TRAFFIC SIGNAL CL RAILROAD TRACKS T U E G G GAS MANHOLE SOIL BORING TREE CONIFEROUS TREE DECIDUOUS OVERHEAD UTILITY DRAIN TILE CTV ELC FO GAS TEL UTL OHU DT X X STMH SMH FLARED END SECTION SET RLS#40344 SET DRILLHOLE W/"X" CAST IRON MONUMENT CONTOUR EXISTING CONTOUR PROPOSED BITUMINOUS SANITARY CLEANOUT W WELL FOUND MON. AS DENOTED BASEMENT FLOOR ELEV. A/C UNIT WALKOUT ELEVATION FIRST FLOOR ELEVATION GARAGE FLOOR ELEVATION WOE FFE GFE LOWEST OPENING ELEV.LOE TOP OF FOUNDATION ELEV.TOF STORM DRAIN - ROUND CO INVERT ELEVATION INV= GAS VALVE COMM. CONNECTIONC BFE 972.5972.5~LEGEND ~ CURBSTOP W PROPOSED ELEVATIONx 972.5 x 972.5 FOUND PINCHED TOP FOUND RLS? SURVEY CONTROL POINT MONUMENTS NATURAL FEATURES UTILITIES/FEATURES SURFACES BUILDING FOUND NAIL FOUND DRILLHOLE FOUND JLM SECTION CORNER SET NAIL W LINE WORK WATER LINE ORDINARY HIGH WATER LINEOHW BUILDING SETBACK LINE BSBL GRAVEL PLAT DISTANCE MEASURED DISTANCE MEASUREMENTS (P) (M) COMPUTED DISTANCE (C) JOB#: 22-014 2/21/24 - New Building/Plan 155 Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"APPROX. 9'-1 1/8"APPROX. 8'-10"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"APPROX 12'-0"APPROX 8'-5 5/8"23'-1 1/2"25'-4 1/2" (BUILDING HEIGHT)10'-0"LINE OF 10' ABOVE LOWEST GRADE Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2"APPROX. 8'-10"Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8"APPROX. 9'-1 1/8"Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0"EXISTING 8'-5 5/8"Flex Level Clg 982' - 9 7/8"12'-0"31'-9 1/2"1'-0"NORTH PROPERTY LINESOUTH PROPERTY LINE10'-0"LINE OF 10' ABOVE LOWEST GRADE25'-4 1/2" (BUILDING HEIGHT)LINE OF EXIST'G ROOF AND OVERHANG OF EXISTING GARAGE 1'-4"20'-0 5/8"23'-10 1/8" 1/4" = 1'-0"A1 2 RIGHT SIDE ELEVATION 1/4" = 1'-0"A1 1FRONT ELEVATION OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A1 Ext ElevationsTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CLPR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) A1 3 FRONT 3D VIEW 156 Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-10"APPROX. 9'-1 1/8"APPROX. 8'-1 1/8"Flex Level Flr 970' - 9 7/8"Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"12'-0"8'-5 5/8"23'-1 1/2"Main Level Floor 975' - 7 1/4" Basement Level Flr 965' - 0 1/2" Basement Level Clg 973' - 10 1/2" Upper Level Floor 986' - 3 1/8" Main Level Clg 984' - 8 3/8" Upper Level Clg 994' - 4 1/4"APPROX. 8'-1 1/8"APPROX. 9'-1 1/8"APPROX. 8'-10"Flex Level Flr 970' - 9 7/8" Garage Clg 969' - 5 5/8" Garage Floor 961' - 0" Flex Level Clg 982' - 9 7/8"23'-2 1/2"12'-0"8'-5 5/8"OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A2 Ext ElevationsTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A2 1REAR ELEVATION 1/4" = 1'-0"A2 2 LEFT SIDE ELEVATION PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 157 UP UP BUNK RM 7'-6" 7'-6" 2'-5 1/2" 2'-6 1/4" 11'-3" UNDER CTR REFG MECH ROOM7'-2 1/2"EQEQMECH RM OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A3 Basement PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A3 1BASEMENT PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 158 UP7'-6"7'-6" DN OVEN/ MICRO 36" COOKTOP w/ HOOD ABOVEPANTRY PWDR KITCHEN UP 4'-0"20'-8 3/8"MECH CHASE 4'-4 3/4"UP 14'-6" 7'-3"7'-3" WALL LINE OF GARAGE BELOW 1'-6" WALL LINE OF GARAGE BELOW OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A4 Main Floor PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A4 1MAIN FLOOR PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. BASEMENT LEVEL SQUARE FEET = 0000 sq ft MAIN LEVEL SQUARE FEET = 0000 sq ft UPPER LEVEL SQUARE FEET = 0000 sq ft TOTAL SQUARE FEET = 0000 sq ft GARAGE SQUARE FEET = 000 sq ft PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 159 DN 5'-0"4'-0"4'-0"14'-0"MASTER SUITE 11'-0"13'-5 3/4"2'-1 3/4"15'-7 1/2"11'-8 3/4"12'-3 1/4"3'-0"13'-10 3/4"5'-4 1/2"7'-4 1/4"24'-0"OFFICE: (952) 746-7702 | CELL: (952) 994-6682E-MAIL: mikeb@behr-design.comSHEET NO.DATE:DRAWN BY: c 2024 BEHR DESIGN, INC.THIS DRAWING AND DESIGN LAYOUT IS PROTECTED UNDER STATE AND FEDERAL COPYRIGHT LAWS. IT MAY NOT BE REPRODUCED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN CONSENT FROM BEHR DESIGN, INC.PROJECT FILE: BEHR DESIGN, INC. NOR ITS EMPLOYEES ASSUME ANY RESPONSIBILITY FOR VARIOUS CONSTRUCTION TECHNIQUES AND/OR QUALITY OF MATERIALS AND WORKMANSHIP. RESIDENTIAL DESIGNERS OR DRAFTSPERSONS ARE NOT ENGINEERS. BEHR DESIGN, INC. RECOMMENDS THAT A QUALIFIED, LICENSED STRUCTURAL ENGINEER BE RETAINED TO INSURE THE STRUCTURAL INTEGRITY OF ALL BUILDINGS. BEAMS AND STRUCTURAL MEMBERS SPECIFIED ON THESE PLANS ARE FOR BID PURPOSE ONLY AND SHOULD BE SIZED BY THE MANUFACTURERS ENGINEERING STAFF AND/OR A LICENSED ENGINEER. SIZES OF MATERIALS AND PRODUCTS SPECIFIED ON THESE PLANS REFLECT ACCEPTED INDUSTRY STANDARDS AND IN NO WAY INDICATE A SPECIFIC MANUFACTURER, UNLESS REQUESTED BY THE CLIENT. IN THE CASE OF DOORS AND WINDOWS, GENERIC SIZES ARE SPECIFIED UNLESS NOTED OTHERWISE AND IT IS ASSUMED THAT THE SUPPLIER WILL BID AND USE THE CLOSEST SIZE AVAILABLE. THE GENERAL CONTRACTOR AND/OR HOMEOWNER SHALL ASSUME FULL RESPONSIBILITY FOR THE CHECKING AND VERIFICATION OF DIMENSIONS, DETAILS, AND NOTES, AS WELL AS CONSTRUCTION TECHNIQUES, SPECIFICATIONS, STRUCTURAL AND/OR SAFETY REQUIREMENTS AND CONFORMITY TO ALL FEDERAL, STATE AND LOCAL BUILDING CODES, LAWS AND ORDINANCES. HOMES WHICH ARE TO BE CONSTRUCTED IN AREAS THAT ARE SUBJECT TO EXTRAORDINARY SEISMIC, WIND, SNOWFALL, COLD OR FLOOD ISSUES SHOULD BE ENGINEERED AND INSPECTED BY A CONSTRUCTION PROFESSIONAL FAMILIAR WITH THE PARTICULAR CONDITIONS OF THAT REGION. THESE PLANS SHALL REMAIN THE PROPERTY OF BEHR DESIGN, INC., SHALL NOT BE COPIED OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF BEHR DESIGN, INC. OR THE CLIENT FOR WHICH THEY WERE PREPARED FOR.A5 Upper Floor PlanTONKA GROUP2700 CASCO PTORONO, MNM. BEHR3/13/202424-CL 1/4" = 1'-0"A5 1UPPER FLOOR PLAN NOTES: 1.) ALL BRG. HEADERS ARE TO BE (2)-2x10 UNLESS NOTED OTHERWISE (UNO). 2.) OWNER/CONTRACTOR TO VERIFY ALL WINDOW & DOOR SIZES. 3.) OWNER/CONTRACTOR TO SPEC. ALL FLOORING MATERIAL. 4.) OWNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 5.) ALL BRG WALL WINDOW & DOOR OPNG'S WIDER THAN 60" REQUIRE (2) TRIMMERS MIN. UNDER EA. SIDE OF HEADER. 6.) (FL) - FLUSH BEAM, (DR) DROPPED BEAM 7.) ALL HEADERS ARE DROPPED UNLESS NOTED (FL) 8.) USE ENERGY HEEL HEIGHT ON ROOF TRUSSES. PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N (F O R B I D D I N G P U R P O S E S O N L Y ) 160 Minutes Planning Commission Regular Meeting Monday, March 18, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 4 McCutcheon moved, Bollis seconded, to approve LA24-000011, 1487 Shoreline Dr., Variances as applied. VOTE: Ayes: 4, Nays 0. 4.4. LA24-000012, Robert Breon, 2700 Casco Point Road, Variances. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the request for variances after discussing some aspects with the applicant. The proposal is to replace the original home with a new home built onto an existing detached garage. The Planning Commission discussed the item and asked questions of staff and the applicant, Robert Breon, 2700 Casco Point Rd. Chair Bollis opened the public hearing at 7:30 p.m. Luann Runkle, a neighbor; and Jeff Loehmann, 2710 Casco Point Rd. provided comments. Chair Bollis closed the public hearing at 7:38 p.m. Commissioners called it a conservative approach to build onto an existing structure, noting the small size of the lot. Hardcover and setback are being improved, though the building would be going higher. Ressler moved, McCutcheon seconded, to approve LA24-000012, 2700 Casco Point Road, Variances as applied. VOTE: Ayes: 4, Nays 0. 4.5. LA24-000013, City of Orono Text Amendment: Phase 2 of the City’s Recodification of City Code The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the proposed text amendment which is part of the City’s overall recodification process. The last time the City recodified was in 2003. The Planning Commission discussed the item and asked questions of staff. Chair Bollis opened the public hearing at 8:03 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:03 p.m. Commissioners pointed out the recodification is for edits and clean-ups, not policy changes. Staff noted they were withdrawing 17-1682 of the proposed text amendments at this time. Ressler moved, McCutcheon seconded, to approve LA24-000013, City of Orono Text Amendment: Phase 2 of the City’s Recodification of City Code with the exception of 17-1682. VOTE: Ayes: 4, Nays 0. 161 Date: April 8, 2024 Item: 15 Presenter: Melanie Curtis, Planner Section: Community Development Report Title: LA24-000008, GreenWood Design Build o/b/o Brenda Iversen, 1850 Lakeside Trail, Variance 1.Purpose: To consider a variance to allow a driveway within 75-feet of the OHWL of Dickey's Lake Creek to be widened to 12 feet where 8 feet is the maximum driveway width permitted. 2.MN§15.99 Application Deadline: This application was received and considered to be complete on February 19, 2024. The original 60-day review timing was to expire on April 19, 2024. Due to the additional time required for review, the 60-day application review deadline has been extended an additional 60-days and will expire on June 18, 2024. 3.Background: The property was platted in 2019 as part of Willow Bay Sanctuary. The only access to the property is over Dickey’s Lake Creek, a protected tributary. City Code allows for a driveway with a maximum width of 8 feet within the 75-foot setback from the OHWL of protected waters if there is no other access to the property. The new home is currently under construction; and the project is nearing completion. The property owner requests a variance to allow the driveway to be increased to 12 feet in width creating new encroachments and additional hardcover on both sides of the creek. The applicant’s request to increase the width of the driveway from 8 feet to 12 feet would result in an additional 737 square feet of hardcover within the 75-foot setback from the creek. 4.Planning Commission Vote and Comment: At the March 18th meeting, the Planning Commission voted 3 to 1 in favor of recommending approval of the request to permit a 12 foot wide driveway within the 75 foot creek setback. 5.Staff Recommendation: The newly created property and roadway corridor were arranged and oriented with the tributary as an existing condition. Adequate access to the property was proposed by the developer and approved by the City as a minimal, 8-foot wide driveway over the creek as permitted by Code. The property owner should have been informed about the limitations of the property at the time of purchase. Staff does not find practical difficulties that support the applicant’s request to increase the driveway footprint and hardcover within the creek setback. Staff recommends denial of the request to allow the width of the driveway to exceed 8 feet. AGENDA ITEM COUNCIL ACTION REQUESTED The Council should review the applicant's request and the recommendations of the Planning Commission and staff. Council should direct staff to draft a Resolution reflecting your decision to be considered at the April 22nd Council meeting. 162 Exhibits Exhibit A - Plans Exhibit B - 60day extension Exhibit C - Draft PC Minutes 163 164 ------ ----\\,�_i�7\--------------3�0�8�.9�0:····=·· =-=.:.::::.::., ·S 86 ° 17' 41" E .......................... · _i :····-. !···<��----·· ("'') -... - 0 30 60 120 1111111111�! I I I � I s C A L E N F E E T 2.3015REVISED3.SCJ 23-015 CERTIFICATE OF SURVEY FOR GREENWOOD DESIGN BUILD, LLC OF LOT 3, BLOCK 1, WILLOW BAY SANCTUARY HENNEPIN COUNTY, MINNESOTA PROPOSED ELEVATIONS 1)Upper garage = 1910.012)Lower garage = 1960.01 (verify) 3)Top of foundation = 197D.914)Main floor = 1971.41 5)Lower floor -1960.01 LEGAL DESCRIPTION OF PREMISES Lot 3, Block 1, WILLOW BAY SANCTUARY 0 denotes iron marker (908.3) denotes existing spot elevation, mean sea level datum 191081 denotes proposed spot elevation --917 denotes existing contour line, mean sea level datum --IDQ}--: denotes proposed contour line ,fie denotes existing tree to be removed Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, existing features, topography and visible utilities, existing trees, with several proposed to be removed and the proposed location of a proposed house, driveway and grades thereon. 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N L (I) .D E :, z <l) "' <l) "::; 0 -0 "' (I) C C ;j' L (I) .D C 0 L 0 if> -"" L 0 :a; 165 166 From:Melanie Curtis To:"Brenda" Cc:"Gary Speich"; "scott@greenwooddesignbuild.com"; "Doug Cutting" Subject:RE: LA24-000008 / 1850 Lakeside Trl / 60-day extension Date:Thursday, March 21, 2024 12:10:00 PM Brenda As noted below, your application is scheduled to appear before the City Council on Monday, April 8th. The City has 60 days from the date of a complete application to complete our review. Based on the date of completeness, your initial review timeline for this request would end on April 19, 2024. Because the recommendations of Staff and the Planning Commission do not align, and the Planning Commission’s split vote there will not be a resolution provided for Council consideration at the April 8th meeting. What this means is thatrather than presenting a resolution for adoption, the application will be presented similarly to the Planning Commission meeting, and staff will request direction from the City Council for the resolution at the April 8th meeting. The final review and resolution consideration will follow on the April 22nd Council agenda. This timing will not allow for a final Council review within the initial 60-day review period. Therefore, the City hereby notifies you that we are extending the period for City action under Minn. Stat. § 15.99, subd. 3(f). The initial 60-day period would normally end on April 19th, the application review period is now hereby extended until June 18, 2024. This is an administrative action. Please reach out with questions, Melanie Melanie Curtis Direct: 952.249.4627 mcurtis@oronomn.gov I will be out of the office March 22-28. If you require assistance or have any pending matters, please reach out to me in advance of my absence. From: Melanie Curtis Sent: Tuesday, March 19, 2024 8:18 AM To: 'Brenda' <brenda.iversen@hotmail.com> Cc: 'Gary Speich' <gary_speich@aspen-landscape.com>; 'scott@greenwooddesignbuild.com' <scott@greenwooddesignbuild.com>; 'Doug Cutting' <doug@greenwooddesignbuild.com> Subject: LA24-000008 / 1850 Lakeside Trl / PC Action Good morning, Last night the Planning Commission voted 3 to 1 to recommend approval of your variance request. The Planning Commission is a recommending body; their recommendation as well as staff’s recommendation will be presented to the City Council at their Monday, April 8th meeting. You will receive a copy of the agenda and staff report before the April 8th meeting. You or your representative should plan to attend; the meeting begins at 6 pm. Please reach out with any questions. Melanie Melanie Curtis, Planner 2750 Kelley Parkway, Orono, MN 55356 Website: www.oronomn.gov Email: mcurtis@oronomn.gov Direct 952.249.4627 167 Planning & Zoning Department 952.249.4620 168 Minutes Planning Commission Regular Meeting Monday, March 18, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 4 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissioners Mark McCutcheon, Jon Ressler and Bob Erickson. Commissioners Ted Schultze, Dennis Libby and Gary Kraemer were absent. Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. 2. APPROVAL OF AGENDA Ressler moved, McCutcheon seconded, to approve the Agenda. VOTE: Ayes 4, Nays 0. 3. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 20, 2024 Ressler moved, McCutcheon seconded, to approve the minutes of the Orono Planning Commission meeting of February 20, 2024. VOTE: Ayes 4, Nays 0. 4. PUBLIC HEARINGS 4.1. LA24-000008, GreenWood Design Build – o/b/o Brenda Iverson, 1850 Lakeside Trail, variance. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and deny the resolution approving a variance for increasing the driveway width from 8 to 12 feet. The Planning Commission discussed the item and asked questions of staff and the applicant, Doug Cutting of GreenWood Design Build. Chair Bollis opened the public hearing at 6:09 p.m. There were no comments from the public. Chair Bollis closed the public hearing at 6:09 p.m. Commissioners discussed the request, noting that the width of the driveway area including the gavel at the sides is already a 12-foot width so no further grading would be required next to the creek and although they could see the reason for the staff recommendation to deny they could also see the safety reasons for a wider driveway. It was noted many delivery trucks and most emergency vehicles have a wheelbase of eight feet. It was suggested 10 feet might be reasonable as the drive is close to a creek and run-off needs to be contained, but the commission was not asked to redesign the proposal. The drive is long, winds and has changes in grade. Ressler moved, Erickson seconded, to approve LA24-000008 as applied, 1850 Lakeside Trail, Variance. VOTE: Ayes: 3, Nays 1 (McCutcheon). 169 Date: April 8, 2024 Item: 16 Presenter: Melanie Curtis, Planner Section: Community Development Report Title: 975 Long Bridge Lane, Outdoor Excapes and Hendel Homes o/b/o Paul and Andrea Scott, Encroachment Agreements 1.Purpose: Consider Encroachment Agreements to address improvements constructed or placed within the wetland buffer, conservation and drainage easement, and/or stormwater drainage and utility easements on the newly developed property. 2.Background: The construction of the new home on the property has recently been completed. Upon review of the updated as-built survey staff identified two areas where improvements are located in an easement area: 1. The septic tank(s) are located within both the drainage and utility easement and the 75-foot wetland buffer and conservation easement, and 2. A portion of a new stone retaining wall that is part of a raised garden landscaping area is located within a drainage and utility easement. Refer to the attached annotated survey to review each of the encroachment areas (Exhibit B); the Long Bridge plat drawing and easement documents are attached as Exhibit C. All of the easement areas on the property (i.e. D/U easements, wetland buffers, and conservation easement areas) were established as part of the Long Bridge development. The perimeter drainage and utility easements were dedicated on the Plat drawing; the wetland buffer, conservation and drainage easements are meant to be preserved as open space and/or to be used for only specific drainage and utility purposes without any structural improvements. The building permit for the home was issued according to the Approved Survey (attached as Exhibit D), no improvements were proposed to be constructed/installed within the Drainage & Utility easement or wetland buffer conservation easement areas. The only structural features permitted are associated with the required stormwater facilities. Staff became aware of the encroachments during the review of the final as-built survey. Regarding the septic tank located within the wetland buffer/drainage and conservation easement, staff provided the builder with the option for an Encroachment Agreement as the septic design requires the septic tank to remain in its current location. This request would be supported by staff. Additionally, the retaining wall was partially constructed within the drainage and utility easement. The applicant is also requesting an encroachment agreement for the boulder wall. Staff is recommending removal of the boulder wall as it is a landscaping element and not critical to the use and functionality of the home. The Minnehaha Creek Watershed District also has rights over the wetland buffer and drainage AGENDA ITEM 170 easements on the property. The City’s consent to an encroachment agreement does not guarantee approval by the District or override their rights. The applicants were advised to reach out to the District specifically to inquire whether or not they have any issues with the improvements in the buffer area. 3.Analysis: The applicants were advised to seek input from the Minnehaha Creek Watershed District (MCWD) as they have overlapping authority over the wetland buffer and drainage easement areas. The septic tanks located within the wetland buffer are not likely to interfere with the existence or the functionality of the wetland buffer. Further, the site plan submitted with the septic permit application showed the tanks were in a location that met the septic setback from the property line. Septic permits are reviewed and approved by our contract septic inspector, he was unaware of the buffer / drainage easement. Staff finds that granting an Encroachment Agreement for the septic tanks may be reasonable. The boulder walls associated with the raised landscape area were not shown on any of the site plans submitted for permit (separate permits have been issued for the Home, Pool, Deck, and Retaining Walls) which would have provided the opportunity for staff to inform the applicant of the potential conflict with the drainage and utility easement area. The boulder retaining wall should be relocated. The MCWD has not yet provided formal comment on the encroachments. 4.Staff Recommendation: Staff recommends approval of an Encroachment Agreement to allow the septic tank(s) to remain in their current location. Additionally, Staff recommends that, in the future if it is necessary to replace the septic tank(s), the tanks should be relocated to a conforming area of the property outside of the wetland buffer or easement areas. Staff recommends denial of the request for an Encroachment Agreement to permit the boulder retaining walls and the raised landscape garden to remain as constructed. Staff recommends the Council require the improvements to be moved to a conforming location. COUNCIL ACTION REQUESTED Direct Staff to prepare an Encroachment Agreement. Exhibits Exhibit A1 - Homeowner Narrative Exhibit A2 - Outdoor Excapes Narrative Exhibit A3 - Hendel Narrative Exhibit B - Survey w Annotated Encroachments Exhibit C - Mylar and Easement Docs Exhibit D - Building Permit Survey Exhibit E - Septic Design 171 From:Paul Scott To:Melanie Curtis Cc:Hans Frees; Fritz Westphal; Rick Hendel; Drew Torrence Subject:975 Long Bridge encroachment Date:Wednesday, March 13, 2024 5:08:38 PM Attachments:Encroachments.pdf Melanie, Thank you for connecting today by phone. In follow up to our conversation you had suggested that I send a personal email with my perspective and I appreciate the opportunity to do so. In summary, we contracted with Outdoor Excapes to perform our landscaping project and assure that everything is constructed to code and within survey boundaries, etc. Unfortunately, the area that was constructed to be a site where we could place several raised planter beds was positioned such that the latter half of the wall on the right (see picture below) is encroaching 2 feet into the Utilities and Drainage easement per the survey (see second picture below). I am asking that the city council agree to an encroachment agreement for the portion of the wall that is 2 feet over the boundary. As the utilities come in from a different direction into the lot and the rest of the area around our property is protected wetlands, I don’t see a time when the city would ever need to use that land on our property and we would certainly agree to have the wall moved if that ever became an issue in the future. Additionally, the flattened bed area actually slows drainage towards the wetlands and ultimately, those 2 feet of encroachment should never cause an imposition to other parties. However, I do also see your points too and I can appreciate from the city’s perspective that it is frustrating to have a contractor not assure all the rules are followed. Honestly, I am very frustrated that the wall was constructed without fully taking into account the boundary as I feel like part of what I paid for was to assure that everything was build to code. I never had any intention to have any encroachments and fully intended to have my contractors follow all the rules. Ultimately, if Outdoor Excapes is forced to move the wall it will create a lot of disruption and damage to the surrounding landscaping that has already been done (as they will need to bring in some heavy equipment to do so) and could also potentially harm some of the nice trees that we had brought in as well. I am asking that the City show us some mercy on this one and let everyone move on by agreeing to the 2 feet of encroachment. I would love to have this resolved too so our family can move forward with planting a garden this spring. Thanks again for your time and consideration, Paul Scott 172 173 From:Drew Torrence To:Hans Frees; Melanie Curtis; Paul Scott Cc:Mark Gronberg; Adam Edwards; Amy Hendel; Andrea Scott; Bri Schumacher; Denny Walsh; Fritz Westphal; Laura Oakden; Rick Hendel; Roland Nasset; Jackie Larson; Andy Birrenkott Subject:RE: 975 Long Bridge Ln / RPS22-000095 / As-Built Survey Review - Denied/Additional Comment Date:Monday, March 18, 2024 10:23:41 AM Attachments:image002.png image001.png Good Morning Melanie, Below is our narrative regarding the stone wall that encroaches the drainage and utility easement. Please let me know if there is anything additional information that you need from us. We will pay the associated fee today. Dear City Council Members, I am requesting the councils approval for an encroachment agreement. As a landscape designer on behalf of Outdoor Excapes and our clients, Paul and Andrea Scott, who recently built their home in Orono. We were contracted by Paul and Andrea to complete the landscaping portion of their new construction project and we recently became aware that one of the stone retaining walls we installed encroaches the drainage and utility easement on their property. While we understand and respect the guidelines established by the city, we seek your understanding and cooperation in allowing the stone wall to remain in place to avoid further disruption to the property. We truly are committed to enhancing the aesthetic appeal and functionality of the city, which is why we were excited about the opportunity to work with Paul and Andrea on their project. Please know that throughout the planning and execution phases, we worked hard to adhere to all zoning regulations and city ordinances, ensuring that every aspect of the project was in compliance with the stipulated guidelines. However, I must acknowledge that the stone landscape wall in question was a late addition to the project. It was introduced during the latter stages of construction, inadvertently encroaching upon the drainage and utility easement. I want to emphasize that there was absolutely no ill intent behind this oversight. Rather, our intent was to stay out of the easement but during layout and construction under wet and muddy weather conditions, our install crew simply mismeasured and mis-understood the setback line we had staked for being the easement line instead of the interior corner of the future vegetable garden. Allow me to provide some context regarding the significance of the stone landscape wall. Its purpose extends beyond just aesthetics as it serves to provide a level platform for Paul and Andrea to plant a vegetable garden on a slope that was previously too steep. Our goal was to fit the walls for the vegetable gardens into the existing landscape in a way that honored the natural surroundings. While this particular feature introduced some hard surfaces to the project, our larger vision for the project was to enhance the native ecosystem and, as a result, we re-established native plant species in large areas around the property that were disturbed from the construction process. Although technically, the stone wall does encroach the easement, it is worth noting that the impact is minimal with only a small percentage of the wall structure encroaching by 2’. Additionally, once the wall was completed, large trees were spaded into place in an effort to quickly restore the property to a more natural setting. Any efforts to move the wall will cause considerable disruption to the property and could jeopardize the health of the newly planted trees as large excavating equipment will be needed for the task. I assure you that we take full responsibility for this issue and our team is fully committed to resolving this matter as the city council sees fit. We are prepared to work closely with city staff to address their concerns and will follow through with the decision of the council. However, please seriously consider our request to leave the stone landscape wall in place. As you examine the impact of the small portion of stone wall located within the easement, please also be mindful of the impact from moving the wall which will cause disruption to the property, possible damage to the newly planted trees, and impact Paul and Andrea’s ability to enjoy their vegetable garden area. Thank you for your consideration, Drew Torrence Drew Torrence Designer |Outdoor Excapes o. 952.926.6899 |m. 612.599.5403 e. dtorrence@outdoorexcapes.com |w. outdoorexcapes.com a. 2345 Daniels Street, Long Lake, MN 55356 174 From:Fritz Westphal To:Melanie Curtis Cc:Paul Scott; Andrea Scott; Rick Hendel; Roland Nasset; Bri Schumacher; Hans; Drew Torrence Subject:975 Long Bridge Lane, Scott Residence - Request for Encroachment Agreement - Hendel Response Date:Friday, March 15, 2024 3:05:58 PM Attachments:image001.png image002.png image003.png Hendel 975 Long Bridge As-Built 12-12-23.pdf Good afternoon Melanie, in response to the City’s concern on the septic tanks installation at the buffer zone line, I offer the following response and request for review for an Encroachment Agreement by the City. We thank you for the conversation and direction on the administrative process in pursuing an Encroachment Agreement with the City for the septic tanks in question and as noted on your encroachment letter. The as-built survey (attached) and the encroachment note by the City (notes below) indicate the septic tanks are at the edge of the surveyed buffer zone, though only modestly into the buffer zone as seen on the as-built survey. Note also that the septic tank structures are well below the finish grades in this area, and the tank risers/lids are only modestly visible though with grasses over the top and surrounding them would be much out of site, and only to the homeowners themselves, not any surrounding neighbors or passersby (picture below). More-so, with the tanks below grade there is no disruption to any natural water runoff or water percolation at this area. Notes per City of Orono: ”The Minnehaha Creek Watershed District also has rights over the wetland buffer areas of the property (see attached). The City’s consent to an encroachment agreement for the septic tank(s) does not supersede theDistrict’s rights. I advise you to reach out to the District specifically to inquire whether or not they have any issues with this improvement in the buffer area. You should prepare and submit a narrative with reasoning supporting your request to allow the septic tank and the retaining wall to remain within the easement areas. Your request should be submitted at least 3 weeks before the desired City Council meeting. The Council’s next meeting is Monday, April 8th. Please submit your written request for consideration of an Encroachment Agreement, $165 payment, and your supporting materials to me by or before Monday, March 18th. A representative or spokesperson for the request should plan to be in attendanceat the Council meeting for the discussion.” 175 We’d also like to note and request that both the septic permit approval (SE-22-000010 dated 7/25/22) and subsequent field inspection and approval of the installation, be considering factors in the acceptance of our request for the Encroachment Agreement. While the septic drain fields are quite specific in their placement as determined by soil borings and septic engineering, the septic tanks are often adjusted in the field for ‘best placement’ allowing gravity flow with minimal piping runs between the house and drain fields. Being that the tanks were installed within best practices and system efficiency, and location reviewed ahead of installation, we believed we were in an acceptable location, and since there would be no impacting surface water flow, percolation, or visibility. I personally have visited with the Watershed at their office to review their awareness, concerns and consideration of the placement of these tanks, including sharing the letter by 176 the City of Orono dated 1/3/24 asking for review/approval by the Watershed. Their direct response was that while aware of the encroachment, they had no issue and had approved and closed the permit form their office for the project. I believe there was subsequent follow up by the Watershed with the City. We ask for the City’s review of this matter and with consideration to: 1. The nature of the tanks below ground 2. The tank vents are virtually unnoticeable 3. The disruption to homeowner service and cost and practicality of any relocation of septic tanks. I will be dropping off a check for $165 for the consideration of the Encroachment, and will attend the City Council meeting on April 8th. Thank you and feel free to reach out to me as needed or for additional information. Fritz Westphal Fritz Westphal | Sr. Project Manager 15250 Wayzata Blvd. Wayzata, MN 55391 952.404.7204 Office 952.404.7205 Fax 612.505.5342 Cell www.Hendelhomes.com fwestphal@hendelhomes.com 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 File #:22-000784 Permit #:RPS22-000095 Address:975 Long Bridge LN Orono MN 55356 Description:New Home Construction Document:07-11-22 - Long Bridge - Gronberg - Survey_Final House Placement.pdf 1.4 line, Melanie Curtis Comment: Separate Swimming Pool permit is required. Pool is not approved with the building permit RPS22-000095 , 2.1 G. Comment Adam Edwards Comment: SWPPP - Sediment/Erosion Control: Perimeter sediment control measures should be installed by the contractor and inspected by the City prior to any work, including demolition. The contractor must provide a minimum 24-hour notice prior to inspection. Comment: SWPPP - Street Cleaning: Streets shall be cleaned and swept within 24-hours whenever tracking of sediments or soils occurs and before the site is left idle for weekends and holidays. Comment: Adjacent roadway, curbing and drainage structures must be protected. 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 Date: April 8, 2024 Item: 17 Presenter: James Van Eyll, Fire Chief Section: Public Safety Report Title: Pay for On-Call and Certifications 1.Purpose: The purpose of this action item is to gain approval of special compensation pay for firefighters who are nationally registered emergency medical technicians (NREMTs), special compensation pay for the Duty Officer while they are on shift and special compensation pay for our firefighters who are either on shift or responding to calls on a holiday as defined by the City of Orono's Employee Handbook. 2.Background: a. The Orono Fire Department is working towards having all of our firefighters NREMTs. NREMTs is a higher level of training than an emergency medical responder (EMR). This higher level of training allows OFD to do more advanced actions on scene and ride with the ambulance to assist the paramedic crew on the way to the hospital. b. The Orono Fire Department will have a Duty Officer on shift when the Duty Crew is off shift. The Duty Office will respond to all calls for service while on shift and must remain in the area. The Duty Officer can be either our paid-on-call or part-time firefighter if they live close or remain in the area while on shift. We will have specific calls for service that only the Duty Officer will respond and not page out the others. The Duty Officer will receive their normal hourly rate once a call for service comes in. c. The Orono Fire Department will have Duty Crew Shifts scheduled for holidays and there will be calls for emergency on holidays. We are setting up special compensation similar to other departments within the City. 3.Recommended Compensation: Position Rate Condition Firefighter - EMT $1.00 / hour Must be nationally certified Duty Officer- On Call Pay $5.00 per hour pay for each hour weekday or weekend $10.00 per hour pay for a holiday While on shift Holiday Pay for Firefighters Double time While on shift or responding to calls for emergencies on a holiday as defined by the City of Orono's Employee Handbook AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the special compensation pay as listed in the table. 221 Date: April 8, 2024 Item: 18 Presenter: James Van Eyll, Fire Chief Section: Public Safety Report Title: Hire Part-Time Firefighters 1.Purpose: The purpose of this action is to gain approval to hire Part-Time Firefighters for response at Station 2. 2.Background: The Orono Fire Department is currently seeking part-time and paid-on-call firefighters for response in 2 CadZones. 3.Recruitment: The selection process for the position involved advertising the position, application screening, and an interview. The interview was conducted by the Fire Chief and other city employees. The applicants must successfully complete a Psychological Exam, a Physical (Pre-employment medical) exam and a probationary period. All applicants will have to pass a background check performed by the Orono Police Department. 4.Recommended Candidate: I recommend Thomas Brown with 7 years of experience and Matthew Hoover for a conditional job offer as a part-time firefighter with an effective start date of April 9, 2024. Thomas Brown has experience as a firefighter with another department. He has passed Firefighter 1 & 2 and EMT. Matthew Hoover is a new firefighter. He has passed Firefighter 1 & 2 and EMT. Both are excited to become charter members of the Orono Fire Department and they look forward to creating the best department. 5.Recommended Compensation: Pay. Starting rate of $20.00/hour. Benefits: Police and Fire PERA Conditions: Passing background check, psychological exam and physical exam. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the conditional job offers to Thomas Brown and Matthew Hoover as part-time firefighters at the rate of $20.00 per hour with a start date of April 9, 2024 222 Date: April 8, 2024 Item: 19 Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Title: Consider Public Road Petition (Mr. Ryan Ortlip) 1.Purpose: The purpose of this item is to present the council with a resident petition requesting the construction of a public street and to gain council direction on how the city should respond to the petition. 2.Background: a. On March 18, 2024 Mr. Ryan Ortlip submitted a petition (Exhibit A) to the city requesting construction of a public road within the public right of way that leads south from West Branch Road. Ortlip own the Property at 4685 West Branch Road. The property does not front West Branch Road but is accessible from the city public right of way (see exhibit B for area map). There is currently a shared driveway within the right of way which services 4701 and 4735 West Branch Road. City code limits shared driveways to service a maximum of two parcels. Ortlip has been pursuing access to his property. (see exhibit C for summary of city activity to date). b. The existing right of way width meets city requirements for a residential street however a new street of this length will require a cul-de-sac or equivalent turn around which would require the city to acquire additional land or easements. A creek crossing would be required as part of any new street. 3.Cost: Construction of 510 foot city street with cul-de-sac would cost in the order of $200,000. This estimate is based on a recent development project in Orono that required a similar length of new street. A feasibility study will be required to get a more refined estimate. 4.Process: a. There are four courses of action for the council to consider. (1) The city agree to construct and fund the provision of a new city street. This option would require the addition of the roadway in the 2025 Streets Improvement plan and would be funded from the Pavement Fund and the Stormwater fund. (2) The city agree to the construction of a new city street with one property owner paying for the improvement. This would required development of an agreement, establishment of appropriate securities and the city establishing a review and inspection process for the improvement. This would be very similar to the public improvement sections of a development agreement. (3) The city agree to the construction of a new city street with all of the benefiting properties paying for the improvement. This would follow the state assessment process (see 4b.). (4) The city permit the construction a second private driveway within the right of way. This is the status quo option as the city staff has already approved this option. AGENDA ITEM 223 b. Assessment process (Mn Statute 429). Should the council be willing to enter in to a special assessment process for a public improvement the following are the key steps. (1) A petition would need to be received from at least 35% but preferable 100% of the benefiting properties. In this case one other property owner would need to sign on to achieve the 35% threshold. Council would pass a resolution declaring adequacy of petition and authorize preparation of a feasibility report. (2) Council would receive the feasibility report and calling for hearing. (3) Council would hold a Public Hearing. (4) Council would pass a resolution ordering improvement and preparation of plans (5) Council would hold an assessment hearing and then pass a resolution adopting the assessment. 5.Staff Recommendation: I recommend council carefully consider the petition. A new street built to city standards makes sense in this situation due to the number of parcels served. I do not recommend the city assume the cost for the installation of a new city street as it would predominantly come for the pavement fund which is needed to address a backlog of existing street maintenance needs. As the city does not routinely assess for public improvement projects except where 100% of the benefiting properties request the improvement, I do not recommend we pursue an assessment without 100% agreement. COUNCIL ACTION REQUESTED Review the petition and provide a response to the petitioner and guidance to staff of next steps. Exhibits A. Petition -Property Access.pdf B. Site Map C. 4685 West Branch Road - CDD Staff Summary.pdf 224 225 226 227 228 West Branch Road City Right of Way229 From:Natalie Nye To:Adam Edwards Subject:4685 West Branch Road - Summary Date:Tuesday, April 2, 2024 3:29:13 PM Adam, Please find the summary below regarding the property and driveway at 4685 West Branch Road: Mr. Ortlip contacted the City in the summer of 2022 regarding driveway access to a vacant property located at 4685 West Branch Road. The property contains a 25-foot strip of land that connects the main buildable area of the parcel with West Branch Road. This strip of land, as well as the neighboring property’s 25-foot strip of land have a right-of-way easement over top of it. This easement is owned by the City, but there are no improvements currently present or proposed. The neighboring property currently has a driveway on their 25-foot strip of land that allows access to 4701 and 4735 West Branch Road. The City facilitated a meeting in 2022 where all neighboring property owners could discuss access options for the site, which included individual driveways parallel to each other off of West Branch, a shared driveway using the existing driveway on the neighboring property with the understanding a 3rd driveway access would require a road improvement or a full road improvement. At that time, a shared driveway or road were not agreeable options. Following the meeting, Mr. Ortlip chose to move forward with a personal driveway on his 25-foot strip. This option required a wetland alteration permit, which was granted by the City on September 11, 2023. The wetland alteration permit was required due to the existing wetland on site that needed to be filled in order for a driveway to be constructed. Much of the coordination and approvals for altering a wetland is facilitated through the Minnehaha Creek Watershed District (MCWD). This was followed up with an administrative driveway permit. The City approved the administrative driveway permit in conjunction with all required MCWD permits in October of 2023. The driveway design included a connection to an existing culvert underneath the neighboring driveway (serving 4701 and 4735 West Branch Road). Prior to construction, the neighboring property owner expressed that connecting to their culvert would not be permitted. Mr. Ortlip has been working with the MCWD on an alternate design that would not require connecting to the neighbor’s existing culvert. The City has been included and continually updated by both Mr. Ortlip and MCWD on the process and status of the project. The City has been informed that an alternate design for the driveway has been approved by MCWD which uses 6 new culverts underneath the proposed driveway. Mr. Ortlip has brought up concerns regarding the approved plan and is requesting the council to now consider a road improvement project. Natalie Nye Planner City of Orono Direct 952.249.4626 230 2750 Kelley Parkway, Orono, MN 55356 www.oronomn.gov 231 Date: April 8, 2024 Item: 20 Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Title: Award Contract for 2024 Streets Maintenance Project 1.Purpose: The purpose of this action item is to award the contract for the 2024 Street Maintenance Project (24-001). 2.Background: At the June 12, 2023 Council Work Session, the Council directed staff to proceed with design for the 2024 Street Project. The streets identified for 2024 are Willow Drive (Fox Street to Brown Road) Partenwood Road & Lane, and Orchard Park Road. Staff received bids on March 13, 2024. 3.Scope: The project consists of the reclamation or mill and overlay of the bituminous pavement, select subgrade corrections, and the replacement / improvement of the associated stormwater systems for Willow Drive, Partenwood Road, and Orchard Park Roads. In addition curb and gutter will be added to Partenwood Road along the steep hill and cul-de-sac. 4.Cost: The city received nine bids. The Bid Summary is in Exhibit A. The low bid for $ 728,873.30 is from GMH Asphalt Corporation. In addition to the construction cost, Bolton and Menk provided a proposal of NTE $ 105,000 for construction oversight. (Exhibit B). Who Work Cost Status Bolton &Menk 2023 Streets Design and Bid Engineering $ 55,000.00 Previously approved GMH Construction $ 728,873.30 Pending award Bolton &Menk Construction Oversight $ 105,000.00 Not to exceed TOTAL $ 888,873.30 5.Funding: Funding for the project will come from a combination of the pavement management fund and stormwater fund. Fund Per CIP As Bid Est. 2024 End of Year Fund Balance Pavement Fund $ 1,121,500 $ 851, 236 $ 339,906 Stormwater Fund $184,680 $ 37,637 $1,838,546 Total $1,306,180 $888,873 AGENDA ITEM 232 6.Staff Recommendation: I recommend award of the bid to GMH Asphalt and approval of the proposal from Bolton and Menk for construction services. COUNCIL ACTION REQUESTED Motion to award the 2024 Streets project to GMH Asphalt for $728,873.30 and to authorize Bolton & Menk to perform construction oversight for a fee not to exceed $105,000.00. Exhibits A. Bid Tab B. BMI Fee Estimate - 2024 Street Improvements Construction Services 233 CITY OF ORONO 2024 STREET IMPROVEMENTS BID DATE: MARCH 13, 2024 ‐ 10:00 AM GMH Asphalt Corporation $728,873.30 Knife River Corporation ‐ North Central $738,977.00 Park Construction Company $745,801.00 Asphalt Surface Technologies Corporation $750,780.90 Northwest Asphalt, Inc. $758,551.10 Valley Paving, Inc. $787,095.00 Omann Contracting Companies, Inc. $820,387.20 Bituminous Roadways, Inc. $828,200.00 S.M. Hentges & Sons, Inc. $888,485.00 TOTAL AMOUNT BIDCONTRACTOR H:\ORNO\0C1131289\6_Plans-Specs\C_Bids Received\131289 Bid Tab.xls 1 234 H:\ORNO\$2024 New Projects\Fee Estimate - 2024 Street Improvements Construction Services.docx March 18, 2024 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2024 Street Improvements – Construction Services Dear Adam: As requested, we have prepared a scope of services and estimated fee for the construction services associated with the 2024 Street Improvements Project. Scope of Services Public Coordination/Communications Bolton & Menk is committed to supporting the coordination requirements of this project with qualified staff and will proactively engage affected property owners and the public with timely and accurate information via newsletters and website updates as desired by the City. Construction Staking and Observation Construction staking will be provided along with full-time construction observation (45 hours per week for 10 weeks). 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 • Review of all materials testing • 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 and weekly construction meetings • Review of shop drawings • Preparation of pay estimates • Contractor Communications • Liaison with City Staff and Council Record drawings detailing the completed improvements as recorded by the construction observer and the City of Orono’s contractor will be completed and furnished to the city in hard copy and electronic 235 H:\ORNO\$2024 New Projects\Fee Estimate - 2024 Street Improvements Construction Services.docx format. Record plans will also be linked to the city mapping system and the City’s GIS system will be updated. Fee Estimate Based on the scope of services described above, and unused design fees previously approved, we propose an additional fee of $105,000 to be billed on an hourly basis. Additional services that may be required after the contract’s substantial completion date for the project will be billed on an hourly basis. A separate proposal for materials testing services will be submitted to the city for review. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Principal Engineer 236 Date: April 8, 2024 Item: 21 Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Title: Work Session Schedule 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 Meeting Minutes 23 Sep 22 Apr 14 Oct Draft Capital Improvement Plans 13 May Code of Conduct 28 Oct Draft Capital Improvement Plans 28 May Grants Primer 12 Nov 10 Jun Adaptive Leadership / Difficult Conversations - (proposed move in date to accommodate consultant) 25 Nov Fee Schedule Update 24 Jun Preliminary Budget Guidance 2025 9 Dec Council Vision and Goal Setting 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: Additional topics for council consideration are: a. Code of Conduct - Follow up to March 11th Works session. Staff to present some options for council consideration. b. Adaptive Leadership / Difficult Conversations - Possible future topic with a consultant. - Request from Council Member Veach c. Grants Primer : Recent projects for which the City has applied and/or received grant funding, Process City utilizes for prioritizing grant applications, Overview of organizations/funding sources where grant money is available and What mechanisms City has in place to assist individuals/non- profits etc. who are interested in partnering with City - Request from Council Member Benson AGENDA ITEM 237 4.Staff Recommendation: A. I recommend council discuss their willingness to bring in a consultant for sessions on topics such as "adaptive leadership" and "difficult conversations" B. As there is not a subject scheduled for the next meeting, I recommend it be cancelled. COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. 238 Date: April 8, 2024 Item: 22 Presenter: Adam Edwards, City Administrator / Engineer Section: Council Committee Reports Title: Review Council Committee Reports 1.Purpose: The purpose of the agenda item is for the Orono council members to update one another on recent council committee meetings. 2.Last Meeting: A. The Long Lake Fire Advisory Board Met on March 12th B. The Orono Police Commission met on March 13th C. The Human Resources Committee met on March 19th 3.Members: A. Long Lake Fire Advisory Board Council Members. Richard Crosby (Absent) & Maria Veach City Staff Members. Adam Edwards and Chief James VanEyll. Other Member Entities. City of Long Lake (Lead), City Of Medina, and City of Minnetonka Beach B. The Orono Police Commission Council Members. Matt Johnson & Alisa Benson City Staff Members. Chief Correy Farniok (Host), Adam Edwards, Deputy Chief Tony Wittke, Sergeant Kenny Beck, and Maggie Jin. Other Member Entities. City of Mound, City of Spring Park, and City of Minnetonka Beach C. The Human Resources Committee Council Members. Mayor Denny Walsh & Alisa Benson City Staff Members. Adam Edwards, Maggie Jin, Anne Hentges. Other Staff Members in attendance. Laura Oakden and Christine Lusian AGENDA ITEM COUNCIL ACTION REQUESTED Discussion Item - no formal action required. Exhibits A. Fire Advisory Agenda March 12 2024 B. Orono Police Commission Agenda 03-13-2024 C. HR Committee Agenda-19 Mar 24 239 AGENDA Long Lake Fire Department Fire Advisory Meeting March 12, 2024 4:00 – 5:00 pm Long Lake Fire Station 1 340 Willow Drive N Orono, MN Representatives: Long Lake Orono Medina Minnetonka Beach Scott Weske Adam Edwards Scott Johnson Jennifer Halverson Jahn Dyvik Rich Crosby Kathleen Martin Heidi Honey Charlie Miner Maria Veach Jason Nelson Dino Deslauriers Please read: None Please bring: Pen and paper Welcome & Introductions Topics 2023 Final Budget Report 2024 Operating Expenses as of February Duty Crew Update Other Topics Any Additional Topics 240 Orono Police Commission Meeting Orono Police Department March 13, 2024 8:00 am -Welcome and Introductions - 2023 Police Activities – Year to Date -Investigative Summary - WMDTF Summary -merger with SWDTF -Community Engagement Review and Update -Embedded Social Worker -Several unhoused people (homeless) -Hiring and Recruitment -Fully staffed after two years -Current Issues -Theft from Autos -Burglaries - Finance Report – -2024 Budget to date -2025 – Police Contracts are 3% (Spring Park\Minnetonka Beach) -Other issues or concerns -Any concerns or improvements that can be made by the PD? Next Meetings 2024 Meeting Dates March 13 July 24 December 11 241 HR Committee Agenda 19 March 2024 1. Old Business. Last meeting 02 January 2024 A.Policy Items (1)Updated Policy Manual to restore the Gifting Policy section – Updated, 12 Feb 24 B.Organizational Initiatives (1)Reorganization of Fleet. Add Lead Mechanic/Maintenance Supervisor Position – Complete (2)Golf Course Superintendent Job Description / Title change – Complete (3)Clubhouse Manager / Events Coordinator- Part Time to Full Time – Complete C.Recruiting and retention (1)Police Recruiting Grant Participation- Grant Submitted- Awarded 2. New Business. A.Organizational Initiatives (1)IT Services management function. Currently we have an IT Tech and the Finance Director perform the IT management function. This is not sustainable long term. Increasing digitization = increased need to plan and manage its implementation. Looking at Full-time position. System Administrator/ IT Manager o LMC Salary Survey Low: $ 36.00 High: $ 47.50 Equates to Grade 11 in Orono o Step 3/Grade 11 is $84,650/ yr with benefits that will be around $110,000 / year Concurrently the existing IT position scope of duties would changed to a more helpdesk/ technician level o This will likely reduce the current position from a Grade 10 to Grade 9 a 6% reduction in compensation (2)Communications position. There is an ever-increasing desire for more, proactive communications form the city over a variety od media. Demand is exceeding existing city staff competencies and time. Currently the communication function is spread across staff as additional duties. Communication Specialist / Public Information Officer-Performs professional and technical work of moderate difficulty coordinating the jurisdiction's internal and external communication activities. Budget impact analysis o LMC Salary Survey Low: $ 32.00 High: $ 44.71 equates to grade 9 in Orono o Step 3/Grade 9 is $73,000 / yr with benefits that will be around $100,000 / year (3)Natural Resources Planner/Manager Concept = change one of the two planners to include a natural resource focus. Need to develop position description Budget impact Analysis o Likely to change from planner at grade 11 to grade 12 which would be a 6% increase to the CDD budget. B.HR Operations and Services (1) Implementing Police scheduling system and integration with city payroll system 242 (2) Currently looking at onboarding and training tracking systems. – More to follow as options are developed 3. Future Items A.Compensation Adjustment Request- PD Mgmt B.Onboarding and Training Management System. C.Engineer Tech position D.Permit Technician E.Future Public Safety Department reorg 243 Today my mayor council address is long. Out of respect for those that want to hear it, that want to listen, I will request civility from those attending. I would love to provide this in writing, easy to read, with graphs and bullet points to back up my notes but out of respect for my fellow council members, I want to provide it verbally before preparing anything. I want to be able to collaborate with them if they feel I have misrepresented information, or feel I have missed important ideas before I prepare it. I also needed to cut down my first version that was nearly 15 pages and 30 minutes long out of respect for everyone's time. So with that, I’ll start. I’d like to address a crucial change that our city is undergoing - switching from contracting fire services and bringing it in-house. This decision is not one to be taken lightly, as it is an element of safety, and it comes with an investment. Although this decision was made before I started on council, allow me to explain why this transition is responsible governance, and in my opinion,not only necessary but also advantageous for our city and and surrounding communities, and in the long-term interests of Orono taxpayers. I will explain how this decision creates a long-term financial benefit for our city. I will explain how the new Orono fire department provides opportunities for our city to build efficiencies to control costs with increased support from staff, and how with this change we seek to gain improvements in safety by changing the service model, all while providing an opportunity to build a relationship with our neighboring cities. I’ll begin with SUPPORT FROM STAFF Bringing fire services in-house allows the robust staff at Orono City to have greater control and accountability of the quality of service provided, and to be clear this is not because we received poor quality, but because we are looking to evolve how we offer service. Fire service, as traditionally provided, is under pressure nationwide to change and adapt. This shift in ownership enhances our ability to do so. By directly managing our fire department, we can ensure they are adequately trained, staffed, equipped and responsive to the needs of our citizens under this new service model, just as they are in their current service model. Yes, there will be start-up costs associated with this transition, but our goal as council should be Responsible Governance, in that I mean, setting the stage for long term success. While contracting, as we do currently, may seem financially attractive, we lose the ability to utilize all of our cities resources. By establishing our own fire department, we can streamline operations, eliminate middlemen expenses, and allocate resources more efficiently, ultimately better utilizing taxpayer dollars. Chief VanEyll has outlined many of these cost saving opportunities in his needs assessment provided at the June 12th, 2023 meeting. One example that I’ll note is it is a cost savings to have our city staff, who already address the mechanical needs of the police force fleet, to address the fleet of the fire department. When we talked about the needs of support from city staffing, even in the most recent audit, the auditor of Long Lake pointed out the existence of limited segregation of duties (one person wearing many hats) increases the risk of error. The robust staff at Orono would provide more resources benefiting the department, our taxpayers and the cities we can serve. On one occasion, as a member of the fire advisory board, tasked with reviewing the operational budgets, we at Orono were not provided the budgets to review in advance. Another meeting we were not provided the supporting information to justify a large increase to the budget in advance. Weaving the fire department into our budgeting process at Orono, with the help of our April 8, 2024 Submitted by Council Member Maria Veach page 1 of 5 finance staff, will allow us the opportunity to yield positive outcomes for the department and the citizens it serves. Next I’ll address why this transition of the fire department will allow for IMPROVEMENTS IN SAFETY The decision to transition fire services is rooted in our commitment to the safety, prosperity, and cohesion of our city. By embracing this change, we empower ourselves to better protect and serve our community while also optimizing resources. Before I was appointed, I was following this development of fire service as an invested fire wife and active community member. I had reached out to both cities to urge them to give the program a refresh that was needed. There are ways outside of our current contract we could evolve together with our neighbors, but with the constraints of the current contract, it is hard to start that process. We will continue to implement interim solutions that satisfy our commitment to safety while we wait for our contract to end and gain full access of station #2 (which we own completely) and our half of station number 1 which we are able to share starting on January 1, 2026. It takes time to train and establish a team, and that is the reason that we are starting before the contract is ending, a department can’t start overnight. We already have 9 paid on-call firefighters and 10 part time duty crew firefighters for a total of 19 members. This is almost double what exists in the Long Lake fire department for station #2 now. Nearly doubling the staff IS a safety improvement. Doubling the times of the day we have responders at the station ready to respond to calls IS a safety improvement. With three months to go, we are still allowed to grow that number with other part time firefighters and paid on-call members, including those at LLFD if they so desire, as long as they are able to seek consent from the city of Long Lake. Schedules are being set to improve safety by having responders available faster and closer to the call. We will also know with certainty who will be responding for the majority of calls. Yet another improvement to safety. It will also limit the need for paid on-call members to be our only line of defense as we look towards the future and what a hybrid model will look like. Now I’ll speak about RELATIONSHIPS The tension that exists between the Long Lake and Orono communities can be mended. It takes effective change management. Change management involves several key steps. Let me elaborate: Step 1: Clear Communication - this has been difficult due to media bias, social media posts, politicking in councils and the lawsuit which all leads to a lack of solutions between two cities. These media sources do not speak for the Long Lake firefighters nor do they speak for either of the city councils. They are independently operating, sharing their thoughts on the situation through their lens, with their bias which is their right, but do believe it is driving the wedge in further between the cities. Please look carefully at who’s information you are reading. Determine if this is someone looking for more solutions or more clicks? Do they follow their own advice? If you need more information, please reach out to a staff member at either city or anyone on either council. To date I have had one person reach out to me from the Orono community and we have met and had meaningful conversation. Engage outside of meetings, have real conversation and look for solutions. You have to be open to listening and engaging. Learn how local government works and how to drive change. I believe we will not only accomplish more together, we will all April 8, 2024 Submitted by Council Member Maria Veach page 2 of 5 be a bit less frustrated. I encourage you, be a part of the solution. Be part of the improvement in communication. Step 2: Explain the Reasons for the Change and Address concerns - I hope this information I have shared today provides some consolidation of years of information along with some of my perspective. Reiterating what I said earlier, the reason we are moving forward with a new fire department is to improve efficiencies through utilization of Orono’s robust staff, provide better safety through a new service model and increase the value of service to Orono residents by finding efficiency, ultimately better utilizing tax dollars. Now I’d like to address a few concerns. 1) It is correct, Orono did not require an additional background check for individuals currently serving as volunteer firefighters. Those individuals had already passed background checks and met requirements for employment and had been deemed suitable to be currently serving within our community. Chief’s are allowed discretion. Long Lake had also gone out of their standard hiring guidelines as well last year. All cities are looking to hire the best candidates to keep our cities safe. 2) It is also correct, a select few responders continued their paid on-call training with Orono after ensuring an adequate number of responders were attending a call. Long Lake’s Chief also did this during a meeting recently. All firefighters are trained to know when a response is necessary and are given the tools to ensure safety in our community. Step 3: Celebrate Successes Recognize and celebrate milestones and successes achieved during the transition process. Positive approach helps to boost morale and maintain momentum towards the change. Step 4: Address Resistance: Acknowledging and addressing resistance to change in a constructive manner. The constant addressing of rumors and critiquing of missteps has kept us looking in the past instead of looking ahead to the future. I believe that both city administrators can help lead our teams to overcoming any tension and work towards collaboration. I also believe that chief Mike and chief James can work together and lead the transition with their combined knowledge of fire service and the community we serve. I believe our staff will continue meeting, based on both councils recommendations, to find some synergies and share their thoughtful recommendations to present to councils. I’m hopeful that this change in communication, empowering our city leaders will be beneficial for all those involved. I believe with the right leadership, both departments will thrive through the transition. Both cities are currently exploring opportunities outside of our current contract. Most here know, Orono is pursuing an independent department but maybe don’t know that Long Lake has also been exploring alternatives in a relationship with Wayzata. Although we at Orono aren’t included in those conversations nor have we been presented any information I think it is positive that we are both embracing trying new service models, in fact I believe we should welcome it. Maybe in looking for options we could find some value in what we have currently possess, setting the stage for a new relationship, and if we can’t, then perhaps a change is the right decision for both cities. April 8, 2024 Submitted by Council Member Maria Veach page 3 of 5 To this point, I have discussed the three key elements that are important to why we are making these changes which are: utilizing Orono’s robust staff, enhancing safety to our community through a new model preparing us for the future, and mending relationships within Orono and Long Lake by reestablishing communications and looking outside of our current contract for enhancements. At this time, I would like to speak directly to the Orono tax payers. I would like to talk about the budget and the model of fire service for the Orono Fire Department. Orono has experienced double digit increases in our operational budgets from our contract with LLFD the last few years. If this were to continue, we would be paying 100% of today’s operating budget every 5 years. In 2023 we had a 15% increase from the previous year's operating budget when we paid roughly $543,000 for the operational budget of LLFD. In 2024 we are paying roughly $630,000, which is a nearly 16% increase over the previous years' budget. If we had not removed the initial territory for the partial year, we would have been paying $665,000 for the operational budget which would have been a nearly 22% increase to the operational budget over previous year. As a comparison, if we were to use the same current service model and utilize opportunities of sharing internal city assets we could not only flatten the annual increases, we could project them with certainty into the future. Although we will not be using that service model, it is important to know the current costs. For reference, the Orono fire department will cost $850,000 this year and with this increase we will have doubled staffing at station 2, and implemented part time duty crews to better meet the needs of the citizens we serve. Also noted is when Orono has control of our budget we will also get 100% of the hours for the 100% of the budget paid. As you may recall, currently we pay roughly 80% of the budget and receive roughly 60% of the call hours. Secondly I will address the capital investments. The capital expenditures to date that have been spent by Orono Fire are roughly $3.2 million on vehicles. Yes, in order to break the cycle, we have needed to make some capital investments but these investments are necessary in, or out, of our contract. As I learned, watching Long Lake's city council meeting from July 5th, it was a shortcoming of the contract that funds weren't required to be put in the CIP fund. No city that was participating in the contract was funding the CIP properly, which leads us to where we are today. Although, the city of Orono does have an established fire CIP and has funded it at and above the agreed upon amounts. The overall issue is the agreed upon amounts were insufficient. Our fleet NEEDS an overhaul, and we have started to address that. Currently Orono owns the majority of equipment and these investments will make a great addition to those pieces. I will provide more graphs and details that offer more context to this information based on the current Long Lake budget and the proposed Orono budget. Lastly, The biggest change will come in the model of fire service we will utilize, noticed most by those who know it best, our current firefighters. In our last FAB meeting we heard from chief Heiland that two firefighters is often the right number of responders which would mean on average we have 11 extra firefighters responding per call. We will look for ways to best utilize April 8, 2024 Submitted by Council Member Maria Veach page 4 of 5 call hours so it lessens the burden on paid on call members as well as better services tax payer dollars, all while remaining steadfast in safety. We will utilize paid duty crews to ensure we are meeting the changing needs of the community and ensuring safety with each step. Understandably, all of these staffing changes are hard to do with the current service model, but not out of the question when we try to rethink how we provide service, and knowing we have the right support from staff in place. This is a BIG change to our current service model, especially to those that know it best, but I do believe it is setting the stage for the evolution that is needed through the lens of responsible governance, and will be to the benefit of our citizens. In closing, we need collaboration, supported by both city councils and executed by staff. We have 2 experienced fire chiefs and 2 accomplished city administrators that are more than capable of executing a new standard and style of service with the right direction. We do not need to look to outside experts that have never worked in our call area, with our size of city, or with a hybrid model of department. We are not trying to implement what HAS been done, we are looking to see what CAN be done. We have the experts we need to take us to the next step. A fresh start is needed. Unfortunately, the current contract is heavily in the favor of Long Lake due to the allocation of equipment we own, the land we own, and the funding formula (which is heavily weighted in residential tax value) and is hard to use as a template to move forward. Cities have evolved, home values have changed, businesses have been built taller, populations have aged, and the list continues. It is time for our fire department to adapt, and through responsible governance we will be ready to do just that starting July 1st. April 8, 2024 Submitted by Council Member Maria Veach page 5 of 5 Date: April 8, 2024 Item: 23 Presenter: Adam Edwards, City Administrator / Engineer Section: Closed Session Title: Closed session to discuss Long Lake v. Orono litigations 1.Purpose: The City Council may close the meeting as permitted by Minn. Stat. §13D.05 subd.3(c)(3) to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential legal action, and strategy regarding the Long Lake v. Orono litigation. 2.Staff Recommendation: None AGENDA ITEM COUNCIL ACTION REQUESTED None 244